ENP2021-0051 RECORDED ENCROACHMENT PERMIT -LFII IN �1 III
202108050159
AGREEMENT Rem $210.50
81512021 9:50 AM 8 PG
SNOHOMISH COUNTY,, WA
Gabriel Mannix
21124 Pioneer Way
Edmonds, WA 98026
Title: Encroachment Permit
Reference Number: ENP2021-0051
Grantor: City of Edmonds
Grantee: Gabriel and Lauren Mannix
Legal Description: ESPELAND ESTATES BLK 000 D-00 BEG AT C/L INT OF SHELL VALLEY RD &
PIONEER WAY, A SURFACEBRASS MON TH N37*00 30E 113.92FT TO A MON IN A WELL &
COVER TH N 110.33FT TO TPB TH CONT N 137.88FT TH S79*36 38E 99.88FT TH ON CRV TO L
HAVG RAD BEARS54*26 33E TO RAD PT THRU C/A 11*50 22 WITH A RAD OF 590.06FT A DIST
121.93FT TH ON A CRV TO R HAVG RAD BEAR OF N66*16 55W TO RAD PT THRU C/A 3*20 23
WITH RAD OF 530.06FT A DIST 30.90FT THN59*58 57W 28.65FT TO TPB PER LL-97-83 REC AFN
9712300766
Assessor's Parcel Number: 00707300000100
When. recorded mail too
City Clerk
City of Edmonds
121 Fifth Avenue North.
Edmonds, WA 98020
SPACE ABOVE THE LINE FOR RECORDERS USE
Assessor's Parcel No.: 00707300000100
Applicant Gabriel and Lauren Mannix
ENCROACHMENT AGREEMENT
This ENCROACHMENT AGREEMENT ("'Agreement 5) is entered into between the
CITY OF EDMONDS C`Clty") and Gabnlel and Lauren Ma ix
C'Owner 1n
IS]"), accordance with. Chapter 18.70 of the Edmonds Community Development
Code.
1. The Pro]2ertv. Owner is the owner of that certain real property located at
21124 Pioneer Way within the City of Edmonds,
Washington,, A sessor's Parcel Number 00707300000100
seeaftached "Exhibit N' for M1 descdpti
and more particularly described as follows ion
..........
or
as described in Exhibit "A" attached hereto and 'incorporated herein by reference.
2, The Easement. The City fight -of -way adjacent to owner"s property or an
existing easement used for (strike those that don't apply) mi -11 go- $"oil
---- - ------ --
,U,UIW .11&j 70'LUAAA4.&LJ other fence
30 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 fence
to remain in aportion 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 O�krner 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 nidintenance,
4, O
repair, removal and/or replacement shall be conducted solely at the w-ners'
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 indeninify 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 hiumless 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 shallbe 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 terms of the permit a certificate of insurance
naming the City as an additional *insured, with respect to liability, and providing
that it shall be prhnaxy 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 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 AV&ement. This Agreement constitutes the entire agreement bemr-een
the parties with respect to the subject matter hereof and supersedes and replaces all other
agreements, oral or written, between the partie& with respect to the subject matter. Tbiis
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.-
kto Lhe QY-.- 4 to the Owner:
City Engineer Gabdel Mannix
City of Edmonds 21124 Pioneer Way
121 Fifth Avenue North Edmonds, WA 98026
Edmonds, WA 98020
which addresses may be changed from time to time by providing notice to the other party in
1
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
i concerning the same or any other provision of the Agreement.
7. Tormination 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 encroaclunent
negatively impacts or damages the City's right of way, easement and/or underlying utility
g
systems or violates any condition of service adopted by the City, at its sole discretion, as may
be necessary to prevent damage to the Cit's sys
tem, stem, or any other public facility which
W V
may be impacted by the Owners' failure to properly use the easement.
8. Successors Assigns. This Agreement shall be binding and inure to the
iyU
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* Qaaacftj. 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 fi day
Of 20
OWNER(S)-.
oe
BY: B
STATE OF WASHINGTON
COUNTY OF SNOHOMISH
This day, personally appeared before me, (,� ck� V' L0i--%4jrt-^ rA,e"u-" Ai
to me known to be the person(s) who executed the within and foreg6ing document and that
(helshelthey) -A signed the same as (hislherltheir) T free and voluntary act
and deed for the uses and purposes therein mentioned.
Notary Public
Typed or Printed Name
My Conunission expires. it 1*11-le
CITY OF EDMONDS
By: -- ----
ENG,41NR11N#G "DIVISJION
Exhibit A
Legal description
ESPELAND ESTATES BLK 000 D-00 - BEG AT C/L INT OF SHELL VALLEY RD
& PIONEER WAY, A SURFACEBRASS MON TH N37*00 30E 113.92FT TO A
MON IN A WELL & COVER TH N 110.33FT TO TPB TH CONT N 137.88FT TH
S 79*36 38 E 99.88 FT TH ON C RV TO L HAVG RAD B EARS54*26 33 E TO RAD
PT THRU C/A 11 *50 22 WITH A RAD OF 590.06FT A DIST 121.93FT TH ON A
C RV TO R HAVG RAD BEAR OF N 66* 16 55W TO RAD PT TH RU C/A 3*20 23
WITH RAD OF 530.06FT A DIST 30.90FT THN59*58 57W 28.65FT TO TPB PER
LL-97-83 REC AFN 9712300766
CAI.�- ' .. ... ....�....,.. ...... � .. ,. ... ....
Garth Fell
County Auditor
Snohomish County Recording Clifton Harty
A Division of the Auditor's Office Licensing and Recording Manager
Transaction # 2213734 Agent Code: PUB Source: _Counter
Receipt # 281340 Attention:
Returned: _Counter
Cashier Date: 08/05/2021 Name: PUBLIC
Cashier: SAUJJR Address:
AGREEMENT
Inst. #: 202108050159
From: CITY OF EDMONDS To: MANNIX LAUREN
GENERAL RECORDING FEE V2 $210.50
Pages: 8
Subtotal $210.50
:redit Card Amount Charged $210.50
3000 Rockefeller Avenue, M/S 204 1 Everett, Washington 98201 (425) 388-3483
recording@snoco.org snoco.org I www.snoco.org
8/5/2021 9:50:53AM Page 1 of 1