Loading...
Pt Edwards-Easements-Encroachments-Attachments-Engr Comments.pdfof EDV0 CITY OF EDMONDS CIVIL PLAN REVIEW COMMENTS ENGINEERING DIVISION 6'st 1 g90 (425) 771-0220 City Website: www.edmondswa.gov DATE: October 30, 2018 TO: Louise Dickins louise@customerservicewarranty.com FROM: Jeanie McConnell, Engineering Program Manager jeanie.mcconnell@edmondswa.gov RE: Application #: bld20150846 Project: Edmonds Pine Street and Building 10 Encroachments and Easements Project Address: 50 Pine Street An Encroachment Agreement was received, however, it also included elements related to easement areas. The documents cannot be processed as received. Please address the following and resubmit directly to me. ENCROACHMENT PERMIT An encroachment permit is required when private infrastructure is to be located within the public right-of-way. As part of this approval process, an encroachment agreement shall be recorded against the property. My recollection of previous discussions was that two separate encroachment permits would be needed due to the need for signatures of approval from two different groups of people. One encroachment would be for Point Edwards and the other would be for Edmonds Pine LLC. Comments are provided below under that context. Point Edwards An encroachment permit was under review and comments had gone back and forth between the City and the surveyor, but the agreement was never recorded against the property. Since that time, the irrigation line crossing Pine Street is no longer part of the encroachment and therefore revised encroachment permit documentation is required. A copy of the latest version of that draft encroachment permit and agreement is attached for your reference. 1) Encroachment Agreement needs to be updated to accurately state the encroachments. 2) Exhibit A — the Property Legal description is labeled as "Pine Street Water Crossing", but this exhibit should simply be labeled as Point Edwards. 3) Exhibit B-1 appears to be accurate. 4) Update Exhibits B-IA— B-1D as follows: a. Clarify what "strip for wiring" means. Does this refer to a general area in which conduit was placed? Please specify size of conduit and pipe material. b. Please clarify that the hatched area is what is being called out for the approximate location. c. Correct incorrect spelling of the word "approximate" 5) Exhibit B-2 is no longer applicable as the water crossing was abandoned. 6) Exhibit B-3 appears to be accurate. Edmonds Pine LLC 2) Update item 2 on page 1 of the Encroachment Agreement to note the "Easement" as being "Pine Street Right -of -Way. 3) Update item 3 on page 1 of the Encroachment Agreement to only state the private infrastructure that is located within the Pine Street right-of-way. I believe this only pertains to the lighting and associated wiring. 4) The civil construction asbuilts for the project indicate one light pole was located on private property. Please confirm this is accurate and update Exhibit 13-1 as needed. 5) Update Exhibit B-IA and 13-113 as follows: a. Clarify what "strip for wiring" means. Does this refer to a general area in which conduit was placed? Please specify size of conduit and pipe material. b. Please clarify that the hatched area is what is being called out for the approximate location. c. Correct incorrect spelling of the word "approximate" PUBLIC EASEMENTS Public easements are required when public infrastructure or areas designated for public use are located on private property. Updated easement documents were received, but they were included as part of the encroachment agreement, which will not work. Please address the following: 1. A legal easement document (example attached), shall be used along with the Exhibits provided. 2. Easements to the City need to be approved by City Council prior to recording. Once the easement documentation has been finalized I will run the easements through the appropriate approval process. 