HomeMy WebLinkAbout7106100528 PLANTING AREA EASEMENT 061071Valley Assn.
NE...cor...of..,37t
_
Aub. Way No.
(89-95)
PLANTING AREA EASEMENT
CD THIS AGREEMENT made this 12th day of. May 19 71 by and
between the CITY OF AUBURN, a municipal corporation of King County, Washington,.
hereinafter termed "Grantee" and VALLEY ASSOCIATES, a Limited Partnership,
hereinafter
termed "Grantor".
WITNESSETH:
That the Grantor f d "&ns4d
. ( 1 "tet }r-" ---e~ gk4owl=edgdoes 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:
.Portions of the following described Parcel "A" said portions-being defined
as follows:
Beginning at the Southwest corner of said Parcel "A", thence North along the
East marginal line of Auburn Way North a distance of 46..5 feet; thence East-:
erly to a point wh.ich is 44 feet North and 10 feet East of the point of
beginning; thence Southerly to a point which is 13.58 feet North and 13 feet
East of.the, point of beginning; thence Easterly to a,point which is 7.5
-feet North and 32.5 feet East of the point of beginning; thence South parallel
with the East marginal line of Auburn Way North to the North marginal line
of-37th St. N.E.; thence. West along said North marginal line of 37th St. N.E.
to point of beginning. .
-Together with, for the construction and maintenance of.seven (7) circular
planti-ng areas none of which shall exceed 6 feet in diameter and shall be distant q
80 feet more or less apart, the following parcel lying North.of the above described
portion: The East 7 feet lying.parallel with,the East marginal line of Auburn
Way North.'
,
PARCEL "All
~ .
The North,611.94 feet of South 756.94 feet of the N 2391.18 feet of the East
'.698:64 feet of the H.H. Jones D.C. #39 lying North and adjacent to the North
marginal line of 37th'St. N.E. and situate in~Section 6 \ Township 21 North,
Range ^5 East, W.M-:, LESS State Highway.
The Planting Area Casement 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 th,Mn ! Grantor, .p~e s--eh~evw,
me-~~--awe=ce~pa~~~~~=w=i7~=t-kre=col-ti=or~~~e = r~
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.
Sr I
b,
` This casement shall be automatically extinguished and said property
restored to its original condition by the Grantee in the event the Grantee
CO fails to prepare and furnish to Grantor a Correction*Easement instrument
which shall specifically describe each circular planting area, in accordance
with an as-con-structed survey; for the purpose of substituting said
descriptions for the strip description hereinabove set forth, by not later
;p than September 30, 1971.
Construction, maintenance and removal of-landscape improvements, and
replacement and repair of property improvements disturbed or destroyed in
connection with the foregoing, shall be at the sole expense of Grantee,
and Grantee hereby covenants to indemnify Grantor for, and to save and hold
Grantor harmless from, any and all claims, suits, losses and/or expenses
(including reasonable attorney's fees and, in the event of litigation, the
reasonable costs and expenses thereof) resulting from the construction and
maintenance of said landscape improvements.
EXECUTED this 9day of May, 1971.
Grantor:
VALLEY ASSOCIATES, a Limited
Partnership, by SALUS CORPORATION,
its General Partner
By - - -
Ramon E. Brown, its Vice President
STATE OF WASHINGTON)
) SS.
COUNTY OF KING )
antee:
On this day of May, 1971, before me, the undersigned, a notary
public in and for the State of Washington, duly commissioned and sworn
personally appeared RAMON E. BROWN to me known to be the Vice President of
Salus Corporation, the corporation that executed the foregoing instrument
and acknowledged the said instrument to be the free and voluntary act and
deed o.f__s_aid.corporation, for the--uses and purposes therein mentioned, and
on oath stated that he was authorized to execute the said-instrument and
that the seal affixed is the corporate seal of said corporation.
.WITNESS my hand and official seal hereto affixed the day and year
in this certificate above written.
M1,4 T~q
NOT
PU LIC in
a d
for the
StaD~~
of Wash'
n,
siding at
THE CITY OF AUBURN, a Municipal
RECORDED
PAGE OF
OF
197; 10 P"
r -~s k d~,~
K 11,4
FILED firP~-.
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