HomeMy WebLinkAbout7106100531 PLANTING AREA EASEMENT 061071G
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Valley Assoc.
(86-88)
PLANTING AREA EASEMENT
THIS AGREEMENT made this 12th day of May , 1971 by and between
the CITY OF AUBURN, a municipal corporation of King County, Wash ngton, hereinafter
termed "Grantee" and VALLEY ASSOCIATES, a Limited Partnership,
hereinafter termed
"Grantor".
L WITNESSETH:
That the Grantcr - gsideaisra=ef- eye=ael-ne=ore-hundr_es~doaims
$h4 does hereby grant unto the Grantee and its authorized agents a planting
area easement on the following described property; said easement to be employed
.for the construction and maintenance of three 3 circular planting areas which
shall be not greater than six (6) feet in iameter:.
The"Planting Area easement is described as follows:
The West seven feet of the following described property lying parallel with
the East marginal line of PSH #5:
The South 310.94 feet of the North 1634..24 feet of the_East 698.64 feet of
H.H. Jones Don. Land Claim #39 sit:in-'S34 6, Twp 21 N; Range 5 East, W.M.
LESS the West 150 feet of the East 56~34 feet of the South 110 feet of the
North 173.7 feet LESS Streets and LESS State Hwy.
The Grantor shall retain the option of amending the provisions of this
easement to locations suitable to Grantor.
Construction, maintenance and removal of landscape improvements, and
replacement and repair of property improvements disturbed or destroyed in
connection with the foregoing, shall be at the. sole expense of Grantee,
and Grantee hereby covenants to indemnify Grantor for; and to save and hold
Grantor harmless from, any and all claims,, suits, losses and/or expenses
(including reasonable attorney's fees=and, in'.the event of litigation, the
reasonable costs and expenses thereof) resulting from the construction and
maintenance of said landscape improvements.
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
N',, for the purpose of construction and maintenance of landscape improvements including
necessary-cuts-and fills without incurring any legal obligation or liability 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.
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This easement shall be automatically extinguished and said property
restored to its original condition by the Grantee in the event the Grantee
fails to prepare and furnish to Grantor a Correction Easement instrument
which shall specifically describe each circular planting area, in accordance
with an as constructed survey, for the purpose of substituting said
descriptions for the strip description hereinabove set forth, by not later
" than September 30, 1971.
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EXECUTED this day of May, 1971."
Grantor:
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~a °b Grantee :
STATE OF WASHINGTON)
) SS.
COUNTY OF KING )
VALLEY ASSOCIATES, a Limited
Partnership, by SALUS CORPORATION,
its General Partner
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.Ramon E. Brown, its Vice President
On this day of May, 1971, before me, the undersigned, a notary
public in and for the State of Washington, duly commissioned and sworn
personally appeared RAMON E. BROWN to me known to be the Vice President of
Salus Corporation, 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 he was authorized to execute the said instrument and
that the seal affixed i.s the- corporate -sea-1- o-f---sa-id-corporation,._
WITNESS my hand and official seal hereto affixed the day and year
in this certificate above written.
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Page Two
NOTARY in an for the
Stat of Was 'n on, esiding at
THE CITY OF AUBURN, a Municipal
\ -ct
RECORDED
VOL OF
PAGE REQUEST OF
1971 Xw 10 PM 3 00
DIRECTO "
RECORDS u 1..•J_
K:NG COUNTY.
(LED
or Est o
lame
Address .