BLD1990-0530 MISC DOCSFile No #?16
Applicant Bolt PA.,QT"
AFFIDAVIT OF MEADOWDALE LANDSLIDE PERMIT POSTING
STATE OF WASHINGTON )
) ss.
COUNTY OF SNOHOMISH )
Ls) 'W ( Sow being first duly sworn, on oath, deposes
and says:
That on the ZZ4? day of AT >P,LL- , 19_0 the .
site located at (11 — JiVA, was posted as
prescribed by Ordinance No. 2661 on the subject property. This posting
begins on the day the City accepts the permit application for review
and shall remain until building occupancy is gran
Signed
Signed
Subscribed and sworn to before me this a,"t bay of .
19�.
Notary Public in and for the State of
Washington.
Residing at
MY COMMISSION EXPIRES 34 93
9 0,0 4 ®
Gr\ \
COVENANT OF NOTIFICATION AND INDEMNIFICATION/HOLD HARMLESS
pERM1Z C4uNjUnder the review procedures established pursuant to the State
Building Code, incorporating amendments promulgated by the City
of Edmonds, and as a prerequisite to the issuance of a building
permit for the construction of a residential structure and
attendant facilities, the undersigned OWNERS of property do
hereby covenant, stipulate and promise as follows:
1. Description C.F sub ect Property. "M s covenan t C:i
notification and indemnification/hold harmless relates to a tract
of land at the street address of f 5 f ,� 9 75 rL rk. W . ( insert
street address), Edmonds, Snohomish County, Washington and
legally described as:
The South 1(. feet. of Lc t 9 11 of Lot 1( , 31ocl•. 3C. ,
i�ccordir,.; to the plat ti.ereof recor,ec in
Volur;:e 5 cf slats, Page 3E, records of anohcr.ish Ccur,ty,
,.sliin It. Situate in the. Ccwtty of Snot,.c-i .isri, �A_ to of
2. Notification and Covenant of Notification. The 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 subsidence or landslide hazard. The risks
associated with development of the site have been evaluated by
technical consultants and engineers engaged by the applicant as a
part of the process to obtain a building permit for the subject
site. The results of the consultant's reports and evaluations of
IISS52079A/0006.040.034 -1- oUILDING
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FEB 9 - 1000
the risks associated with development are contained in building
permit file numberQ (insert number) on file with the
City of Edmonds Building Department. Conditions, limitations, or
prohibitions on development may have been imposed in accordance
with the recommendations of the consultants in the course of
permit issuance. The conditions, limitations, or prohibitions
may require ongoing maintenance on the part of any owner or
lessee or may require modifications to the structures and earth
stabilization matters in order to address future or anticipated
changes in soil or other site conditions. The statements and
conditions proposed by the OWNERS' geotechnical engineer,
geologist, architect and/or structural engineer are hereby
incorporated by reference from the contents of the file as fully
as if herein set forth. Any future purchaser, lessee, lender or
any other person acquiring or seeking to acquire an interest in
the property is put on notice of the existence of the content of
the file and the City urges review of its contents. The file may
be reviewed during normal business hours or copies obtained at
the Planning Department, City of Edmonds, 505 Bell Street,
Edmonds, i ashington 99020.
3. Indemnification and Hold Harmless. The undersigned
OWNERS hereby waive any and all liability associated with
development, stating that they have fully informed themselves of
all risks associated with development of the property and do
therefore waive and relinquish any and all causes of action
against the City of Edmonds, its officers, agents and employees
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arising from and out of such development. In addition, the
OWNERS on behalf of themselves, their successors in interest,
heirs and assignees, do hereby promise to indemnify and hold
harmless the City of Edmonds, its officers, agents and employees
from any loss, claim, liability or damage of any kind or nature
to persons or property either an or off the site resulting from
or out of earth subsidence or landslide hazard, arising from or
out of the issuance of any permit(s) authorizing development of
the site, or occurring or arising out of any false, misleading,
or inaccurate information provided by the OWNERS, their
employees, or professional consultants in the course of issuance
of the building permit.
4. Insurance Requirement. In addition to any bonding which
may be required during the course of development, the Community
Services Director has/has not (strike one) specifically required
the maintenance of an insurance policy for public liability
coverage in the amount and for the time set forth below in order
to provide for the financial responsibilities established through
the indemnification and hold harmless agreement above:
(insert insurance requirements and time period,
if any --if no insurance required, so state.]
