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PLN20150040_StaffReport_withAttachments.pdf111c. 189v CITY OF EDMONDS 121 5th Avenue North, Edmonds WA 98020 Phone: 425.771.0220 • Fax: 425.771.0221 • Web: www.edmondswa DEVELOPMENT SERVICES DEPARTMENT • PLANNING DIVISION PLANNING DIVISION PRELIMINARY REVIEW FINDINGS, CONCLUSIONS, & DECISION Project: N.W. Preferred Funeral Services\Select Homes Lot Line Adjustment File Number: PLN20150040 Date of Report: Sept ber 1, 2015 Reviewed By: K rnen Lien, Senior Planner I. INTRODUCTION The applicants are proposing to adjust the boundary lines among four properties, three of the tracts are owned by N.W. Preferred Funeral Services and located at the Restlawn Cemetery located at 23800 — 104th Avenue West and the fourth property at 23920 — 1041h Avenue West is owned by Select Homes (Attachments 1 — 2). The lot line adjustment will reconfigure some of the cemetery parcels and convey 5,431 square feet to the Select Homes property. The subject properties are located within the RS-8 Single -Family Residential zone. The following is staff's analysis and decision on the proposal. II. FINDINGS AND CONCLUSIONS A. GENERAL INFORMATION 1. Request: The applicants are proposing to adjust the boundary lines among three tracts at the Restlawn Cemetery addressed as 23800 — 1041h Avenue West (Parcels B, C, and D) and convey 5,431 square feet to 23920 — 104th Avenue West (Parcel A). 2. Review Process: A lot line adjustment is a Type I decision pursuant to ECDC 20.01.003. The director or his designee reviews the project and issues an administrative decision pursuant to ECDC 20.75.050(C). 3. Owners: N.W. Preferred Funeral Services, Jim Letson (23800 — 104`h Ave. W.) Select Homes, Douglas Wrigley (23920 — 1041h Ave. W) 4. Applicant: Select Homes, Craig Pierce 5. Tax Parcel Numbers: Parcels B, C, and D as identified on the lot line adjustment document in Attachment 2 are comprised of two Snohomish County Tax Parcel Nos. 00452700000500 and 00452700000200. Parcel A is comprised of Snohomish County Tax Parcel No. 2703 3 6003 03 000. PLN20150040 — N.W. Preferred Funeral Services/Select Homes Lot Line Adjustment Page 1 of 5 6. Location: 23800 — 100 Avenue W (Parcels B, C, and D) and 23920 — 104th Avenue W (Parcel A), Edmonds WA 98026 (Attachment 3). 7. Zoning: The site is zone RS-8 (Single-family Residential; 8,000 minimum lot size). 8. Acreage / Square Footage: The lot line adjustment will result in the reconfiguration of Parcels B, C, and D and the conveyance of 5,431 square feet to parcel A. All revised parcels will contain at least 8,000 square feet of lot area. Existing Use: Parcels B, C, and D are part of the Restlawn Cemetery. The 5,431 square feet being conveyed to Parcel A has been dededicated from cemetery designation (Attachment 4). Parcel A is currently vacant. 10. Proposed Use: Parcel A is currently being review for a four -lot short subdivision and also has an active application for a single family residence. Parcel C may be subdivided for residential purposes at some point in the future. Parcel B and D are intended to remain in cemetery use. 11. Shoreline Management: None of the subject parcels is located within shoreline jurisdiction. Therefore, the proposal is not subject to Shorelines of the State regulations. 12. Access: Parcel A is accessed from 1041h Avenue West. Parcel B fronts on 237`h Place SW and provides access to Parcels C and D. Access to any of the parcels from the City property to the south is limited by City of Edmonds' Resolution No. 1005 (Attachment 5), which limited the use of the City property to 1) previously established access, 2) maintenance for utilities, and 3)for emergency access purposes. If Parcel C is developed for residential purposes in the future, access may be taken across Parcel A provided an access easement consistent with the requirements of Edmonds Community Development Code is provided across Parcel A. 13. Dedications: No dedication of land is required by the City Engineer with the proposed lot line adjustment. 