HomeMy WebLinkAboutNot Recorded AGREE AND TEMP CONSTRUCTION EASEMENT 06/02/2014 (2)o- 2 I - S � CV)
Return to: City of Aubum
25 West Main Street
Auburn, WA 98001
Aun Chris Andersen
AGREEMENT AND
TEMPORARY CONSTRUCTION EASEMENT
THIS AGREEMENT made this "'� 'rte a � . ��(date), between Constantine Butenko, hereinafter
called the GRANTOR, and the City of Augviii,Apolitical subdivision of the State of Washington,
hereinafter called the GRANTEE:
WHEREAS the GRANTOR represents and warrants that he is the owner of two adjacent parcels of land,
King County Tax Nos. Parcel No. 215400 -0112 and 215400 -0113, further described as follows:
East Aubum Gardens Tracts No.4 less the Northerly 225 feet; also identified as Parcel 215400-
0112; also identified as 230 V Street SE. The second tract is defined by the South 10 feet of the
North 225 feet of the East 85 Feet of Lot 1 of East Auburn Gardens Tracts No. 4 and the South
85 feet of the North 225 feet of Lots 2 and 3 of East Aubum Gardens Tracts No. 4, also
identified as Parcel No 215400 -0113 and also identified as 224 V Street SE; both parcels are
located in the Southwest Quarter of Section 17, Township 21 North, Range 5 East; W.M., King
County, Washington, and,
WHEREAS, the Grantee is constructing a levee and setback project adjacent to the Grantor's property; and,
WHEREAS, as part of the project, the Grantee needs to remove a quantity of earth, and needs to dispose of
this earth, and,
WHEREAS, Grantor and Grantee agree that it is their mutual interest to allow the City to place the earth on
Grantor's property
NOW, THEREFORE, in consideration of the mutual benefits contained herem, the parties enter into the
following Agreement and Easement.
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1. Grantee will fill and plant an approximate 140'x 60' area in the back, easterly portion of the two lots as
shown in the attached figure, this area will be constructed with a slight grade to drain to the east towards the
river. The new area will be graded to match the existing construction limits and shall be, to the extent
practical, graded to match the existing lawn. Grantee will remove and dispose of all site grubbing and
unsuitable material graded from the site.
2. Grantee will remove the existing fire hydrant located in the southeastern portion of the subject property.
3. Grantee will abandon the existing underground water line in place that is located in the eastern portion of
the subject property.
4. Grantor will clearly mark the limits of the sanitary tank and dram -field, any underground features of
concern, including irrigation, and any landscape features that are not to be disturbed.
5. Grantor, his hens and assigns agree to hold the Grantor harmless from any damage, including costs of
defense, claimed to have been caused by any activity consistent with the above purpose, except that resulting
in whole or in part from the negligence of the City, its successors, or assigns,
6. Grantor agrees that, once construction is complete, Grantee shall have no further obligation to maintain or
repair any fill or plants.
EASEMENT
Grantor hereby grants to the Grantee, its successors, and assigns a Temporary Construction Easement
allowing Grantee to locate equipment and to perform work on the above-described land for the purpose of
carrying on said construction activities.
This agreement and easement shall remain in existence until such time as the Grantee will have fully carried
out the original construction necessary to complete the project, but in any event will terminate on
06/30/2015.
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DATED this rZ-,, day of lr to 2013'.
GRANTOR
Constantine Butenko �� `� ✓G�``^." "
By c`
Title
STATE OF WASHINGTON )
ss
COUNTY OF \ 7 )
WA
On this °�� Pday of 1G / before me, the undersigned, a Notary Public in and for the
Stat % Wash o duly / ,commissioned and sworn, personally appeared
i'f �J�ri/C�0 to me known to be the person who executed the
wit in and foregoing instrument, and acknowledged said instrument to be his free and voluntary act for the
uses and purposes therein mentioned
IN WITII Sn- .tiH FF# have hereunto set my hand and official aHhed ancj year first above written.
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residing at �('rQ/ia.Afz/ l �e
My Appointment expires
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