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20500 MAPLEWOOD DR.PDF11111111111111 12243 20500 MAPLEWOOD DR CITY OF EDMONDS 121 5th AVENUE NORTH - EDMONDS, WA 98020 - (425) 771-0220 - fax (425) 771-0221 www.edmondswa.gov 'DEVELOPMENT SERVICES DEPARTMENT ".7c. ISCY3 May 4, 2015 MEMO TO: Edmonds School District Verizon Northwest SNOCOM Police and Fire.Dispatch SNOPAC Snohomish County E911 U.S. Post Office Snohomish County Assessor's Office Snohomish ' County Information Services Snohomish County P.U.D. Puget Sound Energy Fire District 1 Edmonds Police Department Edmonds Utility Billing Edmonds Public Works Edmonds Building/Street File Edmonds Address Files Lynnwood Disposal Comcast Cable Waste Management Northwest Allied Waste DAVE EARLING MAYOR Per the request of the Snohomish County E911 Office, in preparation of the GIS driven. NWS (New World Systems) CAD (Computer Aided Dispatch) which is to go into effect June 2015, 1 have attached a spread'sheet of corrected addresses for the City of Edmonds. These addresses were corrected due to an audit check by Snohomish County for even and odd addresses to be on the correct side of the street. The spread sheet contains parcel, owner, old address and new corrected address. Owners have been notified through a separate mailing. If you have any questions regarding this letter, please contact a City of Edmonds Permit Coordinator at 425-771-0220. Please contact our office if you wish to be removed from future address change notifications. Sincerely, Linda Thomquist Senior Pen -nit Coordinator City of Edmonds Cc: file Incorporated August 11, 1890 Sister City - Hekinan, Japan Thornguist, Linda From Sent: To: Subject: IM. 1�14 A nfi_z� Memo.pdf City of Edmonds 2015 Address C... Thank you, Thornquist, Linda - Monday, May 04,2015 3:06 PM Allied Waste; Angela Edwards; Bard, Mike; Cunningham, Diane; Curt Kiessig; David Baxter; Dowd Kim (kdowd@snopac9ll.us.com),' Frontier, Jacqueline Amble; 'Joanne Coughlin'; Johns, Kristin; Kenyon, Denise; Kuhnhausen, Kris; Lawler, Patrick; Linda Dolan; Matthew Crisler, McMurphy, Linda; PSE; Rohde, David; Sharon Euster;' Silva; Steve Wheeler; Tammy McGowan; Terry Peterson; Thornquist, Linda; Tim Harris; Todd Merriman; Vicki Thoroughman; Westfall, John; Witt -Williams Vicki (vicki-whitt- williams@cable.comcast.com); Zulauf, JoAnne Important! City of Edmonds Address Changes Linda Thornquist Senior Permit Coordinator City ofEdmonds 425-771-022o ext. 1336 Our hours arefrom. 8am to 4:30 Monday, Tuesday, Thursday and Friday. On Wednesdays our permit counter closes at noon. J 1 DATE: April 23, 2015 TO: AVANESSIAN SANDRA G 20505 MAPLEWOOD DR EDMONDS, WA 98026 RE: House address changes for Enhanced 911 Current address: 20505 MAPLEWOOD DR Parcel: 00506700000602 Snohomish County will be implementing a. county -wide advanced technology system in June that will vastly improve -police, fire, and emergency medical emergency responses through the 9-1 -1 system. In preparation for' this event, Snohomish County Enhanced 9-1-1 Office is validating all addresses located in the Geographic Information System (GIS) for emergency responses throughout the entire county. -A recent audit by the county has identified a considerable number of buildings in the City of Edmonds whose addresses are not consistent with the approved protocol for addressing buildings, which could result in delayed emergency responses to those locations. The current address above has been identified as one of these. In an effort to cooperate with Snohomish County, as. well as Fire District I and the Edmonds Police Department to improve fire and public safety for all types of emergency response, the City of Edmonds will be changing the above address to: 20500 MAPLEWOOD DR The main purpose for this particular change is to properly align odd and even address numbers on opposite sides of the street, and ensure they are in proper numerical sequence. We understand that this change may cause you some inconvenience, and even some financial expense, and we apologize for that. However, please understand that the change will provide additional assurance that police, fire, and public works services are quickly able to find your address during your emergency. For your convenience, we have enclosed a USPS addressing kit, which will help you make the appropriate notifications to your utilities, creditors, insurance companies, magazine subscriptions, etc. In order to be prepared for the upcoming upgrade to the E911 system, we anticipate that -this address change will need to take effect by June 8, 2015, the date when Snohomish County E911 will implement the new technology. If you have any questions please contact Linda Thomquist, Senior Permit Coordinator for the City of Edmonds at (425)711 --Q220 or by email at linda.thom*qu.ist@edmondswa.gov. Best Regards, Leif Bjorback, Building Official City of Edmonds C: Fire District 1 of Snohomish County Edmonds Police Department Edmonds Finance Dept/ Utility Billing US Postal Service HM 7-M 47 1 s 0 133HIS STREET FILIEO I ts -ON :"40 f? �i, it6, if? fn ib -,qW;Vdi N 0,' IY 41, �f I�P Y-7 Rt 74 Uj ki� LU .00 "Y 7�7- Ir �Fl V, z, iMA. XV., . STREET FILE MEMO TO A VIA: JAMES ADA ?_�_41 C5�� FROM: JERRY HAUTH JUNE 5, 1985 / SUBJECT: GOODHOPE POND On May 30, 1985 I spoke with Mr, Frank Vitcovich about a I-Dotential problem at the subject pond' Upon investigation, l found an earth dam with a volume of water (approximately equal to `a swimming pool> impounded behind it. The existing outfall pipe was above the surface of Lhe water, so there was no water flowing through the pipe. There was water flowing through the ground at the toe of the earth dam. In addition, the toe of the dam was mot in most areas' My concern is -the possibility that the interface between the native material and the fill that was to c�nstruct the da� may bccome lubricated and fail. is wCuId rEsult in a large volume of water being spilled at the top of � reside�tial with the potential for grsat loss' I have attached maps of the area and the ownership as shown on the tax roll, lf you need further let me know. 6 w5v �77 67- 141 Q7, ol / �7 -ILL; -5 7,Z,- . ...... . . STREET FILE 20505 Maplewood Drive Edmonds, Washington 98020 February 4, 1.986 C Jerry Hauth, P.E. Engineering Department City of Edmonds 250 Fifth Avenue North Edmonds, Washington 9RO20 Dear Jerry, Re: Little Goodhope Pond Emerald Hills This is to inform you that having pumped water level of the pond is down and there is the dam. for a number of days the no longer any pressure on An automatic pump, checked regularly by competent professionals, will preclude ponding until a permanent solution is implemented. The drain pipe that I claimed was there is now exposed., supporting the theory that the "percolation" seen through the dam is occurring where the outflow end of this pipe has been covered by Emerald Hills landscapers. I have consulted a qualified engineer, who inspected the area now that both sides of the dam are exposed. He indicatpd that only minor work would be required to retain the dam and that the benefits of the detention pond warrant that a . pproach. All but one or two of the board members of the Emerald Hills Home- owners' Association have been involved in the discussions of the past few days, and a joint solution seems plausible. From on -site observation it is obvious that over fifty per cent of the embarkment or fill is on Emerald Hills property. According to the section of the Uniform Building Code that you quoted in your January 29, 1986, letter to Rainier Bank, "the owner of the property upon which the . . . fill is located . . . shall . . . repair or eliminate . . . the hazard and be in conformance with the requirements of this code." I presume the City has also asked Emerald Hills homeowners to correct their violation. I would be willing to work with the Emerald Hills homeowners and -rith the City in having plans drawn up and in implementing them. but not beyond my share of the responsibility. Please send me a copy of the report submitted bv Bill Evans of Landau Associates. 4 Sandra G.,.*�anessian c.: Hal Reeves STREET FILE LANDAU ASSOCIATES. INC. VED GEOTECHNICAL ENGINEERING AND HIDROLOGI P.O. BOX 694 JAIN 2 3 1986 EDMONDS. WASHINGTON 98020 ENGINEERING (206) 778-0907 22 January 1986 City of Edmonds 250 Fifth Ave. N. Edmonds, WA 98020 Attention: Mr. Jerry Hauth PROPOSAL PRELIMINARY EVALUATION EMERALD HILLS DAM EDMONDS, WASHINGTON In accordance with your request, we are pleased to present this proposal to provide a preliminary geotechnical evaluation at a small dam in Emerald Hills, Edmonds, Washington. Mr. Bill Evans of our firm accompanied Mr. Hauth on a brief visit to the dam on 15 January 1986. The dam is located within a small ravine approximately 200 feet east of about the 9200.block of Highl-and Drive. We under- stand that the dam is located on the boundary of land owned by the Emerald Hills Property Association and land managed by Rainier Trust. Reportedly the dam was constructed about 35 years ago. Fill thickness at the center of the dam is estimated at 6 feet; its top width is estimated at 6 to 8 feet. The dam has a top length of approximately 100 feet. A 6-foot chain link fence runs along the crest of the dam and separates the two properties. The outlet structure consists of a single concrete pipe approximately 6- to 8-inches inside diameter. A second pipe is reported, but was not observed during the brief visit. Under "average" conditions the dam has approximately 1 foot of free- board. At the present time there is no emergency overflow structure. The outlet pipe discharges at the toe of the dam near the center of the ravine. South of this discharge point there is a wet area at the toe of the embankment fill which appears to remain saturated on a year-round basis. To the north of the discharge point there are two areas that have, or are, undergoing loss of soil due to piping. Based on our brief site visit to support the preparation of this proposal, the dam appears to be deficient in several aspects, including: 1) inadequate freeboard; 2) no emergency overflow structure; 3) no trash rack or floating trash barrier; 4) inadequate top width; 5) lack of maintenance; and 6) steep side slopes. To provide preliminary conclusions and recommenda- tions concerning these issues (and others as discovered), we propose to accomplish the following scope of services: 0 measure existing slope angles 0 Excavate a series of shallow test holes (using hand equipment) to investigate dam construction materials 0 Identifv and measure the outlet pipe and available freeboard 0 Measure water depth using chest waders (± 4-1/2' maximum) 0 Photograph and document existing site conditions 0 Provide a letter report of our preliminary findings F; i In support of these activities, we anticipate that the City will arrange for site access. Our report will include prelim- inary conclusions and recommendati6nis and suggestions for additional study for rehabilitation. We propose to provide our services on a time and expense basis in accordance with the attached Compensation Schedule and General Conditions. We estimate that our fee for a preliminary evaluation will be about $1500. We expect to complete the preliminary evaluation within about three weeks following written authorization to proceed. We appreciate the opportunity to submit this proposal and look forward to providing engineering services. Should you have any questions, please contact us. RGF-WDE/sg attachment Respectfully submitted, LANDAU ASSOCIATES, INC. Bv: Robert G. Fulton, P.E. and William D. Evans, CPGS 'I 1986 COMPENSATION SCHEDULE A. Personnel Hourly Rate Principal Engineer/Geologist/Hydrogeologist $75 Associate Engineer/Geologist/Hydrogeologist $60 Senior Encineer/Geologist/Hydrogeologist $55 Senior Environmental Planner $47 Project Engineer/Geol.ogist/Hydrogeologist $47 Staff Enginee r/Geologist�/Hydrogeologist $41 Technical Illustrator/Technician/Librarian $30 Word Processing (including equipment) $30 Support. Staff $22 Expert testimony in court, arbitration, $110 or public hearings B. Equipment Field, laboratory, and office equipment used in the direct performance of authorized work is billed at unit rates. A rate schedule will be provided on request. C. Transportation Use of vehicle for field work - $10/per half day. Mileage - Twenty-five cents (.25) per mile. D. Subcontractor Services and other Expenses One hundred and fifteen percent (115%) of the actual billing of subcontractors and all other expenses incurred in the direct iDerformance of authorized work. E. A new Compensation Schedule is issued at the beginning of each year. Unless other arrangements are made, charges for all - work, including continuing projects initiated in the previous year, will be based on the latest Compensation Schedule. LANDAU ASSOCIATES GENERAL CONDITIONS CLIENT FURNISHED INFORMATION The client is responsible to provide, by map or drawing, a description of the property, its location, and the location of any buried utilities or struc- tures. The client is responsible to advise us of any requirements for entry or work oermits, security clearances, licenses, or any other required permis- sions which we will then obtain. If the property is not owned by the client, the client shall obtain right -of -entry for the purpose of our work. SAMPLE RETENTION Due to storage cost and limited storage life of samples, samples will be discarded 30 days after testing is complete unless other arrangements are made. PROFESSIONAL LIABILITY AND LIMITATION THEREOF Landau Associates warrants that our services are performed, within the limits prescribed by our Clients, with the usual thoroughness and competence of the engineering profession. No other warranty or representation, either expressed or implied, is included or intended in our proposals, contracts or reports. However, should we or any of our employees fail to adhere to 'the stan- dards described above in the performance of professional services or breach any expressed or implied warranty, the maximum aggregate amount.of your recovery against us and/or said employees shall be limited to $5,000.00 or to the amount of the fee paid us for professional services, whichever is greater. In the event the Client makes a claim against Landau Associates, at law or otherwise, for any alleged error, omission or other act arising out of the performance of our professional services, and the Client fails to prove such claim, then the Client shall pay all costs incurred by Landau Associates in defending itself against the claim. The client is responsible to review our reports and recommendations and appropriately use the information and recommendations and to not disregard or deviate from same without written notice to Landau Associates itemizing all - changes. We are available by arrangement to review your plans,'or your con- struction plans and specifications, but such review shall onlv be for comoli- ance with our findings and recommendations, unless other arrangernents are made. BILLING Statements will be issued every four weeks, payable within 30 days. Interest of 1 1/2% per month (but not exceeding the maximum rate allow- able by law) will be payable on any amounts not paid within 30 days, PaNriltent thereafter to be applied first to accrued interest and then to the principal unpaid amount. Any attorney's fees or other costs incurred in collecting any delinquent amount shall be paid by the Client. If the Client requests termination of the work prior to completion, we reserve the right to complete such analyses and records as are necessary to place our files in order, and when considered by us necessary to protect our professional reputation, to complete a report on the work performed to date. The charge for such work shall include all reasonable expenses and the time of Landau Associates personnel based on current rates. Rates are subject to change upon notification. I I STREET FILE CITY OF EDMONDS LARRY S. NAUGHTEN 250 5th AVE. N. * EDMONDS, WASHINGTON 98020 - (206) 771-3202 MAYOR COMMUNITY SERVICES September 11, 1986 Garth Bergh c/o Perkins Coie 411 - 108th Ave. N.E., Suite 1800 Bellevue, WA. 98004 SUBJECT: SANDRA AVANESSIAN/EMERALD HILLS POND Dear Mr. Bergh: PETER E. HAHN DIRECTOR Enclosed is a copy of the proposed easement for your review. We need to sign and record easements with Sandra and the Emerald Hills Home Owners Association prior to beginning the job of draining the subject pond. I have explained to Sandra that we need to drain the pond prior to actually determining the exact location of the proposed culvert. Once the pond has been drained and we know where the culvert should be placed, Sandra will be asked to look at the actual location to make sure she feels comfortable with the proposed culvert. We want to get the culvert in prior to the rainy season, so if you have any'questions or comments, please contact me at your earliest convenience. Very truly yours, a- JERRY W. HAUTH, P.E., P.L.S. Hydraulics Engineer JWH/St Enclosure cc: —Sandra Avanessian 2@505 Maiplewood Drive Edmonds, WA. 98020 BERGH/TXTST530 Vq- C— (�� —n 2 � 1 -2-- Bob Alberts Dt' da llaJrbh Dt PUBLIC WORKS . 0 PLANNING 0 PARKS AND RECREATION ENGINEERING UTILITY EASEMENT IN CONSIDERATION of benefits to accrue to the grantors herein, the undersigned, Sandra G. Avanessian as her sole property, hereby grants to the CITY OF EDMONDS, a Municipal Corporation, a permanent easement for the installation, operation and maintenance of a culvert over, across, through and below the following described property; and the further right to remove trees, bushes, undergrowth and other obstructions interfering with the location, construction and maintenance of said utility, together with the right of access to the easement at any time for the stated purposes. The easement and right-of-way hereby granted is located in the County of Snohomish, State of Washington, and is more particularly described as follows: A 20 foot strip of land that is 10 feet on each side of the pipe as it now exists or as located in the future in: t The West 50 feet of Lot 6, Maplewood Hills, less the South 100 feet thereof, according to the plat thereof as recorded in Volume 10 of plats, page 120, records of Snohomish County, Washington. THE CITY agrees to restore to substantially the original condition such improvements as are disturbed during the construction, maintenance and repair of said utility or utilities; provided the grantors, their heirs, or assigns shall not construct any permanent structure over, upon, or within the permanent easement. DATED this day of STATE OF WASHINGTON) COUNTY OF SNOHOMISH) 19 On this day personally appeared before me and to me known to be the individual(s-T- described in and who executed the within and foregoing instrument, and acknowledged that signed the same as free and voluntary act and deed, for the uses and purposes therein mentioned. 