24105 78TH PL W.PDFlill 11111111
6727
24105 78TH PL W
I
Tour Northwest renewables utility invites you to be a Conservation Sensation.
Pu�y�c upwTY-DI I STRiCT N 0. 1
STREET FILE
April 17, 2013
City of Edmonds
121 Sth Ave'N
Edmonds, WA 98020
RE� Expansion of Play.Area at Mafty Ballinger Park
1306'mnce. is rYiade to TEMPORARY LIMITED USE PERMIT NO. 614-T, dated July 2011, a c6-py of which
is attached;
As of the date of signature by B. James Clay, Manager, Real Estate Services Department, the permit
authorized only.constructibricif a recreational trail (interurban Trail) to connect with Mathay Ballinger
Park. In a previous agreement in 1968 between City of Edmonds and Public U'tility District No; I of
Snohomish County, it was intended that a portion of1he PUD's Pacific Northwest Traction Company�
(PNT) Right -of -Way be made available to City, of Ed I monds for'park pur po . ses if - necess . a . ry. Presently, ar I i
existing play pad/structure appears to be located within the Right-ofm-Way.
Cfty of Edmonds has now requested permission to install a new play pad/structure that would extend
several feet further into the PNT Right -of -Way. As requ#ed in Paragra ph 14 of the, permit, any right. to
use the pre,n�ise.s beyond that specifically granted in the permit is not aut horized without written
consent of the District.
The previous agreement with City of Edmonds remains in effect today. :rherefore, thi.s letter serves as
-written consent of'tbe District permitting expansion of the rights granted to include installation of a new
.play/pad structure�, on the PNT Right -of -Way as proposed and depicted on the attached aerial photo.
-Construction of the�new facilities is sub to the terms of the TEMPORARY LIMITED USE PERMIT NO.
ject
614-T and may begin ;immediately.
Questions regarding this conse ntmay be,directed.to at 425-183-4M, or to Rogers W.- Reistad at
425-183-4.381
Sinc' helyj
w
w G. Cox,
And M ger
Real Estate Services Department
1802 - 75th.Stree( S.W. - Everett,WA- 98203 1 Ma,iling Address: P.O. Box 1107 -Everett, WA- 98206-1107
425-783-4300 - Toll -free in.)XIistern Washington at 1-877-783-1000, ext. 4300 - mw%vsnopud.corn
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4/ 3N
TEMPORARY LIMITED USE PERMIT NO.
(Special Conditions)
The PUBLIC UTILITY DISTRICT NO. I of SNOHOMISH COUNTY, Washington,
("District")-, a municipal corporation, does, herewith permit City of Edmonds, a
municipal corporation, ("Perm iffee"), to utilize for construction of a recreational trail
(Interurban Trail), the following described portion of the . District's: Pacific Northwest
Traction Company property:
That Ooftioh of the Pacific Northwest Tractio'h. Company Right -of -Way located
within the. southeast, quarter of Section il,'Township.27 North, Range 4 East, VV.
M.
.Situate in the County of Snohomish, State of Washington.
Tax Parcel No.:. �27 0431 004 03100
subject to the following conditions and, restrictions'
1' This permit may be canceled at a,ny time by written notice Mailed to the
Permittee at.the address of Permittee as hereinafter set forth', and upon such
cancellation, the. Permittee shall promptly remove from said premises and Will promptly
place said premises in the same condition as the same now are, or any such conditions
as may have been required by the District in accordarice with thle other provisions of
this permit.,
2. This permit it tubject to all of the existing uses, and;� ny future or subsequent
uses, of the District, and its pen-niftees,_Iicenseesi or grantees.
3, This'is a nonexclusiVe permit and shall not in any manner restrict the right.of:
the District to. use said. property for any purposes that it may deem proper or to permit
others to use said property for any purposes, and the District- shall not be obligated or
required to give notice of any kind ornature of such other b.radditional Uses whether by
itself Or others.
4. Peftnitteb is solely land directly responsible to the District for any damage,
injury, expense, loss, inconvenience, delay, suits�, actions, or claims of any character
brought because of any injuries or ' damage which may result from. carrying but the work,
to be done in:accordance with the provisions of this permit.
5. Fermittee agrees that as a condition to this permit, Permittee will take all
reasonable precaution to protect and preserve from damage, destruction or interference
the District's structures, related electrical facilities and access roads located upon the
above described property and should said District property be damaged, destroyed or
interfered with in any way by reason.of Permittee's use, of said -property; Permittee shall
immediately restore said property to its former condition at Permittee's expense.
