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HomeMy WebLinkAbout7106100524 PLANTING AREA EASEMENT 061071burI1i19iOrl Nt:rLhCrll ill: SW cor 22nd & Aub. W.N. r, (18-19) (ALTERNATE #1) PLANTING AREA EASEMENT THIS AGREEP;ENT made this 3rd day of May * 1971 9 by and between the CITY OF AUBURN, a municipal corporation of King County, Washington, hereinafter termed "Grantee" and LAMBUTH, SILL & SPR.AGUE, INC., a _ Washington corporation hereinafter rmed "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 landscape improvements on the following described property: Portions of the Joseph Brannan DLC #38 situate in Section 7, Township 21 North, Range 5 Fast, W.M., City of Auburn, County of King, State of Washington, said N �n ,J _.p D portions being defined as follows:, Commencing at the Northeasterly corner of said DLC, said corner being on the center line of the East Valley Road (now Auburn Way North) as originally condemned in icing County S!Iperior Court Cause No. 85322; thence Southerly along said centerline, which . is the easterly boundary of said DLC, 436.96 feet to a point on a line projected by the Westerly extension of theSouth marginal line of,22nd St. N.E. as shown in the Joseph E. Klontz Second Addi-tion, according to plat thereof recorded in Vol. 54 of Plats, Page 100, Records of King County, Washington; thence Westerly along said Westerly projection of the South marginal line of 22nd St. N.E. a distance of 35 feet more or less to the present West marginal line of Auburn Way North and the true point of.beginning; thence South along the West marginal line of Auburn Way North a distance of 32 feet; thence Westerly to a point which is 7.5 feet IMest and 32 feet South of the point of beginning; thence Northerly to a point which is 13 feet West and 12 feet South of the point of beginning; thence Westerly to a point which is 32.5 feet West and 7.5 feet South of the point of beginning; thence North parallel with the West marginal line of Auburn Way North 7.5 feet to the South marginal line of the Westerly projection of 22nd St. N.E.; thence East along the South margin of the Westerly projection of 22nd St. N.E. 32.5 feet to the point of beginning. Togetherwith: Two (2) circular planting areas 7 feet in diameter West of the West marginal line of Auburn Way North with points of tangency on the West marginal line of Auburn Way North, the point of tangency for the first circular planting area being 100 feet South of the point of beginning and the point of tangency for the second unit, being 180 feet South of the point of beginning. 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 easement to locations suitable to both Grantee and Grantor provided, such amend- ments are compatible -with the conditions herein. That. said Grantee shall have the right without prior institution of any s!.jit 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 therefur; 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. k �r N CD C) O 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 3•rd day of May, 1971 LAMBUTH, SILL & SPR.AGUE, INC. By 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 &-.SPR.AGUE, 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 seal Areto affixed the dayhand year first above written. NKary Nub 11 c in ana t i ington, residing at S a e Mate ovkss RCCOROCD VOL .......... .. OF- Q -. S er ').,:�CCTO, ; REcORDS KltqG Cojjj�, .................... . .... ... .