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5. covenant to Touch and Concern the. Land. This covenant
of notification and indemnification/hold harmless touches and
concerns the subject tract and shall run with the land, binding,
obligating and/or inuring to the benefit of future owners, heirs,
successors and interests or any other person or entity acquiring
an interest in property, as their interest may appear. This
provision shall not be interpreted to require a mortgagor or
lender to indemnify the City except to the extent of their loss
nor to obligate such persons to maintain the insurance above
required.
DONE this %/ day of , 1996!
OWNER (S)
By:
By:
STATE OF WASHINGTON
ss:
COUNTY OF
I certify that I know or have satisfactory evidence
that t Cc..r.a'�Tir.. J..c� signed this instrument and acknowledged
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it .to be his/her) free and voluntary act for the purposes
mentioned in this instrument.
-'DATED this da
Y of AN , 199D
NOTARY PUBLIC
My commission expires:
STATE OF WASHINGTON )
)ss:
COUNTY OF
I certify that I tknow or have satisfactory evidence
that signed this instrument and acknowledged
it.:,, to* be '(his Cher)) free and voluntary act for the purposes
;�mehtioned in this instrument.
R DATED this 1 day of �'�(.} IC C.L 19;.
NOTARY UBL C LJ
My commission expires:
STATE OF WASHINGTON )
)ss:
COUNTY OF
that
I certify that I know or have satisfactory evidence
signed this instrument, on oath
stated that (he/she) was authorized to.execute the
instrument and acknowledged it as the (title)
of (name of party on behalf of whom instrument
was executed) to be the free and voluntary act of such party for
the uses and purposes mentioned in this instrument.
DATED this day of , 199_.
NOTARY PUBLIC
My commission expires:
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RECEIVED
APR 2 151900 004230 18?
0060.090.014 "PERMIT COUNTER
JEH/crd
10/19/88
RE:10/26/88
RE:10/31/88
CITY OF EDMONDS, WASHINGTON
COVENANT TO PARTICIPATE IN/WAIVE RIGHT TO PROTEST LID
WHEREAS, the undersigned owners are the owners of certain
real property located in Snohomish County, Washington, which is
legally described on Exhibit A attached hereto and incorporated
herein by this reference as if set forth in full, hereinafter
referred to as "the property," and
WHEREAS, the owners have applied to develop the property,;:.
as lies; e i1;i ;.1 ( insert development type) , which will have /aii`
impact on
�r} �
(insert impact), (e.g., storm drainage, streets water, sewe,),
and
WHEREAS, as a condition of approval of the pro,'posed
development, the City has required the owners to mitigate j0pacts
of the development and the owners and the City have agree; d that
such mitigation may take the form of participation in -a local
improvement district (LID) for construction of certain
improvements deemed necessary to mitigate the impact, now,.
therefore,
FOR AND IN CONSIDERATION OF the City's approval of owners'
development of the property described on Exhibit A without
requiring owners to presently construct the improvements
hereinafter described, the owners covenant and agree as follows:
1. Warranty of Title. The owners warrant that they are the
owners of the property described on Exhibit A and are authorized
to enter into this Agreement.
2. Acknowledgment of City Authority. Owners acknowledge
that State law and City ordinance provide that the City may
require that the following improvements be designed and
constructed as a condition of, and to mitigate the effects of,
the development proposed by the owners (insert description of
specific improvements):
Owners further acknowledge that the consideration for this
Agreement is approval of owners' development by the City without
requiring that such improvements be completed prior to such
approval.
3. Acknowledgment of Special Benefit. Owner acknowledges
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that the entire property legally described on Exhibit A, and if
the proposed development is a subdivision or short subdivision,
each and every lot to be created as part of the development of
the property legally described on Exhibit A, would be specially
benefitted by the construction of the improvements specified in
paragraph 2 above.
4. Agreement to Participate in or Waive Protest of LID.
A. Petition Method. Owners understand that the
formation of a local improvement district wh.ich
includes the property described on Exhibit A for
the purpose of providing the specified improvements
will result in the property being assessed a
proportionate share of the costs. of those
improvements. With full understanding of this
consequence, owners agree to sign a petition for
the formation of an LID or ULID for the specified
improvements at such time as a petition is
circulated or the City requests the owners to sign
such a petition and the owners hereby agree that
the Mayor of the City may sign the petition for the
owners as the owners' attorney in fact, should the
owners fail, refuse or be unable to do so.
