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PLN20130071 Main Application Materials.pdfCity of Edmonds Land Use Application PL-NZu130C71 ❑ ARCHITECTURAL DESIGN REVIEW FOR OFFICIAL USE ONLY ❑ COMPREHENSIVE PLAN AMENDMENT ❑ CONDITIONAL USE PERMIT FILE # 2 ZONE 9--CJ '19 ❑ HOME OCCUPATION DATE ' w y ! REC'D BY C4 ❑ FORMAL SUBDIVISION X: n SHORT SUBDIVISION FEE J 3 J RECEIPT # ❑ LOT LINE ADJUSTMENT HEARING DATE ❑ PLANNED RESIDENTIAL DEVELOPMENT ❑ OFFICIAL STREET MAP AMENDMENT ❑ HE STAFF ❑ PB ❑ ADB ❑ CC ❑ STREET VACATION U REZONE C SHORELINE PERMIT ❑ VARIANCE / REASONABLE USE EXCEPTION ❑ OTHER: * PLEASE NOTE THAT ALL INFORMATION CONTAINED WITHIN THE APPLICATION IS A PUBLIC RECORD • PROPERTY ADDRESS OR LOCATION 22405 96th Avenue W. PROJECT NAME (IF APPLICABLE) Jessica Ko-Dalzell Short Subdivision PROPERTYOWNER Jessica Ko-Dalzell PHONE# 206-498-0304 Rob Knoles (rep) ADDRESS 21213 S.E. 40th Place, Sammamish, Washington 98075 E-MAIL rknoles@gmail.com FAX# TAXACCOUNT# 00544300010700 SEC. 25 TWP. 27 RNG. 03 DESCRIPTION OF PROJECTOR PROPOSED USE (ATTACH COVER LETTER AS NECESSARY) See attached DESCRIBE HOW THE PROJECT MEETS APPLICABLE CODES (ATTACH COVER LETTER AS NECESSARY) The proposal meets all bulk requirements except two, lot width and side yard setback for Lot 1. (See attached modification request) APPLICANT Jessica Ko-Dalzell PHONE# 206-498-0304 Rob Knoles (rep) ADDRESS 21213 S.E 40th Place, Sammamish, Washington 980075 E-MAIL rknoles@gmail.com FAX# Jeffrey T. Treiber CONTACT PERSON/AGENT Love ll-Sauerland & Assoc. PHONE# 425-775-1591 ADDRESS 19217 36th Avenue W., Suite 106, Lynnwood, WA 98036 E-MAIL JeffT@LSAengineering.com FAX# N/A The undersigned applicant, and his/her/its heirs, and assigns, in consideration on the processing of the application agrees to release, indemnify, defend and hold the City of Edmonds harmless from any and all damages, including reasonable attorney's fees, arising from any action or infraction based in whole or part upon false, misleading, inaccurate or incomplete information furnished by the applicant, his/her/its agents or employees. By my signature, I certify that the information and exhibits herewith submitted are true and correct to the best of my knowledge and that I am authorized to file this application on behalf of the owner as listed below. l r/ 1 SIGNATURE OF APPLICANT/AGENT4_A pa DATE Property Owner's Authorization JI, OSS I C C- ,k0 — L—k 1 j�i - I / , certify under the penalty of perjury under the laws of the State of Washington that the following is a e and correct statement: I have authorized the above Applicant/Agent to apply for the subject land use application, and grant my permission for the public officials and the staff of the City of Edmonds to enter the subject property for the purposes of insp ction and posting attendant to this application. SIGNATURE OF OWNER DATE &113 Questions? Call (425) 771-0220. Revised on 8122112 B - Land Use Application Page 1 of I - - - - - - - - - - - - i--- t EX. PON PIPE 1HT1 1 CONCRETE AND TACK, Pt CASING f I I I I � ! I r �A, (n I I�� I A� 0 bA �a 7 Y l40 I I I s 'Cll a I I € I ig 224th STREET S.W. _ (BASIS OF BEARINGS) ------ ------ --------------------- t I I I � I I ZONING : R8-8 L---------------- I I-Lx�wRs. I 6CSN3:40NdfGR t ! e � cos, �Ie60E - NRpA'Oa, Ure � ) � I •\ n � — .<Rw a A� PATnUA Armes ( G I 2 I LEGEND —CM SEWER MANHOLE o^ UTILITY POLE 8 ®M CATCH BASIN MANHOLE -OF GUT ANCHOR POLE 13u CATCH BASIN po ELECTRICAL BOX 0'° YARD DRAW M'a TELEPHONE PEDESTAL 0 STORM DRAIN CIEANOUT na*+ CABLE TV BOX 0 m SANITARY SEWER CLEINOtT PV POWER VAULT �r WATER VALVE Q--1TM% LUMINAIRE FIRE HYDRANT j.[M AREA LIGHT I, IRMA71ON CONTROL VALVE —1A` GUY ANCHOR R5. WATER SPIGOT H/C HANDICAP RAMP Pe WATER BLOW -OFF a SIGN AS NOTE) or WATER METER A--K--IR FENCE AS NOTED 0. SPRINKLER MAILBOX Pp GAS VALVE • BOLLARD E? GAS METER LiPp ROCKERY —SD— STORM SEVER LINE 1 WETLAND MG —SS— SANITARY SEWER LINE TREE AS NOTED —W— WATER LINE E — ELECTRICAL UNE ASPHALTIC CONCRETE PAVEMENT —T— 7EUDNIONE LINE CEMENT CEMT CONCRETE PAVPUENT —G— GAS LINE —CFI— OVERHEAD UTILITY LINES INDICATES POTENTIAL NAIVE LANDSCAPE AREA SP-S-2 04--133 ! i CAP. 1 I- I ti L� I 1 NEW PARCEL LEGAL DESCRIPTIONS PARCEL 1 THE WEST 118-75 FEET OF LOT 107. PINECREST, AS PER PLAT RECORDED N '.LIUNE 13 OF PUTS, PAGE 55. RECORDS OF SNOHOMISH COUNTY. WASHINGTON. EXCEPT THE SOUTH 15 FEET THEREOF. PARCEL 2 LOT 107. PNECREST, AS PER PUT RECORDED R+ VOLUME 13 OF PUTS. PALE 55. RECORDS OF SNOHOMISH COUNTY, WASHNOM4. EXCEPT THE WEST 118.75 FEET THEREOF. TOGETHER WITH SOUTH 15 FEET OF THE WEST 1'&75 FEET OF SAID LOT 107. ET. 2' AS DISC MORUVEHTMTN\ PUN 2' MAW. I DISC IAND 1 FLINCH HARK. IN CAGING N WNRXNCe. Y Q W E L A S POEM SCALE : I'-20' 0' 5' 10' 20' 30' 40' iaor . Aom ua°Ni«irJiOPaA�.n I Iw¢n Na ues1MT I ZONING : R8-8 ! 0 L I I I S--a7�50 I I (AEA 070 a v 401157) I I I I I I EX. IRON PIPE N 42.3f W-0.2' N`�"naR sf0",MJ°ioo°' ib A, BASIS OF BEARINGS THE CENTERUNE OF 22M STREET S.W. BETWEEN MONUMENTS LOCATED AT THE INTER -SECTION OF 96TH AVENUE W. AND 95TH AVENUE W. PER PLAT OF FIE CREST BENCH MARK SPIKE N UTILITY POLE LOCATED APPROXIMATELY 63 FEET SOUTH OF THE SOUTHWEST PROPERTY CORNER. (PER SHORT PUT S-2004-133, AF. NO. 200510065356) ELEVATION : 390.99 DATUM : NAVE 1988 NOTES 1. THE EXISTWO RESIDENCE IS TO REMAIN. 2. ALL UTIUTES PROVIDING SERVICE TO THE PROPERTY MUST BE UNDERGROUND. 