Enc_Agreement-Recorded.pdfWhen recorded mail to:
City Clerk
City of Edmonds
121 Fifth Avenue North
Edmonds, WA 98020
NO EXCISE TAX
REQUIRED
OCT 2 0 2016
KIRKE SIEVERS, Snohomish County Treasurer
By KIRKE_ SIEVERS_`_.
CONFORMED COPY
201610200133 6 PGS
1012012016 9 32am $78.00
SNOHOMISH COUNTY; WASHINGTON
SPACE ABOVE THE LINE FOR RECORDERS USE
Assessor's Parcel No.:00513300003201
Applicant: Leroy Saunders
ENCROACHMENTAGREEMENT
This ENCROACHMENT AGREEMENT ("Agreement") is entered into between the
CITY OF EDMONDS ("City") and LerQy Saunders
("Owner[s] "), in accordance with Chapter 18.70 of the Edmonds Community Development
Code. Crz-VN+0W—; 0—t-J-t1 u� EdnVNda j VAAe 6
1. The Property. Owner is the owner of that certain real property located at
15911 74 h Place West within the City of Edmonds,
Washington, Assessor's Parcel Number 00513300003201
and more particularly described as follows _
, or
as described in Exhibit "A" attached hereto and incorporated herein by reference.
2. The Easement. The unopened City right-of-way adjacent to owner's
property.
3. The Encroachment. The Owner desires to encroach upon the public
easement and the City hereby covenants and agrees and grants its permission to Owner to
allowa retaining wall and driveway to remain in a portion of the City right-of-way/easement. A
partial site plan, scaled 1 "=20', showing the location of the encroachment is attached as
Exhibit 'B" and incorporated by reference. This Agreement is subject to the following terms
and conditions:
-lof4-
a. On behalf of themselves, their successors and assigns, the Owner promises to
maintain, repair, remove and/or replace the encroachment located in the easement
at their sole expense to the standards established by the City. All maintenance,
repair, removal and/or replacement shall be conducted solely at the Owners'
expense.
b. The Owner, on behalf of themselves and their successors and assigns,
acknowledge that the City had no obligation to approve the encroachment within
the easement for the sole benefit of the Owner, and the agreements contained
herein, provide sufficient consideration for the Owner and their successors and
assigns to maintain, repair, remove and/or replace said encroachment located in the
easement at their sole expense in perpetuity.
c. The Owner promises to indemnify and hold harmless the City, its officers, agents
and employees from any loss, claim or liability of any kind or nature arising from
or out of its promises contained within this agreement, including any damage that
may be caused to the encroachment by the City's operation, maintenance, repair,
replacement or other work related to construction activity within the easement
This promise to hold harmless and indemnify includes defense by counsel of the
City's choosing, the payment of reasonable attorney's fees and court costs.
Nothing herein, however, shall be interpreted to require the Owner to indemnify
the City from the negligence or intentional tortuous act of its employees, officers,
or agents.
d. The Owner shall at the request of the City, promptly remove, repair, reconstruct,
and/or replace the encroachment at the Owners' sole expense. Upon receipt of
notification from the City that the City requires removal of all or portions of the
encroachment from within the easement, the Owner will promptly remove those
portions of the encroachment from within the easement area as required by the
City at their sole expense. If the portions of the encroachment required by the City
to be removed are not timely removed by the Owner, they shall be removed by the
City at the expense of the Owner, and the Owner shall reimburse the City for the
costs of removal of the encroachment and disposal of materials as well as for any
increased construction costs or consequential damages incurred by the City due to
the Owners' delay. In the event that portions of the encroachment must be
removed to facilitate utility and/or construction activity by the City within the
easement or other requirements of the City, the Owner shall be solely responsible
for replacement of the encroachment at their expense upon completion of the
utility and/or construction or other activity by the City.
e. Whatever rights and obligations were acquired by the City with respect to the
easement shall remain and continue in full force and effect and shall in no way be
affected by City's grant of permission to construct and maintain the encroachment
structure.
-2of4-
f. The property owner is required to provide and continually maintain during the
term of the permit a certificate of insurance naming the City as an additional
insured, with respect to liability, and providing that it shall be primary as to any
other policy of insurance. A copy of the insurance certificate shall be provided to
the City at the beginning of each calendar year, no later than the 21st day of
January.
