Mathay Ballinger Park PropertyP9P-i-L*-')-2-
January 20, 1981
MEMO TO: Harve H. Harrison
Mayor
FROM: Jim Jessel, Director
Parks and Recreation Department
SUBJECT: DISCUSSION REGARDING MATHAY-BALLINGER
PARK IMPROVEMENTS AND FINANCING FROM
IN LIEU PARK FUND
As described in the attached letter from the Lake
Ballinger Community Club, certain improvements have
been requested at Mathay-Ballinger Park. These improve-
ments (see attached cost estimate), including a sport
court and a children's play structure, are designed to
encourage a more versatile use of the park and discour-
age illegal and inappropriate park uses.
Betty Mathay and Doug Gerbing of the Community Club
will be available to answer your questions at the
hearing.
The Park Board has reviewed this project and suggested
the $8,800 cost come from the In Lieu Park Fund.
Adequate funds are available through the In Lieu Fund
(approximately $125,000) to complete the Mathay-Ballinger
rehabilitation and the required Edmonds Junior High
playfield rehabilitation.
JJ/mw
Attachment
M
119 LAKE BALLINGER COMMUNITY CLUB
December 3, 1980
The City of Edmonds
Parks and Recreation Advisory Board
Civic Center
Edmonds, Washington 98020
Re: Mathay-Ballinger Park
Dear Board Members:
We have been informed that on September 24, 1980 the
Parks Board recommended the following actions at Mathay-
Ballinger Park:
1. That fire pits not be installed at the present
time (too prone to illegal usage).
2. That an $8,000 sport court be funded. The exist-
ing basketball court should be retained.
3. Supply the community with materials, including
logs, fittings and concrete (projected cost,
$1,700), and a city construction supervisor to
build a new playground structure.
4. That the $9,700 project come from the In Lieu Fund.
5. That this recommendation be forwarded to the Lake
Ballinger Community Club for consideration before
it is sent to the City Council.
The Lake Ballinger Community Club Board has approved
the recommended actions and looks forward to early implementa-
tion by the City Council. On behalf of the Board and the
members of the community, we would like to thank the Parks and
Recreation Advisory Board for the time and effort which they
have expended in this matter. We look forward to the opportun-
ity to show you the end result.
We look forward to hearing from you and from the City
Council.
Very ly yours,
James C ;Falconer
Preis ident
JCF:drd
cc: The Mayor and City Council of the City of Edmonds✓
Officers and Board Members of Lake Ballinger Community Club
PROPOSED IMPROVEMENTS TO
MATHAY-BALLINGER PARK
COST ESTIMATE
Play Court
26' x 48' Concrete Pad
Nets and Posts
Children's Play Structure
Logs
Fittings
Other (concrete, sand, paint, etc)
$5,500
500
$1,200
1,000
600
TOTAL PROJECT COST $8,800
The play court cost estimate is from Sport Court, Inc.,
and the play structure estimate is from Big Toy.
4.
i
The following suggestions were forwarded to resolve the maintenance/vandalism
problems at the Pier:
1. Closure of the Pier between the hours of 11:00 p.m. and 3:00 a.m. The
Edmonds Police Department would supervise the closure.
2. Ask the Game Department for more fish checks.
A potential use fee at the Pier was discussed and the fishermen in attendance
were concerned as to its impact to fixed income persons. The implementation of
a use fee was "shelved" until the results of the late -night closure were evaluated.
MEADOWDALE PLAYFIELD DESIGN/REVIEW
It was noted that the Cities of Lynnwood and Edmonds, and the School District
would soon sign an interlocal agreement for the development of Meadowdale Play -
field (Bride property). Nancy Dilworth, Landscape Designer, had prepared sche-
matics for this facility, which included three soccer fields, six softball fields,
a rest room, parking, and other associated improvements. The Park Board felt that
this field development should be a high priority for the expenditure of In Lieu
Funds, as well as a future grant project.
PARKS AND RECREATION COMPREHENSIVE PLAN AMENDMENTS - CAPITAL IMPROVEMENTS PROGRAM
CHANGES
It was noted that there is approximately $105,000 in the Park In Lieu Fund and
that the priorities for the expenditure of these funds should be matched with
the Capital Improvements Program. A MOTION WAS MADE BY ROD MC LEOD, AND SECONDED
BY DOUG GERBING, TO ESTABLISH THE FOLLOWING PRIORITES FOR THE EXPENDITURE OF IN
LIEU FUNDS:
1. MATHAY-BALLINGER PARK - APPROXIMATELY $9,000 FOR A NEW SPORT COURT, CHILDREN'S
PLAY EQUIPMENT AND PICNIC TABLES. IT WAS FELT THAT IMPROVEMENTS WOULD PRODUCE
ADULT USE OF THE PARK AND REDUCE VANDALISM AND OTHER ASSOCIATED PROBLEMS.
2. EDMONDS JUNIOR HIGH PLAYFIELD - APPROXIMATELY $24,000 FOR RESURFACING OF TWO
TENNIS COURTS, AND REMOVE TWO TENNIS COURTS, REPLACING THEM WITH A SMALL
CHILDREN'S PLAY AREA.
3. MEADOWDALE PLAYFIELD - $50,000 WAS RECOMMENDED TO BE PUT INTO THIS FACILITY
TO START THE DEVELOPMENT PROCESS.
4. REMAINING MONEY SHOULD BE PROGRAMMED FOR THE LONG-RANGE DEVELOPMENT OF THE
JUNIOR HIGH PLAYFIELD.
MOTION CARRIED.
