2011EncroachmentRecording.pdfWhe6 recorded mail to:
.: �!qk
of Edmonds
121. Fin A*nue Nortb 9:17am
Edmonds, V�A..9�0;z#,.. SNOHOMISH COUNly,
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SPACE ABOVE THE LINE FOR RECORDERS USE
_70
Assessor's Parcel No.: .1 1-3 0 C) 0 1651 Co
Applicant: N04WF_&i/NN LL=t>,5_ L�tC_
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--.,1�NCRQA4,ffH.MENTAG1REEMENT
This ENCROACHWNT'AGR�EMP-N ' ("Agreement") is entered into between the
CITY OF EDMONDS ("Cit.�") a:qd--" - C-A LOODets L-LC-, qk-4 1-4Ae-
("Owner[s]"), in accordance *hIL.-Chaptet'i 8.7Vof the Edmonds Communit� Development
Code.
1. The Frope Owner is-th6 owner' 4f thit certain real property located at
-�43e>s tL�e_ witbin the City of Edmonds,
Washington, Assessor's Parcel Number ax. C�-exn % 05 14>0
and more parficularly described as follows%, 6L 0-- _rW P p
"Y NW 174 �JPDILJ Lp"', I&Q: De --- f: L6�5 -MK�- EbT (kf Va_
MEN LE 114 UE,-_-, 2 Acrab or
as described in Exhibit "N' attached hereto and *orp6iated4.xereirX �y reference.
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2. The Easement. The City right-of-waX;�djgv6i�--to pwrier's property or an
existing casement used for (strike those that don't appl.�) [itrcct,*rqd'd,.-alley, trail, sidewalk,
bikepath, pedestrian easement, sanitary sewer, water, stoiw,-.?!�
3. The Encroachment. The Owner desires ib...Fncro��vh' ppr6h the public
.. to.
casement and the City hereb ovenants and agrees and Frants'lts p fi�i' " wner to
I Y I _. em. on .0
allow V� -t-mch evicksure- er\cyvachi V, 61 1�+f iyft; 'Tkf-
VJ ew remafii"i..a. P0r,U,on of
the hy right-of-way/ealsement. A partial site plan, scaled I"=_2_0_', showi6g tbe'loodtionibf the
encroachment is attached as Exhibit 'T" and incorporated by reference.`--ii)ig--�� �e-` Js
grl.�Mlent
subject to the following tenns and conditions-
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j a. On behalf of themselves, their successors and migns, the Owner promises to
maintain, repair, remove and/or replace the encroachment located in the casement
at their sole expense to the standards established by the City. All maintenance,
.�epair, removal and/or replacement shall be conducted solely at the Owners'
Mpo Be
. ......... ..-V. '. er,-.,..on behalf of themselves and their successors and assigns,
...�Ck4ow -the City bad no obligation to approve the encroachment within
le. ge jhAt
ift e4�eir 416k. the sole benefit of the Owner, and the agreements contained
h5c, V di H, ...Provi4a,'S'ufficient consideration for the Owner and their successors and
. s tqari�intain, repair, remove and/or replace said encroachment located in the
expense in perpetuity.
c. The Qwn6r prdinisJes tojiidemnify and hold harmless the City, its officers, agents
and e�ipibyiVs claim or liability of any kind or nature arising from
or out '�f -its-� within this agreement, including any damage that
may be caus6d.t.aAe-i5ii6oachment. by the City's operation, maintenance, repair,
replacement-, of.-aff6r4ork ielated to construction activity within the easement
This promise t6 hqld[-"J4s andIndemnify includes defense by counsel of the
City's choosin��._thd` p4yn . i�:nr .. of - -it ; asonable attorney's fees and court costs.