14. Improvements: No improvements are required by the City Engineer with the proposed lot line adjustment. B. SEPA THRESHOLD DETERMINATION Review under the State Environmental Policy Act (SEPA) is not required for lot line adjustments pursuant to WAC 197-11-800 (6) (Minor land use decisions) because the lot line adjustments relocates property lines between adjacent lots and does not create any new buildable lots. C. NEIGHBORHOOD CHARACTERISTICS The site is located within a single-family residential neighborhood in southwest Edmonds. Refer to Attachment 3 for a zoning and vicinity map indicating the zoning of surrounding properties. The subject property and surrounding area is zoned RS-8 (Single-family Residential; 8,000 square foot minimum lot size). The surrounding neighborhood is developed with single family residences. Restlawn Cemetery covers approximately 8 acres and I lickman Park is located just north of the cemetery across 2371h Place SW. PLN20150040 — N.W. Preferred Funeral Services/Select Homes Lot Line Adjustment Page 2 of 5 D. COMPREHENSIVE PLAN COMPLIANCE The Comprehensive Plan designation for the subject parcels is "Single Family Urban 1." There is no proposed change to the existing designation. The current proposal meets the intent of the Comprehensive Plan designation. E. ENVIRONMENTAL ASSESSMENT The subject property is relatively level. A critical area determination for Parcel A did not find any critical areas on or adjacent to the property. Parcel A contains a significant number of mature trees. Parcel B is an access road for the cemetery and Parcel D contains burial plots. Parcel C has been used for maintenance by the cemetery and is covered in a large part by black berries and has a few mature trees on the site. F. TECHNICAL COMMITTEE The application materials were reviewed by the City's Engineering Division and Snohomish County Fire District #1. Neither the Engineering Division nor the Fire District had any comments or conditions on the proposed lot line adjustment (Attachment 6). G. LOT LINE ADJUSTMENT COMPLIANCE (ECDC 20.75.050) ECDC 20.75.050.0 states that the lot line adjustment shall be approved unless the proposed adjustment will: 1. Create a new lot, tract, parcel, site, or division; The proposed lot line adjustment will not result in a new lot, tract, parcel, site or division. Therefore, this criterion is met. 2. Reduce the setbacks of existing structures below the minimum required by code or make existing nonconforming setbacks of existing structures more nonconforming than before; The subject properties are located in the RS-8 zone. Setbacks for the RS-8 zone are contained in ECDC 16.20.030 and are as follows: Gone —Minimum-Street --Minimum-Side Miaimum-Rear— Setback Setback Setback RS-8 25' 7.5' 15' The only structures on the subject property are maintenance sheds located on Parcel C. Parcel C is considered a flag lot since it does not front on a street, which means Parcel C has all side setbacks. According to the lot line adjust map (Attachment 2), the maintenance sheds would be 3.5 feet from the new lot line separating Parcel C and Parcel A. The lot line adjustment map also notes the existing sheds will be removed. Given this criterion that a lot line adjustment cannot reduce the setbacks of existing structures below the minimum required by code, a condition of approval is being added that the sheds must be removed prior to recording the lot line adjustment. With this condition, this criterion will be met. 3. Reduce the lot width or lot size below the minimum required for the applicable zone; Pursuant to ECDC 16.20.030, the minimum lot width in the RS-8 zone is 70 feet and the minimum lot size is 8,000 square feet. Revised parcels A, C, and D will comply the minimum lot width standard as determined by ECDC 21.55.050. Parcel B is an access PLN20150040 — N.W. Preferred Funeral Services/Select Homes Lot Line Adjustment Page 3 of 5 tract that was established by the Garden of Mediation survey recorded under Auditor File Number 8404175002. The width of Parcel B is not being modified by this lot line adjustment. All of the revised parcels will contain at least 8,000 square feet of area. Therefore, this criterion is met. 4. Transform a nonbuildable lot, tract, parcel, site or division into a buildable lot, tract, parcel, site or division, - The proposed lot line adjustment would not transform a nonbuildable lot, tract, parcel site or division into a buildable lot, tract, parcel, site or division. Therefore, this criterion is met. 5. Would otherwise result in a lot which is in violation of any requirement of the ECDC. The proposed lot line adjustment does not result in a creating a lot which is in violation of any requirement of the Edmonds Community Development Code. Therefore, this criterion is met. III. DECISION Based on the Findings of Fact, Conclusions, and Attachments to this report, the following decision is issued by the City of Edmonds Planning Division. The lot line adjustment, as proposed in Attachment 2, is APPROVED with the following conditions: 1. The existing maintenance sheds must be removed or otherwise altered to comply with the required zoning setbacks from the adjusted lot lines prior to submittal for "Final Review" of the lot line adjustment map. Note that a demolition permit may be required for the removal of the sheds. 