The URL can be used to link to this page

114 2ND AVE S.PDFiiiiiiiiiiii 4821 1142NDAVE S ryry}Ii' PERMIT t USE NUMBER ZONE S Y OF EDMONDPLICATION JOB . CONSTRUCTION PERMIT AP ADDRESS , l(0 LID NO. 1A, Bwae N CHECK SUBDIVISION NO OWNER NAME%NAME OF BUSINESS � (mot-tUN LEGAL DESCRIPTIO M O �'�,ANS�n1 Wlt.� TESCP w MAILING ADDRESS PUBLIC RIGHT OF WAY PER OFFICIAL STREET MAP. APPROVED BY z ` REQUIRED DEDICATION {1 �/� S. TELEPHONE NUMBER EXISTING �O CITY PROPOSED- �—_ Q WA 1-I8- 3 g9W RIGHT OF WAY CONSTRUCTION PERMIT REQUIRED . D.' STREET USE PERMIT REQUIRED EVIEW w NAME MAY `T' SEE ENGINEERING MEMO DATED I w ADDRESS , 11 IV �'�.,, vt✓ TELEPHONE NUMBER REMARKS G cc CITY NAME Y SIZE � Vic, ��, FIXTURE UNITSCr f,A MET IZE� BUILDING ;PLY SIZE w Z ADDRESS U� N r TELEPHONE NUMBER -/ REMARKSr R cc CITY j- f ADB NO. t if"L_>✓ ENV. REVIEW (GO, j Z O SIGN AREA U STATE LICENSE NUMBER ALLOWED PROPOSED COMPLETE EXEMP SHORELINE✓t * mc,151:-IC"71 (fi n include all easements Legal Description of Prop y -. I`\ DAT (show below or attach two copies) ' PLANNING REV�Y ^ j] z0 1 VARIANCE OR CU �VV/3(4J, a , ^�� 7 EIGHT LOT COVER zq 2 !/+`/r) �/ ....�•„ 6 T(t/ SETBACKS — FEET .- w h-/may SIDE REAR I& 1 ` r� ( z �f FRONT �y !. REMARKS �'�j �D (�� \I%i121 �� WA PLUMBING G 2 NEW RESIDENTIAL MECHANICAL AODIALTER COMMERCIAL ^JJ HEIGHT CHECKED BY CODE My, TYPE OF CON RUCTION ❑APT. BLDG. SIGN `,.>'�—[fir /1,f' LsJ ❑ FENCE x--� OCCUPANT EXCAVATE AREA OCCUP DEMOLISH SWIM LOAD NCY C� OR FILL SPECIAL INSPECTOR OU g+l CARPORT POOL REQUIRED L: NO GARAGE ❑YES z REMODEL REMARKS RETAINING WALL/ ❑ RENEWAL WOOD STovI=I ROCKERY PROGRESS INSPECTIONS PER UBC 30 m INSERT 2 NUMBER OF w NUMBER OF STORIES DWELLING S O pj UNITS I TO NATURE OF /WORK BE GONE (ATTACH PLOT PLAN) O f-6 C,& 6 VALUATION FEE w A PLAN CHECK FEE BUILDING SO 7 1 �a PLUMBING L7 a MECHANICAL This Permit covers work to be done on private property ONLY. GRADINGIFILL will require separate permission. STATE SURCHARGE Any construction on etc.) Put domain (curbs, sidewel s, driveways, marquees, ENERGY CODE Permit Application:180 Days Permit Limit: 1 Year • Provided WQIK is Started Within 180 Days Applicant, on behalf of his or her spouse, heirs, assigns and agrees to indemnify, defend and hold successors in interest, 9 its officials, of Edmonds, Washington, claiims for damages of ,,I�ss the GitY. , 'Edmonds, ?r;, ., ! - � r "i �� r=;PLEA3E�CAlI �° ; ;�,TELEPFIONED �AILEDkT01SEE YOUR ? "� ,1MIL'L�CALL AGAIN F `4s LUN0 Y p, •1 R.^,aR ,.•� Fks M E M O R A N D U M July 3, 1990 TO: Dick Mumma, Building Official FROM: Gordie Hyde, Engineering Coordinator SUBJECT: Hansen Partnership, 114 Second Avenue South I have inspected all improvements required as a condition of this development. At this time I feel that a temporary occupancy permit may be issued conditioned on the following items: 1. Completion of a 1" overlay of the alley west of the building. 2. Determination by the City Engineer whether curb cut replacement on Second Avenue South will be required. These two items should be taken care of early next week. I will notify you of final approval at that time. Thank you. September 26, 1989 TO: Permit Coordinator, Building Divisio n FROM: Dan Smith, Engineering Inspector ADDRESS //� 2" W OWNER 74Se, Fd4V .Fiv PLAN CHECK # After review of the subject building permit application, we have the following comments: 1. Construction hours are: WEEKDAYS ........... 7:00 a.m. to 10:00 p.m. WEEKENDS/HOLIDAYS..10:00 a.m. to 6:00 p.m. 2. A Right -of -Way Construction Permit is required for any work on City aCoperty. 3. Connection to City water system required. Fees paid. 4. Connection to City sanitary sewer system required; obtain separate permit. Fees paid. 5. Water and sewer lines to be separated by 10 foot minimum. 6. Driveway must be paved a minimum of 20 feet back from City right-of-way; separate permit required. 7. Driveway slope not to exceed 14%. 8. Back water valve required if downstairs plumbing is below elevation of upstream manhole. 9. Builder/Owner responsible for containing all temporary runoff and erosion control on site. Construction may not impact neighboring properties in any way. 10. No burning of construction refuse without approval from Fire Dept. 11. Street to be kept clean of debris, dirt, mud, and construction materials. Contractor responsible for dust control. 12. Inspection required on drainage system, catch basin installation, driveways, and sidewalks. A final engineering inspection is required prior to the building division granting occupancy. 13. Repair or replace all defective existing curb, gutter, and sidewalk. If intersection is involved, installation of wheelchair access may be required. BLGPER/TXTFORMS i 0 HARVEY R. DODD & ASSOCIATES, Inc. CONSULTING ENGINEERS 820 MINOR AVENUE NORTH SUITE 200 SEATTLE, WASHINGTON 98109-4420 SEATTLE: (206) 682-1500 FAX: (206) 682-2623 NATIONWIDE (TOLL -FREE): (800) 621-7300 August 28, 1989 Mr: Bob Alberts CITY.OF EDMONDS Building Division 250 - 5th Avenue Edmonds, Washington 98020 ,, ,"' r" r'Z t?.� P.. 9. 1 1df A U G 3 0 1989 EN INEERING Subject: A New Commercial/Residential Building for The Hansen Partnership 140 South 2nd.Street. Edmonds, Washington Dear Mr. Alberts: PRESIDENT: BRIAN J. DODD, P.E. PRINCIPAL: . THOMAS E. HAMMOND, P.E. ASSOCIATES: JOSEPH M. BOZICK, P.E. E. FRANK HOFMEISTER, P.E. ARNOLD L. LORVICK, P.E. JAMES R. PERRAULT,, P.E. In accordance with your request, we are providing this letter to indicate that we.have been retained by the Hansen Partnership to provide periodic monitoring of the adjacent buildings along .the northerly and southerly sides of the new building as recommended in the geotechnical engineering report prepared by Rittenhouse Zeman & Associates, dated April 1989.. The periodic monitoring will begin prior to any excavation work on the site and will consist of the photographic documentation of the foundation and exterior walls of the Harrison Building to the north and the Alaska N.W. Travel, Inc.. Building located -along the southerly side of the new building. The monitoring.. will also consist of periodic field surveys to monitor horizontal and lateral movement of the buildings until the construction of the .project is completed to the extent that all of the backfill is placed. Copies of our surveys will be provided to the City of Edmonds as the project progresses. Please call if you have any questions or require additional information. Very truly yours, HARVEY R. DODD & ASSOCIATES, INC. By: James R. Perrault, P.E. Associate JRP:mp cc: Mr. Ron Hansen Mr. Ken McBride, McBride Raftery Construction Mr. Paul Nelson, McBride Raftery Construction Mr. John Zipper., Rittenhouse Zeman & Associates E 12 COMPUTATION SHEET HARVEY R. DODD & ASSOC., Inc. CONSULTING ENGINEERS 820 MINOR AVENUE NORTH SUITE 200 SEATTLE, WASHINGTON 98109-4420 (206) 682-1500 FAX a (206) 682-2623 JOB NO. g7lial 60 DATE 5-46 SHEET _ I OF JOB NAME L1/�/I l5i - rYYl 7 nf5e_ 2! erg COMP. BY c)rDDP CHK. BY CONTENTS �?��r��rtj �t t q- ---- -_ I C I I --f SUN ------ --------_. 1 �3 � - ! —� --- -_-- ---- -- ---I-- �o�s� off. r . _. - -- ---- - - PERMIT COUNTER El 1--...---�-- (� -- - � __ �-_._ � It .-_Clz, - --lll_- --�-- ------- - `- --! _-- - - - --- �---�-- `---- - ----ram - ►- '� '► +� .5 BIZ 4 5 +3 !IZCl - I I ► , - - 174-- s I 2� -1- -L_- n LJ COMPUTATION SHEET l HARM R. DODD & ASSOC., Inc. i34CONSULTING ENGINEERS 820 MINOR AVENUE NORTH SUITE 200 SEATTLE, WASHINGTON 98109.4420 r(2.6) 682-1500 FAX # (206) 682-2623 Ll S C C G I JOB NO. 972,63• DATE 5 -30�3cf SHEET z LOF F JOB NAME _Ale /) /r%4 'f7'/^ COMP. BY ��-r� CHK. BY CONTENTS I✓ iJ/v53 �L�2 �- �� r- I �.,�,�r � 1 �z ak -last as 7 4 I i COMPUTATION SHEET HARVEY R. DODD & ASSOC., Inc. CONSULTING ENGINEERS 820 MINOR AVENUE NORTH SUITE 200 SEATTLE. WASHINGTON 98109-4420 (206)682-1500 FAX # (206) 682-2623 JOB NO. 2�rDATE / /"f / SHEET _tLL OF — JOB NAME 672-* 5'Bvt A42ev-,r �� j, 0 A�4/47 %%%a sQ_ fjol COMP. BY '06put GIC CHK. BY , e •• WAS CONTENTS -D�ko" tlsyYe /�hd�i �t P m �r'��.��y�'1; I C:. �/_�Le �se . I �UGf/�'li 3 fi'{'��.Q17-� C1 %'•� <s�J _L-�—' /y E''— .L _j .— � I i { i ' �. I 9382�p . i � � •.FQ/STEP;;.• o ' ••......._ -1— — I _ k � I .41 r , _�_ I 4 I ' / i � � - i Xc ! I �._ L._LCF=��3� JI • I ' - : I f I , Nov- FIL , GIVE - EN RING—i CITY OF EDMON DS LARRY S. NAUGHTEN 250 - 5TH AVE. N. • EDMONDS, WA 98020 • (206) 771.3202 MAYOR COMMUNITY SERVICES: PETER E. HAHN Public Works • Planning • Parks and Recreation • Engineering DIRECTOR 89p.194 December 22, 1989 Western Surveyors, Inc. 13322 Highway 99 South Everett, Washington 98204 Subject: Building Monitoring/Hansen Partnership Dear Mr. Sherrow: I have enclosed a copy of the Right -of -Way Construction permit for this subject property. You will notice that monitoring is one the conditions of the permit, until the walls have been backfilled. Hopefully this answers all your questions about the monitoring requirements. Very '14 yours, V Jerry W. Hauth, P.E. Hydraulics Engineer Enclosure JH/lfc Albetts WSI/TXTLC610 S- • Incorporated August 11, 1890 • Sister Cities International — Hekinan, Japan .) tt, V1 �I I i y.__ i .,,�i'.t �%q�'lt r. 1 ).�•` �.r r.> .. I J� pp t MIR; Elm i All it .l' Y OF EDMONDS ' 3 "�" t ' y ` <• : ti Permit No MUNITY SERVI�ES'DEPARTMENT it 4 't), • ' � ) F .w;'r' !4 C� r� °' HT-OF-WAY•CONSTRUCTION PERMIT ! h; Issue Date S®®A VA V r tl I -..". .- .. ,, . -. °I t -. ",.�`rf rn1#]'r��'��r:�i!.J�i jiln��t°_ `.. +, \• / t ` ®Owner .�NI Q _ r�f9�f B .• Contractor•lr�r/%% k r i t P ', r 5'� i l l Name ilrf N/'fNc7 it, s'ZL N%c�iS 00.1. Mailing Address �L��agf�rT Mailing Address.;. C !� rSil PIS, r i7S 5rT �P: t*Y §t �L1� /.✓ �� 5 r , } City �) ti State Ztp } 1+,asgC��,� ti �rz City 1 State Zip f iv a State iLtcetise Number t r� � < Telephone'., umber, OR ♦ ey, C. ` ® Address , or Vtci.itty of ,Construction: �/ `f ` T / 6 �✓y� y S Type of. Work to be Done: il*?4 so 4W r it r 6 D ~e Wock in Connection With: El Sub or Plat t'1 Si'livKFamily ❑ City•,Projects . - gCommetcial ❑ ;Multifamily , , ❑Utility, r �"i✓ E ® Pavement Cut: KiY' ❑ N : F • Stze of Cut d pryyr ' R "APPLICANT TO READ'AND SIGN a MkyVIA N13 r INDEMNITY -Applicant understands and by his ;signtu are to this+ application, agrees to, hold the City of Edmonds charmless' from any. injuries; -,damages, or claims of. any kind or description,whatsoever, forseen or'.unforseen, that may be: made 'against the.City of -Edmonds, or any of its departments;or1&fiployees, tncltiding or not limited to theAefense of any legal proceedings including defense costs; 'court costs, and attocn yfees by reason of granting this permit. D y a f i i�t•-..•' nl it :, �„�'1•'�'�O�J �� '�„�1• L s•. :i t .: rTHE CON TRACT 'T IS` RESPONSIBLE `FOR,.WORKMANSHIP ,AND" MATERIALS FOR A' PERIOD OF ONE FOLLOWING THE FINAL INSPECTION AND'ACCEPTANCE OETHE WORK. , jg; eye{( d..� 1 (� -• � a �• : e-?< 1- - t• ... A 7' •tF C ' 4 t t" �: R rnEstimatWI ed restoration fees w}ill:be held'until the final street patch is completedb� Cztyiforceszat which ume a debu or credit will be 8 re_ processed jf{or issuance to the;applicant. ,.-.' '�t 4€t'.Y{,h ',' `� � �' `.� -q F +;.�co7:"T .; � t. �� _ c,r'- _ l' F• 7 '.�'''yy' si'aai `. � f,w�?r�< >> . ,®A 24 hour notice is, requiied for inspection, Please call Engine eribEN 7-3202:" tJ • Workfis to:be inspected during progress and.'at completiori.� P Y• ' ':; �t , r , ® ResioraUon to be tin' accordance with City Code r t ti Street`�to� be ke glean at all times.. p t W a Traf Cc Control tb, be in .accordance with :City regulations + , 'i®`All str`e t'cut duch'essmust be patched, with asphalt otCtty.appro a 'kmaterial pnor to -end o working dad`,: ' r f' d P r' fi` nt'• tt t7t it + 4 ,rk1 r) NO EXCEPTIONS e a r + v 7 �j.i3 T''f'- 1 t!••.4 J4 Hk"'fp' �•� �' b; ) +Y,-: t !'? • f,.v t >r 'fK Kr "if � car � . c n � �s�'i:Y��'�.. r6 j 4 r I.understand the above' and that this permit must be avatlable at}the:�ob rstte for; inspection purposes at a I times: �' - it .-'-..i' , , .t _) ^, '} -�y N N4�•,f e as y -,� 'y'•f ;I ti �J - � s tu* mi "(f{� % iL� �t' .� , • c k ,. r r � i (�J At t = Signature. ` '.`Owner or, Contractor `� ? x t�� fi+t+Y" yik � r)°dh �is r• T'I'h>is'Permit:Must be Posted.atthe Jo6'°-Sit' or•Ins�ecfion Purposesy •`'i r i'� -t y ,,, _ Ql �rj.� S,t Ya' 5.t✓. , J,, T• i�r} - c i,Si:� . ' x `�LY''i h s' t. r` k'ijj !r SA .'S' i tr 5 : i• f,r Call DIAL A�DijG i��'rorto Iieg>InningrWork��.; r'i..t•,r,.;f.,` :t.s APPROVED BX ✓`NSF` .. J d `,•�8, t',, �'T r "''Kt '(y" `�`�l .°tiK�� - �� .:y+-:.dh'' ' :i ` ri_ `�z Z�Time Authoriz Vo' fier %�D days ti`°�RestS�ia�ion Fee ` ° ` f �'t O Special ions:_`= �l i/ECI T7) 66VVI)IM21 S Fund<i'F e4 Sir ect�CutlDimensioni x = j ;RELEASED BY: 7 Date 'Y! 1NSf'ECTED BY Date _ M ,- �� ",'s-� , n� ` a ,,� I�10 ,WORK 'Y'E� BIEGIRI PIdIOit �O'PIEIdMI1 ISSUAi�CI✓`' , � ;:_ .. .!'• ATTACHMENT A CONDITIONS TO: a) Right-of-way Construction Permit No. B) Grading Permit No. E3`IOG� C) Building Permit No. 1) A monitoring base line will be established along the westerly curb line of 2nd Ave. The points shall have an approximate 30' spacing and shall be measured.for horizontal and vertical movement. A base line will also be established along the top of the retaining wall that borders the northerly side of the alley. This will also be monitored for verticaT and horizontal movement. .The main and lower floors of the Broad View Travel Agency building along the southerly side of the property shall also be monitored for vertical displacement. The northerly foundation walls of the adjacent building will also be monitored for horizontal displacement with a level. The monitoring should be performed by a professional land surveyor on a weekly basis except during the period of time that the excavation work is on -going, at which time the monitoring would be performed three times a week (every other day). The monitoring will terminate once all of the backfill for the subterranean garage walls are in place. The results of the survey monitoring will be provided to the City of Edmonds weekly. The geotechnical engineering consultant will be providing continuous monitoring of the shoring and excavation work. The field reports prepared by the geotechnical consultant will also be provided to the City of Edmonds on a weekly basis. 2) A security fence shall be constructed along all open cut areas adjoining any public right-of-ways. 3) The developer shall obtain an insurance policy with the City named as an also insured for a sum of $5,000,000 per occurrence. This policy shall be kept in effect during construction of this project. 4) Hold Harmless and Promise to Indemnify: The Permittee promises to hold harmless and indemnify the City of Edmonds, its officers, agents and employees (hereinafter "City") from all claim, loss or liability of any kind,or nature except as expressly limited below arising from or out of the issuance of a*street use permit to said Permittee to work within street right-of-way in the City and any and all work done pursuant thereto. This promise shall extend to all claims of the Permittee's own employees, including, but not limited to, claims encompassed by RCW Title 51 and Permittee waives its immunity thereunder with respect to, but only to, the City. The City additionally shall be indemnified from the reasonable cost of defense by counsel of its choosing. As above Attachment A (continued) provided, this promise to hold harmless and indemnify shall extend to all claims, losses or liability of any kind or nature except when the same occurs due to the sole negligence of the City. The limited waiver of RCW Title 51 and indemnification for concurrent negligence has been the subject of mutual negotiation by the Permittee and the City in connection with the Right -of -Way Construction Permit, Grading Permit and Building Permit. 5) Acknowledgement of the concerns and provisions as listed in .the transmittal dated September 7, 1989 from Kelly Wamble, Building Manager for Rio Petrol, Inc. and as signed by Ron Hansen, September 7, 1989. Name Signature Date R/14HANSN/TXTST530 'roducer PARKER, S1MiTH & FEEK, INC. 1700 First Interstate Center 999 Third Avenue Seattle, Washington 93104 CI T I F I C A 7 E O F I N S U R A ,No OAT O6)1NYID%Y) This certificate is issued as a matter of information only and confers no rights upon the certificate holder. This certificate does not amend, extend or alter the coverage afforded by the policies below. Companies Affording Coverage Company A Letter AMERICA14 ECONOMY INSURANCE COMPANY nsurea Lompany B Letter FEDERAL INSURANCE COMPANY McBRIDE RAFTERY CONSTRUCTION, INVCompany C 224 Nickerson Street Letter Seattle, VIA 98109 Company D Letter ny. E .;overa es aaa8aaaaaa8aaaaaaaaaaaaaaaaasa22222222222222292222222222222222a22222222222a2222222222 22222222222a222222aa22aa s is to certify that policies of Insurance listed Below Have Been Issusa to the Insured named above tor,the policy ?erlod indicated. Notwithstanding any requirement, tern or condition of any contract or other document with respect to dhich this certificate may be issued or may pertain, the insurance afforded by the policies described herein is subject TO Z I Tne Terns, exclusions a o conalTlons of ucn eollCleS. LIMITS snows may nave Deen reaUCea D X paia Claims. '_tr 1Vollcy Type of insurance Polio Number ec v( Date (MM/DD/YY) Vollcy Expiratiot Date (MM/DD/YY) Llabim s Each Occurrence Ag2reciate General Liability ( X Comprehensive Fors 02CC082998-01 03-27-89 03-27-90 Bodily X Premises -Operations In ur $ $ jUnderground Explosion X and Collapse Hazard Properly X Products/Com. Oper. Damage $ $ X independent Contractors X Contractual BI & PD X Broad Form Prop. Damage Combined $1,000 $2,000 1 X Personal Injury X Washington Stop Gap Personal Injury $1,000 _ Automobile Liability Bodily j X Any Auto 02CCO82998-01 03-27-89 03-27-90 injury j Owned Autos (Pppaariv. Per Person $ _Ail All Owned Autos (Other) (� than Priv. Pass.) o y Injury i Per Accident $ Property 1 X Hired Autos t X Non -Owned Autos Damage $ BI & PD Garage Liability I Combi ned $1,000 Excess Liability X Umbrella Form Other Than Umbrella 79626082 03=27-89 03-27-90 B1 & PD 4 Cm binod 000 ,000 Uescription of operations/locations/vehicles/restrictions/special items Lions LrUCLion OT bui Iding Iocatecl 116 - 2nd Ave. So., Edmonds, WA ,rtiticate Holder is Additional Inusred Per #CG2009 IFICAIT 14OLDER2922222222923222222222222.2222222222222222222222222 2222222222222222222-2222222222222a2 Should any of the above described policies be can - CITY OF EDMONDS cel led before the expiration date ther�oDf, the E DMO N DS , WA Issuing company wi I I endeavor to ma i I days written notice to the certificate holder named to the left, but failure to mail such notice shai I impose no obligation or i i abl l I ty of any kind upon the company, Its agents or representatives. Aut razed RepresentativC AC25(8/84) M,_ 3.01 /ma s to r7 JACQUELINE CUTTING • 0 CERTIFICATE OF INSURANCE Producer PARKER, SMITH & FEEK, INC.-.;: 1700 First Interstate Center 999 Third Avenue Seattle, Washington 98104'. DATE (MM/DD/YY) 09-08-89 This certificate is issued as a matter of information only and confers no rights upon the certificate holder. This certificate does not amend, extend or alter the coverage afforded by the policies below. Companies Affording_ Coverage Company A Letter AMERICAN ECONOMY INSURANCE COMPANY Insured Company B Letter FEDERAL INSURANCE COMPANY McBRIDE RAFTERY CONSTRUCTION, INC Company C 224 Nickerson Street J,Letter Seattle, WA 98109 ampany D Letter Company E Letter finis is to cerLiry tnat policies or insurance listed oeiow have been issued to the insured named above for the policy period indicated. Notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate may be issued or may partain, the insurance afforded,by the policies described herein is subject to QLJL the terms exclusions a d..ponoitions or jucn olicias.' L mlts shown ma hays been reduced b aid claims. Co o icy ec iv o icy xpira ioLiability iml s Ltr Type of Insurance P.olic Number Date MM/DD/YY Date MM/DD/YY) Each Occurrence Aggregate Liability + :: A IGeneral X Comprehensive Form I 0•2CCO82998-01 I 03-27-89 I 03-27-90 I Bodily I X Premises -Operations I I ( Injury $ $ Underground Explosion I 'q I X and Collapse Hazard ;: I I I Property X Products/Com. Oper. Damage $ $ X Independent Contractors I X Contractual + I I BI & PD I X Broad Form Prop. Damage I ( Combined $1,000 $2,000 IX Personal Injury X Washington Stop Gap Personal Injury $1,000 ,Automobile Liability I I Bodily A X Any Auto O200082998-01 I 03-27-89 03-27-90 ( Injury All Owned Autos (pPriv. �✓ Per Person $ I All Owned Autos (O2gier) Bodily than Priv. Pass.) I Injury I i I Per Accident $ I X Hired Autos I I i Property X Non -Owned Autos , L Damage $ _Garage Liability I I BI & PD Combined $1,000 Excess Liability B X Umbrella Form 119626082 I 03-27-89 I 03-27-90 ( BI & PD Other Than Umbrella Combined $4,000 $4,000 Description of operations/locatio6a/vehicles/restrictions/special items Construction of Building located 116 - 2nd Avenue South, Edmonds, WA Additoinal Insured Endorsements Attached CERTIFICATE HOLDER CANCELLATION Should any of the above described policies be can- celled before the expiration date thereof, the Rio Petrol, Inc;\' ,`� ti issuing company will endeavor to mail 30 days 300 Harbor Building Fr �r written notice to the certificate holder named to 100 Second Ave. South, "^t the left, but failure to mail such notice shall Edmonds, WA 98020 impose no obligation or liability of any kind upon the company, its agents or representatives. i'• 7: Authorized Representative:: AC25(8/84) MCB.Ol/CERT.37 `•',' larnnelinn Cnttinn • GL 20 09 (Ed. 01 73) This endorsement forms a part ofJhe policy to which attached, effective on the inception date of the policy unless otherwise stated herein. (The following information is required only when this endorsement is issued subsequent to preparation of policy.) Endorsement effective: 09/08/89Policy No. 02-CC082998-01 Endorsemo. Named Insured McBRIDE/RAFTERY CONSTRUCTION, INC. Lrt Additional Premium $ INCL. Countersigned by Au hori ad Representative) Jacqueline Cutting, CPCU This endorsement modifies such insurance as is afforded by the provisions of the policy relating to the following COMPREHENSIVE GENERAL LIABILITY INSURANCE MANUFACTURERS AND CONTRACTORS LIABILITY INSURANCE ADDITIONAL INSURED (Owners or Contractors) Schedule Name of Person or Organization (Additional Insured) City of Edmonds Premium Bases Rates Bodily Injury Liability Cost $100 of cost Property Damage Liability Cost $100 of cost Location of Covered Operations 116 2nd Ave. South Edmonds, WA Advance Premium $ INCL. $ INCL. Total Advance Premium $ INCL. It is agreed that: , 1. The "Persons Insured" provision is amended to include as an insured the person or organization named above (hereinafter called "additional insured"), but only with respect to liability arising out of (1) operations per- formed for the additional insured by the named insured at the location designated above or (2) acts or omissions of the additional insured in connection with his general supervision of such operations. 2. None of the exclusions of the policy, except exclusions (a), (c), (f), (9), (i), (j) and (m), apply to this insurance. 3. Additional Exclusions: This insurance does not apply: (a) to bodily injury or property damage occurring after (1) all work on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured at the site of the covered operations has been completed or (2) that portion of the named insured's work out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project; (b) to bodily injury or property damage arising out of any act or omission of the additional insured or any of his employees, other than general supervision of work performed for the additional insured by the named insured; (c) to property damage to (1) property owned or occupied by or rented to the additional insured, (2) property used by the additional insured, (3) property in the care, custody or control of the additional insured or as to which the additional insured is for any purpose exercising physical control, or (4) work performed for the additional insured by the named insured. 4. Additional Definition: When used in reference to this insurance, "work" includes materials, parts and equipment furnished in connection therewith. GL 20 09 01 73 MCB.O1/CERT.37B • V • GL 20 09 This endorsement forms a part of the policy to which attached, effective on the inception date of the policy unless otherwise stated herein. (The following information is required only when this endorsement is issued subsequent to preparation of policy.) Endorsement effective: 09/08/89 Policy No. 02-CC082998_01 �1 Endorsem nk No. ,I,�j-1 Named Insured McBRIDE/RAFTERY CONSTRUCTION, INC. C�`t Additional Premium $ INCL. Countersigned by Au orize Represen a i e Jacqueline Cutting, CPCU This endorsement modifies such insurance as is afforded by the provisions of the policy relating to the following COMPREHENSIVE GENERAL LIABILITY INSURANCE MANUFACTURERS AND CONTRACTORS LIABILITY INSURANCE ADDITIONAL INSURED (Owners or Contractors) Schedule Name of Person or Organization (Additional Insured) Ron Hansen Location of Covered Operations 116 2nd Ave. South Edmonds, WA Premium Bases Rates Bodily Injury Liabilityost Advance Premium Property Damage Liability Cost $100 of cost $ INCL. $100 of cost $ INCL. It is agreed that: Total Advance Premium $ INCL. 1. The "Persons Insured" provisEbn is amended to include as an insured the person or organization named above (hereinafter called "additional insured"), but only with respect to liability arising out of (1) operations per- formed for the additional insured by the named insured at the location designated above or (2) acts or omissions of the additional insured in connection with his general supervision of such operations. 2. None of the exclusions of the policy, except exclusions (a), (c), (f), (g)� (i)� (j) and (m), apply to this insurance. 3. Additional Exclusions: This insurance does not apply: (a) to bodily injury or property damage occurring after (1) all work on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured at the site of the covered operations has been completed or (2) that portion of the named insured's work out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project; (b) to bodily injury or property damage arising out of any act or omission of the additional insured or any of his employees, other than general supervision of work performed for the additional insured by the named insured; (c) to property damage to (1) property owned or occupied by or rented to the additional insured, (2) property used by the additional insured, (3) property in the care, custody or control of the additional insured or as to which the additional insured is for any purpose exercising physical control, or (4) work performed for the additional insured by the named insured. 