Wye Track Bill of SaleBILL OF SALE
BNSF RAILWAY COMPANY, a Delaware corporation ("BNSF"), with an address of 2301 Lou Menk
Drive, GOB 3-W, Fort Worth, Texas 76131, in consideration of Ten Dollars ($10.00) and other good and
valuable consideration to it paid by CITY OF KALISPELL, a municipality formed under the laws of the State
of Montana ("Grantee"), with an address of with its principal office at 201 First Ave E, Kalispell, MT 59901,
receipt whereof is hereby acknowledged, has quitclaimed, assigned, transferred and delivered and by these
presents does hereby quitclaim, sell, assign, transfer and deliver unto the Grantee, without any covenants
of warranty whatsoever and without recourse to BNSF, all of its right, title and interest, if any, in and to all
improvements (including bridges, culverts, ballast and earthworks) located on, or otherwise affixed to, the
Real Property (as defined below), together with all other objects located on or affixed to the Real Property
(such improvements and other objects being referred to collectively as the "Personal Property"), presently
used in the operation and maintenance of the rail corridor located on or along the real property at or near
the City of Kalispell in the County of Flathead, State of Montana, such real property being quitclaimed to
Grantee pursuant to that certain Quitclaim Deed of even date herewith and more particularly described in
Exhibit A attached hereto ("Real Property"); provided that the Personal Property shall further include any
rail, ties, spikes, tie plates, rail anchors, signaling and communications equipment, crossings and crossing
equipment, signage, roundhouses, depots, and other support facilities, track materials and supplies,
whether or not same are deemed affixed to the Real Property.
Notwithstanding the foregoing or anything contained herein to the contrary, however, to the extent
any items of Personal Property remaining on the Real Property are owned by any third party (e.g., crossing
equipment owned in whole or in part by a governmental authority), said interests shall not be conveyed
unto Grantee.
Grantee has fully examined and inspected the Personal Property, and has in all respects accepted
and approved the same and all parts and appurtenances thereof. Grantee acknowledges and agrees that
BNSF has made no representations or warranties respecting the nature or condition of the Personal
Property. BNSF HEREBY DISCLAIMS ANY REPRESENTATION OR WARRANTY, WHETHER
EXPRESS OR IMPLIED, AS TO THE DESIGN OR CONDITION OF THE PERSONAL PROPERTY, ITS
MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE, THE QUALITY OF THE
MATERIAL OR WORKMANSHIP OF THE PERSONAL PROPERTY, THE CONFORMITY OF THE
PERSONAL PROPERTY TO ITS INTENDED USES OR THE QUALITY OF THE TITLE TO THE
PERSONAL PROPERTY. BNSF SHALL NOT BE LIABLE TO GRANTEE FOR ANY INCIDENTAL OR
CONSEQUENTIAL DAMAGES (INCLUDING STRICT LIABILITY IN TORT) WITH RESPECT TO THE
DESIGN, CONDITION, QUALITY, SAFETY, MERCHANTABILITY OR FITNESS FOR ANY
PARTICULAR PURPOSE, OF THE PERSONAL PROPERTY OR THE CONFORMITY OF THE
PERSONAL PROPERTY TO ITS INTENDED USES. GRANTEE ACCEPTS THE PERSONAL
PROPERTY IN "AS IS, WHERE IS" AND "WITH ALL FAUL TS" CONDITION, AND SUBJECT TO ALL
LIMITATIONS ON BNSF'S RIGHTS, INTEREST, AND TITLE TO THE PROPERTY COMPRISING THE
PERSONAL PROPERTY.
TO HAVE AND TO HOLD, together with all appurtenances thereunto belonging to the Grantee, its
successors and assigns, forever.
IN WITNESS WHEREOF, BNSF has caused this Bill of Sale to be signed by its duly authorized
officers this 28th day of May 2025.
