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Dicks Drive-In Pre-App-Engr.pdfA"afflIZIN, PROPERTY NAME Dick's Drive -In 9111 l N> Illi 11, 101111111 DUMB "A'=� 1 1 l3 21 -, , I I I Emaih I _ pdengineerMgcom PRE -APP DATE December 16th 2010 - 2pm ENGINEERING REPRESENTATIVE Jeanie McConnell The following checklist is a reference to assist in preparing engineering drawings for a more complete building permit application. Additional information or review comments may be precipitated during the review of the application. Complete Civil drawings * City of Edmonds Standard Details and Edmonds Community Development Code (ECDC) are available online at www.ci.edrnonds.wq.US * Provide construction sequence and general notes — sample language attached. [Z] Drainage report 101 Drainage system shall be designed in accordance with ECDC 18.30 Storm Water Management and Exhibit "A" Storinwater Supplement. See comments under Storm Drainage below. Refer to and follow the requirements outlined in the ECDC 18.82 and handout E82. * Existing and proposed contours (2' or 5' intervals) * Grading plan and quantities of cut and fill. Include quantities for building foundation and provide bottom of footing elevations, [M] STORM DRAINAGE ® Chapter 18.30 ECDC Stormwater Management and Exhibit "A" Stormwater Supplement became effective June 1, 2010. The Code and Supplement are available on the City website — w�vw.ci.edmonds.wa.t.is — choose the City Government drop down; City Departments;, Public ltl� tqk' Works,; Engineering Division and then click on Stormwater Management. G The subject site qualifies as a Category 2 Small Site. Please: refer to the attached e-mail communication from Jerry Shuster, Stormwater Program Manager, for more specific on "\efl requirements. "�'W 'S @ The use of Low Impact Development techniques is recommended. a The storm drainage from the subject site outfalls to the Lake Ballinger watershed. Therefore, the pollution generating impervious area is subject to phosphorus treatment. S:IENGR�ADDRESS—FILES'Alpha4Hughway-99-21900tipre2Ol00015-Dicks Drive-hpre20100015-Dicks Drive -fn -El doc Page I of 8 Revised 611110 EL Footing drains, if rewired per the Building Cade or by the Geo -Tech shall cormect to outfall of detention system. * Provide RIM and invert elevations for all existing and proposed storm structures. Jerry Shuster is the City's Stormwater Engineer Program Manager. ,ferry can be reached by e-mail at shunt � �� .edrnonds. r .us or by phone at 425. 71.0220 x1323. SITE ACCESS Z Existing — Highway 99 access/chanrielization to be assessed by a traffic consultant and report submitted to the City for review. A site visit and initial review of the traffic flows by City staff indicates potential conflicts with vehicles in the south bound left turn lane and vehicles heading north bound attempting to turn left into the site. This left turn movement from north bound Highway 99 into the site may need to be restricted. A^ FRY TACE I P OVEME TS Z ]Existing Remove and replace existing sidewalk, curb & gutter currently failing or damaged during the course of construction, per !City standards and as required per City inspector Street Trees RM, , �:' �10' wide, "° re , cutouts sh l be ' x 3",11 d at the curb si le and have app oved AICA grates, Tlii� lcness of sidewalks, t 5e 5-112". Thickriess t d iye, y appy. ch i"altwb ,„G” [Z] PARKIN LOTS[PARKING GARAGES/OPEN GARAGES/OPENPARKING AREAS Z Above ground • Drive aisles for 2 -way traffic shall be 24 feet wide. • Thrive aisles for l -way traffic shall be a minimum of 12 feet wide. v/ 13' 6" vertical clearance required for Fire Department. • Please refer to Fig 19. 