HomeMy WebLinkAboutCAG2023-236 - Original - BNSF Railway Company - 2023 Quiet Zone - 06/21/2023 FOR CITY OF KENT OFFICIAL USE ONLY
Sup/Mgr:
Agreement Routing Form DirAsst:
• For Approvals,Signatures and Records Management
Dir/Dep:
KEN T This form combines&replaces the Request for Mayor's Signature and Contract Cover (Optional)
WASHINGTON Sheet forms. (Print on pink or cherry colored paper)
Originator: Department:
Cheryl Rolcik-Wilcox Public Works
_ Date Sent: Date Required:
i° 04/07/2023 04/12/2023
0
Q Authorized to Sign: Date of Council Approval:
O' Mayor or Designee 1/17/2023
Q
Budqet Account Number: Grant? Yeso NOR]
R00016
Type: N/A
Budget? Yes❑No
Vendor Name: Category:
BNSF Railway Company Contract
Vendor Number: Sub-Category:
Original
c
0
Project Name: 2023 BSNF Railroad Quiet Zone
cProject Details: Easement for crossings located at 259th, Titus, Gowe, Meeker
W. and 212th
c
Agreement Amount: 45,500.00
Basis for Selection of Contractor:
£ 'Memo to Mayor must be attached
40
Start Date: Termination Date: Perpetual
Q Local Business?❑Yes[:]No*lfmeets requirements per KCC 3.70.100,please complete"Vendor Purchase-Local Exceptions"form on Cityspace
Business License Verification: El Yes❑In-ProcessE1Exempt(KCC 5.01.045) 0Authorized Signer Verified
Notice required prior to disclosure? Contract Number:
Flesallo CAG2023-236
Comments:
a Mayor Ralph, Please print two originals and sign both on the 7th page of
this packet and 14th page of this packet. Your signature only needs to be
notarized on the 14th page. BNSF requires original copies so please
_ = forward both originals back to me after signature and I will work with them
c to obtain their signatures. My office will record the memorandum and will
3 °C ensure the Clerk has a fully signed copy. Thank you! Cheryl R-W
a�
cc
Date Received:City Attorney: 4/7/23 Date Routed:Mayor's office 4/11/23 City Clerk's Office 4/11/23
I
ad«wzzs a_ zo `� �slt Documents.KentWA.gov toobta�co0es of all agreements �rev20�221. 201
EASEMENT AGREEMENT
Kent,WA—2591", Titus, Gowe, Meeker, 212th
(Grade Crossing Easement)
THIS EASEMENT AGREEMENT FOR CONSTRUCTING GRADE CROSSINGS in multiple
lacatia s within the City of Kent, Washington ("Easement Agreement") is made and entered into as of
the day of 2023 ("Effective Date"), by and between BNSF RAILWAY
COMPANY, a Delaware corporation ('Grantor"), and THE CITY OF KENT, a municipal corporation
("Grantee").
A. Grantor owns or controls certain real property situated in the City of Kent, County of King, State of
Washington, at Railroad Line Segment 51 as described or depicted on Exhibit "A" and described on
Exhibit"A-V attached hereto and made a part hereof(the"Premises").
B. Grantor and Grantee have entered into that certain Construction and Maintenance
Agreement dated as of March 31, 2023 concerning improvements on or near the Premises (the "C&M
Agreement").
C. Grantee has requested that Grantor grant to Grantee an easement over the Premises for
the Easement Purpose (as defined below).
D. Grantor has agreed to grant Grantee such easement, subject to the terms and conditions
set forth in this Easement and in the C&M Agreement incorporated herein as if fully set forth in this
instrument which terms shall be in full force and effect for purposes of this Easement even if the C&M
Agreement is, for whatever reason, no longer in effect.
NOW, THEREFORE, for and in consideration of the foregoing recitals which are incorporated
herein, the mutual promises contained herein, and other good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, the parties agree as follows:
Section 1 Granting of Easement.
1.1 Easement Purpose. The "Easement Purpose" shall be for the purposes set forth in the
C&M Agreement. Any improvements to be constructed in connection with the Easement Purpose are
referred to herein as "Improvements" and shall be constructed, located, configured and maintained by
Grantee in strict accordance with the terms of this Easement Agreement and the C&M Agreement.
1.2 Grant. Grantor does hereby grant unto Grantee a non-exclusive easement ("Easement")
over the Premises for the Easement Purpose and for no other purpose. The Easement is granted subject to
any and all restrictions, covenants, easements, licenses, permits, leases and other encumbrances of
whatsoever nature whether or not of record, if any, relating to the Premises and subject to all with all
applicable federal, state and local laws, regulations, ordinances, restrictions, covenants and court or
administrative decisions and orders, including Environmental Laws (defined below) and zoning laws
(collectively, "Laws"),. Grantor may not make any alterations or improvements or perform any maintenance
or repair activities within the Premises except in accordance with the terms and conditions of the C&M
Agreement.
1.3 Reservations by Grantor. Grantor excepts and reserves the right, to be exercised by
Grantor and any other parties who may obtain written permission or authority from Grantor:
(a) to install, construct, maintain, renew, repair, replace, use, operate, change, modify
and relocate any existing pipe, power, communication, cable, or utility lines and
appurtenances and other facilities or structures of like character (collectively,
"Lines") upon, over, under or across the Premises;
(b) to install, construct, maintain, renew, repair, replace, use, operate, change, modify
and relocate any tracks or additional facilities or structures upon, over, under or
across the Premises; and
(c) to use the Premises in any manner as the Grantor in its sole discretion deems
appropriate, provided Grantor uses all commercially reasonable efforts to avoid
material interference with the use of the Premises by Grantee for the Easement
Purpose.
Section 2 Term of Easement. The term of the Permanent Easement, unless sooner terminated under
provisions of this Easement Agreement, shall be perpetual.
