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BLD2006-0556 LEGAL DOCSFUA ...... ...... RETU-RN ADDRESS: Qtt. -ofEdMonds, City Clerk _.y .1�1 .5th Avenue Noftb 11111111 IN 1111111111111111 EdMoiid 9 8 0 2 0 5 PGS ......... 0811612 208M 6 go SNOHOMISH COUNTY, RSHINGTON ...---..-:---_tdV.ENANT OF NOTIFICATION �kX`D-NbEMNIFICATION/HOLD HARMLESS Reference #: Grantor(s): (1) Al'u, -..(2).... Additional on pg. Grantee(s): City of 19a uds n 011�- W Legal Description (abbrevia Se Rng UP, _�Qtr OR L,6; .Block Plat Assessor's Tax Parcel ID#(s): (2) 051.3 1 015�SwW Assew'r's Tax-Parc to UDH not yet assigned CITY Oi EDAO-�DS. APPROVED FOR R-ECO96ik.: BY- 1� DAMMOPAGE"I.-Up - Under the review procedures established pursuant to.--the..Sta * te-IR-uilding Code, incorporating amendments promulgated by the City* ­of ­td n mt;ndi,'--and as a prerequisite to the issuance of a building permit for the conslittction..of-a re'sidential structure and attendant facilities, the undersigned OWNERS eby .y.--4o hAr covenant, stipulate and promise as follows: ....... ...... ]...-Des�tiiAon 4.Subiect Property. r APPROVED FOR RECOP ,DING BY 64 DATE ZO& PAGE Z, 0 F fq I This covenant of notification and relates to a tract of land at the street address of street address), Edm6qdg �Itoboddsh County, Washington and legally described as: 2. Notification and Covenant of Notifikafi6i. .."Yh e-. above referenced site .............. (hereinafter "subject site") lies within an area which has,been identified by the City of Edmonds as having a potential for earth subsideniceor"149dMide hazard. The ""K eif'evaltiateq by technical risks associated with development of the site have e-**" consultants and engineers engaged by the applicant as.. a 'part of-Ibe.. process to obtain a building permit for the subject site. The results ofthi'f'ofisuftines reports and evaluations of the risks associated with development are 40ainid in Uilding permit rile number JVQU-06�� (insert number) on rile vnI.b--*'the'* Ci ty of Edmonds Building Department. Conditions, limitations, or p qW itions.—on-, development may have been imposed in accord2nee with the recommen'da'�fan"g*oU: APPROYXD FOR RECO BY DATE PA2� OF the :con.s.altants in the tourse of permit issuance. The conditions, limitations, or probibitioiis -�6ngoing maintenance on the part of any owner or lessee or may requii�.m6�irldiions to the structures and earth stabilization matters in order to address luture' o .-untitipated changes in soil or other site conditions. The d io s propgicd by the OWNERS' geotechnical engineer, statements an c ndit . n geologist, arch ite&-and/of stjrd�tural engineer are hereby incorporated by reference from the contents as if herein set forth. Any future purchaser, lessee, lender or any other p*`j�*'tr-9 o ac . q4jrin g pr seeking to acquire an interest in the property is put on notice oflbe-ixisfence'6f the content of the file and the City urges review of its contents. The f6e mi- y be reviewei"d i ormal business hours or .uring n copies obtained at the Building Depariffient,. -C-jty 6f Edmonds, 121 5th Avenue North, Edmonds, Washington 98020F,, 3. Indemnification and Hold Harmless.' T ::undersigned OWNERS hereby waive any and all liability assGciat6d Wit-li deV"Oopipent, stating that they ........... have fully informed themselves of all risks associated, development of the property and do therefore waive and relinquish a6y alhd�all 6,t " of action against wes� the City of Edmonds, its officers, agents and employees a_r*i&mg.f-rbm-­and out of such development. In addition, the OWNERS on behalf of them. selv6s, thdr.successors in interest, heirs and assignees, do hereby promise to indemnify. --94d'h*`o'jd.