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PLN20170055_FinalReview_Comments #1.pdfy OF EDMO �o CITY OF EDMONDS • 121 51h AVIAIJ1: NORTH • EDMONDS, WA 98020 PHONE: 425.771.0220 • FAX: 425.771.0221 • WEB: www.cdmondswa.us DEVELOPMENT SERVICES DEPARTMENT: PLANNING • BUILDING PUBLIC WORKS DEPARTMENT: ENGINEERING DATE: November 13, 2018 TO: Jared Underbrink Email: iaredu@cgengineering.com FROM: Kernen Lien, Environmental Programs Manager JoAnne Zulauf, Engineering Technician III RE: COMMENTS ON 1ST DRAFT RECORDING DOCUMENTS NORTON TWO -LOT SHORT PLAT FILE NO. PLN20170055 Dear Mr. Underbrink: The Planning and Engineering Divisions have reviewed the above draft recording documents, and it was found that the following information, corrections, or clarifications will need to be addressed before review can continue: Title Report: In accordance with ECDC 20.75.145.C, a title report issued within the last 30 days is required to verify that ownership and other interests in the land described and shown on the final plat is in the name of the person signing the owner's certificate. The title report submitted with the recording documents is more than a year old. Please submit an updated title report. 2. Legal Description vs. Survey Discrepancies: There are significant discrepancies between the property boundaries described in the legal description and those that are surveyed on the recording document. For instance the legal description describes the north property line as being 448.30 feet in length while the survey for the short plat identifies this property line as being 474.51 feet in length. Similarly along the southern property boundary the legal indicates a length of 535.09 feet while the survey indicates a length of 576.84. When I measure the parcel from the GIS layer it corresponds with the lengths identified in the legal description. Please explain why there is such a large difference between the legal description boundaries and those identified on the survey. 3. Please add the line length for the southern property boundary on Lot 2 to the recording documents. 4. Please show the addresses for the new lots of the subdivisions on the recording document as follows: Lot 1: 802 Cary Road Lot 2: 806 Cary Road Page I of 3 5. Easements: Please ensure all easements are shown on the final short plat. It does not appear that the easement recorded under AFN 201411200596 has been identified on the recording documents. 6. Treasurer's Certificate: Please add the Treasurer's Certificate as required by ECDC 20.75.140.K. Below is a sample certificate: TREASURER'S CERTIFICATE 1 HEREBY CERTIFY THAT ALL STATE AND COUNTY TAXES HERETOFORE LEVIED AGAINST THE PROPERTY OESatIBED HEREIN. ACCORDING TO THE BOOT ND ECORDS OF MY OFFICE. HAVE BEEN FULLY PAID AND DISCHARGED. INCLUDING ' TAXES BY. IORKE SIEVERS TREASURER. SNOHOMISH COUNTY BY: 7 DEPVTY COUNrYj TIMEASURER 7. Parcel Number: Snohomish County has been requiring parcel numbers on recording documents and have requested that the parcel number be located above the Treasurer's Certificate. Please add the parcel number 27032400214000 to the recording documents 8. Bond: Condition of approval 4.b provided: The existing guest house shall be removed, OR the owner/applicant shall post a performance bond guaranteeing the removal of the existing guest house within one year from the date of recording the short plat unless all necessary permits are obtained and final certificate of occupancy granted for the conversion of the guest house into a single-family residence prior to the one year deadline. Contact the Building Division for permit requirements and refer to Attachment 19 for additional information. Please provide a performance bond in the amount of $10,000 to satisfy this condition. The bond will be released once a certificate of occupancy has been issued for the conversion of the guest house into a single-family residence or the guest house has been demolished. Two options for bonding are attached. 9. Critical Area Notice on Title: Pursuant ECDC 23.40.270.13, sites with field -verified presence of critical areas and/or critical area buffers for which a permit application is submitted shall as a condition of permit issuance, record a notice of the existence of the critical area and/or critical area buffer against the property with the Snohomish County Auditor's Office. Attached is a Notice of Presence of Critical Areas. Please sign and notarize this document. Prior to issuance of the building permit, this form must be recorded with the Snohomish County Auditor's Office. Options for recording include: Provide the City processing fee of $100 plus the County recording fee of $76 ($73 for first page and $1 for each additional page), for a total of $176, and the City will record the notice for you; OR Take the covenant to the County and record it for the County's recording fee of $73 for one page plus $1 for each additional page, and return a copy of the recorded notice to the Edmonds Planning Division with the Auditor's recording sticker on the copy. Page 2 of 3 10. Note that all signatures on the final documents must be made in black ink. It is suggested, however, that you submit the revised recording documents to staff for a second review prior to obtaining all required signatures. 