2024-04-09 Council PPW Packet2
OF BbMG
ti Agenda
Edmonds City Council
1,00
PARKS AND PUBLIC WORKS COMMITTEE
CITY COUNCIL CONFERENCE ROOM
121 - 5TH AVENUE N, EDMONDS, WA 98020
APRIL 9, 2024, 1:30 PM
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COMMITTEE MEMBERS: SUSAN PAINE (CHAIR), MICHELLE DOTSCH, COUNCIL PRESIDENT (EX-
OFFICIO MEMBER)
CALL TO ORDER
COMMITTEE BUSINESS
1. Snohomish County - City of Edmonds Interlocal Agreement for Mee Parkland Acquisition (10
min)
2. 2023 Transportation Impact Fee Annual Report (10 min)
3. Presentation of professional services agreement for KPG/Psomas to provide design engineering
services for the Phase 5 Storm Utility Replacement/Rehab Project. (10 min)
4. 5-ft dedication for 98th Ave W right-of-way adjacent to 22214 98th Ave W (10 min)
5. A&T Dreams 10-ft Street Dedication and 20-ft Public Sewer Easement (10 min)
ADJOURNMENT 3:30 PM
Edmonds City Council Agenda
April 9, 2024
Page 1
2.1
City Council Agenda Item
Meeting Date: 04/9/2024
Snohomish County - City of Edmonds Interlocal Agreement for Mee Parkland Acquisition
Staff Lead: Angie Feser
Department: Parks, Recreation & Human Services
Preparer: Angie Feser
Background/History
Narrative
On February 20, 2024 the City Council authorized the acquisition of a one -acre property know as the
Mee property. The property acquisition was closed on March 22, 2024 and the property is now in
possession of the City.
In 2023, in preparation for this land acquisition, Parks, Recreation & Human Services Department
applied for and was successful in securing a Conservation Futures Program grant from Snohomish
County that reimburses 75% of purchase price and related costs not to exceed $879,375.
Mee Acauisition - Capital Budizet Imoacts
Expenditures
Purchase Price
$
925,000
Related Costs*
$
212,500
$
1,137,500
Funding Sources
Snohomish County Grant
$
853,125
Tree Fund 143 (Fee -In -Lieu)
$
200,000
REET 126
$
84,375
$ 1,137,500
*Related costs include appraisal, title report, due diligence, site survey, ESA Phase 1, site security and
buildings demolition.
If the City chooses not to enter into the Interlocal Agreement the eligible grant expenditures of the park
land acquisition and related costs will be paid for by city funding.
Staff Recommendation
City Council authorize the Mayor to execute the attached City of Edmonds - Snohomish County
Conservation Futures Grant Interlocal Agreement for reimbursement of eligible expenditures related to
the Mee parkland acquisition.
Packet Pg. 2
2.1
Attachments:
SnoCo - CoE CF Grant ILA re Mee Property
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2.1.a
INTERLOCAL COOPERATION AGREEMENT
BETWEEN
SNOHOMISH COUNTY AND THE CITY OF EDMONDS
CONCERNING
ACQUISITION OF PROPERTY WITH CONSERVATION FUTURES FUNDS
THIS INTERLOCAL COOPERATION AGREEMENT BETWEEN SNOHOMISH COUNTY
AND THE CITY OF EDMONDS CONCERNING ACQUISITION OF PROPERTY WITH
CONSERVATION FUTURES FUNDS (this "Agreement"), is made and entered into this
day of , 2024, by and between SNOHOMISH COUNTY, a political
subdivision of the State of Washington (the "County'), and the CITY OF EDMONDS, a
Washington municipal corporation (the "City") pursuant to Chapter 39.34 RCW.
RECITALS
A. The County manages a Conservation Futures funding program
pursuant to RCW 84.34.200 et seq. and Chapter 4.14 Snohomish County Code.
B. Cities and towns located in Snohomish County, nonprofit historic
preservation corporations, and nonprofit nature conservancy corporations or
associations as such are described in RCW 84.34.210 are eligible to apply to
the County for resources to fund acquisition of interests or rights in real
property located within Snohomish County that meet the conservation criteria
described in RCW 84.34.210 et seq.
C. The City applied for resources from the Snohomish County
Conservation Futures Property Tax Fund to acquire fee simple interest to
approximately 0.99 acres of real property located in the City of Edmonds,
referred to as Mee Property Acquisition, and more particularly described in
Section 1 below (hereinafter referred to as the "Property').
D. Whereas, on August 8, 2023 the Conservation Futures Program
Advisory Board (the "Board") at its regularly scheduled meeting listened to the
presentation, reviewed the project proposal and voted to recommend project
funding, through the Conservation Futures Property Tax Fund in the amount
of Eight Hundred Seventy -Nine Thousand Three Hundred Seventy -Five Dollars
($879,375.00) to assist with purchase of the Property.
E. On December 13, 2023, the Snohomish County Council, by Motion
No. 23-409, allocated funding in the amount of Eight Hundred Seventy -Nine
Thousand Three Hundred Seventy -Five ($879,375.00) Dollars to the City of
Edmonds from the Snohomish County Conservation Futures Property Tax Fund
for that purpose.
Interlocal Cooperation Agreement between Snohomish County and City of Edmonds
Concerning Acquisition of Property with Conservation Futures Funds Page 1 of 9
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2.1.a
NOW, THEREFORE, in consideration of the mutual promises set out below and
for other good and valuable consideration, the Parties agree as follows:
1. Identification of Property. The unimproved Property is located in the City
of Edmonds, Washington and is generally legally described as follows:
SEE ATTACHED EXHIBIT A.
2. Purpose of Property Acquisition. The Property is to be acquired for the
purpose of conserving open spaces and areas as authorized by RCW 84.34.200 et seq.,
and for conservation and for passive, public recreation.
3. Duration. This Agreement shall become effective when executed by both
parties and posted on the County's Interlocal Agreements website (the "Effective Date").
If the Property is acquired within the time frame provided in Section 5.1 below, this
Agreement shall be in effect perpetually, subject to any amendments agreed to in writing
by the parties. If the Property is not acquired within the time frame provided in Section
5.1 below, this Agreement shall be terminated; PROVIDED, HOWEVER, that the County
and the City may mutually agree in writing, prior to termination, upon an extension of
time.
4. Administrators. Each party to this Agreement shall designate an
individual (an "Administrator") who may be designated by title or position, to oversee
and administer such party's participation in this Agreement. The parties' initial
Administrators shall be the following:
Countv's Initial Administrator
Tom Teigen, Director
Snohomish County Parks and
Recreation
6705 Puget Park Drive
Snohomish, WA 98296
Citv's Initial Administrator:
Angie Feser, Director
City of Edmonds Parks, Recreation &
Human Services Dept.
700 Main Street
Edmonds, WA 98020
Either party may change its Administrator at any time by delivering written
notice of such party's new Administrator to the other party.
5. Duties of the City to Acquire, Operate, Maintain and Conserve. The City
shall:
5.1 Acquire the Property either before or within twenty-four (24) months of
the Effective Date of this Agreement and upon closing maintain, operate and conserve
the Property for open space and passive park purposes. The City shall undertake all
Interlocal Cooperation Agreement between Snohomish County and City of Edmonds
Concerning Acquisition of Property with Conservation Futures Funds Page 2 of 9
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2.1.a
reasonable efforts to acquire the Property but if the owner of is not a willing seller, the
City shall not utilize the power of eminent domain to acquire the Property.
5.2 Immediately following acquisition of the Property, execute and record
an instrument conveying a Conservation Easement for the Property to the County in
substantially the form attached hereto as Exhibit B (the "Conservation Easement").
5.3 Submit an annual report to the County on February 1 of each subsequent
year detailing compliance with all on -going requirements of this Agreement.
5.4 Forward a copy of the recorded deed conveying the Property and a copy
of the executed Conservation Easement for the Property to the County as soon as the
same are returned from the Snohomish County Auditor.
5.5 Provide an identifying sign, the size and design of which shall be approved
by the Snohomish County Department of Parks and Recreation, at the entrance to the
Property which shall be in plain sight in perpetuity, listing the County as a participant in
the acquisition of the Property through the Snohomish County Conservation Futures
Program.
5.6 Fund any improvements that are made to the Property from revenue
sources other than Conservation Futures Program Funds and limit any such
improvements to those that meet the requirements and intent of RCW 84.34.200 et. seq.
and the Conservation Easement.
5.7 Submit to the County a long-term maintenance plan for the Property and
any improvements within three (3) months of the completed Property acquisition.
5.8 Provide the County with forty-five (45) days' written notice prior to any
subsequent conveyance of the Property. Execute and record any and all necessary
documents, as the County requires, to ensure the continuing validity and enforceability
of the Conservation Easement regardless of the status of the transferee.
Additionally, pay to the County, upon sale of any of the City's interest in the
Property, or any portion thereof, a pro rata share of any consideration received, less the
costs of improvements funded by the City. The pro rata share will be equal to the
percentage of the cost of acquisition funded by the County pursuant to this Agreement.
5.9 Pay on a current basis all taxes or assessments levied on Property -related
activities and the Property; PROVIDED, HOWEVER, that nothing contained herein will
modify the City's right to contest any such tax, and the City will not be deemed to be in
default as long as it is, in good faith, contesting the validity or amount of any such taxes.
Interlocal Cooperation Agreement between Snohomish County and City of Edmonds
Concerning Acquisition of Property with Conservation Futures Funds Page 3 of 9
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2.1.a
5.10 Obtain and maintain, at its own costs and expense, all necessary permits,
licenses and approvals related to the purchase, ownership, and on -going maintenance
and management of the Property.
6. Payment from the County. The County shall provide financial assistance to
the City in the amount of up to $879,375 from the Conservation Futures Fund for the
acquisition of the Property. Payment shall be made within Thirty (30) days of County
receipt of a City invoice submitted with documentation of imminent purchase of the
Property and transfer of title, provided the City has complied with all of the terms of this
Agreement. In no event shall the County be obligated to provide any payment to the
City in excess of the actual purchase price of the Property. Any obligations of the County
beyond the current fiscal year are subject to appropriation of funds for the specific
purpose of funding this Agreement in accordance with its Charter and applicable law.
7. Compliance with Laws. The parties shall comply with all applicable federal,
state and local laws, rules and regulations in performing this Agreement, including, but
not limited to, laws against discrimination.
8. Records, Inspections and Audits. The City will keep such full and detailed
accounts as may be necessary for proper financial management under this Agreement.
The County may, at its sole discretion, from time to time whether before or after
acquisition of the Property or termination of this Agreement inspect all books and
records and other materials related to any matters covered by this Agreement and not
otherwise privileged, belonging to the City or any contractor or to elect to have an audit
conducted to verify acquisition -related costs through the date of the acquisition, income
from the Property, maintenance and operation costs, and the cost of post -acquisition
improvements. Such books, records and other materials shall be made available for
County inspection during regular business hours within a reasonable time of the request.
If the County elects to conduct such an audit, it will give notice to the City, and such audit
will be conducted as soon as is reasonably feasible thereafter, but County payments to
the City (if any) will not be delayed pending the outcome of the audit. Such audit will be
conducted by an auditor selected by the County, and the County will, except as provided
herein, pay the cost of such audit. The City agrees to cooperate with the auditor and to
make available for examination at its principal office all of its books, records,
correspondence and other documents deemed necessary to conduct the audit by the
auditor. If the audit reveals a variation equal to five percent (5%) or more of the cost of
acquiring the Property, then the City will pay the cost of the audit, not to exceed Ten
Thousand and 00/100 Dollars ($10,000.00).
The City will preserve all records for a period of seven (7) years; PROVIDED, HOWEVER, that
if the City proposes to dispose of any documents materially related to the Property for a
period less than seven (7) years, then the City will deliver the same to the County for
disposition by the County.
Interlocal Cooperation Agreement between Snohomish County and City of Edmonds
Concerning Acquisition of Property with Conservation Futures Funds Page 4 of 9
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2.1.a
The County may at all times enter the Property to determine the City's compliance with
the terms and conditions of this Agreement or to post notices. Any person or persons
who may have an interest in the purposes of the County's visit may accompany the
County.
The City acknowledges and agrees that its obligations under this Section 8 will survive
termination of this Agreement.
9. Risk of Loss. All of the City's personal property of any kind or description
whatsoever, or that of its employees, agents, contractors, and/or invitees placed on the
Property shall be at the City's sole risk, and the County will not be liable for any damage
done to, or loss of, such personal property.
10. Public Records Act. This Agreement and all public records associated with
this Agreement shall be available from the County for inspection and copying by the
public where required by the Public Records Act, Chapter 42.56 RCW (the "Act"). To the
extent that public records then in the custody of the City are needed for the County to
respond to a request under the Act, as determined by the County, the City agrees to
make them promptly available to the County. If the City considers any portion of any
record provided to the County under this Agreement, whether in electronic or hard copy
form, to be protected from disclosure under law, the City shall clearly identify any
specific information that it claims to be confidential or proprietary. If the County
receives a request under the Act to inspect or copy the information so identified by the
City and the County determines that release of the information is required by the Act or
otherwise appropriate, the County's sole obligations shall be to notify the City (a) of the
request and (b) of the date that such information will be released to the requester unless
the City obtains a court order to enjoin that disclosure pursuant to RCW 42.56.540. If
the City fails to timely obtain a court order enjoining disclosure, the County will release
the requested information on the date specified.
The County has, and by this section assumes, no obligation on behalf of the City to claim
any exemption from disclosure under the Act. The County shall not be liable to the City
for releasing records not clearly identified by the City as confidential or proprietary. The
County shall not be liable to the City for any records that the County releases in
compliance with this Section or in compliance with an order of a court of competent
jurisdiction.
11. Hold Harmless and Indemnification. The City shall assume the risk of, be
liable for, and pay all damage, loss, costs and expense of any party arising out of the
activities under this Agreement and all use of any improvements it may place on the
Property. The City shall hold harmless, indemnify and defend the County, its officers,
elected and appointed officials, employees and agents from and against all claims, losses,
lawsuits, actions, counsel fees, litigation costs, expenses, damages, judgments, or
decrees by reason of damage to any property or business and/or any death, injury or
Interlocal Cooperation Agreement between Snohomish County and City of Edmonds
Concerning Acquisition of Property with Conservation Futures Funds Page 5 of 9
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2.1.a
disability to or of any person or party, including but not limited to any employee, arising
out of or suffered, directly or indirectly, by reason of or in connection with the acquisition
or use of the Properties and this Agreement; PROVIDED, that the above indemnification
does not apply to those damages caused by the sole negligence or willful misconduct of
the County, its elected and appointed officials, officers, employees or agents.
In executing this Agreement, the County does not assume liability or
responsibility for or in any way release the City from any liability or responsibility which
arises in whole or in part from the existence or effect of City ordinances, policies, rules
or regulations. If any cause, claim, suit, action or administrative proceeding is
commenced in which the enforceability and/or validity of any such City ordinance, policy,
rule or regulation is at issue, the City shall defend the same at its sole expense and, if
judgment is entered or damages are awarded against the City, the County, or both, the
City shall satisfy the same, including all chargeable costs and reasonable attorney's fees.
12. Dispute Resolution. The Parties agree to use their best efforts to resolve
disputes and other matters arising out of this Agreement or the ongoing administration
of this Agreement. If a dispute arises, then (i) within ten (10) business days of a written
request by either Party, the City's designated representative and County's designated
representative shall meet and resolve the issue; if these parties cannot resolve the issue
within ten (10) business days of the meeting, then (ii) the issue shall be submitted to the
City's Mayor and to the Director of the Snohomish County Department of Parks and
Recreation; if these parties cannot resolve the issue within fifteen (15) business days of
submission to them, then (iii) the issue shall be submitted for mediation; if mediation does
not successfully resolve the dispute, then (iv) either Party may file suit in a court of
competent jurisdiction. The prevailing party in any legal action shall be entitled to a
reasonable attorneys' fee and court costs.
13. Notice. All notices required to be given by any party to the other party
under this Agreement shall be in writing and shall be delivered either in person, by
United States mail, or by electronic mail (email) to the applicable Administrator or
Administrator's designee. Notice delivered in person shall be deemed given when
accepted by the recipient. Notice by United States mail shall be deemed given as of the
date the same is deposited in the United States mail, postage prepaid, and addressed to
the Administrator or Administrator's designee at the addresses set forth in Section 4
above. Notice delivered by email shall be deemed given as of the date and time received
by the recipient.
14. Miscellaneous.
14.1. Entire Agreement; Amendments. This Agreement shall constitute the full
and complete Agreement of the parties regarding the subject matter hereof, and
supersedes any and all prior oral or written agreements between the parties regarding
the subject matter contained herein. This Agreement may be amended only by written
Interlocal Cooperation Agreement between Snohomish County and City of Edmonds
Concerning Acquisition of Property with Conservation Futures Funds Page 6 of 9
Packet Pg. 9
2.1.a
agreement of the parties, executed in the same manner as provided by the Interlocal
Cooperation Act, Chapter 39.34 RCW, governing the execution of this Agreement.
14.2. Interpretation. This Agreement and each of the terms and provisions of it
are deemed to have been explicitly negotiated by the parties, and the language in all
parts of this Agreement shall, in all cases, be construed according to its fair meaning and
not strictly for or against either of the parties hereto. The captions and headings in this
Agreement are used only for convenience and are not intended to affect the
interpretation of the provisions of this Agreement. This Agreement shall be construed so
that wherever applicable the use of the singular number shall include the plural number,
and vice versa, and the use of any gender shall be applicable to all genders.
14.3. Governing Law and Stipulation of Venue. This Agreement shall be
governed by the laws of the State of Washington and the parties stipulate that any
lawsuit regarding this Agreement must be brought in Snohomish County, Washington.
In the event that a lawsuit is instituted to enforce any provision of this Agreement, the
prevailing party shall be entitled to recover all costs of such a lawsuit, including
reasonable attorney's fees.
