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Home My WebLink About1992 - Encroachment Agreement - Exxon Corporation / Yurkanin Andrew - 9204150708 9204150708 COUNTY OF KJNG CS) Agreement ('Agreements) is mede effective as of the 1092: by and between Exxon Corporation. a New Jersey Corporation having an office it 1200 Smith Street, Houston, Texas 77002 ('Exxon') and Andrew Yuricsnian and Carol F. Yurkanian. 2963 4th Avenue. South. 1 Seattle. Washington 98133 (collectively, "Yurkanien'). n A. Exxon is the owner of the tract or parcel of land more particularly !NI described in Exhibit 'A' attached hereto I'Exxon Tract•). 0. Yuricanian is the owner of the tract or parcel of tend more particularly described In Exhibit 'V attached hereto ('Tut-Icarian Tract'). C. The Exxon Tract and the YurkaNan Tract are contipuoue tracts, and the northern boundary of the Exxon Tract Is a common boundary with the southern boundary line of the YurkaNan Tract. No" Q To acc.maNr:• 0. During the course of construction. asphalt pavement wa?'constructed on the Yurkanian Tract so that approximately 4.8 feet of the pavement encroaches onto the northern portion of the Exxon Tract ('Encroachment "). E. Exxon and Yurkanian desire to recognize the existence of the Encroachment and desire to evidence their agreement with respect to such Encroachment. Et4Cd1OACHME#1T AONEINENT Arab -TM{E - rums IrSF3 caapr noNas Tuarzoftt. C9 RECITALS AGREEMENT In consideration of the premises Find other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Exxon and Yurkenien hereby agree as follows: 1. Exxon end Yurkanien acknowledge the existence of the common boundary line. Exxon acknowledges and consents to the existence of the Encroachment on the Exxon Tract under the terms and conditions set forth In this Agreement. 311A/ N33a98113 I Id8@ : no SE. of and STATE-6f' %WIWI NG TON Lout TY. of~ KING. 9204150708 ENCROACHMENT AGREEMENT `This• Encro ohment Agreement ( "Agreement ") is made effective as of the ° day of Jersey Corporation; ,:having an office at 1200 Smith Street. Houston, Texas 77002 ( "Exxon ") and Andrew Yurkanian ::and Carol E. Yurkanian, 2963 4th Avenue, South, Seattle, Washington 98133 (collectively, "Yurkanian "). 199:2'`'b ., and between Exxon Corporation, a New A. Exxon is the owner of the tract or. parcel of land more particularly described in Exhibit "AN attached hereto ( "Exxon Tract "). B. Yurkanian is the owner of the tract or parcel .of land more particularly described in Exhibit "B" attached hereto (" ?urkanian Tract");' .: C. '' The Exxon Tract and the Yurkanian Tract are contiguous tracts, and the northern boundary of the Exxon Tract is a common boundary with the southern boundary line Of the Yurkanian Tract. D. ; During- the course of construction, asphalt pavement °Was constructed on the Yurkanian Tract so that approximately 4.8 feat of the pavement encroaches onto'the northern portion of the Exxon Tract ( "Encroachment "). E. ' ton and Yirkaniar desire to recognize the existence of the Encroachment and desire to evidence their agreement with respect to such Encroachment. In consideration of the premises acid • other good ,and' valuahle,consideration, the receipt and sufficiency of which are ;hereby : acknowledged, Exxon and Yurkanian hereby agree as follows: 1. Exxon and Yurkanian acknowledge the exiatence ; of ' the don'mon 8 boundary line. Exxon acknowledges and conga to ` the existence' of, the .rte Encroachment on the Exxon Tract under the is and conditions set forth in this Agreement. r.� S Y�- j{^`'i y}_[• .'J:.�S;>� �:� :� $ ��.: 5.. [&'' �.R Y. .� fr�'�Y 7 i' �� .. -".:: ' [ - YS.x"k.R-15�: y'YJ+2:' °��`,.�i.:.' 3�e1i'r�tbk'f #S+?i� ' . L��: f �tT�'A'S� - i.. ' ; h�'.'- :�e�- F,ne'•:)..ir .l :': �.�n:'. . . 2. Yurkanian acknowledges the right of ownership of Exxon to the portion of the Exxon Tract on which the Encroachrnent exists. Exxon and Yurkanian acknowledge that Yurkanian constructed the Encroachment upon the Exxon Tract without any intention of adversely possessing any part of the Exxon Tract. ".. 3. Yurkanian agrees that within sixty (60) days of written notice from Exxon, Yurkanian will cause the Encroachment to be removed from the Exxon Tract and will restore such portion of the Exxon Tract to as near the same condition in which the property was: found before the Encroachment, 4. If Yurkanian fails 'to;'remove :the Encroachment within such sixty (60) day period, Exxon may rernovs the same repair its property and charge the costs of such removal to Yurkanian. 