2. Prior to submitting documents to the Planning Division for "Final Review," please make the following changes: a. Ensure that all references to the City's lot line adjustment file reference the file number as PLN20150040. b. Add a signature approval block for the Planning Division. c. It is the applicant's responsibility to ensure that all documents to be recorded meet the Snohomish County Auditor's requirements for recording. These requirements include, but are not limited to, minimum margin requirements, provision of a County Treasurer tax statement, and all signatures original and in black ink. 3. After the above changes have been made, submit revised documents to the Planning Division for "Final Review." 4. Once "Final Approval" has been issued from the City, the applicant shall take the documents to the Snohomish County Auditor's Office for recording. After recording the lot line adjustment, the applicant must provide the City of Edmonds Planning Division with TWO (2) copies of the recorded map (with the recording number shown). The City will not consider the lot line adjustment to have been completed until this is done. The applicant must file new deeds for each of the parcels with Snohomish County, as appropriate. The County may not consider the lot line adjustment to have been completed until this is done. PLN20150040 —N.W. Preferred Funeral Services/Select Homes Lot Line Adjustment Page 4 of 5 IV. APPEALS Type I permit decisions may be appealed by a party of record to Snohomish County superior court within 21 days of the date of the decision pursuant to ECDC 20.07.006. V. NOTICE TO THE COUNTY ASSESSOR 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. VI. PARTIES OF RECORD City of Edmonds 121 51h Avenue North Edmonds, WA 98020 Select Homes 16531 — 13th Avenue West Suite A108 Lynnwood, WA 98037 VII. ATTACHMENTS Jim Letson N.W. Preferred Funeral Services 99 Woodhaven Pl Woodway, WA 98020 1. Land Use Applications 2. Lot Line Adjust Documents 3. Zoning and Vicinity Map 4. Order and Decree Removing Real Property from Cemetery Dedication 5. City of Edmonds Resolution No. 1005 6. Technical Review Comments PLN20150040 — N.W. Preferred Funeral Services/Select Homes Lot Line Adjustment Page 5 of 5 City of Edmonds Land Use Application � J ARCHITECTURAL DESIGN REVIEW COMPREHENSIVE PLAN AMENDMENT CONDITIONAL USE PERMIT HOME OCCUPATION FORMAL SUBDIVISION SNORT SUBDIVISION LOT LINE ADJUSTMENT PLANNED RESIDENTIAL DEVELOPMENT OFFICIAL STREET MAP AMENDMENT STREET VACATION REZONE SHORELINE PERMIT VARIANCE/ REASONABLE USE EXCEPTION OTH ER: FILEAUZOIs0&1O ZONE DATE .3 3 REC'D BY FEE'bL%®, ' cf RECEIPT # HEARING DATE ❑ HE XSTAFF PB I ADB Ci CC • PLEASE NOTE THAT ALL INFORMATION CONTAINED WITHIN THE APPLICATION IS A PUBLIC RECORD • PROPERTY ADDRESS OR LOCATION 104th Ave W Edmonds, WA 98026 PROJECT NAME (IF APPLICABLE) N.W. PREFERRED FUNERAL SERVICES PROPERTY OWNER Select Homes & NW preferred PHONE 425-870-2459 A,,,F,s 11923 PRENICK LN, MUKILTEO, WA 98275 E-MAILjim@becksfuneralhome.com FAX # TAX ACCOUNT# 270336003033000,00452700000500,00452700000200 SEC. 36 TWP. 27 RNG. 03 DESCRIPTION OF PROJECT OR PROPOSED USE (ATTACH COVER LETTER AS NECESSARY) See Attached DESCRIBE HOW THE PROJECT MEETS APPLICABLE CODES (ATTACH COVER LETTER AS NECESSAR)') See Attached APPLICANT Select Homes & (Ref:prop. owner line) PHONE # 425-299-2600 ADDRESS 16531 13th Ave W Ste A108 Lynnwood, WA 98037 E-MAIL cbpierce@comcast.net FAX # CONTACT PERSON/AGENT Craig Pierce PHONE 425-299-2600 ADDRESS 16531 13th Ave W Ste A108 Lynnwood, WA 98037 E-MAIL cbpierce@comcast.net FAX# 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/leer/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 the owner as listed below. SIGNATURE OF APPLICANT/AGENT Property Owner's Authorization PICFV DATE ,I1'WI IS I, bO U b L A S R - WA I Ls t. E Y , certify under the penalty of perjury under the laws of the State of Washington that the following is a true and correct statement: 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 dw subject property for the purpo Iof inspection and posting attendant to this application. SIGNATURE OF OWNER �/' ' � 1 � vel C' F V DATE�I/� Questions? Call (425) 771-0220. Revised on 8 2242 B - Land Use Applicalion Page I of I ECFI'b ED AUG 03 2015 -LUPIVILINI SEHVI(,; COUNTER Attachment 1 x City of Edmonds Land Use Application ARCHHITECT URAL DESIGN REVIBY COMPREHENSIVE PLAN AMENDMENT CONDrrIONAI. USE PERMIT I'IL1 # ZONE li(mi-, QC'('UPA'rIO� DATE I2EC D I31' PORNIAL SIJBDIVISIO SHORT SUBDIVISION E RE(TIPT# Lar LING ADJLI.Sf?AF T HEARING DATE PLANNEDR)-rSIDENTTAI Dm:1-01)mL,I"r OFFICIAL STRECTMAP ANIENDKir,4'T Ii)_ STAFF PH ADD CC SINFrT VAC :4 HON Riiim:' SHORELINE I'mi or VAFUANC r./RC;ASONABLr USI: F:\6-TTION OTHER: • PLM1SFNOTET0,4TALL INFORAMTION CONTAINF_D WITHIN TW APPLICATFO1'LPA PUBLIC'kI;Y'ORD • PROPERTI' ADIMSS OR LOCATION 104th Ave W Edmonds, WA 98026 PRojEcT NA IE (WAPPLICABL E) N.W. PREFERRED FUNERAL SERVICES PROPERTY OWNER Select Homes & NW preferred nPHHONE:# 425-870-2459 im beeksfuneralhome.com TA\ACCOUNT# 270336003033000,00452700000S00.00452700000200 $1:('. 