1, found in Title 1.8 of the GCDC for additional parking lot layout requirements specific to angled parking. • Must be able to shove/demonstrate all required full size (8.5' x 16.5') parking stalls can be obtained within the aggregate parking area. If this can, be demonstrated the ECDC will allow for up to 50% of the stalls to be reduced width (8' x 165). ✓ Parking layout between light post or other structures is measured from the inside and not the center of the structure. • Maximum parking lot slopes is 6%.. lIQ ELECTRICAL POWER SOURCE Show location of pad mx punted transformer, to be located on private property. a Underground. Wiring Requirements S:4ENGRkADDRESS-FILESLAnpha\Highway_99-219001pre20100015-Dicks Drive-V'ritpre20100015-Dicks Drive-In-El.doc Paget of 8 Revised 611110 [N] WATER SERVICE N City of Edmonds Customer — existing water main located on private property is owned and maintained by the City of Edmonds. • Water Connection Fee will be required for new services. • Cross Connection Control, City contact: Linda McMurphy — 425.771.0235 • Domestic ✓ Reduced Pressure Backflow Assembly in a hot box is required. City standard E7.11 ✓ Backside of water meter to be located at edge of easement or additional easement area shall be provided. • Irrigation ✓ Not shown on plans at this time. ✓ If installed, irrigation Sprinkler Permit to be obtained from Public Works. Contact Linda McMurphy at 425-771-0235. • Fire Protection — Not required per Fire Marshall • Fire hydrant not required. • 4" storz adapter required on existing hydrants. [N] SANITARY SEWER N City of Edmonds Customer— existing sewer main located on private property is owned and maintained by the property owner. • A cleanout is required at the connection to the existing 8" main. Cleanouts are also required at 90 -degree bends and at the outside of the building. Cl lamphole covers shall be installed when cleanouts fall within concrete or pavement surfaces. C®] RECYCLE/TRASH ENCLOSURE Allied via h 4C,, • City Contact: Recycling Coordinator Steve Fisher — 425.771.0235 • Refer to Handout E-37. • Gate shall be full swing, concrete pad required. • Enclosure to be accessible by garbage hauler. • NO UTILITIES (I.E. GAS METERS, POWER, ETC) SHALL BE PLACED WITHIN THE ENCLOSURE [N] EROSION CONTROL • Erosion and discharge of sediments and other pollutants into receiving waters during construction shall be prevented. • Developer is responsible for implementation and maintenance of erosion control measures. • ESC standard details shall be placed on drawing. [N] STAGING/LAYDOWN AREA • Show location of job site fencing, job trailer, materials storage, etc. [N] TRAFFIC CONTROL PLAN and HAUL ROUTE PLAN ]N] RIGHT-OF-WAY CONSTRUCTION PERMIT • A right-of-way construction permit is required for all work within the City right-of-way. S:IENGRLADDRESS_FII.ESrAIphalHighway_99-219001pre20100D15-Dicks Drive-Inlpre20100015-Dicks Drive-In-EUX Page 3 of 8 Revised 611110 ® Contractor is required to have an active state contractors license as well as City business license. [®] COST ESTIMATE, BONDING and 2.2% Inspection Fee; ® Provide an itemized estimate for both on-site and off-site (right-of-way) improvements, including traffic control. ® The amount of the bond will be based on 120% of the City approved estimate for the off-site improvements. ® The 2.2% inspection fee is based on 120% of the City approved estimate for the entire project improvements. [®] OTHER ® Easements — Water service line and/or fire hydrant easements may be required. NOTES: Storm, Water and Sewer maps are provided as a graphical representation of existing utilities. Actual utility locations are to be verified by the owner/applicant. SAE NGR1ADDRESS_MLESWpha1Highway-99-219001pre20100015-Dicks Ddve-1nlpre20100015-Dicks Drive-In-ElAoc Page 4 of 8 Revised 6/1110 Message McConnell, Jeanie From: Shuster, Jerry Sent: Wednesday, December 15, 2010 8:17 AM To. Laurie Pfarr (laurie@lpdengineering.com) Cc: Williams, Phil; English, Robert; McConnell, Jeanie Subject: Thoughts on Stormwater Requirements for Dicks Drive -In Restaurant Page 1 of 2 Hi Laurie, Since there is a chance I will not be able to attend the meeting