3. Sidewalk Easement Exhibits: a. Update Exhibits to include all portions of the public sidewalk that extend onto private property. In reviewing the project asbuilts, it appears as though there are three areas on the south and east sides of Pine Street in which the sidewalk encroaches onto private property. b. Additionally, there are public sidewalk easements required along the north and west sides of Pine Street that were not recorded with the original development. All sidewalk easements should be recorded under one easement document. Please include additional exhibits for these areas. 4. Water Meter Easement Exhibits: Page 2 of 3 a. Please provide an enlarged site plan section, to be recorded with the subject easement, which shows the location of the water meter in relation to other improvements such as the sidewalk, driveway, etc. b. Exhibit B - Please provide an enlarged view of the easement area with dimensions noted. Also, please confirm that the location of the meter/easement area shown in the survey matches the location shown on sheet C7 of the asbuilt plans for the project. The particular meter that needs an easement is located north of the parking garage entrance and it does not appear as though it matches the location shown on the exhibit. Water Vault Easement Exhibits: a. A water vault easement exhibit has been provided, but I am not aware of the need for an easement. The fire line vault, which looks to be in a location similar to what has been shown on the exhibit, shall be privately owned and maintained. Please clarify the intent of this easement. Page 3 of 3 0N. ED/ty0 U~ st. I g9"3 ENCROACHMENT PERMIT APPLICATION PROPERTY OWNER NAME: Point Edwards 11, LLC Phone 206-374-0414 PROPERTY OWNER MAILING ADDRESS: 2801 Alaska Way, Suite 107, Seattle, WA 98121 BUSINESS NAME: Point Edwards 11, LLC ADDRESS OF PUBLIC USE: 11720 Pine Street Describe the portion of public space, City right-of-way or easement area to be utilized (i.e., overhead space of sidewalk, 10 foot City utility easement along north property line, etc): �" (• �I �y `� Various areas along, the Pine Street Right of Way as shown in the following Exhibits ( t St Describe the type of encroachment or use desired (i.e., fence 6 feet by 150 feet, awning 3 feet wide by 7 feet long, etc.): 4" sleeve and enclosed irrigation line approx. 4' below surface crossing Pine Street at station 11+40 +/-. Total square footage of encroachment is 75 sg.ft. +/- 8" sanitary sewer line crossing Pine Street at station 15+35 +/-. Total square footage of encroachment is 61 sq. ft. +/-. Varying width strip to encompass street lights and wiring along Pine Street from station 11+77 +/- to station 25+01 +/-. Specify the length of time for use (i.e. awning for life of building, espresso cart for summer months, etc.), For life of associated amenity. NOTE: The issuance of this permit is understood by the applicant to be of a temporary nature and that no vested right is granted. INDEMNITY: The applicant understands and by his/her signature to this application, agrees to hold the City of Edmonds harmless from any injuries, damages or claims of any kind or description whatsoever, foreseen or unforeseen, that may be made against the applicant or the City of Edmonds, or any of its departments or employees, including but not limited to the defense or any legal proceedings including defense costs, court costs, and attorney fees by reason of granting this permit. In addition, the application understands that the City shall be provided a Certificate of Insurance to indemnity and hold harmless the City of Edmonds from all claims and/or property damage, and naming the City of Edmonds as an additional insured. CODE APPLICATION: By signing the application below the applicant warrants that s/he has read or had the opportunity to read Chapter 18.70 of the Edmonds Community Development Code and s/he understands that all S:\Engr\Forms\Eneroachment Handout.doc Revised 4/18/2011 CRITERIA OF PERNUT APPROVAL The applicant shall follow the noted conditions on the building permit. All applications shall conform with the following criteria at all times. ➢ Provide safe pedestrian travel. Maintain a clear zone of 5 feet minimum. See definition of Clear Zone below. ➢ Maintain clear landings on the exterior side of all required exit doors of 5 feet or no less than width of door, measured toward the street. ➢ No projections into City alleys are permitted unless the projection exceeds 15 feet above pavement surface. ➢ Do not block illumination from City light fixtures or hang objects from City light standards. ➢ Architectural projections from buildings must be approved by the Design Board and conform to Uniform Building Code requirements. A building permit shall be required for such projections. ➢ Maintain 3 feet of clearance around fire hydrants, standpipes, manholes, water meters, blowoffs, cleanouts and valves. ➢ Approved fence construction across City easements must maintain a point of access (e.g. gate) to allow the City a point of entry to the easement area. ➢ Ramps require a separate building permit and must conform to UBC standards. Clear Zone: A Clear Zone refers to an area 7 feet in height and 5 feet in width providing a level, safe walking surface along the public sidewalk (i.e. measuring 5 feet from edge of street tree grates or newspaper stands toward place of business and from the ground up to a height of 7 feet. Clear zone on sidewalks shall not include any curbing, planting strips or ramps.) ------------------DEPARTMENT APPROVALS ---FOR CITY USE ONLY Planning Division Approved By ADB# Date Remarks or Comments: Public Works Approved By, Remarks or Comments: Engineering Division Approved By Bond Date Remarks or Comments: Certificate of Insurance Verified By Date Easement Agreement sent to City Clerk for recording Date ENCROACHMENT PERMIT# ISSUANCE DATE ASSOCIATED BUILDING PERMIT # SAEngr\Forms\Encroachment Handout.doc Revised 4/18/2011 When recorded mail to: SPACE ABOVE TIC LINE FOR RECORDERS City Clerk USE City of Edmonds Assessor's Parcel No.: 121 Fifth Avenue North Edmonds, WA 98020 ENCROACHMENT AGREEMENT This ENCROACHMENT AGREEMENT ("Agreement") is entered into between the CITY OF EDMONDS ("City") and Pet »i- Jl,.,a s L- L c... ("Owner(s]"), in accordance with Chapter 18.70 of the Edmonds Community Development Code. 1. The Property. Owner is the owner of that certain real property located at 11720 Pine Street, within the City of Edmonds, Washington, Assessor's Parcel Numbers 27032600104100 and 010226xxxxxxxx (Point Edwards Condominiums), and more particularly as described in Exhibit "A" attached hereto and incorporated herein by reference. 2. The Easement. The City right-of-way adjacent to owner's property. 3. The Encroachment. The Owner desires to encroach upon the public easement and the City hereby covenants and agrees and grants its permission to Owner to allow a 4" sleeve and enclosed irrigation line approximately 4 feet below the surface crossing Pine Street, an 8" sanitary sewer line crossing Pine Street, and a varying width strip to encompass street lights and wiring along Pine Street to remain in a portion of the City right- of-way/easement. A partial site plan, scaled 1"=20', showing the location of the encroachment is attached as Exhibit `B" and incorporated by reference. This Agreement is subject to the following terms and conditions: a. On behalf of themselves, their successors and assigns, the Owner promises to maintain, repair, remove and/or replace the encroachment located in the easement at their sole expense to the standards established by the City. AN maintenance, repair, removal and/or replacement shall be conducted solely at the Owners' expense. 1 of 4 b. The Owner, on behalf of themselves and their successors and assigns, acknowledge that the City had no obligation to approve the encroachment within the easement for the sole benefit of the Owner, and the agreements contained herein, provide sufficient consideration for the Owner and their successors and assigns to maintain, repair, remove and/or replace said encroachment located in the easement at their sole expense in perpetuity. c. The Owner promises to indemnify and hold harmless the City, its officers, agents and employees from any loss, claim or liability of any kind or nature arising from or out of its promises contained within this agreement, including any damage that may be caused to the encroachment by the City's operation, maintenance, repair, replacement or other work related to construction