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Home My WebLink AboutCAG2023-236 - Supplement - BNSF Railway Company - Recorded Memorandum of Easement - 06/21/2023 Instrument Number: 20230621000780 Document:EAS Rec: $212.50 Page-1 of 10 Record Date:612112023 4:01 PM Electronically Recorded King County, WA EXCISE TAX NOT REQUIRED BY HOLLY I MEMORANDUM OF EASEMENT MEMORANDUM OF EASEMENT is hereby executed this day Of , 2023, by and between SNSF 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 40, 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 -1 r� -e 7 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. Instrument Number: 20230621000780 Document:EAS Rec: $212.50 Page-2 of 10 Record Date:612112023 4:01 PM King County, WA 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: can rris Title: or ' ht-of-W and Real Estate ement STATE OF TEXAS § COUNTY OF TARRANT § f 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. tary Public My appointment expires: & (Seal) �1► RHONDA BURTOH Notary iD#3474626 .r MY COMMISMon Expires September 2 r,2024 Instrument Number: 20230621000780 Document:EAS Rec: $212.50 Page-3 of 10 Record Date:612112023 4:01 PM King County, WA GRANTEE: CITY OF KENT,a municipal corporation By: Name: Dana Ralph Title: Mayor STATE OF WASHINGTON § § COUNTY OF KING § This instrument was acknowledged before me on the AL day of April,2023,by Dana Ralph as Mayor of the City of Kent,a Washington municipal corporation. ,•��SI►D MC ;\%%%%jjj0 ?�! OPT +', �, Notary Public 22000Uj a 1 p=_ My appointment expires: 7j'b s?1tZ5 � (l+�,r OP a) jw'gN�``ti� Instrument Number: 20230621000780 Document:EAS Rec: $212.50 Page-4 of 10 Record Date:612112023 4:01 PM King County, WA EXHIBIT A-1 BNRR EASEMENT CROSSINGS 259IU 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 26; THENCE ALONG THE EAST LINE THEREOF, S00035'56"W 864.05 FEET TO THE RIGHT OF WAY CENTERLINE OF SOUTH 259TH STREET; THENCE ALONG SAID CENTERLINE, N89040'49"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 N89040'49"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. Instrument Number: 20230621000780 Document:EAS Rec: $212.50 Page-5 of 10 Record Date:612112023 4:01 PM King County, WA 212TH 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. � r N4,,,,wa,MN Instrument Number: 20230621000780 Document:EAS Rec: $212.50 Page-6 of 10 Record Date:612112023 4:01 PM King County, WA Ix W C 24 19 Z O 55 30 N z J P.O.C. I Project 123-3028 5,000 SQ.FT In 00 1135.61' 259TH ST T,P.O.B.--------------------------------- i I I 1 1 I I 1 I I 1 IMPORTANT' THIS IS NOT A SURVEY, I$FURNISHED 259TI"I. As L CROSSING CONVENIENCE TO LOCATE THE PORTION of BNRR EASEMENT CROSSIN LAND INDICATED HEREON WITH THE NE 7!4 OF THE NE 114 REFERENCE TO STREETS AND OTI{ER OF$EC 25,TOWNSHIP 22 N. IGEIIZT DRAWN BY' GM LAND.NO LIABILITY IS ASSUMED BY RANGE 4 E.W.M. '"""' EXHIBIT REASON OF RELIANCE 4EREON. CM OF TC SCALE: 1'(50' LAND$Vl2VEY$DCr10N PATE; 02l1012025 Instrument Number: 20230621000780 Document:EAS Rec: $212.50 Page-7 of 10 Record Date:612112023 4:01 PM King County, WA I I I z I I I 1 I I = I I I 1 1 1 c I 1W I I I Oa I I I z o°c I t o I I I I of I I Q I I0 I I U) I I z I I I I 1 l a I j r l Project#23-3028 9,143 SQ. FT TITUS ST I II II iI II I ! I r I I I � � I 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, IGENT DRAWN BY: GM LAND.NO LIABILITY IS ASSUMED BY RANGE 4 E.W.M. w""'"'T°' FJCtiIBR REASON OF RELIANCE HEREON. CITY OF KENT SCALE: 1'=501, LAND SURVEY SECTION DATE: 02/0812023 Instrument Number: 20230621000780 Document:EAS Rec: $212.50 Page-8 of 10 Record Date:612112023 4:01 PM King County, WA I I � zILI 4 l i = Z I W LU i 0O Q 1 N I + Z0 o a Ic~n , z0 o I I I -z I Project#23-3028 I I I I n 17,124 SO.FT 66.00' GOWE ST l I l i I I I IMPORTANT: THIS IS NOT A SURVEY.IT IS FURNISHED GOWE 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, DRAWN BY: GM LAND.NO LIABILITY IS ASSUMED BY RANGE 4 E.W-M. "^""•TO' REASON OF RELIANCE HEREON. CITY OF KENT SCALE: 1`=50, EXHIBIT CA LAND SURVEY SECTION I DATE: 000712n23 Instrument Number: 20230621000780 Document:EAS Rec: $212.50 Page-9 of 10 Record Date:612112023 4:01 PM King County, WA IZ I I = j Z I oaLU N I I l Zo a l jiW i o _j a I > I 0 1 I Q Project#23-3028 1ca I z J I MDisle"SO.FT MEEKER ST 66.00, IMPORTANT: 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 1/4 REFERENCE TO STREETS AND OTHER OF SEC 24,TOWNSHIP 22 N. DRAWN BY: GM LAND.NO LIABILITY IS ASSUMED BY RANGE 4 E.W.M. �KFrH'r EXHIBIT REASON OF RELIANCE HEREON. CITY OF KENT SCALE: v=50' LAND SURVEY SECTION IIATE7 02/07/2023 Instrument Number: 20230621000780 Document:EAS Rec: $212.50 Page-10 of 10 Record Date:612112023 4:01 PM King County, WA 0o � 7a 1l 1 ,m j Project 23-3028 1 1 —� ------------ `----��"� 30. 0' SDATED O'BRIEN- DES MOINES RD, LINE SURVEY NO. 1581A +l FEBRUARY 21, 1921, SHEET 1 OF 2 6,059 SO. FT I . r S 212TH ST 1 f 1 ti i 1 IMPORTANT: THIS IS NOT 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, IMNT DRAWN BY: GM LAND_NO LIABILITY IS ASSUMED BY RANGE 4 E.W.M. wA*r��—. EXNi81T REASON OF RELIANCE HEREON. CITY OF KENT SCALE: V-75' LAND SURVEY SECTION DATE 0=712023