�`a'*:'r`mless the City of Edmonds, its officers, agents and employees from any -lip. b-fli.ty or damage of any kind or nature to persons or property either the site resulting from or out of earth subsidence or landslide hazard, arising..froh'616'r qut. oi, the issuance of any permit(s) authorizing development of the site, or o�cttriipg­ 0. APP OV D ZFOR RIE 4G CT BY DATE PA(G7;E OF arising.9ut 6fany TaIg-1p, misleading, or inaccurate information provided by the OWNERS;-,thei s, or professional consultants in the course of issuance of the building peri'mite" 4. lnsu6nce__Rejnir:eniLe'U­L n addition to any bonding which may be required during 'th-e-.coti�se,--4 development, the Community Services Director has/has not (strike 'r-.Pquired the maintenance of an insurance policy % for public liability cover'Agi*i;!'R*:,th_e' a in"olint apd for the time set forth below in order to provide for the financiaf.respi�H'S*Ibi.liti'e"s established through the indemnification and hold harmless agreenient"ab(xvi: 5. Covenant to Touch and Concern 116 Eakiii. is. covenant of Th notification and indemnification/hold harmless tone'li -and .*concerns the subject tract and shall run with the land, binding, obligatihig 6:nd4orlii�rifig to the benefit of future owners, heirs, successors and interests or ."a' ... Hy`*'-*'6th_er'_'* rson or entity ..pe acquiring an interest in property, as their interest may ipp!�r."';rhJS-*PrQvision shall not be interpreted to require a mortgagor or lender to ind6ma #y -the..0 : it�*qxcept to the extent of their loss nor to obligate such persons to maintaia�.1b�-ing"ura#iii'-above required. ....... ... .. APPROVJEP FOR RECO G T ...... BY DA E! PAGE OF 4 is, DONE day of OWNER(S) By: . . ......... By: w Ay STATE OF WASHINGTON COUNTY OF .......... I certify that I know or have satis factor 'e vi0epokhat '7rk), ..y sighed-lhis instrument and acknowledged it to b4j)/her) free and volun . iAry-if6t-i4r*,t ... h.e'prurposes mentioned in this instrument. day of DATED this . . ........ ,:F� ..-*&ON RY '01 A RY PUBLIt'..--`* My commission expjf'V.S-" PUV ....... .... OF V4 P; 1, \TEMMUILDINGWEADOVACOWNANT > JAN-19-2005 15:24 ADAPT ENGINEERING INK 206 654 7048 P.02 r 2005 J PIN 42's 255 8`7_9 "6405MO __ P. 02,,'04-- 6 VIC" . t- Q 1AA I M A � r,:,_-_1SUm APR — 7 2006 4: t. I ,3UILDING DEPARTMENT k. CITY OF EDWDNDS mecold;nq Peturri t6i &- d ift 2116101AL Mg (nary A. jgncwfyl RubElt A, AnderSOA and 004an m. frftgrgon, Ile and wife. in C01121de;4tion of the eanognt If 041"ttt, $hand a single Woman# to tkq Vicatlon of tile Street Mary 2. 0Won the ""ItIch of the sold 14th place Wggk b -L"ar of 74th place West 14 the cItY Of Iftonds, slid ,let oft.2 Of "andzip and in rurthol CqRsidezatign of cc Grantee's 911ping ftniftat to Move 001921A trees on Grartmag's property, Conley and lost clai'm to Grant", hot heirs, $4crelmork, Alid a rWmp--mxf:4U1LV4 esemant go: L are and 40141168 "V 99461 6009V 1114tand i . fo3lowir JL:h Wom the -4 pr6porty 11 Snahem county, has COL. legally described fia: 'IV Q 17 I 7 so' t1 an "' "Ots' 56 64111 37, M44OvdaL* seggh, 41CCOZOL1110 tA3 the PlIt thereof 09VEded in VGZVya FlOU, Me 30p records of owbmish County, saih1bgkon, describea aii followti "21114144 at the couth"It teener of said Lot $71 thenme amuth 97 3$143* 048% ala" the 309therly 44ne of ggid Lst p jG'pC ffhet' , tba'498 nOrtb ftfit parallel with ths westerly line of the sailt Lots 56 and Wo 180 fmttj V@4t 4.00 geets thence nam 168hance Wth 97*35-43- Sofiya "at as 0 feat, Z11110ce north 67035,634 west jj jVqt LI) I Ce a W,th thg w?18.pt, n ra; th .16 .19 jyolLme of the B414 Lot ,. W t , "Ones *Cut and 37 ms.ag fe"uAg the westEll? It -at Of Maid Lots S$ et to the 10010t of buyLanigg; TOGSt*ft W= the mailgr2y vj�pp�hnf (1/1) of tug vamted )dtb tht, ftort�hozjy It" of &Qt f# block jig P%&t of ft&dowftle 544011 to 262d St:q0t SedthWett' 36108 tb@ W"6981Y 11 f0et thereof lying between the nmcthetlY b6mda line of the glIgthee OJ16441 (W2) of Let So §4191C7 $90 0! the said list of NUdowdole an&eho as projected &SIterly Itnd pard4laX aft" thm 11MG b&LVM*p th* Mae 'Ats a Ing 9 MDO the southerly beiandery 1440 we' Lot is, aloft so# of the 'Pl4k of ftAdqv;j4* Mach as e firojected earmerly th saft bearing as the gold I no. n each 44*41111ent