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HomeMy WebLinkAbout7106100520 PLANTING AREA EASEMENT 061071Schoenfeld (148) PLANTING AREA EASEMENT THIS AGREEMENT made this i6th day of April 1971by and between the CITY OF AUBURN, a municipa corp L atK n of KinSg County, Wash ngton, hereinafter termed "Grantee" and Beverly A Shoe cnfeld hereinafter termed "Gra— ntor . WITNESSETH: 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 %pegy; said easement to be employed for the construction and maintenance of 07 circular.planting areas which p shall be not greater than six (6) feet in meter: The Planting Area easement is described as follows: The West seven feet of the followingdescribedpropertylying n the East marginal line of PSH 05: Parallel with The North 100 feet of the South 2029.38 feet of the West 536.5 feet of that por of W. Brannan Don. Land Claim #37 lying East of St. Hwy., said claim being situated in Section 7, Twp tl N, R5E, W.M. l(B(d; Xa1X.X9(t(d(d( WXX X-Q mx mixt( Kd(,X X&R Xd a(mg XAA%XIX I.X&X-K Kd(0i xxd(d(d(!( Xd(Hum iKNXXXXX"4910HXXiXXXXX7KXtKHXd*XXd4Xi(4(d(4(-Kk(%1XY The planting Area Easement Shall be automatically extinquished 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. The Grantor shall retain the option of amending the provisions of this easement to locations suitable to both Grantee and Grantor provided, such amendments are compatible with the conditions herein. K 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 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. Page One DATED and SIGNED this 16th day Of April i9 71- o co STATE OF WASHINGTON M� ss. COUNTY OF � i ng x.. On this 16t h day of April 1971 before me, the undersigned, a Notary g Public in and for the State Of Washington, duly commissioned andsworn, personally appeared L. Kenneth Schoenfeld & Beverly A. Schoenfeld to we known to be the individual •described in and who executed the within and foregoing instrument, and x $ 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 16th day of April 1971 PUBL C in an for ;tad of 6stMr ton, resi ing at ; '1 J- Schoenfeld (148) PLANTING AREA EASEMENT THIS AGREEMENT made this I6fb day of.. Apr i I 1371by and between the CITY OF AUBURN, a municipa —corporation of King County, Wash ngton, hereinafter termed "Grantee" and L_ Kc-nno+k Re�kr%=nf.1,4 ra WITNESSETH: 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 proge , said easement to be employed for the construction and maintenance of on % �• circular.planting,areas which O shall be not greater than six (6) feet indiameter: (-\j The Planting Area easement is described as follows: `J The West seven feet of the following described property lying parallel with the East marginal line of PSH #5: The North 100 feet of the South 2029.38 feet of the West 636.5 feet of that por of W. Brannan Don, Land Claim #37 lying East of St. Hwy., said claim being situated in I, Twp 21 N, R5E0 W.M. IN9xaxx (iaxXRagX1 KXXaftmixxnmanlx!xXX&X%Xj(KXLaK&(§XXXd(Xi(XXHUM The Planting Area Easement Shall be automatically extinquished 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. The Grantor shall retain the option•of amending the provisions of this easement to locations suitable to both Grantee and Grantor provided, such amendments are compatible with the conditions herein. i�j 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 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. Page One DATED and SIGNED this 16th day of Apr i 1 19 i 1- _ L 0 0 STATE OF WASHINGTON ss. • COUNTY OF ng On this 16th day of Apr i 1 1971 before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and.sworn, personally appeared L. Kenneth Schoenfeld & Beverly A. Schoenfeld to me known to be the individual -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 se'a'1 this 16th day of Apr i I 1971 PUBLIC in and for P. $;tate'.ot ' asfaVi pton, resi i ng at - '.� • e- RECORDED VOL PAGE OF u OF 19711 Jul, i6 Pp.1 p Dl,'REcTC.,,, RECORDS & KING COUNTY, Y, LED r c' cr" 2M--............. . '-A " . ........... .... . ..... . .......i '!drm . ............................. ........... 1.