Loading...
422 MAIN ST.PDF11111111111111 11947 422 MAIN ST AbL od, '-itt", STOP Aim m ILI When recorded mail to: City Clerk City of Edmonds 121 Fifth Avenue North Edmonds, WA 98020 200112101017 12/10/2001 04L44 PM Snohomish P-0005 RECORDED County SPACE ABOVE THIS LINE FOR RECORDER'S USE RECORDER'S NOTE: Assessor's Parcel No. — , � (A q(��;Ccw pORTIONS OF TI-IIS DOCUMENT Project No.& Name: - T��cz_ '/ oc-c4(, ARE POOR QUALITY FOR SCANNING. ENCROACHMENT AGREEMENT EP1q1VD& P,4,47- 0,--- i3l-&- &5- This ENCROACHMENT AGREEMENT ("Agreenic CITY OF EDMONDS ("City") and is entered into between the ("Owner[s]'), in accordance with Chapter 18.70 of the Edmonds Community Development Code. T,ex-Rryovoir; 7— ,,#Owner is the owner of that certain real property located at K-Wff 1Y, - t - - g /k / 5 p within the City of Edmonds, Washington, Assessor's Parcel Number 0 0 q3,q# 0 15-60 (, C, (, and more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. Business owner, 4 Killer is the business owner of that certAn real property noted above. 2. The Easement. The City currently owns an existing easement over, under, and across Owner's property for street, alley, sidewalk, other ( '-,Kxn c) V't` 7" �- i il,,� sdv)�ake) which is described in Exhibit "B" attached hereto and incorporated by reference. 3. The Encroachment. The City hereby covenants and agrees and grants its pennission to Owner or Business Owner to allow to remain in a portion of the City right-of-way/easement. 9plat map showing the location of the encroachment is attached as Exhibit "C" and incorporated by reference.. This Agreement is subject to the following terms and conditions: - a. The encroachment shall be installed and maintained in a safe and sanitary condition at the sole cost, risk, and responsibility of the owner and its successors in interest. b. The Owner shall agree at all times to indemnify and hold the City free and harmless from any and all claims, demands, losses, damages or expenses resulting from the -I- construction, maintenance, use, repair or removal of the structure installed hereunder, including any loss, damage or expense arising out of (1) loss or damages to property and (2) injury to or death of persons. C. The Owner must remove or relocate any part of the encroachment within ten (10) days or such other time as specified in the notice after receipt of it from the City Engineer, or the City Engineer may cause such work to be done and the reasonable cost thereof shall constitute a lien upon the property. d. 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. 4. Entire A2reemen . 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. 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: �0 If to the Cit : City Engineer City of Edmonds 121 Fifth Avenue North Edmonds, WA 98020 If to the Owner: lei &del-3r-,+6'k?-5 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 unnecessary City's consent for approval to any subsequent a ct 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. -2- Me 200112101 -0-1.1 7. 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. 8. 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 0Qj- , 20_0�_. OWNER(S): By: k;;63� By: STATE OF WASHINGTON COUNTY OF SNOHOMISH This day, personally appeared before me, --(CA, VV% Ty'\ � I ryN, I � kos—L to me known to be the person(s) who executed the within and foregoing -document and that (helshelthey) the same as (hislherltheir) free and voluntary act and deed for th therein mentioned. .47 t%OTA/� + UBL%G L -0.0%.4p -W-A My Commission expires: !