Untitled (10)Diary of Real Estate Transaction between City of Yelm and BNSF,
to acquire the Yehn-Roy Prairie Line
20. November 9, 1998 — Yelm City Council special study session meeting,
at Roy Community Center, Roy WA — presentation to the Yelm and
Roy Councils concerning the possible acquisition of the BNSF short -
line between Yelm and Lakewood.
21. November 1998 — copy of letter dated November 9, 1998 from City
Attorney, Sandy Mackie — advising on the formation of the Rail
Advisory Committee.
22. November 10, 1998 — copy of Agenda with agenda Item for the
11/10/98 TRPC meeting — "Regional Rail Initiatives" — "the City of
Yelm is seeking to preserve the Yelm-Roy segment as an operating
line due to the importance of freight rail in attracting and retaining
quality manufacturing businesses."
23. November 24, 1998 — City of Yelm Resolution No. 379 approved and
adopted by the Yelm City Council — "A Resolution to state the guiding
principles for the acquisition and use and operational oversight of the
railroad branch line, the Yelm Branch Line, currently owned by the
BNSF Railway Company; to create a Rail Advisory Committee to
advise the city on the use, operation and development of the acquired
property; and to provide guidance to the Director of Public Works on
how to proceed."
24. Date ?? — copy of Daily Olympian news article, dated sometime in
1998 — titled: "Yelm works on deal to run rail line."
25. Date ?? — copy of TNT news article, dated sometime in 1998 — titled:
"Burlington Northern reportedly intrigued by Yelm bid."
26. Date ?? — copy of Daily Olympian news article, dated sometime in
1998 — titled: "Yelm moves to purchase railroad line."
27. February 1999 — copy of letter dated 2/2/99 from Ken Garmann, COY
PW Director to Richard Batie of BNSF, regarding "Prairie Line" Yelm to
Lakeview.
28. March 1999 — copy of letter dated 3/16/99 from Ken Garmann, COY
PW Director to Joe Williams regarding TRPC/STP TEA -21 Grant for
Yelm to Lakeview BNSF Branch Line Acquisition.
29. March 1999 — copy of letter dated 3/26/99 from Ken Garmann, COY
PW Director to Richard Batie of BNSF, regarding Prairie Line — Yelm to
Lakeview.
Page 3 of 7
Diary of Real Estate Transaction between City of Yehn and BNSF,
to acquire the Yehn-Roy Prairie Line
30. March 30, 1999 — Rail Committee Meeting held at the Yelm Prairie
Hotel Conference Room.
31. May 11, 1999 — Rail Advisory Committee (RAC) meeting held at the
offices of Yelm Prairie Development Company, Yelm.
32. December 1999 — copy of Staff Report dated 12/2/99 from Ken
Garmann, COY PW Director to Yelm Mayor and City Council,
recommending City Council approve awarding contract to David Evans
& Associates, Inc. (DEA, Inc.) to have them complete an appraisal,
which must be done to meet federal requirements for T-21 STP funds
allocated through Thurston Regional Planning Council for the
acquisition of the Roy to Yelm "Prairie Line."
33. December 1999 — copy of Complete Appraisal Report, dated 12/15/99
— of the Yelm to Roy segment of the old Northern Pacific Prairie
Line/Yelm Branch Line — prepared by DEA, Inc.
34. March 2000 — copy of report dated 3/1/00 on the Pedestrian/Bike Trail
Conceptual Design — (for area adjacent to the existing BNSF rail line
that runs between the COY and the City of Roy.)
35. March 2000 — copy of letter dated 3/1/00 from Ken Garmann, COY PW
Director to Richard Batie of BNSF, regarding acquisition of the "Prairie
Line."
36. June 2000 — copy of letter dated June 15, 2000 from Richard Batie of
BNSF to Shelly Badger, COY City Administrator (CA) with attachment
regarding a draft contract for the transfer of the Roy to Yelm line from
BNSF to the City of Yelm.
37. June 19, 2000 — RAC meeting held.
38. June 2000 — copy of fax dated 6/28/00 from Steve Day, of Betts,
Patterson & Mines, PS — to Shelly Badger, COY CA, regarding
comments on BNSF's contract -draft agreement regarding donation of
rail line.
39. July 2000 — copy'of faxed letter dated July 10, 2000 from Taro
Kusunose, of Betts, Patterson & Mines, PS — to Shelly Badger, COY
CA, regarding Draft Yelm to BNSF letter regarding Draft Agreement.
40. August 2000 — copy of letter dated 8/23/00 from Taro Kusunose, of
Betts, Patterson & Mines, PS, to Shelly Badger, COY CA, regarding
BNSF — Yelm transaction.
Page 4 of 7
Diary of Real Estate Transaction between City of Yebn and BNSF,
to acquire the Yehn-Roy Prairie Line
41. August 2000 — copy of fax/memo dated 8/24/00 from Taro Kusunose,
of Betts, Patterson & Mines, PS, to Shelly Badger, COY CA, regarding
an extension of time on the BNSF/Yelm transaction.
42. August 2000 — copy of letter dated 8/28/00 from Shelly Badger COY
CA to Richard Batie of BNSF, regarding BNSF — COY Transfer of Roy
to Yelm line requesting a 60 day extension of time for the COY to
negotiate with BNSF on the transfer of ownership of the Yelm to Roy
line.
43. August 2000 — copy of letter dated 8/30/00 from Richard Batie of BNSF
to Shelly Badger, COY CA granting the 60 day extension of time on the
transfer of the Roy to Yelm line transaction.
44. September 2000 — copy of letter dated 9/22/00 from Shelly Badger,
COY CA to Richard Batie of BNSF, regarding the Draft Agreement for
the transfer of the Roy to Yelm line from BNSF to the COY.
45. October 2000 — copy of letter dated 10/9/00 from Dennis W. Wilson,
Attorney for BNSF, to Shelly Badger, COY CA — regarding the "Yelm
Rail Corridor Donation Contract" along with a copy of the Draft
"Agreement for Donation of Certain Assets, Rights and Obligations of
the BNSF Railway Company to the City of Yelm.
46. October 2000 — copy of letter dated 10/16/00 from Taro Kusunose of
Betts, Patterson & Mines, PS — to Shelly Badger, COY CA — regarding
comments on BNSF's October 9, 2000 response letter.
47. October 2000 — copy of letter dated 10/18/00 from Shelly Badger, COY
CA — to Dennis W. Wilson, Attorney for BNSF, regarding Roy-Yelm
corridor donation contract.
48. October 2000 — copy of emails dated October 27-30, 2000 between
Taro Kusunose, Betts, Patterson & Mines PS, and Shelly Badger, COY
CA, regarding Draft letter to BNSF counsel and Addendum closing
information.
49. October 2000 — copy of letter dated 10/31/00 from Shelly Badger, COY
CA — to Dennis W. Wilson, Attorney for BNSF, regarding Roy-Yelm rail
corridor donation contract — with copy of agreement.
50. October 2000 — copy of letter dated 10/31/00 from Dennis W. Wilson,
Attorney for BNSF — to Shelly Badger, COY CA, regarding BNSF
parcel sale to City of Yelm, Washington.
Page 5 of 7
Diary of Real Estate Transaction between City of Yelm and BNSF,
to acquire the Yelm-Roy Prairie Line
51. November 2000 — copy of letter dated 11/1/00 from Dennis W. Wilson,
Attorney for BNSF — to Shelly Badger, COY CA, regarding Roy-Yelm
rail corridor donation.
52. November 2000 — copy of letter dated 11/2/00 from Dennis W. Wilson,
Attorney for BNSF — to Taro Kusunose, of Betts, Patterson & Mines,
PS, regarding BNSF parcel sale to City of Yelm.
53. November 2000 — copy of emails dated 11/3 & 11/6 between Taro
Kusunose, Betts, Patterson & Mines, PS — and Shelly Badger COY
CA, regarding real estate agreement/closing.
54. November 2000 — copy of letter dated 11/8/00 from Shelly Badger,
COY CA to Richard Batie, BNSF Shortline Development Manager,
regarding Roy-Yelm rail corridor donation contract and real estate
purchase and sale agreement.
55. November 2000 — copy of letter dated 11/15/00 from Shelly Badger,
COY CA to Richard Batie, BNSF, regarding Roy-Yelm rail corridor
closing (with a check in the amount of $300,000.)
56. November 2000 — copy of letter dated 11/16/00 from Richard Batie,
BNSF to Shelly Badger, COY CA regarding two copies of the
"Assignment of Rights under Contract to Real Estate" covering the
transfer of the Real Estate portion of the line sale to the City of Yelm.
57. November 2000 — copy of press release, dated 11/21/00: "As of 12:01
AM, November 17, 2000, the City of Yelm acquired the 4.55 mile
portion of BNSF rail line from Yelm to Roy. The acquisition concludes
discussions and negotiations with BNSF that began in the Fall of 1998
when the City of Yelm learned that the section of rail was being
considered for abandonment. Since that time, the City formed a Rail
Advisory Committee to recommend policy and aid in negotiations with
BNSF."
Page 6 of 7
Diary of Real Estate Transaction between City of Yelm and BNSF,
to acquire the Yehn-Roy Prairie Line
NEGOTIATOR'S DISCLAIMER
• The written agreement embodies all considerations agreed to by the
negotiator and the property owner.
• The negotiator understands that the acquired property is for use in
connection with a federal aid transportation project.
• The negotiator has no direct or indirect interest in the property or in any
monetary benefit from its acquisition, at present or in the future.
The agreement has been reached without any type of coercion.
Shelly A. Badger, City of Yelm Date
City Administrator
Negotiator
Page 7 of 7
Shelly BE
From:
Taro Kusunose [kusunose@lasher.com]
Sent:
Tuesday, February 28, 2006 9:04 AM
To:
Shelly Badger
Cc:
Rebekah Grant
Subject:
FW: BN/City of Yelm
Shelly, we will be forwarding draft Real Estate Excise Tax Affidavits to BN for review.
Please let me know if you have any questions or concerns. Please also call me when you
have a moment to discuss this matter further. Thank you. Taro
Taro Kusunose, Esq.
Lasher Holzapfel Sperry & Ebberson, PLLC
(206) 332-7551 Direct Dial
kusunose@lasher.com
Notice: This is a privileged and confidential electronic transmission intended only for
the individual/entity named. If you received this transmission in error, please notify
the sender by reply e-mail or by calling (206) 332-7551, and then delete the transmission
without copying it. Thank you.
-----Original Message -----
From: Wintermute, Dalen[mailto:Dalen.Wintermute@BNSF.com]
Sent: Tuesday, February 28, 2006 8:45 AM
To: Taro Kusunose
Cc: Long, Carl J
Subject: RE: BN/City of Yelm
Please send the REETA's to me.- I may be able to sign, but if not, I will forward to Dave
Schneider for signature. Thanks.
Dalen E. Wintermute
Manager, Land Revenue Management
BNSF Railway Company
2500 Lou Menk Drive, AOB-3
Ft. Worth, TX 76131-2828
Phone: (817) 352-6870
Fax: (817) 352-7797
>CONFIDENTIALITY NOTICE -
>This message is intended only for the use of the individual or entity
to which it is addressed and may contain information that is privileged, confidential and
exempt from disclosure under applicable'law. If the reader of this message is notithe
intended recipient, or the employee or agent responsible for delivering the message, to the
intended recipient, you are hereby notified that any dissemination, distribution or
copying of this communication is strictly prohibited. If you have received this message
in error, please delete this message from all computers and notify me immediately by
return e-mail and/or phone (817)352-6458.
Thank you.
-----Original Message -----
From: Taro Kusunose [mailto:kusunose@lasher.com]
Sent: Monday, February 27, 2006 4:10 PM
To: Wintermute, Dalen
Subject: BN/City of Yelm
Re -sent with a subject line. Taro
-----Original Message -----
From: Taro Kusunose
Sent: Monday, February 27, 2006 2:09 PM
1
1
Tod 'da3-en.wintermute@bnsf.com'
Subject:
Mr. Wintermute:
This follows my voicemail to you of earlier today. This law firm represents the City of
Yelm, Washington. In 2000, BN donated some real estate to the City, and also sold, some
real estate to the City. The transfers were by quit claim deed. Copies of the two quit
claim deeds (the originals of which we hold) are attached to this email in .pdf format for
your reference.