11. Note that Snohomish County requires that all of the taxes for the subject site be paid prior to recording. Please make the above changes and submit your updated recording documents to the Planning Division. Our office hours are Mondays, Tuesdays, Thursdays, and Fridays between 8:00 am and 4:30 pm or on Wednesdays between 8:30 am and 12:00. Please feel free to contact us 425-771-0220 or by e-mail at kernen.lien@edmondswa.gov or aoAnne.zulauf@edmondswa.gov if you have specific questions regarding these plan corrections. cc: File No. PLN20170055 Page 3 of 3 After Recording Return to: City Clerk City of Edmonds 121 5th Avenue N Edmonds, WA 98020 NOTICE OF PRESENCE OF CRITICAL AREAS AND/OR CRITICAL AREAS BUFFERS ON PROPERTY GRANTOR: John and Sabina Norton GRANTEE: City of Edmonds, a Washington municipal corporation Legal Description: Abbreviated Form: SEC 24 TWP 27 RGE 03BEG AT SE COR NE1/4 NW1/4 TH N00*38 34E 330FT TH N88*54 26W 1320FT TH N00*37 08EIOFT TH N88*54 26W 75.19FT TO TPB TH N00*30 34E 220FT TH N88*54 26W 448.3FT TH S25*02 40W 208.7FT ALG E SIDE OF RDTH S00*37 08W 29FT TH S88*54 26E 535.09FT TO TPB Additional Legal is on Exhibit A attached to document Assessor's Tax Parcel ID No.: 27032400214000 Reference Number(s) of Related Documents(s): n/a NOTICE OF PRESENCE OF CRITICAL AREA(S) AND/OR CRITICAL AREA BUFFER(S) ON PROPERTY NOTICE IS HEREBY GIVEN this day of , 2018, by John and Sabina Norton ("Grantor"), as required by Grantee, City of Edmonds, pursuant to Edmonds Community Development Code (ECDC) 23.40.270.13, that at least one type of critical area and/or critical areas buffer has been found through field verification to be present on the Property described in Exhibit A hereto. This notice is being recorded as a condition of issuance for a development permit related to the property. As part of the permit application review process it was determined that the following type(s) of critical area and/or critical area buffer(s) were found to be present on the property: • Shell Creek, an anadromous fish bearing stream, flows through the eastern portion of the property and wetlands also extend along the stream corridor. The City of Edmonds has adopted ordinances that regulate theses types of critical areas and/or buffers. Prospective purchasers are advised hereby that these regulations may limit the type and/or location of development or other use that may occur on the property. Please contact the City of Edmonds for specific information about the applicable critical area regulations. This notice shall remain on the title records of Snohomish County until released by the City of Edmonds, which shall only occur if the owner is able to submit a critical areas report to demonstrate to the City of Edmonds that the critical area designation no longer applies to the Property. Any release of this notice shall be subject to applicable procedural provisions of the ECDC. GRANTOR(S): By: Name: Title (if applicable): By: Name: Title (if applicable): STATE OF ) ss. COUNTY OF ) I certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that he/she signed this instrument, on oath stated that he/she was authorized to execute the instrument and acknowledged it as his/her free and voluntary act for the uses and purposes mentioned in the instrument. Dated: Notary Public Print Name My commission expires (Use this space for notarial STATE OF ss. COUNTY OF I certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that he/she signed this instrument, on oath stated that he/she was authorized to execute the instrument and acknowledged it as his/her free and voluntary act for the uses and purposes mentioned in the instrument. Dated: Notary Public Print Name My commission expires (Use this space for notarial stamp/seal) Exhibit A LEGAL DESCRIPTION OF PROPERTY COMMENCING AT THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 24, TOWNSHIP 27 NORTH, RANGE 3 EAST, W.M., IN SNOHOMISH COUNTY, WASHINGTON, THENCE NORTH 0°38'34" EAST A DISTANCE OF 330 FEET, THENCE NORTH 88°54'26" WEST A DISTANCE OF 1320 FEET, THENCE NORTH 0°37'08" EAST A DISTANCE OF 10 FEET, nr 11 FEET T1 %0 THE TR Ir POINT O IT P'1r THENCE IVVRIH LS$'S'1'L6" V��ESI F1 UIJIAIVI.E yr 75.i� rCCi iv ins Irw� rviVl vl BEGINNING. THENCE NORTH 0°30'34" EAST A DISTANCE OF 220 FEET, THENCE NORTH 88°54'26" WEST A DISTANCE OF 448.3 FEET, THENCE SOUTH 25°02'40" WEST A DISTANCE OF 208.7 FEET ALONG THE EAST SIDE OF ROAD, THENCE SOUTH 0°37'08" WEST A DISTANCE OF 29.0 FEET, THENCE SOUTH 88'54'26" EAST A DISTANCE OF 535.09 FEET TO THE TRUE POINT OF BEGINNING, ALL IN GOVERNMENT LOT 1, IN THE NORTHWEST QUARTER OF SECTION 24, TOWNSHIP 27 NORTH, RANGE 3 EAST, W.M., IN SNOHOMISH COUNTY, WASHINGTON, EXCEPT ANY PORTION THEREOF LYING WITHIN THE BOUNDARIES OF THOSE CERTAIN TRACTS CONVEYED BY DEEDS RECORDED UNDER RECORDING NOS 394410. 