20170321153123.pdfNO EXCISE TAX
REQUIRED
When recorded mail to: JAN 0 3 201
City Clerk KIK O� , �0 Owl T
City of Edmonds
121 Fifth Avenue North
Edmonds, WA 98020
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0110312017 1:53r N8,00
SPACE ABOVE THE LINE FOR RECORDERS USE
Assessor's 1'a cep No.: Q() "1 1 � ��
Apl)licant: eT . 146gl9l 2;6e-r—
ENCROACHMENT AGREEMENT
This ENCROACHMENT AOI FECw ENT (" gree-ment") is entered into between the
CITY OF 9L
O(` Owneer[s]' ), inaccordance with Chapter 18.70 of the Edmonds Community Development
Code.
1. The Pi ear . Owner is the owner
Washington, Assessors Parcel Number t5 61-ff
and more Darticularly described as follows _ t
of that certain real property located at
within the City of Edmonds,
or
as described in Exhibit "A" attached hereto and incorporated herein by reference.
2. 'I`he Easernitnt, The City right-of-way adjacent to owner's property e&r—an
•t���-e�-�a�a�fo�-�11-%etltoilrlj-ti�.���"t-�al�pl��tret�la , -ly 1�i1;-r�i�lew��ll�,
I�l;+�l�tl.-p�l�tl�i�rr�,�:rnent��:���tar ���t�tr�lel- otlaa�
3. The Encroachment, The Owner desires to encroach upon the public
allow easement and �the City hereby oven is and agrees and grants its permission to Owner to
11
to retrain in a portion of
the City tight-of-wayleasernent. 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:
E26-EncroachAgreement 2.13.13.final. doc
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 and all loss, claim, demand or liability of any kind or
nature, foreseen: or unforeseen, arising from or out of its promises contained within
this Agreement,' including but not limited to 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, or any damage or
expense arising',out of the loss of, or damage to, property or the injury to or death
of persons. This promise to hold harmless and indemnil� includes defense by
counsel of the City's choosing and the payment of reasonable attorneys' 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 reintburse 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.
E26-EneroachAgreement 2.13.13.fmal. doc
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f. Business and commercial operation property owners are 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 2 1 " day of January.
g. Owner shall, in the performance of this Agreement, comply with all applicable
Federal, State and local laws and regulations, including but not limited to City
code and ordinance requirements.
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 theCity::
City Engineer
City of Edmonds
121 Fifth Avenue North
Edmonds, WA 98020
E,2 the Oiv n r
Y44
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 deenied a waiver or
render unnecessary City's consent for approval to any subsequent ,act by Owner. Any waiver
by City of any default runi t be in writing and shall not be a waiver of any other default
concerning the sane or any other provision of the Agreement.
7. Terminatioti of Agreement, In addition to any other remedy provided for by
law, the City reserves the right to ternninate this agreement in the event the encroachment,
negatively impacts or damages the City's right of way, easement and/or underlying utility
systems or violates any condition of service adopted by the City, at its sole discretion, as may
be necessaryto 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.
E26-EncroachAgreement 2.13.13.fmal.doc
8. Successors and, Assri ns. 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.
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 2ja day
of MA' , 2014r,
OWNER(S):
By: _ By:
STATE OF WASHINGTON )
COUNTY OF SNOHOMISH
This day, personally appeared before me, P �
to me known to be the person(s) who executed the within and foregoing doculnent and that
(he/sh lth y) _ signed the same as (hislh r l"theb) I i s free and voluntary act
and deed for the uses and purposes therein mentioned..
mod' fu r l
LSUE A. MOODY Notary Public
OTARY Pl BJJC � � �%®� C
ATE OF11A51IIO"1`Ol�a —_4t... _.....OMMISSi®N EIItt Typedor Printed Name
AOGLl 1 1, 2017 My Commission expires:
CITY OF EDMONDS
By:
ENOINEE .IN DIVISION
4of4-
E26-EncroachAgreement 2.13.13.fmat.d6c
Evto`-F A
Parcel B;
All that portion of Lot 4; Block,2, Lake Ballinger Land Co's Plat Subdivision No. 1, according to the plat
thereof recorded In volume 9 of plats, on pages 57 and 68, Re.cords of 8notibmlsh County" Washington,
descrlbad as h"olloft:
Coy imencdng at the northwveat corner of sald Lot 4;
Thence Southerly, along the arc of a curve to the right having a radius of 3koo feet and follo+ ing the
westerly line of Said Lot 4, a d1stance of 14620 feet to the point of tangency of said curve,
Whence south 1 022' 0" east, and contdrluing along the westerly line of said lot 4,, a distance of 469.44
feet to the true point of beginning of the tract of land herein descrlbod,
Thence continuing South 13*;&30" east, along the westerly line of said lot 9, a distance of
67.,00 feet;
Thence north 76° 7' d1" east,, a distance of M84 feet to an Intersection with the westerly margin of that
certain easerrreht granted to Pacific Northwest Traction Company by Instrument recorded unde f auditor's
file no. 230959, records of Snohomish County, Washington, said margin being the arc of a curve having a
radius of AMA, feet, from which intersection the radius point of said curve gears South 80*47` g" Cast;
Thence Norlherl'y, along said Westerly margin and the arc of said curve, being a curve to the right and
pehsuming a cetite,al angle of 10611 "", an arc distance of 93.25 feet;,
Thence south 64*3VOi3" West, a distance of 137.04 feet to the true point of beglnning,
SlEuate in the County of 8holiomish, State of Washington
Exhibit "B"
74th Ave W
P/L
,93-25
Existing Power Pole
0 r--.
Deck
P/L
23207 75th PI W
.0
WA Edmonds, CO
0
3;;pl Parcel # 00488800200415
P/
ouse
NORTH
Concrete
Driveway
ScaI6 1 20'
'P/L
vD.. Public ROW
Water Meter Encroachment 0,
Area Approx
435 SIF