ahall be for the benefit sk OW run orith the land of drankeo. her heIrs, svocesws and 4641 10catod In * which property is as! 811"Am"h 1:0"ntyF 11110111004t 4USnl@cjgllr d940r,1444 Logs fj "d the north W10442f (1/2, nOck 5,0114atbe NAt of Moodginkle, B*&Chof Lot 8, sowle. as 408CRIbef Of4firazoo tbait butts, succes" 950 and anaLgns uhall ftk be 0b`Z'P&Cmir to FlitntALA, repair, or Ampleve tilt e4suent Ir any Wet Dodge tree& an GxAnt64j'r' pgopg CLY ft-foxievol III Tho multLpit trunk ce4&c tzgg grnwisl) frCm a "U" "bAch is 20vatod neat the noct 441411* old djaproximAhn3y midway between herl)? 14me Ci thp of Lot S. tho gastrtly mid WeAktoro"' Lot 6, (2) On* C&doe kree A*ar the weatistly Give —half (1/2) 00 hQ1rtbkeA4%urjy gCVX@r CC Lot Ct the VA04ted 74th place I "Ott*6 * P,19I I or .2 SASWINT AGNERMEN7 '91"Olp"0264 VOL.2385?01066 0 OCT 'a 0 CBTY Cony TOTAL P.02 goo, 1. - City of Edmonds Earth Subsidence and Landslide Hazard Area Restoration Frozen Fund Form Page Three DEVELOPER/OWNER ACKNOWLEDGEMENT STATE OF WASHINGTON ss. COUNTY OF On this 4 �'60/ day of Z#Pe before me, the under -signed, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared .::2z AAIM4 to me known to be the PUM`C�_ of 1,61a,9 7,5 4y= it V w I Limbf,4 w,4 &2Z , the general partnership that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said partnership, for the uses and purposes therein mentioned, and on oath stated that authorized to execute said instrument. WITNESS my hand and official seal hereto affixed the day and year first above written. MAWXENE'F. M*AiE NOTARY PUBLIC STATE OF WASMNGTON MMSSIMEXPIRES I MAY 19. 2010 WYAO( PUBI IC inandfoYthe State of Washington, residing at ��fttdilQd V E'4W 1,11LO.W. "k r - L:TEMP:BUILDfNG:FORMS:ESLRAFF7/07 -comm. 'NAL- DATE MAY-23-20e TIME 17:57 *** P.01 MODE = MEMORY TRANSMISSION FILE NO.= 148 STN NO. COM ABBR NO. 001 OK a 13 T START=MAY-23 17:56 END=MAY-23 17:57 STATION NAME/TEL.NO. PAGES DURATION 92066821558 001/001 00:00'33" Home Office: ftnern wkswngton: Rob ConbucrSurety Ph North 901 Mawoe 1213 Valley Strm P.O. Box 9271 Scattle, WA 98109-0271 Suite-340 01 S kane, WA 99201 (f09) 326-2244 (206) 628-7200 (M) 36&4CWC National (800) 765-CBIC National (509) =4"2 PAX C206 682-1558 M 9SO.ISSS PAX Toll T (1) 1694462 PAX Toll pzee SubdivWOn & Maintemmice Bond Las-tructions/ExOneration and Release Form Pkase ReadY Subdivision, plat and maintenance bonds are non -cancelable bonds. Thus, you will need to obtain a wrltt_-n release ftom the obligee listed on the bond form (i.e., city or county) to be relieved of your obligations under the bond. Set forth below is a release form t4at is acceptable to CBIC. Please note that you will be required to pay the appropriate premium each year the bond remains in effect, in accordance with cBIC's filed rates. EXONMATION AND RELFASE F WHEREAS, WAA L&I as P ncipal, and CONTRACTORS _')NDIKG AND INSURANCE CONeANX as Surety, executed Bond No. LC 7 —On DO, & — in the sum of—,. h 1h4 V V� . dollars (S 50 '000, M- , a 1 -01-1'77/ PA I.- -rA zo—P-4M.- , -4 6011% R/- to as obligee, for the - 4 WHEREAS, the obligee has determined that all terms of said have now been complied with to the satisfaction of the obligee; "50(v RYA AW i=-4k 'r %) IN . 'Ve NOW, THEREFORE, Bond No. "'My. is hereby exonerated, and CONTRAC70RS BONDING AND INSURANCE COMPANY is released of all obligations and liability thereunder. DATED _ffifi 7_3 --day of Avg' V �/% A BY. UndLUER.03-zw812qq sq�-:ks ROD Home Office: Contract Surely 1213 Valley Street P.O. Box 9271 geattle, WA 98109-0271 (206) 628-7200 (800) 765.CBIC National (206) 682-1558 FAX (800) 950-1558 FAX Toll Free Eastern Washington: North 901 Monroe Suite. 