Encroachment_Agreement_Edmonds_St-1026.pdfWhen recorded mail to:
City Clerk
City oMmonds
121 Fifth Avenue north
Edmonds, WA 98020
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SNOHOMISH COUNT , OHINGTON
SPACE ABOVE THE LINE FOR RECORDERS USE
Assessor's Parcel No.: 00 43 0a
This ENCROACHMENT AGREEMENT ("Agreement") is entered i to between the
CITY OF EDMONDS {"City") and ,44 o
("Owner[s]") in accordance with Chapter 18.70 of the Edmond Comm 1ty Development
Code.
1. The Property. Owner is the owner of that certain real property .located at
Edmori s Street I within the City of Edmonds,
Washington, Assessor's Parcel Number 00434204110-01-30-0-
and
0g3g2041nnsznnand more particularly described as follows
ri ft - P1jInt _gA W 7F ft n# Int 10 [e 5 Jar alley
�.._.._.__. 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, alley, trail, sidewalk,
bikepath, pedestrian easement, 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 Retaining wall and access stairs
to remain in a portion of
the City night-of-way/easement. A Martial site plait, scaled l"=20', showing the location of the
encroachment is attached as Exhibit "l3" and incorporated by reference. This Agreement is
subject to the following terms and conditions:
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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.
The Owner promises to indeM.11ify and hold harmless the City, its officers, 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,
replaceanent 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, tine 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 encroaclu-nent 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 reirabu se 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. hr 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.
c. 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,
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f. The property owner is 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 21" day of
7anuarv_
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 fled 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 cotxunercial
means and addressed as follows:
-4 the Citjr:
City Frtgincer
City of Edmonds
121 Fifth Avenue North
Echnonds, WA 98020
If to. the Owner:
Thomas Lindsay Mead
1026 Edmonds Street
--Edmon s as mg on, -'
which addresses may be changed from time to time by providing notice to the other party in
the manner described above.
b. 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
conracming the same or any other provision of the Agreement.
7. Termination of Agreetxrient. 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
may be impacted by the Owners' failure to properly use the easement.
S. Successors an 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.
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9. Capaeit T. Each party represents that the person(s) executing this Ageement
on behalf of such party has the authority to execute this Agreement and by such signature(s)
thereby bind such party.
IIN WITN SS WHEREOF, the parties hereto have execrated this Agreement on this
of
OWNER(S):
By: IZ i ✓Z611By-
STATE OF WASHINGTON
COUNTY OF SNOIIOMISH
clay
This day, personally appeared before me, -
to me known to be the person(s) who executed tTie within and fol4going document and that
(he%K/ ey) di ed the same as (IzislZ��/tb ) free and voluntary act
and deed for tl sntes therein mentioned.
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OP WAS\,k
CITY OF EDMONDS
B
EgGINEERING DIVISIONT
Notary Public
"U L 8—.0 . OLSEIV
Typed or Printed. Name
My Commission expires:. –
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