Encroachment docs.pdf121511. 1 AVENUE 1,�O.WFH ET)M011JDS, W A 98020
PHONE: (425)'771-0220 FAX: (425)771-0221
S'YAT US. ISS UED ENG20140251
Pcrnr�t Munber: F -M2014-0251
Address of Pubhe Use/Encroachnient: 947 WALNUT ST, EDMODS
947 WA.LNUT L.I.
EDMONDS, %VA 98020-3335
4 -foot high fence located within Wahutt Street rig lit -of -way. "Single Family -no insurance certificate required "
SMEETUSE. Placement oj'an), temporary or provable objects in an'
� portion o publiespace or City rigMt-o '
J V J--Ivay
shall meet all code requirements as set forth in the following chapters of 'the Edinonds Community Developatent
Code.
NC1?0.A CHMENT. Permanent structures encroaching upon. an.)) portion, of'public space, City right-qf-way or
easement area shall ineel all Code Requirements as set.forth in theJ611owing chapter of the Edmonds Commutnity
Developmen I Code.
CODE APPLICA 770N. Chapter 18,70, 17.65, and 17.70h040 ofthe Edmonds Community Development Code. All
terms of the adopted ordina77ce are incorporated herein as ifsetj6rth in full and this permit therefore is subject to
the ternis of those chapters.
FOR THE TERMIN WHICH THISPUBLIC USEIENCROA CHMENT IS IN EFFECI; THEOIFNE RSHA ALL COMPLY WITH
THE, PE, RAHT CONDITIONS SET FOR 7:11 B YT HIS PE111111T,
NOTE: The issuance oj'this permit is understood by the owner to he ol'a temporar)
.) nature, shall vest no
permanent right and shall be issued and may in anlr case he revolted at the sole discretion of the City per ECDC
18.70.040, Applicant is responsible to provide a copy ref the insurance certificate to the City at tile beginning qj'
each calendar, year, no later than the 21st da,v ql'Jwmaj°y.
INDEMNITY: The Applicant underslands and agrees to hold the Ci1v'
o Ednionds harmless any in ' '
. J Yul"IVS,
damages or claims of any kind or description whatsoever, foreseen or unforeseen, that inay be made against the
applicant or the City qf'Zdmonds, or any elf its departments or emplojlees, including but not limited to the defense
Q1'any legal proceedings including defense costs, court cost, and attorney fees by reason of granting thispermit.
In addition, the applicant understands that helshe shall provide and continually maintain during the term, ol'the
permit a cerititicate of insurance naming the cily as an additional insured, with respect to liability, and providing
that it shall he primary as to any other policy of insurance.
'9T0ISAIIIII.ICA'IIONISNO'I'AIIL'RNII'I'tJNI'�LSI(iNLDBY ]HECITY 1ENGINEER OR IIISIIFR DEPUTY: AND FFES ARE PAm,AND RECEIPTISACKNOWLEM'.171D IN
SPACE PROVIDED.
ED BY
I
Printed: Thursdav, Jime 26,201
STATUS:t,
® 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.V.'s, manholes, water meters, blowoffs, cleanouts
and valves shall 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 fully
complies with the requirements of criteria above.
® Applicant shall repair/replace all damage to utilities or fiontage 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
permit 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.
® None
Whe-a recorded nx ail toe
City Clara
City of Edrnonds
121 Fift A venue North
Edmonds, Wk 98026
201405180351 C0111F0RPIED COPY
06/18/20-14 ;1 pql , 5 PG5
SNOW11511 COONIY, SHINC10'1
SPACE ABOVE THE LINE FOR RECORDERS USE
Assessor's Parcel Nv.o , q a p�Ejo, f �J
Applicau:. I 1 � �-- 11
ENCROACHMENT AGREEMENT
This ENCROACHMENT AGREEMENT ("Agreement") is entered into between the
CITY OF EDMONDS ("City") and� ��ii �.