Section 3 No Warranty of Any Conditions of the Premises. Grantee acknowledges that Grantor
has made no representation whatsoever to Grantee concerning the state or condition of the Premises, or
any personal property located thereon, or the nature or extent of Grantor's ownership interest in the
Premises. Grantee has not relied on any statement or declaration of Grantor, oral or in writing, as an
inducement to entering into this Easement Agreement, other than as set forth herein GRANTOR HEREBY
DISCLAIMS ANY REPRESENTATION OR WARRANTY, WHETHER EXPRESS OR IMPLIED, AS TO THE
DESIGN OR CONDITION OF ANY PROPERTY PRESENT ON OR CONSTITUTING THE PREMISES, ITS
MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE, THE QUALITY OF THE
MATERIAL OR WORKMANSHIP OF ANY SUCH PROPERTY, OR THE CONFORMITY OF ANY SUCH
PROPERTY TO ITS INTENDED USES. GRANTOR SHALL NOT BE RESPONSIBLE TO GRANTEE OR
ANY OF GRANTEE'S CONTRACTORS FOR ANY DAMAGES RELATING TO THE DESIGN, CONDITION,
QUALITY, SAFETY, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OF ANY
PROPERTY PRESENT ON OR CONSTITUTING THE PREMISES, OR THE CONFORMITY OF ANY
SUCH PROPERTY TO ITS INTENDED USES. GRANTEE ACCEPTS ALL RIGHTS GRANTED UNDER
THIS EASEMENT AGREEMENT IN THE PREMISES IN AN "AS IS, WHERE IS"AND "WITH ALL FAULTS"
CONDITION, AND SUBJECT TO ALL LIMITATIONS ON GRANTOR'S RIGHTS, INTERESTS AND TITLE
TO THE PREMISES. Grantee has inspected or will inspect the Premises, and enters upon Grantor's rail
corridor and property with knowledge of its physical condition and the danger inherent in Grantor's rail
operations on or near the Premises. Grantee acknowledges that this Easement Agreement does not
contain any implied warranties that Grantee or Grantee's Contractors (as hereinafter defined) can
successfully construct or operate the Improvements.
Section 4 Nature of Grantor's Interest in the Premises. GRANTOR DOES NOT WARRANT ITS
TITLE TO THE PREMISES NOR UNDERTAKE TO DEFEND GRANTEE IN THE PEACEABLE
POSSESSION OR USE THEREOF. NO COVENANT OF QUIET ENJOYMENT IS MADE. In case of the
eviction of Grantee by anyone owning or claiming title to or any interest in the Premises, or by the
abandonment by Grantor of the affected rail corridor, Grantor shall not be liable to refund Grantee any
compensation paid hereunder.
Section 5 Improvements. Grantee shall take, in a timely manner, all actions necessary and proper to
the lawful establishment, construction, operation, and maintenance of the Improvements, including such
actions as may be necessary to obtain any required permits, approvals or authorizations from applicable
governmental authorities. Any and all cuts and fills, excavations or embankments necessary in the
construction, maintenance, or future alteration of the Improvements shall be made and maintained in such
manner, form and extent as will provide adequate drainage of and from the adjoining lands and premises of
the Grantor, and wherever any such fill or embankment shall or may obstruct the natural and pre-existing
drainage from such lands and premises of the Grantor, the Grantee shall construct and maintain such
culverts or drains as may be requisite to preserve such natural and pre-existing drainage, and shall also
wherever necessary, construct extensions of existing drains, culverts or ditches through or along the
premises of the Grantor, such extensions to be of adequate sectional dimensions to preserve the present
flowage of drainage or other waters, and of materials and workmanship equally as good as those now
existing. In the event any construction, repair, maintenance, work or other use of the Premises by Grantee
will affect any Lines, fences, buildings, improvements or other facilities (collectively, "Other
Improvements"), Grantee will be responsible at Grantee's sole risk to locate and make any adjustments
necessary to such Other Improvements. Grantee must contact the owner(s) of the Other Improvements
notifying them of any work that may damage these Other Improvements and/or interfere with their service
and obtain the owner's written approval prior to so affecting the Other Improvements. Grantee must mark
all Other Improvements on the Plans and Specifications and mark such Other Improvements in the field in
order to verify their locations. Grantee must also use all reasonable methods when working on or near
Grantor property to determine if any Other Improvements (fiber optic, cable, communication or otherwise)
may exist. The Grantee agrees to keep the above-described premises free and clear from combustible
materials and to cut and remove or cause to be cut and removed at its sole expense all weeds and
vegetation on said premises, said work of cutting and removal to be done at such times and with such
frequency as to comply with Grantee and local laws and regulations and abate any and all hazard of fire.
Section 6 Taxes and Recording Fees. Grantee shall pay when due any taxes, assessments or other
charges (collectively, "Taxes") levied or assessed upon the Improvements by any governmental or quasi-
governmental body or any Taxes levied or assessed against Grantor or the Premises that are attributable to
the Improvements. Grantee agrees to purchase, affix and cancel any and all documentary stamps in the
amount prescribed by statute, and to pay any and all required transfer taxes, excise taxes and any and all
fees incidental to recordation of the Memorandum of Easement. In the event of Grantee's failure to do so, if
Grantor shall become obligated to do so, Grantee shall be liable for all costs, expenses and judgments to or
against Grantor, including all of Grantor's legal fees and expenses.
Section 7 Environmental.
7.1 Compliance with Environmental Laws. Grantee shall strictly comply with all federal, state
and local environmental Laws in its use of the Premises, including, but not limited to, the Resource
Conservation and Recovery Act, as amended (RCRA), the Clean Water Act, the Oil Pollution Act, the
Hazardous Materials Transportation Act, the Comprehensive Environmental Response, Compensation and
Liability Act (CERCLA) and the Toxic Substances Control Act (collectively referred to as the
"Environmental Laws"). Grantee shall not maintain a "treatment," "storage," "transfer" or"disposal"facility,
or "underground storage tank," as those terms are defined by Environmental Laws, on the Premises.
Grantee shall not handle, transport, release or suffer the release of "hazardous waste" or "hazardous
substances", as"hazardous waste" and "hazardous substances" may now or in the future be defined by any
Environmental Laws.
7.2 Notice of Release. Grantee shall give Grantor immediate notice to Grantor's Resource
Operations Center at (800) 832-5452 of any release of hazardous substances on or from the Premises,
violation of Environmental Laws, or inspection or inquiry by governmental authorities charged with enforcing
Environmental Laws with respect to Grantee's use of the Premises. Grantee shall use its best efforts to
promptly respond to any release on or from the Premises. Grantee also shall give Grantor immediate notice
of all measures undertaken on behalf of Grantee to investigate, remediate, respond to or otherwise cure
such release or violation.
