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Opinions Thru Brown

September 6, 1887 Burke Right-of-Way Deed to the
Seattle Lake Shore and Eastern Railway

by John Rasmussen

Please read a disclaimer for the statements I make on this website accusing judges, politicians and activists of criminal actions.



Note from John Rasmussen:

         This webpage presents the September 6, 1887 Burke Right-of-Way Deed to the Seattle Lake Shore and Eastern Railway (SLS&E). The granting clause and habendum are displayed below. These elements of the deed may be confirmed in Northlake Marine Works v. Seattle (1993), which published significant elements of the deed. The Burke deed was construed to be an easement in Pacific Iron Works v. Bryant Lumber (1910). The Northlake court published only the granting clause and habendum. I do not have a photocopy of the deed, as I do with most of the other SLS&E deeds discussed on this website, so cannot confirm the existence of any secondary grant.



Significant Elements of the Burke Deed:

    Granting Clause: September 6, 1887 Burke Right-of-Way Deed to the SLS&E

      "In consideration of the benefits and advantages to accrue to us from the location, construction and operation of the Seattle, Lake Shore and Eastern Railway, in the County of King, in Washington Territory, we do hereby remise, release and forever quitclaim unto said Seattle, Lake Shore and Eastern Railway Company a right of way one hundred (100) feet in width through the lands in said County, described as follows, to-wit:"
      (Confirm this granting clause in the portion of the Northlake opinion shown below.)

    Habendum: September 6, 1887 Burke Right-of-Way Deed to the SLS&E

      "To have and to hold the said premises, with the appurtenances, unto the said party of the second part, and to its successors and assigns forever for railway purposes; but if it should cease to be used for a railway the said premises shall revert to said grantors, their heirs, executors, administrators or assigns."
      (Confirm this habendum in the portion of the Northlake opinion shown below.)



The Northlake opinion provides portions of the Burke Deed:

Note from John Rasmussen:

         The September 6, 1887 Burke Right-of-Way Deed to the Seattle Lake Shore and Eastern Railway (SLS&E) was published in Northlake Marine Works v. Seattle (1993), and is displayed directly below. The Burke deed was construed to be an easement in Pacific Iron Works v. Bryant Lumber (1910).

           "This suit arose out of a property dispute involving a 100- foot-wide railroad right of way in the Fremont area north of Lake Union. The right of way was originally deeded to Seattle Lake Shore & Eastern Railway in 1887 by Thomas and Carrie Burke. /1 The deed provided:

             In consideration of the benefits and advantages to accrue to us from the location, construction and operation of the Seattle, Lake Shore and Eastern Railway, in the County of King, in Washington Territory, we do hereby remise, release and forever quitclaim unto said Seattle, Lake Shore and Eastern Railway Company a right of way one hundred (100) feet in width through the lands in said County, described as follows, to-wit: . . .

             To have and to hold the said premises, with the appurtenances, unto the said party of the second part, and to its successors and assigns forever for railway purposes; but if it should cease to be used for a railway the said premises shall revert to said grantors, their heirs, executors, administrators or assigns."

      [Northlake Marine Works v. Seattle (1993)]