HomeMy WebLinkAbout7107090485 PLANTING AREA EASEMENT 070971a ,
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THI AGREE,
between the CITY//0
hereinafter to fed
Frank X�/Lon
termed "Grantor
PLANTING AREA EASEMENT
e
MENT made this 14th day of June 9 1971 , by and
F AUBURN, a municipal corpgnation of King County, Washington,
"Grantee" and Stephen F. Lone and Agnes C. Lone, his wife and
and -Florence K. Lone, his wife hereinafter
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:
The East seven feet of the following described property lying parallel with
the West marginal line of PSH #5:
Portion of.:
The South 50 ac of J. Brannan Don. Land Claim #38 situated in Section 7,
Twp 21 North, Range 5 East, W.M. LESS State Highway, lying North of 15th
Street N.E.
Landscape planting within said easement shall be.restricted to the construction
and maintenance of five Ufj circular planting units which shall not be greater than
six (6) feet in diameter.
Upon 30 days notice in writing from the Grantor to the Grantee, said Grantor
shall have the option of requiring that the provisions of this easement be extinguished
and plant materials and landscape improvements removed. Such extinguishment and removal
is to be acr_omptished at the Grantor's expense and shall be conditional upon the Grantor's
providing reasonable evidence that the landscape improvements are detrimental to the sale
and/or development of all or any portion of the above described Parcel. In the event
plant.materials are to be removed as a result of this condition, the City of Auburn shall
have first option on said plant materials which will be*made available by the Grantor to
the Grantee at no cost.
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 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.
DATED and SIGNED this 14th
STATE OF WASHINGTON
� ss.
AT A COUNTY OF
% On this 14th day of June 1971 , before me, the undersigned, a Notary
Public in and for the State of Washington, duly commissioned and sworn, personally
appeared Stephen F. Lone and Agnes C. Lone, his wife and to me known to be the
Frank X. Lone and Florence K. Lone, his wife
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.
hand and official seal this 14th day of June , 1971
oro
x : 0 ARY P LIC a forte State of Rashington,
a o� `: residing at
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VOL*** .... ................. 037
PAGE ...... .. . .. T....� �, U F F, Ti
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