3 STORM WATER DETENTION FACILITIES WILL BE PROVIDED N ACCORDANCE WTH CITY REOULREME7NTS 4. NO CRITICAL AREAS ARE LOCATED ON THE PROPERTY. A WAIVER - WAS ISSUED AUGUST 15, 2013 UNDER FILE NUMBER CRA20130083. 5. THE APPLICANT HAS RE9UESIEO TWO MODIFICATIONS FOR THE SUBDIVISION. THE MODIMATONS ARE FOR THE LOT WIDTH FOR LOT I TO 60.36 FEET AND A REDUCTION N THE SETBACK TO *5.8 FEET ON THE SOUTH SIDE OF THE EXISTING HOUSE NEON NOY m 7 2013 DEVELOPMENT SERV10- COUNTER VICINITY MAP SCALE: 1" r 1320' (APPROX.) OWNER/APPLICANT JESSICA KO-DALZELL 21213 SE 40TH PLACE RAMUAu1sH, WA 98075 CONTACT: ROB KNOLLS PHONE : 206-498-0304 E-MAIL ; ROWNCLESOGMAILCOR ZONING RS-8 PARCEL NUMBER 00544300010700 PROPERTY AREA 16.575 SO FT. OR 0.38 ACRES PROPERTY ADDRESS 22405 957H AVDWE W. POLICE PROTECTION ENGINEER/SURVEYOR CONTACT.- AVFREY TREMER LOVEL-SAJERLAND & ASSOCIATES. INC. 19217-35TH AVENUE W. SUITE 106 LYNNWOOD. WA SWISS PH.: 425-775-1591 E-MAIL JEFrl SADHONEERINGCOM WATER SERVICE OLYMPIC NEW WATER & SEWER DISTRICT TELEPHONE YER IZON ELECTRICITY P.U.D. No. I OF SNOHOMISH COUNTY SANITARY SEWER SERVICE OLYMPIG VIEW WATER & SEWER DISTRICT FIRE PROTECTION CITY OF EDMONDS STY OF EDMONDS PUBLIC SCHOOLS NATURAL GAS EDMONDS SCHOOL DISTRICT NO. 15 PUGET SOUND ENERGY LEGAL DESCRIPTION LOT 107 OF PINECREST, AS PER PUT RECORDED W VOLUME 13 OF PLATS, PAGE 55. RECORDS OF SNOHOMISH COUNTY AUDITOR; SITUATE N THE CITY OF EDMONDS. COUNTY OF SNOHOMISH. STATE OF WASHINGTON. ALL SUBJECT TO EASEAEHS. RESTRICTIONS AND RESERVATIONS OF RECORD. TITLE ENCUMBRANCE THE PROPERTY IS SUBJECT 70 COVENANTS, CONDITIONS AND RESTRICTIONS IMPOSED BY DEED RECORDED UNDER AUDITOR'S FILE NUMBER 132982t, T • +1� � 'NNING QFfJT PRELIMINARY SHORT PLAT FOR JESSICA KO-DALZELL IN SE1 /4, SE1 /4 OF SEC. 25, T.27N., R.3E., W.M. CITY OF EDMONDS SNOHOMISH COUNTY, WASHINGTON 4QQ4�T• rp� f SHEET 1 OF 1 a •ma`s m Lovell—Sauerland &Associates, Inc. L ®— EMgmeers/SUYTeyers/Pl M ers/De dopmmt Consliltants ®� a -mail: inf.01—ngimecring.mm web: lsaengineeRtng.eom Isco® 19217 36th Awane W.. SwtI, LOS • IAyvnwo0d. TA 90036 (.125)775-1591 7 L RAT& D. tffiCE'D DAtE T.H. sCAiB THE N0. KAM .TT. 3-31-V3 s32 _7D 5417-0-13 nA •C � AQn' �a �� pv �y EX. IRON PIPE YAIH— COHCRE7E AND TACK, N CASING I 224th STREET S.W. (OASIS OF BEARNOS) 88'20'13• W-459.BB' 46&. 7 (P) -_ _ - - - - - - - - - - - - - - - - - 1 i I I I W544Ysy1!etl, I �� I L---- --� LR �J �I r---------------1 EX. 4covcMONUMENT NTH 2- USCS PUNCH MARK. IN CAM. I KHNl �dFN}ws3T I IY �Z I I L---------------J op 1 N 88'22'40• W-2'J0 SP) "W N e822'3B• W-200.0-8 89 \ !� T ' LDOS7W1 G ! x. I RESIODR ItI r--------- NEW SFR I I 2 11 �" aTx�R«re'a'Xium I L .j 8.575 son I I I xaan ud 161MR ( g!%. a' I 8.000 1wc+C I / _-"-0 �� 1• I�I(TM11:LL) /oS _ '� �TOOi �W / � � I g p I '( 1 ! isr TOT J (Af• 0700040?�57) _ i I I c� JE0.7 N 8872 28 W-201.59' _'�1 N 8B'22'10' W-201.64' P - - -_--- -— f EX FON PWE CAPPED REBAIR 40O 6•. (, i EX- CAPPED SAMPEO r - - N 423. w-0.2 STAMPED i-. S 39'32' W-02' I ' I I2 I I - I e I' �N� a i I �: I P I I V I I I I i � E LEGEND SEWER MMHOE -0!, UTILITY POE Q :' CATCH RASH MANHOLE -C GUY ANCHOR POLE ❑ `s CATCH BASIN Do ELECTRICAL BOX YARD ORAN D— 7ELL-IME PEDESTAL o �O' STORM GRAIN CLEANOiT 0— CABLE TV BOX o MO0 SANITARY SEWER CEANO T PV POWER VAULT DES WATER VALVE WMNAIRE FIRE HYDRANT 7XM AREA LIGHT oA` IRRIGATION CONTROL VALVE —Ir` GUY ANCHOR d*s WATER SPIGOT H/C HANDICAP RAMP W WATER BLOW -OFF Ja SIGN AS N07ED ®v WATER METER s--k—X FENCE AS NOTED 0> SPRINKLER MAILBOX pX GAS VALVE • BOILARO E} GAS METER LJOZI:7 ROCKERY —SD— STORM SEWER UNE r WETLAND MG —SS— SANITARY SEWER UNE TREE AS NOIEO —W —WATER LINE —E— ELECTRICAL UHE AS'H— CONCRETE PA---T — T — IELEPHO'll LINE CEMENT CONCRETE PAVEMENT —G— NATURAL AS LINE CH OVERHEAD UTILITY ONES INDICATES POTENTIAL NATWE LANDSCAPE AREA SP-S-2 04-130 = (A F. 2000r100 e 830t�) 1 tT � j I NEW PARCEL LEGAL DESCRIPTIONS PARCEL I THE WEST 118.75 FEET OF LOT 107. PNECREST. AS PER PUT RECORDED N VOLUME 43 OF PUTS. PACE 55. RECORDS OF SNOHOMISH COUNTY. WASHINGTON. EXCEPT THE SOUTH 15 FEET THEREOF. PARCEL 2 LOT 107. PNECREST, AS PER PUT RECORDED IN VOLUME 13 OF PLATS, PAD: 55, RECORDS OF SNOHOMISH COUNTY. WASHINGTON. EXCEPT THE WEST 118.75 FEET THEREOF. TOGETHER WITH SOUTH 15 FEET OF THE WEST 110.75 FEET OF SAID LOT 107. BASIS OF BEARINGS THE CENTERLINE OF 224TH STREET SW. BETWEEN MONUMENTS LOCATED AT THE INTERSECTION OF 96TH AVENUE W. AND 957H AVENUE W. PER PUT OF FINE CREST BENCH MARK SPIKE N U11UTY POLE LOCATED APPROXIMATELY 83 FEET SOUTH OF THE SOUTHWEST PROPERTY CORNER. (PER SHORT PUT S-200"33. AF. NO. 20051OD653%) ELEVATION : 390.99 DATUM : RAID 19811 E iF. VICINITY MAP SCALE: 1' - 1320' (APPROX.) OWNER/APPLICANT VICINITY MAP SCALE: 1' - 1320' (APPROX.) OWNER/APPLICANT ENGINEER/SURVEYOR .ESSICA KO-DALZELL CONTACT .EFFREY TREIBER 21213 SE 40TH PLACE LOVELL-SAUERLAND & ASSOCIATES. INC. SAMMAMISH, WA. 98075 CONTACT: ROB KINDLES 192t7-35TH AVIONUE W. SUITE IDS LYNNWOOD. WA 9BO35 PHONE : 206-498-0304 E-MAIL: ROWNCESOGMILCOM PK: 425-7T5-1591 E-MAIL' JEFTTOLSAENGNEERNG.COM ZONING WATER SERVICE RS-8 OLYMPIC HEW WATER & SEWER DISTINCT PARCEL NUMBER TELEPHONE 00544300010700 VRIZOR PROPERTY AREA ELECTRICITY 16.575 SO. FT. OR 0.38 ACRES F.U.0..40. 