19 UNDER MY HAND AND OFFICIAL SEAL THIS DAY OF NOTARY PUBLIC in and for the State of Washington, residing at -Z . " STREET FILE CITY OF EOMONOS 250 51h AVE. N. - EDMONDS. WASHINGTON 98020 - (206) 771-3202 COMMUNITY SERVICES September 10, 1986 Frank H. Vitovich 236 - 12th Ave. N. Edmonds, WA. 98020 SUBJECT: EMERALD HILLS POND Dear Mr. Vitovich: LARRY S. NAUGHTEN MAYOR PETER E. HAHN DIRECTOR Attached is an easement that needs to be signed and recorded prior to the City starting work. Please sign the easement, have it notarized, then return it to me at your first opportunity. I will then ask the City Council to authorize recording the easement. Upon receipt of the signed easements, we will pump the pond down to determine the exact location of the proposed culvert. You will be notified at that time so that you and the members of the Home Owners Association can see where the City proposes to place the culvert. It will be necessary for you to remove the plants that are in the are of the work prior to the start of work. We need to get this work done prior to the rainy season. If you have any questions, or if there is anything that I can do to expedite this, please call me at your earliest convenience. Very truly yours, W" � JERRY W. HAUTH, P.E., P.L.S. Hydraulics Engineer JWH/st Attachment VITOVICH/TXTST530 Bob'Alberts Dt Rlioiicla Dlarch Dt PUBLIC WORKS PLANNING PARKS AND RECREATION ENGINEERING UTILITY EASEMENT IN CONSIDERATION of benefits to accrue to the grantors herein, the undersigned, Frank H. Vitovich on behalf of Home Owners Association for Emerald Hills, hereby grants to the CITY OF EDMONDS, a Municip7a Corporation, a permanent easement for the installation, operation and maintenance of a culvert over, across, through and below the following described property; and the further right to remove trees, bushes, undergrowth and other obstructions interfering with the location, construction and maintenance of said utility, together with the right of access to the easement at any time for the stated purposes. The easement hereby granted is located in the County of Snohomish, State of Washington, and is more particularly described as follows: A 20 foot strip of land that is 10 feet on each side of the pipe as it now exists or as located in the future in: The East 50 feet of the South 130 feet of the North 350 feet of the Northeast quarter of the Southeast quarter of Section 24, Township 27 North, Range 3 East, W.M. THE CITY agrees to restore to substantially the original condition such improvements as are disturbed during the construction, maintenance and repair of said utility or utilities; provided the grantors, their heirs, or assigns shall not construct any permanent structure over, upon, or within the permanent easement. DATED this day of STATE OF WASHINGTON) COUNTY OF SNOHOMISH) 19 On this day personally appeared before me and to me known to be the individual(s) described in and who executed the within and foregoing instrument, and acknowledged that signed the same as free and voluntary act and deed, for the uses and purposes therein mentioned. 19 UNDER MY HAND AND OFFICIAL SEAL THIS DAY OF NOTARY PUBLIC in and for the State of Washington, residing at Julie A. Sevenich STREET FILE 20505 Maplewood Drive Edmonds, Washington 98020 flay 15, 1986 BUILDIN9 Hendricks, Sevenich, Segelbaurn and Peale MAY 2 1198 402 Fifth Avenue South Edmonds, Washington 98020 Re: Goodhope Pond Dear Ms. Sevenich: Thank you for expressing your and your clients' desire to cooperate in resolving our mutual problem. 0 In the interest of clarity, we are not addressing the repair or removal of the pond, but the repair or removal of the dam, which extends on both sides of the property boundary. Once the dam problem is resolved, the pond issue will disappear on its own. Further, repair of the dam is out of the question, even if the Emerald Hills Home Owners Association were to assume its share of the cost and potential liability, because I absolutely refuse to accept any part of the responsibility for a structure the standards for which are apparently purely a matter of individual whim. Vie could satisfy Landau and Associates this year and three year�5 from now face a different set of interpretations of state guidelines by another soils or engineering firm. Proving a negative (i.e. that the dam will not fail) is essentially impossible until the end of time. ("See, I told you it wouldn't fail.") And the City is unlikely to wait that long. Sev enic h 1�il'y l5, 1986 page 2 It is my understanding that, simply put, the problem is fill., which allows water from natural runoff and other sources to pond behind it. There is some fill on my property which the City wants me to stabilize or remove, and there is some fill on your clients' property which the City wants them to stabilize or remove. If I were to remove the fill from my property while they left the fill on their property, the fill on their property would slump and fall onto my property. And of course the reverse is also true. The sensible solution is for both of us to remove our own portion of the fill simultaneously. The most efficient move would be to use one engineer and one excavator. Possibly the City would let us proceed on one -permit. I have indeed spoken to many people who have experience with earthen dams, and I feel I can have an engineer draw up plans, acceptable to the City, for removal of the fill and regrading of the area so that the area will drain without ponding. I would be willing to invest my time in procuring plans at a minimal cost, and I would allow access to your clients' portion of the fill through my property, and I would allow dumping of their fill on my property, if the work were done according to a plan acceptable to me and if the Emerald Hills Home Owners Association would pay for the plans, the excavation, repair of the fence, permits, and all other costs of the project in proportion to the amount of fill on their property, this proportion to be determined by the engineer drawing up the plans. It is my intention to cooperate with the City to the fullest, and to effect, with City approval and as quickly as possible, a safe, stable, aesthetic, and economical solution. If we cannot devise a joint solution, I intend to submit a plan to the City for removal of the fill on my property. r- Sevenich ma� 15, 1986 page 3 Finally, I resent your request that I not communicate with any individual Emerald Hills home owners, and I intend not to Irrant it. I believe that my contact with members of the Board of Directors gave all of us a better understanding of each other, both as neigh- bors and as people with a problem to solve. I will continue to d o whatever I feel will contribute to better understanding and coopera- tion regarding this issue or any other. cc Harold Reeves Frank Vitcovich Robert Lockyer, D.D.S. Richard Ekman Darrol K. Haug Burns Tallman Laura Vorthman Joe Gasparavich Sincerely, Sandra G. Avdn"essian STREET FILE HE, NDRICICS, SEVENIC11, SEGELBAUM AND PEA1,E ATTORNEYS AT LAW 402 5TH AVENUE SOUTH EDMONDS. WASHINOTON 98020 ALLEN J. HENDRICKS BUILDING 775-5551 JULIE A. SEVENICH 775-5552 JOHN F. SEGELBAUM MAY 1-4 1986 WALTER 0. PEALE, III May 12, 1986 Ms. Sandra Avanessian 20505 Maplewood Drive (0 [Ply Fdmonds, Washington 98020 Re: Goodhope Pond Dear Ms. Avanessian: I am an attorney representing the Emerald Hills Home Owners Associa.tIon. My client has contacted me reqarding the above -referenced matter and the City of Edmonds concerns related to the pond. It is my understandinq that you have done some preliminary research related to the problem with the Goodhope Pond, and in fact have had it inspected by an engineer. It is further my understanding that you met with a group of the homeowners in Emerald Hills to discuss the matter, and at that time you made a proposal for the repair of the dam. By this letter I am inquiring as to the following: 1. Who is the engineer you had inspect the pond? 2. Was an engineering study done? 3. Was a proposal prepared by your engineer - detailing how the pond could be repaired? 4. What was the proposal you previously discussed with the homeowners vou met with? 5. What are your current plans regarding the the pond? I want to assure you that it is the Homeowners Associations' desire to work with you in resolvinq this Ms. Avanessia.n May 12, 1986 page 2 matter. I am requesting that you provide the above reauested information to me, in writing, at your soonest convenience so that information can be presented to the Board of Directors of the Association. I am also requesting that you direct any questions or concerns you might have to me, rather than to the individual homeowners so we can resolve this in an orderly manner and avoid any unnessary confusion resulting from misunderstandings between and among neighbors. Please remember that no individual homeowner has authority to act on behalf of the Homeowners Association. It is my understanding that the pond was put in in 1935 by your father, obviously long before the existence of Emerald Hills. I am further advised that there is some question where the property line is, as well as questions relating to who put the fence up and who authorized the fill in the location of the pond. My clients acknowleged that the pond creates a real and present problem and we want to be cooperative in resolving this matter, however, by this letter, we are not assuming any financial responsibility for the repair or removal of the pond. If you will respond, in writing, to our request for information within the next few days, we will be able to present your proposal to the Homeowners' Board of Directors. It is our sincere hope that we can work through this efficiently and amicably to reach an appropriate and satisfactory resolution for everyone. Please call me if you have any questions or concerns. very truly yours VE I ICAS, Y C4, SEGELBAUM AND,PEALE VE Ju e A. ni JA/pb cc Harold Reeves Building official City of Edmonds 250 5th Avenue North Edmonds, Washinqton 98020 Frank Vitcovich, President Emerald Hills Homeowners Association Board of Directors c/o Frank Vitcovich STREET FILE I � PQ-04 A�-' File No. 01.1.12 03.1.03 May 10, 1985 MEMO FOR RECORD SUBJECT: CLAIM FOR DAMAGES - SANDRA GOODHOPE AVANESSIAN This claim is the result of the water main contractor on Highway 99 and 212th St. S.W. The subject storm drain frame and grate were in�the street cut made by the contractor and was not secured well for the weekend. - - ..", ­!:. . John Walvatne was called and had to reset the frame and grate and put down a quarter ton of MC-2 asphalt to secure the lid. BILL STROUD Street Division Supervisor BS/ml cc: Finance RECEIVM MAY 3 1985. Please file claim promptly with the city Clerk. EdMoWs Qty C*,* 7Z. - . .., e..� cLAin rOR DAMAGES o& not"-- 7-44��., 70 VE CITY, COUNCIL OF THi CITY OF =KONDS: PLEASE TAKE NOTICE, THAT SANDRA GOODHOPE AVANESSIAN WHO MY RLSIDZS AT 20505 Marlewood Drive, Edmonds (-7 -7 8 - 11�7 7) T—State- present actual address by street, number and city) AND WHO FOR SIX MON-L-dS PRIOR 710 DATE OF ACCIDENT HAS RESIDED AT 20505 Ma lewood Drive, Edmonds (Give residence by street, number and city) CLATYLS WAGES OF AND TRCK nM CITY OF EMONDS IN T1X SUY OF S 876.98 arising out of the following circumstances: . Saturday, April 20, 1985, approximately 1:00 p.m., Describe Clai m, giving DATE and TIME injury or at 212th and =xma ;Zvenuv- da-mage occurred, PLACE I was driving- south on Aurora Avenue and slowed to a.nd full particulars. turn r-Lght (west) or. 212th. As my car passed over Accurately'locate and a metal covep =,p a newly eur4eeed etpip eg asphalt, describe defects caus- ing injury or dafnit e the cover and the metal framework around the hole — and all acts of negli- came loose ancl strucr, Ene undersiae or-­E`y­Zar, tearing gence claimed. out the fri�me crossbar and the exhaust system and causing extensive damage to the floor. Edmonds pol±,.;e ufftcez K. tue xuspundcd. My car, a 1977 Cadillac Coupe deVille, was towed to ,lecurately describe the local Cadillac dealer/service center for repairs, injuries or damage and I was 6etriyed e4 -my atitemabile ontil t was repaired (4-30-85). My husband and I managed without a car, except for two days, when one 7a—sessential to US. I rented n car at a reduced rafe hy I tting the Cadillac service center arrange it. State items of damage claimed. Itemize &U Jim's NcrttEate Towing, Inc. 32-37 expenses and losses. Alderwood Sales 803-75 American International Rent a Car 40.86 (Claim must be mwra to by claimmt) $876. 98: g6o " ignatur lai1nant) SULVJMM AND SWORN TQ 4* before me �hia _day o f MAY Ic r- NotZky Public in -9nd for tb;. State of WeAhington, residing STREET FILE CITY OF EOMONOS 250 5th AVE. N. - EDMONDS, WASHINGTON 98020 - (206) 771-3202 COMMUNITY SERVICES May 1st, 1986 Emerald Hills Association c/o Mr. Frank Vitcovich 236 12th Avenue North Edmonds, Washington 98020 Sandra Avanessian 20505 Maplewood Drive Edmonds, Washington 98020 RE: Goodhope-Pond Emerald Hills LARRY S. NAUGHTEN MAYOR PETER E. HAHN DIRECTOR In response to a citizen's complaint, the City Building Division has conducted an investigation of the "Goodhope Pond". Enclosed is a copy of a March 25th, 1986 report from Landau Associates which details the current problems. Chapter 70 of the Uniform Building Code, as adopted by the City, states..."when existing excavation or embankment or fill on property has become a hazard to life and limb, or endangers property, or adversely affects the safety, use or stability of a public way or drainage channel, the owner of the property upon which the excavation or fill is located, or other person or agent in control of said property, upon receipt of notice in writing from the Building Official shall ... repair or eliminate ... the hazard and be in conformance wit1-1 the requiremnts of this code." We are asking that within 30 days date of this letter, you file application for the appropriate permits accompanied by plans based on a report from your Engineer, detailing how the pond and embanRm-ent are to be removed or repaired. Failing to do so will result in the Tattel- being referred to the office of the City Attorney. �'A CL/101C111-1 Harold Reeves Building Official cc: City Attorney Enclosure PUBLIC WORKS PLANNING PARKS AND RECREA710M as 0\(3 9 os-y cv-\-�� \j cr?, cool c-w--y-r, Err 311A 133US PERKINS COIE STREET FIE A LAw PARTNERSHIP INCLUDING PROFESSIONAL CORPORATIONS ONE BELLEVUE CENTER, SUITE 1800 - 411-108TH AVENUE NORTHEAST - BELLEVUE, WASHINGTON 98004 TELEPHONE: (206) 453-6980 September 16, 1986 Mr * Jerry W. Hauth Hydraulics Engineer City of Edmonds 2SO Fifth Avenue N.* Edmonds, WA 98020 Re: Sandra Avanessian/Emerald Hills Pond Dear Mr. Hauth: Enclosed is a redraft of your proposed culvert easement incorporating the changes we discussed in our phone conversation of September 16. We have also reorganized the substantive provisions of the Easement for clarity'. My understanding is that the grant of this easement by Ms. Avanessian will resolve all questions relating to the Emerald Hills Pond and relieve Ms. Avanessian of any future responsibility for repair or removal of the dam. Please advise if this understanding is incorrect. Please call if you have any questions or comments. GNB:tlw cc: Sandra Gerald Omar S.* Avanessian B. Treacy Parker, Jr. Sinc rel I Gart N. Ber TELEx: 32-0319 PERIUNS SEA 0 RcsimtLE (GP iji,m): (206) 453;7350 OTHER OFFICES: ANCHORAGE, ALASKA - PORTLAND, OREGON 'SEATTLE, WASHINGTON - WASHINGTON, D.C. SOLUTION OF MANNING'S FORMULA - PIPE RUNNING FULL 0: AM. N INCHES AREA I N SQUARE HYDRAULIC RADIUS R 2,'3 AR 2/3 1-486 X R2/3 XA lot various valuesof n fl FEET n .012 11 .019 n .024 n .031 6 .196 .125 .250 .049 6.068 3.832 3.034 2.349 8 .349 .167 .303 .106 13.13 8.290 6.563 5.08 10 .545 .208 .351 .191 23.65 -14.94 11.83 9.15 12 .785 .250 .397 .312 38.64 24.40 19.32 14.96 15 1.227 .3125 .461 .566 70.09 44.27 35.04 27.13 18 1.767 .375 .520 .919 113.8 71.88 56.90 44.05 21 2.