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HomeMy WebLinkAbout7106100525 PLANTING AREA EASEMENT 061071Buddhist Church PLANTING AREA EASEMENT THIS AGREEMENT made this 5th day.of Maq 1971 by.and between the CITY OF AUBURN, a municipal:corporation of King County, Washington, hereinafter termed "Grantee" and the WHITE RIVER. BUDDHIST CHURCH, INC. hereinafter termed "Grantor". WITNESSETH: That the Grantor, for and in consideration of one and no one hundred dollars ($1.00) receipt of which is hereby acknowledged, does hereby grant unto the Grantee and its authorized agents a planting area easement for construction and maintenance of landscape improvements-,on the.following•described property: Beginning.at the Northeast corner,of said Parcel "A"; thence South along the West marginal line of Auburn Way North'a distance of 46.5 feet; thence Northwesterly.to a point which is 44 feet Southland. 15 feet West of the ~V point of beginning; thence Northerly to a.point which is 18 feet West and 0 13.58 feet South of-the point of beginning; thence Westerly to a point which. is 37.5 feet West-and 7.5.feet South of the point of beginning; thence North.parallel with'the West marginal line of Auburn Way North to the South marginal' line-of 37th St. N.E.; thence East along said South marginal line a distance of'.V A feet 'to point of beginning Togetherwith: The_South 7 ,feet of the.Nor.th 120 feet more or less of the East-12 feet and the South 7 feet of the North 200 feet more or less. of: the fast 12 feet. PARCEL."A" ...The-North 270.60 feet.of the following:., Beginning a t,,;the Southwest corner of the H.. H. Jones DC .#39_situate in Section 6;~Townshi.p 21 North, Range,5 East, W.M.; thence East 1518,feet,; thence North 445 feet; thence West 1-2-feet thence-North- 1-842_.`56---f eet-mo-r-e-nor- 1 ess to, the= North- 1 i ne- of the South 1/2 of said DC; thence.West to 'a point 808.5 feet East of the West line of said DC; thence _South 541.2 feet; thence West 347;feet; thence. South 1716.5 feet; thence West 46.1.5 feet;'thence South 30 feet to the point of beginning,.LESS any portion in 88th Avenue South and LESS sts. The Planting Area Easement shall be automatically extinguished and said pro-, perty restored to its or condition by the.Grantee in the event the Grantee, its. heirs, successors and assigns, should abandon the maintenance and upkeep of the planting units or remove the planting units from the encumbered property. The-Grantor shall.retain the option of amending the provisions of this easement to locations suitable to both Grantee and Grantor provided,. such amend- ments are compatible with the conditions herein. That said Grantee shall have the'right without prior institution of any suit or proceeding at law, at times as may be necessary, to enter upon said easement for the purpose of construction and maintenance of landscape improvements including ---ne.cessa.ry_cuts-a.nd _ £i-1_1-s wl thout a ncur-ri ng__any 1egal. obl i gati on or -Ti abi l i ty therefor; provided, that such construction shall be accomplished in such a.manner that private property improvements shall not be disturbed or.destroyed, or in the event they are destroyed, they will be replaced in as good a condition as they were immediately . before the property was entered upon by the Grantee. This easement shall be covenant running with the land and shall be binding on the successors,.heirs and assigns.of both parties hereto. IN WITNESS WHEREOF, said corporation has caused this instrument to be exe- cuted by its. proper officers and its corporate seal to be h.ereunto affixed this 5th day of May, 1971. / rflzrzje v1~~~s/is- /zEi✓ /da-ei r - By • President B ?,e Secretary. CU Ln v CO STATE OF WASHINGTON ) CD ) ss. County of King ) On this stn day of May, 1971 before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn,'personally appeared Sunao Iwai and Frank Natsuhara- . to me known to be the .,President and Secre- tary, respectively, of the WHITE RIVER BUDDHIST CHURCH, INC. the corporation that executed the foregoing instrument, and acknowledged the said instrument to be the free and, voluntary act.and deed of said corp-: oration, 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. 111 ff1j", hand and official seal hereto affixed the day and year :Y f1r,stjraba ep ' .:tten. v a Notary ublic in and for the State of tJa i ngton , resi di g at Auburn. a 6 °`AIiaaa~6e RECOROEO VOL OF PAGE ~EoUFS! nF 197` J4. 10 PA" 2 54 DIRECTO;' RECORDS & EL K I N G 000N'l Y, ,"I. c I'. FILED or Rer, Name............ Address 3 .