Encroachment Application.pdfll F E D �l/Q
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?° ENCROACHMENT PERMIT APPLICATION
ADDRESS OF PROPOSED PUBLIC USE: 1704 r 644) A V e, W Eck/rN01^431 WA, l
PROPERTY OWNER NAME: ZQy� O. ck,(\A I o nnct Wo ulk PHONE:
PROPERTY OWNER MAILING ADDRESS: S0.✓n e AS OL L o v e-
CONTACT NAME: Ci_V-v0.
PHONE: L) 01.E
- G ?a- q,936
CONTACT EMAIL ADDRESS: l dQhA ougil
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Describe the portion of public space, City right-of-way or easement area to be utilized (i.e., overhead space of
sidewalk, 10 foot City utility easement along north property line, etc):
Describe the type of encroachment or use desired (i.e., fence 6 feet by 150 feet, awning 3 feet wide by 7 feet
long, etc.): r? _5" 0+e-
------------------ DEPARTMENT APPROVALS ---FOR CITY USE ONLY ---------------------
Planning Division Approved By ADB#
Public Works Approved By
Remarks or Comments:
Engineering Division Approved By
Certificate of Insurance Verified By
Date
Date
Encroachment Agreement sent to City Clerk for recording Date
ENCROACHMENT PERMIT# EODU► '67,5 ISSUANCE DATE
BUILDING PERMIT # RFC)RDING #
Snohomish County Washington
Auditor Recording Requirements USE BLACK INK ONLY -
DO NOT FOLD DOCUMENTS!
Document Format Requirements
Effective January 1, 1997 all documents submitted for recording in Washington State must
conform to standards set by RCW 36,18 and 65.04 Documents which do not meet the
requirements will be returned for reformatting before they will be recorded.
The following standards are required:
• A cover sheet is required for documents in which the first page does not contain
the necessary index fields or the three inch top margin.
• All pages must conform to formatting requirements for margins, page size, font
size, color, legibility, seals and attachments.
• A cover sheet will not relieve you of the responsibility of meeting the formatting
requirements for all subsequent pages.
The first page of the document, or the cover sheet must include the following information:
• Title(s)
• Reference Number
• Grantor
• Grantee
• Legal Description
• Assessor's Parcel Number
• All applicable information must be filled in if a cover sheet is used. "See attached"
is not acceptable
• All information must be legible and capable of being imaged,
• Return address must appear on the first page, top left comer
• First page shall include three-inch top margin and one -inch bottom and side
margins
• Subsequent page margins must be one -inch on top, bottom and sides
• No attachments shall appear on pages (such as stapled, taped or glued notary
blocks)
• page size must be 8-1/2" x 14" or less
• Font size must be at least 8 point
• Seals must be legible and capable of being imaged (pressure seals must be
smudged)
Documents which were signed prior to January 1, 1997 maybe recorded without reformatting,
bur a cover sheet will be required.
If you have any questions or would like feedback on reformatted document, please contact Lisa
Goldsworthy the Snohomish County Recording Manager at 425.338.3713 or Fax at
425.259.2777.
When recorded mail to:
City Clerk
City of Edmonds
121 Fifth Avenue North
Edmonds, WA 98020
SPACE ABOVE THE LINE FOR RECORDERS USE
Assessor's Parcel No.: 0037814oc MOi.0V
Applicant:
ENCROACHMENT AGREEMENT
This ENCROACHMENT AGREEMENT ("Agreement") is entered into between the
CITY OF EDMONDS ("City") and �c&:!0 0 Nna K o l-k!- In
("Owner[s]"), in accordance with Chapter 18.70 of the Edmonds Community Development
Code.
1. The Property. Owner is the owner of that certain real property located at
_ 17 y1y -7(01N�4 o- 0. , within the City of Edmonds,
Washington, Assessor's Parcel Number 00317Su0"0100
and more particularly described as follows _ A9,soRf-'iVM Vt" F-ymsas
61.tc (Zoo D-d0 - L�Q�1
or
as described in Exhibit "A" attached hereto and incorporated herein by reference.