7.3 Remediation of Release. In the event that Grantor has notice from Grantee or otherwise of
a release or violation of Environmental Laws which occurred or may occur during the term of this Easement
Agreement, Grantor may require Grantee, at Grantee's sole risk and expense, to take timely measures to
investigate, remediate, respond to or otherwise cure such release or violation affecting the Premises. If
during the construction or subsequent maintenance of the Improvements, soils or other materials
considered to be environmentally contaminated are exposed, Grantee will remove and safely dispose of
said contaminated soils. Determination of soils contamination and applicable disposal procedures thereof,
will be made only by an agency having the capacity and authority to make such a determination.
7.4 Preventative Measures. Grantee shall promptly report to Grantor in writing any conditions or
activities upon the Premises known to Grantee which create a risk of harm to persons, property or the
environment and shall take whatever action is necessary to prevent injury to persons or property arising out
of such conditions or activities; provided, however, that Grantee's reporting to Grantor shall not relieve
Grantee of any obligation whatsoever imposed on it by this Easement Agreement. Grantee shall promptly
respond to Grantor's request for information regarding said conditions or activities.
7.5 Evidence of Compliance. Grantee agrees periodically to furnish Grantor with proof
satisfactory to Grantor that Grantee is in compliance with this Section 7. Should Grantee not comply fully
with the above-stated obligations of this Section 7, notwithstanding anything contained in any other
provision hereof, Grantor may, at its option, terminate this Easement Agreement by serving five (5) days'
notice of termination upon Grantee. Upon termination, Grantee shall remove the Improvements and restore
the Premises as provided in Section 9.
Section 8 Default and Termination.
8.1 Grantor's Performance Rights. If at any time Grantee, or Grantee's Contractors, fails to
properly perform its obligations under this Easement Agreement, Grantor, in its sole discretion, may: (1) seek
specific performance of the unperformed obligations, or (ii) at Grantee's sole cost, may arrange for the
performance of such work as Grantor deems necessary for the safety of its rail operations, activities and
property, or to avoid or remove any interference with the activities or property of Grantor, or anyone or
anything present on the rail corridor or property with the authority or permission of Grantor Grantee shall
promptly reimburse Grantor for ail costs of work performed on Grantee's behalf upon receipt of an invoice
for such costs Grantor's failure to perform any obligations of Grantee or Grantee's Contractors shall not
alter the liability allocation set forth in this Easement Agreement.
82 Abandonment. Grantor may, at its option, terminate this Easement Agreement by serving
five (5) days' notice in writing upon Grantee if Grantee should abandon or cease to use the Premises for the
Easement Purpose. Any waiver by Grantor of any default or defaults shall not constitute a waiver of the
right to terminate this Easement Agreement for any subsequent default or defaults, nor shall any such
waiver in any way affect Grantor's ability to enforce any section of this Easement Agreement.
8.3 Effect of Termination or Expiration. Neither termination nor expiration will release Grantee
from any liability or obligation under this Easement, whether of indemnity or otherwise, resulting from any
acts, omissions or events happening prior to the date of termination or expiration, or, if later, the date the
Premises are restored as required by Section 9.
8.4 Non-exclusive Remedies. The remedies set forth in this Section 8 shall be in addition to,
and not in limitation of, any other remedies that Grantor may have under the C&M Agreement, at law or in
equity.
Section 9 Surrender of Premises.
9.1 Removal of Improvements and Restoration. Upon termination of this Easement
Agreement, whether by abandonment of the Easement or by the exercise of Grantor's termination rights
hereunder, Grantee shall, at its sole cost and expense, immediately perform the following:
(a) remove all or such portion of Grantee's Improvements and all
appurtenances thereto from the Premises, as Grantor directs at Grantor's
sole discretion;
(b) repair and restore any damage to the Premises arising from, growing out
of, or connected with Grantee's use of the Premises;
(c) remedy any unsafe conditions on the Premises created or aggravated by
Grantee; and
(d) leave the Premises in the condition which existed as of the Effective Date.
9.2 Limited License for Entry. If this Easement Agreement is terminated, Grantor may direct
Grantee to undertake one or more of the actions set forth above, at Grantee's sole cost, in which case
Grantee shall have a limited license to enter upon the Premises to the extent necessary to undertake the
actions directed by Grantor The terms of this limited license include all of Grantee's obligations under this
Easement Agreement. Termination will not release Grantee from any liability or obligation under this
Easement Agreement, whether of indemnity or otherwise, resulting from any acts, omissions or events
happening prior to the date of termination, or, if later, the date when Grantee's Improvements are removed
and the Premises are restored to the condition that existed as of the Effective Date. If Grantee fails to
surrender the Premises to Grantor upon any termination of the Easement, all liabilities and obligations of
Grantee hereunder shall continue in effect until the Premises are surrendered.
Section 10 Liens. Grantee shall promptly pay and discharge any and all liens arising out of any
construction, alterations or repairs done, suffered or permitted to be done by Grantee on the Premises or
attributable to Taxes that are the responsibility of Grantee pursuant to Section 6. Grantor is hereby
authorized to post any notices or take any other action upon or with respect to the Premises that is or may
be permitted by Law to prevent the attachment of any such liens to any portion of the Premises, provided,
however, that failure of Grantor to take any such action shall not relieve Grantee of any obligation or liability
under this Section 10 or any other section of this Easement Agreement
Section 11 Tax Exchange. Grantor may assign its rights (but not its obligations) under this Easement
Agreement to Goldfinch Exchange Company LLC, an exchange intermediary, in order for Grantor to effect
an exchange under Section 1031 of the Internal Revenue Code. In such event, Grantor shall provide
Grantee with a Notice of Assignment, attached as Exhibit C, and Grantee shall execute an
acknowledgement of receipt of such notice.
Section 12 Notices. Any notice required or permitted to be given hereunder by one party to the other
shall be delivered in the manner set forth in the C&M Agreement. Notices to Grantor under this Easement
shall be delivered to the following address: BNSF Railway Company, Real Estate Department, 2501 Lou
Menk Drive, Ft. Worth, TX 76131, Attn: Real Estate, or such other address as Grantor may from time to time
direct by notice to Grantee.