340 Spokane, WA 99201 (509) 326-2244 (800) 368-CB - IC National (509) 325-4462 PAX (800) 4694462 FAX Toll Free . Subdivision & Maintenance Bond bastructions/Exoneration and Release Form Please Read! Subdivision, plat and maintenance bonds are non -cancelable bonds. Thus, you will need to obtain a written release from the obligee listed on the bond form (i.e., city or county) to be relieved of your obligations under the bond. Set forth below is a release form that is acceptable to CBIC. Please note that you will be required to pay the appropriate premium each year the bond remains in effect, in accordance with CBICs filed rates. WHEREAS, — CONTRACTORS as obligee, for the EXONERATION AND RELEASE AND INSURANCE COMPANY, as Surety�. executed Bond No. in the sum dollars ($ 502 000, *- ) t6 " __,/ / f/(-. -111Kf 1701 and , as and -on WHEREAS, the obligee has determined that all terms of said have now been complied with to the satisfaction of the obligee; Ne2 A -Aft A4044W NOW, THEREFORE, Bond NA63q7q is hereby exonerated, and CONTRACTORS BONDING AND INSURANCE COMPANY is released of all obligations and liability thereunder. DATED this ---day of JO OBLIG&,,-" BY: TITLE: fiwxt�&�� UndLUER.03-ZBOB1299 APR-07-2006 14:09 P. 04/07 City -of Edmonds Meadowdale Landslide Hazard Area Restoration Bonding Company Bond Form Page Three STATE OF WASHINGTON ) ss. COUNTY OF On this day of 0 lum C 2.D_01� before me, the, under -signed, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared 114�� DY:2—Ai 2—to me known to be the d,- v�elog!!��rhQ-n e,,-- of S_jr_ed. 13, 1 j �4 e Jt4,44 f Q L L C__ the general partnership that executed the foregoing instrurnent, and acknowledged the said instrument to be the free and voluntary act and deed of said partnership, for the uses and purposes therein mentioned, and oil oath stated that S IR�041 was authorized to execute said instrurnent. 17 WITNESS my hand and official seal hereto affixed the day and year first above written. NOT A trY PUBT 1C in and f�r the State of Washington, residin at L.tcmp:b1dg:mcadowda1ej1g2/99 Home Office: i*hfis 1213 Valley Street PO Box 9271 V911; Limited Power of Attorney Seattle, WA 98109-0271 1"SURA"CE (206) 628 -7200 KNOW ALL MEN BY THESE PRESENTS that CONTRACTORS BONDING AND INSURANCE COMPANY, a corporation duty organized and existing under the laws of the State ofWashington, and having its principal office in Seattle, King County, Washington, does by these presents make, constitute and appoint ERIC SIRKIN, of Seattle, Washington, its true and lawful Attomeyin-Fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver on behalf of the Company any and all bonds and undertakings of suretyship given for any purpose, provided, however, that no Aftomey-in-Fact shall be authorized to execute and deliver any bond or undertaking that shall obligate the Company forany portion ofthe penal sum,thereofin excess of $6,000,000, and provided, further, that no Attomey-in-Fact shall have the authority to issue a bid or proposal bond for any project where, if a contract is awarded, any bond or undertaking would be required with a penal sum in excess of $6,000,000; and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the President sealed with the corporate seal of the Company and duly attested by its Secretary; hereby ratifying and confirming all that the said Aftomey4n-Fact may do in the premises. Said appointment is made under and by authority ofthe following resolutions adopted by the Board of Directors of the CONTRACTORS BONDING AND INSURANCE COMPANY on May 20, 2004: RESOLVED that the President of the Company is authorized to appoint any person as the Companys true and lawful Aftomey-in-Fact with power and authority to execute and deliver on behalf of the Company any and all bonds and undertakings of suretyship given for any purpose, subject to such limits as shall be determined by the President of the Company; provided, however, that no such person shall be authorized to execute and deliver any bond or undertaking that shall obligate the Company forany portion of the penal sum thereof in excess of $10,000,000, and provided, further, that no Aftomey4n-Fact shall have the authority to issue a bid or proposal bond for any project where, N a contract is awarded, any bond or undertaking