36 T11'P 27 RNc, 03 I)ILtCl:1P'PION lily PRCIIEC"I' OR I'ROPOStiD [JSh; (A"rI,AC'fi ('OVL-R CGTTCR Ati NECESSARY) See Attached DGS(Ti1HF;1 IOW 1'I IF PRO11iC'I' h91>F"I'ti APP1.lC,�n1_L ('ODES (.aTTAC'Ifi COYER LUTER AS ttit: ESSARY) See Attached APPLIC'AN'T Select Homes & (Ref:prop, owner line) ptit)Nr # 425-299.2600 ADDRESS 16531 13th Ave W Ste A108 Lynnwood, WA 98037 L•-MAIL cbpierce@comcast,net FAX# CO3NTA(7PERSONI,'AGENT Craig Pierce plR>�r# 425-299-2600 ADDRESS 16531 13th Ave W Ste :A108 Lynnwood, WA 98037__ e-MAIL cbpieroe@comcast.net r.,�x# 111c undersigned applicant, and his/hcthis Neil'.& and assigns, in consideration onAhe processing of the application agrees to release. Welnrniy. defend and hold the City or Edmonds harmless froin any and all damages, including reasonable attorney's fees• arising Boni any action or infraction bused in whole or part upon false• misleading. inaccurate or incomplete information furnished by the applicant, histher/its agents or employees. By my signature. 1 ccrtiry that the atl'ontuttion and exhibit% he rrth v l-Amited are true and correct to the best of my knowledge and that I mn auihorrnd to file II ution an the behalf e r ner as listed hclow. SIGNA-IUREOPAPPLICA.\"r GrYf DATI, 7 )I Property Owner's Authorization 1, certify under the penalty of Ixqur) under the la%%% or the state or Washington that Lhc lullowune is a true and correct statement I have authort2ed the shove Applicant/Agent to apply for the subject land use 21) 1ic' mu1 gram nq Deana. mn rm the public officials and the soulf or the City of Edmonds to enter the subject praperl tn�e putposc of nnspecuat n t uttcndnnt to tilts application SIGN.S.TURGOF( 1t'NEIt S DATE �b N� tresl�n.. Coil (425) 771-0220 Monad our $ 2212 11-1.011d hxe AIale114 011,41 Page I rr(1 ff12 AUG 03 2015 DEVEL0ENiEW NW Preferred funeral Services Inc 44923 Rrraninl, qejOil ( Signature Printed Name 5�-� �• f`�� Select Homes 16531 131h Ave W Ste A108 Lynnwood, WA 98037 Signature v I ' 1 6 V Printed Name DO-via try S R W JL) 6 L% AUG 03 2015 OEVELOPMENJ Srfiyli,, ORIGINAL LEGAL DESCRIPTIONS PARCEL. A' THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 36, TOWNSHIP 27 NORTH, RANGE 3 EAST OF THE WILLAMETTE MERIDIAN; EXCEPT THE NORTH 180 FEET THEREOF;' AND EXCEPT THE EAST 30 FEET AND THE SOUTH 20 FEET THEREOF,• PARCEL 'B" TRACT Z GARDEN OF MEDITATION IN RESTLAWN MEMORIAL GARDENS, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 45 OF PLATS, PAGES 51 AND 52, RECORDS OF SNOHOMISH COUNTY, WASHINGTON. SITUATE IN THE COUNTY OF SNOHOMISH, STATE OF WASHINGTON. PARCEL T' TRACT J. GARDEN OF MEDITATION IN RESTLAWN MEMORIAL GARDENS ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 45 OF PLA73, PAGES 51 AND 52, RECORDS OF SNOHOMISH COUNTY, WASHINGTON. SITUATE IN THE COUNTY OF SNOHOMISH, STATE OF WASHINGTON. PARCEL 1)' GARDEN OF PRAYER IN RESTLAWN MEMORIAL GARDENS, ACCORDING TO THE PLAT RECORDED IN VOLUME 15 OF PLATS PAGE 115, RECORDS OF SNOHOMISH COUNTY AUDITOR, SITUATE IN ME COUNTY OF SNOHOMISH, STATE OF WASHINGTON. DECLARATION OF OWNERSHIP KNOW ALL MEN (PERSONS) BY THESE PRESENTS THAT WE THE UNDERSIGNED, HAWNG AN INTEREST IN THE REAL PROPERTY DESCRIBED BY THIS DECLARARON, DO HEREBY DECLARE THAT WE HAVE NO OBJECTIONS TO THE BOUNDARY REVISIONS OF THE GARDEN OF THE APOSTLES IN RESMAWN MEMORIAL GARDENS, GARDEN OF THE LAST SUPPER IN RESTLAWNN MEMORIAL GARDENS (FORMERLY KNOWN AS. GARDEN OF THE PRINCE OF PEACE), GARDEN OF THE GOOD SHEPHERD IN RESTLAWN MEMORIAL GARDENS, GARDEN OF PRAYER IN RESTLAWN MEMORIAL GARDENS AND THE BOUNDARY REVISIONS AND AMENDMENTS TO THE GARDEN OF MEDITATION IN RESTLAWN MEMORIAL GARDENS AS DESCRIBED HEREIN. NORTHWEST PROOKE'D FUNERAL SERWCES INC., A WASMNGTON CORPORATION BY: SELECT HOMES INC., A WASHINGTON CORPORATION. BY., ITS; RESTRICTIONS 1. SUBJECT TO PUGET SOUND POWER AND LIGHT EASEMENT RECORDED UNDER AF#496845. (INSUFFICIENT DATA TO PLOT) Z SUBJECT TO CC&R'S PER GARDEN OF PRAYER, RECO.RDEU UNDER AF#1163110, GARDEN OF MEDITATION, RECORDED UNDER AFy8404175002 AND SURVEY RECORDED UNDER AFp200705215142 AND AF,#201411065005. J. SUBJECT TO ORDER OF DECREE REMOVING REAL PROPERTY FROM CEMETERY DEDICATION RECORDED UNDER AFbq201506lOO7C5 AND AFy201507020545. AUDITORS CERTIFICATE AUDITOR'S FILE NUMBER -------- _________ FILED FOR RECORD THIS _ DAY OF 2015, AT —:_ -M., IN VOLUME __ OF SURVEYS, PAGE __ AT THE REQUEST OF ORCA LAND SURVEYING, INC. CAROLYN WEIKEL COUNTY AUDITOR DEPUTY AUDITOR ADJUSTED LEGAL DESCRIPTIONS PARCEL A' THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 36, TOWNSHIP 27 NORTH, RANGE 3 EAST OF THE MLLAMETTE MERIDIAN; EXCEPT THE NORTH 180 FEET THEREOF; AND EXCEPT THE EAST 30 FEET AND THE SOUTH 20 FEET THEREOF,• TOGETHER WITH THE EAST 41 FEET OF TRACT 3, GARDEN OF MEDITATION IN RESTLAWN MEMORIAL GARDENS, AS PER PLAT RECORDED IN VOLUME 45 OF PLATS, PAGES 51 AND 52, RECORDS OF SNOHOMISH COUNTY AUDITOR, EXCEPT THAT PORTION OF SAID TRACT 3 LYING NORTH OF THE FOLLOWING DESMM LINE; COMMENCING AT THE SOUTHEAST CORNER OF THE NW1/4 OF THE SWI14 OF SECTION 36, TOWNSHIP 27 NORTH, RANGE 3 EAST, W.M.; THENCE NOf'11'27"E, ALONG THE EAST LINE OF SAID SUBDIVISION, FOR 152.78 FEET TO THE POINT OF BEGINNING; THENCE N8809'57"W FOR 783.09 FEET TO THE WEST LINE OF TRACT Z GARDEN OF MEDITATION IN RESTLAWN MEMORIAL GARDENS, AS PER PLAT RECORDED IN VOLUME 45 OF PLATS PAGES 31 AND 52, RECORDS OF SNOHOMISH COUNTY AUDITOR AND THE TERMINUS OF SAID LINE; SITUATE IN SNOHOMISH COUNTY, WASHINGTON. PARCEL 'B" TRACT Z GARDEN OF MEDITATION IN RFSTLAWN d1UJORIAL GARDENS, ACCORDNIG TO THE PLAT THEREOF RECORDED IN VOLUME 45 OF PLATS, PAGES 51 AND 52, RFCORDS OF SNOHOMISH COUNTY, WASHINGTON. EXCEPT THAT PORTION OF SAID TRACT 2 LYING SOUTH OF THE FOLLOWING DESCRIBED LINE; COMMENCING AT THE SOUTHEAST CORNER OF THE NW114 OF THE SW114 OF SECTION 36, TOWNSHIP 27 NORTH, RANGE 3 EAST, W.M.; THENCE NOI-11'27'E ALONG THE EAST LINE OF SAID SUBDIVISION, FOR 152.78 FEET TO THE POINT OF BEGINNING; THENCE NBB09'57'W FOR 783.09 FEET TO THE WEST LINE OF SAID TRACT 2 AND THE TERMINUS OF SAID LINE: SITUATE IN SNOHOMISH COUNTY, WASHINGTON. PARCEL °C' TRACT .1 GARDEN OF MEDITATION IN RESILAWTI MEMORIAL GARDENS ACCORDING TO THE PLAT 7HEREOF RECORDED IN VOLUME 45 OF PUTS, PAGES 51 AND 5Z RECORDS OF SNOHOMISH COUNTY, WASHINGTON. EXCEPT THE EAST 41 FEET THEREOF; ALSO EXCEPT THAT PORTION OF SAID TRACT 3 LYING NORTH OF THE FOLLOWING DESCRIBED LINE; COMMENCING AT THE SOUTHEAST CORNER OF THE NW714 OF THE SW114 OF SECTION 36, TOWNSHIP 27 NORTH, RANGE 3 EAST, W.M.; THENCE NOI-11'27"E, ALONG THE EAST LINE OF SAID SUBDIVISION, FOR 152.78 FEET TO THE POINT OF BEGINNING; THENCE NBB09'57"W FOR 783.09 FEET TO THE WEST LINE OF TRACT Z GARDEN OF MEDITATION IN RESTLAWN MEMORIAL GARDENS, AS PER PLAT RECORDED IN VOLUME 45 OF PLATS, PAGES 51 AND 52, RECORDS OF SNOHOMISH COUNTY AUDITOR AND THE TERMINUS OF SAID LINE,• TOGETHER WITH THAT PORTION OF THE GARDEN OF PRAYER IN RESTLAWN MEMORIAL GARDENS, AS PER PLAT RECORDED IN VOLUME 15 OF PLATS, PAGE 115, RECORDS OF SNOHOMISH COUNTY AND THAT PORTION OF TRACT Z GARDEN OF MEDITATION IN RESTLAWN MEMORIAL GARDENS AS PER PLAT RECORDED IN VOLUME 45 OF PLATS, PAGES 51 AND 52, RECORDS OF SNOHOMISH COUNTY AUDITOR, LYING SOUTH OF THE FOLLOWING DESCRIBED LINE; COMMENCING AT THE SOUTHEAST CORNER OF THE NW114 OF THE SWI14 OF SAID SECTION 36; THENCE N0171'27'E ALONG THE EAST LINE OF SAID SUBDIVISION, FOR 152.78 FEET TO THE POINT OF BEGINNING, THENCE NBB09'57'W FOR 783.09 FEET TO THE WEST LINE OF SAID TRACT 2 AND THE TERMINUS OF SAID LINE; SITUATE IN SNOHOMISH COUNTY, WASHINGTON. SURVEYOR'S CERTIFICATE THIS MAP CORRECTLY REPRESENTS A SURVEY MADE BY ME OR UNDER MY DIRECTION IN CONFORMANCE WITH THE REQUIREMENTS OF THE SURVEY RECORDING ACT AT THE REQUEST OF NORTHWEST PREFERRED FUNERAL SERVICES, INC., IN JUNE OF 2015. / -7/V ./ 4/-- JACK .. 7URP1 . .L S. DATE CER ADJUSTED LEGAL DESCRIPTIONS CONTINUED PARCEL D' THAT PORTION OF THE GARDEN OF PRAYER IN RESTLAWN MEMORIAL GARDENS, AS PER PLAT RECORDED IN VOLUME 15 OF PLATS, PAGE 115, RECORDS OF SNOHOMISH COUNTY AUDITOR AND THAT PORTION OF TRACT 3, GARDEN OF MEDITATION IN RESTLAWN MEMORIAL GARDENS, AS PER PLAT RECORDED IN VOLUME 45 OF PLATS PAGES 51 AND 5Z RECORDS OF SNOHOMISH COUNTY AUDITOR LYING NORTH OF THE FOLLOWING DESCRIBED LINE,• COMMENCING AT THE SOUTHEAST CORNER OF THE NWI/4 OF THE SWI14 OF SECTION 36, TOWNSHIP 27 NORM, RANGE 3 EAST, W.M.; THENCE N01'11'27E, ALONG THE EAST LINE OF SAID SUBDIVISION, FOR 152.7E FEET TO THE POINT OF BEGINNING; THENCE N8B09'57"W FOR 783.09 FEET TO THE WEST LINE OF TRACT Z GARDEN OF MEDITATION IN RESTLAWN MEMORIAL GARDENS, AS PER PLAT RECORDED IN VOLUME 45 OF PLATS, PAGES 51 AND 5Z RECORDS OF SNOHOMISH COUNTY AUDITOR AND THE TERMINUS OF SAID LINE,• SITUATE IN SNOHOMISH COUNTY, WASHINGTON. ACKNOWLEDGEMENT STATE OF WASHINGTON ) )Ss. COUNTY OF SNOHOMISH ) I CERTIFY THAT I KNOW OR HAVE SATISFACTORY EVIDENCE THAT ---------- -- IS THE PERSON WNO APPEARED BEFORE ME, AND SAID PERSON ACKNOWLEDGED THAT (HE, SHE THEY) SIGNED THIS INSTRUMENT, ON OATH STATED THAT (HE, SHE, THEY) WERE AUTHORIZED TO EXECUTE THE INSTRUMENT AND ACKNOWLEDGED IT AS THE _ _ _ _ OF NORMWEST PREFERRED FUNERAL SERW= INC., A WASHINGTON CORPORATION, TO BE THE FREE AND VOLUNTARY ACT