�� -aD CITY OF DMONDS By: ENGINEERING DIVISION G:\SHAMTEMP\13LULDft4GUfANMUMncroachA&rm.dm -3- "'001121 full o-17 Aw I 13 ------------------------------ MetroScan Snohomish : ------------------------- Owner :Turner Arm RTSQ :03E27N23 -SE CoOwner APN :00 4344 015 006 01 Site Addr :422 Main St Edmonds 98020 OldParcel :4344 015 006 01 08 Mail Addr :PO Box 458 Edmonds Wa 98020 Parcel ID :108996S Rec Date :01/22/1996 Deed Structure :$137,700 Price :$225,000 Loan Land :$219,300 Aud Fee# LnAmt Total :$357,000 ActualUse :Retail Store Levy Cd :00210 Lender : 2001 Tax :$4,540.08 Vest Type :Sole And Separ IntTyp: Phone Bldg Name :Comstock Jewelers / Shoe Repair %Owned :50 Land Use :530 Com,Retail,General Merchandise Volume :1 Page :26 NbrhdCode :500 Easmnt Zoning :Bc Census ZoningRest : Tract :505.00Block :4 Sub/Plat :Edmonds Plat Of Map Grid :454 FS Legal :EDMONDS PLAT OF BLK 015 D-01 - LOT BedrOOMB Bath F3H Stories Fireplace Spa Units :1 Bldg SF :4,438 1st SF :4,438 2nd SF 3rd SF 4th SF BsmntSF :672 LotAcre Lot SF Heating :Sus Htr Roof View WtrFront: Year Blt :1959 EffYrBlt :1972 BldgGrad Avg BldgCond Avg WaterSrc :Public Sewer :Sewer EXHIBIT A 2001 12101Y%17 13-1- LZi 7 " 011414d' V- 4, ANVE 641 90 JDAYTON' s S. E. ALDER ST SUNSET QS (a conda) /0 t ao 7 GOVT LOT 2 B S.E.'1/4, OF S:E V4-". SEC. 23,T2tN., R.3E.W.M. 1". 200, 400112101-017 When recorded mail to: City Clerk City of Edmonds 121 Fifth Avenue North Edmonds,.WA 98020 CONFORMED COPY 200112101017 12/10/2001 04:44 PM Snohomish P.0005 RECORDED County SPACE -ABOVE THIS LINE FOR RECORDER'S . USE Assessor's Parcel No. 4 -�54 qGG;CC(,(S Project No. &.Name: J ENCROACFIMENT AGREEMENT This ENCROACHMENT AGREEMENT ("Agreement") is entered into between the CITY OF EDMONDS ("City") and A- C/-* e ("Owner[s]"), in accordance with Chapter 18.70 of the Edmonds Community Development Code. 1. The Pro lerty. Owner is the owner of that certain real prope . rty located at qz-Z- -/,IA)A 5-1- f;WO-�AdS within the City of Edmonds, Washington, Assessor's Parcel Number C-90 y3qq -�C, (' , and more particularly described in Exhibit "A" attached hereto and in�-o-iporated herein by reference. Business o er, /L( wn is the business owner of that certain real property noted above. 2. The Easemefit. The City currently owns an existing easement over, under, and across Owner's property for street, alley, sidewalk, other which is described in Exhibit "B" attached hereto and incorporated by reference. 3. The Encroachment. The City hereby covenants and agrees and grants its permission to Owner or -Business Owner to allow to remain in a portion of the City right-of-way/easement. plat map showing th I e location of the encroachment is attached as. Exhibit "C" and incorporated by. reference. This Agreement - is subject to the following terms and conditions: a. The encroachment shall,be installed and maintained in a safe and sanitary condition at the sole cost, risk, and responsibility of the own er and its successors in interest. b. The Owner shall agree at all times to indemnify and hold the City free and harmless from any and All claims,. demands, losses, damages or expenses resulting from the -I- construction, maintenance, use, repair or removal of the structure installed hereunder, including any loss, damage or expense arising out of (1) loss or damages to property and (2) injury to or death of persons. C. The Owner must remove or relocate any part of the encroachment within ten (10) days or such other,time as specified in the notice after receipt of it from the City Engineer, or the City Engineer may cause such work to be done and the reasonable cost thereof shall constitute a lien upon the property. d. Whatever rights and obligations were acquired by the City with respect to the easement shall remain and continue in full force and effict and shall in no way be affected by city's grant -of pennission to construct and maintain the encroachment structure. 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. 