4. Additional Definition: When used in reference to this insurance, "work" includes materials, parts and equipment furnished in connection therewith. GI. 20 09 01 73 McB.Ol/CERT.37A CERTIFICATE OF INSU'RANCE u' Producer PARKER, SMITH & FEEK, INC' 1700 First Interstate Center 999 Third Avenue Seattle, Washington 98104 McBRIDE RAFTERY CONSTRUCTION, INC 224 Nickerson Street Seattle, WA 98109; DATE (MM/DD/YY) 09-08-89 This certificate is issued as�a matter of information only and confers no rights upon the certificate holder. This certificate does not amend, extend or. -alter the coverage afforded by the policies below. 'Companies Affording Coverage Company Letter A AMERICAN ECONOMY INSURANCE COMPANY B C LumNany D Letter ompany E Letter ' COMPANY Inis is to certity that policies of insurance listed below have been issued to the insured named above for the policy period indicated. Notwithstanding any requirement, term or condition of ari.y contract or other document with respect to which this certificate may be issued or may partain, the insurance afforded:bv the Dolicies described herein is Anh;wrt to gii the terms exclusions a d,', onditions of such policies., Limits shown may have been reduced b aid claims. Co ---Policy ec vPolicy, xpira isLiability Limits IN 1HUU5AN05 Ltr Type of Insurance Policy Number Date• MM/DD/YY Date MM/DD/YY) Each Occurrence Aggregate General Liability A X Comprehensive Form 102CCO02998-01 I 03-27-89 :. I 03-27-90 I Bodily X Premises -Operations I I Injury $ $ I Underground Explosion ( I .• __X._and Collapse Hazard I I I Property I X Products/Com. Oper. li I Damage $ $ X Independent Contractors I I X Contractual ^, I I BI h PD I X Broad Form Prop. Damage I Combined $1,000 $2,000 X Personal Injury :. I X Washington Stop Gap ;.: Personal Injury $1 000 IAutomobile Liability I Bodily A X Any Auto p Q2CCO82998-01 03-27-89 03-27-90 Injury All Owned Autos (Priv. Per Person $ I .) All Owned Autos (URaer ~`{ Bodily than Priv. Pass.), I Injury I Per Accident $ X Hired Autos I Property I, X Non -Owned Autos L Dama e $ Garage Liability A• I BI & PD Combined $1 000 Excess Liability 8 X Umbrella Form ( — 79626082 ( 03-27-89 03-27-90 BI & PD Other Than Umbrella . Combined $4 000 $4 000 uescription or operations/locations/vehicles/restrictions/special items Construction of Building located 116 - 2nd Avenue South, Edmonds, WA Additoinal Insured Endorsements Attached I Rio Petrol, Inc „ �' f 300 Harbor Buildi g ` 't`T �i� 100 Second Ave.:,South, Edmonds, WA 98029 e AC25(8/84) MCB.O1/CERT.37 4: Should any of the above described policies be can- celled before the expiration date thereof, the issuing company will endeavor to mail 30 days written notice to the certificate holder named to the left, but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representatives Autho +zed Representative: Jacqueline Cutting GL 20 09 (Ed. 01 73) This endorsement forms a part orAhe policy to which attached, effective on the inception date of the policy unless otherwise stated herein. `• (The following information is required only when this endorsement is issued subsequent to preparation of policy.) Endorsement effective: 09/08/89` Policy No., 02-CCO82998-01 " Endorseme t,No. Named Insured McBRIDE/RAFTERY •CONSTRUCTION, INC. Girt Additional Premium $ INCL. Countersigned by Au or ze Representative) Jacqueline Cutting, CPCU This endorsement modifies such'insurance as is afforded by the provisions of the policy relating to the following COMPREHENSIVE GENERAL LIABILITY INSURANCE 'MANUFACTURERS AND CONTRACTORS.LIABILITY INSURANCE ADDITIONAL INSURED (Owners or Contractors) Schedule Name of Person or Organization Location of Covered Operations (Additional Insured) City of Edmonds 116 2nd Ave. South Edmonds, WA Premium Bases Rates Advance Premium Bodily Injury Liability Cost $100 of cost $ INCL. Property Damage Liability Cost $100 of cost $ INCL. Total Advance Premium $ INCL. It is agreed that: 1. The "Persona Insured" provision is amended to include as an insured the person or organization named above (hereinafter called "additional insured"), but only with respect to liability arising out of (1) operations per- formed for the additional insured by the named insured at the location designated above or (2) acts or omissions of. the additional insured in connection with his general supervision of such operations. 2. None of the exclusions of the policy, except exclusions (a), (c), (f), (g), (i), (j) and (m), apply to this insurance. 3. Additional Exclusions: This insurance does not apply: (a) to bodily injury or property damage occurring after (1) all work on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured at the site of the covered operations has been completed or (2) that portion of the named insured's work out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project; (b) to bodily injury or property damage arising out of any act or omission of the additional insured or any of his employees, other than general supervision of work performed for the additional insured by the named insured; (c) to property damage to (1) property owned or occupied by or rented to the additional insured, (2) property used by the additional insured, (3) property in the care, custody or control of the additional insured or as to which the additional insured is for any'purpose exercising physical control, or (4) work performed for the additional insured by the named insured. 4. Additional Definitions When used in reference to this insurance, "work" includes materials, parts and equipment furnished in connection therewith. GL 20 09 01 73 MCB.O1/CERT.37B GL 20 09 (Ed. 01 73) This endorsement forms a part of the policy to which attached, effective on the inception date of the policy unless otherwise stated herein. (The following information is required only when this endorsement is issued subsequent to preparation of policy.) Endorsement effective: 09/08/89 Policy No. 02-CCO82998-01 Endorsem nt No.� Named Insured McBRIDE/RAFTERY CONSTRUCTION, INC. Additional Premium $ INCL. Countersigned by -r�AN (Authorized Represen a i e Jacqueline Cutting, CPCU This endorsement modifies such insurance as is afforded by the provisions of the policy relating to the following COMPREHENSIVE GENERAL LIABILITY INSURANCE MANUFACTURERS AND CONTRACTORS LIABILITY INSURANCE Name of Person or Organization (Additional Insured) Ron Hansen ADDITIONAL INSURED (Owners or Contractors) Schedule Premium Bases Rates Bodily Injury Liability Cost Property Damage Liability Cost It is agreed that: $100 of cost $100 of cost Location of Covered Operations 116 2nd Ave. South Edmonds, WA Advance Premium $ INCL. $ INCL. Total Advance Premium $ INCL. 1. The "Persons Insured" provislbn is amended to include as an insured the person or organization named above (hereinafter called "additional insured"), but only with respect to liability arising out of (1) operations per- formed for the additional insured by the named insured at the location designated above or (2) acts or omissions of the additional insured in connection with his general supervision of such operations. 2. None of the exclusions of the policy, except exclusions (a), (c), (f), (g), (1)9 (j) and (m), apply to this insurance. 3. Additional Exclusions: This insurance does not apply: (a) to bodily injury or property damage occurring after (1) all work on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured at the site of the covered operations has been completed or (2) that portion of the named insured's work out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project; (b) to bodily injury or property damage arising out of any act or omission of the additional insured or any of his employees, other then general supervision of work performed for the additional insured by the named insured; (c) to property damage to (1) property owned or occupied by or rented to the additional insured, (2) property used by the additional insured, (3) property in the care, custody or control of the additional insured or as to which the additional insured is for any purpose exercising physical control, or (4) work performed for the additional insured by the named insured. 4. Additional Definition: When used in reference to this insurance, "work" includes materials, parts and equipment furnished in connection therewith. GL 20 09 01 73 McB.01/CERT.37A Ji- JOK December 23, 1969 Stevens Medical Center 114 • 2nd Avonueo South Edmondat Washington 94020 Gentlemen: The storm drainage ditch on the east side of your property has become overgrown with brush and filled up with sediment. Maintenance of this ditch in the responsibility of the medical contor'sad it would be appreciated if this problem could be taken 0sro of in the near future. JHC/lc Yours Very truly, CITY OF EDMONDS JAMS H. CONWAY Assistant City Engineer r' Vr, Thomas Je ?owe l 1 and On ce—tifie6 Put 114 S"ord A% Ed fonds, flash Dear Sir: 'the of November 1 Pre Avenue is bet you will be c It the west Butt property. LRLsrf eea Don Lawsen, Cat? Su"orvisor Doce"hav 1, 1365 wir R,. wsry City Engineer vur letter nt. OrOnd ,e study, 'Pied. mains, vale w THOMAS J. POWELL DONALD L. ONSTAD POWELL r& ONSTAD CERTIFIED PUBLIC ACCOUNTANTS November 17, 1965 Mr. Don Larson, City Supervisor, Edmonds, Washington 114 SECOND AVENUE SOUTH EDMONDS. WASHINGTON 98020 PROSPECT 8.8189 Dear Sir: Regarding our property at 114 Second Avenue, South and the street which has recently been graded and black topped. When this work was being done I went to the office of Reid -Middleton and contacted the engineer in charge of the project on a matter that I felt would cause trouble if not corrected. The problem concerned the run-off of water from the building and the alley on the east side of the street and the possibility of flooding the property on the west side in a heavy rainstorm. After the street was completed such a rain- storm did occur and the property on the west side of Second Avenue was flooded when the water poured over the curb. I again called the office of Reid -Middleton. I was notified that the engineer I had previously contacted had left the firm and that some one would look into the matter. - To date nothing has been done. With the coming of fall, we can expect more rain and ;:lore flooding. We respectfully request that this situation be investigated and corrective measures be taken. I Very truly yours, Thomas J. Pow e l T 'TP,;Rehd, APPLICATION for The City of Edmonds SIDE SEWER PERMIT EASEMENT No ........................................... NEW CONSTRUCTION p REPAIRS 113-03000 OWNER..........Thomas.-A.---Pow.ell......--------------------------------------------------- CONTRACTOR....--------•---•---•-....__....--•-•---......--•--....._...---......_..--------......._.......... PERMIT No....................... ADDRESS ...... 1.14 .. Znd _AVe .--- S.............•---------••--•----•---..._....----••--------•-- LEGAL DESCRIPTION: LOT No.. BLOCK No. ............................................ s NAMEOF ADDITION--------------------••-------••-•---...-----.._.._..........--•-------.........................._..._..................................._ Dye Tested On Sewer 1972 Approved: DATE................................................ By----•---...............__........................_..._...............- e y 200 DAYTON ST. EDMONDS. WASHINGTON 98020 • (206) 71:i. 525 's`:. `•' DEPARTMENT OF PUBLIC WORKS (larch 16, 1981 Ir1ARVE f 1. HARRI001`j MAYOn 1�714 Dear Resident: On February 17, 1981, the -Edmonds City Council passed Resolution 488 for construction,'reconstruction and repair of deteriorated sidewalks. A publi.c hearing will. be held in the Council Chambers at the Civic Center on April 21, 1981 at 7:30 P.M. You are invited to attend this hearing or discussing construction ofl new si.walk'��butting your property. The installation of. -new sidewalks, at the expense of the abutting property owner, is provided by City Ordinance, Chapter 7.20 and Revisc:rl c:0d0 of. Washington, Chapter 35.68. The area needing sidewalks ha!-; 1r t n marked adjoining your property. Construction of. the :;,, si-dewalks must be completed on or before September. 1, 1 ,fit, 1. , In the event improvements are not completed within the ahove specified time, the City will perform and compl(rt-o the improvements at.the expense of the abutting property owner. This action is in response to many citizen requests and increased pedestrian traffic i.n �;I)Ocif.ied areas. S i-ncereIY, 1?RF;C) 1:'. [iER1131.RG Uir�ctor of Public Works -#zY MEMORANDUM August 23, 1989 TO: Memo for File FROM: Bob Alberts, Ci t�q - .1 er SUBJECT: HANSEN BUILDING -- CONDITIONS FOR APPROVAL 1) Excavation: Excavation adjacent to 2nd Ave. S. and the northerly alley shall be revised on the drawings. On 2nd Ave. S., excavation shall be moved three to four feet behind the curb and gutter; a fence installed along the street, and the parking lane blocked off. The cut line in the alley shall be changed as to not interfere with the entrance to the lower parking lot of the adjacent building. Open cutting the alley must have the approval of the adjacent owners. Contact person is Kelly Wamble, 771-1755, Harbor Building. 2) Drain System: Design will be changed per Jerry Hauth's requirements. 3) Hauling: All hauling will go south to Dayton Street. All access will be from James Street into the alley. SR 104 will.be used for disposal of materials outside the City limits. 4) Survey Monitoring: A monitoring plan will be submitted to the City for monitoring of any earth or groundwater movement as the result of construction. 5) Hold Harmless/Insurance Requirements: The City will be held harmless and protected on the contractor's insurance policy. City to have $5.0 million coverage by developer or contractor. Insurance broker to provide coverage language for City Attorney's review. 6) Signing: Signing will be provided to direct traffic to work.area and business parking. Memo to File Hansen Building August 21, 1989 7) Alley Overlay: Alley on north side shall be overlaid full width where excavation occurred. 8) Gas Pipeline: Location of gas pipeline to be determined prior to excavation. 9) Parking for Workers: Contractor to find and designate parking for workers. RJA/sdt HANSEN/TXTST530 ...rax Teieccpier 702W22-E8 ; 3:44PN 2C54172067785322:9 2 e_,. o,.,.m ass and Pr?11241 tO THUM21 ' The Pe=itee promises to hold harmleoo and indemnify the city of Edmonda, its officers, agents and employees (hereinafter "City") from all claim, logs or liability of any kind or nature except as exproasly limited below arising from or out of the issuance of a street use permit to said permitee to work within street right of way in tho City and any and all work done pursuant thereto. This promise shall extana to all claims of the P&rmitee,s owns employees inoluding but not limited to claims encompassed by RCW Title 51 and Permitee waives its immunity thereunder with respect to, but only to, the City. The City additionally shall be indemnified Prom the roaconable cost of defansa by counsel of its choosing. An above provided, thin promise to hold harmless and indemnity shall extend to all claims, losses or liability or any kind or nature except when the came occurs due to the cola negligence of the City. The limited waivor of RCW Title 51 and indamnifieation for concurrent negligence has boon the cub;sct of r..utual negotiation by the Permitee and the City in connection With an underlying public works contract between the Parmitoe and the City of Lynnwood, Washington. WSS51415X COMPUTATION SHEET JOB NO. 67Z63 DATE SHEET _)- OF _,? HARVEY R. DODD & ASSOC., Inc. pi CONSULTING ENGINEERS 820 MINOR AVENUE NORTH SUITE 200 SEATTLE. WASHINGTON 98109-4420 1(206) 682-1500 FAX # (206) 682-2623 JOB NAME i COMP. BY �i CHK. BY CONTENTS J. i _ ! _l , I 114111 i i b1d,I ' i , ! ! i E { �� f , I I j• I , 1i I i ij {.. i .'`•� i ..! �._. �_ ... _ � _. .._ .. _ iIRR _ ._ W _ _ ._,i ice,- I IV Al ` UNTER I , J _ L , j �l qx, I } � � Z erh , Oft !._P/ cll _. ! �fi'(evercc�_ `Idler ' i 1 �1eS�y,�I�eS_ , 1 COMPUTATION SHEET 43HARM R. DODD & ANOC., Inc. CONSULTING ENGINEERS 820 MINOR AVENUE NORTH SUITE 200 SEATTLE. WASHINGTON 98109-4420 (206) 682-1500 FAX # (206) 682-2623 JOB NO. DATE JOB NAME Comp. By �.Ze CHK. BY JA CONTENTS SHEET OF 890 I DATE: TO: FROM: CITY OF EDMONDS OFFICE OF THE CITY ATTORNEY 447-7000 FAX: 447-2015 LARRY S NAUGHTEN MAYOR SEP 1 ,5.1989 LE September 14, 1989 Jerry Hauth, Hydraulics Engineer W.. Scott Snyder, Office of the Ci Attorney RE: Insurance Review--McBride/Raftery Construction., Inc. -- Ron Hanson and William Mclaughlin Project This memorandum will confirm our conversations, our review of the commercial general liability coverage form and our conversations with Jackie Cutting, CPCU, representing the insurance broker. Basically, the commercial general liability form will provide coverage for property damage to adjacent buildings in the event of a collapse while the contractor is working in the public right-of-way. It will not provide coverage for two specific situations which may be of concern: 1. Loss. of access or business to those persons occupying the adjacent buildings; and 2. The cost to the City of engaging a contractor to come in and fill in the hole in the event that McBride Raftery should for some reason pull off the job. Insurance for a loss of business to adjacent properties is practically unavailable and the City has little if any liability - in that area. The only way to cover item number 2 would be to require a surety bond from the person to whom the street use permit is issued. While McBride Raftery is a well known and reputable construction company, a labor dispute or other problem beyond their control could theoretically result in an open hole in the street and no surety available to restore the street. Please review with Bob Alberts the surety bond issue. As ,a practical matter, the insurance coverage will cover most personal injuries and property damage claims in which we are interested, with the exception that the loss of business or access for adjacent properties is excluded. WSS/klt WSS51721M/0006. 6.1 2100 Westlake Center .Tower, 1601 Fifth Avenue, Seattle, WA 98101-1686 • Incorporated August 11, 1890 • Sister Cities International — Hekinan, Japan �.,. - .,.., � yr-�.. .r✓.. '�,,,•.-(�-.^>.wl..•rt.�..�J.r,6;•^.^'a'�r- -gas'.,. '",r^-in.=rn.' 't" y� s.{ri��a..j{r�wsrir.-ito-�i.ra4 ... r�'kv+.�•• ri„ �.HJ�' a Z O w a E~ U 04 O L.T. CItEY OF EDMONDS Permit No. COMMUNITY SERVICES DEPARTMENT Le RIGHT-OF-WAY CONSTRUCTION PERMIT 11 b� ; Issue Date / "/ A. • Owner: Qe !_Nm iz B. • Contractor: /11, t.!4-flo'e tia y ror r' j Name. Name //Y-,NZ). A'✓rZ .; a2-Y Mailing Address Mailing Address City State Zip City - State Zip MecI 16y 17 dr State License Number Telephone Number / C. • Address or Vicinity of Construction: Type of Work to be Done: '� /''� ca .�s' Tip✓ c �'� N D. • Work in Connection With: ❑ Sub or Plat ❑ Single Family Commercial ❑ Multifamily / E. • Pavement Cut: JK Y ❑ N F. • Size of Cut: , X �_ APPLICANT TO READ AND SIGN O City Projects ❑ Utility INDEMNITY: Applicant understands and by his signature to this application, agrees to hold the City of Edmonds harmless from any injuries, damages, or .claims of any kind or description whatsoever, forseen or unforseen, that may be made against the City of Edmonds,, or. any of its departments.ouemployees, including or not limited to the defense of any legal proceedings including `,defense costs, court costs, and attorney fees by reason of granting this permit. . THE CONTRACTOR IS RESPONSIBLE FOR .WORKMANSHIP .AND MATERIALS FOR A PERIOD OF ONE YEAR FOLLOWING THE°FINAL INSPECTION AND ACCEPTANCE OF THE WORK. Estimated restoration fees will be held until the final street patch is completed by City forces, at which time a debit or credit will be processed for issuance to the applicant. • A.24 hour notice is required for inspection; Please call Engineering: 771-3202 • Work is to be inspected during progress and at completion. • Restoration to be in accordance with City Code. • Street to be kept clean at all times: • Traffic Control to be in accordance with City regulations. • All street -cut ditches must be patched with asphalt or City approved material prior to end of working day; NO EXCEPTIONS. I understand the above and that thispermit must be available at the job site for inspection purposes. at all times. Signature: Date:" Owner or Contrator This Permit Must be Posted at the Job.Site For Inspection Purposes Call DIAL -A -DIG Prior to Beginning Work APPROVED BY: Time Authoriz Voj�ter AD days.. Special Conditions: CGYI//�,/�/ryVS PERMIT FEE: $30• 00 Restoration Fee: Receipt No.: Fund. I I I Fee: — Street Cut Dimensions: RELEASED BY:, SM Date �3 INSPECTED BY NO WORK TO BEGIN PRIOR TO PERMIT ISSUANCE Date Eng. Div. March 1989 FIELD INSPECTION NOTES (Fund 111 - Route copy to Street Depl.) t Comments: r. Diagram: CONTRACTOR CALLED FOR INSPECTION ❑ YES ❑ NO Partial Work Inspection by P. W.: Work Disapproved By: Date: FINAL APPROVAL BY: Date: Eng. Div. July ATTACHMENT A CONDITIONS TO: a) Right-of-way Construction Permit No. B) Grading Permit No. eqo(05-�3 C) Building Permit No. 1) A monitoring base line will be established along the westerly curb line of 2nd Ave. The points shall have an approximate 30' spacing and shall be measured for horizontal and vertical movement. A base line will also be established along the top of the.retaining wall that borders the northerly side of the alley. This will also be monitored for verticaT and horizontal movement. .The main and lower floors of the Broad View Travel Agency building along the southerly side of the property shall also be monitored for vertical displacement. The northerly foundation walls of the adjacent building will also be monitored for horizontal displacement with a level. The monitoring should be performed by a professional land surveyor on a weekly basis except during the period of time that the excavation work is on -going, at which time the monitoring would be performed three times a week (every other day). The monitoring will terminate once all of the backfill for the subterranean garage walls are in place. The results of the survey monitoring will be provided to the City of Edmonds weekly. The geotechnical engineering consultant will be providing continuous monitoring of the shoring and excavation work. The field reports prepared by the geotechnical consultant will also be provided to the City of Edmonds on a weekly basis. 2) A security fence shall be constructed along all open cut areas adjoining any public right-of-ways. 3) The developer shall obtain an insurance policy with the City named as an also insured for a sum of $5,000,000 per occurrence. This policy shall be kept in effect during construction of this project. 4) Hold Harmless and Promise to Indemnify: The Permittee promises to hold harmless and indemnify the City of Edmonds, its officers, agents and employees (hereinafter "City") from all claim, loss or liability of any kind or nature except as expressly limited below arising from or out of the issuance of a street use permit to said Permittee to work within street right-of-way in the City and any and all work done pursuant thereto. This promise shall extend to all claims of the Permittee's own employees, including, but not limited to, claims encompassed by RCW Title 51 and Permittee waives its immunity thereunder with respect to, but only to, the City. The City additionally shall be indemnified from the reasonable cost of defense by counsel of its choosing. As above Attachment A (continued) provided, this promise to hold harmless and indemnify shall extend to all claims, losses or liability of any kind or nature except when the same occurs due to the sole negligence of the City. The limited waiver of RCW Title 51 and indemnification for concurrent negligence has been the subject of mutual negotiation by the Permittee and the City in connection with the Right -of -Way Construction Permit, Grading Permit and Building Permit. 