14.4. Rights and Remedies. The rights and remedies of the Parties to this
Agreement are in addition to any other rights and remedies provided by law except as
otherwise provided in this Agreement.
14.5. No Third Party Rights. It is understood and agreed that this Agreement is
solely for the benefit of the Parties hereto and gives no right to any other party. Nothing
in this Agreement, whether express or implied, is intended to confer any rights or
remedies under, or by reason of, this Agreement on any persons other than the Parties.
14.6. Binding on Successors. All of the terms, provisions and conditions of this
Agreement will be binding upon and inure to the benefit of the Parties hereto and their
respective successors, permitted assigns and legal representatives.
14.7. No Waiver. Payment by the County under this Agreement shall not
constitute a waiver by the County of any claims it may have against the City for any
breach of this Agreement or for failure of City to perform the work or actions, as specified
in this Agreement. Forbearance of the rights of the parties under this Agreement will
not constitute waiver of entitlement to exercise their respective rights as to any future
acts or omissions by the offending party.
14.8. No Employee Relationship. In performing work and services pursuant to
this Agreement, the City, its, employees, consultants, agents, and representatives shall
be acting as agents of the City and shall not be deemed or construed to be employees or
agents of the County in any manner whatsoever. The City shall not hold itself out as, nor
claim to be, an officer or employee of the County and will not make any claim, demand,
Interlocal Cooperation Agreement between Snohomish County and City of Edmonds
Concerning Acquisition of Property with Conservation Futures Funds Page 7 of 9
Packet Pg. 10
2.1.a
or application to or for any right or privilege applicable to an officer or employee of
County. The City shall be solely responsible for any claims for wages or compensation by
the City's employees, consultants, agents, and representatives, including sub -
consultants, or any agency, and shall defend, indemnify and hold County harmless
therefrom.
14.9 Conflicts between Attachments and Text. Should any conflicts exist
between any attached exhibit or schedule and the text or main body of this Agreement,
the text or main body of this Agreement shall prevail.
14.10 Execution in Counterparts. This Agreement may be executed in two or
more counterparts, each of which shall constitute an original and all of which shall
constitute one and the same Agreement.
14.11 Severability. If any provision of this Agreement or the application thereof
to any person or circumstance shall, for any reason and to any extent, be found invalid
or unenforceable, the remainder of this Agreement and the application of that provision
to other persons or circumstances shall not be affected thereby, but shall instead
continue in full force and effect, to the extent permitted by law.
14.12 No Assignment. This Agreement shall not be assigned, either in whole or
in part, by either party without the express written consent of the other party, which
may be granted or withheld in such party's sole discretion. Any attempt to assign this
Agreement in violation of the preceding sentence shall be null and void and shall
constitute a Default under this Agreement.
14.13 Warranty of Authority. Each of the signatories hereto warrants and
represents that he or she is competent and authorized to enter into this Agreement on
behalf of the party for whom he or she purports to sign this Agreement.
14.14 No Joint Venture. Nothing contained in this Agreement shall be construed
as creating any type or manner of partnership, joint venture or other joint enterprise
between the parties.
14.15 No Separate Entity Necessary. The parties agree that no separate legal
or administrative entities are necessary to carry out this Agreement.
14.16 Ownership of Property. Except as expressly provided to the contrary in
this Agreement, any real or personal property used or acquired by either party in
connection with its performance under this Agreement will remain the sole property of
such party, and the other party shall have no interest therein.
Interlocal Cooperation Agreement between Snohomish County and City of Edmonds
Concerning Acquisition of Property with Conservation Futures Funds Page 8 of 9
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2.1.a
14.17. Execution in Counterparts. This Agreement may be executed in two or
more counterparts, each of which shall constitute an original and all of which shall
constitute one and the same agreement.
EXECUTED this day of , 2024
SNOHOMISH COUNTY: CITY OF EDMONDS:
Dave Somers Date Mike Rosen
Snohomish County Executive Mayor
APPROVED AS TO FORM: Attest/Authenticated:
Rebecca J. Digitally signed by
Rebecca J. Guadamud
Guadamud Date:202''2
13:03:11-070000
Deputy Prosecuting Attorney Date Scott Passey, City Clerk
APPROVED AS TO FORM:
Date
Office of the City Attorney Date
Interlocal Cooperation Agreement between Snohomish County and City of Edmonds
Concerning Acquisition of Property with Conservation Futures Funds Page 9 of 9
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2.1.a
EXHIBIT A
Legal Description
Fee Simple Acquisition
LEGAL DESCRIPTION OF PROPERTY SUBJECT TO CONSERVATION EASEMENT
Gerald and Evelyn Mee Property #1
AP N/Pa rce I I D : 00491100000805
(West parcel) LAKE MC ALEER 5 ACRE TRACTS BLK 000 D-05 - N 155FT OF S 530FT OF TR 8 & N
15FT OFS 390FT OF TR 9 LESS E 10FT FOR RD SUBJ ESE PUD 1 & LESS WD 397/187 TO CITY OF
EDMONDS
ALL THAT PORTION OF TRACTS 8 AND 9, LAKE MCALEER FIVE ACRE TRACT, ACCORDING TO PLAT
THEREOF
RECORDED IN VOLUME 5 OF PLATS PAGE 48, RECORDS OF SAID COUNTY, DESCRIBED AS
FOLLOWS:
BEGINNING AT A POINT 375 FEET NORTH OF THE SOUTHEAST CORNER OF SAID TRACT 9;
THENCE NORTH 15 FEET; THENCE NORTH TO WEST LINE OF TRACT 9; THENCE NORTH ALONG
SAID WEST LINE OF TRACT 9, 140 FEET;THENCE WEST TO EAST LINE OF RIGHT-OF-WAY OF
SEATTLE EVERETT INTERURBAN RAILWAY; THENCE SOUTHWESTERLY ALONG SAD RIGHT-OF-
WAY TO WEST LINE OF TRACT 8; THENCE SOUTH ALONG SAID WEST LINE OF TRACT 8 TO A
POINT WEST OF POINT OF BEGINNING; THENCE EAST TO POINT OF BEGINNING
EXCEPT COUNTY ROAD ON EAST SIDE TOGETHER WITH THAT PORTION OF TRACT 9, MCALEER
FIVE ACRE TRACTS, RECORDED IN VOLUME 5 OF PLATS, PAGE 48, DESCRIBED AS FOLLOWS;
BEGINNING AT A POINT NORTH 2°32'33" WEST 530 FEET FROM THE SOUTH EAST CORNER OF
SAID TRACT 9; THENCE SOUTH 88°06'2" WEST 300.14 FEET TO A POINT WHICH IS THE TRUE
POINT OF BEGINNING; THENCE SOUTH 2°34'26" EAST 140 FEET; THENCE SOUTH 88°06'02"
WEST 32 FEET; THENCE NORTH 2°34'26" WEST 140 FEET; THENCE NORTH 88°06'02" EAST 32
FEET TO THE TRUE POINT OF BEGINNING
SITUATE IN THE COUNTY OF SNOHOMISH, STATE OF WASHINGTON.
Interlocal Cooperation Agreement between Snohomish County and City of Edmonds
Concerning Acquisition of Property with Conservation Futures Funds Page 10 of 22
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2.1.a
Gerald and Evelyn Mee Property # 2
APN/Parcel ID: None assigned
LAKE MC ALEER 5 ACRE TRACTS BLK 000 D-04 - W 31.44FT OF N 140FT OF S 530FT
LOT 9 THAT PORTION OF TRACT 9, MCALEER FIVE ACRE TRACTS, RECORDED IN VOLUME 5 OF
PLATS, PAGE 48, DESCRIBED AS FOLLOWS;
BEGINNING AT A POINT NORTH 2°32'33" WEST 530 FEET FROM THE SOUTHEAST CORNER OF
SAID TRACT 9;
THENCE SOUTH 88°06'2" WEST 300.14 FEET TO A POINT WHICH IS THE TRUE POINT OF
BEGINNING;
THENCE SOUTH 2°34'26" EAST 140 FEET;
THENCE SOUTH 88°06'02" WEST 32 FEET;
THENCE NORTH 2°34'26" WEST 140 FEET;
THENCE NORTH 88°06'02" EAST 32 FEET TO THE TRUE POINT OF BEGINNING.
SITUATE IN THE COUNTY OF SNOHOMISH, STATE OF WASHINGTON.
Interlocal Cooperation Agreement between Snohomish County and City of Edmonds
Concerning Acquisition of Property with Conservation Futures Funds Page 11 of 22
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2.1.a
Conservation Easement
Interlocal Cooperation Agreement between Snohomish County and City of Edmonds
Concerning Acquisition of Property with Conservation Futures Funds Page 12 of 22
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2.1.a
After Recording Return to:
Assistant Clerk
Snohomish County Council
3000 Rockefeller Avenue MS 609
Everett, WA 98201
GRANT OF CONSERVATION EASEMENT
Grantor: City of Edmonds, a municipal corporation of the State of Washington
Grantee: Snohomish County, a political subdivision of the State of Washington
Legal: (West Parcel 1) LAKE MC ALEER 5 ACRE TRACTS BILK 000 D-05 - N 155FT OF S
530FT OF TR 8 & N 15FT OFS 390FT OF TR 9 LESS E 10FT FOR RD SUBJ ESE PUD 1 & LESS WD
397/187 TO CITY OF EDMONDS; And (East Parcel 2) LAKE MC ALEER 5 ACRE TRACTS BILK 000 D-
04 - W 31.44FT OF N 140FT OF S 530FT LOT 9 THAT PORTION OF TRACT 9, MCALEER FIVE ACRE
TRACTS, RECORDED IN VOLUME 5 OF PLATS, PAGE 48
Tax Parcel Nos.: West Parcel 1: 00491100000805; East Parcel 2: None assigned
This grant of a perpetual CONSERVATION EASEMENT (hereinafter "Conservation Easement") is
made this day of , 2024, by the City of Edmonds, a municipal corporation of the
State of Washington (hereinafter "Grantor"), to Snohomish County, a political subdivision of the
State of Washington (hereinafter "Grantee" or "County"), in perpetuity as holder of the
Conservation Easement pursuant to RCW 64.04.130.
RECITALS
A. Grantor is the sole owner in fee simple of the property legally described on Exhibit A,
which is attached hereto and incorporated herein by reference (the "Protected Property"),
located in Snohomish County, Washington at approximately 24024 76TH W, EDMONDS, WA
98026, and which is an assemblage of the following Snohomish County Parcels: West parcel
00491100000805 and East parcel which is described as LAKE MC ALEER 5 ACRE TRACTS BILK 000
D-04 - W 31.44FT OF N 140FT OF S 530FT LOT 9.
B. Grantor warrants that Grantor has good legal title to the Protected Property, as well as
the right to convey this Conservation Easement, and that the Protected Property is free and
clear of any encumbrances except those general exceptions contained in the title policy and any
special exceptions shown on the Preliminary Commitment that are accepted by the Grantee;
and
C. Grantor warrants that Grantor has no actual knowledge of a release or threatened
release of hazardous substances or waste on the Protected Property; and
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D. The Protected Property possesses significant long-term natural and open space values
("Conservation Values") of great importance to the people of Snohomish County for passive
recreation; and
E. This Conservation Easement is authorized by RCW 64.04.130, the provision of state law
governing conservation easements; and
F. The Grantor and the Grantee intend and have the common purpose of retaining the
Protected Property for open space and passive recreation by placing restrictions on the use of
the Protected Property, which shall continue as a servitude running with the land, and
authorizing Grantee to monitor and enforce such restrictions, as described herein; and
G. To document the present condition of the Protected Property so that Grantee or its
assigns are able to monitor future uses and assure compliance with the terms of this
Conservation Easement, Grantee has, at its expense, prepared baseline data consisting of
photographs and other documentation summarized in Exhibit B and incorporated herein by
reference as though set forth in full (the "Baseline Documentation") that the parties agree
provide an accurate representation of the Protected Property as of the date of this
Conservation Easement; and
H. Snohomish County, as the Grantee of this Conservation Easement, is a qualified holder
of conservation easements under RCW 64.04.130; and
I. This Conservation Easement is being purchased with funds provided, in part, by the
County's Conservation Futures Program pursuant to RCW 84.34.200, RCW 84.34.210, RCW
84.34.220 and chapter 4.14 SCC, which authorizes Snohomish County to purchase conservation
easements for the purpose of protecting open space and timber land through restrictions on
incompatible uses of the land;
NOW, THEREFORE, for and in consideration of the above recitals and the mutual
covenants, terms, conditions, and restrictions contained herein and in payment of one dollar
($1.00) and other valuable consideration by Grantee, the receipt of which is hereby
acknowledged by Grantor, and pursuant to the laws of the State of Washington, including
chapters 64.04 and 84.34 of the Revised Code of Washington, the parties agree as follows:
I. Grant. Grantor hereby grants to the Grantee a perpetual Conservation Easement over,
under, across and through the Protected Property, as described in Exhibit A attached hereto, to
protect, preserve, maintain, improve, restore, limit future use of or otherwise conserve the
Protected Property as open space pursuant to chapter 84.34 RCW.
II. Purpose. The purpose of this Conservation Easement is to assure that the Protected
Property will be retained forever in its natural and open space condition and to prevent any use
of the Protected Property that will significantly impair or interfere with the Conservation
Values. Grantor intends that this Conservation Easement will confine the use of, or activity on,
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the Protected Property to such uses and activities that are consistent with this purpose. This
statement of purpose is intended as a substantive provision of the Conservation Easement. Any
ambiguity or uncertainty regarding the application of the provisions of this Conservation
Easement will be resolved so as to further this purpose.
III. Rights of the Grantee. Grantor hereby conveys to the Grantee all rights necessary to
accomplish the purpose of this Conservation Easement, including, without limitation, the
following:
A. The right to protect, conserve, maintain, improve and restore the Conservation
Values of the Protected Property;
B. The right to enter the Protected Property or allow Grantee's invitees or licensees
to enter, at a reasonable time and upon prior written notice to the Grantor, for the following
purposes (i) to make general inspection of the Protected Property to monitor compliance with
this Conservation Easement; (ii) to protect, preserve, maintain, improve and restore the
Conservation Values of the Protected Property; and (iii) to mitigate or terminate any violation
or otherwise enforce the provisions of this Conservation Easement.
C. The right to enjoin any use of, or activity on, the Protected Property that is
inconsistent with the purpose of this Conservation Easement, including trespasses by members
of the public, and to require the restoration of such area or features of the Protected Property
as may be damaged by uses or activities inconsistent with the provisions of this Conservation
Easement, all in accordance with Section XI.
D. The right to enforce the terms of this Conservation Easement, consistent with
Section XI.
E. The right to place a sign on the Protected Property which acknowledges this
Conservation Easement, any conditions on access, and any funding contribution to the
acquisition of the Conservation Easement.
The foregoing are rights, not obligations, and shall not create any third -party rights of
enforcement.
IV. Permitted Uses and Activities.
A. Grantor reserves to itself, and to its successors and assigns all rights accruing
from its ownership of the Protected Property, including the right to engage in or permit or
invite others to engage in all uses of the Protected Property that are not prohibited herein and
are not inconsistent with the purpose of this Conservation Easement. In the event Grantor
plans to undertake actions that could be inconsistent with the purpose of this Conservation
Easement, Grantor shall provide Grantee written notice of such intent not less than sixty (60)
days prior to the date Grantor intends to undertake the activity in question. The notice shall
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describe the nature, scope, design, location, timetable, and any other material aspect of the
proposed activity in sufficient detail to permit Grantee to make an informed judgment as to its
consistency with the purpose of this Conservation Easement. Grantee shall grant or withhold
its approval in writing within sixty (60) days of receipt of Grantor's notice. Grantee's approval
may be withheld only upon a reasonable determination by Grantee that the action proposed
would be inconsistent with the purpose of this Conservation Easement.
B. Any improvements to the Protected Property shall be limited to those which are
passive in nature and meet the requirements and intent of RCW 84.34.200-220. Passive
improvements include, but are not limited to, trails, interpretive centers, viewpoints, picnicking
facilities, access, restrooms, playgrounds and restoration projects. Active recreational
improvements are prohibited. Such improvements include, but are not limited to ball fields,
use by motorized vehicles, swimming pools, and recreation centers.
C. Nothing herein precludes the Grantor from demolishing, removing, and
remediating existing improvements on the property as of the date of this Conservation
Easement.
V. Prohibited Uses and Activities. Neither Grantor nor its licensees or invitees shall use the
Protected Property for any activity or purpose that is inconsistent with the purpose of this
Easement. Without limiting the generality of the foregoing, the following activities are
expressly prohibited in the Protected Property:
A. The placement or construction of any buildings, structures, improvements or
equipment of any kind except as permitted in subsection IV. B;
B. The continuation, creation, expansion or intensification of any use or activity
that is contrary to the purpose of this Conservation Easement or prohibited in this section;
C. Mining or extraction of soil, sand, gravel, oil, natural gas or other mineral;
D. Dumping or accumulation of trash or refuse;
E. The use of motorized vehicles except for those necessary to conduct the uses
permitted under this Conservation Easement; and
F. Any construction, expansion, repair or other development activity that would
result in more than ten percent (10%) of the area of the Protected Property being covered with
impervious surfaces, including, without limitation, asphalt, concrete, gravel, buildings, or ponds
VI. Transfer of Property. The Grantor agrees to:
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A. Incorporate the terms of this Conservation Easement by reference in any deed or
other legal instrument by which it divests itself of any interest in all or a portion of the
Protected Property, including, without limitation, leasehold interests.
B. Describe the Conservation Easement in and append it to any contract for the
transfer of any interest in the Protected Property.
C. Give written notice to the Grantee of the transfer of any interest in all or any
portion of the Protected Property no later than forty-five (45) days prior to the date of such
transfer. Such notice to the Grantee shall include the name, address and telephone number of
the prospective transferee or the prospective transferee's representative.