Should it be necessary for the District to remedy any harmful or adverse conditions
resulting from , Permittee's use of said property under this permit, or to perform any of
the matters required of the Permittee which the PerTnittee has failed to do, Permittee
shall reimburse the District, for;611 dosts.so incurred by the District. Should any existing
drainage channels or culverts be disturbed by Permittee, it shall immediately provide
suitable means for diverting and maintaining all flows during the'term of this. permit.
Notwithstanding any of the other provisions herein contained Permittee shall not do or
perform any excavation or in any,manner,alter the -existing conditions without first
submitting his plans to the District and receiving thelapproval of the District thereof, and
Permittee will perform all excavation and.any restor ing of the premises as may be
required by the District in conformance with the requirements of the District.
The District may, at its discretion, provide for inspection and supervision of Permittee's
use of District property and the entire expense of such inspection �and supervision, in
such amounts and at such rates as the District customarily uses, shall.be borne by the
Permittee.
. 6. The Permittee shal , I not use said premises for any unlawful purposes, or"For
any purposes other than those stated herein, without the express written agreement of
the District, and Permittee accepts the premises in the present condition or in the
condition that the District or others may put the same into., and herewith specifically
agrees that the District, its agents, servants or employees, shall not in -any manner be
responsible for any damages of any kind or nature, caused the Permittee, its agents,
servants or employees, or caused to any property upon said premises, whether due to�
the negligence . of the District, its agents, servants or employees or otherwise. Any
costs incurred by Permittee or by the District by reasons of Permittee's use of.District
property (except for payment of taxes on income to the. District) shall be the solo
responsibility of the Permitted.
7. Permittee will not erect or permit to be erected upon said property any
structures or improvements of any kind or nature without written, approval of the District,
and in no event shall any activity upon said premises or any structures or improvements
thereon interfere with the District's facilities or in any manner be hazardous thereto. No
equipment or materials shall be stored upon District property without approval of the
District.
8. The 'Pe- rinittee agrees for itself, its heirs, successors or assigns that it will not
perform*,any blasting or discharge any explosives on the DistricVs property.
9. The Permittee does herewith assume all risk of loss, damage or injury which
may result from the presence of Permiffee's property or persons upon said real estate,
and waives any right of recovery for damage thereto.
10. Permittee does further agree to hold and save harmless the District -from and
against- any and all claims for damages, whether to Permittee's or District's employees,,
.or to their persons or property, or otherwise,. that may in,anyrrianner directly or
indirectly arise out of the con . stru6tion, operation, repairs, maintenance or patrolling of
the facilities pursuant t.o.,this permit or but of the operations of the Permittee,- its
successors or assigns pursu . ant to this permit.
11. The District shall not be held liable for any claims or damage to Permittee's
property., facilities or appurtenances constructed or placed upon District,property by
Permittee.
12. Permittee specifically and expressly waives any im mun
Insurance, Title 51, RCW, and acknowledges that.this waiver has
negotiated bV the pa rties.
13. The undersigned Permittee does herewith expres ' sly disclaim for itself ' its
.heirs successora or assigns, any fight, title or interest of any kind or nature in and to the
pr operty herein above described, except insofar as granted by this' permit, and subject
to the terms of this permit, and does further agree for itself its heirs, successors or
assigns, that it will not in: any way challenge or coIntest any ownership by the Disirict of
the property hereinabove described or any tight , of the Dist.ridt to exeCLIte and. grant -this
permit; provided, hoWe�Vef, this shall hot be construed as a warranty on the part of the
District of its ownership for said property and it is expressly agreed that this permit is
not in any manner a warranty on'the -part of the District that the- said Permitbee shall
have good, clean or marketable title to thisPermit or the, uses herein granted, orthat
the District is the owner of said pre' mises or that the District has the fight to grant this
permit, and the Pern-iittee does, expressly assume the responsibilit� for determining the
right of the District to
grant this permit or the extent of the rights validly granted to fhe Permittee hereunder
and agrees to defend, indemhi-fy;jnd hold harmless the District from any claims or
damages sought or recovered arising out of any defect.in the right of the District to
execut e t h is permit of 6ny defect in the rights acquired by thl� Permittee hereunder�
14. PefMittee shall be required- to carry Comprehensivb, Automobile an.d.Genera]
LiObilit I and Property Damage Insurance c6verinq the District's premise!§ as
y his use of'
required by the'District. in the: following limits -
a. Bodily,lnjury
(includin'g death)
b;. Property Damage
c. Combined Single Limit
1 �
d. General Aggregate
each person $1,000,000
each pers. n, $1,000000.
each person $1,000,000
$2,0001000
$2,000,00,00
When reference is made therbin, to - the Permittee's "use!'of the orerni-ses, such
reference shall include- use of the said premises, by the, Permittee, their employees,
agents, servants, guests, business invites or any of them or by any other persons using
or occupying the premises with the knowledge or consent of tfiq Permittee. . This shall
not be con.strued as e�pqncling any rights or �nyr,ight to use the premises beyonclAhat
specifical I ly granted iri any of the other paragraphs of the permit, or of permitting any
assignment without writtencofitent-ofthe District.
