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HomeMy WebLinkAboutNot Recorded AGREE AND TEMP CONSTRUCTION EASEMENT 07/30/2014t a 11 zl S (C)V Return to City of Auburn 25 West Main Street Auburn, WA 98001 Attn: Chris Andersen AGREEMENT AND TEMPORARY CONSTRUCTION EASEMENT 2d/ THIS AGREEMENT made this �� Dorsey A. Bjork, hereinafter called the GRANTOR, and the City of Au *(date),fetween ubdivision of the State of Washington, hereinafter called the GRANTEE- WHEREAS the GRANTOR represents and warrants that she is the owner of a parcel of land, King County Tax Parcel No. 2154000122, located at 2130 2°d Street SE, Auburn, Washington, and further described as follows- EAST AUBURN GARDEN TRS W 126 FT OF N 140 FT, PLAT BLOCK 4, LOT 3 WHEREAS, the Grantee is constructing a levee setback project adjacent to the Grantor's property; and, WHEREAS, a depression exists in the eastern most portion of the Grantors property, east of the existing laurel hedge; and, Whereas, the depression extends off -site to the east of the Grantor's property; and, WHEREAS, as part of the current project, the Grantee desires to fill the depression up to the grade that exists beyond the depression; and, WHEREAS, Grantor and Grantee agree that it is in their mutual interest to allow the City to place fill material on eastern portion of Grantor's property as previously described. NOW, THEREFORE, in consideration of the mutual benefits contained herein, the parties enter into the following Agreement and Easement AGREEMENT 1 Grantee will fill the easterly portion of the subject property, as shown on 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 filled and graded to match the existing grade on the subject property. Grantee will remove and dispose of all site grubbing and unsuitable material graded from the site. The existing laurel hedge on Grantor's property will be left in place. Upon completion of fill, Grantee will stabilize the fill material using a native seed mix or inert organic material as determined appropriate by Grantee, to prevent sediment transport or erosion. 2 Grantor, her heirs and assigns agree to hold the Grantee 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; 3. Grantor agrees that, once construction is complete, Grantee shall have no further obligation to maintain or repair any fill or plants on Grantor's property. 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. DATED this aw day of 2014 GRANTOR: Dorsey AA BBjorrkk �y STATE OF COUNTY OF � On WON of States of Wai uses and purposes IN WITNESS ss. 2014, before me, the undersigned, a Notary Public in and for the m, duly commissioned and sworn, personally appeared y , to me known to be the person who executed the ment, and acknowledged said instrument to be his free and voluntary act for the mentioned. hereunto set my hand and official seal the day and year first above written. ff N� Nv .�` 1102 bier 1 �Nyran09....\e1C! s hh4�tOFiW AN�.�° Notary seal, text and all notations must be inside 1' margins _7 All (Print or stamp name of N NOTARY B t and for the Sta o as ' n, residing at My Appointment expires 9 D 0 ry ry FIGURE - WORK TEMPORARY CONSTUCTION EASEMENT Printed Data ]/16/2011 Map Created by City of Auburn eGlg Information shoem is for general reference purposes only and does not necessarily represent exact geographic or cartographic data as mapped. The City of Auburn makes ro warranty as to 14 accuracy 0