-05­ U7 - .'676 1 .38� - 171.5 108A 85.75 66.39 24 3.142 .50 .630 1.079 -2-45.r 154.8 122.5 94.88 30 4.909 .625 .731 3.588 444.3 280.6 222.2 171.99 36 7.069 .75 .825 5.832 722.2 456.1 361.1 279.56 42 9.621 .875 .915 8.803 logo 688.5 545.0 421.94 48 12.566 1.00 1.00 12.566 1556 982.8 778.0 602.33 54 15.904 1.125 1.082 17.208 2131 1346 1065 825 60 19,635 1.25 1.16 22.777 2821 1781 1410 1092 66 23.758 1.375 1.236 29.365 3636 2297 1818 1407 72 28.274 1.50 1.310 37.039 4587 2897 2293 1776 78 33.183 1.625 1.382 45.859 5679 3587 2839 2198 84 38.485 1.75 1.452 55.880 6920 4370 3460 2679 90 44.179 1.875 1.521 67.196 8321 5255 4161 3244 96 50.266 2.00 1.587 79.772 9878 6239 4939 3824 108 63.617 2.25 1.717 109.230 13526 8543 6763 5236 114 70.882 2.375 1.780 126.170 15624 9868 7812 6048 120 78.54 2.5 1.842 144.671 17915 11320 8957 6935 9 AV Q A X 1-�86 - X R 2/3 X S 1/2 V - LL86 X R 2/3 X S 1/2 n n V Velocity in fps R Hydraulic Radius S - Hydraulic slope ft./ft. Q Capacity in cfs A Area of pipe in square ft. n Coefficient of Roughness. NOTE: To obtain Q for any diameter Pik, n-4Ztiplj the figure shomn in the column under the proper -ualue of n b,,l the sq, root of the slope. MAP SCALES AND EQUIVALENTS FEET PER INCH FRACTIONAL SCALE INCHES PER 1000 FT. INCHES PER MILE MILES PER INCH ACRES PER SQ. INCH SQ. INCH PER ACRE SQ. Mi. PER SQ. INCH 213.00 1:240 50.000 264.000 0.004 0.0092 108.9000 0.000014 40.00 1:480 25.000 132.000 0.008 0.0367 27.2250 0.000057 50.00 1:600 20.000 105.600 0.009 0.0574 17.4240 0.000090 100.00 1:1200 10.000 52.800 0.019 0.2296 4.3560 0.000359 200.00 1:2400 5.000 26.400 0.379 0.9183 1.0890 0.001435 400.00 1.4800 2.500 13.200 0.076 3,6731 0.2723 0.005739 500.00 1:6000 2,000 10.560 0.095 5.7392 0.1742 0.008968 1000.00 1:12000 1.000 5.280 0.189 22.9568 0.0436 0.035870 1320.00 1666.667 1-15840 1:20000 0.758 0.600 4.000 3.168 0.250 0.316 40.0000 63.7690 0.0250 0.0157 0.062500 8.099639 2000.00 2640.00 1,24000 1 31680 0.500 0.379 2.640 2.000 0.379 0.500 91.8274 0.0109 0.143480 4000.00 5280.00 1:48000 0.250 1.320 0.758 160.0000 367.3095 0.0063 0.0027 0.250000 0.573921 80000.00 1.63360 1 196000 0.189 0.125 1.000 0.660 1.000 1.515 640.0000 0.0016 1.000000 1469.2378 0.0007 2.295684 10560.00 16000.00 1 126720 1:192000 0.095 0.063 0.500 2.000 2550.0000 0.0004 4.00*0000 20833.333 1.250000 0.048 0.330 0.253 3.030 3.946 5876.9513 0.0002 9.182736 21120.00 1'253440 0.047 0.250 4.000 9963 9067 10240*0000 0.0001 15,568604 0.0001 16.000000 CITY OF EOMONOS 250 5th AVE. N. - EDMONDS, WASHINGTON 98020 - (206) 771-3202 COMMUNITY SERVICES August 12, 1986 Mrs. Sandra G. Avanessian 20505 Maplewood Drive Edmonds, WA 98020 Dear Mrs. Avanessian: LARRY S. NAUGHTEN MAYOR RE: Emerald Hills Dam/Goodhope Pond PETER E. HAHN DIRECTOR This is in reply to your July 18, 1986, letter to Hal Reeves. You raise a number of valid issues which deserve careful consideration and reply. We -can all agree that the dam appears to have some benefits to more than one party: Emerald Hills; you; perhaps other neighbors. You imply that the City may have some responsibility for the condition of the dam because of a sewer line that was constructed in 1969, seventeen years ago. You carefully use the word "may" in assigning this responsibility, and you are prudent in doing so. It would be very difficult to prove that action taken as long ago as 1969 is responsible for the deterioration and the conditions that have been observed in 1986. The mere fact that the City has constructed a facility through the dam, and maintained the five foot easement in no way constitutes a comprehensive responsibility for any subsequent conditions. Each case must be investigated carefully for cause and effect. For example, a break in the sewer line, and a substantial leak would be expected to contribute to a deteriorated condition. I have no evidence at this time that a sewer line rupture and leak have in fact occurred either - recently or at any time since 1969. It is the City's position, however, that we are willing to consider a variety of alternatives in conjunction with the affected property owners. If supported by facts.and conclusive engineering analysis, this may even include some financial participation. I am proposing that representatives of the City, of the Emerald Hills Homeowners Association, and you meet in person to discuss the results of the investigations and potential solutions of the problems in this structure. PUBLIC WORKS PLANNING PARKS AND RECREATION ENGINEERING Mrs. Avanessian -- pg. 2 I will have staff from the Engineering Division telephone you the week of August 18 to set up such a meeting at your convenience. I hope that through a direct meeting and a frank discussion we can begin solving the problem. Since ely, Peter Hahn CC. Mayor Naughten Bob Alberts Jerry Hauth City Attorney Hal Reeves Emerald Hills Homeowners Association GOODHOPE/TXTPEH61 RECEIVED JUL 2 11986 20505 Maplewood Drive ENGINEERING Edmonds, Washington 98020 july 18, 1986 Harold Reeves Building Official City of Edmonds 250 Fifth Avenue North. Edmonds, Washington 98020 Rei Emerald Hills Dam/Goodhope Pond Dear Mr. Reevest There is a pond on my property formed by an earthen dam that was built in the early 19501s. The dam runs lengthwise along the property line, so that roughly half of the fill lies on my property and half on Emerald Hills open space. Recently some residents downstream have been concerned about the stability of the dam. The City has shared that con- cern and engaged Landau Associates -'to conduct a soil. studyi Since acquiring the property in February and in response to ulti- mata from the City, I have.been pumping,the water into the drainage pipe in order to lower the water level. I have also tried to work with the Emerald Hills Homeowners Association and with the -City to find a permanent solution to what is perceived to be a probleM. I ordered and -have received a Topographical Survey from Chenoweth and Associates, and 1 have retained Fujiki and Associates for engineering expertise. Review of the Topographical Survey, a copy of a portion of which is at ' tached, plus other research and discussions with the engineers, have. -led me to a number of realizations: 1. In 1968 the City.acquired a five foot wide easement on my side of the property line, running the entire length of the dam -and beyond, for the purpose of installing and maintaining a sewer line, part of L.I.D. 161. 2. In 1969 the City excavated in the dam, installing the sewer line. After installing the line the City rebuilt the dam. The fill used around the sewer line may have been chosen'for its suit- ability for its use with sewer lines, rather than its suitability for damming purposes. In any case, the excavation and/or the type. Of fill Used may have disrupted the dike construction to cause subsequent leakage. Reeves july A, 1986 page 2 3* The invert at the manhole at the lower (southern) end of the sewer line is higher, than the bottom of the pond. Removal of the dam and regrading of the area for drainage, a plan that has received good reaction from the city representatives with whom I have discussed it, would expose the sewer line. Further, the engineers have indicated that there is a minimum requisite cover over sewer lines. I feel that the City, being the last to excavate the dam, having created a circumstance.that precludes the dam's removal, and holding an easement for maintenance:of the sewer line within the dam, is the most appropriate party to acknowledge responsibility for the dam. Also, because the City undoubtedly also has an easement for the por- tion of the dam that lies in Emerald Hills, it is in a unique position in being able to oversee maintenance of the entire dam. (As indicated in the Landau report, recent plantings by Emerald Hills in the face of the dam threaten the integrity of the dam.) I also feel that.stabilizing the dam is the most reasonable solu- tion to any problems in the area. The pond is a visual asset to at least three homes as well as being home to catfish and a number of ducks, a lunch spot for a heron, and, as a detention pond, a function- ing part of the storm drainage system. I intend to cooperate with the City in resolving this matter, including allowing reasonable access across my property to the dam for personnel and equipment. But my good intentions should not be understood to be an acceptance of any responsibility for the Costs involved.. In fact, I feel the'City should reimburse me for Costs al- ready incurred for pumping, for the Topographical Survey, for engineer- ing costs, and for legal fees. I.would gladly sell the topographical drawings to the City at my cost. I shall expect to hear from you promptly. I shall continue to keep the water level pumped down for another thirty days, and then, if nothing further is being doine to alleviate:the situation, I shall stop pumping and let the pond return to its normal condition. Sincerely, Sandra G. Avanessian cc. Larry S. Naughten, Mayor - Jerry Hautht Hydraulics Engineer Enclosure 8111LI)IN(; JUL 9,1 1986 ow 20505 Maplewood Drive Edmonds, Washington 98020 july 18, 1986 Harold Reeves Building Official City of Edmonds 250 Fifth Avenue North Edmonds, Washington 98020 Re: Emerald Hills Dam/Goodhope Pond Dear Mr. Reeves: There is a pond on my property formed by an earthen dam that was built in the early 1950's. The dam runs lengthwise along the property line, so that roughly half of the fill lies on my property and half on Emerald Hills open space. Recently some.residents downstream have been concerned about the stability of.the dam. The City has shared that con- cern and engaged Landau Associates to conduct a soil study. Since acquiring the property in February and in response to ulti- mata from the City, I have been pumping.the water into the drainage pipe in order to lower the water level. I have also tried to Work with the Emerald Hills Homeowners Association and with the City to find a permanent solution to what is perceived to be a problem. I ordered and have received a Topographical Survey from Chenoweth and Associates, and 1 have retained Fujiki and Associates for engineering expertise. Review of the Topographical Survey, -a copy of a portion of which is attached, plus other research and discussions with the engineers, have led me to a number of realizations: 1. In 1968 the City acquired a five foot wide easement on my side of the property line, running the entire length of the dam and beyond, for the purpose of installing and maintaining a sewer line, part of L.I.D. 161. 2. In 1969 the City excavated in the dam, installing the sewer line. After installing the line the City rebuilt the dam. The fill used around the sewer line may have been chosen for its suit- ability for its use with sewer lines, rather than its suitability for damming purposes. In any case, the excavation and/or the type of fill used may have disrupted the dike construction to cause subsequent leakage. Reeves July 18, 1986 page 2 3. The invert at the manhole at the lower (southern) end of the sewer line is higher than the bottom of the pond. Removal of the dam and regra * ding of the area for drainage, a plan that has received good reaction from the city representatives with whom I have discussed it, would expose the sewer line. Further, the engineers have indicated that there is a minimum requisite cover over sewer lines. I feel that the City, being the last to excavate the dam, having created.a.circumstance that precludes the dam's removal, and holding an easement for maintenance.of the sewer line within the dam, is the most appropriate party to acknowledge responsibility for the dam. Also, because the City undoubtedly also has an easement for the por- tion of the dam that lies in Emerald Hills, it is in a unique. position in being able to oversee maintenance of the entire dam. (As indicated in the Landau report, recent plantings by Emerald Hills in the face of the dam threaten the integrity of the dam.) I also feel that stabilizing the dam' is the most reasonable solu- tion to any problems in the area. The pond is a visual asset to at least three homes as well as being home to catfish and a number of ducks, a lunch spot for a heron, and, as a detention pond, a function- ing part of the storm drainage system. I intend to cooperate with the City in resolving this matter, including allowing reasonable access across my property to the dam for personnel and equipment. But my good intentions should not be, understood to be an acceptance of any responsibility for the costs involved. In fact, I feel the City should reimburse me for costs al- ready incurred for pumping, for the Topographical Survey, for engineer- ing,costs, and for legal fees. I.would gladly sell the topographical drawings to the City at my cost. I shall expect to hear from you promptly. I shall continue to keep the water level pumped down for another thirty days, and then, if nothing further is being do;ne to alleviate -the situation, I shall stop pumping and let the pond return to its normal condition. Sincerely, Sandra G. Avanessian cc. Larry S. Naughten, Mayor Jerry Hauth, Hydraulics Engineer Enclosure 41 C1 IZ-1 01 U T I L I T Y E A S E M E N T # 31`7 IN CONSIDERATION OF BENEFITS TO ACCRUE TO THE GRANTORS HEREIN, THE UNDERSIGNED, Ellen J. Goodhope AND HEREBY GRANT TO THE CITY OF ED,%IONDS, A MUNICIPAL CORPORATION, A PERM-A—NENT —EASEMENT FOR THE INSTALLATION, OPERATION, AND MAINTENANCE OF _ _,n .7s e7 n i 4- ce if r, � ej /. , .� I ,Km, :5 " A., -- e, OVER, ACROSS, THROOGH AND 113ELOW THE FOLLOW— ING DESCRIBED PROPERTYj AND THE FURTHER RI-iiHT TO REMOVE TREESj BUSHESj UNDERGROWTH AND OTHER OBSTRUCTION ' S INTERFERING WITH THE LOCATION, CONSTRUCTION AND MAINTENANCE OF SAID UTILITY OR UTILITIES. THE EASEMENT AND RIGHT-OF-WAY HEREBY GRANTED IS LOCATED IN. THE COUNTY OF SNOHOMISH, STATE OF WASHINGTONj AND IS MORE PARTICULARLY DESCRIBED AS FOLLOWS: The following described portion of land lying within Lot 6; Maplewood HI I Is, Less the 'south 100 feet thereof, together. with the south 88.12 feet of Lot 7, MaplpwoocLHil Is according to the pla+ thereof as recorded in Volume 10 of plats, page 120, Records of Snohomish County, Washington. The west 5 feetof Lot 6 less,the south 100 feet and the west 5 feet of the south 88.12 feet of Lot 7, --r6ge'ther with the following: Beginning at a point on the west line of said Lot 6, distance thereon of 100-feet north of the southwest corner; 'thence easterly' paral 'lei to the south line of Lot 6, a distance of 100 feet; thence northwesterly In a straight I ine to a point on the west I ine of Lot 6, distance thereon of 145 feet North of the southwest corner of Lot 6; thence south along said west line 45 feet to the True Point of Beginning. N 0 S A U: S 71T'A'0� C REQUIRED FEB 20 M69 VWE I"', sn C 1. '1, . 13 :11 S"If V, -D,#ty THE CITY AGREES TO RESTORE TO SUBSTANTIALLY THE:ORI GINAL CONDITIO N SUCH IM_ PROVEMENTS AS ARE DISTURBED DURING THE CONSTRUCTION, MAINTENANCE AND REPAIR OF SAID UTILITY OR UTILITIES; PROVIDED, THE GRANTORSj THEIR HEIRS OR ASSIGNS SHALL NOT C'ON- STRUCT ANY PERMANENT STRUCTURE OVER, UPON OR WITHIN THE PERMANENT CASEMENT. DAT ED 7 H I S DAY OF 19 e. QC Cr C)= �t Uj q CL. =C), 2) STATE OF WASHINGTON) SS Co c2toa W C3. COUNTY OF6noha—i',sh) L13 . W-. ��= -i <C% 80 cr, _"j Lj > C= -R 0-4 THIS DAY PERSONALLY APPEARED BE'rf)bRE,ME Ir /1,,, "TO ME KNOWN TO BE 1 401 V I DUA_L__T_ST_ DESCRIBED IN AND WHO EXECUTED THE WITHIN 7140 FOREGOING INSTRUMENT, AND ACKNOWLEDGED THAT .Ch. SIGNED THE SAME AS _jyCr FREE AND VOLUNTARY ACT AND DEEDj FOR THE USES AND PURPOSCS THEREIN MENTIONED. GIVEN under my hand and official seal this day of 1968. NOTARY,. !A'4D*' THE STATE OF WASHIO 0 , S. A . T L OFFICIAL RECORDS VOL . 291 pAcE 389 File No. 1.610A "14 U T I L I T Y E A S E M E N T �qj -L4 IN CONSIDERATION of benefits to accrue to the grantors herein, the undersigned, A an� a municipal CorporaTion, a Permanent Easement Lr) hereby glaanXtHn th.- r e Cr 11 TT for the installation, operation, an' maintenance of S2 over, across, d through and below the following described property, -and the further right to remove trees, bushes, undergrowth and other obstructions interfering with the location, construction and ma intenance of said utility or utilities. The easement and right-of-way hereby granted is located in the County of Snohomish, State of Washington, and is more particularly described as follows: Two parcels of land lying within the following described property: Beginning at a point S 0007100"E, 8701 from the NW corner of NE 1/4, SE 1/4, Sec. 24, T27N, R3E, W.M., the True Point of Beginning; thence S 89050154"E, 560'; thence N 0*07100"W, 430'; thence S89050154"E. 301 - thence N 2707�159"E, 389'; li'.ence N G'iO'53"W-,,,,95' To a point on the North I ine �( NE'1/4, SE 1/4, said Sec. 24; thence E. �Iong said N. line to the E. line of NE 1/4, SEI/4 said SEc. 24; thence S. along said E. I ine to the S. line of NE 1/4,_ SE 1/4, Sec. 24;'thence W. along said S. line to the W. line of NE 1/4, SE 1/4, SEc. 24; thence N. along W. line of 1 /4, SEI/4, said SEc. 24, to TPB. PARCEL 1: A strip of land 15' in width being 7�51 on each side of and adjacent to the following described centerline; Beginning at a point on the N. I ine of NE 1/4, SE 1/4, Sec. 24, T27N, R3E, W.M., said point.being S 89'50'54"E,.767.201. from the NW corner of NE 1/4, SE 1/4, said SEc. 24; thence S 0*10153"E, 51; thence along the arc of a curve to the right, having a radius of 370.301 and consuming a central angle of 27019116". for a distance of 176.581 which is the centerl ine of 12th Ave. N., as shown on the Plat of '' Maplewood Vi I lage No. 4, Volume 25, of Plats, page 45, records of Snohomish County, Wash.; thence continue along the centerline of 12th Ave. N., S 27*08'23"W, 262.48f; thence S 43031137"E, 115.33; thence N_58027147"E, 230.751; . th; N 69*06153"E, 137. 51; th; S 64-20'32"Eo 77.78'; thence N 11E, .226' -to the terminus'of the herein I described centerline. Less that portion 0 t e above described line,, fying within said 12th Ave. N. A temporary easemenT 101 wide adjacent to the Northerly margin of the above easement shall be granted for construction purposes only. This temporary easement shall be nuil-and-vo-��a-fte-r-const'ruct'i-dn-and-when-th!Cf-s'ewe*r-l-i-ne-haA__Ieen accepted by !he-Cl'ty. PARCEL 2: The East 51 of �the South 1301 feet of the North 3501 of the NE 1/4, SE 1' 4 said n 24. Sectio 0 t r s , i� r i or ou s� of_t No trees either i�nside or.ou si e o - h'O--atyo."-easeffe(4-t-s-.sha-l-l-be-removed-w-l-t-hout--,----,/ permission of the owner. Ine Urainage channel along the Easterly 230 feet of Parcel I shal I be restored with washed gravel and crushed roclf as necessary to insure that thete w be no erosion due to this drainage flow. The Ci-ty agrees to pay to the grantor the sum of six hundred dol lars ($600.00) being approximately one dollar (1-00) per lineal foot of easement granted. ?.. The City agrees to restore to substantiafly the original condition such . I mp rovements as are disturbed during the construction, maintenance and repair of sa i d utility or utilities; provided, the Grantors, their heirs or assigns shall not construct any permanent structure over, upon or within the -permanent easemenf. I DATED this ' d day of 9 19 C _,�_ �17X HO SALES, T /2,,- ,�9 12 RF0U1FZFD ju�, 2- STATE OF wASHfNGTON) K* )ss DeputY COUNTY OF On nis aay personally appeared before me and -on d15 describea, ir and wh to me known to.be- th 1i �h u�i v`1 d �u�� ex i eCUte 7i'--- within ana foregoing instrument, and acknowledged That same as free and voluntary act and deed, for the Si 0- the 5; mention uses ana purposes inerein r- ;:0 GIVEN under my hand and official seal this day of 19 0. 0 NOTAR PUBLIC in and for thO -State of C-TJ Washington, residing at 4�" N 0 I', - cc 0 Cq 1.610A Go 0 U T I L I T Y E A S E M E N T IN CONSIDERATION OF BENEFITS TO ACCRUE TO THE GRANTORS HEREIN, THE UNDERSIGNED, j AND 111ye-R,1- HEREBY GRANT TO T RT 07 EDtONDS, A MUNICIPAL CORPORATION, A PERMANENT tASEMENT FOR THE INSTALLATION, OPERATION, AND MAINTENANCE OF SA17U1r,4 X-jk" -741W10­ 5&.t�e,-s OVER3 ACROSS, THROUGH AND BELOW THE FOLLOW- ING DESCRIBED PROPERTY, AND THE FURTHER RIGHT TO REMOVE TREES, BUSHES, UNDERGROWTH AND OTHER OBSTRUCTIONS INTERFERING WITH THE LOCATIONj CONSTRUCTION AND MAINTENANCE OF SAID UTILITY OR UTILITIES. THE EASEMENT AND RIGHT-OF-WAY HEREBY GRANTED IS LOCATED IN THE COUNTY.OF 'OF WASHINGTON, AND IS MORE PARTICULARLY DESCRIBED AS FOLLOWS: SNOHOMISH, STATE The South 10.00 feet of the West 181.53 feet of Lot 7, Maplewood Hills, according to the plat thereof, recorded in Volume 10 of Plats, Page 120, records of Snohomish County, Washington. LESS the south 88.12 feet thereof. ,h4,#,Vh4e1_&7Z-, Vuu367p_5 V_ 0 LL s LA, Ir -go, ce cf�/y es /0 r(ft",91le- 4- k- ea Solt 14 we 5-1 C0v-1,xe-v1 Ole SS -passi -6 le- JL�Lr L4 I .,5*,4rD 8F U,(daC-7D 7c9 XIJ 412b-A Ve5_-51<9A147_6.b SY THE CITY AGREES TO RESTORE TO SUBSTANTIALLY THE ORIGINAL CONDITION SUCH IM- PFiOVEMENTS AS ARE DISTURBED DURING THE CONSTRUCTION, MAINTENANCE AND REPAIR OF SAIO U TILITY OR UTILITIES; PROVIDED, THE GRANTORS., THEIR HEIRS OR ASSIGNS SHALL NOT CON- STRUCT ANY PERMANENT STRUCTURE OVERj UPON OR WITHIN THE PERMANENT EASEMENT. DATED THIS /x DAY OF 19 ED C: I STATE OF WASHINGTON)- S S COUNTY OF5,V0//-"P8_A.!f� ON THIS DAY PERSONALLY APPEA.REO BEFORE ME AND 11t4C- 121-F ZF_ ARIR'6� A '.r tv,'orp TO ME KNOWN TO BE THE INDIVIOUA—LT-ST— DESCRIBED IN AND WHO EXECUTEDTHE WITHIN AnD FOREGOING INSTRUMENT, AND ACKNOWLEDGED THAT )�Lt,V SIGNED THE SAME AS H, e- , r FREE AND VOLUNTARY ACT AND DEED, FOR THE USES AND PU7POSES THEREIN MENTIONED. L �YR IN X.NO FOR THE 5TATE OF PUBLIC HINGTON, RESIDING AT 57. 