HomeMy WebLinkAbout9201310370 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.
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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
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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").
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APPENDIX "C"
CONDITIONS AND COVENANTS
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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.
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