HomeMy WebLinkAboutDoc. 2009-198 Memorandum of EasementDeschutes County Board of Commissioners
1300 NW Wall St., Suite 200, Bend, OR 97701 -1960
(541) 388 -6570 - Fax (541) 385 -3202 - www.deschutes.org
AGENDA REQUEST & STAFF REPORT
For Board Business Meeting of April 22, 2009
Please see directions for completing this document on the next page.
DATE: April 13, 2009
FROM: George Kolb Road Department 322 -7113
TITLE OF AGENDA ITEM:
Consideration of signature of Document No. 2009 -198, a Memorandum of Easement for the Deschutes
Market Road Overpass with Burlington Northern Santa Fe (BNSF) Railway Company for the easement
over the railroad tracks on the Deschutes Market Overcrossing project.
PUBLIC HEARING ON THIS DATE? NO.
BACKGROUND AND POLICY IMPLICATIONS:
Deschutes County is in the process of constructing the Deschutes Market Overcrossing project which
involves the construction of an overcrossing over the railroad tracks along with the closure of the
existing at -grade crossing. As a result of the installation of the overcrossing on the tracks, Deschutes
County is required by BNSF to obtain an easement over their right -of -way for the installation of the
Overcrossing. There are two documents required for this easement, one is the Easement Agreement
already signed by the Board and the other is this Memorandum of Easement that is to be attached to the
Easement Agreement. The Memorandum of Easement states that BNSF does grant unto Deschutes
County and Deschutes County does accept from BNSF the Easement over and across the BNSF right -
of -way. Per the easement agreement, Section 13, Recordation, "Grantor and Grantee shall execute a
Memoradum 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 10 days of the Effective Date, Grantor shall have the right to
terminate the Easement Agreement upon notice to Grantee ". Signature of the Memorandum of
Easement will satisfy the requirements in the Easement Agreement and will be attached as an Exhibit to
the Easement Agreement upon final signature by all parties.
FISCAL IMPLICATIONS:
None - any fiscal requirements have been covered by the Overpass Agreement and the Easement
Agreement
RECOMMENDATION & ACTION REQUESTED:
The Road Department recommends signature of Document No. 2009 -198, the Memorandum of
Easement
ATTENDANCE: George Kolb, County Engineer
Law Department Approved
After Recording Return To:
Deschutes County
61150 S.E. 27th St.
Bend, OR 97702
Memorandum of Easement
THIS MEMORANDUM OF EASEMENT is hereby executed this day of
2009, 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 DESCHUTES
COUNTY, an Oregon political subdivision ( "Grantee "), whose address for purposes of this instrument is
61150 SE 27th Street, Bend, Oregon 97712, 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 Deschutes County, Oregon
as described on Exhibit "A" attached hereto and incorporated herein by reference (the "Premises');
WHEREAS, Grantor and Grantee entered into an Easement Agreement, dated
2009 (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. 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.
Page 1 of 4
2009 -x,98
Law Department Approved
IN WITNESS WHEREOF, Grantor and Grantee have executed this Memorandum of Easement to
as of the date and year first above written.
STATE OF TEXAS
COUNTY OF TARRANT
§
§
§
GRANTOR:
BNSF RAILWAY COMPANY, a Delaware corporation
By:
Name:
Title:
This instrument was acknowledged before me on the day of , 2009, by
(name) as
(title) of BNSF RAILWAY COMPANY, a Delaware corporation.
Notary Public
(Seal)
My appointment expires:
Page 2 of 4
Law Department Approved
Witness:
GRANTEE:
DESCHUTES COUNTY, an Oregon political subdivision
By:
Name: Tammy Banev
Title: Chair
By:
Name: Dennis R. Luke
Reviewed, by Coun Coun I Title: Vice Chair
By:
Date: (- l6 - oq By:
Name: Alan Unger
Title: Commissioner
Attest:
Recording Secretary
Page 3 of 4
Law Department Approved
STATE OF
COUNTY OF
§
§
§
This instrument was acknowledged before me on the _ day of 2009, by
(name) as (title) of
,a
STATE OF
COUNTY OF
§
§
§
Notary Public
(Seal)
My appointment expires:
This instrument was acknowledged before me on the _ day of , 2009, by
(name) as (title) of
,a
STATE OF
COUNTY OF
§
§
§
Notary Public
(Seal)
My appointment expires:
This instrument was acknowledged before me on the _ day of , 2009, by
(name) as (title) of
a
Notary Public
(Seal)
My appointment expires:
Page 4 of 4
Exhibit "A"
Deschutes Junction Overcrossing Phase 2
New Tumalo Road /BNSF RR Overpass
A parcel of land located in the SE 1/4 SW 1/4 of Section 26, Township 16 South, Range
12 East, W.M., Deschutes County, Oregon, said parcel being a portion of that 100 foot
wide railroad corridor excepted out of the Correction Quitclaim Deed to Cascade Pumice
Inc., Grantee, by the Burlington Northern and Santa Fe Railway Company, Grantor,
recorded July 2, 2002 in Volume 2002 Page 36103 of Deschutes County Official Records,
and being more particularly described as follows:
Commencing at the brass disk monumenting the West 1/4 corner of said Section
26; thence along the west line of said Section 26 S00 °03'15 "E 418.86 feet to the
centerline of the new Tumalo Road; thence leaving said section line and along
said centerline S59 °39'01 "E 2200.04 feet to the westerly line of said railroad
corridor, the Point of Beginning; thence leaving said centerline and along said
westerly corridor line N28 °02'06 "E 85.07 feet; thence leaving said westerly
corridor line and along a line 85.00 feet northerly of and parallel with the centerline
of said new Tumalo Road S59 °39'01 "E 100.08 feet to the easterly line of said
railroad corridor; thence along said easterly corridor line S28 °02'06 "W 170.14
feet; thence leaving said easterly corridor line and along a line 8.5.00 feet
southerly of and parallel with the centerline of said new Tumalo Road
N59 °39'01 "W 100.08 feet to said westerly corridor line; thence along said
westerly line N28 °02'06 "E 85.07 feet to the Point of Beginning. Containing
17,014 square feet (0.39 acres) more or Tess.
REGi8TEREO
PROFESSIONAL
LAND SU I` V .Y
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