HomeMy WebLinkAbout000193 Original ContractRETURN ADDRESS
City of Port Angeles
Department of Public Works and Utilities
PO Box 1150
Port Angeles, WA 98362
2011 1269219 Agreement
Page 1 of 2 t Of
Cla11amnCountyCWashington 08/18/2011 03 07 38 PM
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AGREEMENT TO REMOVE ENCROACHMENT
within
PUBLIC RIGHT -OF -WAY
WHEREAS: We. Janet K Dve and Glen A Kilpatrick the undersigned owners in fee simple of
the following described property:
324 t/2 Forest Ave.
Lot 6, Block 33, Fogarty and Dolan's Addition
Parcel Number: 0630095233280000
do hereby acknowledge that private improvements have been or will be constructed by us within
the adjoining public street or roadway described as the south side of Forest Avenue adioining the
above described property.
NOW, THEREFORE: We do hereby agree that said encroaching private improvements
including, but not limited to, fencing. landscaping. cement concrete pavement. drainage
structures. gravel paving. rock retaining wall. 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.
City of Port Angeles
Record #000193
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 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.
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PLIerty Owner
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Property Owner
STATE OF WASHINGTON
COUNTY OF CLALLAM
Date
Date
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On this date, before me the undersigned Notary Public in and for the State of Washington,
personally appeared \T.i r r G ti b L I r v C' 1 C
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 S day of
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