2. The Easement. The City right-of-way adjacent to owner's property or an
existing easement used for (strike those that don't apply)[};l+eet-t+tl-ttllep,-kriril-sidecvzritc,
fit}re-p-Nc�c#eatrimi eti:lert»et*, sanitary sewer, cr
3. The Encroachment. The Owner desires to encroach upon the public
easement and the City hereby covenants and agrees and grants its permission to Owner to
allow -1,5' or- Ff-1Jc,&
to remain in a portion of
the City right-of-way/easement. A partial site plan, scaled 1"=20', showing the location of the
encroachment is attached as Exhibit `B" and incorporated by reference. This Agreement is
subject to the following terms and conditions:
E26-EncroachAgreement 2.13.13.1inal.doe
a. On behalf of themselves, their successors and assigns, the Owner promises to
maintain, repair, remove and/or replace the encroachment located in the easement
at their sole expense to the standards established by the City. All maintenance,
repair, removal and/or replacement shall be conducted solely at the Owners'
expense.
b. The Owner, on behalf of themselves and their successors and assigns,
acknowledge that the City had no obligation to approve the encroachment within
the easement for the sole benefit of the Owner, and the agreements contained
herein, provide sufficient consideration for the Owner and their successors and
assigns to maintain, repair, remove and/or replace said encroachment located in the
easement at their sole expense in perpetuity.
c. The Owner promises to indemnify and hold harmless the City, its officers, agents
and employees from any and all loss, claim, demand or liability of any kind or
nature, foreseen or unforeseen, arising from or out of its promises contained within
this Agreement, including but not limited to any damage that may be caused to the
encroachment by the City's operation, maintenance, repair, replacement or other
work related to construction activity within the easement, or any damage or
expense arising out of the loss of, or damage to, property or the injury to or death
of persons. This promise to hold harmless and indemnify includes defense by
counsel of the City's choosing and the payment of reasonable attorneys' fees and
court costs. Nothing herein, however, shall be interpreted to require the Owner to
indemnify the City from the negligence or intentional tortuous act of its
employees, officers, or agents.
d. The Owner shall at the request of the City, promptly remove, repair, reconstruct,
and/or replace the encroachment at the Owners' sole expense. Upon receipt of
notification from the City that the City requires removal of all or portions of the
encroachment from within the easement, the Owner will promptly remove those
portions of the encroachment from within the easement area as required by the
City at their sole expense. If the portions of the encroachment required by the City
to be removed are not timely removed by the Owner, they shall be removed by the
City at the expense of the Owner, and the Owner shall reimburse the City for the
costs of removal of the encroachment and disposal of materials as well as for any
increased construction costs or consequential damages incurred by the City due to
the Owners' delay. In the event that portions of the encroachment must be
removed to facilitate utility and/or construction activity by the City within the
easement or other requirements of the City, the Owner shall be solely responsible
for replacement of the encroachment at their expense upon completion of the
utility and/or construction or other activity by the City.
e. Whatever rights and obligations were acquired by the City with respect to the
easement shall remain and continue in full force and effect and shall in no way be
affected by City's grant of permission to construct and maintain the encroachment
structure.
E26-EncroachAgeement 2.13.13.final.doc
-2of4-
Business and commercial operation property owners are required to provide and
continually maintain during the term of the permit a certificate of insurance
naming the City as an additional insured, with respect to liability, and providing
that it shall be primary as to any other policy of insurance. A copy of the
insurance certificate shall be provided to the City at the beginning of each calendar
year, no later than the 2 1 " day of January.
g. Owner shall, in the performance of this Agreement, comply with all applicable
Federal, State and local laws and regulations, including but not limited to City
code and ordinance requirements.