The fact that the quit claim deeds were not recorded came to light recently when we were
asked by the IRS to answer a few questions as part of an IRS audit of BN being handled by
Carl Long of BN.
In order to record a deed in Washington, we need to file a document called a Real Estate
Excise Tax Affidavit (REETA). The REETA will require original signatures of both
transferor and transferee, so we will need someone over at BN to sign the REETAs. We will
get draft REETAs to BN for review shortly.
Back in 2000, Rich Batie was our primary BN contact. I recently spoke to Rich, who
indicated that Dave Schneider would likely be the person to sign the REETAs. (In fact,
Dave Schneider was the BN individual who signed one of the two deeds in 2000). Therefore,
Rich suggested that I contact you about this.
I
Could you let me know if Dave Schneider would still be the person to sign. If not, who
the right person would be. Could you also let me know Carl Long's email address, as Rich
has asked that I keep Carl in the loop on this, and I think email will end up being the
best way to go.
Please let me know if you have any questions or concerns. I look forward to hearing from
you. Thank you.
Taro Kusunose
Taro Kusunose, Esq.
Lasher Holzapfel Sperry & Ebberson, PLLC 2600 Two Union Square
601 Union Street
Seattle, Washington 98101-4000 USA
(206) 332-7551 Direct Dial
(206) 624-1230 Switchboard
(206) 340-2563 Fax
i
kusunose@lasher.com
Notice: This is a privileged and confidential electronic transmission intended onlIy for
the individual/entity named. If you received this transmission in error, please notify
the sender by reply e-mail or by calling (206) 332-7551, and then delete the transmission
without copying it. Thank you.
2
Page I of 1.
Shelly Badger
From: Taro Kusunose [kusunose@lasher.com]
Sent: Tuesday, February 28, 2006 9:13 AM
To: bdille@owensdavies.com
Cc: Shelly Badger
Subject: FW: Rail Line abandonment out of lack of use?
Brent: Sorry for the delay. Below is part of a response I received back from another attorney about rail
abandonment.
The question posed was whether a rail line could be "abandoned" by non-use.
The "legal" abandonment discussed is done through the Surface Transportation Board in Washington D.C. Hope
this helps. It sounds like it does help to have a train run down the track once in a while, as part of the evidence to
produce to the STB in the event of a abandonment proceeding before the STB. Let me know if you have any
questions or concerns. Thank you. Taro
Taro Kusunose, Esq.
Lasher Holzapfel Sperry & Ebberson, PLLC
(206) 332-7551 Direct Dial
kusunose@lasher.com
Notice: This is a privileged and confidential electronic transmission intended only for the individual/entity named. If you received this transmission in
error, please notify the sender by reply e-mail or by calling (206) 332-7551, and then delete the transmission without copying it. Thank you.
No, not required legally. Lack of use can cause practical evidentiary problems, however.
Adjoining property owners try to use this and say it is "abandoned" though non-use. That is a
misunderstanding of what legal abandonment means. You may even find some state law
cases that use the common criteria of long time non-use. You cannot have
adverse possession against a railroad, either.
To be legally abandoned, however, even if not used for years, you must go through the STB
process because it is the exclusive method of terminating operating rights over a railroad ROW
whether owned in fee or merely a railroad easement. Without a certificate of abandonment
for the ICC before 1995 or the STB after 1/1/96, the property is never legally abandoned.
True even if a bridge is out cutting it off from the rail network.
However, the practical side is you must show that the "public convenience and necessity
requires the continued operation of the line. If there is a likelihood of traffic in the future. Rail
roads have lost too much track and now have a capacity problem The STB will protect a
railroad which wishes to keep a property if they can show future use plans, solicitation of
shippers on the line, effort to locate shippers to the line, or need to use the line for adjunct rail
operations (storage of seasonal cars, etc). This becomes an evidence issue and I always
advise shortline owners to run a train (even if it is just a locomotive) on the line occasionally,
or put a car or two on it for a period of time, to mark their territory. Also, to keep the weeds
cut.
2/28/2006
Memo
To: Taro Kusunose, Esq., Lasher Holzapfel Sperry & Ebberson, PLLC
From: Dana Spivey, Admin. Asst., City of Yelm, City Administrator's office
Date: February 24, 2006
Subject: Quit Claim Deeds
Hi Taro -
Please find enclosed the `Original' quit claim deeds (for both the purchase and the donation from
BNSF), to be recorded in both Thurston County and Pierce County, by your office.
Also enclosed is some information from the Thurston County GeoData Center, regarding a parcel here
in Yelm which comes up "owned by BNSF." We're assuming this separate piece of property was
included in the purchase/donation transaction back in 2000 - but can you make sure? And make sure it
is included in the recording of the two quit claim deeds?
Thanks Taro!
Have a great
day/,
Data for Parcel No. 22719311100
Zoom Map to Parcel
Parcel No.:
Site Address:
Site City:
Site Zip:
22719311100
Section:
View Assessor's Data for Parcel
Owner:
BURLINGTON NORTHERN INC
Address:
PO BOX 961089
City:
FORT WORTH
State:
TX, 76161-0089
Parcel No.:
Site Address:
Site City:
Site Zip:
22719311100
Section:
sl 9172E
Legal Description:
19-17-2E PTN NW SW PTN OF RAILROAD R/W
USED FOR LOADING
Usecode:
41 - TRAN-RAILROD
Tax Code Area:'
170
Taxable:
No
Annual Tax:
$0.00
Property Type:
TRN
Total Acres:
0.21
Land Value:
$4,000.00
Building Value:
$0.00
Total Value:
$4,000.00
Current Use:
N
Exemptions:
None
Wetlands:
Floodzone:
Flood of 1999:
Winter Flooding of 1996:
High Groundwater Flood Hazards:
Zoning:
Historic Site:
Permitting Jurisdiction:
Jurisdiction of Influence:
Stormwater Rate:
No Shooting Zone:
Animal Control:
Unknown
NO,
Unknown
Unknown
Unknown
C-2, CBD,
No
YELM
YELM
No
No
Contact Animal Control (360-458-3244).
- -a- - -- -
http://geomapl.geodata.orglwebsitelcadastrallresultsparcel.asp?parcel=22719311100 2/23/2006
Weed Containment Zone:
No
Steep Slopes:
Unknown
Ground Water Sensitive Areas:
No
DNR Natural Heritage Data:
Unknown
Critical Buffers:
No
Shoreline Management Areas:
YES
Waterbody & Wetland Buffers:
No
FEMA Panel No.:
355
Wellhead Protection Area:
No
Area of Groundwater Concern:
No
Elevated Nitrates:
No
Soil Type:
Spanaway gravelly sandy loam, 0 to 3% slopes
Hydric Soil:
No
Watershed:
NISQUALLY RIVER
Water Service Area:
YELM, CITY OF
School District:
YELM
Elementary School:
FORT STEVENS
Middle School:
MILL POND + YELM MID
High Sch000l:
YELM
Fire Response District:
YELM
Medic Response District:
Medic 2
Residential Outdoor Burning:
Residential Outdoor Burning is banned within the
city limits and urban growth areas of Lacey,
Olympia, and Tumwater.
Planning Region:
2
Census Tract:
012410
Radio or Cell Tower:
No
http://geomapl.geodata.orglwebsitelcadastrallresultsparcel.asp?parcel=22719311100 2/23/2006
http://geomapl .geodata.org/website/cadastral/MapFrame.htm 2/23/2006
y
Use these buttons to display different information for this property
New Search Basic Info Values Structures
Permits Sales Feedback * Mao Info
OwnerfTaxpayer Information
Role Pct Name
Street City State Country Zip
Owner 100% BURLINGTON NORTHERN INC
PO BOX 961089 FORT WORTH TX 76161-0089
Taxpayer 100% BNSF RAILWAY COMPANY
PO BOX 961089 FORT WORTH TX 76161-0089
Parcel Information
Legal Description: 19-17-2E PTN NW SW PTN OF RAILROAD R/W USED FOR LOADING
Sect/Town/Range: 19 17.2E
Size:
0.21 Acres
Use Code:
41 Trans - Railroad
TCA Number:
170
Neighborhood:
2552
Property Type:
TRANSPORTATION
Taxable:
NO
School District:
YELM S.D. #2
Office of the Assessor
Patricia Costello, Assessor
2000 Lakeridge Drive SW - Olympia, WA 98502
Customer Service (360)786-5410 -- Fax (360)754-2958 -- TDD (360)754-2933
Basi
Propert
https://fortress.wa.gov/thurstonco/propinfo1propsgVbasic.asp?fe=PS&pn=22719311100 2/23/2006
eturn Address
ity of Yelm
belly Badger
0 Box 479
elm, WA 98597
Document title(s) (or transactions. contained therein):
1. Quitclaim Deed
Reference Number(s) of Documents assigned or released:
(on page of documents(s))
Grantor(s) (Last name, first name, middle initial)
1. Burlington Northern and Santa Fe Railway Company
2.
Grantee(s) (Last name, first name, middle initial)
1. City of Yelm ;
Legal -Description. ( abbreviated:. i.e. lot, block, plat or section, township, range)
All that portion of The Burlington Northern and Santa Fe Railway Company's 100.0 foot
wide Roy to Yelm, Washington Branch Line right of way, now discontinued, over and across
the SW 1/a of Section 19, Township 17N, Range 2 E of the WM, Thurston County,
Washington
Assessor's Property Tax Parcel/Account Number:
N/A
QUITCLAIM DEED
THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY, a
Delaware corporation, Grantor, of 2500 Lou Menk Drive, Fort Worth, Texas 76131-2830,
hereinafter called "Grantor", for and in consideration of Ten and No/100 Dollars ($10.00) and
other good and valuable consideration, in hand paid, conveys and quitclaims, without any
covenants of warranty whatsoever and without recourse to the Grantor, its successors and
assigns, to CITY OF YELM, a municipality in the State of Washington, hereinafter called
"Grantee",all of its right, title and interest, if any, in real estate, subject however to all existing
interests, including but not limited to all reservations, rights-of-way and easements, of record or
otherwise, situated in Thurston County, State of Washington, hereinafter called "Property",
together with all after acquired title of Grantor therein, described as follows:
All that portion of The Burlington Northern and Santa Fe Railway Company's (formerly
Northern Pacific Railway Company) 100.0 foot wide Roy to Yelm, Washington Branch Line
right of way, now discontinued, being 50.0 feet wide on each side of said Railway Company's
Main Track centerline, as originally located and constructed upon, over and across the SW 1/4 of
Section 19, Township 17 North, Range 2 East of the Willamette Meridian, Thurston County,
Washington, bounded on the Northeast by the North line of said SW 1/4, and bounded on the
Southwest by the Southwesterly boundary of the platted portion of Yelm, Washington, said
Southwesterly boundary also being the Northeasterly boundary of that portion of said Railway
Company's Yelm to Tenino, Washington branch line right of way conveyed to Thurston County,
Washington by quitclaim deed dated August 14, 1996, excepting therefrom, a 30.0 foot wide
corridor, being 15.0 feet wide on each side of said Main Track centerline upon, over and across
the SW 1/4 of said Section 19.
SUBJECT, however, to all existing interests, including but not limited to all
reservations, rights-of-way and easements of record or otherwise.