Section 13 Recordation. It is understood and agreed that this Easement Agreement shall not be in
recordable form and shall not be placed on public record and any such recording shall be a breach of this
Easement Agreement. Grantor and Grantee shall execute a Memorandum of Easement in the form
attached hereto as Exhibit "B" (the "Memorandum of Easement") subject to changes required, if any, to
conform such form to local recording requirements. The Memorandum of Easement shall be recorded in
the real estate records in the county where the Premises are located. If a Memorandum of Easement is not
executed by the parties and recorded as described above within 30 days of the Effective Date, Grantor
shall have the right to terminate this Easement Agreement upon notice to Grantee.
Section 14 Miscellaneous.
14.1 All questions concerning the interpretation or application of provisions of this Easement
Agreement shall be decided according to the substantive Laws of the State of Washington without regard to
conflicts of law provisions.
14.2 In the event that Grantee consists of two or more parties, all the covenants and agreements
of Grantee herein contained shall be the joint and several covenants and agreements of such parties. This
instrument and all of the terms, covenants and provisions hereof shall inure to the benefit of and be binding
upon each of the parties hereto and their respective legal representatives, successors and assigns and
shall run with and be binding upon the Premises.
14.3 If any action at law or in equity is necessary to enforce or interpret the terms of this
Easement Agreement, the prevailing party or parties shall be entitled to reasonable attorneys' fees, costs
and necessary disbursements in addition to any other relief to which such party or parties may be entitled.
14.4 If any provision of this Easement Agreement is held to be illegal, invalid or unenforceable
under present or future Laws, such provision will be fully severable and this Easement Agreement will be
construed and enforced as if such illegal, invalid or unenforceable provision is not a part hereof, and the
remaining provisions hereof will remain in full force and effect. In lieu of any illegal, invalid or unenforceable
provision herein, there will be added automatically as a part of this Easement Agreement a provision as
similar in its terms to such illegal, invalid or unenforceable provision as may be possible and be legal, valid
and enforceable.
14.5 This Easement Agreement is the full and complete agreement between Grantor and
Grantee with respect to all matters relating to Grantee's use of the Premises and supersedes any and all
other agreements between the parties hereto relating to Grantee's use of the Premises as described herein.
However, nothing herein is intended to terminate any surviving obligation of Grantee or Grantee's obligation
to defend and hold Grantor harmless in any prior written agreement between the parties.
14.6 Time is of the essence for the performance of this Easement Agreement.
ADMINISTRATIVE FEE
15. Grantee acknowledges that a material consideration for this agreement, without which it
would not be made, is the agreement between Grantee and Grantor, that the Grantee shall pay upon return
of this Agreement signed by Grantee to Grantor's Broker a processing fee in the amount of$2,500.00 over
and above the agreed upon Acquisition Price. Said fee shall be made payable to BNSF Railway Company
by a separate check.
Witness the execution of this Easement Agreement as of the date first set forth above.
GRANTOR:
BNSF RAILW 7, 01VIPANY, Delaware corporation
n By.
Name: Fer 's
Title: Director Righ —at—Way and
Real Estate Management
GRANTEE:
CITY OF KENT, a municipal co ion
By:
Name: Dana Ral h
Title: Ma or
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EXHIBIT A-1
BNRR EASEMENT CROSSINGS
250' STREET CROSSING
THAT PORTION OF THE 100 FOOT WIDE BURLINGTON NORTHERN RAILROAD RIGHT OF WAY IN
THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 25, TOWNSHIP 22
NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON, LYING WITHIN A STRIP OF LAND
50.00 FEET IN WIDTH, 35 FEET NORTHERLY AND 15 FEET SOUTHERLY OF THE FOLLOWING
DESCRIBED CENTERLINE:
COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 25: THENCE ALONG THE EAST
LINE THEREOF, S00°35'56"W 864,05 FEET TO THE RIGHT OF WAY CENTERLINE OF SOUTH 259TH
STREET; THENCE ALONG SAID CENTERLINE, N89°40'49"W 1135,61 FEET TO THE EAST LINE OF
SAID BURLINGTON NORTHERN 100 FOOT RIGHT OF WAY AND THE BEGINNING OF SAID LINE
DESCRIPTION; THENCE CONTINUING N89°40'49"W 100.00 FEET TO THE TERMINUS OF THE
HEREIN DESCRIBED LINE.
CONTAINING 5,000 SQUARE FEET, MORE OR LESS.
TITUS STREET CROSSING
THAT PORTION OF THE BURLINGTON NORTHERN RAILROAD RIGHT OF WAY LYING WITHIN A
66.00 FOOT STRIP OF LAND BEING THE WESTERLY EXTENSION OF THE NORTHERLY AND
SOUTHERLY MARGINS OF TITUS STREET AS SHOWN ON WASHINGTON CENTRAL
IMPROVEMENT CO'S FIRST ADDITION, ACCORDING TO THE PLAT THEREOF, RECORDED IN
VOLUME 3 OF PLATS, PAGE 97, RECORDS OF KING COUNTY, LOCATED IN THE SOUTHEAST
QUARTER OF THE NORTHEAST QUARTER OF SECTION 24, TOWNSHIP 22 NORTH, RANGE 4
EAST, W.M., IN KING COUNTY, WASHINGTON
CONTAINING 9,143 SQUARE FEET, MORE OR LESS.
GOWE STREET CROSSING
THAT PORTION OF THE BURLINGTON NORTHERN RAILROAD RIGHT OF WAY LYING WITHIN A
66.00 FOOT STRIP OF LAND BEING THE WESTERLY EXTENSION OF THE NORTHERLY AND
SOUTHERLY MARGINS OF GOWE STREET AS SHOWN ON WASHINGTON CENTRAL
IMPROVEMENT CO'S FIRST ADDITION, ACCORDING TO THE PLAT THEREOF, RECORDED IN
VOLUME 3 OF PLATS, PAGE 97, RECORDS OF KING COUNTY, LOCATED IN THE SOUTHEAST
QUARTER OF THE NORTHEAST QUARTER OF SECTION 24, TOWNSHIP 22 NORTH, RANGE 4
EAST, W.M., IN KING COUNTY, WASHINGTON
CONTAINING 17,124 SQUARE FEET, MORE OR LESS.
