20081203132839.pdfWhen recorded marl to:
City Clerk
City of Edmonds
121 Fdth Avenue North
Edmonds, WA 98020
CONFORMED COPY
200811240561 5 PGS
11124/2008 4; i9rp N6.00
SNOHOMISH COUNTY, SHINGTON
SPACE ABOVE THE LINE FOR RECORDERS USE
Assessor's Parcel No.: C7a 11161-010766 760
Applicant: {Yy G. "Cl is tret�t_S. rrhio
ENCROACHMENT AGREEMENT
This ENCROACHMENT AGREEMENT ("Agreeinent") is entered into between the CITY Op'
EDMONDS ("City") and _ ("Owner[sl"), in accordance with Chapter 18.70 of the Edmonds Community
Development Code. This agreement supersedes and replaces all other agreements, orator written, between the
parties with respect to the subject matter. Specifically this agreement supersedes the Encroachment Agreement
notarized July 17'`. 2007 and recorded with Snohomish County on April 14, 20M under #200804141170.
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J. The PMerty. Owner is the owner of that certain teal property located at
3en —ftpl2 tSi >(pel_._. _ within the City of Edmonds,
Washington, Assessor's Parcel Number—.Qp-1{ 3.�JQ0-7 &0-a—:Jr�
and more particularly described as follows _- C.i }v v r3,r�� id S B I K—O 7Z 2
_---_ Lots al _ a7, r3[ -y" r` il-) A.- r -.i. _,-)a
, or
as described in Exhibit "A" attached hereto and incorporated herein by reference.
2. The Easement The City right-of-way adjacent to owner's property or an
existing easement used for (strike those that don't apply)[st t, p4 alley,�it, sic alk,
bik h, pede�an ea6nt, sari s r, fir, stp", other _ _ j � jfy�,�
t n.d n
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
allow TIS O IM fl-, 4P, -P.tn P C^A,in E it t f, /) hp,, ,,.4,A rima i Mill _t_A ,. r..A
FLT Q TV f '13 it ` v to remain in a porion of
tilt; City right -of way/easeme t. A partial si plan, scaled I"=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:
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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.
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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 21p 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.
S. 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
•
MIL
M r012101a
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 ornission by Owner shall
not constitute a waiver of any other default by Owner and shalt not be deemed a waiver or
render unnecessary 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 aright 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 systema, or any other public facility which
may be impacted by the Owners' failure to properly use the casement.
& Successors and Assiggs. 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.
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9. Gamcity. 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 A) _ day
of DC- O ee n. 2p O
STAN OF -WASHINGTON
COUNTY OF SNOHOMISH
By:
This day, personally appeared before me, Ka,e&ff Aiyl)j a
to me known to be the persons who executed the within and fotrgoi g document and t__hat
{helshelt ) signed the same as (his/her/their) 7hPe _ free and voluntary act
and deed fob itus`iP�fu poses therein mentioned.
p
No, ry blic
SSS
Typed or Printed Name
pp''WPS\A My Commission expires: ; 1
CITY OF EDMONDS
0
ENGINEERING DIVISION
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