4. Entire Agreement. This Agreement constitutes the entire agreement between
the parties with respect to the subject matter hereof and supersedes and replaces all other
agreements, oral or written, between the parties with respect to the subject matter. This
agreement may not be amended except in writing in a document filed of record with the
auditor of Snohomish County, Washington,
5. Notices. Any notice which is required or may be given pursuant to this
Agreement shall be sent in writing by United States mail, first class, postage pre -paid,
registered or certified with return receipt requested, or by other comparable commercial
means and addressed as follows:
a to the Citv: ff to the Owner:
City Engineer 'Do.vIt, 0.Ynck �o+nvna. K0�_k h
City of Edmonds t 14 i 4 r7 6t A\j e- hJ
121 Fifth Avenue North We" °I $ !) a(o 'S COS
Edmonds, WA 98020
which addresses may be changed from time to time by providing notice to the other party in
the manner described above.
6. Waiver. City's consent to or approval of any act or omission by Owner shall
not constitute a waiver of any other default by Owner and shall not be deemed a waiver- or : F.
render unnecessary City's consent for approval to any subsequent act by Owner. Any waiver
by City of any default must be in writing and shall not be a waiver of any other default
concerning the same or any other provision of the Agreement.
7. Termination of Agreement. In addition to any other remedy provided for by
law, the City reserves the right to terminate this agreement in the event the encroachment
negatively impacts or damages the City's right of way, easement and/or underlying utility
systems or violates any condition of service adopted by the City, at its sole discretion, as may
be necessary to prevent damage to the City's utility system, or any other public facility which
may be impacted by the Owners' failure to properly use the easement.
E26-EncmachAgreement 2.13.13.final.doc
8. Successors and Assigns. This Agreement shall be binding and inure to the
benefit of the parties hereto and their respective legal representatives, successors, and assigns.
Owner agrees to incorporate this agreement by reference in any subsequent deeds to the
property, but any failure to do so does not invalidate this provision.
9. Capacity. Each party represents that the person(s) executing this Agreement
on behalf of such party has the authority to execute this Agreement and by such signature(s)
thereby bind such party.
IN WITESS HEREOF, the parties hereto have executed this Agreement on this day
20%.'
QOWNE ):
I3 .
STATE OF WASHINGTON
COUNTY OF SNOHOMISH
By: t L'
This day, personally appeared before
to me known to be the person(s) who executed the within and foregoing docum and that
(he/she/they). Ptj signed the same as (his/her/their) free and voluntary act
and deed for the u, es and purposes therein mentioned.
DANJONES —
Notary Public Notary WIC
State of Washington
My Appointment Expires Jul 29, 2020—��
Typed or Printed Nanic
My Commission expires: 6a 6
CITY OF EDMONDS
By:
ENGINEERING DIVISION
-4of4-
E26-EncroachAgreement 2,13.13.final. doc
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Exhibit "A"
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LOT 1, ARBORETUM VIEW ESTATES, ACCORDING TO THE PLAT
THEREOF RECORDED IN VOLUME 19 OF PLATS. PAGE 104.
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RECORDS OF SNOHOMISH COUNTY. WASHINGTON.
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BATS OF BEARING
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IN CONC. IN CASE
THE NE 1/4 OF THE SE 1/4 OF
SECTION 07, TOWNSHIP 27 NORTH,
RANGE 04 EAST, W.N.,
SNOHOMISH COUNTY-, WASHINGTON
RECORDERS CERTIFICATE
SURVEYOR'S CERTIFICATE
RECORD OF. SURVEY FOR
Filed for record this _ day of ,20 at —M.
in BookSurveys at page at the request of
This map correctly represents a survey made by me or
��MG3V�C�i'VGNJC�v
DANA &DONNA® HOUGH
_of
BT SURVEYS INC
under my direction in COnfOrmance with the requirements
of the Survey Recording Act at the request of
BRVEYS INC
EWAS.HINETOTN98201%
17414 76TH AVE WEST EDMONDS, 'WASHINGTON 98026
COUNTY AUDITOR, RECORDS DIVISION
DANA AND DONNA HOUGH in AUGUST 2015
DRIVE SE. EVERETT.
