HomeMy WebLinkAbout7105060424 PLANTING AREA EASEMENT 050671PLANTING AREA EASEMENT
THIS AGREEMENT made this day of~ , 19 7,", by and between
the CITY OF AUBURN, a Municipal corporation ~)dng County, Washington, hereinafter
termed "Grantee" and PUGET SOUND POWER & LIGHT COMPANY, a Washington corporation,
hereinafter termed "Grantor",
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WITNESSETH:
That the Grantor, for and in consideration of One and No One Hundredths Dollars
($1.00) does hereby grant, without warranty of any kind, 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 two .(2) cir-
cular planting areas. which shall_bez,not.greater than six (6) feet in diameter:
The planting area easement is described as follows:
The east ,7 feet of the south 14 feet of the north 62 feet, and the east
7 feet of the south 14 feet of the north 122 feet of the following
described property:
That portion of Harvey Jones Donation Claim iff__Se_ctiori ,~Township 21
North, Range 5 East, W.M., in King County, Washington, described as
follows :
Beginning at the southeast corner of the west 1487.34 feet of the north
2286.76 feet of said claim; thence northerly parallel with the west line
of said claim 165 feet to true point of beginning; thence continuing north-
erly along said parallel line 170 feet; thence westerly parallel to the north
line of said claim 264 feet; thence southerly parallel to the west line of
-said claim 170 feet; thence easterly parallel to the north line of said
claim 264 feet to the true point of beginning; EXCEPT the easterly 5 feet
thereof deeded to the City of Auburn for street purposes by deeds recorded
under Auditor's File Nos. 6358788 and 6379500.
The rights herein granted are subject to the following terms and conditions:
1. Grantee shall have the right without prior institution of any suit or pro-
ceeding at law, at times as may be necessary,.to enter upon said easement for the
purpose of construction and maintenance of landscape improvements including necess-
ary cuts and fills, 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.
2. Grantee agrees to save and hold Grantor harmless from all loss or damage
which may be due to the exercise by Grantee of the right herein granted, and from
all claims for such damage by whomsoever made, and to indemnify Grantor for all
such loss, damage and claims.
3. The rights hereby granted shall cease and,determine whenever Grantee shall
have permanently abandoned or ceased'to maintain the facilities accommodated by this
easement.
4. -Grantor reserves the right to,use the lands encumbered by this easement
for its own purposes in any way, not inconsistent with the rights granted herein.
5. Grantor shall retain the option of relocating said planting areas to future
locations on the front seven (7) feet of Grantor's property which may be more;:compatible
to Grantor's use of its property. Said relocation shall be at Grantor's sole cost
and expense.
6. Grantor shall not be liable for any loss or damages to Grantee's facilities
resulting from Grantor's use of the lands encumbered by this easement unless such
loss or damage is due to a negligent act or omission of Grantor.
7. Grantor reserves the right to grant rights to others along or across the
lands encumbered by this easement provided that the rights so gra nted are not incon-
sistent with the rights herein granted to Grantee.
8. Should any branches or roots of the plants established by virtue of the
rights granted herein interfere with or constitute a hazard to Grantor's operations
on its property, Grantee shall, at its sole cost and expense, take whatever action
is necessary to remove said interference or hazard within sixty (60) days after
receiving notification from Grantor.
9. No assignment of the privileges and benefits accruing to the Grantee here-
under, by operation of law or otherwise, shall be valid without the prior written
CV consent of Grantor.
"qf -0-r 10.. This_easement_ shall _b_e a_ , caoZ4ant_ iWing with the land and the rights and
CDobligations of the parties shall inure to the benefit of and be binding upon their
U-) respective successors and assigns.
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IN WITNESS WHEREOF, said corporation has caused this instrument to be
executed by its proper officials on the day and year first above written.
By
By
STATE OF WASHINGTON
) SS
COUNTY OF KING )
On this 7. day of rY 197 before me, the undersigned,
personally appeared SLIE T an. B. SCHDOGL, to me known to be the
Manager, Real Estate Division and Secretary, respectively, of PUGET SOUND POWER &
LIGHT COMPANY, the corporation that executed the foregoing instrument, and acknow-
ledged the said instrument to be the free and voluntary act and deed of said corpor-
ation, for the uses and purposes therein mentioned, and on oath stated that they
were 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 first above
written.
Notary Public
residing at
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PUGET SOUND POWER & LIGHT COMPANY
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