("Owner[s]"), in accordance with Chapter 15.70 of the dmonds Community Development
Code.
%. The Property. Owner is the owner of that certain real property located at
qa j; �t{ jit (`� within the City of Edmonds,
Washington, Assessor's Parcel Number 0()q -34W 7[ fad
and more particularly described as follows (111`Fy of OD �,ioN_ 6 0*1 9> -fes
VV 20 �-T OF WJ -..A- 7 A -U, L03 i `9
or
as described in Exhibit "A" attached hereto and incorporated 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) [street, road, ftl-l%,-y, Wil; sidewalk,
With, _�Pnt, r, we. -ter, z �, other M I Y l i sbcl
3. The Encroachment. The Owner desires to encroach upon the public
easement and the City hereby covenants and agrees and grants its permission to Owner to
- allow to auy 'foci ccola Rn�- ty-r
-P� 'A uo �-ncyles . _ 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. This Agreement is
subject to the following terms and conditions:
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f. The property owner is required to provide and continually maintain during the
torr of the permit a certificate of insurance -naming the City as an additional
insured, with respect to liability, and providing that it shall be prunary as to any
otl er policy of' nsurance. A copy of the insura-ace certificate shall be provided to
the City at the beginning of each calendar year, no later than the 21St day of
January.
Entire Agreement. This Agreement constitutes the entire agreement between
the parties wiih respect to the subject matter hereof and supersedes and replaces all other
agreements, oral or wr-itten, between the parties with respect to the subject matter. This
agreement may not be amended except in writing in a doeument 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:
Lto the City:
City Engineer
City of Edmonds
121 Fifth Avenue North
Edmonds, SNA 98020
If to the Owner:
which addresses may be changed from time to time by providing notice to the other party in
the manner described above.
6. Naive -r. 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 same or any other provision of the Agreement.
7. 'Vermination 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 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
- maybe impacted -by -the- Owners' failure -to -properly -use -the easement.
8. Successors and sis. 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.
-3cf?-
a. On behalf of themselves, their successors and assig_rs, the Owner promises to
n-iainla.in, repair, remove and/or replace the encroacturient located in the easement
at their sole expense to the standards established by the City. Al maintenance,
repair, -removal and/or repla.cemeii_t shall_ be conducted solely at the Owriers'
expense.
b. The Owner, on behalf of themselves and their successors and assigns,
a6mowledge that the City had no obligation to approve the encroachment within
the easement for the sole benefit of the Owner, and the agrceracrits contained
herein, provide sufh.cient consideration for the Owner and their successors and
assigns to maintain, repair, remove and/or replace said encroaGhra nt located i the
easement at their sole expense in peg-petifity.
C. The O�vser promises to u -id iffy and hold harmless the City, its of icers, agents
and employees from any Loss, claim or 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 the encroachment by the City's operation, maintenance, repair,
replacement or other work related to construction activity within the easement
This promise to hold harmless and indemnify includes defense by counsel of the
City's choosing, the payment of reasonable attorney's 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 Rill force and effect and shall in no way be
affected by City's grant of permission to construct and maintain the encroachment
structure.
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, 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. signatuTc(s)
thereby bind sLich party.
fN Wfl',IESS -WITF-REOF, the parties hereto have executed this Agreement on this � � day
of ]L' -T s 20 / Li
OzArl\F R(S):
By-
- dit �11��q���
STATE OF WASHINGTON )
COLJN Y OF SNOHOMISH }
This day, personally appeared before me,(_�'.
to me known to be they who executed the witbi. and fareoing document and that
(he/she/they) signed the same as (his/her/their) /�.fee and voluntary act
and deed ford-e64d puiposes therein mentioned.
wp4�,e;�V@kti4i4 fill
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1 911 J L
'-Tgotary Public r
Typed. or Printed Name
VIy Commission expires:—
d� E
CITY OF EDMONDS
By: Ni
EN INEERIl�IG DIVISION
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N
4 x x x x rte* x °sem f; �; X
--------------------- -------------- ---
ENCROACHMENT PERMIT
f
BUILDING PE #e E a
RECORDING #e,�r�
El Check box for Encroachment Including Artwork in the Public Right -of -Way
PROPERTY OWNER NAME: r � r � �'`, � �f' >` Phone
_,_ E.