5. Notices. Any notice which is.req'uired or.may be i 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: 0 If to the Ci : ,City Engineer City of Edmonds 121 Fifth Avenue North Edmonds, WA 98020 If to the Owner: kt� A- ;5�11L 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 o . r render unnecessary City's consent for approval to any subsequent act by Owner. Any waiver by City of any default mutt be in writing and shall not be a waiver of any other default concerning the same or any other provision of the Agreement. -2- 7. Successors and Assigns. This Agreement sh ' all 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. 8. Capaci . 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 haveexecuted this Agreement on this day of 20 C OWNER(S): By: By: STATE OF WASHINGTON ) COUNTY OF SNOHOMISH This day, personally appeared before me, --rc), in rYA I-e-A' to me known to be the person(s) who executed the within and foregoing d6cument and that elshelthev) e same as (hislherltheir) firee and voluntary act and deed for th therein mentioned. 4oTA& Notary -Public 22, 7.1p.. OF' Typed or Printed Name "4111 Ills My Commission expires: CITY OF DMONDS B y: 7/c ­_ E]�GINEERING DIVISION Cr�SHAU\TEW\BUILDINGUiANDOUAacro=hAgm.doe . 1 -3- ------------------------------ MetroScan Snohomish ------------------------- Owner :Turner Ann RTSQ :03E27N23 -SE CoOwner APN :00 4344 015 006 01 Site Addr :422 Main St Edmonds 98020 OldParcel :4344 015 006 01 08 Mail Addr :PO Box 458 Edmonds Wa 98020 Parcel ID :1089965 Rec Date :01/22/1996 Deed Structure :$137,700 Price, :$225,000 Loan Land :$219,300 'Aud Fee# LnAMt Total :$357,00 0 ActualUse :Retail Store Levy Cd :00210 Lender 2001 Tax :$4,540.08 Vest Type :Sole And Separ IntTyp: Phone Bldg Name :Comstock Jewelers / Shoe Repair %Owned. :50 Land Use :530 Com,Retail,General Merchandise Volume :1 Page :26 XbrhdCode :500 Easmnt Zoning :Bc Census ZoningRest : - . Tract :505.00Block :4 Sub/Plat :Edmonds Plat Of Map Grid :454 F5 Legal :EDMONDS PLAT OF BLK 015 D�01 LOT Bedrooms* Bldg SF -.4,438 LotAcre Year Blt :1959 Bath F3H ist SF :4,438 Lot SF EffYrBlt :1972 Stories .2nd SF Heatin 9 :Sue Htr BldgGrad :Avg Fireplace 3rd SF Roof BldgCond .:Avg Spa 4th SF View WaterSrc :Public Units :1 BsmntSF :672 WtrFront Sewer :Sewer AW 7L' 0 IS9 PS, 4 'V' I d1AME3 _4 Im JDAYTON' s ALDER ST 5 /0 co 6 GOVT LOT 2- a S.E.1/4, OF* S.E V4-1- SEC. 23,T2tN., R.3EAM. I". 20d ENCROACHMENT PERMIT ROUTING FO 1� PERMIT DATE APPLICATION RECEIVED: ADDRESS OF.PUBLIC USE: PROPERTY OWNER:' F-1 in ONCE YOUR REVIEWIS COMPLETE, PLEASE ROUTE TO THE NEXT DIVISIONIDEPARTMENT ON THE LIST. PLEASE ROUTE IN THE ORDER SHOWN \1, P F- PLANNING DIVISION Date Stamp Received: PUBLIC WORKS Date StAmp-Reiceived. ENGINEERING DIVISION i4ife-s-fi-i4-Received: DS ADMIENISTRATION Date Stamp Received: r APPR OVAL SIGNA TURES AND REMARKS OR COMMENTS ARE TO BE MADE UNDER THE "DEPARTMENTAPPROVALS"SECTION ON THE PERMIT. RAengrWormsTricroachment permit routing A? 0'V E D Af 0 All St. I PROPERTY OWNER ENCROACHMENT PERMIT APPLICATION aF--� — '321/ -,/.? / / PROPERTY OWNER MAILING ADDRESS: 'Pr'. e ex BUSINESS NAME for Conmierical applications: $te ACI e.- — "I CA-o-15 ADDRESS OF PUBLIC USE: q ?—L Aou- A, 54 Edgwmds 11 W-4- 9<6--0 1-->d Describe the portion of public space, City right-of-way or easement area to be utilized (i.e., overhead space of sidewalk, 10 foot City utility easement along north property line, etc): Describe the type of encroachment or use desired (i.e., fence 6 feet by 150 feet, awning 3 feet wide by 7 feet long, etc.): . aq ��' �A—s — ::� e> r, P / -T 'O'A Specify the length of time for use (i.e. awning for life of building, espresso cart for summer months, etc.), L -�-r 041 &-k-5)^rs-5 NOTE: The issuance of this permit is understood by the applicant to be ofa temporary nature and that no vested right is granted. INDEMNIYY- The applicant understands and by hislher 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 or any legal proceedings including defense costs, court costs, and attorney