BNSF Railway Company 8/29/2016 - Laserfiche WebLink

GRANTOR: BNSF RAILWAY COMPANY GRANTEE: THE CITY OF EVERETT Abbreviated Legal Description: Ptn. SW1/4, SEY4, Sec. 18, T29N, R5E, W.M. Assessor Property Tax Parcel Account Numbers: MEMORANDUM OF EASEMENT THIS MEMORANDUM OF EASEMENT is hereby executed this :,{,�V day of ,S( )t< /rl��°�" 2016, 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 EVERETT, a political subdivision of the State of Washington ("Grantee"), whose address for purposes of this instrument is 3200 Cedar Street, Everett, Washington 98201, 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 Snohomish County, Washington, described on Exhibit "Al" attached hereto and incorporated herein by reference (the "Premises'); WHEREAS, Grantor and Grantee entered into an Easement Agreement, dated 7-(131 h �' o�2- , 2016 (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 C�w` i b Page 1 of 5