1 OF SNOHOMISH COUNTY PROPERTY ADDRESS SANITARY SEWER SERVICE 2J.405 95TH AVENUE W. OLYMPIC VIEW WATER & SEWER DISTRICT POLICE PROTECTION FIRE PROTECTION CITY OF EDMONDS CITY OF EDMONDS PUBLIC SCHOOLS NATURAL GAS EDMONDS SCHOOL OIS1PoCT NO. 15 PUGET SOUND ENERGY LEGAL DESCRIPTION LOT 107 OF PINECREST, AS PER PUT RECORDED IN VOLUME 13 OF PLATS. PAGE 55. RECORDS OF SNCHOLIISH COUNTY AUDITOR: SITUATE IN TIIE CITY OF EDMONDS, COUNTY OF SNOHOMISH. STATE OF WASHINGTON. ALL SUB.ECT TO EASEMENTS. RESTRICTIONS AND WSI RVATKNS OF RECORD. NOTES 1. THE EXISTING RESIDENCE IS TO REMAIN. 2. ALL UTILITIES PROVIDING SERVICE TO THE PROPERTY MUST BE UNDERGROUND. 3. STORM WATER DETENTION FACIUTES VML BE PROVIDED IN ACCORDANCE WITH CITY REQUIREMENTS 4. NO CRITICAL AREAS ARE LOCATED ON THE PROPERTY. A WAIVER WAS ISSUED AUGUST 15, 2013 UNDER FILE HLUSER CRA20130083. 5. THE APPLICANT HAS REQUESTED TWO MODIFICATIONS FOR THE SUBDIVISION. THE MODIFICATIONS ARE FOR THE LOT WIDTH FOR LOT i TO 60.36 FEET AND A REDUCTION IN THE SETBACK TO 15,8 FEET ON THE SOUTH SIDE OF THE EXISTING HOUSE NOV —'l 2013 PLANNING Dr PRELIMINARY DEVELOPMENT PLAN FOR JESSICA KO—DALZELL IN SE1/4, SE1/4 OF SEC. 25, T.27N., R.3E., W.M. CITY OF EDMONDS SNOHOMISH COUNTY, WASHINGTON SHEET 1 OF 1 Lovell—Sauerland & Associates, Inc. L ®— rDgiueeTs/SMRverora/l lannersJDerelopment C—ultwts e-m•R. fnto9Lwengi¢eeLBXg com • wb: IsacD&.rtng—m 19217 36th AVonuo lT.. Sutc 106 • I,7nnwool WA 98036 (425)775-1591 DRL10: ❑e<iED IMTIL F.B. SCAI, . FDF. IO. KPM J.TT. '3-31-13 532 +•�2D• SLIT-0-13 U Lovell-Sauerland and Associates, Inc. Phone: 425-775-1591 EN GINEERS / 8 0 R V E Y O R S Z 19217 — 36th Avenue West, Suite 106 info@lsaengineering.com Lynnwood, Washington 98036 LSAengineering.com Surveyors / Engineers / Planners / Development Consultants October 24, 2013 ,E t Jessica Ko-alzell Short Subdivision Narrative Background: DEVELOPMENT ES COUNM The property is located in the subdivision of Pine Crest a plat recorded in February 1951. The subdivision was completed under the Snohomish County jurisdiction. The property is approximately 82.38 feet by 201.24 feet and comprises 16,575 square feet. The property address is 22405 96th Avenue W. The site currently has one single family residence located on the westerly portion of the property. The original home was constructed in 1967 according to the County Assessor's records. Many of the similarly sized parcels in the immediate vicinity have been further subdivided. The site is relatively level drops approximately 4 feet from 96th Avenue W. on the west to the eastern property line for an average grade of about 2 percent. The site is now predominately covered by lawn with ornamental landscaping located on the westerly portion of the property. There are no critical areas on or adjacent to the site. The property has been issued a waiver for critical areas. All necessary public utilities are available to the property and located in the adjacent street. The property was annexed to the City of Edmonds October 16, 1995. The current Comprehensive Plan designation is Single Family — Urban 1. The implementing zones for this designation are RS-6 and RS-8. This property has been zoned RS-8 consistent with the comprehensive plan. The current density is 2.63 dwelling units per acre which is well below the 4 dwelling units minimum target identified in the comprehensive plan. 11 11 1101 11 - • The instant proposal is for the subdivision of the property into two lots to allow for the construction of one additional residence behind the existing home on the east side of the property. No specific plan for the new home is available at this time. The lot sizes will be 8,000 sq. ft. for Lot 1 and 8,575 sq. ft for Lot 2. Lot 2 will include a panhandle located along the south boundary to provide access to the building site. The resultant density will be 5.26 dwelling units per acre which is below the 5.5 dwelling units per acre maximum 'density prescribed in the comprehensive plan. All requisite utilities and services are readily available to serve the new residence. Storm water will managed by a storm water system in accordance with the City of Edmonds regulations. As the site is relatively flat grading will be minimal to facilitate the development. The project as proposed will require two minor modifications to the bulk requirements as outlined in the modification request included with the application. It will meet all other regulations. immm U Lovell-Sauerland and Associates, Inc. Phone: 425-775-1591 E N Q N E E R S s o s® z 19217 — 36th Avenue West, Suite 106 info@lsaengineering.com Lynnwood, Washington 98036 LSAengineering.com Surveyors / Engineers / Planners / Development Consultants Assigned Staff October 24, 2013 Edmonds Community Development LSA No. 5417 121 — 5th Avenue North Edmonds, WA 98020 Re: Ko-Dalzell Short Plat NOV ®7 2013 Modification Request — Lot Width and Side Yard DEVELOPMENT SERVICES Introduction: COUNTER This letter seeks consideration of a combined lot -width and side -setback modification, and outlines the proposal's compliance with adopted criteria for approval. In the two -lot short subdivision request, Lot 1 is proposed to be 67.36 feet in width, a reduction of 2.34 feet. Further the side setback from the existing home to the new panhandle providing access to Lot 2 will be 5.8 feet not the requisite 7.5 feet. Both criteria of the combined request are elements of ECDC 16.20.030 - Table of site development standards, however, Chapter 20.85 recognizes not every situation allows absolute conformance: 20.75.075 Modifications. A. Request. Request for a modification to a requirement of this chapter shall be made on the regular subdivision application form. The applicant shall state