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17811 72ND AVE W.PDF111111111111 5649 17811 72ND AVE W When recorded mail to: City Clerk City of Edmonds 121 Fifth Avenue North Edmonds, WA 98020 CONFORMED COPY 200304160293 5 PGS 04-16-2003 09:32am $23.00 SNOHOMISHCOUNTY. WASHINGTON ZOZ) 2 __ 0 (oz-q APPLICANT IS: SPACE ABOVE THE LINE FOR RECORDERS USE �KProperty owner Assessor's Parcel No.: 930571-Siaoo i 6,Dc)c1._ 0 Business Owner Applicant: bQU&Lh-C. 44� _S0iSCLEr-P ENCROACHMEENTAGREEMIENT . This ENCROACHMENT AGREEMENT ("Agreemenf') is entered into between the CITY OF EDMONDS ("City") and - -_boueots i�. :5.',UQ.C_LEC-F ("Owner[s]"), in accordance with Chapter 18.70 of the Edmonds Community Development Code. kedaj a1C1z64&;&1V: -r.Q 71V k 1 The Property. Owner is the owner of that certain real pro perfy located at Alell - '7Z;�-L-3 PwE_ ui, , within the City of Edmonds,' Washington, Assessor's Parcel Number 00 �7131 00c)l 6CcZ and more particularly- described in Exhibit "A" attached hereto and incorporated herein by reference. Business owner, is the business owner of that certain real property noted above. 2. The Easement.' The City currently owns an exis I ting easement over, under, and across Owner's property for street, alley, sidewalk, other NA whi.ch is described in Exhibit "B" atttac ed hereto and incorporated by reference. 3. The Encroacbment. The City hereby covenants a . nd a grees . and grants its permission to Owner.or —B-3-inesS 9wnff to allow RE-r INIAI to remain in a portion of the City right-of-way/easement. A plat map showing the location of the encroachment is attached as Exhibit "C" and incorporated by reference. This Agreement is subject to the following terms and conditions: a. The encroachment shall be installed and maintained in a safe and sanitary condition at the sole cost, risk, and responsibility of the owner and its successors in interest. - 1 - b. The Owner shall agree at all times to indemnify'and hold the City free and harmless from any and all claims, demands, losses, damages or expenses resulting from the construction' maintenance, use, repair or removal of the structure installed -hereunder, including. any losg, damage or expense arising out of (1) loss or damages to property and (2) injury to or death of persons. C. The Owner must remove or relocate any part of the encroachment within ten (10) days or such other time as specified in the notice after receipt of it from the City Engineer, or the City Engineer may cause such work to be done and the reasonable cost thereof. shall constitute a lien -upon the property. d. Whatever rights and obligations were acquired by the City with respect to the easement shall. remain and continue in fall force and effect and shall in no way be affected by city's grant of permission to construct and maintain the encroachment structure. 4. Entire A2reement. This Agreement constitutes the entire agreement between the. parties with respect to the subject matter hereof and supersedes and replaces all other agreements, oral or written, between the parties with respect to the subject matter. 5. Notices. Any notice which is required or may be given pursuant to this Agreement shall be sent in. writing by United States mail, first class, postage pre -paid, registered or certified with return receipt requested, or by other comparable commercial means and addressed as follows: If to the Ci : City Engineer City of Edmonds 121 Fifth Avenue North Edmonds, WA 98020 If to the Owner: LJ I) L (z 1-7 S I i - _72_P�P A u E_ VJ i,� DI , 63 A - q which addresses may be changed from time to time by providing notice to the other party in the manner described above. 6. Waiver. -C ity's consent to or approval of any act or omission by Owner shall not constitute a waiver of any other default by Owner and shall not be deemed a waiver or render unnecessary City'�s consent for approval to any subsequent act by Owner.. Any waiver by City..of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of the Agreement. -2- 7. Successors and Assigns. This Agreement shall be binding and . inure to the benefit of the parties hereto and their respective legal representatives, successors, and assigns. Owner agrees to incorporate this agreement by reference in any subsequent deeds to the property, but any failure to do so does not invalidate this p . rovision. 8. Capaci . Each party represents that the person(s) executing Us Agreement on behalf of such party has the authority to execute this Agreement and by such signature(s) thereby bind such party. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this day of 20_Qa_. (0- WNER)() or BUSRfB��(S): By:7 By: STATE OF wAsHiNGTbN COUNTY OF SNOHOMISH This dayj personally appeared before me, ---- /' gLU:::' /� - to me known to be the person(s) who executed the witlffn and foregoing docurn �helshelthey) signed the same as (Lis1herltheir) ent and that free and voluntary act and deed for 1��*an�purposes therein mentioned. 0 . . ......... OTAR y 1A M. ublic -.0 Cn :0 - '4 '-T ROSS Puwc 411vo d,\ 19 Typed or Printed Name� My Commission expires: 9 CITY OF EDMONDS L*%TEMP\BUILDINOViANDOUT\EnaoachAgme4m -3- CITY OF EDMONDS ENCROACHMENT PERMIT RESIDENCE ADDRESS: 17811-72' AVE WEST ASSESSORS PARCEL NUMBER: 00513100016002 LEGAL DESCRIPTION OF PROPERTY NORWOOD PARK in the SW 1/4SECTION 8, T27N, R4E CITY OF EDMONDS, SNOHOMISH COUNTY MEADOWDALE BEACH: LOT 160, D-002 THE NORTH 75. FEET AS MEASURED ALONG THE WEST LINE OF THE SOUTH 532.49 FEET AS MEASURED ALONG THE WEST LINE OFTHE WESTERLY 130. FEET AS MEASURED PARALLEL TO THE SOUTH L I INE OF TRACT 160, PLAT OF MEADOWDALE BEACH, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 5 OF PLATS, PAGE 38, IN SNOHOMISH COUNTY, WASHINGTON; EXCEPT THAT PORTION THEREOF, IF ANY CONVEYED TO SNOHOMISH COUNTY BY TAX DEED RECORDED UNDER'RECORDING NUMBER 2228920 SUBJECT TO; ALL EASEMENTS, RESTRICTIONS, RESERVATIONS AND AGREEMENTS OF RECORD IF ANY. MEADOWDALE BEACH; LOT 160, D-004 BEGINNING AT THE NORTHWEST CORNER'OF LOT 160 THENCE SOUTH 4 DEG 55 MIN 24 SEC WEST ALONG THE WEST LINE OF SAID LOT FOR 150.51 FEET TO THE TRUE POINT OF BEGINNING, THENCE CONTINUE THE SAME BEARING ALONG THE WESTERLY LINE FOR 10.03 FEET MOR OR LESS, THENCE SOUTH 89 DEG 24 MIN 44 SEC EAST PARALLEL TO THE SOUTH LINE FOR 130 FEET, THENCENORTH 4 DEG 55 MIN 24 SEC EAST FOR 10 FEET MORE OR LESS TO A POINT WHICH BEARS EASTERLY FROM THE TRUE POINT OF BEGINNING, THENCE WESTERLY PARALLEL TO THE SOUTH LINE FOR 131 FEET MORE OR LESS TO THE TRUE POINT OF BEGINNING. ROME- N q 055-12, F— RESIDENCE AVE w cc Ll k ES A-mm 72-#jjDAVF-- WfST EXH B IT vi I P1 When recorded mail to: City Clerk City of Edmonds .121 Fifth Avenue North Edmonds, WA 98020 CONFORMED COPY 200304160293 5 PGS 04-16-2003 09:32am $23.00 SNOHOMISH.COUNTY, WASHINGTON APPLICANT IS: SPACE ABOVE TEE LINE FOR RECORDERS usE )<Property Owner Assessor's Parcel No.: 00 -51 -S 1 '00616,0 o,,—w 0 Business Owner Applicant: bou&Lh-. 