HomeMy WebLinkAboutNot Recorded AGREE AND TEMP CONSTRUCTION EASEMENT 06/02/2014I.
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Return to- City of Auburn
25 West Main Street
Auburn, WA 98001
Attn• Chris Andersen
AGREEMENT AND
TEMPORARY CONSTRUCTION EASEMENT
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THIS AGREEMENT made this (date), between Dan Whipple and Lola Camacho
hereinafter called the Grantor, and the City dfAfibum, a political subdivision of the State of Washington,
hereinafter called the Grantee
WHEREAS the Grantor represents and wan-ants that they are the owner of a parcel of land, King County Tax
No. 029318 -0070, and described as follows-
Lot 7 of the Plat of Ashley Avenue, also identified as Parcel No. 029318 -0070; also identified
as 2020 3rd Court SE 98002; Located in the Southwest Quarter of Section 17, Township 21
North, Range 5 East; W M., King County, Washington
WHEREAS, the Grantee is constructing a levee and setback project adjacent to the Grantor's property; and,
WHEREAS, as part of the project, the Grantee needs to remove a quantity of earth, and needs to dispose of
this earth, and,
WHEREAS, Grantor and Grantee agree that it is in their mutual interest to allow the Grantee to place the
earth on the Grantor's property.
NOW, THEREFORE, in consideration of the mutual benefits contained herein, the parties enter in the
following Agreement and Easement.
AGREEMENT
1. Grantee will fill and plant an approximate 60'x 30' area in the back easterly portion of the lot as shown in
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 graded to match the existing construction limits and shall be, as practical, graded to
match the existing lawn The Grantee will remove and dispose of all site grubbing and unsuitable material
2. Grantor will clearly mark the limits of the sanitary tank and drain -field, any underground features of
concern including lawn irrigation and any landscape features that are not to be disturbed.
3. Grantor agrees that, once construction is complete, Grantee will have no further obligation to maintain or
repair any fill or plants.
4. The Grantor, his/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.
EASEMENT
1. Grantor hereby grants to the Grantee, its successors, and assigns a Temporary Construction Easement,
allowing Grantee to locate equipment and to work on the above described land for the purpose of carrying on
said construction activities.
2. This agreement shall remain in existence until such time as the GRANTEE will have fully carved out the
original construction necessary tg49mplete the project, but in any event will terminate on 06/30/2015.
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DATED this Z day of
GRANTORS:
Dan Whipple and Lola Camacho
STATE OF WASHINGTON
) ss.
COUNTY OF )
20/9
On thisday of /rsL 294- 3,'before me, the undersigned, a Notary Public in and for the
State of Washington,/dh commissioned and sworn, personally appeared Dan Whipple and Lola Camacho,
to me known to be persons who executed the within and foregoing instrument, and acknowledged said
instrument to be their free and voluntary act for the uses and purposes therein mentioned.
IN WITNESS WHEREOF I have hereunto set my hand and official seal the day and year first above written.
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My Appointment expires
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GRANTEE WLL FILL AND PLAN *N Af PR0XIMA -fE 5,000 SQUARE FEET ARE'4
YARD AS SHOWN; THIS AREA MLL BE CONSTRUCTED 114TH A SUG-IT GRADE
TOWARDS THE RIVER. THE NEW AREA WILL BE GRADED TO MATCH THE EXI
APPROXIMATELY AT TH£ LIMI'V; SHOWN ON THIS 1 -,GUR' AVU `044CL K. IC
GRACED TO MATCH TI-IC EXISTING -A'%N'N. 1RANICFA1-V1EL RLMOVE AND DISPC
ANT) UNSUI -A5[E MATFRIAI �RADFD FROM THE SI7F -HF OfSTURP.E1) ARF
PLANTED NTH APPROXIMATELY 30 - 5 �4- 499DA�t TREES. A SWALE W
LIMITS OF THE FILL TO DRAIN WATER TO THE' E'ASrT6'11AY FROM THE
A 4' CHAIN LINK WITH GATE WILL dL INSiALLLU AT lHF API-RO
EXISTING FENCE CCRNER TO THE N0q.7R. ADJUSrIOMM' Y
EQUIVALFNT GOMPFNSATION MY RL M.1DE TO THF-
GRANTOR WILL CLEARLY IDENTIFY TS OF THE S
UNDERGROUND OR OV'ERIiEAD FEA FCONCIR
CLEARLY IDENTIFY ANY LANDSCAP11�111ES THA
IN THE GRAN
TO DRAIN
STIN(? A
THE
SE .OF G
ED A
AT THE NORTH
TES. '
INTO AN
GRANTOR
AI I,ATICN.
IN -FIELD AND ANY
E GRANTOR WILL