Encroachment Agrmt#15.pdfWhen recorded mail to:
City Clerk
City of Edmonds
121 Fifth Avenue North
Edmonds, WA 98020
201605090173CONOSO OPY
PCS
zUluWA SNOHOMISH CTY, TON
SPACE ABOVE THE LINE FOR RECORDERS USE
Assessor's Parcel No.: 004 ,00001900
Applicant: Edortd ctic�ol Dnst]ct #1
ENCROACHMENT AGREEMENT
This ENCROACHMENT AGREEMENT ("Agreement") is entered into between the
CITY OF EDMONDS ("City") and EdMond , Rnhn al pl,
s",
[]), il l t X15
Code,
("Owner p
n accordance with Cha ter 18.70 of the Edmonds Community Development
a4261` The ��`x"early. Owner is the owner of that certain real property located at
W shin on As eesl SW Edmond9802(L_,within the City of Edmonds,
sor's Parcel Number 00431500001 900
and more particularly described as followsSea, ey l lerrlentary S hool -'
as described inExhibit "A" attached hereto and incorporated herein by reference. or
2• The 11a -M ent. The City right-of-way adjacent to owner's property or an
existing g ment used for
(strike those that don't apply)
ff+w4, sanitary sewer, -
3• The Etllcrrr cltllnet t, The Omier desires to encroach upon the public
easement and the City licreby covenants and agrees and grants its per���ission tt� Owner to
allow �llav field lth 11 lw ,l ,.�. .__.
to remain a
of
the City right-of-way/easement. A partial site plan, scaled 1"=20', showing theilocattiion of the
encroachment is attached as Exhibit `B" and incorporated by reference. This Agreement is
subject to the following terms and conditions:
E26-EncroachAgreementl]3 13 final.doc
a. On behalf of themselves, their successors and assigns, the Owner promises to
maintain, repair, remove and/or replace the encroachinent located in the easement
at their sole, expense to the standards established by the City,
repair, removal and/or replacement shall All rnahitenallce,
expense. be conducted solely at the Owners'
b. The Owner, on behalf of themselves and their successors and assigns,
acknowledge that the City Ilad nca obligation to approve the encroachment within
the easement for the sole benefit of tile Owner, and the agreements contained
herein, provide sufficient consideration for the Owner and their successors and
assigns to maintain, repair, remove alld/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 Officcrs, 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 ally damage that may be caused to the
encroachment by the City's operation, maintenance, repair, replacement or other
work related to construction activity Nvithin tile easement, or any damage or
expense arising out ofthe loss ss Of, Or darnage to, Property or the injury to or death
,persons. This promise to hold harmless and indemnify includes defense by
counsel of tile City,S elloosiug lild the payment of reasonable attorneys, fees and
Court costs. Nothing herein, however, shallbe interpreted to require the Owner to
indemnify tile City C1.011, tile liegligence or intentional tortuous act of its
employees, Officers, or agents.
d. The Owner shall at the request of the City, pl•olllptly r reconstruct,
,rs'sole expense. UpO
and/or replace the encroachment at the Owllie cillove, repair,n receipt of
notification from the City that the City requires removal of all or Portions of tile
encroachment from within the easement, tile Owner willromptly remove those
Portions of the encroacil P
Illent fton, within the easement, area as required by tile
City at their sole expense, Ir the Portions of tile clicroachment required fry the City
to be removed are not timely removed by the Owner, they shall be removed by tile
City at the expense of the Ownei•, and the Owner SlIall reimburse the City for the
taacrcaascd COuIUCtiOJJ costs 01* ConP rials as well as for any
costs of removal of the encroachment and dis osal of Illate I hhe Owners" delay. sequential dannages incurred by the City due to
111 tile event that Portions of the encroachment must be
Milloved to filcilitate utility and/or cOnst"Liction activity by the City within the
easernent or Other requirements of the City, the Owner shall be solely responsible
for replaceillent of the encroachment at their expense upon completion of the
utility and/or construction 0" OthcNIctivitY by the City.
e- Whatevel, rights and obligations were acquired by tile City witll respectto the
easement shall remain and continue in full force and el"Tect and shall in no way be
affected by City's grant of'permission to construct and niaintain tile
structure. encroachment
1326-EncroachAgreement 2.13 13 final doc
f Business and commercial oper ' 2 of4 -
ation property owners are, required to provide and
continually maintain during the term Of the permit a ccrtificate Of' insurance
naming the City as all additional insured, with respect to liability, and providing
that it shall be primary as to any other policy of i 11,sura lice . 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.