6 �Z/z OFFICIAL RECORDS 7 rve 278 ?!,u 5 , 410 171) U T I L I T Y E A S E M E N T # 31`7 IN CONSIDERATION OF BENEFITS TO ACCRUE TO THE GRANTORS HEREIN, THE UNDERSIGNED, Ellen J. GoodhoD,.5 AND HCRCBY GRANT TO THE CITY OF ED:.IDNL)S, A MUNICIPAL CORPORATION, A PERMANENT rASEHENT FOR THE INSTALLATION, OPERATION, AND MAINTENANCE or el � ei In i + a,- t/ r, - ej /., � I ,-m -C— . .—,- OVER, ACROSS, THR06GH AND `13ELOW THE FOLLOW- ING DESCRIBED PROPERTY, AND THE FURTHER RI GHT TO REMOVE TREES, BUSHES, UNDERGROWTH AND OTHER OBSTRUCTIONS INTERFERING WITH THE LOCAT ION, CONSTRUC71ON AND MAINTENANCC OF SAID UTILITY OR UTILITIES. THE EASEMENT AND RIGHT-OF-WAY HEREBY GRANTED 15 LOCATED IN THE COUNTY OF SNOHOMISH, STATE OF WASHINGTON, AND IS MORE PARTICULARLY DESCRIBED AS FOLLOWS: The following described portion of land lying within Lot 6; Maplewood Hills, Less the south 100 feet thereof, together with the south 88.12 feet of Lot 7, Maplewood Hills according to the plat thereof as recorded in Volume 10 of plats, page 120, Records of Snohomish County, Washington. The west 5 feet of Lot 6 less the south 100 feet and the we st 5 feet of the south 88.12 feet of Lot 7, together with.the following: Beginning at a point on the west line of said Lot 6, distance thereon of 100-feet north of the southwest corner; thence easterly parallel to the south line of Lot 6, a distance of 100 feet; thence northwesterly in a straight line to a point on the' west line of Lot 6, distance thereon of 145 feet North of the southwest corner of Lot 6; thence south along said west line 45 feet to the True Point of Beginning. NO SALE-Z TAX R E'Q': U I " E D FEB 2 0 19-59 VIM V' W_ Z/ Deffity THE CITY AGREES TO RESTORE TO SUBSTANTIALLY THE ORIGINAL CONDITION SUCH IM- PROVEMENTS AS ARE DISTURBED DUR114G THE CONSTRUCTION, MAINTENANCE AND REPAIR OF SAID UTILITY OR UTILITIES; PROVIDED, THE GRANTORS, THEIR HEIRS OR ASSIGNS SHALL NOT CON- STRUCT ANY PERMANENT STRUCTURE OVERj UPON OR WITHIN THE PERMANENT CASEMENT, DATED THIS DAY OF 19 4) CO) Uj C1 C) < 90 U5 cc 73::j STATE OF WASHINGTON) C0 Ss tv COUNTY OF617che--'-sh) C2 Q _j c<'-' m; C:: ON THIS DAY PERSONALLY APPEARED eE`F`bC'R'E ME -TO ME KNOWN TO BE THE 4 D-1 OESCR18ED IN AND WHO EXECUTED THE WITHIN AND FOREGOING INSTRUMENT, AND ACKNOWLEDGED THAT SIGNED THE SAME AS - R �r FREE AND VOLUNTARY ACT AND DECD, FOR THE USES AND PURPOSES THEREIN MENTIONED. GIVEN under my hand and official seal this z rld day of L) , , , 1968. NOTARY.-PLIB�.LV--�itZ.-A'10,f-,'K THE STATE OF .. f. , , I ASH I N(ZIO W T_ q,.- Af L OFFICIAL 'RECORDS YX 291 F.-If 389 ALLow LAM(98s -muc-im 5LDb-) MAKE-TIAE 0 P-5LDM TP-0 r[-T- DAM Db5-P-Al I Qorl- TA�WLX410RM TIA FLP&-,Rc- ulIERL LLM 6U)m Ef- CLE-Aq w M 4c) 7�� I' 0,5 L4)�-(00) C- Ax too Mtn cp O--q fit., EDMONDS CITY COUNCIL AGENDA MEMO Item number: STREET FILE Originator:Robert J. Alberts For Action: x For Information: SUBJECT: DISCUSSION ON EMERALD POND I AGENDA TIME: 20 Minutes AGENDA DATE: Oct. 14, 1986 EXHIBITS ATTACHED: Copy of 9/30/86 consent agenda memo Copy of Jerry Hauth's memo dated 10/l/86 Copy of 2/20/86 memo to Community Services Committee .earances: Dept./Indiv./Initials ADMIN SVCS/FINANCE CITY ATTORNEY CITY CLERK COMMUNITY SERVICES ENGINEERING PARKS & RECREATION PLANNING PUBLIC WORKS FIRE PERSONNEL POLICE COMMITTEE MAYOR COMMENTS: EXPENDITURE AMOUNT APPROPRIATION REQUIRED: $2,000.00 BUDGETED: $2,000.00 REQUIRED: $ 0 HISTORY AND SUMMARY STATEMENT: At the September 30, 1986 Council meeting, the approval of the easement for a drain culvert was pulled from the consent calendar and placed on the October 14, 1986 Council meeting agenda. The September 30, 1986 agenda memo, which describes the past problems and the solution agreed upon by the City, property owners, and home owners association, is attached. This problem has been discussed with the Community Services Committee (copy of 2/20/86 memo attached). The installation of the culvert will not affect the drainage in the area (see Jerry Hauth memo*dated 10/l/1986). The granting of the easements will allow for the construction and maintenance of the new culvert pipe only. The easements will not allow the public or local home owners association the use of the pond area. RECOMMENDED ACTION: Accept and record the subject easements and authorize staff to install a culvert through the earthen dam. COUNCIL ACTION: Ito (:;�ch 4�`Dt qCli!ty ClOrK I Dt EDMONDS CITY COUNCIL AGENDA MEMO r Item number: Originator: Robert J. Alberts For Action: x For Information: SUBJECT: AUTHORIZATION TO ACCEPT AND RECORD PROPOSED EASEMENTS FROM EMERALD HILLS HOME OWNERS ASSOCIATION AND SANDRA AVANESSIAN AGENDA TIME: Consent AGENDA DATE: Sept. 30, 1986 EXHIBITS ATTACHED: Proposed easements from Emerald Hills Home Owners Assoc. & Sandra Avanessian (adjoining property owner) Clearances: ept./Indiv./Initials ADMIN SVCS/FINANCE CITY ATTORNEY CITY CLERK COMMUNITY SERVICES. ENGINEERING PARKS & RECREATION PLANNING PUBLIC WORKS FIRE PERSONNEL POLICE COMMITTEE MAYOR COMMENTS: EXPENDITURE AMOUNT APPROPRIATION REQUIRED: $2,000 BUDGETED: $2,000 REQUIRED: $ N/A HISTORY AND SUMMARY STATEMENT: Last winter it was brought to City staff's attention that there was a dam on the easterly side of the Plat of Emerald Hills which was seeping. The dam was constructed some thirty years ago for a private pond which is fed by a small spring. A geotechnical investigation was performed which concluded the dam was not safe and did not meet current building codes. The owners were informed that the structure would need to be made safe or removed. Both these options could be expensive. The owner of the pond no longer wished to have a pond and, therefore, preferred removal or opening of the dam. Removal of the dam, however, was complicated by the fact that there is a City sanitary sewer pipeline in the dam. The City would have to go to the expense of lowering the pipeline if the dam was removed or opened. After several discussions with the owners, it was determined the best solution and least expensive to all parties involved, including the City, was to have the City install a culvert pipeline through the dam, which will continuously drain the pond and protect the City pipeline. The attached easements are for the new culvert and associated work. The water/sewer maintenance fund (411) would pay for the culvert pipe and installation. .','AUTAORIZATION TO ACCEPT AND RECORD PROPOSED �EASEMENTS FROM EMERALD HILLS HOME OWNERS ASSOCIATION AND SANDRA AVANESSIAN (CONTINUED) RECOMMENDED ACTION: Accept and record the subject easements and authorize staff to install a culvert through the earthen dam. COUNCIL ACTION: 0 C, UTILITY EASEMENT IN CONSIDERATION of benefits to accrue to the grantors herein, the undersigned, Frank H. Vitovich on behalf of Home Owners Association for Emerald H1 Tls, -hereby grants to the CITY OF EDMONDS, a Municipal ro—rporation, a permanent easement for the installation, operation and maintenance of a culvert over, across, through and below the following described property; and the further right to remove trees, bushes, undergrowth and other obstructions interfering with the location, construction and maintenance of said utility, together with the right of access to the easement at any time for the stated purposes. The easement hereby granted is located in the County of Snohomish, State of Washington, and is more particularly described as follows: A 20 foot strip of land that is 10 feet on each side of the pipe as it now exists or as located in the future in: The East 50 feet of the South 130 feet of the North 350 feet of the Northeast quarter of the Southeast quarter of Section 24, Township 27 North, Range 3 East,.W.M. THE CITY agrees to restore to substantially the original condition such improvements as are disturbed during the construction, maintenance and repair of said'utility or utilities; provided the grantors, their heirs, or assigns shall not construct any permanent structure over, upon, or within the permanent easement. DATED this day of STATE OF WASHINGTON) COUNTY OF SNOHOMISH) On this day personally appeared before me a��C.4- and to me known to be the individual(s) described in and who executed the within and foregoing instrument, and acknowledged that i— stg'ned the'same as free and voluntary act and deed, for the uses and purposes therein mentioned. I S AY OF ,9,7gNDER MY HAND AND OFFICIAL SEAL TH 0 ,7 N RY PUBLIC in and/for the State of shington, residing at I W #-11, . WHEN RECORDED RETVRU TO: G a r t h 14 . B 0 g h P * r k I n s C a i 4 1 1 1 0 9 t h A v 0 n u 0 N . E S U i t Q I a 0 0 V U W A 9 8 0 0 4 Utility Easement. I FOR AND IN CONSIDERATION of benefits derived, the receipt and sufficiency of which is hereby acknowledged, Sandra G. Avanessian, as her sole property ("Grantor"), hereby conveys and quitclaims to City of Edmonds, a municipal corporation of the State of Washington ("Grantee"), for the purposes and on the terms and conditions hereinafter set forth, a perpetual nonexclusive easement over, under, along, through and across the following described real property (the "Property") situate in Snohomish County, Washington: A 20 foot strip of land that is 10 feet on each side of the -pipe as it now exists or as located in the future.in: The West 50 feet of Lot 6, Maplewood Hills, less the South 100 feet thereof, according to the plat thereof as recorded in Volume 10 of plats, page 120, records of Snohomish County, Washington. 1. Purpose. Grantee shall have the right to use, operate, construct, repair, replace and maintain a culvert, with all necessary or convenient appurtenances thereto, over, under, along, through and across the Property for the purpose of drainage of impounded water together with the right of ingress to and egress from the Property for the foregoing purposes. 2. Grantor's Use of the Property. Grantor reserves the right to use the Property for any purposes not inconsistent with Grantee's rights under this Easement and subject to the terms -and conditions hereof; provided, the Grantor shall not construct any permanent structure over, upon, or within the easement area. 3. Construction, Maintenance and Repair. Grantee shall, at its cost and expense, construct a culvert, over, undec, along, through and across the Property, in accordance with good engineering practice and utilizing a method calculated to accomplish the purpose of this Easement (i.e., the drainage of impounded water). Grantee shall at its own expense, make and f.-,Ajh do all necessary maint-enance and repair of and to the Property made necessary by its-Lise thereof. Grantee shall have the right to cut, remove, control the growth of or otherwise dispose of all brush, trees, or other vegetation existing upon the Property which, in the opinion of Grantee, Could interfere with the exercise of Grantee's rights Linder this Easement. Grantee shall, at its own expense, restore the Property to substantially its original condition if the Property is disturbed during the construction, maintenance or repair of the facility contemplated by this Easement. 4. Successors and Assigns. The rights and obligations of the parties hereto shall inure to the benefit and be binding upon the respective successors and assigns. DATED this /7 day of 1986. Sandra -'G. Avanessian STATE OF WASHINGTON ss. COUNTY OF SNOHOMISH On this day of 1986, before me, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared Sandra G. Avanessian, to me known to be the individual who executed the within and foregoing instrument, and acknowledged the said instrument to be her free and voluntary act and deed, for the uses and purposes therein mentioned. GIVEN UNDER my hand and official seal the day and year in this certificate above written. 0 0 a a N NOTARY PU1iL-IC in and for the State of Washing' ton, residing at My Appointment Expires: -2- M E M 0 R A N D U M October 1, 1986 TO: Bob Alberts, City Engineer FROM: Jerry Hauth, Hydraulics Engineerv&*,— SUBJECT: EMERALD HILLS POND The Emerald Hills Pond is located at the top of a drainage to the west. The contributing area for this subbasin lies westerly of Maplewood Drive and is bounded by Main Street on the south and Sierra Street on the north. The basin area is 15 - 20 acres. (For the purpose of calculations, the larger area was used.) This pond does not function as a detention pond. For each dr op of water that flows into the pond, an equal amount of water is displaced and flows out of the pond. The only detention capability of this pond is when the volume of water coming into the pond exceeds the capacity of the existing discharge pipes. During this time, the water in the pond can only increase in depth by 3 112" before it will start to spill over the top of the dam. This limited amount of "freeboard" was referred to (in the geotechnical evaluation the City had prepared), as significant enough to warrant remedial action. In order to use the existing pond as a detention pond, the first step would be the -installation of a -culvert through the existing earthen barrier. It is essential that the pond be allowed to drain totally between rainfall events. A weir or an orifice can then be installed at some-fater date in order to accomplish the necessary detention of the - runoff. These metering devices have overflows that assure that -an acceptable amount of freeboard is maintained at all times. This pond is in the Shell Creek drainage basin, so we will have the Engineering consultant's evaluations of this, together with their recommendations. They will be reviewing it in conjunction with the overall "Big Picture" of Shell Creek. JWH/st PONDMEMO/TXTST530 M E M 0 R A N D U M February.20, 1986 TO: Community Services Committee FROM: Robert Albe4i�� City Enginee�' SUBJECT: 666BI16PE PeND BRIEFING ON POTENTIAL PROBLEMS Emep-ALD Poo; Approximately thirty-five years ago a Dr. Goodhope constructed an earth dam approximately 100 feet in length across the local drainage basin creating what is now known as Goodhope Pond. The pond is adjacent and uphill to the Emerald Hills homeowners park located north of Main' Street and west of Maplewood Drive. The pond is fed from the local basin runoff waters creating a storage area of approximately 2,500 square feet by 5 to 7 feet deep. An outlet pipe allows the runoff waters to continue down stream through the local park and residential neighborhood. On May 30, 1985i the City was contacted by the president of the local homeowners association who expressed concerns regarding the integrity of the dam and requested the City inspect the dam. A site inspection was performed by the City staff. Based on visual observation, the City staff concurred with the homeowners association that potential problems did exist. The major concern was seepage along the toe of the dam's slope which could result in the dams failure. The property owner was notified of these concerns and has since pumped the water in the pond down to a safe level. ,Since being first notified of the potential problem, there has been several discussions and site visits. The City's attorney was made aware of the problem and gave his opinion in a letter dated February 10, 1986. (see attached) The attorney expressed concern over the City's liability and suggested the City hire a consulting engineer to determine the deficiencies of the dam. Staff has contended that the owner should be responsible for the dam but that an expert should evaluate the problem. The'C-ity requested a proposal from a geotechnical engineering company to perform an investigation. In preparing the engineering proposal, the-geotechnical engineering company visited the site and observed the following deficiencies: 1. Inadequate freeboard 2. No emergency overflow structure 3. No trash rack ��4. Inadequate top width 5. Lack of maintenance 6. Steep side slopes. The dam constructed was also determined not to be in compliance with the building codes. The owner was notified in writing of these observed deficiencies and requested to implement corrective measures. The issue has become clouded by the fact that it has been determined that a portion of the dam is actually on property owned by the homeowners association and improvements by the homeowners association in the park may have contributed to the problem. Staff has been unsuccessful in getting the parties involved to take corrective measures with the exception of pumping the pond. The City thereby felt compelled to proceed with retaining a consulting engineer to investigate the site at an estimated cost of $1,500. The investigation by the consultant will be done in the very near future. If major concerns are identified which will require substantial improvements to be made or the removal of the dam; staff anticipates problems with the homeowners associati.on and property owner. The staff will keep the Committee and Council informed on this issue and associated problems as they develop. TO: FROM: RE: CITY OF EOMONOS CIVIC CENTER - EDMONDS. WASHINGTON 98020 - (206) 775-252�-) CITY ATTORNEY February 3.0, 1986 Hal Reeves and Jerry Hauth City of Edmonds Scott Snyder Office of the City Attorne. y Goodhope Pond LARRY S. NAUGHTEN MAYOR On Wednesday, February 5, 1 talked with Jerry and Thursday, with Hal regarding Goodhope Pond. It is my understanding that at the present time a dam exists partially on common property owned by the Emerald Hills Tennants Association and partially on that of an Abutting neighbor. The pond itself is on the neighbor's property but a portion of the dam structure is on Emerald Hills property. As noted,.you have informed me that you believe this structure may be unsafe. Because the structure exists on two different tracts of land under ownership by two different entities, both should be notified if you are taking any action to abate a dangerous structure under the Building Code. As you are aware, if the structure is truly dangerous the City has authority to go in, do necessary work and tax bill the property owners provided that we go through the procedural requirements contained in the UBC, Dangerous Building Code. Based upon our conversations, I would suggest that you consider the following procedure: 1) Notify both Emerald Hills and �he actual owner of the pond: a) That the structure is unsafe, citing the appropriate Code sections and must be abated; b) Require as temporary that the pond be pumped down and remain at a low level until such time as the nuisance is abated; c) Review whether or not the nuisance should be abated by a repair or removal of the dam structure. From your description, it sounds as though a dispute will arise between the property owners as to which tact to take. The City's position should be that the safety Hall Reeves/Jerry Hauth, City of Edmonds Goodhope Pond February 10, 1986 - 2 problem should be corrected, and that may be accomplished by either repair of the stucture or removal of the structure. 