JOB 15072-
SHEET 1 y OF ,1•
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RAWN BY BR
County Auditor Deputy Retbder
Surveyed by Brian Raoum. Certificate Number 3753a
2D6-601-181a
DATE: 8-15' ".
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SCALE: 1` = 20'-
CHECKED BY BR
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CITY OF EDMONDS
BUILDING DEPARTMENT
WORK
ADDRESS Yfi
OWNER iiooif
APPROVED DATE:
BLDG. OFFICIAL:
PERMIT NUMBER
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CITY OF EDMONDS
121 5`h Avenue North, Edmonds WA 98020
Phone: 425.771.0220 • Fax: 425.771.0221 • Web: www.edmondswa,,ggv
DEVELOPMENT SERVICES DEPARTMENT • PLANNING DIVISION
Critical Areas Reconnaissance Report
Critical Areas File Number
Site Location
Tax Account Number
Property Owner
Applicant
Critical Areas Present
Site Description
CRA20150076
17414 76th Avenue West, Edmonds
00378400000100
Dana & Donna Hough
Same
0 Streams
During review and inspection of the subject site, it was found that the site may contain or be
adjacent to critical areas, including a Stream, pursuant to Chapters 23.40 and 23.90 of the
Edmonds Community Development Code (ECDC).
The associated LiDAR map indicates that the subject site declines gently from east to west with
a slope of about 5%. Approximately 200 feet northeast of the parcel runs a portion of Outfall
Creek; this is within the 200' jurisdictional area of Outfall Creek but is outside the maximum
buffer and setback that could be applied to the Creek for any proposed development on the
subject parcel. However, approximately 40 feet southwest of the subject parcel runs a portion
of Terrace Creek. The buffers and setbacks for Terrace Creek could impact possible
development on the subject parcel and require mitigation.
Determination: Study Required
This review applies to the entire subject parcel. When you have a specific development
proposal for this site, contact the Planning Division at 425,771.0220 to determine whether a
critical area report is required for the project.
Mike Clugston, AICP, Associate Planner l/k��_ r-11 August 4, 2015
Name, Title
Signature
Date
Cited sections of the Edmonds Community Development Code (ECDC) can be found on
the City of Edmonds website at www.edmondswa-Pov.
Streams
Streams are areas where surface waters produce a defined channel or bed which demonstrates
clear evidence of the passage of water. Regulated as types of Fish and Wildlife Habitat
Conservation Areas, streams are classified according to whether they run year round and
whether they support fish populations according to the classification system listed in ECDC
23.90.010.A.1.
Development proposals that encroach into streams or their buffers may be allowed through the
approval of a critical area report. In addition to the general requirements for critical areas
reports, specific report requirements for Fish and Wildlife Habitat Conservation Areas are
provided in ECDC 23.90.020.A to C with additional requirements for streams in ECDC
23.90.020. D.
The minimum buffer widths for streams vary depending on the type of stream and are listed in
ECDC 23.90.040.D.1. The width of a stream buffer may be reduced through buffer
enhancement if through the review of a Stream Buffer Enhancement Plan that meets the
specific requirements referenced in ECDC 23.90.040.D.2. The maximum amount that a buffer
can be reduced through buffer enhancement is 50%. A buffer may also be modified through
buffer averaging. The criteria applied to buffer averaging are listed in ECDC 23.90.040.D.2. The
maximum amount that the buffer width can be reduced at any single location through buffer
averaging is 50%. Development proposals that propose encroachments into buffers beyond
what is allowed through the above methods require a Critical Areas Variance in accordance
with ECDC 23.40.210.
General Report Requirements
Critical areas reports identify, classify and delineate areas on or adjacent to the subject
property that may qualify as critical areas. They also assess these areas and identify any
potential impacts resulting from specific development proposals. If a specific development
proposal results in an alteration to a critical area, the critical areas report must contain a
mitigation plan. General mitigation requirements for all critical areas are described in ECDC
23.40.110 through 23.40.140.