D. Execute and record any and all necessary documents, as required by the
Grantee, to ensure the continuing validity and enforceability of the Conservation Easement
regardless of the status of the transferee.
The failure of the Grantor to perform any act required by this subsection shall not impair
the validity of this Conservation Easement or limit its enforceability.
VII. Extinguishment. This Conservation Easement may be terminated or extinguished,
whether in whole or in part, only under one or more of the following circumstances:
A. By judicial determination, by a court having jurisdiction over the Conservation
Easement, those circumstances have rendered the purpose of this Conservation Easement
impossible to achieve.
B. In the event all or any of the Protected Property is taken by exercise of the
power of eminent domain or acquired in lieu of condemnation, whether by public, corporate or
other authority, except by the parties hereto.
VIII. Proceeds. In the event of termination or extinguishment of this Conservation Easement,
Grantee shall be compensated by Grantor for the fair market value of its interest in the
Protected Property as determined by either a real estate appraiser licensed by the State of
Washington or a court of competent jurisdiction.
IX. Transfer or Assignment of the Conservation Easement. This Conservation Easement is
transferable, but Grantee may assign its rights under this Conservation Easement only to an
agency or organization that is authorized to acquire and hold conservation easements under
RCW 64.04.130 or RCW 84.34.250, or otherwise qualified at the time of transfer under §170(h)
of the Internal Revenue Code of 1986. As a condition of such transfer, Grantee shall require that
the transferee exercise its rights under the assignment consistent with the purpose of this
Conservation Easement.
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X. Costs and Liabilities. Grantor retains all responsibilities and shall bear all costs and
liabilities of any kind related to ownership, operation, upkeep, and maintenance of the
Protected Property.
A. Taxes. Grantor shall continue to be solely responsible for payment of all taxes
and assessments levied against the Protected Property.
B. Attornevs' fees and costs for enforcement. If the Grantee commences and
successfully prosecutes an enforcement action pursuant to Section XI below, the Grantor shall
pay all reasonable costs and expenses associated with the enforcement action, including but
not limited to, reasonable attorneys' fees.
XI. Enforcement & Monitoring. Grantee shall have the authority to enforce the terms of
this Conservation Easement. To exercise this authority and thereby further the purpose of this
Conservation Easement, the Grantee shall have the following rights under this Conservation
Easement, which are subject to the stated limitations:
A. Entry onto Protected Property with Reasonable Notice. If the Grantee has
reason to believe that a violation of the terms of this Conservation Easement has occurred or is
occurring, the Grantee shall have the right to enter the Protected Property, provided that
reasonable advance notice is given to the Grantor, for the purpose of inspecting it for violations
of any requirement set forth in this Conservation Easement. Additionally, the Grantee shall
have the right to enter the Protected Property at least once a year, at a mutually agreed time,
for purposes of inspection and compliance monitoring regardless of whether Grantee has
reason to believe that a violation of this Conservation Easement exists.
B. Enforcement Mechanisms and Remedial Measures. If the Grantee finds what it
believes to be a violation of this Conservation Easement, it may, at its discretion, use any
available legal or equitable remedy to secure compliance, including but not limited to seeking
injunctive relief and/or specific performance requiring the Grantor to cease and desist all
activity in violation of the terms of this Conservation Easement and to return the Protected
Property to its condition prior to any violation(s). Except when an imminent violation could
irreversibly diminish or impair the Conservation Values of the Protected Property, the Grantee
shall give the Grantor written notice of the violation and thirty (30) days in which to take
corrective action prior to commencing any legal action. The failure of Grantee to discover a
violation or to take immediate legal action shall not bar it from doing so at a later time or
constitute a waiver of its rights. Grantee may use the Baseline Documentation as a basis for
enforcing the provisions of this Conservation Easement, but is not limited to the use of the
Baseline Documentation to show a change of conditions.
C. Emergency Enforcement. If Grantee, in its sole discretion, determines that
circumstances require immediate action to prevent or mitigate significant damages to the
Conservation Values of the Protected Property, Grantee may pursue its remedies under this
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section without prior notice to Grantor or without waiting for the period provided for cure to
expire.
D. Scope of Relief. Grantee's rights under this section apply equally in the event of
either actual or threatened violations of the terms of this Conservation Easement. Grantor
agrees that the Grantee's remedies at law for any violation of the terms of this Conservation
Easement are inadequate and that Grantee shall be entitled to the injunctive relief described in
this section, both prohibitive and mandatory, in addition to such other relief to which Grantee
may be entitled, including specific performance of the terms of this Conservation Easement,
without the necessity of proving either actual damages or the inadequacy of otherwise
available legal remedies. Grantee's remedies described in this section shall be cumulative and
shall be in addition to all remedies now or hereafter existing at law or in equity.
E. Costs of Enforcement. In the event Grantee must enforce the terms of this
Conservation Easement, any costs of restoration necessitated by acts or omissions of Grantor,
its agents, employees, contractors, invitees or licensees in violation of the terms of this
Conservation Easement and Grantee's reasonable enforcement expenses, including reasonable
attorneys' and consultants' fees and costs, shall be borne by Grantor, its successors or assigns.
F. Waiver of Defenses. Grantor acknowledges it has carefully reviewed this
Conservation Easement and has consulted or had the opportunity to consult with counsel of its
terms and requirements. In full knowledge of the provisions of this Conservation Easement,
Grantor hereby waives any claim or defense it may have against Grantee or its successors or
assigns under or pertaining to this Conservation Easement based upon waiver, laches, estoppel
or prescription.
G. Acts Beyond Grantor's Control. Nothing contained in this Conservation
Easement shall be construed to entitle the Grantee to bring any action against Grantor to
abate, correct or restore any condition in the Protected Property or to recover damages for any
injury to or change in the Protected Property resulting from causes beyond Grantor's control,
including fire, flood, storm, and earth movement or the like.
XII. Hold Harmless. Grantor hereby agrees to release and hold harmless, indemnify and
defend Grantee, its officers, elected and appointed officials, employees and agents (collectively
"Indemnified Parties") from all liabilities, penalties, costs, losses, damages, expenses, causes of
action, claims, demands or judgments, including, without limitation, reasonable attorneys' and
consultants' fees arising from or in any way connected with:
A. Injury to or the death of any person, or physical damage to any property,
resulting from any act, omission, condition or other matter related to or occurring on or about
the Protected Property that is not a consequence of an activity of the Indemnified Parties
undertaken under the rights granted to Grantee under this Conservation Easement;
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B. Violations or alleged violations of, or other failure to comply with, any federal,
state or local law or regulation relating to pollutants or hazardous, toxic or dangerous
substances or materials, including without limitation CERCLA (42 U.S.C. 9601 et seq.) and MTCA
(ch. 70.105D RCW), by any person other than any of the Indemnified Parties, in any way
affecting, involving or relating to the Protected Property, unless such violations or alleged
violations are due to the sole acts or omissions of any of the Indemnified Parties on the
Protected Property;
C. The presence or release in, on, from or about the Protected Property, at any
time, of any substance now or hereafter defined, listed or otherwise classified pursuant to any
federal, state or local law, regulation or requirement of any substance hazardous, toxic or
dangerous to the air, water or soil, or in any way harmful or threatening to human health or the
environment, unless caused solely by any of the Indemnified Parties.
XIII. Recordation. Grantee shall record this instrument in the Office of the Snohomish
County Auditor and may re-record it at any time.
XIV. Notices. Any notice, demand, request, consent, approval, or communication that any
party desires or is required to give to another party under the terms of this Conservation
Easement shall be in writing and either served at or mailed to:
Grantee: Snohomish County
County Executive Office
3000 Rockefeller Avenue, M/S #407
Everett, WA 98201
Grantor: City of Edmonds
Office of the Mayor
121 5t" Avenue North
Edmonds, WA 98020
or to such other address as any party from time to time shall designate by written notice to
others.
XV. General Provisions.
A. Amendment. If circumstances arise under which an amendment to this
Conservation Easement would be appropriate, the Grantor and Grantee may jointly amend this
Conservation Easement by a written instrument to be recorded with the Snohomish County
Auditor, provided that such an amendment does not diminish the effectiveness of this
Conservation Easement in carrying out its purpose to permanently preserve and protect in
perpetuity the Conservation Values of the Protected Property.
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B. Controlling Law. The interpretation or performance of this Conservation
Easement shall be governed by the laws of the State of Washington and the Laws of the United
States. Any legal proceeding regarding this Conservation Easement shall be initiated in
Snohomish County Superior Court.
C. Interpretation. This Conservation Easement shall be interpreted to resolve any
ambiguities and questions of the validity of specific provisions to give maximum effect to its
preservation purpose, as stated in Section II, above. If the Grantor has any doubt concerning
the Conservation Easement, covenants, conditions, limitations or restrictions herein contained
with respect to any particular use of the said Protected Property, it may submit a written
request to the Grantee for consideration and approval of such use.
D. Definitions. Any masculine term used in this Conservation Easement shall
include the female gender. The terms "Grantor" and "Grantee," wherever used in this
Conservation Easement, and any pronouns used in their place, shall be held to mean and
include respectively the above -named Grantor, its successors, and assigns, and the above -
named Grantee, its successors and assigns.
Entire agreement. This Conservation Easement sets forth the entire agreement
of the parties with respect to the issues addressed herein and supersedes all prior discussions,
negotiations, understandings, or agreements relating to these issues, all of which are merged
herein.
No forfeiture. Nothing in this Conservation Easement shall result in a forfeiture
or revision of Grantor's title in any respect.
G. Successors. As stated in the above recitals, all covenants, terms, conditions, and
restrictions of this Conservation Easement shall run with the land and be binding upon, and
inure to the benefit of, the parties hereto and their respective successors and assigns.
H. Severability. If any portion of this Conservation Easement is declared unlawful or
invalid, the remainder of the Conservation Easement shall remain in full force and effect.
I. Authority of signatories. The individuals executing this Conservation Easement
warrant and represent that they are duly authorized to execute and deliver this Conservation
Easement.
J. No merger. If Grantee at some future time acquires the underlying fee title in
the Protected Property, the interest conveyed by this Conservation Easement will not merge
with fee title but will continue to exist and be managed as a separate property interest.
XVI. Environmental Compliance.
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A. Grantor represents and warrants that, after reasonable investigation and to the
best of Grantor's knowledge, Grantor and the Protected Property are in compliance with all
federal, state and local laws, regulations and requirements applicable to the Protected Property
and its use, including without limitation all federal, state and local environmental laws,
regulations and requirements.
B. Grantor further represents and warrants that there has been no release,
dumping, burying, abandonment or migration from offsite onto the Property of any substances,
materials or wastes that are hazardous, toxic, dangerous or harmful or are designated as, or
contain components that are subject to regulation as hazardous, toxic, dangerous or harmful by
any federal, state or local law, regulation, statute or ordinance. There is no pending or
threatened litigation affecting the Property or any portion of the Property that will materially
impair the Conservation Values. No civil or criminal proceedings have been instigated or are
pending against Grantor or its predecessors by government agencies or third parties arising out
of alleged violations of environmental laws, and neither Grantor nor its predecessors in interest
have received any notice of violation, penalties, claims, demand letters or other notifications
relating to a breach of environmental laws.
C. Remediation. If at any time there occurs or has occurred a release in, on or
about the Property of any substances now or hereafter defined, listed or otherwise classified
pursuant to any federal, state or local law, regulation or requirement as hazardous, toxic or
dangerous to the air, water or soil, or in any way harmful or threatening to human health or
environment, Grantor agrees to take all steps necessary to assure its containment and
remediation, including any cleanup that may be required, unless the release was caused by the
Grantee, in which case Grantee shall be responsible for remediation.
TO HAVE AND TO HOLD unto GRANTEE SNOHOMISH COUNTY, its respective successors and
assigns forever.
IN WITNESS WHEREOF the parties have, by their authorized officers, set their own hands as of
the day and year first stated above.
GRANTOR:
CITY OF EDMONDS
Mike Rosen, Mayor
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STATE OF WASHINGTON )
ss.
COUNTY OF SNOHOMISH )
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; on oath stated that (he/she) was authorized to execute
the instrument; and acknowledged it, as the Mayor of the City of Edmonds, the free and
voluntary act of such party for the uses and purposes mentioned in the instrument.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal this
day of , 202_.
Printed Name:
NOTARY PUBLIC in and for the State of
Washington, residing at
My Commission Expires:
Attest/Authenticated:
Scott Passey, City Clerk
/9»:A3VIIII7_1,lfEel lei INul
Office of the City Attorney Date
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ACCEPTED BY GRANTEE:
On , the Snohomish County Council adopted Motion authorizing the
County Executive to accept the Conservation Easement, pursuant to RCW 64.04.130.
GRANTEE:
SNOHOMISH COUNTY
JIM
Dave Somers
Snohomish County Executive
STATE OF WASHINGTON )
ss.
COUNTY OF SNOHOMISH )
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; on oath stated that (he/she) was
authorized to execute the instrument; and acknowledged it, as the of
Snohomish County, the free and voluntary act of such party for the uses and purposes
mentioned in the instrument.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal this
day of , 202_.
Printed Name:
NOTARY PUBLIC in and for the State of
Washington, residing at
My Commission Expires:
APPROVED AS TO FORM:
Deputy Prosecuting Attorney Date
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EXHIBIT A
LEGAL DESCRIPTION OF PROPERTY SUBJECT TO CONSERVATION EASEMENT
Gerald and Evelyn Mee Property #1
AP N/Pa rce I I D : 00491100000805
(West parcel) LAKE MC ALEER 5 ACRE TRACTS BLK 000 D-05 - N 155FT OF S 530FT OF TR 8 & N
15FT OFS 390FT OF TR 9 LESS E 10FT FOR RD SUBJ ESE PUD 1 & LESS WD 397/187 TO CITY OF
EDMONDS
ALL THAT PORTION OF TRACTS 8 AND 9, LAKE MCALEER FIVE ACRE TRACT, ACCORDING TO PLAT
THEREOF
RECORDED IN VOLUME 5 OF PLATS PAGE 48, RECORDS OF SAID COUNTY, DESCRIBED AS
FOLLOWS:
BEGINNING AT A POINT 375 FEET NORTH OF THE SOUTHEAST CORNER OF SAID TRACT 9;
THENCE NORTH 15 FEET; THENCE NORTH TO WEST LINE OF TRACT 9; THENCE NORTH ALONG
SAID WEST LINE OF TRACT 9, 140 FEET;THENCE WEST TO EAST LINE OF RIGHT-OF-WAY OF
SEATTLE EVERETT INTERURBAN RAILWAY; THENCE SOUTHWESTERLY ALONG SAD RIGHT-OF-
WAY TO WEST LINE OF TRACT 8; THENCE SOUTH ALONG SAID WEST LINE OF TRACT 8 TO A
POINT WEST OF POINT OF BEGINNING; THENCE EAST TO POINT OF BEGINNING
EXCEPT COUNTY ROAD ON EAST SIDE TOGETHER WITH THAT PORTION OF TRACT 9, MCALEER
FIVE ACRE TRACTS, RECORDED IN VOLUME 5 OF PLATS, PAGE 48, DESCRIBED AS FOLLOWS;
BEGINNING AT A POINT NORTH 2°32'33" WEST 530 FEET FROM THE SOUTH EAST CORNER OF
SAID TRACT 9; THENCE SOUTH 88°06'2" WEST 300.14 FEET TO A POINT WHICH IS THE TRUE
POINT OF BEGINNING; THENCE SOUTH 2°34'26" EAST 140 FEET; THENCE SOUTH 88°06'02"
WEST 32 FEET; THENCE NORTH 2°34'26" WEST 140 FEET; THENCE NORTH 88°06'02" EAST 32
FEET TO THE TRUE POINT OF BEGINNING
SITUATE IN THE COUNTY OF SNOHOMISH, STATE OF WASHINGTON.
Gerald and Evelyn Mee Property #2
APN/Parcel ID: No ID
LAKE MC ALEER 5 ACRE TRACTS BILK 000 D-04 - W 31.44FT OF N 140FT OF S 530FT
LOT 9
THAT PORTION OF TRACT 9, MCALEER FIVE ACRE TRACTS, RECORDED IN VOLUME 5 OF PLATS,
PAGE 48, DESCRIBED AS FOLLOWS;
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BEGINNING AT A POINT NORTH 2°32'33" WEST 530 FEET FROM THE SOUTHEAST CORNER OF
SAID TRACT 9;
THENCE SOUTH 88°06'2" WEST 300.14 FEET TO A POINT WHICH IS THE TRUE POINT OF
BEGINNING;
THENCE SOUTH 2°34'26"
EAST 140 FEET;
THENCE SOUTH 88°06'02"
WEST 32 FEET;
THENCE NORTH 2°34'26"
WEST 140 FEET;
THENCE NORTH 88°06'02"
EAST 32 FEET TO THE TRUE POINT OF BEGINNING.
SITUATE IN THE COUNTY OF SNOHOMISH, STATE OF WASHINGTON.
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EXHIBIT B
BASELINE SITE ASSESSMENT
CURRENT CONDITIONS
Please describe the current conditions of the site at the time of acquisition. If a descriptor below
does not apply, then indicate "Not Applicable". Please include a description of:
I. PROPERTY DATA
A. Structures (residential, commercial, agricultural, historic)
One house and two small outbuildings in poor condition. Intent is to demolish all
of the structures within two years.
B. Access Roads and/or Road Frontage
Access to the property is a driveway from 76th Avenue and no other road frontage.
C. Percentage & Type of Impervious Surfaces (note: gravel is considered
impervious) N/A
D. Utilities (power, water, gas, sewer/septic, storm water)
There is power, water, and sewer utilities on this property.
