HomeMy WebLinkAbout7106100529 PLANTING AREA EASEMENT 061071VALLEY ASSN.
SE cor of 37th ,
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N.
PLANTING AREA EASEMENT
ON - -
CU _
CD THIS AGREEMENT made this 12th day.of May 197y by and
CD between the CITY OF AUBURN, a municipal corporation of King County, Washington,
~D hereinafter termed "Grantee" and VALLEY ASSOCIATES, a Limited Partnership,
ZD hereinafter
termed "Granto-r".-
WITNESSETH:
That the Grantor /ZOO
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:
Portion'..of following described Parcel "A" said portion being defined as
follows:
Beginning at the Northwest corner of said Parcel "A"; thence South along.the
East marginal li.ne-of Auburn.Way North a distance of 46.5 feet; thence
Easterly to a point which is 44 feet South and 10 feet East of the point of
beginning; thence Northerly to a point which is 13.58 feet South and 13 feet
East:of the point of beginning; thence Easterly to a point which is 7.5
feet South and 32.5 feet East of the point of beginning; thence North parallel
with the East marginal line of Auburn Way North to the South marginal line
of 37th St. N.E.; thence West along,said North marginal line of 37th St. N.E.
to point of beginning.
PARCEL "A_'_
The South 85 feet of South 756.94 feet of the North 2391.18 feet of the East
698.64 feet of.the H.H. Jones D.C.#39, lying.South__and.,adjacent to the South
margi,na-l 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 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 _ ~g IV.
easement to locations suitable to Grantor
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.
,A
This easement shall be automatically extinguished and said property
restored to its original condition by the Grantee in the event the Grantee
fails to prepare and furnish to Grantor a Correction Easement instrument
which shall specifically describe each circular planting area, in accordance
with an as_corstructed survey, for the purpose.of substituting said
descriptions for the strip description,hereinabove set forth, by not later
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 /O d day of May, 1971.
STATE OF
COUNTY OF KING
SS.
Grantor:
Grantee:
VALLEY ASSOCIATES, a Limited
Partnership, by SALUS CORPORATION,
its General Partner
_._By_. _
.Ramon E. Brown, its Vice President
THE CITY OF AUBURN, a Municipal
On this /Z 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 of said corporation, for the uses and purposes therein mentioned, and
on oath stated that he was authorized t eexecute 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.
NO AR C a for the
Stat - f Washi o riding at
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Corporation
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RECORDED
PACE REQUEST OF
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