Page 12
Critical area reports are most commonly submitted when applying for a building permit or land
use development application but they can be submitted at any time. The minimum
requirements for all critical area reports are listed in ECDC 23.40.090.D. There are additional
report requirements for specific types of critical areas (see below). Note that it is important for
the report to be prepared by a qualified professional as defined in the ordinance.
Allowed Activities & Exempt Proposals
Certain activities are allowed in or near critical area buffers as specified in ECDC 23.40.220.
Similarly, certain development proposals may be exempt from Critical Areas requirements
(ECDC 23,40.230). However, it is much more likely that an alteration to a critical area or buffer
will require some form of City oversight and approval. According to ECDC 23.40.320:
"Alteration" means any human -induced action which changes the existing conditions of
a critical area or its buffer. Alterations include, but are not limited to: grading, grading;
filling; dredging; draining; channelizing; cutting, pruning, limbing or topping, clearing,
relocating or removing vegetation; applying herbicides or pesticides or any hazardous or
toxic substance; discharging pollutants; paving, construction, application of gravel;
modifying for surface water management purposes; or any other human activity that
changes the existing landforms, vegetation, hydrology, wildlife or wildlife habitat value
of critical areas.
Unpermitted alteration of a critical area (such as tree cutting or dumping yard waste) can
lead to enforcement action and fines. If you are uncertain about whether an action qualifies
as an allowed or exempt activity, please contact the Planning Division.
Building Setbacks
Unless otherwise provided, buildings and other structures must be set back a distance of 15
feet from the edges of all critical area buffers or from the edges of all critical areas, if no buffers
are required. The following may be allowed in the building setback area: 1) landscaping; 2)
uncovered decks; 3) building overhangs, if such overhangs do not extend more than 30 inches
into the setback area; and 4) impervious ground surfaces, such as driveways and patios;
provided, that such improvements may be subject to water quality regulations as adopted in
the current editions of the International Residential Code and International Building Code, as
adopted in ECDC Title 19.
Page 13
"This map displays LIDAR data at approximate 2-foot contour
intervals. This map is for information purposes only and should not
be relied upon for any action. Actual topography should be verified
in the field by survey for accuracy. This map is provided with all
faults on an "as is" and "as available" basis. No warranty of any
kind is given. Users of this map agree to indemnify and save
harmless the City of Edmonds, its officials, officers, employees
and/or agents from and against any claim, demand or action,
irrespective of the nature of the cause of the claim, demand or
action, arising out of any use or possession of this map."
0
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v Critical Area Map 2012 Aerial Photo
17414 76th Ave. W
CRA20150076 1 inch = 100 feet
'c. ISO
#P20
''° City of Edmonds
0
Development Services Department
- Planning Division
Phone: 425.771.0220
Fax: 425.771.0221
The Critical Areas Checklist contained on this form is to
be filled out by any person preparing a Development
Permit Application Tor the City of Edmonds prior to
his/her submittal of the application to the City.
The purpose of the Checklist is to enable City staff to
determine whether any potential Critical Areas are, or
may be, present on the subject property. The information
needed to complete the Checklist should be easily
available from observations of the site or data available at
City Hall (Critical areas inventories, maps, or soil
surveys).
Date Received: 2
e5115-
City Receipt #:
Critical Areas File #: Z 170-077
0
Critical Areas Checklist Fee: $156.00
Date Mailed to Applicant:
A property owner; or his/her authorized representative,
must fill out the checklist, sign and date it, and submit it
to the City. The City will review the checklist, make a
precursory site visit, and make a determination of the
subsequent steps necessary to complete a development
permit application.