PARK BOARD INPUT
Rod McLeod noted that at the Seattle Locks there is a sign noting that the
mushrooms are sprayed and are poisonous, and asked if a similar sign could be
installed at Seaview Park.
EDMONDS PARK BOARD MINUTES
OCTOBER 22, 1980 - Page two
r4*1 BALLING�£R PARK
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rD�1D�M1 age No. of Pages
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PROPOSAL SuaMITlEO 10
1MIONE PATE
GbJIAD l�S Ctt`f PARKS T-
2 9 r 1
STREET
JOB NAME
700 At� N s .
OIA -
CITY. STATE AND ZIP CODE
JOB LOCATION
QL62U A, g6a2o
0
c NA rJ G
rie nereoy 11"Mit specilicalions and estimates lor:
�ArttL Tb iN3U L) J)S THE Foy-1-ov���16
X 4" SLAB
• FirJF- L-T--\vF=LWt rt= Dt tT i:b(z- (P)� eK.S Dot —
�'►� 5 5v-D� _�.
2" LA\-r-F-j� rr- 6 e.A VEL U Qtz- Z, co,JM-G--T-E 5LAoF
I LA'}'r--t- M t L zxvL &v-AvVJ—
• 5 Y-z. q-�Gr- ran t x (-?cOOAf� /�� Zg �f5
k]�k tT�. Lrl,��5 v 2 &r va T angy is Catm� 4 yoLLIL frgkk _
CA5T- PL-Acr- JTAt,-IbAeLC� f,,Z- A-C-AV�- bUTy' mr,.--F VJ/
• N Su sTA p LIZ: F-,>rL V d.LsY 6,41-L, �+f ► Ir�r�br�
(*aL ba-=PT- Tbi P)v-VjDL Aux-V, -i-A-eDuCA 6Am
_.... &2-AV E-L. TR ` e-s) --.... ....... .. -
UP 11rapOSP hereby to furnish material and labor [— complete in accordance with above specifications, for the sum Of:
11L F,. � � +'-3� �il�[°r ��1 r2 .J� 1�1-; � `I dollars ($
mfollows:
Payment to ho made as T`
IOIt C•a LETID
All material Is gusranteed to be as specified. All work to be completed In a workmanlike
manner according to standard practices. Any alteration or deviation from above specifics Authorilt�
lions Involving extra costs will De executed only upon written orders, and will become an Signature d
extra charge over s•id above the estimate. All agreements contingent upon strike►, accidents
or delays beyond our control Owner to carry fora, tornado and other necessary insurance. ote: This pro may be
Our workers are fully covered by Workmen's Compensation Insurance. withdrawn by us if not at pled within days.
Araptunrr of Frnpasal —The above prices, specifications
and conditions are satisfactory and are hereby accepted. You are authorized Signature
to do the work as specified. Payment will be made as outlined above.
SORT
COURT
Coill Development Inc. 515116th N E., Suite 155, BeIE", WA98004 (206)4 ;4-0621
INSTALLATION ESTIMATE
Name City of Edmonds (Nancy Dilworth) Phone(H)
Address 250 5th Ave. No. Phone(W)
City Edmonds State Wash.
Court Model Paddle Tennis Dimensions 30 r x 66'
SITE PREP
BASE
STEEL REINFORCING
CONCRETE
775-2525 Ext. 271
Zip 98020
City will remove sod/Court Development Inc./level & grade
Vis uc) een underlayment - 6 mil -
1/2" rebar on 3' centers
2500 P.S.I, mix with 4 %(±) air entrainment Pad sloped at-1-1
$ 250.00
$ 130.00
$ 345.00
sq. ft. x $ 1 - / I per sq. ft. Pad thickness 4" _ S 3,385.80
EXPAN Control joints usinq� ziD-strip _ _ 150,00
StmfRCII NG 3i'sfiE i,---
S1tR�4113 ectcms eouit Lines
BASKETBALL POLE 3-;i*' C)D-;-9e }astable -eft tensl9f�Qtn'1
B*B0AEtfBOARD --institutionat-Fibergfass-Model-with f►eavy-duty-hoop
L-tiS H �}a1v an4ed-and rewired
L46++T-UNIT-Two-weatherproof -1500 watt quartz -iodine fixtures with-lemps-
NET ADJ SYSTEM Deluxe easy -to -operate system to raise, lower or remove net
NET A heavy duty, all weather, multi -purpose net
S
per-sq,-1t. S None
FiEHl7 0 r. R mutt FPOF P030 1 ebVUTdel :With ame-and
'all-weather-heavy,duty-net-and-tenO.Vion ndiustmer►�system
FENCING None
LANDSCAPING None
CARTAGE / CLEANUP
SPORTS EQUIPMENT None
LABOR/SLIPERVISOR
O T HERIfE M S Paint 2" official Pickleball & Paddle Tennis Lines
2 - 2" X 2" X 8' net poles J flyY DLiT`I' dEr
Concrete Pum2
All requiredpermits to be _furnished by City of Edmonds
Sub Total
Prepared By:
1 his proposal is only valid for fifteen ( 15) days and is subject
to approval by the Company at its office
Date 4 / 3 /
INSTALLATION
GUARANTEED
Discount
81 Sub Total
Sales Tax
TOTAL ESTIMATE
$ None
$ None
$ None
$ N_ _ooP
$ None
$ 125.00
S
$ None
S
$ 100.00
S
$ 350.00
$ 150.00
$ 130.00
$ 350.00
S
$ 5,465.80
150.00)
$ 5,315.80
$ 287, ' S
$ 5,602.85
Poll
CO.-URTO
'jtLr-
515 116th N E . Suite 155, Bellevue. WAVW-A rnr,),t1Q lY,21
CONSTRUCTION CONTRACT
An Agreement, made this 3rd day of April 19 81 , between Court Development Inc.
