HomeMy WebLinkAboutDOC-2009-Agreement Chandler Square-COA - I CL?
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200910050071
Skagit County Auditor
10/5/2009 Page 1 of 311:07AM
When
recorded return to:
City of Anacortes
P.O. Box 547 Chicago Title Company has placed
this document for recording as a
Anacortes, WA 98221 customer courtesy andacceptsno `� )
liability for its accuracy or validity I
This Agreement is made and entered into by and between the City of Anacortes, a
municipal corporation and Anacortes Senior Housing Authority, LLC and Security
Investors, Incorporated dba Chandlers Square, hereinafter referred to as "OWNER(S)".
Whereas, OWNER(S), Anacortes Senior Housing Authority, LLC and Security Investors,
Incorporated dba Chandlers Square, the owner of the following described real estate
located within the City of Anacortes, Skagit County, Washington, also known as 1300 O
Avenue, Anacortes, WA.
Lots 1 through 18 of Block 56 of the plat of "Map of the City of Anacortes "Skagit
County Washington, as per plat recorded in Volume 2 of plats Page 4, records of
Skagit County, Washington.
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whereas the owners have requested to encroach into the below described public right
articular)
of way for the purpose of constructing improvements more particularly described as
follows:
To encroach and construct storm water quality features, landscaping
improvements, and fire access lane improvements in conjunction with building
improvements on adjacent property, on the following described property: The west
110 feet of the east 188 feet of that particular alley located in Block 56 of the plat of
"Map of the City of Anacortes" Skagit County, Washington. Said alley runs parallel
to 12th Street and extends from "O" Avenue to "N" Avenue.
Now, therefore, parties Y 9 arties hereby agree as follows:
Whereas, the City is agreeable to allowing said encroachment on certain terms and
standard and special conditions:
Standard Conditions
1. The enclosed agreement must be signed and notarized by each property
owner(s) and returned to Cherri Kahns, Executive Secretary.
2. The Owner(s) agree to comply with all applicable ordinances, laws and codes in
constructing the encroachment and further agree to remove the said
encroachment within a reasonable time upon request by the City of Anacortes or j
a duly franchised public utility. The Owner(s) understand and agree that all costs
incurred in removing said improvements shall be at the Owner's sole expense.
3. The Owner(s) agree to indemnify and hold the City harmless from any claims for
damages resulting from construction, maintenance or existence of those
improvements encroaching into said right-of-way.
4. The Owner(s) shall not obstruct water meters or other public or private facilities
except as approved in this agreement.
5. The Owner(s) shall ensure that any public or private utilities are not impacted or
damaged by construction or use. In addition the existing sanitary sewer line in
said alley shall be protected and reinforced to the standards required by
Anacortes Public Works.
6. The Owner(s) shall leave a minimum of 48 inches of clearance between the curb
or edge of street and any above grade construction.
7. The construction and use shall not create clear view obstructions at intersections
or private property access.
8. Landscaping may not exceed 7 feet in height. If the applicant/property owners
fail to maintain the landscaping to seven feet or less, the city is authorized to
remove the landscaping at the applicant/property owner's expense.
Special Conditions
9. The owners agree to construct and maintain a fire lane and emergency vehicle
access together with improve s required by the Anacortes Fire
Department in the east 130 fe of said all
DATED this 2�day of
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OWNER:
OWNER: By:
APPROVED
H. Dean Maxwell, Mayor
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200910050071 k
Skagit County Auditor
1 0/512 0 0 9 Page 2 of 311:07AM
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STATE OF Washington }
County of Skagit SS:
I certify that I know or have satisfactory evidence that Lanney Wixson
signed this instrument,on oath stated that He is
authorized to execute the instrument and acknowledged it as the Manager
of Anacortes Senior Housing and Security Investor's Inc. to be the free and voluntary act of such
party for the uses and purposes mentioned in this instrument.
Dated: September 24,2009
isa J. e
otary ubii in and for the State of Washington
5P J CURE Res ngat Bow
v `SS\ON Ekp My appointment expires: July 16,2010
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200910050071
Skagit C g ount y Auditor
10/6/2009 Page 3 of 311:07AM