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" �a <br /> 1 <br /> Pipeline r�r\ <br /> N o. 241,021 <br /> THIS AGREEMENT, made this 16th day of June , 1982 , between <br /> BURLINGTON NORTHERN RAILROAD COMPANY (formerly <br /> BURL!�dGTON NORTHERN INC., a Delaware corporation,hereinaftercalled"Railroad,"and CITY OF EVERETT, a <br /> �nunicipal corporation o£ the State of Washington, <br /> whose post office address is Public [•7orks Department, 3200 Cedar :,treet, Everett, <br /> Washington 98201, hereinafter called "Permittee." <br /> WITNESSETH: <br /> Railroad, for and in consideration of the fee herein provided to be paid to it by Permittee and of the covenants and � <br /> promises hereinafter made to be observed and performed by Permittee,does hereby grant ro Permittee license and permission <br /> to excavate for, construct, maintain and operete an 8-inch storm sewer pipeline, a 6-inch sewer <br /> pipeline, and an 8-inch water pipeline, � <br /> hereinafter referred to as the "facility," upon, along or across the right of way of Railroad, undemeath the surface'thereof, <br /> and under the tracks of i�s railroad, as the case may be, at or near Everett Station, in the County of <br /> Snohomish ,State of Flashington , to be located as follows,to�wit: <br /> 8-inch storm sewer yipeline crossing at survey station 11 + 62, 6-inch sewer <br /> pipeline crossing at survey station 11 + 65 and 8-inch water pipeline crossing at <br /> survey station 11 + 75 as shown colored red on the plats hereto attached, marked <br /> Exhibits "A", "B" and "C", dated April 21, 1982, and by this �.eference thereto <br /> made a part hereof. <br /> ZGiI.,.,.� ' <br /> °"��''�"'^" ''" '' ei�d bo ehie refe eiiee elieiete niede e pere lieiee( <br /> Perinittee in consideration of such license and permission hereb}�covenants and promises as follows: <br /> 1. Permittee will pay in advance to Railroad for tliis permit the sum of One Dollar ($1.00) for tha full . <br /> term, receipt of which is hereby acknowledged, <br /> � <br /> also all taxes and assessments that may be levied or assessed against said tacility. Railroad reserves the right to change the said <br /> � charge at any time while this permit remains in ef(ect upon thirty (30) d,ys'written netice. This provision for payment shall <br /> �` � in no way restrict Railroad's right o(termination under Paragraph 9 hereof. <br /> 2. Permittee, at Permittee's wle cos[ and expense, shall excavate for, consvuct, reco: 'ruct, maintain and repair the <br /> facility placing the same in accordance with the specifications provided in a{�p'�ieetiywdeeee}- applications dated <br /> ;�„ April 7, 1962, heretofore approved <br /> by the Railroad's Regional Manager �ngineering. <br /> �i � <br /> Permittee shall fill in the excavation, and restore the surface of the ground to its previous condition subject to the , <br /> approval of thc Superintendent of the Division of Railroad upon rahich the faciliry '- 'ocated.Said Superintendent �iall have <br />