on Thursday due to my court commitment, I'm sending you this e-mail with my thoughts on your most recent submittal. The Dick's site qualifies as a Category 2 Small Site in a Lake/Creek basin under our stormwater code/supplement (referred to as Edmonds stormwater regulations). As such, the site is must be evaluated for the applicability of Small Site Minimum Requirements (SSMR) #1 - #11. The applicability of SSMR#5 (on-site stormwater management), SSMR#6 (Water Quality), and SSMR#7 (Flow Control) are explained below. Please refer the stormwater regulations for information on the applicability of the other Scars. This development is fairly unique since it proposes a redevelopment on an existing site with an existing stormwater system. Based on the information you sent to the City, dated December 2, 2010, the Dick's development will have approximately 9,300 square feet of replaced impervious surface. Of this amount, it is hard to tell how much is considered pollution generating impervious surface (PIGS). If the site has 5,000 so or more of PCIS, SSMR#6, Runoff Treatment is required. Edmonds stormwater regulations encourage the use of Low Impact developmentlonsite stormwater management (SSMR#5) to mitigate for increased stormwater flows from development compared to pre -development conditions. If the developers use LID/Onsite BMPs, the regulations allow them to be designed for 90% of the tributary impervious area, instead of 100%. If SSMR# 5 is not used, 100 % of the impervious must be mitigated through SSMR#7, flow control (usually detention). This is our "version" of using an LID BMP such as rain garden to be exempt from flow control control requirements (We do not have the same 0.1 cfs Increase exemption as King County referred to in your submittal). have the construction drawings from the vault on the Top Food site. This vault was built to exceed the City's stormwater regulations that were in effect in 1991 when the Top Foods site was developed. Based on these construction drawings, this vault is equivalent to our current flow control requirements for Category 2 Small site in a lake/Creek basin using detention. Based on some "reverse engineering" (since we do not have the full drainage report from 1991) we have concluded that the vault can be used for SSMR#7 (Flow Control) for the 9,300 sf of replaced impervious surface proposed from the Dick's development, IF. it was built as shown in the design plans and, 1F: it has been properly maintained to function per that design (and Top Foods allows you to use it). I recommend a survey Qf the vault to verify the elevations, sizes, etc. of all of its components and compare this to the design drawings. I can provide you with a copy of the drawing if you need them. Regarding SSMR#6, Runoff Treatment. Your submitted information did not include a discussion of this requirement. The replaced PGIS on the Dick's site is subject to both basic and phosphorus treatment requirements, if it is equal to or greater than 5,000 sf. If you end up using the existing flow control facility, the vault and the existing swale (if up to current maintenance standards) will suffice for basic treatment. The PGIS is still subject to phosphorus treatment per the Ecology 2005 manual or by using proprietary products approved by Ecology for phosphorous removal. If there are site constraints, l would accept treating an equivalent area on the Top Foods site to meet the water quality requirement for the Dicks site. The City of Edmonds is encouraging the use permeable pavement, especially permeable asphalt. If properly designed per the Ecology manual as an infiltration treatment facility for phosphorus control, the PGIS can be migrated for water quality using permeable asphalt. Have you considered it? Also, if the existing vault becomes unworkable for you, permeable asphalt can be used to meet the flow control requirement as well. Sincerely, 