E. Other Site Improvements
None
F. Easements (road, utility, trail, agricultural, other)
1. Easement(s) for the purpose(s) shown below and rights incidental thereto, as
granted in a document:
Grantee: Puget Sound Power & Light Company
Purpose: Electric transmission and/or distribution line
Recording No.: 925030
Affects: Portion of Said premises as now located or as hereafter may be relocated
or extended by
mutual consent of the parties hereto
2. Easement(s) for the purpose(s) shown below and rights incidental thereto, as
granted in a document:
Granted to: City of Edmonds
Purpose: Sewer
Recording Date: January 23, 1963
Interlocal Cooperation Agreement between Snohomish County and City of Edmonds
Concerning Acquisition of Property with Conservation Futures Funds Page 28 of 22
Packet Pg. 31
2.1.a
Recording No.: 1588258
Affects: Portion of Tract 9 in Parcel A
3. Easement(s) for the purpose(s) shown below and rights incidental thereto, as
granted in a document:
Granted to: City of Edmonds
Purpose: Cuts, slopes and fills
Recording Date: March 20, 1970
Recording No.: 2138210
Affects: Portion of Tract 9 in Parcel A
G. Present Use/Proposed Future Use(s)
Currently, the house and outbuildings are secured and the property is temporarily
fenced off from adjacent existing park property. After built structures are
demolished and the site is secure and deemed appropriate for public access, the
temporary fencing will be removed and the property will be considered open
space. Later, the property will be subject to a Master Planning process to
determine how to best integrate the property with the adjacent park and provide
any eligible amenities supporting public access.
H. Mineral Rights and/or Water Rights Held by Property Owner and/or Others
None
I. Critical Areas
None identified
Existing Critical Areas Protection Areas and/or Native Growth Protection Areas
(attach a copy of any documentation, e.g. Critical Areas Site Plan)
None
K. Historic Site Features (Other than Structures)
None
II. GRAPHIC DOCUMENATION OF CURRENT SITE CONDITIONS
Please attach documents for items A — D.
A. High resolution aerial photo showing outline of acquisition area.
B. Ground photos of existing site features of significance
C. Site map. Map should note location of features identified above (A - F), including
impervious areas.
D. Property boundary survey, if partial acquisition.
Interlocal Cooperation Agreement between Snohomish County and City of Edmonds
Concerning Acquisition of Property with Conservation Futures Funds Page 29 of 22
Packet Pg. 32
2.1.a
Mee Property: Aerial and Property Line
Interlocal Cooperation Agreement between Snohomish County and City of Edmonds
Concerning Acquisition of Property with Conservation Futures Funds Page 30 of 22
Packet Pg. 33
2.1.a
Mee Property: Site Photos
%
Figure 1 - Sequoia that is 6' across at DBH. One of
many specimen and mature trees on the property
Interlocal Cooperation Agreement between Snohomish County and City of Edmonds
Concerning Acquisition of Property with Conservation Futures Funds Page 31 of 22
Packet Pg. 34
2.1.a
Mee Property: Basic Site Map
�� r
9gaGa ROBRRT Z TRUATAS ADDITION M. 10
IN W CORNER TRACT 9 326.054' (R4) c� w
70 EAST LINE R.OW) �� M-05: (0) Y
_ 326.06(CALL. TO EAST ROW LINE) IV
y 1D - - S88V4'42"E 331.82' (CALL TO NW COR. TRACT 9)
N.W. CORNER 331.58(P)
TRACT 9) c�i 33I.82 (R2)o
331.67- (R3)
"pf�� TPN 00491100000903 LAKE McALllER �s`&•� /�J
ld��„ty �p�" \ FOUND 3/4" IRON PIPE
JC `I01 S {N I ON PROPERTY LINE
FOUND 1/2" REBAR AND CAP �� 3
<B� \ 0 LS 11390, LIES 0.J'f N.E. OF H
CALCULATED CORNER POSITION
-FENCE LIES 0.9.+ NORTH OF CORNER
�� �. fat• 109.89' ,-- L----- N88'44'14"W 300.14' ----
>-
N8n4'42'w P.O.B. 9------- --
N8844'14W .°�.
5 ACRE TRACTS 30. 10
10
UtF 8 NouSE 'v3 TPN 00491100000907 1PN 00491700000906 IPN 0491100000905 3
09 z °p FOUND 112E REBAR AND CAP, LS 71390 P�
E1� ��,'�(, AT PROPERTY CORNER POSITION FENCE LIES Si'T, Q u
SEMI-ATFACHED -J- 52 I.84N X O.B'fE OF FOUND PROPERTY CORNER
Cyy GARAGE $ � v� FOUND 1/2- REBAR
yrC'15 VOL 5 FC. 48 g 'qb., i Y WITH SMASHED CAP
a :o ON PROPERTY LINE Z Y & z
SSA!'• MN OD491100000805 �' M 6' WOOD FENCE
4' CHAIN LINK FENCE o `"' i 3 �6' WOOD FENCE 270.09'
c 35' ROOD FENCE -
-ON LINE 240TH PL SW NBB'44'14"W 331.66' -
_ - 630.81'
N EYY END FENCE S88'44WE 660.81' `
M IPN 00491100000003
y TPN 00497100000801 TPN 00491100000806
C0.5 E.P. APN 7WHON4 15' ACCESS AND UTILITY EASEMENT ll'N 00491IMMM 908
NSEWER
PER AFN 7901710214 FOUND I/2" REBAR EASEMENT g
IPN 004911000DO910 I TPN W491100L10 M ON PROPERTY LINE PER AFN 1588258
331.52' (C) 331.46 (P) J31.52 (R2) — . _— - -M O ' a 7
N88'44'14"W 828.79' (.
FOUND MONUMENT IN CASE 628. n (�3 242ND ST SW _ - -'
1.5E BRASS DISK, WITH X FOUND MONUMENT IN CASE
1.0'f DEEM 0110512024 2.5' BRASS DISH WITH 'PUNCH'
DOWN 0.6±, 0110512024
LEGEND
B FOUND MONUMENT AS NOTED
BOUNDARY UNE
TPN TAX PARCEL NUMBER
(D CALCULATED MONUMENT POSITION
ROAD CENTERLINE
AFN AUDITOR'S FILE NUMBER
O FOUND REBAR / IRON PIPE AS NOTED
RIGHT OF WAY UNE
ROW RIGHT OF WAY
4 UTILITY POLE
PARCEL LINE
RDS RECORD OF SURVEY
L- GUY ANCHOR
TRACT LINE
C.O.E. SP. CITY OF EDMONDS SHORT PLAT
O CHAIN LINK FENCE
(RI) PER SURVEY REFERENCE NUMBER.
WOOD FENCE
(P) PER PLAT
-PIP- OVERHEAD POWER UNE
(C) CALCULATED
DISTANCE AND DIRECTION OF
(M) MEASURED
- FEATURE FROM PROPERTY LINE
RAD RADIAL UNE
Interlocal Cooperation Agreement between Snohomish County and City of Edmonds
Concerning Acquisition of Property with Conservation Futures Funds
Page 1 of 1
Packet Pg. 35
2.2
City Council Agenda Item
Meeting Date: 04/9/2024
2023 Transportation Impact Fee Annual Report
Staff Lead: Rob English
Department: Engineering
Preparer: Emiko Rodarte
Background/History
Staff Recommendation
Forward item to the consent agenda for information at the City Council meeting on April 16, 2024.
Narrative
In 2004, the City authorized the collection of Transportation Impact Fees to help pay for transportation
projects that are needed to serve new growth and development. Pursuant to Section 3.36.080(C) of the
Edmonds City Code (ECC), Attachment 1 is an accounting of the Transportation Impact Fee Fund for
2023. The City collected a total of $323,573 in transportation impact fees during 2023. These revenues
combined with the earned interest of $74,640 and the 2023 beginning fund balance of $2,280,814
resulted in a total available funding of $2,679,027.
On the expense side and in accordance with section 3.36.100 of the ECC, the transportation impact fee
fund paid $21,388.23 for the annual debt service to the Public Works Trust Fund (PWTF) for the 220th
Street SW Improvements Project and $35,976.01 for the local match on the design work completed in
2023 on the 76th Ave/220th St. Intersection Improvement Project.
Attachments:
Attachment 1 - 2023 Transportation Impact Fee Report
Packet Pg. 36
2.2.a
2023 Transportation Impact Fee Receipts and Funds Transfer
Transportation Impact Fee Fund Account Number: 112.502.345.86.000.00
RECEIPTS
Owner/Applicant
Fee Collected
Permit
Receipt
Previous
New
with Building
Date
Number
Number
Site Address
ITE Land Use
ITE Land Use
Notes
Permit
Fee Amount
02/18/2023 BLD2021-0809 R26544
Quantum Homes, LLC
vacant
SFR
X
$6,249.14
7903 240th St. SW
02/18/2023 BLD2021-0811 R26543
Quantum Homes, LLC
vacant
SFR
X
$6,249.14
7905 240th St. SW
02/18/2023 BLD2021-0812 R26542
Quantum Homes, LLC
vacant
SFR
X
$6,249.14
7907 240th St. SW
02/22/2023 BLD2022-1092 R26614
Select Homes Inc.
vacant
SFR
X
$6,249.14
19512 88th Ave. W
02/22/2023 BLD2022-1105 R26614
Select Homes Inc.
vacant
SFR
X
$6,249.14
19510 88th Ave. W
03/27/2023 BLD2021-0810 R27368
Quantum Homes, LLC
vacant
SFR
X
$6,249.14
7901 240th St. SW
04/12/2023 BLD2022-1276 R27790
Konasiewicz
duplex
triplex
New studio apartment
X
$4,092.36
above garage.
7606 206th St. SW
04/14/2023 PLN2021-0034 R27875
Herzer
SFR
SFR
SFR fee collected with
$6,249.14
subdivision as SFR was
already built, but creation of
lot is new. No separate
building permit required.
16209 74th Pl. W
06/15/2023
06/21/2023 BLD2022-0439 R29470
Angle
vacant
SFR
X
$6,249.14
15724 72nd Ave. W
07/27/2023 BLD2022-1319 R30275
Housing Hope
vacant
affordable
52 affordable housing
X
$29,131.11
housing
apartment units and 1,228
sq. ft. general office.
8215 236th St. SW
08/15/2023 BLD2022-0746 R30703
Select Homes Inc.
vacant
SFR
X
$6,249.14
8929 220th St. SW
08/16/2023 BLD2023-0292 R30709
Select Homes Inc.
vacant
SFR
X
$6,249.14
8923 220th St. SW
08/17/2023 BLD2023-0072 R30779
Pacific Ridge DRH, LLC
vacant
SFR
X
$6,249.14
23904 91 st PI. W
08/17/2023 BLD2023-0253 R30780
Pacific Ridge DRH, LLC
vacant
SFR
X
$6,249.14
23906 91 st Pl. W
08/17/2023 BLD2023-0254 R30781
Pacific Ridge DRH, LLC
vacant
SFR
X
$6,249.14
23910 91 st Pl. W
08/17/2023 BLD2023-0255 R30778
Pacific Ridge DRH, LLC
vacant
SFR
X
$6,249.14
23903 91 st Pl. W
08/22/2023 BLD2023-0504 R30851
vacant
SFR
X
$6,249.14
23901 91st Pl. W
08/22/2023 BLD2023-0510 R30850
Pacific Ridge DRH, LLC
vacant
SFR
X
$6,249.14
23908 91 st PI. W
TRANSFERS
2023
N
Transaction
Amount
Cumulative LL
Fund Name
Reference
Transferred
Total V
Beginning Balance $2,280,81& Q
$2,287,063. _
O
$2,293,312.,
O
$2,299,561.1 CL
C
t4
$2,305,8 ...'
M
$2,312,059.' p
N
$2,318,309.
O
t2
tv
$2,322,401.
d
LL
r
t�
to
t2
E
$2,328,650.,
C
GJ 230098 PWTF Annual
-$21,388.23 O
Loan Payment
$2,307,262., M
O
$2,313,511. N
C
i
F-
M
$2,342,642.1 C
N
$2,348,891.
r
C
$2,355,140.'
t
$2,361,390.1 V
R
Q
$2,367,639.
C
d
$2,373,888. E
L
V
t4
$2,380,137. y
Q
$2,386,386.1_
Packet Pg. 37
2.2.a
2023 Transportation Impact Fee Receipts and Funds Transfer
Transportation Impact Fee Fund Account Number: 112.502.345.86.000.00
08/22/2023 BLD2023-0686 R30848 Pacific Ridge DRH, LLC
23907 91 st PI. W
08/29/2023 BLD2023-0685 R31016 Pacific Ridge DRH, LLC
23905 91 st Pl. W
09/01/2023 BLD2022-0989 R31102 Village Life LLC
10234 242nd PI. SW
09/14/2023 BLD2022-1279 R31330 Select Homes Inc.
741 Aloha St.
10/23/2023 BLD2023-0750 R32179 Nova Family Center
21010 76th Ave. W
11/01/2023 BLD2022-0670 R32427 Avid Landscaping
7328 210th St. SW
12/05/2023 BLD2023-1136 R33009 Kuzma's Fish Market
21104 70th Ave. W
12/1112023 BLD2023-1429 R33171 North Haven Apartments
7929 236th St. SW
12/13/2023 BLD2023-0699 R33201 Edway Taphouse
22811 100th Ave. W, A
12/28/2023 BLD2022-0412 R33544 Pine Park
614 5th Ave. S, Building C
12/31 /2023
vacant
SFR
X
$6,249.14
vacant
SFR
X
$6,249.14
vacant
SFR
X
$6,249.14
vacant
SFR
X
$6,249.14
office
daycare center
Change in use from general
X
$4,979.62
office to daycare center.
SFR
commercial
Chage in use from SFR to
X
$98, 703.06
landscape office.
Independent fee calculation.
manufacturing
specialty retail
Expansion of Kuzma's Fish
X
$8,359.30
Market specialty retail space
into space previously used
for manufacturing.
office
apartment
Converted office space to
X
$4,092.36
apartment at existing
apartment building, adding
one new unit.
specialty retail
brewery/
731 sq. ft. of space
X
$9,144.81
taphouse
converted to a brewery
taproom, while the
remaining area will remain
as specialty retail for new
tenant.
general office
towhnhouse
8 new townhouse units.
X
$40,088.02
and ice cream
parlor
Total Transportation Impact Fess collected in 2023 = $323,573.44
Interest Earned 2023 $74,639.62
d
d
LL
w
c�
Q
$2,398,884.' E
C
$2,405,134.1 O
r
$2,411,383. p
CL
to
$2,417,632. is
L
H
M
N
$2,422,611.' N
O
IZ
O
$2,521,314.',
d
O
LL
t�
to
IZ
$2,529,674.i
C
O
R
O
Q
$2,533,766.1 to
C
i
H
M
N
0
N
$2,542,911.
_
d
E
t
0
$2,582,999.
GJ 230276 to 76th/220th-$35,976.01
Q
Intersection
+-
Improvements
$2,547,023.
d
E
L
to
2023 YEAR-END BALANCE=
$2,621,663.1
Q
Packet Pg. 38
2.3
City Council Agenda Item
Meeting Date: 04/9/2024
Presentation of professional services agreement for KPG/Psomas to provide design engineering services
for the Phase 5 Storm Utility Replacement/Rehab Project.
Staff Lead: Rob English
Department: Engineering
Preparer: Emiko Rodarte
Background/History
On June 13, 2023, staff presented Professional Services Agreement for design services for Phases 4
Storm Utility Replacement/Rehab Projects to the Parks and Public Works Committee and it was
forwarded to the consent agenda for Council approval.
On June 20, 2023, City Council approved the above item on the consent agenda.
Staff Recommendation
Forward item to consent agenda for approval.
Narrative
The City issued a Request for Qualifications (RFQ) in November 2021 to hire a consultant to provide
design engineering services for the Phase 4 and 5 Storm Replacement/Rehab Projects. The City received
statements of qualifications from four (4) engineering firms and the selection committee selected
KPG/Psomas to provide design engineering services for these Projects.
On June 20, 2023 Council approved KPG/Psomas to be the consultant to provide design services for the
Phase 4 and 5 Storm Utility Replacement/Rehab Projects and authorized the mayor to sign the
Professional Services Agreement for the projects that were scheduled to be designed as part of the
Phase 4 Storm Utility Replacement/Rehab Project contract.
A separate agreement has now been negotiated to design the improvements to be constructed in 2025
as part of the Phase 5 work. The City has negotiated a consultant fee of $137,544 for this phase. This
agreement will be funded by the Storm Water Utility Fund.
The Phase 5 Project will focus on rehabilitation of portions of the City's Storm Water network using
Cured in Place pipe technology. It is estimated that approximately 2,100 feet of existing pipe within the
City will be rehabilitated.
The selection of the sites was determined using maintenance data supplied by the City's Storm Water
maintenance and operations division for pipes that have large amounts of root intrusion or where the
existing pipe material is corrugated metal, which is subject to corrosion. The existing corrugated metal
pipe can be lined to ensure the continued function of these pipes and to mitigate the possibility of
Packet Pg. 39
2.3
sinkholes due to the pipe corrosion.
Attachments:
Attachment 1 - site map
Attachment 2 - Agreement
Packet Pg. 40
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Packet Pg. 41
2.3.b
OF EpM
°"� CITY OF EDMONDS MIKE
121 5T" AVENUE NORTH - EDMONDS, WA 98020 - 425-771-0220 WWW.EDMONDSWA.GOV ROSEN
MAYOR
,,,,��a° PUBLIC WORKS DEPARTMENT I ENGINEERING DIVISION
PROFESSIONAL SERVICES
AGREEMENT
THIS AGREEMENT ("Agreement") is made and entered into between the City of
Edmonds, hereinafter referred to as the "City," and KPG Psomas, Inc., hereinafter referred to as
the "Consultant."
WHEREAS, the City desires to engage the professional services and assistance of a
consulting firm to provide design engineering services with respect to the Phase 5 Stormwater
Utility Replacement/Rehabilitation project; and
WHEREAS, the Consultant has the necessary skills and experience, and desires to provide
such services to the City;
NOW, THEREFORE, in consideration of the mutual benefits accruing, it is agreed by
and between the parties hereto as follows:
1. Scope of work. The scope of work shall include all services and material necessary
to accomplish the above -mentioned objectives in accordance with the Scope of Work that is
marked as Exhibit A, attached hereto and incorporated herein by this reference.