OF SUCH CORPORATION FOR THE USES AND PURPOSES MENTIONED IN THE INSTRUMENT. (SIGNATURE) (PRINTED) -------------- ----------------------- NOTARY PUBLIC IN AND FOR THE STATE OF WASHINGTON RESIDING AT _________-------------- MY APPOINTMENT EXPIRES: DATED: ---'-----'------- ACKNOWLEDGEMENT STATE OF WASHINGTON ) ) SS. COUNTY OF SNOHOMISH ) I CERTIFY THAT I KNOW OR HAVE SATISFACTORY EVIDENCE THAT __--------- IS THE PERSON WHO APPEARED BEFORE ME AND SAID PERSON ACKNOWLEDGED THAT (HE, SHE, THEY) SIGNED THIS INSTRUMENT, ON OATH STATED THAT (HE SHE, THEY) WERE AUTHORIZED TO EXECUTE THE INSTRUMENT AND ACKNOWLEDGED IT AS THE ----- ____----- OF SELECT HOMES, LNG, A WASHINGTON CORPORATION., TO BE THE FREE AND VOLUNTARY ACT OF SUCH CORPORATION FOR THE USES AND PURPOSES MENTIONED IN THE INSTRUMENT. (SIGNATURE) - ........ - (PRINTED) NOTARY PUBLIC IN AND FOR THE STATE OF WASHINGTON RESIDING AT ----- —__. MY APPOINTMENT EXPIRES: DATED: __._ -- ECEI ED AUG 03 2015 _LO PMENT SERVICE8, COUNTER RECORD OF SURVEY AND BOUNDARY LINE ADJUSTMENT for NOR THWEST PREFERRED FUNERAL SERVICES IN THE NW 114 OF THE SW 114 OF SECTION 36, T,27N., R.3E., W.M. CITY OF EDMONDS, SNOHOMISH COUNTY, WASHINGTON Attachment 2 LOT 9 I LOT 8 LOT 11 PARCEL B ADJ. AREA 30,855 SF L� I 30' LOT 12 N S W - ,7� Z LOT 13 ORIGINAL LOT LINE 50.00' N 88DW57" W FENCE WEST OF LINE ADJUSTED LOT LINE W LOT 14 g +N•- tJ a� Z ORIGINAL LOT LINE IN 1 70.50' LOT 1 O m W h W h � r LOT 3 N o r z 2 30' LOT 4 4 i ��{ 1Ep 1A0 I 9 LN aans LOT 6 LOT 's7" w 42L72' TRACT 2, GARDEN OF MEDITATION ORIG. AREA 34,817 SF N 86n957" W 42172' PARCEL D ADJ. AREA 75,909 SF GARDEN OF PRAYER ORIG AREA 65,218 SF ORIGINAL LOT LINE r 78J 09' — 421,72' 410.71' PARCEL C ADJ, AREA 54,310 SF TRACT 3 GARDEN OF MEDITATION ORIG. AREA 66,470 SF 410 72' 451.72' N 88n647" W EX SHEDS TO BE REMOVED _ 3.5' W OF LINE L r--� L__J W ADJUSTED LOT LINE I o 2 240174 ST SW W N O 2 _ N 8879'17" W 361.13'-GM 237W PLACE SW. — — — — N 88'107' W 331.14' L=44.28 R-60.00 TRACT 1 A-4277'03" GARDEN OF MEDITATION I I I1 I GARDEN OF THE APOSTLES I I yl I � I I �I �I I w I I I I I I� z o GARDEN OF LAST SUPPER Ig b VI I of I In I � II to 16 I Ib GARDEN OF THE GOOD SHEPHERD I I I I I W I� I N r 0 I ^� z N 8Bn9'S7" W 301.37' ORIGINAL LOT LINE 30, PARCEL A Il ADJ. AREA 45,395 SF N b IORIG. AREA 39,964 SF n � � I I S.W. CORNER, SETA SE 1/4, NW 1/4, SW 1/4 SECTION 36 I 301.42' v — — 78,T,13 SE. CORNER, NW 1/A SW 1/4 SECTION 38 GRAPHIC SCALE 60� 0 60 120 SCALE. 1" = 60' EQUIPMENT & PROCEDURES INSTRUMENTATION: LEICA TCRM1205 TOTAL STATION METHOD OF SURVEY: FIELD TRAVERSE OF EXISTING MONUMENTATION PREVVON: MEETS OR EXCEEDS W.A.C. 332-130-090 REQUIREMENTS BASIS OF BEARING: THE MONUMENTED CENTERLINE OF 1047H AVE. W., PER THE RECORD OF SURVEY, RECORDED UNDER AUDITOR'S FlLE NUMBER 200705215142. REFERENCES 1.) GARDEN OF THE GOOD SHEPHERD, VOL. 14 OF PLATS, PG. 89 2) GARDEN OF PRAYER, VOL 15 OF PLATS, PG. 115 d) GARDEN OF THE APOSTLES, VOL. 16 OF PLATS, PG. 85 4.) GARDEN OF THE PRINCE OF PEACE, VOL. 17 OF PLAT$ PG. 16 &) PLAT OF WOODWAY MEADOWS, A.F. NO. 7907240221 6.) GM -GARDEN OF MEDITATION, A.F. NO. 6404175002 7.) RECORD OF SURVEY, A.F. NO. 200705215142 ZONING.` RS-8 (PARCELS AND ADJACENT PARCELS) LEGEND Oa FOUND CASED CONCRETE MONUMENT (VISITED 5-15) • SET 1/2' REBAR W/ CAP 'ORCA 32432" REC OF SURW AND BOUNDARY -ME -ADJUSTMENT for NOR THWEST PREFERRED FUNERAL SERVICES IN THE NW 114 OF THE SW 114 OF SECTION 36, T,27N., R.3E., W.M. CITY OF EDMONDS, SNOHOMISH COUNTY, WASHINGTON AUG 03 2015 _UPtOENT SERVICES COUNTER 1Ir v M (0 M M M M M as N N9NN N O CO 23615 p 23623 23621 0 � 23715 HICKMAN PARK 23619 23631 23617 2362 23704 0 0 u1 23719 a 28 2361823708 1 23708 23627 Q 23613 2 � 02 23701 361423712 23723 23701 = 08 23709 2360 OPEN SPACE r 3727 J 23711 0 N C° O N l?i 23711 1 0 0 O N 12 23713 N N N N N N ti C4 p� h Z� � c Oco'` 7 N cD 103 0 ^ �O OS� 1050. RS 8 s 9 = 23725 o o :c4 CD 00 M 237T tio Projec Loca N o 23729 2372 � 10616 o h OS 23817 O �► 7 co W -J CD CD�`�' O 23813 23816 a 23815 ^Oh s�0 ?3 W W N 23821 23906 2390 0 0 o co `° y cn 391 2391 2391 23911 2391 N �'v�� `�' N ?0,� 23919 23 LO �,_ i o o N c ch _ti 0 M 0) ch K42�5 cyh �O CO CO M O N N CD o 0 0 0 0 0 0 0 0 0 0 0 1030 240TH p240TH PL SW MO�O� OHO 00�4c O �o p c� 241ST ST SW 24029 0 24103 24104 24103 24104 °� � 24107 24108 24107 24101 24109 24110 JL24109T241710 24113 24114 `ne. 1 g9l Northwest Preferred Funeral Services Lot Line Adjustment PLN20150040 Scale 1 inch = 200 feet Attachment 3 201507020545.001 • A When Recorded Return To Richard D. Wurdeman Attorney at Law 320 Dayton, Suite 101 Edmonds, WA 98020 IIIII III illll IIIII IIIII II I IIIII IIIII I II illll IIIII IIIII III III 20150702054 3 PGS 0710212015 56 m f 4 00 SN01iC9 sI Coll , RSNING101J