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Home My WebLink About9201310370 CONSTRUCTION EASEMENT 013192i*Y CLERK'S OFFICE CI''Y Or AUBURN 2'.5 West Main Auburn, WA 98001 CONSTRUCTION EASEMENT (CORPORATE) THIS EASEMENT, made this 25th day of November , 19 1, between the CITY OF AUBURN, a municipal corporation of King county, state of Washington, hereinafter termed "Grantee", and Be P. Oil Company, formerly SOHIO Oil Company, an Ohio Corporation, "Grantor". WITNESSETH: The Grantor does hereby grant* unto the Grantee and its authorized agents a temporary right-of-way or easement to be used only during construction of Auburn Way South, "M" Street S.E. and 17th Street S.E. on adjacent property; said temporary easement shall terminate December 31, 1992. The said temporary right-of-way or easement shall be through and across the following described property situated in King County, Washington, more particularly described as follows: SEE APPENDIX "A" AND APPENDIX "B", ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. C~ C~ a M IN WITNESS WHEREOF, said instrument to be executed by corporate seal to be hereunto November, 1.991 corporation has caused this its proper officers and its affixed this 25th day of BP OIL COMPANY By 1 l B. T. Werner, Manager Real Estate -Ua- l Development APPROV, EC ylt_ AS TO FORh4 At t e s i AS TO M. J W ig , Assistant Secretary FORM•SM EXCISE TAX NOT REQUIRED STATE OF OHIO ) King Co, Records Division ss. COUNTY OF CUYAHOGA) `1B-- , Deputy On this 25th day of November, 1991 , before me, the undersigned, a Notary Public in and for the State of Ohio , duly commissioned and sworn, personally appeared B. T. Werner and M. J. Wright to me known to be the Manager Real Estate & Market Development and Assistant Secretary, respectively, of B. P. oil 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. SHERRY D EAU PUBLIC I AND FOR THE STATE OF Notary Public -State of Ohio. Cup. Cty; NOTARY IAY commisslon Expires September 13, 194 Ohio , RESIDING AT Cuyahoga County It Subject to the conditions and covenants set forth in appendix "C" attached hereto and made a part hereof. \ls REF. ST291\E91-1282 00'TT Nd S00 5980338 A1403 9NIN Nd 00:92:90 OZEO-TE1026 APPENDIX A: PARCEL DESCRIPTION LOCATED IN THE COUNTY OF KING, STATE OF WA.SHIHGTOH, AND MORE PARTICOTaRLY DESCRIBED AS FOLtM: THAT PORTION OT TIM EAST KAU OF TIE S07rXVF.ST QUARTER OF THE NOR'Imr ST QUARTER Or SECTION 19, 2OWKSiNIP 22 NORTH, RANGE 5 EAST, W.M., IN lag(; COUNTY, 'WASHINGTON, DESCRIBED AS FOLLOWS: CO?DiENCING AT THE CENTER OF SAID SECTION 19; THENCE NORTH 89 DEGREES 38' 35" FAST 1322.96 FEtiT; THENCE NORTH 10 DEGREES 40' 28" WPS'T 30.55 FEET TO THE NORTHERLY BOUNDARY OF 17TH STREET SOUTHEAST, SAID POINT ALSO BEING ON TiM WzSTrRLY BOUNDARY OF "M" STREET SOUTHEAST AS SAID BOUNDARY IS DESCRIBED IN DEED RECORDED JULY 24, 196R, UNDER AUDITOR'S FILE NO. 6207746, SAID POINT ALSO BEING THE TRUE POINT OF BEGINNINGN THENCE SOUTH 49 DEGREES 38' 35" WEST ALONC SAID NORTHERLY BOUNDARS OF 17TH STREET A DISTANCE OF 156.00 FZST TO THE SOUTHZASTERLY CORNER OF A TRACT DESCRIBED IN INSTRUMENT RECORDED UNDER AUDITOR'S FILE NO. 6283971; THENCE AT RSGBT AMGL.LS TO SAID NORTHERLY imm NORTH oo DEGREES 21126" WEST 84.60 FEET; TMCE.NORTH 43 DEGRtE► 03' 45- WEST 36.86 FEM TKMCZ NORTH 0 DWREES 21'25" WEST 30.00 FEET; THENCE NORTH 35 DEGREES 24000" EAST 102.54 FEET TO THE SOUTHWESTERLY BOUNDARY Or THE AUBURN ZNUHCLAW HIGHWAY, STATE ROAD NO. 164 -AUBURN WAY SOUTH" T THENCE SOUTH 43 DEGREES 03'48" EAST ALONG SAID C'""') SOOTHW?STERLY BOUNDARY 147.18 FEET TO THE AFORESAID WESTERLY BOUNDARY OF "M" STREET SOUTHEAST: THENCZ SOUTH 20 DEGREES 40'28- ( EAST ALONG SAID WESTERLY LINE 118.67 FEET TO THE NORTHERLY (y BOUNDARY or 17TH ST.