2) If you feel uncomfortable oi- unable to make a finding and determination regarding the safety of the structure, I suggest you consider hiring a consulting engineer. Again, the abatement procedure will require testimony of the City regarding the safety of the structure, and we must be prepared to prove our case. I think it is important to have full factual information, both in the event of a hearing and because this matter may become a political question. I would assume that the Emerald Hills property owners will go to the Council to challenge City action rather than taking the steps necessry to correct the structure initially. 3) Therefore, I would suggest that you consider providing the City Council Community Services Committee with an outline of the problem at their next meeting. This should be done not to involve them in the process but to advise the Council of the situation before they begin to receive citizen complaints. The sooner this information gets to the Council the better. WSS/naa WSS/naa 0 4.. so� E AN -Gi 107. --p J'A 60 T 0 - -----24 lqj 1901-w-min PER MMOMMIN 11 c I_ Fm, . . . . . . li-37 C\I sv 4.0 "t. MID c cc r,4.lt.;�� s r. cr 2.1 :Y N 3 so 5 1050 W" z ISO 6 ILLS C3 R. -C C3 OT vt- `39' iZ L �:Q 'o."120 4 N:�';,J :,RA CT--�IWB REEMBeL.M. S T---]f-- 20 IB T H ElIL EDMONDS CITY COUNCIL AGENDA MEMO Item number: FILE originator: Robert J. Alberts For Action: x For Information: SUBJECT: AUTHORIZATION TO ACCEPT AND RECORD PROPOSED EASEMENTS FROM EMERALD HILLS HOME OWNERS ASSOCIATION AND SANDRA AVANESSIAN AGENDA TIME: Consent AGENDA DATE: Sept. 30, 1986 EXHIBITS ATTACHED: Proposed easements from Emerald Hills Home Owners Assoc. & Sandra Avanessian (adjoining property owner) earances: Dept./Indiv./Initials ADMIN SVCS/FINANCE CITY ATTORNEY CITY CLERK COMMUNITY SERVICES ENGINEERING PARKS & RECREATION PLANNING PUBLIC WORKS FIRE PERSONNEL POLICE COMMITTEE MAYOR COMMENTS: EXPENDITURE AMOUNT APPROPRIATION REQUIRED: $2,000 BUDGETED: $2,000 REQUIRED: $ N/A HISTORY AND SUMMARY STATEMENT: Last winter it was brought to City staff's attention that there was a dam on the easterly side of the Plat of Emerald Hills which was seeping. The dam was constructed some thirty years ago for a private pond which is fed by a small spring. A geotechnical investigation was performed which concluded the dam was not safe and did not meet current building codes. The owners were informed that the structure would need to be made safe or removed. Both these options could be expensive. The owner of the pond no longer wished to have a pond and, therefore, preferred removal or opening of the dam. Removal of the dam, however, was complicated by the fact that there is a City sanitary sewer pipeline in the dam. The City would have to go to the expense of lowering the pipeline if the dam was removed or opened. After several discussions with the owners, it was determined the best solution and least expensive to all parties involved, including the City, was to have the City install a culvert pipeline through the dam, which will continuously drain the pond and protect the City pipeline. The attached easements are for the new culvert and associated work.--Tl�e water/sewer maintenance fund (411) would pay for the culver"t pipe and installation. C -15 -o—n-ff Ta M a r c h Dt Ci*�r Clerk Dt ,.AUTHORIZATION TO ACCEPT AND RECORD PROPOSED EASEME14TS FROM EMERALD HILLS HOME OWNERS ASSOCIATION AND SANDRA AVANESSIAN (CONTINUED) RECOMMENDED ACTION: Accept and record the subject easements and authorize staff to install a culvert through the earthen dam. COUNCIL ACTION: UTILITY EASEMENT IN CONSIDERATION of benefits to accrue to the grantors herein, the undersigned, Frank H. Vitovich on behalf of Home Owners Association for Emerald Hills, hereby grants to the CITY OF EDMONDS, a Municipal Corporation, a permanent easement for the installation, operation and maintenance of a culvert over, across, through and below the following described property; and the further right to remove trees, bushes, undergrowth and other obstructions interfering with the location, construction and maintenance of said utility, together with the right of access to the easement at any time for the stated purposes. The easement hereby granted is located in the County of Snohomish, State of Washington, and is more particularly described as follows: A 20 foot strip of land that is 10 feet on each side of the pipe as it now exists or as located in the future in: The East 50 feet of the South 130 feet of the North 350 feet of the Northeast quarter of the Southeast quarter of Section 24, Township 27 North, Range 3 East, W.M. THE CITY agrees to restore to substantially the original condition such - improvements as are disturbed during the construction, maintenance and repair of said utility or utilities; provided the grantors, their heirs, or assigns shall not construct any permanent structure over, upon, or within the permanent easement. DATED this 15 —day of STATE OF WASHINGTON) COUNTY OF SNOHOMISH) On this day personally appeared before me 6#,c a�rz�ck and to me known to be the individual(s) described in and who executed the within and foregoing instrument, and acknowledged that signed the same as free and voluntary act and deed, for the uses and purposes therein mentioned. r�A_ AY OF j9y4NDER MY HAND AND OFFICIAL SEAL THIS D �ARY PUBLIC in and shington, residing 'for the State of at I I WHEN RECORDED RETURN TO: G a r t h N . B 0 r g h P e r k i n s C a 1 9 411 - 108th Avenue N.E., Suite 1800 Bellevue, WA 98004 Utility Easement FOR AND IN CONSIDERATION of benefits derived, the receipt and sufficiency of which is hereby acknowledged, Sandra G. Avanessian, as her sole property ("Grantor"), hereby conveys and quitclaims to City of Edmonds, a municipal corporation of the State of Washington ("Grantee"), for the purposes and on the terms and conditions hereinafter set forth, a perpetual nonexclusive easement over, under, along, through and across the following described real property (the "Property") situate in Snohomish County, Washington: A 20 foot strip of land that is 10 feet on each side of the -pipe as it now exists or as located in the future in: The , West 50 feet of Lot 6, Maplewood Hills, less the South 100 feet thereof, according to the plat thereof as recorded in Volume 10 of plats, page 120, records of Snohomish County, Washington. 1. Purpose. Grantee shall have the' right to use, operate, construct, repair, replace and maintain a culvert, with all necessary or convenient appurtenances thereto, over, under, along, through and across the Property for the purpose of drainage of impounded water together with the right of ingress to and egress from the Property for the foregoing purposes. 2. Grantor's Use of the Property. Grantor reserves the right to use the Property for any purposes not inconsistent with Grantee's rights under this Easement and subject to the terms and conditions hereof; provided, the Grantor shall not construct any permanent structure over, upon, or within the easement area. 3. Construction, Maintenance and Repair. Grantee shall, at its cost and expense, construct'a culvert, over, under, along, through and across the Property, in accordance with good engineering practice and utilizing a method calculated to accomplish the purpose of this Easement (i.e., the drainage of impounded water). Grantee shall at its own expense, make and do all necessary maintenance and repair of and to the Property made necessary by its use thereof. Grantee shall have the right to cut, remove, control the growth of or otherwise dispose of all brush, trees, or other vegetation existing upon the Property which, in the opinion of Grantee, could interfere with the exercise of Grantee's rights under this Easement. Grantee shall, at its own expense, restore the Property to substantially its original condition if the Property is disturbed during the construction, maintenance or repair of the facility contemplated by this Easement. 4. Successors and Assigns. The rights and obligations of the parties hereto shall inure to the benefit and be binding upon the respective successors and assigns. DATED this ,L7 day of 1986. Sandr6 -'G. Avanessian STATE OF WASHINGTON ) ss. COUNTY OF SNOHOMISH On this day of 1986, before me, a Notary Plublic in and for the State of Washington, duly commissioned and sworn, personally appeared Sandra G. Avanessian, to me known to be the individual who executed the within and foregoing instrument, and acknowledged the said instrument to be her free and voluntary act and deed, for the uses and purposes therein mentioned. GIVEN UNDER my hand and official seal the day and year in this certificate above written. 0 0 9 8 N NOTARY PUBLIC in and for the State of Washington, residing at C?�Z_ My Appointment Expires: 2- ro STREET FILE THESE MINUTES SUBJECT TO OCTOBER 7, 1986 APPROVAL EDMONDS CITY COU14CIL MINUTES SEPTEMBER 30, 1986 The regular meeting of the Edmonds City Council was called to order at 7:00 p.m. by Mayor Larry Naughten in the Plaza Meeting Room of the Edmonds Library. All present joined in the flag sa- lute. PRESENT Larry Naughten, Mayor John Nordquist Steve Dwyer Laura Hall Jo -Anne Jaech Bill Kasper Lloyd Ostrom Jack Wilson Tom Peterson, Student Rep. CONSENT AGENDA ';TAFF PRFUNT Mary Lou Block, Planning Div. Mgr. Bobby Mills, Pub. Wks. Supt. Bob Alberts, City Engineer Peter Hahn, Conin. Svc. Director Dan Prinz, Police Chief Jack Weinz, Fire Chief Chris Beckman, Engineering Coord. Scott Snyder, City Attorney Jackie Parrett, City Clerk Margaret Richards, Recorder Item (E) was removed from the Consent Agenda. Councilmember Hall inquired if a set of minutes from the recent past had been inadvertently not approved. City Clerk Jackie Parrett said she was not aware of any minutes that 'had not been approved but would investigate the matter. COUNCILMEMBER JAECH MOVED, SECONDED BY COUNCILMEMBER KASPER, TO APPROVE THE BALANCE OF THE CON- SENT AGENDA. MOTION CARRIED. The approved items on the Consent Agenda include the following: (A) ROLL CALL (B) APPROVAL OF MINUTES OF SEPTEMBER 15, 1986 (C) ADOPTED RESOLUTION 649 COMMENDING STUDENT REPRESENTATIVE NIGEL EULING (D) SET DATE ON OCTOBER 21, 1986 FOR HEARING ON HEARING EXAMINER RECOMMENDATION ON PETITION TO VACATE A PORTION OF UNDEVELOPED RIGHT-OF-WAY OF 81ST AVE. W., ADJACENT TO 8204'- 182NO PL. S.W. (ST-2-86/TOM SNYDER) (F) FINAL ACCEPTANCE OF WORK BY LAKEVUE CONSTRUCTION FOR 76TH W. AND MEADOWDALE BEACH RD. CULVERT, AND SET 30 DAY RETAINAGE PERIOD (G) APPROVAL OF SUPPLEMENT #1 TO TRAFFIC SIGNAL INTERCONNECT SYSTEM OPERATION AGREEMENT GM-1149 v- (H) FINAL ACCEPTANCE OF WORK BY UNITY ELECTRIC FOR WADE 'JAMES LIGHTING PROJECT ($7,907.25) AND SET 30 DAY RETAINAGE PERIOD (1) ACCEPTANCE OF QUITCLAIM DEED FROM STEPHEN AND JANICE NOFZIGER FOR STREET RIGHT-OF-WAY (J) REQUEST FOR CITY CONCURRENCE IN DEPARTMENT OF ECOLOGY ORDER TO CITY OF MOUNTLAKE TERRACE TO INSTALL AUXILIARY SEWER FORCE MAIN AND BACKUP POWER ,/AUTHORIZATION TO ACCEPT AND RECORD PROPOSED EASEMENTS FROM EMERALD HILLS HOMEOWNERS ASSOCIATTnN ANU 5ANURA AVANES51AN FOR EMERALD POND LITEM �E) ON THE CO Councilmember Hall said she would like to place Item (E) on a future agenda. COUNCILMEMBER HALL MOVED, SECONDED BY COUNCILMEMBER KASPER, TO PLACE ITEM (E) ON THE OCTOBER 14, 1986 AGENDA. MO- TION CARRIED. FiLE M E M 0 R A N D U M October 1, 1986 TO.' Bob Alberts, City Engineer FROM: Jerry Hauth, Hydraulics Engineer SUBJECT: EMERALD HILLS POND The Emerald Hills Pond is located at the top of a drainage to the west. The contributing area for this subbasin lies westerly of Maplewood Drive and is bounded by Main Street on the south and Sierra Street on the north. The basin area is 15 - 20 acres. (For the purpose of calculations, the larger area was used.) This pond does not function as a detention pond. For each drop of water that flows into the pond, an equal amount of water is displaced and flows out of the pond. The only detention capability of this pond is when the volume of water coming into the pond exceeds the capacity of the existing discharge pipes. During this time, the water in the pond can only increase in depth by 3 112" before it will start to spill over the top of the dam. This limited amount of "freeboard" was referred to (in the geotechnical evaluation the City had prepared), as significant enough to warrant remedial action. In order to use the existing pond as a detention pond, the first step would be the installation of a culvert through the existing earthen barrier. It is essential that the pond be allowed to drain totally between rainfall events. A weir or an orifice can then be installed at some later date in order to accomplish the necessary detention of the runoff. These metering devices have overflows that assure that an acceptable amount of freeboard is maintained at all times. This pond is in the Shell Creek drainage basin, so we will have the Engineering consultant's evaluations of this, together with their recommendations. They will be reviewing it in conjunction with the overall "Big Picture" of Shell Creek. JWH/st m4rch Dt PONDMEMO/TXTST530 I 0 V IV194 ReAS W S CITY OF EDMONDS 250 5th AVE. N. - EDMONDS, WASHINGTON 98020 - (206) 771-3202 COMMUNITY SERVICES February 20th, 1986 Landau Associates, Inc. Post Office Box 694 Edmonds, Washington 98020 RE: Goodhope Pond LARRY S. NAUGHTEN MAYOR PETER E. HAHN DIRECTOR In reference to the January 22nd, 1986 letter this is to authorize you to proceed with an evaluation of the "Goodhope Pond." In conjunction with this evaluation it would be most helpful for property owners to have some idea as to the economic feasibility of retaining the dam. If you need additional authorization or if you have any questions please call the Building Division at 771-3202. �A 04 R.Q A&Nt�-- Harold Reeves Building Official HR:jlg PUBLIC WORKS 0 PLANNING 0 PARKS AND RECREATION 0 ENGINEERING 0 vj'i Ole CITY OF EDMONDS LARRY S. NAUGHTEN MAYOR 250 5th AVE. N. - EDMONDS, WASHINGTON 98020 - (206) 771-3202 BuiLDING DIVISION DATE: Julv 2nd, 1985 X771Y-- 15WIt I;VV140-1 TO: Rainier National Bari]: Trust Department Post Office Box C-34029 Seattle., Washington 98124 SUBJECT: Goodhope Pond TRANSMITTING: Engineering Memo FOR YOUR APPROVAL: FOR YOUR FILE: AS YOU REQUESTED: FOR YOUR INFORMATION: COMMENT AND RETURN: REVIEW AND COMMENT: FOR CORRECTIONS AND RE -SUBMITTAL: EBD 11/83 - - INX COMMENTS: BUILDING DIVISION 1��Z/jeannine L. GraP775 Permit Coordinator 0 MEMO TO: HAL. REEVES VIA: JAMES ADA u�--~~— FROM: JERRY HAUTH JUNE 5, 1985 SUBJECT: GOODHOPE POND On May 30, 1985, I spoke with Mr. Frank Vitcovich about a potential problem at the subject pond. Upon investigation, I found an existing earth dam with a volume of water (approximately equal to a swimming pool) impounded behind it. The existing outfall pipe was above the surface of the water, so there was no water flowing through the pipe. There was water flowing through the ground at the toe of the earth dam. In addition, the toe of the dam was moist in most areas. My concern is the possibility that the interface between the native material and the fill that was placed to construct the dam may become lubricated and fail. This would result in a large volume of water being spilled at the top of a residential area, with the potential for great loss. I have attached maps of the area and the ownership as shown on the tax roll. If you need further assistance, let me know. 1 MEMO TO HA VIA: JAMES ADAynA4 FROM: JERRY HAUTH JUNE 5, 1985 SUBJECT: GOODHOPE POND On May 30, 1985, I spoke with Mr. Frank Vitcovich about a potential problem at the subject pond. Upon investigation, I found an existing earth dam with a volume of water (approximately equal to' a swimming pool) impounded behind it. The existing outfall pipe was above the surface of the water, so there was no water flowing through the pipe. There was water flowing through . the ground at the toe of the earth dam. In addition, the toe of the dam was moist in most areas. My concern is the possibility that the interface between the native material and the fill that was placed to construct the dam may become lubricated and fail. This would result in a large volume of water being spilled at the top of a residential area, with the potential for great loss' I have attached maps of the area and the ownership as shown on the tax roll. If you need further assistance, let me know. 1 0 0 Jerry Hauth, P.E. Engineering Department City of Edmonds 250 Fifth Avenue North Edmonds, Washington 98020 Dear Jerry,. Re: Little Goodhope Pond Emerald Hills 20505 Maplewood Drive Edmonds'. Washington 98020 February 4, 1986 ID 016 vo?MA to, This is to inform you that having pumped for a'number of days the water l6vel of the pond is down and there is no longer any pressure on the dam. An automatic pump, checked regularly by competent professionals, will preclude ponding until a permanent solution is implemented. The drain pipe that I claimed was there is now exposed, supporting the theory that the "percolation" seen through the dam is occurring where the outflow end of this pipe has been covered by Emerald Hills landscapers. I have consulted a qualified engineer, who inspected the area now that both sides of the dam are exposed. He indicated that only minor work would be required to retain the dam and that the benefits of the detention pond warrant that approach. All but one or two of the board members of the Emerald Hills Home- owners' Association have been involved in the discussions of the past few days, and a joint solution seems plausible. From on -site observation it is obvious that over fifty per cent of the embarkment or fill is on Emerald Hills property. According to the section of the Uniform Building Code that you quoted in your January 29, 1986,'letter to Rainier'Bank, "the owner'of the property upon which the . . . fill is located . . . shall . . . repair or eliminate . . . the hazard and be in conformance with the requirements of this code." I presume the City has also asked Emerald Hills homeowners to correct their violation. I would be willing to work with the Emerald Hills homeowners and with the City in having plans drawn up and in implementing them, but not beyond my share of the responsibility. Please send me a copy of the report submitted by Bill Evans of Landau Associates. Sandra G�. 