HomeMy WebLinkAbout000136 Original ContractRETURN ADDRESS
City of Port Angeles
Public Works and Utilities
PO Box 1150
Port Angeles, WA 98362
2011 1266339
Page 1 of 2 Agreement
Port Angeles Ctty Of
Clallam County Washington 05 /24/2011 01 44 22 PM
1111 IA IrlrlinliFililiiMptia Wirliirf.lrillriTIllii 11111
AGREEMENT TO REMOVE ENCROACHMENT
within
PUBLIC RIGHT -OF -WAY
ei et- 0.2.- tFer„..., i t- ll to
WHEREAS: The Port of Port Angeles, the undersigned owners in fee simple of the following
described property:
A Portion of Lots 4, 5, 6, 7, 8, 9, and 10, Block 35, and Portions of vacated Pine and First Streets
adjoining said Block, Townsite of Port Angeles, Clallam County, Washington, commonly
identified as Parcel Numbers: 063000003542, 063000003533, 063000003527, 063000003518,
and 063000003512,
do hereby acknowledge that private improvements have been or will be constructed by us within
the adjoining public street or roadway described as Marine Drive adioinine the above described
ropertv.
NOW, THEREFORE: We do hereby agree that said encroaching private improvements
including, but not limited to, fencing, landscaping, 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.
City of Port Angeles
Record #000136
The property owners agree 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
owners, their heirs, devisees, successors and assigns and all owners now or hereafter of the land
described above.
Authorized pr entative
Title: Ex 5c ive Director
STATE OF WASHINGTON
ss.
COUNTY OF CLALLAM
Jb1- J 241
Date
On this date, before me the undersigned Notary Public in and for the State of Washington,
personally appeared to me known to be the individuals 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
2- of V/ .20 /1
y P 1 A
TE /C i
CO O T A; ok
y
Exp. 06/01/2012
N 2
1 3'E WAS
NGRY PU for Washington,
residing at P" ®t- 9
My commission expires: eJ/o/