= SOUTHEAST AND THE TRUE POINT or CTS BEGINNING. EXCEPT THAT PORTION OF SAID PRFZSISEs %**NvEYED TO CITY or AUBURN FOR ROAD PURPOSES UNDER AUDITOR'S FILE NO. 7611080472. TOGS' mm WITH AN EASE7ENT FOR INGRESS, EGRESS AND UTILITIES OVER THE FOLIMNG DESCRIBED TRACT: BEGINNING AT A POINT DISTANT SOUTH 35 DEGREES 24'00' WEST $9.76 FEET FROM THE MOST NORTHERLY CORNER OF THE ABOVE DESCRIBED MAIN TRACTt TtiF3WCC NORTH 35 DEGREES 24100" EAST 59.76 FEET TO SAID NORTHERLY CORNER; THENCE NORTH 43 DEGREES 03' 45" WEST 30.00 FEET t Tt=CE' SOUTH 46 DECREES S60150 WEST 19.83 FEET TO A POINT WHICH BEARS NORTH 00 DEGREES 21125" WEST FROM THE POINT OF BEGX)rNZZNC; THENCE SOUTH 0 DEGREES 12'25" EAST 57.09 FEET TO THE POINT OF BF.CIIWNTNG. ALSO NNOWN AS: 1111 17TH STRL'ET, Alirlu t, WA. APPENDIX B: CONSTRUCTION EASEMENT DESCRIPTION A 10 FOOT WIDE STRIP OF LAND, THE EASTERLY BOUNDARY OF WHICH IS DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST NORTHERLY CORNER OF THE ABOVE DESCRIBED MAIN TRACT (EXHIBIT "A"), SAID POINT ALSO LYING ON THE SOUTHWESTERLY BOUNDARY OF THE AUBURN ENUMCLAW HIGHWAY, STATE ROAD NO.' 164 "AUBURN WAY SOUTH", THENCE SOUTH 43° 03'45- EAST ALONG SAID BOUNDARY FOR A DISTANCE OF 120 FEET TO THE TRUE POINT OF BEGINNING, THENCE ON A CURVE TO THE RIGHT, SAID CURVE HAVING A RADIUS OF 90 FEET THROUGH A CENTRAL ANGLE OF 38° 09'45% FOR A DISTANCE OF 59.84 FEET TO A POINT OF TANGENCY, THENCE SOUTH 4° 54' 0" EAST FOR A DISTANCE OF 54.93 FEET, THENCE ON A CURVE TO THE RIGHT, SAID CURVE HAVING A RADIUS OF 26 FEET THROUGH A CENTRAL ANGLE OF 940 32'35', FOR A DISTANCE OF 42.90 FEET TO THE TERMINATION POINT OF SAID LINE, SAID POINT BEING A POINT OF TANGENCY, ON THE NORTHERLY BOUNDARY OF 17TH STREET, SAID POINT ALSO LYING A DISTANCE OF 118.33 FEET SOUTH 890 38'354 WEST FROM THE SOUTHEASTERLY CORNER OF THE ABOVE DESCRIBED TRACT (EXHIBIT "A"). ham... m CZ) m C) CU CT. 1 APPENDIX "C" CONDITIONS AND COVENANTS CD h-- M CZ) C'r") CZ) C'V C7 1. Grantor reserves for itself, its lessees, licensees, successors and assigns, the right to fully use and enjoy the easement premises in any manner not inconsistent with the rights herein granted. 2. Grantee agrees to restore at its expense the easement premises to their original condition, insofar as possible, immediately after construction is finished, and shall not interfere with Grantor's, its successors and assigns, use of its lands here involved more than necessary at any time. 3. Grantee agrees to conduct operations under this grant in such a manner that the usual business activities of Grantor, its successors and assigns, shall not be unduly hindered or interfered with, upon, or on property adjacent to, the easement premises, and agrees that Grantor's curb cuts onto adjacent streets shall remain open and unobstructed at all times. 4. The rights, interest and obligations herein shall. run with the land and shall be binding upon the Grantor, and the Grantee, their successors and assigns. Filing of this instrument for record, or actual use of the easement premises shall constitute acceptance by Grantee of each and every condition and covenant herein. WP120A/E320 6/5/89 J ~ ti- m C'1 Cv , 4, Q/ %01 h ha ati 0 M "0 o ~ i • 00 FS% F 118.33' S 89° 38' 35"*W 17TH STREET S.E. 9-0-W ACQU Is 1 4 z, (APPZO'X. +64 SCE L.CC~A1. paSC2 TIU1~l COWSTCUGT ONJ F EME/V T' w vi CITY OF AUBURN w ~PR&POSE-Br w R- IG T--9F-WA'- [r TO--B-E-AGQkYIRED- "N4tSTREET-8. E . SCALE 1= 50 ~