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HomeMy WebLinkAbout001017 Original Contract2015 - 1324186 Page 1 of 2 Agreement Port Angeles City Of Clallam County Washington 08/10/2015 09:23,08 AM 111114,��'�il ��lf�s I �� iL A&' ,10i CM40,0ki,11111 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: r s EXP.06/0112016 .. r .® �. ®` OP iWASN`,`��� N: \PWKS\ ENGINEER \Wastewater Correspondence \POPA Marine Drive Pressure Sewer \Agreement to remove encroachment Port of PA Marine Dr.docx