4. Entire Agreement. This Agreement constitutes the entire agreement between
the parties with respect to the subject matter hereof and supersedes and replaces all other
agreements, oral or written, between the parties with respect to the subject matter. This
agreement may not be amended except in writing in a document filed of record with the
auditor of Snohomish County, Washington.
5. Notices. Any notice which is required or may be given pursuant to this
Agreement shall be sent in writing by United States mail, first class, postage pre -paid,
registered or certified with return receipt requested, or by other comparable commercial
means and addressed as follows:
If to the City:
City Engineer
City of Edmonds
121 Fifth Avenue North
Edmonds, WA 98020
If to the Owner:
�&=/tN e CaLZ-FG—r✓ 5'U,NDii
p_ v . BOX '11-06'7
-77-
which addresses may be changed from time to time by providing notice to the other party in
the manner described above.
6. Waiver. City's consent to or approval of any act or omission by Owner shall
not constitute a waiver of any other default by Owner and shall not be deemed a waiver or
render necessary City's consent for approval to any subsequent act by Owner. Any waiver by
City of any default must be in writing and shall not be a waiver of any other default
concerning the same or any other provision of the Agreement.
7. Termination of Agreement. In addition to any other remedy provided for by
law, the City reserves the right to terminate this agreement in the event the encroachment
negatively impacts or damages the City's easement and/or underlying utility systems or
violates any condition of service adopted by the City, at its sole discretion, as may be
necessary to prevent damage to the City's utility system, or any other public facility which
may be impacted by the Owners' failure to properly use the easement.
8. Successors and Assigns. This Agreement shall be binding and inure to
the benefit of the parties hereto and their respective legal representatives, successors, and
assigns. Owner agrees to incorporate this agreement by reference in any subsequent
deeds to the property, but any failure to do so does not invalidate this provision.
-3of4-
9. Capacity. Each party represents that the person(s) executing this Agreement
on behalf of such party has the authority to execute this Agreement and by such signature(s)
thereby bind such party.
IN WITNESS. WHEREOF, the parties hereto have executed this Agreement on this /� day
of, (), 2014
OWNER(S):
B y : �, p.GLv✓ By:
STATE OF WASHINGTON
COUNTY OF SNOHOMISH
This day, personally appeared before me, 1 z /" s / Z a / y _
to me known to be the person(s) who executed the within and foregoing document and that
(he/she/the . signed the same as (his/her/their) free d voluntary act
and d _ �c the d purposes therein mentioned.
,;s%ON F,po`F
01 A
NX
Notary Pub is
�,_ ;
J. - 23-2Q..;�C?�
....»..•
Typed or Printed ame
.
OF WAS
/7
My Commission expires:
CITY OF EDMQND S
By: ,
ENGI Rr6 D ON
-4of4-
Commitment No. 6491364-1
#i$ l 'A LEGAL DESCRIPTION
SCHEDULE A CONTINUED
The land referred to in this Commitment is described as follows:
That portion of Tract 32 of Meadowdale Beach Supplemental Plat, according to plat recorded in Volume 5
of Piats at page 42, in Snohomish County, Washington, described as follows:
Commencing at the Northeast comer of said Tract 32: thence North 89 57'00" West. along the North line
of said Tract 32, for 211.33 feet to the Northwest corner of a Tract of Land conveyed to Daniel Glantz and
Marle V. Glantz, husband and wife, by Deed recorded under Recording No. 1186206, the true point of
beginning; thence South along the West line of said Glantz Tract to the South line of Tract 32, thence
West, along the South line of said Tract 32 to the Southwest Comer thereof; thence North, along the
West line to the Northwest corner of said Tract 32: thence East along the North line of said Tract 32 to
the true point of beginning_
1
1
I
U
m
4
I
1
CQ
pL vXL C vA g
Q
r t59t1 747H PLACE WEST
o
PARCEL NO. 00513300003201
�- --
h ^
- 135•__
Jo
I
e
a
1
I
-1IX PohFR TRN�4LRLcit — — — — — — — — — — — —
10' WIDE STORM RECORDING NO.
ee
C4RJO';w
EASEMENT PER200106185001
Ex cnMN a— — — — — — — S89.5742"E 226.49'
wrartrsexQt-------------
AL40IWE
a x��
20 0 10 20 40
i inch = 20 it.