(hereinafter called C.D.I.Ta[c -
Name: City of Edmonds
Address: 250 5th Ave. N. E.
Telephone:
775-2525 Ext. 271
City: Edmonds State: Wash.
C.D.I. proposes to furnish all materials and perform all labor necessary to complete the
sports patio as described on the attached proposal. All of the work to be completed in a
substantial and workmanlike manner according to standard practices for the sum of:
Five Thousand, Six Hundred and Two Dollars and 85/100
Plus tax where applicable
Payments to be made as follows:
50% $2,801.43
50% Balance $2,801.42
( $ 5,602.85
On date of concrete pour
Upon completion of all work
(Completion shall be construed to mean that the sport patio itself is ready for play).
ACCEPTANCE
C.D.I. is hereby authorized to furnish all materials and labor required to complete the
work mentioned above and described on the attached proposal, for which I/14e agree to pay
the aiwunt indicated and according to the terms so described.
Accepted by: X
Accepted for C.D.I. by: X
X
YOU, 111E BUYER, MAY CANCEL THIS TRANSACTION AT ANY TIME WITHIN FOUR (4) BUSINESS DAYS OF
1111S TRANSACTION.
June 2, 1981
MEMO TO: Harve H. Harrison
Mayor
FROM: Jim Jessel, Director
Parks and Recreation Department
SUBJECT AUTHORIZE PURCHASE OF PLAY EQUIPME-NT
FOR MATHAY-BALLINGER PARK
On January 27, 1981, the City Council approved the
expenditure of $9,000 of In Lieu Funds to build a
"Sport Court" and install children's play equipment
at Mathay-Ballinger Park. The Sport Court is sched-
uled for completion by mid -June, and is expected to
cost $5,602.85 as per the installation estimate.
The Lake Ballinger Community Club has selected play
equipment that they will install in July (see attached
letter). The estimated cost is $3,249.00.
Please authorize the expenditure of $3,249.00 for
purchase and installation of the play equipment at
Mathay-Ballinger Park.
JJ/mw
Attachment
P� e
ilru_
LAKE BALLINGER COMMUNITY CLUB
Mayor Harve Harrison
City of Edmonds
250 Fifth Avenue North
Edmonds, Washington 98020
Edmonds City Council
250 Fifth Avenue North
Edmonds, Washington 98020
Dear Mayor Harrison and Council Members:
Subject: Mathay-Ballinger Park
The Lake Ballinger Mathay-Ballinger Park committee, with
the help of the Edmonds Park Department, has determined
the following dollar amounts will be necessary to obtain
materials for the park climbing structure. We believe
the total dollar amount is within the budget guidelines
previously approved by the City Council.
Big Toy Structure G1M $2,703.00
Sales Tax 146.00
Freight 110.00
Concrete Footings 130.00
Sand - 21 cy @ $7.25 cy
+- tax (delivered) 160.00
TOTAL $3,249.00
Our group will be ready to prepare the footings on
July 18, and complete installation the weekend of
July 25 and 26.
We appreciate your previous funding for materials at
our park and look forward to having a park that will
fulfill the needs of our community.
Sincerely yours,
Fred Reuble
Lake Ballinger Community Club
Mathay-Ballinger Park Chairman
FR/mw
April 29, 1981
MEMO TO: Harve H. Harrison
Mayor
FROM: Jim Jessel, Director
Parks and Recreation Department
SUBJECT: AUTHORIZE MAYOR TO SIGN CONTRACT FOR
CONSTRUCTION OF SPORT COURT AT MATHAY-
BALLINGER PARK
The City Council recently approved an expenditure of $9,000
of in lieu park fees for children's play equipment and a
sport court at Mathay-Ballinger Park. Encouraging adults
to use the park will hopefully reduce the youth related
problems at this facility.
The Lake Ballinger Community Club is now selecting the play
equipment. We would like to proceed with the installation
of the play court as soon as possible since contractors are
starting their busy season. Also, with summer soon upon us,
the community is anxious to make use of this facility.
We have received two estimates from contractors who install
sport courts; Kearsley and Associates, Recreation Engineers,
and "Sport Court", Court Development, Inc. Installation
estimates are attached and summarized below.
Sport Court - 30' x 60' Court - $5,602.85 (inc. tax)
Kearsley and Assoc. - 30' x 66' Court - $6,165.90 (inc. tax)
Please authorize the Mayor to execute a contract with Sport
Court, Court Development, Inc., for $5,602.85.
NED/mw
Attachments
�,.... „
• ° •••�`�� n +a ' 11111111 CLERK
2�HIS�ilaCN9ONU;N1ITl1aarm1, 1gV11gp11gS1 HIIN1111111111111111111 IN
DS SPGS
GTGN`2$iiSTO VENUE
NO.
MumvNDS0Wk g13o20
�. '
✓
f, �.
Grantor(s):
Granlee(s):
Q/S/r/R:
Parcel No.:
In the matter of:
P.ufilic Lil1�i�•131
270
City
1. In considep.tlgp
consideration, receipt of which Is hefe
COUNTY, a Washington cwporsllon {
CGranlae'), a non-exclusive peipalual
construct and maintain a public ratme
that certain properly of Grantor knovjn
'Easement Property') being more part
EASEMENT
No. 1 of Snohomish County
Ed 7r�iil
-NO EXCISE TAX.
