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HomeMy WebLinkAbout7106100526 PLANTING AREA EASEMENT 061071THIS AGREEMENT made this h day of April 1971 by and between the CITY OF AUBURN, a municipal-corporation of King County, Washington, hereinafter termed "Grantee" and Duncan A. Bonjorni,, Charles A. Burgeson, and George Fiori, Jr., hereinafter termed "Grantor' . WITNESSETH: That the Granter, for and in consideration of one and no one hundred dollars CV o ($1.00) does hereby grant unto the Grantee and its authorized agents a planting 0 area easement on the following described property; said easement to be employed P for the construction and maintenance of on_ (1):. circular planting areas which shall be not greater than six (6) feet in diameter: The Planting Area easement is described as follows: The West seven feet of the following described property lying parallel with the East marginal line of PSH #5: That por of the West 184.57'feet of the South 118 feet of the East 307 feet-of the West 1825 feet of the North 245.9 feet of the South 906.84 feet of H.H. Jones Don. Land Claim No. 39 sit inpSe c 6 , Twp 21 N, Range 5East, W.M. lying East of the State Hwy.. Said easement to be Limited to such area as may be used for the circular planting area or areas instaLLed, and the maintenance thereof,. and shaLL not deprive grantors of the use of so much of the gene.raL easement as is not specificaLLy used for said planting areas; whether grantor's use be for planting, parking, buiLding, or other use. This grant of easement shall not diminish the number of parking spaces that would have been availabLe had the affected area been used for parking without the easement; and in the event the easement is used or attempted to be used by grantee for any purpose other than as ex- pressly set forth herein, said easement sha11 revert to grantors in its entirety. 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 I ~lL DATED and SIGNED this -day of . 19 * ~ STATE OF WASHINGTON Lr) COUNTY OF el ss. On this ,GLday of 19 , before me,ethe_undersigned, a Notary Public in and for the Stmt Washington, u y com~nitsioned and. sworn, personally A _J ~ appeared to me known to be the l.x~"u•-, , _J .~rr~-yam ~ individual,D deed in and who executed the within an foregoing instrument, and acknowledged that signed the same as ~i free and voluntary act and deed, for the uses and purposes therein mentioned. U, GIVEN under my hand and official seal this~da of NO RY BLIC an for t ` effi asbft ton, .a resid gat 9 ~0'A , 7 I4y/~~ X71 ~i M1 1 OL OF AGE REQUEST OF 1971 J~"P. 10 PA1 59 RECG%~Y. KKI^:G r. .a'; i FILED four I;~:~~~ guest Name Addre............. . _