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16703 74TH PL W.PDFIIIIIIIIIIII 5961 16703 74TH PL W VAEET FILk'*: June 10 1976 MEPIO TO: Harry 11hi tc.utt Building official FROM: Richard H. Allen Assistant City Fnnineer SUBJECT: Building Permit Application for 16703 74th Place W. Subdivision S-30-69 After review of the suh,ject huildinq hermit anplication, we have the fol- lowing comments: 1. Reference Subdivision S-30-69, widening of street recruired by this development. '?"die site plan should be revised after consultation with this department. A. bond is recnured to be posted. PJTA:. mjr Permit Address Y Legal Description Sma PLAX BUILDING PERMIT P,FVTEI,-I = FNJGINFFRING DEPARTl,4FNT Y_ - CHECK LIST Reviewer's Tntinlc Septic Tank System Design Approved �`. ,2-e Sanitary Sewer Avai 1 ahi 1 i ty _�- ht. of Dwp, No. Pr ject: 11� I �" Side Sewer Availability: Any Sanitary Sewer Connection Fees 4. Site Drainage Checked A. 1,40D 5. Storm Sewer Availability: Sht. of Dwq. No. Project: _ Roadside Di tchp. J ,90ftE �ading A Final Contours idewalks (Site Inspection shows condition of existing walks" as follows): A 8. Curbs NOT 9. Curb Cuts K ) n k i ?� 10. Underground Hiring A . 11. Street Right-of-way A Bldg, Setbacks.:�Sht. of Dwg. No. of Official Street Map. 1 Existing Utility Easements - Access Easements 14. Water Mains A Fire Hydrants ( Indicate Size !-later Main) Ai5. Bonds for Site Work — V 16. Special Requirements listed in memo to Rldq. Dept. MiDIAD . Commercial Apt. Requirements form comnleted� �J 18. Drawings stamped A notations made g 19. Site Inspection made on 20. All items filled in on Bldg. Permit Application 21. This Lot included in Subdivisio (List any special requirements): 3/9/76 STREET FILE May 31, 1991 Peter Hahn Director of Community City of Edmonds 250 5th Ave. N. Edmonds, WA 98020 Dear Peter: Services JUN 19J� iPtwn DEFT. I am writing to ask you to clarify information I have regarding an access easement which affects Lots 1A, 1B, and 2 of the Plat Sitio. (16703 74th P1. S.W.) Enclosed are copies of letters from Duane Bowman and Leigh Francis which led me to believe that: (1) The described easement is not valid and therefore would not be considered regarding a building permit Aon lot 1A. (2) A 1987 building permit application for lot 2 was denied because the proposed access could not use an invalid easement. In the past month I have had two conversations with John Bissell, Code Enforcement Technician. He interpreted these letters to mean that Edmonds will not issue a building permit as long as there is an easement described on the title which reduces the square footage of the lots involved to less that 20,000 square feet required by the current RS-20 zoning requirements. . Because I currently have lot 1A listed for sale, it is important for me to have accurate information regarding a building permit. Will you please review the matter further, perhaps with someone in the planning department who was directly involved in the denial of the lot 2 building permit, and let me know where the City of Edmonds stands on this issue. I do not understand how the easement can be recognized at one time and not recognized at another. Sincerely, GL �. Joyce E. Johnson r CITY OF G ®M ON ® B LARRY S. NAUGHTEN 250 5th AVE. N. • EDMONDS, WASHINGTON 98020 • (206) 771-3202 MAYOR COMMUNITY SERVICES PETER E. HAHN DIRECTOR December 2, 1987 Joyce Johnson 2654 West Dravus Seattle, WA 98199 Dear Joyce: I am writing in response to your letter that I received on November 16, 1987 regarding your lot off 166th St. S.W. in Edmonds. Your lot was created by Edmonds Short Subdivision #S-30-69. The access, easement in question was set up after the short subdivision was approved and was done without the City's approval. As you know, the City recently rejected a building permit on the lot just south of your property based upon the fact that the access easement was not approved by the City. The City does not recognize the access easement and will issue a building permit to you in conformance to the current RS-20 zoning standards and the lot configuration approved under S-30-69. You may want to consult an attorney regarding the access easement, for while the City.does not recognize the easement as being valid, it is still on the title to your property. If you have any further questions, please feel free to call me at 771-3202, Ext. 254. Si rely, re Lane V. owman Assistant City Planner LTJONSON/TXTDVB51 PUBLIC WORKS PLANNING • PARKS AND RECREATION • ENGINEERING CITY