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PLN200500035 Staff Report.pdf/nC.is) v Date: CITY OF EDMONDS 121 5TH AVENUE NORTH • EDMONDS. WA 98020 • (425) 771-0220 • FAX (425) 771-0221 Website: www dedmonds.wa.us DEVELOPMENT SERVICES DEPARTMENT Planning • Building • Engineering Letter of Transmittal June 3, 2005 To: Hossein Ahmadnia 431 NE Ravenna Blvd. Shoreline, WA 98115 Subject: S-05-35 GARY HAAKENSON MAYOR Transmitting Planning Division Findings, Conclusions, and Decision For Your Information: X As you requested: For your file: Comment: Note attachments: X Cc: Nasser Ahmadnia Sincerely, Diane Cunningham, Administrative Assistant • Incorporated August 11, 1890 • CITY OF EDMONDS 121 - 5TH AVENUE NORTH, EDMONDS, WA 98020 PLANNING DIVISION FINDINGS, CONCLUSIONS, AND DECISION To: File S-05-35 From: Star Campbell Project Planner Date: JUNE 3, 2005 File: S-05-35 Review of a 4-lot Townhouse Subdivision. Applicant: Nasser Ahmadnia for Hossein Ahmadnia TABLE OF CONTENTS Section Page I. INTRODUCTION............................................................................................................... 2 A. Application........................................................................................................................................2 B. Decision.............................................................................................................................................2 II. FINDINGS OF FACT AND CONCLUSIONS................................................................... 3 A. Site Description.................................................................................................................................3 B. Compliance with ECDC 20.75 Subdivisions.....................................................................................3 C. Complaince with the Zoning Code: ................................................................................................... 4 D. Compliance with Comprehensive Plan: ............................................................................................. 5 E. Compliance with 20.1513, Critical Areas Review: ............................................................................. 6 I1I. RECONSIDERATIONS......................................................................................................6 A. Request for Reconsideration..............................................................................................................6 B. Appeals..............................................................................................................................................6 C. Time Limits for Reconsideration and Appeals..................................................................................6 IV. NOTICE TO COUNTY ASSESSOR..................................................................................6 V. APPENDICES.....................................................................................................................6 VI. PARTIES OF RECORD......................................................................................................7 File No. S-05-35 Page 2 of 7 I. INTRODUCTION The following is a staff report for the review of a 4 lot Townhouse subdivision at 21405 and 21407 73`d Pl. W. The property is developed with a multi -family development consisting of an existing house and a tri- plex that consists of 3 townhouse style units. The proposed layout of the townhouse subdivision is shown on the preliminary plat documents (Attachment 2). The proposed subdivision will not change any physical aspects of the development of the site. Rather, the townhouse subdivision is more of a paperwork matter related to the future ownership of the individual residential units on the property and this type of subdivision is allowed by the Edmonds Community Development Code. A. Application 1. Applicant: Nasser Ahmadnia for Hossein Ahmadnia 2. Site Location: 21405 and 21407 73`d Pl. W. (See Attachment 1). 3. Request: To obtain approval for a Townhouse subdivision to create four legal lots on a developed property that currently consists of one lot in the RM-2.4 zone (see Attachment 2). 4. Review Process: Following the Comment Period, Planning Staff makes an administrative decision. 5. Major Issues: a. Compliance with Edmonds Community Development Code (ECDC) Section 20.75, Subdivisions. b. Compliance with the City of Edmonds Comprehensive Plan. c. Compliance with Edmonds Community Development Code (ECDC) Section 16.30, RM- Multi -Family Residential. d. Compliance with Edmonds Community Development Code (ECDC) Section 21.100.040, Townhouse Criteria. e. Compliance with Edmonds Community Development Code (ECDC) Section 20.95, staff review requirements. B. Decision Based upon the Findings of Fact and Conclusions, and Attachments submitted with the application, the following is the finding of the City of Edmonds Planning Division: The Townhouse Subdivision should be APPROVED with the following conditions: 1. This application is subject to the applicable requirements contained in the Edmonds Community Development Code (ECDC). It is the responsibility of the applicant to ensure compliance with the various provisions contained in these ordinances. 