2nessian c.: Hal Reeves 0 0 CITY OF EDMONDS 250 5th AVE. N. - EDMONDS. WASHINGTON 98020 - (206) 771-3202 COMMUNITY SERVICES May lst, 1986 Emerald Hills Association c/o Mr. Frank Vitcovich 236 12th Avenue North Edmonds, Washing -ton 98020 Sandra Avanessian 20505 Maplewood Drive Edmonds, Washington 980.20 RE: Goodhope-Pond Emerald Hills LARRY S. NAUGHTEN MAYOR PETER E. HAHN DIRECTOR In response to a citizen's complaint, the City Building Division has conducted an investigation of the "Goodhope Pond". Enclosed is a copy of a March 25th, 1986 report from Landau Associates which details the current problems. Chapter 70 of the Uniform Building Code, as adopted by the City, states..."when existing excavation or embankment or fill on property has become a hazard to life and limb, or endangers property, or adversely affects the safety, use or stability of a public way or drainage channel, the owner of the property upon which the excavation or fill is located, or other person or agent in control of said property, upon receipt of notice in writing from the Building Official shall ... repair or eliminate ... the hazard and be in conformance with the requirements of this code." We are asking that within 30 days date of this letter, you file application for the appropriate permits accompanied by plans based on a report from your Engineer, detailing how the pond and embankment are. to be removed or repaired. Failing to do so will result in the matter being referred to the office of the City Attorney. �,-A CLAO-12-cl Harold Reeves Building Official cc: City Attorney Enclosure PUBLIC WORKS 0 PLANNING 0 PARKS AND RECREATION 0 ENGINEERING 0 M=W: Cw"te Item 1, 2, 3, and 4. Add your aftess in the "RETURN TO" space on rever". (CONSULT POSTMASTER FOR FK") I. I%e foUming swice is requested (check me). 11 Sbow to whom wW date deflvered .................... —0 Q Show to whmn, date, and address of dchvary Z 11 REgMWFED DMIVP-RY (The reMkIed dekwvyjbe is chaiVd in a&t,"v to the return mce*f-xj TUTAL A 3, A R T ri U- A W5 �'l @K 5 T Mr. Frank Vitcovitch 236 12th Ave. N. WA 98020 —Edmonds, 4. TYPE OF SMVCC,: W"'"E Ni R El REGISTEM tWW,,V )U CERTIFIED Oe!) P3 F19942776 ElEXPRESS MA& (Always obtain 9 am or agent) I have received the ;rticle described above. StGNATUM 11 Addrw= A *A�_ iTle 5. QWF DEE u V 0 MAPIK 7. UNABLE TO MUM BWAUM 7a. IM > 13 r-A CD czj CD U, < 2__ 00 CC Lu Q > ::c CC r CC 4-3 LL C 4-3 z C\j uj U3 E; S_ CY) ------- �:r LL- C\j Lu .4 CL ui c 0 0. 0 16) *�/j nl� 0 0 I LAN DAu, Assoc IATES. INC. RECEIVED GEOTECHNICAL ENGINEERING AND HYDROLOGY P.O. BOX 694 JAIN 2 3 1986 EDMONDS. WASHINGTON 98020 - ENGINEERING (206) 778-0907 22 January 1986 City of Edmonds 250 Fifth Ave. N. Edmonds, WA 98020 Attention: Mr. Jerry Hauth PROPOSAL . PRELIMINARY EVALUATION EMERALD HILLS DAM EDMONDS, WASHINGTON In accordance with your request, we are pleased to present this proposal to provide a preliminary geotechnical evaluation at a small dam in Emerald Hillsf Edmonds, Washington. Mr. Bill Evans of our firm accompanied Mr. Hauth on a brief visit to the dam on 15 January 1986. The dam is located within a small ravine approximately 200 feet east of about the 9200 block of Highl.and Drive. We under- stand that the dam is located on the boundary of land owned by the Emerald Hills Property Association and land managed by Rainier Trust. Reportedly the dam was constructed about 35 years ago. Fill thickness at the center of the dam is estimated at 6 feet; its top width is estimated at 6 to 8 feet. The'dam has a top length of approximately 100 feet. A 6-foot chain link fence' runs along the crest of the dam and separates the two properties. The outlet structure consists of a. single concrete pipe approximately 6- to 8-inches inside diameter. A second pipe is reported, but was not observed during the brief visit. Under' "average" conditions the dam has approximately 1 foot of free- board. At the present time there is no emergency overflow structure. The outlet pipe discharges at the toe of the dam near the center of the ravine. South of this discharge point there is a wet area at the toe of the embankment fill which appears to remain saturated on a year-round basis. To the north of the discharge point there are two areas that have, or are, undergoing loss of soil due to piping. Based on our brief site visit to support the preparation of this proposal, the dam appears to be deficient in several aspects, including: 1) inadequat e freeboard; 2) no emergency overflow structure; 3) no trash rack or floating trash barrier; 4) inadequate top width; 5) lack of maintenance; and 6) steep side slopes. To provide preliminary conclusions and recommenda- tions concerning these issues (and others as discovered), we propose to accomplish the following scope of services: 0 measure existing slope angles 0 Excavate a series of shallow test holes (using hand e quipment) to investigate dam construction materials 0 Identify and measure the outlet pipe and available freeboard 0 Measure water depth using chest waders (± 4-1/21 maximum) 0 Photograph and document existing site conditions 0 Provide a letter report of our preliminary findings I 2 In support of these activities, we anticipate that the City will arrange for site access. our report will include prelim-, inary conclusions and recommendations and suggestions for additional study for rehabilitation. We propose to provide our services on a time and expense basis in accordance with the attached Compensation Schedule and General Conditions. We estimate that our fee for a preliminary evaluation will be about $1500. We expect to complete the preliminary evaluation within about three weeks following writt . en authorization to proceed. We appreciate the opportunity to submit this proposal and look forward to.providing engineering services. Should you have any questions, please contact us. RGF-WDE/sg attachment Respectfully submitted, LANDAU ASSOCIATES, INC. By: Robert G. Fulton, P.E. and ,,/, 0 L4, William D. Evans, CPGS 3 1986 COMPENSATION SCHEDULE A. Personnel Hourly Rate Principal Engineer/Geologist/Hydrogeologist $75 Associate Engineer/Geol.ogist/Hydrogeologist $60 Senior Engineer/Geologist/Hydrogeologist $55 Senior Environmental Planner $47 Project Engifiee.r/Geol.ogist/Hydrogeologist $47 Staff Enginee r/Geologist/Hydrogeologist $41 Technical Illustrator/Technic ian/Librarian $30 Word Processing (including equipment) $30 Support Staff $22 Expert testimony in court, arbitration, $110 or public hearings B Equipment Field, laboratory, and office e'quipment used in the direct performance of authorized work is billed at unit rates. A rate schedule will be provided on request. C. Transportation Use of vehicle for field work - $10/per half day. Mileage - Twenty-five cents (.25) per mile.. D. Subcontractor Services and other Expenses One hundred and fifteen percent (115%) of the actual billing of subcontractors and all other expenses incurred in the direct performance of authorized work. E. A new Compensation Schedule is issued at the beginning of each year. Unless other arrangements are made, charges for all work, including. continuing projects. initiated in the previous year, will be based on the latest Compensation Schedule. LANDAU ASSOCIATES GENERAL CONDITIONS CLIENT FURNISHED INFORMATION The client is responsible to provide, by map or drawing, a description of the property, its location, and the location of any buried utilities or struc- tures. The client is responsible to advise us of any requirements for entry or work permits, security clearances, licenses, or any other required permis- sions which we will then obtain. If the property is not owned by the client, the client shall obtain right -of -entry for the purpose of our work. SAMPLE RETENTION Due to storage cost.and'limited*storage life of samples, samples will be discarded 30 days after testing is complete unless other arrangements are made. PROFESSIONAL LIABILITY AND LIMITATION THEREOF Landau Associates warrants'that our services are performed, within the limits prescribed by our Clients, with the usual thoroughness and competence of the engineering profession. No other warranty or representation, either expressed or implied, is included or intended in our proposals, contracts or reports. However, should we or any of our employees fail to adhere to the stan- dards described above in the performance of professional services or breach any expressed or implied warranty, the maximum aggregate amount of your recovery against us and/or said employees shall,be limited to $5,000.00 or to the amount of the fee paid us for professional services, whichever is greater. In the event the Client makes a claim against Landau Associates, at law or otherwise, for any alleged error, omission or other act arising out of the performance of our professional services, and the Client fails to prove such claim, then the Client shall pa ' y all costs incurred by Landau Associates in defending itself against the claim. The client is responsible to review our reports and recommendations and appropriately use the information and recommendations and to not disregard or deviate from same without written notice to Landau Associates itemizing all changes. We are available by arrangement to review your plans, or your con- struction plans and specifications, but such review shall only be for compli- ance with our findings and recommendations, unless other arrangements are made. BILLING Statements will be issued every four weeks, payable within 30 days. Interest of 1 1/2% per month (but not exceeding the maximum rate allow- able by law) will be payable on any amounts not paid within 30 days, payment thereafter to be applied first to accrued interest and then to the principal. unpaid amount. Any attorney's fees or other costs incurred in collecting any delinquent amount shall be paid by the Client. If the Client requests termination of the work prior to completion, we reserve the right to complete such analyses and records as are necessary to place our files in order, and when considered by us necessary to protect our professional reputation, to complete a report on the work performed to date. The charge for such work shall include all reasonable expenses and the time of Landau Associates personnel based on current rates. Rates are subject to change upon notification. 9 0 Jerry Hauth, P.E. Engineering Department City of Edmonds 250 Fifth Avenue North Edmonds, Washington 98020 Dear.Jerry, Re: Little Goodhope Pond Emerald Hills 20505 Maplewood Drive Edmonds., Washington 98020 February 4., 1986 This is to inform you that having pumped for a number of days the water li�vel of the pond is down and there is no longer any pressure on the dam. An automatic pump, check(A regularly by competent professionals, will preclude ponding until a perranent solution is implemented. The drain pipe that I claimed was there is now exposed, supporting the theory that the "percolation" seen through the dam is oc*curring where the outflow end of this pipe has been coverpd by Emerald Hills landscapers. I have consulted a qualified engineer, who inspected the area now that both sides of the dam are exposed. He indicated that only minor work would be required to retain the dam and that the benefits of the detention pond warrant that approach. . All but one or two of the board members of the Emerald Hills Home- owners' Association have been involved in the discussions of the past few days, and a joint sclution seem= plausible. From on -site observation it is obvious that over fifty per cent oil" -the -edlbarkmerit or fill is on Emerald Hills property. According to the section of the Uniform Building Code that you quoted in your January 29, 1986,'Ietter to Rainier Bank "the owner of the property upon which the . . . fill is located shall . . . repair or eliminate . . . the hazard and be in conformance' with the requirements of this code." I presume the City has also asked Emerald Hills homeowners to correct their violation. I would be willing to work with the Emerald Hills homeowners and with the City in having plans drawn up and in implementing them, but not beyond my share of the responsibility. Please send me a copy of the report submitted by Bill Evans of Landau Associates. BUILDING Sandra G. Afranessian c.: Hal Rpeves FEB 10 1986 0 0 CITY OF EDMONDS LARRY S. NAUGHTEN 250 5th AVE. N. - EDMONDS, WASHINGTON 98020 * (206) 771-3202 MAYOR COMMUNITY SERVICES PETER E. HAHN DIRECTOR January 29th, 1986 Rainier Bank Capital Management Division Post Office Box C34029 Seattle, Washington 98124 ATTN: Rav Green RE: Goodhope Pond Emerald Hills It has ccme to the attention of the Building and Engineering Divisions, as a result o-f a citizens conplaint, that the dam for the "Goodhope Pond" appears to be deficient in several aspects including, 1) inadequate freeboard; 2) no emergency overflow structure; 3) no trash rack or floating trash barrier; 4) inadequate top width; 5) lack of maintenance; and 6) steep side slopes. Chapter 70 of the Uniform Building Code Section 7004 states, "...when e-xisting excavation or embankment or fill on private property has becon-e a hazard to life and limb, or endangers property, or adversely affects the safety, use or stability of a public way or drainage channel, the owner of the property upon which the excavation or fill in located, or other person or agent in control of said property, upon receipt of notice in writing from the building official shall ... repair or eliminate ... the hazard and be in conformance with the requirements of this code." We are asking that you voluntary take action to correct this apparent violation of the Uniform Building Code. ce- -- /05�w/ .23,6 I ti X PUBLIC WORKS PLANNING & PARKS AND RECREATION 0 ENGINEERING Prior to beginning any work the City must have a plan prepared by a licensed Engineer for review and approval. Please contact Jerry Hauth in the Engineering DepartTent within 10 days date of this letter regarding your intentions on this matter or the matter will be referred to the City Attorney for legal action. J4 - PMAe� Hal Reeves Building Official HR: j lg I W(LoqSTAF-t-"I -30TA !�g- L�7 AO-)l � 1) -A NV--d A LAQ JV (D-Z 0 0 E La 0 0 Jerry Hauth, P.E. Engineering Department City of Edmonds 250 Fifth Avenue North Edmonds, Washington 98020 Dear Jerry.. Re:.Little Goodhope Pond Emerald Hills 20505 Maplewood Drive. Edmonds, Washington 98020 February 4, 1986 This is to inform you that having pumped for a number of days the water level of the pond is down and there is no longer any pressure on the dam. An automatic pump, checked regularly by competent professionals, will preclude ponding until a permanent solution is implemented. The drain pipe that I claimed was there is now exposed, supporting the theory that the "percolation" seen through the dam is occurring where the outflow end of this pipe has been covered by Emerald Hills landscapers. I have consulted a qualified engineer, who inspected the area now that both sides of the dam are exposed. He indicated that only minor work would be required to retain the dam and that the benefits of the detention pond warrant that approach. All but one or two of the board members of the Emerald Hills Home- owners' Association have been involved in the discussions of the past few days, and a joint solution seems plausible. From on -site observation it is obvious that over fifty per cent of the e'iubarkmerit or fill is on Emerald Hills property. According to the section of the Uniform Building Code that you quoted in your January 29, 1986,*letter to Rainier Bank, "the owner of the property upon which the . . . fill is located . . . shall . . . repair or eliminate . . . the hazard and be in conformance with the requirements of this code." I presume the City has also asked Emerald Hills homeowners to correct their violation. I would be willing to work with the Emerald Hills homeowners and with the City in having plans drawn up and in implementing them, but not beyond my share of the responsibility. Please send me a copy of the report submitted by Bill Evans of Landau Associates. 7 BUILDING Sandra G.2,,nerss;lia�n C. : Hal Reeves FEB 10 1986 '1 0 0 BUILDINC JUL 2 11986 20505 Maplewood Drive Edmonds, Washington 98020 july 18, 1986 Harold Reeves Building Official City of Edmonds 250 Fifth Avenue North Edmonds, Washington 98020 Re: Emerald Hills Dam/Goodhope Pond Dear Mr. Reeves: There is a pond on my property formed by an earthen dam that was built in the early 1950's- The dam runs lengthwise along the property line, so that roughly half of the fill lies on my property and half on Emerald Hills open space. Recently some residents downstream have been concerned about the stability of the dam. The City has shared that con- cern and engaged Landau Associates to conduct a soil study. Since acquiring the property in February and in response to ulti- mata from the City, I have been pumping the water into the drainage pipe in order to lower the water level. I have also tried to work with the Emerald Hills Homeowners Association and with the City to find a permanent solution to what is perceived to be a problem. I ordered and have received a Topographical Survey from Chenoweth and Associates, and I have retained Fujiki and Associates for engineering expertise. Review of the Topographical Survey, a copy of a portion of which is attached, plus other research and discussions with the engineers, have led me to a number of realizations: 1. In 1968 the City acquired a five foot wide easement on my side of the property line, running the entire length of the dam and beyond, for the purpose of installing and maintaining a sewer line, part of L.I.D. 161. 