9. 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 A reenrerrt. This Agreernent constitutes the entire agreement between
the parties with respect to the subject matter hereof and supersedes and replaces, all Other
agreernClits, oral or written, between the parties with respect to (he subject inatter. This
agreement may not be amended except in writing in a document filed 01" record with the
auditor of Snolionii,sh County, Washington,
5. !�oflces. Any notice which is required Or may be given pursuant to
Agreement shall be, sent in writing by United States snail, first class� postage pre -paid,
registered or certified with return receipt requested, or by other cornparable c011, tile rc ial
means and addressed as l'ollows.
LLI Lhe �Cii
City Engineer
City of Edmonds
121 Fifth Avenue North
Edmonds, WA 98020
Executive Director. Business & Operations
-d motjd_§qqh(?ol P�qtrigt No, 1
_M_2060th avenue Wqst
.Lyn ny%Lood,,_VA -2aO36
which addrcsws may be changed from time to time by providing notice to the other party in
the manner describcd above.
6. Waiver% City's consent to or approval Of ally act or omission by Owner shall
not C01IStitUte a waiver of any other default by Owner and shall not be deemed a waiver or
render unnecessary City's consellt fbr approval to any subsequent act by Owner. Any waiver
by City of any defiALI)t must be in writing and shall not be a Waiver of ally Other default
concerning the sarne or any other provision of the Agreement.
7. Termination ()f A, reerrrerrt. In addition to any other remedy provided for by
law, the City reserves (lie 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'sel-vice adopted by the City, at its sole discretion, as may
be necessary to prevent damage to tile City,,s utility system, or any other public facility which
may be impacted by tile Owners' failure to properly use the easement,.
E26-EncroachAgreement 2-13-13 final doc
8. Successors and Assip_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 Q?"day
Of J CLPI U C4A,/ _, 20 6
OWNER(S):
B
By: y -
STATE OF WASHINGTON
COUNTY OF SNOHOMISH
This day, personallp
appeared before me,
to me known to be the erson(s) who executed the within and foregoing document and that
�(�,ie'Ahelthey) _ signed the same a,'Qhis1herltheir) free and voluntary act
and deed for the uses and purposes therein mentioned.
i.J
Notary Public f v_-�S`L A", v"f3 ci, 'T
Typed or Printed Name
My Commission expires:
CITY OF EDMONDS
L
By-,"
N
TIN1 IERTN G DIVISION
-4 of4 -
01 A
PU 1300
Z 2
IN
OF W
E-26-EncroachAgreement 2,13,13 -final doe
Project Playfield Drainage Improvements l r
Location Seaview Elementary School
Client Edmonds School District #15
Seaview Elementary School - Legal Description
LEGAL DESCRIPTION
PARCEL A2
THE NORTH 313 FEET OF TRACT 22, 15VMOIIDS SEA VIEW TRACTS, AGC,OR,DW.4 TO THE PLAT
THEROF RECORDED IN NOLME 3 OF MATS, PAGE 16, RECORDS OF BN ISH COUNTY
WASHINGTON
PANEL S:
LOT 19, EXCEPT THE NORTH 23180 FEET OF THE WEST 2WA3 FEET:
LOT 20, EXCEPT TI -E NORT14 135 FEET OF TI - E EAST 180 FEET AND EXCEPT THAT P OK171 2N
OF THE EAST 130 FEET OF SAID Lot 20, LYS NORTH OF A LIN S FEET NORTI-I CF THE
SOUTH LINE, AND SOUT14 OF A LINE 13'5 FEET swrw OF T14E NovzrW VL I14E
PAFWC- L C:
THE NORTH 20 FEET OF T1 -E EAST 2 ZID FEET OF LOT 21, EDMONDS SEA VIEW TRACTS,
ACCORDINCs TO THE PLAT 114EREOF, p2ECOWET> IN VOL MjE 3 OF PLATS, PAGE 16, RIECORPS
OF SNOWO MISW C PUNTY, WASHINGTOK
SITUATE IN THE COUNTY OP SNOWOMISK STATE OF WAS44WGTOPL
SEAVIEW ELEMENTARY SCHOOL
PLAYFIELD DRAINAGE IMPROVEMENTS
EDMONDS, WASHINGTON
EDMONDS SCHOOL DISTRICT NO. 15
SKETCH NO.: EXHIBIT "B"
DRAWN BY: KPFF
DATE: 2016 01 22
m U) mm
= m D ><
mcn
C) 70
2-
" 4(j)
m
Az
Ik 70
m
SEAVIEW ELEMENTARY SCHOOL
PLAYFIELD DRAINAGE IMPROVEMENTS
EDMONDS, WASHINGTON
EDMONDS SCHOOL DISTRICT NO. 15
SKETCH NO.: EXHIBIT "B"
DRAWN BY: KPFF
DATE: 2016 01 22