reasons to support the approval of the requested modification. B. Notice. The notice of the public hearing at which the applicant's proposed subdivision will be considered shall contain a description of the proposed modification. C. Consideration. The proposed modification shall be considered in the same manner as the proposed subdivision. The modification may be approved, or recommended for approval, only if all of the required findings set forth in Chapter 20.85 ECDC (Variances) can be made. [Ord. 3211 § 6, 1998]. This request is noted on the application form. There should be no public hearing for the request, rather administrative review per short subdivision procedures. Variance criteria are noted below: 20.85.000 Scope. A variance to any requirement of the zoning ordinance (ECDC Titles 16 and 7 except use and procedural requirements may be approved when the findings required by this chapter can be made. This variance request relates specifically to ECDC 16.20.030, and qualifies for variance consideration. Edmonds code also provides guidance toward review and approval of any individual application: 20.85.010 Findings. No variance may be approved unless all of the findings in this section can be made. A. Special Circumstances. That, because of special circumstances relating to the property, the strict enforcement of the zoning ordinance would deprive the owner of use rights and privileges permitted to other properties in the vicinity with the same zoning. 1. Special circumstances include the size, shape, topography, location or surroundings of the property, public necessity as of public structures and uses as set forth in ECDC 17.00.030 and environmental factors such as vegetation, streams, ponds and wildlife habitats. 2. Special circumstances should not be predicated upon any factor personal to the owner such as age or disability, extra expense which may be necessary to comply with the zoning ordinance, the ability to secure a scenic view, the ability to make more profitable use of the property, nor any factor resulting from the action of the owner or any past owner of the same property; While the site includes sufficient area contained within its existing boundary, placement of a 1967 home does not allow the City's standard, 15-foot panhandle for Lot 2 and the required 7.5 foot side yard setback (see plans). Combining elements from ECDC 16.20.030, we propose reducing two elements from the bulk table — an 5.8 foot side -yard setback for Lot 1 as well as a reduced lot width to 67.36 feet. The special circumstance is placement of the home on the lot from 1967. When this home was built, zoning standards were different. When the home was built, the site probably looked perfect for a yard and possible future division with a driveway located on the south side of the existing house. Indeed, there is ample room for a new structure behind the existing residence and driveway along its south side. The need for flexibility comes from later implementation of different zoning standards mandating lot geometry. It would be unreasonable to argue that actions predating adoption of any rule, standard, or requirement be found responsible for their later noncompliance. This is at the core of general acceptance for nonconforming situations. While the subject request is for a new use as opposed to one that is pre-existing, the logic for assessing this criterion follows clearly. B. Special Privilege. That the approval of the variance would not be a grant of special privilege to the property in comparison with the limitations upon other properties in the vicinity with the same zoning; The existing lot is significantly bigger than its neighbors. Granting the modification request will allow the subject property density equivalent to that of its surroundings. A photo -exhibit showing the surrounding lots with improvements is submitted with this package showing the immediate neighbors. C. Comprehensive Plan. That the approval of the variance will be consistent with the comprehensive plan; Generally, Edmonds takes an expansive stance on critical -area protection. The Comprehensive Plan, in pages 50-53, explains the City approach as cautious and oriented toward protection. The following paragraphs, found on page 52, summarize City policy succinctly: "As the Best Available Science Report and updated critical areas regulations indicate, the City's intent is to take a conservative approach to protecting critical areas. Relatively large buffers are proposed (consistent with the science), but these are balanced by the ability of existing developed areas to continue infill activity in exchange for enhancing critical areas buffers. The goal is to obtain enhanced protection of resources within the city, while recognizing infrll development must continue to occur. However, a conservative approach toresource protection implies that the City be cautious in making wholesale changes in zoning that could result in more development impacts to critical areas. This is particularly true since the buffers proposed in the new regulations are substantial increases over previous regulations; without larger lot sizes in areas that are substantially impacted by critical areas, there would be little or no opportunity to mitigate critical areas impacts — especially when surrounding areas have already been developed. Caution is also needed considering that the mapped inventory is based on general sources from other agencies and