HomeMy WebLinkAboutE 20080618001930 r '
WHEN RECORDED MAIL TO:
T0;
CITY OF RENTON
City Clerk Div, Rm, 7Z8
1055 S Grady Way
Rentan WA 98055
20080618001930
GRANTOR: BNSF RAILWAY COMPANY PAGE001 OFN004 EAS 46.00
06/18/2008 14:29
GRANTEE: THE CITY OF RENTON KING COUNTY, WA
Abbreviated Legal Description: Part of Government Lot 1, Section 32, Township 24 North, Range 5 East,
Willamette Meridian, King County, Washington
Assessor Property Tax Parcel Account Numbers: �� „��{p,�—gp p„y"
MEMORANDUM OF EASEMENT
.}�h �
THIS MEMORANDUM OF EASEMENT is hereby executed this �5 day of �a� � a �
2008, by and between BNSF RAILWAY COMPANY, a Delaware corporation ("Grantor"), whose a ress
for purposes of this instrument is 2500 Lou Menk Drive, Fort Worth, Texas 76131, and THE CITY OF
RENTON, a political subdivision of the State of Washington ("Grantee"), whose address for purposes of
this instrument is 1055 S. Grady Way, Renton, Washington 98055, which terms "Grantor" and "Grantee"
shall include, wherever the context permits or requires, singular or plural, and the heirs, legal
representatives, successors and assigns of the respective parties:
WITNESSETH:
WHEREAS, Grantor owns or controls certain real property situated in King County, Washington
as described on Exhibit"A" attached hereto and incorporated herein by reference (the "Premises');
WHEREAS, Grantor and Grantee entered into an Easement Agreement, dated
..�d1r1LLd'L2�1 IS , 2008, (the "Easement Agreement") which set forth, among other things,
the terms of an easement granted by Grantor to Grantee over and across the Premises (the"Easement");
and
WHEREAS, Grantor and Grantee desire to memorialize the terms and conditions of the
Easement Agreement of record.
For valuable consideration the receipt and sufficiency of which are hereby acknowledged, Grantor
does grant unto Grantee and Grantee does hereby accept from Grantor the Easement over and across
the Premises.
The term of the Easement, unless sooner terminated under provisions of the Easement
Agreement, shall be perpetual Provisions regulating the use and purposes to which the Easement shall be
limited, are set forth in detail in the Easement Agreement and Grantor and Grantee agree to abide by the
terms of the Easement Agreement.
Page 1 of 3
All the terms, conditions, provisions and covenants of the Easement Agreement are incorporated
herein by this reference for all purposes as though written out at length herein, and both the Easement
Agreement and this Memorandum of Easement shall be deemed to constitute a single instrument or
document. This Memorandum of Easement is not intended to amend, modify, supplement, or supersede
any of the provisions of the Easement Agreement and, to the extent there may be any conflict or
inconsistency between the Easement Agreement or this Memorandum of Easement, the Easement
Agreement shall control.
IN WITNESS WHEREOF, Grantor and Grantee have executed this Memorandum of Easement to
as of the date and year first above written.
GRANTOR:
BNSF RAILWAY COMPANY, a Delaware corporation
By:
Name: Davi . Schnei
Title: General Director-Land Revenue Management
STATE OF TEXAS )
)ss.
COUNTY OF TARRANT)
On this ��/� day of �Gf n Lt Zt r.�.�, 2008, before me, the undersigned, a Notary
Public in and for the State of Texas, duly commissioned and sworn, personally appeared David P. Schneider
to me known to be the General Director-Land Revenue Management of BNSF Railway Company, the
corporation that executed the foregoing instrument, and acknowledged the said instrument to be the free and
voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated
that he is authorized to execute the said instrument
Witness my hand and official seal hereto aifixed the day and ar irst above written.
� GL/�`�'`
,�,R,r,.�,, ot Public in and for the State of Texas
RHONDA BURTON
J, ^ My Commission Expires Res ding at Fort Worth,Texas
September 21, 2008 �
�>
My ppointment expires: _�'�i/ � v�
BNSF 07537 Renton, WA Page 2 of 3
a
GRANTEE:
r
, . � � •�� THE CITY OF RENTON,
i :
,_Y_, , a political subdivision of the State of Washington
, �
M � �• -
�1'.. . � . By'
:� �^,,,�,�. ('' , . . Name: Kath� Keolker
's �... Title: Ma�c�r
,, - �
�i� �� .
� Attest :
. //�� �f�D7
�- �Q�• �
Bonnie I . Walton, City Clerk
STATE OF WASHINGTON §
§ss.
COUNTY OF KING §
On this �day of �(�o;;�r�x�'l , 2007, before me, the undersigned, a
Notary Public in and for the State of �-l�c�.�--..��� , duly commissioned and sworn, personally
appeared �c���--.. ��-c�-�'-�-�--� s— , to me known to be the
�,,�, „� n , respectively, of the City of Renton, the
corporation hat accepted the foregoing instrument, and acknowledged the said instrument to be the free
and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath
stated that they are authorized to accept said instrument for said corporation.
W itness my hand and official seal hereto�ffixed the a�C and year f' t above written.
> ,��
<;,S , ---; , ,�..
Notar Public for e State of Was gton
Residing at: �--- �r�"1.
My appointment expires: �'� 7' ��-`��l'
Page 3 of 3
EXHIBIT "A"
PERMANENT PUBLIC EASEMENT
LEGAL DESCRIPTION
A 96.92 foot wide easement for permanent public access purposes over a portion of the
100-foot wide right-of-way of the BNSF Railway Company's Seattle Belt Line in
Government Lot l, Section 32, Township 24 North, Range 5 East, W.M., King County,
Washington, said easement being 48.46 feet each side of the following described
centerline:
Commencing at the North Quarter Corner of said Section 32;thence N.88°48'22"W. along
the north line of said Section 32, a distance of 1,05537 feet to the centerline of said railroad
right-of-way;thence southwesterly along said centerline, S.30°54'S7"W., 836.23;then leaving
said right-of-waycenterline S.59°05'03"E., 50.00 feet to a point on the easterlyrailroad right-
of-waymargin and the TRUE POINT OF BEGINNING of herein described centerline;
thence N.59°05'03"W., 100.00 feet to a point on the westerly right-of-way margin and the
ternzinus of this description.
Containing an area of 9,692 square feet, more or less.
H:�tarolsanders�Easements-WA�Renton\City of Renton�Barbee Mill SiteRJ.4]St.Legal 5-04-07.doc031104