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Contract Number: BF-20583561 <br /> <br /> <br />2 of 59 <br /> <br />EXHIBIT “B” <br /> <br />MEMORANDUM OF EASEMENT <br /> <br /> <br /> THIS MEMORANDUM OF EASEMENT is hereby executed this ________ day of_________________, <br />2025, by and between BNSF RAILWAY COMPANY, a Delaware corporation ("Grantor"), whose address for <br />purposes of this instrument is 2500 Lou Menk Drive, Fort Worth, Texas 76131, and CITY OF HUGO, a political <br />subdivision of the State of Minnesota("Grantee"), whose address for purposes of this instrument is <br />_________________________________, which terms "Grantor" and "Grantee" shall include, wherever the context <br />permits or requires, singular or plural, and the heirs, legal representatives, successors and as signs of the respective <br />parties: <br /> <br /> <br />WITNESSETH: <br /> <br /> <br /> WHEREAS, Grantor owns or controls certain real property situated in Washington County, Minnesota as <br />described on Exhibit "A" attached hereto and incorporated herein by reference (the "Premises'); <br /> <br /> WHEREAS, Grantor and Grantee entered into an Easement Agreement, dated <br />_____________________________, 2025 (the "Easement Agreement") which set forth, among other things, the <br />terms of an easement granted by Grantor to Grantee over and across the Premises (the "Easement"); and <br /> <br /> WHEREAS, Grantor and Grantee desire to memorialize the terms and conditions of the Easement <br />Agreement of record. <br /> <br /> For valuable consideration the receipt and sufficiency of which are hereby acknowledged, Grantor does grant <br />unto Grantee and Grantee does hereby accept from Grantor the Easement over and across the Premises. <br /> <br /> The term of the Easement, unless sooner terminated under provisions of the Easement Agreement, shall be <br />perpetual. <br /> <br /> All the terms, conditions, provisions and covenants of the Easement Agreement are incorporated herein by <br />this reference for all purposes as though written out at length herein, and both the Easement Agreement and this <br />Memorandum of Easement shall be deemed to constitute a single instrument or document. This Memorandum of <br />Easement is not intended to amend, modify, supplement, or supersede any of the provisions of the Easement <br />Agreement and, to the extent there may be any conflict or inconsistency between t he Easement Agreement or this <br />Memorandum of Easement, the Easement Agreement shall control. <br /> <br /> <br /> <br />END OF PAGE – SIGNATURE PAGE FOLLOWS <br />Easement - Exhibit B Form 704CM; Rev. 03/23/2019 <br /> <br /> <br /> <br /> <br /> <br />