Loading...
HomeMy WebLinkAbout7107090481 PLANTING AREA EASEMENT 070971VPLANfING AREA EASEMENT THIS AGREEMENT made this o day of the 1ITYOF'AUBURN, a nicipal corporation of ing Cc termed "Gra tee" and _J~ja 107 "Grantor" WITNESSETH: Scalara/Hughes (57-59) by and between as ington, hereinaf r M. ~~i ~ nafter termed That the Grantor, for and in consideration of one and no one hundred dollars ($1.00) 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 ~ 3 circular planting areas which shall be not greater than six (6) feet in diameter: The Planting Area easement is described as follows: The-West seven feet of the following described property lying parallel with \he -Ces-t marginal line of PSH #5: wF_-Ir Beg on the W mgn of PSH #5 1452.05 ft. S of the N In of the S 112 of the H. H. Jones D. C. #39 situate in the NW 1/4 of~Section 6;}Twp 21 N, R 5 E, W.M., th S 89°08'45" W 497.38 ft; th N 00°55'30" W to the N In of Bonneville Power line'Easement; th E to the W In of PSH #5; th S to beg, subject to Transmission Line Easement, LESS the S 240.5 ft. The Grantor reserves the right at any time, upon written notice of intent to the Grantee, to enter the above-described real property covered by this easement and move or remove the circular planters or trees installed and planted by the Grantee hereunder if such circular planters or trees impede or in any way interfere with the business operations of Lessees of the Grantor or other persons who may purchase or occupy said premises. Within thirty (30) days from the date of the receipt of the abovewritten notice of intent the Grantee shall have the right to obtain possession and remove the circular planter rings and trees. If the Grantee fails and neglects to remove the circular rings and trees within said thirty-day period, the Grantor may proceed to. move or.,,r.emove the same. The circular planter rings and trees shall remain the property of the Grantee, but the Grantor shall not be liable for any damages sustained to the circular planter rings and trees in their removal by the Grantor. That said Grantee shall have the right without prior institution of any suit p'' 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 necessary cmts,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'A'n-,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. u Page One A i DATED and SIGNED this ic day M= O o~ fa- O STATE OF WASHINGTON ss. COUNTY OF ) On this to day of 19'1, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and.sworn, personally appeared Oct e'v ,~s G e✓ 9-7A' 3to me known to be the individual • described in and who executed the within and foregoing instrument, and acknowledged that signed the same as free and voluntary act and deed, for the uses and purposes therein mentioned. GIVEN under my hand and official se 's /ate Bay of 19 V. . sh A gton, s'°" st,.•;r' 0 P B C ~n an forthe-State o ashin ..c~ VARY res ding at .imp 0 0- / • fit' V RECORDED OF VOL PAGE jc..UEST OF 197" 9 fAl I 1 03 RECORDS KING CcwJ i FILED or Record %eqi t of Name........