The District shall at all times during� the term of the permit be i h"cluded cis. a
named insured upon said policy with respect to the use of the District's property
-des . c " ribed herein by the Permittee.' Evidence of such. insurance or self-insurance,
shall be submitted to the District prior to Permittee's use ol"the,premses.
Pormittee 8hall:nbt cause such insurance to lapse or be canceled during its use of the
District's premises. Permittee shall'provide that such insurance shall include a clause
that the*insurance policy or policies. shall not be subject to cahcellati6P or reduction in
limits during such use until notice has been mailed to the District stating'the date when
such cancellation or reduction shall be effective which date� shal[ not be less than �61-
days after such notice., Certificates of insurance sha,11 be authenticated by the proper
officer of the i nsurer and, shall state in pa rticularthose ins dred, the extent- of fl, Ie
insurance, the location and operations to which the ins u rance applies, the expiration
date and the above -mentioned notice of canc-eilat ion clause.
15. See attached EXHIBIT'A'for additional terms and conditions.,
DATED THIS F�P-w d ay. o f 2,011
:13.74am Cla Jr.
411
Manager, Real Estate Services
Permittee hereb
y agrees, accepts and will. comply With all of,the terms, conditions
and restrictions contained in this permit.
.PERMITTEE:
By:
Addr6ss: /-2/ W-
Date: 7� /-� /,
(REPRESENTATIVE ACKNOWLEDGEMENT)
State, of Washington
County of Snoho mish-
I certify that I I<noW or , have satisfa,dtpry� evidence that - In / /-f ec, c,,-Elq
and signed this instrument, onoath stated that.
'(IL w s
she, they)(i a Were) authorized to. execute. the instrument and,
acknowledgeditasthe MqYo6__ and of
OP E'n faQ to be the free and voluntary act
of such party for the uses and purposes mentioned in the instrument.
Dated 7-/- //
Signature of
Notary Public
Title �btary Public
My -appointment expires . I/- 2-� 13
HPRESENTATIVE ACKH WLEDGEMENT):
State of Washlington
County of Snohomish
I certify that know or have satisfactory evidence that,X. L/
aj9d signed this instrument, on oath stated that
she, ihey)(Q__a5), were) authorized to execute t . he instrument and
ackn-owledged itas the Wka'm of
02y
to be the free and voluntary act
lop,
of sue
pa.. qt for the uses and purposes mentioned in the instrument.
(Se/l
(P PUR IQ
0
�5- . 30-2 - J014 01
AS
Dated ZY
Signature of
Notary Public
Title_.. NMani'Pub-lic
My appointment expires,
EXMIT "A"
There shall be no storage of equipinent, materials, vehicles, fuels, paints, solvents, oils,
pesticides, or other sources of contamination upon PTJD property, except.for fuel in non-lealdng
vehicles and eq ment. Therei shall be no dumping or disposal of any kind on the PUD
property. No fill - shall be imported to PUD property except fill known to be c lean, contaminant -
free, and -capable of supporting ve . hicles and structures to.b6 placed thereon.
Spills and leaks of gasoline, oil, hydraulic fluid., or other dangerous or hazardous substances,
pollutants or contaminants, shall be contained by the City'of its contractor within one (1) hour of
discovery, and shaH be,reported to the State of Waslagton, Department of Ec:ology, and to the
District, and cleanup initiated by the City or its contractor within 12 hours of discovery. Such
spills andleaks shall be� cleaned up to not less than the levels required by applicable law,,no
residual contaminants shall remain, requiring use of*"institutional control's'�.
The City's contractor may not work within 12' of the. PUD existing energized 1 1.5kV lines on the
District's PNT Right -;of -Way. Should,it become necessary to work.14side these lin-dts, the City
or its contractors shall contact the PUD -project leader, allowing adequate time to approve the
work and convene the,necessary PUD personnel and equipment to protect District facilities. The
City and its c6ntractdfs shall be responsible to maintain adequate support around utility poles if
grade is changed on PUD property, and to maintain adequate and, lawful. clearances beween its
equipment and/or trail and PUD electrical facilities. Unplanned or additional changes to PUD
facilities deemed necessary by the, PUD as a result of any site alterations constructed by the City
shall beat the City's sole expense.
All work by the City and its contractors shall be done in compliance with the District's
"ELECTRICAL SAFETY FOR CONTRACTORS" pamphlet, copies of which have been
provided to: City representatives.