ENCROACHMENT PERMIT SNOH-M11-11SH COUNTY PARCEL NO. 00513300003201
-6v 18q 0
CN�2-olgc2-0 9
ENCROACHMENT PERMIT #:_
BUILDING PERMIT #:_
5%-D2-b 1''--tt p 31-7
RECORDING #:
ENCROACHMENT PERMIT APPLICATION
check box for Encroachment Including Artwork in the Public Right -of -Way
PROPERTY OWNERNAME: Leroy Saunders
Phone 425-308-2868
PROPERTY OWNER MAILING ADDRESS: PO Box 4067 Everett WA 98204
BUSINESS NAME
BUSINESS OWNER NAME:
(for Commercial applications): N/A
Plere
ADDRESS OFPUBLIC ENCROACHMENT: 15911 74`" PL W, Edmonds
Permanent structures encroaching upon any portion of public space, City right-of-way or easement area
shall meet all Code Requirements as set forth in the following chapter of the Edmonds Community
Development Code.
18.70 STREET USE AND ENCROACHMENT PERMITS
PERMIT ISSUANCE
An Encroachment Permit may be issued, at the discretion of the Development Services Director, City
Engineer or their respective designee, for permanent structures encroaching upon any portion of public
space, City right-of-way or easement area , if the structures are placed in compliance with the above
referenced Code Section and the following criteria are met:
1. It has been concluded that the proposal will not adversely impact public space open to vehicular or
pedestrian travel;
2. Architectural Design Board approval has been granted or the process has been administratively
approved;
3. The proposal will not unreasonably interfere with the rights of the public; and
4. The proposal either benefits the public interest, safety or convenience (e.g., supports or protects the City
street) or is an accessory structure such as a fence normally associated with residential use of the
property as fully complies with the requirements of Criteria 3 above.
5. Edmonds Arts Commission has reviewed the required materials and made a favorable recommendation.
DESCRIPTION OFPROPOSED ENCROACHMENT: (include total square footage ofencroachment and give
specific location such as, S west offace ofcurb and IO' south ofc/1 ofdriveway entrance) Approximately 42' loner
3.5' high concrete wall proposed within 741h Place West public right of way for purposes of
supporting proposed driveway. Driveway will be 12' wide plus curb. Driveway length is
approximately 96 feet
APPLICANT TO READ AND SIGN
NOTE: The issuance of this permit is understood by the applicant to be of a temporary nature, revocable by
the City per ECDC 18.70,040 and that no vested right is granted. /applicant is responsible to provide a
copy of the insurance certificate to the City at the beginning of each calendar year, no later than the 21s°
day of January.
INDEMNITY.- The applicant understands and by his/her signature to this application, agrees to hold the
City of Edmonds harmless from any injuries, damages or claims of any kind or description whatsoever,
foreseen or unforeseen, that may be made against the applicant or the City of Edmonds, or any of its
departments or employees, including but not limited to the defense of any legal proceedings including
defense costs, court costs, and attorney fees by reason of granting this permit. In addition, the applicant
understands that he/she shall provide and continually maintain during the term of the permit a certificate
of insurance naming the city as an additional insured, with respect to liability, and providing that it shall
be primary as to any other policy of insurance.
CODE APPLICATION: By signing the application below the applicant warrants that s/he has read or had
the opportunity to read Chapter 18.70 of the Edmonds Community Development Code and s/he
understands that all terms of the adopted ordinance are incorporated herein as if set forth in full and this
application and permits therefore are subject to the terms of those Chapters.
SIGNATURE l L DATE 19-6--11, 11
Property Owner
******* DEPARTMENT APPROVALS ***** FOR CITY USE ONLY *******
Date Rcv'd: by: Cert. of Insurance verified by: _ Date
.Public Works Approved by:
Remarks:
.Planning Division Approved by:
Remarks:
.Edmonds Arts Commission Approved By:
Remarks:
NEngineering Division Approved by:
Remarks:
Date
ADB##
_ Date,
Date
SAEngrTorms\Encroachment Apphcation.doc Revised 10/9/2007