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S-98-108 and V-98-109LEGAL DESCRIPTION LOT "B", OF THE LOT LINE ADJUSTMENT IN THE SNOHOMISH COUNTY RECORDS UNDER AUDITOR'S FILE NO. 9107030640, BEING A PORTION OF LOT 53 AND THE NORTH HALF OF LOT 52, PLAT OF MEADOWDALE BEACH, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 5 OF PLATS, PAGE 38, RECORDS OF SNOHOMISH COUNTY, WASHINGTON. TOGETHER WITH THAT PORTION OF THE SOUTH HALF OF SAID LOT 52 LYING NORTHERLY OF A LNE BEGINNING AT A POINT ON THE EAST LINE OF LOT 52 THAT IS 66.12 FEET NORTH AS MEASURE) ALONG SAID EAST LINE FROM THE SOUTHEAST CORNER OF SAID LOT 52; THENCE NORTH 68'03'00" WE'$T A DISTANCE OF 269.35 FEET TO THE NORTH LINE OF SAID SOUTH HALF AND THE TERMINUS OF THE HEREIN DESCRIBED LINE. SETBACK INFORMATION 1. SETBACKS SHOWN ARE FOR REFERENCE ONLY AND VEST NO RIGHT. 2. MINIMUM 25 FOOT SETBACK BETWEEN STRUCTURES AND TOP OF BANK MUST BE MAINTAINED ONLOTS 1 & 2. 3. MINIMUM 15 FOOT SETBACK BETWEEN STRUCTURES AND TOP OF BANK MUST BE MAINTAINED ON _OTS 3 & 4. 4. AS RECOMMENDED WITHIN THE EIS, A NATIVE GROWTH, NON —DISTURBANCE AREA WITHIN THE 5 FOOT AND 25 FOOT BUILDING SETBACKS FROM THE TOP OF THE BANK SHALL BE ESTABLISHED. 5. THE HEARING EXAMINER HAS GRANTED A SETBACK VARIANCE FOR LOTS 1 & 2. CRITICAL AREA VARIANCE THE HEARING EXAMINER HAS GRANTED A CRITICAL AREAS VARIANCE AS FOLLOWS: 1) ELIMINATI(d OF STEEP SLOPE CRITICAL AREA SETBACK AND BUFFER REQUIREMENTS AND 2) REDUCTION OF THE 15 FOC BUILDING SETBACK FROM THE WETLAND BUFFER FOR LOTS 3 & 4. CONDITIONS COMPLIANCE WITH ALL OF THE CONDITIONS OF APPROVAL FOUND IN THE FINAL APPROVAL OF TE SHORT SUBDIVISION AND THE ATTACHMENTS THERETO. A COPY OF SAID DOCUMENT IS LOCATED IN FILES 98-108 AND V 98-109 IN THE OFFICE OF THE CITY OF EDMONDS PLANNING DIVISION. WITH THE RECORDING OF THIS SHORT SUBDIVISION THE PRESENT OWNER(S) DECLARE THE PRIVATE=ASEMENTS AS SHOWN HEREON AND THAT SAID EASEMENTS ARE TO THE BENEFIT OF THE PRESENT OWNERS, HEIR HEIRS SUCCESSORS, OR ASSIGNS, OF LOTS 1, 2, 3 AND 4 OF THIS SHORT SUBDIVISION. 20' PRIVATE ACCESS EASEMENT: MAINTENANCE, OPERATION, REPAIR AND/OR RECONSTRUCTION, AS INTENDED IN THIS DECLARAT"!, APPLY TO ALL NECESSARY MATERIALS AND LABOR REQUIRED TO MAINTAIN A STABLE AND USABLE RO-i SURFACE FOR INGRESS AND EGRESS OF SAID 20' PRIVATE ACCESS AND UTILITY EASEMENT SHOWN ON TF..�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to-0• SIGNATURE DATE CERTIFICATE NO. 18904 HOLD HARMLESS OWNER, AND ALL PERSONS HAVING ANY PRESENT, OR SUBSEQUENT, OWNERSHIP INTEREST IN THESE LANDS, AND ANY SUCCESSORS AND ASSIGNS OF OWNERS OR OTHER PARTIES HAVING ANY SAID INTEREST, HEREBY AGREE THAT THE CITY OF EDMONDS SHALL BE HELD HARMLESS IN ALL RESPECTS FROM ANY CLAIMS FOR INJUNCTIVE RELIEF WHICH MAY BE OCCASIONED, NOW OR IN THE FUTURE, TO ADJACENT LAND OR IMPROVE— MENTS BY REASON OF THE CONSTRUCTION, OPERATION AND MAINTENANCE OF THE DRAINAGE SYSTEM AND HEREBY WAIVE AND RELEASE THE CITY OF EDMONDS FROM ANY AND ALL CLAIMS FOR DAMAGES, EXCLUDING DAMAGE SOLELY CAUSED BY AN ACT OR OMISSION OF SAID CITY AND INJUNCTIVE RELIEF WHICH THE OWNERS OR THEIR SUCCESSORS OR ASSIGNS, MAY THEMSELVES HAVE NOW OR IN THE FUTURE BY REASON OF THE CONSTRUCTION, MAINTENANCE AND OPERATION OF SAID DRAINAGE SYSTEM. NATIVE GROWTH_ PROTECTION EASEMENT AN EASEMENT IS RESERVED FOR AND GRANTED TO THE CITY OF EDMONDS AND ITS CITIZENS WITHIN THE AREA SHOWN ON THE PLAT AND MARKED "NATIVE GROWTH PROTECTION EASEMENT" IN ORDER TO PRESERVE