Document Title. Order and Decree Removing Real Property from Cemetery Dedication Reference No. 201411065005 Grantor Northwest Preferred Funeral Services, Inc Grantee Northwest Preferred Funeral Services, Inc Legal Description A Portion of the Garden of Mediation in Restlawn Memorial Gardens Tax Account No - 004527-000-005-00 (See attached Court Order) Assessor's Parcel #- 004527-000-005-00 ORDER AND DECREE REMOVING REAL PROPERTY FROM CEMETERY DEDICATION ATTACHED HERETO Attachment 4 11507020545 002 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 21 MA 23 24 25 26 27 28 29 30 F0 E ED JUL U 1 2015 SONYA KRASKI SNOCOUNTY CLERr, HOMISH CO. WASH, IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON IN AND FOR THE COUNTY OF SNOHOMISH In Re ) NO 15-2-04239-2 THE GARDEN OF MEDITATION in ) ORDER AND DECREE RESTLAWN MEMORIAL GARDENS, ) REMOVING REAL PROPERTY ) FROM CEMETERY DEDICATION The Court having entered Findings of Fact and Conclusions of Law herein, it is hereby ORDERED, ADJUDGED and DECREED that Petitioner's motion for an order removing the specified real property from dedication for cemetery purposes shall be and the same is hereby granted, and pursuant to the provisions of RCW 68 24, the real property described below is hereby removed from dedication for cemetery purposes, The east 41 feet of Tracts A and G of the Garden of Meditation in Resdawn Memorial Gardens, as amended by the Record of Survey for the Amended Garden of Meditation, dated November 6, 2014, recorded under Snohomish County Auditor's file number 201411065005, which real property is also legally described as follows THE EAST 4100 FEET OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF THE NORT TWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 36, TOWNSHIP 27 NORTH, RANGE 3 EAST, WILLAMETTE MERIDIAN, IN SNOHOMISH COUNTY, W ASHINGTON EXCEPT THE NORTH 180 00 FEET THEREOF ALSO EXCEPT THE SOUTH 20 00 FEET THEREOF and it is further, ORDER AND DECREE REMOVING RICHARD D WURDEMAN REAL PROPERTY FROM CEMETERY AT ArrORNEYg01LAW A PROIl48NAL5vC1CC COAMOAATON DEDICATION - I 320 S, WASH, SURE f 01 EDNONDASNpiDTON 88020 TEL, (425) 771 •8230 FAx (425) 670 131 - 507020545.003 1 2 3 4 5 6 7 8 9 10 ORDERED, ADJUDGED and DECREED that any restrictions on the use of the above described real property that may have existed as a result of its dedication for cemetery purposes are hereby terminated, and of no further force or effect, and it is further ORDERED, ADJUDGED and DECREED that until further order of this Court, all other real property of Garden of Meditation in Restlawn Memorial Gardens shall remain private cemetery property, subject to and regulated by the provisions of RCW 68 20, and It Is further ORDERED, ADJUDGED and DECREED that Petitioner shall be permitted to record a copy of this order in the office of the Snohomish County Auditor, and to take any other action consistent with this order S� DONE IN OPEN COURT this "' day of July, 2015 11 12 13 14 15 16 Presented by 17 18 19 20 21 22 23 24 25 26 27 28 29 30 IRICHARD D WURDEMAN, WSBA#9455 Attorney for Petitioner ORDER AND DECREE REMOVING REAL PROPERTY FROM CEMETERY DEDICATION - 2 JUDGE A C. MMSE RICHARD D. WURDEMAN ATTORNEY AT LAW A pp01-LSsiONAL SrRVICE CORPORATION 320 DAYTOH, Suit 101 EDMONDS, WAS"'-GYOM 99020 yEL (425)771 8230 F"(425)670-13t 0006.900000 WSS/gjz 6/28/01 RESOLUTION NO. 1005 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, ESTABLISHING A USE CLASSIFICATION FOR CERTAIN REAL PROPERTY DEEDED TO THE CITY BY SNOHOMISH COUNTY AND COMMONLY REFERRED TO AS THE WOODWAY MEADOWS PROPERTY. WHEREAS, on September 10, 1999, the City of Edmonds accepted a property tax deed from Snohomish County for certain real property located near Woodway Meadows and long used as an access for adjacent property, and, WHEREAS, the City established a temporary use classification for the property on September 21, 1999, directing that the property be used for established access to private properties, utility purposes and emergency access to the Town of Woodway, and WHEREAS, neighborhood residents expressed concern regarding the future use for the property, as well as opposition to its use as a bikeway or walkway, and WHEREAS, the City maintains that bikeway comprehensive plan and a walkway comprehensive plan for the designation of City property to be used for biking or walking, and WHEREAS, the Planning Board held a public hearing on May 23, 2001 and has recommended to the City Council that: 1. A permanent use classification be established consistent with the temporary classification established by the City Council in September of 1999; 2. That a street map amendment be initiated to classify the property's right of way and tying use of the right-of-way to the uses