would be required with penal sum in excess of $10,000,000. Any Attorney -in -Fact authorized to execute a surety bond or undertaking may also be authorized to execute any consent or other documentation incidental to said bond or undertaking, provided such document does not obligate the Company in excess of the limit set forth above. RESOLVED FURTHER that the authority of the Secretary of the Company to cerfily the authenticity and effectiveness of the foregoing resolution in any Limited Power ofAttomey is hereby delegated to the following persons, the signature of any of the following to bind the Company with respect to the authenticity and effectiveness ofthe foregoing resolutions as if signed by the Secretary of the Company: Terry N. Thompson, Luther L Hicks, William K Barbour, Diana Hollingsworth, John T. Pieprzny, Mary Beth Kostyk, RitaA. Miller, Gregory P. Bruno, Dorothy Tarka, Michael J. McVey, Phyllis K Jefferies. Will Finan, Wesley B. Hong, John 0. Minto, Brian Schick, Eric Sirkin, Chris Rebum, Mark Noma, Wm. Blair Meixell, Julie A. Durkin, Yolanda Urrutia, Vickie Spence, Mike Castaneda and Maureen Saccio. Provided, however, that no such person shaill have the authority to cerlify the authenticity of a resolution or Limited Power of Attorney document which serves to appoint themself as Attomeywin-Fact RESOLVED FURTHER that the signatures (including certification that the Power of Attorney is still in force and effect) of the President, Notary Public and person certifying authenticity and effectiveness, and the corporate and Notary seals appearing on any Limited Power of Attorney containing this and the foregoing resolutions as well as the Limited Power of Attorney itself and its transmission, may be by facsimile; and such Limited Power of Attorney shall be deemed an original in aill aspects. RESOLVED FURTHER that all resolutions adopted prior to today appointing the above named as Attomey-in-Fact for CONTRACTORS BONDING AND INSURANCE COMPANY are hereby superseded. IN WITNESS WHEREOF, CONTRACTORS BONDING AND INSURANCE COMPANY has caused these presents to be signed by its President and its corporate seal to be hereto affixed this 27th day of October, 2005. AND 0....NN CONTRACTORS BONDING AND INSURANCE COMPANY C �- 0, % Q EAL: By: Don Sirkin, President ........... STATE OF WASHINGTON — COUNTY OF KING On this 27th day of October, 2005, personally appeared DON SIRKIN, to me known to be the President of the corporation that executed the foregoing Limited Power ofAftomey and acknowledged said Limited Power of Attorney to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he is authorized to execute the said Limited Power of Attorney. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. ON a Notary Public in and for the State of Washington, residing at Seattle The undersigned, acting under authority of the Board of Directors of CONTRACTORS BONDING AND INSURANCE COMPANY, hereby certifies, as or in lieu of Certificate of the Secretary of CONTRACTORS BONDING AND INSURANCE COMPANY, that the above and foregoing is a full, true and correct copy of the Original Power of Attorney issued by said Company, and does hereby further cerfify that the said Power of Attorney is still in force and effect. GIVEN under my hand PoaDS01.14-US102705 this day 20—. Umbaugh, Theresa From: Umbaugh, Theresa Sent: Thursday, May 22, 2008 4:55 PM To: 'tung.bui@verizon.net' Cc: Graf, Jeannine Subject: BLD2006-0556 Permit Performance Bond information Hello Tiffany, The ESLHA Performance Bond can be replaced with the ESILHA Performance Frozen Fund. The Frozen Fund must be in place prior to release of the Bond. If you have any questions please let me know. Theresa M. Urnbaugh Senior Permit Coordinator Deve/opment Services Department City of Edmonds Hours M, 7". 7'h� Fl: 8:00am to 4:30prn Wednesday - Closed _-- _---_ - -- - - ` 1 t_ - - - -- - --- - - MAY-2-2-2008 - - - - 8U14o1"liC, DEPARTMENT- CATY OF EbF'4t3DS J' i/ r ta c:�� i3o/tR I � �tuy JD (t4a'sc