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S-09-43 Comments on 1st Draft Recording Documents.pdf CE ITY OF DMONDS th • 1215 AN•E,WA98020 VENUEORTHDMONDS P: 425.771.0220 • F: 425.771.0221 • W:www.ci.edmonds.wa.us HONEAXEB DSD: P•E•B EVELOPMENT ERVICES EPARTMENTLANNINGNGINEERING UILDING July 15, 2010 Mr. Ron Johnson Email: ronmaile@verizon.net ST RE: COMMENTS ON 1 DRAFT RECORDING DOCUMENTS FOR MACDONALD SHORT PLAT, FILE NO. PLN20090043 Dear Mr. Johnson: The Engineering Division and I 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: 1.Under the “Declaration of Short Subdivision, Covenants, Conditions and Restrictions” heading, please make the following changes: a.Add to the second sentence in Item #1 as follows (additional wording is underlined): “Lots 1 and 2 shall retain and/or establish native vegetation as detailed in a native vegetation plan approved by the City of Edmonds.” b.Remove Item #2 since setbacks are not shown. c.Add an additional item stating: “Subject to a sanitary and/or storm sewer line easement, and the terms and conditions thereof, as recorded under AFN 1964614.” 2.Add the following underlined language to the first sentence of the Hold Harmless Agreement: “Owner, and all persons having any present or subsequent ownership in these lands…”. 3.Under the “Legal Descriptions” heading, please make the following changes: a.Change the subheading “Total Parcel” to “Original Parcel”. b.The tidelands were not part of the subdivision. Therefore, remove the legal description for the tidelands from the new “Original Parcel” subheading and remove the statement “Together with tidelands that attach to said property by operation of law” from the “Lot 1” subheading. 4.On Sheet 1, add a heading entitled “Sewer Easement Provisions,” and add the following text under this new heading: “A 10’ sanitary sewer easement is hereby reserved under and upon the south 10’ of Lot 1 as shown herein, in benefit of Lot 2.” 5.On Sheet 1, add a heading entitled “Sewer Easement Maintenance Provisions,” and add the following text under this new heading: “Maintenance, repair, and/or reconstruction of any private utility systems and appurtenances, if any, located upon or within the 10’ sanitary sewer easement across Lot 1 shall be the collective responsibility of the owners of Lots 1 and 2, and the costs of said maintenance, repair and/or reconstruction shall be borne jointly and equally by the owners of Lots 1 and 2, except no owners shall be responsible for said maintenance, repair and/or reconstruction of that portion of the sewer system located upstream from the point of connection of that respective lot owner.” 6.Under the “Notes” heading on Sheet 2, please conduct the following: a.Remove Item #3. The City does not enforce private height covenants. During building permit review, the City only reviews a proposed structure for compliance with the maximum allowed height of the applicable zone. Private covenants further limiting the height of a structure are privately enforced. As such, it is not appropriate to have this restriction on the subdivision documents. If the owner wishes to pursue a private height covenant, a separate document will need to be recorded. b.Add an item stating the following: “Work within the minimum required steep slope buffer and/or critical areas building setback shall comply with the critical areas code requirements of ECDC 23.40 and 23.80, or as amended. A geotechnical report for such work may be required.” c.Add an item stating the following: “A 10’ sanitary sewer easement is reserved across Lot 1 for future use by Lot 2 should it become necessary to install a new sewer line to serve said lot.” 7.Exception #4 in the title report states that there is an existing 10’ sanitary and/or storm sewer line easement across the northwesterly 10’ of the subject site (AFN 1964614). Please add this easement to the map on Sheet 2. 8.Add the top of the steep slope to the map on Sheet 2 as well as the minimum 50-foot steep slope buffer. The “B.S.B.L” line should be re-labeled as the 15-foot critical areas building setback. 9.Note that all signatures on the final documents must be made in black ink. Please make the above changes and submit your updated recording documents to a Planner, Monday through Friday between 8:00 am and 4:30 pm. If you have any questions, feel free to contact me at (425) 771-0220, ext. 1224. Sincerely, Development Services Department - Planning Division Jen Machuga Planner Cc: Jeanie McConnell, Engineering Program Manager