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When recorded return to: <br /> City of Anacortes <br /> P.O.Box 547 <br /> Anacortes,WA 98221 <br /> ENCROACHMENT AGREEMENT <br /> This Agreement is made and entered into by and between the City of Anacortes, a municipal <br /> corporation, hereinafter referred to as "CITY" and, "SKAGIT COUNTY", hereinafter referred to <br /> as "THE COUNTY." <br /> Whereas, the County intends to place certain improvements in the City right of way consisting of <br /> the entire east half of the right of way north of 5th Street on K Avenue, and this encroachment <br /> will consist of a biofiltration swale for treatment of storm water for the Guemes Ferry Anacortes <br /> parking lot and for future adjacent property development. <br /> Whereas, the City is agreeable to allowing said encroachment on certain terms and conditions; <br /> Now, therefore,parties hereby agree as follows: <br /> 1. The County agrees to construct said biofiltration swale in accordance with City of <br /> Anacortes Code requirements and remove said encroachment within a reasonable time <br /> upon request by the City of Anacortes or a duly franchised public utility and further <br /> understands and agrees that all costs incurred in removing said improvements shall be at <br /> the County's sole expense. <br /> 2. The County shall insure that a 5-foot pathway is constructed and installed adjacent and to <br /> the west of the biofiltration swale. Said pathway construction will be a"no frill" <br /> installation, that will cover clearing and grubbing, grading and seeding (with the same <br /> mix as biofiltration swale). <br /> 3. The County shall be solely responsible for maintenance of the encroached area including <br /> but not limited to the biofiltration swale and pathway, to a level approved by the City of <br /> Anacortes Public Works Department. <br />