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Home My WebLink AboutE 20061019002130 ' ' . �Law L�epartment Approved ' • WHEN RECORDED MAIL TO: WHEN RECORDED RETURN TO: 20061019002130 CITY OF RENTON EAS 37.00 ��C��8� 30G 9 2008 /5839 Rer�on City N�II KING COUNTY, WA 1056 South C�It�y W1►y Renton,�►� � E2244400 10/19/2008 15:38 KING COUNTY, WA TAX 558.40 SALE a3,000.00 PAGE001 OF 001 Memorandum of Easement GRANTOR: BNSF RAILWAY COMPANY GRANTEE: CITY OF RENTON Abbreviated Legal Description: Part of the NW'/< of Section 8, Township 23 North, Range 5 East of the Willamette Meridian, King County, Washington Assessor Property Tax Parcel Account Numbers: (None Railroad Right of Way) THIS MEMORANDUM OF EASEMENT is hereby executed this 1(o�1L�day of DC�D6��.. , 2006', by and between BNSF RAILWAY COMPANY, a Delaware corporation ("Grantor"), whose address for purposes of this instrument is 2500 Lou Menk Drive, Fort Worth, Texas 76131, and CITY OF RENTON, a Washington municipal corporation ("Grantee"), whose address for purposes of this instrument is 1055 S. Grady Way, Renton, WA 98057, 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 and A-1" attached hereto and incorporated herein by reference (the "Premises'); WHEREAS, Grantor and Grantee entered into an Easement Agreement, dated October �IO , 2006, (the "Easement Agreement") which set forth, among other things, the terms of an easement granted by Grantor to Grantee over and across a portion of 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. BNSF 04286 Renton, WA Page 1of 4 ' < Law Department Approved ' • . 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. 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: Dalen E. Wintermute Title: Manager-Land Revenue Management STATE OF TEXAS § § COUNTY OF TARRANT § On this �� day of D b�� , 2006, before me, the undersigned, a Notary Public in and for the State of Texas, duly commissioned and sworn, personally appeared Dalen E. Wintermute, to me known to be the Manager-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 they are authorized to execute the said instrument and that the seal affixed is the corporate seal of said corporation. Witness my hand and official seai hereto affixe e y and year first above written. �./ Not ry Public/_ for the State of Texas .��R,�cb� � -,; RHONDA BURTON � My Commission Expires Resi ing at. � , September 21, 2008 My appointment expires: 9��Li, aodFr BNSF 04286 Renton, WA Page 1 of 4 � ;.,aw Department Approved ACCEPTED BY: GRANTEE: THE CITY OF RENTON, a Washington municipal corporation , By: � Name: � � Title: STATE OF WASHINGTON § §ss. COUNTY OF § On this��day of ��mb�� , 2001.�, before me, the undersigned, a Notary Public in and for the State of i�`� . �v�r�k�v� , duly commissioned and sworn, personally appeared � �' �rm and , to me known to be the '� � and respectively, of �� ,�� u� , the corporation that 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. Witness�``4��o'jcial seal hereto affixed the day and year first above written. `��7�1' �'y!� ��,..,�� `�� a Notary Public or the Sta of Washington , ��.OT��p� s � � �� _ . _ �r= Residing at:��;�`►Tw�a ��'�,,h��d;� `;� My appointment expires: t h� '��,N�_��,'�tf ��+fo�W�S��`�� Exhibit"B" Page 3 of 4 � � �Law D'epartment Approved EXHIBIT "A" and "A-1" Exhibit"B" Page 4 of 4 EXHIBIT A ROADWAY EASEMENT ALL EXISTING RIGHT-OF-WAY INFORMATION IS TAKEN FROM A QUITCLAIM DEED FOR STREET PURPOSES FOR HOUSER WAY NORTH,DATED JULY 14TH, 1965 AND RECORDED UNDER K1NG COUNTY AUDITOR'S FILE NO,5928976. A PORTION OF THE NORTHWEST QUARTER OF SECTION 8,TOWNSHIP 23 NORTH, RANGE 5 EAST,WILLAMETTE MERIDIAN,IN KING COUNTY,WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT A POlNT OPPOSITE AND 30.00 FEET LEFT OF THE CENTERLINE STATION 26+40.79 OF HOUSER WAY,BEING A POINT ON A CURVE TO THE RIGHT WITH A RADNS OF 202.00 FEET,WHOSE CENTER BEARS NORTH 80°04'14"WEST; THENCE SOUTHWESTERLY ALONG SAID CURVE AN ARC DISTANCE OF 29.75 FEET THROUGH A CENTRAL ANGLE OF 8°26'18"; THENCE NORTH 38°56'31"EAST A DISTANCE OF 25.59 FEET TO THE 1NTERSECTION OF THE SOUTH MARGIN OF SAID HOUSER WAY WITH THE EAST MARGIN OF A 65.00 FOOT WIDE RAILROAD RIGHT-OF-WAY L1NE AT A PONT ON A CURVE TO THE RIGHT WITH A RADIUS OF 140.00 FEET,WHOSE CENTER BEARS NORTH 42°44'S6"EAST; THENCE NORTHWESTERLY ALONG SAID CURVE AN ARC DISTANCE OF 12.55 FEET THROUGH A CENTRAL ANGLE OF 5°08'04"TO THE PO1NT OF BEGINNING. �;<�rY�i�it. ?�--"1 ` � .�� ..- r � � t � R�� "'� � t FND MON IN CASE � � 1.5" BRASS DISC �" � �� IPLS �23613-�1994 � � PARK AVC', �� 1 26+40.79 5��+Q, HOU5ER WAY � �4�. � �� \ b'�� — �G � �=8'26'18" -"�X15��,E�� ". R:0.g6� R=202.00' �A o� � L=29.75' S�`�' �`` ,,,,� � 25+50 �� \ HOUSER N1AY ti�'�G t t'�' ,/� �� b� � � ,,�0 '� � � HOUSER VVAY I NEW RR ESMT � � " — 3O� — 147 sq.ft. � I � � �t �� 65.00' �-I I 65' RAILROAD ROW � i � I I � '� PROPflSED �,�`Eo M a y�' � �� '� EASEMENT � { z:� _ r� AnEngineering5ervicesGompany ��,�' 33A5 '4jo �WN. BY DATE Civil � Structural � Planning � Survey �'s ,..ECIgT�,t��'�'4�a NSC 08/28/06 1601 2nd Avenue Suite 1000 �/�Nq� .LA�O �J , CHKD. BY JOB N0. Seattle,WA 98101 paceengrs.com E%PIRES zio3ioe � ��G p5770.13 p.206.441.1855� f. 206,448.7167