BLD2009-0376 MISC DOCSDoyle Denny Rockwell
6824 NE 191s'ST
Kenmore, WA 98028
425-483-2017
To: City of Edmonds.
Re: Applicant/owner covenant to notify and hold harmless.
1, Doyle Denny Rockwell, understand that the proposed building site lies within
an area of potential earth subsidence, that conditions on the development are
imposed, that the owner (Doyle Denny Rockwell) waives, indemnifies and holds
harmless the City of Edmonds, its officers and employees from any claims for
any loss or damage to people or property, resulting from soil movement or out of
the issuance of any permits.
Yours Truly,
19 V
Doyle Denny Rockwell
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RECEIVED
JUR,12 8 2004 CITY COF7
PERMIT COUNTER
INDIVIDUAL ACKNOWLEDGMENT
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STATE OF WASHINGTON,
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acknowledged that ��_signed this instrument and acknowledged it to be 0 �_
free and voluntary act for the uses and purposes mentioned in the instrument.
Dated this I � -day of __�j ?�,� —, D<,? -) �
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Notary Public in and for the State
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14 Individual Acknowledgement
(DWashington Legal Blank, Inc., Issaquah, WA Form No. 64 3/98
MATERIAL MAY NOT BE REPRODUCED IN WHOLE OR IN PART IN ANY FORM WHATSOEVER.
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AGREEMENT FOR THE INSTALLATION
OF LANDSCAPING AND REPAIR OF CURB
WHEREAS, 1h Carl and Polly Pearson (the "Pearsons') have subdivided certain property
located at 16319 75 Place West, Edmonds, Washington and known as Lot I of the Pearson
Subdivision; and
WHEREAS, the lot was encumbered by debri's flows from landslides occurring in
January and March of 1997; and
WHEREAS, as a part of removal of the debri's flow, the City, at its own behest, and by
public contract, initiated certain clean up of said lot; and
WHEREAS, such work was suspended prior to completion of the contract, and
WHEREAS, there has been a repair and/or replacement of a section of concrete curbing
on said lot but there is yet to be accomplished the installation of landscaping on the lot designed
to enhance the stability of the lot and, to the extent that landscaping may accomplish such
purpose, control erosion and the lessening of danger from future earth subsidence or landslide
hazard, and
WHEREAS, the City's public contractor was unable to complete the work and the
property owners have indicated their desire to complete such work; NOW, THEREFORE,
The City of Edmonds, Washington, a municipal corporation, (hereinafter "City") and
Carl and Polly Pearson, owners of certain real estate located 16319 75h Place West, Edmonds,
Washington (hereinafter "Pearsons") in accordance with the promises and covenants contained
herein and the mutual benefits to be derived do hereby agree as follows:
I . Undertakings of Pearsons.
1.1 The Pearsons promise to utilize the $10,000 paid pursuant to paragraph 2
below for the installation of landscaping and vegetative cover in substantially the form and
described in the attached Exhibit A therein as Phase 11 work.
1.2 To utilize $1,090 to repair and replace damaged curbing on the subject
site.
1.3 To maintain records regarding the expenditure of such ftinds in accordance
with generally accepted accounting principles and to make such records available for inspection
by the Washington State Auditor or through an authonized representative of the City during
normal working hours.
IWSS473760.DOC;1/00006.900000/1,
2. In consideration of such promises, the City agrees to pay the sums of $10,000 for
installation of landscaping and vegetative cover and $1,090, said sum being approximately
equivalent to the $ 1,000 cost of installation of a curb and the sales tax attributable thereto. Said
sums shall be paid in the following fonnat:
2.1 $6,000, upon execution of this Agreement, and
2.2 $5,090 upon completion of the work. Work shall be deemed complete
when the Pearsons notify the City Engineer of the completion of the work and the City Engineer
has verified such installation by field inspectors by his authonized representative, and accepted
such work in writing. Acceptance shall not be unreasonably withheld.