REQUIRED
MAY 0 6 2010
.c SIEVERS, 5::aho!6N County Treasure'
Cy K1RyF�3JF4E�5 ,• -
SE 31(27-4)
Pi 58005
d of the sum of One Dollar ($1.001 and ocher good and valuahla
I edged, PUBLIC UTILITY DISTRICT NO.1 OF SN0NONIISH
r}, hereby grants unto CITY OF EDMONDS, a munidpal corporation
en), subject to the appmvei or Grantor as to localiort and grade, to
all, 1`an extension of ]he intelsnban Trail, upon and across a portion of
Fracifichod hvW��Traction Company Right-ol-Way. said portion (I he
follcgws:
A strip of land 16.0 root In wldth lytng�,o fe4t or{oach elde of tha cenlerlIme of the blacktop f rail to be
constructs within that portion of ths',pa, ifc'Noov;ostTraction Company Right -of -Way located wlthIn the
Southeast quarter of Section 31, Town agip27 Na"ith, Range 4 Peat, W. M.
ti
Situate In the County of Snohomish. Stale by Washingten., •'
Tax Parrot Nos.: 27 0431 004 03100 r r
3 r
i
In addition to tha Easamant Property, Grantea shall be purrdt%d tts occupy portions of Grantor's Rlght-af-
Way adjoining Bald casement to the extent nacaaaaSy to cons"61%Install and maintain the trail described In
Section t heroln, provided that such occupancy of aildltinpalportTons-b[ Grantor's Right -of -Way shall be
subject to allot the tern@ and conditions set forth herein, i
r =
2. In partial consideratlon for the easement dgn(s grented�ereln. Grantee hereby agrees not to make
or levy any charges or assassinonta whatsoever ageinsl Grantor Wany of Gpintors property for, in connection with
or as a result of any of Grantee's improvements in, under or uka the Easp/nelt'Froperly. Without In any way
limiting the foregoing, If for any reason Grantor is required to pay'mVoh66 orasseSgmeni for, In connection with
or as a result of any of such Improvements, Grantee shall immediately pay to Grantor, as additional consideration for
the easement rights granted herein, an amount equal to the total amount of such q,61lt or assessment.
3. Grantee hereby agrees that no t:enoruction, Installat(on, ritdtliecalidn •rsiSr(nlenanrs atmpalr may
be performed In; under or upon the Easement Properly by or on behalf 61-Gran6e ualliss and unill V) Grantor shall
have been furnished with a complete and correct copy of, and shall have opprafrastfn writing, Wo plans and
specincalion relating to such proposed construction, inslellatfort, modig"lon, milnteoeiice of repair and (11) any
contractor to be Involved In any auch censifucllon, Installation, modification, mAinfentinw& repdir shall have
applied for and been granled a Limited Use Permit (Special Conditions). DW , Nowbver.,lhat•in. the event that
any emergency maintenance or repair shall be required In, under or upon the E$sgrnanl ?,rLp", GTAntee shall be
entitled to cant' out such maintenance or repair wlthoul prior approval by Grantor asQQ lopd apdrantee•natlfies Grantor
of such maintenance or repair as soon as practicable after commencement lharaol:� - r
Wtlhnut In any way limiting any of tha foregoing, Granlee hereby agrees to accaOt. r:attpep0ability'drl#ahlIIty
whatsoo ve r for dam ages of any kind, to Grantor's property or ad] atnIng prope rUeit"In,cbnnectfon wllh or as
a result of any conalructlon, Installation, operation, modification, maintenance or repalrgf tiakrltrall Ay or on
behair of Grantes. 0rantae agrees to repair said damages, InciudIng but not Itmlted i'q.any poused•riY
drainage of storm water onto Grantors property and/or adjoining properties.
4. Grantee acknowledges that the Easement Property is now and witl In the fulufe'copdnue 1d'ati `
used by Grantor for ullllly purposes• including but not ftmlled 10 the irensmisslon of high voltage alaotrlcltp aril the
construction, installation and maintenance of power lines using trucks and other heavy equipment, prop"hereby ti
agtees that Grantor shall have no responsibility or ItablMY whatsoever for, In connection with or as a fest1il-01
damage to or less of any or Grentse'a propsny, facilillas• Improvements or appurtenances In, under 1l+e
Easement Property, whether as a reaull of Grantors acta or omteslana or olh"sa.
.r' t
lr.• f,.
S. Grantee hereby Indemnities and agrees to save and hold harmless Grantor, and It com misslone rs,
afaClbU and other officials, officers, employees and agents, and each of the hells, representatives, auocessors and
„ ,,...• ' a5stgn Of any of the foregoing (any such person, a'Grantor Party), from and against any and all fosses, claims
,.'dama6'os'ycosts, demands, fines, penallles, oblige lion$, payments and Ilabillllea of ovary lypa and nature, Including
reAe;pab*allomeye fees and expenses Incurred In connection wilh any of the foregoing, resuI[Ing from or arfsing
,.dui pf ar In.'connection with (i) any failure of Gtanlee duly to perform or observe any term, provision, covenant,
`• , ' s�gfeamerlt or condllion hereunder lobe performed or observed by or on behalf of Grantee or OD any act or omfasion
riy Grarlk§a crony of Its elected or other ofiiclals, of{icors, ampfoyeas, agents of representatives (any such person, a
'G#siiJed Party`j under or in connection with Ibis agreement, including but not limited to claims arising directly or
.jndlrecliy oyl•af any construclion, Installation, operation, mod]ficallon, maintenance, repalr or patrolling by of on
baifslf of namilee In, on or under the Easement Property. With respect to any poritoas of this agreement subject to
Sej IcO4.24.'I15Af the,Rd9laed Coda of the Slate of Washington, In the even] of any concurrent negligence on the
pagof it-Mantor-eafk and a Grantee Party, the Indamniflcalton obligations of Grantee under ibis agreement shall be
validppnd en{Qreeable onl�fo.tha extent of the negligence of the Grantee Party. For any and all purposes In
conndcilvr Wih'1ha tareggping.Wemnlllcallon provisions, Grantee hereby specifically and expressiywaives any
Immunity ugdar Ind3rstdal'fhsuranc,e TfIIa 51 of the Revised Cade of the State of Washington, and acknowledges
and agree$ that jbi roregoing walvef was mutually negotiated by the parties. The provisions of this paragraph shall
survive thAexoirafior)�di lermf�afie66f lhIs agreement for any reason.