2. In 1969 the City excavated in the dam, installing the sewer line. After installing the line the City rebuilt the dam. The fill used around the sewer line may have been chosen for its suit- ability for its use with sewer lines, rather than its suitability for damming purposes. In any case, the excavation and/or the type of fill used may have disrupted the dike construction to cause subsequent leakage. Reeves July 18, 1986 page 2 3.. The invert at the manhole at the lower (southern) end of the sewer line is higher than the bottom of the pond. Removal of the dam and regrading of the area for drainage, a plan that has received good reaction from the city representatives with whom I have discussed it, would expose the sewer line. Further, the engineers have indicated that there is a minimum requisite cover over sewer lines. I feel that the City, being the last to excavate the dam, having created a circumstance that precludes the dam's removal, and holding an easement for maintenance. of the sewer line within the dam, is the most appropriate party to acknowledge responsibility for the dam. Also, because the City undoubtedly also has an easement for the por- tion of the dam that lies in Emerald Hills, it is in a unique. position in being able to oversee maintenance of the entire dam. (As indicated in the Landau report, recent plantings by Emerald Hills in the face of the dam threaten the integrity of the dam.) I also feel that stabilizing the dam is the most reasonable solu- tion to any problems in the area. The pond is a visual asset to at least three homes as well as being home to catfish and a number of ducks, a lunch spot for a heron, and, as a detention pond, a function- ing part of the storm drainage system. I intend to cooperate with the City in resolving this matter, including allowing reasonable access across my property to the dam for personnel and equipment. But my good intentions should not be understood to be an acceptance of any responsibility for the costs involved. In fact, I feel the City should reimburse me for costs al- ready incurred for pumping, for the Topographical Survey, for engineer- ing costs, and for legal fees. I would gladly sell the topographical drawings to the City at my cost. I shall expect to hear from you promptly. I shall continue to keep the water level pumped down for another thirty days, and then, if nothing further is being done to alleviate.the situation, I shall stop pumping and let the pond return to its normal condition. Sincerely, Sandra G. Avanessian cc. Larry S. Naughten, Mayor Jerry Hauth, Hydraulics Engineer Enclosure Ul 'tco 10 Cv #'I tlXbO N tG" dd VIZIPT -13 2MAMWA (-)a a r,4 ocl -CA, r VQ, ..... Itci XOd6dtf 69 N E C4 0 z Add in th. pyvlo." :,RESTRI CTED DEEIVE Q'Airevrictid eiyeyf;iisli*6,ged.-&&fi.- 'T TAL. IV WA, .- 4:;*TYPE OF-'SEFMC ARTICLumubmEn, CIER 3,1- 9-94-2-76 4*,' EX d escnbiid J. 'Q AMMESS., BiLi 1 g Div. P, 3191. 9.4 2 it 4 RECEIPT FOR CERTIFIEDWAIL NO INSURANCE COVERAGE PROVIDED — NOT FOR INTERNATIONAL MAIL (See Reverse) SENTTO Mr. Ray Green. STREET AND NO. P.O. Box C34029 P.O., STATE AND ZIP CODE Seattle, WA, 98124 POSTAGE CERTIFIED FEE SPECIAL DELIVERY RESTRICTED DELIVERY SHOWTOWHOMAND DATE DELIVERED SHOW TO WHOM. DATE. AND ADDRESS OF DELIVERY SHOW TO WHOM AND DATE 2 DELIVERED WITH RESTRICTED DELIVERY CD u SHOW TO WHOM: DATE AND ADDRESS OF DELIVERY WITH RESTRICTED DELIVERY TOTAL POSTAGE AND FEES POSTMARK OR DATE 0 LANDAu AsSOCIATES. INC. GEOTECHNICAL ENGINEERING AND HYDROLOGY P.O. BOX 694 EDMONDS. WASHINGTON 98020 (206) 778-0907 City of Edmonds 250 Fifth Ave. N. Edmonds, WA 98020 Attention: Mr. Jerry Hauth .PRELIMINARY GEOTECHNICAL EVALUATION EMERALD HILLS DAM EDMONDS, WASHINGTON STREET FILE 25 March 1986 INTRODUCTION This report summarizes our observations and conclusions developed as a result of our preliminary geot6chnical inves�iga- tion at the above noted site. we understand that the dam, which was reportedly constructed by Dr. Goodhope approximately 35 years ago, is of concern to the City of Edmonds and several prope.rty owners in the Emerald Hills neighborhood. Mr. Jerry Hauth (City of Edmonds) and Mr. William Evans (Landau Associates, Inc.) made a brief site visit to the dam on 15 January 1986. Based on this site visit, Landau Associates presented the City with a proposal dated 22 January 1986 for a preliminary geotechnical study. written authorization for our study was provided in a 20 February 1986 letter from Mr. Harold Reeves, Building Official for the City o f Edmonds. 1 7 7� -7 SITE CONDITIONS Site conditions were investigated by a geologist from our office on 26 February 1986. The investigation included a field survey and the excavation of 4 hand -dug test holes. Many of the observed site features and the locations of the explorations are identified on the Site Plan (Figure 1) and cross -sections A -A' and B-B' (Figure 2). Logs of the test holes are presented in Table 1. 0 The dam is located within a small ravine approximately 200 feet east of the 1200 block of Highland Drive in Edmonds, Washington. We understand that the dam is located partly on land owned by the Emerald Hills Property Association and partly on land managed by Rainier Trust. A 6-foot chain link fence runs along the crest of the dam embankment at or near the property boundary. The north -south trending dam impounds a small body of water to the east; this pond is locally referred to as the Goodhope Pond. At the time of our investigation, the water level of the pond was drawn down (by pumping) to a depth of. about 1.5 f eet. Normal maximum pool depth is approximately 5.5 feet. 0 The dam is approximately 95 feet in length and 8 feet in height (vertical distance from lowest point in the dam profile to the top of fill at the centerline). The top width at the narrowest point (and lowest elevation) is approximately 12 feet. 2 • A 0.22-foot internal diameter (ID) iron pipe and 0.62-foot ID concrete pipe provide drainage from the pond. The con- crete pipe discharges at the toe of the embankment. The outlet of the iron pipe is not visible; however, an area characterized by seepage and local slumping just north of the concrete pipe discharge is (or was) the probable outlet. There are no trash racks for either of the two discharge pipes. • T: he vertical distance between the top of the concrete pipe to the crest of the dam is approximately 0.3 feet. This provides for very little "freeboard" between the crest of the dam and the water surface in the pond. • Sideslopes along the western dam face average approximately 2.5:1 (horizontal to vertical). Slopes along the eastern dam face average approximately 1.5:1, and locally are as steep as 0.7:1. • The predominant soil material encountered within our test holes is a gravelly sand and silt mixture, with some de- caying wood. The material is moist to wet and generally loose (soft). • Wet soil and marsh grass are present at the toe of the em- bankment fill along the west side of the dam. The approxi- mate limits of this wet area are identified on Figure 1. 3 0 Residences located at 1201 and 1215 Highland Drive appear to be directly in the path of water and debris that would be released by a failure of the dam. Homes and property that would be affected to a lesser extent by a failure include 1200 and 1223 Highland Drive, and several homes along 12th Place North. CONCLUSIONS When floods occur in an unobstructed channel, it is event for which no individual or generally considered a natural group assumes responsibility. However, when a barrier is placed across a channel, it becomes the responsibility of the owner to make certain that hazards to downstream interests are not appreciably increased. Based on this generally accepted principal, we present the following conclusions and recommend tions. 0 The measured freeboard (0.3 feet above the top of pipe and 1.0 feet above the pipe invent) may not prevent overtopping of the dam during high runoff periods, especially if the discharge pipes plug with debris. In our opinion, the threat of overtopping and erosion (and subsequent failure) of the dam core is significant enough to warrant remedial action. 0 The advanced corrosion of the exposed section of the iron drain pipe (and the absence of pipe at the probable outlet) suggests similar corrosion of the buried section. Local slumping along the downstream face of the embankment may be associated with water introduced to the core of the dam from 4 the buried section of the iron pipe. Introduction of water to the core of the dam must be kept to a minimum. other- wise, internal erosion of the core (soil piping) may result in eventual failure. 0 Even though the pond had been pumped down, we observed water flowing from the c6ncrete drain pipe. This suggests that water is being introduced into the pipe somewhere along the buried length, increasing the potential for soil piping and eventual dam failure. 0 The test holes indicate that the embankment fill on both the upstream and downstream sides of the dam is loose (soft) and moist to very wet. This suggests that the dam was not properly compacted during initial construction and that internal drainage . is not sufficient to prevent saturation of dam core materials. 0 in general, side slopes of 3:1 (horizontal to vertical) on the upstream face and 2:1 on the downstream face are appro- priate for a non -engineered earth fill embankment of this size. * For an engineered structure, steeper sideslopes are sometimes used. Slopes on bo,th faces of the existing embankment are greater than the above values. As a result, the existing dam may not be in compliance with present State requirements. Based on State of Washington Department of Ecology Minimum design criteria for earth -fill water storage dams in' Washington. 5 0 This preliminary investigation has not included engineering analyses of the factor of safety related to stability of the dam. Such analyses is relatively costly due to -the need to est ablish soil strength parameters and water pressure within the dam. The observed low -strength saturated soil con- ditions and moderately steep upstream and downstream slopes of the dam indicate that such analyses is warranted if the dam is to remain in service. In our opinion, it is likely that such analysis would lead to the conclusion that the embankment should be reinforced. 0 Recently planted trees and shrubs on the dam should be removed. During growing years, root penetration into the dam core will loosen the soil. when the trees or shrubs eventually die, the roots rot and the resulting void space can provide avenues for water migration. We trust that this preliminary letter report meets your present needs. If you have any questions, please do not hesitate to call. Respectfully submitted, LANjj> `6 I 0j WASyj / -_ LANDAU ASSOCIATES, INC. 10 By: N N N %\ A,� /� L aJ Henry G. Landau, Ph.D., P.E. and W, William D. Evans, CPGS HGL-WDE/sg No. 74-01 2 EMERALD HILLSPAM North 9 20 ft. .4 Pond Level 40 :,—Pond Level on 2-26-86 GOODHOPE POND 6�B BI -4 (�—Inlet to Iron Pipe Seep Area, Possible I. Iron Pipe Dischar 80 TH &e 1� ?��H-2 TH-4-� % Inlet to Concrete Overflow % TH-3 % Pipe 100 Wet Area 100 Top of f6. Embankment -120 \ Manhole I 140 160 SCALE: 1" 20' (Approx.) LANDAU ASSOCIATES, INC. S I T E P L A N Figure 2! A A Fence z 0 > C TH-3 TH- 1 > W I I TH-4 —L�- Normal Pond Level U) H-_ 2 TH-2 0 soil Topsoil p -Pond Level 2-26-86 Sandy Silt . . . . . . . . . . . . . . M CO z 0 Fence BI 0 0 W Normal Pond Level 0 2: Sandy Silt En CL CID SCALE: ill 101 (Approx.) TABLE 1 SOIL TEST ROLE LOGS Depth USC * (Feet) Symbol Test Hole TH-1 0-0.2 SP Gravelly sand (very loose)(fill) 0.2-1.0 ML Gray -brown sandy SILT with gravel and clay (moist) (soft)(fill) 1.0-2.5 ML Brown sandy SILT with gravel and clay; contains abundant rotting wood fragments (wet) (soft)(fill) No free water encountered. Depth USC (Feet) Symbol Test Hole TH-2 0-0.2 organic -rich ooze (material from bottom of pond, sample site below normal water level) 0.2-2.3 CL/ML Brown silty CLAY grading to gray gravelly sandy SILT with clay (wet) (soft)(probably fill) Water encountered at 0.6-0.8 feet. Depth usc (Feet) Symbol Test Hole TH-3 0-0.8 ML Brown sandy SILT with gravel (topsoil); some decaying organic debris (moist) (soft)(fill) 0.8-2.5 ML Tannish brown gravelly sandy SILT; cobbles mark transition from topsoil to underlying silt (moist) (soft)(fill) No free water encountered. Unified Soil Classification System symbol A 31 lid TABLE I (cont'd Depth USC (Feet) Symbol Test Hole TH-4 0-2.0 ML Brown sandy SILT (topsoil) wit h moderate amount of decaying plant material (soft) (moist)(fill) 2.0-3.0 ML Gray -brown sandy SILT with clay; cobbles at transition from topsoil to underlying.SILT (wet) (soft)(fill) No free water encountered. e nt> L)v ALLEN J. HENDRICKS JULIE A. SEVENICH JOHN F. SEGELBAUM WALTER 0. PEALE. III 0 0 HENDRICKS, SEVENICH, SEGE.L13AUM AND PEALE, ATTORNEYS AT LAW 402 5TH AVENUE SOUTH EDMONDS, WASHINGTON 98020 May 12, 1986 Ms. Sandra Avanessian 20505 Maplewood Drive Edmonds, Washington 98020 Re: Goodhope Pond Dear Ms. Avanessian: BUILD -INS MAY 1.4 198*6 0 YA I am an attorney representinq the Emerald Hills Home owners Associa-tion.,�.My client has contacted me reqarding the above -referenced matter and the City of Edmonds concerns related to the pond. it is mv understandinq that you have done some preliminary research related to the problem with the Goodhope Pond, and in fact have had it inspected by an enqineer. it is further my understanding that you met with a group of the homeowners in Emerald Hills to discuss the matter, and at that time you made a proposal for the repair of the dam. By this letter I am inquiring as to the following: 1. Who is the engineer you had inspect the pond? 2. Was an engineering study done? 3. Was a proposal prepared by your engineer detailing how the pond could be repaired? 4. What was the proposal you previously discussed with the homeowners you met with? 5. What are your current plans regarding the the pond? I want to assure you that it is the Homeowners Associations' desire to work with you in resolvinq this 775-5551 775-5552 Ms. Avanessian May 12, 1986 .page 2 matter. I am requesting that you provide the above requested information to me, in writing, at your soonest convenience so that information can be presented to the Board of Directors of the Association. I am also requesting that you direct any questions or concerns you might have to me, rather than to the individual homeowners so we can resolve this in an orderly manner and avoid any unnessary confusion resulting from misunderstandings between and among neighbors. Please remember that no individual homeowner has authority to act on behalf of the Homeowners Association. It is my understanding that the pond was put in in 1935 by your father, obviously long before the existence of Emerald Hills. I am further advised that there is some question where the property line is, as well as questions relating to who put the fence up and who authorized the fill in the location of the pond. My clients acknowleged that the pond creates a real and present problem and we want to be cooperative in resolving this matter, however, by this letter, we are not assuming any financial responsibility for the repair or removal of the pond. If you will respond, in writing, to our request for information within the next few days, we will be able to present your proposal to the Homeowners' Board of Directors. It is our sincere hope that we can work through this efficiently and amicably to reach an appropriate and satisfactory resolution for everyone. Please call me if you have any questions or concerns. Very truly yours S ICAS, VE C SEGELBAUM AND PEALE 7Ju'eA. ni JO/pb cc Harold Reeves Building official City of Edmonds 250 5th Avenue North Edmonds, Washington 98020 Frank Vitcovich, President Emerald Hills Homeowners Association Board of Directors c/o Frank Vitcovich Julie A. Sevenich 20505 Maplewood Drive Edmonds, Washington 98020 May 15, 1986 BUILDINN Hendricks, Sevenich, Segelbaum and Peale MAY 2 11986 402 Fifth Avenue South Edmonds, Washington 98020 Re: Goodhope Pond Dear Ms. Sevenich: Thank you for expressing your and your clients' desire to cooperate in resolving our mutual problem. In the interest of clarity, we are not addressing the repair or removal of the pond, but the repair or removal of the dam, which extends on both sides of the property boundary. Once the dam problem is resolved, the pond issue will disappear on its own. Further, repair of the dam is out of the question, even if the Emerald Hills Home Owners Association were to assume its share of the cost and potential liability, because I absolutely refuse to accept any part of the responsibility for a structure the standards for which are apparently purely a matter of individual whim. We could satisfy Landau and Associates this year and three years from now face a different set of interpretations of state guidelines by another soils or engineering firm. Proving a negative (i.e. that the dam will not fail) is essentially impossible until the end of time. ("See, I told you it wouldn't fail.") And the City is unlikely to wait that long. Sevenich May 15, 1986 page 2 . It is my understanding that, simply put, the problem is fill, which allows water from natural runoff and other sources to pond behind it. There is some fill on my property which the City wants me to stabilize or remove, and there is some fill on your clients' property which the City wants them to stabilize or remove. If I were to remove the fill from my property while they left the fill on their property, the fill on their property would slump and fall onto my property. And of course the reverse is also true. The sensible solution is for both of us to remove our own portion of the fill simultaneously. The most efficient move�would be to use one engineer and one excavator. Possibly the City would let us proceed on one permit. I have indeed spoken to many people who have experience with earthen dams, and I feel I can have an engineer draw up plans, acceptable to the City, for removal of the fill and regrading of the area so that the area will drain without ponding. I would be willing to invest my time in procuring plans at a minimal cost, and I would allow access to your clients' portion of the fill through my property, and I would allow dumping of their fill on my property, if the work were done according to a plan acceptable to me and if the Emerald Hills Home Owners Association would pay for the plans, the excavation, repair of the fence, permits, and all other costs of the project in proportion to the amount of fill on their property, this