is likely to underestimate the amount of steep slopes, for example." The corollary of `protecting critical areas to the maximum extent possible' proposes supporting development away from sensitive features. The Ko—Dalzell property has received a "Critical Areas Determination" from Edmonds that the property is exempt from any review (CRA20130083). According to Edmonds' overt policy .of critical area protection, this modification proposal should be approved to facilitate City growth policy. "Infill Development. The City's principal policy direction is aimed at encouraging infill development consistent with its neighborhoods and community character. This overall plan direction has been termed "designed infill" and can be seen in the City's emphasis and continued work on streamlining permitting, revising codes to provide more flexible standards, and improving its design guidelines." (Page 172, Comprehensive Plan) The existing home could be removed to eliminate the need for the side yard modification, but such action would both be financially unviable and contrary to the City's explicit directive toward `neighborhood -consistent infill'. Allowing the home to remain directly promotes this idea. The lot width was fixed by the original 1951 plat and has not changed since that time. The code as it exists today was unforeseen by the original developers and the subsequent builder. Specific Housing Policies include: H. Goal: Provide a variety of housing for all segments of the city that is consistent -and compatible with the established character of the community. H.1. Expand and promote a variety of housing opportunities by establishing land use patterns that provide a mixture of housing types and densities. H.1. a. Provide for mixed use, multi family and single family housing that is targeted and located according to the land use patterns established in the land use element. Enabling this site to retain a moderate, existing home while providing for one new home provides consistency and diversity. Edmonds' Comprehensive Plan and Zoning/Development codes anticipate higher density for this site. H.2. Encourage infill development consistent with the character of the surrounding neighborhood. H.2.a. Within single family neighborhoods, encourage infill development by considering innovative single family development patterns such as Planned Residential Developments (PRDs). H.2.b. Provide for accessory housing in single family neighborhoods that addresses the needs of extended families and encourages housing affordability. H.2.c. Provide flexible development standards for infill development, such as non -conforming lots, when development in these situations will be consistent with the character of the neighborhood and with the goal to provide affordable single family housing. There is no doubt the surrounding area supports a division into similarly -sized and proportioned lots. A PRD is not planned but minor relaxation of zoning standards allows innovative infill development. The planned infill will create nonconformity, but fully within neighborhood character. D. Zoning Ordinance. That the approval of the variance will be consistent with the purposes of the zoning ordinance and the zone district in which the property is located; Edmonds' applicable Purpose sections relating to zone districts generally and residential properties specifically are copied below: 16.00.010 Purposes. In addition to the purposes stated in the city's comprehensive plan, the zoning ordinance shall have the following purposes: A. To assist in the implementation of the adopted comprehensive plan for the physical development of the city by regulating and providing for existing uses and planning for the future as specified in the comprehensive plan; and B. To protect the character and the social and economic stability of residential, commercial, industrial and other uses within the city, and to ensure the orderly and beneficial development of those uses by. 1. Preserving and retaining appropriate areas for each type of use; 2. Preventing encroachment into these areas by incompatible uses; and 3. By regulating the use of individual parcels of land to prevent unreasonable detrimental effects of nearby uses. `Ord. 3240 § 1, 1999]. 16.20.000 Purposes. The RS zone has the following specific purposes in addition to the general purposes for residential zones of ECDC 16.00.010 and 16.10.000: A. To reserve and regulate areas primarily for family living in single-family dwellings, B. To provide for additional nonresidential uses which complement and are compatible with single-family dwelling use. [Ord. 3547 § 1, 2005]. Neither section includes any provision offended by the proposed modification. Generally, zoning codes are designed to promote reasonable and consistent standards between properties. The minor request at issue would likely not even be noticeable to most observers. E. Not Detrimental. That the variance as approved or conditionally approved will not be significantly detrimental to the public health, safety and welfare or injurious to the property or improvements in the vicinity and same zone; No change of use is proposed: Both lots will enjoy only uses available to all other RS-8 properties in the City. All engineering requirements will be met as with every other division in the City. The minor width/setback reduction request does not permit any activity not otherwise allowed within the zone district. Once built, the