B. Resolution Method - Waiver of Right to Protest.
Owners understand that owners have the right to
protest formation of an LID or ULID to construct
the specified improvements pursuant to RCW
35.43.180. With full understanding of owners'
right to protest and the consequences of formation
of an LID or ULID, owners agree to participate in
any LID or ULID to design or construct the
specified improvements and to waive the right to
protest formation of the same. Owners shall retain
the right to contest the method of calculating any
assessment under such LID or ULID and the amount
thereof, and shall further retain the right to
appeal confirmation of the final assessment roll in
the manner provided by law.
5. Binding Effect - Duration. This Agreement shall be
recorded with the Snohomish County Auditor, shall constitute a
covenant running with the land described on Exh�bit A, and shall
be binding upon the owners, their heirs, successors in interest
and assigns, provided, that this Agreement shall be valid only
for a period of ten (10) years from the date it is signed by the
owners, after which it shall expire and become null and void.
6. Specific Enforcement. In addition to any other remedy
provided by law or this Agreement, the terms of this Agreement
may be specifically enforced by the City of Edmonds.
7. Attorney's Fees. In any suit or action brought by the
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i
City of Edmonds to enforce any provision of this Agreement or to
redress any breach, the owners covenant that the City shall be
entitled to reasonable attorney's fees and costs in addition to
any other remedy.
DATED this %L/ day of , 19(o
OWNERS
c
STATE OF WASHINGTON )
)ss:
COUNTY OF
i
I certify that I know or have satisfactory evidence
that �� 3� ..,, �,�, i signed this instrument and acknowledged
it to be (his/her) free and voluntary :act for ..the- purposes
mentioned in this instrument.
DATED this /L\,,hday of �1�^� �.�� , "29�L
NOTARY PUBLIC
My commission expires: /a - I
STATE OF WASHINGTON )
)ss:
COUNTY OF )
I certify that I know or have satisfactory evidence
that
stated that
(he/she)
signed this instrument, on oath
was authorized to
execute the instrument and acknowledged it as the
(title) of
instrument was executed)
( name of party on behalf of whom
to be the free and voluntary
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City of Edmonds to enforce any provision of this Agreement or to
redress any breach, the owners covenant that the City shall be
entitled to reasonable attorney's fees and costs in addition to
any other remedy.
DATED this %L/ day of , 19(o
OWNERS
c
STATE OF WASHINGTON )
)ss:
COUNTY OF
i
I certify that I know or have satisfactory evidence
that �� 3� ..,, �,�, i signed this instrument and acknowledged
it to be (his/her) free and voluntary :act for ..the- purposes
mentioned in this instrument.
DATED this /L\,,hday of �1�^� �.�� , "29�L
NOTARY PUBLIC
My commission expires: /a - I
STATE OF WASHINGTON )
)ss:
COUNTY OF )
I certify that I know or have satisfactory evidence
that
stated that
(he/she)
signed this instrument, on oath
was authorized to
execute the instrument and acknowledged it as the
(title) of
instrument was executed)
( name of party on behalf of whom
to be the free and voluntary
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1
act of such party for the uses and purposes mentioned in this
instrument.
DATED this day of
NOTARY PUBLIC
My commission expires:
0
01 198.
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OWNERS ACKNCWLEDsr:b:ENT/DECLARATION
larch 12, 19JL
RECEIV FED
Building Official APR. 2 01990
City of Edmonds
5C5 Bell Street PERffg CjOTER
Edmonds, Washington 98C20
To Whom It May Concern:
Enclosed please find my application for a building permit
for a single family residential structure. Through investigation
and the representations of my professional consultabLts, I
understand and acknovkledge that the proposed structure would
be built in an area of Active Earth subsidence and landslide
hazard. I accept any and all risks of building a residential
structure in any area of potential unstable soil and voluntarily
submit with my application a Covenant to Notify any future
purchaser of the property, or residential lessees of the
structure or portions of the structure on the site of the
slide potential for the area. I have also voluntarily supplied
an Indemnification and Hold Harmless Agreement to the City of
Edmonds in order that no other person or entity will be
subjected to lea -al liability because of my personal decision
to construct a residence on this site.
$off Y NO[p —
if /N1-. *S\0 E#cis,
�pTAky
N
*� :pip 0 e k-�
15. l '
ST OF'� I GTON )
/� ) s s :
COUNTY OF sho h aM.S�J
I certify that I
that Kckc.a h
Respectfully,
Frank Bonipart, Marion Bonipart
know or have satisfactory evidence
signed this instrument and acknowledged
it to be (his/her) free and voluntary
mentioned in this instrument.
act for the purposes
DATED this 14r41day of J'Aa ; oV\ , 191M
NOTARY PUBLIC
My commission expires: 1 a -/ 5 -�V