12/16/2010 Message jerr , huster,1.E.. torryn ater Engineering Program Manager er City of Edmonds 1.21 Sth Ave N. Edynonds, WA 98020 Desk 1 Phone, 425-771-0220 X1323 Fax. -425-672-S750 shi,ister@ci.e(l,r'non((is.wa.us 12/16/2010 Page 2 of 2 GENERAL NOTES 1. ALL MATERIALS AND WORK SHOWN ON THESE PLANS SHALL CONFORM TO THE CITY OF EDMONDS STANDARD PLANS AND DETAILS, THE FOLLOWING SPECIFICATIONS AND CODES, AND ALL OTHER APPLICABLE LOCAL MUNICIPAL, STATE, AND FEDERAL CODES, RULES AND REGULATIONS: - CURRENT INTERNATIONAL BUILDING CODE (IBC) - 2010 WSDOTIAPWA STANDARD SPECIFICATIONS FOR ROAD, BRIDGE AND MUNICIPAL CONSTRUCTION WASHINGTON STATE DEPARTMENT OF ECOLOGY STORMWATER MANAGEMENT MANUAL FOR THE PUGET SOUND BASIN (CURRENT EDITION) 2. STANDARD PLAN AND TYPE NUMBERS INDICATED ON THESE DRAWINGS REFER TO CITY OF EDMONDS STANDARD DETAILS, UNLESS NOTED OTHERWISE 3. A COPY OF THESE APPROVED PLANS MUST BE ON THE JOBSITE WHENEVER CONSTRUCTION IS IN PROGRESS. 4. DEVIATIONS FROM THESE PLANS MUST BE APPROVED BY THE ENGINEER OF RECORD AND THE LOCAL GOVERNING AUTHORITY. 5. CONTRACTOR SHALL RECORD ALL APPROVED DEVIATIONS FROM THESE PLANS ON A SET OF "AS -BUILT" DRAWINGS AND SHALL SUACV ARIZE ALL AS -BUILT CONDITIONS ON ONE SET OF REPRODUCIBLE DRAWINGS FOR SUBMITTAL TO THE OWNER PRIOR PROJECT COMPLETION AND ACCEPTANCE. A SET OF AS -BUILT DRAWINGS SHALL BE SUBMITTED TO THE CITY OF EDMONDS PRIOR TO FINAL APPROVAL OF THE BUILDING OCCUPANCY/FINAL PROJECT APPROVAL. 6. ELEVATIONS SHOWN ARE IN FEET. SEE SURVEY FOR BENCHMARK INFORMATION. 7. THE LOCATIONS OF EXISTING UTILITIES AND SITE FEATURES SHOWN HEREON HAVE BEEN FURNISHED BY OTHERS BY FIELD SURVEY OR OBTAINED FROM AVAILABLE RECORDS AND SHOULD THEREFORE BE CONSIDERED APPROXIMATE ONLY AND NOT NECESSARILY COMPLETE. IT IS THE SOLE RESPONSIBILITY OF THE CONTRACTOR TO INDEPENDENTLY VERIFY THE ACCURACY OF ALL UTILITY LOCATIONS SHOWN AND TO FURTHER DISCOVER AND PROTECT ANY OTHER UTILITIES NOT SHOWN HEREON W141CH MAY BE AFFECTED BY THE IMPLEMENTATION OF THIS PLAN. CONTRACTOR SHALL VERIFY LOCATION, DEPTH, SIZE, TYPE AND CONDITION OF EXISTING UTILITY LINES AT CONNECTION OR CROSSING POINTS BEFORE TRENCHING FOR NEW UTILITIES. ENGINEER ASSUMES NO RESPONSIBILITY FOR THE COMPLETENESS OR ACCURACY OF THE EXISTING UTILITIES AND SITE FEATURES PRESENTED ON THESE DRAWINGS. ENGINEER SHALL BE NOTIFIED IMMEDIATELY OF CONFLICTS THAT ARISE, 8. CONTRACTOR SHALL LOCATE AND PROTECT ALL UTILITIES DURING CONSTRUCTION AND SHALL CONTACT THE UNDERGROUND UTILITIES LOCATION SERVICE (1-800-424-5555) AT LEAST 48 HOURS PRIOR TO CONSTRUCTION. 9. CONTRACTOR SHALL VERIFY ALL CONDITIONS AND DIMENSIONS AT THE PROJECT SITE BEFORE STARTING WORK AND SHALL NOTIFY OWNER'S REPRESENTATIVE OF ANY DISCREPANCIES. 10. PIPE LENGTHS WHERE SHOWN ARE APPROXIMATE AND MAY CHANGE DUE TO FIELD CONDITIONS. 11. CONTRACTOR SHALL OBTAIN A COPY OF THE GEOTECHNICAL REPORT S!IENGRIADDRESS_FILESWphalHighway_99-219001pre20100015-Dicks Drive-Inlpre20100015-Dicks Drive-in-El.doc Page 5 of 8 Revised 611/10 (WHERE APPLICABLE) AND SHALL THOROUGHLY FAMILIARIZE HIMSELF WITH THE CONTENTS THEREOF. ALL SITE WORK SHALL BE PERFORMED IN STRICT COMPLIANCE WITH THE RECOMMENDATIONS OF THIS REPORT. 12. STRUCTURAL FILL MATERIAL AND PLACEMENT SHALL CONFORM TO THE RECOMMENDATIONS OF THE PROJECT GEOTECHNICAL REPORT. 13. MANHOLES, CATCH BASINS, UTILITIES AND PAVEMENT SHALL BEAR ON MEDIUM DENSE TO VERY DENSE NATIVE SOIL OR COMPACTED STRUCTURAL FILL. IF SOIL IS DISTURBED, SOFT, LOOSE, WET OR IF ORGANIC MATERIAL IS PRESENT AT SUBGRADE ELEVATION, REMOVE AND REPLACE WITH COMPACTED STRUCTURAL FILL PER GEOTECHNICAL REPORT. 14, SEE SURVEY AND ARCHITECTURAL DRAWINGS FOR DIMENSIONS AND LOCATIONS OF BUILDINGS, LANDSCAPED AREAS AND OTHER PROPOSED OR EXISTING SITE FEATURES. 15. SEE ARCHITECTURAL DRAWINGS FOR PERIMETER FOUNDATION DRAINS. FOUNDATION DRAINS SHALL BE INDEPENDENT OF OTHER SITE DRAIN LINES AND SHALL BE TIGHTLINED TO THE STORM DRAIN SYSTEM WHERE INDICATED ON THE PLANS. 