GRANTEE has/have been allowed to make an inspection of the Property and has
knowledge as to the past use of the Property. Based upon this inspection and knowledge,
GRANTEE is/are aware of the condition of the Property and GRANTEE ACKNOWLEDGES
THAT GRANTEE IS/ARE PURCHASING THE PROPERTY IN AN "AS -IS WITH ALL
FAULTS" BASIS WITH ANY AND ALL PATENT AND LATENT DEFECTS AND
THAT GRANTEE IS/ARE NOT RELYING ON ANY REPRESENTATION OR
WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WHATSOEVER FROM
GRANTOR AS TO ANY MATTERS CONCERNING THE PROPERTY, including the
physical condition of the Property and any defects thereof, the presence of any hazardous
substances, wastes or contaminants in, on or under the Property, the condition or existence of any
of the above ground or underground structures or improvements in, on or under the Property, the
condition of title to the Property, and the leases, easements or other agreements affecting the
Property. GRANTEE is/are aware of the risk that hazardous substances and contaminants may
be present on the Property, and indemnifies, holds harmless and hereby waives, releases and
discharges forever Grantor from any and all present or future claims or demands, and any and all
damages, loss, injury, liability, claims or costs, including fines, penalties and judgments, and
attorney's fees, arising from or in any way related to the condition of the Property or alleged
presence, use, storage; generation, manufacture, transport, release, leak, spill, disposal or other
handling of any hazardous substances or contaminants in, on or under the Property. Losses shall
include without limitation (a) the cost of any investigation, removal, remedial or other response
action that is required by any Environmental Law, that is required by -judicial order or by order of
or agreement with any governmental authority, or that is necessary or otherwise is reasonable
under the circumstances, (b) capital expenditures necessary to cause the Grantor's remaining
Property or the operations or business of the Grantor on its remaining Property to be in
compliance with the requirements of any Environmental Law, (c) Losses for injury or death of
any. person, and (d) Losses arising under any Environmental Law enacted after transfer. The
rights of Grantor under this . section shall be in addition to and not in lieu of any other rights or
remedies to which it may be entitled under this document or otherwise. This indemnity
specifically includes the obligation of GRANTEE to remove, close, remediate, reimburse or
take other actions requested or required by any governmental agency concerning any hazardous
substances or contaminants on the Property.
The term "Environmental Law" means any federal, state or local statute, regulation, code,
rule, ordinance, order, judgment, decree, injunction or common law pertaining in any way to the
protection of human health or the environment, including without limitation, the Resource
Conservation and Recovery Act, the Comprehensive Environmental Response, Compensation
and Liability Act, the Toxic Substances Control Act, and any similar or comparable state or local
law.
The term "Hazardous Substance" means any hazardous, toxic, radioactive or infectious
substance, material or waste as defined, listed or regulated under any Environmental Law, and
includes without limitation petroleum oil and any of its fractions.
TO HAVE AND TO HOLD the Property unto the said Grantee, its successors and
assigns, forever.
2
IN WITNESS WHEREOF, the said Grantor caused this instrument to be signed by its
authorized representative, attested by its Assistant Secretary, and its corporate seal to be affixed
hereto on the 14th day of November, 2000.
MD S
.SEAQ,
����d' '��FLAWAR�.• •'off
STATE OF TEXAS
ss.
COUNTY OF TARRANT
THE BURLINGTON NORTHERN AND
SANTA FE RAILWAY COMPANY
By:
. P. Schneider
Director Real Estate
ATTEST:
By:
Patricia Zbichorslff
Assistant Secretary
On this Z f M day of la'd , 2000 before me, the
undersigned, a Notary Public in and for the State of Texas, duly commissioned and sworn,
personally appeared D. P. Schneider and Margaret R. Aclin, to me known to be the General
Director Real Estate and Assistant Secretary, respectively, of The Burlington Northern and Santa
Fe Railway Company, the corporation that executed the foregoing instrument, and acknowledged
the said instrument to be the free and voluntary act and deed of said corporation, for the uses and
purposes therein mentioned, and on oath stated that they are authorized to execute the said
instrument and that the seal affixed is the corporate seal of said corporation.
Witness my hand and official seal hereto affixed the day and year first above written.
------------------
NADINE M GRANDI
Notary Ptblk
` STATE OF TEXAS
OF
Mjr Comm, Exp. 06/105/2004
Notary Public in and for the State of Texas
Residing at: Fort Worth, Texas
My appointment expires: 0 �/oS/ aoo
v
EXHIBIT "A"
THAT PORTION OF THE BURLINGTON NORTHERN AND SANTA FE RAILWAY
COMPANY'S (FORMERLY NORTHERN PACIFIC RAILWAY COMPANY) 100.0
FOOT WIDE ROY TO YELM, WASHINGTON BRANCH LINE RIGHT OF WAY,
NOW DISCONTINUED, BEING 50.0 FEET WIDE ON EACH SIDE OF SAID
RAILWAY COMPANY'S MAIN TRACK CENTERLINE, AS ORIGINALLY
LOCATED AND CONSTRUCTED UPON, OVER AND ACROSS THE SWI/4 OF
SECTION 19, TOWNSHIP 17 NORTH, RANGE 2 EAST OF THE WILLAMETTE
MERIDIAN, THURSTON COUNTY, WASHINGTON, BOUNDED ON THE
NORTHEAST BY THE 'NORTH LINE OF SAID SWI/a, AND BOUNDED ON THE
SOUTHWEST BY THE SOUTHWESTERLY BOUNDARY OF THE PLATTED
PORTION OF YELM, WASHINGTON, SAID SOUTHWESTERLY BOUNDARY
ALSO BEING THE NORTHEASTERLY BOUNDARY OF THAT PORTION OF SAID
RAILWA-Y- C-113mp" S- Y' Ei�b�TO- i�i3N0; WAST GTOitT BR iCi3- L --- -- - __
RIGHT OF WAY CONVEYED TO THURSTON COUNTY, WASHINGTON. BY
QUITCLAIM DEED DATED AUGUST 14, 1996, EXCEPTING THEREFROM, A
30.0 FOOT WIDE CORRIDOR, BEING 15.0 FEET WIDE ON EACH SIDE OF SAID
MAIN TRACK CENTERLINE UPON, OVER AND ACROSS THE SWI/4 OF SAID
SECTION 19.
Exhibit "A"
Legal Description:
All that portion of the Burlington Northern and Sante Fe Railway
Company's (formerly Northern Pacific Railway Company) 100.0 foot
wide Roy to Yelm, Washington Branch Line right of way, now
discontinued, being 50.0 feet wide on each side of said Railway
Company's Main Track centerline, as originally located and constructed
upon, over and across the SW 1/4 of Section 19, Township 17 North,
Range 2 East of the W.M., Thurston County, Washington, bounded on the
Northeast by the North line of said SWI/4, and bounded on the Southwest
by the Southwesterly boundary of the platted portion of Yelm,
Washington, said Southwesterly boundary also being the Northeasterly
boundary of that portion of said Railway Company's Yelm to Tenino,
Washington branch line right of way conveyed to Thurston County,
Washington by quit claim deed dated August 14, 1996, excepting
therefrom, a 30.0 foot wide corridor, being 15.0 feet wide on each side of
said Main Track centerline upon, over and across the SW '/ of said
Section 19.
SUBJECT, however, to all existing interests, including but not limited to
all reservations, rights-of-way and easements of record or otherwise.
C:\4\BFD\Yebn\Exhibit A for BNSF eta 12162005.doc
Return Address:
City of Yelm
Shelly Badger
PO Box 479
Yelm WA 98597
2�
Document title(s) (or transactions contained therein):
1. Quitclaim Deed
Reference Number(s) of Documents assigned or released:
(on page of document(s))
Grantor(s) (Last name, first name, middle initial)
1. Burlington Northern and Santa Fe Railway Company
2.
Grantee(s) (Last name, first name, middle initial)
1. City of Yelm
Legal Description (abbreviated: i.e. lot, block, plat or section, township, range)
The real estate and improvements that constitutes that portion of that certain line of
railroad designated in the records of the Burlington Northern an Santa Fe Railway
company's (formerly Northern Pacific Railway Company) as the Lake View subdivision,
connecting Roy to Yelm, Washington, over and across Sections 4, 9 and 16, all in
Township 17 North, Range 2 E of the WM, Pierce County, Washington; and Sections 16,
17, 19 and 20, all in Township 17 North, Range 2 E, of the WM, Thurston County,
Washington.
Assesor's Property Tax Parcel/Account Number:
N/A
QUITCLAIM DEED
THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY, a Delaware
corporation, Grantor, hereby donates, conveys and quitclaims to Grantee, CITY OF YELM, a
municipality in the State of Washington, without any covenants of warranty whatsoever and without
recourse to Grantor, its successors or assignees, all of Grantor's rights, title and interest, if any, in
real estate and improvements constituting Grantor's rail corridor between Milepost 20.99, in Roy,
Washington, and the southwestern end of this rail line corridor at or near Milepost 25.26, in Yelm,
Washington, which real estate and improvements are situated in Pierce and Thurston Counties,
Washington, the boundaries of which are more particularly described in Attachment 1, attached
hereto (hereinafter "Premises").
SUBJECT, however, to all existing interests in the Premises, including but not limited to all
reservations, easements and other encumbrances, of record or otherwise.
EXCEPTING AND RESERVING unto Grantor, its successors and assignees, a license for
99 years (or until any earlier date on which all rail service is abandoned on the rail line on the
Premises), to operate over such portion of track on the Premises at or near Roy, Washington as is
necessary or convenient to interchange rail traffic between Grantor and Grantee, or Grantee's
successor or assignee.
-1-
THE BURLINGTON NORTHERN AND SANTA FE
RAILWAY COMPANY
4,� 44D
Peter . Rickershauser
Vice President- Network Development
_. F'.•� FATTEST:
By:
%�2 F(AWN . Qom,,,.
N;Uaw.mkg\dww\contracts\yelm.quitclaim deed
—2—
STATE OF TEXAS )
ss.
COUNTY OF TARRANT )
On this [Qk day of November, 2000, before me, the undersigned, a Notary Public in and for
the State of Texas, duly commissioned and sworn, personally appeared Peter I Rickershauser, Vice
President, Network Development, and an Assistant Secretary, respectively, of The Burlington
Northern and Santa Fe Railway Company, the corporation that executed the foregoing instrument,
and acknowledged the execution thereof to be the free and voluntary act and deed of such officer and
the voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on
oath stated that they are authorized to execute the foregoing instrument and that the seal affixed in
the corporate seal of said corporation.
Witness my hand and official seal affixed the day and year first above written.
