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ENG record after construction BLD2021-0207+ENCROACHMENT PERMIT+2.4.2021_5.42.33_PM+2033857OF EDM O� ENCROACHMENT PERMIT APPLICATION ADDRESS OF PROPOSED PUBLIC USE: 89 1 Z (y Z4 � CS 1.41 , �i Gk s'J S JAI,+ 9 80,-ZL PROPERTY OWNER NAME: b4vo%I �I/ P'fc�Yl V"�+f l Qcc'C PHONE: '�vZ$ _ 35 b PROPERTY OWNER MAILING ADDRESS: 60I (o aC)10"- k s k C &&Rf j CONTACT NAME: !9 T4t� �) —i PHONE: d e botai► Ayucw, (c5r-) Describe the portion of public space, City right-of-way or easement area to be utilized (i.e., overhead space of sidewalk, 10 foot City utility easement along north property line, etc,)`:'q C i +<, r" 43 Describe the type of encroachment or use desired (i.e., fence 6 feet by 150 feet, awning 3 feet wide by 7 fee/ta long, etc.): Fe►r1c P r fang 9-�'S Al, �SAe 6C _`9 NA—, 112- � 71 L-54 ------------------DEPARTMENT APPROVALS ---FOR CITY USE ONLY ------------------- Planning Division Approved By ADB# Date Public Works Approved By Date Remarks or Comments: Engineering Division Approved By Certificate of Insurance Verified By Date Date Encroachment Agreement sent to City Clerk for recording Date ENCROACHMENT PERMIT# ISSUANCE DATE BUILDING PERMIT # RECORDING # When recorded mail to: City Clerk City of Edmonds 121 Fifth Avenue North Edmonds, WA 98020 SPACE ABOVE THE LINE FOR RECORDERS USE Assessor's Parcel No.: Applicant: ENCROACHMENT AGREEMENT This ENCROACHMENT AGRE MENT ("Agre ment") is entered into between the CITY OF EDMONDS ("City") and beb. I GCLP,-f" V f J l f-+-� ("Owner[s]"), in accordance with Chapter 18.70 of the Edmonds Community Development Code. 1. The Property. Owner is the owner of that certain real property located at within the City of Edmonds, Washington, Assessor's Parcel Number,.-? 74)t f 1 06 "3 O ' ' 00 and more particularly described as follows SEC 18 -rwP 27 RGI; o4KI•-18Q-1) BAAP 1301 48FT N & 599.26FT E OF S\\ COR SW 1/4I'll E 115FT T11 S to-wr I-im 115FT N 105F'r TO POB 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) [sty n , , other 11 tiCl.J lip 3. The Encroachment. The Owner desires to encroach upon the public easement andthe City hereby covenants and agrees and grants its permission to Owner to , allow CL �tii r ,� 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 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: If to the Cites City Engineer City of Edmonds 121 Fifth Avenue North Edmonds, WA 98020 i>. C , i o P&MCM,�il/1��� 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 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. 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 WITNESS WHEREOF, the parties hereto have executed this Agreement on this `F day of 4t'U- , 20 c f OWNER(S): By: STATE OF WASHINGTON ) COUNTY OF SNOHOMISH ) By: This day, personally appeared before me, 60ACLvL V-ei 11e k X a ftd I)A o r.", to me known to be the person(s) who executed the within and foregoing documen an What (he/she/they) qh ce y signed the same as (his/her/their) free and voluntary act and deed for the u s and purposes therein mentioned. SARAH J JORDAN Notary Public State of Washington Commission # 20120733 My Comm. Expires Sep 14, 2024 CITY OF EDMONDS Un ENGINEERING DIVISION Notary Public Sale• 7 �o rcQal2 Typed or Printed Name My Commission expires: ©q — l Lf —20 2_4-1 Snohomish County Washington Auditor Recording Requirements USE BLACK INK ONLY - DO NOT FOLD DOCUMENTS! Document Format Requirements Effective January 1, 1997 all documents submitted for recording in Washington State must conform to standards set by RCW 36.18 and 65.04 Documents which do not meet the requirements will be returned for reformatting before they will be recorded. The following standards are required: • A cover sheet is required for documents in which the first page does not contain the necessary index fields or the three inch top margin. • All pages must conform to formatting requirements for margins, page size, font size, color, legibility, seals and attachments. • A cover sheet will not relieve you of the responsibility of meeting the formatting requirements for all subsequent pages. The first page of the document, or the cover sheet must include the following information: • Title(s) • Reference Number • Grantor • Grantee • Legal Description • Assessor's Parcel Number • All applicable information must be filled in if a cover sheet is used. "See attached" is not acceptable • All information must be legible and capable of being imaged. • Return address must appear on the first page, top left corner • First page shall include three-inch top margin and one -inch bottom and side margins • Subsequent page margins must be one -inch on top, bottom and sides • No attachments shall appear on pages (such as stapled, taped or glued notary blocks) • Page size must be 8-1/2" x 14" or less • Font size must be at least 8 point • Seals must be legible and capable of being imaged (pressure seals must be smudged) Documents which were signed prior to January 1, 1997 maybe recorded without reformatting, bur a cover sheet will be required. If you have any questions or would like feedback on reformatted document, please contact Lisa Goldsworthy the Snohomish County Recording Manager at 425.338.3713 or Fax at 425.259,2777. * 'j 12Z 12nd St. SW —55-..