5) Acknowledgement of the concerns and provisions as listed in the transmittal dated September 7, 1989 from Kelly Wamble, Building Manager for Rio Petrol, Inc. and as signed by Ron Hansen, September 7, 1989. Name Signature �- 13 -F 7 Date R/WHANSN/TXTST530 , C E R T I F I C A T E O F I N S U R A N C E DAJ6 j I"3/DZS6Y) Producer PARKER, SMITH & FEEK, INC. 1700 First Interstate Center 999 Third Avenue Seattle, Washington 98104 ns This certificate Is Issued as a matter of information only and confers no rights upon the certificate holder. This certificate does not amend, extend or alter the coverage afforded by the policies below. Companies Affording Coverage Company A Letter AMERICAN ECONOdY INSURANCE COMPANY uUmpany B - Letter FEDERAL INSURANCE COMPANY McBRIDE RAFTERY CONSTRUCTION, Ifs ompany C 224 Nickerson Street Letter Seattle, WA 98109 ompany D Letter rompanLetter E Ler iris is To Gerrity TnaT policies of Insurance listed be ow have been Issuedo e Insuredname above or a policy period indicated. Notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate may be Issued or may pertain, the Insurance afforded by the oollcles described hereln is snhiant To I Tne Terns exclusions a i a conditions of uch oIIcIas. L I mIts shown may have been reduced bX paId claims. CO Ltr Type of Insurance Policy Number o cy ec v Date (MM/DD/YY) Policy Expiratiot Date (MM/DD/YY) LIabIllTym s IN IMULAiANW Each Occurrence Aggregate General Liability A X Comprehensive Form 02CCO82998-01 03-27-89 03-27-90 Bodily X Premises -Operations I nL1 ur E E Underground Explosion X and Collapse Hazard property IBI X Products/Com. Oper. Damage E S X Independent Contractors X Contractual & PD X Broad Form Prop. Damage. Combined E1 000 $2 000 X Personal Injury _-L Washington Stop Gap Personal Injury $1,000 Automobile Liability Bodily A X Any Auto 02CCO82998-01 03-27-89 03-27-90 Injury _All Owned Autos (Pppriv. All Owned Autos (O der) Per Person $ ° Y than Priv. Pass.) Injury Per Accident $ X Hired Autos Property X Non -Owned Autos Damage $ Garage Liability BI & PD Combined $1 000 Excess Liability B X Umbrella Form Other Than Umbrella 79626082 03-27-89 03-27-90 BI & PD $ 4 Combined 4 000 000 aiVOVp-11 U1 uptlra i lonaf i ocaTionsiven is ies/resTricT ions/special items LonSLruct1On Ot b u 1 1 d 1 n 9 located 116 - 2nd Ave. So., Edmonds, WA :rtificate Holder is Additional Inusred Per #CG2009 CITY OF EDMONDS EDMONDS, WA AC25(8/84) MCB.01/master7 Should any of the above described policies be can- celled before the expiration date therY the 1 ssul ng company wl I I endeavor to ma 11 days written notice to the certificate holder named to the left, but failure to mall such notice shal impose no obligation or I i abl I I ty of any kl nd upon the conpany, its agents or representatives. Aut razed Representativ." JACQUELINE CUTTING W Z O W U P4 O w CITY OF EDMONDS COMMUNITY SERVICES DEPARTMENT RIGHT-OF-WAY CONSTRUCTION PERMIT Permit No. Le Issue Date —___'/ A. • Owner: �/��'� Q - Fi�^y B. • Contractor: /I%r� Cor{f Name Name Mailing Address Mailing Address J-44ir_< City State Zip City State Zip Me3ti/ c l /6 y ,) d'f 2-e2-7 State License Number Telephone Number C. • Address or Vicinity of Construction: //`f To //6 Z- �DMaw&S Lt 4 Type of Work to be Done: N'�w 5�0 ^rr-12'c-7-7 o'J , D. • Work in Connection With: ❑ Sub or Plat ❑ Single Family Commercial ❑ Multifamily E. • Pavement Cut: RY ❑ N F. • Size of Cut: / �,X=r�r ❑ City Projects ❑ Utility APPLICANT TO READ AND SIGN a INDEMNITY: Applicant understands and by his signature to this application, agrees to hold the City of Edmonds harmless from any injuries, damages, or claims of any kind or description whatsoever, forseen or unforseen, that may be made against the City of Edmonds, or any of its departments or employees, including or not limited to the defense of any legal proceedings including defense costs, court costs, and attorney fees by reason of granting this permit. THE CONTRACTOR IS RESPONSIBLE FOR WORKMANSHIP AND MATERIALS FOR A PERIOD OF ONE YEAR FOLLOWING THE FINAL INSPECTION AND ACCEPTANCE OF THE WORK. Estimated restoration fees will be held until the final street patch is completed by City forces, at which time a debit or credit will be processed for issuance to the applicant. • A 24 hour notice is required for inspection; Please call Engineering: 771-3202 • Work is to be inspected during progress and at completion. • Restoration to be in accordance with City Code. • Street to be kept clean at all times. • Traffic Control to be in accordance with City regulations. • All street -cut ditches must be patched with asphalt or City approved material prior to end of working day; NO EXCEPTIONS. I understand the above and that this permit must be available at the job site for inspection purposes at all times. 4Signature: 'a.. °'`-' Date: Owner or Contr.<ctor This Permit Must be Posted at the Job Site For Inspection Purposes Call DIAL -A -DIG Prior to Beginning Work APPROVED BY: Time AuthorizVoter r z Aso days. Special Conditions: 6001 SAC QC .#TTd9E�/j4l6e�E wA It PERMIT FEE: 430. 00 Restoration Fee: Receipt No.: Fund III Fee: Street Cut Dimensions: RELEASED BY:? Date //3 INSPECTED BY NO WORK TO BEGIN PRIOR TO PERMIT ISSUANCE Date Eng. Div. March 1989 ATTACHMENT A CONDITIONS TO: a) Right-of-way Construction Permit No. e9 _y/6 B) Grading Permit No. 69065f3 C) Building Permit No. 1) A monitoring base line will be established along the westerly curb line of 2nd Ave. The points shall have an approximate 30' spacing and shall be measured for horizontal and vertical movement. A base line will also be established along the top of the.retaining wall that borders the northerly side of the alley. This will also be monitored for vertical' and horizontal movement. .The main and lower floors of the Broad View Travel Agency building along the southerly side of the property shall also be monitored for vertical displacement. The northerly foundation walls of the adjacent building will also be monitored for horizontal displacement with a level. The monitoring should be performed by a professional land surveyor on a weekly basis except during the period of time that the excavation work is on -going, at which time the monitoring would be performed three times a week (every other day). The monitoring will terminate once all of the backfill for the subterranean garage walls are in place. The results of the survey monitoring will be provided to the City of Edmonds weekly. The geotechnical engineering consultant will be providing continuous monitoring of the shoring and excavation work. The field reports prepared by the geotechnical•consultant will also be provided to the City of Edmonds on a weekly basis. 2) A security fence shall be constructed along all open cut areas adjoining any public right-of-ways. 3) The developer shall obtain an insurance policy with the City named as an also insured for a sum of $5,000,000 per occurrence. This policy shall be kept in effect during construction of this project. 4) Hold Harmless and Promise to Indemnify: The Permittee promises to hold harmless and indemnify the City of Edmonds, its officers, agents and employees (hereinafter "City") from all claim, loss or liability of any kind or nature except as expressly limited below arising from or out of the issuance of a street use permit to said Permittee to work within street right-of-way in the City and any and all work done pursuant thereto. This promise shall extend to all claims of the Permittee's own employees, including, but not limited to, claims encompassed by RCW Title 51 and Permittee waives its immunity thereunder with respect to, but only to, the City. The City additionally shall be indemnified from the reasonable cost of defense by counsel of its choosing. As above • Attachment A (continued) provided, this promise to hold harmless and indemnify shall extend to all claims, losses or liability of any kind or nature except when the same occurs due to the sole negligence of the City. The limited waiver of RCW Title 51 and indemnification for concurrent negligence has been the subject of mutual negotiation by the Permittee and the City in connection with the Right -of -Way Construction Permit, Grading Permit and Building Permit. 5) Acknowledgement of the concerns and provisions as listed in the transmittal dated September 7, 1989 from Kelly Wamble, Building Manager for Rio Petrol, Inc. and as signed by Ron Hansen, September 7, 1989. Name Signature 9- /3 -F 7 Date R/WHANSN/TXTST530 C# T I F I C A T E O F I N S U R A NIS 0 6f i"%D2 6y) Producer PARKER, SMITH & FEEK, INC. 1700 First Interstate Center 999 Third Avenue Seattle, Washington 98104 This certificate is Issued as a matter of information only and confers no rights upon the certificate holder. This certificate does not amend, extend or alter the coverage afforded by the policies below. Companies Affording Coverage Company A Letter AMERICAN ECON04Y INSURANCE COMPANY nsurea Lompany Letter B FEDERAL INSURANCE COMPANY McBRIDE RAFTERY CONSTRUCTION, IliCompany C 224 Nickerson Street Letter Seattle, WA 98109 cmpany D Letter E ThTsTs to certify that policies of Insurance listed below have been issued to The Insurea namea above tor Tne policy period indicated. Notwithstanding any requirement, tern or condition of any contract or other document with respect to which this certificate may be issued or may pertain, the insurance afforded by the policies described herein is subject To i I Tne Terms exclusions a a conaiTions oT sucn eollCleS. L miTS snown may nave Dee" reoueaeo aid ciaimb. Ltr Type of insurance Policy Number Policy ec v Date (MM/DD/YY) o cy xp ra io Date (MM/DD/YY) a m s Each Occurrence Aggregate General Liability A X Comprehensive Form 02CCO82998-01 03-27-89 03-27-90 Bodily X Premises -Operations Injury $ $ Underground Explosion X and Collapse Hazard Prope rty X Products/Com. Oper. Damage $ $ X Independent Contractors X Contractual BI & PD X Broad Form Prop. Damage Combined $1,000 $2,000 X Personal Injury X Washington Stop Gap Personal Injury $1,000 Automobile Liability Bodily A X Any Auto 02CCO82998-01 03-27-89 03-27-90 injury All Owned Autos (Pppriv. Per Person $) Bodily Injury All Owned Autos (O�Wer than Priv. Pass.) Per Accident $ Property X Hired Autos X Non -Owned Autos Oama e $ BI & PD Garage Liability Combi nod $1,000 Excess Liability B X Umbrella Form Other Than Umbrella 79626082 03-27-89 03-27-90 BI & PD $ 4 $ 4 Combined 000 000 Description of operations/locations/vehicles/restrictions/special items t,onsLruCLI on OT t5u1 i 01 ng I OCaLeO 116 - 2nd Ave. So., Edmonds, WA Certificate Holder is Additional Inusred Per #CG2009 22222222222222222222222222222222222222222222222222 GANGELLAI IMT 2222222222222222222222222222222222222 Should any of the above described policies be can - CITY OF E DMON DS cel led before the expiration date therloff, the EDMONDS, WA issuing company wlI I endeavor to mail days written notice to the certificate holder named to the left, but failure to mail such notice shal I impose no obligation or I i abi 11 ty of any ki nd upon the company, its agents or representatives. Aut razed Representatives . AC25(8/84) Mc8,01/master7 JACQUELINE CUTTING C E 0 1 F I C A T E OF I NSURAN(0 o6f I"y/DD�6Y) Producer PARKER, SMITH & FEEK, INC. 1700 First Interstate Center 999 Third Avenue Seattle, Washington 98104 ns McBRIDE RAFTERY CONSTRUCTION, 1 224 Nickerson Street Seattle, WA 98109 This certificate is issued as a matter of information only and confers no rights upon the certificate holder. This certificate does not amend, extend or alter the coverage afforded by the policies below. Companies Affording Coverage Company A Letter AMERICAN ECONOMY INSURANCE COMPANY iany B `er FEDERAL INSURANCE C( ny C r 0 E This is to certify that policies of insurance listed below nave been Issuea To Tne insurea namea above Tor Tne policy period indicated. Notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate may be issued or may pertain, the insurance afforded by the policies described herein is subject TO II Tne Terms exclusions at a conaITions oT sucn eoIICIes. LIMITS snown may nave peen reaucea v a w cia�ms. Go Ltr Type of Insurance Policy Number o cy e v Date (MM/DD/YY) o cy xp ra o Date (MM/DD/YY) a m s Each Occurrence Aggregate General Liability A X Comprehensive Form 02CCO82998-01 03-27-89 03-27-90 Bodily X Premises -Operations Injury $ $ Underground Explosion X and Collapse Hazard Property X Products/Corn. Oper. Damage $ $ X Independent Contractors X Contractual BI & PD X Broad Form Prop. Damage Combined $1,000 $2 000 X Personal Injury X Washington Stop Gap Personal Injury $1,000 Automobile Liability Bodily A X Any Auto 02CC082998-01 03-27-89 03-27-90 Injury All Owned Autos (Priv. Per Person $ o y Injury All Owned Autos Agesi-) than Priv. Pass.) Per Accident $ Property X Hired Autos X Non -Owned Autos Damage $ BI & PD Garage Liability Combined $1,000 Excess Liability B X Umbrella Form 79626082 03-27-89 03-27-90 BI & PD $ 4 $ 4 Other Than Umbrella Combined 000 ,000 Description of operations/locations/vehicles/restrictions/special items t onsLrucLl On OT oul I ai ng I Ocatea 116 - 2nd Ave. So., Edmonds, WA Certificate Holder is Additional Inusred Per #CG2009 22222222222222222222222222222222222222222922222222 uANCEELATiM2222222222222222222222222222222222222 Should any of the above described policies be can - CITY OF EDMONDS cel led before the expiration date theriofUU, the EDMONDS, WA issuing company wlI I endeavor to mail days written notice to the certificate holder named to � 1 " FILE 7 the left, but failure to mail such notice shall impose no obligation or I i abi I i ty of any kind upon the company, its agents or representatives. Aut rized Repativ AC25(8/84) MCB.Oi/master7 JACQUELINE CUTTING C E 1# I F I C A T E O F I N S U R A N C E 0 Producer PARKER, SMITH & FEEK, INC. 1700 First Interstate Center 999 Third Avenue Seattle, Washington 98104 This certificate Is issued as a matter of Information only and confers no rights upon the certificate holder. This certificate does not amend, extend or alter the coverage afforded by the policies below. Companies Affording Coverage Company A Letter AMERICAN ECONOMY INSURANCE COMPANY ns ured I:ompa ny Letter B FEDERAL INSURANCE COMPANY McBRIDE RAFTERY CONSTRUCTION, IN:;, Company C 224 Nickerson Street Letter Seattle, WA 98109 Company D Letter ny E Inls IS TO Cerrity TnaT policies OT Insurance IISTea Delow nave Deen issuea TO Tne Insurea namea aDOve Tor Tne policy period indicated. Notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate may be Issued or may pertain, the Insurance afforded by the policies described herein is subject TO I II Tne Terms exclusions ai a conaITions OT qucn eoIICIeS. LIMITS snown may nave Dean reaUCea D aia claims. Policy ec v Policy xp ra o a m s Ltr Type of Insurance Policy Number Date (MM/DD/YY) Date (MM/DD/YY) Each Occurrence Aggregate General Liability A X Comprehensive Form 02CCO82998-01 03-27-89 03-27-90 Bodily X Premises -Operations InjuryE E Underground Explosion X and Collapse Hazard Property X Products/Com. Oper. Damage E S X Independent Contractors X Contractual BI & PD X Broad Form Prop. Damage Combined Ei 000 E2 000 X Personal Injury X Washington Stop Gap Personal InJ ury $1,000 Automobile Liability Bodily A X Any Auto 02CCO82998-01 03-27-89 03-27-90 injury Owned Autos (PPPriv. Per Person $ _AII All Owned Autos (Oder) than Prly. Pass.) o y InJ ury Per Accident E Prcpe rty X Hired Autos X Non -Owned Autos Damage f BI & PD _Garage Liability Combined $1 000 Excess Liability B X Umbrella Form Other Than Umbrella 79626082 03-27-89 03-27-90 BI & PD $4 $ 4 Combined 000 000 Description oT operations/locations/vehicles/restrictions/special items I,OnSLruCLIOn OT 131.11 iaing IOCaLea 116 - 2nd Ave. So., Edmonds, WA ertificate Holder is Additional Inusred Per #CG2009 99999999992998229292229922922222222222922929229822 CANCELLATIM 992929229992029 i9222992a9aa999a922aa9 Should any of the above described policies be can - CITY OF EDMONDS cel led before the expiration date thereof, the EDMONDS, WA Issuing company wlI I endeavor to mail 0 days written notice to the certificate holder named to the left, but failure to mall such notice shal I Impose no obi Igatlon or i l abl I 1 ty of any kl nd upon the company, Its agents or representatives. Aut rized Representativ�V AC25(8/84) McB.01/master7 JACQUELINE CUTTING C E:T I F I CAT E O F I N S U R A N DATE (MM/DD/YY) 09/12/89 Producer PARKER, SMITH & FEEK, INC. 1700 First Interstate Center 999 Third Avenue Seattle, Washington 98104 ns McBRIDE RAFTERY CONSTRUCTION, INC 224 Nickerson Street Seattle, WA 98109 This certificate is issued as a matter of information only and confers no rights upon the certificate holder. This certificate does not amend, extend or alter the coverage afforded by the policies below. Companies Affording Coverage Company A Letter AMERICAN ECONCM Y INSURANCE COMPANY B FEDERAL INSURANCE COMPANY company C Letter ompany D Letter Company E Letter This is to certify that policies of insurance listed below have been issued to the insured named above tor the policy period indicated. Notwithstanding any requirement, tenn or condition of any contract or other document with respect to which this certificate may be issued or may pertain, the insurance afforded by the policies described herein is subject TO 4 11 The Terms exclusions ar a conai Tions or 5ucn eoIICI eS. LIMITS snown may nave Dean reaucea D ala Claims. 0 Ltr Type of Insurance Policy Number Policy ec v Date (MM/DD/YY) Policy xp ra o Date (MM/DD/YY) a MT s1 HUUb AN Lb Each Occurrence Aggregate General Liability A X Comprehensive Form 02CC082998-01 03-27-89 03-27-90 Bodily X Premises -Operations InJury $ $ Underground Explosion X and Collapse Hazard Prope rty X Products/Com. Oper. Damage $ $ X Independent Contractors X Contractual BI & PD X Broad Form Prop. Damage Combined $1 000 $2 000 X Personal Injury X Washington Stop Gap Personal Injury $1,000 Automobile Liability Bodily A X Any Auto 02CCO82998-01 03-27-89 03-27-90 Injury Owned Autos (Priv. Per Person $ _AII All Owned Autos Ages) —' than Priv. Pass.) o i Y Injury Per Accident $ Property X Hired Autos X Non -Owned Autos Damage $ BI & PD Garage Liability Combined $i 000 Excess Liability B X Umbrella Form 79626082 03-27-89 03-27-90 BI & PD Other Than Umbrella I Combined $1 000 $1 000 Description of operations/locations/vehicles/restrictions/special items .Vila I u%, L i vn v e uu i I u I ny IV 1-a ucu 116 - 2nd Ave. South, Edmonds, WA CERTIFICATE HOLDER IS ADDITIONAL INSURED PER #CG2009 22222292222222222222222222222222292222922222222222 t9WELEXTIUR 2222020922222222222292220222222222229 Should any of the above described policies be can - CITY OF EDMONDS cel led before the expiration date thereof, the EDMONDS, WA issuing company will endeavor to mail _days written notice to the certificate holder named to the left, but failure to mail such notice shal I impose no obligation or I i abi I I ty of any ki nd upon FILEthe company, its agents or representatives. AC25(8/84) McB.01/master7 Authorized Representative: MAN Jacqueline C� Tttt�►, • GL 20 09 (Ed. 01 73) This endorsement forms a part of the policy to which attached, effective on the inception date of the policy unless otherwise stated herein. (The following information Is required only when this endorsement is Issued subsequent to preparation of policy.) Endorsement effective 09/08/89 Policy No. 02-CCO82998-01 Endorsement No. Named Insured McBRIDE/RAFTERY CONSTRUCTION, INC. il Additional Premium $ INCL. Countersigned by _ tAuThorlzedtelrrenenfallvey Jacqueline Cutting, CPCU This endorsement modifies such insurance as is afforded by the provisions of the policy relating to the following: COMPREHENSIVE GENERAL LIABILITY INSURANCE MANUFACTURERS AND CONTRACTORS LIABILITY INSURANCE ADDITIONAL INSURED (Owners or Contractors) r Schedule Name of Person or OrganfiatJon P/tp Location of Covered Operations (Additional Insured) 116 - 2nd Ave. South, Edmonds, WA RON HANSEN AND WILLIAM MCLA ORLIN A PARTNERSHIP Premium Bases Rates Advance Premium Bodily Injury Liability Cost $100 of cost $ INCL. Property Damage Liability Cost $100 of cost $ IPCL. Total Advance Premium $ INCL. It is agreed that: 1. The "Persons Insured" provision is amended to include as an insured the person or organization named above (hereinafter called "additional insured"), but only with respect to liability arising out of (1) operations per- formed for the additional insured by the named insured at the location designated above or (2) acts or omissions of the additional Insured in connection with his general supervision of such operations. 2. None of the exclusions of the policy, except exclusions (a), (c), (f), (g), (1), (j) and (m), apply to this insurance. 3. Additional Exclusions: This insurance does not apply: (a) to bodily injury or property damage occurring after (1) all work on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured at the site of the covered operations has been canpleted or (2) that portion of the named Insured's work out of which the injury or damage arises has been put to its Intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the sane project; (b) to bodily Injury or property damage arising out of any act or omission of the additional insured or any of his employees, other than general supervision of work performed for the additional Insured by the named insured; (c) to property damage to (1) property owned or occupied by or rented to the additional insured, (2) property used by the additional insured, (3) property in the care, custody or control of the additional insured or as to which the additional insured is for any purpose exercising physical control, or (4) work performed for the additional insured by the named insured. 4. Additional Definition: When used in reference to this insurance, "work" includes materials, parts and equipment furnished in connection therewith. GL 20 09 01 73 McB.01/master5 j Imo'' IMMERCIAL GENERAL LIABILIT0'=' CG 00 01 11 85 use COVERAGE FORM COMMERCIAL GENERAL LIABILITY t COVERAGE FORM IL Various provisions in this policy restrict coverage. Read -the deemed to occur at the time of the "occurrence" entire policy carefully to determine rights, duties and what that caused it. is and is not covered. 2. Exclusions. Throughout this policy the words "you" and "your" refer This insurance does not apply to: to the Named Insured shown in the Declarations. The words a. "Bodily injury" or "property damage" expected "we," "us" and "our" refer to the Company providing this or intended from the standpoint of the insured. insurance. This exclusion does not apply to "bodily injury" The word "insured" means any person or organization resulting from the use of reasonable force to qualifying as such under SECTION II - WHO IS AN protect persons or property. INSURED, b. "Bodily injury" or "property damage" for which Other words and phrases that appear in quotation marks the insured is obligated to pay damages by have special meaning. Refer to SECTION V - DEFINITIONS. reason of the assumption of liability in a contract or agreement. This exclusion does not apply to SECTION I - COVERAGES liability for damages: COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE (1) Assumed in a contract or agreement that is LIABILITY an "insured contract;" or (2) That the insured would have in the absence 1. Insuring Agreement of the contract or agreement. a. We will pay those sums that the insured becomes c. "Bodily injury" or "property damage" for which legally obligated to pay as damages because of any insured may be held liable by reason of: "bodily injury" or "property damage" to which (1) Causing or contributing to the intoxication this . insurance applies. No other obligation or of any person; liability to pay sums or perform acts or services (2) The furnishing of alcoholic beverages to a is covered unless explicitly provided for under person under the legal drinking age or under SUPPLEMENTARY -PAYMENTS - COVERAGES A the influence of alcohol; or AND B. This insurance applies only to "bodily (3) Any statute, ordinance or regulation relating injury" and "property damage" which occurs to the sale, gift, distribution or use of during the policy period. The "bodily injury" or alcoholic beverages. "property damage" must be caused by an This exclusion applies only if you are in the "occurrence." The "occurrence" must take place business of manufacturing, distributing, selling, in the "coverage territory." We will have the right serving or furnishing alcoholic beverages. and the duty to defend any "suit". seeking those d. Any obligation of the insured under a workers damages. But: compensation, disability benefits or (1) The amount we will pay for damages is unemployment compensation law or any similar limited as described in SECTION III - LIMITS law. OF INSURANCE; e. "Bodily injury" to: (2) We may investigate and settle any claim or (1) An employee of the insured arising out of "suit" at our discretion; and and in the course of employment by the (3) Our right and duty to defend end when we insured; or have used up the applicable limit of (2) The spouse, child, parent, brother or sister insurance in the payment of judgments or of that employee as a consequence of (1) settlements under Coverages A or B or above. medical expenses under Coverage C. This exclusion applies: b. Damages because of "bodily injury" include (1) Whether the insured may be liable as an damages claimed by any person or organization employer or in any other capacity; and for care, loss of services or death resulting at any "bodily (2) To any obligation to share damages with or time from the injury." repay someone else who.must pay damages c. Property Damage that is loss of use of tangible because of the injury. property that is not physically injured shall be This exclusion does not apply to liability assumed by the insured under an "insured contract." Copyright, Insurance Services Office, Inc., 1982, 1984 Page 1 of 9 C-AN-03-PRINT009-0030-0047-f • CG 00 01 11 85 '� It. (1) "Bodily injury" or "property damage" arising out of actual, alleged or threatened discharge, dispersal, release or escape of pollutants: (a) At or from premises you own, rent or occupy; (b) At or from any site or location used by or for you or others for the handling, storage, disposal, processing or treatment of waste; (c) Which are at any time transported, handled, stored, treated, disposed of, or processed as waste by or for you or any person or organization for whom you may be legally responsible; or (d) At or from any site or location on which you or any contractors or subcontractors working directly or indirectly on your behalf are performing operations: (i) if the pollutants are brought on or to the site or location in connection with such operations; or (ii) if the operations are to test for, monitor, clean up, remove, contain, treat, detoxify or neutralize the pollutants. (2) Any loss, cost, or expense arising out of any governmental direction or request that you test for, monitor, clean up, remove, contain, treat, detoxify or neutralize pollutants. Pollutants means any solid, liquid, gaseous or thermal irritant or contaminant, including smoke, vapor, soot, fumes, acids, alkalis, chemicals and waste. Waste includes materials to be recycled, reconditioned or reclaimed. g. "Bodily injury" or "property damage" arising out of the ownership, maintenance, use or entrustment to others of any aircraft, "auto" or watercraft owned or operated by or rented or loaned to any insured. Use includes operation and "loading or unloading." This exclusion does not apply to: (1) A watercraft while ashore on premises you own or rent; (2) A watercraft you do not own that is: (a) Less than 26 feet long; and (b) Not being used to carry persons or property for a charge; (3) Parking an "auto" on, or on the ways next to, premises you own or rent, provided the COMMERCIAL GENERAL LIABILITY COVERAGE FORM "auto" is not owned by or rented or loaned to you or the insured; (4) Liability assumed under any "insured contract" for the ownership, maintenance or use of aircraft or watercraft; or (5) "Bodily injury" or "property damage" arising out of the operation of any of the equipment listed in paragraph f.(2) or f.