Seaview Elementary Encroachment Permit.pdfWhen recorded mail to:
City Clerk
City Of Edmonds
121 Fifth Avenue North
Edmonds, WA 98020
2016@5@9@173CONFORMED SOPY PGS
SNOHOMISH6Wi
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SPACE At OVE� THE LINE FOR REC'ORDERS USE
Assessorlsl`aree,[No.: 00434600001900
Applicant: Edmonds School District #15
ENCROACHMENT AGREEMENT
This ENCROACEM137NT AGREEMENT ("AgrecIncift") is entered into between tile
IT
CI
Y OF EDMONDS ("City") and _gdmondSSCh0o1 -District #15
("Ownerfs]"), in accordance with Chapter 18,70 of the Edisto
nds Community —Devei—cipi-n—ent
The I'll,
iim-Kmam. Owner is the owner of that certain real property located at
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Washington,
M-2618fth—,9tAssessorreelt SWs Parcel Number -WA00984346Q26 , within the City of Edmonds,
'�00001900
and more particularly described as follows
_§�e
chool
as described in Exhibit "A" attached hereto and incorporated herein by reference. , or
2. 11-11SUEA.8011011t. The City right-of-way ad�accnt to ow fie , property or an
existing casement used for (strike those that don't apply) ��r s p op
W04, sanitary sewer,-,�,
3. 4111113–e– 'Encron—chm"ent, 'File Owner desires to encroach upon the public
easement and the City hereby covenants and agrees and grants it,,,, p
allow jgW figWuybsur(La�ra�ia crinission to Owner to
...........
to remain in a portion of
the City right-of-way/casement. 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:
E26-EricroauhAgreern=2 13-13,final,doc
a- On behalf of themselves, their successors and assigns, the Owner promises to
maintain, repair, remove and/or replace the encroachment located ill the easement
at their sole expense to the standards established by tile City. All ilia in teria lice,
repair, removal and/or replacement shall be conducted solely at the OwIlers,
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 or the Owner, and the agreellients
, colltaille(j
herein, provide sufficient consideration for- the Owner and their successors and
assigns to maintain, repair, remove arid/or replace said encroachment located in the
easement at their sole expense in perpetuity.
from any and all loss, claim, demand or liability of any kind or
and employees f n
The Owner promises to indemnify and hold harmless the City, its officers, agents
nature, foreseen or unforeseen, arising from or out Of its Promises contained within
this Agreement, including but not lilniled to ally daln"tge that may be caused to the
encroachment by the City's 011cl-ation, tilailltellance, repair, replacement or other
work related to construction activity within the easement, or any damage or
expense arising out of tile loss or, 01. damage to, proporty 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 licreill, however, sll� if be
) a interpreted to require the Owner to
indenillify the City front the negligence or intentional tortuous act of its
"TJOYces, Officers, or agents.
The Owner shall at the request of the City, PrOl'llPtlY remove, repair, reconstruct,
and/or replace the encroachment at the Owners'
notification froin the City that the sole expense. Upoll receipt of
City requires removal Of all or portions of the
encroachment from within the easement, (Ile Owner will promptly remove those
portions of the encroachinent from Within tile easement area as required by the
City at their sole expense. If the portions or the encroach merit required by the City
to be removed are not tilllclY removed by the Owner, tI)cY Shall be removed by the
City at the expense of the Owner, and the Owner shall reimburse tile City flor the
costs of removal of the encroachment and disposal of materials as well as for any
increased construction costs or consequential (Jarnages incurred by the City due to
tile Owners' delay, Ill the event that portions of the encroachment must be
removed to fil"'tatc Utility aryl/or construction activity by the City within the
easement or Other requirements of the City, the Owner shall be solely responsible
for replacement or (lie encroacliment at their exl)ense upon completion of the
utility and/or construction or other activity by the City.
e. Whatever rights and obligiitions were acquired by the City with rcsl)ect to the
easement shall renlaill 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 encroachn1clit
structure.
E26-EncroachAgreement 2.13,13,final.doc
l": Business and coninnercial opera ' 7 of4 -
lion property owners tire required to provide and
continually maintain during tile term of the permit a certificate of insurance
naming the City as an additional insured, will, respect to liability, and providing
that it shall be primary as to ally otber, POJicY of insurance. A colay of the
insurance certificate shall be provided to the P
year, no later thanthe 21 " day of January.
City at the beginnhig of e�jclj calendar
9. Owner shall, in [lie performance of this Agreement, comply with all applicable
1-cdcral, State and local laws and regulations, including but not limited to City
code and ordinance requirements.