16. ALL REQUIRED STORMWATER FACILITIES MUST BE CONSTRUCTED AND IN OPERATION PRIOR TO INSTALLATION OF ANY PAVEMENT UNLESS OTHERWISE APPROVED BY THE ENGINEER. 17. ALL ROOF DRAINS, PERIMETER FOUNDATION DRAINS, CATCH BASINS AND OTHER EXTERNAL DRAINS SHALL BE CONNECTED TO THE STORM DRAINAGE SYSTEM, UNLESS NOTED OTHERWISE. 18. CONTRACTOR SHALL OBTAIN AND PAY FOR ALL PERMITS REQUIRED FOR INSTALLATION OF ALL SITE IMPROVEMENTS INDICATED ON THESE DRAWINGS. 19. AS A MINIMUM REQUIREMENT, ALL DISTURBED AREAS ON AND OFF SITE SHALL BE RETURNED TO THE EQUIVALENT OF THEIR PRECONSTRUCTION CONDITION IN ACCORDANCE WITH APPROPRIATE REQUIREMENTS AND STANDARDS. 20. ALL DISTURBED SOIL AREAS SHALL BE SEEDED OR STABILIZED BY OTHER ACCEPTABLE METHODS FOR THE PREVENTION OF ON-SITE EROSION AFTER THE COMPLETION OF CONSTRUCTION. SEE EROSION CONTROL PLANS FOR SPECIFIC GRADING AND EROSION CONTROL REQUIREMENTS, 21. THE CONTRACTOR SHALL KEEP OFF-SITE STREETS CLEAN AT ALL TIMES BY SWEEPING. WASHING OF THESE STREETS WILL NOT BE ALLOWED WITHOUT PRIOR APPROVAL. 22. THIS PROJECT 1S NOT A BALANCED EARTHWORK PROJECT. BOTH EXPORT AND IMPORT OF SOIL AND ROCK MATERIALS ARE REQUIRED. 23. SLOPE OF FINISHED GRADE SHALL BE CONSTANT BETWEEN FINISHED CONTOURS OR SPOT ELEVATIONS SHOWN. 24. FINISHED GRADE SHALL SLOPE AWAY FROM BUILDING WALLS AT MINIMUM 5% SLOPE FOR A MINIMUM DISTANCE OF 10 FEET. 25, CONTRACTOR SHALL BE RESPONSIBLE FOR AND SHALL INSTALL AND MAINTAIN SHORING AND BRACING AS NECESSARY TO PROTECT WORKERS, EXISTING BUILDINGS, STREETS, WALKWAYS, UTILITIES AND OTHER EXISTING AND PROPOSED IMPROVEMENTS AND EXCAVATIONS AGAINST S:NENGR%DDRESS FtLESLAlphalHighway_99-219001pre20100015-Dicks Drive-hpre20100015-Dicks Drive-In-E1.doc Page 6 of 8 Revised 6!1!10 LOSS OF GROUND OR CAVING EMBANKMENTS. CONTRACTOR SHALL ALSO BE RESPONSIBLE FOR REMOVAL OF SHORING AND BRACING, AS REQUIRED. 26. CONTRACTOR SHALL OBTAIN APPROVAL FROM THE CITY AND FOLLOW CITY PROCEDURES FOR ALL WATER SERVICE INTERRUPTIONS, HYDRANT SHUTOFFS, STREET CLOSURES OR OTHER ACCESS RESTRICTIONS. CONTRACTOR SHALL NOT RELOCATE OR ELIMINATE ANY HYDRANTS WITHOUT FIRST OBTAINING WRITTEN APPROVAL FROM THE FIRE MARSHAL. 27. COORDINATE AND ARRANGE FOR ALL UTILITY CONNECTIONS, UTILITY RELOCATIONS AND/OR SERVICE INTERRUPTIONS WITH THE AFFECTED OWNERS AND APPROPRIATE UTILITY COMPANIES. CONNECTIONS TO EXISTING UTILITIES SHALL BE MADE ONLY WITH ADVANCE WRITTEN APPROVAL OF THE AUTHORITIES GOVERNING SAID UTILITIES. 28. EXISTING UTILITY LINES IN SERVICE WHICH ARE DAMAGED DUE TO CONSTRUCTION WORK SHALL BE REPAIRED AT CONTRACTOR'S EXPENSE AND INSPECTED AND ACCEPTED BY CITY OF EDMONDS AND OWNER'S REPRESENTATIVE PRIOR TO BACKFILLING. 29. NEW UTILITY LOCATIONS ARE GENERALLY SHOWN BY DIMENSION, WHERE NO DIMENSIONS ARE INDICATED, LOCATIONS MAY BE SCALED FROM DRAWINGS. FIELD ADJUSTMENTS SHALL BE APPROVED BY OWNER'S REPRESENTATIVE AND CITY. 30. WHERE NEW PIPE CLEARS AN EXISTING OR NEW UTILITY BY 6" OR LESS, PLACE POLYETHYLENE PLASTIC FOAM AS A CUSHION BETWEEN THE UTILITIES. 31. SEE MECHANICAL DRAWINGS (WHERE APPLICABLE) FOR CONTINUATION OF SITE UTILITIES WITHIN THE BUILDING. 32. SEE ELECTRICAL DRAWINGS (WHERE APPLICABLE) FOR EXTERIOR ELECTRICAL WORK. 33. SEE LANDSCAPE DRAWINGS (WHERE APPLICABLE) FOR SITE IRRIGATION SYSTEM. S:IENGRIADDRESS_FILEStiAlphalHighway_99-219001pre20100015-Dicks Drive-inlpre20100015-Dicks Drive-In-El,doc Page 7 of 8 Revised 6/1110 CONSTRUCTION SEOUENCE NOTES 1. SCHEDULE A PRE-CONSTRUCITON MEETING WITH CITY ENGINEERING DIVISION AT 425-771-0220, EXT. 1326. 2. REVIEW ESC NOTES. 3. CALL FOR UTILITY LOCATES. 4. INSTALL ESC MEASURES AND MAINTAIN DUST CONTROL. 5. HAVE EROSION CONTROL MEASURES INSPECTED BY CITY OF EDMONDS CITY ENGINEERING INSPECTOR. (ALL TEMPORARY SEDIMENTATION AND EROSION CONTROL MEASURES MUST BE IN PLACE AND INSPECTED PRIOR TO ANY CONSTRUCTION OR SITE CLEARING. EROSION AND SEDIMENTATION CONTROL PRACTICES AND/OR DEVICES SHALL BE MAINTAINED UNTIL PERMANENT VEGETATION IS ESTABLISHED.) 