44, ISUSCLE ENCROACEM'MNTAGREEMIENT This ENCROACFMENT AGR. EEMENT ("Agreement") is entered into between the CITY OF EDMONDS ("City") and lZiourrLAS it. _-&-UQC_LEF-F ("Owner[s]"), in accordance with Chapter 18.70 of the Edmonds Community DeVelopment Code. 7 4 71V k #E I The Provertyi, Owner is the owner of that certain real property located at AlEil r7ZZqi AVE- W, within the City of Edmonds, Washington, Assessor's Parcel Number 00 5131 000l ("Coz and more particularly- described in Exhibit "All attached hereto and incorporated he . r;eimn by reference. Business owner, the business owner of that certain real property noted above. s 2. The Easement. The City currently owns an existing easement over, under, and across Owner's property for street, alley, sidewalk, other which is described in Exhibit "B" attached hereto and incorporated by reference. 3. The Encroachment.. The City hereby covenants and agrees and grants its permission to Ovvrner.oz,4�� to allow RE-rAINIA16� to remain in a portion of the City right-of-way/easement. A plat map showing the location of the encroachment is attached as Exhibit "C" and incorporated by reference. This Agreement is subject to the following terms and conditions: a. The encroachment shall be installed and maintained in a safe and sanitary condition at the sole cost, risk and responsibility of the owner and its successor . s in interest. -I- 71, - b. The Owner shall agree at all times to indemnify and . hold the City free and harmless from any and all claims, demands, losses, damages or expenses res ulting from the construction, maintenance, use, repair or removal of the structure installed hereunder, including. any loss, damage or expense arising out of (1) loss or damages to property and (2) injury to or death of persons. C. The Owner must remove or relocate any part of the encroachment within ten (10) days or such other time as specified in the notice after receipt of it from the City Engineer, or the City Engineer may cause such work to be done -and the reasonable cost thereofshall constitute a lien,up6n the property. d. Whatever rights and obligations were acquired bythe City with respect to the easement shall remain and continue in full force and effect and shall in no way be affected by city's grant of permission to construct and maintain the encroachment structure. 4. Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all other agreements, oral or written, between the parties with respect to the subject matter. 5. Notices. Any notice which is required Agreement shall be sent in writing by United States registered or certified with return receipt requested, o means and addressed as follows: If to the Ci : City Engineer City of Edmonds 121 Fifth Avenue North Edmonds, WA 98020 If to the Owner: (D W t�.E (z 1-76it EtMor-I-DI, UJA CtTD2-& or may be given pursuant to this mail, first class, postage pre -paid, by other comparable commercial which addresses may be changed from time to time by providing notice to the other party in the manner described above. 6. Waiver. City's consent to or approval of any act or omission by Owner shall e not constitute a waiver of any other default by Owner and shall not be deemed a waiver or render unnecessary City's consent for approval to any subsequent act by Owner.. Any waiver by City . of any default must be in writing and shall not be a waiver of any. other default concerning the same or any other provision of the Agreement. -2- i '-- 7. Successors and Assigns. This Agreement shall be binding and inure to the benefit of the parties hereto and their respective legal representatives, successors, and assigns. Owner agrees to incorporate this agreement by referen i ce in any subsequent deeds to the property, but any failure to do so does not invalidate this provision. 8. Capaci . Each party represents that the person(s) executing this Agreement on behalf of such party has the authority to execute this Agreement and by such sign ' ature(s) theieby.bind such party. IN W=SS. WHEREOF, the parties hereto have executed this Agreement on this day of F<bri 20_Q T COWNER)() or BUSRfF (S): 33y- g By: STATE OF WASHINGTON COUNTY OF SNOHOMISH This day, personally appeared before me, g. to me known to be the person(s) who executed the witlyn and fore oing docum Qev'shelthey) signed the same as ftslherltheir) 9 . ent and that -- 61�; free and voluntary act and deed for tLwaWVnd. purDoses therein mentioned SION (P IN% OTARY 0 Cn: PUBUG 19 A Y V- P CITY OF EDMONDS B . Y OEXG/IN&ESEZR�ING D�IVISION NoYar/Public '-T Typed or Printed Name My Commission expires: 0/—/,7 - 0 ----3 L-%7MbgN]PJU.DINGUiANDOLniEnmawhAgre& �&c -3- 7 %�. � CITY OF EDMONDS ENCROACHMENT PERMIT RESIDENCE ADDRESS: 17811-72ND AVE WEST ASSESSORS PARCEL NUMBER: 00513100016002 LEGAL DESCRIPTION OF PROPERTY NORWOOD PARK in the SW 1/4SECTION 8, T27N, R4E CITY OF EDMONDS, SNOHOMISH COUNTY MEADOWDALE BEACH: LOT 160, D-002 THE NORTH 75. FEET AS MEASURED ALONG THE WEST LINE OF THE SOUTH 532.49 FEET AS MEASURED ALONG THE WEST LINE OF THE WESTERLY 130 FEET AS MEASURED PARALLEL TO THE SOUTH LINE OF TRACT 160, PLAT OF MEADOWDALE BEACH, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 5 OF PLATS, PAGE 38, IN SNOHOMISH COUNTY, WASHINGTON; EXCEPT THAT PORTION THEREOF, IF ANY CONVEYED TO SNOHOMISH - COUNTY BY TAX DEED RECORDED UNDER RECORDING NUMBER 2228920 SUBJECT TO; ALL EASEMENTS, RESTRICTIONS, RESERVATIONS AND AGREEMENTS OF RECORD IF ANY. MEADOWDALE BEACH; LOT 160, D-004 BEGINNING AT THE NORTHWEST CORNER OF LOT 160 THENCE SOUTH 4 DEG 55 MIN 24 SEC WEST ALONG THE WEST LINE OF SAID LOT FOR 150.51 FEET TO THE TRUE POINT OF BEGINNING, THENCE CONTINUE THE SAME BEARING ALONG THE WESTERLY LINE FOR 10.03 FEET MOR-OR LESS, THENCE SOUTH 89 DEG 24 MIN 44 SEC EAST PARALLEL TO THE SOUTH LINE FOR 130 FEET, THENCE NORTH 4 DEG 55 MIN 24 SEC EAST FOR 10 FEET MORE OR LESS TO A POINT WHICH BEARS EAS - TERLY FROM THE TRUE POINT OF BEGINNING, THENCE WESTERLY PARALLEL TO THE SOUTH LINE FOR 131 FEET MORE OR LESS TO THE TRUE POINT OF BEGINNING. I -Ty 0 f El) m Et4 C kQ ALCIA M Ell -PE krn IT N :yl2j r SA 7Z-j X. ci RESIDENCE 17211-772-M.D.AVE W < INE .