Response to Eng Comments.pdfDATE:
TO:
FROM:
CITY OF EDMONDS
PLAN REVIEW COMA ENTS
ENGINEERING DIVISION
(425)771-0220
City Website: www.edmondswa.gov
September 16, 2019
Joel Patience
joelpatiencc(Mhotmail.com
Don Booth
drbooth27@gmail.com
Jeanie McConnell
Engineering Program Manager
RE: Permit Number #: ENG20190286 and ENG20190446
Project: Fence Encroachment into City ROW
Project Address: 956 Maple Way and 1002 Dayton Street
RECEIVIEL)
OCT ,oiq
1) L VE, ifipA,ltkr
During review of the above noted application, it was found that the following information, corrections, or
clarifications are needed. Please submit two (2) sets of revised plans/documents to an engineering
technician.
Resubmittals can be made at the Development Services Department on the 2nd floor of City Hall. Permit
Center hours are M, T, Th & F from 8am-4:30pm and on Wednesdays from 8:30am-12pm.
1. In review of the encroachment materials provided for 956 Maple Way and 1002 Dayton Street, it
became apparent the scope of the project has expanded from our previous conversations. Please
provide a site plan that addresses the following so review of the proposed encroachments can
continue. I would like to suggest that you provide a site plan that addresses the items below, that is
separate from the Exhibit that will be provided with the encroachment agreement.
a. Show the location of the City storm catch basins, manhole, and storm pipe within 10`h Ave S.
b. The location of the existing guardrail at the north end of 1 Odi Ave, which will need to remain or
alternatively could be replaced with the City's current standard for end of roadway delineation.
Refer to City detail TR-573 for more information.
c. Critical area boundary. The proposed fence will need to be located outside any critical areas.
d. Description and dimensions of proposed gates.
e. Proposed material in the area labeled as parking, along with impervious surface area quantity.
Please note, commercial use of the right-of-way will not be approved. Please also note that use of
the ROW for parking may be denied. This will be reviewed further when information on the gate
and impervious surface areas is received.
2. Additionally, the following will need to be addressed with future submittal of the encroachment
agreement and any exhibits:
a. The encroachment agreement submitted to the City is a copy, which makes the writing a little
more difficult to read, and in addition, some of the writing extends into the margins. Snohomish
review comment form -encroachment
County will not record documents that do not maintain a 1" margin. Please provide an original
encroachment agreement and ensure all writing falls outside the 1" margin.
b. Exhibit `B" will also need to maintain 1" margins and have no less than 8pt font. Please revise as
needed to address the entirety of these plan review comments.
c. Revise No. 2 in the Encroachment Agreement "The Easement" to specifically refer to the 1 Oth Ave
right-of-way, north of Maple Way. The notes re: illegal dumping do not describe the easement
area for the purposes of the encroachment.
d. Revise No. 3 in the Encroachment Agreement "The Encroachment" to be specific to actual
proposed encroachment, the fence. ,
3. Apologies for any confusion, but additional insurance is not required on single-family residential
properties. Thank you for providing the insurance documentation, but please note you can remove the
additional insured clause from your policy if you choose.
review comment form -encroachment
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When recorded mail to:
City Clerk
City of Edmonds
121 Fifth Avenue North
Edmonds, WA 98020
SPACE ABOVE THE LINE FOR RECORDERS USE
Assessor's Parcel No.: 4'xl7, QVI AGto eim(p
Applicant:
ENCROACHMENT AGREEMENT
This ENCROACEMENT AGREEMENT ("Agreement") is entered into between the
CITY OF EDMONDS ("City") and .! > I7Ck,e- Lk, ?�r Plj
("Owner[s]"), in accordance with Chapter 18.70 of the Edmonds Community Development
Code.
1. The Pro )ert . Owner is the owner of that certain real property located at
P;� /'J ` t -- --- -�- within the City of Edmonds,
Washington, Assessor's Parcel Number :4" e, (n49 e!) 14a !! �
and more particularly described as follows
— or
as described in —Exhibit "A" attached hereto and incorporated herein by reference.
a ,
2. The Easement. The City right-of-way adjacent to owner's property or an
existing easement used for (strike those that don't apply) [s , joatf ey,.��;-sida'alk,
bi ath, pedestr�s r nt, sa sewer, wa{r, stpdfi, other IGs'n1 b►IJ
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 Sh �. t • OY (21 � 5 L,BG� A•fZA IN RALF— V ,e f*� l�W&.. CA W
fkkenftfi- it 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:
E26-EncroachAgreement 2.13.13.fmal.doc
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.
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. CapacLq. 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 j-
L day
of 20
By: A.// By:,/�� %4/,
STA
OF SNOHOMISH
This day, personally appeared before me, _Joy �la�Wirt
to me known to be the person(s) who executed the within and foregoing document and that
(he/she/the AmA signed the same as (his/her/their 46.I free and voluntary act
and deed for the uses and purposes therein mentioned.
' ROBERT P JORGENSEN
NOTARY PUBLIC
STATE OF WASHINGTON
COMMISSION EXPIRES
AUGUST 9, 2021
CITY OF EDMONDS
LIN
ENGINEERING DIVISION
C'
Notary Public
70-jorAwo
Typed or Printe ame
My Commission expires:
E26-EncroachAgrccinew 2.13.13.final.doc
affected by City's grant of permission to construct and maintain the encroachment
structure.
-2of4-
f. Business and commercial operation property owners are 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 215t day of January.
g. Owner shall, in the performance of this Agreement, comply with all applicable
Federal, State and local laws and regulations, including but not limited to City
code and ordinance requirements.
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.
5. 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:
100 the City: If to the Owner:
City Engineer �l -L-- -1; ym. ex "fy I �9�0 vI
City of Edmonds 714
121 Fifth -Avenue North
Edmonds, WA 98020
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 right of way, easement and/or underlying utility
systems or violates any condition of service adopted by the City, at its sole discretion, as may
E26-Encroach:\grcement 2.13.13_fmal.doc
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