HomeMy WebLinkAbout9201310371 CONSTRUCTION EASEMENT 013192CITY CLERK'S OFFICE] \ 1
CITY OF AUBURN
25 West Main CONSTRUCTION EASEMENT
Auburn, WA 88001 (CORPORATE)
THIS EASEMENT, made this 25th day of November
1991 , between the CITY OF AUBURN, a municipal corporation
of King County, State of Washington, hereinafter termed
"Grantee", and B. 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 corporation has caused this
instrument to be executed by its proper officers and its
corporate seal to be hereunto affixed this 25th day of.
November, 1991
STATE OF OHIO )
) ss.
COUNTY OF CUYAHOGA)
BP OIL COM7 ANY
By
B. T. Werner, Manager Rea]. Estate
Development APPROVEC,
AS-TO-7
FORM
Attest AS TO
M. . Wri t, Assistant Secretary FORM•SM
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3.1.3, - On this. 25th day of November, 1991 1
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_ DevP1 npmPnt and Ars i qt;ant
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 DEAU Lrr-
Notary Public - State of Ohio, Cuya. Cty, NOTARY PUBLIC N AND FOR THE STATE OF
My Commbslon Expirn September la, 10104 Ohio , RESIDING AT Cuyahoga County
* Subject to the conditions and covenants set forth in
appendix "C" attached hereto and made a part hereof.
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REF. ST291\E91-1282
EXCISE TAX NOT REOUIRED
Kin Co, Reoor1, D' ision
Deputy
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CT:
APPENDIX A: PARCEL DESCRIPTION
LOCATED IN THB COUNTY OF XXNG, STATE OF WASHINC7TON, AND MORE
PARTICULARLY DESCRIBED AS ?`oLIANS:
THAT PORTION OT THE EAST HALE OF TSE SOUTWaST QUARTER OF THE
NORTxz%ST QUARTER Of SECTION 19, TOW1.S IP 21 NORTH, RANGE 5 EAST,
W.M., IN JaNC COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS:
CO2'1SP3tCING AT TFM CENTER OY SAID SECTION 19,' THENCE NORTH 89
DEGREES 38' 35" EAST 1322.96 FESTI THENCE NORTH 10 DEGREES 40'
28* WEST 30.55 FEET TO THE NORTHERLY BOUNDARY OF 17TH S'TREE'T
SOUTHEAST, SAID POINT ALSO BEING ON TS$ WESTERLY BOUNDARY OF *MR
STREET SOUTHEAST AS SAID BOUNDARY IS DESCRIBED IN DL'ED RECORDED
JULY 24, 1967, UNDER AUDITOR'S FILE No. 6207746, SAID POINT ALSO
BEING THE TRUE POINT OF BEGINNINGI TMCF SOUTH 89 DEGREES 38'
35" NEST ALONG SAID NORTHERLY BOUNDAR2 OF 17TH STREET A DISTANCE
OF 156.00 PETa'P TO TRB SouretEASTEMY CORNER OF A TRACT DESCRIBED
IN INSTRUMENT RECORDED UNDER AUDITOR'S FILE NO. 6283971; THENCE
AT RxGRT ANGLES TO SAID NORTHERLY LIME NORTH 00 DEGREE'S 21124"
NE..`"T 84.60 FEET; TMCB.NORTH 43 DEGREES 031t 45* NEST 36.86 FEET;
THENCE NORTH 0 DEGREE'S 21'25" NEST 30.00 FEET: THENCE NORTH 35
DECREES 24100" EAST 102.54 FEET TO TIE SOUTHWESTERLY 80UNDARY Off'
THE AUBURX ZM MCLAW HIGHWAY, STATE ROAD NO. 164 "AUBURN HAY
SOUTH"s THENCE SOUTH 43 DEGREES 03045" FAST ALONG SAID
SOUTANESTERLY BOUNDARY 147.18 FEET TO ?8E AFORESAID WESTERLY
BOUNDARY OF "M" STREET SOUTHEAST; THENCE SO= 10 DEGREES 40128"
EAST ALONG SAID WESTERLY LINE 118.67 FEET TO THE NORTHERLY
BOUNDARY OF 17TH ST.V= SOUlThL1ST AND THE TRUE POINT OF
BEGINNING.
EXCEPT THAT PORTION OF SAID PREMISES ,'CONVEYED TO CITY OF AUBURN
FOR ROAD DURPOSES UNDER AUDITOR'S FILE NO. 7611080473.
TOGE7 2D3t WITH AN EASEriEMr FOR INGRESS, EGRESS AND UTILITYFS OVER
THE FOLLOWING DESCRIBED TRACT:
BEGINNING AT A POINT DISTANT SOUTH 3S DEGREES 24'00' WEST $9.76
FEET FROX TIE MOST NORTHERLY CORNER OF THE ABOVE DESCRIBED MAIN
TRACT; THENCE NORTH 35 DEGREES 240000 LAST 59.76 FEET TO SAID
NORTYMMLY CORNER; THENCE NORTH 43 DEGREES 03' 43" WEST 30.00
FEET; THENCE SOUTH 46 DEGREES 56115* WEST 19.83 FEET TO A POINT
WHICH BEARS NORTH 00 DEGREES 21128" 1dFST FROM T)m POINT OF
BEGINNING; THENCE SOUTH 0 DECREES 12'2S* FAST $7.09 FEE TO THE
POINT or BEGINNING.
ALSO XHOWN AS: 1111 17TH STREET, AUBiJW, 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 430 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
380 09'45', FOR A DISTANCE OF 59.84 FEET TO A POINT OF TANGENCY,
THENCE SOUTH 40 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 32'350, 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' 35" WEST FROM THE SOUTHEASTERLY CORNER OF THE ABOVE
DESCRIBED TRACT (EXHIBIT "A').
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APPENDIX "C"
CONDITIONS AND COVENANTS
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
M open and unobstructed at all times.
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M 4. The rights, interest and obligations herein shall run with
the land and shall be binding upon the Grantor, and the.Grantee,
dt,, 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
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