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20030268.pdfP , CITY OF E D M O N D S GARY HAAKENSON MAYOR 121 5TH AVENUE NORTH • EDMONDS, WA 98020 • (425) 771.0220 • FAX (425) 771.0221 DEVELOPMENT SERVICES DEPARTMENT lhc.189v Planning III Building • Engineering r January 23, 2002 RECEIVED Mr. Rob Michel Michel Construction, Inc. 7907 — 212th Street SW, #102 Edmonds, WA 98026 Mr. Don Henderson 15925 — 75th Place West Edmonds, WA 98026 RE: Right of Way Permit #01-208 — Project on 74th Place West FEB 2 0 20-03 BUILDING DEPT, Dear Mr. Michel and Mr. Henderson: z • Y This is to confirm the agreement reached on January 23, 2002 regarding the construction of the right -of --way improvements. by Rob Michel, Michel Construction, Inc., on 74th Place West in Edmonds. It is agreed as follows: Mr. Michel auees to: • Relocate the paved surface of the new road to the eastern edge of the 74th Place West right -of --way, and relocate the associated utilities accordingly. • Relocate the hammerhead/driveway entrance to Lot A 20 feet to the south. • Remove those trees (but leave the stumps) on the northeast corner of Mr. Henderson's property, to be flagged for removal by Mr. Henderson on January-23, 2002. • Stabilize the site of tree removal within the right-of-way. Install grass for erosion control to prevent slides.., • Plant new landscaping of Mr.Henderson's reasonable choice to replace the screening effect for the hot tub formerly provided by the trees that are subject to removal. Replacement plants to be no taller than 6 feet in height at the time of planting. • Relocate Mr. Henderson's fence to a minimum of 2 feet to the west of the west ed e n�fth�e nyPw_naved roadway thickened ed e.�:Only that portion o the ence within 2 feet of the new asphalt pavement will be relocated. In no case will any part of the existing fence be relocated any further to the east than is presently existing. • Submit AutoCAD final as -built drawings to the City upon completion of the work. • Incorporated August 11, 1890 • Sister Citu - Hekinan. Japan , Mr. Henderson agrees es to. ` • Not object to the removal of trees shown on the Michel Construction drawings to be in the City right -of --way and to be removed. • Grant permission to Mr. Michel to remove those trees on the northeast corner of Mr. Henderson's property to be flagged by Mr. Henderson on January 23, 2002 for removal. e .Release Mr. Michel, Michel Construction, Inc., Briggs Construction, and the City from liability or responsibility in the event that any trees on Mr Henderson's property not flagged for removal and therefore not removed by Mr. Michel should die. • Not appeal the City's issuance of the subject right -of --way permit to Briggs Construction (contractor for Rob Michel, Michel Construction) for the improvements to 74t' Place West • Submit- a properly completed application for a City encroachment permit for installing his privately owned fence in the City right -of way. The City agrees —to.• • Allow the slope of the portions of the hammerhead to the east of the east edge of the right -of --way to be a maximum slope of 12 percent. • Approve Mr. Henderson's properly completed and submitted encroachment permit for locating his fence in the right -of --way: .� • Not require Mr. Michel, Michel Construction, or Briggs Construction to resubmit revised plans for City review prior to construction. The City will allow construction to proceed based upon "red lined" drawings reflecting the changes. in this agreement, to be followed by submission of AutoCAD final as -built drawings upon completion of the work. - II Cincerely_ DAVID K. GEBERT, PE . City Engineer Agreed: Agreed: (/'lie 13 Rob Michel Date o enderson Date I .. I I i I 1 When recorded mail to: City Clerk City of Edmonds 121 Fifth Avenue North Edmonds, WA 98020 APPLICANT IS: Property Owner 0 Business Owner c Glatt CONFORMED COPY 200304160289 5 PGS 04-16-2003 09,a32am $23.00 SNOHOMISH COUNTY, WASHINGTON SPACE ABOVE THE LINE FOR RECORDERS USE Assessor.'s Farcel No.: 005/07163CM65&10 This ENCROACB ENT AGREEMENT ("Agreement") is entered into between the CITY OF EDMONDS ("City") and DoJJA0% L, &OUDeAsdV ("Owner[s]"), -in accordance with Chapter 18.70 of the Edmonds Community Development Code. kve1a,1Z .�, lr;27 At k4 6o id o Me , 5 kl 04 1. The Pro er Owner is the owner of that certain real property located at IN within the City of Edmonds, Washington, Assessor's Parcel Number 6 0 ,131 n 3 QQ o !q"Q0 and more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. Business owner, _ 14A is the business owner of that certain real property noted above. 2. The Easement, The City currently owns an existin asement over, under, and across Owner's property for street, alley, sidewalk, other .i 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 FENCE dP E 4S' S/,DE F LO% to remain in a portion of the City right-of--way/easement. A plat 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. ' -1- I t , i a i y l: f ' 1 l ,1 1 f 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 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. ce The Owner must remove or relocate any part of othe 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 alien upon the property. (L 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. 1 r 4. Entire Agreement. This Agreement constitutes the entire agreement between ;0 �. .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,.: I Aw 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 � i k# Edmonds, WA 98020 If to the Owner: 1)onomD L, �JENA��sa s��s -%s%� L t,�I E which addresses may be changed from time to time by providing notice to the other party in the manner described above, i 1 c �r 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 act by Owner. Any waived. 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.. i A i i j J ti di ti ' ... I41 1 did .11 4 "e - Cry rt t { f r Y'Pe d. � 1 1 i l 1 i i 9. 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. ' CaRscity, 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 ;WjAday of pr�6va 20 By: STATE OF WASHINGTON ) COUNTY• OF SNOHOMISH ) This day, personally appeared before me, D orkoj.d L Odsve SOY. to me known to be the person(s) who.executed the within and foregoing document and that (he/she/they) _h_ signed the same as (his/herhheir) free and voluntary act and deed for the uses and purposes therein mentioned, ' ed�(-1.(� "'- t Notary Public Notary Pubic t Gho en m • UJaA i r ry► K Cite of Washington Typed or Printed Name ALE A M* WARINNER Feb 289 2006 My Commission expires, 2. 2� • �Lp CITY OF AF DIVISION t��©3 -3- }1 f Exh"bit,A i ,.• J tion of 15825 i5�" Place West " Legal Description Edmonds, WA 98026 X I 'I r� ' Lots 5 and 6, Block 30, Meadowdale Beach, according to the plat iiy �iJiJ IK ~Srh� t� " thereof recorded on volume 5 of Plats, page 38, in Snohomish County, •I �:(,S,Sf�� aZ Yw �,.r.,-i'ri A i k (q 1 0: r - - CPrps F'°� ^\ i Washington SAC: 2�1 (Z a4 7�i f' 5 4 t i q y i t d x I � � �i t l l'! S4 r i jr � ( ! � e • v !J ° 0051 3.103000500 Assessor's Parcel Number t � q yitl` N!•44 It 1 a JYt �ggl1 tu..t ' t2r� '.it i I •i1 , t 1 •f ! .. .ai ti ! f !"ILI It (: I tJ •. I Pr i 2Y MmIMI.M Exhibit C