HomeMy WebLinkAbout001017 Original Contract2015 - 1324186
Page 1 of 2 Agreement
Port Angeles City Of
Clallam County Washington 08/10/2015 09:23,08 AM
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City of Port Angeles
Record # 001017
RE'rURN ADDRESS
City of Port Angeles
Department of Public Works and Utilities
PO Box 1150
Port Angeles, WA 93362
AGREEMENT TO REMOVE ENCROACHMENT
within
PUBLIC RIGHT-OF-WAY
WHEREAS: I, fort of Port An eles, the undersigned owner in fee simple of the following
described property:
Those portions of Lots identified as A through D per the plat of the James Sampson Donation Land
Claim, recorded in Volume 2 of Plats at Page 61, records of Clallam County, Washington, lying
north of the north margin of Marine Drive. Property more commonly identified as 1301 Marine
Drive, Port Angeles, Washington.
do hereby acknowledge that private improvements have been or will be constructed by me within
the adjoining public street or roadway described as Marine Drive adjoining the above described
r w rtv, tax parcel number 063000190900')0~
NOW, THEREFORE: We do hereby agree that said encroaching private improvements
including, but not limited to, wastewater pressure mains, and associated appurtenances shall be
expeditiously demolished, removed, modified, rebuilt or restored at the undersigned owner's
expense within sixty (60) days of receipt of written notice from the City Engineer with work to be
done in accordance with the requirements and conditions deemed necessary by the City Engineer
or his designee at such time as the City finds that it is necessary to modify the use thereof.
If the required work is not done in a timely fashion and /or if the work does not meet the
requirements and conditions set forth, the City is authorized to have the work done and the cost
thereof including reasonable overhead and attorneys fees shall become a civil debt of the property
owners and shall be a lien against the property.
We do also hereby agree that the City Engineer may, without notice, remove the private
improvements as necessary to repair utilities or other public facilities and that the City has no
obligation to reconstruct or replace such private improvements. The City Engineer will take all
reasonable measures to avoid interference with the private wastewater facilities owned by the Port
of Port Angeles.
The property owner agrees to indemnify, hold harmless and defend the City, its employees, agents
and assigns from and against all claims or lawsuits as alleging injury or damage to persons or
property as a result of the construction and location of the private improvements as provided
herein.
It is agreed that this agreement shall run with the land and shall be binding on the undersigned
owner, his heirs, devisees, successors and assigns and all owners now or hereafter of the land
described ab6Ne. — ✓
Date
STATE OF WASHINGTON )
) ss.
COUNTY OF CLALLAM )
On this date, before me the undersigned Notary Public in and for the State of Washington,
personally appeared to me known to be the individual
who executed the foregoing Agreement to Remove Encroachment within Public Right -of -Way
and acknowledged to me that they signed the same for the uses and contents therein mentioned.
DATED this day of
jE®s�o ARY PUBLIC for Washington,
residing at e ..
CO #OTAR),, " My commission expires:
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EXP.06/0112016 ..
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N: \PWKS\ ENGINEER \Wastewater Correspondence \POPA Marine Drive Pressure Sewer \Agreement to remove encroachment
Port of PA Marine Dr.docx