2. Prior to approval of the final subdivision, the applicant must complete the following requirements: a) Submit copies of the recording documents to the City for final plat review and approval. These documents shall incorporate the following revision: (1) Place all landscaped areas on the site, as reflected on the approved landscape plan with the building permit for the development of the triplex on the site in 2000, into a common landscape tract or easement. Include wording on the plat document, to be approved by the Planning Division, that describes the obligation for maintenance of these areas and the requirement for City approvals for any revisions to these areas. (2) Make minor revisions to the plat documents as required by the Engineering Division including revisions to lot and easement legal descriptions, line table on easement detail, and survey delineation of existing conditions on site. 6/3/2005/ Staff Report File No. S-05-35 Page 3 of 7 (3) Include on the plat all required information, including owner's certification, hold harmless agreement, and staff approval blocks. (Applicants are now responsible for recording their own documents once they have been approved.) 3. After recording the plat, the applicant must provide the City Planning Division with two copies of the recorded plat, with the recording number written on them. II. FINDINGS OF FACT AND CONCLUSIONS A. Site Description Site Development, Neighboring Development, And Zoning: A. Size: The total site area is approximately 11,500 sq. ft. 73rd Pl. SW is adjacent to the site's western property line (see Attachment 2). B. Land Use: The property is currently developed with a multi -family development consisting of an existing house and a tri-plex that consists of 3 townhouse style units. A driveway wraps aroung the house which is on the west side of the site and provides access to the three units on the east side of the site. Parking spaces are in the garages of each unit with one additional space located in front of (to the west of) the house. C. Zoning: The zoning of the site is Multi -Family Residential, RM-2.4 (see Attachment 1). D. Terrain and Vegetation: The subject property is fairly flat. Vegetation consists of typical multi -family development site landscaping. E. Surrounding Zoning: The subject site is bordered to the north, south and west (across 73rd Pl. W.) by properties that are also zoned RM-2.4. The properties to the east are zoned multiple -residential (RM-1.5). B. Compliance with ECDC 20.75 Subdivisions Subdivision Review Criteria A. Environmental Resources 1.) These criteria address minimizing adverse impact to environmental resources when developing a property, minimizing grading, and the subdivision of land with potentially hazardous conditions such as flood plains, slopes or unstable soils. 2.) Since this property is already developed no impact to environmental resources will occur. B. Lot and Street Layout 1.) The lot and street layout criteria require staff to find that the proposed subdivision is consistent with the dimensional requirements of the zoning ordinance and also that the lots would ultimately be buildable and accessable. 2.) The proposed layout of the lots through this subdivision and their relationship to the existing buildings and improvements on the site can be seen on the preliminary plat documents (Attachment 2). The proposed lots appear to be consistent with the current development of the site. The consistency of the proposed lot layout with the dimensional requirements of the zone are detailed in Section II.C.2 of the Staff Report below. 3.) An ingress, eagress detail on the subdivision map (Sheet 2 of Attachment 2) shows the location of the access easement that is proposed with this subdivision. This proposed access easement is consistent with the location of the developed drive that wraps around the house and provides access to all units on the site. 6/3/2005/ Staff Report File No. S-05-35 Page 4 of 7 C. Dedications and Improvements. This request. is not associated with any additional development of the site and no additional dedication and no improvements will be required. 2. Compliance with the Comprehensive Plan The proposal's compliance with the Comprehensive Plan is addressed in section II.D. of the Staff Report below. 3. Compliance with the Zoning Code Staff finds this project to comply with the provisions of the Zoning Code, see section II.C. of the Staff Report for details. 