6949045 Easement, Memorandum of: BNSF Railway Company 07/29/2020 02:08:49 PM 6949045
Recording Fee $107.50 Page 1 of 5
Easement GOVERNMENT, CITY OF SPQKANE VALLEY
Spokane County Washington
1111I11111111IIIlllllL111111llllllllllI111III111111IIIIll111lilIIIIIII _ _---
RETURN NAME and ADDRESS
City of Spokane Valley, City Clerk
10210 E. Sprague Avenue
Spokane Valley,WA 99206 -
Please Type or Print Neatly and Clearly All Information
Document Title(s)
Memorandum of Easement
Reference Number(s) of Related Documents
Grantor(s) (Last Name,First Name,Middle Initial)
BNSF Railway Company
Grantee(s) (Last Name,First Name,Middle Initial)
City of Spokane Valley
Legal Description (Abbreviated form is acceptable,i.e.Section/Township/Range/Qtr Section or Lot/Block/Subdivision)
A portion of Government Lot 4,NW 1/4 of Section 5 and Government Lot 1,NE
1/4 of Section 6,Township 25 North,Range 45 East, W.M.
Assessor's Tax Parcel ID Number N/A
The County Auditor will rely on the information provided on this form. The Staff will not read the document
to verify the accuracy and completeness of the indexing information provided herein.
Sign below only if your document is Non-Standard.
I am requesting an emergency non-standard recording for an additional fee as provided in RCW 36.18.010.
I understand that the recording processing requirements may cover up or otherwise obscure some parts of
the text of the original document. Fee for non-standard processing is$50.
Signature of Requesting Party
R.E.Excise Tax Exempt
Date --plIVAD 20
Spokane CoountyTrTreas.
By L�-
MEMORANDUM OF EASEMENT
MEMORANDUM OF EASEMENT
HIS MEMORANDUM OF EASEMENT is hereby executed this o A041 day
of , 2020, by and between BNSF RAILWAY COMPANY, a Delaware
corporation (" ntor"), whose address for purposes of this instrument is 2500 Lou Menk Drive,
Fort Worth, Texas 76131, and the CITY OF SPOKANE VALLEY a municipal corporation of the
State of Washington whose address for purposes of this instrument is 10210 E. Sprague Ave.,
Spokane Valley, WA 99206, 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 Spokane County,
Washington as described on Exhibit "A-1" attached hereto and incorporated herein by reference
(the"Premises');
HEREAS, Grantor and Grantee entered into an Easement Agreement, dated
2 Z. , 2020 (the "Easement Agreement") which set forth, among
other things, e 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: Z61140 4LK
Name: Blaine Bilderback
Title: Director Real Estate
STATE OF TEXAS §
COUNTY OF TARRANT §
This instrument was acknowledged before me on the 22-N day of , 2020,
by Blaine Bilderback as Director Real Estate of BNS RAILWAY COMPANW a Delaware
corporation.
of ry Public
My ppointment expires: /Z//ld Zd
(Seal)
qbahishabardimahifte
RHONDA BURTON
;°!..40•11, Notary ID#3474626 0
stij ,k My Commission Expires 0
4 - 'eof September 21,2020
2
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GRANTEE:
THE CITY OF SPOKANE VALLEY a municipal
corporation of t e tate of s ' on
By:
Name: G
Title: Cat GAG i��E�
STATE OF i P §
§
COUNTY OF §
This instrument was acknowledged before me on the day of Nrt�L
20220,�by �\ '\ %s�w�- Q--�`c( , (name) as
y��' (title) of - e"F" Spc ,���-ems a
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0 g10N h�e�.:40
�.4- *OS'4Ry ' 's Notary Public
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i A �,, AuB�� ,� My appointment expi -res:�% �-�
(Seal)
5
Exhibit "A-1"
REFERENCE:Parcel•BNSF.COSV Easement'ltotalareal
All that portion of Government Lot 4,Section 5 and Government Lot 1,Section 6,all in Township 25
North,Range 45 East,Willamette Meridian more particularly described as follows:
Beginning at a point opposite Highway Engineer's Station(hereinafter referred to as HES)89+54.44 on
the BR line survey of SR 290,Barker Road intersection Vicinity and 102.00 feet westerly therefrom;
thence northerly to a point opposite HES BR 93+81.67 on said line survey and 100.92 feet westerly
therefrom;thence northeasterly to a point opposite HES BR 94+19.01 on said line survey and 127.47
feet easterly therefrom;thence southerly to a point opposite HES BR 90+22.66 on said line survey and
119.09 feet easterly therefrom;thence southwesterly to the Point of Beginning.
The lands herein described contain an area of 92,550.68 square feet,more or less,the specific details
concerning all of which are to be found on sheets 2 and 4 of that certain plan entitled SR 290,Barker
Road intersection Vicinity,now of record and on file In the office of the Secretary of Transportation at
Olympia,and bearing date of approval
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