ENG ENCROACHMENT AGREEMENTNO EXCISE TAX
REQUIRED
When recorded mail to:
DEC 2 9 2020
City Cleric
City of Edmonds
III Fifth Avenue North BRIAN SULLIVAN, Snohomish County Treasurer
Edmonds, WA 98020 By BRIAN SULLIVAN+r✓
IoII IIII IB1 IN 0111 o i l 0111
202012290771
AGREEMENT Rec: $107.50
12/29/2020 3:27 PM 5 PG
SNOHOMISH COUNTY, WA
SPACE .ABOVE THE LINE FOR RECORDERS USE
Assessor's Parcel No.- S Y#4WC10,z�i0o
Appllcant:- - 2a. cd z 4 -4=2kina
ENCROACHMENT AGREEMENT
This ENCROACHMENT AGREEMENT ("Agreement") is entered into between the
CITY OF EDMONDS ("City") and /) 4
("Owner[s]"), in accordance with Chapter 18.70 ot the Edmonds Co ' y Development
Code.
1. The P� Owner is the owner of that certain real property Iocated at
1' qn za&� f X?d . , within the City of Edmonds,
Washington, Assessor's Parcel Number _ 00 s Z 44 ,DOQQY400 ,
and more particularly described as follows ?a+:lht f'G' t,r Zf' k. C 00 —b _ 00 -- f it 4-5—
or
as described in Exhibit "A" attached hereto and incorporated herein by reference.
2. The Epsement. 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,
bike path, pedestrian easement, sanitary sewer, water, storm, other
1.
3. The Encroachmen#. The Owner desires to encroach upon the public
easement and to City hereby covenants and agrees and grants its permission to Owner to
allow S .
`_J I 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.
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 21 It 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. 1 ngjg 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. N20- es. 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:
If to the City:
City Engineer
City of Edmonds
121 Fifth Avenue North
Edmonds, WA 95020
which addresses may be changed from time to time by providing notice to the other party in
the manner described above.
6. WaLver. 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 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 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.
Exhibit B
Site Plan
PROP
,PRALT
,VERB
Z+190p. I r'1rE ^-
A
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. C&gaelty. 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.
1N WITNESS WHEREOF, the parties hereto have executed this Agreement on this 7--�ay
of Q7--d.
07 i
STATE OF WASHINGTON
COUNTY OF SNOHOMISH
By: v `- / `
This day, personally appeared before me, L► l 4A
to me known to be the person(s) who executed the withinJand fore oing document and that
(helshelthey signed the same as (htslherlthetr) a ii free and voluntary act
and deed for the useg and purposes therein mend
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S.o�Nt MENr�'F'�% Notary Public
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(n ' � • Typed or Printed Name
�'•, ,Ld� , o� My Commission expires: %Z )'-2 O ZZ
WA S H
CITY OF EDIbI`i i4b9" \\���\
4AXi
Snohomish County Recording
A Division of the Auditor's Office
Garth Fell
County Auditor
Clifton Harty
Licensing and Recording Manager
Transaction # 2092603
Agent Code: PUB
Source: Federal Express
Receipt # 168311
Attention:
Returned: Federal Express
Cashier Date: 12/29/2020
Name: CITY CLERK
Cashier: SAUDLM
Address: CITY OF EDMONDS
121 5TH AVENUE NORTH
EDMONDS, WA 98020
AGREEMENT
Inst. #: 202012290771
GENERAL RECORDING FEE $107.50
Pages: 5
PAYMENT: CHECK 5515 AMOUNT: $107.50
Total Payments: Total Fees:
$ 107.50 $ 107.50
3000 Rockefeller Avenue, M/S 204 1 Everett, Washington 98201 1 (425) 388-3483
recording@snoco.org I www.snoco.org
12/29/2020 3:27:55PM Page 1 of 1