SHARON t= !'OSSIER- Notary Public
* * STA' OF 1�1tA5
. 09/ 16/2MI My commission expires: 9&
/0
-3-
ATTACHEMENT 1
THE REAL ESTATE AND IMPROVEMENTS THAT CONSTITUTES THAT
PORTION OF THAT CERTAIN LINE OF RAILROAD DESIGNATED IN THE
RECORDS OF THE BURLINGTON NORTHERN AND SANTA FE RAILWAY
COMPANY'S (FORMERLY NORTHERN PACIFIC RAILWAY COMPANY) AS THE
LAKE VIEW SUBDIVISION, CONNECTING ROY (NEAR MILE POST 20.99) TO
YELM (NEAR MILE POST 25.56), WASHINGTON, THE REAL ESTATE VARYING
IN WIDTH ON EACH SIDE OF SAID RAILWAY COMPANY'S MAIN TRACK
CENTERLINE, AS ORIGINALLY LOCATED AND CONSTRUCTED UPON, OVER
AND ACROSS SECTIONS 4,9 AND 16, ALL IN TOWNSHIP 17 NORTH, RANGE 2
EAST OF THE WILLAMETTE MERIDIAN, PIERCE COUNTY, WASHINGTON,
AND SECTIONS 16, 17, 19 AND 20, ALL IN TOWNSHIP 17 NORTH, RANGE 2
EAST, W. M., THURSTON COUNTY, WASHINGTON, MORE PARTICULARLY
DESCRIBED AS FOLLOWS ,- TO -WIT:
PIERCE COUNTY
ALL THAT PORTION OF SAID RAILWAY COMPANY'S 100.0 FOOT WIDE
BRANCH LINE RIGHT OF WAY, BEING 50.0 FEET WIDE ON EACH SIDE OF
SAID MAIN TRACK CENTERLINE UPON, OVER AND ACROSS THE SEI/4NEI/a
AND THE SEI/a OF SAID SECTION 4, THE NEI/4NWI/4NEI/a OF SAID SECTION 9,
AND THE WESTERLY THREE-FOURTHS OF THE ISAAC BASTIAN DONATION
LAND CLAIM NO. 39, IN SAID SECTION 9, BOUNDED ON THE NORTH BY THE
NORTH LINE OF SAID SEI/4NEI/a, AND BOUNDED ON THE SOUTH BY THE
SOUTHWESTERLY BOUNDARY OF SAID ISAAC BASTIAN DONATION LAND
CLAIM NO. 39; ALSO,
AN ADDITIONAL STRIP 30 FEET IN WIDTH ON EACH SIDE OF, PARALLEL
WITH AND ADJACENT TO THE SOUTHERLY 1400 FEET OF THE
HEREINABOVE DESCRIBED 100.0 FOOT WIDE BRANCH LINE RIGHT OF WAY,
BEING THE SAME PROPERTY DESCRIBED IN WARRANTY DEED FROM
HENRY MURRAY, ET UX TO THE NORTHERN PACIFIC RAILWAY COMPANY
FILED FOR RECORD SEPTEMBER 6, 1902 IN BOOK 186 OF DEEDS, PAGE 571 IN
AND FOR SAID COUNTY; ALSO,
ALL THAT PORTION OF SAID RAILWAY COMPANY'S 400.0 FOOT WIDE
BRANCH LINE RIGHT OF WAY, BEING 200.0 FEET WIDE ON EACH SIDE OF
SAID RAILWAY COMPANY'S MAIN TRACK CENTERLINE, AS ORIGINALLY
LOCATED AND CONSTRUCTED UPON, OVER AND ACROSS GOVERNMENT
LOTS 1 AND 2 OF SAID SECTION 9, AND THE NY2 OF SAID SECTION 16,
BOUNDED ON THE NORTHEAST BY THE SOUTHWESTERLY BOUNDARY OF
SAID ISAAC BASTIAN DONATION LAND CLAIM NO. 39, IN SAID SECTION 9,
AND BOUNDED ON THE SOUTHWEST BY THE CENTER OF NISQUALLY
RIVER, ALSO BEING THE SOUTHERLY BOUNDARY OF PIERCE COUNTY.
o-
THURSTON COUNTY
ALL THAT PORTION OF SAID RAILWAY COMPANY'S 400.0 FOOT WIDE
BRANCH LINE RIGHT OF WAY, BEING 200.0 FEET WIDE ON EACH SIDE OF
SAID RAILWAY COMPANY'S MAIN TRACK CENTERLINE, AS ORIGINALLY
LOCATED AND CONSTRUCTED UPON, OVER AND ACROSS GOVERNMENT
LOT 1 OF SAID SECTION 16, BOUNDED ON THE NORTHEAST BY THE CENTER
OF. NISQUALLY RIVER, ALSO BEING THE NORTHERLY BOUNDARY OF
THURSTON COUNTY, AND BOUNDED ON THE SOUTHWEST BY THE WEST
LINE OF SAID SECTION 16; ALSO,
ALL THAT PORTION OF SAID RAILWAY COMPANY'S 200.0 FOOT WIDE
BRANCH LINE RIGHT OF WAY, BEING 100.0 FEET WIDE ON EACH SIDE OF
SAID RAILWAY COMPANY'S MAIN TRACK CENTERLINE, AS ORIGINALLY
-_LOCAT-ED—AND-CONSTR-UC-T-ED-UP-0N�--OVER-AND--ACR-OSS--GOVERNMENT_..,----_
LOTS 4 AND 9 AND THE SWI/4NEI/a OF SAID SECTION 17, BOUNDED ON THE
NORTHEAST BY THE EAST LINE OF SAID SECTION 17, AND BOUNDED ON
THE SOUTHWEST BY THE SOUTH LINE OF SAID SWI/4NE1/a; ALSO,
ALL THAT PORTION OF SAID RAILWAY COMPANY'S 100.0 FOOT WIDE
BRANCH LINE RIGHT OF WAY, BEING 50.0 FEET WIDE ON EACH SIDE OF
SAID MAIN TRACK CENTERLINE UPON, OVER AND ACROSS THE NWIASE1/a
AND THE SWI/a OF SAID SECTION 17, THE NWI/4NW1/a OF SAID SECTION 20,
AND THE NE'A AND THE SEI/4SE1/4NW1/a OF SAID SECTION 19, BOUNDED ON
THE NORTHEAST BY THE NORTH LINE OF SAID NWI/4SE1/a OF SECTION 17,
AND BOUNDED ON THE SOUTHWEST BY THE SOUTH -LINE OF SAID
SEI/4SE1/4NW1/a OF SAID SECTION 19; ALSO,
A 30.0 FOOT WIDE CORRIDOR, BEING 15.0 FEET WIDE ON EACH SIDE OF
SAID MAIN TRACK CENTERLINE UPON, OVER AND ACROSS THE SWI/4 OF
SAID SECTION 19, BOUNDED ON THE NORTHEAST BY THE NORTH LINE OF
SAID SWI/a, AND BOUNDED ON THE SOUTHWEST BY THE SOUTHWESTERLY
BOUNDARY OF THE PLATTED PORTION OF YELM, WASHINGTON, SAID
SOUTHWESTERLY BOUNDARY ALSO BEING THE NORTHEASTERLY
BOUNDARY OF THAT PORTION OF SAID RAILWAY COMPANY'S YELM TO
TENINO, WASHINGTON BRANCH LINE RIGHT OF WAY CONVEYED TO
THURSTON COUNTY, WASHINGTON BY QUITCLAIM DEED DATED AUGUST
14, 1996.
EXHIBIT B
BILL OF SALE
THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY ("BNSF")
hereby donates and conveys to CITY OF YELM all of BNSF's rights, title and interest to the
following unaffixed personal property located on BNSF's rail corridor between Milepost 20.99 in
Roy, Washington and the end of this rail line at or near Milepost 25.26, in Yelm, Washington.
BNSF HEREBY DISCLAIMS ANY REPRESENTATION OR WARRANTY}
EXPRESS OF IMPLIED, AS TO THE DESIGN OR CONDITION OF ANY SUCH PERSONAL
PROPERTY HEREBY CONVEYED, ITS MERCHANTABILITY, OR ITS FITNESS FOR ANY
PARTICULAR PURPOSE. BNSF SHALL NOT BE LIABLE TO CITY OF YELM FOR ANY
INCIDENTAL OR CONSEQUENTIAL DAMAGES WITH RESPECT TO THE DESIGN,
CONDITION, QUALITY, .MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR
PURPOSE OF ANY OF THE PERSONAL PROPERTY CONVEYED HEREBY.
IN WITNESS WHEREOF, BNSF has caused this Bill of Sale to be executed by its duly
authorized representative this 16 l'kday of November, 2000.
THE BURLINGTON NORTHERN AND SANTA FE
RAILWAY COMPANY
By: )4,.
lg'D
Peter J. 'ckershauser
Vice President- Network Development
NAlaw.mkg\dww\contracts\yelm bill of sale
ATTACHEMENT 1
THE REAL ESTATE AND IMPROVEMENTS THAT CONSTITUTES THAT
PORTION OF THAT CERTAIN LINE OF RAILROAD DESIGNATED IN THE
RECORDS OF THE BURLINGTON NORTHERN AND SANTA FE RAILWAY
COMPANY'S (FORMERLY NORTHERN PACIFIC RAILWAY COMPANY) AS THE
LAKE VIEW SUBDIVISION, CONNECTING ROY (NEAR MILE POST 20.99) TO
YELM (NEAR MILE POST 25.56), WASHINGTON, THE REAL ESTATE VARYING
IN WIDTH ON EACH SIDE OF SAID RAILWAY COMPANY'S MAIN TRACK
CENTERLINE, AS ORIGINALLY LOCATED AND CONSTRUCTED UPON, OVER
AND ACROSS SECTIONS 4,9 AND 16, ALL IN TOWNSHIP 17 NORTH, RANGE 2
EAST OF THE WILLAMETTE MERIDIAN, PIERCE COUNTY, WASHINGTON,
AND SECTIONS 16, 17, 19 AND 20, ALL IN TOWNSHIP 17 NORTH, RANGE 2
EAST, W. M., THURSTON COUNTY, WASHINGTON, MORE PARTICULARLY
DESCRIBED AS FOLLOWS _TO -WIT;
PIERCE COUNTY
ALL THAT PORTION OF SAID RAILWAY COMPANY'S 100.0 FOOT WIDE
BRANCH LINE RIGHT OF WAY, BEING 50.0 FEET WIDE ON EACH SIDE OF
SAID MAIN TRACK CENTERLINE UPON, OVER AND ACROSS THE SEI/4NEI/a
AND THE SEI/a OF SAID SECTION 4, THE NEI/4NWI/4NEI/a OF SAID SECTION 9,
AND THE WESTERLY THREE-FOURTHS OF THE ISAAC BASTIAN DONATION
LAND CLAIM NO. 39, IN SAID SECTION 9, BOUNDED .ON THE NORTH BY THE
NORTH LINE OF SAID SE'ANEI/a, AND BOUNDED ON THE SOUTH BY THE
SOUTHWESTERLY BOUNDARY OF SAID ISAAC BASTIAN DONATION LAND
CLAIM NO. 39; ALSO,
AN ADDITIONAL STRIP 30 FEET IN WIDTH ON EACH SIDE OF, PARALLEL
WITH AND ADJACENT TO THE SOUTHERLY 1400 FEET OF THE
HEREINABOVE DESCRIBED 100.0 FOOT WIDE BRANCH LINE RIGHT OF WAY,
BEING THE SAME PROPERTY DESCRIBED - IN WARRANTY DEED FROM
HENRY MURRAY, ET UX TO THE NORTHERN PACIFIC RAILWAY COMPANY
FILED FOR RECORD SEPTEMBER 6, 1902 IN BOOK 186 OF DEEDS, PAGE 571 IN
AND FOR SAID COUNTY; ALSO,
ALL THAT PORTION OF SAID RAILWAY COMPANY'S. 400.0 FOOT WIDE
BRANCH LINE RIGHT OF WAY, BEING 200.0 FEET WIDE ON EACH SIDE OF
SAID RAILWAY COMPANY'S MAIN TRACK CENTERLINE, AS ORIGINALLY
LOCATED AND CONSTRUCTED UPON, OVER AND ACROSS GOVERNMENT
LOTS 1 AND 2 OF SAID SECTION 9, AND THE NIh OF SAID SECTION 16,
BOUNDED ON THE NORTHEAST BY THE SOUTHWESTERLY BOUNDARY OF
SAID ISAAC BASTIAN DONATION LAND CLAIM NO. 39, IN SAID SECTION 9,
AND BOUNDED ON THE SOUTHWEST BY THE CENTER OF NISQUALLY
RIVER, ALSO BEING THE SOUTHERLY BOUNDARY OF PIERCE COUNTY.