(3) of the definition of "mobile equipment" (Section V.8). h. "Bodily injury" or "property damage" arising -out of: (1) The transportation of "mobile equipment" by an "auto" owned or operated by or rented or loaned to any insured; or (2) The use of "mobile equipment" in, or while in practice or preparation for, a prearranged racing, speed or demolition contest or in any stunting activity. I. "Bodily injury" or "property damage" due to war, whether or not declared, or any act or condition incident to war. War includes civil war, insurrection, rebellion. or revolution. This exclusion applies only to liability assumed under a contract or agreement. "Property damage" to: (1) Property you own, rent, or occupy; (2) Premises you sell, -give away or abandon, if the "property damage" arises out of any part of those premises; (3) Property loaned to you; (4) Personal property in your care, custody or control; (5) That particular part of real property on which you or any contractors or subcontractors working directly or indirectly on your behalf are performing operations, if the "property damage" arises out of those operations; or (6) That particular p rt of any property that must be restored, repaired or replaced because "your work" was incorrectly performed on it. Paragraph (2) of this exclusion does not apply if the premises are "your work" and were never occupied, rented or held for rental by you. Paragraphs (3), (4), (5) and (6) of this exclusion do not apply to liability assumed under a sidetrack agreement. Paragraph (6) of this exclusion does not apply to "property damage" included in the "products -completed operations hazard." Copyright, Insurance Services Office, Inc., 1982, 1984 Page 2 of 9 CG 00 01 11 85 7 k. M. n. `tea• fir "Property damage" to "your product" arising out of it or any part of it. "Property damage" to "your work" arising out of it or any part of it and included in the "products -completed operations hazard." This exclusion does not apply if the damaged work or the work out of which the damage arises was performed on your behalf by a subcontractor. "Property damage" to "impaired property" or property that has not been physically injured, arising out of: (1) A defect, deficiency, inadequacy or dangerous condition in "your product" or "your work;" or (2) 'A delay or failure by you or anyone acting on your behalf to perform a contract or agreement in accordance with its terms. This exclusion does not apply to the loss of use of other property arising out of sudden and accidental physical injury to "your product" or "your work" after it has been put to its intended use. Damages claimed for any loss, cost or expense. incurred by you or others for the loss of use, withdrawal, recall, inspection, repair, replacement, adjustment, removal or disposal of: (1) "Your product;" (2) "Your work," or (3) "Impaired property;" if such product, work, or property is withdrawn or recalled from the market or from use by any person or organization because of a known or suspected defect, deficiency, inadequacy or dangerous condition in it. Exclusions c. through n. do not apply to damage by fire to premises rented to you. A separate limit of insurance applies to this coverage as described in SECTION III - LIMITS OF INSURANCE. COVERAGE B. PERSONAL AND ADVERTISING INJURY LIABILITY 1. Insuring Agreement. a. We will pay those sums that the insured becomes legally obligated to pay as damages because of "personal injury" or "advertising injury" to which this insurance applies. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under SUPPLEMENTARY PAYMENTS - COVERAGES A 2. COMMERCIAL GENERAL LIABILITY COVERAGE FORM kAjk B. We will have the right and duty to defend and "suit" seeking those damages. But: (1) The amount we will pay for damages is limited as described in SECTION III - LIMITS OF INSURANCE; (2) We may investigate and settle any claim or "suit" at our discretion; and (3) Our right and duty to defend end when we have used up the applicable limit of insurance in the payment of judgments or settlements under Coverages A or B or medical expenses under Coverage C. b. This insurance applies to "personal injury" only if caused by an offense: (1) Committed in the "coverage territory" during the policy period; and (2) Arising out of the conduct of your business, excluding advertising, publishing, broadcasting or telecasting done by or for you. c. This insurance applies to "advertising injury" only if caused by an offense committed: (1) In the "coverage territory" during the policy period; and (2) In the course of advertising your goods, products or services. Exclusions. This insurance does not apply to: a. "Personal injury" or "advertising injury:" (1) Arising out of oral or written publication of material, if done by or at the direction of the insured with knowledge of its falsity; (2) Arising out of oral or written publication of material whose first publication took place before the beginning of the policy period; (3) Arising out of the willful violation of a penal statute or ordinance committed by or with the consent of the insured; or (4) For which the insured has assumed liability in a contract or agreement. This exclusion does not apply to liability for damages that the insured would have in the absence of the contract or agreement. b. "Advertising injury" arising out of: (1) Breach of contract, other than misappropriation of advertising ideas under an implied contract; (2) The failure of goods, products or services to- conform with advertised quality or performance; (3) The wrong description of the price of goods, products or services; or Copyright, Insurance Services Office, Inc., 1982, 1984 Page 3 of 9 C-A N-03- P R I N T009.0030-004 9- 0 0 K�~ ^=� 8�� U A�� " v o��K��v "K��v~^ raftery construction /mCoRPoRArso INSURANCE REPAIRS AND ALL PHASES opCOMMERCIAL AND RESIDENTIAL CONSTRUCTION (206)283-7121 FAX:284-567O ea4m|CuERSOmSTREET SExTTLE.vxA881OS September 11, 1989 City of Edmonds Office of the City Engineer Attn: Mr. Jerry Hauth 250 - 5th Ave. North Edmonds, WA 98020 S ri?, /"�' , '�/,-7 1,-, Project: New commercial/residential building The Hansen Building 116 - 2nd Avenue South Edmonds, WA Dear Mr. Hauth: In accordance with your request, we are submitting this letter to describe the specific survey monitoring efforts of the adjacent building and 2nd Street. We recommend that a base line be established along the westerly curb line of 2nd Street. The points shall have an approximate 30' spacing and shall be measured for horizontal and vertical movement. A base line will also be established along the top of the retaining wall that borders the northerly side of the alley. This will also be monitored for vertical and horizontal movement. The main and lower floors Agency building along the property shall also be displacement. The northerly foundation building will also be displacement with a level. of the Broad View Travel southerly side of the monitored for vertical walls of the adjacent monitored for horizontal It is our recommendation that the monitoring be performed by a professional land surveyor on a weekly basis except during the period of time that the excavation work is on -going in which the monitoring would be performed three times a week. The monitoring will terminate once all of the backfill for the subterranean garage walls are in place. The results of the survey monitoring will be provided to the City of Edmonds. The geotechnical engineering consultant will be providing continuous monitoring of the shoring and excavation work. The field reports prepared by the geotechnical consultant will also be provided to the City of Edmonds. Very truly yours, McCONSTRUCTION, INC. Paul Nelson Project Superintendent PN/jn 0 • Fi eC��I - R I O PETROL, INC. 300 HARBOR BUILDING - 100 SECOND AVENUE SOUTH t 1989 EDMONDS, WASHINGTON 98020 September 7, 1989 !g f Bob Alberts City Engineer City of Edmonds 250 5th Ave. North Edmonds, WA 98020 Dear Bob, Enclosed is a copy of the.letter I am sending to Ron Hansen, stating under what conditions we will not oppose the excavation of the alley between the Harbor Building and Ron's new building. Ron and I have already verbally agreed to the items listed in the letter but, we request that excavation not be allowed to begin until he has executed them. We would like to request that the city forward copies of the survey findings of the Harbor Building as you receive them. Also, per our discussions, I understand that: 1) It is legal to make a left turn off of Main Street across the double yellow line into the alley behind the Harbor Building, 2) It will be acceptable for Ron to place signage on Main Street to identify access to our lower parking lots. Please contact me if I am incorrect in my understanding of the double yellow line and the signage or if you have any other questions. cc: Ron Hansen Best Regards, Kelly Wamble Building Manager AREA CODE 206 771-1755 Rio PETROL, INC. 300 HARBOR BUILDING - 100 SECOND AV,f t;R1EzSOUTH f� ;O�,, EDMONDS, WASHINGTON 9$tp�0 � (; IL September 7, 1989 Mr. Ron Hansen Hansen McLaughlin & Onstad 114 Second Avenue South Edmonds, WA 98020 Dear Ron, As we agreed, we will not oppose the excavation of the east half of the alley between the Harbor Building and your new office/condominium, provided the following provisions and requests are met by yourself, your partners, McBride-Raftery Construction, and Harvey R. Dodd & Associates. 1) A concerted effort is made by McBride-Raftery Construction to minimize the time that the alley in question, is unusable. We hope that the interruption can be held to three weeks, as suggested by yourself or at the outside four weeks as proposed by Paul Nelson of McBride-Raftery Construction. 2) During the construction period, you will make specific arrangements, to provide parking for 1) the construction workers and other personnel related to the construction process and 2) for yourself, your employees and your clients. We suggest you use the Diamond lot at 2nd and Main. The parking lots of the Harbor Building are not available for use by those mentioned above. 3) You provide a certificate of insurance showing the amount of coverage (Five million as required by the City of Edmonds) and those named on the policy, including yourself, your partners, McBride-Raftery Construction and the City of Edmonds. 4) You provide a hold harmless agreement holding Rio Petrol, Inc. harmless should any claims be filed relating to the construction of your building and signed by yourself, your partners and McBride-Raftery Construction. AREA CODE 206 771-1755 �I • 5) At your expense, an engineer of our choice shall be present at the initial survey of the Harbor Building. Should the initial readings not be satisfactory to our engineer, he will take readings of his own at your expense. 6) You will provide adequate signage at the east end of the alley directing traffic to the alley west of the Harbor Building and signage on Main Street identifying the alley entrance. The signage should read similar to: Harbor Building Lower Parking Lot Entrance on Main Street The signage on Main Street should be visable from both directions, east and west. 7) The construction fence and excavation of the alley will be no closer than 10 feet east of the lower parking lot entrance. Any fence extending west along the remainder of the alley, will not encroach more than one (1) foot onto the existing pavement. 8) You will provide at your expense, window washing and other cleaning (i.e. mud tracked into the parking lot) that is required (other than for normal maintenance) for the Harbor Building to maintain its present condition. 9) Access to our back parking lot will be maintained at all times. 10) The truck route for excavation will not include 2nd Avenue or Main Street, where adjacent to the Harbor Building. 11) At this time we do not wish to accept your offer to "cut" another entrance in the lower parking lot from the alley east of the Harbor Building. However, should we find it necessary in the future we will proceed at that time at your expense, including appropriate repairs to restore the lot to its previous form. 12) Should the garbage collectors be unable to access the lot, you or McBride-Raftery will roll the dumpsters to the collectors and replace dumpsters to the lower parking lot. We understand that the necessary steps will be taken during the construction of your building to stabilize the soil and prevent damage to the Harbor Building. Please note that our agreement to the above in no way releases us from claims against you, your partners, McBride-Raftery Construction and Harvey R. Dodd & Associates should there be damages resulting from construction of your building. 0 We request that the items above be provided and or addressed prior to the start of excavation. Ron, please sign below indicating your agreement with the above requests and return to Rio Petrol. Regards, Ke y Wamble Building Manager Accepted and approved this '7T1�- day of September, 1989 Ron Hansen cc: Bob Alberts Paul Nelson co w NDSCAPE, PLANITING-LEGEND:� _to %.. aTT i3� 1C�P�+#..�q.{JAM C1ammooN N�Amm 7 eitr:E coo" w � �k `3T-f RAC I F t.-LA 3 M(ULA FR4DULA I Pep". WkITIE Vit I� j e� �It�H 2 PIRU LI6 IOWRZIANA fLoWeN4& PLUM . GrS` �� r-> cIN6LE' TKuNK- p,"le 404TO TA 514014e MW, t�+-"j` P�� HEAN"`( f0t-06 �► YrAY4= AQu( FOL (UiM MA`�HAN GK�b tE; F 1216" 1 Da-rt Nk. MAY (� RH©OODegD"N 5VM6 WEN AZA eel 15- I$" I�j!3 AScT65TrAMYLO'� KINN IkI IN IGk, '2 aiA�P, A4y1�for/ i -lK mim UVA- Uftl Ntf -00-2 2 c©TC�IJ Ef'F�T CPSW IN 6 ADF uS co-rowFx7Tejk, a m M. 0, m 2410 r r. m "n m 0 m 0 0 z a m z a m VAI < z rn 0 M 0 =04 C x zi 0 m m m r < r > 0 z IF lo 1-0 11 1 �E -(;OP 11 (P I- (l., 11 1+�-6111 I . All PROJECT CONTENTS NEW COMMERCIAL/RESIDENTIAL PARKING PLAIN BUILDING FOR THE HANSEN PARTNERSHIP ED"MONDS' WASHINGTON ALL INFORMATION ON THIS DOCUMENT IS THE EXCLUSIVE PROPERTY OF- HARVEY R. DODD & ASSOCIATES, INC.. 6COPYRIGHT 1989` DESIGNED �� HARVEY R. DODD & ASSOCIATES, INC. CONSULTING ENGINEERS DRAWN J� CHECKED je-' 820 MINOR AVENUE NORTH SEATTLE, WASHINGTON 98109-4420 DATE SUITE 200 (206) 682-1500 FAX (206) 682-2623 APPROVED 2 fi 2� 12� ph�0 pER�iy . — LINE �X ITT, RSPh{f�L~(' 7� �I .��t / 22 I+ l 1 23.0' 60 2l0 1© 5 0 10 20 1"c1Q' scale feet n NORTH I I �pG1 E OF 5x1T. AtSPH/4 f -r F' \/ N61 E- Z *dZ ac < � W (� z o � no 0) vL d = CC.d zwcX aC U d d z'ITIXQO ~ N Ali , CO O coCO ccwcdo F., VrL W W OCD ' ��. , O .. N Q W a � � w w C p cc z Z � w Q cc 00 �j Z cv H M� A � Z z rrr Z W I— .... CIO d W. ui d z Ill rz W Z W CC = J W � W C� CL. w Oce OZZ `!E� . C- W W ' JOB NO.82$3;{% =' SHEET PROJECT I CONTENTS SITE LIGHTING PLAN w� -�z 0m"T U)Q 7 z w� 4 z ALL INFORMATION �ON � THIS. DOC UMEt4T IS THE EXCLUSIVE PROPERTY OF 'HARVEY R. DODD & ASSOCIATES,-INC .. Q COPYRIGHT 19891. . HAR�TEY R. DC�DD &ASSOCIATES, INC. DESIGNED �f� DRAWN CONSULTING ENGINEERS I. CHECKED Jam, 820 MINOR AVENUE NORTH SEATTLE, WASHINGTON 98109-4420 SATE 11 4 . p . ., - - - _ : - �,+<,z s .�y�.✓ ;z 33 ci` ss F,.,a d r 1. . I. . le . • 1` I `_ I , f ,^.., , www. � "} 11 NA � 4i 3 >.,"x S. N N,I /!> �% '' ff - � rry ! I € I �� I»A. , . '/ M, "IF -1°t I��II1- 1 �.X, - 0 11 _t'fc 2 33r. i - _ .1 - a ao •a£...i".,y" �". M 2 °� < -�I,III I1�. I', , .,.I -,� I I. � �, ,I 1ij,,� ',, I�4 ,I, "., �I � -1, ',,I�-,III,1\;,- ,, !./-11/ 1.- I I,1&I1��.4IV,� 1 .kI -.1-.. , I -�\I I r,I .I III.� , I� II I l.�.�1�I ,1 L�.. ., �,I I #II MI1* ,1.1\�. .4�-. -14I -1. I,;(I - ,� I .I W4- 1A,=N1x ��"I -1�0.,V�,".�I-- I1.-.��. ImI.-, - . . I .11,0I I�",""I'll ., - 4.l- - .I,I oiI.,1 " - 1I. 1."I I ,09� . ".� . ,-1.4, . iI, 1 nIi'MI.i� ' , O1,�:�1- � t6�II.111�I .1�I-I ;�,. .a�WI-II ,Iffi- V.�4fI�I j'I I I - , -1II u1In. .- -"� ,'m 1I g ,NI M,3 1I-0�, 2TII ,tv I I,I ��, I I I rZ I1I51-Ao�I sI, ,, . 1, 'i,v ,I1,,� 1n,. 51� �-1,, I...I91t . ,. -.tlI, \,� *,, ;O11.I , I -, \�III 1. II.I MI, . , ,'-.� - , .�1I � . . "1I - .t.VII ; I, oO1-.-$ .,I S - -1Ie.- ;, �-I�.1I�C�, ,.I�� . 'I- ��I-I, -, 4I ,,�J�1T�. ,.� '�",II v I6 I. . I 1 �-"�X, w1-":,,.1I 1II1 W,.I,�� I,�,.,1. I I 6,5.l I14 e��1, .IIIo,� bII,,1.6-mI� ,-I .�'. , ", ..I . ,'I . T� RII . .N- I1:� 1�- 4II., I� �,,),.,\ '1� I1 �� 1. ' .51 , I I -.I � - ' �_.I .1, P. I (.I �WI?-. � "- -I .r1.K5, ��N,��", . -I�,II�5p� 11,. . 'W, I, . :� ,0�1'I iy,lI-II,0I". l.II1E#-I A,�� .-.I I. 'r.t I iIT� �-I1? I �11I 11, ,.�I'vII I.iII , ,� I .I e .',\,t.. I�-� , ;I6� ', 1.�,,VI,,.,R, ljI v 'P-f:.I�X� R 4-�.IoI I - I �*0 � ,, i*kP. �rI Ii1\wI. aP�j1 . 1l .7I.I.,.- .,:I -- -k4F i� �',.. IIa-, . I I�,',,I7I�.I �II P,�I�Z�,. f� ��. -.,k ��.Ii R. � ;v-I- , . -�IZjI I I ,'II � ( " I I1� / I .1II, ,- A. ,-5,J LO-I :I TI�-MI -1 -I 0, ,,'."4 1� 1 � ��I��,.I II �zrI ,1I -1-,,-�-., �� ,I I" . r-""I .�II..1 . . './ .."�I� I -I ,� ,1'... .II m� �,-iI .�,-I..,�I 0.� .II II�� I 1 ..*\.�.I .-,." -I II-.,� :I ,�� 6I ..- ,I I 1"I�I�..,I .1 ..1. , III�I� � I1 �1. II- .I ��I .!�I �,V I i k-/�I -.T I.I . .II,,�1., . ,- ,�I�. , ",. ,�I, II�I1 IIII . *' �I II, I .�1A- �.I,I ,I"I'll -�I.,I�11I. I� 4_. .IIII, =IN..'.\'I .�, I, I I I I. III � II I.1...1 , ;' I T. ./�I��. ' - ,, I �,,,E.- "I1 I ..*\., ..I0.I ,K. .II4III :f .1..1 wII:. I,I NI .I:: �I -� 1I. �P. ,I1�� 1Z ,.I -1�I 1��r��.,..I .1 ,I ,- 0I1,1111.�I.II =I� .. I .. I I ' I I . 5I1 I . I I i ,1- I,I II �1�7 ,I1I � , o Ii eI z ": f I t` :, «".° s F, E:- d Y„, e 1 .. ., x r v < . ., .+::w- „m <x..,,s. .�< 4:-'Mz.,; ,. 3 .:,,,s .na.M:<,, ,..,v .+.w.,,,°.°,,, .l "xw n .. aF.Y..a`^, .<, �..ie> Y < .+�. .».. ?,. t.:.:32 ..+ «. .. .. .. C >"" "aaa; 'L- ,',., ,. ..`,.4 .l `Y ",a<+,•. ,..<„w. ..., w, .,,...,,, <. „ "..m.^w s': .,,r.< "a„�,. "'k. ..F ..u.5 ,a.:2,3,•<.m ry ✓.. a < 2»,, <h, <.' +Y„>,.-.<,.. ...0 . .. .. S ... w 'T Y f•. y - <.,:, C.x. >� a,.,a ° s .a; l,. .. �,..Y, aL,, rnxw, f u d rz°- �<Y.., yy � s£Ew' y '� -. �7 .. .?�.� . � ' 6. .. k.Yw < YF?3,i'xro° .... yo-1 �, ; �Y..,, £::+, „ i ,..cx,.hi: as., 1.. <w r +'�<"` S ,.,,<" � € ,"w««" ,-wa, <, «.<„w.e,Wwe. . °.w.m.<.».+° ", ,,, '.,+"»" a r a.'i t g t ": x, a+ ; - .. ..�:?«, _ �.'�,..,,. F +,w,�.".,.. .".,w.w ... .x., .�,M,."."...,..,.wY .._,.. .x,„_,,,,,,;.., �..w w.w.w..m.."" ",,,.,,.,"m,.., ,..,,, "� ? 3 's: .,✓°'. 2. III II II I. II II I. / _.w.__ M .,.w,..,, w i a Yam-. ..ya a:.. - u 9 - i ".:h ,%, <�" �`^� t. ,! `ice g y,t~<.= - R h - `3 . , -r " � � j� $ j�n i , , ,. -ti jF+ }/1. +' +`Y+`�. n`, #, ? 3+'s , :z 4,V � a a S' j 1 I Id z ^",3 o'i <, > i ; a t tom' +YR' i : i ' y4 g. mrw x •". Y. 5 o-", . - i F //�, $ a, w a, _ : a . a" „€ % z ,?'x _tfi. < i :.rq a�,,:°" ,,/��. l.e,: y z;: FF a - { (11c.,�� Gj i v , ., .. ,:a tw. ,�.,,"....w'.^" 4 -s < az¢a.:,u,:-,'�'�,:rs: csxyzwr <, ?5''�` .r ,. 1 € i\ i i t - �rVn , '�x:fi #< t'%s' . .s A" .» w,..s M D °:< u:;?, � :wm' .. �.. w''` y ?xi '�/L/' .f. lr %a $4" ;-a.{•s+ w a;.° " ,,...w�^°' F � - - -. - � i.rksE � J f 4, g[ *.a \ - ' ��'• r�-1 ' ARV SF<#' a ZO . ;IBC + Y•/ 1J N�l r+ \ 1 '-. ri •� + x K k 1 .., M .. >iz ,s w,.n ,.Sa,k - .. _ r'' 1. I :; :"ai... ` >a ,P^. ,ro sex. ,:.F - ��,.,,i+ _ gpy"':4 is r> �.%`£'>'✓, ., i "� - .. R'4a '- u <P::;?".m P.. / _ 1 {'sn ^z.."k'°,. ,y { ,,.•,a:>s - 1 °' :s '' - I., 1. `s _ {:,.y:F.s .,.4F `S ,y:,z••.,,.r., :ai.3 u.n 2-:F .s s R, uLg ! Y h I 3y: l.. l 4 $ .Yx` > 30 ✓ cY Y6413 fi.1:�3v, ,.,>+ �,a 3 ,!I e v.�" x. .<N .,D ��wJ� 'l �/;y{,,++ (�(�{()�yy 7 ro, I .v' , •: N I I .. :.., -< ,v ., ::. °„ ra». .+,r.. ,..: "M, ". a.ti, < :..<, ,.d:" .. ,: l.fx. ,x 4; H'A, ofiY A `".'4mx s ,- r >: at :> .,, Wit, .. .� , ,a ". Y , , ,. ,. �;„�, :{ <: °�,<...,....,. .� �(�iy/�., {yam'. ....„. e ."wwx, ,d... •.,,.>...w, ....'.... ...,, .-.- :.,«. .,:w"w... '1Y-.t�YliM ,..... ,.i�%S� 'swM1 w+n'.+•k 3�� w". .,:. , . . .. .. _. -., -�, , wa.' e,� ,. . " +. _ 1 "e Yt x ' " 'p } i -U , f , ',.A 'i `� F '? 3 h s v , 1 \ a. 4 ,r�.. . t ,. . ' L 01✓ � d! :' % - %. +y I . T a'' a 3 ��%r l �+ Y� f ^ , ,.: s f Y( jAr\ ': � "". � � .. ., , '+ i lzo . "' ". � a ' .. + .. . .' z '�K i "/3 ";+ zN /,,, p. rov.., l� /y i `��! `� .. P fi t � H #C.iG! , �c?.7..,z k# ..^ �n`�s`� .. .i � \ .. ` wn,,.,•.,..,w.w.o.,,,, ,,... .. Mgt ,.w,a "'3. ,s{ 'r,>» .;t. � , .�'`�p {} [ € . - _a+ , \ ..S "a, 'S /` .. 3 Syr: Yx}•':.' .r• `+'. .f'♦ i.' k $ f - Ski .d l y ti: ffi f �, . {� F • ,. ' , Si ? ": '_' > t ' #'"" wv •xemma ..wxu.. °,°,arorw, , ,mi„„x, v ° sox,. . i `, kk t,.. .ro eeu: i ,.+A, U"fro' w .. ,/, ^"w, -.t , k" a mi4- ,' t ;,=2:: -r Y .. .. fi , ,,,, I \ a i z- - a a, " I `> t t a ,. 1, ........., fi _ y �..° _ _ i r. .w, w, .. <,. .,.w.., t .<r .. an ",.,.,... w,.w. wY, _ a / /� / I c' I .+ It I,' I-tN�.Jii�. TY l 1 T. A Y^ Y' Rk4y - . . - a pp $ 6 - } , ? fi Y 1 ? N,"'_. _ :. " " .. , ' - ...a \(^ �u� - „. \ ' ♦ . , spa . ' :-+. ' - 'a rg >�? .. ?:'.Y,' .,o-v'aa <Y.9 i` <>,n wE'Y Y"a.. f i , '.`. ,>i,N �.`C �' �'a.� e F ` € ,F ✓.,.C' C Y � ,`>s g F , '.G �' Ste' »l"..'{;a' s2,v':>4, F.s,e :- - l' .. .''.s£.' , s ...� �4 d - hlt +t, ?. . ' 1, ..w,.,.M - . _ ' ; ( - y. a:. n,."'� i+�!n �"'{ t L 4A.Is< [�r"i.. " 11 *` ' � `, �: N i% " I .§., .`•.•., (}�s\. . w ,e - . {, °,.off >. s y..✓r, "s . 10 it I" s € ` { 3 �� Ia f I \ II �I : I , k I I-1.I� , .. , . , � , ,,,� , �\,4I I I.-: '\.,.k,. � .I� �� .1k , �,I�I,I, ,I . t.� f w r »w I II 1� ",�,� I�1I 'I : I�II -II -�I� �, , I . ,: �- .I � I I--.I,� :,, I,I1", I I. I . I I. I,: I,II II� 1. ,I, 1I .�.I�1 .,'I .,I-I.II�,I III �,-� I. I `. 1II . � ,,,,I:II . II',I"I I1I I , I, -.,I��I' , II1 -,, - I -- II, � I,I..III �I".,I � I� I I. . I�, I, .�I'I � *�I II�'I...,.'��I..1-�1�I,, � I �.. ,II -� �I�I- I I I11 -�� ,. III, I I,, . ."II11�I ,.I. I�I. ,',�I�1II -,1 I,,"I, �,,II .--1�III1,. I .-� 1 ,- II �I�1�I.1�I�1., ,� �:1,� 1II . '"� 1I 1 11II I � l,.�I I "- .�1I II,,II�I,.,1�- I,, I .�!�I :,I :I�1'� .IIII I .�,1II1I � . � I ,�`.� ,'1II �� ,� 1e. �II �I I I 1II I 1I� I II I I � :-I I " � � 1, � I II III I 1III�I � 1'.1, II .� L1.- I II" �11,1� ,II 1I I-:I�-II I.- . � , -1. -I . 1 ,:,I I1 . 11--1�I"I,.I I.I .�I..I� - I ,.. , " I � , ,.," I-Pi. %I1I I:X �"1IIt,'I". 0�1I-;. xI� 1�I -. I �1'AI Mc2!-. I1 11, 1.- 5.I �II4-I- �e;�I. , �1r-1� It� � �II. I I111')I L�W�,.I.v,I�Ir, - , 11��1I11-I. I114A . 2I I, �1�.�I. I I.I,,4,1' , .oI I � ,..-:II1iI I o.I1 .gI -�*�II I.I . � II II.I.,�II II , I -� 0 1,.v I,v .I.I r 1V� N1.�.-I 1.,2�I I !I I �.11II I I I I1.;I 1I.r�I � , -I, . IIZ'/- II I� I 1�', :LI..�iI ' ".1IwAo-II III?�I 1. -,.� �r �.)1. I ,-b�I �I, 41IN,-�'-I �.1S��J .N�I 1*. -.I �i�If II-7�fI. N,f�MI Y. .II1�I I -I ,. I �� :IIPI I 0 �'a..AI" 12 ,R P,I .�.o�.Z...1� .I o�.I,....tL�� II -I 4,, I IV VI 1� - 16IrII. . r yi�*�. /,, �I 4I1I .III � IW1 .I�I. ./I I -II. I-�.I .I.II��1.- -,,':1,.rII , I .,II I `, �I I. /6. .'. I�5I I 1�I ,p$E:.I� 11�.1OA.I, ',.1.�1I-1 1 -uI II,1 ):#61gI '1.rI.1� 1�T1,W1 1I.I,1I r�I� I,t� II0,� I I .A1. I 4'1II� . .,T��:1,I-� �I .. I , I' II I1."I71.I�� I .1. = PI �,.A.I..1 I �T� .,1 ,., '1 � 1I �I�tIII: I -,1 1 I : :'., .I , � I ,Ii.�I $-�I 1% . .WII�IIe.I- I �I",I II,.6��f '.l1II,?� , �r. 1I. �.:.'. .I I - .I�,I9 II �-.,I�- -. ,III�,I-�.� e�1I--'� ,�1- .I_ ,I I �II1�I 1� I�I.,I.v- �I, '1II.�'�I�#. I�I ,I �. R.l'1. �. . 1 � �'II,,.�I-I �6I ,I�1I�II I , �I.1�I, I� �- .I1p�,1III . I .I I,I .I-0III r ,1� r1I,I I, I1 pI I1"tAII� II , "', .1 IN - I .I -,�.-1... �I . 7I '.rI., III- ,��'I. .1I .. I,,�I ,�, ,�:IT6II,.,�,� '.��.;1i.I� '.1I..,II " ". t� I 0I',I, .111I.� �- .I,I . 11 I I"m� 'II,,,I' I1A4-� I u�.I1. �II I1-I�;,I5',�I L0-I ",.� .I II�I , 1II�:,'I.! II I-g1 � �.. ,I � .,� �,. ,,II: .1,I ,,�II � �,.I .I.�'. w, zI5l1,, ;;I�i.1,.- . ,�I1I ��I�.:�,I I ..f5I�4�4 -", I��.�11 �I �;�,,,1 11', I.:,I. .II �I 1 � I -�,I.� " ? I,-, I ".tT "&I 1� I.. ,� -�.�j-I..,.� , I -,1".III61II,III ,I.,\U1�6 �itI ,� ,'�-*,'III��III ,I, "2.\I -��i,- ,1� � " I \ �,�,*� .Z�I1 �'1.'��-�.1 A\01lZ. NI�* I'� 1�I .1ik-I :- - , �� -I ,� I11- I,.- � , , �I�'I . � .,"j� .-,,I11� � .N I I � I IIII.,. I .I'I', -I sI4IT1�.. I"�t,,II\I,"I .-; I.iI�1�� 1.I - � FT1I1�u, 1I.�I1 II1x.I'I,��AI, ,jI,flII,,It,�I5-,:I,I .-7$I1WI1.-�"I W , _ r . j� I �rf - wrw. ,i".ate i>•r�<+.vAv»xaw. �,rx h. ." _ €,• ?, `- ..,>?'dn2' ..4 , 1i°'.^"r { -,s' � 1 " w'1 t .}y,'�j'E%iK,y, a?:,N - '4. Y"',j _ -j'w •`> .wo-»xuw. w,- , + „,,-, ♦i E - o.' z2 ''. ; 1. ' : - . 1 a ,." ? - "" ,'- ya l3 9` L" 'i zi" # . , ,r-„ .: ,m r ., ,.,w..,., "< • X. s x t - , '. - .. g fi`x.. d9 a rzae>,.r< $ ., i - . . j - • _ - . jf{ p.�,, _` . ' , .. '1 . ,,.4 " ,,,"... ,"„roxw _ F .,d 2: fi r,,N t'V 1 : 'A%y «.'.... . a 7 ? v. 0 w.:.,,,rc, w. < s�+�+r . , 9t 5: <. . I S ",.✓` . j " - - iaxtt '.� ww�r,.,,.,m w<5 ro 5.4,a•:rY ? " .. :.1. " • 4 e ,l. - i ''*Y k k ("� a fiat° Y Y,%. ,. {. S S 1 �i f .w „W :sue - .w ._ ,. I M».w,...w ., a t Bali T 'v { t+ , t v. ri , '-y,.;,z,. .. ��€.€ , °ter° < e,,, 'a .« A # r , > i '?a`:� .e - t `\, .. ♦ _ 0,' .RV • li.K, be . "w . s C� 1 "wyys s e _ _ ...w,,., .i/� ��.,�J,J{, w+1 ' �£ v I K 1< f Y � k .-,11I �II I. 1/ h E '3 ffi ' Mr xd.,raP. - z yJ�jy F, ' s« i `\ A ...4,s,., x'd f Y \q.' 5 y )„ �..r. 5 1. t. �' f' ,� 1. IH<• �,,{ »a ^4,,. i Y' p A ^ Y' # p-,.,aa ,r \`,, F. N. r I Y ". "'E:mow >'�5�A '�wr�w T t 2 d ,..� ' A ,2 I ` v �. .✓ °":::z : x.. .m , j : ,..., - h ?a .; ,,,,.,,,w :Y b,r .p f w' gg sc�+a" f .g '. € ; M"i n� n .. V Y` -{i+'�I. /TaM� w..wa,. i'.k q 's � 1 ,O' # 1 , ,.. `. . c ?Y # .i "',...- _ ttt$ K " .. y �e>'�' a p 3x 3 L</ Sr \ $F f k "': is r<< ? ,«x V' s k � °aa& q« ,N' r , € � x ° I x`b t _ I'\ x jy, "I �e I M^' �ww.:,, j � a, fi€ wi��} s tJf.t�. E, +,+ ww' w.,,.u" .:, .'. ,.+=pi ; n "yk '\i X - 2 K:Y. CmfiR, A k a.✓€ t � ' x. > I' x' a� M . 9 I �, x i r. ;i ' $ R y E .S g "W �r" I " '" ✓r )/ M .S! , w3 2 - .uvx 'w 3' - v�, , iU v:,♦ 1 »,,. L fix"+} €' t a. te:: �, r - :-'V i' k� , �. � F X1 {lN' M. �� ,, . ,+ .• ," <°:"wrote,. ,», » ,, .,,,<�..�"� tea_, Maw ,. � . - , I .. I to 1. v. ,r ,. a * :Yf � € �:I y ,i t K � i I , 1� > ' ? .t<> <. � , - Fes` ,� I ," q I ' �_ . �.,,., ,..w,w..",....w . . ",' J . t,w A t .;. t �� . a.. . - - I &.'R` ;. . �s + �ro ,g , i �S". 3 i f r� .. 9 :F y' i. y \ Y8- 4 •!� N #Fr ��r tom, t t+;' 8 it jg �a Y W m { t ¢ 'i},r n. >:t R� f 3: e.x II F ' fi .. +we ..,. sn,,,. .wx 3 fi 2 , y t - � d Q qp 3\ 2f !T� F �$ w. w3 '� : i 5 F , FP" 9 a t� s 3 u< p �` - -f+ 4 � <r .4'� t{� pia^'_ w y g .X 2 ' K r' b r r %. Y r' , q - fi.. E..J - ,:.b p � # Lf � I 4w V. i ` r hs. Y, r u „ t" '. , w , L.• �: ), , - w' a, !% £, 3x '§' '2 .. - , }j `u"z '� LI' � i i - - , X w % I fro., e I ,: .. :, W, ( ( k, � .'.. "� a j `. �+� �.r �. € < o. �_,.x u3 ' . �„ #@ t . j 3 4 +, , M'I I � ,.. ` e {�. " b x' }"�i � y+ j F yq. ".� 1 4/ apt �� _. i ,7 t s Y �. w" f U i e ir/ �: aa� !' Y -r I, 3 x e yy i �' y Y' 7y �,iy^«�" t " { kM€ V ` 4/yyw 1 t. 1 +. t �� l t( ' ' " , � 3 (,y'�.,rjy jam++ r� ' N4+"." l+r! � ��„ 1,..s� < � ! .',. �. :�`s ya. i x...,.., °„g r�is� 1<!zt - lW � r.L+ r I Vi e Yam• .. ,.� .. ` cry, • : I .' -. - I NCI l ' f . .. F - � ` IW� ; " v i" i : .. i r;€, +��... r ft { " �.. : - 3w:. Y kx ro I'� .i 4/ °:..;F.. .. .�ygt, (( 'Z w. . ij - f < q r'.,^v r"�� $: a ., £ "4+" - A? if',,.b' � , "'a V 1 �<�;� x. a ... , r _ ,rr. ., 6 , �..� '•ram +i, -r: �:r .r.t. ,�ww. ".r"+.+*r a.�r aa+�.J. w.. i , . kEs ,, x .v ", A�, .iwr +r. _.... +,.+� { " 2 .. ,. , r* r-�{ w , -, .. .,. ": wry X"♦ r�. !(`"� �i( {Y :#(r i ';IIWM . :111iI�LL,..: ..'