2. Payments. The Consultant shall be paid by the City for completed work for
services rendered under this Agreement as provided hereinafter. Such payment shall be full
compensation for work performed or services rendered and for all labor, materials, supplies,
equipment and incidentals necessary to complete the work.
A. Payment for work accomplished under the terms of this Agreement shall be on
a time and expense basis as set forth in Exhibit B attached hereto and incorporated herein by this
reference; provided, in no event shall the payment for work performed pursuant to this Agreement
exceed the sum of ONE HUNDRED THIRTY-SEVEN THOUSAND FIVE HUNDRED AND
FORTY-FOUR DOLLARS ($137,544.00).
B. All vouchers shall be submitted by the Consultant to the City for payment
pursuant to the terms of this Agreement. The City shall pay the appropriate amount for each
voucher to the Consultant. The Consultant may submit vouchers to the City monthly during the
progress of the work for payment of completed phases of the project. Billings shall be reviewed
in conjunction with the City's warrant process. No billing shall be considered for payment that
has not been submitted to the City three days prior to the scheduled cut-off date. Such late vouchers
will be checked by the City and payment will be made in the next regular payment cycle.
Packet Pg. 42
2.3.b
C. The costs records and accounts pertaining to this Agreement are to be kept
available for inspection by representatives of the City for a period of three (3) years after final
payment. Copies shall be made available upon request.
3. Ownership and use of documents. All research, tests, surveys, reports, and any
and all other work product prepared or gathered by the Consultant in preparation for the services
rendered by the Consultant under this Agreement shall be and are the property of the Consultant,
provided, however, that:
A. All final reports, presentations, documentation and testimony prepared by
the Consultant shall become the property of the City upon their presentation to and acceptance by
the City and shall at that date become the property of the City.
B. The City shall have the right, upon reasonable request, to inspect, review
and copy any work product during normal office hours. Documents prepared under this Agreement
and in the possession of the Consultant may be subject to public records request and release under
Chapter 42.56 RCW.
C. In the event that the Consultant shall default on this Agreement, or in the
event that this Agreement shall be terminated prior to its completion as herein provided, the work
product of the Consultant, along with a summary of work done to date of default or termination,
shall become the property of the City and tender of the work product and summary shall be a
prerequisite to final payment under this Agreement. The summary of work done shall be prepared
at no additional cost.
4. Time of performance. The Consultant shall perform the work authorized by this
Agreement promptly in accordance with the receipt of the required governmental approvals.
Notwithstanding the foregoing, Consultant shall not be liable for delays due to causes beyond its
reasonable control.
5. Indemnification / Hold harmless agreement. The Consultant shall defend,
indemnify and hold the City, its officers, officials, employees and volunteers harmless from any
and all claims, injuries, damages, losses, demands, or suits at law or equity arising from the
negligent, reckless, or intentionally wrongful acts, errors or omissions of the Consultant in the
performance of this Agreement, except for injuries and damages caused by the sole negligence of
the City. Should a court of competent jurisdiction determine that this Agreement is subject to RCW
4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or
damages to property caused by or resulting from the concurrent negligence of the Consultant and
the City, its officers, officials, employees, and volunteers, the Consultant's liability, including the
duty and cost to defend, hereunder shall be only to the extent of the Consultant's negligence.
The Consultant shall comply with all applicable sections of the applicable Ethics laws, including
RCW 42.23, which is the Code of Ethics for regulating contract interest by municipal officers. The
Consultant specifically assumes potential liability for actions brought by the Consultant's own
employees against the City and, solely for the purpose of this indemnification and defense, the
Consultant specifically waives any immunity under the state industrial insurance law, Title 51
RCW. This waiver has been mutually negotiated by the parties. The provisions of this section shall
survive the expiration or termination of this Agreement.
2 Packet Pg. 43
2.3.b
6. General and professional liability insurance. The Consultant shall obtain and
keep in force during the term of this Agreement, or as otherwise required, the following insurance
with companies or through sources approved by the State Insurance Commissioner pursuant to
Title 48 RCW.
Insurance Coverage
A. Worker's compensation and employer's liability insurance as required by the State.
B. Commercial general liability and property damage insurance in an aggregate amount not
less than two million dollars ($2,000,000) for bodily injury, including death and property
damage. The per occurrence amount shall be written with limits no less than one million
dollars ($1,000,000).
C. Vehicle liability insurance for any automobile used in an amount not less than a one million
dollar ($1,000,000) combined single limit.
D. Professional liability insurance in the amount of one million dollars ($1,000,000).
Excepting the Worker's Compensation Insurance and Professional Liability Insurance secured by
the Consultant, the City will be named on all policies as an additional insured. The Consultant
shall furnish the City with verification of insurance and endorsements required by the Agreement.
The City reserves the right to require complete, certified copies of all required insurance policies
at any time.
All insurance shall be obtained from an insurance company authorized to do business in the State
of Washington. The Consultant shall submit a verification of insurance as outlined above within
fourteen days of the execution of this Agreement to the City.
No cancellation of the foregoing policies shall be effective without thirty (30) days prior notice to
the City.
The Consultant's professional liability to the City shall be limited to the amount payable under this
Agreement or one million dollars ($1,000,000), whichever is the greater, unless modified
elsewhere in this Agreement. In no case shall the Consultant's professional liability to third parties
be limited in any way.
7. Discrimination prohibited. The Consultant shall not discriminate against any
employee or applicant for employment because of race, color, religion, national origin, age, sex,
sexual orientation, marital status, veteran status, liability for service in the armed forces of the
United States, disability, or the presence of any sensory, mental or physical handicap, or any other
protected class status, unless based upon a bona fide occupational qualification.
8. Consultant is an independent contractor. The parties intend that an independent
contractor relationship will be created by this Agreement. No agent, employee or representative
of the Consultant shall be deemed to be an agent, employee or representative of the City for any
purpose. The Consultant shall be solely responsible for all acts of its agents, employees,
representatives and subcontractors during the performance of this Agreement.
9. City approval of work and relationships. Notwithstanding the Consultant's
status as an independent contractor, results of the work performed pursuant to this Agreement must
meet the approval of the City. During pendency of this Agreement, the Consultant shall not
perform work for any project in which either the Consultant's work for another entity or its work
on a property located within the City of Edmonds may be reasonably perceived as a conflict of
interest with its work for the City without written notification to the City and the City's prior
written consent.
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10. Termination. This being an Agreement for professional services, either party may
terminate this Agreement for any reason upon giving the other party written notice of such
termination no fewer than ten (10) days in advance of the effective date of said termination.
11. Integration. The Agreement between the parties shall consist of this document,
its Appendices 1 & 2, and the Scope of Work and fee schedule attached hereto as Exhibits A and
B. These writings constitute the entire Agreement of the parties and shall not be amended except
by a writing executed by both parties. In the event of any conflict between this written Agreement
and any provision of Exhibit A or B, this Agreement shall control.
12. Changes/Additional Work. The City may engage the Consultant to perform
services in addition to those listed in this Agreement, and the Consultant will be entitled to
additional compensation for authorized additional services or materials. The City shall not be
liable for additional compensation until and unless any and all additional work and compensation
is approved in advance in writing and signed by both parties to this Agreement. If conditions are
encountered which are not anticipated in the Scope of Work, the City understands that a revision
to the Scope of Work and fees may be required. Provided, however, that nothing in this paragraph
shall be interpreted to obligate the Consultant to render services, or the City to pay for services
rendered, in excess of the Scope of Work in Exhibit A unless or until an amendment to this
Agreement is approved in writing by both parties.
13. Standard of Care. The Consultant represents that the Consultant has the necessary
knowledge, skill and experience to perform services required by this Agreement. The Consultant
and any persons employed by the Consultant shall use their best efforts to perform the work in a
professional manner consistent with sound practices, in accordance with the schedules herein and
in accordance with the usual and customary professional care required for services of the type
described in the Scope of Work.
14. Non -waiver. Waiver by the City of any provision of this Agreement or any time
limitation provided for in this Agreement shall not constitute a waiver of any other provision.
15. Non -assignable. The services to be provided by the Consultant shall not be
assigned or subcontracted without the express written consent of the City.
16. Covenant against contingent fees. The Consultant warrants that he/she/they
has/have not employed or retained any company or person, other than a bona fide employee
working solely for the Consultant, to solicit or secure this Agreement, and that he/she/they
has/have not paid or agreed to pay any company or person, other than a bona fide employee
working solely for the Consultant, any fee, commission, percentage, brokerage fee, gifts, or any
other consideration contingent upon or resulting from the award of making of this Agreement. For
breach or violation of this warranty, the City shall have the right to annul this Agreement without
liability or, in its discretion to deduct from the contract price or consideration, or otherwise recover,
the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee.
17. Compliance with laws. The Consultant in the performance of this Agreement
shall comply with all applicable Federal, State or local laws and ordinances, including regulations
for licensing, certification and operation of facilities, programs and accreditation, and licensing of
individuals, and any other standards or criteria as described in the Agreement to assure quality of
services. Because this Agreement is subject to federal nondiscrimination laws, the Consultant
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2.3.b
agrees that the provisions of Appendices 1 & 2, attached hereto and incorporated herein by this
reference, apply to this Agreement.
The Consultant specifically agrees to pay any applicable business and occupation (B & O) taxes
which may be due on account of this Agreement.
18. Notices. Notices to the City of Edmonds shall be sent to the following address:
City of Edmonds
121 Fifth Avenue North
Edmonds, WA 98020
Notices to the Consultant shall be sent to the following address:
KPG Psomas, Inc.
3131 Elliott Avenue, Suite 400
Seattle, WA 98121
Receipt of any notice shall be deemed effective three (3) days after deposit of written notice in the
U.S. mails, with proper postage and properly addressed.
DATED THIS day of
CITY OF EDMONDS
2024.
KPG PSOMAS, INC.
Mike Rosen, Mayor BY:
ITS:
ATTEST/AUTHENTICATED:
Scott Passey, City Clerk
APPROVED AS TO FORM:
Office of the City Attorney
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STATE OF WASHINGTON )
)ss
COUNTY OF )
On this day of 2024, before me, the undersigned, a Notary
Public in and for the State of Washington, duly commissioned and sworn, personally
appeared to me known to be the person who executed
the foregoing instrument, and acknowledged the said instrument to be the free and voluntary
act and deed of said person, for the uses and purposes therein mentioned, and on oath stated
that he/she was authorized to execute said instrument.
WITNESS my hand and official seal hereto affixed the day and year first above
written.
NOTARY PUBLIC
My commission expires:
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2.3.b
APPENDIX 1 CONTRACT
(Appendix A of USDOT 1050.2A Standard Title VI Assurances)
During the performance of this Agreement, the Consultant/Contractor, for itself, its assignees, and successors
in interest (hereinafter collectively referred to as the "Consultant/Contractor") agrees as follows:
1. Compliance with Regulations: The Consultant/Contractor shall comply with the acts and regulations
relative to nondiscrimination in federally -assisted programs of the United States Department of
Transportation (USDOT), Title 49, Code of Federal Regulations, Part 21 (49 CFR 21), as they may be
amended from time to time (hereinafter referred to as the Regulations), which are herein incorporated
by reference and made a part of this Agreement.
Nondiscrimination: The Consultant/Contractor, with regard to the work performed by it during the
Agreement, shall not discriminate on the grounds of race, color, national origin, sex, age, disability,
income -level, or LEP in the selection and retention of subcontractors, including procurement of
materials and leases of equipment. The Consultant/Contractor shall not participate directly or
indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment
practices when the Agreement covers any activity, project, or program set forth in Appendix B of 49
CFR 21.
Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all
solicitations, either by competitive bidding, or negotiation made by the Consultant/ Contractor for
work to be performed under a subcontract, including procurement of materials, or leases of equipment,
each potential subcontractor or supplier shall be notified by the Consultant/Contractor of the
Consultant's/Contractor's obligations under this Agreement and the Regulations relative to
nondiscrimination on the grounds of race, color, national origin, sex, age, disability, income -level, or
LEP.
Information and Reports: The Consultant/Contractor shall provide all information and reports
required by the Regulations and directives issued pursuant thereto, and shall permit access to its
books, records, accounts, other sources of information, and its facilities as may be determined by the
City or the appropriate state or federal agency to be pertinent to ascertain compliance with such
Regulations, orders, and instructions. Where any information required of a Consultant/Contractor is in
the exclusive possession of another who fails or refuses to furnish the information, the
Consultant/Contractor shall so certify to the City, or state or federal agency, as appropriate, and shall
set forth what efforts it has made to obtain the information.
Sanctions for Noncompliance: In the event of the Consultant's/Contractor's noncompliance with the
nondiscrimination provisions of this Agreement, the City shall impose such contract sanctions as it or
the appropriate state or federal agency may determine to be appropriate, including, but not limited to:
• Withholding of payments to the Consultant/Contractor under the Agreement until the
Consultant/Contractor complies; and/or
• Cancellation, termination, or suspension of the Agreement, in whole or in part.
6. Incorporation of Provisions: The Consultant/Contractor shall include the provisions of the above
paragraphs one (1) through five (5) in every subcontract, including procurement of materials and
leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto. The
Consultant/Contractor shall take such action with respect to any subcontractor or procurement as the
City or appropriate state or federal agency may direct as a means of enforcing such provisions,
including sanctions for noncompliance. Provided, that if the Consultant/Contractor becomes involved
in, or is threatened with, litigation by a subcontractor or supplier as a result of such direction, the
Consultant/ Contractor may request that the City enter into such litigation to protect the interests of the
City; or may request that the appropriate state agency enter into such litigation to protect the interests
of the State of Washington. In addition, the Consultant/Contractor may request the appropriate federal
agency enter into such litigation to protect the interests of the United States.
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(Appendix E of USDOT 1050.2A Standard Title VI Assurances)
During the performance of this Agreement, the Consultant/Contractor, for itself, its assignees, and successors
in interest (hereinafter collectively referred to as the "Consultant/Contractor") agrees to comply with the
following non-discrimination statutes and authorities, including but not limited to:
Pertinent Non -Discrimination Authorities:
• Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits
discrimination on the basis of race, color, national origin); and 49 CFR Part 21;
• The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. §
4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because
of Federal or Federal -aid programs and projects);
• Federal -Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the basis of
sex);
• Section 504 of Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits
discrimination on the basis of disability); and 49 CFR Part 27;
• The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits
discrimination on the basis of age);
• Airport and Airway Improvement Act of 1982, (49 U.S.C. § 471, Section 47123), as amended,
(prohibits discrimination based on race, creed, color, national origin, or sex);
• The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and
applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and
Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or
activities" to include all of the programs or activities of the Federal -aid recipients, sub -recipients and
contractors, whether such programs or activities are Federally funded or not);
• Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of
disability in the operation of public entities, public and private transportation systems, places of public
accommodation, and certain testing entities (42 U.S.C. §§ 12131-12189) as implemented by
Department of Transportation regulations at 49 C.F.R. parts 37 and 38;
• The Federal Aviation Administration's Non -Discrimination statute (49 U.S.C. § 47123) (prohibits
discrimination on the basis of race, color, national origin, and sex);
• Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations
and Low -Income Populations, which ensures discrimination against minority populations by
discouraging programs, policies, and activities with disproportionately high and adverse human health
or environmental effects on minority and low-income populations;
• Executive Order 13166, Improving Access to Services for Person with Limited English Proficiency,
and resulting agency guidance, national origin discrimination includes discrimination because of
limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable
steps to ensure the LEP person have meaningful access to your programs (70 Fed. Reg. at 74087 to
74100);
• Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating
because of sex in education programs or activities (20 U.S.C. 1681 et seq).
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2.3.b
EXHIBIT A
City of Edmonds
— Phase 5 2025 Stormwater Utility Rehabilitation Project —
KPG Psomas
Scope of Work
March 2024
INTRODUCTION
A. PROJECT BACKGROUND AND UNDERSTANDING
The City of Edmonds (City) is developing a project hereby referred to as the Phase 5 2025 Stormwater
Utility Rehabilitation Project (City Project). The City has inventoried several conveyance pipes that are
located within major streets and rehabilitation is desired before potential failing. The City Project proposes
rehabilitation of these CM conveyance pipes using Cured in Place Pipe Lining (CIPP) at several locations
throughout the City:
• 80u' Avenue W — existing 24-inch CMP (Pipe ID# - 2654, 2656, 2658, 2659, and 2662)
• SR104 —existing 42-inch CMP (Pipe ID# - 4938, 4988, 4989, 4995, 4996, 10569, and 4997)
In total, the City Project will rehabilitate approximately 2,125 linear feet of CM conveyance piping,
utilizing CIPP technologies to the extent feasible to minimize disturbances. The City Project is anticipated
to be put out for ad in Q1 2025 and constructed during 2025.
Additionally, the City has identified a site, "Site C", with existing stormwater CM conveyance piping that
was previously analyzed and potential improvements designed to a "rough" 30%-level. The City has
requested a re-evaluation of both segments (Pipe ID# - 7787 and 7788) of the "Site C" existing conveyance
piping be performed now that the nearby Seaview Park infiltration system is functional. The City has also
requested that potentially suitable alternative rehabilitation method(s) (e.g. sliplining) be identified and
recommendations provided for improvement. The existing conveyance piping is significantly deteriorated
with the bottom of the pipe being rotted out in certain locations, thereby making CCTV inspection footage
unavailable.
The following scope of work outlines the KPG Psomas (KPG) consultant team's efforts to provide the
desired design and related services to complete plans, specifications, and estimates (PS&E) in support of
the City Project.
General locations of proposed CIPP rehabilitation work are illustrated in the City -provided PDF maps at
the end of this document.