3. Nothing herein shall be interpreted as a waiver of any claim which the Pearsons
currently maintain against the City of Edmonds as described in Snohomish County Cause No.
99-2-05628-9. Similarly, however, the parties acknowledge that the City may claim any
amounts expended hereunder as offsets to any damage alleged by the Pearsons in such lawsuit.
4. Entire Agreemen . This is the entire agreement between the parties. Any prior
understanding, written or oral, shall be deemed merged with its provisions. This Agreement
shall not be amended except in writing with the express written consent of the parties hereto.
I
PEARWNS:
CarlqPearson
Polly Peav6on
CITY OF EDMONDS
By: amnr� -
Ma)(Or Garyoakenson
ATTEST/AUTHENTICATED:
Sandra S. Chase, City Clerk
APPROVED AS TO FORM:
OFFICE OF THE 9TY ATTORNEY:
W. Scott Snyder
f WSS473760.DOC,1/00006.900000/)
AGREEMENT FOR THE INSTALLATION
OF LAN-DSCAPING AND REPAIR OF CURB
EXHIBIT A
(Phase 11)
Scope of Work: The restoration of the property located at 16319 75 1h Place West,
Edmonds, WA wU include the following:
- 1. Removal and replacement off curb section damaged during
construction.
,2. Removal of debiis flow that occurred dwinethe construction
sequence between curb and the rockcry, and replacement of the
rock materials.
3. Removal of dead and failed landscaping materials from the slope
placed by City' s public contractor.
4. Importing and placement of topsoil on the lower portion of the
-slope and adjacent to the City installed pipe.
5. Planting of landscaping materials, groundcovcT, plants, scrubs and
trees on the lower slope to enhance s6bility, control erosion and
Visually screen the pipe.
6. Installation and operation of a temporary irrigation system as
necessary for the establishment of a new vegetation.
7. Restoration of additional land areas where vegetation was
removed, disturbed or compacted by equipment operated by the
City's public contractor.
rermits: Whereas the City of Edmonds had already provided permits for. it's own public
contractor to perform the above work, no additional permits will'be required by the
Pearsons or their private contractors for the above work.
Completio.ri of Work: Whereas the Pearsons have received mi estimate from a private
contractor in excess of S105,000 to restore hillside (approx. 8,000 sq. ft. damaged), it is
understood by both the Pearsons and the City, that City's contribution of U 0, 00o to the
restoration will r--pai about 10% (ten percent) of the damaged area, or 800 square feet.
Ile placement of topsoil must begin at the bottom of the hill, and work towards the top.
'When restoration of 800 square feet has been completed, the Pearsons will notify the City
Engincer. Upon acceptance by the Citv, the portion of the work covered under this
agreement will be Considered completed,' and final payment will become due within 30
days of the date of acceptance.
f WSS496398.U0C;1/WW6.050219/)
I ,I C. 1 S01
April 16, 2001
CITY OF EDMONDS GARY HAAKENSON
MAYOR
121 5TH AVENUE NORTH - EDMONDS, WA 98020 - (425) 771-0220 - FAX (425) 771-0221
DEVELOPMENT SERVICES DEPARTMENT
Planning - Building - Engineering
Mr. Carl Pearson
16319 75" Pl. W.
Edmonds, WA 98026
RE: Proposed Lot Line Adjustment
Dear Mr. Pearson:
In reviewing your lot line adjustment application it appears that you are claiming land that wasn't
considered as a part of your short plat approved with S-8-87. It also appears that you are proposing a
realignment of the public right-of-way.
It is the Citys position that title to the land you are claiming is clouded. Since the City is not a body that
determines title to land, we will not act on this application until the title issue has been resolved.
)ns. If not please feel free to call me at 425.771.0220.
Bullock, Senior Planner
cc. Rob Chave, Planning Manager
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Incorporated August 11, 1890
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