B. Grant& ackrfdwleddes and agrees that It is presently unknown whether the presence of high
veftaga elacidcpl transmiasfon linos and resultant eleetromagnelic fialds may have any harmful or injudous effect
upon humans chahlmril5ln proxfmltylhereto, and that the easement rights granted herein may result In an Increase
In the presence of lwrsonskf end•around tha Easamen I Property. Grantee furlher acknowledges and agrees that
Grantee's agreemeol tot€a Indemnlflealion provisions contained herein Is a material Inducement to Grantor's entry
Into this agreement, land that Grantor wvUld not have entered Into this agreement or have granted the easement
rights contained herein absenttran$ea's;agreemenl to such Indemnification provisions.
7. Gran4 hereby., cwienavt9-pfrd.4reea that during any construction, Instalfation, operation,
modification, malntenancd or repalrbypt on bafiaif of Grantee pursuant to Ibis agreement, Grantee and its agents
and contractors shall compl]nwilhthp'fequlporhenls of all appllrable laws and regulations and shall do all things
necessary to avoid damage to or ldterferslie@,vrillt any property whatsoover of Grantor during any construction,
installation, operation, modification, Malntenarice &,repair by or on behalf of Grantee, and Grantee shalt, upon
request from Grantor from time fo jlmq oreriohytime, pay to Grantor a nonrefundable fee of Two Hundred Fifty
Dolfara ($2%00) to offset Ihecobs pod axpen & of such Irt;pectlon and supervision.
f ,
a. Grantee hereby a4nowlsdges ]bat theie Is presently located on and adjacent to the Easement
Property a roadway for vehicular trafife ..P anlq&'6ovenantq.and agrees that such roadway shall be kept accessible
to Grantor at all times In order to ansurotaccesa i�ytraa;10 to Its facilities, and that none of the facilities Installed by
or on behalf of Grantee In, on or underlha.ea'y6nent Ploperty shall interfere In any respect whatsoever with
Granlors use of such roadway. Grantor shall be ealllted to close suoh,roadway temporarily at any time and from
time 10 time for such periods as Grantor In lie splo•discrellon deems redwriobiy necessary for construction,
maintenance, repair or other purposes in cori Y6otton with its u¢lify oporallpns.
9. Grantee hereby covenants and agreeg•tfiat It;ha11,'ppon any request by Grantor, repair or replace
and restore any existing fencing or gates In, on or In thb vfcinily'of the, Eas#menl Property, as Grantor In its sole
discretion may deem necessary. Upon prior approval by Grantor, ,eiantee may install additional fencing or gates on
the Easement Properly. „
10, Notwithstanding anything heroin to agrees, upon any request
from Grantor, to relocate or remove, at Grantee's sole any'ar all faculties constructed by or on
behalf of the Grantee hereunder If, In Grantor's sole discretion, such ronl6ysl or relocation is reasonably necessary
In order to avoid Interference with any structure or facility or op4slrofs of Granter. Grantee shall commence such
relocation or removal wlthln 120 days after Grantee's receipt of•.anyiFequast therefore from Grantor. If Grantee falls
to commenca such relocation or removal or, having commenced thd'aame, ldtlg,lo wmplsls such relocation or
removal, with reasonable dispatch, Grantor shall, In addlllon to shy and Jgl' lIier rigtits and remedies which may be
avallable to It under this agreemcnt or appllcahla law, be enillfed to art order of.pgd6,enforcement of Grantee's
obligations hereunder and shall also have the right and authority to relor6te or'rerrfova,at Grantee's sole cost and
expense, such of Grantee's facilities as Grantee has failed to relocate ur fooSove WacUordonce with the foregoing
requirements. ' It
11. This agreement, and any and all dghIa of Grenlaa hsreitrrderA41I•In anjr•Svent terminote
Immediately In the event that Grantee at any time ceases to use or abandons lhe'Eaaemdni Pfoeerty or any of its
facilities In, on or under the Easement Property.
i
12. This agreement eels forth the entire agreement of the partlea'attd supercodegAny.and all prior
agreements wllh respect to the subject matter of this agreement. The Invalidity orslneoforcepbIIlty eany provision
of this agreement shall not affect the other provisions hereof, and this agreement sitelFiio construed In'pll respects
as if such Invalid or unenforceable provision were omitted. r
13. No change, amendment or modification of any provision of this agraeipdntOit bq.yalid-unless set
forth In a written amendment to this agreement signed by both parties.
14. Any waiver at any time by a party of any of Its rights with resped to a dafavif uridbr lhis•agreement,
or vvilh respect to any other matter arising in connection herewith, shall not be doomed a waiverivith rp�pect'td imy
subsequent default or matter
15. This agreement shall be binding upon and Inure to the benefit of the partles herald and,
respective svccassors and assigns,
i i•
A
�•��• ... ' Vrili�a4r' in
16. The Grantee is solely and directly responsible to the Grantor for any damage, Injury, expense,
invenlence, delay, suits, actions, or claims of any character brought because of any Injuries or damage
ry result from carrying out the work to be done under the provisions of this Easement.
t•7. Grantee's Contractor shall nollfy Grantor 72 bourn on advance of the need for temporary support of
m�. Arrangements for temporary relocation of a power pale or anchor will be made In advance of
;ement of construcilon. This work will be accomplished by Grantees amployees at Grantee's expense.