B. GENERAL ASSUMPTIONS
The following general assumptions were identified to establish a scope and fee estimate for KPG's efforts
associated with the City Project. Project assumptions related to specific individual tasks follow and are
included with individual task scope descriptions, hereafter. a
• City -provided GIS data, LiDAR, and available aerial imagery will serve as the basis for the base
map used to develop Stormwater Rehabilitation Plans. E
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• Should the City/KPG conclude that trenchless repair is infeasible, alternative methods may be
assessed. Open trench pipe repair or replacement, if necessary, may require supplementary scope
and/or budget on a case -by -case basis.
• Applicable City/local agency, and/or WSDOT Standard Plans will be utilized as appropriate and
included for reference in the provided Design Plans.
• The City Project is anticipated to be completed without need for excavation and/or significant
modification (i.e., relocation/replacement) of exiting buried utilities. Stormwater Rehabilitation
Plans will be prepared without supporting field survey or utility locates.
• Draft construction phasing plans and approved temporary traffic control plans will be developed
for the project.
• Existing stormwater utilities are understood to be located within existing right of way or recorded
easements. As such, right of way acquisition and new permanent utility or temporary construction
easements/rights of access are not included in this scope of work.
• Plans will be developed utilizing AutoCAD or Civil 3D 2022 using KPG drafting standards and
plotted on City of Edmonds title block. Plans will use City Standard Drawing symbols and
nomenclature. Plans shall be assigned the local projection NAD83 Washington State Plan North,
HARN, US Feet.
• Stormwater conveyance capacity analyses are not required for this project; except as otherwise
specifically identified, stated, and defined herein.
• Stormwater utility profiles are not included in this scope of work.
• ESC plans are not included in this scope of work. If required, the Contractor will develop the ESC
plan for the project. The responsibilities of the Contractor shall be defined in the Project Manual.
• A Stormwater Pollution Prevention Plan (SWPPP) is not included in this work scope. If required,
the Contractor will develop a SWPPP for the project. The responsibilities of the contractor shall
be defined in the Project Manual.
• Proposed rehabilitation activities are SEPA exempt, as targeted pipe runs are within the confines
of existing utilities and do not materially expand or change the use of existing utilities . As such,
Stormwater Construction General Permit is not anticipated to be required. No specific
environmental, City ROW, or other regulatory requirements are believed to be applicable;
therefore, there are no other anticipated permits required for the project. If, however, any such
requirements are applicable, they would be covered separately by the City/City Project.
• Each site shall have a separate Opinion of Probable Construction Cost schedule.
• The City will be responsible for Public Involvement/Outreach.
• KPG will provide limited bid support (as defined herein) during project advertisement and through
award.
• Construction Engineering Support and Construction Management services are not included in this
scope of work and will be provided by others.
• The City requires three weeks to review submittals and provide comments back to KPG.
• All submittals will be electronically posted to KPG's ftp site.
C. CITY PROVIDED ITEMS
The City will provide the following in aid of design.
• Submittal reviews, comments, and approvals
Available stormwater system record drawings, design files/technical reports, and/or recorded
easement information, as needed.
• GIS data, LiDAR, and available aerial imagery
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• CCTV logs and video inspection footage
Applicable technical reports pertinent to the project (geotechnical, stormwater design,
environmental, etc.), if required
• City's standard boilerplate Project Manual documents and Standard Details
SCOPE OF WORK
Task 1— Management / Coordination / Administration
This task covers the efforts required to manage the contract and to assure that the project meets the City's
expectations for schedule, budget, and quality of product. Efforts included under this task are as follows:
1.1 Provide continuous project coordination and internal management for the project duration (estimate
9 months design and bid, May 2024 through January 2025).
1.2 Prepare for and attend a kick-off meeting with City staff to initiate project work/design.
1.3 Prepare for and attend general coordination/progress meetings with City staff during the design
phase to discuss key issues encountered during plan development and track progress (estimate 4
meetings). Teams Meetings/calls will be scheduled to discuss key issues with the City as needed.
These check -in and coordination meetings are separate from the various design submittal review
meetings identified separately, in subsequent tasks.
1.4 Provide internal quality assurance/quality control (QA/QC) reviews of all work products prior to
submittal for City review.
1.5 Prepare and submit electronic monthly invoices for review and approval by the City. Each invoice
shall include the Billing Period (start and end date), description of work accomplished for the
billing period, and the names, billing rate, and hours for each resource included with each task on
the invoice.
1.6 Develop and update a project schedule (if/as necessary).
Deliverables:
• Monthly progress reports and invoices
• Meeting notes
• Project schedule and updates
• QA/QC of all submittals
Assumptions:
• The anticipated design period is approximately nine (9) months.
Task 2 — Project Assessment and Conceptual (10%) Design
This task covers the efforts required to collect and review data and other pertinent information relative to
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the anticipated project including the following:
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EXHIBIT A
2.1 Attend one field visit with City staff to review existing site(s) conditions and identify potential
constraints.
2.2 Review City -provided GIS, available record drawings, and project base mapping information.
2.3 Review City -provided supplementary reports, analyses which may be applicable to proposed
rehabilitation efforts.
2.4 Review available City easement documentation.
2.5 Review City -provided CCTV logs and video inspection footage.
2.6 Review existing 30-percent design plans and associated documentation for "Site C" as identified
by the City, prepare capacity evaluation(s) for potential slip -lining rehabilitation, and
review/identify other, minimally invasive design alternative(s) as applicable. Develop summary
conveyance system improvement recommendations to Site C for the City's consideration.
2.7 Assess CIPP suitability for stormwater conveyance pipe rehabilitation.
2.8 Prepare summary memo addressing feasibility and a planning -level Engineer's Opinion of
Probable Construction Cost (OPCC) of CIPP lining for each site identified by the City Project.
2.9 Conceptual (10%) Design Review Meeting: The purpose of this meeting is to confirm
understanding and agreement regarding intended project design elements for the City Project prior
to proceeding with continued design development.
Deliverables:
• Summary memorandum
• Base map(s) illustrating project sites and conceptual rehabilitation plans
• Planning -level (10%) Engineer's OPCC
Assumptions:
• The City will provide KPG with current City Project base mapping information and associated
data/reports.
• The City will provide KPG with all relevant available stormwater design documentation associated
with "Site C", including any design report(s) associated with the existing 30-percent "Site C"
stormwater design and/or the completed Seaview Park infiltration system.
• Independent tributary basin delineation and/or hydrologic modeling for areas tributary to "Site C"
will not be required. KPG will refer to the existing Perrinville Creek Stormwater Flow Reduction
Study, completed by Tetra Tech in February 2015, as the primary basis for stormwater capacity
evaluation(s) described under Task 2.6.
• Capacity analysis for design alternative(s) associated with "Site C" will be limited to existing pipes
to -be -replaced. Backwater analysis associated with the upstream and/or downstream conveyance
system will not be performed.
Task 3 — Preliminary (50%) Design
This task covers the efforts and includes the anticipated work necessary to develop Preliminary (50%)
Design submittal package for the City Project:
3.1 Preliminary (50%) Design/Stormwater Rehabilitation Plans. The 50% Plans for the selected
stormwater utility repairs are anticipated to consist of approximately ten (10) total plan sheets, or
as required to accommodate all required design elements.
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3.2 Incorporate all comments received during the Conceptual (10%) Design Review meeting.
3.3 Prepare Engineer's OPCC for proposed stormwater rehabilitation efforts based on preliminary
(50%) design.
3.4 Prepare a draft Bid Schedule and list of planned special provisions to be included in the Pre -Final
(90%) Design draft Project Manual.
3.5 Preliminary (50%) Traffic Control Plan to support proposed cured -in -place pipe (CIPP) lining
activities at the SR-104 project site, including the following information:
o Vehicle traffic control plan including lane closure(s), lane transitions, TC signing,
flagging locations, and traffic cones/barrels as necessary.
o ADA pedestrian traffic control plan including cones, demarcation lines, ramps and other
ADA accessible facilities to move pedestrians through the work zone as necessary.
o Traffic Control general notes and other requirements provided by the approving
jurisdiction(s) (WSDOT and/or internal City Traffic Dept)
3.6 Preliminary (50%) Design Review Meeting: The purpose of this meeting is to confirm design
elements shown in the preliminary design plans prior to proceeding with continued design
development.
Deliverables:
• Preliminary (50%) Plans (PDF, Full Size)
• Preliminary (50%) Project Manual (Word and PDF) including:
o City's Standard "Front End" Documents
o City Standard Supplemental Special Provisions (outline only)
o Draft Bid Schedule
o Required Appendices (outline only)
• Preliminary (50%) Engineer's OPCC
• Preliminary (50%) Traffic Control Plan(s)
Assumptions:
• Stormwater Rehabilitation Plans are anticipated to include one (1) or more sites per individual
sheet, varying per the proposed length of CIPP lining.
• KPG will coordinate with the City to select suitable CIPP curing technologies. UV or steam -cured
CIPP lining will be prioritized over other methods in accordance with historic City preference.
• KPG will utilize City general CIPP Special Provisions as a basis for developing stormwater-specific
CIPP Special Provisions.
• The Manual on Uniform Traffic Control Devices (MUTCD) and WSDOT traffic control standards
will be used to support Traffic Control Plan development.
• City to coordinate with the Washington State Department of Transportation (WSDOT) and/or
internal City Traffic Dept. as necessary.Once the design decisions have been made at the
Conceptual (50%) Design Review Meeting, subsequent "significant" changes to these decisions/the
project design (e.g. pursuance of rehabilitation methods other than trenchless CIPP lining, including
pipe and/or catch basin replacement) will be considered out of scope work.
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EXHIBIT A
Task 4 — Pre -Final (90%) Design
This task covers the effort required to prepare Pre -Final (90%) Design PS&E submittal for the City Project:
4.1 Develop Pre -Final (90%) Stormwater Rehabilitation Plans, incorporating all comments received
during the Preliminary (50%) Design Review Meeting.
4.2 Developing the Pre -Final (90%) Project Manual. This includes the City's standard "Front End"
documents, City standard Bid Forms, required City GSP's, Project Special Provisions, and
Technical Specifications (including storm -specific CIPP special provisions) as an Appendix in the
Special Provisions.
4.3 Engineer's Pre -Final (90%) OPCC: revised based on the Pre -Final (90%) Design/PS&E package
and prior City comments.
4.4 Develop Pre -Final (90%) Traffic Control Plans, incorporating all comments received from the City
and/or WSDOT during the Preliminary (50%) Design Review.
4.5 Pre -Final (90%) Design Review Meeting: The purpose of this meeting is to conduct a working
review of the Pre -Final (90%) Design/PS&E. The comments, discussion, and decisions from this
meeting will be incorporated into the final PS&E/Bid package.
4.6 Perform a constructability review of the Pre -Final (90%) Design/documents by KPG's
Construction Management group.
Deliverables:
• Pre -Final (90%) Plans (PDF, Full Size)
• Pre -Final (90%) Project Manual (Word and PDF) including:
o City's Standard "Front End" Documents
o City Standard Supplemental Special Provisions, as applicable
o Bid Schedule
o Appendices
• Engineer's OPCC based on 90% Plans and Draft Project Manual (Excel and PDF)
• Pre -Final (90%) Traffic Control Plan(s)
• Bid Quantity tabulations for each bid item per layout sheet
Assumptions:
• Applicable City and/or WSDOT Standard Plans will be included in the Design Plans
Task 5 — Final Design/Bid Documents
This task covers the efforts required to prepare final design/bid documents for the City Project:
5.1 Develop the Final Design/Bid Documents. This includes all the documents defined previously
5.2 Engineer's OPCC: revised based on final design/bid documents and City comments.
Deliverables:
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EXHIBIT A
• Final Design Plans (PDF, Full Size)
• Final Project Manual/Bid Documents (Word and PDF) including:
o City Standard "Front End" Documents
o City Standard Supplemental Special Provisions, as applicable
o Bid Schedule
o Appendices
• Engineer's Final OPCC
• Final Bid Quantity tabulations for each bid item per layout sheet
• CADD or C3D Files
Assumptions:
• N/A
Task 6 — Assistance/Support During Bid Period (Limited)
This task includes efforts to provide assistance and support to the City on an as needed/requested basis
during the bid period. Efforts under this task may include:
6.1 Attend a pre -bid conference for the City Project and provide support regarding the agenda.
6.2 Prepare addenda and respond to bidders' questions.
6.3 Other potentially, if/as requested.
Deliverables:
• Pre -bid conference specific agenda items in word format
• Addenda documents (if necessary)
• Recommendation of Award and backup documentation (word and PDF), if requested
Assumptions:
• The Consultant will not charge for work to prepare addenda if they are needed to correct or verify
errors or omissions in the final plans and specifications.
• The actual assistance/support needed during the bid period is unknown at this time, and therefore
a provisional budget allowance of approximately $5,000 is included. Efforts beyond this amount
will be considered extra (beyond scope) work unless otherwise mutually agreed upon and will be
authorized separately by the City via the management reserve, amendment, or other contract as
may be appropriate.
Task 7 — Management Reserve
A Management Reserve has been established for this project to provide flexibility of authorizing additional
funds to the Agreement for allowable unforeseen costs or reimbursing KPG for additional work beyond
a
that already defined in this Agreement. Such authorization(s) shall be in writing by the City, prior to KPG
expending any effort on such services, and shall not exceed $15,000.
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City of Edmonds Phase 5 Page 7 KPG Psomas
2025 Stormwater Utility Rehabilitation Project March 2024
Packet Pg. 56
2.3.b
EXHIBIT A
ADDITIONAL SERVICES
It may be necessary for KPG to provide services in addition to those outlined above as requested and
approved by the City. It is assumed that additional services could include tasks such as additional design
elements, construction engineering support, and/or other work tasks not included in the Scope of Work. At
the time these services are required, KPG shall provide the City with a detailed Scope of Work and an
estimate of costs. KPG shall not proceed with the work until the City has authorized the work and issued a
written Notice to Proceed.
City of Edmonds Phase 5 Page 8 KPG Psomas
2025 Stormwater Utility Rehabilitation Project March 2024
Packet Pg. 57
2.3.b
EXHIBIT B
CONSULTANT LEVEL OF EFFORT / FEE ESTIMATE
Client: City of Edmonds
Project: Phase 5 2025 Stormwater Utility Rehabilitation Project
KPG Psomas Project Number:
Date: 3/28124
Task No.
Task Description
MA
Labor
Hour
Estimate
Total Hours and Labor
Cost Computions by Task
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SW
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$290.00
1 1166.00
$139.00
$196.00
$139.00
$110.00t20
6Task
1 - Management/Coordination/Administration
1.1
Pro ect Mana ement and Administrative Services 9 Months
8
16
8
$ 5,856001.2
Kick-off Meetin
2
4
$ 1,244.00
1.3
Pre are and Attend Coordination / Pro ress Meetin s 4 Meetin s
4
6
6
$ 2,990.00
1.4
QA/QC Reviews
8
12
$ 4,312.00
1.5
Pre are and Submit Monthl Invoices 9 Months
9
9
$ 2,484.001.6
Develop and Update Project Schedule
2
8
$ 1,908.00
Task Total
24
55
6
0
0
17
$ 18,794.00
Task 2 - Project Assessment and Conceptual (10%) Design
2.1
Sites Visit with City Staff
8
8
16
$ 3,648.00
2.2
Base Mapping Data Collection & Review
2
6
8
16
$ 2,688.00
2.3
Supplementary Reports Review
1
2
4
7
$ 1,178.00
2.4
Existing Easement Documentation Review
1
2
4
7
$ 1,178.00
2.5
CCTV Los & Videos Review
2
6
12
20
$ 3,244.00
2.6
"Site C" Capacity Evaluation, Alternatives Identification, & Improvements Recommend
4
12
16
32
$ 5,376.00
2.7
Assessment of CIPP Suitability per Provided CCTV Data
4
12
16
$ 3,152.00
2.8
Prepare Conceptual Design Memo & 10% Design OPCC
4
12
18
2
36
$ 5,874.00
2.9
Attend Conceptual 10 % Design Review Meeting
2
4
2
8
$ 1,522.00
Task Total
28
64
64
0
0
2
158
$ 27,860.00
Task 3 - Preliminary (50%) Design
3.1
Prepare Preliminary 50 % Design Plans
6
20
35
25
86
$ 13,400.00
3.2
Inoor orate All Comments Received During Conceptual 10% Design Meeting
6
8
14
$ 2,108.00
3.3
Pre are En ineer's Prelimina 50 % OPCC
2
6
8
16
$ 2,688.00
3A
Prepare Dre8 Bid Schedule and List of Planned Special Provisions
2
6
8
6
22
$ 3,348.00
3.5
lPrepare Preliminary 50 % Traffic Control Plan(s) for SR104 Site
2
2
16
8
28
$ 4,248.00
3.6
lAttend Preliminary 50 % Design Review Meeting
2
4
2
8
$ 1,522.00
Task Total
14
44
77
0
33
6
174
$ 27,314.00
Task 4 - Pre -Final (90%) Design
4.1
Prepare Pre -Final 90% Design Plans
8
18
20
12
58
$ 9,756.00
4.2
Prepare Pre -Final 90% Project Manual
6
24
40
4
74
$ 11,724.00
4.3
Pre are Engineers Pre -Final 90% OPCC
2
8
12
22
$ 3,576.00
4.4
PreparePre-Final 90 % Traffic Control Plans for SR104 Site
2
2
12
2
18
$ 2,858.00
4.5
lAttend Pre -Final 90% Design Review Meeting
2
4
2
8
$ 1,522.00
4.6
IConstructability Review of Pre -Final 90% Design/Documents
8
8
$ 1,568.00
Task Total
20
56
86
8
14
4
188
$ 31,004.00
Task 5 - Final Design/Bid Documents
5.1 Pre are Final Desi n/Bid Documents
6
14
20
0
8
4
52
$ 8,396.00
5.2 Prepare Final Engineer's OPCC
2
8
12
22
1 $ 3,576.00
Task Total
8
22
32
0
8
4
74
$ 11,972.00
Task 6-Asistance/Support During Bid Period (Limited)
6.1
!Prepare for and Attend Pre -Bid Conference
2
4
2
8
$ 1,522.00
6.2
1 Prepare Addenda and Respond to Bidders' Questions
2
4
6
12
$ 2,078.00
6.3
lAdditional Support As Requested
$ 1,500.00
Task Total
4
8
8
0
0
0
20
$ 5,100.00
Task 7 - Management Reserve
General
$ 15'000.00
Task Total
$ 15,000.00
Total Labor Hours and Feel
98 1 249 1 273 1 8 55 1 33 716
$ 137,044.00
Subconsultants
Subtotal
$
Administrative Charge 5%
$
Total Subconsultant Expense
I $ -
Reimbursable Direct Non -Salary Costs
Mileage at cument IRS rate
$ 250.00
Reproduction Allowance
$ 250.00
Total Reimbursable Expensel
$ 500.00
Total Estimated Budgetl
$ 137,544.00
Packet Pg. 58
2.4
City Council Agenda Item
Meeting Date: 04/9/2024
5-ft dedication for 98th Ave W right-of-way adjacent to 22214 98th Ave W
Staff Lead: Rob English
Department: Engineering
Preparer: Emiko Rodarte
Background/History
None
Staff Recommendation
Forward item to consent agenda for approval.