proportion to be determined by the engineer drawing up the plans. It is my intention to cooperate with the City to the fullest, and to effect, with City approval and as quickly as possible, a safe, stable, aesthetic, and economical solution. If we cannot devise a joint solution, I intend to submit a plan to the City for removal of the fill on my property. Sevenich May 15, 1986 page 3 Finally, I resent your request that I not communicate with any individual Emerald Hills home owners, and I intend not to grant it. I believe that my contact with members of tile Board of Directors 'gave 811 of,us a better understanding of each other, both as neigh- lbors 'and as people with a problem to solve. I will continue to do whatever I,feel,will contribute to better understanding and coopera- tion regarding this issue or any other. Sincerely, --- 4 A Y, Sandra G. Avdfiessian cc Harold Reeves Frank Vitcovich Robert Lockyer, D.D.S. Richard Ekman Darrol K. Haug Burns Tallman Laura Vorthman Joe Gasparavich 20505 Maplewood Drive Edmonds, Washington 98020 May 20, 1986 Harold Reeves Building Official City of Edmonds 250 Fifth Avenue North Edmonds, Washington 98020 Re: Emerald Hills Dam/Goodhope Pond Dear Mr. Reeves: BUILDI" MAY 2 11969 I am sending you a copy of the letter I have sent to the attorney for the Emerald Hills Home Owners Association. In it I propose a plan to arrange for the removal of the dam. I intend to move on the problem as quickly as possible, since I find the current situation untenable. In order to speed things up, I have contacted a land surveyor to do the topographical work, which will be necessary no matter how we proceed. I would be very pleased if the Emerald Hills group and I could have a permit application ready by the end of the month, but I know that that is completely unrealistic. I will try to keep things moving as quickly as possible, and as I suggest in my letter to Ms. Sevenich, if progress with Emerald Hills mires down I will submit an application for dealing with the fill on my property. In the meantime, I hope you will reconsider the benefits of the dam to the City. I am wondering whether the storm System downstream will handle runoff from large storms. Once the dam is removed, its Reeves May 20, 1986 page 2 detention benefits are lost forever. Sincerely, 1--5;Ae C Sandra G. Ava ?essian 0 Q. CITY OF EDMONOS 250 5th AVE. N. - EDMONDS, WASHINGTON 98020 - (206) 771-3202 COMMUNITY SERVICES August 12, 1986 Mrs. Sandra G. Avanessian 20505 Maplewood Drive Edmonds, WA 98020 Dear Mrs. Avanessian: LARRY S. NAUGHTEN MAYOR RE: Emerald Hills Dam/Goodhope Pond PETER E. HAHN DIRECTOR This is in reply to your July 18, 1986, letter to.Hal Reeves. You raise a number of valid issues which deserve careful consideration and reply. We can all agree that the dam appears to have some benefits to more than one party: Emerald Hills; you; perhaps other neighbors. You imply that the City may have some responsibility for the condition of the dam because of a sewer line that was constructed in 1969, seventeen years ago. You carefully use the word "may" in assigning this responsibility, and you are prudent in doing so. It would be very difficult to prove that action taken as long ago as 1969 is responsible for the deterioration and the conditions that have been observed in 1986. The mere fact that the City has constructed a facility through the dam, and maintained the five foot easement in no way constitutes a comprehensive responsibility for any subsequent conditions. Each case must be investigated carefully for cause and effect. For example, a break in the sewer line, and a substantial leak would be expected to contribute to a deteriorated condition. I have no evidence at this time that a sewer line rupture and leak have in fact occurred either recently or at any*time since 1969. It is the City's position, however, that we are willing to consider a variety of alternatives in conjunction with the affected property owners. If supported by facts and conclusive engineering analysis, this may even include some financial participation. I am proposing that representatives of the City, of the Emerald Hills Homeowners Association, and you meet in person to discuss the results of the investigations and potential solutions of the problems in this structure. PUBLIC WORKS PLANNING PARKS AND RECREATION ENGINEERING Mrs. Avanessian -- pg. 2 I will have -staff from the Engineering Division telephone you the week of August 18 to set up such a meeting at your convenience. I hope that through a direct meeting and a frank discussion we can begin solving the problem. Since ely, Peter Hahn CC. Mayor Naughten Bob Alberts Jerry Hauth City Attorney ,�Hal Reeves" Emerald Hills Homeowners Association GOODHOPE/TXTPEH61 STREET vi FILE !A 0,,Vb k, 1) , E . -7 U V- 7t7,1 -1 -7 IT - A q 6 r ec-"Als L1.8g. P. I F, SO z V (A 1c. Lu LL ui cc 3+5 a2-1 FT, ........... /Vv, lb4o Oil . I . . . . . . . . o' 0 Ll C'3 -d c, T, -4 b-v z Qz� - VED-W C/) m m �n nT s J13 19 n, 35 so�IQ IT IV La E A!,;'- L� X, A 'k tl A �joAol 7, 4" 2C 4", 7- TA., 60 ;�' 'a M_' I" 2 3 .67 X C\j 'EWO D ..kl Aql7 15Y tV '*'!) 'A 4 ST. sr ADS 5 0* 21 0 in zi 4 G -N C. 5 10 90 So ZAf 8 A "24 BE. X CL _j ls'� 4zo HILLS ISO U) VN7,.' C I 41' a r 4 0 c A I 2 6-r'Y H lit E�E -S Y. "tZ 7" 1, lio Izo r -IRA C-T--*­-�,?-13 40 .7 ST L CA STREET FIILE. :5 lzo, or Kt 3 s;o If Ltojl3 --Z — iT— Ln Okim MR �T f LF U- r 'IN '13 Q LINK Fr4NCI9 SO F, I E ,/I LLJ LL LU ui cc f__ CO . ?-A 41 L.L,5. 5.00 m 89 * 5z, 18" E _--34o A A- POWD (-Tuew- FL.O�rL jL"340.4, b. 2 .22 7 u ;4)3 X — — 7-,-. ell. 335 ( 11 PPI�o - Flqc�P- LiNe, . . . . . .............. ........ . . I SArw M4 bp 3 1,7. Z 5­ Sm— m-4 MW P.,m 3f.0 7z l"v. 355:87- m STREET FILE COUNCIL DISCUSSION OF MEBr BOARD Councilmember Kasper reported that the MEBr Board is currently comprised of the City Attorney., Administrative Services Director, Personnel Manager, and two employee representatives. Both*the City Attorney and the Personnel Manager find it necessary on occasion to abstain from voting because of their prior knowledge of an issue. In some cases, this has resulted in a decision; being rendered by three members instead of five. Councilmember Kasper said the Council should consider whether the City Attorney should be removed as a voting member and whether the number of people on the MEBT Board should be expanded to in- sure a broa ' d representation of all classes of people. He suggested that additional members could be considered from Fire Civil Service, Police Civil Service, Community Service, Administrative Services, and the Personnel Manager. City Attorney Scott Snyder said the two civil service representati.ves are elected positions, and the three remaining positions are appointed by the Mayor. Mayor Naughten inquired if representatives are appointed in accordance with the bylaws. Mr. Snyder said the Mayor is free in his discretion as to whom he appoints. Councilmember Kasper noted that 'the majority of representatives are from the Fire and Police Departments. He recommended that the Public Works and Community Services Departments also be represented. Councilmember Hall said because the City Attorney has had to abstain from voting on issues be- cause of his prior knowledge, he should be removed from the Board. She concurred that broader representation was desirable. Mr. Sn yder noted' that employees, by vote, control two positions; the remaining three management positions are controlled by the Mayor. Councilmember Wilson inquired if Councilmember Kasper desired that persons be- elected from Commu- nity Services and Public Works, which would expand the Board to seven members. Councilmember Kasper said perhaps the Personnel Manager and City Attorney should not. serve on the Board. He said a broader representation should be considered. Councilmember Dwyer questioned if expansion of the membership was desirable. He said the ratio of elected members to appointed members was a wise split. He said he would like the employees to vote on the issue before the Council takes..action. Councilmember Kasper said the primary issue before the Council was that several members abstained from voting on more than one occasion. Mayor Naughten inquired if there are bylaws to , the MEBT that have to be changed in order to recon- stitute the Board. Mr. Snyder replied affirmatively. Councilmember Ostrom inquired if the issue could be investigated and then a recommendation submit- ted to the Council in the future. Mr. Snyder said the Board has already -made a report on another issue. He suggested that the two issues be addressed at a November work meeting. The meeting recessed at 8:47 p.m. and reconvened at 8:52 p.m. COUNCIL DISCUSSION ON SALE OF SURPLUS PROPERTY AT 200TIl S.W. AND 84TH W. COUNCILMEMBER NORDOIJIST MOVED, SECONOED BY COUNCILMFMBER JAECII, TO AUTHORIZE THE CITY ATTORNEY AND TICUR TITLE COMPANY TO COI-114EIlCE LEGAL ACTION TO CLEAR THE TITLE MORE DEFINITELY. MOTION CARRIED. DISCUSSION ON EMERALD PONO City Engineer Bob Alberts reported that at the September 30, 1986 Council meeting, the approval of the easement for a drain culvert was pulled front the consent agenda and placed on the October 14, 1986 Council meeting a(jenda. EDMONDS CITY COUNCIL MINUTES Page 7 OCTOBER 14, M6 Last Winter it was brought to Staff's attention that there was a dam on the easterly side of the Plat of Emerald Hills which was seeping. The dam was constructed approximately thirty years ago for a private beauty pond which is fed by a small spring. A geotechnical investigation was performed which concluded that the dam was not safe and did not meet current building Codes. The owners were informed that the structure would need to be made safe or removed. Both options could be expensive. The owner of the pond no longer wished to have a pond and, therefore, pre- ferred removal or opening the dam. Removal of the dam, however, was complicated by the fact that there is a City sanitary. sewer pipeline in the dam. The City would have to go to the expense of lowering the pipeline if the dam was -removed or opened. After several. discussions with the owners, it was determined that the best solution and least expensive to all parties involved, including the City, was to install a culvert pipeline through the dam by the City, which would continuously drain the pond and protect the City pipeline. The Water/Sewer Maintenance Fund would pay for the culvert pipe and installation. The installation of the culvert will not affect the drainage in the area. The granting of the easements will allow for the construction and maintenance of the new culvert pipe only. The easements will not allow the public or local home owners' association the use of the pond area.- Councilmember Kasper inqu-ired if -the City would be increasing potential liability. Mr. Alberts replied negatively. Councilmember Hai I asked what would happen to the pond. Mr. Alberts said it will grow up with vegetation after the culvert is installed. Councilmember Kasper inquired if water will remain in the pond. Mr. Alberts said it will pond very little. COUNCILMEMBER MOROQUIST MOVED, SECONDED BY COUNCILMEMBER KASPER, TO ACCEPT AND RECORD THE SUBJECT EASEMENTS AND AUTHORIZE STAFF TO INSTALL A CULVERT THROUGH THE EARTHEN DAM. MOTION CARRIED. MAYOR! Mayor Naughten noted that Keno's Pizza and the North. * China Restaurant have applied for -liquor licenses. Mayor Naughten said if no objection was noted, he would -recommend approval of the applications. No objec.tion was noted. Mayor Plaughten announced that the Association of Snohomish County Cities & Towns will be holding its monthly meeting on October 23, .1986 at the China Passage Restaurant in Mountlake Terrace. He recommended that the Council attend. COUNCIL V1_ Council President Hall said the discussion on October 11 regarding secondary sewer treatment was very interesting. Councilmember Ostrom said he felt the Council should ga ther more information regarding privatization versus conventional financing for secondary sewer treatment; Councilmembpr Kasper suggested that the City -solicit RFP's for both conventional and privatization. Mayor Naughten said the City must proceed into the design phase in order to be eligible for the 501 grant from the State, which is approximately $2,000,000. The City, lie said, would still have the option of put -suing privatization. Cotincilmember Jaech inquired about the developme ' nt in Tacoma. Community Services Director Peter Hahn noted that Counc i Imember Jaech was referring to the article on Harry Wardel. Mr. Wardel, he said, met with City Staff, the Treatment Plant Supervisor, Public Works Superinten- dent Bobby Mills, City Engineer Bob Alberts, Mayor Naughl.en, and himself to discuss privatization. He said a comprehensive analysis will be forthcoming in the near future. Council Pr9sident Hall suggested that the Council further disciiss secondary sewer treatment on November 10, 1986. Councilinember Ostrom suggested that art analysis similar to the information in the Lynnwood proposal be conducted. ED14ONDS CITY COUNCIL MINUTES Page 8 OCTOBER 14, 1986 e LID V -3 P. - SEO 10 19176 U T I L I T Y E A- S E M t:N T Public wort(a blept., IN CONSIDERATION OF BENEFITS TO ACCRUE TO THE GRANTORS HEREIN, THE UNDERSIGNED, El len -J. Goodhono AND ;EREBY GRANT TO THE CITY OF EDIt-ONDS, A MUNICIPAL CORPORATION, A PERMANENT EASEMENT FOR THE INSTALLATION, OPERATION, AND MAINTENANCE OF S OL VE R, AC RO S S, TH RO AU(G-H C-AP4 ABZE0Lr_OW T HE FO L L OW- ING DESCRIBED PROPERTY, AND THE FURTHER RIGHT TO, REMOVE TREES, BUSHES, UNDERGROWTH AND OTHER 0 ' BSTRUCTION ' 5 INTERFERING WITH THE LOCATION, CONSTRUCTI-ON AND MAINTENANCE OF SAID UTILITY OR UTILITIES. THE EASEMENT AND RIGHT-OF-WAY HEREBY GRANTED IS LOCATED IN THE COUNTY OF SNOHOMISH 'STATE OF�1.-/ASHINGTONI AND IS MORE PARTICULARLY DESCRIBED AS FOLLOWS: The following described portion -of land lying within Lot 6; Maplewood Hills, Less the south 100 feet thereof, together with the south 88.12 feet of Lot 7, Map I ewood H I I I s accord i ng to the p I at thereof as recorded 1 n Volume 10 . of pla ts, page 120, Records of Snohomish County,.. Wash! ngton. The west 5 feet of Lot 6 ' less the south 100 feet and the west feet of thd.south 88.12 feet of Lot 7, together with the following: Beginn,ing at a point on the west line of said . Lot 6, distance thereon of'100-feet north of the southwest corner; -thence easterly parallel to the south I.ine of Lot 6, a distance of 100 feet; thence northwesterly Un a straight line to a point 6n*the"west line of Lot 6,.distance thereon of 145 feet North of the,southwest corner of Lot 6;' thence south along said west line 45 feet to the True Point of.Beginning. NO SAL!:S TAXA' R EC! U I Irm, E D - FE13 2 0 19S9 " A Z v- V 0, ty V THE CITY AGREES TO RESTORE TO SUBSTANTIALLY THE ORIGINAL CONDITION SUCH 114- PROVEMENTS AS ARE DISTURBED DURING THE CONSTRUCTION, MAINTENANCE AND REPAIR OF SAID UTIL17Y OR..UTILI.TIES; PROVIDED, THE GRANTORS, THEIR HEIRS OR ASSIGNS SHAL L NOT CON- ..STRUCT ANY PERMANENT STRUCTURE OVER, UPON OR WliHIN THE-PrRMANENT EASEMENT. DATED THIS DAY OF M 19 QC CO) tztn-, C3 C:j �x �. M I — ::; Uj C_j C� STATE OF WASHINGfON) SS C2 (D COUNTY OFSneho.—*5�) L7 C11 ;::= ILA > C:: ON THIS DAYPERSONALLY APPEARED 8EP'ORE�ME A110 --TO ME KNOWN TO 0 THE INDI VIOU DESCRIBED IN AND WHO EXECUTED THE WIT HIN AND. FOREGOING INSTRUMENT., AND ACKNOWLEDGED I THAT SIdNED.THE SAME AS He_r- FREE AND VOLUNTAR Y ACT AND DEED, FOR THE USES AND PURPOSES THEREIN -MENTIONED. GIVEN under my hand and official seal this A r—d day of 1968. WASHI -�T (�p A' I A, OFFICIAL RECORDS -4v VOL . ICAUJIL FAUJOU THE 5TATE OF L rrp-04 . '-- � CITY OF EDMON'DS PUBLIC WORKS DEPARTMENT TO: SUSPENSE DATE- Uj LU cz DIRECTOR Investigate and Report ADMINISTRATIVE SECRETARY Take Appropriate BUILDING MAINT. FOREMAN Action Prepare for my signature EQUIPMENT RENTAL FOREMAN PARK DEPARTMENT SUPT. For Information STREET DEPARTMENT SUPT. Previously Ref'd TREATMENT PLANT SUPT. Status of Action? Return to. FROM: DATE: The City off.dmonds APPLICATION for SEDE SEWER PERMT NEW CONSTRUCTION El . REPAIRS OWNER .................. L9 /9 ADDREssae��-..../ *-.A 7- ................. ....... ........ LJLJ __j Lj- LLJ Lli CD EASEAMNT No . .......................................... CONTRACTOR 144-e PERMIT No....4 ..................................... .... .................. LEGAL DESCRIPTION: LOT N...4.t ..... ....................... BIA),CK,,No . .......................... \�� e .,,�l � r a 3� ' - HS NAME OF ADDITION 4 ..... ............ ........... . ....................... . ........................... M A P L jl--- w 6 o d DI? 10 APPROVEE) Approved: Ju �k' 1969 .......... DATE ................................................ By� ...................... ......... c- .................... CITY OF EDMONDS Call PRospect 6-1107 when work CIV11C CENTER — WATER-SEWFER DEPARTMENT is ready for inspection. (No Inxpee- SIDESEWER PERMIT How ftturday, Sunday or holidays.) N2 3354 ADDRESS ................ 20505 !�cjp� 994-- Drive ....................... - --------------- ................................... ..................................................... ------------------ OVIWER— ----------------------- --------------------- CONTRACTOR ....... Lynnwood --- Sewers .......................... ..................... .. ....... ..... Pernlission is granted ---------------- Ju4 ... 2-0 ---------- 19..A9, for ------------------------ days to REPAIR or CONNECT a side sewer with City Sewers in accordance with application on file and governing ordinances. ATTENTION IS CALLED TO THE FOLLOWING: NOTE No. I —The owners of the property may obtain a permit to eanstruet sewer inside property line. A licensed Side Sewer Contractor must be employed to construct side sewer in street area. Do not cover any portion of sewer before it has been inspected. NOTE No. 2--Obtain full Information regarding Ordinance 11.16.030 and Regulations governing side sewers when you get permit. NOTE No. 3—Top of side sewer must have at least 30 inches coverage at property line and 12 inches inside property line; minimum grade of 2%. No bends in grade sharper than % will be permitted. NOTE No. 4—Trenches in street must be water settled and surface of street restored to original condition. Contractors shall be responsible for failure due to improper work which may develop within one year of completion. 19- — No. 5--It to unlawful to alter or do any other work than is provided for in the permit, or to do any work on the main sewer or its appur- tenances except to insert the Pipe Into the wye.