4. Flood Plain Management This project is not in a FEMA designated Flood Plain and therefore meets all requirements of the Edmonds Community Development Code relating to flood plain management. 5. Public Notice: Public Notice is required for subdivision applications. A public notice period was provided and no public comment letters were received. C. Complaince with the Zoning Code: 1. Townhouse Criteria 21.100.040: A. ECDC 21.100.040 establishes the following criteria for multiple dwelling unit type of townhouse: 1.) No dwelling unit overlapping another vertically; 2.) Common side walls joining units; 3.) Not more than six dwelling units in one structure; 4.) Coverage shall not exceed the aggregate coverage of the individual structures as defined in the zoning code; 5.) Lot area per unit for purposes of subdivision may be as small as the coverage of the individual unit, so long as the overall density meets the zoning on the site. Portions of the site not subdivided for individual units shall be held in common by the owners of the individual units. B. The multiple dwelling units on this property meet the townhouse criteria. C. Lot area, coverage, and density are all addressed under the proposal's compliance with the development standards of the zone in below section II.C.2 of the Staff Report. D. Proposed "Open Space" Tract: An open space detail page shows certain areas that are called out as "open space". An "open space agreement" refers to these areas as a tract although the map does not set them aside as a tract nor provide a description of them as an easement. Refer to Sheets 5 and 8 of Attachment 2. These "open space" areas are not inclusive of all landscaped areas on the site, as reflected on the approved landscape plan with the building permit. However, it appears that the intent is to create private yard areas for each of the units. If this is the intent, the designation of these as such should be called "yard" tracts or easements, rather than "open space" which has other connotations. Finally, the designation of these areas as "yard" tracts or easements on the recording documents should only be done in addition to the required landscape tract as described below. 6/3/2005/ Staff Report File No. S-05-35 Page 5 of 7 E. Required Landscape Tract: The City's concern is that any future owners of the lots established with this subdivision are fully aware that certain portions of the entire site have been approved as landscaped areas. These areas may be within the legal boundaries of a specific lot but any revisions to the areas will need to be agreed upon collectively by all the property owners of the site and consistent with the overall development of the site. Revisions to site landscaping also need to be reviewed and approved through the City's Design Review process. The areas where landscaping was approved on the site during the development of the triplex on the property in 2000 are shown on the approved landscape plan with the building permit for the triplex (Attachment 3). In order to address the above concerns, and for the proposal to be consistent with the townhouse criterion stated in above Section II.C.A.5. of the Staff Report, these areas where landscaping has been approved for the site should be called out as separate landscape tract or easement. Wording should also be included on the plat document that describes the obligation for maintenance of these areas and the requirement for City approvals for any revisions to these areas. 2. Multifamily RM-2.4 Zone Development Standards: A. Density: The proposal does not change the overall density of the site. Any future development on this site must meet the overall density of one unit per 2,400 square feet of lot area as required by the RM-2.4 zone. B. Lot Area: There are no lot area minimums for a townhouse subdivision but the proposed lot areas are shown on sheet one of the preliminary plat documents (Attachment 2). C. Lot Coverage: The proposal does not change the lot coverage on the site. Any future development on this site may not exceed the 45% maximum allowed by the RM-2.4 zone. D. Setbacks: A townhouse subdivision cannot reduce the perimeter setbacks below what they are normally required to be. Beyond that there are no setback requirements. This proposal does not change the setbacks of the buildings and structures on the site as they relate to the perimeter lot lines. A building dimension detail on Sheet 4 of the preliminary plat documents provides specific dimensions of the buildings on the site and their setback from the property lines (Attachment 2). Setbacks from perimeter lot lines are proposed as follows: Street setbacks from west property lines: 15' minimum (current development has 24.7' setback). Side setbacks from the north and south property lines: 10'(current development has 10' setback). Rear setback from the east property line: 15' minimum (current development has 15' setback). D. Compliance with Comprehensive Plan: The Comprehensive Plan designation of the site is Mixed -Use Commercial within the Medical - Highway 99 Activity Zone. The project was reviewed for consistency with the Comprehensive Plan during the Design Review process for the development of the site. The layout of the plat reflects the design of the site and no further development of the site is proposed at this time. Staff finds this project to comply with the provisions of the Comprehensive Plan, 6/3/2005/ Staff Report File No. S-05-35 Page 6 of 7 E. Compliance with 20.1513, Critical Areas Review: 1. Critical Areas Review: A critical areas checklist was submitted for the property in 1999. The property was reviewed and determined to not have or be adjacent to any features that the City considers to be critical areas. A waiver from completing any further critical areas studies was issued by the City. Both the applicant and the City have complied with the Critical Areas ordinance. III. RECONSIDERATIONS The following is a summary of the deadlines and procedures for filing reconsiderations. Any person wishing to file or respond to a recommendation -or appeal should contact the Planning Department for further procedural information. A. Request for Reconsideration Section 20.100.010.G allows for City staff to reconsider their decision if a written request is fled within ten (10) working days of the posting of the notice required by this section. The reconsideration request must cite specific references to the findings and/or the criteria contained in the ordinances governing the type of application being reviewed. B. Appeals Section 20.105.040 and 20.105.020 describes how appeals of a staff decision shall be made. The appeal shall be made in writing, and shall include the decision being appealed along with the name of the project and the date of the decision, the name of the individual or group appealing the decision, their interest in the matter, and reasons why the appellant believes the decision to be wrong. The appeal must be filed with the Community Development Director within fourteen (14) calendar days after the date of the decision being appealed. C. Time Limits for Reconsideration and Appeals The time limits for Reconsiderations and Appeals run concurrently. If a request for reconsideration is filed before the time limit for filing an appeal has expired, the time "clock" for fling an appeal is stopped until a decision on the reconsideration request is completed. Once the staff has issued his/her decision on the reconsideration request, the time clock for filing an appeal continued from the point it was stopped. For example, if a request is filed on day 5 of the appeal period, an individual would have 9 more days in which to file an appeal after the staff issues their decision on the reconsideration request. The property owner may as a result of the decision rendered by the staff request a change in the valuation of the property by the Snohomish County Assessor's Office. Attachments 1-3: 1. Zoning and Vicinity Map 2. Subdivision Map documents including easement and open space detail sheets. 3. Approved Landscape Plan for Site 6/3/2005/ Staff Report File No. S-05-35 Page 7 of 7 VI. PARTIES OF RECORD Hossein Ahmadnia Nasser Ahmadnia 431 NE Ravenna Blvd 433 NE Ravenna Blvd. Seattle, WA 98115 Seattle, WA 98115 Engineering Department Fire Department Parks Department Public Works Department Planning Department 6/3/2005/ Staff Report 21605 2600 PARKING ^� �.....� ZoningandVicinity Map SHORT SUBDIVISION NO. GRANTOR NASSER AHMADNIA 433 N.E. RAVENNA BLVD. SEATTLE. WA 98105 GRANTEE: CITY OF EDMONDS SNOHOMISH CO., WA. CONTACT PERSON: NASSER AHMADNIA (2D6) 235-2111 ABBREVIATED LEGAL LOT 7,PGS8 ESNOHOMSH COUNTY, WA ASSESSOR'S PARCEL g: 0050130000-0500 REFERENCE NO.'S FOR RELATED PROJECTS: DECLARATION. WE THE UNDERSIGNED, OWNER(S) IN FEE SIMPLE (AND CONTRACT PURCHASER(S)I OF THE LAND HEREIN DESCRIBED DO HEREBY MAKE A SHORT SUBDIVISION THEREOF PURSUANT TO RCW 58.17.060 AND DECLARE THIS SHORT PLAT TO BE THE GRAPHIC REPRESENTATION OF SAME, AND THAT SAID SHORT SUBDIVISION IS MADE WITH THE FREE CONSENT AND IN ACCORDANCE WITH THE DESIRE OF THE OWN£R(S). IN WITNESS WHEREOF WE HAVE SET OUR HANDS AND SEALS. STATE OF WASHINGTON ) SS COUNTY OF SNO140MISH ) ON THIS DAY OF 2DO5 BEFORE ME, THE UNDERSIGNED, A NOTARY PUBLIC IN AND FOR THE STATE OF WASHINGTON. DULY COMMISSIONED AND SWDRN, PERSONALLY APPEARED NASSER AHMADNIA, TO ME KNOWN TO BE THE INDIVIDUAL DESCRIBED IN AND WHO EXECUTED THE FOREGOING INSTRUMENT FOR HIMSELF, AND ACKNOWLEDGED TO ME THAT HE SIGNED AND SEALED THE SAME AS HIS VOLUNTARY ACT FOR THE USES AND PURPOSES THEREIN MENTIONED. WITNESS MY HAND AND OFFICIAL SEAL HERETO AFFIXED THE DAY AND YEAR IN THIS CERTIFICATE ABOVE WRITTEN. NOTARY PUBLIC IN AND FOR THE STATE OF WASHINGTON RESIDING AT APPROVALS APPROVED AND AUTHORIZED FOR RECORDING BY THE CITY OF EDMONDS NOTES: k - 1. THIS SURVEY WAS PERFORMED BY FIELD TRAVERSE USING A 10 SECOND 'TOTAL STATION' THEODOLITE SUPPLEMENTED WITH A 100 F7 STEEL TAPE. THIS SURVEY MEETS OR EXCEEDS THE STANDARDS FOR L k sly. LAND BOUNDARY SURVEYS AS SET FORTH IN WAC CHAPTER 332-130-090. 