Narrative
The City is currently reviewing a proposed 3-lot subdivision, at 22214 - 98th Ave W. In accordance with
Edmonds Community Development Code (ECDC) 20.75.085 (Subdivision - Review Criteria), the city
council may require dedication of land in the proposed subdivision for public use. In accordance with
ECDC 18.50.020 (Official Street Map - Dedication presumption and requirement), applicants for a
subdivision shall be presumed to create development impacts upon the street and transportation
system of the city and such presumed impacts shall be mitigated by the dedication of such right-of-way
to the city and to public use.
The City's Official Street Map indicates a 5-foot right-of-way dedication is required along the 98th Ave W
property frontage of the subject development. As a condition of development, the 5-foot right-of-way
shall be deeded to the City.
Subsequent to Council approval of the street dedication, the dedication will be recorded against the
subject property with the final plat documents for the subdivision.
Attachments:
Attachment 1 - Vicinity Map
Attachment 2 - Site Plan and Dedication
Packet Pg. 59
City of Edmonds Vicinity Map
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Packet Pg. 60
1 2.4.b I
LEGAL DESCR/PT/ON
(PER SUBDIVISION GUARANTEE 500125015C - REV 2 DATED 10.24.22)
THAT PORTION OF THE EAST HALF OF THE NORTH HALF OF TRACT 3, FOURTNER S
HOMESTEAD PLAT, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 1 OF PLATS,
PAGE 97, RECORDS OF SNOHOMISH COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF THE EAST HALF OF THE NORTH HALF OF
SAID TRACT 3,
THENCE NORTH 88' 1645" WEST 374 FEET;
THENCE NORTH 24'41 '07" EAST 180.25 FEET;
THENCE SOUTH 88'1645" EAST 212.0 FEET,•
THENCE SOUTH 01'09'04" WEST 145.97 FEET;
THENCE SOUTH 88'16'45" EAST 90 FEET;
THENCE SOUTH 01'05'30" WEST TO THE POINT OF BEGINNING;
SITUATED IN THE COUNTY OF SNOHOMISH, STATE OF WASHINGTON.
SURVEYOR NOTES
1. THIS SURVEY HAS BEEN PREPARED FOR THE EXCLUSIVE USE OF PARTIES WHOSE
NAMES APPEAR HEREON ONLY, AND DOES NOT EXTEND TO ANY UNNAMED THIRD
PARTIES WITHOUT EXPRESS RECERTIFICATION BY THE LAND SURVEYOR OF RECORD.
SE 1/4, SEC25, TWP 27N, RGE 3E, W.M.
98TH AVE W SHORT PLAT
MON. IN CASE: 3" BRASS DISC W/ 'X" IN
4"x4" CONC. POST DOWN 0.7' 1011112021
0.03'(N) & 0.17'(W) OF CALC D POSITION
2. BOUNDARY LINES SHOWN AND CORNERS SET REPRESENT DEED LOCATIONS; OWNERSHIP
LINES MAY VARY. NO GUARANTEE OF OWNERSHIP IS EXPRESSED OR IMPLIED. \
BASIS OF BEARINGS
THE MONUMENTED CENTERLINE OF 98TH AVE. W., \
AS THE BEARING OF N 01 03'27" E
VERTICAL DATUM
BENCHMARK \
MON /N CASE ON CENTERLINE OF 987H AVE. W. 25' LOT 10
EASTERLY OF SOUTHEAST CORNER (ON SOUTH LINE FOUND REBAR/CAP '50711" TW VIEW ESTATES
EXTENDED) OF SUBJECT PROPERTY. 0.1'(W) OF WEST DEED LINE
BENCHMARK ELEVATION = 378.37 9 CORNER(SEE NOTE 1) VO " 17, PGS" 56-57
(OBTAINED FROM GPS OBSERVATIONS)
00602100100900 \
DATUM : NA VD 88 NANCY P A W/LL/AMS
FOUND REBAR/CAP \
"SVP 32442" 0.1 '(N)
OF CORNER
JIM
346 348 350352 `�ss� M VJ `�rno c�6 3\ `�� �,
-6�-- —0
PRELIMINARY SNORT PLAT
220TH ST SW MON. IN CASE. • 3/8" BRASS ROD
IN CONC. DOWN 1.5' 1011112021
N 88° 16' 15" W 653.41 '(C, R 1, R2) (653.58' MEAS.) (HELD FOR ROTATION) _ -
to
00602100101000
DOUGLAS J & ELLEN FAh
EX 10DRAINAGE &
UTILITY EASEMENT
(1302082)
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00450700J00005 / N88 645 W 198.55'
DUFFY/STECKL Y / / / / / /
W / / / / / / / / �— — — — — — — — — — — — — —
r��t I 20' ACCESS, DRAINAGE
& UTILITY EASEMENT
10' JOINT UTILITY
EASEMENT �\
N.'�/
// to
12 to
yl, 061 SF �' I
1p,721 (NET)
1
EXISTING SHED
— TO BE )?EMOVED
/ - / i 88 6'45"W 209.21 ' to
00450700J00004
CARL A & CYNTHIA L STOUT
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/ DARCY J WALKER
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" SHED % „SVP 32442" AT I �...
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37¢_-.
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1.00' ` �� o a. I TO CITY OF EDMONDS
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-58876'45 "E 90.00'
EXISTING SHED Ll/J1/� TRACT 999 -+/ I L
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TO BE REMOVED `� b ACCESS/UTLITY 3 _- 3 I I —
" I.
J /------_ �� - �\ _ 3,821 SF - - - - - - - - - N8'876 45 W 207.39' b 1\/ .1............. .
FENCE, 2+00
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00450700J00012
FIRESTONE LIVING TRUST
VICINITY MAP
SCALE.- 1' = 2000'
N
SCALE.- 1" = 20'
0 10 20 40
P%AM
ENGINEERING, INC.
Civil Engineering / Land Planning
19109 36TH AVE W, SUITE 100
LYNNWOOD, WA 98036
PHONE: (425) 678-6960
WWW.RAMENGINEERINGINC.COM
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PROJECT TEAM
OWNER/APPLICANT CIVIL ENGINEER
SELECT HOMES RAM ENGINEERING, INC.
8304 212TH ST SW 19109 36TH AVE W, SUITE 100
EDMONDS, WA 98026 LYNNWOOD, WA 98036
(425) 742-6044 (425) 678-6960
EMAIL: KAYLA.CLARK@OUTLOOK.COM EMAIL: ROBL@RAMENG/NEER/NG/NC.COM
CONTACT- KAYLA CLARK CONTACT. ROB L. LONG, PE
SURVEYOR
PACIFIC COAST SURVEYS, INC.
PO BOX 13619
MILL CREEK, WA 98082
512-7099
CONTACT- DARREN J. RIDDLE, PLS lIiiiift
SITE DATA Q
SITE ADDRESS. • 22214 98TH A l/E W
EDMONDS, WA 98020
TAX PARCEL ID NUMBER. 00450700J00002
TOTAL SITE AREA: 42,957 SF (0.99 AC)
EXISTING ZONING. • RS-8
PROPOSED ZONING. NO CHANGE L
NUMBER OF LOTS PROPOSED: 3 LOTS O O PROPOSED LAND USE. SINGLE FAMILY RESIDENTIAL
MAX BUILDING HEIGHT- 25 FEET � O
MAX LOT COVERAGE FOR STRUCTURES. 357. TOTAL LOT AREA Z
MAX DENSITY.• 5.5 UNITS PER ACRE
PARKING REQUIRED PER LOT- 2
ROAD AREA (ROW DEDICATION): 100 SF
GROSS DENSITY (3/0.99): 3.03 D. U. PER ACRE N
� � N
CONSERVATION SUBDIVISION DESIGN Q 41 Z
AVERAGE LOT SIZE (NET LOT AREA): 12,565 SF Z -4 J
(37, 696 SF / 3) W 0
SMALLEST NET LOT SIZE (LOT 3): 9,347 SF y
*SETBACK REQUIREMENTS:
STREET SETBACK M/M/NUM = 15 FEET
REAR SETBACK MIN/MUM = 10 FEET
SIDE SETBACK MIN/MUM = 5 FEET
* PER EDC 20.75.048(B)(1)
111�4-
**MAXIMUM LOT COVERAGE ALLOWED = 13,194 SF
(359 X 37, 696 SF)
ACTUAL LOT COVERAGE = 6,622 SF
**PER EDC 20.75.048(B)(3)
AGENCIES/UTILITIES
JURISDICTION CITY OF EDMONDS
STORM DISTRICT CITY OF EDMONDS
WATER DISTRICT OLYMPIC VIEW WATER & SEWER DISTRICT
SEWER DISTRICT CITY OF EDMONDS
SCHOOL DISTRICT EDMONDS SCHOOL DISTRICT NO. 15
FIRE DISTRICT SNOHOMISH COUNTY FIRE DISTRICT NO. 1
TELEPHONE ZIPLEY
ELECTRICAL SNOHOMISH COUNTY PUD NO. 1
GAS PSE
GARBAGE REPUBLIC SERVICE o ws LO
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SHEET INDEX
Q 5
� �Gis
CITY OF EDMONDS �IONAL
1 PP-01 PRELIMINARY SHORT PLAT
2 EC-01 EXISTING CONDITIONS MAP
Know what's below.
Call before you dig.
THE BOUNDARY AND
TOPOGRAPHY SURVEY
SHOWN ON THIS SITE
PLAN WERE PREPARED
UNDER THE DIRECT
SUPERVISION OF A
WASHINGTON STA TE
PROFESSIONAL LAND
SURVEYOR
ENGINEER:
Z
Z
V)
ROB L. LONG, PE
DRAWN BY.•
MIKE MORRIS
ISSUE DA TE• SCALE.-
1113122 AS NOTED
JOB NO:
21-011
SHEET.•
PP-01
SHT 1 OF-2 I
Packet Pg. 61
2.5
City Council Agenda Item
Meeting Date: 04/9/2024
A&T Dreams 10-ft Street Dedication and 20-ft Public Sewer Easement
Staff Lead: Rob English
Department: Engineering
Preparer: Emiko Rodarte
Background/History
None
Staff Recommendation
Forward item to consent agenda for approval.
Narrative
The City is currently reviewing a proposed single-family residential development at 16516 74th PI W,
which is currently vacant land. In accordance with ECDC 18.50.020 (Official Street Map - Dedication
presumption and requirement), applicants for a building permit shall be presumed to create
development impacts upon the street and transportation system of the city and such presumed impacts
shall be mitigated by the dedication of such right-of-way to the city and to public use.
The City's Official Street Map indicates a 10-foot right-of-way dedication is required along the 74th PI W
property frontage of the subject development. As a condition of development, the 10-foot right-of-way
shall be deeded to the City.
In addition, an existing public sanitary sewer main is located within the subject property and a 20-ft wide
sewer easement shall be provided to the City as a condition of development. The easement will provide
access to the City across the subject property to allow for future maintenance, repair, and
reconstruction of the sanitary sewer main.
Subsequent to Council approval of the street dedication and public easement, these items will be
recorded against the subject property through individual deeds and easement documents.
Attachments:
Attachment 1 - Vicinity Map
Attachment 2 - Exhibit for Dedication
Attachment 3 - Exhibit for Sanitary Sewer Easement
Attachment 4 - Site Plan with Dedication and Easement
Packet Pg. 62
2.5.a
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/ APPROX. LOCATION OF 12" /
/ CONC. STORM LINE PER CITY APPROX. LOCATION OF
P OF EDMONDS GIS MAP EX. HOUSE PER
114 CITY OF EDMONDS
��/ 16 GIS INFORMATION /
/ 18
APPROX. LOCATION OF 8" DI EX. CB N°' 2°
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a 24"CEDAR / / / / / 14 MA LE I 192 1c �. APPROX. LOCATION OF 4" DI
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METHOD OF SURVEY: '
SURVEY PERFORMED BY FIELD TRAVERSE
INSTRUMEN 1 ATION:
TOPCON PS103A ELECTRONIC TOTAL STATION AND LEICA GPS RECEIVER.
PRECISION:
MEETS OR EXCEEDS STATE STANDARDS WAC 322-130-090
BASIS OF BEARING:
STATE PLANE COORDINATE SYSTEM
SURVEY NOTES:
1.) THIS SURVEY HAS BEEN PREPARED FOR THE EXCLUSIVE USE OF
PARTIES WHOSE NAMES APPEAR HEREON ONLY, AND DOES NOT
EXTEND TO ANY UNNAMED THIRD PARTIES WITHOUT EXPRESS
RECTIFICATION BY THE LAND SURVEYOR.
2.) BOUNDARY LINES SHOWN AND CORNERS SET REPRESENT DEED
LOCATION; OWNERSHIP LINES MAY VARY. NO GUARANTEE OF
OWNERSHIP IS EXPRESSED OR IMPLIED. THIS SURVEY WAS
PERFORMED WITHOUT THE BENEFIT OF A TITLE REPORT AND DOES
NOT PURPORT TO SHOW ALL EASEMENTS, RESTRICTIONS,
RESERVATIONS, AND OCCUPATION WHICH MAY ENCUMBER TITLE TO
OR USE OF THE PROPERTY.
UTILITY LOCATION BASED ON SURFACE EVIDENCE.
3.) FIELD WORK PERFORMED AND MONUMENTS RECOVERED IN
OCTOBER, 2021
LINE TABLE
LINE
LENGTH
BEARING
L1
4.94
N59'57'03"E
L2
21.07
N87.07'27"W
VERTICAL CONTROL:
N4VD88 PER GPS OBSERVATIONS IN WASHINGTON STATE
REFERENCE NETWORK.
HORIZONTAL CONTROL:
STATE PLANE COORDINATE SYSTEM NORTH ZONE PER GPS OBSERVATIONS IN
WASHINGTON STATE REFERENCE NETWORK.
LEGAL DESCRIPTTON
TRACTS 91, 92 AND 93, PLAT OF MEADOWDALE BEACH, ACCORDING TO THE
PLAT THEREOF RECORDED IN VOLUME 5 OF PLATS, PAGE 38, RECORDS OF
SNOHOMISH COUNTY, WASHINTON
LYING SOUTH OF THE FOLLOWING DESCRIBED LINE:
BEGINNING AT THE INTERSECTION OF THE EASTERLY MARGINAL LINE OF 75TH
PLACE WEST AND THE ARC OF A CURVE TO THE RIGHT, SAID CURVE HAVING
A RADIUS OF 1452.29 FEET, AN ARC DISTANCE OF 13Z40 FEET; THENCE
CONTINIUlNG SOUTHERLY ALONG SAID EASTERLY MARGIN LINE OF 75TH PLACE
WEST AND THE ARC OF SAID CURVE TO THE RIGHT, N ARC DISTANCE OF
123.36 FEET TO THE POINT OF TANGENCY OF SAID CURVE, SAID TANGENT
BEARING SOUTH 24'15' WEST; THENCE SOUTH 24'15' WEST AND CONTINUING
ALONG SAID EASTERLY MARGIN LINE OF 76TH AVENUE WEST, 55.2 FEET, THE
POINT OF BEGINNING OF SAID BOUNDARY LINE; THENCE NORTH 68.26'19"
EAST 132.84 FEET TO THE END OF SAID LINE.
SITUATE IN THE COUNTY OF SNOHOMISH, STATE OF WASHINGTON.