MEEKER STREET CROSSING
THAT PORTION OF THE BURLINGTON NORTHERN RAILROAD RIGHT OF WAY LYING WITHIN A
66.00 FOOT STRIP OF LAND BEING THE WESTERLY EXTENSION OF THE NORTHERLY AND
SOUTHERLY MARGINS OF MEEKER STREET AS SHOWN ON WASHINGTON CENTRAL
IMPROVEMENT CO'S FIRST ADDITION, ACCORDING TO THE PLAT THEREOF, RECORDED IN
VOLUME 3 OF PLATS, PAGE 97, RECORDS OF KING COUNTY, LOCATED IN THE SOUTHEAST
QUARTER OF THE NORTHEAST QUARTER OF SECTION 24, TOWNSHIP 22 NORTH, RANGE 4
EAST, W.M., IN KING COUNTY, WASHINGTON
CONTAINING 16,848 SQUARE FEET, MORE OR LESS.
212'" STREET CROSSING
THAT PORTION OF THE 100 FOOT WIDE BURLINGTON NORTHERN RAILROAD RIGHT OF WAY
LYING WITHIN A STRIP OF LAND BEING NORTHERLY 30.00 FEET AND SOUTHERLY 30.00 FEET
DISTANT OF THE O'BRIEN - DES MOINES RD. LINE SURVEY NO. 1581A AS SHOWN ON KING
COUNTY MAP NO. 36-17A "O'BRIEN - DES MOINES RD. (PERMANENT HIGHWAY NO. 24)" SHEET 1
OF 2 SHEETS, APPROVED 2/21/1921, LOCATED IN THE WEST HALF OF THE NORTHEAST
QUARTER OF SECTION 12, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY,
WASHINGTON
CONTAINING 6,059 SQUARE FEET, MORE OR LESS.
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IMPORTANT:
THIS IS NOT A SURVEY. IT IS FURNISHED 259TH ST
AS A CONVENIENCE TO LOCATE THE PORTION OF BNRR EASEMENT CROSSING
LAND INDICATED HEREON WITH THE NE 114 OF THE NE 114
REFERENCE TO STREETS AND OTHER OF SEC 25,TOWNSHIP 22 N. KENT DRAWN BY: GM
LAND.NO LIABILITY IS ASSUMED BY RANGE 4 E,W.M. w EXHIBIT
REASON OF RELIANCE HEREON. CITY OF KENT SCALE: 1"=54'
LAND SURVEY SECTION DATE: 02/10/2023
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IMPORTANT:
THIS IS NOT A SURVEY_IT IS FURNISHED TITUS ST
AS A CONVENIENCE TO LOCATE THE PORTION OF BNRR EASEMENT CROSSING
LAND INDICATED HEREON WITH THE SE 1/4 OF THE NE 114
REFERENCE TO STREETS AND OTHER OF SEC 24,TOWNSHIP 22 N, KENT DRAWN BY: GM
LAND.NO LIABILITY IS ASSUMED BY RANGE 4 E,W.M. CITY"OF KENT SCALE: 1"=59""'""" EXHIBIT
REASON OF RELIANCE HEREON_ LAND SURVEY SECE'ION DATE: 02/08/2023
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IMPORTANT:
THIS IS NOT SURVEY,IT IS FURNISHED GOWE ST
AS A CONVENIENCE TO LOCATE THE PORTION Of BNRR EASEMENT CROSSING
LAND INDICATED HEREON WITH THE SE 114 OF THE NE 1/4
REFERENCE TO STREETS AND OTHER OF SEC 24,TOWNSHIP 22 N, KENT DRAWN BY: GM
LAND.NO LIABILITY IS ASSUMED BY RANGE 4 E,W.M. WA8NtN&?6ft EXHIBIT.
REASON OF RELIANCE HEREON_ CITY OF KENT SCALE: 1"=50'
LAND SURVEY SECTION DATE: 02/07/2023
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THIS IS NOT A SURVEY.IT IS FURNISHED MEEKER ST
AS A CONVENIENCE TO LOCATE THE PORTION OF BNRR EASEMENT CROSSING
LAND INDICATED HEREON WITH THE SE 114 OF THE NE 114
REFERENCE TO STREETS AND OTHER OF SEC 24,TOWNSHIP 22 N, KENT DRAWN BY: GM
LAND.NO LIABILITY IS ASSUMED BY RANGE 4 E>W.M. CITYwOFlKENT SCALE: 1"=50' EXHIBIT
REASON OF RELIANCE HEREON. LAND SURVEY SECTION DATE: 02/07/2023
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\__`--------`� 30.00' O'BRIEN - DES MOINES RD. LINE SURVEY NO. 1581A
DATED FEBRUARY 21, 1921, SHEET 1 OF 2
- _ 100,
6,059 SQ. FT L30.00. S 212TH ST
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IMPORTANT:
THIS IS NOT A SURVEY.IT IS FURNISHED 212TH ST
AS A CONVENIENCE TO LOCATE THE PORTION OF BNRR EASEMENT CROSSING
LAND INDICATED HEREON WITH THE W 112 OF THE NE 1/4
REFERENCE TO STREETS AND OTHER OF SEC 12,TOWNSHIP 22 N, KEHT DRAWN BY: GIN
LAND.NO LIABILITY IS ASSUMED BY RANGE 4 E,W.M. Cl ry OF KENT SCALE: 1"=75' EXHIBIT
REASON OF RELIANCE HEREON. LAND SURVEY SECTION DATE: 02/07/2023
EXHIBIT "B"
MEMORANDUM OF EASEMENT
MEMORANDUM OF EASEMENT
THIS MEMORANDUM OF EASEMENT is hereby executed this day
of , 2023, by and between BNSF RAILWAY COMPANY, a Delaware corporation
("Grantor"), whose address for purposes of this instrument is 2500 Lou Monk Drive, Fort Worth, Texas
76131, and THE CITY OF KENT, a municipal corporation Grantee"), whose address for purposes of this
instrument is 220 41h Avenue S., Kent, WA 98032, 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
described and illustrated on Exhibit "A-V attached hereto and incorporated herein by reference (the
"Premises');
WHEREAS, Grantor and Grantee entered into an Easement Agreement, dated
, 2023 (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.
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: Dean Ferris
Title: Director Right-of-Way and
Real Estate Management
STATE OF TEXAS §
§
COUNTY OF TARRANT §
This instrument was acknowledged before me on the day of 2023, by Dean
Ferris as Director Right-of-Way and Real Estate Management of BNSF RAILWAY COMPANY, a Delaware
corporation.