457903, 342152 AND 652149 TOGETHER WITH AN EASEMENT FOR ROAD PURPOSES OVER THE FOLLOWING STRIP OF LAND 16 FEET WIDE KNOWN AS A PRIVATE ROAD, THE CENTER LINE OF SAID 16 FOOT STRIP COMMENCING AT A POINT BEARING NORTH 88°54'26" EAST A DISTANCE OF 10 FEET FROM THE NORTHWEST CORNER OF SAID 2.51 ACRE TRACT, THENCE SOUTH 25°2'40" WEST A DISTANCE OF 208.70 FEET, THENCE SOUTH 0"37'8" WEST A DISTANCE OF 369 FEET, MORE OR LESS, TO A POINT ON STREET RUNNING EAST AND WEST ON 1/16TH LINE. SITUATE IN THE COUNTY OF SNOHOMISH, STATE OF WASHINGTON. OF EDP � OY � I pQJ Date Posted _ Date Expires _ Bond Number City of Edmonds 121 5t` Avenue North • Edmonds • WA 98020 - (425) 771-0220 Fax (425) 771-0221 Website: www.ci.edmonds.wa.us DEVELOPMENT SERVICES DEPARTMENT Planning • Building • Engineering PERFORMANCE BONDBONDING COMPANY Edmonds Building Permit No Project Address _ Developer/Owner WHEREAS, , hereinafter referred to as "the Principal", has applied to the City of Edmonds, hereinafter referred to as "the City", to construct the project known as on a site located at within the City of Edmonds, and WHEREAS, the City approved the requested action and, WHEREAS, the approval granted by the City and the provisions of the Edmonds Development Code require certain improvements to be made in connection with construction of the project, and whereas the improvements are shown on the approved site plan and other required plans and are further defined by the conditions identified in the City file, NOW, THEREFORE, the undersigned Principal and bonding company, a corporation authorized to transact surety business in the State of Washington, hereinafter referred to as "the Surety", agree and bind themselves, their heirs, executors, administrators and assigns, unto the City in the sum of $ lawful money of the United States, according to the following terms and conditions: 1) If the Principal does not complete all improvements required by the above -referenced conditions, plans, and file within months (not to exceed 24 months), then the Surety shall, upon the demand of the City, remit to the City within ten (10) days of receipt of said demand the amount of this bond or such lesser amount as may be specified in the demand. 2) In the event the Principal fails to complete all of the above referenced improvements within the time period specified by the City, its employees and agents shall have the right at their sole election to enter onto said property described above for the purpose of completing the improvements. This provision shall not be construed as creating an obligation on the part of the City or its representatives to complete such improvements. 3) In the event any lawsuit is instituted by the City of Edmonds, the Principal or the Surety to enforce the terms of this bond or to determine the rights of any party hereunder, the prevailing party in such litigation shall be entitled to recover from the losing party its costs, including reasonable attorneys' fees, incurred as a result of such lawsuit. L:\Building New Folder 2010\Forms\PERFORMANCE BOND BONDING COMPANY.doc6/29/2011 City of Edmonds Performance Bond Bonding Company Page Two 4) This bond shall remain in full force and effect until the obligations secured hereby have been fully performed and a bond guaranteeing maintenance of all improvements for a period of two (2) years from acceptance has been submitted to the City in an amount to be determined by the City, of the cost of the improvements and in a form suitable to the City, and until released in writing by the City at the request of the Surety or the Principal upon expiration of the period specified in the above paragraph. DATED this Bonding Company Officer/Title Mailing Address Bond Number day of Developer/Owner/Principal Print Name Mailing Address Telephone Number BONDING COMPANY SURETY ACKNOWLEDGMENT STATE OF WASHINGTON ) ) ss. COUNTY OF On this , day of before me, the under -signed, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared to me known to be the of , the corporation that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that was authorized to execute said instrument and that the seal affixed is the corporate seal of said corporation. WITNESS my hand and official seal hereto affixed the day and year first above written. NOTARY PUBLIC in and for the State of Washington, residing at LABuilding New Folder 2010\Forms\PERFORMANCE BOND BONDING COMPANY.doc6/29/2011 City of Edmonds Performance Bond