--72- MD AvF- wfs EXH I B IT "C, I PERM[T#: &05 -000/ DATE APPLICATION RECEIVED: d3 ADDRESS OF PUBLIC USE: -7 1 —7 zrv-/ pcvz— pi PROPERTY OWNER: n(A,t2 . __)o lyut YOUR REVIEWIS COMPLETE., PLEASE ROUTE TO THE NEXT . DIVISIONIDEPARTMENT ON THE LIST. * * * PLEASE ROUTE IN THE ORDER SHOWN * * * �g<PLANNINGDIVISION Date Stamp Received: RECEIVED FEB 2 1 2003 01, PUBLIC WORKS ENGINEERING DIVISION Date Stamp Received: MAN 0 � 20103 Date Stamp Received: PUBLIC WORKS DEPI DS ADMTNISTRATION Date Stag Received: O/� RE IVED MAR 12 2"6",3 -------------------- APPROVAL SIGNA TURES AND REMARKS OR COMMENTS ARE TO BE MADE UNDER THE ""DEPARTMENTAPPROVALS--SECTION ON THE PERMIT. RAengrWormsEncroachment perinit routing I #59 4'. 'Si— . lsc)%3 ENCROACHMENT PERMIT APPLICATION PROPERTY OWNER NAME: T)OUGLAS 14. SU6CL-E-f�F Phone �2,5-77S---SWD PROPERTY OWNER MAILING ADDRESS: g2)1& - lgq'i� pL SLj _Enrn0,1-D-S, WN q902-6 BUSINESS NAME for Commerical applications: ADDRESS OF PUBLIC USE: A-78 It -72-1�-,DAvr- %AJ -F—prnotiDsl LJA W02-6 Describe the portion of public space, City right-of-way or easement area to be utilized (i.e., overhead space of sidewalk, 10 foot City utility easement along north property line, etc): Orn' Ri6-wr-op-wM -Tpt.4-r PARALLF-Ls Spo�4 RRoPEkTYLArE- Atolv& SiDE I i9--nZE&-i V797�0- S-r -5vd Describe the type of encroachment or use desired (i.e., fence 6 feet by 150 feet, awning 3 feet wide by 7 feet long, etc.): 9MCK RETAirLAI& WNL.1- 'T9AT VARIE� hV HEI&4T FROM 2 F007- --no I -FoaT -Ar4D LIATEND-S 2.�5,FE-Q- FROIn Scum Pft PE M Li Ne 1� rJ--0 PA M LLE- 0� F E- r4 C F- L I W E fo� -0 1 S —tA-N c- E- a f- I 1':L FEZT. A P 9Ro y 19 Y7, F& --r D r- R 16W 7- b F Jtr V 9fir -AWS Ct EA Q -70 5r/Ze E7 - Specify the length of time for use.(i.e. awning for life of building, espresso cart for summer months, etc.), . INIDEFIM IT-E-- AS LDN& ArS CjT'YOF 9D47DA(D-S .4LL,81,J.0 NOTE.- 7he issuance of this permit is understood by the applicant to be of a temporary nature and that no vested right is granted. INDEMNIYY- Yhe applicant understands and by hislher signature to this application, agrees to hold the City of Edmonds harmless from any injuries, damages or claims of any kind or description whatsoever, foreseen or unforeseen, that may be made against the applicant or the City of Edmonds, or any of its departments or employees, including but not limited to the defense or any legal proceedings including defense costs, court costs, and attorney fees by reason of granting this permit. In addition, the application understands that the City shall be provided a Certificate of Insurance to indemnity and hold harmless the City of Edmondsfrom all claims andlorproperty damage, and naming the City ofEdmonds as an additional insured CODE APPLICATION.- By signing the application below the applicant warrants that s1he has read or had the opportunity to read Chapter 18.70 of the Edmonds Community Development Code and s1he understands that all terms of the adopted ordinance are incorporated herein as ifsetforth infull and this applicatigl andpermits therefore are subject to the terms of that Chapter. SIGNATURE I if -rtf,�' J DATE D-/7 /a06 L:Temp:Building:Handout:Encroachho.docjlgO6/02 MM CRITERIA OF PERMIT APPROVAL The applicant shall follow the noted conditions on the building permit. For applications that do not require a building permit the following criteria shall be maintained at all times. > Provide safe pedestrian travel for sidewalk encroachments. Maintain a clear zone of 44 inches minimum. See definition of clear zone below. > Exterior light fixtures, banners and flags must be a minimum of 7 feet above City right-of-way. > Maintain clear landings on the exterior side of all required exit doors of 44 inches or no less than width of door, measured toward the street. > No projections into City alleys are permitted unless the projection exceeds 15 feet above pavement surface. > Do not block illumination from City light fixtures or hang objects from City light standards. > Architectural projections from buildings must be approved by the Design Board and conform to Uniform Building Code requirement fs. A building permit shall be required for such projections. > Maintain 3 feet of clearance around fire hydrants, standpipes, manholes, water meters, blowoffs, cleanouts and valves. > Bistro dining tables and chairs must be placed in accordance with City Ordinance No. 3293 > Merchandise racks, espresso carts, flower planters, benches must not be located within the "clear zone". > Ramps require a separate building permit and must conform to UBC standards., Clear Zone Deflnition: Clear Zone refers to an area 7 feet in height and 44 inches in width providing level, safe walking surface along the public sidewalk (i.e. measuring 44 inches from edge of street tree grates or newspoer stands toward place of business and from the ground uo to a height of 7 feet). ------------------ DEPARTMENT APPROVALS --- FOR CITY USE ONLY - Planning Division Approved By(J1rc,0a::2,,�,ADB# tjj�,, Date 9>- 14- o-�3 Remarks or Comments: Zcr,)2.,, 17-A-. 