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HomeMy WebLinkAbout000136 Original ContractRETURN ADDRESS City of Port Angeles Public Works and Utilities PO Box 1150 Port Angeles, WA 98362 2011 1266339 Page 1 of 2 Agreement Port Angeles Ctty Of Clallam County Washington 05 /24/2011 01 44 22 PM 1111 IA IrlrlinliFililiiMptia Wirliirf.lrillriTIllii 11111 AGREEMENT TO REMOVE ENCROACHMENT within PUBLIC RIGHT -OF -WAY ei et- 0.2.- tFer„..., i t- ll to WHEREAS: The Port of Port Angeles, the undersigned owners in fee simple of the following described property: A Portion of Lots 4, 5, 6, 7, 8, 9, and 10, Block 35, and Portions of vacated Pine and First Streets adjoining said Block, Townsite of Port Angeles, Clallam County, Washington, commonly identified as Parcel Numbers: 063000003542, 063000003533, 063000003527, 063000003518, and 063000003512, do hereby acknowledge that private improvements have been or will be constructed by us within the adjoining public street or roadway described as Marine Drive adioinine the above described ropertv. NOW, THEREFORE: We do hereby agree that said encroaching private improvements including, but not limited to, fencing, landscaping, 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. City of Port Angeles Record #000136 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. Authorized pr entative Title: Ex 5c ive Director STATE OF WASHINGTON ss. COUNTY OF CLALLAM Jb1- J 241 Date On this date, before me the undersigned Notary Public in and for the State of Washington, personally appeared 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 2- of V/ .20 /1 y P 1 A TE /C i CO O T A; ok y Exp. 06/01/2012 N 2 1 3'E WAS NGRY PU for Washington, residing at P" ®t- 9 My commission expires: eJ/o/