Notary Public
My appointment expires:
(Seal)
GRANTEE:
CITY OF KENT, a municipal corporation
By:
Name:
Title:
STATE OF §
§
COUNTY OF §
This instrument was acknowledged before me on the day of 20_, by
(name) as (title)of
, a
Notary Public
My appointment expires:
(Seal)
EXHIBIT A-1
BNRR EASEMENT CROSSINGS
259LH STREET CROSSING
THAT PORTION OF THE 100 FOOT WIDE BURLINGTON NORTHERN RAILROAD RIGHT OF WAY IN
THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 25, TOWNSHIP 22
NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON, LYING WITHIN A STRIP OF LAND
50.00 FEET IN WIDTH, 35 FEET NORTHERLY AND 15 FEET SOUTHERLY OF THE FOLLOWING
DESCRIBED CENTERLINE:
COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 25; THENCE ALONG THE EAST
LINE THEREOF, S00°35'56"W 864.05 FEET TO THE RIGHT OF WAY CENTERLINE OF SOUTH 2591"
STREET; THENCE ALONG SAID CENTERLINE, N89"40'49"W 1135.61 FEET TO THE EAST LINE OF
SAID BURLINGTON NORTHERN 100 FOOT RIGHT OF WAY AND THE BEGINNING OF SAID LINE
DESCRIPTION; THENCE CONTINUING N89°40'49"W 100.00 FEET TO THE TERMINUS OF THE
HEREIN DESCRIBED LINE.
CONTAINING 5,000 SQUARE FEET, MORE OR LESS,
TITUS STREET CROSSING
THAT PORTION OF THE BURLINGTON NORTHERN RAILROAD RIGHT OF WAY LYING WITHIN A
66.00 FOOT STRIP OF LAND BEING THE WESTERLY EXTENSION OF THE NORTHERLY AND
SOUTHERLY MARGINS OF TITUS STREET AS SHOWN ON WASHINGTON CENTRAL
IMPROVEMENT CO'S FIRST ADDITION, ACCORDING TO THE PLAT THEREOF, RECORDED IN
VOLUME 3 OF PLATS, PAGE 97, RECORDS OF KING COUNTY, LOCATED IN THE SOUTHEAST
QUARTER OF THE NORTHEAST QUARTER OF SECTION 24, TOWNSHIP 22 NORTH, RANGE 4
EAST, W.M., IN KING COUNTY, WASHINGTON
CONTAINING 9,143 SQUARE FEET, MORE OR LESS.
GOWE STREET CROSSING
THAT PORTION OF THE BURLINGTON NORTHERN RAILROAD RIGHT OF WAY LYING WITHIN A
66.00 FOOT STRIP OF LAND BEING THE WESTERLY EXTENSION OF THE NORTHERLY AND
SOUTHERLY MARGINS OF GOWE STREET AS SHOWN ON WASHINGTON CENTRAL
IMPROVEMENT CO'S FIRST ADDITION, ACCORDING TO THE PLAT THEREOF, RECORDED IN
VOLUME 3 OF PLATS, PAGE 97, RECORDS OF KING COUNTY, LOCATED IN THE SOUTHEAST
QUARTER OF THE NORTHEAST QUARTER OF SECTION 24, TOWNSHIP 22 NORTH, RANGE 4
EAST, W.M., IN KING COUNTY, WASHINGTON
CONTAINING 17,124 SQUARE FEET, MORE OR LESS.
MEEKER STREET CROSSING
THAT PORTION OF THE BURLINGTON NORTHERN RAILROAD RIGHT OF WAY LYING WITHIN A
66.00 FOOT STRIP OF LAND BEING THE WESTERLY EXTENSION OF THE NORTHERLY AND
SOUTHERLY MARGINS OF MEEKER STREET AS SHOWN ON WASHINGTON CENTRAL
IMPROVEMENT CO'S FIRST ADDITION, ACCORDING TO THE PLAT THEREOF, RECORDED IN
VOLUME 3 OF PLATS, PAGE 97, RECORDS OF KING COUNTY, LOCATED IN THE SOUTHEAST
QUARTER OF THE NORTHEAST QUARTER OF SECTION 24, TOWNSHIP 22 NORTH, RANGE 4
EAST, W.M., IN KING COUNTY, WASHINGTON
CONTAINING 16,848 SQUARE FEET, MORE OR LESS.
212T" STREET CROSSING
THAT PORTION OF THE 100 FOOT WIDE BURLINGTON NORTHERN RAILROAD RIGHT OF WAY
LYING WITHIN A STRIP OF LAND BEING NORTHERLY 30.00 FEET AND SOUTHERLY 30.00 FEET
DISTANT OF THE O'BRIEN - DES MOINES RD, LINE SURVEY NO. 1581A AS SHOWN ON KING
COUNTY MAP NO. 36-17A"O'BRIEN - DES MOINES RD. (PERMANENT HIGHWAY NO. 24)" SHEET 1
OF 2 SHEETS, APPROVED 2121/1921, LOCATED IN THE WEST HALF OF THE NORTHEAST
QUARTER OF SECTION 12, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY,
WASHINGTON
CONTAINING 6,059 SQUARE FEET, MORE OR LESS.