THURSTON COUNTY
ALL THAT PORTION OF SAID RAILWAY COMPANY'S 400.0_ FOOT WIDE
BRANCH LINE RIGHT OF WAY, BEING 200.0 FEET WIDE ON EACH SIDE OF
SAID RAILWAY COMPANY'S MAIN TRACK CENTERLINE, AS ORIGINALLY
LOCATED AND CONSTRUCTED UPON, OVER AND ACROSS GOVERNMENT
LOT 1 OF SAID SECTION 16, BOUNDED ON THE NORTHEAST BY THE CENTER
OF NISQUALLY RIVER, ALSO BEING THE NORTHERLY BOUNDARY OF
THURSTON COUNTY, AND BOUNDED ON THE SOUTHWEST BY THE WEST
LINE OF SAID SECTION 16; ALSO,
ALL THAT PORTION OF SAID RAILWAY COMPANY'S 200.0 FOOT WIDE
BRANCH LINE RIGHT OF WAY, BEING 100.0 FEET WIDE ON EACH SIDE OF
SAID RAILWAY COMPANY'S MAIN TRACK CENTERLINE, AS ORIGINALLY
LOCATED—AND --CONS--T-RUC-TE-D-BJP-ONS--OV-ER -AND--ACR-OSS--GOV-ERNME-N-T _
LOTS 4 AND 9 AND THE SWI/4NE'/a OF SAID SECTION 17, BOUNDED ON THE
NORTHEAST BY THE EAST LINE OF SAID SECTION 17, AND BOUNDED ON
THE SOUTHWEST BY THE SOUTH LINE OF SAID SWI/4NE'/a; ALSO,
ALL THAT PORTION OF SAID RAILWAY COMPANY'S 100.0 FOOT WIDE
BRANCH LINE RIGHT OF WAY, BEING 50.0 FEET WIDE ON EACH SIDE OF
SAID MAIN TRACK CENTERLINE UPON, OVER AND ACROSS THE NWI/aSEI/a
AND THE SWI/a OF SAID SECTION 17, THE NW'/4NWI/a OF SAID SECTION 20,
AND THE NEI/a AND THE SE'/aSEI/4NW'/a OF SAID SECTION 19, BOUNDED ON
THE NORTHEAST BY THE NORTH LINE OF SAID NW'/aSE'/a OF SECTION 17,
AND BOUNDED ON THE SOUTHWEST BY THE SOUTH -LINE OF SAID
SE'/aSE'/4NW'/a OF SAID SECTION 19; ALSO,
A 30.0 FOOT WIDE CORRIDOR, BEING 15.0 FEET WIDE ON EACH SIDE OF
SAID MAIN TRACK CENTERLINE UPON, OVER AND ACROSS THE SWI/a OF
SAID SECTION 19, BOUNDED ON THE NORTHEAST BY THE NORTH LINE OF
SAID SWI/a, AND BOUNDED ON THE SOUTHWEST BY THE SOUTHWESTERLY
BOUNDARY OF THE PLATTED PORTION OF YELM, WASHINGTON, SAID
SOUTHWESTERLY BOUNDARY ALSO BEING THE NORTHEASTERLY
BOUNDARY OF THAT PORTION OF SAID RAILWAY COMPANY'S YELM TO
TENINO, WASHINGTON BRANCH LINE RIGHT OF WAY CONVEYED TO
THURSTON COUNTY, WASHINGTON BY QUITCLAIM DEED DATED AUGUST
14, 1996.
EXHIBIT C
Agreements Assigned to City of Yelm
In Whole or In Part
Page 1
EXHIBIT C
Agreements Assigned in Full or in Part
To the City of Yelm, Washington
Contract
Contract No. Contractor(s) / Description Date
BF 00010856.00 PUGET SOUND ENERGY, INC. 06/15/1999
06/16/1972
06/11/1973
12/30/1976
03/20/1985
06/16/1986
12/03/1993
Cancellation
Date Location
WA, YELM
WA, YELM
WA, YELM
WA, YELM
WA, ROY
WA, YELM
WA, ROY
Date: 11/01/2000
Contract
Type Code
PR-PW/BNSF
GV-XS/BNRR
ID-IT/BNRR
ID-IT/BNRR
PR-PC/BNRR
PR-PC/BNRR
PR-PC/BNRR
06/01/1973
ELECTRIC WIRE LINE, LS. 52, MP. 23
PR-PW/BNRR
-CAT-NO.: 501101
BN 00002044.00
WASHINGTON, STATE OF
06/16/1976
IMPROVE CROSSING SIGNALS, MP. 25+2973
BN 00003302.00
MCLINS, INC.
WA, YELM
CMO&O INDUSTRIAL TRACK & CROSSING, MP. 25+723
BN 00007218.00
HARSCO CORP.
GV-GN/BNRR
M&O INDUSTRIAL SPUR TRACK, MP. 24+4010
CX 85016001.00
SILVASEED CO.
PRIVATE ROAD CROSSING, MP. 21+150
CX 86016044.00
PAISLEY, PATRICIA ANN & MARKUS, LEWIS H.
M&O ROAD CROSSING UNDER RR. BRIDGE NO. 22.1
CX 90016022.00
DROBOT, STEVE & DOROTHY M. AND
REEDER, RICHARD & LINDA L.
PRIVATE ROAD CROSSING; LS. 400, MP. 21.03
LC 00210734.00
YELM TELEPHONE CO.
OHD TELEPHONE WIRE CROSSING, MP. 25+854
LC 00216559.00
STRINGHAM, H. R.
PRIVATE CROSSING, MP. 21+150
LC 00221899.00
YELM, CITY OF
WATER PIPELINE CROSSING, MP. 25+917 .
LC 00238157.00
CABLE TV PUDGET SOUND, INC.
ASSIGNED TO VIACOM CABLEVISION, INC.
OHD TV CABLE CROSSING, MP. 25+3002
NP 00007349.00
CENTRALIA, CITY OF
PERMANENT SIPHON UNDERCROSSING, MP. 24+716
-LAW-NO.: 15024
06/16/1972
06/11/1973
12/30/1976
03/20/1985
06/16/1986
12/03/1993
Cancellation
Date Location
WA, YELM
WA, YELM
WA, YELM
WA, YELM
WA, ROY
WA, YELM
WA, ROY
Date: 11/01/2000
Contract
Type Code
PR-PW/BNSF
GV-XS/BNRR
ID-IT/BNRR
ID-IT/BNRR
PR-PC/BNRR
PR-PC/BNRR
PR-PC/BNRR
06/01/1973
WA, YELM
PR-PW/BNRR
12/16/1974
WA, ROY
PR-PC/BNRR
06/16/1976
WA, YELM
PR-PUBNRR
07/01/1981
WA, YELM
PR-PW/BNRR
06/23/1929
WA, YELM
GV-GN/BNRR
Page 2 -
EXHIBIT C
WA, YELM
PR-PUBNRR
Agreements Assigned in Full or in Part
PR-PW/BNRR
To the City of Yelm, Washington
PR-PUBNRR
WA, YELM
Contract Cancellation
Contract No.
Contractor(s) / Description
Date Date
NP 00013981.00
MURRAY, NELSON
07/22/1904
3/4 INCH WATER PIPELINE
NP 00019290.00
PACIFIC TELEPHONE & TELEGRAPH CO.
06/15/1914
ASSIGNED TO PACIFIC NORTHWEST BELL TELEPHONE CO.
ASSIGNED TO US WEST COMMUNICATIONS, INC.
MASTER GENERAL CROSSING AGMT.,
SUPPLEMENT NO. 660, OHD TELEPHONE WIRE LINE CROSSING, MP. 21+548
-LAW-NO.: 27737
NP 00038623.00
AVERY, G. A.
05/05/1922
ELECTRIC WIRE LINE CROSSING
NP 00040855.00
THURSTON COUNTY UTILITIES CO.
12/20/1923
OHD ELECTRIC WIRE LINE CROSSING, MP. 25+900
NP 00066454.00
PUGET SOUND POWER & LIGHT CO.
11/15/1946
ELECTRIC WIRE LINE, MP. 25+1705
NP 00095881.00
OLYMPIC PIPELINE CO.
05/01/1965
PETROLEUM PIPELINE CROSSING, MP. 21+607
NP 00095882.00
OLYMPIC PIPELINE CO.
05/01/1965
LONGITUDINAL PETROLEUM PIPELINE
NP 00096020.00
PUGET SOUND POWER & LIGHT CO.
07/01/1965
OHD ELECTRIC WIRE LINE CROSSING, MP. 21+548
NP•00097220.00
YELM, TOWN OF
06/01/1966
2 WATER PIPELINE CROSSINGS, MP. 25+917 & MP. 25+3965
NP 00097261.00
WASHINGTON NATURAL GAS CO.
07/01/1966
NATURAL GAS PIPELINE CROSSING, MP. 25+875
NP 00098040.00
PUGET SOUND POWER & LIGHT CO.
01/15/1967
OHD ELECTRIC WIRE LINE CROSSING, 25+178
Date: 11/01/2000
Contract
Location Type Code
WA, ROY PR-PUBNRR
SYSTEM PR-PW/BNRR
WA, ROY PR-PW/BNRR
WA, YELM PR-PW/BNRR
WA, YELM PR-PW/BNRR
WA, ROY
PR-PUBNRR
WA, YELM
PR-PUBNRR
WA, ROY
PR-PW/BNRR
WA, YELM
PR-PUBNRR
WA, YELM
PR-PUBNRR
WA, YELM
PR-PW/BNRR
Page 3
EXHIBIT C
Date Location
Type Code
Agreements Assigned in Full or in Part
PR-PW/BNRR
To the City of Yelm, Washington
PR-PUBNRR
WA, YELM
Contract
Contract No.
Contractor(s) / Description
Date
PX 85016048.00
YELM TELEPHONE CO.
07/08/1985
UGD LONGITUDINAL TELEPHONE CABLE, MP. 24+4235 & MP. 25+743
PX 92016225.00
YELM, CITY OF
12/01/1992
PIPELINE CROSSING, LS. 400, MP. 24.14
PX 92016226.00
YELM, CITY OF
12/01/1992
SEWER PIPELINE CROSSING, LS. 400, MP. 25.16
PX 93016233.00
PUGET SOUND POWER & LIGHT
11/16/1993
OHD ELECTRIC WIRE LINE, LS. 400, MP. 24.97
PX 94020688.00
YELM TELEPHONE CO.
12/23/1994
UGD CABLE CROSSING, LS. 400, MP. 24.98
PX 95021190.00
VIACOM CABLE
11/08/1995
UGD WIRE LINE CROSSING, LS. 400, MP. 25.15
Date: 11101/2000
Cancellation
Contract
Date Location
Type Code
WA, YELM
PR-PW/BNRR
WA, YELM
PR-PUBNRR
WA, YELM
PR-PUBNRR
WA, YELM
PR-PW/BNRR
WA, YELM
PR-PW/BNRR
WA, YELM
PR-PW/BNRR
l
QUITCLAIM DEED
THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY, a Delaware
corporation, Grantor, hereby donates, conveys and quitclaims to Grantee, CITY OF YELM, a
municipality in the State of Washington, without any covenants of warranty whatsoever and without
recourse to Grantor, its successors or assignees, all of Grantor's rights, title and interest, if any, in
real estate and improvements constituting Grantor's rail corridor between Milepost 20.99, in Roy,
Washington, and the southwestern end of this rail line corridor at or near Milepost 25.26, in Yelm,
Washington, which real estate and improvements are situated in Pierce and Thurston Counties,
Washington, the boundaries of which are more particularly described in Attachment 1, attached
hereto (hereinafter "Premises").
SUBJECT, however, to all existing interests in the Premises, including but not limited to all
reservations, easements and other encumbrances, of record or otherwise.
EXCEPTING AND RESERVING unto Grantor, its successors and assignees, a license for
99 years (or until any earlier date on which all rail service is abandoned on the rail line on the
Premises), to operate over such portion of track on the Premises at or near Roy, Washington as is
necessary or convenient to interchange rail traffic between Grantor and Grantee, or Grantee's
successor or assignee.
-1-
N:11aw.mkgldwwlcontractslyelm.quitclaim deed .
THE BURLINGTON NORTHERN AND SANTA FE
RAILWAY COMPANY
LIM
/�4, WWD
Peter4e Rickershauser
Vice President- Network Development
``ttuuutrrry,,
FATTEST:
Assistant-----
—2—
STATE OF TEXAS )
) ss.
COUNTY OF TARRANT )
On this 14L day of November, 2000, before me, the undersigned, a Notary Public in and for
the State of Texas, duly commissioned and sworn, personally appeared Peter I Rickershauser, Vice
President, Network Development, and an Assistant Secretary, respectively, of The Burlington
Northern and Santa Fe Railway Company, the corporation that executed the foregoing instrument,
and acknowledged the execution thereof to be the free and voluntary act and deed of such officer and
the voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on
oath stated that they are authorized to execute the foregoing instrument and that the seal affixed in
the corporate seal of said corporation.
Witness my hand and official seal affixed the day and year first above written.
