HomeMy WebLinkAboutEncroachment Agreement When recorded return to:
City of Anacortes
P.O.Box 547
Anacortes,WA 98221
ENCROACHMENT AGREEMENT
This Agreement is made and entered into by and between the City of Anacortes, a municipal
corporation, hereinafter referred to as "CITY" and, "SKAGIT COUNTY", hereinafter referred to
as "THE COUNTY."
Whereas, the County intends to place certain improvements in the City right of way consisting of
the entire east half of the right of way north of 5th Street on K Avenue, and this encroachment
will consist of a biofiltration swale for treatment of storm water for the Guemes Ferry Anacortes
parking lot and for future adjacent property development.
Whereas, the City is agreeable to allowing said encroachment on certain terms and conditions;
Now, therefore,parties hereby agree as follows:
1. The County agrees to construct said biofiltration swale in accordance with City of
Anacortes Code requirements and remove said encroachment within a reasonable time
upon request by the City of Anacortes or a duly franchised public utility and further
understands and agrees that all costs incurred in removing said improvements shall be at
the County's sole expense.
2. The County shall insure that a 5-foot pathway is constructed and installed adjacent and to
the west of the biofiltration swale. Said pathway construction will be a"no frill"
installation, that will cover clearing and grubbing, grading and seeding (with the same
mix as biofiltration swale).
3. The County shall be solely responsible for maintenance of the encroached area including
but not limited to the biofiltration swale and pathway, to a level approved by the City of
Anacortes Public Works Department.
4. Final design for proposed work within the encroachment area shall be approved by the
City of Anacortes City Engineer and Director of Parks and Recreation.
5. The County agrees to indemnify and hold the City harmless from any claims for damages
resulting from the construction, maintenance or existence of those improvements
encroaching into said right-of-way. Construction of said biofiltration swale and pathway
within the right-of-way shall be completed by Skagit County Public Works Department.
All work shall comply with applicable standards and be approved by the City of
Anacortes Public Works Department.
6. No grading or re-contouring shall result in an increase in surface water drainage to
neighboring property.
Dated this day of , 2000.
OWNER: By:
OWNER: By:
APPROVED BY:
H. Dean Maxwell, Mayor
IN WITNESS WHEREOF,the parties have executed this Agreement this
day of 2000.
BOARD OF COUNTY COMMISSIONERS
SKAGIT COUNTY,WASHINGTON
HARVEY WOLDEN, Chair
ROBERT HART, Commissioner
TED W. ANDERSON, Commissioner
Approved as to Content:
Chal A. Martin, P.E.
Director/County Engineer
Approved as to Indemnification:
Vincent Clay
Risk Manager
Approved as to Form:
Hilary A. Thomas
Civil Deputy
ATTEST:
Patti J. Chambers
Clerk of the Board