Crosby-Recorded Encroachment.pdfAftei return � . recording~�
dmi-onds, PCs
11/05/2008 41b
Reference NurAer(sy�f Dd�um'-e�i assigned or released: Not Applicable
Grantor(s) (Last nkm�Sitst,-Aen h"t name and initials- Crosby, Richard & Crosby,
Pamela, H&W
Grantee(s) (Last name firki thertArst'nal6ne and initials: City of Edmonds, a Municipal
Corporation
Legal Description
(abbreviated: i.e., lot, block, platar secti�n,.to�v"-96ip,' yinge):
Additional legal on page I of docume (s�
Ptn. Lot 11, Plat of Pine Crest, V 4,3, -F 5, records ofSn"6homish County
Assessor's Property Tax Parcel/Account Nurnber(s);' 00.5474300001102
ENCROACHMENT AtREEMEN'T
This ENCROACHMENT AGREEMENT ("Agree"m.. ... 6�j?) is ... eve'red into between the
CITY OF EDMONDS ("City") and Richard Crosby ;drid:.�am� ' la ' -60sby, husband and
wife ("Owners"), in accordance with Chapter 18.70.. o . �f "'the "','Edm.onds Community
Development Code.
1. The Property. Owner is the owner of that certaiti--real.-&op�fty located at
22207 93d"Place West, Edmonds, Washington 98020, withi;h-.th'."e,.'C"i�y...'P"f'-Edmonds,
Washington, Assessor's Parcel Number 00544300001102, ahid...-ni.qF� p�rticutarly
described as follows:
Lot 2, Plat City of Edmonds Short Plat SP S-02-199, recorded u . n -d , Cr---�n'6'h`qm 1-sh
County Auditor's File Number 200711305109, being a portion of Lmot ',of: tU
Plat of Pine Crest, recorded under Volume 13 of Plats, page 55
Snohomish County.
�
`/
.2: The Easement. The City right-of-way adjacent to owner's property or an
existing easement used for street.
.3. The Encroachment. The Owner desires to encroach upon the public
k...esernent --and the City right-of-way/easement. A partial site plant, scaled 1"=20',
sli6 -ing- W61bration of the encroachment is attached as Exhibit `B" and incorporated by
reference,: -This Agreement is subject to the following terms and conditions:
•,a ....On' .behalf 1df.ttiemseIves, their successors and assigns, the Owner promises to
nfaints'tr�;- repair, -remove and/or replace the encroachment located in the
.
easement at tlf&r'.sole expense to the standards established by the City, All
mairiten; rne�,..repair., removal and/or replacement shall be conducted solely at
the D O( versCzxpense.
b. The off behalf of. themselves and their successors and assigns,
acicnowiedge'.t}tat the City lad no obligation to approve the encroachment
within the ` aseti entr-for .t-he sole benefit of the Owner, and the agreements
contained herein;-' provi4e- .sufficient consideration for the Owner and their
successors and- ''§igrns..'zo. maintain, repair, remove and/or replace said
encroachment locat'ed:in.tlie-'ea�emenfat their sole expense in perpetuity.
c. The Owner promises:-xo•'indemni� and hold harmless the City, its officers,
agents and employees from.ariy loss, cla�M.Dr 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 theeficrpachment by the City's operation,
maintenance, repair, replacement or.-d&r•worl'related to construction activity
within the easement. This promise'.to' 'holo. harmless and indemnify includes
defense by counsel of the City's---eho.JGsing,•'-the payment of reasonable
attorney's fees and court costs. Nothing herein, hpwever, shall be interpreted
to require the Owner to indemnify the OtyArom..the negligence or intentional
tortuous act of its employees, officers or,agent-6,. •`
d. The Owner shall at the request of the 3City,...,proznptly remove, repair,
reconstruct, and/or replace the encroachment"." the..O'wnsrs' sole expense.