5. Yurkanian ; will :protect, defend, indemnify and save harmless Exxon from and against all `obligations; damages, penalties, claims, causes of action, costs, charges and expenses,..including attorneys: fees and expenses which may be imposed upon or .incurred by or asserted .against' Exxon by reason of the existence of the Encroachment on the Exxon Tract and/or the removal of the same. 6. Any notice to be given under this,, Agreement must be in writing and may be served by depositing the same in the Unitad States mail addressed to the party to be notified, postage prepaid and registered; or certifies" with return receipt requested, by delivering the same in person to such party; crr'by prepaid messenger service, telegram or telex. Notice given in accordance with this paragraph 6 shall be effective upon depositing the same in the United; :States mail or delivery as 'provided in this Agreement at the addresses set forth below.' If to Exxon,..to: Exxon Company, U.S.A. Real Estate Area Manager l.f. Bvx 4415' Houston Texas 77210-4415 If to Yurkanian, to: Andrew Yurkanian Carol E. Yurkanian 2963 4th Avenue, South;` Seattle, Washington. ; 98133 7. This Agreement shell be binding upon and shall inure to the benefit of the parties hereto, and their respective heirs, transferees, successors, assigns . or legal representatives. 8. The Exhibits referenced in this Agreement and 'attached hereto are incorporated into this Agreement by this reference for all purposes::,,,,. EXECUTED, by the parties hereto on the dates set forth in the acknowledgments below, to be effective as of the date set forth above. EXXON CORPORATION Name E. R, Corino Title: Agent and Attorney -in -Fact fa� APPROVED On this day of Y,2/ 1992, {certify that E know or have satisfaCtory evidenPe that met K _ Q.MI is the person who appeared before me, and said person acknowledged that he signed this instrument, and on oath stated the he is authorized ;.to execute the instrument, and acknowledged it as the Agent and Attorn.y- in-Fact of Exxon Corporation, to be the free and voluntary act of said corporation, for the uses and purposes mentioned in this instrument, and that the seal affixed is the corporate seal of said corporation. • JULY 12, 1994 SCR 11607A7rl 7- qFY CQk1 LVE I1 r y " Mc in a esiding at %/ - y Appointrrisnt Expires:_gmemealas refRESILU 12,199- the State fir ter... Avd Texas y�_��.� -..,.� ..., .. .. �- � < 3k � a;: .gig° �. s' �4?'r.S..��` - ".bR ... `.4'�F.9riiiLr�'CS':�. ::..L�{a,:��'�'.��.r~.�..�r :��'+. a�w°��:xG,�- _ ,'::.`i:Me:sa��i� ^:`� •�a..�'. `�a STATE OF WASHINGTON : COUNTY OF i i.yG� 9204150708 ift On •this day of 4ir_,LL, 1992, I hereby certify that I know or have satisfactory evidence that Andrew Yurkanian and Carol F. Yurkanian are the Persons who appeared before" me, and said persons acknowledged that they signed this instrument; and acknowledged it to be their free and voluntary act for the uses and purposes' mentioned in thfa'instrument. Notary. Public i and for the Stat- Residing at �Jen ow/0 My Appointment Expires: 3' washin3ttin 70064E1 -DOC EXHIBIT "A" 920415070S THE LAND REFERED IKON TEIS COMMITMENT IS SITUATED IN THE STATE OF WASHINGTON, .. COUNTY " OF CIlm. AND IS DESCRIBED AS FOLLOWS: LOT ]. OF SHORT. FLAT;'NO. St E. PL ^0.84- -85,.; RECORDED UNDER RECORDING NO. S7O2039OOS,` RECORDS OF KING COUNTY, >WASHINGTON. • SITUTATE IN THE Coum 40 KONG, ,STATE OF `':WASHINGTON. EXHIBIT "Bl The following described real estate, situated in the County of King, :State of Washington 9204150708 :`Thai. `portion of Government Lots 2 and 11 of Henry Meader Donation- Land:Cl,aim No.:; 46, All in Section 25, Township 23 NorthRange 4 .Est irW. 1. ;descri bed as follows: Commencing at the i,ntersection::of..the centerline of West Valley Highway, also =;known'.as State Road No 181, with the north. .li ne of the south 210' feet of said Government Lot 11, and its ;westerly;'pro1ongation, thence South 87 °47'19" East along said north line 40.76 feet to the east margin of said highway and the Point, of Beginning; thence North 8 °51'30" West along said easterly highway margin 808.08 feet to the south line of the. of Seattle's Bow Lake Pipeline right -of -way; ,thenc South 87 °;;13'12 "` East along said south right- of-way line 273.28 feet: to.,the ,sterly Line:. of a 100 -foot right --of -way conveyed to Puget Sound Power `' &, Light Company by deeds , recorded under King "' County Audi tor':s file Nos. 2629432 and 2644020, formerly, known as Puqet Sound Electric Railway right -of -ray; hence South 1°13'24" East along said westerly right -of -way line 791.76 feet to the north line of the south',210 feet of said Government Lot 11; thence North 87 °47'19 ":...West along said north' line 165.55 feet to the Point of Beginning, Except, ' that portion lying south of a line parallel 'with and distant 5' feet north, measured at right angles, from the following described ` line: Beginning at ttie point of intersection of the south line of the ' 1- eeryAeader Donation Claim No. 46 and the center- line of State Highway 181 (West Valley Highway); thence North 8'52'29" :West a :.distance of 48.98 feet along said highway centerline, thence South 85-30'26" East 41.14 feet to the easterly. Margin of said highway and the True Point of Beginning of this described.: line, thence continuing South 85 0.30126" East 227;79 feet, more or less, to the westerly margin of ,said Puget Sound El ectri c; Rail- way right -of --way and the terminus of this described line. T& n �•~7k.ti ii: Xr� %: iw'ns:�: ::: kixt: ... -t�.! � . ?x��o t�,