PUD Project Leader:
Matt McReynolds
425-7833-5627 (Office phone)
425-344-0874 (Cell phone)
nlr-qiicreyfablds(cD,snoij,LLd.coii-i
PUD Alternate Conta6t:
Rogers W.Reistad
425-783-4j83 (Otfice�phbne)
425-231-70,44 (Cell,ph6ne)
rwreistadqsnopud.com
$Upt,�;. C)fll!
Met:,
Vf. ID. Domo,.-
6. kadolv
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Augisk..224, 196V
M'r
a;.- . id 1-�ovack
501 Fi_rst, Mational Bar.'K- Buiblizn��
Eve'rett, ".7a:371-lingto.4 93.,
Deazr Par'&-�er :
for -Por-don
Re: City of Eflmonds
pal-k purDoses
PINT
We no,.%, have thc. -and: ALInq coi�apl�;ted survey oil the
varioz,"s Innarcels helvolvcA in th-- Eid_rnond,-� h6re-
-z--iiii a by Reid, t,_ie,J".f le No. `3 S.
of p behz,, 8, C D and E
As I - L18vestod lm�t %-ve, . ek yo-u prob.21aly Should g_(A -16-6gelm-er v"vith -
t-'- dr - co e -i-!oudd both li.':-a to e--�--`rjedite
to-.mn_,y no.1-1o, as w
JLn Alur_
tl-A2 exchange, of propert-les, jv.s?t to revieYl ian, -imatter I thouglit. _1 %;,iould
V It jS C + -ed
a 12 a A e �.-ii 7, e the d-sPosi i
that ,-,,e wou:'Id e7,,-chanj�re pz�ii�cc:A B for j'x Wil ", t p -i,. at-e P,-ropcl ty,
O'�"!m.-Or of 1 A IVRII tl�c assista4-ftee of th'-_1 Cit, of Ed_-.,-_n �-fds. City
c, .1—M-rao--nds- woubd deecl us TxaI,�Z0.1,D; -we in Curn vrjould deed t.,;) 16,hc City
of chnonds parcel E-. I Upon. completion oi thbse transfersi vve would.
th,en eint,�..r JMj-,-) a.7.). to p�rrjjit Edn6-nd,-, to, uze.,parcels, A, C and
y ncl].At
D fo r 15�a r k- IJul �r 0 s e s This pe-1-i-nit would be re-,701�_ablrp� upon one year's
P
-non;As mn�l should c0fitaIn sor c to
notice by -he PUD to Ed.,t
state thal- c*uttlin, th hoald be
of treco, plac-Ligr of siructur-�-,�S and so fort S
don only .,lit'll 0,,ir wri,U;ell perinais�sio_n,
in tne tiratsfox- oifmrcel Ej Ywe sihdfild ieom.n�e an ctlsen7ient ri,�hl;
fo-r t!:2f,, purpose 6' plachig. distribzitioa 1-ine fcedcrs, frota ail evQrAu',,�-I
L C;� , . .. . .....
s . ubotation across parcel E wi:th the option 6f.placing then -I under r-P round,
fez:!Lsible.
*V1
A
Mr.. Parker VVilliaizas -2- August 22., 1968
Perhaps the stick-iest part of the Ihingg may be the need for
us to obtain froin Eearionds the p��rpetual right to build a substation on
the property shaded on the enclosed elrawing', �!hich includes 'not only
parcels A, C and D but also a portion of our existIng PNT ri',ght-of-way.
'Vie are corn-pelled to request a building permit from 11-111I.-Le City of Edmonds
whenewr we wish to build a,substa'tion, As an additional consideration
for all this eizchange of propertics-and the "ivinig, up of pa--rce- 1 E, which
has considerable value, we certainly must be assured that we'would be
granted a building perrait for a substatioh some ti3ane ha the future.
If you have any prolol"cri-is with this or w-isli any furtlher 0�--plana-
tion, pleas,e let me kno%ir.
Yours very -1--rul,
Y,
W. G. Flulbcrt T
, J r.
Mlanager.
A. E. Rotta.,
bcc: W. D. Dorway, Attn:.R/W Dept.
11,
Applicant shall repair/replace all damage to
utilities or frontage improvements in City
right-of-way per City standards that Is caused
I
or occurs during the permitted pr oJect.
CityofEdmonds
Building Departruent
A
"WI'ROVED FLA, N APPROVED BY PLANNING
L? L-�
APZPR72 ?EINEERING
a
7h-&
OWNER/CONTRACTOR IS RESPONSIBLE
FOR EROSION CONTROL AND DRAINAGE
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DEVELOPMENTSERVICES CTR.
STREET FILE CITY OF EDMONDS
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MAR 2 12013.
DEVELOPMENT SERVICES CTR.
CITY OF EDMONDS
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