HomeMy WebLinkAbout1970 - Agreement and Water and Sewer Line Easement - Jorgensen Company / Isaacson Corporation / Young Corporation - 6658617 6658617
agreement AND WATER AND SEWER LINE EASEMENT
AGREEMENT made this 5-43 day of cii ,mot , 1970,
between EARLE M. JORGENSEN COMPANY, a California corporation,
(herein called "Jorgensen "), ISAACSON CORPORATION, a Washington
corporation (erein called "Isaacson "), and YOUNG CORPORATION,
a Washington Corporation (herein called "Young "),
W I T N E S S E T Hi
WHEREAS, Jorgensen owns the following described real property
situated in the County of King, State of Washington (herein called
the "U.S.N. Nobs 88 Tract "), to wit:
That portion of the John Buckley Donation Land
Claim in Township 24 North, Range 4 East, W.M. cescribed
as follows:
Beginning or the west line of East Marginal Way
at its point of intersection with a lino parallel with
and 1,497.9 feet south of the north lino of said Land
Claim and running thence along the west line of said
East Marginal Way North 23 °40'40" West 562.84 feet;
thence North 64 °49'45" West 186.84 feet; thence South
89 °39'25" West 434.79 feet; thence South 0 °20'35"
East 348.52 feet; thence South 89.39'25" West 490 feet;
Thence South 0 °20'35" East 80.82 foot; thence South
89 °39'25" West 85.43 feet, to a point in the easterly
line of the right -of -way of Commercial Waterway No. 1,
known as ouwamiah Waterway; thence southoasterly along
said canturly line by a curve to the right with a radius
of 196').12 feet, for a chord distance South 13 °21'22"
Cast 174,49 foet; thence North 89 °45'34" East 558.82
feet; thence South 00 °20'35" East, 1.00 feet; thence
;,c >rt;i W1"31'25" East 789.00 feet, more or less, to the
true point of beginning.
WHEREAS, Young is the owner and Isaacson is the lesser
certain real property adjoining the U.S.N. Nobs 88 Tract to
:;cut:: and whlr:t consists of that certain property locate
,;,n.,.•: of King .4tato of Washington, described as :'olio
'ioany- Isaacson property'), to wit:
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That portion of the John Buckley Donation Land
Claim No 42, in Township 24 North, Range 4 least, W.M..
in King County, Washington, described as follows:
Beginning at the intersection of the south line of
the Henry Van Asselt Donation Land Claim No. 50 with the
Southwesterly margin of East Marginal Way, said point ',ping
2470.01 feet westerly of tho east line, as teeasured along
the south line of Section 33, Township 24 North, range 4
East, W.M., in king County, Washington, thenco North 23•
40'40" West along said Southwesterly margin 379.39 feet
to the southeast corner of a tract of land deeded to
Isaacson Iron Works by deed recorded under Auditor's File
No. 4739857, and the true point of beginning; thence con-
tinuing North 23 °40'40" West 424.419 feet to a pcint 1497.9
feet South of North line of said John Buckley D. L. C.
No. 42 and the southeast corner of a tract conveyed to
Earle M. Jorgensen Co., by deed recorded under Auditor's
Filo No. 5935449; thence along the south line of said
Jorgensen Tract through the following 3 courses and dis-
tances; South 89 °39'25" West 789.00 feet, North 00 °20'
35" West 1.30 feet, South 89 °45'34" West 558.82 feet to a
point on the easterly lino of the right -of -way of Commercial
Waterway ::o. 1, known as the Duwa;nish Waterway; thence
southeasterly along said right -of -way to the westerly pro -
duction of the south lino of said tract deeded under
Auditor's File ::o. 4739957; thence east along said south
line -and its production, a distance of 1414.02 feet to
the tr.u? point of beginning.
WHEREAS, the parties hereto desire to enter into an agree-
ment relating to t. ir,stallati •n and use of certain water and
sewer 'lines and related :natters.