4. Areenjelit
the PaiIies with res. g�' This Agreement constitutes (lie entire agreement between
respect to, the subject matter hereof and SUPersedes, land r
written, between the parties with respect to the sub c t Imiter. This
agreements, oral 01 eplaces jill other
0greernent Illay riot be amended except in writing in a document fill c
auditor OrSnollontish COUnty, Washington. ed of recor(j will, the
5. �i—Oticcs- Ali), notice which is required or may be given
Agreement shall be sent ill waiting by Pursuant to daisUnited States nill first class, postage pre _P,
aid,
registered or certified with return receipt recluested, or by offier comparable commercial
means and addressed as rollows:
ffLo—lhe City:
City Engineer
City of Edmonds
121 Fifth Avenue North
Edmonds, WA 98020
fffor —lh,L —OL4111-Mr—
Executive Dire,B
ctor
in
usess & Cpttions
Edril School District No. 15
42
2
venues
r
UMwwood
36
which addresses may be changed from time to time by Providing notice to the other party in
the manner described above.
6. AO—I'ver. City's consent to or approval of any act or emission by Owner shall
not constitute a waiver of tiny 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. 'I'CrMilill of A reernc=rat.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 illlpacts or damages tile city"% right of way, easement Wid/or underlying utility
SYSICIIIS or violates ally condition of service adopted by the City, I it
ry to prevent damage to the C itY's utility SYStell), or any other public f,,Icility which
be necessa a s sole discretion, its may
may be impacted by the Owners' ta"Llre to Pr0PcJ-lY Else [lie casement.
E26-EncroachAgreemejA2-13 13 final,doc
S. Successors and Assign . 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 c9 day
of TQOtUC !/ , 20 16
OWNER($):
By: By:
STATE OF WASHINGTON
COUNTY OF SNOHOMISH
This day, personally appeared before me, .� &" e- C— i II ff
to me ]mown to be the person(s) who exec;d the within and foregoing do' current and that
rlti r to cy) signed the same a,(/ar".)her:�theh„ free and voluntary act
and deed for the uses and purposes therein mentioned.
CITY OF EDMONDS
By
UNEEIZING DIVISION
E,,2f-EncroachAgreement 2..13.13 finaEdoc
Notary Public /
Typed or Printed Name
My Commission expires:
Project LEdmonds
eld Drainage Improvements
Location ew Elementary School
Client School District #15
Seaview Ellementary School - Lena
LEC AL DE!5GR I PT 1 CSN
KxLibit "A"
criDtion
FARM A:
THE NORTH 315 FEET OP TRACT 22, EPMCNDS SEA VIEW TRACTS, ACCORDING: TO TF$ FLAT
THMROF RECORDED M VOLJM 3 OF PLATS, PAGE 16, RECORDS OF 8NOHOM15H COL14TY
WASHINGTON
PARCEL Be
LOT 1% EXCEPT THE NOR114 231AO FEET OF THE #LEST 21649 FEET,
LOT 20, EXCEPT THE NORTH Mb FEET CP THE EAST 100 FEET AND EXCEPT THAT PORTION
OF THE. EAST 1:50 FEE I OF RAID LOT 20, LYIW3 NORT14 OF A LINE 6 FEET NOWN OF THE
04MTH LINE, ANO OF A LINE DS MET SOJT14 OP THE NORTH ms's
PARCEL C-
TWE NORTH 20 FEET OF THE EAST 202,18 PMI OP LOT 21, EDMONDB SEA VIEW TRACTS,
ACCOIIWI TO THE PLAT TWEREOF, RECOPMeD IN VOLUME 3 OF PLATS, PACyE 16, RWOWS
OF SNOHOMISH COUITY, WASHINGTOK
SITUATE IN TWE COLINTY CP BNOHOMISK STATE OP WASHINGToK
PROPERTY TAX ACCO W No. 4346 900 019 0004
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Exhibit "B"
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SEAVIEW ELEMENTARY SCHOOL
PLAYFIELD DRAINAGE IMPROVEMENTS
EDMONDS, WASHINGTON
EDMONDS SCHOOL DISTRICT NO. 15
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SKETCH NO.: EXHIBIT "B"
DRAWN BY: KPFF
DATE: 2016 01 22
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SEAVIEW ELEMENTARY SCHOOL
PLAYFIELD DRAINAGE IMPROVEMENTS
EDMONDS, WASHINGTON
EDMONDS SCHOOL DISTRICT NO. 15
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SKETCH NO.: EXHIBIT "B"
DRAWN BY: KPFF
DATE: 2016 01 22