THE PHYSICAL AND AESTHETIC CHARACTER OF THE CITY AND PARTICULARLY THE SAFETY AND STABILITY OF STEEP SLOPES AND OTHER CRITICAL AREAS THROUGH THE PREVENTION OF INDISCRIMINATE REMOVAL OR DESTRUCTION OF NATIVE VEGETATIVE GROWTH ON DEVELOPED OR PARTIALLY DEVELOPED PROPERTY. EXCEPT AS PROVIDED HEREIN, THE OWNERS OF THE PROPERTY SHALL PRESERVE AND MAINTAIN THE EXISTING NATIVE GROWTH AND VEGETATION AND SHALL NOT CUT, PRUNE, LOG, DESTROY BY THE USE OF HERBICIDES OR OTHERWISE DISTURB THE NATIVE GROWTH WITHIN THE EASEMENT EXCEPT THAT DEAD, DYING OR DISEASED VEGETATION MAY BE REMOVED WHICH IS AN UNREASONABLE THREAT TO THE SAFETY OF ANY ADJACENT HOME OR PUBLIC OR PRIVATE RIGHT—OF—WAY OR WHEN NECESSARY TO PROTECT THE REMAINING VEGETATION FROM DISEASE. IN STEEP SLOPE ENVIRONMENTS AND AREAS SUBJECT TO EDMONDS COMMUNITY DEVELOPMENT CODE (ECDC) SECTION 19.05, REQUESTS TO REMOVE VEGETATION OR TREES WHICH MAY INCREASE THE RISK OF SLIDE DANGER SHOULD BE ADDRESSED TO THE CITY ENGINEER FOR ADMINISTRATIVE REVIEW SUBJECT TO ECDC SECTION 18.45.030.G AS SAME EXISTS OR IS HEREAFTER AMENDED. SUCH AREAS MAY BE ALLOWED TO NATURALLY RESEED THEMSELVES UNLESS REPLANTING IS NECESSARY TO PRESERVE SLOPE STABILITY, PRE— SERVE A WATER SHED AND WATER QUALITY, PREVENT EROSION OR WHEN NATIVE GROWTH IS DESTROYED OR DAMAGED BY FIRE OR OTHER NATURAL CATASTROPHE. IN SUCH CASES, REPLANTING SHALL BE UNDERTAKEN AT THE COST OF THE OWNER(S) OF PROPERTIES WITHIN THE SUBDIVIDED TRACT WITH APPROPRIATE NATIVE PLANTS. REPLANTINGS SHALL BE WATERED, MAINTAINED AND REPLACED UNTIL THE DAMAGED AREA HAS BEEN RESTORED. NO HERBICIDE, PESTICIDE OR OTHER CHEMICAL SHALL BE USED IN THE EASEMENT AREA EXCEPT AS MAY BE NECESSARY TO ADDRESS INSECT OR RODENT INFESTATION IN ACCORDANCE WITH LAW OR ADMIN— ISTRATIVE ACTION. RECORDING CE"MATE FILED FOR RECORD THIS DAY OF f9- AT M' IN BOOK OF SURVEYS AT PAGE AT THE REQUEST DF DAVID EVANS AND ASSOCIATES, INC. DIVISION OF RECORDS & ELECTIONS I AN AGER/AUDI TOR UPT. OF RECORDS/DEPUTY AUDITOR IECORDING NO. • • • �tiZ XtIct I/WE VERIFY THAT I/WE ARE THE LEGAL OWNER(S) OF THE PROPERTY DESCRIBED ABOVE AND I/WE CERTIFY THAT THIS SUBDIVISION WITH THE FOLLOWING DEDICATIONS AND CONDITIONS IS MADE OF MY FREE CONSENT AND ACCORDING TO MY/OUR DESIRES. PROPERTY OWNER SIGNATURE LINES STATE OF WASHINGTON �SS COUNTY OF I CERTIFY THAT I KNOW OR HAVE SATISFACTORY EVIDENCE THAT IS THE PERSON WHO APPEARED BEFORE ME, AND SAID PERSON ACKNOWLEDGED THAT HE/SHE SIGNED THIS INSTRUMENT AND ACKNOWLEDGED IT TO BE HIS/HER FREE AND VOLUNTARY ACT FOR THE USES AND PURPOSES MENTIONED IN THE INSTRUMENT. 11 DATED SIGNATURE MY APPOINTMENT EXPIRES STATE OF WASHINGTON 3SS COUNTY OF I CERTIFY THAT I KNOW OR HAVE SATISFACTORY EVIDENCE THAT IS THE PERSON WHO APPEARED BEFORE ME, AND SAID PERSON SIGNED THIS INSTRUMENT AND ACKNOWLEDGED IT TO BE HIS/HER FREE AND VOLUNTARY THE USES AND PURPOSES MENTIONED IN THE INSTRUMENT. DATED SIGNATURE MY APPOINTMENT EXPIRES APPROVALS APPROVED AND AUTHORIZED FOR RECORDING BY THE CITY OF EDMONDS ENGINEERING DIVISION BY: �1 E c4JP jI-14(`F THIS y�DAY OF f4'-" -NSr2000. APPROVED AND AUTHORIZED FOR RECORDING BY THE CITY OF EDMONDS PLANNING DIVISION BY: 46Si 1 E '[ tNA , kw t.G THIS.ZI-DAY OF 6!! . ��2000. A PORTION OF TIE SWIM, SWIM, Sec. 59 T 27 K 4 E, W.M. FILES S-98-108 & V-98-109 DAVID EVANS AND ASSOCIATES, 1620 W. MARINE VIEW DR. SUITE 200 EVERETT, WA. 98201 (425)259-4099 ACT FOR SHEET 1 OF 2 SCALE 1"=50' SURVEYED FIELD BOOK DRAWN GGW CHECKED RCH FILE THOR0001