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.
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Page One
A i
DATED and SIGNED this ic day
M=
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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.
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A gton,
s'°" st,.•;r' 0 P B C ~n an forthe-State o ashin
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VARY res ding at
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RECORDED OF
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PAGE jc..UEST OF
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RECORDS
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FILED or Record %eqi t of
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