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HomeMy WebLinkAbout000193 Original ContractRETURN ADDRESS City of Port Angeles Department of Public Works and Utilities PO Box 1150 Port Angeles, WA 98362 2011 1269219 Agreement Page 1 of 2 t Of Cla11amnCountyCWashington 08/18/2011 03 07 38 PM Port geles ■III t��'i ��fr�`�:� it �l ��RN��t I�iE AI 11111 Rv 20 R UP d l AGREEMENT TO REMOVE ENCROACHMENT within PUBLIC RIGHT -OF -WAY WHEREAS: We. Janet K Dve and Glen A Kilpatrick the undersigned owners in fee simple of the following described property: 324 t/2 Forest Ave. Lot 6, Block 33, Fogarty and Dolan's Addition Parcel Number: 0630095233280000 do hereby acknowledge that private improvements have been or will be constructed by us within the adjoining public street or roadway described as the south side of Forest Avenue adioining the above described property. NOW, THEREFORE: We do hereby agree that said encroaching private improvements including, but not limited to, fencing. landscaping. cement concrete pavement. drainage structures. gravel paving. rock retaining wall. 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. City of Port Angeles Record #000193 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 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. Oghg PLIerty Owner "k-V kq Property Owner STATE OF WASHINGTON COUNTY OF CLALLAM Date Date s On this date, before me the undersigned Notary Public in and for the State of Washington, personally appeared \T.i r r G ti b L I r v C' 1 C 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 S day of p MAN i \4 OTAg y 's G EXP 05/21/2014 tP O AVBL� F 'i ce ....•‘4C1 /4 QF WAS� ```II .201\ N \PWKS\ENGINEER\ROW Use Permits\324 and half Forest Ave Agreement to remove encroachment wpd NOTARY PUBLIC for Washington, residing at `p zr a L L My commission expires: S t C{