Aallb "
Nothing herein, h6wpvi�,- 6 interpreted to require the Owner to indemnify
the City from the n�glikeuce6r intentional-torWous act of its employees, officers,
or agents.
d. The Owner sball at the requt�o- "of flwdty� pr ";ptly remove, repair, reconstruct,
and/or replace the encroacbinent-A thp--6wrkeis' sole expense. Upon receipt of
notification ftom the City th -the*'M� re
at. qijires removal of all or portions of the
encroachment from within the 'e'aseniefil --die'Nvrter will promptly remove those
portions of the encroachment from w�ihiatfie;eas�ement area as required by the
City at their sole expense. If the porti6nsl'4�hi e4croachment required by the City
to be removed are not timely removed'by the O.viher,--fty shall be removed by the
City at the expense of the Owner, and 4Wj r�jmburse the City for the
costs of removal of the encroachment and d0posk! of-�nat-erials as well as for any
increased construction costs or consequentiatdainages jii�ijrkKl by the City due to
the Owners' delay. In lhe� event that portibns ... e(thie" enubachment must be
removed to facilitate utility and/or construction acfivity.by-.tfi;i��City within the
easement or other requirements of the City, the Gviner �M! b.e. golely responsible
for replacement of the encroachment at their expense t�p6n..cbmp)qtion of the
u ility and/or construction or other activity by the City.
e. Whatever rights and obligations were acquired by the Cit�-.with'resi)ectiio the
casement shall remain and continue in full force and effect and`�bMi in,n6 , way �e
affected by City's grant of permission to construct and maintain th e, ot, icio" a c bm ent
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
pther policy of insurance. A copy of the insurance certificate shall be provided to
'th -,CiN'-.at the beginning of each calendar year, no later than the 21" day of
-January-
tntire,-Ag�eement. This Agreement constitutes the entire agreement between
the subject matter hereof and supersedes and replaces all other
agreemefits, o6l. between the parties with respect to the subject matter. This
agreement"ma 'amended except w king a document filed of record with the
y- not._b6
auditor of Si�;hpni� . shto"'u,"n"ty, Washington.
5. X�tk�s, Any"notice -which is required or may be given pursuant to this
Agreement shalf, ' be'-96nt United States mail, first class, postage pre -paid,
registered or certi'Rcd--,i�ith"reWrn._receipt requested, or by other comparable commercial
means and addressed
110 the CEQ: 'A to the Owner --
City Engineer L_L�C,
City of Edmonds PC) 1-7-7
121 Fifth Avenue North 97o4(p
A) 06d I \AiA
Edmonds, WA 98020
oviding notice to the other party in
which addresses may be changed from time tdimie-b:y PT
the manner described above-
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6. Waiver. City's consent to or appr,6vaJ--of',jiy 4ct or omission by Owner shall
not constitute a waiver of any other default by 6wii_!�I-..ari'd' ah-all not be deemed a waiver or
render unnecessary City's consent for approval to 'any sub&dqutiffac� by Owner. A.!iy waiver
by City of any default must be in writing and shafl"not'. be,.aw.ai-�er of any other default
concerning the same or any other provision of the Agreeiiient.
7. Termination of Amement. In addition ib--any-6PT6 Tem6 dy provided for by
law, the City reserves the right to terminate this agreement i , ]i'thc6eRt`iFi; encroacbmerit
negatively impacts or damages the City's easement andior':.undew-.]�iTig..uli'lity systems. or
violates any condition of service adopted by the City, at ils—Me may be
necessary to prevent damage to the City's utility systenil or any pu�Jie-..faciI-jty which
may be impacted by the Owners' failure to properly use the easemen6,
8. Successors and Assigns. This Agreement shall be binding-iiRd-Inu 'to the
benefit of the patties hereto and their respective legal representatives, su cce�sors,aif4 -asgigns..
Owner agrees to incorporate this agreement by reference in any subseq�bnf`dee'ds farqhe�
property, but any failure to do so does not invalidate this provision.
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9. Capacit Each party represents that the person(s) executing this Agreement
.Afibehalf of such party has the authority to execute this Agreement and by such signature(s)
".tfi'ereb� b nd such party.
y
WITN-EgS. WHWOF, the p arties hereto have executed this Agreement on this Ic day
of 6�10e_i
OWNER(S).-,
By: By:
C-7
STATE OF WASHINGTOn"' .. . .......
COUNTY OF SNOHOMIS�f
This day, personally appe�fed.bdfor&me, '�Sor%<vr\ e— L. i e
to me known to be the person(�)'�Vh� ex.,66uted the within and foregoing document and that
(helshelt7iey) !gbe_ signed the'sarn-6 as (his,1her1t6ir)%_V-)e<- free and voluntary act
and deed for theu�.aniddpurposes therein mentioned.,
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MY caulm 91 s: L4
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CITY OF EDMONDS
By:
ENGINEERING PMSId(
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