1��, ---N rA L/7) L4 I e'17 L, Public Works Approved Bv,1 Date Remarks or Comments: Engineering Division Approved By 3 A'(p a Remarks or Comments: Aek,�-> 2ujoCtr- teyjePW Certificate of Insurance Verified By Date Easement Agreement sent to City Clerk for recording Date ENCROACHMENT PERMIT# RELEASED BY -M() / ISSUAN 1-hi 12003 0-3 L(bL��- RECEIPT# 2A WCA 10 11411 --VJ V, BUILDING PERMIT #- 2-06 Z - 0 b 2-1 6V RECORDING # L:Temp:Building:Handout:Encroachho.docjlgO6/02 City of Edmonds Development Services Department Planning Division - hone: 425.771.0220 Fax: 425.771.0221 The Critical Areas Checklist contained on this form is to be filled out by any person preparing a Development Permit Application for the City of Edmonds prior to his/her submittal of the application to the City. The purpose of the Checklist is to enable City staff to detennine whether any potential Critical Areas are, or may be, present on the subject property. The information needed to complete the Checklist should be easily available from observations of the site or data available at City Hall (Critical areas inventories, maps, or soil surveys). DateReceived: '61bJUC- City Receipt#: Critical Areas File #: Critical Areas Checklist Fee: $45.00 Date Mailed to Applicant: A property owner, or his/her authorized representative, must fill out the checklist, sign and date it, and submit it to the City. The City will review the checklist, make a precursory site visit, and make a determiniation of the subsequent steps necessary to complete a development permit application. Please submit a vicinity map, along with the signed copy of this form to assist City staff in finding and locating the specific piece of property described on this fonn. In addition, the applicant shall include other pertinent information (e.g. site plan, topography map, etc.) or -studies in conjunction with this Checklist to assistant staff in completing their preliminary assessment of the site. The undersigned applicant, and his/her/its heirs, and assigns, in consideration on the processing of the application agrees to release, indemnify, defend and hold the City of Edmonds harmless from any and all damages, including reasonable attomey's fees, arising from any action or infraction based in whole or part upon false, misleading, inaccurate or incomplete information fumished by the applicant, his/her/its agents or employees. By my signature, I certify that the information and exhibits herewith submitted are true and correct to the best of my knowledge and that I am authorized to file this application on. tooehalf of the owner as listed below. SIGNATURE OF APPLICANVAGENT DATE Property Owner's Authorization By my signature, I certi6 that I have authorized the above Applicant/Agent to apply for the subject land use application, and grant my permission for the public officials and the staff of the City of Edmonds to enter the subject property for the purposes of inspection and posting attendant to this apj�cation. SIGNATURE OF OWNER —DATE U Owner/Applicant: 7:i7�Lo �, �� u �Y_ r" (-) Le\ \ Name R_ � LJ Street A ,4dress V ce!:�DMCADs CJA 98;-LOZ6 city State Zip �-J`) �",7 7�_- 398vC-) Telephone: Email address (optional): Critical Areas Checklist.doc/3.19.2001 AppUcant Representative: Narne Street Address City Z State Zip Telet)hone:"- Email Address (optional): Critical Areas Checklist CA File . No: 01— 1 VZ` Site Infomiation (soils/ topography/ hydrology/ vegetation) 1. Site Address/Location: �79((—_72_x�_DAk_ LJ !�_, o, -,j > � 2. Property Tax Account Number: ce)01�_ I �) 1 0 00 /a 0 0'2- 3. Approximate Site Size (acres or square feet): 4. Is this site currently developed? _1,// no. . yes; If yes; how is site developed? fSjr04je_ 7-PTfn)Lv,_ 4c) osc 5. Describ e general site topography. Check all that apply. Flat: less than 5-feet elevation change over entire site. Rolling: slopes on site generally less than 15% (a vertical rise of 10-feet over a horizontal distance of 66-feet).. Hilly: slopes present on site of more than 15% and less than 30% ( a vertical rise of 10-feet over a horizontal distance of 33 to 66-feet). Steep: grades of greater than 30% present on site (a vertical rise of 10-feet over a horizontal distance of less than 33-feet). Other (please describe): 6. Site contains areas of year-round standing water: Approx. Depth: 7. Site contains areas of seasonal standing water: Approx. Depth: .What season(s) of they, ecar'? 8. Site is in the floodway wc� floodplain of a water course. 9. Site coPoins a creek or an area where. water flows across the grounds surface? Flows are year-round? Flows are sea s*onal? (What time of year? 10. Site is primarily: forested meadow -shrubs 1!d urban landscaped (lawnshrubs etc) 11. Obvious wetland is present on sit I e: ALP I tv RM !44, r *17ef at 4! 6MR 1 MIM � �S.M_ cn% o. M6 ts, Critical Amas Checklist.doc/3.19.2001 AC I 00� CERTIFICATE OF LIABILITY INSURANCE OP ID L SUBC �1� DATE (MMIDDNYYY) 02/06/03_ PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Scott M. Campbell ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE -insurance Services Group, Inc. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 600 Main Street, Suite A ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Edmonds WA 98020 Phone:425-775-6446 Fax:425-640-9225 INSURERS AFFORDING COVERAGE NAIC # INSURED INSURERA: Safeco Insurance Co. 11070 INSURER B: INSURER C: Douglas H. Subcleff 881 189th P1 SW Edmonds WA 98026-5928 INSURER D: INSURER E: COVERAGES THE 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 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 ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTRINSRC TYPE OF INSURANCE POLICY NUMBER Y EFFEC WE (MMIDDI POLICY EXPIRATION DATE (MMIDDIYY) LIMITS GENERAL LIABILITY -PDOALTCE EACH OCCURRENCE $ HCOM MERCIAL GENERAL LIABILITY CLAIMS MADE 1-1 OCCUR OH1099488 05/16/02 05/16/03 P' RVE M i's E s' '(E. ' Nc cu'r a n c 'e) S MED EXP (Any one person) $ PERSONAL & ADV INJURY s 300000 GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ j LOC POLICY [ PERCO� F PROP DAM 300000 AUTOMOBILE LIABILITY ANY AUTO COMBINED SINGLE LIMIT (Ea accident) $ BODILY INJURY (Per person) ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC S $ AUTO ONLY: AGG EXCESSIUMBRELLA LIABILITY EACH OCCURRENCE $ —1 OCCUR EICLAIMS MADE AGGREGATE $ $ DEDUCTIBLE $ RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY L;ZSIAIU- I jUIH- TvOvRY LIM TS ER E.L. EACH ACCIDENT $ ANY PROPRIETOR/PARTNER/EXECUTIVE E. L. DISEASE - EA EMPLOYEEI $ OFFICER/MEMBER EXCLUDED? If xes, describe under S ECIAL PROVISIONS below E.L. DISEASE - POLICY LIMIT 1 $ OTHER A Dwelling Fire OH1099488 05/16/02 05/16/03 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS IT IS UNDERSTOOD AND AGREED THAT THE CITY OF EDMONDS IS NAMED AS AN ADDITIONAL INSURED. CERTIFICATE HOLDER CANCELLATION City of Edmonds Building Division 121 Sth Ave. N. Edmonds WA 98020 CITYOFE SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATIOt DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE I Scott M CamDbell A6Lt� ACORD 25 (2001/08) ACORD CORPORATION 1988 PLOT ?Lkt� \AJ 5CALE ,Icuk AcccLx�-t C)c 5i3i o i\.tc R a7E. lu Z c UJ ,b CA RPo R—) Lcl� C . ............ IW 0-8�. *-G� 0 J R E CIE PATIO R-E-,,4rlN;tJC-,TWALW AAEA OF EMCRcDqCHr4EAP—j::O�' I-J-P (2-"12- Ff ET 0 U T Y, I I a LC N Rocit cs-w F- ET-111-EDro F- I LWS -SW-7- -To-tcj S+(eA W [6� 'D.\A.SUCtCL�-rr� 2-1,51ZOOZ) MV. I ump-� Bektwo W I'la 782 SOO SHErTS, FILLER 5 SOUARE 50 S14FET - ASE' 5 SOk I RE E 42.382 100 SHEETSS EEYYEE:FA r' 5 S UA IE ,,�Naflonal eBmnd 42 389 200 $1 IEETS EYE EASF" 5 SQOUARE S 41392 10ORFCYCLED WHITE 5SOVASE 20OPECYCLCD WHITE 5SQUARE 4:1-399 1-- � . S A E-Dfnomib-� f-- N C 9 0 A C k ME,,J -r PR- M /7- -'�u -/� (Y7 / 77,4 -EL-E-\j Nii b r� � i Eu� o 1-7211 - 72-1�2- Avr: W S"Eb OEI&Han�� F f�o�Z-iH �Pmm 17qT"S-FSV\,/ -< c P, -E)(UVZit\�6 CSq -D.kA, C�,OCSCLE-�f- 9-15-12CQ I M. KC kaVm a ;f -- -vA -Iliu�-�,. v;..�- , . t 7:,s 7- -,M PZ V! 'Ift Ali, P4 E IVV ei, kk� zz MIR Own R 1, Me 4. V �Opl' P-1 44 �11. . wo, JA.. I ;j N < -Z uj LOT ?LA i� 17 811- 72 (2 AJ E 'vJ SCIALL I"=2Cj' C) c 5 i Sl io C) o 1 0 me, Iv (i vj ku CAMR Tj R E SE �'D E CIE L PATI 0 ';EtICE Lt�LS ...... IL - . . . . .. . ... v . .. . . . . . . .. . — — Ll 0-10�- *-J� a qemmmmmmmwwpp-o -0�-Q�0-4w - I R-ETAIN:IAIC— AAEA OF EMCRCACHMEA�-' bl' I Ff-E-r 0 U� A I IP-! Recv- CvEpm Er4io -214 To-�oJ Sb-eA Wi6� Li DS RL,) i r� L- R, �A E.) C LiE 2- 15 1 o 0 3) ko- H4`1) 5-109M 13782 500 SHEDS. FILLER 5 SQUARE 'RM I �O S IEEI S EYC-EAS17 5 SOt PATIF 4:! 392 10.0 S: IEF IS EYr-EAS 1 IIAHE Wfional &Stand 4; 312 100FIECYCLED VAIIIE 5SOIJARE ]RECYCLED WHITE 5SOUARE 1�21T� 0� EJDMOmb-� f-:MC-PDAC14ME,,J—1 PDM17- -'�UfVnITM fLUNnbt\A �iEu� G?, 17,0-311-72-r�-P`AvE W_ I t4l& 14 SOQ-� -Taf F-r 5-1 1 " S'(4.tRL)5IWE,)96)C-V- jf4 C�OiZTH Vgnm l7ci-n4 ST S V\-/ cslq -D.k-k , COsCLE�-f- 9-15120C3 1 3 78 500 SHEDS, FILLER 5 SQUARE -F Ar 12� 382 'o sl JECI S EYE ASE' 5 sa� !A IE I M."National-Brand 44'� 31`12 I(m) st I�ETS EY124MASE, 5 SO A� U 2� 389 ?00 SI IFTTS EYE EASI� 5 COJARE 42 39z 1110 �jl CY0 1'1.�l W141:1E f, SCII)ARE 42 39q 2lX) ECYC YA E 5 SOUAn[ f--MC-P(JACHMEej—1 PRM17- -!�UA1771TML rn L-E-\j b 17 2 It - 7 2- W rift 113 El & 14 \j,,iE\t\-/ Lc c K i w C5, 0 (Z 1-14 �PCM )7qT ST SV\,/ t\� c .< M D.iA. C-,OP.C-LE-`FF 9-1512C,23 P LOT ?LA f� 17 8 11 - 72 f�? A J F- \Al 5CA LE- AC=Lx�� Poxcr-� tL C)Cj 5i3l L00 i LIZ)OIL "�\l JF r- 04CRET'l 7Z!: c "A/ N\� -f c it 1A ul Z CAkFoR —i ES � D ENICE PATIO E tJCE L uJ LS* OR 4-.. 49 ............ A- Lclo 4� W-m� - *-,qwm� 0 AAEA DF EMCROACHME-Ar-1-77 all Gyp 5, c er- Ff E- r u TI X, 11 Lo N 6- -Ta�oJ Sb-eei (DEAD Et4D DRRQlr�& B'q -D-14-su"ECLiH 2- 15 12- 31 After Recording Return To: '95 FES 23 A 9 :16 Snohomish County Property Management 3000 Rockefeller Avenue MIS #507 Everett, WA. 98201 .0 H ri H! C NO EXCISE TAX TREASURER'S DEED NO. 5282 REQUIRED 8 2 3 1995 STATE OF WASHNGTON ) SS !"IRKE �411iffis' sachomish (Ounty COUNTY OF SNOHONffSH By K-1R--K9 S19VERS LOD THIS INDENTURE made this 23rd day of February, 1995, between KIRKE SIEVERS, as Treasurer of Snohomish County, a Municipal Corporation, State of Washington, the party of the first part and DOUGLAS H. SUBCLEFF and AMY L. SUBCLEFF, husband and wife, the party of the second part. WITNESSETH that whereas in accordance with the provisions of R.C.W. 84.64.320, for the sum of $34.58, Snohomish County.authorizes the sale of the property described below to the party of the second part. NOW, THEREFORE, the party of the first part for and in consideration of the sum of $34.58, money of the United States, to it in hand paid by the party of the second part, the receipt whereof is hereby acknowledged, do by these presents Quit Claim and Convey unto the party of the second part and to its heirs and assigns, the following described parcel of land, situated in the County of Snohomish, State of Washington, particularly described as follows: MEADOWDALE BEACH; LOT 160, D-004 BEGINNING AT THE NORTHWEST CORNER OF LOT 160 THENCE SOUTH 4055'24" WEST ALONG THE WEST LINE OF SAID LOT FOR 150.51 FEET TO THE TRUE POINT OF BEGINNING, THENCE CONTINUE THE SAME BEARING ALONG THE WESTERLY LINE FOR 10.03 FEET MORE OR LESS, THENCE SOUTH 89024'44" EAST PARALLEL TO THE SOUTH LINEFOR 130 FEET, THENCE NORTH 4055'24" EAST FOR 10 FEET MORE OR LESS TO A POINT WHICH BEARS EASTERLY FROM THE TRUE POINT OF BEGINNING, THENCE WESTERLY PARALLEL TO THE SOUTH LINE'FOR 131 FEET MORE OR LESS TO THE TRUE POINT OF BEGINNING. SITUATE IN THE COUNTY OF SNOHOMISH, STATE OF WASHINGTON. Page 1 of 2 vot. .1004puE1724 TOGETHER, with all appurtenances, to have and to hold the said premises with all the appurtenances, unto the said party of the second part and to its heirs and assigns forever. IN WITNESS WBEREOF, the Treasurer of said party of the first patthXsei.W ha'n�d, and seat the day and year above mentioned. KIRKE SIEV—PkS Snohomish Count ,,Y-Tteasurer. - TAX THLE PROPERTY Page 2 of 2 9"1502 230005 p&u 1- 720 WHEN RECORDED, MAIL TO: Homeowners Escrow Corporation P.O. Box 303 Bothell, Washington 98041-0303 *94 MAY 25 A10:26 RE: 3341 Space Above for Recorder's Use -ITOR BUB iGER �%Ulj SWOH(jM ot 1wr v, si WARRANTY DEF-D RICHARD L. STRAUBE AND MARY K. STRAUBE, HUSBAND AND WIFE of EDMONDS, County of SNOHOMISH, State of Washington, hereby CONVEY and WARRANT to DOUGLAS H. SUBCLEFF AND AMY LIAN SUBCLEFF, HUSBAND AND WIFE of EDMONDS, County of SNOHOMISH , State of Washington for the sum of Ten dollars and no/100 and other valuable consideration the following described tract'of land in SNOHOMISH County, State of Washington, to -wit: Dollars, THE NORTH 75 FEET AS MEASURED ALONG THE WEST LINE OF THE SOUTH 532.49 FEET AS MEASURED ALONG THE WEST LINE OF THE WESTERLY 130 FEET AS MEASURED PARALLELTO THE SOUTH LINE OF TRACT 160, PLAT OF MEADOWDALEBEACH, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 5 OF PLATS, PAGE 38, IN SNOHOMISH COUNTY, WASHINGTON; EXCEPT TUATPORTION THEREOF, IF ANY CONVEYED TO SNOHOMISH COUNTY BY TAX DEED RECORDED