SHARON U' ,OSSIER -Notary Public
* * SiA•rf OF TEXAS
By Coven. oi My commission expires: /S D
-3-
S� {
ATTACHEMENT 1
THE REAL ESTATE AND IMPROVEMENTS THAT CONSTITUTES THAT
PORTION OF THAT CERTAIN LINE OF RAILROAD DESIGNATED IN THE
RECORDS OF THE BURLINGTON NORTHERN AND SANTA FE RAILWAY
COMPANY'S (FORMERLY NORTHERN PACIFIC RAILWAY COMPANY) AS THE
LAKE VIEW SUBDIVISION, CONNECTING ROY (NEAR MILE POST 20.99) TO
YELM (NEAR MILE POST 25.56), WASHINGTON, THE REAL ESTATE VARYING
IN WIDTH ON EACH SIDE OF SAID RAILWAY COMPANY'S MAIN TRACK
CENTERLINE, AS ORIGINALLY LOCATED AND CONSTRUCTED UPON, OVER
AND ACROSS SECTIONS 4,9 AND 16, ALL IN TOWNSHIP 17 NORTH, RANGE 2
EAST OF THE WILLAMETTE MERIDIAN, PIERCE COUNTY, WASHINGTON,
AND SECTIONS 16, 17, 19 AND 20, ALL IN TOWNSHIP 17 NORTH, RANGE 2
EAST, W. M., THURSTON COUNTY, WASHINGTON, MORE PARTICULARLY
DESCRIBED AS FOLLOWS
PIERCE COUNTY
ALL THAT PORTION OF SAID RAILWAY COMPANY'S 100.0 FOOT WIDE
BRANCH LINE RIGHT OF WAY, BEING 50.0 FEET WIDE ON EACH SIDE OF
SAID MAIN TRACK CENTERLINE UPON, OVER AND ACROSS THE SEI/4NEI/a
AND THE SEI/a OF SAID SECTION 4, THE NEI/4NWI/4NEI/a OF SAID SECTION 9,
AND THE WESTERLY THREE-FOURTHS OF THE ISAAC BASTIAN DONATION
LAND CLAIM NO. 39, IN SAID SECTION 9, BOUNDED ON THE NORTH BY THE
NORTH LINE OF SAID SEI/4NEI/a, AND BOUNDED ON THE SOUTH BY THE
SOUTHWESTERLY BOUNDARY OF SAID ISAAC BASTIAN DONATION LAND
CLAIM NO. 39; ALSO,
AN ADDITIONAL STRIP 30 FEET IN WIDTH ON EACH SIDE OF, PARALLEL
WITH AND ADJACENT TO THE SOUTHERLY 1400 FEET OF THE
HEREINABOVE DESCRIBED 100.0 FOOT WIDE BRANCH LINE RIGHT OF WAY,
BEING THE SAME PROPERTY DESCRIBED IN WARRANTY DEED FROM
HENRY MURRAY, ET UX TO THE NORTHERN PACIFIC RAILWAY COMPANY
FILED FOR RECORD SEPTEMBER 6, 1902 IN BOOK 186 OF .DEEDS, PAGE 571 IN
AND FOR SAID COUNTY; ALSO,
ALL THAT PORTION OF SAID RAILWAY COMPANY'S 400.0 FOOT WIDE
BRANCH LINE RIGHT OF WAY, BEING 200.0 FEET WIDE ON EACH SIDE OF
SAID RAILWAY COMPANY'S MAIN TRACK CENTERLINE, AS ORIGINALLY
LOCATED AND CONSTRUCTED UPON, OVER AND ACROSS GOVERNMENT
LOTS" 1 AND 2 OF SAID SECTION 9, AND THE NI/i OF SAID SECTION 16,
BOUNDED ON THE NORTHEAST BY THE SOUTHWESTERLY BOUNDARY OF
SAID ISAAC BASTIAN DONATION LAND CLAIM NO. 39, IN SAID SECTION 9,
AND BOUNDED ON THE SOUTHWEST BY THE CENTER OF NISQUALLY
RIVER, ALSO BEING THE SOUTHERLY BOUNDARY OF PIERCE COUNTY.
THURSTON COUNTY
ALL THAT PORTION OF SAID RAILWAY COMPANY'S 400.0 FOOT WIDE
BRANCH LINE RIGHT OF WAY, BEING 200.0 FEET WIDE ON EACH SIDE OF
SAID RAILWAY COMPANY'S MAIN TRACK CENTERLINE, AS ORIGINALLY
LOCATED AND CONSTRUCTED UPON, OVER AND ACROSS GOVERNMENT
LOT 1 OF SAID SECTION 16, BOUNDED ON THE NORTHEAST BY THE CENTER
OF . NISQUALLY RIVER, ALSO BEING THE NORTHERLY BOUNDARY OF
THURSTON COUNTY, AND BOUNDED ON THE SOUTHWEST BY THE WEST
LINE OF SAID SECTION 16; ALSO,
ALL THAT PORTION OF SAID RAILWAY COMPANY'S 200.0 FOOT WIDE
BRANCH LINE RIGHT OF WAY, BEING 100.0 FEET WIDE ON EACH SIDE OF
SAID RAILWAY COMPANY'S MAIN TRACK CENTERLINE, AS ORIGINALLY
__.. ..
_LOCATED —AND--CONS-T-RUCTED_ -UFON;--OVER-AND-AC-ROSS—GOVER-NMEN-T--._--_
LOTS 4 AND 9 AND THE SWI/4NEI/a OF SAID SECTION 17, BOUNDED ON THE
NORTHEAST BY THE EAST LINE OF SAID SECTION 17, AND BOUNDED ON
THE SOUTHWEST BY THE SOUTH LINE OF SAID SWIANE1/a; ALSO,
ALL THAT PORTION OF SAID RAILWAY COMPANY'S 100.0 FOOT WIDE
BRANCH LINE RIGHT OF WAY, BEING 50.0 FEET WIDE ON EACH SIDE OF
SAID MAIN TRACK CENTERLINE UPON, OVER AND ACROSS THE NWI/4SE1/a
AND THE SWI/a OF SAID SECTION 17, THE NWIANWIA OF SAID SECTION 20,
AND THE NEA AND THE SEI/4SE1/4NW1/a OF SAID SECTION 19, BOUNDED ON
THE NORTHEAST BY THE NORTH LINE OF SAID NWI/4SE1/a OF SECTION 17,
AND BOUNDED ON THE SOUTHWEST BY THE SOUTH -LINE OF SAID
SEl/4SE%NW% OF SAID SECTION 19; ALSO,
A 30.0 FOOT WIDE CORRIDOR, BEING 15.0 FEET WIDE ON EACH SIDE OF
SAID MAIN TRACK CENTERLINE UPON, OVER AND ACROSS THE SWI/a OF
SAID SECTION 19, BOUNDED ON THE NORTHEAST BY THE NORTH LINE OF
SAID SWI/a, AND BOUNDED ON THE SOUTHWEST BY THE SOUTHWESTERLY
BOUNDARY OF THE PLATTED PORTION OF YELM, WASHINGTON, SAID
SOUTHWESTERLY BOUNDARY ALSO BEING THE NORTHEASTERLY
BOUNDARY OF THAT PORTION OF SAID RAILWAY COMPANY'S YELM TO
TENINO, WASHINGTON BRANCH LINE RIGHT OF WAY CONVEYED TO
THURSTON COUNTY, WASHINGTON BY QUITCLAIM DEED DATED AUGUST
14, 1996.
EXHIBIT B
BILL OF SALE
THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY (`BNSF")
hereby donates and conveys to CITY OF YELM all of BNSF's rights, title and interest to the
following unaffixed personal properly located on BNSF's rail corridor between Milepost 20.99 in
Roy, Washington and the end of this rail line at or near Milepost 25.26, in Yelm, Washington.
BNSF HEREBY DISCLAIMS ANY REPRESENTATION OR WARRANTY�WHETHER____ ________.
EXPRESS OF IMPLIED, AS TO THE DESIGN OR CONDITION OF ANY SUCH PERSONAL
PROPERTY HEREBY CONVEYED, ITS MERCHANTABILITY, OR ITS FITNESS FOR ANY
PARTICULAR PURPOSE. BNSF SHALL NOT BE LIABLE TO CITY OF YELM FOR ANY
INCIDENTAL OR CONSEQUENTIAL DAMAGES WITH RESPECT TO THE DESIGN,
CONDITION, QUALITY, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR
PURPOSE OF ANY OF THE PERSONAL PROPERTY CONVEYED HEREBY.
IN WITNESS WHEREOF, BNSF has caused this Bill of Sale to be executed by its duly
authorized representative this 16 qday of November, 2000.
THE BURLINGTON NORTHERN AND SANTA FE
RAILWAY COMPANY
By: )4, -
A -.D
Peter J.Atckershauser
Vice President- Network Development
NAlaw.mkg\dww\contracts\yelm bill of sale
ff
ATTACHEMENT 1
THE REAL ESTATE AND IMPROVEMENTS THAT CONSTITUTES THAT
PORTION OF THAT CERTAIN LINE OF RAILROAD DESIGNATED IN THE
RECORDS OF THE BURLINGTON NORTHERN AND SANTA FE RAILWAY
COMPANY'S (FORMERLY NORTHERN PACIFIC RAILWAY COMPANY) AS THE
LAKE VIEW SUBDIVISION, CONNECTING ROY (NEAR MILE POST 20.99) TO
YELM (NEAR MILE POST 25.56), WASHINGTON, THE REAL ESTATE VARYING
IN WIDTH ON EACH SIDE OF SAID RAILWAY COMPANY'S ' MAIN TRACK
CENTERLINE, AS ORIGINALLY LOCATED AND CONSTRUCTED UPON, OVER
AND ACROSS SECTIONS 4,9 AND 16, ALL IN TOWNSHIP 17 NORTH, RANGE 2
EAST OF THE WILLAMETTE MERIDIAN, PIERCE COUNTY, WASHINGTON,
AND SECTIONS 16, 17, 19 AND 20, ALL IN TOWNSHIP 17 NORTH, RANGE 2
EAST, W. M., THURSTON COUNTY, WASHINGTON, MORE PARTICULARLY
DESCRIBED AS FOLLOWS, TO -WIT:
PIERCE COUNTY
ALL THAT PORTION OF SAID RAILWAY COMPANY'S 100.0 FOOT WIDE
BRANCH LINE RIGHT OF WAY, BEING 50.0 FEET WIDE ON EACH SIDE OF
SAID MAIN TRACK CENTERLINE UPON, OVER AND ACROSS THE SEI/4NEI/a
AND THE SEI/4 OF SAID SECTION 4, THE NEI/4NWI/4NEI/a OF SAID SECTION 9,
AND THE WESTERLY THREE-FOURTHS OF THE ISAAC BASTIAN DONATION
LAND CLAIM NO. 39, IN SAID SECTION 9, BOUNDED ON THE NORTH BY THE
NORTH LINE OF SAID SEI/4NEI/a, AND BOUNDED ON THE SOUTH BY THE
SOUTHWESTERLY BOUNDARY OF SAID ISAAC BASTIAN DONATION LAND
CLAIM NO. 39; ALSO,
AN ADDITIONAL STRIP 30 FEET IN WIDTH ON EACH SIDE OF, PARALLEL
WITH AND ADJACENT TO THE SOUTHERLY 1400 FEET OF THE
HEREINABOVE DESCRIBED 100.0 FOOT WIDE BRANCH LINE RIGHT OF WAY,
BEING THE SAME PROPERTY DESCRIBED - IN WARRANTY DEED FROM
HENRY MURRAY, ET UX TO THE NORTHERN PACIFIC RAILWAY COMPANY
FILED FOR RECORD SEPTEMBER 6, 1902 IN BOOK 186 OF .DEEDS, PAGE 571 IN
AND FOR SAID COUNTY; ALSO,
ALL THAT PORTION OF SAID RAILWAY COMPANY'S 400.0 FOOT WIDE
BRANCH LINE RIGHT OF WAY, BEING 200.0 FEET WIDE ON EACH SIDE OF
SAID RAILWAY COMPANY'S MAIN TRACK CENTERLINE, AS ORIGINALLY
LOCATED AND. CONSTRUCTED UPON, OVER AND ACROSS GOVERNMENT
LOTS 1 AND 2 OF SAID SECTION 9, AND THE NIh OF SAID SECTION 16,
BOUNDED ON THE NORTHEAST BY THE SOUTHWESTERLY BOUNDARY OF
SAID ISAAC BASTIAN DONATION LAND CLAIM NO. 39, IN SAID SECTION 9,
AND BOUNDED ON THE SOUTHWEST BY THE CENTER OF NISQUALLY
RIVER, ALSO BEING THE SOUTHERLY BOUNDARY OF PIERCE COUNTY.
