Encroachment Permit.pdfEDM NDS
CITY OF O
121 5TH AVENUE NORTH - EDMONDS, WA 98020
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PHONE: (425) 771-0220 - FAX: (425) 771-0221
STATUS: APPROVED ENG20190460
Permit Number: E*PI G2001 9904650
Address ofPublic Use/Encroachment: 731 NORTHSTREAM LN, EDMONDS
731 NORTHSTREAM LN
EDMONDS, WA 98020
Chain link fence located within City easement along south property line.
STREET USE: Placement of any temporary or movable objects in any portion of public space or City right-of-way
shall meet all code requirements as set forth in the following chapters of the Edmonds Community Development
Code.
ENCROACHMENT: 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.
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 set forth in full and this permit therefore is subject to
the terms of those chapters.
FOR THE TERM IN WHICH THIS PUBLIC USE/ENCROACHMENTISINEFFECT, THE OWNER SHALL COMPLYWITH
THE PERMIT CONDITIONS SET FORTH BYTHIS PERMIT.
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 be 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 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 de
,Jense costs, court cost, 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 ceritificate 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.
THIS APPLICATION IS NOTA PERMITUNTIL SIGNED BY THE CITY ENGINEER OR HIS/HER DEPUTY: AND FEES ARE PAID, AND RECEIPTIS ACKNOWLEDGED IN
SPACE PROVIDED
Printed: Wednesday, November 27,201
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❑ FILE COPY ❑ INSPECTOR COPY APPLICANT COPY
STATUS: APPROVED
ENG20190460
• Design Review Approval has been granted or the process has been administratively approved.
• The proposal will not unreasonably interfere with the rights ofthe public.
• Three feet of clearance around fire hydrants, standpipes, P.I.V.'s, manholes, water meters, blowom, 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 ofthe property as fully
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 ofhis 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 ofwhatever nature, arising directly or indirectly from the issuance ofthis permit. Issuance ofthis
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
When recorded mail to:
City Clerk 1111111 IIIII 11111 IIIIII IIIII IIIII IIIII IIIII IIIII 11111 IIIII 11111 IIII IIII
City of Edmonds 201911270242 6 PGS
121 Fifth Avenue North 11127 / 2019 9 ; 37am N08,50
Edmonds, WA 98020 SNOHOMISH COUNTY, SHINGTON
SPACE ABOVE THE LINE_FOR RECORDERS USE
Assessor's Parcel No.: 3 2--c)oo -o -�
Applicant: El%Se,i 61b 6',1e-N 19 1�
ENCROACHMENT AGREEMENT
This ENCROACHMENT AGREEMENT ("Agreement") is entered into between the
CITY OF EDMONDS ("City") and
("Owner[s]"), in accordance with
Code.
Chapter 18.70 of the Edmonds Community Development
1. The Property. Owner is the owner of that certain real property located at
-131 (_awe_ , within the City of Edmonds,
Washington, Assessor's Parcel Number 0y 3'25'-OC-10 -- o09 - Oo
and more particularly described as follows Lo4 9 oP L"he , o s pe,�
M0- re coded i n Wt uw k 7-3 0�P P_ lc4-5 PAS b-4, rec-ids 0-,
aµct'Yi'ar 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, • , -abler, tFai , sidev aik,
<h�, l , sanitary sewer, water, storm, other
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 a
— 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:
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. In the event that time does not permit the City
to provide the Owner with the notification/request referenced above, the City will
remove the encroachment and place all materials related to such removal upon the
Owner's property. All costs incurred by the City in undertaking such work shall be
the sole responsibility of the Owner.
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.
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
2 1 " 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 Agreement. 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:
I to the Cit:
City Engineer
City of Edmonds
121 Fifth Avenue North
Edmonds, WA 98020
If to the Owner:
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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 same or any other provision of the Agreement.
7. Termination of A(_,reement. 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.
8. 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. 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 WIlITNESS WHEREOF, the parties hereto have executed this Agreement on this��day
of 20�.
OWNER(S):
By:By:
STATE OF WASHINGTON
COUNTY OF SNOHOMISH
This day, personally appeared before me, M"" N�—jk L��24 ,
to me known to be the person(s) who executed the within and foregoing docurnelit and that
(he/she/they) w signed the same as
(his/her/their) l 2 free and voluntary act
and deg�, AKofi uses and purposes therein
mentioned.
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Typed or Printed Name
My Commission expires:
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CITY OF EDMONDS
GINEERING DIVISION
EXHIBIT A
(Legal Description)
Property Description
Snohomish County Tax Parcel No. 005325-000-009-00
731 Northstream Lane, Edmonds, Washington 98020
LOT 9 OF NORTHSTREAM LANE, AS PER PLAT RECORDED IN VOLUME 23 OF PLATS, PAGE 87, RECORDS
OF SNOHOMISH COUNTY AUDITOR; SITUATE IN THE COUNTY OF SNOHOMISH , STATE OF WASHINGTON.
EXHIBIT B
(Site Plan) a
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