OF E M® N® S LARRY S. NAUGHTEN 250 5th AVE. N. • EDMONDS. WASHINGTON 98020 • (206) 771-3202 MAYOR COMMUNITY SERVICES PETER E. HAHN DIRECTOR September 18, 1987 Lee McArthur Nor West Construction, Inc. P.O. Box 207 Seattle, WA 98160 Dear Mr. McArthur, 14 C11 This le er is in reference to a building permit for your property 16711 7 th Place West. As we have discussed, the City cannot approve a setback determination for the building permit, because the easement shown on the plot plan submitted with the permit is not acceptable. The easement shown on the plot plan was drawn up by a former property owner and recorded with Snohomish County; however, the City did not review the easement prior to its recording. The City would not have �0,01/J appro=d the easement, because it results in three lots smaller than r5 ��n/�� 12,000 square feet, the minimum lot size required. The subdivision file for the property indicates access for Lot 2 off 74th, rather than an access. The other two lots in the subdivision have access off 166th Pl. SW. Although the building permit has been denied, the Building Division has sent the plans in for plan checking. Jeanine Graf, the Permit Coordinator, informs me that the fee for plan checking is $268; however, you have paid $100. The remaining fee due is thus $168. Please send a check to Jeannine by October 2, 1987. She will then return the set of plans you submitted for the building permit. Sincerely, Leigh Francis Code Enforcement cc: ath.i and yeJ.°eh;n o PUBLIC WORKS PLANNING PARKS AND RECREATION ENGINEERING 2:325193 EASEMENT PROVISO FOR LOTS 1A, 1B and 2 'OF PLAT "SITIO" �j �i Easement objectives: The buyers of Lot No. 2 of Plat "Sitio", Arthur B. Walton and Roberta B. Walton, who also own Lot No. 1B of said Plat, have expressed the condition for the purchase of Lot No. 2, which provides access to Lot No. 2 through Lots 1A and 1B. The ease- ment, to be•described below, will provide the necessary space (land) for the future construction of a drive -way to Lot No. 2. Owners of Lots No. 1A, 1B and-2 however also have the rightto use this driveway. In view of the sloped nature and configuration of the terrain, the exact course and configuration of the drive -way cannot be established before the actual dirt -movement is done. Therefore the below described easement involving Lots No. IA, 1B and 2 is of temporary nature (character), providing a delie- nated area, on which the drive -way will be built; this area is traced on attached drawing of plat "Sltio": Description of easement: An easement for ingress, egress and utilities the center line of which is described as follows: An easement 20 feet in width, being 10 feet on each side of the following described line: Beginning at the Northwest corner of Lot 1, Sitio, according to plat recorded in volume 26 of plats, page 20, records of Snohomish County Washington; thence North 89045'SB" East along the :forth line of said Lot 1 a distance of 172.74 feet to the true point of beginning of said line; thence South 7000'00" east a distance of 85.00 feet; Except that portion lying within the North 10 feet of said Lot. An easement 30 feet in width, being 20 feet Northeasterly and 10 feet Southwesterly of the following described line: 9eginning at the terminus of the last above described line; thence South 62°53'20" East a distance of 62.24 feet to an intersection with the Southerly line of said Lot 1. An easement 35 feet in width, being 20 feet Northerly and 15 feet Southerly of the following described line: Beginning at the terminus of the last above described line; thence North 79010123"•East along the line common to Lots 1 and 2 of said plat to a point.ending 97.30 feet from last said point. Conversion of ternoorary easement into permanent easement: In this described easement area the access drive -way will be built, following approximately the presently existing roughed -in drive -way. This drive -way should also'accomodate a water pipe, if necessary. Once the drive -way has been built and completed, its exact configu- ration andcourse will be surveyed and described. It will then substitute the above described temporary easement (provisory) and all unused land will be returned to owners of Lots IA, 1B and 2 or excluded from the easement. T. Details of exact grading, position, sloping and timing of the con- struction of the access drive -way will be agreed between owners of Lots 1A, 1B and 2 and sharing of costs and agreement will be reached mutually on the necessary removal of trees to build the drive -way. OFFICIAL RECORDS i (continued on page 2)VOL ''JA FtS; 1GU 2 3A25193 .I ^g ;J • . `. tee. . w....rw•�•`�• .ems•+ \' ''1: �',�:� Page 2 es to e-way on each of he alBesh Plantingvstart as earlyas neasemef tbetween /LotseIAt and uldss the possible. This temporary easement should be considered in any sale of Lots �j 1A, 1B and 2. IPA Dated this 21s ay of December, 1973, Everett, Washington. —ire - Art ur B. Walton exec Woelz 'Walton Ro erta B. .