NOW, THEREFORE, in consideration of the mutual covenants
heroin set forth the parties agree as follows:
1. Jorgensen hereby grants to Young and Isaacson (herein
sometimes calle.1 the "Grantees ") the following rights:
(a) An easement for the use of existing water lines
and valves And for tnc installation, use and maintenanec
o; fires on the following described pro-
per-ty'whi -th constitutes a portion of the property hereto-
fore described and designated as the U.S.N. Nobs 88 Tract,
:,'winning on the west lino of East Marginal tray
At : _r; pcinL of intersection with the south line r.f
the.. .5.... ::obs 88 Tract (being that property of the
Ear1.2 Jorgensen Company); thence South 89 °39'2="
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Rest along said south lino 9....20 ,tat; thence North
0.20'35" west 10 feet; thence North 89.39'25" East
parallel with said south lino 39.24 feet; thence
North 44.07'51" East 22.09 fest; thence North 66°
19'20" Eilat 30.00 feet more or loss to said west lino
of East Marginal Wry; thonco South 23 °40'40" e.aat
along said West line 41.00 feet to the point of begin-
ning.
Said easement is heroin sometimes referred to at tln Water
Easement.
(b; An easement to use, maintain and repair the existing
sanitary sower lines on the U.S.N. Nobs 89 Tract us shown
on Exhibit A attached hereto and by this reference made a
part hereof. It is understood that Exhibit A indontifieg
and shows an existing sewer line which is presently being
used exclusively by the Grantees and which they shall bo
entitled to continue to use exclusively to a point of inter-
section with a sanitary sewer line presently being used
jointly by the parties, and that the parties intend that
the portion of the sewer line which is being jointly used
shall continue to be used jointly, and that the portion of
thesewer lines which is presently being used exclusively by
the Granted; shall ;ontinue to be so used.
Said easement is herein sometimes referred to as the
Sewer Easement.
(c) An easement for reasonable access to the property
covered by the Water Lire and Sewer Easements for the pur-
poses of maintenance, repairs and installation of water
and sewer lines.
2. All rights granted to the Grantees under the terms hereof
shall be subject to the condition that Jorgensen may require the
relocation on its property of any water lines or sewer lines used
by the Grantees at any timo in the event the existence of such linos
wo.:ld prevent. Jorgensen from making an improvement on its property
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which it desires to make. Any such relocation shall Hi At the
sole expense of Grantees except that the portion of the 'otter
line jointly used by Jorgenson and Grantees shall WI mr)VDd at
the joint expense of Jorgensen and Grantees. Grank0101 {Ilrther
agree to repair and restore to original condition Ail Winovementa
on the property of Jorgenson that may be damaged of NihAnUQd in
any other way as a result of work of any character t,rl! ttlrtned by
Grantees with respect to wntor lines or sewer line6 )F +04ted in
casement areas.
3. Grantees and Jorgensen shall each bear oho:110 I r of all
osts of maintenance and repair of the jointly used cheer line
and Grantees shall bear all costs of whatever nattllN ihhtlrrad
in connection with the use, maintenance, repair or Iilatnllation
of any water lines or sewer linos used exclusively h'r Ol.Tntees
under the terms hereof. Grantees further agree tn If&1 unify
and hold harmless Jorgensen from all liability, cnn1-1, rt$por.se
or damages that may be claimed or asserted against. ►:F ilic:urred
t•,• Jorgensen as a result of use, installation or rt Ta I r or any
water or sewer lines by Grantees under the terms lisfmt :G.
4 . Jorgensen and the Grantees agree that a l l 1iutro sewer
charges imposed by reason of the use of sanitary tih±vu► a covered
by tile terms of this agreement shall be pro - rated 1.14u:1 :in the
ruiative amount of sewage discharged from the prop:��lu :: cif
aci•. of the parties determined as :nay he mutually . !i r« 1 t ro
•
ti :nc• to time. Each company shall pay their propui. v►o' I'.ttad
tortIon of Metro charges promptly as such amount!' Al.. Id l led.
