HomeMy WebLinkAbout7107090486 PLANTING AREA EASEMENT 070971• 1
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PLANTING AREA EASEMENT
THI4 AGREEMENT made this
between the CITY OF AUBURN, a mun
hereinafter termed "Grantee" and
Franke . Lone and Florence K.
termed "Grantor
WITNESSETH:
14th day of June 1971 by and
cipal corporation of King County, Washington,
Stephen F. one and Agnes C. Lone, his wife and
Lone, his wife hereinafter
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:
The North 30 ac of the South 1/2 of J. Brannan Don. Land Claim.#38 situate
in Section 7, Twp 21 North, Range 5 East, W.M., LESS State Hwy.
EXCEPT, the South 200 feet of the North 600 feet.
Landscape planting within said easement shall be.restricted to the construction
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an main enance o five � circular planting units which shall.not be greater than
six (6) feet in diameter.y s.F1-
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 accomplished at the Grantor's expense and shall be conditional upon the Grantor ss
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 dato ^f 111ho
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ri STATE OF WASHINGTON
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COUNTY OF
On this 14th day of 6une 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.
.under my hand and official seal this 4th day of Jun 1971
mV
O ARY MALIC an fort State of Washington,
;< residing at
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