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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. C] CNIJ a 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 z C- V*) 8 0 w } s E; ca x g 00 ti m ti CID C" 0, 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. \ls REF. ST291\E91-1282 EXCISE TAX NOT REOUIRED Kin Co, Reoor1, D' ision Deputy O m c::) N 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'). C'r'7 C=) M CD CV 0"ll 1, 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. O 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 i 0 0 M + ti h'7 O M Cz) C\.j (Zr'` ~0 a ~ 0~. 0 1 ~S% F 118.3,3' S 89° 38' 35"'W 17TH STREET S.E. 9-0-W ACQU is i 0 N (APPeOx. 4(.o4 P 7-) SEE LEGAL„ DEESC.2 71 Uhl GOWSTF-UCTlO►J .p-~EMELJT S AM, 1:z:; 146 2-51= w vi CITY OF AU BURN W -PRO-PBSEB W R-}Gi4T-9F-WA'f w 1•-- T4--B•E-AGQkNR-E9- "M-'' STR EE-T-S: E, SCALE I 50'