Upon receipt of notification from the City that the City.re4uires,.removal of all
or portions of the encroachment from within the: easement; -the. Owner will
promptly remove those portions of the encroa6mi enf'. •tiro.."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.n-bt-tiinely-•`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 .reinova'f..vf -.the
encroachment and disposal of materials as well as for '- ariy • increased
construction costs or consequential damages incurred by the City dale- fa-,the
Owners' delay. In the event that portions of the encroachment 'i�tut.
removed to facilitate utility and/or construction activity by the City Mtfi U' Vthe
easement or other requirements of the City, the Owners shall be'J.solefiy . -,`
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
f "'be"affected by City's grant of permission to construct and maintain the
'eii<craachment structure.
f2....Tfi-property owner is required to provide and continually maintain during the
term ,,of'tlre`permit.a certificate of insurance naming the City as an additional
•lps6rcd;'with xe8secr to liability, and providing that it shall be primary as to
any= othe-r''pn.li•ty ,of insurance. A copy of the insurance certificate shall be
provi6d.t6 the•City at the beginning of each calendar year, no later than the
215` day of January:
4. Entire M1 .tgmenf...._. his Agreement constitutes the entire agreement
between the parties with respect fo ,the subject matter hereof and supersedes and replaces
all other agreements, oral..cdr written, ---between the parties with respect to the subject
matter. This Agreement rf1ay..not--b0-amended except in writing in a document filed of
record with the auditor of Snohoulish't✓ouAtyx:Washington.
5. Notices. Any notice,,rwhich i.& -required or may be given pursuant to this
Agreement shall be sent in writing -.by. United Statps•'i" Ail, first class, postage pre -paid,
registered or certified with return receipt requested, or 6y... other comparable commercial
means and addressed as follows:
Ifo the Cites . Tt-Phe.Owner.•
City Engineer Richar' and Pamela Crosby
City of Edmonds 19126 1 �`--Avenue NW
121 Fifth Avenue North Shoreline,..WA-98177%.
Edmonds, WA 98020
Which addresses may be changed from time to time by pravi.ding.notice-to the other party
in the manner described above.
6. Waiver. City's consent to or approval of any act, or: -6missiori'••by Owner
shall not constitute a waiver of any other default by Owner ana " Kdll not:';be deemed a
waiver or render unnecessary City's consent for approval to an'y-sµb'sequentact 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 proyiddd-.for`b}r`
law, the City reserves the right to terminate this agreement in the event the e ieroac imehv`
negatively impacts or damages the City's easement and/or underlying utility systemsror..-
violates any condition of service adopted by the City, at its sole discretion, as may. -be...
r..
nee6isary' to prevent damage to the City's utility system, or any other public facility
which .may be impacted by the Owners' failure to property use the easement.
-8. Successors and Assigns. This Agreement shall be binding and inure to the
k•a�ene if of-the parties hereto and their respective legal representatives, successors, and
assigns:' •-•OMher. agrees to incorporate this agreement by reference in any subsequent
dee'ds:fo the"plopprty, but any failure to do so does not invalidate this provision.
9, Ca aci Eafih party represents that the person(s) executing this Agreement
on behalf of'such.pates had the authority to execute this Agreement and by such
signature(s) th&eby-bind shelf `party.
IN WITNESS W-14ER OF,-the parties hereto have executed this Agreement on this
day of �`��;-Ly `.. ........ , , 2008.
OWNERS:
By: By:
Richard Crosby Pamela Cr sby
STATE OF WASHINGTON
)ss:
COUNTY OF SNOHOMISH )
This day, personally appeared before -me.Rfchard Crosby and Pamela Crosby to
me known to be the person(s) who executed•,the within and foregoing document and that
they signed the same as their free and voluntary aq ax d -decd..for the uses and purposes
therein mentioned�� -
,�M B6 !d
In
`ra�101V IgFly�i+/Z
s v
� r
o = Notary Pu w in at?d fi)r-•
Z.
� ''o1-1` �'�;` itRg
The State of Wa5h'toa --
r �TFT, ,,,,,,..� � .•
I I I OF W AVI'�.N��Residing in S ''
r=
My Commission Expires,: -
CITY OF EDMONDS
EX H
Oa - I qg
-7
we CT
ra PL. W.
NEW LANwcApc--, &ACk WA LG j
E TE EST
745
Pgopeam wro ;?ow.
ru
co
B�BL:
7.5 17.5
ID
.. ...... ...
1[7 Co
cn
OD
10.01
__---- BSBL — — — — — — — --
C9
Ul