Loading...
6.19.19 - Issued Encroachment Permit.pdfof EQ41 CITY OF EDMONDS PHONE: (425) 771-0220 - FAX: (425) 771-0221 121 5TH AVENUE NORTH - EDMONDS, WA 98020 lo, STATUS: ISSUED ENG20190268 Permit Number: ENG20190268 Address of PubRc Use/Encroaclunent: 742 DALEY ST, EDMONDS PELAGOS HOMES LLC 8 006 SLAKE ST EVENS RD LAKE STEVENS, WA 98258 STREET USE/ ENCROACHMENT Installed keystone blockwall and steps, 6" sewer from property line to city manhole and split raflfence along Daley Street. Allto remain within the city right of way. STREET USE: Placement of any temporary or movable o1jects in any portion ofpublic space or City right-of-way shall meet all code requirements as setforth in thefollowing chapters of the Edmonds Community Development Code. ENCROACHMENT.- Permanent structures encroaching upon any portion ofpuhlic space, City right-of-way or easement area shall meet all Code Requirements as setforth in thefollowing chapter of the Edmonds Community Development Code. CODE APPLICATION. Chapter 18.70, 17.65, and 17.70.040 of the Edmonds Community Development Code. All terms of the adopted ordinance are incorporated herein as if setforth in full and this permit therefore is subject to the terms of those chapters. FOR THE TERMIN WHICH THISPUBLIC USEIENCROACHMENTISINEFFECT, THE OWAER SHALL COMPLYWITH IHE PERMIT COIVDITIONS SET FOR THB YTHISPERMIT. NOTE: The issuance of this permit is understood by the owner to be of a temporary nature, shall vest no permanent right and shall be issued and may in any case he revoked at the sole discretion of the City per ECDC 18.70.040. Applicant is responsible to provide a copy of the insurance certificate to the City at the beginning of each calendar year, no later than the 21st day of January. INDEMNITY. The Applicant understands and agrees to hold the City of Edmonds harmlessfrom 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 of any legal proceedings including defense costs, court cost, and attorneyfees by reason of granting this permit. In addition, the applicant understands that helshe shallprovide and continually maintain during the term of the permit a ceritificate of insurance naming the city as an additional insured, with respect to liability, andproviding that it shall he primary as to any other policy of insurance. APPLICATION APPROVAL THIS APPLICATION IS NOTA PERNUTUNTTL SIGNED BY TIM CITY ENGINEER OR HISMERDEPUTY: AND FEES ARE PAID, AND RECEIPT IS ACKNOWLEDGED IN SPACE PROVIDED Printed: Wednesday, June 19,2019 r-] FILE COPY 0 INSPECTOR COPY 0 APPLICANT COPY (4 STATUS: ISSUED ENG20190268 CONDITIONS Design Review Approval has been granted or the process has been administratively approved. The proposal will not unreasonably interfere with the rights of the, public. Three feet of clearance around fire hydrants, standpipes, P.I.Ws, manholes, water meters, blowoffs, cleanouts and valves shalt be maintained. The proposal either benefits the public interest, safety or convenience (e.g., supports or protects the city street) or is an accessory structure such as fence normally associated with residential use of the property as f* complies with the requirements of criteria above. Applicant shall repair/replace all damage to utilities or frontage improvements in City right-of-way per City standards that is caused by or occurs during the permitted project. Applicant, on behalf of his or her spouse, heirs, assigns, and successors in interests, agrees to indemnify defend and hold harmless the City of Edmonds, Washington, its officials, employees, and agents from any and all claims for damages of whatever nature, arising directly or indirectly from the issuance of this permit. Issuance of this penirit shall not be deemed to modify, waive or reduce any requirements of any City ordinance not limit in any way the City's ability to enforce any ordinance provision. I INSPECTIONS a None OV E-D4 0 cl& Q 0 ENCROACHMENT PERMIT APPLICATION ADDRESS OF PROPOSED PUBLIC USE: 742 Daley Street PROPERTY OWNER NAME:— Pelagos Homes LLC - PHONE: 425-375-1049 PROPERTY OWNER MAILING ADDRESS. 