THURSTON COUNTY
ALL THAT PORTION OF SAID RAILWAY COMPANY'S 400.0 FOOT WIDE
BRANCH LINE RIGHT OF WAY, BEING 200.0 FEET WIDE ON EACH SIDE OF
SAID RAILWAY COMPANY'S MAIN TRACK CENTERLINE, AS ORIGINALLY
LOCATED AND CONSTRUCTED UPON, OVER AND ACROSS GOVERNMENT
LOT 1 OF SAID SECTION 16, BOUNDED ON THE NORTHEAST BY THE CENTER
OF NISQUALLY RIVER, ALSO BEING THE NORTHERLY BOUNDARY OF
THURSTON COUNTY, AND BOUNDED ON THE SOUTHWEST BY THE WEST
LINE OF SAID SECTION 16; ALSO,
ALL THAT PORTION OF SAID RAILWAY COMPANY'S 200.0 FOOT WIDE
BRANCH LINE RIGHT OF WAY, BEING 100.0 FEET WIDE ON EACH SIDE OF
SAID RAILWAY COMPANY'S MAIN TRACK CENTERLINE, AS ORIGINALLY
– ..--LOCATEID—AND--CONST-RUCTE-D--UPON,-.OVER_.AND- ACR-OSS--GOV-ER-NMENT.-_-.----._ . -- ..._.....
LOTS 4 AND 9 AND THE SWl/4NEI/4 OF SAID SECTION 17, .BOUNDED ON THE
NORTHEAST BY THE EAST LINE OF SAID SECTION 17, AND BOUNDED ON
THE SOUTHWEST BY THE SOUTH LINE OF SAID SWI/4NEI/a; ALSO,
ALL THAT PORTION OF SAID RAILWAY COMPANY'S 100.0 FOOT WIDE
BRANCH LINE RIGHT OF WAY, BEING 50.0 FEET WIDE ON EACH SIDE OF
SAID MAIN TRACK CENTERLINE UPON, OVER AND ACROSS THE NWI/aSEI/4
AND THE SWI/40F SAID SECTION 17, THE NWI/4NWI/4 OF SAID SECTION 20,
AND THE NEI/4 AND THE SEI/aSEI/4NWI/4 OF SAID SECTION 19, BOUNDED ON
THE NORTHEAST BY THE NORTH LINE OF SAID NWI/aSEI/4 OF SECTION 17,
AND BOUNDED ON THE SOUTHWEST BY THE SOUTH -LINE OF SAID
SEI/aSEI/4NWI/4 OF SAID SECTION 19; ALSO,
A 30.0 FOOT WIDE CORRIDOR, BEING 15.0 FEET WIDE ON EACH SIDE OF
SAID MAIN TRACK CENTERLINE UPON, OVER AND ACROSS THE SWI/40F
SAID SECTION 19, BOUNDED ON THE NORTHEAST BY THE NORTH LINE OF
SAID SWI/4, AND BOUNDED ON THE SOUTHWEST BY THE SOUTHWESTERLY
BOUNDARY OF THE PLATTED PORTION OF YELM, WASHINGTON, SAID
SOUTHWESTERLY BOUNDARY ALSO BEING THE NORTHEASTERLY
BOUNDARY OF THAT PORTION OF SAID RAILWAY COMPANY'S YELM TO
TENINO, WASHINGTON BRANCH LINE RIGHT OF WAY CONVEYED TO
THURSTON COUNTY, WASHINGTON BY QUITCLAIM DEED DATED AUGUST
14, 1996.
EXHIBIT C
Agreements Assigned to City of Yelm
In Whole or In Part
Page 1 EXHIBIT C
Agreements Assigned in Full or in Part
To the City of Yelm, Washington
Contract
Contract No. Contractor(s) / Description Date
BF 00010856.00 PUGET SOUND ENERGY, INC. 06/15/1999
06/16/1972
06/11/1973
12/30/1976
03/20/1985
06/16/1986
12/03/1993
06/01/1973
12/16/1974
06/16/1976
07/01/1981
06/23/1929
Cancellation
Date
Location
WA, YELM
Date: 11/0112000
Contract .
Type Code
PR-PW/BNSF
WA, YELM GV-XS/BNRR
WA, YELM
ELECTRIC WIRE LINE, LS. 52, MP. 23
WA, YELM
-CAT-NO.: 501101
BN 00002044.00
WASHINGTON, STATE OF
WA, ROY
IMPROVE CROSSING SIGNALS, MP. 25+2973
BN 00003302.00
MCLINS, INC.
CMO&O INDUSTRIAL TRACK & CROSSING, MP. 25+723
BN 00007218.00
HARSCO CORP.
M&O INDUSTRIAL SPUR TRACK, MP. 24+4010
CX 85016001.00
SILVASEED CO.
PRIVATE ROAD CROSSING, MP. 21+150
CX 86016044.00
PAISLEY, PATRICIA ANN & MARKUS, LEWIS H.
M&O ROAD CROSSING UNDER RR. BRIDGE NO. 22.1
CX 90016022.00
DROBOT, STEVE & DOROTHY M. AND
REEDER, RICHARD & LINDA L.
PRIVATE ROAD CROSSING; LS. 400, MP. 21.03
LC 00210734.00
YELM TELEPHONE CO.
OHD TELEPHONE WIRE CROSSING, MP. 25+854
LC 00216559.00
STRINGHAM, H. R.
PRIVATE CROSSING, MP. 21+150
LC 00221899.00
YELM, CITY OF
WATER PIPELINE CROSSING, MP. 25+917 .
LC 00238157.00
CABLE TV PUDGET SOUND, INC.
ASSIGNED TO VIACOM CABLEVISION, INC.
OHD TV CABLE CROSSING, MP. 25+3002
NP 00007349.00
CENTRALIA, CITY OF
PERMANENT SIPHON UNDERCROSSING, MP. 24+716
-LAW-NO.: 15024
06/16/1972
06/11/1973
12/30/1976
03/20/1985
06/16/1986
12/03/1993
06/01/1973
12/16/1974
06/16/1976
07/01/1981
06/23/1929
Cancellation
Date
Location
WA, YELM
Date: 11/0112000
Contract .
Type Code
PR-PW/BNSF
WA, YELM GV-XS/BNRR
WA, YELM
ID-IT/BNRR
WA, YELM
ID-IT/BNRR
WA, ROY
PR-PC/BNRR
WA, YELM
PR-PC/BNRR
WA, ROY
PR-PC/BNRR
WA, YELM
PR-PW/BNRR
WA, ROY
PR-PC/BNRR
WA, YELM
WA, YELM
WA, YELM
PR-PUBNRR
PR-PW/BNRR
GV-GN/BNRR
Page 2
EXHIBIT C
Date: 11/01/2000
Agreements Assigned in Full or in Part
To the City of Yelm, Washington
Contract Cancellation
Contract
Contract No.
Contractor(s) / Description
Date Date
Location
Type Code
NP 00013981.00
MURRAY, NELSON
07/22/1904
WA, ROY
PR-PUBNRR
3/4 INCH WATER PIPELINE
NP 00019290.00
PACIFIC TELEPHONE & TELEGRAPH CO.
06/15/1914
SYSTEM
PR-PW/BNRR
ASSIGNED TO PACIFIC NORTHWEST BELL TELEPHONE CO.
ASSIGNED TO US WEST COMMUNICATIONS, INC.
MASTER GENERAL CROSSING AGMT.,
SUPPLEMENT NO. 660, OHD TELEPHONE WIRE LINE CROSSING, MP. 21+548
-LAW-NO.: 27737
NP 00038623.00
AVERY, G. A.
05/05/1922
WA, ROY
PR-PW/BNRR
ELECTRIC WIRE LINE CROSSING
NP 00040855.00
THURSTON COUNTY UTILITIES CO.
12/20/1923
WA, YELM
PR-PW/BNRR
OHD ELECTRIC WIRE LINE CROSSING, MP. 25+900
NP 00066454.00
PUGET SOUND POWER & LIGHT CO.
11/15/1946
WA, YELM
PR-PW/BNRR
ELECTRIC WIRE LINE, MP. 25+1705
NP 00095881.00
OLYMPIC PIPELINE CO.
05/01/1965
WA, ROY
PR-PUBNRR
PETROLEUM PIPELINE CROSSING, MP. 21+607
NP 00095882.00
OLYMPIC PIPELINE CO.
05/01/1965
WA, YELM
PR-PUBNRR
LONGITUDINAL PETROLEUM PIPELINE
NP 00096020.00
PUGET SOUND POWER & LIGHT CO.
07/01/1965
WA, ROY
PR-PW/BNRR
OHD ELECTRIC WIRE LINE CROSSING, MP. 21+548
NP•00097220.00
YELM, TOWN OF
06/01/1966
WA, YELM -
PR-PUBNRR
2 WATER PIPELINE CROSSINGS, MP. 25+917 & MP. 25+3965
NP 00097261.00
WASHINGTON NATURAL GAS CO.
07/01/1966
WA, YELM
PR-PUBNRR
NATURAL GAS PIPELINE CROSSING, MP. 25+875
NP 00098040.00
PUGET SOUND POWER & LIGHT CO.
01/15/1967
WA, YELM
PR-PW/BNRR
OHD ELECTRIC WIRE LINE CROSSING, 25+178
Page 3
EXHIBIT C
Date Location
Type Code
Agreements Assigned in Full or in Part
PR-PWBNRR
To the City of Yelm, Washington
PR-PUBNRR
WA, YELM
Contract
Contract No.
Contractor(s) / Description
Date
PX 85016048.00
YELM TELEPHONE CO.
07/08/1985
UGD LONGITUDINAL TELEPHONE CABLE, MP. 24+4235 & MP. 25+743
PX 92016225.00
YELM, CITY OF
12/01/1992
PIPELINE CROSSING, LS. 400, MP. 24.14
PX 92016226.00
YELM, CITY OF
12/01/1992
SEWER PIPELINE CROSSING, LS. 400, MP. 25.16
PX 93016233.00
PUGET SOUND POWER & LIGHT
11/16/1993
OHD ELECTRIC WIRE LINE, LS. 400, MP. 24.97
PX 94020688.00
YELM TELEPHONE CO.
12/23/1994
UGD CABLE CROSSING, LS. 400, MP. 24.98
PX 95021190.00
VIACOM CABLE
11/08/1995
UGD WIRE LINE CROSSING, LS. 400, MP. 25.15
Date: 11/01/2000
Cancellation
Contract
Date Location
Type Code
WA, YELM
PR-PWBNRR
WA, YELM
PR-PUBNRR
WA, YELM
PR-PUBNRR
WA, YELM
PR-PW/BNRR
WA, YELM
PR-PW/BNRR
WA, YELM
PR-PW/BNRR
.eturn Address
'ity of Yelm
belly Badger
O Box 479
1elm, WA 98597
Document title(s) (or transactions ontained therein):
1. Quitclaim Deed�, l
l
Reference Number(s) ofDocuments assigned or released:
(on page of documents(s))
Grantor(s) (Last name, first name, middle initial)
1. Burlington Northern and Santa Fe Railway Company
2.