activity within the easement This promise to hold harmless and indemnify includes defense by counsel of the City's choosing, the payment of reasonable attorney's fees and court costs. Nothing herein, however, shall be interpreted to require the Owner to indemnify the City from the negligence or intentional tortuous act of its employees, officers, or agents. d. The Owner shall at the request of the City, promptly remove, repair, reconstruct, and/or replace the encroachment at the Owners' sole expense. Upon receipt of notification from the City that the City requires removal of all or portions of the encroachment from within the easement, the Owner will promptly remove those portions of the encroachment from within the easement area as required by the City at their sole expense. If the portions of the encroachment required by the City to be removed are not timely removed by the Owner, they shall be removed by the City at the expense of the Owner, and the Owner shall reimburse the City for the costs of removal of the encroachment and disposal of materials as well as for any increased construction costs or consequential damages incurred by the City due to the Owners' delay. In the event that portions of the encroachment must be removed to facilitate utility and/or construction activity by the City within the easement or other requirements of the City, the Owner shall be solely responsible for replacement of the encroachment at their expense upon completion of the utility and/or construction or other activity by the City. e. Whatever rights and obligations were acquired by the City with respect to the easement shall remain and continue in full force and effect and shall in no way be affected by City's grant of permission to construct and maintain the encroachment structure. 2 of 4 f. The property owner is required to provide and continually maintain during the term of the permit a certificate of insurance naming the City as an additional insured, with respect to liability, and providing that it shall be primary as to any other policy of insurance. A copy of the insurance certificate shall be provided to the City at the beginning of each calendar year, no later than the 21' day of January. 4. Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all other agreements, oral or written, between the parties with respect to the subject matter. This agreement may not be amended except in writing in a document filed of record with the auditor of Snohomish County, Washington. S. Notices. Any notice which is required or may be given pursuant to this Agreement shall be sent in writing by United States mail, first class, postage pre -paid, registered or certified with return receipt requested, or by other comparable commercial means and addressed as follows: gto the City: City Engineer City of Edmonds 121 Fifth Avenue North Edmonds, WA 98020 I to the Owner: 2801 Q-1A�ICar� VJo�y %Q ; -11t 101- ge.a.AAZ WA, Q 111 which addresses may be changed from time to time by providing notice to the other party in the manner described above. 6. Waiver. City's consent to or approval of any act or omission by Owner shall not constitute a waiver of any other default by Owner and shall not be deemed a waiver or render unnecessary City's consent for approval to any subsequent act by Owner. Any waiver by City of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of the Agreement. 7. Termination of Agreement. In addition to any other remedy provided for by law, the City reserves the right to terminate this agreement in the event the encroachment negatively impacts or damages the City's easement and/or underlying utility systems or violates any condition of service adopted by the City, at its sole discretion, as may be necessary to prevent damage to the City's utility system, or any other public facility which may be impacted by the Owners' failure to properly use the easement 3 of4 8. Successors and Assigns. This Agreement shall be binding and inure to the benefit of the parties hereto and their respective legal representatives, successors, and assigns. Owner agrees to incorporate this agreement by reference in any subsequent deeds to the property, but any failure to do so does not invalidate this provision. 