fees by reason of granting this permit. In addition, the application understands that the City shall be provided a Certificate of Insurance to indemnity and hold harmless the City of Edmondsfrom all claims andlor property damage, and naming the City ofEdmonds as an additional insured. CODE APPLICATION: By signing the application below the applicant warrants that s1he has read or had the opportunity to read Chapter 18.70 of the Edmonds Community Development Code and s1he understands that all terms of the adopted ordinance are incorporated herein as ifsetforth infull and this application andpermits therefore are subject to the terms of that Chapter. V W-6 Encroachho.docjlglO/00 . CRITERIA OF PERMIT APPROVAL The applicant shall follow the noted conditions on the building permit. For applications that do not require a building permit the following criteria shall be maintained at all times. > Provide safe pedestrian travel for sidewalk encroachments. Maintain a clear zone of 44 inches minimum. See definition of clear zone below. > Exterior light fixtures, banners and flags must be a minimum of 7 feet above City right-of-way. > Maintain clear landings on the exterior side of all required exit doors of 44 inches or no less than width of door, measured toward the street. > No projections into City alleys are permitted unless the projection exceeds 15 feet above pavement surface. > Do not block illumination from City light fixtures or hang objects from City light standards. > Architectural projections from buildings must be approved by the Design Board and conform to Uniform Building Code requirements. A building permit shall be required for such projections. > Maintain 3 feet of clearance around fire hydrants, standpipes, manholes, water meters, blowoffs, cleanouts and valve& > Bistro dining tables and chairs must be placed in accordance with City Ordinance No. 3293. > Merchandise racks, espresso carts, flower planters, benches must not be located within the "clear zone". > Ramps require a separate building permit and must conform to UBC standards. Clear Zone Definition: Clear Zone refers to an area 7 feet in height and 44 inches in width providing a level, safe walking surface along the public sidewalk (i.e. measuring 44 inches from edge of street tree grates or newspgper stands toward place of business and from the ground up to a height of 7 feet). ------------------ DEP.AR Planning Division Approved By Remarks or Comments: ALS --- FOR CITY USE ONLY ------------------- - I G Q- - Date 11-3-10 Public Works Approved B Date Remarks or Comments: Engineering Division Approved By Bond Date A�411�1- Remarks or Comments: -A�77VAO WW14seAW 4- 7' h6ww- 01a9wilte, Certificate of Insurance Verified By_ Easement Agreement sent to City Clerk ENCROACHMENT PERMIT# ISSUANCE DATE RELEASED BY RECEIPT # BUILDING PERMIT # RECORDING # Encroachho.docjlg 10/00 AWRD, CERTIFICATE OF LIABILITY INSURANC�wjm MK NDE-1 DATE (MWDDfYY) 10/10/01 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Soundview Insurance Agency Inc HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR PO Box 6249 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE Lynnwood WA 98036 Phone:800-803-7000 Fax:425-712-1058 INSURED INSURER A: Travelers Casualty INSURER B: Kinder Britches Inc Keith & Tammy Miller 422'Main St Edmonds WA 98020 INSURER C: INSURER D: I INSURER E: I COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFE TIVE DATE (MM/DD �(Y) POLICY EXPIRATION M DATE ( M/DD1YY) LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 500000 FIRE DAMAGE (Any one fire) $300000 A X COMMERCIAL GENERAL LIABILITY I-680-464L130-3 08/12/01 08/12/02 CLAIMS MADEFX� OCCUR MED EXP (Any one person) s5000 PERSONAL & ADV INJURY $500000 _7 GENERAL AGGREGATE $1000000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/013 AGG $1000000 1-1 POLICYF—j JERC0j