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Home My WebLink About9107311981 CONSTRUCTION EASEMENT 073191r co C`7 C7 Q` A3, 13.,5-)- CONSTRUCTION EASEMENT (CORPORATE) 141981 D 2.00 55 EASEMENT THIS AGRERMERM, made this 24th day of June , 19 91 , 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 grave unto the Grantee and its authorized agents a temporary right-of-way or easement to be used only during construction of Auburn Way South, I'M" Street S.E. and 17th Street S.E. on adjacent property; said temporary easement shall terminate December 31, 1991. 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:-AN-0 ~ BY THIS REFERENCE MADE A PART HEREOF. - ~ r- IN WITNESS WHEREOF, said corporation has caused t]KT" instrument to be executed by its proper officers and its:~ corporate seal to be hereunto affixed this 24th day :a~-~, June, 1991 BP OIL COMPANY B . T. Werner Manager Real Estate & Market Dev--Iopment M. J. Will, , ssistant Secretary OHIO STATE OF -WAR41-I-NC~'-0N* CUYAHOGA ) ss. COUNTY OF K-I-NG ) APPROVED AS TO FORM On this 24th day of June, 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 J?>MWI &*tv4a14ment 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 were 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. ra C.") M . rn w NOTARY PUBL IN AND FOR THE STATE OF OEIO RESIDING AT REF. ST291-16/E91-335 SHERRY DEAD XWM Public - State of Ohio, Cuya. Cty. tA1 LIPW Slptwbx 13, 19" * Subject to the conditions and covenants set forth in Appendix "C" attached hereto and made a part hereof. ^ LlaY /!/1k,~.(' i,_ Deputy APPENDIX A: PARCEL DESCRIPTION LOCATED IN ME COUNTY OF KING, STATE OF WASf;INGTON, AND MORE PARTICUI&XPLY DESCRIBED AS FOLLOWS THAT PORTION OT THE EAST HALF OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 19, TOWNSHIP 21 NORTH, RANGE 5 EAST, W.H., IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLowS: CO?UCWCZNC AT THE CZ:NTER OF SAID SECTION 19; THENCE NORTH 89 DEGREES 38" 35" EAST 2322.96 TEST; THENCE NORTH 10 DEGREES 40' 28" WEST 30.55 FEET TO THE NORTHERLY BOUNDARY OF 17TH STREET SOtTTEMST, SAID POINT ALSO BEING ON THE WESTERLY BOUNDARY OF "M" STREET SOCT!'IMAST AS SAID BOUNDARY IS DESCRIBED IN DEED RECORDED JULY 24, 1967, UNDER AUDITOR'S FILE NO. 6207746, SAID POINT ALSO BEING THE TRUE POINT OF BEGINNING; THENCE SOUTH 89 DEGREES 78' 35" W= ALONG SAID NORTHERLY BOUNDARY OF 17TH STREET A DISTANCE OF 156.00 YE£T TO THE SOUTHEASTERLY CORNER OF A TRACT DESCRIBED IN INSTRWCWT RECORDED UNDER AUDITOR'S FILE NO. 6283971; THENCE AT RIGHT ANGLES TO SAID NORTHERLY LINE NORTH 00 DEGREES 2112" WEST 84.60 FEET; THENCE.NORTH 43 DEGREES 034' 451 NEST 36.86 FEET: THZNCZ NORTH 0 DEGREES 21'25" WEST 30.00 FEET; THENCE NORTH 35 D£GkEE3 24P00" EAST 102.54 FEET TO THE SOUTHWESTERLY BOUNDARY Or THE AUBURN ENUMCLAW HXGHWAY, STATE ROAD NO. 164 "AUBURN WAY SOUTH"r THENCE SOUTH 43 DEGREES 03'45" EAST ALONG SAID SOUTHWESTERLY BOUNDARY 147.18 FEET TO THE AFORESAID WESTERLY BOUNDARY OF "M" STREET SOUTHF,%ST; THENCE SOOTN 10 DEGREES 40128" EAST ALONG SAID WESTERLY LINE 118.67 FEET TO THE NORTHERLY BOUNDARY OF 17TH ST.M= SOUTHEAST AND THE TRUE. POINT OF BEGINNING. FXCZPT THAT PORTION OF SAID PREMISES C.0l4VEYED TO CITY OF AUBURN ' FOR ROAD PURPOSES CINDER AUDITOR S FILE NO. 7611080472. TOGETHBt WITH AN EASEMENT FOR INCRESS, EGRESS AND UTILITIES OVER THE FOLLONING DESCRIBED TRACT: BEGINNING AT A POINT DISTANT SOUTH 35 DEGREES 24'00' WEST 59.76 FEET MOM THE MOST NORTHERLY CORNER OF THE ABOVE D=CRIBED MAIN TRAC'T'; THENCE NORTH 35 DEGREES 24'00" EAST 59.76 FEET TO SAID NORTHERLY CORNER; THENCE NOR'T'H 43 DEGREES 03' 45" WEST 30.00 FELTr THENCE SotMl 46 DEGREES 56'15" WEST 19.83 FEET TO A POINT WHICH BEARS HORTI{ 00 UEGR$ES 2112S" WEa'" T FROM THE POIi."T OF bEGINNT.NC; THENCE SOUTH 0 DEGREES 12'25" EAST 57.09 FEET TO THE POINT OP BEGINNING. ALSO rNOWN AS: 1111 17TH STREET, AUBURN, 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' 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 38'35" WEST FROM THE SOUTHEASTERLY CORNER OF THE ABOVE DESCRIBED TRACT (EXHIBIT "A"). CC? C") ti CD ON APPENDIX "C" CONDITIONS AND COVENANTS Q~. (T CD 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 '1111na4 T acceptance by Grantee of each and every condition and covenant herein. t WP120A/E320 6/5/89 co all r- C_D (7` ~ s a %0 0 tv, t a ~0 r Q~rr 'D 40 118.33 ~ n r~n~ soy Z~~~IU 17TH STREET S.E. P- O-W ACQU i5 ► o N (APPiZ0X 5EE LEGAL_ ESCZ TIUlf{ CONSTeUCnOhJ \ Fri ' EME7,oQT" AM-A i:z:~ 146 2.5 F 'ITY OF AUBURN -P-R o-1~o-sEfl- R-I-G-WT-4F--WA'- T 0--8-E•-AE aUfR•ED - 91 M ° STR E E-T--S-E . SCALE 1 11= 50'