9. Cavac . Each party represents that the person(s) executing this Agreement on behalf of such party has the authority to execute this Agreement and by such signature(s) thereby bind such party. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this day of 20 OWNER(S): �J By: STATE OF WASHINGTON ) COUNTY OF SNOHOIVIISH This day, personally appeared before me, I- f-ekr tck t)j G a: rh N, to me known to be the person(s) who executed the within and foregoing document and that (helshelthey) Hc. signed the same as (bislher.ltheir) _ �� _ free and voluntary act and deed for the U,?,Lirposes therein rn ntioned. .,' '�}, 2 Notary Public NOT _ —Thwe za T. k�� A . PUBlK 2 -ft Typed or Printed Name 9 �'C��.`� My Commission expires: F WASN����` CITY OF EDMM By: ENGINEERING DIVISION 4of4 OF E D,LI v � PROPERTY OWNER NAME: Phone 206-374-0414 PROPERTY OWNER MAILING ADDRESS: BUSINESS NAME: 4?,a, - - k— ����►-c LL-G. ADDRESS OF PUBLIC USE: 11720 Pine Street Describe the portion of public space, City right-of-way or easement area to be utilized (i.e., overhead space of sidewalk, 10 foot City utility easement along north property line, etc): Various areas alone the Pine Street Right of Way as shown in the following Exhibits Describe the type of encroachment or use desired (i.e., fence 6 feet by 150 feet, awning 3 feet wide by 7 feet long, etc.): 4" sleeve and enclosed irrigation line approx. 4' below surface crossing Pine Street at station 11+40 +/-. Total square footage of encroachment is 75 sq.ft. +I- 8" sanitary sewer line crossing Pine Street at station 15+35 +/-. Total square footage of encroachment is 61 sq_ ft. +/-. Varying width strip to encompass street lights and wiring along .Pine Street from station 1 1-1-77 +/- to station 254-01 -+-/-. Total sgaure footage of encroachment is 6,259 sq. ft. +/-. Specify the length of time for use (i.e. awning for life of building, espresso cart for summer months, etc.), For life of associated amenity. NOTE. The issuance of this permit is understood by the applicant to be of a temporary nature and that no vested right is granted. INDEMNITY., The applicant understands and by his/her signature to this application, agrees to hold the City of Edmonds harmless from any injuries, damages or claims of any kind or description whatsoever, foreseen or unforeseen, that may be made against the applicant or the City of Edmonds, or any of its departments or employees, including but not limited to the defense or any legal proceedings including defense costs, court costs, and attorney fees by reason ofgranting this permit. In addition, the application understands that the City shall be provided a Certificate of Insurance to indemnity and hold harmless the City of Edmonds from all claims and/or property damage, and naming the City of Edmonds as an additional insured. CODE APPLICATION.- By signing the application below the applicant warrants that s/he has read or had the opportunity to read Chapter 18.70 of the Edmonds Community Development Code and s/he understands that all terms of the adopted ordinance are incorporated herein as if set forth in full and this application and permits therefore are subject to the terms of that Chapter. S:\Engr\Fomis\F-ncroachmeut Handoutdoc Revised 4/18/2011 ®1 Property Owner / Business Owner CRITERIA OF PERMIT APPROVAL The applicant shall follow the noted conditions on the building permit. All applications shall conform with the following criteria at all times. ➢ Provide safe pedestrian travel. Maintain a clear zone of 5 feet minimum. See definition of Clear Zone below. ➢ Maintain clear landings on the exterior side of all required exit doors of 5 feet or no less than width of door, measured toward the street. ➢ No projections into City alleys are permitted unless the projection exceeds 15 feet above pavement surface. ➢ Do not block illumination from City light fixtures or hang objects from City light standards. ➢ Architectural projections from buildings must be approved by the Design Board and conform to Uniform Building Code requirements. A building permit