113, -+• Grantee's Contractor shall post a $20,000.00 depositor bond with Grantor which will be
to. rl9ltaT� and applied toward any damages, as determined by Grantor, If thera Is any unauthorized holding or
,stabllWn.of+Grahtoes power pales, or If there Is any unauthorized excavation around or under any of them,
or If tharg is any 4naulhorizad attachment to power poles.
Datedihls��ttayo€.-"', - 0Q7.
r�: r•,,? PUBLIC UTILITY DISTRICT NO, t
„ 'ti • OF SN(M H COUNTY
v ,rti By:
Na - Kill,
r Title: General Menaner
The terms and cond16onsrof I6€s'dgre8moriksre hereby approved and accepted In their entirely on behaU of Grantee
as of the date set forth abSuEL :
CITY OF I:D ONDS
i 'By:
,Name;
yr1kiitfe �!f4YoA-
,rs
1
(REPRESENTATt11E AGXNOVVeEDGMENT)
Slate of Washington r' j
i =
County of Snohomish { +
I certify that I know or have satisfactory evidence that
signed this Instrument, on oath stated that (he/she/lhey) (wastwere) au(hors ad
z
acknowledged It as the Gqne(ill mangger
No. 1 to be the free and voluntary act for the uses and purposes mentioned In Tb
r
(Seal or SI ��
i1O� RY , r
PUBLIC
6.28•2010
Dated:
Signature of
Nolery Public„
Title Nffery
My appointment expires;
is Instrument and
of Public Utility District
tt.
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A 'r REPRESENTATIVE ACKNOWLEDGMENT
(CITY OF EDMONDS)
y •Stale �Y•i5iA5 k(ING Tv ri
Co6nly,61' omISH
7e
1•de�tlly that t'lirt4 or have satisfactory evidence that , 4AAY AA,&, c G nl Sl J
signed lhirt itlslrurpen(; bfi CstM1clalgd that (bVshe&ey) (wasAvere) authorized to execute the Instrument and
acknowieclged fl ae tFfaYg _ of Cilv.of Edmonds to be
the free and vgl6ntarx dct fgrihe[�at § and purposes mentioned in the instrument.
{it55........ ,, 1
? 5`. (+ f+rri •S Dated:-- APA14 .p ID ^^
r pti\�57155t�ic1i�'� ��I• �'
Signature of 1
s ���4o�R+•n�,`�: � 'i Notary PuhE� .dr • -
lip+ d'','• Title NofsryPub&
N�t
A + tC►•'
b�� � _ ':•- My appointment expires _ Il -D 9 — 13
09
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V.
RESOLUTION NO.5471
f.
'ItESESi,CIION Declaring an Interest in the Pacific Northwest
'Triacti9n• Eoinpany Power Line Corridor Property to be Surplus
and.Ciranfing:the•GNY of Edmonds an Easement for Extension of
the Ieruibah �Wil
WHEREAS';•P'upll'c Utility District No. 1 of Snohomish County (the "District") owns
the Pacific Northwe9t; `l''wtioompany Power Line Corridor property, which is real
property with significant;V06,1b thG•1]i$t�ict; end
WHEREAS, City o hjzd.s ices requested that the District grant a non-exclusive
perpetual easement across a poni.W of such real,.pfrvpexty; and
WHEREAS, City of Edmonds and thq: Digtric( have agreed that extension of the
Interurban Trail in this location wnul ,be mutraal b9 iefit to both the City of Edmonds and
the Di strict; and
W%iERBAS, the Commission held a ptrFiiic, he�ring to consider declaring the
easernerti surplus to the needs of the District`ad„coyryfitg'�id easement to the City of
Edmonds; and `
+' f
WHEREAS, based upon the information prescr(ted fa))d'recgmmendation of staff,
the Commission of Public Utility District No. 1 of Snohomish Cptiratyfinds that the District's
r r•
interest in the real property described in the attached document,•••
1. Is no longer necessary, material to or useful in tha 3istriGt�s,dper .-ions;
5•„
••1
2. Is not required for providing continued public utility srNtee-
i
3. Will, because of improvements to be made by the byy' of .Eclmonda, be
benefited so that the resulting increase in property value'•wijl'•lid'equo to• or
greater than the fair market value of the requested easement riais;,ond ? i
4. May be conveyed to the City of Edmonds within the hriawi3ddk of.,tlte'•.
District's Power Line Corridor Property Policy as set forth ]t�..lZestaltition ` ,
No. 2989.
r
i'
t•
„r•
%
R601utio, N6.547k-,,,- —2—
No,w. 0. BE IT RESOLVED by the Commission of Public Utility
District No.'I of
Snoh6 -shCounty that:
a �c,DIAW�Vrinaoet in the real property described in the attached Exhibit
kq-thB District's needs; and
0 The ciopqidgratip' tq l 4 received by the District for such real property, mutual
beniefjt,is�irasent-%nsore. than fair market value thereof.
BE IT FMTN3k,0I§OL-VW`thqAe General Manager of the District, or the
General Managcr's designee,'14.86tho#Ad to.
• Execute and deliver 'dinstrument in'the na)ue of and on behalf of the District to
City of Edmonds in the form of-6 Baseweniattached as Exhibit 'Wbercto; and
• Execute any other documAts and *it-anyoiher action necessary to complete the
transaction.
