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HomeMy WebLinkAbout7107090482 PLANTING AREA EASEMENT 070971r'_ SEC Wagner NW cor of 22nd EJlLp--7and Aub. Way No. (20-22) Nwyq. ; PLANTING AREA EASEMENT i THIS AGREUff T made this 18th day of. May 1971 , by and between the CITY OF°AUBURN, a municipal c� rporation of King County, Sd shington, ihereinafter termed "Gr ntee" and D. F. Parker and Bernice M. Parker and _ R. 1Z\"Cady anal #tCady _hereinafter termed "Grantor". r 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 follolwing described property: Portions of the Joseph Brannan DLC #38 situate in Section 7, Township 21 North, Range 5 East, W.M., City of Auburn, County of King, State of Washington, said 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 King County Superior Court Cause No. 85322; thence Southerly along said centerline which is the easterly boundary of said DLC, 376.96 feet to a point on a line projected by the Westerly extension of the North marginal line of 22nd St. N.E., as shown in the Joseph E. Klontz Second Addition, according to plat thereof recorded in Vol. 54 of Plats, Page 100, records of King County, Wash.; thence Westerly along said Westerly projection of the North 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 North along the West marginal line of Auburn Way North a distance `{ of 46.5 feet; thence Westerly to a point which is 10 feet West and 44 feet North of the point of beginning; thence Southerly to a point which is 13 feet West and 13.58 feet North of the point of beginning; thence Westerly to a point which is 32.5 feet West and 7.5 feet North of the point of beginning; thence parallel with the West marginal line of Auburn Way North to the North marginal line of the Westerly projec- tion of 22nd St. N.E.; thence East along the North margin of the Westerly projection of 22nd St. N.E. to the true point of beginning. Togetherwith, for the placement of three (3) circular planting units which shall not exceed six (6) feet in diameter: The West 7 feet of the East 42 feet of said J. Brannan DLC #38 lying North of the above described portion. 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 rig'lt 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 improve7iients 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. Wagner 00 - NW cor of 22nd and Aub. Way No. (20-22) PLANTING AREA EASETiENT THIS AGREUfj made this 18th day of May 1971 , by and between the CITY OF6'AUBURN, a municipalcorporation of King County, :Washington, hereinafter termed '`Grntee" and D. F. Parker and Bernice M. Parker and N R. F.�cady and et#y,Cady _hereinafter termed "Grantor". C.J' WITNESSETH: T That the Grantor, for and in consideration of one and no one hundred dollars ($1.00) receipt of lt:hich 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 East, W.M., City of Auburn, County of King, State of Washington, said 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 King County Superior Court Cause No. 85322; thence Southerly along said centerline which is the easterly boundary of said DLC, 376.96 feet to a point on a line projected by the Westerly extension of the North marginal line of 22nd St. N.E., as shown in the Joseph E. Klontz Second Addition, according to plat thereof recorded in Vol. 54 of Plats, Page 100, records of King County, Wash.; thence Westerly along said Westerly projection of the North marginal line of 22nd St. N.E. a distance of 35 feet more or \ C� less to the present West marginal line of Auburn Way North and the true point of beginning, thence North along the West marginal line of Auburn Way North a distance . of 46.5 feet; thence Westerly to a point which is 10 feet West and 44 feet North of the point of beginning; thence Southerly to a point which is 13 feet West and 13.58 feet North of the point of beginning; thence Westerly to a point which is 32.5 feet West and 7.5 feet North of the point of beginning; thence parallel with the West marginal line of Auburn Way North to the North marginal line of the Westerly projec- tion of 22nd St. N.E.; thence East along the North margin of the Westerly projection of 22nd St. N.E. to the true point of beginning. Togetherwith, for the placement of three (3) circular planting units which shall not exceed six (6) feet in diameter: The West 7 feet of the East 42 feet of said J. Brannan DLC #38 lying North of the above described portion. 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 dny 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, hairs and assigns of both parties hereto. DATED and SIGNED this 18th day of May , 19 71. STATE OF WASHINGTON `J N ss. � COUNTY OF KING O T On this 18th day of May 19 71, before me, the undersigned, a Notary O Public in and for the State of Washington, duly commissioned and.sworn, personally BETTY CADY appeared D. F. PARKER and BERNICE M. PARKER and R. E. CADY and /. 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. GXYEN under my hand and official seal_ is 18th day of May 19 71. .ARY P IC in and for the State o Of ..as .ington, �` �•— residin at Seattle , i �`'•, a• ' % " AC• WAS f "I'll" �� VOL............................. G� FAGS .............. 9 P^'j 11 03 DIRECTOR RECORDS & ELEC T l0Nd3 KING COUNTY, FILED'or R.ccord at uest of Name ........ .. .. Address _..._.__. _ ..._.._ ..._...... �► r w � s