Bonding Company Page Three DEVELOPER/OWNER ACKNOWLEDGEMENT STATE OF WASHINGTON ) ) ss. COUNTY OF ) On this , day of before me, the under -signed, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared to me known to be the of , the general partnership that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said partnership, for the uses and purposes therein mentioned, and on oath stated that was authorized to execute said instrument. WITNESS my hand and official seal hereto affixed the day and year first above written. NOTARY PUBLIC in and for the State of Washington, residing at LABuilding New Folder 2010\Forms\PERFORMANCE BOND BONDING COMPANY.doc6/29/2011 A� of hD_4 0� ` �� r �16 to Late rostea Date Expires Account Number City of Edmonds 121 5`" Avenue North • Edmonds • WA 98020 • (425) 771-0220 Fax (425) 771-0221 Website: www.ci.edmonds.wa.us DEVELOPMENT SERVICES DEPARTMENT Planning • Building • Engineering PERFORMANCE FROZEN FUND Edmonds Building Permit No. Project Address Owner/Developer With reference to the above identified project, this will certify that this Banking Institution has a frozen fund account/savings account (or loan) for the above -referenced developer/owner for the project so identified. In consideration of the permitted development of the property this institution hereby agrees that it will freeze the sums of money for the indicated site improvements pending written authorization for release of said funds by the City of Edmonds in the amount of The total sum indicated will be withheld by this Banking Institution from any disbursements of any kind until written authorization has been received by the institution from the City of Edmonds to release the sum of money indicated by the written authorization from the City. The design, location, materials and other specifications for the indicated site improvements are those required by the City of Edmonds and appear in the above -referenced Edmonds building permit file and are in compliance with the Edmonds Community Development Code of said City. In the event the owner/developer fails to complete the indicated improvements within weeks/months, (not to exceed 24 months) the City of Edmonds may demand, and the institution shall make, payment to the City of said funds so that the improvements can be installed or completed immediately to City standards. The institution shall not be liable to the owner for any disbursement of said funds to the City of Edmonds. It is hereby specifically agreed by and between the parties hereto that in the event that any legal action must be taken to enforce the provisions of this agreement or to collect said frozen fund, that the prevailing party shall be entitled to collect its cost and reasonable attorneys' fees as a part of the reasonable costs of securing the obligation hereunder. In the event of settlement or resolution of these issues, prior to the filing of any suit, the actual costs incurred by the City, including reasonable attorneys' fees, shall be considered a part of the obligation hereunder secured. Said costs and reasonable legal fees shall be recoverable by the prevailing parry, not only from the proceeds of this frozen fund account, but also over and above said body as a part of any recovery in any judicial proceeding, in addition to recovery of the funds. L:\Building New Folder 2010\Forms\BONDPerformanceFrozen.doc6/29/2011 City of Edmonds Performance Frozen Fund Account Page Two Financial Institution Officer/Title Owner/Developer/Principal Print Name Mailing Address Mailing Address Account Number Telephone Number FINANCIAL INSTITUTION ACKNOWLEDGEMENT STATE OF WASHINGTON ) ) ss COUNTY OF ) On this day of , before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared , to me known to be the of , the corporation that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that was authorized to execute said instrument and that the seal affixed is the corporate seal of said corporation. WITNESS my hand and official seal hereto affixed the day and year first above written. NOTARY PUBLIC in and for the State of Washington, residing at LABuilding New Folder 2010\Forms\BONDPerformanceFrozen.doc6/29/2011 City of Edmonds Performance Frozen Fund Account Page Three DEVELOPER/OWNER ACKNOWLEDGEMENT STATE OF WASHINGTON ) ss. COUNTY OF ) On this , day of , before me, the under -signed, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared to me known to be the of the general partnership that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said partnership, for the uses and purposes therein mentioned, and on oath stated that was authorized to execute said instrument. WITNESS my hand and official seal hereto affixed the day and year first above written. NOTARY PUBLIC in and for the State of Washington, residing at L:\Building New Folder 2010\Forms\BONDPerformanceFrozen.doc6/29/2011