Reasonable Accomodation Agreement.pdfAGREEMENT FOR REASONABLE ACCOMMODATION
This Agreement for Reasonable Accommodation ("the Agreement') is..hereby lade and
entered into this S- day of IYA16W6el' . , 2007, by and between the City of Edmonds ("the
City"), a municipal corporation organized under the laws of the State of Washington, and
Kathryn Saldin, Mary Kathryn Burns and James Richard, Jr., each an individual and an owner of
the subject real property (collectively "the Applicants").
RECITALS
A. On September 13, 2007 the City issued a demolition permit (No. BLD20070934)
authorizing the demolition of an existing single family dwelling structure upon the real property
located at 16105/16109 North Meadowdale Road acid legally described in Exhibilt A, attached
hereto and incorporated herein by this reference as if set forth in full ("the Property"). The
existing single family structure is. comprised of approximately 1,220 square feet, and is located
within the area of the Property.
B. The Property is owned jointly by the Applicants.
C. . On September 13, 2007, the City issued a building permit (No. BLD20070400)
authorizing construction of a new single family dwelling upon the Property.
D. The. zoning designation for the Property is RS -20, which only allows one dwelling
unit per lot. The owner has designated the existing dwelling as a security unit, (the "Security
Unit") as defined in ECDC Chapter 17.70.000, which allows the existing residence to remain
only until the March 13, 2008 expiration date of the demolition permit, after which it must be
demolished.
E. Kathryn Saldin has a documented permanent disability consisting of significant
lower back pain andis under the care of a medical physician.
F. Because construction of the new residence will not likely be complete by March
13, 2008, the Applicants have requested reasonable accommodation pursuant to Chapter 17.05 of
the Edmonds Community Development Code (ECDC)
G. Chapter 17.05 ECDC authorizes the City of Edmonds Community Services
Director ("the Director") to waive, modify or vary ECDC provisions to the. extent necessary for a
disabled person to have full enjoyment of a property or residence.
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TERMS
Based upon the above recitals and pursuant to Chapter 17.05 ECDC, the City and the
Applicants hereby agree and covenant as follows:
Reasonable Accommodation Granted. In accommodation of
No. BLD20070400, or (2) January 1, 2009.
Section 2. N_ ontransferrability of Accommodation. The reasonable accommodation
provided under Section 1 of this Agreement is specific and personal to Kathryn Saidin, shall not
run with the land, and shall not be utilized by any other person except to the limited extent set
forth in ECDC 17.05.040. The Applicants shall, at their own. expense, cause written notification
of the existence of this Agreement, together with a copy thereof, to be provided to any future
owner or occupant of the Property.
Section 3. Acknowledgement of Occupancy Precondition. The Applicants expressly
acknowledge that the Security Unit must be completely demolished pursuant to Permit No.
BLD20070934 prior to issuance of a certificate of occupancy for the new single family residence
authorized under Permit No. BLD20070400. The Applicants hereby waive and forgo any claim,
defense or cause of action against the City, its officials, employees and agents with respect to any
refusal or delay by the City with respect to said certificate of occupancy to the extent that such
refusal or delay results in any way from the failure of the Applicants to cause the Security Unit to
be lawfully demolished.
Section 4. Sale or Transfer of the Underlying Property. The Applicants shall notify
the City of Edmonds Building Official in writing within 30 days of the sale or transfer of the
Property.
Section 5. Enforcement. The City may enforce the provisions of this Agreement
using any lawful means at its disposal, including but not limited to code enforcement
proceedings, civil litigation and/or abatement. All expenses incurred by the City in any such
action, including but not limited to attorneys' fees, shall be promptly reimbursed by the
Applicants upon written demand therefore.
Section 6. Indemnification. The Applicants shall fully protect, indemnify, defend
and hold harmless the City, its officials, employees and agents from and against any and all
claims, losses, liabilities, damages and causes of action, including attorneys' fees, arising in any
way directly or indirectly from the Applicants' breach of this Agreement.
