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HomeMy WebLinkAboutE 8311010613 ri . '' ' � Y� . � , � ' . EASEMENT FOR ROCKERY _ _. � ._ "� ... .. _ ., :� For and in conside,xation of One Dollar ($1.00) and other ����`�db�e con�i,clsration, the r_eceipt of which is hereby acknowledged, PAUL E. LONGVILLE;--�d,;LEONA LONGVILLE, -:--�.:_. ;.,;_, . . �..-- each as their separate estate ("Grantor" herein) , hereby grants, coriveys and warrant�s- '-'�_' to CITY OF RENTON, a municipal corporation ("Grantee" herein) , for the purposes here� inafter set forth, a perpetual easement over, across and under the following described real property (the "Property" herein) in King County, Washington: The South 133.00 feet of the East 327.50 feet of that portion of the North half of the South half of the Southwest quarter of the Northeast quarter of Section 31, Township 23 North, Range 5 East, W.M. , lying West of County Road No. 80, known as Kent-Renton Road; situate in the County of King, State of Washington. Except as may be otherwise set forth herein, Grantee's rights shall be exercised upon that portion of the Property (the "easement area" herein) described as follows: The East 5.00 feet of the above described Property. � l. Purpose. Grantee shall have the right to construct, maintain, repair and �,,,� replace a supporting rockery of about 133 lineal feet, except driveways, having a � slope of 60 degrees or more where the height of the sidewalk above the grade of � Grantor's immediately adjacent property exceeds 3 feet, together with all necessary 0 or convenient appurtenances thereto, including landscaping reasonably. required for rl such improvements, including the use of topsoil, if necessary. The easement area � shall be for rockery and landscaping purposes only. M � 2. Access. Grantee shall have the right of access to the easement area over and across the Property to enable Grantee to exercise its rights hereunder, provided, that Grantee shall compensate Grantor for any damage to the Property caused by the exercise of said right of access. 3. Clearing and Maintenance. Grantee shall have the right to control, on a continuing basis and by any prudent and reasonable means, including pruning, topping or removal, the establishment and growth of trees, brush and other vegetation upon and adjacent to the easement area which could, in the opinion of Grantee, interfere with the exercise of Grantee's rights herein or create a hazard to Grantee's side- walk and appurtenances, upon the following conditions: in the construction and maintenance of its sidewalk and appurtenances, Grantee shall endeavor to avoid dislocating or damaging existing trees and shrubs within and adjacent to the ease- ment area; and as to any tree or shrub which either initially or at any later time must be removed, Grantee shall allow Grantor to transplant such tree or shrub on Grantor's Property in an area where it will not pose a hazard to Grantee's improvements, if feasible. 4. Grantor' s Use of Easement Area. Grantor reserves the right to use the ease- ment area for any prupose not inconsistent with the rights herein granted; provided that Grantor shall not construct or maintain any building or other structure on the easement area without Grantee's prior written consent. 5. Indemnity. By accepting and recording this easement, Grantee agrees to indemnity and hold harmless Grantor from any and all claims for damages suffered by any person, including but not limited to Puget Sound Power and Light who is the Grantee of a previous easement from Grantor, which may be caused by Grantee's exercise of the rights herein granted; provided that Grantee shall not be responsible to Grantor for any damages resulting from injuries to any person caused by acts or omissions of Grantor. 6. Abandonment. The rights herein granted shall continue until such time as Grantee ceases to use the easement area for a period of five (5) successive years, in which event this easement shall terminate and all rights hereunder shall revert to Grantor. Easement for Rockery - 1 fILED FOR RECORD AT REQUEST Of �<�� � _� � . � OfFICE OF THE Cin ClDlK .,,_; .i...�;� :_ ,, � -,�'" RENTON MUNICIPAL BtDG, �y Z00 Mill AYE S0. .._._�.. , ItEENTON,WA�5 , ...._._. � t � . .� ' ' � . 7 . Successors and Assigns . The rights and obligations of the parties shall inure to the benefit of and be binding upon their respective successors and assigns. DATED this 18th day of October , 1983 . GRANTOR �,�.� �. � � Paul E . Longvil e �,,/ .r���w�.r,r�e� Leona Longville t,,� STATE OF WASHINGTON) � ) ss O County of King ) � On this day personally appeared before me Pau� E. �ongv.ille and O - � Leona Longville, to me known to be the individuals .: described in and M who executed the within and foregoing instrument , a:nd acknowled�ed � that they signed the same as their free and volunta�y act and deed for the uses and purposes herein mentioned. ' - GIVEN under my hand and official seal is 18th day of October , 1983 . � .J �:o ry Pub ic in and for the State of Washington, residing at King County t�r C�R[�E� 1 i�15 flAY ��a� ! ! ! 23 �H '83 E�`,` ""�f� C>�VfSION(O�F)(` r�r. :. ,( ` I li'T�1.�i�J 1���1�l��ff� �Y L1_.��./{ �i�?� �����Y ., t: , , . •M.... � / � . , � .v5 ,(��.�I .1