� Carla S. Woelz ...09 .1dA�': , State of Washington AZV1���e County. of Snohomish i►� A.D. 19 before On this,. z day of 1 for the State of Washingtoh,-�.ul.q ic in a undersigned, a notary PiersonallAlexei Woelz and Carla S. commissioned and sworn appeared commissioned commis individuals described in and who executed to known to be the instrument, and acknowledged to me that they signed and deed for the the foregoing sealed the said instrument as their free and voluntary act and uses and purposes therein mentioned.. WITNESS my hand and official seal hereto affixed th day and year in this certificate above written. tar lic i and or the State o " of .mil residing at State of Georgia County of Fulton On this 31 st day of December A.D. 197before me, the undersigned, a Notary Public in and for the State of Georgia alton duly commissionon andinand Roberta B. Walton, meorn knownrtonbelthepindividualseareudescrWbed instrument, and acknowledged to me that the t who executed the foregoing instrument as their free and voluntary act _ signed and sealed the said and deed for the uses and purposes therein mentioned. n the day and WITNESS my hand and official seal hat*6�0,��Fixed year in this certificate above writ t n;'� t otar b*1c� and' For the State of n C7 y. residi `'cn �''•.. 'r �f ••tom „�.eieorP.la, E.oirc! Apr. 25. 1977 .. . I CITY OF EDMONDS 250 - 5TH AVE. N. • EDMONDS, WA 98020 • (206) 771.3202 STREET FILE COMMUNITY SERVICES: Public Works • Planning • Parks and Recreation • Engineering 890_194 June 7, 1991 Joyce E. Johnson 2654 West Dravus Street Seattle, WA 98199 Dear Ms. Johnson: LARRY S. NAUGHTEN MAYOR PETER E. HAHN DIRECTOR Subject: RESPONSE TO INQUIRY OF EASEMENT STATUS ACROSS LOTS 1A, 1B, AND 2 OF THE SITIO PLAT, 16703 74TH PLACE SOUTHWEST Thank you for providing the information in your letter of June 3, 1991, to assist me in researching the questions which you raised. I have spoken to Mr. John Bissell, who is the City's Code Enforcement Technician regarding your conversation with him, and the issues which surround the current development limitations on property. From my conversation with Mr. Bissell, and review of the letters which you provided, it is easy to understand your confusion. However, it is also clear that the City has given a consistent answer to your question. While both the letter from Leigh Francis dated September 18, 1987, and from Duane Bowman dated December 2, 1987, appear to present contradictory statements, they in fact state the same conclusion, but from a different approach to the issue. The Francis letter simply states that the City acknowledges that an illegal easement exists on the property which can not be counted as part of the lot area. The letter from Mr. Bowman restates the conclusion of the Francis letter by stating "The City does not recognize the access easement..." The intent of Mr. Bowman's statement was to indicate that the City does not recognize the easement as a "legal" easement, and therefore, all lots would still be required to meet the minimum 20,000 square foot lot size requirement and comply with the lot configuration approved in the short plat. • Incorporated August 11, 1890 • Sister Cities International — Hekinan, Japan The evidence provided clearly supports the City's denial of building permits for both lots 2 and 1A. The ingress/egress easement across these two lots was clearly established subsequent to the approval of the short plat, and without the knowledge of the City. Because of this illegal easement, both lots lA and 2 have lot areas which are below the minimum lot area required in the RS-20 zone. Until the illegal easement is eliminated and lots lA and 2 are restored to the minimum lot area required in the RS-20 zone, the City will not issue building permits to either of these lots. I believe the above analysis is consistent with that of my predecessor's, and clearly states the position of the City. However, if you should have any additional questions, please do not hesitate to call me at 771-3032. Sincerely, Je frey7S.Wilson, AICP Current Planning Supervisor pc: Peter Hahn, Community Services Director Robert Chave, Planning Manager John Bissell, Code Enforcement Technician JOHNSON/6-7-91.CORRES Page 2 of 2 APPLICATION Thd City of Edmonds for EASEMENT NO. ------------ SIDE SEWER PERMIT NiV CONSTRUCTION REPAIRS Fj LID NO . .................. ASMT. NO. ----.