[., ", + "- „'�r : . }. ' .. }', :+pY. ,.MMMI-, -. �^... , �, : �4' SIR. ♦-111� .- .. .. .M:! t t " £: " `•4 # . .,'. .. .. s .!1...,,.w .war �r.r. t!M.. w.�:wis :r�+�rwrtx ;rYYr-..�r,rwY rrr" i { `a�%- -. :. ,... ... s. .,...."'...- ...:: ,,.. .,,, ..;.". fir., .,ts:. ".....,,.," .�., -.,. : ,. .,.,. rri+.�n Yrwi;�rwr,. � � ,E ?w », , a 2 - .. ... ?{>�Y,�. (j.�///) �/jjj) Vqat, „ ", "' .. - . , wwv �.„. >';N�,,+ w„kiW>w.. �»p,�,.,W,wa., „w:,sesu a.» Ys,r,v.+ :zsr,.x+.,,e.+. .w. m xw.,,.,..r�m .. , x s, I' i♦,'� • ffJ Wn ,M•y.aY. n - .\v.. Y,.i �. e.w.y'w,, ., ., t 3 ,: Py,s;L"," !'"` . =i �F - fis tx, • i. -2� st' ,z. "x£;' "?.. I . �, II.,II - I. .,!I I ,1".-.AI�I -"1�I, � "�1 1�..--. '. 1. .I : ,�I ...,I�..�-�� I * I I I I I�.I -. I.� - 1- ' / . -I 1�W- .I I �. I . I , �,O # .-.1 ?I ��- .IF- .I � . I. - -I1I . 1�. m .I" k /,"I I1, .1Y�V.1. `II6I-I 1r1 , 1� :).J.IPI , ,.I I 4I � 1�I ,'�.,..1 -1.-.,. I1I I,.Ir I " IY�� I 1I.�..-�i. 0--- i7�-.'� 1Ii1I I�I I ,' ,I� . 1I,I � 1I�1I.� . , I ,t- I -1I -I 1 �:.�1III .I��. .I ,.1 . .I " �I .?,I'I,�,1-1 '. ,1I ��..I.� I . I �1-., 1I� . , �I.1 .,�.\-�'1,,. -, III , - . II ,�� :I. I, '., I1.2� 1 1I I I.,-.,�/II .,,.l, I11 1:.,1�UIII,I,,UI 1 1I .�- '..I fl y3 l�L.r1aI-PAI r,"" " ..mvro,w,: - _ rt 4o- 93°°° fl . .:f' ° <x d - - I .'. L 1�Iip I .I. �-,�I � ,I - 0,I .I AI + ]jib%{y�✓ (r -� �'...,,... , ! '+ � • »�J f ,'3 yFr <.... �E'F,F Y , fi. M, iY ..,'" ,I k., ulbw f ;�rw+V f ♦ l ,.k.».>' .:. "F �o a ' , c I♦ I ) t 'f,{ "' t ♦ c . - "� J' Ik� i Aa � - w'•k.;Q.. �.} .. $<y£< � 4�a. �<' "ore .. < C5i - :a �}!" {�',Y � y".' \,'",�%' 3' : ..,..< ....tWre Y' <0.+..,.. ?i4 f'i' I .,,.. ... ... , .... "'A ' �I 1,.. t K.4 "�+' b i;.TC, .+.Y�d ,.o '`Jc 6 ii,�.F's, � ,. � - .. - � .� � .. � 5x ....�y, 6,. S�'. P.: ' € A�, ° .. .:. .-<. /, `'..w„ I - : flE. ;4 �� .x _ 't3 'SE, avN- t ,q � ) - I i<^ '$ �r,, t r ) It • 1"111`� q g - :; ate , t'C i• 2 I~ 1. "♦ Z+" ` T 1! R T . N f� {.� 3'� : .. " , -: .... - . j.. i+` � T 1 ypl j "�.. V tip✓ - - 1 " ?sY - • �`. /� i'.wF,.." .w,., ., m'G�"„ '{ d . °{ :°f ,4 '.k^'' "y i` 1:<„ # A' -'S'i .. . � I - i .a: 1 . F. .. ,'\ - e v - - - . 'L. b` , 'J Y." J ,I::,<7 4i- R' 3 ,.o Y4. ,. ♦ �► .r VI/ fwi► �.g .- - . ,. . ,v. " ,.Y?'„?4x .$. ," v�`r..>Q�. � a 'F3,sets' - .� < w E 5 it��....a� 1 C- 1 t l' I, ' "i � I ! C; ggU , y : f k, rate, t ♦ - - �tl�'I' i'1 I M H�i GgN1"'dLU�'1.1"A�t!VA T'P IAT" l✓t?1. G-. . teed,, . G►1'IO .I , , I INY 1AWAT10W 00: 1 �T5NTIDN 1 W�TeM . I. �. r 147 �. t2-17. In 0.' v . { o . � i wN 1�'l ' r M11AVAT"ror:WPe I P �' A W L2 0OWK . % . . , . . IN " . 0 .. . v1 1 1�,1441 A . , . ,. _ - _ - i . / "" - - CM=Mm= J6 il 'h 4z bl&1111� 10 WA' Standard, N 6. 0C. W, 3 All"vcon'structi6fi" shall b�" i, c a n� accordance, with AP 'Construction 'S e` if icitiont for , Nuot6pal , Public� Work s, it1oh_-,And,City ofldnlondt Sa taindArds A, WU :z ge . sys am thal 1_ be constructed according.jo the 4 appr6yed''plans: whith art- on, ftl6, in,,the�' 31 84 City ,of, , tdmonds Ay -,deviation from tho, approved' 01 ans:� Dei 'Engineering r rtment wr t will.req4jre. teo a�p v me ro from tfie'Dep4rt K A copy 0, -,these approved -be 'Site -whenever Plans, must -,-jo4-�the job construction 100y 125� W �114NA -is in progress.,, ui� Ay A 0 0 co N 0 2'' Al f �sed I'mentit, ion��ros jo t A n ac -it its must be -in opera '0A0 t�N 9 e9r, tion:'jprior to, �3 c ear ng a V to to , 0 V 11� must , be hd ,buildifig�_constructi6n#' and,, 'they It AW e�_ I and' the, 4thtained, 'Until,' donstructi.ovis,c6mpleted cq t pq 4ntial for on 'i 0 I� N P* 6TAWAKr-2 passed. co, (0 I 5'. Al 1, retention/deten'ton acil it must,,: be in :z instal,lod 'in& 16'�l "t C� '�gpa'- , o' W n conjuk�iojn, with, all z tIt, I I I I I I ''I " I Nil ac construction � -if V,� 1i �',4 'A F ti'vity.unless 'otherwise api:iro0d,by the department, 4- i"N C%j k e,:An ap a a on -A operly, Prepared Z �z otin ation acco io'n:, 5 m T: CL 'the current State W 0 Of 144thifi ton tandard' Sp',' 4 ica i ns for Road and_ Brid4e & a in I �neces$Ary'level ifio of thetrench ......... onstr 41 C luction. is.sh 1,�Jncl bottom', or the, t t n erial,as well"as placement' WvT VA 11 L,,T� and,com attiot �e in a 6riaj�rl to -uniform -grade so '46T. 10 W thW that, entire,,,14ngth 'of. the:',pipe wi4-;,be,-'wp0orte&,on',, a z uniformly'; dense�'unyieild! (fig base; if tha, hat ive. material the ,?OAN, WAY t "'RAM, ev; AF; 4 P Zp 'T �HAWH69 'IT. MIK 4-1. P�o a tit;- �"Graval: 84ckf il I* bottom Of the trench. moets�'the, �reqUirii a ts,fo in r `Udding" j'�the'�f ir;t lift..'Of P pe Pipe f ' bedding, may be omitted'r, rovided'the�,*aterfal in th' -is' I regrad ad 'and toipactgdto� form. a. dense. unyjeldino�. base.. P a bottom of th tranch oos6nid,' r E too. v MI, 'It, g _\,": "'I'llot �y , "".. 1�,,�_n,111�11��,;�, ____ _ '" - 10, "It"", of "d6watering am, 'shall be in IV cc 0 a APWA,Stand 7i 7'Onstruttion a ordafic' w th.th WI/V FTA PkAIN 41 agrd S pec if JCAtrion,, Sect.ion 61,3.'02. ru t;q �n i Ga vanized p, pe-.ut fted at detention fac ll have Asphalt Treat WA T I I A.4 or better,tinside,and outside. W/ il'ities shal ment, AF A I'll x 9 Opan�cuts:through,eii�ting publ'ic'ri0ht-�6f-wjy Wil ot be:allowed 170rr-I?� OVI��K Ae> L Unless,, specif ically approved'by �.W tCity, d ear ng of, Edmon S, Department. V nit, :En4in for, aros io I n pro action "of h Z, Rock. 0 t ireu, t, -be of sound q apt4. of V 'Must W meet t a fol loWinj-, specif icatiohs t 40 -87, �ock/40-70i�-'p'a'�s�s'i'n''g�" . ..... qq#try :, �1 a;gd to a d 2!1 61 /1040%, pass Z Elf - W z ru U-40% PASSijjg��and `4" e6tk 4" ck/3 in Ty < 9 downspofti:'ind T `t4 �'Al 1 buildin -fo6t'ino drains I s hall, be 'connected to Fa _E L A U te he :sto d-,systemi, �vnless,, a oth�rwise. a proved,�by, the n t Enginee i 0 Z ng,pepArtment' Kjff 'respbnt W a for� �providing_ adiqui 2. tor -shall,", bei te Ul k� sa equa' 7- 1 1 1 V , i I The - in t�nAO : 11 i A ft Hsi 'safety &vices,T �protective equipment, fl4ggers, and, 0, A any otherneed6d actiont, 'protect,,the j ifej' heal th;,,And safety b 04 e roper y An connection with the 'a traveled tliotoof -wAy that may: Pm4l',traffic flow sh� V 't nY wor withiwthe f of Work covered by the, contract; A w k,: llib*tj V) ; - and, protect- p t, In 1� of :'that pd,bl it -to A require av least', Ooa:,.jl afi6 of traff ic - af feCted aggor: �'All. sections- of,,the, M.-L Sp if V x elfv V S� i4tions 1�07'.'2,9 ...... .... it control �thall M, i"', fors a 7 app, n,�,xr,t �r�,,tMj k y A rr % X Ut I I Ity Otat" ions 'are a OX "OUP*M, ant M K on"o �w r P't AZA t g pproiiia a on y. t,shal1r'beJha 1 6 conttructio6.� R ractdr�s �,resoofisibil'itj� to�`Verii`Y�,Tacatib s 4nd Inverts p or v w-1 ZA&� -z;�J, tQk j Unless othetvise,-noted,�,,stoi�'4�ai�,�io�'-sh jl ar gasrketed cO6C�,et8-jASTA1Cj4-11 fOr-12"'dianitter orless,,. and, ASTM,'C76-11, 0� iH 1�x -771 for,� greater.- than.� 12" Alameter) �4al�anized:,'stoel 'With asphalt, Al alantnizOd ;stdel,, (16.- pug v, m n.) hel ically c0tt'ifig; ad Oetal! Oipa�,with- �Witett --bands; or PVC :'.0orruOte S ight connecting,' Sch oule 40,,'(D1785,'SDR 35- 'Joint F477: "'s A, IOStallation,,ASTH �,A$714 D2 66;, Gasket ASTM' D2311), L AW "use, dissimiljy,-_ 'metal�. w thin the, . ...... Al 1, .11, , , . � , IS. 'I'/ 1A f to 4. 'detention .sYstem,.. It, shall be -his; responsib.ility: to provide 1��' adequate elettr6l tit i's f, n "HI N VA, 00 y ul t'i K '11 K leaning and',f us 'al I J 1 16., T, ontrattor,shall, 6e:r4sp6nsifile f T, f �h , , , ; ;I: S7EC, -no in publit,right of�wauy prior to,' the -Z c y tr*.drains ner� N U. j N, 17. All 06inouts -as othe� in paved, areas and rWjso,�:shown, all be, ext, grade and,'fzjtti4,With'.trjvff ic ers' 'sh A V Yi� I n M of finished,grade and. thd,l ocat to bearing 'cov 0 ma ad. Pi, A �.Cleanouts_not An payed- areas:' shal'l b a -.extended to:, with "I FM IKKIAA' I, N. tH 3� V 16 Asphalt concrete pavement -shall'' be placed ,An accordance w i th t W.SoD.,O.T. StandArd,.Soecific4tjonsi, Ai Uj Wxl�� ON -Ty J V 0, are: new', paving -matches ex tst rig paving,'.. app y, tack coat for proper I seal ing peix6ty'6fl�dlr4r405 -t're uirements J, It h �Ie2; 1,# �p �w. ;Ile informati64 hsed� on survey by 20. Exi�tinq* boundary �,afid t a H Oank,land Associates ated -January" 10, 1989. A G Z A 'IMP IN Peovir2r, iftgS� OrrUtill ty' trenches.on existing traveled 21 Opoh cut -'road cross roadway','Aall, bet' backfilled only with r 5/s... minus pea gravel o &4 f crushed- rock.. and medinitally. ebop'Acted. Cuts, into the-existino *0W,r;W 44NN neat ind,,,cuti w .1 th saw or, ac ammer: n a z continuous tj i ne. -'A temporary, cold,.mix, Oatth-,m 'M Ililmediat I kh ... .... .. . ..asp a z,, �sha be- U Ust: be 'pl aced a, y after backfill and compaction'. A 'OermAnen, t , hot, mi Ar r;� w S., I f patch shalI be: plaied Within judaysand,' shall 'bathe thickness of 0 N, 0, �i 4 M A the. origrinal asphalt or two itichesi-whichever Js greater; FO X a 22. $01:'coinpictioh t ordafice Wilt ASTM D-1557 .(14odifie W/13 TON 9T t, shall be in 4�c P t r). -d' '0" 7P. r OT roc 0 W .......... . nitum'r, 'be City`: f- MAI N -4 -0 PIA 0 23 sfial 1. 0 W(P Y ,A c ZWOMMItIZIM IM1,19MISIMMIMIMM mmff 1`11i nalm M M M lici MIUM-MMIM in IM1,10ME13 Edmonds datum., 'Bin In ElevatiQn.L r n of�2hd Avenue and �MAin Street bol t on,the'bdn6et,bf. the fir6: hydrant located at iy;� a 0 4 9 as, n o dmondsInglne6ring,pe' he S.W. Corner,of theInte'sectio' Kill 14 . I � X, o WILTKATION FIT -S partment Field Book,No it, x -1 w , t� -- _ I r W 4 P a 3 Uj_ I ZVI N4 AWAW T14AT A `A I N "R 8 0 1) OF, 20 1'4 z WM H r-, t 2 A , A\/r-,I,. !7" 94- F16or J�ajriaye,. PjPe_ 5ha I I b e- A5S,or PVe,., - pWV Z, ty, 4 i 49V5$Z ATZAVr-_L� W/ F- AW .. ................. KINO ANP /0 V A 00 L. T RI�WrR te�,%OK - PO LL U TION L26V 1645 f=-4 Rr frj!/A,..I2r<AI K5 vr5ple)tle! AlrleI21_41�! eir OPI!NIN14 -r/4, PKA I N Az mof:- *�Ag �/r I� tt,- CAAIIrAk"��11 Ov . . I � V.! 11 `4 ANP P1Rr-_&-,rL.Y OVt!r< -rHr-. I�A POW- ;C11 N rW --r 1:-6 4,0. 73 LIN r:: 67 N VNA] -;el T Y r, F 9i r-10, �W, tZ WA, AT, 1:`5 KA PC- (MATM I�X 1 t2l 6096 z VA_r 10 611,� ?W/ 151 1 T,E'� 0 K A I NA 61 KA,9145t FLAI N A SI,,, 2 1 i N 67 f 1 6 'r,-) < 1, 6 rj W TO 0 E Xx K)rl IT !N C i FOUND A, Ntl rk,04 r A)" 14ktf E, S X 14:�O.T ul _ri� 67UTLC-,-r A FWA' T Pr _!L2__V. W1167 41 r Y P e If K E�:A, 57-r �/O N W10It../WA_r5K,� Plve; 17 A PA r-"' W f )211 /,IOU P L I N r. I t;_ 1,t2 Vr-, 1�� I F:X call Mrr-,NTION -57Y!�TP�M A2 A�z MIN W 1'7. i!;�O, -NP F;LATE A40e- I JK j0& Pt. IL �- A!�k5:r�V r-�) Ile r WW 7HKINI< L, r-,A N 6- 0 N 4 a *Upiv UJI _IROU'r (1�� wow* Uj W 6A L.�/- TC a PL-A , W1 �j 91, (P �?KIF16 r::-. LAWgR RUN41; t MH 1. r" 14. 7 1� wm/ UK A Uj ALL INFORMATI w, ONONJHIS�DOCUMENT W-5 z r-A SIVE. PROPERTY OF: I ON 7 151ff4� XCLU FLOW 6ON7KOLI, T R U 6T U FN AS THE E C. HARVEY R. DODDA ASSOCIATES, IN 0) COPYRIGHT 1989 J0 .................. B ............ MtT PERMIT CoUnTER F I x- {� y I Ya � t'7 r r{ M :. ,.., ... w'. .. ..�..�„�,u..�.�5,.,...e....:�+...,....,.�:w� ..,,:.,:.4.�..� ,..:t:. � :. .: ; . r'. (y� +�yy"�(+ yi jt+. �yx,�,y■ yvy{ �' ��,f'� t �t „ « .Y, a'�.t 3. � ..t.r. s, .. ,.:, § '"UY S, i�,.1, ea• ,. ,. . - ". � }. ,w .a� l x Y�xL.- 2 „4« 3u v, �^ wJ ..ttU u.&.-r ,:, , , ... Y., i-. £., ♦', :..h r t iJ l #�! W�� W A � w +' �i _.. . . i .2.... ,uY - ._ ,ue 'n s :>•. v,r .'. nv,",ut„ �: V.: "u'.h-x t ,vz;+bw: swwi {'�"4r' �,y �,X,r�v�r'.'A"K �s"�. � me wk�' iw� :J.S'k' "?� Tr 7,n rN, 7 'r T,,VN ?�i C;ll 1�1 1), 11 .� s 1�1.1- �- J, P-1% Vd.4 A m i LOVELL-SAUERLAND & ASSOCIATES, INC. 19400 33rd Avenue W. Lynnwood, WA 98036 REVISED DETENTION STORAGE VOLUME CALCULATIONS FOR EDMONDS FINANCIAL CENTER ASSOCIATES Second Ave. South between James and Dayton Edmonds, Washington Prepared By: OCT 2 3 INTRODUCTION This report replaces the -original report dated 9/21/95. It provides the basis for the detention design for improvements proposed for the subject property, and addresses comments made by the City during the first review. The design is based on the City of Edmonds Storm Water Management ordinance No. 3013 effective 3/31/95. Due to the level of redevelopment proposed for this project, the code requires that the entire site comply with the new standards. The ordinance requires postdevelopment runoff rates to match the predevelopment runoff rates for the 10-year and 100-year 24-hour storms. The assumed "existing" condition for establishing allowable release rates is lawn, with a SCS curve number of 85. (Soil type is assumed to be hydrologic group C.) The proposal includes nearly 100 percent impervious cover, giving a postdevelopment curve number of 98. The site has no tributary offsite areas. The times of concentration assumed for the predeveloped and postdeveloped condition are assumed to be .10 minutes and 5 minutes respectively. Rainfall characteristics include a hydrographic shape of an SCS Type 1A storm, and total precipitation (interpolated from SCS isopluvial charts) as follows: 100-year 24-hour storm 3.0 inches 10-year 24-hour storm 2.0 inches 2-year 24-hour storm �nches An allowance has been made in the detention calculations for bypass of runoff from future impervious areas. This area is assumed to be 0.33 acres, which is 25 percent of the - undeveloped Parcel B, or about 16 percent of the entire site. Since it is not known how Parcel B will be developed, the location of the bypass area is hypothetical. The detention volume has been sized to allow the bypass to occur without exceeding the allowable flow. Therefore, Z the peak discharge rate from.the sum of the bypass hydrograph and the detention pipe discharge hydrograph are less than the calculated existing flow. SPECIAL SITE DRAINAGE CONSIDERATIONS This site is located on relatively low .lying land near the Edmonds waterfront. Due to the need / for parking under the building there is some concern that tidal flooding could occur in the areas which are excavated below the existing grade. In a telephone conversation with staff at the NOAA Pacific Tides Field Office in Seattle it was indicated that they have 100 years of data for the Seattle Area. The historic maximum tide for Seattle was in December 1977, which was the result of a large low pressure storm in conjunction with the winter solstice. The tide level was 14.63 (MLLW datum). / To adjust the tide for Edmonds, a correction factor of 0.96 must be applied, giving an equivalent historic high tide of 14.04. The elevation of the water in a drainage system serving the site could be higher if storm runoff is flowing at a high volume at the same time as the high tide. Such a situation would result in a backwater, since the pipe system to the sound has a limited capacity. N o ` �— g r .p� Lovell-Sauerland and Associates 33 Page 2 f � l� l a V, , (� /I mac( C. S�'�� The finished floor elevation of the parking garage was originally identified to be 13.5 feet. Since the first report, that has been modified downward to about 11.08 feet. The floor of the garage is not particularly sensitive to occasional minor flooding, although such flooding by salt water is not desirable. Floor drains in the covered portion of the garage will be drained to a sump, for pumping to the sanitary sewer. The overall drainage design must consider various factors involving peak flows, tides and water table conditions. The following were selected as design criteria: 1. A maximum potential water level in the storm system is assumed to be higher than the garage finished floor under peak tide and storm loading. Offsite, such a level would result in widespread shallow flooding in the ferry holding lanes. It would be the result of peak storm loading on top of maximum high tide loading, and would be for a relatively short duration. 2. The potential maximum water level in foundation soils is unknown, but could be a foot or two higher than the surface water elevation. It is assumed that with foundation drains installed, the groundwater level in the immediate area of the foundations would not stay high for long periods, but would drop with a drop in the tide. Since the ground water elevation could occasionally be higher than the lowest parking level, it is not desirable to have an uncontrolled hydraulic connection between foundation soils and the parking lot surface. 4. It is preferable to have no uncontrolled hydraulic connection between the detention system and the parking lot surface, or between the detention system and the foundation drains. A full detention tank should not be allowed to backflow into either location. The detention system would drain all surface drains higher than the parking level. If the detention system outlet became plugged, overflow should come out somewhere other than the parking area. 5. The detention system design should consider the effects of buoyancy in a high water table situation. With high ground water conditions, and an empty detention tank, the tank may be subject to greater buoyant forces than could be balanced by the weight of normal earth co er. The means of addressing the water elevation concerns is the installation of tide gates, in the form of flexible rubber check valves. Two are specified: 1. The first isolates the detention system from tidal backflow. / 2. The second isolates the foundation drains from backflow from the tide or releases from the detention system 3. The parking area will be drained using sump pumps. Areas under cover and not receiving storm water fromdirect precipitation will be pumped into the sanitary sewer. The areas receiving storm runoff will be pumped to the detention system. Lovell-Sauerland and Associates Page 3 0 0 4. With the amount of cover over the detention tank, the detention tank buoyancy issue is not a problem. The weight of backfill and the catch basins exceeds the buoyant uplift which would be generated by submerging the pipe. DETENTION STORAGE CALCULATIONS Two alternatives were considered for detention storage. The first alternative would only provide detention for the portion of the site currently being designed. The second alternative included detention for the future redevelopment of the entire site. The second alternative proved to be economical, in that for a small increase in construction costs, a future construction project for a separate system could be avoided. The following calculations address the build -out detention requirement for the entire property bordered by James and Dayton Streets, Second Avenue and S,R104. Calculations were performed using an SCS-SBUH method to estimate, hydrologic performance. The software used is WaterWorks, a commercially available program designed for this purpose. A pipe configuration was specified in the calculations, but an attached spreadsheet provides more detail. The printout from the analysis follows the summary tables. CALCULATION SUMMARY -- FULL SITE ALTERNATIVE Recurrence interval: 10-Year 100-Year. Predevelo ed discharge 0.47 cfs 0.83 cfs Calculated design discharge 0.48 cfs 0.80 cfs Calculated detention storage 812 cf 1504 cf Lovell-Sauerland and Associates Page 4 • DETENTION CALCULATION DETAILS -- WaterWorks printout --full site alternative BASIN SUMMARY BASIN ID: OOB NAME: 100-YEAR BYPASS SBUH METHODOLOGY TOTAL AREA.......: 0.33 Acres BASEFLOWS: 0.00 cfs RAINFALL TYPE....: TYPE1A PERVIOUS AREA PRECIPITATION....: 3.00 inches AREA..: 0.00 Acres TIME INTERVAL....: 10.00 min CN....: 85.00 TIME OF CONC.....: 5.00 min IMPERVIOUS AREA ABSTRACTION COEFF: 0.20 AREA..: 0.33 Acres CN....: 98.00 PEAK RATE: 0.21 cfs VOL: 0.08 Ac=ft TIME: 480 min BASIN ID: OOE NAME: 100-YR EXISTING SBUH METHODOLOGY TOTAL AREA.......: 2.07 Acres BASEFLOWS: 0.00 cfs RAINFALL TYPE....: TYPEIA PERVIOUS AREA PRECIPITATION....: 3.00 inches AREA..: 1.37 Acres TIME INTERVAL....: 10.00 min, CN....: 85.00 TIME OF CONC.....: 10.00 min IMPERVIOUS AREA ABSTRACTION COEFF: 0.20 AREA..: 0.70 Acres -� CN....: 98.00 PEAK RATE: 0.87 cfs VOL: 0.34 Ac-ft TIME: 480 min BASIN ID: OOF NAME: 100-YR DEVELOPED SBUH METHODOLOGY TOTAL AREA.......: 1.74 Acres BASEFLOWS: 0.00 cfs RAINFALL TYPE....: TYPEIA PERVIOUS AREA PRECIPITATION....: 3.00 inches AREA..: 0.00 Acres TIME INTERVAL....: 10.00 min CN....: 85.00 TIME OF CONC.....: 5.00 min IMPERVIOUS AREA ABSTRACTION COEFF: 0.20 AREA..: 1.74 Acres CN....: 98.00 PEAK RATE: 1.08 cfs VOL: 0.40 Ac-ft TIME: 480 min BASIN ID: 02B SBUH METHODOLOGY TOTAL AREA.......: RAINFALL TYPE....: PRECIPITATION....: TIME INTERVAL....: TIME OF CONC.....: ABSTRACTION COEFF: IM NAME: 2-YEAR BYPASS 0.33 Acres BASEFLOWS: 0.00 cfs TYPE1A PERVIOUS AREA 1.30 inches AREA..: 0.00 Acres 10.00 min CN....: 85.00 5.00 min IMPERVIOUS AREA 0.20 AREA..: 0.33 Acres PEAK RATE: 0.08 cfs VOL: CN....: 98.00 0.03 Ac-ft TIME: 480 min Lovell-Sauerland and Associates Page 5 0 • BASIN ID: 10B NAME: 10-YEAR BYPASS SBUH METHODOLOGY TOTAL AREA.......: 0.33 Acres BASEFLOWS: 0.00 cfs RAINFALL TYPE....: TYPElA PERVIOUS AREA PRECIPITATION....: 2.00 inches AREA..: 0.00 Acres TIME INTERVAL....: 10.00 min CN....: 85.00 TIME OF CONC.....: 5.00 min IMPERVIOUS AREA ABSTRACTION COEFF: 0.20 AREA..: 0.33 Acres CH....: 98.00 PEAK RATE: 0.13 cfs VOL: 0.05 Ac-ft TIME: 480 min BASIN ID: 10E NAME: 10-YEAR EXISTING SBUH METHODOLOGY TOTAL AREA.......: 2.07 Acres BASEFLOWS: 0.00 cfs RAINFALL TYPE....: TYPElA PERVIOUS AREA PRECIPITATION....: 2.00 inches AREA..: 1.37 Acres TIME INTERVAL....: 10.00 min CN....: 85.00 TIME OF CONC.....: 10.00 min IMPERVIOUS AREA ABSTRACTION COEFF: 0.20 AREA..: 0.70 Acres CN....: 98.00 PEAK RATE: 0.47 cfs VOL: 0.19 Ac-ft TIME: 480 min BASIN ID: 1OF NAME: 10-YR DEVELOPED SBUH METHODOLOGY TOTAL AREA.......: 1.74 Acres BASEFLOWS: 0.00 cfs RAINFALL TYPE....: TYPElA PERVIOUS AREA PRECIPITATION....: 2.00 inches AREA..: 0.00 Acres TIME INTERVAL....: 10.00 min CN..... : 85.00 TIME OF CONC.....: 5.00 min IMPERVIOUS AREA ABSTRACTION COEFF: 0.20 AREA..: 1.74 Acres CN....: 98.00 PEAK RATE: 0.70 cfs VOL: 0.26 Ac-ft TIME: 480 min HYDROGRAPH SUMMARY PEAK TIME VOLUME HYD RUNOFF OF OF Contrib NUM RATE PEAK HYDRO Area cfs min. cf-AcFt Acres 1 0.408 500 11166 cf 1.74 2 0.706 500 17424 cf 1.74 11 0.482 490 13284 cf 2.07 12 0.795 490 20729 cf 2.07 Lovell-Sauerland and Associates Page 6 STAGE STORAGE TABLE UNDERGROUND PIPE ID No. PIPE Description: PIPE Diameter: 5.00 ft. Length: 90.00 ft. Slope...: 0.0100 ft/ft STAGE <---- STORAGE ---- > STAGE <---- STORAGE ---- > STAGE <---- STORAGE ---- > STAGE <---- STORAGE ---- > (ft)---cf-----Ac-Ft- (ft)---cf--- --Ac-Ft- (ft)---cf-----Ac-Ft- (ft)--- cf--- --Ac-Ft- 0.00 0.0000 0.0000 1.50 283.00 0.0065 3.00 905.70 0.0208 4.50 1519 0.0349 0.10 0.4686 0.0000 1.60 318.93 0.0073 3.10 949.97 0.0218 4.60 1551 0.0356 0.20 2.6343 0.0001 1.70 356.17 0.0082 3.20 994.00 0.0228 4.70 1582 0.0363 0.30 7.2150 0.0002 1.80 394.52 0.0091 3.30 1038 0.0238 4.80 1611 0.0370 O AO 14.717 0.0003 1.90 433.90 0.0100 3.40 1082 0.0248 4.90 1637 0.0376 0.50 25.549 0.0006 2.00 474.16 0.0109 3.50 1125 0.0258 5.00 1659 0.0381 0.60 40.040 0.0009 2.10 515.23 0.0118 3.60 1168 0.0268 5.10 1686 0.0387 0.70 58.480 0.0013 2.20 557.02 0.0128 3.70 1210 0.0278 5.20 1709 0.0392 0.80 81.113 0.0019 2.30 599.30 0.0138 3.80 1252 0.0287 5.30 1727 0.0397 0.90 108.16 0.0025 2.40 642.28 0..0147 3.90 1293 0.0297 5.40 1742 0.0400 1.00 130.02 0.0030 2.50 685.51 0.0157 4.00 1333 0.0306 5.50 1753 0.0402 1.10 155.98 0.0036 2.60 729.10 0.0167 4.10 1373 0.0315 5.60 1760 0.0404 1.20 184.71 0.0042 2.70 773.11 0.0177 4.20 1411 0.0324 5.70 1765 0.0405 1.30 215.67 0.0050 2.80 817.27 0.0188 4.30 1448 0.0332 5.80 1767 0.0406 1.40 248.51 0.0057 2.90 861.46 0.0198 4.40 1484 0.0341 5.90 1767 0.0406 STAGE DISCHARGE TABLE MULTIPLE ORIFICE ID No. 0 Description: ORIFICE RISER Outlet Elev: 0.00 Elev: 0.00 ft Orifice Diameter: 3.0000 in. Elev: 3.26 ft Orifice 2 Diameter: 2.5000 in. STAGE <--DISCHARGE --- > STAGE <--DISCHARGE --- > STAGE <--DISCHARGE --- > STAGE <--DISCHARGE --- > (ft) --- cfs--------- (ft) --- cfs-- ------- (ft) ---cfs--=------ (ft) --- cfs--------- 0.00 0.0000 1.60 0.3089 3.20 0.4369 4.80 0.7496 0.10 0.0772 1.70 0.3184 3.30 0.4973 4.90 0.7618 0.20 0.1092 1.80 0.3277 3.40 0.5262 5.00 0.7737 0.30 0.1338 1.90 0.3367 3.50 0:5498 5:10 0.7853 0.40 0.1545 2.00 0.3454 3:60 0.5707 5.20 0.7968 0.50 0.1727 2.10 0.3539 3.70 0.5897 5.30 .0.8080 0.60 0.1892 2.20 0.3623 3.80 0.6075 5.40 0.8191 0.70 0.2043 2.30 0.3704 3.90 0.6242 5.50 0.8300 0.80 0.2184 2.40 0.3784 4.00 0.6402 5.60 0.8407 0.90 0.2317 2.50 0.3862 4.10 0.6554 5.70 0.8513 1.00 0.2442 2.60 0.3938 4.20 0.6701 5.80 0.8617 1.10 0.2562 2.70 0.4013 4.30 0.6843 5.90 0.8719 1.20 0.2675 2.80 0.4087 4.40 0.6981 6.00 0.8821 1.30 0.2785 2.90 0.4159 4.50 0.7115 1.40 0.2890 3.00 0.4230 4.60 0.7245 1.50 0.2991 3.10 0.4300 4.70 0.7372 Lovell-Sauerland and Associates Page 7 0 - 0 LEVEL. POOL TABLE SUMMARY MATCH INFLOW -STO- -DIS- <-PEAK-> STORAGE <-------- DESCRIPTION --------- > (cfs) (cfs) --id- --id- <-STAGE> id VOL (cf) 10-year ...................... 0.47 0.70 PIPE 0 2.79 1 812.61 100-year ..................... 0.87 1.08 PIPE 0 4.46 2 1504.47 The final detention pipe size, and release orifice diameter is adjusted to fit the actual site conditions, within the performance characteristics calculated above. The following spreadsheet gives greater detail above the actual design. DETENTION PIPE SIZE Estimate of required detention storage volume = 1505 cf Assume a det. pipe 48.0 inches, diameter i Cross section area = 12.6 sf `V Usable vol. of Usable vol. of 2.0 Type I CB Type II MH 6.0 sf/ft = 54.0 inch dia = 127.2 cf cf I Usable vol. of Type II MH 72.0 inch dia = cf Usable vol. of 18.0 inch pipe: ft long = cf Usable vol. of 36.0 inch pipe: 4.0 ft long = 28.3 cf �f Required pipe volume = 1349.5 cubic feet kh Required pipe length = 107.4 linear feet Length of pipe used = 115.0 FT. Storage.provided = 1600.6 cubic feet V Minimum grade elevations: Top D/S detention CB 16.47 with 2.50 ft Overflow clears Top D/S detention CB 15.34 with 2.0 ft cover Top U/S detention CB 15.97 with 2.0 ft cover Min Grnd surf. elev = 14.47 (over any inlet: 0.5 ft above Inv elev at U/S end = 9.92 Max water surface elev 13.97 (detn. pipe sl. = 0.50%) Invert elevation = 9.34 CALCULATION OF OUTLET SIZE -------------------------- -------------------------- Required release rate, orifice 1 = 0.460 Required release rate, orifice 2 = 0.300 (� lip S�n 0) Orif. Elev. --H,-ft------a,-sf----d,ft---------d,inches . ---- provdproud -------------- ----- SIL( 9.34 4.05 0.046 0.24 2 - 7/8 0 1D 0C 11.54 1.85 0.044 0.24 2 - 7/8 874 . .