...... ..... ... PASSED AND APPROVED this 13"day of D csrit er, 2009.
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1121
(Rev. 4193)
TEMPORARY LIMITED USE PER11HI I" N0, 7-
(Special Conditions)
The PUBLIC UTILITY DISTRICT NO- •I of SNOi-I(aMISH COUNTY, Washington,
("District"), a municipal corporation, does herewith permit Citbj of Edmonds, a
municipal corporation, ("Permittee"), to utilize for construction of a recreational trail
(Interurban Trail), the following described portion of the District's Pacific Northwest
Traction Company property:
That portion of the Pacific Northwest Traction Company Right -of -Way located
within the southeast quarter of Section 31, Township 27 Morth, Range 4 East, W.
9A.
Situate in the County of Snohomish, State of Washington.
Tax Parcel No.: 27 0431 004 03100
subject to the -following conditions and restrictions:
1. This permit may be canceled at any time by written notice mailed to the
Permittee at the address of Permittee as hereinafter set forth, and upon such
cancellation, the Permittee shall promptly remove from said premises and will promptly
place said premises in the same condition as the same now are, or any such conditions
as may have been required by the District in accordance with the other provisions of
this permit.
2. This permit is subject to all of the existing uses, and any future or subsequent
uses, of the District, and its permi'rtees, licensees, or grantees.
3. This is a nonexclusive permit and shall not in any manner restrict the right of
the District to use said property for any purposes that it may deem proper or to permit
others to use said property for any purposes, and the District shall not be obligated or
required to give notice of any kind or nature of such other or additional uses whether by
itself or others.
4. Permittee is solely and directly responsible to the District for any damage,
injury, expense, loss, inconvenience, delay, suits, actions, or claims of any character
brought because of any injuries or damage which may result from carrying out the work
to be done in accordance with the provisions of this permit.
5. Permittee agrees that as a condition to this permit, Permittee will take all
reasonable precaution to protect and preserve from damage, destruction or interference
''the District's structures, related electrical facilities and access roads located upon the
above described property and should said District property be damaged, destroyed or
interfered with in any way by reason of Permittee's use of said property, Permittee shall
immediately restore said property to its former condition at Permittee's expense.
Should it be necessary for the District to remedy any harmful or adverse conditions
resulting from Permittee's use ofsaid property under this permit, or to perform any of
the matters required of the Permittee which the Permittee has failed to do, Permittee
shall reimburse the District for all costs so incurred by the District. Should any existing
drainage channels or culverts be disturbed by Permittee, it shall immediately provide
suitable means for diverting and maintaining all flows fiuring tale terra o'fthis permit.
Notwlihstandincd any of the other provisions herein contained Permittee shall not do or
perform any excavation or in any manner alter the existing conditions without first
submitting his plans to the District and receiving the approval of the District thereof, and
Permiftee will perform all excavation and any restoring of the premises as may be
required by the District in conformance with the requirements of -the District.
The District may, at its discretion, provide for inspection and supervision of Permittee's
use of District property and the entire expense of such inspection and supervision, in
such amounts and at such rates as the District customarily uses, shall be borne by the
Permittee.
5. The Permittee shall not use said premises for any unICIIAdul purposes, or for
any purposes other than those stated herein, without -the express written agreement of
-the District, and Permittee accepts the premises in the present condition or in the
condition that the District or others may put the same into, and herewith specifically
agrees that the District, its agents, servants or employees, shall not in any manner be
responsible for any damages of any kind or nature caused the Permittee, its agents,
servants or employees, or caused to any property upon said premises, whether due to
the negligence of the District, its agents, servants or employees or otherwise. Any
costs incurred by Permittee or by the District by reasons of Permittee's use of District
property (except for payment of taxes on income to the District) shall be the sole
responsibility of the Permittee.
7. Permittee will not erect or permit to be erected upon said property any
structures or improvements of any kind or nature without written approval of the District
and in no event shall any activity upon said premises or any structures or improvements
thereon interfere with the District's facilities or in any manner be hazardous thereto. No
equipment or materials shall be stored upon District property without approval of the
District.
B. The Permittee agrees for itself, its heirs, successors or assigns that it will not
perform any blasting or discharge any explosives on the District's property.
9. The Permittee does herewith assume all risk of loss, damage or injury which
may result from the presence of Permittee's property or persons upon said real estate,
and waives any right of recovery for damage thereto.
'10. Permittee does further agree to hold and save harmless the District from and
against any and all claims for damages, whether to Permittee's or District's employees,
or to their persons or property, or otherwise, that may in any manner directly or
indirectly arise out of the construction, operation, repairs, maintenance or patrolling of
the facilities pursuant to this permit or out of the operations of the Permittee, its
successors or assigns pursuant 'to this permit.
'11. The District shall not be held liable for any claims or damage to Permittee's
property, facilities or appurtenances constructed or placed upon District property by
Permittee.
12. Permittee specifically and expressly waives any immunity under Industrial
Insurance, Title 51, RCW, end acknowledges that this waiver_ has been mutually
negotiated by the parties. - -
13.The undersigned Permittee does herewith expressly disclaim for itself, its
heirs successors or assigns, any right, title or interest of any kind or nature in and to the
property herein above described, except insofar as granted by this permit, and subject
to the terms of this permit, and does further agree for itself, its heirs, successors or
assigns, that it will not in any way challenge or contest any ownership by the District of
the property hereinabove described or any right of the District to execute and grant this
permit; provided, however, this shall not be construed as a warranty on the part of the
District of its ownership for said property and it is expressly agreed that this permit is
not in any manner a warranty on the part of the District that the said Permittee shall
have good, clean or marketable title to this permit or the uses herein granted, or that
the District is 'the owner of said premises or that the District has the right to grant this
permit, and the Permittee does expressly assume the responsibility for determining the
right of the District to
grant this permit or the extent of the rights validly granted to the Permittee hereunder
and agrees to defend, indemnify and hold harmless the District from any claims or
damages sought or recovered arising out of any defect in the right of the District to
execute this permit or any defect in the rights acquired by the Permittee hereunder.