established and adopted use resolution; and 3. That a drainage easement access be included as a utility use, {WSS483507.DOC;1/00006.900000/) - 1 - Attachment 5 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: Section 1. Certain real property acquired by the City of Edmonds pursuant to Treasurer's Deed No. 5358 and described as the East 20 feet and the South 20 feet of the Northwest quarter of the Southwest quarter of Section 36, Township 27, Range 3, East, W.M. is hereby designated for use in the City of Edmonds Comprehensive Plan for the following purposes: 1. For previously established access to private properties from the aforementioned strip of land to be maintained by private property owners to, but only to, the limited extent such access was established on or before the date of recordation of Treasurer's Deed No. 5358; and 2. For maintenance of and access to water, sewer and other public utilities duly franchised by the City of Edmonds, including but not limited to utility structures maintained by the Olympic View Water District, structures maintained by the City's drainage utilities and other public utilities authorized to use public property within the City of Edmonds pursuant to statute, ordinance and franchise agreement. 3. For emergency access purposes including such limited improvement of the area as ordered by the Town of Woodway pursuant to development approvals for Woodway Highlands Subdivision or under the terms and conditions of any street -use permit issued by the City of Edmonds to the developer authorizing use of the strip of land. Section 2. Nothing herein shall be interpreted to limit the legislative discretion of the City Council to ultimately determine and/or redetermine the use of this or any other property within the City of Edmonds in accordance with the powers granted to the City Council under the Constitution of the United States, the Constitution of the State of Washington, the Laws of the State of Washington and the ordinances of the City of Edmonds. {WSS483507.DOC;1/00006.900000/} -2- RESOLVED this 17th day of July, 2001. APPROVED: XL MA OR, G H AKENSON ATTEST/AUTHENTICATED : CITY CLERK, SANDRA S. CHASE FILED WITH THE CITY CLERK: 07/13/2001 PASSED BY THE CITY COUNCIL: 07/17/2001 RESOLUTION NO. 1005 {WSS483507.DOC;1/00006.900000/} - 3 - U Date: To: From: Subject: MEMORANDUM August 24, 2015 Kernen Lien, Senior Planner JoAnne Zulauf, Engineering Technician PLN20150040 Lot Line Adjustment Select Homes/NW Preferred Funeral Services —104th and 240th Engineering has reviewed the lot line adjustment application for the Select Homes and NW Preferred Funeral Services property at 104`h and 240"'. The information provided is consistent with Title 18 Edmonds Community Development Code & Engineering standards. The Engineering Division does not have any comments. Thank you. City of Edmonds Attachment 6 CITY OF EDMONDS - PLANNING DIVISION COMMENT FORM i ❑ PW-Engineering ❑ Fire ❑ PW - Maintenance ❑ Parks & Rec. ❑ Building ❑ Economic Dev. ❑ Parks Maintenance Project Number: PLN20150040 Applicant's Name: SELECT HOMES & NW PREFERRED FUNERAL SERVICES (CEMETERY) Property Location: 104th AVE W. & 240TH ST SW Date of Application: 8.3.15 Date Form Routed: 8.11.15 Zoning: SINGLE FAMILY RESIDENTIAL (RS-8) Project Description: LOT LINE ADJUSTMENT "PER ECDC 20.02.005 ALL COMMENTS MUST BE SUBMITTED WITHIN 15 DAYS OF THE DATE THIS FORM WAS ROUTED: DUE BY 8/20/2015 If you have any questions or need clarification on this project, please contact: Responsible Staff: KERNEN LIEN Ext. 1223 *******************************************************I*I****************************************************** Name of Individual Submitting Comments: Title: `r w C 44 El"I have reviewed this land use proposal for my department and have concluded that IT WOULD NOT AFFECT MY DEPARTMENT, so I have no comments. My department may also review this project during the building permit process (if applicable) and reserves the right to provide additional comments at that time. ❑ I have reviewed this land use proposal for my department and have concluded that IT WOULD AFFECT MY DEPARTMENT, so I have provided comments or conditions below or attached. Com�mpnts lease attach memo if additional space is needed): /VOkje The following conditions should be attached to this permit to ensure compliance with the requmeryts of this department (please attach memo if additional space is needed): hT 11 Date: FIRE .� Signature: DISTR3tT Phone/E-mail: Ll ki John Westfall, CFI Deputy Chief- Fire Marshal jwestfall@firedistrictl.org 12425 Meridian Ave S Everett WA 98208 www.firedistricti.org phone: 425-771-0213 cell: 425-231-3644 fax: 425-775-7721 Unincorporated South Snohomish County, Brier, Edmonds, Mountlake Terrace