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HomeMy WebLinkAbout7107090488 PLANTING AREA EASEMENT 070971f Lambuth/Sill 163-165 M77 29 CO W% j Z / a PLANTING AREA EASEMENT T 1971 by and between � THIS AGREEMENT made this 18th _day of June Ft- Washington, hereinafter .,the CITY OF AUBURN, a municipal corVration of King County, a Washington termed "Grantee" and LAMBUTH, SILL & SPRAGUE, INC. hereinafter termed r ration "Grantor". WITNESSETH: That the hereby grant thein cGranteeaandnof one its authorized agentsno one narplantingrs (1.00) does her Y 9 described property; said easement to be employed ndfolma area easement on the. and for the construction and intenanfeetfin diametere circular planting areas whit shall be not greater than six (6) The Planting Area easement is described as follows: Three circular portions of the Joseph Brannan DLC #38 situate in Section 7, Township 21 North, Range 5 East, W.M. situate in the City of Auburn, County ions in of King, State of Washington, thelsouthtmarginalhlinenof722ndtSt. N.E. with ei lying south of and adjoining points of tangency for West andt315he tfeet westrofpthe�eastlmarginalrlinebofng 155 ft. west, 235 f C'— said J. Brannan DLC #38. and s omatcalxtinglsoperty The Planting Area Easement shallbe autthe Grantee�initheeeventutheeGranteeailtsrheunits restored to its original condition by successors and assigns, shul abandon om theethem ered aintenancertye an upkeep of the planting or remove the planting units ing the ement The Grantor shall retain GIanteetand Grantor provided provisions s of provided, suchamendmentsarescmpatible to locations suitable to both with the conditions herein. to enter upon said easement That said Grantee shall have the right without prior institution o an suit or proceeding at law, at times as may be necessary, for the purpose of construction and maintenanceleflandscape d fills without incurring any alobligationpo�vlmabilitytherefor; cluding necessary cuts ang in such a provided that such cons�alltnot beadisturbed oprldestroyed, or inmanner tprivate theeventteyare property improvements the Gra�teetion as they were immediately destroyed, they will be replaced in as 900 before the property was entered upon by This easement shall be assignsrunning of with the land and shall be binding on the successors, heirs, Page One Lambuth/Sill 163-165 co . cO PLANTING AREA EASEMENT Ts THIS AGREEMENT made this 18th ay of June ,19 71 by and between rthe CITY OF AUBURN, a municipal corpp'ration of King County, Washington, hereinafter termed "Grantee" and LAMBUTH,✓✓SILL & SPRAGUE, INC., a Washington corporation. hereinafter termed "Grantor" WITNESSETH: That the Grantor, for and in consideration of one and no one hundred dollars ($1.00) does hereby grant unto the Grantee and its authorized agents a planting area easement on the.following described property; said easement to be employed for the construction and maintenance of three (3) circular planting areas which shall be not greater than six (6) feet in diameter: The Planting Area easement is described as follows: Three circular portions of the Joseph Brannan DLC #38 situate in Section 7, Township 21 North, Range 5 East, W.M. situate in the City of Auburn,.County of King, State of Washington, said portions each being 7 feet in diameter lying south of and adjoining the _south marginal line of 22nd St. N.E. with ,points of tangency for each of the three (3) respective planting areas being 155 ft. west-, 235 feet west and 315 feet west of the east marginal line of said J. Brannan DLC #38. The Planting Area Easement shall be automatically extinguished and said property 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 amendments 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. Page One • I --* IN 4lITNESS 41HEREOF, said corpora' -ion has caused this instrument to be exe- ` cuted by its proper officers and its corporate seal to be hereunto affixed this 18th day of June, 1971. LAMBUTH, SILL & SPRAGUE, INC. By /11,�AMi0-1 • esi16ent cretary STATE OF WASHINGTON ) ss. County of King ) On this 18th day of June, 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 W,4-a, �e Secre- tary, respectively, of LAMBUTH, SILL & SPRAGUE, INC., the corporation that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and dyad of said corp oration, for the uses and purposes therein mentioned, and on oath stated that they are au4-horiZed to execute the said instrument and that the seal affixed is the corporate seal of said corporation. WITNESS my hand and official seal eto affixed the day and year first above written. n S 1 �i r L �_,.�t/1 N. MIFM �� L4- qN - I W-40 C; '.� -- :,—,' 3 " � K 1,11 -0 C C U *,) FILEDOOf for I) Awe JIM