Resolution-Review of Easements-Conditions-Comments 1.pdfIn
Date:
To:
From:
Subject:
MEMORANDUM
January 7, 2019
Lee A. Michaelis, Puget Sound Planning
Jeanie McConnell, Engineering Program Manager
Kernen Lien, Environmental Programs Manager
PLN20180021— Street Vacation
Landsverk— 19511 — 94' PI W
The comments provided below are based upon review of the documents submitted in
compliance with the conditions of approval outlined in Resolution No. 1419. Revisions are
required at this time; please respond to the following.
1) In addressing the comments below, please provide an updated "Conditions of Approval
Compliance Letter".
2) Utility Easement
a. Please revise the 2nd sentence in the 3rd paragraph to include the underlined
language below:
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 heris, or assigns shall not
plant trees, shall make reasonable efforts to inhibit the growth of volunteer trees,
and shall not construct any permanent structure over, upon, or within the
permanent easement.
3) Utility and Emergency Vehicle Access Easement
a. The subject easement is intended to be an access easement only. The easement
will provide access for utility and emergency vehicles. Please revise the easement
document to remove language that deals with the operation, maintenance,
replacement, etc. of the utility systems.
4) Private Road Construction and Maintenance Agreement
a. The subject document is both an easement and maintenance agreement. The
document title could be better stated as "Private Road Easement and Construction
and Maintenance Agreement.
City of Edmonds
b. In reading the subject document it appears as though this document is intended to
provide the covenant regarding road widening with future building permit. The
covenant has a temporary nature, while the road easement and maintenance is long
term. It may be cleaner to provide a separate covenant document.
c. The covenant restrictions have been included in section 5 of the subject document;
however, the restrictions are not in line with the conditions of Resolution No.
1419. Please revise (whether in a separate covenant document or not) to fall in
line with the Resolution. Specifically, the covenant shall not be written to apply to
additional parcels. The resolution states "The covenant shall provide that
construction of the emergency access road will be a condition of building permit
approval in the event that an additional single-family residence is proposed to be
constructed and take primary or secondary access from any portion of the area to
be vacated."
5) Provide a cross section that shows the width of the existing access road, as well as the
width of the proposed access road (to be improved as a condition of future buiding
permit). Clearly indicate the proposed access easement area will align with the future
improvement.
6) In review of the limits of the existing road and the proposed access road easement limits,
it appears as though a portion of the existing roadway (west of the fire hydrant) will fall
outside the easement area. This can be seen on the boundary line adjustment document
provided for PLN20170050. Please confirm the existing roadway does in fact fall within
the proposed easement areas. If the existing roadway could be depicted on the composite
drawing, that could be useful. The scale of the composite drawing may need to be
adjusted to 1"=20'.
7) Please note, the subject street vacation will be placed on the Februrary 5tn City Council
meeting. The conditions of Resolution No. 1419 will however, need to be met by January
14, 2019 (90 days from the date of adoption of the ordinance).
8) Please also note, prior to construction of the access road turn around and any road
widening, a construction plan will need to be submitted to the City for review and
approval.
Thank you.