-- 55 __ 5 fur S s T-ei u— 10 fvom �c ve rrlo-r»'t" 1 I A I - MNT A EmV ( Pxrxh 1 EN'rIRY LEWEt FAMISH FLl2£}7f ELEVATit N: 343.08- I r 2 FrZZ "�.� , P T j 1 j' a bt / 5elbaek Access - 0"" �tca ci sti i�r> # 9 _ td'+dle - ,� Setback I. ( 5ed lack ;;fj POW D Covered €'attar �� ppgif C26- REAR ♦ 3dS.9T b 8ddg. footprint Area 3212 s:i. $E1J36tC (�'J�4�.�Q''{?fj' Lot Sim f2.0t10 s.t. LAX Coverage 27.4%. f R =— DASHED Lfl41L 1t(39CATES LINE � OF EXISTrttu HOUSE 3 �• DRIVEWAY TO ESE DEmou"EO i t PRUVEF1 TY ADORFSS: 11%12 7g2t,<ti s r sW . Eouoms, wA 9Eti2"iz PARCEL tlUAA6ER: 2YG.tiUesi3t137€�fI - - North Site Plan j �i(8w -V4116� F.9 J► 1 Critical Areas File #: rkA,2Z)t 5 (� I X nitial Determination - $100 © Subsequent D termination - $50 Date Received: k 1175 9 Date Mailed to Applicant: The purpose of this checklist is to enable City staff to determine whether any critical areas and/or buffers are located on or adjacent to the subject property. Critical areas, such as wetlands, streams and steep slopes, are ecologically sensitive or hazardous areas that are regulated to protect their functions and values. The City's critical area regulations are contained within Edmonds Community Development Code (ECDC) Chapters 23.40 through 23.90. Property Owner's Authorization City of Edmonds Development Services Department Planning Division Phone: 425.771.0220 www.edmondswa.gov A property owner, or an authorized representative, must fill out the checklist, sign and date it, and submit it to the City. Staff will review the checklist, conduct a site visit, and make a determination of whether there are critical areas and/or critical area buffers on or near the site. If a "Critical Area Present" determination is issued, a report addressing the applicable critical area requirements of ECDC Chapters 23.40 through 23.90 inay be required depending on the scope of the proposed activity. By my signature, I certify that the information and exhibits herewith submitted are true and correct to the best of my knowledge and grant my permission for the public officials and the staff of the City of Edmonds to enter the subject property for the purposes of inspection attendant to this application. The undersigned owner, and his/her/its heirs, and assigns, in consideration on the processing of the application agrees to release, indemnify, defend and hold the City of Edmonds harmless from any and all damages, including reasonable attorney's fees, arising from any action or infraction based in whole or part upon false, misleading, inaccurate or incomplete information furnished by the applicant, his/her/its agents or employees. s f° SIGNATURE OF OWNER / "~ �` DATE Owner: &16c c 't % Narne 1('3 ( �, (��1111 Pi���� Street Address ( "I&IJ S ")/A 11 eo City State Zip Telephone: T� " "r Email addresser° Applicant/Agent: Name Street Address 5 !il-4 '�� . City State Zip Telephoner Email Address: ; e-t i 60 dl I Revised on 114117 P20 - Critical Areas Checklist Page I of 2 CA File No: C f_l�- 7D 1g �q �q ( #P20 Critical Areas Checklist Site Information 1. Site Address/Location: { by✓`� 2 ' 2. Property Tax Account Number: 2-70 �i (Q, - 00 31) - 3. Approximate Site Size (acres or square feet): �Z- l 0(_) 4. Is this site currently developed? Dlles ❑ No If yes, how is the site developed? 1-tot I "e G-� "7✓�/I'� 5. Describe the general site topography. Check all that apply. T ' ( Flat to Rolling: No slope on/adjacent to the site or slopes generally less than 15% (a vertical / rise of 10-feet over a horizontal distance of 66-feet). Moderate: Slopes present on/adjacent to site of more than 15% and less than 40% (a vertical rise of 10-feet over a horizontal distance of 25 to 66-feet). ❑ Steep: Slopes of greater than 40% present on/adjacent to site (a vertical rise of 10-feet over a horizontal distance of less than 25-feet). 6. Have there been landslides on or near the site in the past? ❑ Yes )1_N0 If yes, please describe: 7. Site contains areas of year-round standing water? ❑ Yes (approx. depth: ) CXNo 8. Site contains areas of seasonal standing water? ❑ Yes (approx. depth: ) 1X10 If yes, what season(s) of the year? 9. Site is in the floodway or floodplain of a water course? ❑ Floodway ❑ Floodplain 10. Site contains a creek or an area where water flows across the grounds surface? ❑ Yes �io If yes, are flows year-round or seasonal? ❑ Year-round ❑ Seasonal (time of year: ) 11. Obvious wetland is present on site? ❑ Yes �No ---------- .-_--.. ----- --_------------------------------ For City Staff Use Only 1. Zoning: � S ( t 3. SCS mapped soil type(s): 3. Critical Areas inventory or C.A. map indicates Critical Area on site: _ -rZ-A-- 10 4. Site within designated North Edmonds Earth Subsidence and Landslide Hazard Area (ESHLA)? ' .... DETERMINATION CRITICAL AREAS PRESENT WAIVER Reviewed by:_M[,,� Date; tI Revised on 114117 P20 - Critical Areas Checklist Page 2 of 2