Section 7. Joint and Several Res onsibili . The Applicants each expressly
acknowledge and agree that any obligation, responsibility and/or liability imposed upon "the
Applicants" under this Agreement shall be construed as referring to Kathryn Saldin, Mary
Kathryn Burns and James Richard, Jr., each of whom shall be jointly and severally responsible
therefore.
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Section S. Regulatory Authority Reserved. Nothing herein shall be construed as a
waiver, abridgement or limitation of the City of Edmonds' regulatory authority and police
power, which the City hereby expressly reserves in full.
By executing this Agreement as provided below, the parties hereto acknowledge and
represent that they have read this Agreement, that they have enjoyed ample opportunity to
discuss this Agreement with their own legal counsel, and that they understand and agree to be
fully bound by the terms hereof,
ClOF EDMONDS, (date) KATHRYN AL IN (datel
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Exhibit A
Property Description
MEADOWDALE BEACH BLK 000 D-02 - TH PTN TRS 48-49-51 TGW A PTN PLATTED RD
MEADOWDALE BEACH & VAC 40FT MEADOWDALE RD QCD VOL 1613 PG 308 DAF - BEG AT SE COR
OF TR 49 TH S87* 13 42W ALG S LN OF SD TR 49 FOR 210.52FT MIL TO INT MOST ELY LN OF A TR
CONVYD TO WILLIAMS 7-31-50 AUD FILE NO 952093 & FURTHER DESC UNDER BDY AGREEMENT
AUD FILE NO 1756182 TPB SD PT BEING MARKED BY AN IRON PIPE TH N17*32 48W ALG MOST ELY
LN OF SD WILLIAMS TR 1OFT TH S52* 12 40W 79.07FT TH S29*59 08W 93.03FT MIL TAP ON N MGN OF
EXST 60FT R/W N MEADOWDALE RD AS EST BY CITY OF ED ORD NO 1853 SD PT BEING ON A CRV
14AVG A RAD THAT BEARS S33*38 18W 507.50FT TH SELY ALG NELY BDY OF SD R/W WH IS A CRV
TO R THRU A CIA OF 20*39 17 AN ARC LENGTH OF 182.95FT TH N53*46 28E 25FT TH N04*12 48W
139.15FT TPB & TWG ALL TH PTN TR 49 & TR 48 & PLATTED R/W IF ANY & TR 50 LY SELY & SLY OF
A LN DAF - COM AT CONC MON WITH BRASS DISK MARKING SE COR OF SWLY TH NO2*37 51W ALG
E LN SD SUB 1313.73FTrTO A CONC MON,WITH BRASS DISK IN CASE TI :N`89*51 44W 653.72FT TO A
CONC MON WITH BRASS DISK IN CASE TH CONT N89*51 44W 5FT TO CIL, OF 70TH AVE W TH S88*05
14W ALG CIL OF SD VAC ST 350.32FT SD PT BEING 20FT N & 22.IFT WLY OF NW COR TR 49 TH CONT
S88*05 14W ALG SD CIL 128.24FT TAP ON EXST FENCE LN AS EST BY DEED REC. NO 1756182 TH
S15*28 OOE ALG SD FENCE LN 303.13FT TO NLY MGN OF N MEADOWDALE RD AS EST BY ORD NO
1853 TH TH S55*41 50E ALG RD MGN 67.73FT TO BEG OF A CRV TO R WITH RAD OF 507.69FT TH
SELY ALG SD RD MGN & CRV THRU A C/A OF 00*58 24 AN ARC LENGTH OF 8.62FT TO INT SWLY
PROLNG OF A FENCE LN & POB TH N29*18 37E ALG PROLNG & FENCE LN A TOTALDIST 96.68FT TO
NELY END SD FENCE TH N80*56 03E 75.53FT TO ELY LN PRTY FRANCIS C & MARGUERITE R
WILLIAMS BY DEED REC AF NO 952093 & THE TERMINUS OF THIS LN DESC PER AF NO 9203310033
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