Grantee(s) (Last name, first name, middle initial)
1. City of Yelm
Legal Description ( abbreviated: i.e. lot, block, plat or section, township, range)
All that portion of The Burlington Northern and Santa Fe Railway Company's 100.0 foot
wide Roy to Yelm, Washington Branch Line right of way, now discontinued, over and across
the SW '/a of Section 19, Township 17N, Range 2 E of the WM, Thurston County,
Washington
Assessor's Property Tax Parcel/Account Number:
N/A
THE BURLINGTON NORTHERNAND�`SATA FE RAILWAY COMPANY a
Delaware corporation, Grantor, of 25°00 Lou Menk Drive, Fort Worth, Texas 76131-2830,
hereinafter called "Grantor", for and inconsideration of Ten and No/100 Dollars ($10.00) and
other good and valuable consideration, in hand paid, conveys and quitclaims, without any
covenants of warranty whatsoever and without recourse to the Grantor, its successors and
assigns, to CITY OF YELNI, a municipality in the State of Washington, hereinafter called
"Grantee",all of its right, title and interest, if any, in real estate, subject however to all existing
interests, including but not limited to all reservations, rights-of-,vay and easements, of record or
otherwise, situated in Thurston County, State of Washington, hereinafter called "Property".
together with all after acquired title of Grantor therein, described as follows:
All that portion of The Burlington Northern and Santa Fe Railway Company's (formerly
Northern Pacific Railway Company) 100.0 foot wide Roy to Yelm, Washington Branch Line
right of way, now discontinued, being 50.0 feet wide on each side of said Railway Company's
Main Track centerline, as originally located and constructed upon, over and across the SW 1/4 of
Section 19, Township 17 North, Range 2 East of the Willamette Meridian, Thurston County,
Washington, bounded on the Northeast by the North line of said SW ,4, and bounded on the
Southwest by the Southwesterly boundary of the platted portion of Yelm, Washington, said
Southwesterly boundary also being the Northeasterly boundary of that portion of said Railway
Company's Yelm to Tenino, Washington branch line right of way conveyed to Thurston County,
Washington by quitclaim deed dated August 14, 1996, excepting therefrom, a 30.0 foot wide
corridor, being 15.0 feet «vide on each side of said Main Track centerline upon, over and across
the SW '/4 of said Section 19.
SUBJECT, however, to all existing interests, including but not limited to all
reservations, rights-of-way and easements of record or otherwise.
GRANTEE has/have been allowed to make an inspection of the Propertm1 and has
knowledge as to the past use of the Property. Based upon this inspection and knowledge,
GRANTEE is/are aware of the condition of the Property and GRANTEE ACKNOWLEDGES
THAT GRANTEE IS/ARE PURCHASING THE PROPERTY IN AN "AS -IS NVITH ALL
FAULTS" BASIS WITH ANY AND ALL PATENT AND LATENT DEFECTS AND
THAT GRANTEE IS/ARE NOT RELYING ON ANY REPRESENTATION OR
WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WHATSOEVER FROM
GRANTOR AS TO ANY MATTERS CONCERNING THE PROPERTY, including the
physical condition of the Property and any defects thereof, the presence of any hazardous
substances, wastes or contaminants in, on or under the Property, the condition or existence of any
of the above ground or underground structures or improvements in, on or under the Property, the
condition of title to the Property, and the leases, easements or other agreements affecting the
Property. GRANTEE is/are aware of the risk that hazardous substances and contaminants may
be present on the Property, and indemnifies, holds harmless and hereby waives, releases and
discharges forever Grantor from any and all present or future claims or demands, and any and all
damages, loss, injury, liability, claims or costs, including fines, penalties and judgments, and
attorney's fees, arising from or in any way related to the condition of the Property or alleged
presence, use, storage, generation, manufacture, transport, release, leak, spill, disposal or other
handling of any hazardous substances or contaminants in, on or under the Property. Losses shall
include without limitation (a) the cost of any investigation, removal, remedial or other response
action that is required by any Environmental Law, that is required by judicial order or by order of
or agreement with any governmental authority, or that is necessary or otherwise is reasonable
under the circumstances, (b) capital expenditures necessary to cause the Grantor's remaining
Property or the operations or business of the Grantor on its remaining Property to be in
compliance with the requirements of any Environmental Law, (c) Losses for injury or death of
any person, and (d) Losses arising under any Environmental Law enacted after transfer. The
rights of Grantor under this section shall be in addition to and not in lieu of any other rights or
remedies to which it may be entitled under this document or otherwise. This indemnity
specifically includes the obligation of GRANTEE to remove, close, remediate, reimburse or
take other actions requested or required by any governmental agency concerning any hazardous
substances or contaminants on the Property.
The term "Environmental Law" means any federal, state or local statute, regulation, code,
rule, ordinance, order, judgment, decree, injunction or common law pertaining in any way to the
protection of human health or the environment, including without limitation, the Resource
Conservation and Recovery Act, the Comprehensive Environmental Response, Compensation
and Liability Act, the Toxic Substances Control Act, and any similar or comparable state or local
law.
The term "Hazardous Substance" means any hazardous, toxic, radioactive or infectious
substance, material or waste as defined, listed or regulated under any Environmental Law, and
includes without limitation petroleum oil and any of its fractions.
TO HAVE AND TO HOLD the Property unto the said Grantee, its successors and
assigns, forever.
2
IN WITNESS WHEREOF, the said Grantor caused this instrument to be signed by its
authorized representative, attested by its Assistant Secretary, and its corporate seal to be affixed
hereto on the 14th day of November, 2000.
STATE OF TEXAS §
ss.
COUNTY OF TARRANT
THE BURLINGTON NORTHERN AND
SANTA FE RAILWAY COMPANY
By: AV
. P. Schneider
Director Real Estate
ATTEST:
By:J�
Patricia Zbichors
Assistant Secretary
On this day of 2000 before me, the
undersigned, a Notary Public in and for the State of Texas, duly commissioned and sworn,
personally appeared D. P. Schneider and Margaret R. Aclin, to me known to be the General
Director Real Estate and Assistant Secretary, respectively, of The Burlington Northern and Santa
Fe Railway Company, the corporation that executed the foregoing instrument, and acknowledged
the said instrument to be the free and voluntary act and deed of said corporation, for the uses and
purposes therein mentioned, and on oath stated that they are authorized to execute the said
instrument and that the seal affixed is the corporate seal of said corporation.
Witness my hand and official seal hereto affixed the day and year first above written.
NADINE M GRANDI
Notary Public
STATE OF TEXAS
(3MY
Catton, Exp. 06/05/2004
Notary Public in and for the State of Texas
Residing at: Fort Worth, Texas
My appointment expires: 0 &16,S`/a6'0'/
A
EXHIBIT "A"
THAT PORTION OF THE BURLINGTON NORTHERN AND SANTA FE RAILWAY
COMPANY'S (FORMERLY NORTHERN PACIFIC RAILWAY COMPANY) 100.0
FOOT WIDE ROY TO YELM, WASHINGTON BRANCH LINE RIGHT OF WAY,
NOW DISCONTINUED, BEING 50.0 FEET WIDE ON EACH SIDE OF SAID
RAILWAY COMPANY'S MAIN TRACK CENTERLINE, AS ORIGINALLY
LOCATED AND CONSTRUCTED UPON, OVER AND ACROSS THE SWIA OF
SECTION 19, TOWNSHIP 17 NORTH, RANGE 2 EAST OF THE WILLAMETTE
MERIDIAN, THURSTON COUNTY, WASHINGTON, BOUNDED ON THE
NORTHEAST BY THE NORTH LINE OF SAID SWI/a, AND BOUNDED ON THE
SOUTHWEST BY THE SOUTHWESTERLY BOUNDARY OF THE PLATTED
PORTION OF YELM, WASHINGTON, SAID SOUTHWESTERLY BOUNDARY
ALSO BEING THE NORTHEASTERLY BOUNDARY OF THAT PORTION OF SAID
RAILWAY COMPANY'S YELM TO TENINO, WASHINGTON BRANCH LINE
RIGHT OF WAY CONVEYED TO THURSTON COUNTY, WASHINGTON. BY
QUITCLAIM DEED DATED AUGUST 14, 1996, EXCEPTING THEREFROM, A
30.0 FOOT WIDE CORRIDOR, BEING 15.0 FEET WIDE ON EACH SIDE OF SAID
MAIN TRACK CENTERLINE UPON, OVER AND ACROSS THE SWIA OF SAID
SECTION 19.
City of Yelm
Attn: Ms. Dana Spivey
PO Box 479
Yelm, WA 98597
RE. Original Quit Claim Deed between Burlington Northern & Santa Fe Railway Company
and the City of Yelm
Dear Dana:
Enclosed please find the original above referenced document. Please note that this original deed
was not filed with the Thurston County Auditor's Office per Shelly Badger's instructions.
Should you have any questions or concerns to the above or attached, please do not hesitate to
contact me. I remain...
Very truly yours,
OWENS DAVIES, S.
Brent F. Dille
/tek
nclosure
CA4\BFD\Ye1m\D.Spivey Itr 02212006.doc
- ---- --
OWENS DAVM S, P.S.
s'; FEB 2 2 2006
Attorneys at Law
I,
Frank J. Owens
Street Address: r
Richard G. Phillips, Jr.
926-- 24`h Way-S.W._,. __
Brian L. Budsberg
Olympia, Washington 98502`
Michael W. Mayberry
Kirk M. Veis
Matthew B. Edwards
Mailing Address:
Brent F. Dille
P. O. Box 187
Belle S. Na
Olympia, Washington 98507
Arthur L. Davies (Retired)
Phone (360) 943-8320
Burton R. Johnson (1970)
Facsimile (360) 943-6150
February 21, 2006
City of Yelm
Attn: Ms. Dana Spivey
PO Box 479
Yelm, WA 98597
RE. Original Quit Claim Deed between Burlington Northern & Santa Fe Railway Company
and the City of Yelm
Dear Dana:
Enclosed please find the original above referenced document. Please note that this original deed
was not filed with the Thurston County Auditor's Office per Shelly Badger's instructions.
Should you have any questions or concerns to the above or attached, please do not hesitate to
contact me. I remain...
Very truly yours,
OWENS DAVIES, S.
Brent F. Dille
/tek
nclosure
CA4\BFD\Ye1m\D.Spivey Itr 02212006.doc
Page 1 of 2
Dana Spivey
From: Shelly Badger
Sent: Friday, February 17, 2006 3:49 PM
To: Stephanie Ray
Cc: Dana Spivey
Subject: RE: Stevens NW Meeting - Brent
Let's try to keep the street project separate from the RR deed recording project (we can
only try....). So with that, I think that Brent could review the deeds and answer just that
question. DANA LOU, could you get copies of both the purchase and donation
paperwork of which each has a legal associated with it to Stephanie. The danger of this
approach is IF the piece associated with the street project is NOT incorporated on the
legal descriptions that Taro is working on getting recorded. If that is the case, I say, pay
2 attorneys to hook up and figure this thing out, so we can all be done with it!
I will still ask Brent to contact Taro on his concerns with recent case law and RR deeds.
Thanks, Shelly
From: Stephanie Ray
Sent: Friday, February 17, 2006 3:36 PM
To: Shelly Badger
Subject: RE: Stevens NW Meeting N Brent
Ok, sounds good! I think the biggest question now is whether or not the quit claim deeds include this parcel? That
would be a direct question we would need answered by an attorney? Do you want me to ask Brent this or should
we ask Tarro?
From: Shelly Badger
Sent: Friday, February 17, 2006 3:23 PM
To: Stephanie Ray
Cc: Dana Spivey
Subject: RE: Stevens NW Meeting - Brent
Dana has been working with Taro and he can take care of the recording for us, so she is
gathering the original paperwork (quit claim deeds, she found the last one needed!) and
sending them to Taro. He is "dialed in" with BNSF people and will know how to handle
the whole penalty issue for them not being recorded at the time of purchase. I agree,
Taro and Brent need to work on this issue together, so Brent can share his concerns
with Taro. From Brent's voice mail to me this afternoon, I will send Brent an e-mail
asking that he call Taro.
....Dana, could you let Taro know that our City Attorney may be contacting him with
some questions related to the deeds?
From: Stephanie Ray
Sent: Friday, February 17, 2006 3:04 PM
To: Shelly Badger
2/17/2006