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HomeMy WebLinkAboutDOC-2006-Encroachment Agreement - II 2006051 0 09 CHICAGO TITLE IQB2859 Skagit County Auditor ACCOMODATION RECORDING 5/17/2006 Page 1 of 2 3:15PM Chicago Title Company has placed this document for recording as a customer courtesy and accepts no liability for its accuracy or validity. When recorded return to: City of Anacortes P.O. Box 547 Anacortes, WA 98221 R57202, R57205, R57206, R60433, R58102, R58103 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 Anacortes Housing j Authority, hereinafter referred to as "OWNER". Whereas, OWNER, Anacortes Housing Authority, the owner of the following described real estate�located within the City of Anacortes, Skagit County, Washington, also known as 902 22 Street and 904 23 Street. Lots 1 through 6 and lots 13 through 18 of block 6 of 1st addition to Anacortes According to the plat recorded in volume 2 of plats Page 24 records of Skagit County. Lots 2 through 7 of block 6 Stewart's first addition according to the plat recorded In volume 2 of plats page 14 records of Skagit County WA Lots 24 and 25 of Nelsons first addition to Anacortes. According to the plat recorded in Volume 2 of plats, page 102. Records of Skagit County. Whereas, the Owners has placed certain improvements in the right of way adjacent to said property consisting of: To encroach 15 feet by 15 feet into the city right of way on the Q Avenue side of the property to erect a school bus passenger waiting shelter and concrete slab. Now, therefore, parties hereby agree as follows: Whereas, the City is agreeable to allowing said encroachment on certain terms and standard conditions: Standard Conditions i 1. The enclosed agreement must be signed and notarized by each property owner(s) and returned to Chem 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. 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 clearview obstructions at intersections or private property access. Special Conditions None Dated this day of 2006. OWNER: By: � � � Theresa McClallum APPROVED By: H. Dean Maxw , Mayor STATE OF WASHINGTON) ss COUNTY OF SKAGIT ) On this day personally appeared before me, Theresa McClallum, to me known to be the individual described in and who executed the foregoing agreement and acknowledged that she signed the same as her free and voluntary act and deed for the uses and purposes therein mentioned. —t- Given under my hand and official seal this /,2—� day of Mcf )l 2006. y.. .. 9q''�, -- X,r e h Z k nor�.- (Si na re (Print Name) .��aO�ARY �� Notary blic in and for the State of ' Residing in®•�' g Ana comes , Was ington. PugL�� i�Q s My commission expires: 7 OF W!"S� ��`""""� I�INIIIIIIINNIIIIIIINIII�IINlllihill�lllill�Uil�lllllu� 200605170 09 Skagit county Auditor 2 of 2 3:15PM 6/17/2006 Page