---..--_-__-- OWNER- .......... CONTRACTOR --- PERMIT NO. 'E>-7e,4rc:3' ......................................... -------------------- JOB ADDRESS --------------------------------------------------------------------- .... LEGAL DESCRIPTION: LOT NO. ----------- \--F ----5> ------------------ BLOCK NO. .................................... tr - - ? . -7 0 ------------------------------------------------ ----------------------------------------------------------------------------------------------------------------- T%T A'h4T7 nP A nnTrTnXT rN<_r -T Le-- "%E�7 .......................................... ............. ............... 6/ 11/75 APPLICATION The City of Edmonds for SIDE SEWER PERMIT4&EASEMENT NO. ------- NEW CONSTRUCTION JK REPAIRS ❑ LID NO_ ------------------ - ASMT. NO. ________-________ OWNER ----------------------- CONTRACTOR ---- .......................... PERMIT NO - - ----- 7Z JOB ADDRESS AIV7 ------- ------------------------------ LEGAL DESCRIPTION: LOT NO. -Ad -------------------------- BLOCK NO--, ------------ ---------- a 0 a .................... ................. -------- ---------------------------------- ....................................... --------------------------------------- NAME OF ADDITION ---- ;5 1�Tn -------- -- Approved: DATE---- - ---------- - -------------------------- By --------------------------------------------------- fi7yff CITY` 10;F 'ED�MtiO.N'DS, S'ID'.E SEWER' P�ER�MiIT =t } y, ,k 1 : P 1 , 1 l t 'P. 1 - y - r'r5. ). � � j •. + `L _ /Callf',776 2628.'Por eldeaewerapecUons) nFFORE }covering any" portion of! ¢he ,conetructlon.11 !\Inspection*willibe pr6vided.withln.}24 hours atter-!requst HIYO.Bat ,Sun tor,.`holiday;:inepectionai/ �, - ".�.,; < _4.. ADDRESSi+LOCATIONitOF CONSTRUCTION "...4. � . PROPERTY' LEG'AtI: +DESCRIPTION :..!'�.ti?.:::1..... .. .t h ...... OWNER AND/OR,!BUILDER "P".:.�.: ,t .?".. r`"".? v t "� t (V t) l !TRACTORSSi1NAMEe & ADDRESS A: _ - ;Permission Isflgranterl ..... 119"l:".;, Tor repair and%orc connection %f aside" "er4o the "city,eanitary;+sewer ; system{ in iimordanceywith City olT Edmonds ordinances. A r�NTION+I8i1CALLEDKTOi'THE FOLLOWING] ` �Nky r r -.;NQTEfNO!,.`1'—'1'hey'ownera)iof'stlie:property'_may .obtain a'permlt.to+'construct:?sewer lnetderproperty line,`;`•A+lfcensed'S Ida' `9ewer Contractor must be';employed+to$construct'. side4seiver. in^street area.: Do•not cover any. portlon•.of sewer.:before.dt:has.beemAnspected.. t� t NOTE:;No. 2-AID.work.performedl in; city, right=ot-waytrequires an, Inva fom of'lZlgw4` Way-Permit•io6 ainableifromcthesCity Engineer s'office " . (NOTE(.'No:,i3,=Obtain'.fu114lnformationKregardinq; Ordinance: 71 18`030' and; Regulations(;'governingsslde sewers .wherY:,you iget;permtt NOTE'No 4=Toplof'.iaide^sewer,muat,have*ataleeet 30 Incfies coverage:at`+property-e ne an&IV:inches inside property, llne;� minlmum grade oP 2 o:"'`NoibendsJln igrade ' ..�sharPer'-,thank,l/s`,•wi111!be'�permitted`.-`' ._.. ...; ,. ,.. •,_,. _., .. .., -• . ',� • NOTE"No ;S=Trenchesiita-J;street raivatwbe?waferisettled: and�surface�of atrcet,reetored, to.origfnal condilfonk .Contractors ilhali be, responsible'for falhire+due to 'improper,+ work' whlchhmay+develop wlthimone. Year oficompletion �f t� r+; {W. �NOTEj No .16—It Is!:unl¢wfuii to'yalter. or;do any} other work than Is' providetl for 1n ,the perrnit,; or to do' any work on the; maih =sewer -or its'.appurtenancea except ato+7n f aerC;thebpipe,d nto;rthet,.wye3' DIS'A`PPROViED 4 r+r Date By .. Dato By Date " By .: P.P-RO,�'�ED,x t + Date+ G� By c s Remarks:'+ r t L )BOTH P.elmltiCoptes;M'UST Bec;Signed(;By''Owne) of'.F1rin P.erforining COnstructioni PRIOR To, Request-For,,Inspection,— ' I,:.............................................'...... ............... hereby, certify that the,,side sewer inst, latiow.,conatructed under thisrpermlt (Owner lof .Contracting,,Fir-P erforming;,Constructign) wa r�stall'edulmaaccordailceYwith a7l�pp�overninpp• ordinances of:"the City,:of�Edrronds .r i O. O.. ^ 1 ................................................_ 4 ft119 Dated ; ' s :.:: ....... day .of.:,.. S J 1Check BEFORE; you dig for Watery p' , Gas �+ Telephone ❑, ; Powerap, Sewer +�,1 lOther ❑i�r'