6. ROUGH GRADE SITE AS REQUIRED TO INSTALL DRAINAGE FEATURES. 7. DEMOLISH EXISTING STRUCTURES 8. CLEAR, GRUB & ROUGH GRADE REMAINDER OF SITE. REVEGETATE DISTURBED AREAS NOT SUBJECT TO ADDITIONAL SURFACE DISTURBANCE IMMEDIATELY AFTER ROUGH GRADING. (OTHER EXPOSED AREAS SHALL BE STABILIZED PER EROSION CONTROL NOTES BELOW) 9. INSTALL UTILITIES AND OTHER SITE IMPROVEMENTS. 13. STABILIZE AND REVEGETATE ENTIRE SITE. 14. ESTABLISH LANDSCAPING AND PERMANENT VEGETATION. EROSION CONTROL FEATURES CAN BE REMOVED UPON FINAL SITE STABILIZATION AND APPROVAL BY CITY INSPECTOR. 5:1ENGRIADDRESS_FILESIA[pha\Highway_99-219001pre20100015-Dicks Drive-IMpre20100015-Dicks Drive-In-El.doc Page 8 of 8 Revised 6!1110 After Recording, Return To: THIS WATER LINE EASEMENT (the "Basement") is made this -'-7V day of January, 1993, by and between SUPERVALU HOLDINGS, INC., an Ohio corporation which is the successor by merger of Ohiocubco, Inc., as owner of the property described below, hereinafter called the Grantor, and the CITY OF EDMONDS, a municipal corporation in Snohomish County, Washington, hereinafter called the Grantee: RECITALS A. Grantor is the owner of that certain real property legally described in Exhibit A, attached hereto and incorporated herein by this reference (the 11Easement Area"). B. The parties have determined it is to their mutual benefit to agree to the following covenants and easements related to maintaining the water line located in the Easement Area. NOW, THEREFORE, in consideration of the mutual covenants and conditions contained herein and other good and valuable consideration, the receipt and sufficiency of which is acknowledged by the parties, the parties agree as follows: AGREEMENTS 1. Grant of Water Line Easement. Grantor hereby quitclaims and conveys to Grantee, subject to all easements and encumbrances of record, a permanent, nonexclusive easement for the installation, construction, reconstruction, operation and maintenance of an underground water line over, across, through and below the Easement Area. Such grant shall include the right to enter onto the Easement Area for the purposes provided herein. 2. Grantor's Right to Use Easement. Grantor retains the right to fully use and enjoy the above described property, including the right to retain the right to use the surface of said Easement Area, so long as such use does not interfere with the installation, maintenance or operation of the water line. Provided, however, that Grantor agrees not to construct any permanent structure or the surface of the Easement Area. V01. 'POO '93 F �g�D �' - CITY CLERK -80 CENTER rI Ott ';u€?iS_'.1 �}ilFli }# � I"�;;. �I'° g�g�CIVIC ONDS, WA 90020 =- ' q.1 g� gq WATER LINE EASEMENT THIS WATER LINE EASEMENT (the "Basement") is made this -'-7V day of January, 1993, by and between SUPERVALU HOLDINGS, INC., an Ohio corporation which is the successor by merger of Ohiocubco, Inc., as owner of the property described below, hereinafter called the Grantor, and the CITY OF EDMONDS, a municipal corporation in Snohomish County, Washington, hereinafter called the Grantee: RECITALS A. Grantor is the owner of that certain real property legally described in Exhibit A, attached hereto and incorporated herein by this reference (the 11Easement Area"). B. The parties have determined it is to their mutual benefit to agree to the following covenants and easements related to maintaining the water line located in the Easement Area. NOW, THEREFORE, in consideration of the mutual covenants and conditions contained herein and other good and valuable consideration, the receipt and sufficiency of which is acknowledged by the parties, the parties agree as follows: AGREEMENTS 1. Grant of Water Line Easement. Grantor hereby quitclaims and conveys to Grantee, subject to all easements and encumbrances of record, a permanent, nonexclusive easement for the installation, construction, reconstruction, operation and maintenance of an underground water line over, across, through and below the Easement Area. Such grant shall include the right to enter onto the Easement Area for the purposes provided herein. 