8006 S Lake Stevens Rd, Lake Stevens, WA 98258 CONTACT NAME: Kent Dietz PHONF: 425-375-1049 CONTACT EMAIL ADDRESS: kent.dietz@outlook.com 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): City right-of-way between current street surface and property line across north boundary Describe the type of encroachment or use desired (i.e., fence 6 feet by 150 feet, awning 3 feet wide by 7 feet long, ctc.): 1) split rail fence, 2) keystone block walls (2), 3) keystone block stairs, 4) sewer line under driveway ------------------ DEPARTMENT APPROVALS --- FOR CITY USE ONLY ------------------- Planning Division Approved By ADB# Date Public Works Approved By Date Remarks or Comments: Engineering Division Approved By Date G)Iqllq Certificate of Insurance Verified By Date Encroachment Agreement sent to City Clerk for recording Date ENCROACHMENT PERMIT# C-4)61DY-10-'Z-jVb ISSUANCEDATE &I I C1 I ti BUILDING PERMIT # RECORDING # 'to Le Vol i Th n L IIUOA ,,n &".-P io w &I j1w 1_r m— j-mAIL LI I -I I- dwel 1 1 1-4 L 0 1 1 1 IN ITEM I I I 1,! 1, IlLai I I Bpi 1 51- 1 ITI ILI I r Lill of I I E, - T -v j I . u I TL A *rhf "-t.-,j ifl-rmywrcmuon ITIJL!F-n ofma w"ft z Ift* 1hism pi, wd pw4c-1v YtL.'.- L I r Tars A-4 I Al.% Lj If 1j'"-V4&Wb= L-11 -161116 J.,,p I I r V L 1 1 jc T4, V. I It k W144.4, I Aq V 1 .4 in Alf-flin 14 IF 1, 4 11 —UIWL2 J III ILL 11111 1 1 1 iiT> if- mi ri .4 1 11 To f m rrm --T11 rimillifirn%� Ilu I - IIIIIIrrm 1111 A-mll _,Ir).' I in st-irr - - wazoirm ;9, I I bl.17V-5fj�l I mA'j14-111,)A IDH11-11.4— it Ow hu!'l 1 1% T1 W )T" -7) 0 T A-, ff If% When recorded mail to: City Clerk City of Edmonds 121 Fifth Avenue North Edmonds, WA 98020 PGS 06/1711'0191:35�m NO3,00 SNOHOMISH COUNT , ASHINGTON SPACE ABOVE THE LINE FOR RECORDERS USE Assessor's Parcel No.: 00434084010DO Applicant: lle!ngon I lonios L L(; ENCROACHMENT AGREEMENT This ENCROACHMENT AGREEMENT ("Agreement") is entered into between the CITY OF EDMONDS ("City") and --PAagp-s—HQmes LLQ ("Owner[s]"), in accordance with Chapter 18.70 of the Edmonds Community Development Code. 1. The Prover(y. Owner is the owner of that certain real property located at -742-Dale Street , within the City of Edmonds, Washington, Assessor's Parcel Number 00434208401000 - and more particularly described as follows City of Edmonds MOM -Lots 10-111-12 TGW112 vac alley abuffing lots 10-11-12 per ord 2364 Aud file #8305190184 or as described in Exhibit "A" attached hereto and incorporated herein by reference. 2. The Emsement. The City right-of-way adjacent to owner's property or an existing easement used for (strike those that don't apply) [street, rea-d, -sl6y, W-mil, 3. The 11"ner-ollellment. The Owner desires to encroach upon the public easement and the City hereby covenants and agrees and grants its permission to Owner to allow 1) split rail fence, 2) keystone block walls (2), 3) keystone block stairs, 4) sewer line under driveway to remain in a portion of the City right-of-way/easement. A partial site plan, scaled 1 `-20% showing the location of the encroachment is attached as Exhibit "B" and incorporated by reference. rniis Agreement is subject to the following terms and conditions: E26-EncroschAgreement 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 indemnify 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 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. E26-FncroachAgreement2 13,13.flnal,doc -2 of4 - 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 21 " 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 ALlrecinent. 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: . lo the Cilk: Y'lo 1he Owner. - City Engineer — Kent Dietz City of Edmonds 8006 S Lake Stevens Rd 121 Fifth Avenue North Lake Stevens, WA 98258 Edmonds, WA 98020 — 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 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 some 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 right to terminate 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 necessary to 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.final.doc S. 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. 9. CaRacity. 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. 7W IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this —/? day of V 0 W N E R (NO) A B y: By: STATE OF WASHINGTON COUNTY OF SNOHOMISH This day, personally appeared before me, -� C. 4-� to me known to be the person(s) who executed the within and foregoing document and that (helshelthey) !ng. signed the same as (hislherltheir) I/A, ; S' free and voluntary act and deed for the uses and purposes therein mentioned. Notary Puglic v 12- Typed or Printed Name My Commission expires: CITY OF EDMONDS By: _ ( // k n�l� /-�— ENGINEERINO DIVISIbN - 4 of 4 - �%%1111180111 P '0 c3 NOTARY PUBLIC 71.0 5 A WASN�W' E26-EncroachAgrecment 2,13.13.flnel,doc '742- E N kovk t Y--) 9A-Lr-�\j SIWEIET Ev,cr.,LJ,,-,e,,n4. -54e-Pico-) 6 sco,� e- I