� -0 Full storage = 1601 S -------------------------------------------------------------------- �. area, a = Qdo / (.62 x (2 x g x h)**.5) g = 32.2 orifice diameter, d = ( 4/pi x a)**.5 Lovell-Sauerland and Associates Page 8 Vj 0.8 L CU 0.6 L 0.4 .a �Q 0.2 L 0 L 0 maximum volume 100-YR TARGET RELEASE 500 1000 1500 Detention Volume, cubic feet 2000 Lovell-Sauerland and Associates Page 9 Edmonds Financial Center Assoc. MAP OF PROPOSED SITE', CONDITIONS LSA No. 3383 1" = 50' `I / + ems``• �I -; �� DEVELOPED AREAS: ° / ;I ' •"�` %\' ``' `°I � ;�• Assumed 100% impervious /f a �' =�; �:• • trtrek' a�' �V � i PARCEL A Driveway/park area = 0.2 ac Roof/landscape = 0.489 ac ' PARCEL B • �'� %--4— I� �' Assumed detained = 1.8Wac b Assumed bypass = 0.33Ac a � (A conservative (25%) ; j 9 0 , ,k. , allowance for future design constraints) CIA � . •� 1 ,� '- g Vic* u g•/ J 1 1 . stlFaL Boon,l! II l 1 ',� /•// • i, i / i . T r it , -1 ----- i1' a { 1 I . I / I 9 LA I W < I a W 1 o I• ------------------ Ip '1 -'4Y a d I = 1 1 I m .. 1 min , o � �i.l •� 1 a,L.r I b WT iR I o r--- - - _ o• If _y Q v- J• U 4-0 _ .a.... M M.,7Y • • - \ 9'' Is Edmonds Financial Center Assoc. MAP OF EXISTING SITE CONDITIONS LSA No. 3383 1" = 50' • "� �• APPROXIMATE AREAS: 19 PARCEL A • 3' .� ; `� Impervious = 0.275 ac Pervious = 0.414 ac / s,'s �. /� tea, .. •""� "..] . � - I �1 ,� / ' • `�'� a to `. � \ ' r� / � a PARCEL B •ry- Impervious = 0.69 ac_�1>,rr Pervious = 0.64 ac ; ,leIn o / Ft jr p•° — f— — J'---------- _J------- — • / y 1 • o Y • �� L Soon. Ilr r '`• �J •\ I I1 • �— I A I r 1 •' III I I a m 1 _ -- _ ` I NMC l0r u[ � W < ....-.... . i II ' i d 1 I { ri I j a;^s z I q •r" a 1 0 1 a•r ^BNB ,; I, �• rm -1 � i � k9 '�`xi �. fl -. �i�"'C9�,��'i I � I I a All* p, • - i ...-r____ '--uua... '� ' _ _— ___ 1 n/ ' _ Ir :___ G C U 4-0 • er.rYY • ' 3. INTRODUCTION OF NEW SERGEANT Police Chief Tom Miller introduced Sgt. Jeff Jones who has been with the Edmonds Police Department for 14 years. He provided Council with a brief summary of the highlights of Sgt. Jones' career. These included, among other things, Sgt. Jones' participation in the Lynnwood serial rapist investigation, for which the perpetrator received a sentence of 77 years, and being the lead investigator in the Yost Park incident last year for which three young ladies were recently presented with Commendations for Bravery. Sgt. Jones started the Police Explorer Program in 1984, and again this year won the award for Best Explorer Post. On June 15 his appointment to sergeant was made. Accompanying Sgt. Jones for the occasion was his wife Cheryl and son Kyle. Mayor Hall had the honor of pinning on,his new badge, along with bestowing congratulations. 4. DISCUSSION WITH RESIDENTS OF THE Councilmember Earling disclosed that one of the agents in his real estate office had written a letter contained in Council's packets regarding the trees involved with this discussion. Though he did not feel there was reason for him to recuse himself as this was not a quasi-judicial process, he did wish to make the fact known. Community Services Director Paul Mar provided an historical summary of this issue and called Council attention to the 8 exhibits to the Agenda Memorandum, the latest being an August 17, 1995 informational packet of 11 pages from Kevin Michael Paulich of Wolfstone, Panchot & Bloch, P.S., counsel for Joe and Vicky Wagner, 114 Second Avenue South. Kevin Paulich stated he represents Mr. and Mr. Wagner. He hoped that after this discussion the trees and shrubs that block his clients' view of Puget Sound will be able to be removed. Mr. Paulich showed a picture taken in the late 1980s and another taken recently showing no remaining view. The main point tonight is that these are not natural growing trees but a 50' fence constructed of trees and shrubs. The fence was constructed by the City of Edmonds on City property. It is consistent with City policy that prohibits fences over 6' high. He noted that it limits fences to 6' and recognizes that fences can be constructed of various materials -- here it is constructed of trees and shrubs. Mr. Paulich stated that the City additionally planted these trees and shrubs in a row so that they would grow together and form a fence and block views. Mr. Paulich then passed around, through the City Clerk, three photos showing that the trees and shrubs also block views from ground level. They have made every effort to get the trees trimmed down. The Planning Department argues that the City not cut the trees for two reasons. First, trees can't be constructed and therefore can't be considered a fence. Mr. Paulich said the ordinance in question says that a fence means any construction of wood, metal, masonry, or other materials. Here, the fence is made of natural material of trees and shrubs. Secondly, there must be an obstruction at ground level. Mr. Paulich feels the letter of the law would allow the City to cut trees and give his clients back their view. He indicated he understood the good policy against cutting natural trees, but he wanted to bring to Council's attention the fact that people can circumvent the law by making fences of trees. Mr. Paulich reported that the matter had been appealed through the Planning Department on grounds that it is a policy. City Attorney Scott Snyder suggested coming to a Council meeting for discussion. Mr. Paulich APPROVED CITY COUNCIL MINUTES AUGUST 22, 1995 PAGE 3 further advised that the next step, which they would like to avoid, is to go into the court system on a Writ of Mandamus. The arguments are set forth in the letter in Council packets. Mr. Paulich believes Edmonds' code would require the cutting of the trees and that his clients to be victims of misrepresentation because they were told the trees would only grow 25'. His clients bought their condo with the expectation of having a view. Also, he believes it would be in the public interest to preserve property values for the people of Edmonds because the tax base depends on value of property, and a property with a view is worth substantially more than one without. Mr. Paulich hopes Council will find that these trees be cut down to 6', removed, or replaced with trees that would reach a maximum height of 25', any of which would preserve views from the Mariner Plaza. Councilmember Hall asked Mr. Paulich whether there was any proof that there was a promise as to the height of these trees. He was told that it had been submitted in Mr. Hanson's affidavit. Mr. Hanson is one of the partners that built the building. Mr. Paulich summarized the contents of the affidavit. Councilmember Hall was then advised the identification of the Parks Department individual was believed to be in the packet. Responding to further questions of Councihneinber Hall, Mr. Paulich said this distinction between a group of trees simply growing naturally on a piece of property and trees that have been. intentionally used to create a fence is discussed in the Clyde Hill v. Roisen case wherein the Washington Supreme Court held that trees planted closely together in a row create a "fence" for the purposes of enforcing a community code prohibiting fences over six feet in height. Councilmember Hall then asked how Mr. Paulich would make the distinction between random trees growing together and those intentionally planted. Mr. Paulich responded it would be on a case -by -case basis. Council. would need to make a decision such as Clyde Hill's, that in certain instances trees planted a certain way are considered a fence. He added that here it is very clear that the way the trees and shrubs were planted that they would form levels and then intertwine to, in effect, create a fence. Mr. Paulich believes that to have been the Parks Department intention when the trees were planted. Council President Petruzzi confirmed that these trees and shrubs were planted next to a fence. Mr. Paulich explained how vegetation growing next to a fence can become an extension of that fence. The fence on the property is under the 6' limit, but the trees are closer to 50'. Councilmember Petruzzi said there are existing policies established by the City with regard to the matters of trees and fences. He explained his feeling that attempting to take any broad -brush action tonight would create the necessity to change policy which would require a series of hearings. He would like to take this as a stand-alone situation and look at it in terms of being two property owners being good neighbors without jeopardizing present policies on which there have been many years and many more public hearings during development. Council President Petruzzi suggested Staff work with Mr. Paulich and his clients on possible solutions. He stressed it would be at the Wagners' expense because he would like to find solutions in a good neighbor spirit but without creating some large liability on the City's part. Councilmember Nordquist asked Mr. Mar if, when the park was developed in 1970 or 1971 ownership was turned over to the City. Parks and Recreations Manager Arvilla Ohlde indicated that the park is under City ownership. Councilmember Earling asked Council President Petruzzi whether it would be part of the decision -making process to send this to the Community Services Committee so that there could be discussion between a couple of Council members, the residents of the condominium project, and Staff. The reply was affirmative. Councilmembers Earling and Myers will both support that vehicle. APPROVED CITY COUNCIL MINUTES AUGUST 22. 1995 PAGE 4 Mayor Hall recalled several hearings there had been on trees. This is not new territory. We do live in a view corridor. However, she can't buy the idea of a fence because otherwise her view is fenced in from Puget Sound. She had before her Resolution 418 signed by former Mayor Harve Harrison and passed by the City Council November 28, 1978, which allows three instances for trees to be cut. She feels that the issue could be referred to the Community Services Committee, but the ultimate would be with a legislative body to revisit the issue. She read a list of requests for trees being cut or thinned. This was provided for a sense of direction and history. Mr. Paulich acknowledged the distinction in the policy that preserves the trees and a policy that prohibits fences made out of trees. He thinks Council President Petruzzi's suggestion to sit down together and work out a compromise where both goals can be accomplished is excellent. Councilmember Fahey commented that she has thought for some time it didn't make sense to have a 25' height restriction on buildings and not have restrictions on what can be referred to as ornamental landscaping which is allowed to grow beyond the height limits of buildings. She thinks it appropriate to ultimately re-evaluate that policy. For this situation, it is appropriate for. the Community Services Committee to review it. As chairman of that committee, she will work with the neighbors. She agreed with the experiences of Council President Petruzzi in that she too has worked with neighbors to get trees topped to preserve views. She thinks that is the direction this situation should take, and ultimately review the policy on height restrictions to see if they are in keeping with the heights of buildings. Numerous individuals have commented on that issue. She wants to resolve this in a neighborly fashion and then eventually review the policy, possibly through a public hearing. COUNCILMEMBER MYERS MOVED, SECONDED BY COUNCIL PRESIDENT PETRUZZI, TO PLACE THIS AGENDA ITEM ON THE COMMUNITY SERVICES COMMITTEE'S NEXT AVAILABLE AGENDA. MOTION CARRIED. COUNCIL PRESIDENT PETRUZZI AND COUNCILMEMBER FAHEY SET THE MATTER FOR SEPTEM 3ER 12 UNDER THE COMMUNITY SERVICES COMMITTEE. 5. HEARING ON AN APPEAL OF THE ARCHITECTURAL DESIGN BOARD'S DECISION APPROVING A PERMIT REQUEST BY EDMONDS SCHOOL DISTRICT FOR SITE IMPROVEMENTS TO THE SHERWOOD ELEMENTARY SCHOOL SITE LOCATED AT 22901 106TH AVENUE WEST UNDER FILE NO. ADB-95-71 (Appellant: Sharon Mirante and Jane Roberts / Applicant/Appellee: Edmonds School District No. 15 (File No. AP-95-120) Pursuant to the Appearance of Fairness Doctrine, Councilmember Myers recused himself from the appeal hearing because of his status as a part-time employee of the School Board. Current Planning Supervisor Jeff Wilson provided those in attendance with a history and summary of the issue before the Council and used the overhead to show the parking proposal as planned by the School District. Mr. Wilson then discussed the three appeal issues: The project will impact the driveways on 106th Avenue West due to traffic backing up while waiting for the school buses coming down the hill before making the left-hand turn into the school parking lot. APPROVED CITY COUNCIL MINUTES AUGUST 22,1995 PAGE 5 • 0 2. Visibility on 106th Avenue West at the proposed gate is dangerously limited because of the two hills on 106th Avenue West. This would be a consideration for arrivals and departures later in the school day. 3. The appellants believe that safety and flow of traffic would be greatly enhanced by having the new exit -entry coming out on 228th Street Southwest. Traffic flow could be further enhanced by having a 4-way flashing traffic light at the intersection of 106th Avenue West and 228th Street Southwest. There are two main points in the appeal analysis: 1. The proposed site improvements will not create any additional floor area. Therefore, no additional traffic to the site will be created as a result of the proposed site improvements. 2. The proposed site improvements, including driveway locations, have been reviewed by the City's Engineering Division. The Engineering Division has found. that the proposed driveway locations will not create vehicle sight distance problems, nor is the proposed driveway separation less than the minimum acceptable according to adopted standards. He then called Council attention to Agenda Memo Exhibit 5 which is an alternative plan submitted by Sharon Mirante. Councilmember Fahey confirmed with Mr. Wilson that in the matter being considered tonight, all Council was doing was considering the appeal which is in opposition to the plan presented tonight. She then asked if the extra piece that is added as a proposal is something Council can't address and that it was not for Council to consider an alternate proposal tonight. Mr. Wilson provided Staffs impression of the legal process. Council has several options. It has the option to deny the appeal and uphold the ADB decision; you have the ability to overturn the ADB decision and issue your own decision; you have the ability to even remand it back to the ADB, preferably with some specific guidance giving them some direction as to what they should look at in further consideration of this matter. He thinks Council has some latitude to make some changes in the process, but it is desired to make sure there is an adequate review of any other possible considerations in site design to make sure that the appropriate testimony was given by the Engineering Division regarding safety issues from the City's standpoint, as well as any other public participation. He further indicated that Councilmember Fahey was correct in her assessment of the role tonight. He reminded Council it has some flexibility, but if it feels there is an alternative design, it may want 'to remand it to the ADB with some direction. Councilmember Nordquist asked about the summary regarding Staff concurrence. His only concern is when it is in conjunction with the on -site as well as the off -site requirements. He thinks Mr. Wilson is leaning toward giving Council direction on the on -site ability to meet requirements. He is concerned about the safety factor on leaving the site. He saw no input from the police department which to him is an important ingredient when dealing with a small street. Mr. Wilson said that the Police Department is not typically consulted; these tend to be issues of traffic engineering which are based on sight distances, visibility, widths of road, adopted standards that Staff is aware of when evaluating a proposal. They will look at the on -site issue but will also take a look at where those driveway entrances are to determine whether they will be located in such a way as to create additional traffic hazards and make sure there are no conflicts in turning movements. It is not confined to just traffic circulation on the site, but also what happens when that traffic enters onto City streets. APPROVED CITY COUNCIL MINUTES AUGUST 22, 1995 PAGE 6 N)5 .� A fence or just trees? Edmonds council ponder s question By BILL SHEETS EDMONDS — When is a fence not a fence? The answer: when it's a row of trees. The residents of the Mariner Plaza condo- minium complex at 114 Second Ave. S., where their views of Puget Sound have be- come blocked by growing trees on city of Ed- monds property, say the trees amount to a code -violating, intentionally erected fence and want them trimmed or removed. "These are not natural growing trees," attor- ney Kevin Paulich, representing residents at Mariner Plaza, told the City Council at a re- cent meeting. He said the "fence" of trees vio- lates the city's limit of six feet on fences. "These are a 50-foot fence, constructed of trees and shrubs. This fence was constructed by the city of Edmonds on city of Edmonds property," Paulich said. City officials see it differently, having re- fused several formal and informal requests to trim or replace the Scotch pine and red alder trees with lower -growing varieties. - While city councilmembers said they would like to solve the individual problem of Mariner Plaza, they'd like to do it "without creating some large liability on the city's part," said City Councilman Tom Petruzzi. "Otherwise, the mayor would probably shoot me because she'd have a whole lot of people in her office tomorrow wanting us to cut down trees for views." Mayor Laura Hall said that's the case al- ready. She rattled off a lengthy list of requests from residents to trim or remove trees in sev- eral city parks. "So you see, you're not alone, are you?" Hall told Paulich. Over the past year, city staff had given Mariner Plaza residents two reasons why the trees couldn't be trimmed. First, as stated in a city staff memo, "The definition of fence uses the word 'construction.' It is clear that trees are not constructed, and therefore, a row of trees cannot be considered to be a fence." But Paulich, reading from city code, said fences are defined as made from "wood, met- al, masonry or other material," and that the lat- ter part could apply to trees if they are planted with the intention of creating a barrier. He not- ed the trees behind Mariner Plaza were plant- ed by the city along a chain link fence when the .state Department of Transportation built the mini park alongside the ferry holding lanes in the early 1970s. He said the letter of the law should allow the trees to be cut, "but also and more importantly the spirit of the law would mandate that the trees be cut." Otherwise, he said, "people can circumvent the fence -height restriction law by simply constructing their fence out of trees and shrubs, and they should be allowed to do that." Mariner Plaza developer Ron Hansen sub- mitted a notarized affidavit that he was told by city staff the trees would not grow higher than 25 feet when the building was built in 1989. He said the residents' property values have been reduced by the blocked views, which in turn reduces city property -tax revenue. He said the fence -height restriction "reflects A policy in favor of views." City Councilwoman Barb Fahey noted the city has a 25-foot height limit on buildings but no limit on landscaping "that ultimately is al- lowed to grow way beyond the height limit we place on the buildings. We do put a premium on views and people do pay for them and then we seem to have set up a process by which through the natural course of action views are lost anyway." Fahey suggested the policy ultimately be re- visited, but agreed with a proposal by Coun- cilman Dave Earling to have the council's community services committee sit down with Mariner Plaza representatives Sept. 12 and ad- dress the situation individually. STANLEY G. BAKUN LYNN PENIX BARKER KENNETH A. BLOCH KAY L. BROSSARD DONNA M. CALF ROBE ROBERT L. DiJULIO LARRY A. JOHNSTONE JOHN A. McGARY DUDLEY PANCHOT KEVIN MICHAEL PAULICH EDWIN G. WOODWARD BRADLEY S. WOLF LEON L. WOLFSTONE (1914-1981) • Law Offices of Wolfstone, Panchot & Bloch, P.S., Inc. 1500 Norton Building 801 Second Avenue Seattle, Washington 98104-1577 Founded 1939 August 17, 1995 FOCEIVED AUG 1 7 1995 Charles J. Coolidge Carl P. Jensen Of Counsel EDMONDS CITY CLERK SEATTLE/BELLEVUE (206) 682-3840 RECEIVED AUG 1 7 1995 COMNAUNITY SERVICES DIRECTOR TELECOPIER (206) 340-8837 BELLEVUE OFFICE 320-108th N.E., #410 Bellevue. WA 98004 Please Reply to Seattle Office Edmonds City Council 505 Bell Street Edmonds, WA 98020 RE: Violation of Edmonds Community Development Code and Breach of Promise by City Representatives Dear Council Members: This firm represents the residents and tenants of the Mariner Plaza Building, located at 114 Second Avenue South, in connection with the view obstruction created by the hedge of shrubs and trees growing along the fence on the adjacent city property. HISTORY OF VIEW In the late 1980's construction of a building on the subject site was being considered by the owners of the site, the Mariner Plaza Partnership. The partnership was concerned about the subject trees and shrubs. The partnership approached the City of Edmonds with their concern about the trees and asked that they be replacedby shrubs to be.partially paid for by the partnership. Representatives of the City Parks Depart- ment told the partnership that the trees would not exceed a height of 25-30 feet, would not block the view from the build- ing, and would be kept trimmed by the City. The residents and tenants of the Mariner Plaza Building.. purchased/leased their condominiums because of the building's view of Puget Sound. The City trimmed the shrubs and trees in approximately 1991. However, the wall of trees and shrubs has since grown to 50 feet; so it now blocks the view of the resi- dents. HISTORY OF COMPLAINTS On October 18, 1994, my office wrote to Robert Chave of the Edmonds Planning Department, telling him about the resi- Edmonds City Council August 17, 1995 Page 2 dents' concerns and asking him to call us to discuss solu- tions. Mr. Chave did not respond. When we called Mr. Chave for a status report, we were directed to speak to Mr__,John Bissell. Mr. Bissell told us that the City was unwilling to trim the trees and shrubs. Mr. Bissell promised a written response, which never arrived. My office then contacted Paul Mar, the community develop- ment director, and requested his assistance. He informed us on February 28, 19951 that he had concluded that the Edmonds Community Code was not being violated, and the City Parks Department was unwilling to trim or remove the row of trees and shrubs. On March 14, 1995, we filed an Appeal of the Staff Deci- sion with Mr. Mar, pursuant to chapter 20.105.020 (B) of the ECDC. On April 10, 1995, we received a letter from Jeffrey Wilson, Current Planning Supervisor, stating that our appeal would not be processed because the City was "wearing its landowner hat" rather than its "regulatory hat." RELIEF REQUESTED The residents of the Mariner Plaza Building request that the trees be removed by the City and that the shrubs be pruned. REASONS FOR REQUEST The residents have three good reasons why the. City should grant their request. First, blocking views reduces property values and thereby reduces the tax base of the City. Second, aside from the requirements of the ECDC, the City should honor its promise to keep the trees and shrubs trimmed and take responsibility for its misrepresentation that the trees would not grow taller than 25-30 feet. Doing so would be moral and would prevent the court intervention which will otherwise follow. Third, the City should apply to itself the spirit of its own code, which was obviously intended to protect views from obstruction by vegetation planted in such a way as to create fences. The first two reasons are obvious, but the third deserves further discussion here. We are not trying to change the City's policy regarding vegetation removal. We are appealing the Community Develop- ment Director's decision not to enforce the ECDC regarding Edmonds City Council August 17, 1995 Page 3 height restrictions for fences and hedges. Since our appeal to the hearing examiner was not processed, pursuant to chapter 20.105.040 of the ECDC, the next step in the appeal.process requires that the appeal be directed to the City Couritil. Scott Snyder, the Edmonds City Attorney, responded to our appeal to the Council by saying that the City, in its gov- ernmental capacity, has prosecutorial discretion in whether to charge the City, in its proprietary capacity, for violation of the Community Development Code. He suggested we attend a City Council meeting to discuss our concerns in the hope that the Council will exercise its discretion and enforce the Code in this situation. REASON WHY STAFF DECISION IS WRONG Pursuant to Chapter 17.30.000 of the Edmonds Community Development Code ("ECDC"), "Unless a variance is first obtained, no fence or hedge shall be more than six (6) feet in height . . . ." The ECDC defines "hedge" as "a fence or boundary formed by a dense row of shrubs or low trees." The ECDC defines "fence" as "any construction of wood, metal, masonry or other material which provides a visual and/or physical obstruction to an observer at ground level [emphasis added]." The trees and shrubs adjacent to the Mariner Plaza Build- ing were planted along a chain link fence in order to create a boundary between the Mariner Plaza Building and the city property. Photographs showing the boundary created by the dense row of shrubs and trees will be presented at the City Council meeting. The practical effect of this row of trees and shrubs has been to create a fence between the Mariner Plaza Building and Puget Sound. The Washington Supreme Court has held that trees planted closely together in a row create a "fence" for the purposes of enforcing a community code prohibiting fences over six feet in height. Clyde Hill v. Roisen, 111 Wn.2d 912, 767 P.2d 1375 (1989); see also 48 Wn. App. 769, 740 P.2d 378 (1987). In 1988, a year before the above Supreme Court decision, an Edmonds hearing examiner decided that where trees at maturity would grow to 200 feet, they did not fit within the definition of "low" growing trees. It is our position that Edmonds City Council August 17, 1995 Page 4 the real issue is not how high a tree can grow but whether a group of trees has been planted in such a way as to create a fence. According to Chapter 15.00.040 of the ECDC, the Community Development Director shall enforce Title 17, which includes enforcement of the height restriction for fences and hedges.. The Community Development Director should be required to enforce Title 17 and direct that the trees and shrubs either be kept trimmed below the height of the Mariner Plaza Building residential units or be removed. In conclusion, the Council should use its authority to do what is obviously the right thing for both the residents of the Mariner Plaza and for the city as a whole. Very truly yours, (Zsv-'�� Kevin Michael Paulich WOLFSTONE, PANCHOT & BLOCH, P.S., INC. KMP:rs bU-1 (-1yy5 16y:5•fHM 1-KUI'I mansen I • I i • J4U00J ( r . YJG I AFFIDAVIT OF RONALD B. HANSEN STATE OF WASH'INGTON ( COUNTY OF ACING j i i i Af iant,'RONALD B. HANSEN, first being duly sworn upon oath, states the following to be true to the best of his; knowledge and belief, 1. I have been a' ceAified public accountant with Hansen, McLaughlin and Onstad, P.S. or its predecessorsince!1968. I have personal knowledge of the facts herein. 