two lots and homes will be fully consistent with the surrounding neighborhood and health/safety/welfare expectations for this area. The properties to the south and east of the project were granted similar modifications by the City to facilitate further development. F. Minimum Variance. That the approved variance is the minimum necessary to allow the owner the rights enjoyed by other properties in the vicinity with the same zoning. Several alternatives were evaluated in the preparation of the plan and the plan as submitted was determined to be the one with the least modification. Each element of the request has absolutely been minimized within the space available. This modification does not represent the owners' wants, rather their needs. There simply is not enough space to meet all normal parameters, and the flexibility requested cannot be reduced further. Closing: Thanks for your time in review. Sincerely, J rpi r P.L.S. Lovell-Sauerland & Assoc., Inc. City of Edmonds ti`w, v Traffic Impact Analysis Worksheet Name of Proposed Project: Jessica Ko-Dalzell Short Subdivision NX—�LMIS Owner/Applicant Applicant Contact Person: COUNTER SERVICES Jessica Ko-Dalzell Name 21213 S.E 40th Place Street/Mailing Address Sammamish, Washington 98075 City Telephone: 2 0 6- 4 9 8- 0 3 0 4 State Zip Jeffrey Treiber Lovell-Sauerland & Assoc., Inc. Name 19217 36th Avenue W., Suite 106 Street/Mailing Address Lynnwood, Washington 98020 City State Zip Telephone: 425-775-1591 Traffic Engineer who prepared the Traffic Impact Analysis (if applicable): Firm Name Telephone: THRESHOLD LEVELS OF ANALYSIS Contact Name E-mail: Project Traffic Levels Sections to Complete I. Less than 25 peak -hour trips generated 1 and 7 only (Worksheet/Checklist) II. More than 25 peak -hour trips generated All sections a. Location -Street address: 22405 96th Avenue W. a vicinity map and site plan.) b. Specify existing land use: One existing single family residence c. Specify proposed type and size of development: two lot short subdivision (# of residential units and/or square footage of building) Revised on 6124110 E82 - Traffic Impact Analysis Worksheet Page 1 of 5 d. Date construction will begin and be completed: Spring 2014 e. Define proposed access locations: New driveway on south side of property. Existing driveway will remain. f. Define proposed sight distance at site egress locations: From property to intersection at 224th St. S.W. and greater than 300 feet to the south. 2. TRIP GENERATION Source shall be the Eighth Edition of the Institute of Transportation Engineers (ITE) Trip Generation manual. For independent fee calculations, the current edition of the ITE manual may be used. ADT = Average Daily Traffic PM Peak -hour trips (AM, noon or school peak may also apply as directed by the City Engineer) a. Existing Site Trip Generation Table: Land Use Daily (ADT) PM Peak -Hour Trips IN OUT b. Proposed Project Trip Generation Table: Land Use Daily (ADT) PM Peak -Hour Trips IN OUT c. Net New Project Trip Generation Table: Land Use Daily (ADT) PM Peak -Hour Trips IN OUT d. State assumptions and methodology for internal, link -diverted or passby trips: Revised on 6124110 E82 - Traffic Impact Analysis Worksheet Page 2 of 5 Prepare and attach a graphic showing project trip distribution percentages and assignments. For developments that generate over 75 peak -hour trips, the City Engineer reserves the right to require trip distribution to be determined through use of the City traffic model.' �t.l 1•, 1 a. Have sight distance requirements at egress location been met per AASHTO requirements? b. Intersection Level of Service (LOS) Analysis: Intersections to be evaluated shall be determined by the City of Edmonds Traffic Engineer Existing Conditions LOS Delays Year of Opening LOS Delays Five Years Beyond Change of LOS Delays Land Use c. Describe channelization warrants: (Attach striping plan.) d. Vehicle Storage/Queuing Analysis (calculate 50% and 95 % queuing lengths): e. If appropriate, state traffic control warrants (e.g. stop sign warrants, signal warrants): f. Summarize local accident history' (only required for access to principal and minor arterials): ' Available upon request at City of Edmonds Development Services Department ' Available upon request at City of Edmonds Police Department Revised on 6124110 E82 - Traffic Impact Analysis Worlrsheet Page 3 of 5 "NOVIMMMMM63 MI 1 ok"A Provide the following and other planned development traffic within the city.) a. Describe existing ADT and peak -hour counts (less than two years old), including turning movements, on street adjacent to and directly impacted by the project. b. Describe the estimated ADT and peak -hour counts, including turning movements, the year the project is fully open (with and without project traffic). c. Describe the estimated ADT and peak -hour counts, including turning movements, five years after the project has been fully open (with and without project traffic). d. State annual background traffic growth factor and source: 6. LEVEL OF SERVICE (LOS) ANALYSIS a. Summarize Level of Service Analysis below and attach supporting LOS analysis documentation. Provide the following documentation for each arterial street or arterial intersection impacted by ten or more peak -hour trips. Other City -planned developments) must also be factored into the LOS calculations. LOS LOS Existing Conditions Existing Delays Year of Opening With Project Without Project Five