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HomeMy WebLinkAbout7107090489 PLANTING AREA EASEMENT 070971Wagner- C166e168) 0111 co AT O T 0 PLANTING AREA EASEMENT THIS AGREEMENT made this 15th day of June 1971 y and between the CITY OF AUBURN, a municip 1 corporation of King County, Wa ington, hereinafter termed "Grantee" and D. F. Parker and R. E. Cady, Bernice M. Parker and Bettv Cady, husbands and _wives respectively, 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 438 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 di-ameter lying north of and adjoining the north marginal line of 22nd Street N.E. with points of tangency for each of the three (3) respective planting areas being 155 feet west, 235 feet west and 315 feet west of the east marginal line of said J..Brannan DLC #38. 0 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 the maintenance and upkeep of the planting units or remove the planting units from the encumbered property. n �J 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 r iz DATED and SIGNED this 2 1st day of June , 1971 . STATE OF WASHINGTON ss. COUNTY OF KING On this 21stiay of June , 1971 , before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared D. F. Parker, Bernice M. Parker, Betty Cady and to Ilse known to be the R. E. Cady individuals -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. GIVEN under my hand and official seal this 21st day/.of June 1971 . �'�. �`ati .•.'� NOTARY PUBLIC in and for the State of Washington, residing at Seattle C7 t" ; R�COF;,".LO VOL 0' 997, 4.; L, 9 �+,7 1 2? Dlf;Ec T Q„ a. RECORDS & ELEC7T,C;.13 �? KING COUNTY,�H C) 0% 0 CO e-� 0 0 o, 1 FILED for Record at Request of