UNDER RECORDING NUMMER 2228920 SUBJECT TO; ALL EASEMENTS, RESTRICTIONS, RESERVATIONS AND AGREEMENTS OF RECORD IF ANY. WITNESS the hand of said grantor, this tenth day of May, 1994 RICHARD L. STRAUBE Signed in the presence of VA 4 State of SS: County of 0 On the day of personally appeared before me RICHARD L. STRAUBEAND MARY KI.STR4AUIBB HUSBAND AND WIFE the si of the above instrument, who duly acknowledged to me that rhe'� I executed the Eamc. 4,0 N Notary Public My commission expires—ZL- cii .nie,.; OF Vo5v*V REAL ESTATE EXCISE TAOX SALE PRICE RECEIPT NO. MAY 2 5 1994 January 17, 2003 CITY OF EDMONDS Engineering Department Re: Encroachment Permit request Permit Number: 2002-0629 (�e4celRack-eap) Location: 17811-72 "d Ave W Owner: Doug Subcleff Dear City of Edmonds Engineers, In response to the Permit Inspection Notice dated 1/7/2003 issued by J. McConnell, I offer the following information in support of my request for an encroachment permit. Private Property ownership documentation Attached is a copy of Treasurer's Deed No. 5282 that documents themeasurements for Lot 160, D-004 which was the additional parcel of land that I acquired in 1995. This rectangular piece is located at the southern end of the 17811 property and borders.the dead end street 179th St SW. Property Line Improvement process After this property changed status from unincorporated to become part of the City of Edmonds, sewer assessments were made and houses in this area were connected to the sewer. During the construction phase, the sewer contractors unfortunately cut through the root systems of one of the fir trees that located on this parcel of land. The tree had to be removed for safety reasons. Once the work was completed, plans were made to clean up the rest of this southern property strip, remove the old fence and relocate. During the summer of 2002, 1 worked to clean-up this strip of land in preparation for moving the fence line closer to the south property line. The entire strip of land including the City of Edmonds right-of-way was overgrown, mucky and strewn with rockery rocks that must have been installed long ago by a previous owner. I applied for and received a permit (2002-0629 dated 8/20/2002) to proceed with the fence and rockery/retaining wall project. 4ew dx�y Pv/ 6yv, After removal of the brambles, rotted stumps and plenty of garbage, I could see that the existing rockery was haphazard, incomplete and too close to the street. So I worked to even out the grade and make a straight line berm closer to the property line that would do a better job of erosion control as well as to clear up the right of way foneasier maintenance, pedestrian use and future City of Edmonds improvements (ie: sidewalk). My work was informally being monitored by City of Edmonds Public Works personnel who stopped by frequently as they were working on the street paving project at the same time. I waited until paving was done to apply the crushed rock to the right of way. Encroachment permit request comments If it is indeed true that the retaining wall encroaches on City of Edmonds right of way for this street, then I apologize for any miscalculation. I know that the fence line is well within the property line and any "encroachment" by the retaining wall is minimal. The distance from the street (1 79th St SW) to the retaining wall is 8'6" and you will note by the photos that the retaining wall is inset a couple of feet more than the neighbor's yard (7111-179'h St SW). As previously mentioned, this low profile wall (2 feet and less in height) replaced a haphazard rockery that was located closer to the street. The following reasons support this request for an encroachment permit: Erosion and drainage control (wall has gravel backfill, right of way graded). No utilities are affected —all are free and clear. No sight distance hazard (in fact, sight has been improved, brush removed). Future street improvements unaffected (ample room for sidewalk, etc). Pedestrian -friendly (wall helps to keep right-of-way clear of debris, growth). Public opinion in favor (neighbors like it!) In addition, a brief walk of the neighborhood indicates that there are plenty of examples where encroachment is currently being allowed by the City of Edmonds. On the same street, near the eastern end of the cul-de-sac is a rail fence located a similar 8'6" from the side of the street. Just a couple of houses away at 17907-72 d Ave West there is a wood retaining wall which is just 3 feet from the street, a street that has much more traffic than 1791h . And the next house at 17921-72 nd Ave West has a rockery that is inset only 1'8" from the street. And the property south of that at 17925-72 nd Ave West has a retaining wall that squeezes the clearance from 6 feet down to only VY from the street. Please see attached photos. In conclusion I appreciate your taking the time to review this request. As a long-time resident of Edmonds (since 195 1) 1 am mindful of your need to ensure that property improvements meet your engineering criteria. I am hopeful of your approval for the Encroachment Permit at 17811-72nd Ave W.. —sin ", lle� QKg Subc e 'Pi 425-775-3980 Home address: 8816-189h Pl. SW Edmonds, Wa. 98026 Attachments: Copy of Inspection Notice from City of Edmonds Copy of Treasurer's Deed No. 5282 with property description Title company map of area Photos of retaining wall and neighborhood encroachment examples M, TMI-M. wol� �R R Intersection of 72 nd % 1790'St SW. Note the wall and cleare' Y" right-of-way. -All 77 _Jw.. r r 4A j V, Al 72 E 1W '4r' T �ai N &W Nv t_ ut_ saw MW V I- ot4 % "rl!,. oppp 4c :: 4-ao W4 1, -ef, eVN-V TZ 14 dot OL f4 3 _45 .1V A 11931 11 16-: 07 10* 0.5 113 LV iv ARI 7 .8 -2 o��2 th. 'ST: vv 6 03 0 10 OT 5 1160 LJ Q) �6t 02 of rk X+ RECORDED AftffR=wftRcftMT0: '95 FEB 23 -A9:16 S=AaW*CowqPn"dy&f=qV=wft 3W RockefiAw Ave= M #W7 60 TERWILUGER AUDITOR Evm:M WA. 9001 SNOMMISH NO EXCISE TAX RASURMS DEZD NO. 52U REQUIRED A Mis M5 STATE OF WASMGTON ) Ss nW WK %"A (w* Imm q COUNTY OF SNOH0bM Lay KIRK19 SIE!jr;R8 THIS MENTURE made this 23rd day of February. 