';�: #
\ 20 \
2d
LEGEND \ \
❑
STORM DRAIN CATCH BASIN (CB)
-�
STORM DRAIN LINE \ \
0 SSMH
SANITARY SEWER MANHOLE (SSMH)
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SANITARY SEWER LINE
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FIRE HYDRANTIff \ \
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POWER POLE REFERENCES
E3TJB
TELEPHONE JUNCTION BOX 1. PLAT OF MEADOWDALE BEACH, VOL. 5, PG. 38 \
CONIFEROUS TREE
O DECIDUOUS TREE
2. RECORD OF SURVEY, AF19411015002
3. SHORT PLAT NO. 3006792, AF1200306105001
PARCEL NUMBER: 00513100009006
UPDATED: DECEMBER 29, 2022
ATTACHMENT 2 1 Packet Pg. 64
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8902
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DEDICATION TO THE
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EDMONDS, 98020 (206) 326-9912
LINE TABLE
LINE
LENGTH
BEARING
L1
39.55
N26'32'03"E
CURVE TABLE
CURVE LENGTH RADIUS DELTA
Cl 146.54 338.09 24'50'00"
C2 142.20 328.09 24'50'00"
ATTACHMENT 2
Packet Pg. 65
ATTACHMENT 2
Packet Pg. 65
2.5.b
EXHIBIT A
LEGAL DESCRIPTION OF SUBJECT PROPERTY
TRACTS 91, 92 AND 93, PLAT OF MEADOWDALE BEACH, ACCORDING TO THE PLAT
THEREOF RECORDED IN VOLUME 5 OF PLATS, PAGE 38, RECORDS OF SNOHOMISH
COUNTY, WASHINTON
LYING SOUTH OF THE FOLLOWING DESCRIBED LINE:
BEGINNING AT THE INTERSECTION OF THE EASTERLY MARGINAL LINE OF 75TH
PLACE WEST AND THE ARC OF A CURVE TO THE RIGHT, SAID CURVE HAVING A
RADIUS OF 1452.29 FEET, AN ARC DISTANCE OF 137.40 FEET; THENCE CONTINIUING
SOUTHERLY ALONG SAID EASTERLY MARGIN LINE OF 75TH PLACE WEST AND THE
ARC OF SAID CURVE TO THE RIGHT, N ARC DISTANCE OF 123.36 FEET TO THE POINT
OF TANGENCY OF SAID CURVE, SAID TANGENT BEARING SOUTH 24°15' WEST;
THENCE SOUTH 24015' WEST AND CONTINUING ALONG SAID EASTERLY MARGIN LINE
OF 76TH AVENUE WEST, 55.2 FEET, THE POINT OF BEGINNING OF SAID BOUNDARY
LINE; THENCE NORTH 68°26'19" EAST 132.84 FEET TO THE END OF SAID LINE.
SITUATE IN THE COUNTY OF SNOHOMISH, STATE OF WASHINGTON.
ATTACHMENT 2
Packet Pg. 66
2.5.b
EXHIBIT B
LEGAL DESCRIPTON AND MAP OF RIGHT-OF-WAY DEDICATION
BEGINNING AT THE SOUTHWEST CORNER OF DESCRIBED SUBJECT PROPERTY,
ALSO BEING A POINT ON THE EASTERLY MARGIN OF 76T" AVENUE WEST; THENCE
NORTH 01042'03" EAST ALONG SAID MARGIN, A DISTANCE OF 241.91 FEET TO THE
BEGINNING OF A CURVE TO THE RIGHT HAVING A RADIUS OF 338.09 FEET; THENCE
CONTINIUING ALONG THE ARC OF SAID CURVE AND THE EASTERLY MARGIN OF 76T"
AVENUE WEST PASSING THROUGH A CENTRAL ANGLE OF 24050'00" AN ARC
DISTANCE OF 146.54 FEET; THENCE NORTH 26032'03" EAST ALONG SAID EASTERLY
MARGIN, A DISTANCE OF 39.55 FEET TO THE NORTHEAST CORNER OF SAID SUBJECT
PROPERTY; THENCE NORTH 70°43'22" EAST ALONG THE NORTHERLY LINE OF SAID
SUBJECT PROPERTY, A DISTANCE OF 14.35; THENCE SOUTH 26°32'03" WEST 49.84
FEET TO THE BEGINNING OF A CURVE TO THE LEFT HAVING A RADIUS OF 328.09
FEET; THENCE ALONG THE ARC OF SAID CURVE PASSING THROUGH A CENTRAL
ANGLE OF 24050'00" AN ARC DISTANCE OF 142.20 FEET; THENCE SOUTH 01°42'03"
WEST 242.09 FEET TO THE SOUTH LINE OF SAID SUBJECT PROPERTY; THENCE
NORTH 87014'43" WEST 10.00 FEET TO THE POINT OF BEGINNING.
SITUATE IN THE COUNTY OF SNOHOMISH, STATE OF WASHINGTON.
CONTAINING 4,311 SF
ATTACHMENT 2
Packet Pg. 67
WONG RESIDENCE
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LEAD DESIGN PROFESSIONAL
DESIGNATION AND STATEMENT;
WE HAVEREVIEWED THE GEO TECHNICAL REPORT, UNDERSTAND ITS'RECOMMENDATIONS, AND
HAVE INCORPORATED INTO THE DESIGN THE ESTABLISHED MEASURES TO REDUCE THE POTENTIAL
RISK OF INJURY OR DAMAGE FROM ANY EARTH MOVEMENT PREDICTED IN THE REPORT
,A' CITY OF EDMONDS
,6 GIS INFORMATION
/� 20
/ 22A
R / FND REBAR &CAP
/��0"GROUP 4"
SITE PLAN
SCALE- 1 "=30'
IN
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Sv�p�1
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NW 1/4, NW 1 /4, SEC 08, T 27 N, R 04 E, W. M.
AREA INVENTORY;
Proposed Hard Surface Summary
Description
Area (sf)
Area (ac)
Disturbed AreaOnsite
21,695
0.498
Rooftop
5,718
0.131
Deck Surface (E+S)
830
0.019
Driveway
4,999
0.115
5E Retaining Wall
155
0.004
Total Proposed Hard Surface
11,702
0.269
Total Pervious Surface (Lawn)
9,992
0.229
M \
� x
f \
192 £ r \ APPROX. LOCATION OF 4" DI
XWATER LINE PER CITY OF
EDMONDS GIS MAP
ATTACHMENT 2
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RIM=202.77
CTR
\ CHNL=198.28
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20. 4
REFERENCES;
PROJECT TEAM;
OWNER/PRIMARY CONTACT -
A L WN & TINA WONG
A & T DREAMS, LLC
3606 71ST AVE NE
MARYSVILLE, WA 98270
EMAIL: AL V/NWONGOA TDREAMSLLC. COM
PROJECT ARCHITECT
9TH FLOOR DESIGN
GOS/A THURFJELL
KIRKLAND, WA
PH: (425) 802-6776
EMAIL: GOSIA09THFLOORDESIGN. COY
PROJECT CIVIL ENGINEER.•
PA TRICK HARRON & ASSOCIATES, LLC
SCHW/N CHAOSILAPAKUL, PE
14900 INTERURBAN AVENUE S 11279
SEA TILE, WA 98168
PH- (206) 674-4659
EMAIL: SCHW/N@PA 7R/CKHARRON. COM
PROJECT INFORMATION;
DEVELOPMENT DATA:
PROJECT SURVEYOR -
ACREAGE LAND SURVEYING
24225 107TH PL. W,
EDMONDS, WA 98020
PH,- (206) J26-9912
PROJECT ENVIRONMENTAL CONSULTANT
ANNAMAR/A CLARK
RAEDEKE ASSOC/A TES, INC.
2111 N. NORTHGA TE WAY, ST .. 219
SEA TTLE, WA 98133
PH: (206) 525-8122
EMAIL: ACLARKORAEDEKE.COM
PROJECT GE07ECHNICAL ENGINEER:
GEOLOGICAL & GEOTECHN/CAL CONSULTING
GARY FLOWERS, PLLC
5205 23RD A VE W
EVERETT, WA 98023
PH: (206 819-4304
EMAIL: GFLOWERSO1000MCAST.NET
PROJECT NAME
WONG RESIDENCE
PROPERTY AREA
100,466 SF (2.31 AC)
ROW DED/CA 77ON
4, 311 SF (0.10 AC)
PROPERTY AREA POST DED/CA 77ON
96,155 SF (2.21 AC)
PROPERTY ADDRESS
16516 74TH PL W
EDMONDS, WA 98026
PARCEL NUMBER
00513100009006
ZONED
RS-20
BUILDING SETBACKS.
FRONT YARD (STREET)
25 FT
SIDE YARD
35 FT (10 FT MIN.)
REAR YARD
25 FT
LOT COVERAGE (BLDG)
359 (MAX)
UTILITIES.
SEWER
CITY OF EDMONDS
WA TER
CITY OF EDMONDS
POWER
SNOHOMISH COUNTY POD
SCHOOLS
EDMONDS
FIRE DISTRICT
CITY OF EDMONDS
LEGAL DESCRIPTION:
TRACTS 91, 92 AND 93, PLAT OF MEADOWDALE BEACH, ACCORDING TO THE PLAT THEREOF
RECORDED /N VOLUME 5 OF PLATS, PAGE 38, RECORDS OF SNOHOMISH COUNTY, WASH/NTON
L Y/NG SOUTH OF THE FOLLOWING DESCRIBED LINE -
BEGINNING A T THE INTERSECTION OF THE EAS7ERL Y MARGINAL LINE OF 75TH PLACE WEST AND
THE ARC OF A CURVE TO THE RIGHT, SAID CURVE HAVING A RADIUS OF 1452.29 FEET, AN
ARC DISTANCE OF 137. 40 FEET; THENCE CON77NIUlNG SOUTHERLY ALONG SAID EAS7ERL Y
MARGIN LINE OF 75TH PLACE WEST AND THE ARC OF SAID CURVE TO THE RIGHT N ARC
DISTANCE OF 123.36 FEET TO THE POINT OF TANGENCY OF SAID CURVE, SAID TANGENT
BEARING SOUTH 2475' WEST; THENCE SOUTH 2475' WEST AND CONTINUING ALONG SAID
EASTERL Y MARGIN LINE OF 76TH A VENUE WEST, 55.2 FEET THE POINT OF BEGINNING OF SAID
BOUNDARY LINE; THENCE NORTH 6826'19" EAST 132.84 FEET TO THE END OF SAID LINE.
SI TUA TE IN THE COUNTY OF SNOHOMISH, STA TE OF WASHINGTON.
P'11 A T/ / A /.
VERTICAL DATUM - NA VD88
HORIZONTAL CONTROL (BASIS OF BEAR/NGS) - STATE PLANE COORD/NA TE SYSTEM NORTH
ZONE PER GPS OBSERVA 77ONS /N WASH/NGTON STA TE REFERENCE NETWORK.
CRITICAL AREA, EASEMENT & DEDICATION
CALLOUTS:
1. 50' STREAM BUFFER. PROVIDE PERMANENT S/GNAGE ALONG BUFFER PER ECDC
23.50.040.H.
2. 60' WETLAND BUFFER. PROVIDE PERMANENT SIGNAGE ALONG BUFFER PER ECDC
23.50.040.H.
J. S7EEP SLOPE (>401Z AND >10' H). SHOWN FOR PORTIONS WITHIN 50-FT OF AREA OF
WORK ONLY. THERE ARE STEEP SLOPES WITHIN THE SOUTHERN POR77ON OF THE
PROPERTY NEAR 76TH AVE W AND 74TH PL W NOT DELINEATED ON PLANS
4. PROPOSED 10' SANITARY SEWER EASEMENT CENTERED ON EXISTING MAIN.
5. 10' RIGHT -OF -WA Y DED/CA 770N.
6. 15' TOP OF STEEP SLOPE BUILDING SETBACK.
7. 15' STREAM BUFFER BUILDING SETBACK.
CRITICAL AREA NOTES:
1. 774E SUBJECT PROJECT /S LOCA TED W/7HIN THE EARTH SUBSIDENCE LANDSLIDE HAZARD
AREA. IN ACCORDANCE WITH ECDC 19.10.080, "REQUESTS FOR EARLY SITE ACCESS /N
ADVANCE OF BUILDING PERMIT APPROVAL OR /N THE 77ME PERIOD BETWEEN OCTOBER
1ST AND APRIL 307H FOR ANY PURPOSE SHALL BE SUBMITTED TO 174E BUILDING OFFICIAL
ACCOMPANIED BY WRITTEN CONCURRENCE OF THE OWNER/APPLICANT'S GEOTECHN/CAL
ENGINEER OF RECORD."
1. ARCHITECTURAL PLANS, BY 97H FLOOR DESIGN.
2. BOUNDARY AND TOPOGRAPHIC SURVEY, BY ACREAGE LAND SURVE)ING.
J. WETLAND REPORT, BY RAEDEKE ASSOCIATES.
4. GE07ECH REPORT, BY GARY A. FLOWERS, PLLC
CALL 4 % HrOUH1S
10 EII1 1 Y O D10
N SOURCE:
GOOGLE
PROJECT
3 SITE
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VICINITY MAP
SCALE: NTS
SHEET LIST
SHEET #
NAME
DESCRIPT10N
1
C1.0
COVER SHEET & SITE PLAN
2
C1.1
NOTES & SITE DETAILS
3
C2.0
TESC PLAN
4
C2.1
TESC DETAILS
5
C3. 0
GRADING, STORM & U77LITY PLAN
6
C3.1
GRADING, STORM & U77LITY DETAILS
7
C3.2
GRADING, STORM & U77LITY DETAILS
® SITE CALLOUTS:
1. EXIS77NG PROPERTY BOUNDARY, T'P.
2. PROPOSED BUILDING FOOTPRINT, TYP.
J. PROPOSED BUILDING ROOFL/NE, TIP.
4. BUILDING SETBACK LINE, TYP. SEE PROJECT INFORMATION FOR MINIMUM SETBACKS.
5. EXIS77NG TREES TO BE PROTECTED -IN -PLACE UNLESS OTHERWISE NOTED, TYP (SEE
ARCH17FCWAL PLANS AND ARBORIST REPORT FOR LIMITS OF DISTURBANCE AND TREE
PROTECTION).
6. PROPOSED 16. 0' WIDE CONCRETE DRI VEWA Y, PER C/TY OF EDMONDS STD. PLAN NO.
TR-546 (SEE DETAIL 5, SHEET C1.1).
7. PROPOSED DECK (W/ ROOF).
8. PROPOSED DECK (W/0 ROOF).
9. PROPOSED CONCRETE DRI VEWA Y/PARKING AREA.
10. INSTALL BLOCK RETAINING WALL, LESS THAN 4.0' EXPOSED FACE (BY OTHERS). SEE
SHEET C3.0 FOR TOP/BOTTOM OF WALL ELEVATIONS AND WALL DRAINAGE SYSTEM. NOTE
THAT WORK /N THIS STEEP SLOPE CRITICAL AREA HAS BEEN REVIEWED AND APPROVED
BY THE PROJECT GEOTECH.
11. INSTALL PA VEMENT PA TCH, PER CITY OF EDMONDS STD. PLAN NO. GU-410 (SEE DETAIL
2, SHEET C1.1).
12. INSTALL ASPHALT SIDEWALK, PER CITY OF EDMONDS STD. PLAN NO. TR-530 (SEE DETAIL
3, SHEET C1.1).
13. INSTALL CONCRETE CURB & GUTTER, PER CITY OF EDMONDS STD. PLAN NO. 77?-520 (SEE
DETAIL 4, SHEET C1.1).
14. 1 ELECTRIC VEHICLE (EV) READY PARKING SPACE /N GARAGE PER ECDC lZ115.040.B.
SITE NOTES:
1. EX/SING, FAILING, DAMAGED OR NON-ADA COMPLIANT FRONTAGE IMPROVEMENTS SHALL
BE REMOVED AND REPLACED AS DETERMINED BY THE CITY ENGINEERING INSPECTOR, TIP.
2. ANY DAMAGE TO EXISTING ROADWAY DUE TO HAULING, MACHINERY, ETC. WILL NEED TO
BE REPAIRED/RESTORED TO CITY STANDARDS. FULL ROAD OVERLA Y MA Y BE REQUIRED.
RESTORATION LIMITS TO BE DETERMINED BY THE CITY INSPECTOR, TYP.
J. UTILITY PATCHES WITH LESS THAN 20-FEET OF SEPARA 77ON SHALL BE COMBINED AND
FULL WIDTH OR HALF WIDTH OVERLAY WILL BE REQUIRED DEPENDING ON THE EXTENT OF
DISTURBANCE. WHERE UTILITY PATCHES FALL ENTIRELY WITHIN ONE IRA VEL LANE, THE
0VERLA Y SHALL EXTEND TO THE CENTERLINE OF THE ROADWAY. WHERE UTILITY PATCHES
EXTEND INTO BOTH TRAVEL LANES THEN A FULL WIDTH OVERLAY /S REQUIRED.
4. ALL FINAL RESTORA TION W/TH THE RIGHT -OF -WA Y SHALL BE COMPLETED BY THE
CONTRACTOR NOT THE CITY OF EDMONDS.
STORM DRAINAGE CALLOUTS: ®
1. PROPOSED STORM DRAINAGE SYSTEM, TIP (SEE SHEET C3.0 FOR DRAINAGE PLAN).
® UTILITY CALLOUTS:
1. PROPOSED DOMESTIC WA 7ER SYSTEM, TYP (SEE SHEET C3.0 FOR WATER PLAN).
2. PROPOSED SANITARY SEWER SYSTEM, TYP. (SEE SHEET C3.0 FOR SEWER PLAN).
J. DRY U77L/TIES (BY 07HERS).
4. PROPOSED 6" WA TERMA/N EXTENSION (SEE SHEET C3.0, FOR WA 7ER PLAN).
THE CONTRACTOR SHALL BE FULLY RESPONSIBLE FOR THE LOCATION
AND PROTECTION OF ALL EXISTING UTILITIES. THE CONTRACTOR
SHALL VERIFY ALL UTILITY LOCATIONS PRIOR TO CONSTRUCTION BY
CALLING THE UNDERGROUND LOCATE LINE AT 1-800-424-5555 OR
811 (CELL) A MINIMUM OF 48 HOURS PRIOR TO ANY EXCAVATION.
APPROVED FOR CONSTRUCTION
CITY OF EDMONDS
DATE:
BY:
CITY ENGINEERING DIVISION
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PARCEL NO.
00513100009006
LINE TABLE
LINE
LENGTH
BEARING
L1
63.17
S74'44'55"W
L2
119.57
S19*15'20"W
L3
87.17
S77'15'33"W
L4
9.63
N01'42'03"E
L5
70.75
S77'15'33"W
L6
119.01
N19'15'20"E
L7
73.63
N74'44'55"E
L8
20.00
S15°25'26"E
CURVE TABLE
CURVE
LENGTH
RADIUS
I DELTA
Cl
11.07
1 338.09
1 1'52'33"
8902
9400
8803
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SCALE - 1" = 100'
ACREAGE
LAND
SURVEYING
24225 107TH PL. W.
EDMONDS, 98020 (206) 326-9912
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