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IMPORTANT:
THIS IS NOT SURVEY. IT IS FURNISHED 259TH ST
AS A CONVENIENCE TO LOCATE THE PORTION OF BNRR EASEMENT CROSSING
LAND INDICATED HEREON WITH THE NE 114 OF THE.NE 114
REFERENCE TO STREETS AND OTHER OF SEC 25,TOWNSHIP 22 N, KENT DRAWN BY: GM
LAND.NO LIABILITY IS ASSUMED BY RANGE 4 E,W.M. w"'"'°°'°" EXHIBIT
CITY OF KENT SCALE: 1°=50'
REASON OF RELIANCE HEREON. LAND SURVEY SECTION DATE: 02/10/2023
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9,143 SQ. FT
TITUS ST
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IMPORTANT:
THIS IS NOT A SURVEY. IT IS FURNISHED TITUS ST
AS A CONVENIENCE TO LOCATE THE PORTION OF BNRR EASEMENT CROSSING
LAND INDICATED HEREON WITH THE SE 114 OF THE NE 114
REFERENCE TO STREETS AND OTHER OF SEC 24,TOWNSHIP 22 N, KENT DRAWN 8Y: GM
LAND.NO LIABILITY IS ASSUMED BY RANGE 4 E,W.M. �••M��aro■ EXHIBIT
REASON OF RELIANCE HEREON. CITY OF KENT SCALE: 1"=50'
LAND SURVEY SECTION DATE: 02/08/2023
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IMPORTANT:
THIS IS NOT SURVEY.IT IS FURNISHED GOWE ST
AS A CONVENIENCE TO LOCATE THE PORTION OF BNRR EASEMENT CROSSING
LAND INDICATED HEREON WITH THE SE 114 OF THE NE 114
REFERENCE TO STREETS AND OTHER OF SEC 24,TOWNSHIP 22 N, KENT DRAWN BY: GM
LAND.NO LIABILITY IS ASSUMED BY RANGE 4 E,W.M. " "`"q" IT" EXHIB
REASON OF RELIANCE HEREON. CITY "OF KENT SCALE: 1°=50'
LAND SURVEY SECTION DATE: 02/07/2023
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MEEKER ST
66.00'
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IMPORTANT:
THIS IS NOT A SURVEY. IT IS FURNISHED MEEKER ST
AS A CONVENIENCE TO LOCATE THE PORTIOM OF BNRR EASEMENT CROSSING
LAND INDICATED HEREON WITH THE SE 1/4 OF THE NE 114
REFERENCE TO STREETS AND OTHER OF SEC 24,TOWNSHIP 22 N. KENT DRAWN BY: GM
LAND.NO LIABILITY IS ASSUMED BY RANGE 4 E,W.M. CITY OF�KENT SCALE: 1"=50' EXHIBIT
REASON OF RELIANCE HEREON. LANID SURVEY SECTION DATE: 02107/2023
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-------'� 30.80' O'BRIEN-DES MOINES RD. LINE SURVEY NO. 1581A
1 DATED FEBRUARY 21, 1921, SHEET 1 OF 2
~^_ _ 104'
6,059 SQ. FT _ ` 30.00' S 212TH ST
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IMPORTANT:
THIS IS NOT SURVEY.1T IS FURNISHED 212TH ST
AS A CONVENIENCE TO LOCATE THE PORTION OF BNRR EASEMENT CROSSING
LAND INDICATED HEREON WITH THE W 1/2 OF THE NE 114
REFERENCE TO STREETS AND OTHER OF SEC 12,TOWNSHIP 22 N, KENT DRAWN BY: GM
LAND.NO LIABILITY IS ASSUMED BY RANGE 4 E,W.M. wwi EXHIBIT
CITY OF KENT SCALE: 1"=75'
REASON OF RELIANCE HEREON. LAND SURVEY SECTION DATE: D210712023
MEMORANDUM OF EASEMENT
TJJ!S MEMORANDUM OF EASEMENT is hereby executed this day
of ,,1_GC At, _, 2023, 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 THE CITY OF KENT, a municipal corporation Grantee"), whose address for purposes of this
instrument is 220 41' Avenue S , Kent, WA 98032, 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
described and illustrated on Exhibit "A-V attached hereto and incorporated herein by reference (the
"Premises');
WHEREAS, Grantor and Grantee entered into an Easement Agreement, dated
-. --c h .e 2- 1 , 2023 (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.
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: U \
Name: can rris
Title: Di et;or jcjht-of-W and
Real EstateVan ement
STATE OF TEXAS §
COUNTY OF TARRANT § f
This instrument was acknowledged before me on the �- day of 2023, by Dealt
Ferris as Director Right-of-Way and Real Estate Management of BNSF RAILWAY COMPANY, a Delaware
corporation.
tary Public
My appointment expires: �-
(Seal)
ra#�xY��ar RHONDA BURTON
H N N°tary ID 03474626
My Commission Expires
S Ptember 21,2024
GRANTEE:
CITY OF KENT, a municipal corporation
By: �Ll A
Name: Dana Ral h
Title: Mayor
STATE OF WASHINGTON §
COUNTY OF KING §
This instrument was acknowledged before me on the1, day of April, 2023, by Dana Ralph as Mayor of
the City of Kent, a Washington municipal corporation.
T + i,r� X Notary Public
A.
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2Z00014� a=
N;A My appointment expires:
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EXHIBIT A-1
BNRR EASEMENT CROSSINGS
259LH-STREET CROSSING
THAT PORTION OF THE 100 FOOT WIDE BURLINGTON NORTHERN RAILROAD RIGHT OF WAY IN
THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 25, TOWNSHIP 22
NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON, LYING WITHIN A STRIP OF LAND
50.00 FEET IN WIDTH, 35 FEET NORTHERLY AND 15 FEET SOUTHERLY OF THE FOLLOWING
DESCRIBED CENTERLINE:
COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 25; THENCE ALONG THE EAST
LINE THEREOF, S00°35'56"W 864.05 FEET TO THE RIGHT OF WAY CENTERLINE OF SOUTH 259TH
STREET; THENCE ALONG SAID CENTERLINE, N89°40'49"W 1135.61 FEET TO THE EAST LINE OF
SAID BURLINGTON NORTHERN 100 FOOT RIGHT OF WAY AND THE BEGINNING OF SAID LINE
DESCRIPTION; THENCE CONTINUING N89°40'49"W 100.00 FEET TO THE TERMINUS OF THE
HEREIN DESCRIBED LINE.
CONTAINING 5,000 SQUARE FEET, MORE OR LESS.
TITUS STREET CROSSING
THAT PORTION OF THE BURLINGTON NORTHERN RAILROAD RIGHT OF WAY LYING WITHIN A
66.00 FOOT STRIP OF LAND BEING THE WESTERLY EXTENSION OF THE NORTHERLY AND
SOUTHERLY MARGINS OF TITUS STREET AS SHOWN ON WASHINGTON CENTRAL
IMPROVEMENT CO'S FIRST ADDITION, ACCORDING TO THE PLAT THEREOF, RECORDED IN
VOLUME 3 OF PLATS, PAGE 97, RECORDS OF KING COUNTY, LOCATED IN THE SOUTHEAST
QUARTER OF THE NORTHEAST QUARTER OF SECTION 24, TOWNSHIP 22 NORTH, RANGE 4
EAST, W,M., IN KING COUNTY, WASHINGTON
CONTAINING 9,143 SQUARE FEET, MORE OR LESS.
