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EXHIBIT “B”
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 Menk Drive, Fort
Worth, Texas 76131, and the MARICOPA COUNTY, a political subdivision of the State of Arizona
("Grantee"), whose address for purposes of this instrument is
, 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 Maricopa County,
Arizona as described on Exhibit "A" 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.
END OF PAGE — SIGNATURE PAGE FOLLOWS
Easement - Exhibit B Form 704CM; Rev. 03/23/2019
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:
Title:
STATE OF TEXAS §
§
COUNTY OF TARRANT §
This instrument was acknowledged before me on the day of , 2023, by
(name) as (title)
of BNSF RAILWAY COMPANY, a Delaware corporation.
Notary Public
My appointment expires:
(Seal)
Easement - Exhibit B Form 704CM; Rev. 03/23/2019
RECOMMENDED FOR APPROVAL:
DocuSigned by: DocuSigned by:
[Wayne Jones Juanifr Rodrigues
Senior Right of Way Agent Right of Way Supervisor
ACCEPTED:
Board of Supervisors of Maricopa County
By:
Chairman of the Board
ATTEST:
Clerk of the Board of Supervisors Date
Approved as to form and within the powers and
authority of the Board of Supervisors
DocuSigned by:
Wagu. Petk 10/19/2023
Deputy County Attomey Date
Project: TT0561 Olive Avenue (SR303 to Reems Rd)
Item: D23501 (WJ
Crossing ID: #025716A
Easement - Exhibit B Form 704CM; Rev. 03/23/2019