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DE 2005 03-14RECORDING # 214789 RAILROAD R/W- MONTANA CITY z . Date: April 1, 2004 k THE BURLINGTON NORTHERN and SANTA FE RAILWAY COMPANY Sy` Property and Facilities Management 2500 Lou Menk Drive, AOB 3 Fort Worth, TX 76131-2830 RE: Montana City, Montana Reversionary Railroad Right of Way GENTLEMAN: The Jefferson County Commission, County of Jefferson State of Montana,hereinafter called "Buyer", does hereby make an offer to acquire all of The Burlington Northern and Santa Fe Railway Company's interest in a right-of-way in Montana City , Montana under the threat of the Buyer exercising its power of Eminent Domain. The Buyer hereby acknowledges that it is acquiring all the BNSF RW Company's reversionary interest acquired by BNSF RW Co. or its predecessors in interest in Montana City , Jefferson County, State of Montana as shown on Exhibit "A", attached hereto and by this reference made a part hereof. The Buyer does hereby request that BNSF RW Co. issue a quitclaim deed for the purpose of releasing its interest in the subject reversionary right-of-way for an administrative fee of $ 2, 500.00. The Buyer will be responsible for any outstanding taxes and costs for survey, abstract, title insurance, documentary stamps etc. The Buyer further agrees to indemnify BNSF RW Co. from future responsibility for the construction and maintenance of any railroad fences, snow fences, road crossing, cattle guards, gates, farm crossings, building and drainage or irrigation pipes located on or adjacent to the right-of-way interest being released. By acceptance of the quitclaim deed the Buyer will acknowledge that a material consideration for the conveyance, without which it would not be made, is the agreement by the County and assigns, that the BNSF RW Co., its predecessors, successors, and assigns shall be in no manner responsible to the Buyer, any subsequent owner, purchaser, or any person interested therein for any and all claims, demands, damages, causes of action including loss of access, or suits regarding the quiet and peaceable possession of such premises, title, thereto, or condition thereof. Sincerely: BY:` iy,''.� f -��> �j<-G_� Date: S �% Title: Shown below is my (our) name (s) and address as it (they) should appear in the deed of release. NAME: �..1 �-C L L�� Z,/n'�L. , ADDRESS: �'n.. ✓L"X "� .•� TELEPHONE: ACCEPTED: THE/BBURLINGTON NORTHERN and SANTA FE RAILWAY COMPANY By: 'e ` �, Date. )C h I I 0`t 214789 Fee$ .00 Title: jjaagpr Re SIe'C'i JEFFERSON COUNTY Recorded 03/14/2005 At 02:00 PM BON E R E Irk R order By Deputy U) 214789 Fee$ .00 JEFFERSON COUNTY cx + Recorded 03/14/2005 At 02:00 PM BONNIE RAMEY, Clerk and Recorder 0 .9 By Deputy 7L a 5�` V / Z � V - 1 o , 0 . h 0 m `b IV `/v y.� Q T`/ °:z1A 14 l 3 �� ry'��•... '- i ' �::':i/.I .I EXHIBIT .A. . . ...� THE BURLINGTON NORTHERN AND SANTA FE RY. CO. INDICATES SALE AREA CONTAINING 0,$0 AC SCALZJ!a 0/ DATE AF9#04-9(50 DIVISION SDBDIV. C M.P. LINE SEGNENT� - / i GRANTEE-Jr Aej�[-2un lV IPURPOSE DRAWING NO. 13N&5d_t0-37 t T d � �