shall be required for such projections. ➢ Maintain 3 feet of clearance around fire hydrants, standpipes, manholes, water meters, blowoffs, cleanouts and valves. ➢ Approved fence construction across City easements must maintain a point of access (e.g. gate) to allow the City a point of entry to the easement area. ➢ Ramps require a separate building permit and must conform to UBC standards. Clear Zone: A Clear Zone refers to an area 7 feet in height and 5 feet in width providing a level, safe walking surface along the public sidewalk (i.e. measuring 5 feet from edge of street tree grates or newspaper stands toward place of business and from the ground up to a height of 7 feet. Clear zone on sidewalks shall not include any curbing, planting strips or ramps.) ------------------DEPARTMENT APPROVALS ---FOR CITY USE ONLY ---------- Planning Division Approved By _ ADB# Date Remarks or Comments: Public Works Approved By Remarks or Comments: Engineering Division Approved By- Bond _ Date Remarks or Comments Certificate of Insurance Verified By. Date Easement Agreement sent to City Clerk for recording Date s:lEngr\Fom u\Ena v*ctunent Handoutdoc Revised 4/18/2011 ENCROACEIMENT PERMIT#_ ISSUANCE DATE ASSOCIATED BUILDING PERMIT 3:IGngr%Fom T=cmachnmdHandoutdoc Revised V18/2011 EXHIBIT "A" POINT EDWARDS PINE STREET WATER CROSSING PORTION NE 1 /4, NW 1 /4, SECTION 26, T27N, R3E, W.M. ENTIRE PROPERTY LEGAL DESCRIPTION PARCEL B OF THE CITY OF EDMONDS LOT LINE ADJUSTMENT, AS RECORDED UNDER SNOHOMISH COUNTY RECORDING No. 200202145001, AND CORRECTION THERETO RECORDED UNDER SNOHOMISH COUNTY RECORDING No. 200204291076, RECORDS OF SNOHOMISH COUNTY, WASHINGTON; TOGETHER WITH LOT 3 OF CITY OF EDMONDS SHORT PLAT RECORDED UNDER SNOHOMISH COUNTY RECORDING No. 8101160175, RECORDS OF SNOHOMISH COUNTY, WASHINGTON; EXCEPT THAT PORTION THEREOF CONVEYED TO THE CITY OF EDMONDS FOR ROADWAY PURPOSES BY QUIT CLAIM DEED RECORDED UNDER SNOHOMISH COUNTY AUDITOR'S FILE No. 2004091610489, RECORDS OF SNOHOMISH COUNTY, WASHINGTON. CM <r3 �c rk) as 70 c f") 0 �zcz-� m zzo3 mz Mi mA w m 3 EXHIBIT "B-1" POINT EDWARDS STREET LIGHTING ENCROACHMENTS c LIGHT POLE oys 1 1 +77.1 31.8'LT LIGHT POLE �11+97.3 45.11T I 1 N.T.S. TOTAL AREA OF ENCROACHMENT INCLUDING VARYING WIDTH STRIP BETWEEN POLES TO ENCOMPASS UNDERGROUND WIRING IS APPROXIMATELY 6,259 SQUARE FEET. LIGHT POLE \ 12+10.4 31.8'LT LIGHT POLE )eIGHT 13+14.7 30.5'LT LIGHTPOLE 13+50.8 31.0'LT LIGHT POLE 13+85.2 31.7'LT R.O.W.WIDTH FROM CENTERLINE VARIES. LIGHT POLE 15+48.4 33.6'LT POLE +58.6 33.5'LT IGHT POLE 17+78.3 32.9'LT � LIGHT _POLE GOVT. LOT 1 18+48.6 33.2 LT NW 1 /�NE LIGHT POLE 19+53.9 32.41T L..I; w Mj W) w1 w CD 1* zlz 1 Nrl- IN N:N ZIZ oIo UI W NON L,.I' LLJ 1 _JL J I o;o zIN 1 /4 I I I I TINT STA=21+62.73 LIGHT POLE 21 +86.9 28.8'LT LIGHT POLE 22+65.8 21.21T 7A�� LIGHT POLE 23+42.7 21.0'LT LIGHT POLE 4+32.3 21.0 LT HANSEN SURVEYING LIGHT POLE LAND SURVEYORS & CONSULTANTS 25+01.1 21.1'LT 11701 108TH AVE SE, PMEI 208. RENTON, WA 98055 TEL: 425-235-8440 FAX 425-235-0266 EXHIBIT "B-1A" POINT EDWARDS STREET LIGHTING ENCROACHMENTS PORTION NE 1 /4, NW 1 /4, SECTION 26, T27N, R3E, W.M. LIGHT POLE 21 +86.9 28.8' LT LIGHT POLE 22+65.8 21.2' LT CLUBHOUSE BUILDING #85 PINE ST. LIGHT POLE 23+42.7 21.0' LT MAINTENANCE BURDING #95 PINE ST. APPORXIMATE LOCATION OF STRIP FOR WIRING LIGHT POLE 24+32.3 21.0' LT LIGHT POLE 25+01.1 21.1 ' LT EXHIBIT "B-1B" POINT EDWARDS STREET LIGHTING ENCROACHMENTS PORTION NE 1 /4, NW 1 /4, SECTION 26, T27N, R3E, W.M. I I / 1" = 50' LIGHT POLE 18+48.6 33.2' LT EXISTING BUILDING #75 PINE STREET W 1 LIGHT POLE 19+53.9 32.4' LT I� - r APPORXIMATE LOCATION OF STRIP FOR WIRING •. z c-� CONC.