2. Grantor's Right to Use Easement. Grantor retains the right to fully use and enjoy the above described property, including the right to retain the right to use the surface of said Easement Area, so long as such use does not interfere with the installation, maintenance or operation of the water line. Provided, however, that Grantor agrees not to construct any permanent structure or the surface of the Easement Area. V01. 'POO 3. Grantee's Restoration Duties. Grantee agrees to restore to substantially the original condition such of Grantor's improvements as are disturbed or damaged during the construction, operation, maintenance, or repair of said water line. 4. Indemnification. Grantee agrees to indemnify and hold harmless Grantor from any and all claims, demands or causes of action brought by any third party which may be caused by Grantee's exercise of the rights herein granted and use of the Easement Area. Grantee shall reimburse Grantor for any costs and attorney fees incurred by Grantor in any defense of such claims, demands or causes of action. S. Successors and Assigns. The rights and obligations of the parties shall inure to the benefit of and be binding upon their respective successors and assigns. 6. Runs With the Land. This Easement, and the benefits conferred hereby, and the obligations imposed hereby, shall operate as covenants .running with the land. IN WITNESS WHEREOF, the parties hereto have caused this Easement to be duly executed on the day and year first above written. GRANTOR: SUPERVALU HOLDINGS, INC., an Ohio corporation By: C David L. Boehnen + Its, Vice President. GRANTEE: CITY OF EDMONDS, a municipal corporation By* Its: S'T'ATE OF MINNESOTA) ) ss. COUNTY OF HENNEPIN) On this 5th day of January, 1993, personally appeared before me David L. Boehnen, to me known to be the Vice President of SUPERVALU HOLDINGS, INC., the corporation that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act of said corporation, for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute the said instrument and that the seal affixed, if any, is the corporate seal of said corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. TERESA ANN SMIT11 DIARY PU13LIC44INNE80TA CARVER COUNTY 4 hey Cfmmission Expires Od,'T 4,1996 STATE OF WASHINGTON ) COUNTY OF p ) Notary Public in and for the State of Minnesota, residing at Chanhassen My Commission Expires: 10/14/96 SS. I certify that I know or have satisfactory evidence that L -am (1, N , Rai—.t signed this instrument, and on oath stated that he/she was authorized to execute the instrument as the M auo�—_ of the CITY OF EDMONDS, a municipal corporatio , and acknowledged it to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. SWORN TO AND SUBSCRIBED before me this A ) day of V Q , 1.993. V n � � Notary Public ''n andforrthe State of � LLQ K ) nt g n n °••••a••m°°•e $® �� My Comm' sion Expires: •� • JRW536.wp°• G10493:1 % A\', � e A,- EXI-11131T A B7-3037 3/16/92 TOP FOOD WATER , i. Those portions of Tracts 40, 41 and 42, Solner's f=ive Acre Tracts, according to the plat thereof recorded in Volume 7 of Plats, page 25, Records of Snol-rornish County, Washington. TOGETHER WITH Lots 4 through 9, Block 1 and Lots 6 through 11, no Land Block 2, li Addition according to the plat thereof recorded in Volume 13 of fiats, records of said county, pages 5 i and 51, TOGETHER WITH Lots 6 through 11, Willers Addition, according to the plat thereof recorded in Volume 14 of fiats, page '13, records of said county, TOGL fHEn WITH a portion of 21801 Street S.W., being a portion of the North 30.00 feet of slid rracl 42 as vacated try the City of