2. BASIS OF BEARINGS - PLAT RECORDED IN VOLUME 17 OF PLATS, PAGE 87. RECORDS OF SNOHOMISH COUNTY, WA. MAW 3. THE LOTS CREATED BY THIS UNIT SUBDIVISION ARE NOT SEPARATE BUILDABLE LOTS. ADDITIONAL DEVELOPMENT ON THESE UNIT LOTS IN THIS UNIT SUBDIVISION MAY BE LIMITED AS A RESULT OF THE APPLICATION OF DEVELOPMENT SCALE 1'-20' STANDARDS TO THEIR PARENT LOT PURSUANT TO APPLICABLE PROVISIONS OF THE SEATTLE LAND USE CODE. 0 10 20 40 __ S 8915'30' E r824T _ �- 214TH ST. S. W. A = 4625'42' R = 40.00' L - 91.71' IN o l+ I� w N 89T5'43' W �s b I 90' E IN ENGINEERING DIVISION BY 2005 THIS DAY OF �ryQ� NPROVED AND AUTHORIZED FOR RECORDING BY THE CITY OF EDA40NDS ILANNING DIVISION BY f ! THIS DAY OF 2005I. uWp ;KOHOML9H COUNTY DEPT. OF ASSESSMENTS VATS XAMINED AND APPROVED THIS -DAY OF 2005 CENTERLINE MONUMENT FOUND EXISTING MONUMENT IN CASE ON 02/18/05 4g � S 8578108 _ W SEE SHEETS 2 AND 3 6�4T FOR EASEMENT DETAILS 1S1.64' N 8528'08' E 64.87' .+* ee.0 w p WY ® N r + 2.188 S0. FT. Q O umw t O 66.6Z g Lore L� F' a 1,449 SO. FT. in FT NL1,17,01, E 66.63' m O O O m Z155 SO. FT. '$ =r 74.45' 66.66' N 89'15'48' W 141.11' L®7'e FOUND EXISTING REBAR WITH SURVEYOR'S CAP STAMPED 'LS 30442" AS PER UNRECORDED SITE PLAN PREPARED BY DA VID G WEST A. P.L.S., (JOB j2000-006) AND DATED JAN. 26, 20DO (TYPICAL) al q -I CALCULATED CENTERLINE INTERSECTION PER PLAT RECORDED VOLUME 17 OFPLATS, PACE 87, RECORDS OF SNOHOMOSH COUNTY, WA (TYPICAL) 216TH ST. S. W. SSESSOR: �or� WORDING CERTIFICATE 2005 SURVEYORS CERTIFICATE CHA.D jyjC A- & 11 {%T ERTSY �1�IQp �( pF�ffl el%1� 1/4 MwYK SEC 2r T. 6®N., A 4A, D-M L4JV J ,SURVEYINC, INC. £D FOR RECORD THIS --DAY OF _. _.M. IN VOLUME-- OF SURVEYS, THIS MAP CORRECTLY REPRESENTS A SURVEY MADE BY ME OR UNDER MY DIRECTION IN CONFORMANCE ���j�,gUJ�/!.Nf�/J � SCE- AT THE REQUEST OFCHADMCK & WINTERS WITH THE REOUIREMENTS OF THE SURVEY RECORDING 14EE MI. IA 98117 /V ACT AT THE REQUEST OF NASSER AHMADNIA. NE : (20ST_ 297-0rA PHONE : (20B) 297-0896 A8T a-.uaAno PARTMENT OF RECORDS & ELECTIONS IN F6.�> 2005. FAX : (206) 297-0997 PAX 0.l6C7 PA gr. Ixs gA1a: 03MI05 PR0: °�-•� E-MAIL : CAL4NDSVRVEYOQWEST.NET cRIL gr. ANW SGLS: r - Yo' sms", I O 8 WAGER SUPT OF RECORDS R.H. N.ff�RS, LS 18f04 SHORT SUBDIVISION NO. SCALE: 1'-10' 0 5 10 20 A — 4525*42' R = 40.00' L = 31.71' ss O O O to LOCATION OF EASEMENT AREA FOR — INGRESS, EGRESS, U77LI77ES (INCLUDING BUT NOT LIMITED TO UNDERGROUND WATERLINE, POWER, GAS, TELEPHONE, TELECABLE, SANITARY SEWER, STORM SEWER) AND FOR BUILDING REPAIR AND MAINTENANCE (TYPICAL) MAINTENANCE AGREEMENT , 42 m•. AN ADDRESS SIGN FOR ALL UNITS IS TO BE POSTED AT A LOCATION VISIBLE FROM 73RD PL S.W. AND IS TO BE MAINTAINED EQUALLY BY ALL UNITS WITHIN THIS UNIT LOT SUBDIVISION TT 8528'08_S 865618 _£-.^___ '..1 — 23_JO' l0 E .-•-- . - NIB. yl � i,_ .•`m SAID EASEMENTS OF THIS SHORT PLAT TO BE EQUALLY MAINTAINED, REPAIRED, AND\OR REBUILT BY THE OWNERS OF THE PARCELS HAVING LEGAL ACCESS AND UTILITY SERVICE THEREFROM AND THEIR HEIRS ASSIGNS AND SUCCESSORS. INDIVIDUAL UTILITY SERVICE LINES ARE THE SOLE RESPONSIBILITY OF THE OWNERS OF THE UNIT OR PARCEL THE INDIVIDUAL SERVICE LINE SERVES UTILITY SERVICE LINES WHICH SERVICE MORE THAN ONE UNIT OR PARCEL SHALL BE EQUALLY MAINTAINED, REPAIRED, AND\OR REBUILT BY THE OWNERS OF THE UNITS OR PARCELS SERVICED. THIS MAINTENANCE AGREEMENT COVERS NORMAL USAGE, WEAR AND TEAR, AND LIFE EXPECTANCY OF MATERIALS ANY DAMAGE INCURRED BY AN INDIVIDUAL OWNER SHALL BE REPAIRED AND\OR RESTORED TO PRE DAMAGED CONDITION WITHIN 30 DAYS THE OWNER WHICH INCURRED THE DAMAGE SHALL BE SOLELY RESPONSIBLE FOR THE COST OF REPAIR OR REPLACEMENT OF THE MATERIALS. IN NO EVENT SHALL ACCESS OR UTILITY SERVICE BE DENIED OTHER PROPERTY OWNERS OF SAID EASEMENTS FOR MORE THAN 24 HOURS. ,c it _<< �'• � �=' 1 = ri' . j, 1 Qb+etafi° memo NmAm DAIS B 1SL64 N 0T45'02' E 4.22' LWE TABLE SHORT SUBDIVISION NO. 131.84' P 85 2B'OB" S N O �+ O 15.0' SCALE: I'-10' +, J4.2 0 5 10 20 ?a r R = 40.00' to L = 31.71' 24, 7• EXISTING BUILDING rj FOOTPRINT Cn Co O 1.0• Ch m LO A ®��® N U 4 C5 � ---EXISTING BUILDING FOOTPRINT O N � p N ®Ap O W/ m 30.6' 26.5' 34.3' N Oi O p b N 8915'43" F 141.Y1' CM.0 #rICff Gti 1/ ll Y l li l d S%ii3'���i'/1% LAND SURVEYING, INC. 1422 MIT.86TH Sr.. SEATTLB. WA 98/17 IfBAWNOf/'(�In WNo PHONE : (206) 297-0996 iCYI: FAX: (206) 297-0997 amp E—"L : C/LANDSURVEYOQWSST.NET DRAM Dr.ees wrz. W /b1/b5 PR0./1'C1' /: Oh3326 �� CBK BY. WW SCALE: r . 