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HomeMy WebLinkAbout7107090486 PLANTING AREA EASEMENT 070971• 1 • Y.7 Lone ........... co '44- O 0� O Aft. .f 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 d t f �� 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 C' -10 co .mot -- ri STATE OF WASHINGTON ss. 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 10-7i i O vi r VOL JL r �.L I RECORDS &, KING COUNc) 011, `�, �+ ti n t- CO a� 0 0 0 t� a► 1 FILED f r Record at west of ..Name........ Address._...._...�._...._..._._.. ..._....._..._