Please submit a vicinity map, along with the signed copy
of this form to assist City staff in finding and locating the
specific piece of property described on this form. In
addition, the applicant shall include other pertinent
information (e.g. site plan, topography map, etc.) or
studies in conjunction with this Checklist to assistant staff
in completing their preliminary assessment of the site.
The undersigned applicant, and his/her/its heirs, and assigns, in consideration on the processing of the application agrees
to release, indemnify, defend and hold the City of Edmonds harmless from any and all damages, including reasonable
attorney's fees, arising from any action or infraction based in whole or part upon false, misleading, inaccurate or
incomplete information furnished by the applicant, his/her/its agents or employees.
By my signature, I certify that the information and exhibits herewith submitted are true and correct to the best of my
knowledge and that I am authorized to file this application on the behalf of t e owner as listed
below. / /
SIGNATURE OF APPLICANT/AGENT DATE !/ `
Property Owner's Authorization
By my signature, I certify that I have authorized the above Applicant/Agent to apply for the subject land use application,
and grant my permission for the public officials and the staff of the City of Edmonds to enter the subject property for the
purposes of inspection and sting attendant to this application.
SIGNATURE OF OWNER DATE
OOwner/Applicant:
a Y-\,0, 'J" Lk!a
Name
Street Address
P-:- 6 M o 9toa6-300C
City State Zip
Telephone: 14at� - la r) a,- 9 a 3 �,
Applicant Representative:
Name
Smarr. P-
Street Address
S�mE
City State Zip
Telephone: �>omr\o, Ce(l: AoG-14gS--,50tO
Email address: d an a �\,a u q k n rt7 v^^g! (- Ca Email Address:-�'Q�►� P
Revised on 12118112 P20 - Critical Areas Checklist Page 1 of 2
#P20 CA File No: C(t 1 500_7 b
Critical Areas Checklist
Site Information (soils/topography/hydrology/vegetation)
1. Site Address/Location: I r? H 14 r? o \ (-\-v e-- 01E
2.
3.
4.
5.
Property Tax Account Number: VVO i 0 "T UVU V V 1 V V
Approximate Site Size (acres or square feet):
Is this site currently developed? Zyes; , no.
If yes; how is site developed? I k
Describe the general site topography. Check all that apply.
1/ Flat: less than 5-feet elevation change over entire site.
Rolling: slopes on site generally less than 15% (a vertical rise of 10-feet over a horizontal
distance of 66-feet).
Hilly: slopes present on site of more than 15% and less than 30% (a vertical rise of 10-feet
over a horizontal distance of 33 to 66-feet).
Steep: grades of greater than 30% present on site (a vertical rise of 10-feet over a horizontal
distance of less than 33-feet).
Other (please describe):
6. Site contains areas of year-round standing water: NO ; Approx. Depth:
7. Site contains areas of seasonal standing water: i O _ ; Approx. Depth: _
What season(s) of the year? R
8. Site is in the floodway PJ a floodplain N ) 6 of a watercourse.
9. Site contains a creek or an area where water flows across the grounds surface? Flows are year-round?
IQ I, _ Flows are seasonal? (What time of year? ).
10. Site is primarily: forested ; meadow ; shrubs mixed
urban landscaped (lawn, shrubs etc) ieS &eVvk- V-"9 ,
11. Obvious wetland is present on site: Ps
--- ----- --------- ------------- ---- ------ For City Staff Use Only- -
1. Plan Check Numbfr, if applicable?
2. Site is Zoned? IZ5 - ( Z
3. SCS mapped soil type(s)? wvu a (N&' 0 4ley e-
4. Critical Areas ' vef tory or C.A. map indicates Critical Area on site? & S 51 �� S Le, n Ad i A� C fv
S0%/+ilk LIALS ( - Tcrrrn(e (ruG
5. Site within designated earth subsidence landslide hazard area? NIP
S fly SITE DETERMINATION
STUDY REQUIRED WAIVER
Reviewed bv: ,6f 1 Date: /
M
Revised on 12118112 P20 - Critical Areas Checklist Page 2 of 2