10' SHS87: 4 OF 8 SHORT SUBDIVISION NO. LOCA77ON OF AREA TO BE DESIGNATED AS 'OPEN SPACE' AS PER THIS UNIT ,. LOT SUBDINSION (TYP(CAL) Y� 131,84' N 85 28'08" g Lol° O 5 10 20 S \ 6 A - 4525W'42' N R - 40.00 m L = 31.71' o x LO A Z,.6• Q / 0 a o C4 6.0' b 20.9 N 89,75 G3" N 14L11' CHAD XIC & NW YK MW 8/4 MEC A F. 2YN, X 4E, W.M LAND SURVEYING, INC. MOMOAM WAMMMM 1422 N.V. 85PH ST., SEAM9. AA 98117 PHONE : (206) 297-0998 P tar �°11• �`N PAX. (206) 297-0997 °'"r�°'•o'� my eAn/ro S-NAIL : CALANDSURVEY®QWEST.NBT DRArN BY, RCS wm gT/ups RROJ6Cl 0: a-3320 DA7S CAK BY. RMr SGAld: r' - t0 Wn7`. 5 OF 8 SHORT SUBDIVISION NO. ORICINAL PROPERTY BESCRIPTION (11,580 SO. FT.) LOT 5, LUSCHEN'S TRACTS, DIVISION NUMBER J. ACCORDING TO THE PLAT RECORDED IN FUME 17 OF PLATS, PAGE 87, RECORDS OF SNOHOMISH COUNTY, WA. UNIT LOT A (5,788 SO. FT.) THAT PORTION OF LOT 5. LUCHENS TRACTS DMSIOI NUMBER 3. ACCORDING TO THE PLAT RECORDED IN VOLUME 17 OF PLATS, PAGE 87, RECORDS OF SNOHOMISH COUNTY, WA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS BEGINNING AT THE SW. CORNER OF SAID LOT 5; THENCE N 0031'03' W ALONG THE WEST LINE OF SAID LOT FOR A DISTANCE OF 48.43 FT. TO A POINT OF CURVATURE: THENCE NORTHEASTERLY ALONG A CURVE TO THE LEFT, HAVING A RADIAL BEARING OF N 49'06'10" W, A CENTRAL ANGLE OF 4525'42", A RADIUS OF 40.00 FT., FOR A DISTANCE OF 31.71 FT.; THENCE N 85'28'08' E 64.87 FT; THENCE S OV23'34" E. 83.87 FT.; THENCE N 89'1543" W, 74.45 FT TO THE POINT OF BECINNING SUBJECT TO AND TOGETHER WITH AN EASEMENT FOR INGRESS, EGRESS AND U7ILIRES, INCLUDING BUT NOT LIMITED TO UNDERGROUND WATERLINE, POWER, GAS, TELEPHONE 7ELECABLE, SANITARY SEWER, STORM SEWER AND FOR BUILDING REPAIR AND MAINTENANCE AS SHOWN AND DESCRIBED AS "INGRESS, EGRESS AND U77UTY EASEMENT" ON CITY OF EDMONDS TOWNHOUSE SUBDIVISION NO. AND SUBJECT TO AND TOGETHER WITH AN EASEMENT FOR UTILITIES, INCLUDING BUT NOT LIMITED TO UNDERGROUND WATERLINE, POWER, GAS, TELEPHONE, TELECABNE, SANITARY SEWER, STORM SEWER AND FOR BUILDING REPAIR AND MAINTENANCE AS SHOWN AND DESCRIBED AS "UTILITY EASEMENT" ON CITY OF EDMONDS TOWNHOUSE SUBDIVISION NO. AND SUBJECT TO AND TOGE78M WITH ALL AGREEMENTS FOR UTIU71ES. OPEN SPACE, ADDRESS SIGNAGE AND MAINTENANCE AS SHOWN AND DESCRIBED UPON SUBDIVISION NO. UNIT LOT B (2,188 SO. FT.) THAT PORTION OF LOT 5 . LUCHENS TRACTS DIVISION NUMBER 3, ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME 17 OF PLATS, PAGE 87. RECORDS OF SNOHOMISH COUNTY, WA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE N.E. CORNER OF SAID LOT 5; THENCE S 0025'30" E ALONG THE EAST LINE OF SAID LOT FOR A DISTANCE OF M26 FT., THENCE S 8737'01" W, 66.62 FT.; THENCE N 00'23'34" W, 30.43 FT; THENCE N 83'28'08" E 66.77 FT TO THE POINT OF BECINNINC SUBJECT TO AND TOGETHER WITH AN EASEMENT FOR INGRESS, EGRESS AND UTILITIES, INCLUDING BUT NOT LIMITED TO UNDERGROUND WATERLINE POWER, GAS, TELEPHONE, TELECABLE SANITARY SEWER, STORM SEWER AND FOR BUILDING REPAIR AND MAINTENANCE AS SHOWN AND DESCRIBED AS "INGRESS, EGRESS AND U7ILITY EASEMENT" ON CITY OF EDMONDS TOWNHOUSE SUBDIVISION NO. AND SUBJECT TO AND TOGETHER WITH AN EASEMENT FOR UIILJ77M INCLUDING BUT NOT LIMITED TO UNDERGROUND WATERLINE POWER, GAS. TELEPHONE TELECABLE. SANITARY SEWER, STORM SEWER AND FOR BUILDING REPAIR AND MAINTENANCE AS SHOWN AND DESCRIBED AS "UTILITY EASEMENT' ON CITY OF EDMONDS TOWNHOUSE SUBDIVISION NO. AND SUBJECT TO AND TOGETHER WITH ALL AGREEMENTS FOR COMMON WALL. U71LITTES OPEN SPACE, ADDRESS SIGNAGE AND MAINTENANCE AS SHOWN AND DESCRIBED UPON SUBDIVISION N0. o'v'P'm Wei\� mmo AUmNa DAM UNIT LOT C (1.449 _SO. FT.) THAT PORTION OF LOT 5, LUCHENS TRACTS DIVISION NUMBER 3, ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME 17 OF PLATS, PAGE 87, RECORDS OF SNOHOMISH COUNTY, WA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE S.E. CORNER OF SAID LOT 5; THENCE N 00,25'30" W ALONG THE EAST LINE OF SAID LOT FOR A DISTANCE OF 32.99 FT TO THE POINT OF BEGINNING, THENCE S 89,37*01' W. 66.63 FT, THENCE N 00'23'34" W, 21.75 FT.; THENCE N 89'37'01" E, 66.62 FT.; THENCE S 00'25'30' E, 21.75 FT. TO THE P007 OF BEGINNING. SUBJECT TO AND TOGETHER WITH AN EASEMENT FOR INGRESS, EGRESS AND U7IU7IES, INCLUDING BUT NOT LIMITED TO UNDERGROUND WATERLINE POWER, GAS, TELEPHONE, TELEGASLE SANITARY SEWER, STORM SEWER AND FOR BUILDING REPAIR AND MAINTENANCE AS SHOWN AND DESCRIBED AS "INGRESS EGRESS AND UTILITY EASEMENT" ON CITY OF EDMONDS TOWNHOUSE SUBDIVISION NO. AND SUBJECT TO AND TOGETHER WITH AN EASEMENT FOR UTILITIES, INCLUDING BUT NOT LIMITED TO UNDERGROUND WATERLINE. POWER. GAS, TELEPHONE, TELECABLE SANITARY SEWER, STORM SEWER AND FOR BUILDING REPAIR AND MAINTENANCE AS SHOWN AND DESCRIBED AS "UTILITY EASEMENT' ON CITY OF EDMONDS TOWNHOUSE SUBDIVISION NO, AND SUBJECT TO AND TOGETHER WITH ALL AGREEMENTS FOR COMMON WALL. UTILITIES, OPEN SPACE, ADDRESS SIGNAGE AND MAINTENANCE AS SHOWN AND DESCRIBED UPON SUBDIVISION NO. UNIT LOT B (2,155 SO. FT) THAT POR77ON OF LOT 5. LUCHENS TRACTS DIVISION NUMBER 3. ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME 17 OF PLATS, PAGE 87. RECORDS OF SNOHOMISH COUNTY, WA. BEING MORE PARTCULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE S.E. CORNER OF'SAID LOT 5; THENCE N 89'15'43' W ALONG THE SOUTH LINE OF SAID LOT FOR A DISTANCE OF 66.66 FT.: THENCE N 00'2334" W. 31.68 FT.; THENCE N 89'37'01" E 66.63 FT.; THENCE S 00'2530" E 32.99 FT. TO THE POINT OF BEGINNING. SUBJECT TO AND TOGETHER WITH AN EASEMENT FOR INGRESS, EGRESS AND UTILITIES, INCLUDING BUT NOT LIMITED TO UNDERGROUND WATERLINE, POWER, GAS, TELEPHONE TELECABLE SANITARY SEWER, STORM SEWER AND FOR BUILDING REPAIR AND MAINTENANCE AS SHOWN AND DESCRIBED AS "INGRESS, EGRESS AND U77UTY EASEMENT" ON CITY OF EDMONDS TOWNHOUSE SUBDIVISION NO. AND SUBJECT TO AND TOGETHER WITH AN EASEMENT FOR U77LI77M INCLUDING BUT NOT LIMITED TO UNDERGROUND WATERLINE. POWER, GAS, TELEPHONE TELECABLE. SANITARY SEWER, STORM SEWER AND FOR BUILDING REPAIR AND MAINTENANCE AS SHOWN AND DESCRIBED AS "UTILITY EASEMENT- ON CITY OF EDMONDS TOWNHOUSE SUBDIVISION NO. AND SUBJECT TO AND TOGETHER WITH ALL AGREEMENTS FOR COMMON WALL, U711.177ES OPEN SPACE, ADDRESS SIGNAGE AND MAINTENANCE AS SHOWN AND DESCRIBED UPON SUBDIVISION NO. SHORT SUBDIVISION N0. JNGBESS, EGAtESS & UTJ67TY EASEtBNT AN EASEMENT FOR INGRESS, EGRESS AND UTILITIES INCLUDING BUT NOT LIMITED TO UNDERGROUND WATERLINE POWER, GAS, TELEPHONE, TELECABLE SANITARY SEWER, STORM SEWER AND FOR BUILDING REPAIR AND MAINTENANCE. THAT PORTION OF LOT 5 , LUCHEN'S TRACTS DIVISION NUMBER 3, ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME 17 OF PLATS PAGE 87. RECORDS OF SNOHOMISH COUNTY, WA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. COMMENCING AT THE S.W. CORNER OF SAID LOT 5, THENCE N 00'3120" W ALONG THE WEST LINE OF SAID LOT FOR A DISTANCE OF 5.03 FT. TO THE PolNT OF BBCINN/NC, THENCE N 0(730'59" W. 17.75 FT.; THENCE N 8T33'08' E, 1.92 FT.; THENCE S 7621'47' E 6.23 FT; THENCE S 14'3732" E. 4.73 FT.; THENCE S 34*41*49' E 3.94 FT.; THENCE S 61'5857' E. 5.22 FT.; THENCE S 8250'43' E 4.71 FT.; THENCE S 89'46'06' E 36.91 FT.; THENCE N 00'46'35' W, 14.99 FT.; THENCE S 88'2533" E 7.64 FT.; THENCE N 54'11'56' E, 3.33 FT.; THENCE N 06"03'21' E. 15.52 FT.; THENCE N OP5524' W, 1753 FT.; THENCE N 89'32'10' W, 37.89 FT.; THENCE S 7344'18' W, 18.48 FT.; THENCE S 764752 W, 10.35 FT. TO A POINT OF CURVATURE; THENCE NORTHEASTERLY ALONG A CURVE TO THE LEFT. HAVING A RADIAL BEARING OF N 5700'17' W, A CENTRAL ANGLE OF 33'22'04.A RADIUS OF 40.00 FT., FOR A DISTANCE OF 23.30 FT.; THENCE N 570157' E, 6.09 FT.. THENCE N 85'28'08' E 33.76 FT; THENCE S 86'56'18' E, 43.81 FT.; THENCE S 0745'02' W. 4.22 FT.; THENCE S 00'19'34' E 21.36 FT. THENCE S 87'5822' W. 0.97 FT.; THENCE S 00'2635' E, 22.56 FT.; THENCE N 8758'11" E, 1.02 FT.; THENCE S 00'23'38' E. 2L42 FT.; THENCE S 84'36'51' W. 8.80 FT,; THENCE S 40'05'17, 5.51 FT.; THENCE S 78'14'16" W. 23.06 FT.; THENCE N 89'15'43" W, 46.49 FT.; THENCE N 63'J954" W. 11.64 FT TO THE POINT OF BEG/NN/NG. UT!/JTY EASEMENT AN EASEMENT FOR UTILITIES INCLUDING BUT NOT LIMITED TO UNDERGROUND WATERLINE POWER, GAS, TELEPHONE TELECABLE SANITARY SEWER, STORM SEWER AND FOR BUILDING REPAIR AND MAINTENANCE. THAT PORTION OF LOT 5, LUCHEN'S TRACTS DIVISION NUMBER 3, ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME 17 OF PLATS, PACE 87 RECORDS OF SNOHOMISH COUNTY, WA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. BEGINNING AT THE S.E. CORNER OF SAID LOT 5, THENCE N 8975'43' W ALONG THE SOUTH LINE OF SAID LOT FOR A DISTANCE OF 84.23 FT.; THENCE N 78T4'16' E, 23.06 FT.; THENCE N 40'05'17" E, 5.51 FT.; THENCE N 84.3650' E 8.80 FT.; THENCE N 8730'05" E 34.19 FT.; THENCE N 00'23'34' W, 65.26 FT.; THENCE S 89'37'01" W, 34.23 FT.; THENCE N 0745'02' E 4.22 FT., THENCE N 8656'18' W, 43.81 FT; THENCE N 85'28'08' E 9263 FT.; THENCE S OD'2530' E 90.00 FT. TO THE POINT OF BEGINNING 4,C , !Calm 4PnA�s pAYg. cS SHORT SUBDIVISION NO. COMMON FALL AGREEMENT WTTNESSETH, THAT FOR AND IN CONSIDERATION OF THE MUTUAL COVENANTS HEREIN EXPRESSED, IT IS HEREBY AGREED BETWEEN THE PARTIES THAT. IST - THE WALLS WHICH ARE ON THE LOT LINES SEPARATING THE INDIVIDUAL TOWNHOMES ARE HEREBY DECLARED TO BE A 'COMMON WALL' THE TERM 'COMMIX) WALL' INCLUDES EVERYTHING LOCATED WITHIN SUCH WALL (SUCH AS FRAMING, INSULATION, SOUNDPROOFING, PIPES, WIRES, JOISTS, JUNCTION BOXES, AND OTHER MATERIAL OR EQUIPMENT RELATED TO THE UTILITIES), AND BELOW THE WALL (SUCH AS THE SURFACE OF THE GROUND AND FOOTINGS LOCATED IN THE GROUND), AND ABOVE THE WALL (SUCH AS RAFTERS AND ROOF), AND ON THE SIDES OF THE WALL INCLUDING THE EXTERIOR SIDING. 2ND - 1F THE 'COMMON WALL' IS DAMAGED OR DESTROYED FROM ANY CAUSE WHICH IS NOT THE RESULT OF FAULT OR NEGLIGENCE OF EITHER OF THE OWNERS OR OTHER PERSONS USING THE ADJOINING HOUSES, OR IS THE RESULT OF THE JOINT OR CONCURRING FAULT OF EACH OWNER OR OTHER PERSONS OCCUPYING OR USING THEIR RESPECTIVE HOUSES THEN EACH OWNER SHALL BE RESPONSIBLE FOR THE COST TO REPAIR THEIR PORTION OF THE WALL, EXCEPT FOR THOSE UTILITIES THAT ARE IN THE WALL AND COMMON TO BOTH HOUSES, THE REPAIR SHALL BE SHARED EQUALLY. 