Signed In Counterparts
BNSF:
BNSF Railway Company, a Delaware Corporation
By:-----------
Print Name: Cary Hutchings
Title: ___________ _
Director Real Estate
Accepted:
GRANTEE:
CITY OF KALISPELL, a municipality formed under the laws
of the State of Montana r r-;) ~ By: ,,,,,..~~, ,<_~~
Print Nae: ,r}Sot.-c: ,-{ ~ s: ft! i I
Title: Q,'11 f\~"'\'\ 5 u-
IN WITNESS WHEREOF, BNSF has caused this Bill of Sale to be signed by its duly authorized
officers this Ja Hr day of ll/A rl , 2025. • I
BNSF:
By: __ ___._--¥-+Jf--""=-""""=------
Print Name: Car 1Hutchings
Title : ____________ _
Director Real Estate
Accepted:
GRANTEE:
CITY OF KALISPELL, a municipality formed under the laws
of the State of Montana
By: ------------
Print Name: __________ _
Title : ____________ _
TRACT 1
EXHIBIT A
Legal
A PARCEL OF LAND CONTAINING FIVE PARCELS OF LAND AS DESCRIBED IN BOOK 200, PAGE
198; PARCEL 2 OF COS No. 18486; BOOK 35, PAGE 560; BOOK 35, PAGE 561; BOOK 35, PAGE 562
AND BOOK 35, PAGE 559 LOCATED IN NE1/4 AND NE1/4SE1/4 OF SECTION 13, T. 28 N., R. 22 W.
P.M. MONTANA, FLATHEAD COUNTY, DESCRIBED AS FOLLOWS:
COMMENCING FROM THE NE CORNER OF SAID SECTION 13; THENCE S01°01'39"W, 46.95 FEET
ALONG THE EAST LINE OF SAID SECTION 13 TO THE NORTHERLY LINE OF BNSF RIGHT-OF-
WAY; THENCE S76°03'07"W, 31.05 FEET ALONG THE NORTHERLY LINE OF BNSF RIGHT-OF-WAY
LINE TO THE WEST LINE OF SOUTH MERIDIAN ROAD BEING THE POINT OF BEGINNING:
THENCE S01°01'39"W, 103.52 FEET ALONG THE WEST LINE SAID SOUTH MERIDIAN ROAD TO
THE SOUTHERLY LINE OF BNSF RIGHT-OF-WAY; THENCE S76°03'07"W, 358.82 FEET ALONG THE
SOUTHERLY LINE OF BNSF RIGHT-OF-WAY LINE; THENCE ALONG A TANGENT CURVE TO THE 1
LEFT HAVING A RADIUS OF 713.95 FEET, ARC LENGTH OF 1077.54 FEET, DELTA ANGLE OF
86°28'28", CHORD BEARING OF S32°48'53"WAND CHORD DISTANCE OF 978.14 FEET ALONG THE
EASTERLY LINE OF BNSF RIGHT-OF-WAY; THENCE S10°25'21"E, 2366.04 FEET ALONG THE
EASTERLY LINE BNSF RIGHT-OF-WAY TO THE NORTHWESTERLY RIGHT-OF-WAY LINE OF FOYS
LAKE ROAD; THENCE S32°51'23"W, 145.87 FEET ALONG THE NORTHWESTERLY RIGHT-OF-WAY
LINE OF SAID FOYS LAKE ROAD TO THE WESTERLY LINE OF BNSF RIGHT-OF-WAY; THENCE
N10°25'21"W, 2472.24 FEET ALONG THE WESTERLY LINE OF BNSF RIGHT-OF-WAY; THENCE
ALONG A TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 813.95 FEET, ARC LENGTH OF
180.90 FEET; DEL TA ANGLE OF 12°44'02", CHORD BEARING OF N04°03'20"W AND CHORD
DISTANCE OF 180.53 FEET ALONG THE WESTERLY BNSF RIGHT-OF-WAY LINE; THENCE ALONG
A NON-TANGENT COMPOUND CURVE TO THE LEFT HAVING A RADIUS OF 548.69 FEET; ARC
LENGTH OF 662.93 FEET, DEL TA ANGLE OF 69°13'33", CHORD BEARING OF N52°42'34"W AND
CHORD DISTANCE OF 623.34 FEET ALONG THE SOUTHWESTERLY LINE OF BNSF RIGHT-OF-
WAY; THENCE S76°03'07"W, 319.97 FEET ALONG THE SOUTHERLY LINE OF BNSF RIGHT-OF-
WAY TO THE SOUTHWEST CORNER OF SAID PARCEL 2; THENCE N13°56'53"W, 100.00 FEET
ALONG THE WEST LINE OF SAID PARCEL 2 TO THE NW CORNER OF SAID PARCEL 2; THENCE
N76°03'07"E, 1877.19 FEET ALONG THE NORTHERLY LINE OF BNSF RIGHT-OF-WAY TO THE
POINT OF BEGINNING OF SAID PARCEL CONTAINING 14.69 ACRES.