2. 1 am one of:the general partners in the Mariner Plaza Partnership. I first acquired an i interest in the property on which the Mariner Plaza Building sits in 1969. At that time, the ( mini -park located between the property and the Edmonds city ferry lanes did not exist. I � ' I 3. Sometime during the early 1970's, the State D.O.T. constructed ferry traffic holding lanes. Sometime therea'ter, a park and a public restroom were constructed and plantings of small trees perhaps 5 feet high were.planted in close proximity along the park property line. 4. The original structures were essentially on grade with Second Avenue and it was not until the late 1'980's that!the trees reached a height that began to cut off the view from the original structures. i 5. During 1988 we 8,ecided to construct the present Mariner Plaza Building. Permits were acquired: during 19% and the project was completed during June of 1990. The new building was required to The constructed approximately 5 feet below the Second Avenue i grade. 'UIJ 1 1 1JJ✓ VJ' ✓Ufll 1 1 IUI I 1 I.:.UI I�L11 ...I ....-. v...........i v.... i Page two I i I I f 6. During the construction phase, talks were held with Bobby Mills and Arvilla ONde regarding the -possible redesign of the park and its plantings, principally of the trees which . were now over 20 feet tall and so intertwined as to constitute a hedge. We offered to' provide u 5 000 to p p to $ help in a remake of the;park,. possibly in rhododendron or new immature trees of lesser height. The City indicated they were not interested in changing the P/Lah:/sS D : e kl-4-0 Tf g. rA-"s T/t�•r.�it,7 �y ..a �,N� trees boat least on one occasion they did subsequently "trim" the trees. They also represented that the 'trees were essentially mature and would not exceed 25 to 30 feet. 7. While the City did thin the trees, they were never topped and now are well over 25 feet. The Mariner Plaza'! Building was limited to 30 feet above a grade level 5 feet below the grade of Second Avenue. At this point the trees are an effective visual barrier to both the j first floor offices and the`second floor residential condominiums. I R NALD B. HANSEN SUBSCRIBED: AND SWORN TO before me this day of August, 1995. i Printed Name: A, s i NOTARY PUBLIC in and for -the Se _ I State of WasHington, residing at:v rQ E My Commission Expires: i I 0 • 7 ;&O WS REALTY, INC. B Fifth Avenue South Edmonds, Washington 98020 December 29, 1994 Mr. & iNirs. Wagaer 114 Second Ave S #203 Edmonds, WA 98020 Dear Mr. & Mrs. Wagner: P. S.M.L.A. 113 REALTOR (206) 775-3631 Upon your request, I have conducted a Comparative Market Analysis on your home located at the above address and dated December 28, 1994. I have found the following to be to the best of my knowledge; because of an obstructed view to the south of the condominium, which has a cluster of over grown or untrimmed trees, the value is approximately $425,000. If the same cluster of trees were to be topped off or trimmed, I believe the market value would be approximately $450, 000 to $475,000. I would be more than happy to place your home on the market when it is convenient for both of you. Thank you for allowing me the opportunity to be of assistance to you. If I could be of any more help, please call me at my office 775-3631 or at home 771-2486. Sincereiy, Yolanda Rano Edmonds Realty, Inc. • August 11, 1995 RE: Jae and Vidki Wagner, Mariner Plan Binding - City of Edmands Mini -Park Tree Evatoatian 0 This report is the results of the evaluation of the trees and shrubs at the City of Edmonds mini - park south of the Mariner Plaza building at 114 2nd Avenue. The report identifies the dominant . types of trees and shrubs , as well as their approximate height and spread. I have also indicated the typical height and spread of each plant type under typical conditions. Enclosed is a site plan locating trees in relationship to the building. Note the diameter of each of the trees is also on . the plan. PLANT (size) HEIGHT / SPREAD TYPICAL HEIGHT / SPREAD TREES: 1. S-SCOTCH PnqES Pinus syltiestr-ls 2. 2-RED ALDER Alnus oregona SHRUBS: 1. 2 mzssings PHOTIMA (multi`st=) Photinin fraseri 50 feet H / 20 feet S 50 feet H / 8-10 feet S 25 feet H 125 feet S 2. 4 msssiags COTONEASPER Cotoneaster horizontalis 5-6 feet H / variable cultivar PRUNING /' REMOVAL RECOMMENDATIONS: 60-80 feet H 1 20-25 feet S 50-70 feet H / 10 feet S 20-25 feet / 20 feet S 5-6 feet H 16 feet SCOTCH PINES- are strong central leader trees and will not survive the removal of the central leader to a height of 6 feet. An adequate amount of foliage (food producing function) must be retained in order to support the size trunk, and root system. In addition, to the loss of food production capacity, extensive topping cuts causes internal decay and rapid decline. Currently, the density of the pines canopy is so great that the weight and sail factor will eventually cause branch failure. The pines should be pruned for health and longevity. I have enclosed a description of tree pruning standards as recommended by the National Arbor Association and supported by the International Society of Arboriculture. If these standards are followed, the trees can be pruned to.open their canopies for views while retaining the health and longevity of the trees. RED ALDERS - are fast growing and short lived trees that were likely 'volunteers' planted by birds or wind. I recommend they be removed to ground level, as they provide little aesthetic value or windscreen protection in this location. Kathleen C. Day (b1816 N.E. Ravenna Blvd. Seattle, Washington 98105 e (206) 526-7056 0 PHOTINIA - can be thinned and pruned to the height of 6 feet without causing long term damage to the shrubs. Because of their current height, the process might better be completed in 2 phases to minimize the impact caused by the loss of leaf photosynthetic (food producing) surface to the shrubs. The evergreen shrubs provide both visual and windscreen protection. COTONEASTER - height is genetically restricted to 6 feet and will not pose an obstruction for view shed. If you have any further questions regarding these trees or shrubs, or. the content of this report, please let me know. STANDARD PRUNING Pruning Standard for Class II Pruning This standard, revised in 1989, is provided by the National Arborist Association to assist tree service companies, utilities, municipalities, governmental agencies, architects, landscape architects, and others in writing contract specifications for tree pruning. It is not intended to be a "how-to" guide but to define the limits and criteria for arboricultural work, recognizing that regional practices may dictate variations in this standard. It was prepared by the Standard Practices Committee of the National Arborist Association, Inc., a professional .trade association founded in 1938. Standard pruning is recommended where aesthetic considerations are secondary to structural integrity and tree health concerns. Standard pruning shall consist of the removal of dead, dying diseased, decaying, interfering, objectionable, obstructing, and weak branches, as well as selective thinning to lessen wind resistance. The removal of such described branches is to include those on the main trunks, as well as those inside the leaf area. An occasional branch, up to one inch (2.5 cm) in diameter may remain within the main leaf area where it is not practical to remove it. a. All cuts shall be made as close as possible to the trunk or parent limb, without cutting into the branch collar or leaving a protruding stub (see Diagram A). Bark at the edge of all pruning cuts should remain firmly attached. b. All branches too large to support with one hand avoid splitting or tearing of the bark (see Diagram B). ropes or other equipment should be used to lower large to the ground. 1 shall be precut to Where necessary, branches or stubs CUT A CUT C 1: -J F DIAGRAM A DIAGRAM B MARINEX PLAZA guu-Pmlej /4 4d-t1 f /4GCe-SS CITY OF EDMONDS OFFICE OF THE CITY ATTORNEY 447-7000 FAX: 447-%IXX .0215 890-19C� April 21, 1995 Ms. Donna M. Calf Robe WOLFSTONE, PANCHOT & BLOCH, P.S., INC. 1500 Norton Building 801 Second Avenue Seattle, WA 98104-1577 Re: Mariner Plaza Building Dear Ms. Calf Robe: LAURA M. HALL MAYOR W. Scott Snyder I am in receipt of your letter of April 14, 1995 forwarded to me by the Edmonds City Council for response. I serve as the Edmonds City Attorney. The Edmonds Community Development Code appeal procedures and the cited Section 20.105.020(B) are intended for review of land use interpretations in the permit and applications process. It is clearly not applicable to the matter to which you refer and has never been interpreted by the staff to apply to such situations. There has been no written interpretation or land use decision by the City staff in this matter. The City Parks and Recreation Director in her administrative capacity is fulfilling a policy regarding tree trimming and removal established by the City Council some years ago. Even assuming that the City in its governmental capacity has determined not to charge the City in its proprietary capacity with a code violation, that decision is an exercise of prosecutorial discretion neither reviewable under the appeal provisions of the Community Development Code nor subject to review or injunctive relief by a court. The City Council invites your clients, as the staff has, to set up a date to meet with the City Council at one of its committee meeting nights on the second Tuesday of each month to discuss the City's tree trimming policy and how it might be amended to address your client's concerns. Very truly yours, OGDEN MURPHY WALLACE, P.L.L.C. . Scott nyd WSS:are cc: Mayor Laura M. Hall Edmonds CityCouncil W SS 100136.1 U F0006.222 U1 2100 Westlake Center Tower, 1601 Fifth Avenue, Seattle, WA 98101-1686 • Incorporated August 11, 1890 • Sister Cities International — Hekinan, Japan s STANLEY G. BAKUN LYNN PENIX BARKER KENNETH A. BLOCH KAY L. BROSSARD DONNA M. CALF ROBE ROBERT L. DiJULIO LARRY A. JOHNSTONE JOHN A. McGARY DUDLEY PANCHOT KEVIN MICHAEL PAULICH BRADLEY S. WOLF EDWIN G. WOODWARD LEON L. WOLFSTONE (1914-1981) Law Offices of Wolfstone, Panchot & Bloch, P.S., Inc. 1500 Norton Building 801 Second Avenue Seattle, Washington 98104-1577 April 14, 1995 VIA CERTIFIED MAIL Edmonds City Council 505 Bell Street Edmonds, WA 98020 Re: Violation of Edmonds Community Development Code Dear Council Members: COPY FOR YOUR INFORMATION Charles J. Coolidge Carl P. Jensen Of Counsel SEATTLE/BELLEVUE (206) 682-3840 FAX: (206) 340-M7 BELLEVUE OFFICE 320-108th N.E., #410 Bellevue, WA 98004 Please Reply to Seattle Office This firm represents the residents and tenants of the Mariner Plaza Building, in connection with the obstruction of their views created by a hedge growing along the fence on the adjacent city property. The Mariner Plaza is located at 114 Second Avenue South. Enclosed is a copy of our Appeal of the Staff Decision which sets forth more facts relevant to this matter. In order to exhaust the administrative remedies required by the city and to try and resolve this matter without the need for court intervention, I filed an Appeal of the Staff Decision, with Mr. Mar, pursuant to Chapter 20.105.020 (B) of the Edmonds Community Development Code (ECDC). On April 10, 1995, 1 received a letter from Jeffrey Wilson, Current Planning Supervisor, stating that our appeal will not be processed because the city is "wearing its landowner hat" rather than its "regulatory hat". A copy of Mr. Wiilson's letter is enclosed. We disagree with Mr. Wiilson's interpretation of the City's role in this matter. We are not trying to change the City's policy regarding vegetation removal. We are appealing the Community Development Director's decision not to enforce the ECDC regarding height restrictions for fences and hedges. Since our appeal to the hearing examiner was Edmonds City Council April 14, 1995 Page 2 not processed, pursuant to Chapter 20.105.040 of the ECDC, the next step in the appeal process requires the appeal be directed to the City Council. Please consider this letter and the enclosed material an appeal of the staff decision not to comply with the ECDC and their decision not to process our appeal. Very truly yours, b �- Donna M. Calf Robe WOLFSTONE, PANCHOT & BLOCH, P.S., INC. DCR/ts Enclosures cc: Mr. and Mrs. Wagner Mayor Hall Jeffrey Wilson Paul Mar • 0- Appeal of Staff Decision Appellants: Joe and Vicki Wagner, and the residents and tenants of the Mariner Plaza Building, located at 114 Second Avenue South, Edmonds, Washington'. Facts: The Wagners purchased a second floor condominium apartment in the Mariner Plaza Building in 1990. The Wagners and the other residents purchased the condominium apartments in part because of the buildings unobstructed view of Puget Sound. However, over the years, their view has been encroached upon by the hedge of shrubs and trees growing in a row along the fence separating the city property from the Mariner Plaza Building. When the construction of the Mariner Plaza Building started in 1989, the Mariner Plaza Partnership approached the City of Edmonds about the possible removal of the trees and replacement with smaller trees or shrubs, and the Partnership was willing to provide some substitute plant material. Representatives for the City Parks Department told the Partnership that the trees were mature, would grow to only 25 feet, would not block the view of the residential units in the Mariner Plaza Building, and would be kept trimmed by the City of Edmonds. In fact the City did trim the shrubs and trees once in approximately 1991. However, the wall of trees and shrubs have since grown to approximately 40 feet and block the view of the Wagners and other residents of the Mariner Plaza Building. -1- Decision being appealed: On behalf of the Wagners and the residents of the Mariner Plaza Building, I wrote to Robert Chave, of the Edmonds Planning Department concerning the above -described problem. He did not respond. When I called Mr. Chave, I was directed to John Bissell. He informed me that the city was unwilling to assist my clients. He promised a written response, but I never received one. I then contacted Paul Mar, the community development director, and requested his assistance with the problem. When I called him on February 28, 1995, he informed me that he had concluded that the Edmonds Community Code was not being violated, and the City Parks Department was unwilling to trim or remove the row of trees and shrubs. When I called him on March 3, 1995, he stated that he would not be sending me a written decision. Reason why decision is wrong: Pursuant to Chapter 17.30.000 of the Edmonds Community Development Code ("ECDC"), "Unless a variance is first obtained, no fence or hedge shall be more than six (6) feet in height...." The ECDC defines "Hedge" as "a fence or boundary formed by a dense row of shrubs or low trees." The trees and shrubs adjacent to the Mariner Plaza Building were planted along a chain link fence in order to create a boundary between the Mariner Plaza Building and the city property. Enclosed are copies of photographs showing the boundary created by the dense row of shrubs and trees. The practical effect of this row of trees and shrubs has been to create a 40-foot fence between the Mariner -2- • �J Plaza Building and the Puget Sound. The Washington Supreme Court has upheld a Washington Appellate Court decision that trees planted closely together, in a row, create a "fence" for the purposes of enforcing a community code prohibiting fences over six.(6). feet in height. Clyde Hill v. Roisen, Ill Wn.2d 912, 767 P.2d 1375 (1989); see also 48 Wn. App. 769, 740 P.2d 378 (1987). According to Chapter 15.00.040 of the ECDC, the Community Development Director shall enforce Title 17, which includes enforcement of the height restriction for fences and hedges. Paul Mar, the Community Development Director should be required to enforce Title 17, and direct that the trees and shrubs either be kept trimmed, or replaced with smaller growing trees and shrubs. Names of persons requiring notification: Pursuant to Chapter 20.95.010 of the ECDC, the people on the attached list should be notified of this appeal by the Community Development Department. Date ql " 13 , , 1995. c:\tt\clients\w\wager.app Q chl-r- A 'm lam! Lt4t, Donna M. Calf R6be WOLFSTONE, PANCHOT & BLOCH, P.S., INC. Attorneys for Joe and Vicki Wagner and residents of Mariner Plaza Building -3- Property Owners to be Notified Names and address provided by First American Title Company: Owner: Alaska N W Publishing Co. Site #1 address: 130 2nd Ave S Edmonds, WA 98020 Site #2 address: no address, vacant land Mail address: 130 2nd Ave S Edmonds, WA 98020 Owner: William Erwert Site address: 116 grid Ave S #202 Edmonds, WA 98020 Mail address: 114 2nd Ave S #202 Edmonds, WA 98020 Owner: ESC Associates Site address: 190 Sunset Ave N Edmonds, WA 98020 Mail address: 3131 E Madison St #202 Seattle, WA 98112 Owner: Nels O. Lindh Site address: 110 Main St Edmonds, WA 98020 Mail address: 4255 Thorndyke Rd Port Ludlow, WA 98365 Owner: Mariner Plaza Site address: 116 2nd Ave S #100 Edmonds, WA 98020 Mail address: 20146 25th Ave NW Seattle, WA 98177 Owner: Norhawk Investments Inc. Site address: 120 2nd Ave S Edmonds, WA 98020 Mail address: 120 2nd Ave S Edmonds, WA 98020 Owner: Park Department Site address: no address, vacant land Mail address: 250 5th Ave N Edmonds, WA 98020 Owner: Rio Petrol Inc. Site #1 address: 100 2nd Ave S Edmonds, WA 98020 Site #2 address: no address, vacant land Mail address: 100 2nd Ave S #11 Edmonds, WA 98020 Owner: Skippers Building #151 Site address: 102 Main St Edmonds, WA 98020 Mail address: Suite 200 Bellevue, WA 98007 Owner: State Dept of Transportation Site #1 address: 131 Sunset Ave Edmonds, WA 98020 Site #2 address: no address, vacant land Mail address: P.O. Box 330310 MS 118 Olympia, WA 98133 Owner: Richard and Dorothy Tucker Site address: 116 2nd Ave S #201 Edmonds, WA 98020 Mail address: 114 2nd Ave S #201 Edmonds, WA 98020 Owner: Joe Wagner Site address: 116 2nd Ave S #203 Edmonds,'WA 98020 Mail address: 114 2nd Ave S #203 Edmonds, WA 98020 i - is �� ., . �._F•�•. " r r � J 14 u.. 8g0 19y 0 0 CITY OF EDMONDS 250 - 5TH AVE. N. • EDMONDS, WA 98020 • (206) 771-0220 • FAX (206) 771-0221 COMMUNITY SERVICES DEPARTMENT Public Works • Planning . Parks and Recreation . Eng VIA FAX (206) 340-8837 AND U.S. MAIL April 7, 1995 Donna M. Calf Robe WOLFSTONE, PANCHOT & BLOCH, P.S., INC. 1500 Norton Building 801 Second Avenue Seattle, WA 98104-1577 Subject: APPEAL OF STAFF DECISION Dear Ms. Robe: LAURA M. HALL MAYOR � E'CE1VE APR i 0 19�95 WOLFSTONF, W`-,C'HOT Thank you for your patience in allowing me to review your letter of appeal regarding certain trees and shrubs owned by the City and located adjacent to your client's property. After reviewing the information contained in your letter, and review of the issues with the city Attorney, I must inform you that the Planning Division can not process your request as an appeal. As you know a Municipal Corporation wears two hats; first, it wears the hat of a regulatory agency which reviews and issues permits and enforces the laws of the City; and second, it has a proprietary role as a land owner. The issues which you have raised in your letter of March 14, 1995, are directed to the City in it's proprietary role. As a land owner, the City has adopted a policy regarding when it will and will not remove vegetation on property it owns. The determination of the City as a property owner not to remove vegetation as your clients have requested, is not a decision based on the City's role as a regulatory agency. Therefore, the decision of the City as a property owner not to remove vegetation, is not appealable pursuant to ECDC Section 20.105.020(B). Your request is a policy decision, which the City as a property owner must make. If you wish to proceed further with this issue, you may approach the City Council to discuss it's policy regarding the removal of vegetation of City owned property. You may either forward your request in writing to the Mayor and Council, or may appear on the audience portion of the Council public meetings on either the first or third Tuesday of each month. If you should have any questions regarding this matter, please do not hesitate to contact me at 771-0223. ROBE-LDOC e Incorporated August 11, 1890 • 04M7M.CORRES4Zrr RS Sister Cities International — Hekinan. Japan Sincerely, Community Services Department - Planning Division Jeffrey S. Wilson, AICP Current Planning Supervisor Enclosures pc: Mayor Hall Scott Snyder, City Attorney Paul Mar, Community Services Director Rob Chave, Planning Manager Page 2 of 2 ROBE I .DOC/I-IS-94.CORRES/I.MERS -OGDEN A�P�r T �( �i ATTORNEYS AT LAW 2100 Westlake Center Tower • 1601 Fifth Avenue Seattle, W 6 - (206) 447-7000 • Fax (206) 447-0215 4A ® MEMORANDUM NG�pT DATE: April 6, 1995 TO: Jeff Wilson, Current Planning Supervisor, City of Edmonds FROM: W. Scott Snysle RE: Calf Robe Letter I reviewed your draft letter of April 6. It appears in good order. There is a typo in the first line of paragraph four, and your tone is more polite than the appeal deserved, but otherwise you have done your usual professional job in response. WSS/kf WSS98982.1M/F0006.99999/B0006. n Wenatchee Office • One South Chelan Street • P.O. Box 1606 • Wenatchee, WA 98807 • (509) 662-1954 • Fax (509) 663-1553 .• i C_OMMr kvw6_ L PisOE?B ®F�AfiTMENT - _ J q b POoWwon.—TowPlnetem a+nd :*so�wattb.� — GftatMarl_Q e! 9 A _ 1 q ub �["EL_ECQP[EEi COVER ¢WAGE TU --S-cwfr:sA �_ �— i"i®c'apiacats Taie,C.up�- [�ttRr+�er_ aliiE TR./iftSM(Y'[�Or_�6' [�[UM6EY2 (irac[tsdin� C.ovrr Pam? s'iRG`SIMII.E SENT: st�•�,�ttclGr+oc� � (ZS [aatrks_): Gtlot.ap all at true 4m mwim arty vltl ,arras :$&= Gcaa ,� , for s . ,4e—se cmmn "-lACK=Eo allr+a StSSC or cry �►�-r-. R� :�earmsar�ty< '-•�®-__....._.Q��G•._.-_:__e�'R•tG�' ___6"f!t'S�ot'atP.S� �C_.'C �w �t_I�.CP Cam- - ^ c - ��' ��cG_ cot-r� (�•e aat�'��,c. as c"�_ t-�+ a-K: �txy.. �.S � \ r o_yplwotrxa�u�r�sF-o.... TRANSMISSION REPORT THIS DOCUMENT (REDUCED SAMPLE ABOVE) WAS SENT ** COUNT ## 3 *** SEND *** NO' REMOTE STATION I.D. START TIME DURATION #PAGES COMMENT 1 OGDEN MURPHY WALLACE 4- 6-95 9:28AM 2'20" 3 TOTAL 0:02'20" 3 XEROX TELECOPIER 7020 . 