14, Permittee shall be required to carry Comprehensive Automobile and General
Liability and Property Damage Insurance covering his use of the District's premises as
required by the District, in the following limits:
a. Bodily Injury
(including death)
b. Property Damage
c. Combined Single Limit
d. General Aggregate
each person $1,000,000
each person $-1,000,000
each person $1,000,000
$2,000,000
$2,000,00,00
When reference is made therein to the Permittee's "use" of the premises, such
reference shall include use of the said premises by the Permittee, their employees,
agents, servants, guests, business invites or any of them, or by any other persons using
or occupying the premises with the [Knowledge or consent of the Permittee. This shall
not be construed as expanding any rights or any right to use the premises beyond that
specifically granted in any of the other paragraphs of the permit, or of permitting any
assignment without written consent of the District.
The District shall at all times during the term of the permit be included as. a
named insured upon said policy with respect to the use of the District's property
described herein by the Permittee. Evidence of such insurance or self-insurance
shall be submitted to the District prior to Permittee's use of the premises.
Permittee shall not cause such insurance to lapse or be canceled during its use of the
District's premises. Permittee shall provide that such insurance shall include a clause
that the insurance policy or policies shall not be subject to cancellation or reduction in
limits during such use until notice has been mailed to the District stating the date when
such cancellation or reduction shall be effective which date shall not be less than 30
days after such notice. Certificates of insurance shall be authenticated by the proper
officer of the insurer and shall state in particular those insured, the extent of the
insurance, the location and operations to which the insurance applies, the expiration
date and the above -mentioned notice of cancellation clause.
15. See attached EXHIBIT'A' for additional terms and conditions.
DATED THIS O Y-,w day of JF�.�t L �'' , 2011
BY:
B. a Clay Jr.
Manager, Real Estate ervices
Permittee hereby agrees, accepts and will comply with all of the terms, conditions
and restrictions contained in this permit.
PURMITTEE:
Address:
Date: I- /- i( -
(REPRESENTATIVE ACKNOWLEDGEMENT)
State of Washington
County of Snohomish
I certify that I know or have satisfactory evidence that _/K life Co
and
signed this instrument, on .oath stated that
(he, she, they)(was, were) authorized to execute the instrument and
acknowledged it as the M AYo 8 and of
_.. _ C. r Y of EP.M4zAL_ to be the fmo and volunfan/ act
of such party for the uses and purposes mentioned in the instrument.
Dated
Signature of
or Notary Notary Public
;� - • - = Title otary Public
�, �,, o �y�c, -� - My appointment expires i l- 2' 13
(REP0ZEsr_-NTATlVE ACKNO) `YLEDGE611 ENT)
State of Washington
County of Snohomish
certify that I know or have satisfactory evidence that J,-
signed this instrument, on oath stated that
(, she, they)(wa , were) authorized to execute the instrument and
acknowledged it as the e*4 D�mid of
to be the Free and voluntary act
.401
of such party for the uses and purposes mentioned in the instrument.
,H1A A. p Dated
�ySION�rp4 Signature of
faTA Y ��N Notary Public
_ Title N &aublic
PUBLIC 2 My appointment expires - a-1
9
s-3o-2014 O
�Up WhSN�
E1HMIT 66A99
There shall be no storage of equipment, materials, vehicles, facls, paints, solvents, oils,
pesticides, or other sources of contamination upon PUD property, except for Riel in non -leaking
vehicles and equipment. There shall be no dumping or disposal of any kind on the PUD
property. No till shall be imported to PUD property except fill Imown to be clean, contaminant -
free, and capable of supporting vehicles and structures to be placed thereon.
Spills and leaks of gasoline, oil, hydraulic fluid, or other dangerous or hazardous substances,
pollutants or contaminants, shall be contained by the City of its contractor within one (1) hour of
discovery, and shall be reported to the State of Washington, Department of Ecology, and to the
District, and cleanup initiated by the City or its contractor tivithin 12 hours of discovery. Mich
spills and leaks shall be cleaned up to not less than the levels required by applicable law; no
residual contaminants shall remain, requiring use of "institutional controls".
The City's contractor may not work within 12' of the PUD existing energized 115kV lines on the
District's PNT Right -of -Way. Should it become necessary to work inside these limits, the City
or its contractors shall contact the PUD project leader, allowing adequate time to approve the
work and convene the necessary PUD personnel and equipment to protect District facilities. The
City and its contractors shall be responsible to maintain adequate support around utility poles if
grade is changed on PUD property, and to maintain adequate and lawful clearances between its
equipment and/or trail and PUD electrical facilities. Unplanned or additional changes to PUD
facilities deemed necessary by the PUD as a result of any site alterations constructed by the City
shall be at the City's sole expense.
All work by the City and its contractors shall be done in compliance with the District's
"ELECTRICAL SAFETY FOR CON P ACTORS" pamphlet, copies of which have been
provided to City representatives.
PUD Project Leader:
Matt McReynolds
425-783-5627 (Office phone)
425-344-0874 (Cell phone)
tngnicrevnolds0sno ud.corn
PUD Alternate Contact:
Rogers W. Reistad
425-783-4383 (Office phone)
425-231-7044 (Cell phone)
rwreistad@snop-ud.com snop-ud.com
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