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HomeMy WebLinkAbout7108100529 PLANTING AREA EASEMENT 081071VALLEY ASSN. SE cor of 370 & Aub.W.N. PLANTING AREA EASEMENT THIS AGREEMENT made this 12 th day of may , ],q 7�, by and between the CITY OF AUBURN, a municipal corporation of King County, Washington, hereinafter termed "Grantee" and VALLEY ASSOCIATES, a Limited Partnership, hereinafter termed "Grantor" WITNESSETH: That the Grantor,adaad�caaia�a $l.areele"ip�o�tkrieF Kisrby=anowig 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: Portion of following described Parcel "A" said portion being defined as follows: . Beginning at the Northwest corner of said Parcel "A"; thence South along the East marginal line of Auburn Way North a distance of 46.5 feet; thence Easterly to a point which is 44 feet South and 10 feet East of the point of beginning; thence Northerly to a point which is 13.58 feet South and 13 feet East of the point of beginning; thence Easterly to a point which is 7.5 feet South and 32.5 feet East of the point of begi-nning; thence North parallel with the East marginal line of Auburn Way North to the South marginal line of 37th St. N.E.; thence West along said North marginal line of 37th St. N.E. to point of beginning. PARCEL "A" The South 85 feet of South 756.94 feet of the North 2391.18 feet of the East 698.64 feet of the H.H. Jones D.C.#39, lying South and adjacent to the South marginal line of 37th St. N.E. and situate in Section 6, Township 21 North,.,; Range 5 East, W.M., LESS State Highway. The Planting Area Easement shall be automatically extinguished and said pro- perty restored to its original 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 p'A easement to locations suitable to Grantorl- , That said Grantee shall have the right without prior institution of any suit This easement shall be automatically extinguished and saic. property restored to its original condition by the Grantce in the event tine Grantee fails to prepare and furnish to Grantor a Correction Easei;;ent instrur.•.cnt :•7hich shall specifically describe each circular nlanti.no area, in accordance t,i.th an as con ,eructed survey, for the r;,,rpose cf descriptions for the strip description hereinabove set forth, -by not later than September 30, 1971. 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. EXECUTED this 0 day of May, 1971.. Grantor: VALLEY ASSOCIATES, a Limited Partnership, by SALUS CORPORATION, its General Partner By Ramon E. Brown, its Vice President Grantee: THE CITY OF AUBURN, a Municipal Corporation S� STATE OF WASHINGTON) ) SS. COUNTY OF KING ) On this 1X* 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 talus 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 is the corporate seal of said corporation.