Years Beyond Change of Land Use With Project Without Project b. Note any assumptions/variations to standard analysis default values and justifications: ' A list of planned developments are available at the City upon request for public records Revised on 6124110 E82 - Traffic bnpact Analysis Worksheet Page 4 of 5 7. MITIGATION RECOMMENDATIONS State recommended measures and fees required to mitigate project specific traffic impacts. Traffic impact fee shall be calculated from the Edmonds Road Impact Fee Rate Study Table 4 (attached) and as identified in ECDC 18.82.120, except as otherwise provided for independent fee calculations in ECDC 18.82.130. ❑ CHANGE IN USE Fee for prior use shall be based on fee established at the time the prior use was permitted. If the previous use was permitted prior to the adoption of Ordinance 3516 (effective date: 09/12/04), the 2004 ECDC 18.82.120 impact fee shall be used. Per Unit ITE Land Use Category Fee Rate New Use 210 $1,196.33 Prior Use 210 $ 1,196.33 Units in square feet, Fee # of dwelling, vfp, etc. X 2 = $ 2,392 X 1 — $ 1,196 New Use Fee: $ - Prior Use Fee: $ _ $ 1,196.331 Per Unit ITE Land Use Category Fee Rate New Use $ G! Units in square feet, # of dwelling, vfp, etc. Fee MITIGATION FEE RECOMMENDATION: S1, 196.33 INDEPENDENT FEE CALCULATION: $200.00 + consultant fee $ TOTAL TRAFFIC IMPACT FEE $ 1,196.33 City of Edmonds, Engineering Division Approval Date 'No impact fees will be due, nor will a credit be given, for an impact fee calculation resulting in a net negative. Revised on 6124110 E82 - Traffic Impact Analysis Worksheet Page 5 of 5 RECEIVED NOV -7 =#E28 ........... ....... U7AP.,44efEVELOPMENT SERVICES �c COUIVER W P, kaoaddl U (YowIffium o� ................ A coordinated wility enrirownent ii.;h1ch waxiniLesJoint utilily. opponmities to piwide 4trality senlicefor.lite citizens qJ'Ldnwnds .................................... I .......... I ...... t .................. .... ..................................................................... U T I L I T— Y G, N C E 7, 0, U U—A, " �VIE, INFOR2-1317M TTHILEM OF IT(GUR PR,-0JE CCT. :SlTDDRED W-,0 22-1-05 qG-1�1 AVLA Je'5s91CA Ko- Oalzzll PU 19 - 0044 - 220 7 32 (7 Mary McAllister — 425-670:3241 You swill need to provide PUD,�%ith a site plan Ild a Completed New Service Questionnaire. PUG -T SOUND # 90035r7e o L TERGY VA h. ZOMOS, a &e A K911CO New Customer Construction Call to verify gas availability and to coordinate set -vice install. Department - 1-888-321-7779 You will need to provide parcel number, contact phone number and mailing address. cl # 510 00 C1 You will need to provide Frontier with the location of your Jeremy Fallt — 425-263-AD--3 project, total line requirement, and the date in which service is required. A copy of your development plan may be required. c Po-,ouru, lAyw, comca!1-4, # :771-22oo1 -co, JT1001(45 You will need to provide Comeast with the location of your GaTy Go - project, a copy of your development and site plan (digital copy if available.) The date m which service is required and a list of contact names, phone numbers & mailin addresses. Pic Steve Dunphy - 25-774-7769 4 ou w need to provide OVWSD with the survey map of your For ciistomers in Olympic View ServiceArea site and complete a development information form. TINTS FORM MUST BE COM PLE TIE, D "UT-JI), GGENEEN TO DEE VELO'PMENT SER-11710ES STAFFAT THE 17' HAtIZ OF PERTAIXT SURDMAITTAJI, No. 00544--b00010700 *LYM,)C VIEW 1NATE R & SEDISTRICT DISTRICT ( form is valid one year from date filled out ) SURVEY DRAWING OF PROPOSED DEVELOPMENT IS REQUIRED DATE /_/3 OWNER'SNAME J&9'-p'1CA OWNER'S ADDRESS 2-2hOr-3 clL-W. OWNER'S PHONE # APPLICANT'S NAME _J APPLICANT'S ADDRESS APPLICANT'S PHONE # - x FILE # L- V,0 - VA\7-4 1,eoA re'n'161"Iq IM D_—,-4t) �;- - )iv (Aj ADDRESS OF PROJECT . , 19 Lo 4L ,17 DESCRIBE SCOPE OF WORK 171 d-Z ARE WATER/SEWER AVAU_ABILITY FORMS REQUIRED? BY WHOM? SINGLE FAMILY? MULTI FAMILY? # OF UNITS SPRINKLER SYSTEM? STAFF INITIALS RESPECTIVE FEES REQUIRED BEFORE CONNECTION TO OLYMPIC VIEW SYSTEM CONTRACTOR PERFORMING WORK CONTRACTOR ADDRESS CONTRACTOR DAY & EVE. PHONE # CONTACT PERSON LICENSE / BOND # WATER CHECKLIST DEV. EXT. NEEDED LATECOMERS vj.-4 A- � L I FACILITY FEE REGIONAL FAC. FEE t4 METER C HARG S65 111 1 R.O.W. PERMIT 0-0 CCC NEEDED Lac THE FEES AND COSTS QUOTED ARE ESTIMATES ONLY AND ARE SUBJECT TO CHANGES AND ADDITIONS. X., TOTAL STAFF INITIALS.... AMOUNT PAID \\Mtring\OVData\Share\Short Plats\Sh rtplat\l nfo Form. do c SEWER CHECKLIST DEV. EXT. NEEDED j rA— LATECOMERS FEE FACILITY FEE -'�R43-46 - REGIONAL FAC. FEE _i7Z SIDE SEWER PERMIT ub,oc-) R.O.W. PERMIT ONO, o� EASEMENT NEEDED i -V') 4— WOODWAY RELEASE y\0 THE FEES AND COSTS QUOTED ARE ESTIMATES ONLY AND ARE SUBJECT TO CHANGES AND ADDITIONS. TOTAL STAFF INITIALS AMOUNT PAID SS CARD # STAFF INITIALS WFG National Title Insurance Company a Williston Financial Group company Heaton Dainard, LLC 14508 NE 20th St, Ste 200 Bellevue, WA 98007 REFERENCE NO: / Order No.: 00613528 Liability: Charge: Tax: Total: $ 1,000.00 $ 250.00 $ 23.75 $ 273.75 Subject to the Exclusions from Coverage, the limits of liability and other provisions of the Conditions and Stipulations hereto annexed and made a part of this Guarantee, and subject to the further exclusion and limitation that no guarantee is given nor liability assumed with respect to the identity of any party named or referred to in Schedule A or with respect to the validity, legal