890 - 19`j- CITY OF EDMONDS LAURA t,& HALL 250-511HAW-N. +EOMORMWASOM - (20G) It7't-O?20 . FAX(2061771-0M MAYOR COMMUNITY SBRVICES DEPARTMENT Pubrec Woks P/atul-Mg - Parks and Recreation - Engineering TELECOPIER COVER PAGE TO: _ �Ge S'ne� DATE TRANSMITTED: t-1 6 qS— NUMBER OF PAGES: 3 (including Cover Page) Recipients Telecopier Number FROM: _ IA��Csc�t— Sect Ws Telecopier Number- (2M 771-0221 0 MWorddalakFaxFonn FACSIMILE EQUIPMENT: Automatic/Group u (2.3 mins_); Group ill If there are any problems during transmission or documents are received incomplete, please call (206) 771-0220 and ask for -Fs 4 lnrnrnnr. f-4 n.....cc r r 1 ROn - • VIA FAX (206) 340-8837 AND U.S. MAIL April 6, 1995 Donna M. Calf Robe WOLFSTONE, PANCHOT & BLOCH, P.S., INC. 1500 Norton Building 801 Second Avenue Seattle, WA 98104-1577 Subject: APPEAL OF STAFF DECISION Dear Ms. Robe: Thank you for your patience in allowing me to review your letter of appeal regarding certain trees and shrubs owned by the City and located adjacent to your client's property. After reviewing the information contained in your letter, and review of the issues with the city Attorney, I must inform you that the Planning Division can not process your request as an appeal. As you know a Municipal Corporation wears two hats; first, it wears the hat of a regulatory agency which reviews and issues permits and enforces the laws of the City; and second, it has a proprietary role as a land owner. The issues which you have raised in your letter of March 14, 1995, are directed to the City in it's proprietary role. As a land owner, the City has adopted a policy regarding when it will and will not remove vegetation on property it owns. The determination of the City as a property owner not to remove vegetation as your clients have requested, is not decision based on the City's role as a regulatory agency. Therefore, the decision of the City as a property owner not to remove vegetation, is not appealable pursuant to ECDC Section 20.105.020(B). , Your request is a policy decision, which the City/Council as a property owner must make. If you wish to proceed further with this issue, you may approach the City Council to discuss it's policy regarding the removal of vegetation of City owned property. You may either forward your request in writing to the Mayor and Council, or may appear on the audience portion of the Council public meetings on either the first or third Tuesday of each month. If you should have any questions regarding this matter, please do not hesitate to contact me at 771-0223. ROBE•I.DOC 04/06/95.CORRESAXrrERS • s Sincerely, Community Services Department - Planning Division Jeffrey S. Wilson, AICP Current Planning Supervisor Enclosures pc: Mayor Hall Scott Snyder; City Attorney Paul Mar, Community Services Director Rob Chave, Planning Manager Page 2 of 2 ROBE- I . DOC/ 1-18-94. CORRES/LMERS STANLEY G. BAKUN LYNN PENIX BARKER KENNETH A. BLOCH KAY L.BROSSARD DONNA M. CALF ROBE ROBERT L. DIJULIO LARRY A.JOHNSTONE JOHN A. McGARY DUDLEY PANCHOT KEVIN MICHAEL PAULICH BRADLEY S. WOLF EDWIN G. WOODWARD LEON L. WOLFSTONE (1914-1981) • Law Offices of • Wolfstone, Panchot & Bloch, P.S., Inc. Charles J. Coolidge 1500 Norton Building Carl P. Jensen 801 Second Avenue Of Counsel Seattle, Washington 98104-1577 SEATTLE/BELLEVUE (206) 682-3840 FAX: (206) 34043837 March 14, 1995 VIA FAX (206) 771-0220 AND HAND DELIVERY Mr. Paul Mar Community Development Director City of Edmonds 250 - 5th Avenue North Edmonds, WA 98020 Re: Appeal of Staff Decision Dear Mr. Mar: BELLEVUE OFFICE CS,NJ 5-o 320.108th N.E., #410 Bellevue, WA 98004 1A IS95 Please Reply to c, rkVECeS Seattle Office t;OMt�D RWC�UA This letter is to serve as written documentation of your decision regarding the Wagners' request that the City of Edmonds trim or remove the row of trees and shrubs growing along the park next to the Mariner Plaza Building. When we spoke by telephone on February 28, 1995, you stated that you did not interpret the Edmonds Community Development Code as requiring the trimming or removal of the park trees or shrubs and that neither you nor the Edmonds City Parks Department intended to request the removal or trimming of the trees and shrubs growing along the park fence. If this is an incorrect characterization of your decision, please provide me with a written clarification as soon as possible. Enclosed is the Appeal from .the above Staff Decision. According to section 20.105.020 (B) of the Edmonds Community Mr. Paul Mar March 14, 1995 Page 2 Development Code, the appeal is to be filed with you, the Community Development Director. If you have any questions, or need additional information, please call me. Very truly yours, omte' -M &Ij-e� Donna M. Calf Robe WOLFSTONE, PANCHOT & BLOCH, P.S., INC. DCR/ts cc: Joe and Vicki Wagner . - t • RECEIVED MAR 14 1995 Appeal of Staff Decision COMMUNITY SERVICES Appellants: Joe and Vicki Wagner, and the residents and tenants of the Mariner Plaza Building, located at 114 Second Avenue South, Edmonds, Washington. Facts: The Wagners purchased a second floor condominium apartment in the Mariner Plaza Building in 1990. The Wagners and the other residents purchased the condominium apartments in part because of the buildings unobstructed view of Puget Sound. However, over the years, their view has been encroached upon by the hedge of shrubs and trees growing in a row along the fence separating the city property from the Mariner Plaza Building. When the construction of the Mariner Plaza Building started in 1989, the Mariner Plaza Partnership approached the City of Edmonds about the possible removal of the trees and replacement with smaller trees or shrubs, and the Partnership was willing to provide some substitute plant material. Representatives for the City Parks Department told the Partnership that the trees were mature, would grow to only 25 feet, would not block the view of the residential units in the Mariner Plaza Building, and would be kept trimmed by the City of Edmonds. In fact the City did trim the shrubs and trees once in approximately 1991. However, the wall of trees and shrubs have since grown to approximately 40 feet and block the view of the Wagners and other residents of the Mariner Plaza Building. -1- Decision being appealed: On behalf of the Wagners and the residents of the Mariner Plaza Building, I wrote to Robert Chave, of the Edmonds Planning Department concerning the above -described problem. He did not respond. When I called Mr. Chave, I was directed to John Bissell. He informed me that the city was unwilling to assist my clients. He promised a written response, but I never received one. I then contacted Paul Mar, the community development director, and requested his assistance with the problem. When I called him on February 28, 1995, he informed me that he had concluded that the Edmonds Community Code was not being violated, and the City Parks Department was unwilling to trim or remove the row of trees and shrubs. When I called him on March 3, 1995, he stated that he would not be sending me a written decision. Reason why decision is wrong: Pursuant to Chapter 17.30.000 of the Edmonds Community Development Code ("ECDC"), "Unless a variance is first obtained, no fence or hedge shall be more than six (6) feet in height...." The ECDC defines "Hedge" as "a fence or boundary formed by a dense row of shrubs or low trees." The trees and shrubs adjacent to the Mariner Plaza Building were planted along a chain link fence in order to create a boundary between the Mariner Plaza Building and the city property. Enclosed are copies of photographs showing the boundary created by the dense row of shrubs and trees. The practical effect of this row of trees and shrubs has been to create a 40-foot fence between the Mariner -2- Plaza Building and the Puget Sound. The Washington Supreme Court has upheld a Washington Appellate Court decision that trees planted closely together, in a row, create a "fence" for the purposes of enforcing a community code prohibiting fences over six (6) feet in height. Clyde Hill v. Roisen, 111 Wn.2d 912, 767 P.2d 1375 (1989); see also 48 Wn. App. 769, 740 P.2d 378 (1987). According to Chapter 15.00.040 of the ECDC, the Community Development Director shall enforce Title 17, which includes enforcement of the height restriction for fences and hedges. Paul Mar, the Community Development Director should be required to enforce Title 17, and direct that the trees and shrubs either be kept trimmed, or replaced with smaller growing trees and shrubs. Names of persons requiring notification: Pursuant to Chapter 20.95.010 of the ECDC, the people on the attached list should be notified of this appeal by the Community Development Department. Date 13 , , 1995. c:\tt\clients\w\wager.app 'm igied& Donna M. Calf R be WOLFSTONE, PANCHOT & BLOCH, P.S., INC. Attorneys for Joe and Vicki Wagner and residents of Mariner Plaza Building -3- Property Owners to be Notified Names and address provided by First American Title Company: Owner: Alaska N W Publishing Co. Site #1 address: 130 2nd Ave S Edmonds, WA 98020 Site #2 address: no address, vacant land Mail address: 130 2nd Ave S Edmonds, WA 98020 Owner: William Erwert Site address: 116 2nd Ave S #202 Edmonds, WA 98020 Mail address: 114 2nd Ave S #202 Edmonds, WA 98020 Owner: ESC Associates Site address: 190 Sunset Ave N Edmonds, WA 98020 Mail address: 3131 E Madison St #202 Seattle, WA 98112 Owner: Nels O. Lindh Site address: 110 Main St Edmonds, WA 98020 Mail address: 4255 Thorndyke Rd Port Ludlow, WA 98365 Owner: Mariner Plaza Site address: 116 2nd Ave S #100 Edmonds, WA 98020 Mail address: 20146 25th Ave NW Seattle, WA 98177 Owner: Norhawk Investments Inc. Site address: 120 2nd Ave S Edmonds, WA 98020 Mail address: 120 2nd Ave S Edmonds, WA 98020 Owner: Park Department Site address: no address, vacant land Mail address: 250 5th Ave N Edmonds, WA 98020 Owner: Rio Petrol Inc. Site #1 address: 100 2nd Ave S Edmonds, WA 98020 Site #2 address: no address, vacant land Mail address: 100 2nd Ave S #11 Edmonds, WA 98020 Owner: Skippers Building #151 Site address: 102 Main St Edmonds, WA 98020 Mail address: Suite 200 Bellevue, WA 98007 Owner: State Dept of Transportation Site #1 address: 131 Sunset Ave Edmonds, WA 98020 Site #2 address: no address, vacant land Mail address: P.O. Box 330310 MS 118 Olympia, WA 98133 Owner: Richard and Dorothy Tucker Site address: 116 2nd Ave S #201 Edmonds, WA 98020 Mail address: 114 2nd Ave S #201 Edmonds, WA 98020 Owner: Joe Wagner Site address: 116 2nd Ave S #203 Edmonds, WA 98020 Mail address: 114 2nd Ave S #203 Edmonds, WA 98020 r .. •y ti i • ' `.'; L• ,; ' �:: ' c , Sit i lv� 1,� .099'• dr nn ' , e•'C: •r p ^. � it i � �. to XZ � .. .r � �. it •_ , ��• ,lam - M' _ �a-Y,�-a'�•� � f�� Z+r `fir ' r ' _ T: ' 4P, u • e'fi ~.� �.G�'�JJ'1sI .rr'`li�� F:t' w� l �i`T" `�+R � ,. < � rn 'Now ot 00 E K -'��-•• � � �.-. � N': T,tt I;l`, Inc• wy �� ,y� t i`;. J�- •/ J y ✓�" .. u} . A*�,� . • it • t' � i -. — � J�J" ."4Y"mot ' �. ' - . - •� _ �'%.. � � �'.. � �.. ii l o "•S • r�.�+_ fir. , .. _ . ,Q aai14r93 13:48 V200 340 880T WOLFSTONEPANCHOT f�001 Law Offices of WOLt=STONE, PANCHOT & BLOCH, STANLEY G. BAKIJN Cha P S INC. Aas d. CO°l"�" LYNN PEN% BARKEROf Counsel KENNETH A. BLOCH 1500 Norton Building —. KAY L, BROSSW SEATTLEIBELLEVUE DWF, NL CALv RM 801 Second Avenue (20M 002-3eao ROBERT L. DUUL(O Seattle, Washington 98104-1502 LAARRY A. JOHWONE TELECOPIER _XM A. WMARV (206) 316-837 OLD= PANCMOT KRON MICM49L IDAUUC14 BELLME OFFICE BRADL0410 EDWN G. S. WOL)OD CONFIDENTIAL FACSIMILE TRANSMISSION Selav320-Ie, NZ.. M EDWIN G. YYOODWARp $ellOvue, WA 98004 LEAN L. V4LFSTONE (1914-1981) P>aa Rapt' to Sam Qmw FAX LGCi.r.r.+.CTr I�r.r.r.rA:Lra,74r:r:i Y,L ti5'i y:d��7s�ooa:cr.o:-FEES 1 :UO?at:a)aY'CCi�CJ7:fi� f,90r... �I<< TO: Mr. Paul mar community Development Director City of Edmonds 250 - 5th Avenue North Edmonds, WA 98020 FAX NO. 771-0221 DATE: March 14, 1995 TIME: 1:30 p.m. FROM: Donna M. Calf Robe RE: Appeal of Staff Decision ITEMS FAXED: Letter w/Enclosures MESSAGE: SENDING A TOTAL OF 9 PAGES (including Fax Coversheet). If you.do not receive all of the pages or have any questions, please call Teresa at (206) 682-3840. THIS TRANSMISSION IS CONFIDENTIAL AND PRIVILEGED AND MUST BE FORWARDED DIRECTLY TO THE RECIPIENT NAMED ABOVE. IF YOU ARE NOT THE INTENDED RECIPIENT OR ARE NOT ABLE TO DELIVER THIS TRANSMITTAL TO THE INTENDED RECIPIENT, PLEASE NOTIFY US IMMEDIATELY BY TELEPHONE AND RETURN THE ORIGINAL MESSAGE TO US AT. THE ABOVE ADDRESS BY MAIL. 03/14/93 13:48 V206 340 883T WOUSTONEPANCHOT �002 Law Offices of Wolfstone, Panchot & Bloch, P.S., Inc. 5TMd„EY G. aA)0.1N LYMMJ KNa BARKER 1500 Norton Building Chart" J. CaoUdpe can P. Janben KENNETH A. BLOCH 801 Second Avenue Of Ca,r�l XAY 1. OROSSARP ----'� " DONNA M. CALF ROSE ' Seattle, Washington 98104-1577 ROWKY L. DIJUUO SEATTLEZELLEVUE LARRY A. JGI4NSTGN6 — C20b1 6112-31M JOFw A. McGARY DUDLEY PANCHOT FN(: (200) $4O4B97 KBVIN MIC 4AEL PAX" BRADLEY 6. WOLF 13ELLEVUE OFFICE EDWIN G. WOODWARD AZAMu, N.E.. 94110 LEON L. WOYSTOW BelieVlle, WA 68004 (19141981) —^-- Dloaw Re" to 54ame Office March .14, 1995 VIA FAX (206) 771-0220 AMID HAND DELIVERY Mr. Paul Mar Community Development Director City of Edmonds 250 - 5tS Avenue North Edmonds, WA 98020 Re: Appeal of Staff Decision Dear Mr. Mar: This letter is to serve as written documentation of your decision regarding the Wagners' request that the City of Edmonds trim or remove the row of trees and shrubs growing along the park next to the Mariner Plaza Building. When we spoke by telephone on February 28, 1995,'you stated that you did not interpret the Edmonds community Development code as requiring the trimming or removal of the park trees or shrubs and that neither you nor the Edmonds city Parks Department intended to request the removal or trimming of the trees and shrubs growing along the park fence. If this is an incorrect characterization of your decision, please provide me with a written clarification as soon as possible. Enclosed is the Appeal from the above Staff Decision. According to section 20.105.020 (B) of the Edmonds Community — � 03/14/83 13:49 040 8837 WOUSTONEPANCHOT 003 Mr. Paul Mar March 14, 1995 Page 2 Davalopment Code, the appeal is to be filed with you, the Community Development Diroctor. If you have any questions, or need additional information, please call me. vary truly yours, Donna M. Calf Robe WOLFSTONE, PANCHOT BL,OCH, P.S., INC. DCR/ts cc: Joe and Vicki Wagner • 03/14/95 13:49 '0206340 8837 WOUSTONEPANCHOT • 2004 Appellants: Joe and Vicki Wagner, and the residents and tenants of the Mariner Plaza Building, located at 114 Second Avenue South, Edmonds, Washington. Pacts: The wagners purchased a second floor condominium apartment in the -Mariner Plana Building in 1990. The wagners and the other residents purchased the condominium apartments in part because of the buildings unobstructed view of Puget Sound. However, over the years, their view has been encroached upon by the hedge of shrubs and trees growing. in a row along the fence. separating the city property from the Mariner Plaza Building. When the construction of the Mariner Plaza Building started in 1989, the Mariner Plaza Partnership approached the City of Edmonds about the possible removal of the trees and replacement with smaller trees or shrubs, and tho Partnership was willing to provide some substitute plant material. Raprecantatives for the City Parks Department told the Partnership that the trees were mature, would grow to only 25 feet, would not block the view of the residential units in the Mariner Plaza. Building, and would be kept trimmed by the City of Edmonds. in fact the City did trim the ehrubs and trees once in approximately 1991. However, the wall of trees and shrubs have since grown to approximately 40 feet and block the view of the Wagners and other residents of the Mariner Plaza Building. -1- 03/14/95 19:50 '$206 310 8897 ROUSTONEPANCHOT 005 Decision being annealed: an behalf of the Wagners and the residents of the Mariner Plaza Building, I wrote to Robert Chave, of the Edmonds Planning Department concerning the above -described problem. He did .not respond. When I called Mr. Chave, I was directed to John Bissell. He informed me that the city was unwilling to assist my clients. He promised a written response,. but i never received one. I then contacted Paul Mar, the community development director, and requested his assistance with the problem. When I called him on February 28, 1995, he informed aye that he had concluded that the Edmonds. Community Code was not being violated, and the City parks Department was unwilling to trim or remove the row of trees and shrubs. When I called him on March 3, 1995, he stated that he would not be sending me a written decision. Reason why decision _is wrong Pursuant to Chapter 17,30.000 of the Edmonds Community Development Code (IIECDC"), "Unless a variance is first obtained, no fence or hedge shall be more than six (6) feet in height...." The ECDC defines "Hedge" as "a fence or boundary formed by a dense row of shrubs or low trees." The trees and shrubs adjacent to the Mariner Plaza Building were planted along a chain link fence in order to create a boundary between the Mariner Plaza Building and the' city property. Enclosed are eopios of photographs chowing the boundary created by the dense row of shrubs and trees. The practical effect of this row of trees and shrubs has been to create a 40-foot fence between the Mariner -2- 03/14!85 13:50 V206 340 8837 WOUSTONEPANOHOT 2006 Plaza Building and the Puget sound. The Washington supreme Court has upheld a Washington Appellate Court decision that trees planted closely together, in a row, create a "fence" for the purposes of enforcing a community code prohibiting fences over six (6) feet in height. Clyde Hill v. o'se , 111 Wn.2d 922, 767 P•2d 1375 (1989); see also 48 Wn. App. 769, 740 P.2d 378 (1987). According to Chapter 15.00.040 of the ECDC, the Community Development Director shall enforce Title 17, which includes enforcement of the height restriction for fences and hedges. Paul Max, the Community Development Director should be required to enforce Title 17, and direct that the trees and shrubs either be kept trimmed, or replaced with smaller growing trees and shrubs. Names of persons reauirina notification! Pursuant to Chapter 20.95.010 of the ECDC, the people on the attached list should be notified of this appeal by the Community Development Department. Date-r4gU17 1 3 , , 1995. c:\tt\clients\w\wager„app 60rVX,0� m " Donna M. Calf Rdbe WOLFSTONE, PANCHOT & BLOCK, P.S., INC. Attorneys for Joe and Vicki Wagner and residents of Mariner Plaza Building -3- 03/14;05 13:61 $206 340 8837 WOUSTONEPANCHOT Pronerty owners to be Notified Names and address provided by First American Title Company: Owner: Alaska N W Publishing Co_ Site #1 address: 130 2nd Ave S Edmonds, WA 98020 Site #2 address: no address, vacant land Mail address: 130 2nd Ave S Edmonds, WA 98020 Owner: William Erwort Site address: 116 2nd Ave S #202 Edmonds, WA 98020 Mail address! 114 2nd Ave 8 #202 Edmonds, WA 98020 Owner: ESC Assooiates Site address: 190 Sunset Ave N Edmonds, WA 98020 Mail address: 3131 E Madison St #202 Seattlef WA 96112 Owner: Nels O. Lindh Site address: 110 Main St Edmonds, WA 98020 Mail address: 4255 Thorndyke Rd Park, Ludlow, WA 98365 Owner:' Mariner Plaza Site address: 116 2nd Ave S #100 Edmonds, WA,98020 Mail address: 20146 25th Ave NW Seattle, WA 98177 Owner: Norhawk Investments Inc. Site address:. 120 2nd Ave S Edmonds, WA 98020 Mail address: 120 2nd Ave 5 Edmonds, WA 98020 Owner: ParK Department Site.address: no address, vacant land Mail address: 250,5th Ave N Edmonds, WA 98020 Owner: Rio Petrol Inc. Site 41 address: 100 2nd Ave S Edmonds, WA 92020 Site #2 address: no address, vacant land Mail address: 100 2nd Ave S ill Edmonds, WA 98020 Owner: Skippers Building #151 Site address: 102 Main St Edmonds; 47A 98020 Mail addross: Suita 200 Ballevua, WA 98007 Owner, State Dept of Transportation Site.#1 address: 131 Sunset Ave Edmonds, WA 98020 Site #2 address: no address, vacant land Mail address: P.O. Box 330310 MS 118 Olympia, WA 98133 Owner: Richard and Dorothy Tucker Site address: 116 2nd Ave S #201 Edmonds, WA 58020 Mail address: 114 2nd Ave S #201 Edmonds, WA 98020 Owner: Joe Wagner Site address: 116 2nd Ave S #203 Edmonds, WA 98020 Mail address: 114 2nd Ave 3 #203 Edmonds, WA 98020 [a 007 �hr .�.. - rw ti 9 71 .j MEMORANDUM CITY OF EDMONDS PLANNING DIVISION FEBRUARY 1, 1995 TO: . PAUL MAR, COMMUNITY SERVICES DIRECTOR FROM: JOHN BISSELL, AICP, ASSOCIATE PLANNER SUBJECT: PARK TREES BLOCKING VIEWS AND PERTINENT HEIGHT RESTRICTIONS As you know, the City has received a letter from an attorney representing the owners of a condominium in the Mariner Plaza building on 2nd Avenue South. The attorney states in her letter.that trees located on Parks property are blocking the view of the Sound and mountains. The letter goes on to say that a Washington State Supreme Court decision has determined that trees planted closely together create a fence according to a Clyde Hill ordinance. The property owners at Mariner Plaza have alleged that Supreme Court decision will apply to the City of Edmonds, and thus our trees would be considered to be a fence and must be reduced to six feet in height. ECDC section 21.30.020 defines a fence as "...any construction of wood, metal, masonry or other material which provides a visual or physical obstruction to an observer at ground level." . ECDC section 21.40.020 defines a fence as "...a fence or boundary formed by a dense row of shrubs or low trees." The definition of fence uses the word "construction". It is clear that trees are not constructed, and therefore, a row of trees cannot be, considered to be a fence. In addition, the definition requires a fence to "provide a visual or physical obstruction from ground level." The trees which the property_owners are complaining about do not provide either a visual or physical obstruction at ground. level. The city has consistently enforced an interpretation that the term "lo►v trees" found in the hedge definition applies to low tree species, not to the height of a particular tree at a particular time. Therefore, mugo pine, pyramidallis and ornamental dwarf dogwoods are low trees. Typical Pines, Cedars and Douglas Firs are not low trees and would therefore not be considered to be a hedge. The trees which the property owners are complaining about are Coastal Pines. Coastal Pines are not considered a low tree by species, and therefore could not be considered as a hedge. . I have asked Scott Snyder at the City Attorney's office if the Clyde Hill case cited by the property owner's attorney has any bearing on our code requirements. He said that the Clyde Hill case is particular the precise wording of the Clyde Hill Ordinance. He has also agreed that our interpretations are.consistent with the code requirements and past interpretations'of the ordinance by staff and Hearing Examiner and that private property owners have no legal cause of action to remove trees or other view blockage from adjacent public. or private property absent a view easement authorizing them to do so.. According to these definitions, the Planning Division can find no violation, and therefore cannot require the Parks Division to remove or trim the existing trees._ If the, Parks Division decides to change the landscaping in the park, the new landscape plan must be approved by the Architectural Design Board prior to implementation. I hope this memo has answered your questions. R. c:\f►les\letters\trees.doc STANLEY G. BAKUN LYNN PENIX BARKER KENNETH A.BLOCH KAY L. BROSSARD DONNA M. CALF ROBE. ROBERT L. DiJULIO LARRY A.JOHNSTONE JOHN A. McGARY DUDLEY PANCHOT KEVIN MICHAEL PAULICH BRADLEY S. WOLF EDWIN G. WOODWARD LEON L. WOLFSTONE 11914-1981) • • Law Offices of Wolfstone, Panchot & Bloch, P.S., Inc. 1500 Norton Building 801 Second Avenue Seattle, Washington 98104-1502 January 24, 1995 ®ECEI 97 E® J AN 2 51995 Via Certified & Regular Mail CnMMu? TY e:=, RViCES CgIEGTOR Mr. Paul Mar Community Development Director City of Edmonds 250 - 5th Avenue North Edmonds, WA 98020 Re: Violation of Community Development Code Dear Mr. Mar: Charles J. Coolidge Carl P. Jensen Of Counsel SEATTLEIBELLEVUE 1206) 682-3840 FAX: (206)340-8837 BELLEVUE OFFICE 320-108th N.E., #410 Bellevue, WA 98004 Please Reply to Seattle Office This firm represents Joe and Vicki Wagner, and the residents and tenants of the Mariner Plaza Building, located at 114 Second Avenue South in connection with the view obstruction created by the city's hedge located on the adjacent city property. The Wagners and the other, residents of Mariner Plaza purchased the condominium apartments in .part because of the buildings unobstructed view of•Puget Sound. However, over the years, their views have been encroached upon by the hedge growing along the city property. When the construction of the Mariner Plaza Building started in 1989, the Mariner Plaza Partnership approached the City of Edmonds about the possible removal of the trees and replacement with smaller trees or shrubs. The Partnership offered to provide some substitute plant material. Representatives for the City Parks Department told the Partnership that the trees were mature, would grow to only 25 feet, would not block the view of the residential units in the Mariner Plaza Building, and would be kept trimmed by the City. In fact the City did trim the shrubs and trees in approximately 1991. However, the trees have since grown to approximately 40 feet. Pursuant to Chapter 17.30.000 of the Edmonds Community Development Code (I'ECDCII) , "Unless a variance is first obtained, no fence or hedge shall be more than six (6) feet in height...." The ECDC defines "Hedge" as "a fence or boundary formed by a dense row of shrubs or low trees." VFW' Mr. Paul Mar January 24, 1995 Page 2 The trees and shrubs adjacent to the: Mariner Plaza Building were planted along a,chain link fence in - order to create 'a boundary between the alley and the city property. Enclosed are copies of photographs showing. the' hedge created by the. dense row of shrubs and 'trees . The. Washington Supreme Court has upheld a Washington Appellate Court decision that, trees planted closely together, in a row, create a "fence" for the purposes of enforcing a community code prohibiting fences over.six feet in height. Clyde Hill v. Roisen, ill Wn.2d 912, '167 P.2d 1375 (1989); see also 48 Wn. App. 769, 740 P.2d 378 (1987). According to Chapter 15.00.040 of the ECDC, the Community Development Director shall enforce title 17, which includes enforcement of the height restriction for fences and hedges. I previously wrote to Robert Chave concerning this problem, but I did not receive a response from him. I also'called John Bissell and he promised to send me a written response, but I did not, receive one. Enclosed is a copy of my letter to Mr. Chave. The Wagners�.,and residents of Mariner Plaza would prefer to have this problem .dealt with amicably. However, they will not be ignored. Please call me to discuss this problem and how and when you will enforce the ECDC. If. I do not hear from you by February 10, 1995, I will seek court intervention. Very truly yours, Donna M. Calf Robe WOLFSTONE, PANCHOT & BLOCH, P.S., INC. DCR/kf Enclosures cc: Joe and Vicki Wagner Law Offices of Wolfstone, Panchot & Bloch, STANLEY G. BAKUN LYNN PENIX BARKER P.S., Inc. Charles rles J. Coolidge Carl P. Jensen KENNETH A. BLOCH 1500 Norton Building Cop Of Counsel KAY L. BROSSARD DONNA M. CALF ROBE 801 Second Avenue ROBERT L. DiJULIO Seattle, Washington 98104-1502 SEATTLEIBELLEVUE LARRY A.JOHNSTONE 12081 882-3840 JOHN A. McGARY DUDLEY PANCHOT PIER KEVIN MICHAEL PAULICH (206) 8) 34 0-888837 EDWIN G. WOODWARO BRADLEY S. WOLF BELLEVUE OFFICE LEON L. WOLFSTONE October 18, 1994 320-108th N.E., #410 (1914-1981) Bellevue, WA 98004 Rob Shave City of Edmonds Planning Department 505 Bell Street Edmonds, WA 98020 RE: Landscape Proposal Dear Mr. Shave: Please Reply to Seattle Office COPY S!= IT TO CLIENT 1994 VIA FAX VIA MAIL --Y/ I represent Joe and Vicki Wagner. Bill Shrad from the Edmonds Public Works Department suggested I write to you regarding my clients' problem. The Wagners own and reside in a condominium apartment located at 114 Second Avenue South 1203, Edmonds, Washington. The Wagners purchased the apartment in part because of its unobstructed view of Puget Sound. However; over the years their view has been encroached upon by trees growing between the Wagners' apartment and the Sound. The trees are approximately 40 feet tall and are growing on city property along the street. The Wagners would prefer to have the tops of the trees trimmed. However, Bill Shrad has informed me it is city policy not to trim trees for the purpose of preserving a citizen's view. The Wagners along with some of their neiglabors would be willing to hire landscapers to remove the large trees and plant smaller trees which would not grow as tall. The Wagners want to maintain the beauty of the landscaping, but want to enjoy the view they previously had of the Sound. Please call me at your earliest convenience to discuss what procedures we need to follow and any suggestions you may have to assist my clients with their problem. Very truly yours, Donna M. Calf Robe WOLFSTONE, PANCHOT & BLOCH, P.S., INC. DMCR:rs cc: Joe and Vicki Wagner 1� a is • �- i t t i a� • .� ;�1• f � 11' • I- �r } r�1�.-� '•>� �,.+ Sri,. • "'. � c,, � ,7 r'�,�. ;,: Ix lip 5 ~1 ,fir «� �_ ��', " Ar _1 •� s air . :fA,:�. ., ' �, a y:,,' .,_• •- .t I• o � •� h. '. ,. .. � .I I �� tom'' d,"'; � �S�ti: .%�� ._-`',' / �.,•M1` Z r �}� ,_f > L� y,n lard � � � r is •4.. - ►. • .... � _ - F t1� l