1995, between, KMIKE SEVEM as Treasurer of Snabomish County, a Municipal Corporation. State ofWashington. the party of the first put and DOUGLAS H. SUBCLEFF and AMY 1L. SUBCILEFF, huslmd and wilk the party ofthe second parL rITMIL9 *g whereas in accordance with the rovisions ofR.C.W. $4.64.320, ft the am of $34.58, Snohomish County.authodzes the sale of the property descnl)ed .4 below to the party ofthe second parL NOW, WFORE, the party of the first part for and in r n milf P of the sum of $34.59, MOMey ofthe United States, to it in hand Paid by the party oftbe second paM the receipt whereof is hereby acknowledged, do by these presents Quit CWHn ad CORW unto the party ofthe second part and to its heirs and assigns the Mowing descnibed parcd of W4 sitimed in the County of Swhomi* State ofWashinglon, partiall2flY desml)ed as fidkrws-. tMADOMMAIE BEACH; LOT 160, D-004 BEC04NING AT THE NORTHWEST CORNEFL-OF LOT 160 TE]ENCE SOUTH 4P55'2C WEST ALONG 111E, LIM OF SAM LOT FOR 150.51 FEET TO THE TRUE POINT OF BECROMG, THENCE CONTINUE THE SAME BEARING ALONG TEE WM-ERLY LDlE FOR 10 03 FEM.-I MORE OKIM THEWX SOUTH 990244,CEAST PARAII.EL TO THE SOLITH LJNE FOR 130 THENCE NORTH 4o55,2r EASTFOR 10FEErmo3tE 011LESS, TO APOINT BEARS EASTERLY FROM TEE TRUE POINT OF BEGENNING, THENCE WEST]ERLy pARAU.EL To TJHE SOUTH LIM FOR 131 VIOREORLM To THE TRUE POW OF BEGROMG. SITUATE IN TIM COUNTY OF SNOHOMW STATE OF WASHNGTON Pap I of 2 FM with AU appurtamces, to have and to hold the said premises with aU the enances, unto thesaid party of the second part and to its heirs and assigns forever. iN wrrNEss WBEREOF, the Treasurer of said party of the first pars and seal the day and year above mentioned. SIEVM Snohomish C ea wavre.. TAX TME PROPMTY Pap 2 of 2 9:002230005 ROO 4 PAGE 1. 725 VOL. 9 When'recorded mail to: City Clerk City of Edmonds 121 Flith Avenue North Edmonds, WA 98020 CONFORMED COPY 200304160293 5 PGS 04-16-2003 09:32am $23.00 .SNOHOMISH-COUNTY3 WASHINGTON 0 5 00 APPLICANT IS: SPACE ABOVE THE LINE FOR RECORDERS USE )< Property Owner Assessor's Parcel No.: 00.513 i '00D I L'o 0 Business Owner Applicant: bou&Lh-. 14. SUSCLE r-r- ---------------- J ENCROACHMIENTAGREEMENT . This ENCROACHNIENT AGREEMENT ("Agreement') is entered into between the CITY OF EDMONDS ("City') and -zo U cc , LPCS tk-. _<;UQC_LEFf ("Owner[s]"), in accordance with Chapter 18-70 of the Edmonds Community Development Code. ktVal alesck9a4&W 7 4 71V k #E .1, �11b�e:,Pro, �,e- y, Owner is the ovmer of that c ertain real property located at N-90-1 1 IGO" within the City of Edmonds,' Washington, Assessor's Parcel Number 00 5131 &)o 1 6()()? and more particularly- described in Exhibit "A" attached hereto and incorpor-a-t-e-d--he—re—in--b--'y reference. Business owner, is the business owner of that certain real property noted above. 2. The Easement. The City currently owns an existing easement over, under, and across Owner's property for street, alley, sidewalk, other Ar - — N which is described in Exhibit "B" attached hereto and incorporated by reference. 3. The Encroachment. The City hereby covenants and agrees and grants its permission to Owner. or Btm�tess -9%mer to allow XEn41AJ 16149 14JAIL to remain in a portion of the City right-of-way/easement. A plat map showing the location of the encroachment is attached as Exhibit "C" and incorporated by reference. This Agreement is subject to the following terms and conditions: a. The encroachment shall be installed and maintained in a safe and sanitary condition at the sole, cost, risk, and responsibility of the owner and its successors in interest. I - I - b. . The Owner shall agree at all times to indemnify and hold the City free and harmless from any and all claims, demands, losses, damages or expenses resulting from the construction, maintenance, use, repair or removal of the structure installed hereunder, including. any loss, damage or expense arising out of (1) loss or damages to property and (2) injury to or death of persons. C. The Owner must remove or relocate any part of -the encroachment within t ' en (10) days or such other time as specified in the notice after receipt of it from the City Engineer, o.r the City Engineer may cause such work to be done. and the reasonable cost thereof. shall constitute a lien -upon the property. d. Whatever rights and obligations were acq uired bythe City with respect to the easement shall remam* and continue in Rill force and effect and shall in no way be affected by city's grant of permission to construct and maintain the encroachment structure. 4. Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all other agreements, oral or written, between the parties with respect to the subject matter. 5. Notices. Any notice which is required or may be given pursua! i nt to this Agreement shall be sent in writing by United States mail, first class, postage' pre -paid, registered or certified with return receipt requested, or by other comparable commercial means and addressed as follows: If to the Cily: City Engineer City of Edmonds 121 Fifth Avenue North Edmonds, WA 98020 If to the Owner: (D LJ N) L Iz D which addresses may be changed from time to time by providing. notice to the other party in the manner described above. 6. Waive City's consent to or approval of any act or omission by Owner shall not constitute a waiver of any other default by Owner and shall not be deemed a waiver or render unnecessary City'-s consent for approval to any subsequent act by Owner. Any waiver by City of any default must be in writing and shall not be, a waiver of any other default concerning the same or any other provision of the Agreement. -2- 0 7. Successors and Assigns. This Agreement shall be binding and inure to the benefit of the parties hereto and their respective legal representatives, successors, and assigns. Owner agrees to micorporate this agreement by reference in any subsequent deeds to the property, but any failure to do so does not invalidate this provision. 8. Capaci . Each party represents that the person(s) executing this Agreement on behalf of such party has the authority to execute this Agreement and by such signatitire(s) thereby. bind such party. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this a I'M day of iF<66 2 O-Q-1 (—OWNER)() or BU (S): By::"" By - STATE OF WASHINGTON COUNTY OF SNOHOMISH This day, personally appeared before me, to me known to be the person(s) who executed the witldn and foregoing document and that (�elshelthey) signed the same as (Lis1herltheir) 61�� free and voluntary act and deed for oses therein mentioned. P0 40T NoYary/Public .0 CA: 10 P Li UB 41AI0,4 -T ROSS 0 Typed or Printed Na -me Op� wi;� My Commission expires: CITY OF EDMONDS L-%7ENCP%BUIMINGVLANMUrerwrowbAgre. &C -3- CITY OF EDMONDS ENCROACHMENT PERMIT RESIDENCE ADDRESS: 17811-72' AVE WEST ASSESSORS PARCEL NUMBER: 00513100016002 LEGAL DESCRIPTION OF PROPERTY NORWOOD PARK in the SW 1/4SECTION 8, T27N, R4E CITY OF EDMONDS, SNOHOMISH COUNTY MEADOWDALE BEACH: LOT 160, D-002 THE NORTH 75YEET AS MEASURED ALONG THE WEST LINE OF THE SOUTH 532.49 FEET AS MEASURED ALONG THE WEST LINE OF THE WESTERLY 130. FEET AS MEASURED PARALLEL TO THE SOUTH LINE OF TRACT 160, PLAT OF MEADOWDALE BEACH, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 5 OF PLATS, PAGE 38, IN SNOHOMISH COUNTY, WASHINGTON; EXCEPT THAT PORTION THEREOF, IF ANY CONVEYED TO SNOHOMISH COUNTY BY TAX DEED RECORDED UNDER RECORDING NUMBER 2228920 SUBJECT TO; ALL EASEMENTS, RESTRICTIONS, RESERVATIONS AND AGREEMENTS OF RECORD IF ANY. MEADOWDALE BEACH; LOT 160, D-004 BEGINN ING AT THE NORTHWEST CORNER OF LOT 160 THENCE SOUTH 4 DEG 55 MIN 24 SEC WEST ALONG THE WEST LINE OF SAID LOT FOR 150.51 FEET TO THE TRUE POINT OF BEGINNING, THENCE CONTINUE THE SAME BEARING ALONG THE WESTERLY LINE FOR 10.03 FEET MOR OR LESS, THENCE SOUTH 89 DEG 24 MIN 44 SEC EAST PARALLEL TO THE SOUTH LINE FOR 130 FEET, THENCE NORTH 4 DEG 55 MIN 24 SEC EAST FOR 10 FEET MORE OR LESS TO A POINT WHICH BEARS EASTERLY FROM THE TRUE POINT OF BEGINNING, THENCE WESTERLY PARALLEL TO THE SOUTH LINE FOR 131 FEET MORE OR LESS TO THE TRUE POINT OF BEGINNING. EXII I B I T 1)c� I 0 CfTY IDE-EDMONDL EtIckoke-lArtlEAT "5s-'2i4 RESIDENCE 17811-72-M.1).AVE W �6.s \ cf uj CD QC 00 72-ND AvF-WEs EXH I B IT llctl r oq j vi I N-16, ('? -*W qrV VZj // -9/1 / Of E04fo FILE CITY OF EDMO 121 5TH AVENUE NORTH - EDMONDS, WA 98020 PHONE: (425) 771-0220 - FAX: (425) 771-0221 4". STATUS: APPROVED ENG20130181 Permit Number: ENG2013 0181 Address of Public Use/Encroact 8816 189TH PL S W EDMONDS, WA 98026 : 17811 72ND AVE W, EDMONDS RETAINING WALL ENCROACHES ON TO 179TH AVE (ORIGINALLY PERMITTED IN 2002) STREET USE.- Placement of any temporary or movable objects in any portion ofpuhlic space or City right-of-way shall meet all code requirements as setforth in thefollowing chapters of the Edmonds Community Development Code. ENCROA CHMENT.- Permanent structures encroaching upon any portion ofpuhlic space, City right-of-way or easement area shall meet all Code Requirements as setforlh in thefollowing chapter of the Edmonds Community Development Code. CODE APPLICA TION.- Chapter 18.70, 17.65, and 17.70.040 of the Edmonds Community Development Code. All terins of the adopted ordinance are incoiporated herein -as ifsetforlh infull and this permit therefore is su1ject to the terms of those chapters. FOR THE TERM IN WHICH THIS PUBLIC USEIENCROACHMENTIS IN EFFECT, THE OWNER SHA LL COMPL Y WITH THE PERMIT CONDITIONS SET FORTH BY THIS PERMIT. NOTE.- The issuance of this permit is understood by the owner to be of a temporary nature, shall vest no permanent right and shall be issued and may in any case be revoked at the sole discretion -of the City per ECDC. 18.70.040. Applicant is resp on sible to p ro v ide a copy of th e - in s uran ce certificate to th e City at th e b egin n ing of eae h e ale n dar y ear, n o la ter than the 21st day of January. INDEMNITY. The Applicant understands and agrees to hold the City of Edmonds harmlessfrom any injuries, damages or claims ofany kind or description.whatsoever, foreseen or unforeseen, that may be made against the applicant or the City ofEdmonds, or any of its departments or employees, including but not limited to the defense ojany legal proceedings including defense costs, court cost, and attorneyfees by reason ofgraqting this permit. In addition, the applicant understands that helshe shall provide and continually maintain during the term of the permit a ceritificate of insurance naming the city as an additional insured, with respect to liability, andproviding that it shall be primary as to any other policy of insurance. THIS APPLICATION IS NOT A PERMIT UNTIL SIGNED BY THE CITY ENGINEER OR HIS/HER DEPUTY: AND FEES ARE PAID, AND RECEIPT IS ACKNOWLEDGED IN SPACE PROVIDED. Printed: Thursday. ADril 11. 2013 F-1 FILE COPY � F-] INSPECTOR COPY F-1 APPLICANT COPY StkTWS: A'PP� kbVED ENG20130181 �)NDITIC The proposal will not adversely impact public space open to vehicular or pedestrian travel. Architectural Design Board Approval has been gran ted or the process has been administratively approved. The proposal will not unreasonably interfere with the rights of the public. The proposal either benefits the public interest, safety or convenience (e.g., supports or protects the city street) or is an accessory structure such as fence normally associated with residential use of the property as fully complies with the requirements of criteria above. Applicant shall repair/replace all damage to utilities or frontage improvements in City right-of-way per. City standards that is caused by or occurs during the permitted project. Sound/Noise originating from temporary construction sites as a result of construction activity are exempt from the noise limits of ECC Chapter 5.30 only during the hours of 7:00am to 6:00pm on weekdays and 10:00am and 6:00pni on Saturdays, excluding Sundays and Federal Holidays. At all other times the noise originating from construction sites/activities must comply with the noise limits of Chapter 5.30, unless a variance has been granted pursuant to ECC 5.30.120. Applicant, on behalf of his or her spouse, heirs, assigns, and successors in interests, agrees to indemnify defend and hold harmless the City of Edmonds, Washington, its officials, employees, and agents from any and all claims for damages of whatever nature, arising directly or indirectly from the issuance fo this permit. Issuance of this permit shall not be deemed to modify, waive or reduce any requirements of any City ordinance not limit in any way the City's ability to enforce any ordinance provision. I INS13ECTIONS 0 None