Edmonds Ordinance No. 2045; and 219th Street 5W, lying between and abutting said Poi of blocks 1 and 2, Pine Land, as vacated by said Ordinance No. 28,15. The whole being shown on [hose surveys recordod in valun-re 25 of Surveys, Mages 144 through 146 and volume 35 of Surveys, pages 271 Through 272, records of said county. Embraced within a strip of land 10.00 feet in width having 5.00 feet of such width on each side of centerlines described as follows: COMMENCING at the intersection of the westerly margin of Highway 99 (pacific t-lighway) and [tie northerly line of said Tract 40 as shown an said survey recorded in volume 25 Of Surveys, pages '1114 through 146 records of said county, thence S25043'29"W along said margin 21.00 feet to a point hereinafter referred to as Point "A"; lhence continuing 525°-,13'29"W along said margin 277.38 feet to a point hereinafter referred to as Point "B"; thence continuing S25°43'29"W along said margin 52.08 feet to the POINT OF BEGINNING. thence N64°47'05"W 273.06 feet; thence N3057'49"W 34-63 feet to a point hereinafter referred to as point "C"; thence N41 °38'39"W -188.64 feel; thence N86032'24"W 81.27 feet to a point hereinafter referred to as point D thence continuing N88632'24"W 114,30 feet; thence N63°14'01"W 21.91 feet to a point hereinafter referred to as point "E"; thence S26011'42"W 152.6-1 feel; thence 525025'03"W 27.53 feet; thence S25°04' -14"W 100.97 feet to a point hereinafter referred [o as Point "f=", thence 51°56'59"E 28,74 feet to a point hereafter referred to as Point "G"; thence conlinuing S 1 °56'59"E -194,92 feet; thence N90000'00"E 26.38 fee[ to a point hereinafter referred to as point "I -I"; thence continuing N90000'00"E 202.27 feet; thence S0030'57"E 37,56 feet to a point hereinafter referred to as Point "J"; thence continuing S0030'57"E 82.41 feet to a point hereinafter referred to as point "K" on [he northerly margin of 220th Street SW (Cedar Street) as shown on said surveys, and the terminus of this centerline' and easement; ALSO, BEGINNING at said Point "A"; thence N64016'311,W 8.50 cenierline and easement. feet t® file t®rminUS 0f this ALSO, 131 -GINNING at said Point "b"; thence N13016'31"W 7,30 feet to the terminus of this centerline and easement. ! ICX[iTItIT A•. w~ 07-3037 3/16/92 ALSO, 13EGINNING at said Point 1'C"; thence 5413051'07"W 51.39 feet to the terminus of this centerfine and easement. ALSO, BEGINNING at said Point "G"; thence N6025'24"i= 20.61 feet to the terminus of tills centerline and easement. ALSO, BEGINNING at said point "E"; thence N63014'01"W 32.21 feet; thence N90°00'00"W 7.03 feet to the west line of said vacated portion of 218th Street 5W as shown on said survey recorded in volume 35 of Surveys, pages 271 through 272, records Of said county, and the terminus of this centerline and easement. ALSO, BEGINNING at said Point "f="; thence N67054'40"W 13.49 feet to tlieterminus of this centerline and easement. ALSO, BEGINNING at said Point "G"; thence N83042'43"W 19.E3o feet to the West line of said vacated 2 -19th Street SW as shown on said survey recorded in volurne 35 of Surveys, pages 271 through 272, records of said county and the terminus of this centerline and easement. ALSO, BEGINNING at said point "I-1"; thence S2®38'04"W 11,09 feet to the terminus of this centerline and easement. ALSO, BEGINNING at said Point "J"; thence S82054'36"E 34.82 feet to the terminus of this centerline and easement. ALSO, COMMENCING at said Point %"; thence S89°0(3'413"F- along said northerly margin of 22011 Street SW 103.28 feet to the POINT OF BEGINNING of this centerline; thence N0°53' 12"E 23.49 feet to the terminus of this centerline and easement. The side lines of said easements shall lengthen or shorten so as to be continuous. WArrTFN By PnoorF-L) <r c "�srlia;: GROUP FOUR, . ANC�/''• , i r � Irn,•, o... , ll�-Wf)ndfm!illa Way N.E. N SOL. Al U 0 /i PAGE -! LAl Ii li Y'1' A — PACE 5