F-] LOC AUTOMOBILE LIABILITY ANY AUTO COMBINED SINGLE LIMIT (Ea accident) $ BODILY INJURY (Per person) $ ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per accident) $ HIRED AUTOS NON -OWNED AUTOS PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ ANY AUTO $ AUTO ONLY: AGG EXCESS LIABILITY EACH OCCURRENCE $ OCCUR EICLAIMS MADE AGGREGATE $ $ DEDUCTIBLE $ RETENTION $ WORKERS COMPENSATION AND I A I u--F--r0TF7 TVVOLRY' LIMITS I I ER EMPLOYERV LIABILITY E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT $ OTHER A Business Owners 1-680-464L130-3 08/12/01 08/12/02 PROPERTY 55120 DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS It is understood and agreed that the City of Edmonds is named as F-ry ED R C an Additional Insured. OCT 15 2001 PERMIT COUNTER CERTIFICATE HOLDER Y I ADDITIONAL INSURED; INSURER LETTER: CANCELLATION CITYOFS SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAJL 4 5 DAYS WRITTEN City of Edmonds NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL Building Eivision IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR 121 5th Ave N Edmonds WA 98020 REPRESENTATIVES. I I Tony Conti U ELAA �,k3L&� I Y / PI ACORD 25-S (7/97) @ACOR11 CORPORATION 1988 Partial Sign Review Completed Oct. 2001 for Russell Sign Company Chanda Earhart Assistant Planner KINDER BRITCHES: Sign Area Permitted Sinn Area Proposed Sign Height Permitted Sign Height Proposed Window Graphics #1 [2] 14 feet [3] Storefront from 5th Ave. I Window Graphics #2 [4] 151 14 feet [6] Storefront from Main St. Projecting Sign #1 16 square feet 1.43 square feet 14 feet [7] Storefront from 5th Ave. Projecting Sign #2 16 square feet 0.51 square feet 14 feet [8] Storefront from Main St. Wall Sign #1 191 14.75 square feet 14 feet [l 0] Storefront from 5th Ave. Wall Sign #2 [11] 14.75 square feet 14 feet [12] Storefront from Main St. Further Information Needed: 1 . Measured length of the storefront frontage along 5th Ave. 2. Total square footage (in feet) proposed for window graphic #1 along the window on 5th Ave. 3. Measured height from the sidewalk/ground level to the top of the window graphics on 5th Ave. 4. Measured length of the storefront frontage along Main St. 5. Total square footage (in feet) proposed for window graphic #2 along the window on Main St. 6. Measured height from the sidewalk/ground level to the top of the window graphics on Main St. 7. Measured height from the sidewalk/ground level to the top of the projecting sign #1 on 5th Ave 8. Measured height from the sidewalk/ground level to the top of the projecting sign #2 on Main St 9. Measured length of the storefront frontage along 5th Ave. 10. Measured height from the sidewalk/ground level to the top of the wall sign #1 on 5th Ave. 11. Measured length of the storefront frontage along Main St. 12. Measured height from the sidewalk/ground level to the top of the wall sign #2 on Main St. storefront window. storefront window. APPLICATION for The City of Edmonds $WE SEWIM PFAMT NEW CONSTRUCTION qO1_0 AEPAIRS 0 EASMAWTT No . .......................................... 7400 OWNER .................. HUbbar.d�-S.Wamzon ... Bldg - - ------------------------------- CONTRACTOR .................................................................................................. PER31IT No . ...................... ADDRESS .............. 422 ... Ma.i-n ... S-t ............................................................ LEGAL DESCRIPTION: LOT No . ..................................... ...... .. ..... .. .. -- - ......... BLOCK No. - .......................................... Uj LU U) NAMEOF ADDITION ............................................................................................ Dye Tested On Sewer June, 1972 Approved: DATE................................................ By ............................................ .........................