PROPERTY OWNER MAILING ADDRESS.-� i =E
BUSINESS NAME (for Conu nercial applications): i
BUSINESS OWNER NAME: Phone
ADDRESS OF PUBLIC ENCROACHMENT: � � 4-1 !u Or -f 11/i t.�.�� � 'Pvef;/,I. --, A ���,11 1
/lam/F✓/P/IPJ/CT/ib%/aY.%fJ/. /Ey/ /G%P.Y/EU/J/U/EU/.;✓l /l✓/l /!P2'✓/!%f/O/.;l/L'✓/ YlJ/.f%/!%ll✓.9/l_'/1/C✓/FJYfJ/.I/.f✓/1✓/L'7% /!✓f/..%lri%/%%l%9/, %/d// % /%.✓/s&/ 71 J//,7171�Jfc32N/Pl/Pf/Pl/!.%/G'%A?/. //9/f✓/L%L/.r✓/!"/.//fl//%r9/!1/!✓/.rY/"fP'/1.3T/�J/a9/.�'
Permanent structures encroaching upon any portion of public space, City right-of-way or easement area
shall meet all Code Requirements as set forth in the following chapter of the Edmonds Community
Development Code.
18.70 STREET USE AND ENCROACHMENT PERMITS
PERMIT ISSUANCE
An Encroachment Permit may be issued, at the discretion of the Development Services Director, City
Engineer or their respective designee, for permanent structures encroaching upon any portion of public
space, City right-of-way or easement area, if the structures are placed in compliance with the above
referenced Code Section and the following criteria are met:
1. It has been concluded that the proposal will not adversely impact public space open to vehicular or
pedestrian travel;
2. Architectural Design Board approval has been granted or the process has been administratively
approved;
3. The proposal will not unreasonably interfere with the rights of the public; and
4. 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 a fence normally _associated with residential use of the
property as fully complies with the requirements of Criteria 3 above.
s. Edmonds Arts Commission has reviewed the required materials and made a favorable recommendation.
(DESCRIPTION OF PROPOSED ENCROACHMENT: (include total square footage of encroachment and give
specific location such as, 5' west of face ofyycuTb and 10' south of ch of driveway entrance)
S:l�--ngrlfforzi-AslEzicroachmentApplication.doc Revised 10/9/2007
APPLICANT TO READ AND SIGN
NOTE: The issuance of this permit is understood by the applicant to be of a temporary nature, revocable by
the City per ECDC 18.70.040 and that no vested right is granted. 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 21"
day of January.
INDEMNITY: The applicant understands and by his/her signature to this application, agrees to hold the
City of Edmonds harmless from 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 costs, and attorney fees by reason of granting this permit. In addition, the applicant
understands that he/she shall 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.
CODE APPLICATION: By signing the application below the applicant warrants that slhe has read or had
the opportunity to read Chapter 18.70 of the Edmonds Community Development Code and s/he
understands that all terms of the adopted ordinance are incorporated herein as if set forth in full and this
application and permits therefore are subject to the terms of those Chapters.
IGI�ATIJRI+; / i DATE
`l' t°
` Propeay Owner
******* DEPARTMENT APPROVALS ***** FOR CITY USE ONLY *******
Date Rev'd: by: Cert. of Insurance verified by: Date
. Public Works Approved by. Date
Remarks:
. Planning Division Approved by:
Remarks:
Edmonds Arts Commission Approved By:
Remarks:
ADB# Date
Engineering Division Approvedby.— t�! ::/ �.�2:� - � �1\ __ Date
Remarks:
Revised 1.0/9/2007