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.
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2005
THIS DAY OF
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THIS DAY OF 2005I.
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;KOHOML9H COUNTY DEPT. OF ASSESSMENTS
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FOUND EXISTING MONUMENT IN CASE
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SNOHOMOSH COUNTY, WA
(TYPICAL)
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SSESSOR:
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2005
SURVEYORS CERTIFICATE
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NE : (20ST_ 297-0rA
PHONE : (20B) 297-0896
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PARTMENT OF RECORDS & ELECTIONS
IN F6.�> 2005.
FAX : (206) 297-0997
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LOCATION OF EASEMENT AREA FOR —
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WATERLINE, POWER, GAS, TELEPHONE,
TELECABLE, SANITARY SEWER, STORM
SEWER) AND FOR BUILDING REPAIR AND
MAINTENANCE (TYPICAL)
MAINTENANCE AGREEMENT
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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
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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.
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SHORT SUBDIVISION NO.
LOCA77ON OF AREA TO BE DESIGNATED
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131,84'
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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.
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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
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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,
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