Encroachment Agreement AFN 201305020185.pdfu'fien reEorded mail to:
City _clerk
City of Edmonds
`l d Fffth Avenue North
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SPACE ABOVE THE LINE FOR RECORDERS USE
Assessor's Parcel No.:�
Applicant: 4NW f -i- h—WD9rrXN-J 'c12
.,,EWCRQAUHMENT AGREEMENT
This ENCROACHML-N A r1 EEMENT ("Agreement") is entered into between the
CITY OF EDMONDS ("Cit)?°) aua
("Owner[s]' ), in accordance with Chapter ^18:10 of the Edmonds Co unity Development
Code.
1. The Property. Owner is the. -owner• -of that certain real property located at
�5- �-r►t&JE _ wiihin the City of Edmonds,
Washington, Assessor's Parcel Number `,,coo*�- Gir i t•3 -c. E7 Ci [� ,
and more particularly described as follows
iCtz �ycngd-,Vli'�h Caleb), Wei cwikajz� or
as desqribled in Exhibit "A" attached hereto Md iricorpor , 4-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) [s€ eet, ; .akley, tom, sidewlc,
b+cpath, pede&4iaR-easrm e t, , �, start i; -ot&f
3. The Encroachment. The Owner desires to',,eni ToAch...upon the public
easement and the City hereby covenants and agrees and grants its ppn iistion ,to Owner to
allow rdylivete baytr tir; ve wniA 4yI c�
Vq 0, LA to i ain•-in,a'portion of
the City righ -of-way/easement. A partial site plan, scaled 1"=20', showir?g tholotation of the
encroachment is attached as Exhibit "B" and incorporated by reference. phis Areernefit is
subject to the following tens and conditions:
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j: 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.
r + b. --The Owner, on behalf of themselves and their successors and assigns,
..._ •-dckgigwleQ:e jhat the City had no obligation to approve the encroachment within
:the.easerent_for the sole benefit of the Owner, and the agreements contained
..•lierejn;•-pxovide sufficient consideration for the Owner and their successors and
• assigns fo maintaifii . repair, remove and/or replace said encroachment located in the
easeinenria-.ihei-r'splc expense in perpetuity.
c. The QVnerpprom ges to indemnify and hold harmless the City, its officers, agents
and eihp146`es (rotas any loss, claim or liability of any kind or nature arising from
or out of its promises` e%ifaihed within this agreement, including any damage that
may be ca-uused to thae-encroachment by the City's operation, maintenance, repair,
. replacementor..other. 0vprk.'related to construction activity within the easement
This promise ea hold-harnaless. and indemnify includes defense by counsel of the
City's choosing, _the.. payrrient of.=reasonable attorneys fees and court costs.
Nothing herein, h6wu vzi•, shall -be intdrpreted to require the Owner to indemnify
the City from the negligekr, or. inic' ntional tortuous act of its employees, officers,
or agents.
d. The Owner shall at the request of-fhe City, promptly remove, repair, reconstruct,
and/or replace the encroachment atr•& Qtvners' sole expense. Upon receipt of
notification from the City that's Iie City requires removal of all or portions of the
encroachment from within the easemmt.,the`bwner will promptly remove those
portions of the encroachment from within,th easement area as required by the
City at their sole expense. If the portidns of.the' encroachment required by the City
to be removed are not timely removed l yjhe...0.vvtier;"they shall be removed by the
City at the expense of the Owner, and the 0,Aner•-SM11 reimburse the City for the
costs of removal of the encroachment and dispds.al of-Ulatorials as well as for any
increased construction costs or consequential-damajes.•i6i uried by the City due to
the Owners' delay. In the event that portions :of d-ze'.endetachment must be
removed to facilitate utility and/or construction activity'- nie..City within the
easement or other requirements of the City, the Owiif"r steal-1.1 solely responsible
for replacement of the encroachment at their expense, -.upon. comp-letion of the
utility and/or construction or other activity by the City.
e. Whatever rights and obligations were acquired by the City NY.. "r--espeQ.t tb._ the
easement shall remain and continue in full force and effect and shall in.zi JY4 be
affected by City's grant of permission to construct and maintain the dheroaclitneiit
structure.
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f The property owner is required to provide and continually maintaui 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.
-Enti6e A -reement. This Agreement constitutes the entire agreement between
the pardes- Mth respp6rio. the subject matter hereof and supersedes and replaces all other
agreemeatg, oral' oT-'* tten;-•.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 Snpho piste C,e6l ,--Washington.
5. N. 6tices:..-•'Any•'rkotice which is required or may be given pursuant to this
Agreement shall "be:.sent -iii`; writing 11y United States mail, first class, postage pre -paid,
registered or certified $v1 return .iece pt requested, or by other comparable commercial
means and addressed �saCgUIDwIv'
Eta the City: If to the Owner:
City Engineer
City of Edmonds Y1� l �j 4,"TH PAVE W
121 Fifth Avenue North -I�Mjg-JO G A%02-0
Edmonds, WA 98020
which addresses may be changed from tide to: time by pxbviding notice to the other party in
the manner described above.
6. Waiver. City's consent to or approval~af lnyJact or omission by Owner shall
not constitute a waiver of any other default by 0.�vr er••and_-shall not be deemed a waiver or
render unnecessary City's consent for approval to any•subkiluent act by Owner. Any waiver
by City of any default must be in writing and shall nvt be a waiver of any other default
concerning the same or any other provision of the Agreement:.,,.
7. Termination of A reement. In addition to an 'other ro4& y provided for by
law, the City reserves the right to terminate this agreement ' -in the everfl the encroachment
negatively impacts or damages the City's easement and/or uijderlying utility systems or
violates any condition of service adopted by the City, at its s41•e` discfaion 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.
8. Successors and Assigns. This Agreement shall be binding•'apd inure; to -;the
benefit of the parties hereto and their respective legal representatives, successvrsr and*assigns'
Owner agrees to incorporate this agreement by reference in any subsequeAt.c�ds.,fa•'ihe'_
properly, but any failure to do so does not invalidate this provision.
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Cam. Each party represents that the person(s) executing this Agreement
on lieh41f of such party has the authority to execute this Agreement and by such signature(s)
- thefeby:htnd such party.
4 _ _
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IN WITNE'8S WHEREOF, the parties hereto have executed this Agreement on this day
of
OWNER(S): k
B By:
STATE OF WASH19GI(, N
COUNTY OF SNOHOMTSH".. ;)
This day, personally appeard before me ; ' ��(,�S �11e `(L�
to rric known to be the persons) whn `exetr{ed the within and foregoing document and that
(he/she/they) signed the same -as (his/her/tljeIr). free and voluntary act
and deed for the uses nd purposes therein men0ahed._
7
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Typed or*Prirled°Name
y�roa My Coinmissiali expires:
CITY OF EDMONDS .............
B
�E��GION
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-ice it H.14•7 i--
Andrew & KaA Emery
-
21715 98th Avenue West
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EdEnonds, WA 98020 - -
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