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HomeMy WebLinkAbout001304 Original Contract City of Port Angeles Record #001304 2017-1355299 Page I of 2 Agreement Port Angeles City Of Clallam County Washington 09/26/2017 10:12:29 AM mill NFAT A RIO&FA uparlelal V1 Nyw" 11111 RETURN ADDRESS City of Port Angeles Department of Public Works and Utilities 321 E 5"'St. Port Angeles,WA 98362 AGREEMENT TO REMOVE ENCROACHMENT within PUBLIC RIGHT-OF-WAY WHEREAS: Clallam County Public Hos ital District No. 2, d 21ympic Medical Center a Washington municipal corporation (the "Owner) the undersigned Owner of the following described property: All property combined into one Zoning Lot per Zoning Lot Covenant, dated July 9`h, 2015 and recorded under Auditors file number 2015-1323012,records of Clallam County, Washington, do hereby acknowledge that private improvements have been constructed(Block retaining wall and drainage)by Owner,which is within the adjoining public street or roadway. NOW,THEREFORE: Owner, agrees that said encroaching private improvements including, but not limited to retaining wall, landscaping,drainage structures, and associated appurtenances shall be expeditiously demolished,removed,modified,rebuilt or restored at owner 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 in the PAMC,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. Owner does 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 damage to persons or property as a result of the construction and location of the private improvements as provided herein. It is understood 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. Dated this day ofA'-'V'VSj 12017 Print Name: I L10 U--�...... (Owner Signature) STATE OF WASHINGTON ) ss. COUNTY OF CLALLAM On this date,before me the undrsigned Notary Public in and for the State of Washington, personally appeared C Y-16. Te"I V e f.1, 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 .2017 . AA,Astia E� TARYM UBLIC for ashinyon, residing at AL 11 NoUry Pvbk My commission expires: 2 State Of W"kno" MARISA R BLECK MY APPOWW"t ExPIM Avg 19,2017 RV NVWKS\ENGfNEER\Dcvc1opmcnt Services\OMC Medical Office Building 2015\907 Cycorgiana St OMC Agreement to remove encroachment version 2.docx