• INT STA=21+62.73 -CONC. NOOTKA ROAD LIGHT POLE 21 +86.9 28.8' LT EXHIBIT "B-1C" POINT EDWARDS STREET LIGHTING ENCROACHMENTS PORTION NE 1 /4, NW 1 /4, SECTION 26, T27N, R3E, W.M. I I 1" = 50' J� LIGHT POLE 15+48.4 33.6' LT /oO � : ' �� • EXISTING BUILDING ;\ #65 PINE STREET LIGHT POLE 16+58.6 33.5' LT APPORXIMATE LOCATION OF STRIP FOR WIRING LIGHT POLE 17+78.3 32.9' LT _ LIGHT POLE 18+48.6 33.2' LT EXHIBIT "B-1D" POINT EDWARDS STREET LIGHTING ENCROACHMENTS PORTION NE 1 /4, NW 1 /4, SECTION 26, T27N, R3E, W.M. I LIGHT POLE ` 1 1 +77.1 31.8' LT LIGHT POLE 1" = 50' 11+97.3 45.1' LT LIGHT POLE _ 12+10.4 31.8' LT APPORXIMATE LOCATION OF Cod �j STRIP FOR WIRING c cow c ,A f� LIGHT POLE 13+14.7 30.5' LT EMSb _ nDING #55TINPM STREET LIGHT POLE (� 13+50.8 31.0' LT yO LIGHT POLE 13+85.2 31.7' LT EXHIBIT "B— 2" POINT EDWARDS PINE STREET WATER CROSSING PORTION NE 1 /4, NW 1 /4, SECTION 26, T27N, R3E, W.M. / n xn ° N E 1" = 20' CA CONC. CURB & GUTTER E (TYPICAL) U] 3 8" DI 1124 x ° U a za o e A 4" SLEEVE FOR W IRRIGATION LINE E., O e y STATION 1 1 +40 +/- W p,, W O I Fa pa 8.4' z s ° a iS N o �A4 � 0 (fl 3 W WATER VALVE a (TYPICAL) n. V j � w LO O goND 12 DI EXHIBIT $'B-3" POINT EDWARDS PINE STREET SEWER CROSSING PORTION NE 1 /4, NW 1 /4, SECTION 26, T27N, R3E, W.M. 55 PINE STREET SSMH RIM=129.85 AB INV=114.83 8"PVC N AB c� CONcR�Fn ° INV=1 15.40 8"PVC�S�AB q W,q�k A ° J J ° 4 � s ET w ° ry.., CATCH B•. ,� SD BASIN n /s 59.7' W \ so N I So 0 I So Its 201 / ! A SID SEWER \ CLEANOUT 8" SANITARY SEWER CROSSING So STATION 15+35 +/- 50 PINE STREET BUILDING 10 (PROPOSED) Return Address: City Clerk City of Edmonds 121 - 5th Ave. N. Edmonds, WA 98020 Grantor(s): Full Name(s) Grantee: City of Edmonds Abbreviated Legal: ADD Assessor's Property Tax Parcel No.: LIST UTILITY EASEMENT Property Address: ADD or N/A IN CONSIDERATION of benefits to accrue to the grantor(s) herein, the undersigned, Full Name(s), ("GRANTOR") hereby grant(s) to the CITY OF EDMONDS, a Municipal Corporation ("GRANTEE"), a permanent easement for the installation, construction, operation, maintenance, repair, reconstruction and/or replacement of a [Description of utilityl and necessary appurtenances, over, across, through, and below the following described property, and the further right, at GRANTEE's sole expense, to remove trees, bushes, undergrowth and other obstructions thereon interfering with the location, construction, operation, maintenance, repair, reconstruction and/or replacement of said [Description of utility] and necessary appurtenances, together with the right of access to the easement at any time for the stated purposes. The easement hereby granted is located in the COUNTY OF SNOHOMISH, STATE OF WASHINGTON, and is more particularly described as the following property: ADD LEGAL DESCRIPTION. The easement area is depicted in the drawing attached as Exhibit A. GRANTEE shall, at GRANTEE'S sole expense, be responsible for the maintenance, repair, replacement, removal, relocation and reconstruction of the systems. Further, GRANTEE agrees to restore to substantially the original condition such improvements as are disturbed during the construction, maintenance, and repair of said utility or utilities, provided GRANTOR, their heirs, or assigns shall not construct any permanent structure over, upon, or within the permanent easement. GRANTEE agrees to indemnify, defend and hold GRANTOR harmless from any and all liability or damage, including attorneys' fees and costs, incurred or arising directly from GRANTEE's use, maintenance, repair, replacement, removal, relocation and reconstruction of and access to the systems, except those arising from any of GRANTOR'S acts, omissions or negligence. GRANTOR expressly reserves all rights not inconsistent with those granted to GRANTEE herein. Each party shall reasonably cooperate with the other in the performance of their obligations stated herein and to affect the purposes of this Agreement DATED THIS DAY OF 20 Full Name of Grantor(s) Accepted by the City Council dated day of , 20 lei I11&00041305Wei oil By ATTEST/AUTHENTICATED: David O. Earling, Mayor STATE OF WASHINGTON ) ) ss COUNTY OF SNOHOMISH) Scott Passey, City Clerk APPROVED AS TO FORM: Office of the City Attorney On this day personally appeared before me Full Name of Grantor(s), to me known to be the individual(s) described in and who executed the within and foregoing instrument and acknowledged that they signed the same as their free and voluntary act and deed, for the uses and purposes therein mentioned. UNDER MY HAND AND OFFICIAL SEAL THIS DAY OF 920 NOTARY PUBLIC in and for the State of Washington, residing at