3RD - IF THE 'COMMON WALL' IS DAMAGED OR DESTROYED FROM ANY CAUSE WHICH IS THE RESULT OF FAULT OR NEGLIGENCE OF EITHER OF THE OWNERS OR OTHER PERSONS USING THE ADJOINING HOUSES, THEN THAT RESPONSIBLE OWNER SHALL BEAR THE SOLE COST OF REPAIR OR RECONSTRUCTION. 4TH - WHEN NECESSARY TO REPAIR OR RECONSTRUCT THE 'COMMON WALL'. THE PARTIES TO THIS AGREEMENT SHALL HAVE THE RIGHT OF ENTRY FOR THAT PURPOSE. 51H - THIS AGREEMENT SHALL BE A COVENANT RUNNING WITH THE LAND AND SHALL BE BINDING UPON ALL PARTIES AND THEIR HEIRS AND ASSIGNS FOREVER. ELECTRICAL, TELEPHONE & CABLE T.Y. EASEMENT\AGREEMENT MTNESSETH: THAT FOR AN IN CONSIDERATION OF THE MUTUAL COVENANTS HEREIN. EXPRESSED, IT IS HEREBY AGREED BETWEEN THE PARTIES THAT. IST - AN EASEMENT FOR ELECTRICAL, TELEPHONE AND CABLE TELEVISION CONNECTION AND METER BOXES AS CONSTRUCTED SHALL BE GRANTED. CABLES SHALL RUN UNDERGROUND AND THROUGH THE BUILDINGS FROM THIS COMMON CONNECTION POINT TO EACH PARCEL. 2ND - THERE SHALL BE A COMMON CONNECTION AND THE LINES SHALL BE AS CONSTRUCTED FOR THE USE AND BENEFIT OF ALL PROPERTIES 3RD - THE COST OF MAINTENANCEE, REPAIR OR RECONSTRRUC77ON OF THAT PORTION OF THE DISTRIBUTION SYSTEM USED IN COMMON SHALL BE BORNE IN EQUAL SHARES, EXCEPT WHEN SUCH REPAIRS OR RECONSTRUCTION ARE DUE TO DAMAGES FOR WHICH A SINGLE OWNER IS RESPONSIBLE, THEN THAT OWNER SHALL BE RESPONSIBLE FOR THE COST. 4TH - THIS AGREEMENT SHALL BE A COVENANT RUNNING WATH THE LAND AND SHALL BE BINDING UPON ALL PARTIES AND THEIR HEIRS AND ASSIGNS FOREVER. ADDRESS SIGN MAINTENANCE AGREEMENT ALL UNIT LOTS BENEFITING FROM THE POSTING OF THE ADDRESS SIGN AS SHOW HEREON ARE RESPONSIBLE FOR ITS MAINTENANCE, SHARING EQUALLY IN THE COST OF REPAIR AND\ OR MAINTENANCE TO SAID ADDRESS SIGN. COMMON MAINTENANCE AGREEMENT MINESSETH, THAT FOR AND IN CONSIDERATION OF THE MUTUAL COVENANTS HEREIN EXPRESSED, IT IS HEREBY AGREED BETWEEN THE PARTIES THAT, IST - EACH OWNER IS RESPONSIBLE FOR THE MAINTENANCE, REPAIR AND WELL KEEPING OF THEIR INDIVIDUAL TOWNHOME EACH OWNER SHALL KEEP THEIR TOWNHOME AND PROPERTY IN GOOD STATE OF REPAIR AND WALL KEEP THE DRIVEWAY (PERMANENT EASEMENT FOR INGRESS, EGRESS AND UTILITY) CLEAR AT ALL TIMES. EASEMENTS HAVE BEEN GRANTED AND ARE PART OF THE SHORT PLAT FOR WALKING ACCESS, STREET ENTRY AND PARKING. ALL OWNERS ARE TO .SHARE EOUALLY IN THE MAINTENANCE AND REPAIR OF THE INGRESS, EGRESS EASEMENT AREAS. LANDSCAPE MAINTENANCE IS THE RESPONSIBILITY OF THE INDIVIDUAL LOT OWNER BUT IT IS EXPECTED THAT ALL USERS OF THE ACCESS EASEMENTS WILL DO SO WITH CARE AND RESPECT FOR THE APPEARANCES OF THE WALKWAYS AND DRIVEWAYS 2ND - EACH ROOF SHALL BE CARED FOR AND MAINTAINED BY THE OWNER OF THE PROPERTY UPON WHICH THE ROOF IS LOCATED. IN THE EVENT A PROPERTY OWNER INTENDS TO REPAIR OR REPLACE HIS ROOF, IT IS HEREBY AGREED THAT THE MATERIALS WILL BE SIMILAR IN TYPE, QUALITY AND COLOR OF THE ORIGINAL ROOF, UNLESS MUTUALLY AGREED UPON AND THE COST OF SUCH IS THE SOLE RESPONSIBILITY OF THE INDIVIDUAL PROPERTY OWWNER MAKING THE ROOF REPAIR OR REPLACEMENT. HOWEVER, IN THE EVENT OF A TOTAL ROOF REPLACEMENT FOR A BUILDING, THE COSTS MU. BE SHARED EQUALLY BETWEEN THE PROPERTY OWNERS OF THAT BUILDING, SUCH A ROOF REPLACEMENT WALL BE REQUIRED EVERY 25 YEARS UNLESS DELAYED BY MUTUAL AGREEMENT OF THE OWNERS OF THAT 3RD - SIDING SHALL BE CARED FOR AND MAINTAINED BY THE OWNER OF THE PROPERTY UPON WHICH THE SIDING IS LOCATED. IN THE EVENT A PROPERTY OWNER INTENDS TO REPAIR OR REPLACE HIS SIDING, IT IS HEREBY AGREED THAT THE MATERIALS MLL BE SIMILAR IN TYPE, QUALITY AND COLOR OF THE ORIGINAL SIDING, UNLESS MUTUALLY AGREED UPON, AND THE COST OF SUCH IS THE SOLE RESPONSIBILITY OF 'THE INDIVIDUAL PROPERTY OWNER MAKING THE SIDING REPAIR QU REPLACEMENT. HOWEVER, IN TILE EVENT OF A - TOTAL SIDING REPLACEMENT FOR A BUILDING, COSTS WILL BE SHARED EQUALLY BETWEEN PROPERTY OWNERS OF THAT BUILDING 4TH - THIS AGREEMENT SHALL BE A COVENANT RUNNING WITH THE LAND AND. SHALL BE BINDING UPON ALL PARTIES AND THEIR HEIRS AND ASSIGNS FOREVER. OPEN SPACE AGREEMENT THE UNIT LOTS AS SHOWN AND DESCRIBED HEREON, EACH HAVE A PERMANENT, DEDICATED OPEN SPACE AND LANDSCAPE TRACT AS SHOWN ON THE FACE OF THE SHORT PLAT. THE OPEN SPACE AND LANDSCAPE TRACT IS FOR THE USE OF THE UNIT LOT IT IS ASSOCIA Tb V47H AND IS TO BE MAINTAINED BY THE OWNERS OF THE UNIT LOT. THE OWNERS OF THE UNIT LOTS OR THEIR GUESTS OR INVITEES SHALL NOT USE OR ENTER THE OPEN SPACE AND LANDSCAPE TRACT OF OTHER UNIT LOT OWNERS WITHOUT THE PERMISSION OF SAID UNIT LOT OWNERS. THIS AGREEMENT SHALL BE A COVENANT RUNNING WITH THE LAND AND SHALL BE BINDING UPON ALL PARTIES AND THEIR HEIRS AND ASSIGNS FOREVER, a f-�t1M -haP � F.rouunn�t I {� i 3 � �f� �XtSt UtktKu„ry ��atiIQ M lM-uSt cs�n1cE z - t.�6PA.� �St,K..lQtt0�1 -_ i,tTr 5 (,uSGiF,h! 1RAtts , R'-ufr Q O qo, - WTW. a Yentas. � 89 fs 3 r 4 1 {{''V � 1L� --