GOWE STREET CROSSING
THAT PORTION OF THE BURLINGTON NORTHERN RAILROAD RIGHT OF WAY LYING WITHIN A
66.00 FOOT STRIP OF LAND BEING THE WESTERLY EXTENSION OF THE NORTHERLY AND
SOUTHERLY MARGINS OF GOWE STREET AS SHOWN ON WASHINGTON CENTRAL
IMPROVEMENT CO'S FIRST ADDITION, ACCORDING TO THE PLAT THEREOF, RECORDED IN
VOLUME 3 OF PLATS, PAGE 97, RECORDS OF KING COUNTY, LOCATED IN THE SOUTHEAST
QUARTER OF THE NORTHEAST QUARTER OF SECTION 24, TOWNSHIP 22 NORTH, RANGE 4
EAST, W.M., IN KING COUNTY, WASHINGTON
CONTAINING 17,124 SQUARE FEET, MORE OR LESS.
MEEKER STREET CROSSING
THAT PORTION OF THE BURLINGTON NORTHERN RAILROAD RIGHT OF WAY LYING WITHIN A
66.00 FOOT STRIP OF LAND BEING THE WESTERLY EXTENSION OF THE NORTHERLY AND
SOUTHERLY MARGINS OF MEEKER STREET AS SHOWN ON WASHINGTON CENTRAL
IMPROVEMENT CO'S FIRST ADDITION, ACCORDING TO THE PLAT THEREOF, RECORDED IN
VOLUME 3 OF PLATS, PAGE 97, RECORDS OF KING COUNTY, LOCATED IN THE SOUTHEAST
QUARTER OF THE NORTHEAST QUARTER OF SECTION 24, TOWNSHIP 22 NORTH, RANGE 4
EAST, W.M., IN KING COUNTY, WASHINGTON
CONTAINING 16,848 SQUARE FEET, MORE OR LESS.
212"" STREET CROSSING
THAT PORTION OF THE 100 FOOT WIDE BURLINGTON NORTHERN RAILROAD RIGHT OF WAY
LYING WITHIN A STRIP OF LAND BEING NORTHERLY 30.00 FEET AND SOUTHERLY 30.00 FEET
DISTANT OF THE O'BRIEN - DES MOINES RD. LINE SURVEY NO. 1581A AS SHOWN ON KING
COUNTY MAP NO. 36-17A"O'BRIEN - DES MOINES RD (PERMANENT HIGHWAY NO. 24)" SHEET 1
OF 2 SHEETS, APPROVED 2/21/1921, LOCATED IN THE WEST HALF OF THE NORTHEAST
QUARTER OF SECTION 12, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY,
WASHINGTON
CONTAINING 6,059 SQUARE FEET, MORE OR LESS.
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IMPORTANT:
THIS IS NOT A SURVEY.IT IS FURNISHED 259TH ST
AS A CONVENIENCE TO LOCATE THE PORTION OF BNRR EASEMENT CROSSING
LAND INDICATED HEREON WITH THE NE 114 OF THE NE 1/4
REFERENCE TO STREETS AND OTHER OF SEC 25,TOWNSHIP 22 N, KENT Dlxawnr BY: CM
LAND.NO LIABILITY IS ASSUMED BY RANGE 4 E,W.M. W�YNIY EXHIBIT
CITY OF KENT SCALE: 1"=50'
REASON OF RELIANCE HEREON. LAND SURVEY SECTION DATE: 02I10l2023
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9,143 SQ. FT
TITUS ST
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IMPORTANT:
THIS IS NOT A SURVEY_IT IS FURNISHED TITUS ST
AS A CONVENIENCE TO LOCATE THE PORTION OF BNRR EASEMENT CROSSING
LAND INDICATED HEREON WITH THE SE 114 OF THE NE 114
REFERENCE TO STREETS AND OTHER OF SEC 24,TOWNSHIP 22 N, KENT DRAWN BY: GM
LAND.NO LIABILITY IS ASSUMED BY RANGE 4 E,W.M. GI'I`1' OF NKENT SCALE: i"=50' EXHIBIT
REASON OF RELIANCE HEREON. LAND SURVEY SECTION DATE: 02/08/2023
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66.00' GOWE ST
IMPORTANT:
THIS IS NOT A SURVEY.IT IS FURNISHED GQWE ST
AS A CONVENIENCE TO LOCATE THE PORTION OF BNRR EASEMENT CROSSING
LAND INDICATED HEREON WITH THE SE 114 OF THE NE 114
REFERENCE TO STREETS AND OTHER OF SEC 24,TOWNSHIP 22 N, (KENT DRAWN BY: GM
LAND.NO LIABILITY IS ASSUMED BY RANGE 4 E,W.M. """""°' EXHIBIT
REASON OF RELIANCE HEREON. CITY OF KENT SCALE: 1" 50'
LAND SURVEY SECTION DATE: 02107/2023
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MEEKER ST
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THIS IS NOT A SURVEY_IT IS FURNISHED MEEKER ST
AS A CONVENIENCE TO LOCATE THE PORTION OF BNRR EASEMENT CROSSING
LAND INDICATED HEREON WITH THE SE 114 OF THE NE 114
REFERENCE TO STREETS AND OTHER OF SEC 24,TOWNSHIP 22 N. KENT DRAWN BY: GM
LAND.NO LIABILITY IS ASSUMED BY RANGE 4 E,W.M. CITYwQF•ICENT SCALE: 1"=50'evesEXHIBIT
REASON OF RELIANCE HEREON. LAND SURVEY SECTION DATE: 02/07l2023
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`----� '� 30.00' O'BRIEN — DES MOINES RD. LINE SURVEY NO. 1581A
DATED FEBRUARY 21, 1921, SHEET 1 OF 2
100,
6,059 5Q. FT 1 30.00' S 212TH ST
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THIS IS NOT A SURVEY.IT IS FURNISHED 212TH ST
AS A CONVENIENCE TO LOCATE THE PORTION OF BNRR EASEMENT CROSSING
LAND INDICATED HEREON WITH THE W 112 OF THE NE 114
REFERENCE TO STREETS AND OTHER OF SEC 12,TOWNSHIP 22 N, KENT DRAWN BY: GM
LAND.NO LIABILITY IS ASSUMED BY RANGE 4 E,W.M. CITYwOFMKENT SCALE: 1"=75' EXHIBIT
REASON OF RELIANCE HEREON. LAND SURVEY SECTION
PATE: 02I0712023