Isaacson agrees to pay all charges impti ..1 11'; the
Soattlr, to provi(le a new six inch :rater ,-i :nv::t :nn
t� ,,,;e Nubs 88 Tracts.
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377 pArt 4 8
b. The Easement herein granted is personal to thu Grantee
and may not be transferred or assigned without the prior w.lttcn
consent of the grantor. In the absence of such consent said
Easement shall automatically terminate upon a conveyance of the
property of the Grantee adjoining the USN Nobs 88 Tract on the
south.
IN WITNESS WHEREOF the parties hereto have executed this
instrument as of the day and year first above written.
ISAACSON CORPORATION EARLE M. JORGENSEN COMPANY • ,, . " r , By y./`� ►c n i%1 t"L�1. c;_r
s Jre r,,
r hairman of the Hoare vice • ;�Op:'
• Attest _ : !!1 ;. •. i -, /2v..r,t- _ Attest 4 .� +cam!' EAfr:
Secretary _ ^Z'— Sec z �,wity. -,,;
Tr ..•
jQn
Vic President
_"y-. . ^
Attest : j.'/ ! . i �%Z�.r•�L.t s'f' i
Assistant Fecretary
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STATE OF California
Lou Angola, s�
COUNTY OF _
On thin �rh day of t,❑, , 1970, before me, the under-
signed, a notary public in and for the State of ,California
duly commissioned and sworn, personally appear M Robinson
and 1 F uatkina to me known to be the ,}}f�jee PLesidg�pp
and 3ecrcary , respectively, of EARLE M. J01 ENSEN COMPANY,
the corporation that executed the foregoing instrument, and acknow-
lodged 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.
( )C%AL 9ZAL
v t RARQARA , EC>OM1;t1.W % :;., ,
wn..., ..,.ue e,.,o.+,.. Notary Public In and tor the State of
•w+.r�r.. alai IN
Lo.* MMUS COLOIT, California , residing at Los Angeles .
STATE OF WASHINGTON )
ss.
COUNTY OF KING )
On this ln.h day of m&I, , 1970, before me, the under-
signed, n :rotary Public in and for the State of Washington, duly
commissioned and sworn, personally appeared Henry Ipaacson. Sr.
and William T. Jacobson to me known to be the chairman
and secretary , respectively, of ISAACSON CORPORATION, the
corporation that executed the foregoing instrument, and acknowledged
the said instrument t: 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 instru-
ment and that the seal affixed is the corporate seal of said cor-
poration.
WITNESS my hand and official seal hereto affi
year first above written.
STATE cF WASHINGTON
ss.
euu :;T •uI KING
.rotary PuJ.1c in a
of. Washington, res
On this 20th day of May , 1970, before me, the under-
signed, a :rotary Public in ar,d for the State of Washington, duly
commissioned and sworn, •personally appeared Winson .tones and
William T. Jacobson , to me known to be the Vice President an :.
Ass':. ;c.crLtetr•: ,
respectively, of YOU1O CORPORATION, the corporation
t oat exec:ted . , :;e foregoing instrument, and acknowledged the said in-
;tr: :. ,, ;.. L'. tt L .c free •n'i voluntary ntary ,net and deed of said corporation, •
!er L:;:• a :;os “:„1 purposes Lherein mentioned, and on oath stated that
they wore authorized to execute the said instrument and that the ::tai
.t: f t.x,•.1 ie; the c: rperate seal of said corporation.
.. t•t:l o.° t t is l seal '.;•unto a f : ix
tr tt'nn.
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6658617
legal description
jorgensen property
sewer now existing rind is the result of field
.t ci• nnsitioncic.ated by isancson and forgensen
APR 3 0 1911)
EDWARD J. LOGAN