HomeMy WebLinkAbout5.1002 Original ContractRETURN ADDRESS
City of Port Angeles
PO Box 1150
Port Angeles, WA 98362
2010 1248025
Page 1 of 2 Agreement
Port Angeles City Of
Clallam County Washington 01/29/2010 01 43 03 PM
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AGREEMENT TO REMOVE ENCROACHMENT
within
PUBLIC RIGHT -OF -WAY
WHEREAS: We, Francis Drake and Sylvia Drake, the undersigned owners in fee simple of the
following described property:
Lot A, Block 235, Townsite of Port Angeles per Boundary Line Adjustment Survey recorded in
Volume 64 at Page 47
Parcel Number: 0630000235100000
do hereby acknowledge that private improvements have been and/or will be constructed by us within
the adjoining public street or roadway described as the south half of Seventh Street adioinine the
above described nronertv.
NOW, THEREFORE: We do hereby agree that said encroaching private improvements 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.
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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.
rty O
olrty Owner
STATE OF WASHINGTON
//07
Da(e
Date
ss.
COUNTY OF CLALLAM
On this date, before me the undersigned Notary Public in and for the State of Washington, personally
appeared 1M& 3.5 L S•ii_.V O 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 day of 0 q 1
;til 1111110 1/4/
,20L0
N \PWKS\ENGINEER\ROW Use Permits\2010 Permits\ 1 0-02\Agreement to remove encroachment wpd
NOTARY PUBLIC for Washington,
residing at 'Q 404. 3
My commission expires: .3 4- l7