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HomeMy WebLinkAbout7105060423 PLANTING AREA EASEMENT 050671Torrens PLANTING AREA EASEMENT THIS AGREEMENT made this 21st day of April 19 71 , by and between the CITY OF AUBURN, a municipal corporation of King County, Washington, here- inafter termed "Grantee" and Harry H. Torrens and Anita V. Torrens, his wife hereinafter terme "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 land- scape improvements on the following described property: Portions of the following described Parcel "A" said portions being defined 7 as follows: U ' D Beginning at the Southwest corner of Said Parcel "A"; thence North along a the East marginal line of Auburn Way North a distance of 12 feet; thence East parallel with the North marginal line of 22nd St. N.E. a distance of 4 feet; thence continuous Southwesterly to a .point which is 8 feet North and 27.5 feet East of the point of beginning; thence South parallel with the East marginal line of Auburn Way North to the North marginal line of 22nd St. N.E.; thence West along said North marginal line 32 �r feet to the point of beginning. ,27.5' Togetherwith: The West 7 feet of the North 7 feet. PARCEL "A" Lots 30 thru 33, Block 1, Maplewood Addition to Auburn as recorded in Volume 17 of Plats, Page 98, records of King County Washington, LESS State Highway, LESS the South 10 feet of Lot 33, situate in the NW 1/4 of Section 7, Twp 21 North, Range 5•East, W.M. The Planting Area Easement shall be automatically extinguished and said property 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. 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-#er 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 construc- tion 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. DATED and SIGNED this Z - 7 day of STATE OF WASHINGTON I S5. COUNTY OF 'KING N On this 21st day of April , 19 71, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally _O appeared Harry H. Torrens and Anita V. Torrens, his wife to me known to be the individual s described in and who executed the within and foregoing instrument, and acknowledged that they signed the same as their free and voluntary act and deed, for the uses and purposes therein mentioned. GIVEN under my hand and official seal this 21st day of April 1971 . N s"i;��"�;�tt.{;'-'r°• NOT ARY WBLIC n and forte State o as ington, residing at Auburn. • . Torrens PLANTING AREA EASEMENT THIS AGREEMENT made this 21st day of April , 19 71 , by and between the CITY OF AUBURN, a municipal corporation of King County, Washington, here- inafter termed "Grantee" and Harry H. Torrens and Anita V. Torrens his wife hereinafter term - "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 land- scape improvements on the following described property: Portions of the following described Parcel "A" said portions being defined , c� as follows: N d Beginning at the Southwest corner of Said'Parcel "A"; thence North along 10 the East marginal line of Auburn Way North a distance of 12 feet; thence East parallel with the North marginal line of 22nd St. N.E. a distance pof 4 feet; thence continuous Southwesterly to a point which is 8 feet North and 27.5 feet East of the point of beginning; thence South parallel with the East marginal line of Auburn Way North to the North marginal line of 22nd St. N.E.; thence West along said North marginal line-32-.5--feet to the point of beginning. Z7.5' Togetherwith: The West 7 feet of the North 7 feet. - - -- -- - - --- - ---- .PARCEL "A" Lots 30 thru 33, Block 1, Maplewood Addition to Auburn as recorded in Volume 17 of Plats, Page 98, records of King County Washington, LESS State Highway, LESS the South 10 feet of Lot 33, situate in the NW 1/4 of Section 7, Twp� 21 North, Range 5'East, W.M. The Planting Area Easement shall be automatically extinguished and said property 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. 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-fer-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 construc- tion 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. f` DATED and SIGNED this i T day of19 -71. STATE OF WASHINGTON ss. COUNTY OF KING On this 21st day of April 19 71, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and -sworn, personally appeared Harry H. Torrens and Anita V. Torrens, his wife to me known to be the individual s described in and who executed the within and foregoing instrument, and acknowledged that they signed the same as their free and voluntary act and deed, for the uses and purposes therein mentioned. GIVEN under my hand and official seal this 21st day of April 19 71 , jj ©;���`►�.Y ,`ro 'a 0 ARY WBLIC dn and for the State of Washington, residing at Auburn. . v pU54 a:w. OLED.��ffJJfor Record at Request of d1s111A��Y GL JT� +r■A■■■n ■r � >'f:� 'A i'M00 0NIN "'0103uo • _•. ff f..�. .. a ... �A`!� JV i)/�d ,o Vr1 c Z. N) w