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HomeMy WebLinkAbout7106100523 PLANTING AREA EASEMENT 061071Lambuth Sill iS PLANTING AREA EASEMENT THIS AGREEMENT made this 3rd day of M ay 1971 b y and between the CITY OF AUBURN, a municipal —corporation of King County�Wa ,�ington, hereinafter termed "Grantee" and LA MBUTH SILL & SPRA GUE, INC., a Washington Corporation Grantor". hereinafter termed WITNESSETH: That the Granter, 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 propegp said easement to be employed f' for the construction and maintenance of fou (4J circular planting areas which shall be not greater than six (6) feet in iaumeter: c� tiThe Planting Area easement is described as follows: The East seven feet of the following described property lying parallel with O the West marginal line of PSH #5: All of J. Brannan Don. Land Claim #38 sit in Sec 7, Twp 21 N, R 5 East, W.M. EXCEPT the South 100 acres thereof and EXCEPT the North 660 feet thereof and LESS State Highway. Upon the selection and the construction of the above described circular planting areas, the areas so selected shall be deemed appropriated by the Grantee under this easement, and the description of the property subject to the "Bement shall be limited to the areas so selected and appropriated by the Grantee. 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 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 + .r 1 �4 Lambuth Sill (14-17) PLANTING AREA EASEMENT THIS AGREEMENT made this 3rd day of M ay 1971 by and between the CITY OF AUBURN, a municipalcorporation of King County, Wash ngton, hereinafter termed "Grantee" and LA MBUTH SILL & SPRA GUE, INC., a Washington Corporation hereinafter termed "Grantor 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 forpe[4. ; said easement to be employed for the construction and maintenance of 1 circular planting areas which shall be not greater than six (6) feet in diameter: M NThe Planting Area easement is described as follows: The East seven feet of the following described property lying parallel with the West marginal line of PSH #5: -�- All of J. Brannan Don. Land Claim #38 sit in Sec 7, Twp 21 N, R 5 East, W.M. EXCEPT the South 100 acres thereof and EXCEPT the North 660 feet thereof and LESS State Highway. Upon the selection and the construction of the above described circular planting areas, the areas so selected shall be deemed appropriated by the Grantee under this easement, and the description of the property subject to the easement shall be limited to the areas so selected and appropriated by the Grantee. The Pia'ntitig 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 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 i 0 IN WITNESS WHEREOF, said corporation has caused this instrument to be exe- cuted by its•proper officers and its corporate seal to be hereunto affixed this 3rd day of May, 1971 By LAMBUTH, SILL & SPRAGUE. INC. acx h. bpryague President By ( L&Y-L-� Alan G. Buchan, Ass't. Secretary ig• STATE OF WASHINGTON ) ss. County of King ) On this 3rd day of May, 1971 before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared JACK H. SPRAGUE and A LA N G. BUCHA N to me known to be the President and Assistant Secre- tary, respectively, of LAMBUTH, SILL & SPRAGUE, INC., the corporation that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corp oration, for the uses and purposes therein mentioned, and on oath stated that they are authorized to execute the said instrument and that the seal affixed is the corporate seal of said corporation. WITNESS my hand and official sealjyereto affixed th dayjand year first above written. Notary Nublic in and for AM ington, residing at fea le RIOT-- 0 u O tri C7 s—# a t�- N %0 O 0 ry 4 RECORDER VOL...--..._............_.... 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