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HomeMy WebLinkAbout001219 Original Contract City of Port Angeles Record #001219 2017-1349830 Page I of 3 Agreement Port Angeles City Of Ciallam County Washington 05122120tt7 O9 SS 58 PM mill W11rdaAr"Fori Or 14K Yll!"MI 01 F 111 RETURN A DDRESS CAC of"PortAngeles Deparonont of*Public Works and Utilities 321 E 511 Street, Port Angeles,WA 983(,'w2 AGREEMENT TO REMOVE ENCROACHMENT within PUBLIC RIGHT-OF-WAY WHEREAS: 1, Mitch Culver and Pauline Moore-Culver Culver Family ' rust the undersigned owner in fee simple of the following described property: Lot I, Block 96, Townsite of Port Angeles, as per Plat thereof recorded in Volume I of Plats,page 27, Records of Clallarn County, State of Washington. Subject to: Easement and the terms and conditions thereof under Clallam County recording number 396192, do hereby acknowledge that private improvements have been or will be constructed by me within the adjoining public street or roadway described as 5'b/6"1 alley way within Blocks 95 and 96 and South Cedar Street. Property more commonly identified as 508 South Cedar Street,Port Angeles, Washington. Tax parcel number: 0630000096000000 NOW,THEREFORE: I agree that said encroaching private improvements including,but not limited to,a private pressurized wastewater line, and associated appurtenances shall be expeditiously demolished,removed, modified, rebuilt or restored at my expense within sixty(60) days of receipt of written notice from the Director of Public Works and Utilities Department (Director)with work to be done in accordance with the requirements and conditions deemed necessary by the Director or his designee at such time as the City finds that it is necessary to modify the right-of-way. 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 attorney's fees shall become a civil debt of the property owner and shall be a lien against the property. We do also hereby agree that the Director 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 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 darnage 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 above. 2 t Mitch Culver,Trustee Date Pauline Moore Culver, Trustec Date s'TATE OF WASHINGTON )ss. COLJNTfir'OF CLALLAM On this date,before me the undersigned Notary Public in and for the State of Washington, personally appeared n 11 C\A�V C& ,to me known to be the individual who executed the foregoing Agreement to Remove Encroaclunent within Public Right-of-Way and acknowledged to me that they signed the same for the uses and Contents therein mentioned. DA'rED this day ofPs'� 2017 , N70TABEULAH DAMS UL 0 NOTARY PUBLIC for Washington, RY PUBLIC T F S ST 0 TATE OF WASHINGTON residing at ra t w C COMMJ� OMMISSION EXPIRES My commission expires: 49,:�,>- DECEMBER 10,2020 NAM KSTNGINEERMistewiter Corr espondencOWastewatet ProjerC008 S CedarSt\Agrm-mens to remove enmachment 508 S Cedur st'docx 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 above. Trustee 77M Ti Date Pauline Moore Culver, 'Trustee 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 ?P)`,kV\ 4,3 "� -'Z"A\—'V Z: 0- ,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 [ EUILAH P ADAMS OT' NOTARY PUBLIC for Washington, AIRY PUBLIC I STATE OF WASHINGTON residing at 1?�'A�-\ Po:� G -L- C I ISSION EXPIRES OMM My commission expires: _L2�.�to- DECEMBER 10,2020 M N:\PWKS\ENG1NEER1,Wastewater CorrespondenceMastewater Projects"508 S Cedar Si\Agreernent to re hove encroachment 508 S Cedar StAoc-x