HomeMy WebLinkAboutCOR-2009-Encroachment Agreement - //00000
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ANACORTES PUBLIC WORKS DEPARTMENT
P.O.BOX 547, ANACORTES, WA 98221 PH (360) 293-1919
FRED BUCKENMEYER,P.L.S., DIRECTOR FAX (360) 293-1938
E-MAIL: fredb@cityofanocortes.org
September 23, 2009
Anacortes Senior Housing Authority, LLC
Security Investors, Incorporated dba
Chandlers Square
1300 O Avenue
Anacortes, WA 98221
RE: Encroachment Agreement— 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.
Dear Sirs:
I am pleased to inform you that your Encroachment Request has been approved according to
the following provisions: Standard Conditions and Special Conditions.
Encroachment Description
Whereas the owners have requested to encroach into the below described public right 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.
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 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.NWV Q�woter •Streets•Storm Drainage •Engineering • Solid Waste
•Transportation and Equipment 9 Capital Projects • Development Services
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 improvements as required by the Anacortes Fire Department in the east 130
feet of said alley.
If you have any further questions or concerns regarding this agreement, please do not hesitate
to call me at 293-1921.
Very Truly Yours,
CITY OF ANACORTES
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F
Fred Buckenmeyer
Director of Public Works
When recorded return to:
City of Anacortes
P.O. Box 547
Anacortes, WA 98221
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.
Whereas the owners have requested to encroach into the below described public right
of way for the purpose of constructing improvements more particularly described as
follows:
i
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 hereby agree as follows:
r
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
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 improvements as required by the Anacortes Fire
Department in the east 130 feet of said alley.
DATED this day of , 2009
OWNER: By:
OWNER: By:
OWNER: By:
OWNER: By:
APPROVED By:
H. Dean Maxwell, Mayor
STATE OF WASHINGTON)
) ss
COUNTY OF SKAGIT )
On this day personally appeared before me,
to me known to be the individual
described in and who executed the foregoing agreement and acknowledged that
signed the same as free and voluntary act and deed for the
uses and purposes therein mentioned.
Given under my hand and official seal this day of 12009.
(Signature)
Notary Public in and for the State of
Print Name)
Residing in , Washington.
My commission expires:
STATE OF WASHINGTON)
) ss
COUNTY OF SKAGIT )
On this day personally appeared before me,
, to me known to be the individual
described in and who executed the foregoing agreement and acknowledged that
signed the same as free and voluntary act and deed for the
uses and purposes therein mentioned.
Given under my hand and official seal this day of , 2009.
(Signature)
Notary Public in and for the State of
Print Name)
Residing in , Washington.
My commission expires:
0
STATE OF WASHINGTON)
) ss
COUNTY OF SKAGIT )
On this day personally appeared before me,
to me known to be the individual
described in and who executed the foregoing agreement and acknowledged that
signed the same as free and voluntary act and deed for the
uses and purposes therein mentioned.
Given under my hand and official seal this day of , 2009.
(Signature)
Notary Public in and for the State of
Print Name)
Residing in , Washington.
My commission expires:
STATE OF WASHINGTON)
) ss
COUNTY OF SKAGIT )
On this day personally appeared before me,
, to me known to be the individual
described in and who executed the foregoing agreement and acknowledged that
signed the same as free and voluntary act and deed for the
uses and purposes therein mentioned.
Given under my hand and official seal this day of , 2009.
(Signature)
Notary Public in and for the State of
Print Name)
Residing in , Washington.
My commission expires:
n
Lanney,
An item that has come up is the alley encroachment agreement. The fire department has
concerns and it appears the agreement has not been finaled.
Please contact Cherri Kahns at 299-1950.
Thanks,
Don Measamer
City of Anacortes
Assistant Director, Planning &
Community Development,
Building Official
Don@cityofanacortes.org
Phone 360.293.1901
Fax 360.293.1938
From: Lanney Wixson [mailto:lanney60lncw@yahoo.com]
Sent: Tuesday, September 15, 2009 9:07 AM
To: Measamer, Don
Subject: Re: Chandlers Sq plan review
Don,
Can we permit the excavation, site, utilities, and foundations separately to get started
early before we have to push too much mud?
Lanney
From: "Measamer, Don" <don@cityofanacortes.org>
To: Lanney Wixson <Ianney601ncw@yahoo.com>
Cc: "Lange, Steve" <stevel@cityofanacortes.org>
Sent: Monday, September 14, 2009 9:08:05 AM
Subject: RE: Chandlers Sq plan review
Janney,
We are working on the review and should have comments soon.
Don Measamer
City of Anacortes
Assistant Director, Planning &
Community Development,
Building Official
Don@cityofanacortes.org
Phone 360.293.1901
Fax 360.293.1938
From: Lanney Wixson (mailto:lanney601ncw@yahoo.com]
Sent: Monday, September 14, 2009 7:31 AM
To: Don Measamer
Subject: Chandlers Sq plan review
Don,
We will recieve bids this week and plan to select the contractor on Fri. Due to the time of
year, we need to begin dirt work asap. Please emphasize this portion of the plan review
so it can be completed this week. I would like to permit it separately to begin before we
have to push mud.
Lanney