effect or priority of any matter shown therein. WFG National Title Insurance Company a corporation herein called the Company, GUARANTEES the Assured named in Schedule A against actual monetary loss or damage not exceeding the liability amount stated herein which the Assured shall sustain by reason of any incorrectness in the assurances set forth in Schedule A. Dated: October 25, 2013 WFG National Title Company of Washington, LLC, as WFGNAVONAUTITLEINSURANCECO,PANY agent for WFG National Title Insurance Company rf ' 13Y E> *,1974 AIIES ✓ Il i S^d a'V By Authorized sin tore Authorized Signature Lynn M. Riedel Subdivision Guarantee WFGGNTSD Page 1 of 5 Order No.: 00613528 1. Name of Assured: Heaton Dainard, LLC 2. Date of Guarantee: October 25, 2013 3. The assurances referred to on the face page hereof are: a. That according to those public records which, under the recording laws, impart constructive notice of matters affecting title to the following described land: See Exhibit A attached hereto. b. Title to the estate or interest in the land is vested in: 3essica Ko-Dalzell, presumptively subject to the community interest of spouse, if married, on 3uly 1, 2013, date of acquiring title C. The estate or interest in the land which is covered by this Guarantee is: A fee simple estate Subject to the Exceptions shown below, which are not necessarily shown in order of their priority. .4tali IT RI GENERAL PROPERTY TAXES AND SERVICE CHARGES, AS FOLLOWS, TOGETHER WITH INTEREST, PENALTY AND STATUTORY FORECLOSURE COSTS, IF ANY, AFTER DELINQUENCY: (1ST HALF DELINQUENT ON MAY 1; 2ND HALF DELINQUENT ON NOVEMBER 1) TAX ACCOUNT NO.: 00544300010700 YEAR BILLED PAID BALANCE 2013 $3,415.78 $1,707.89 $1,707.89 TOTAL AMOUNT DUE, NOT INCLUDING INTEREST AND PENALTY: $1,707.89. LEVY CODE: 0216 ASSESSED VALUE LAND: $151,000.00 ASSESSED VALUE IMPROVEMENTS: $141,600.00 2. COVENANTS, CONDITIONS AND RESTRICTIONS IMPOSED BY INSTRUMENT RECORDED ON APRIL 1, 1959, UNDER RECORDING NO. 1329821, BUT OMITTING ANY COVENANTS OR RESTRICTIONS, IF ANY, BASED UPON RACE, COLOR, RELIGION, SEX, SEXUAL ORIENTATION, FAMILIAL STATUS, MARITAL STATUS, DISABILITY, HANDICAP, NATIONAL ORIGIN, ANCESTRY, OR SOURCE OF INCOME, AS SET FORTH IN APPLICABLE STATE OR FEDERAL LAWS, EXCEPT TO THE EXTENT THAT SAID COVENANT OR RESTRICTION IS PERMITTED BY APPLICABLE LAW. THIS POLICY DOES NOT INSURE THAT THE LAND DESCRIBED IN SCHEDULE A IS BENEFITED BY EASEMENTS, COVENANTS OR OTHER APPURTENANCES SET FORTH IN SAID INSTRUMENT TO BENEFIT OR BURDEN REAL PROPERTY OUTSIDE THE BOUNDARIES OF SAID LAND. MATTERS OF RECORD AGAINST THE UNDISCLOSED SPOUSE OF THE VESTED PARTY. THE COMPANY HAS BEEN UNABLE TO SEARCH FOR, AND DOES NOT INSURE AGAINST MATTERS, IF ANY, AGAINST THE UNDISCLOSED SPOUSE. Subdivision Guarantee Page 2 of 5 WFGGNTSD Order No.: «Ord Id» NOTE 1: BASED ON INFORMATION PROVIDED TO THE COMPANY, ON THE DATE OF THIS COMMITMENT IT APPEARS THAT THERE IS LOCATED ON THE LAND: SINGLE FAMILY RESIDENCE KNOWN AS: 22405 96TH AVENUE W EDMONDS, WA 98020 NOTE 2: THE FOLLOWING MAY BE USED AS AN ABBREVIATED LEGAL DESCRIPTION ON THE DOCUMENTS TO BE RECORDED, PER AMENDED RCW 65.04. SAID ABBREVIATED LEGAL DESCRIPTION IS NOT A SUBSTITUTE FOR A COMPLETE LEGAL DESCRIPTION WITHIN THE BODY OF THE DOCUMENT. LOT 107 OF PINECREST NOTE 3: WHEN SENDING DOCUMENTS FOR RECORDING, VIA U.S. MAIL OR SPECIAL COURIER SERVICE, PLEASE SEND TO THE FOLLOWING ADDRESS, UNLESS SPECIFIC ARRANGEMENTS HAVE BEEN MADE WITH YOUR TITLE UNIT: WFG NATIONAL TITLE COMPANY 155 NE 100TH STREET SUITE 200 SEATTLE, WA 98125 ATTN: RECORDING DEPT. Enclosures: S ketch Vesting Deed Paragraphs ALL ED2 Subdivision Guarantee Page 3 of 5 GNT004 Order No.: 00613528 EXHIBIT `"A" LOT 107 OF PINECREST, AS PER PLAT RECORDED IN VOLUME 13 OF PLATS, PAGE 55, RECORDS OF SNOHOMISH COUNTY AUDITOR; SITUATE IN THE CITY OF EDMONDS, COUNTY OF KING, STATE OF WASHINGTON. SCHEDULE OF EXCLUSIONS FROM COVERAGE OF THIS GUARANTEE Except to the extent that specific assurances are provided In Schedule A of this Guarantee, the Company assumes no liability for loss or damage by reason of the following: (a) Defects, liens, encumbrances, adverse claims or other matters against the title, whether or not shown by the public records. (b) (1) Taxes or assessments of any taxing authority that levies taxes or assessments on real property; or, (2) Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not the matters excluded under (1) or (2) are shown by the records of the taxing authority Wby the public records. (c) (1) Unpatented mining claims; (2) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (3) water rights, claims or title to water, whether or not the matters excluded under (1), (2) or (3) are shown by the public records. Notwithstanding any specific assurances which are provided in Schedule A of this Guarantee, the Company assumes no liability for loss or damage by reason of the following: (a) Defects, liens, encumbrances, adverse claims or other matters affecting the title to any property beyond the lines of the land expressly described in the description set forth in Schedule (A), (C) or in Part 2 of this Guarantee, or title to streets, roads. avenues, lanes, ways or waterways to which such land abuts, or the right to maintain therein vaults, tunnels, ramps or any structure or improvements, or any rights or easements therein, unless such property, rights or easements are expressly and specifically set forth in said description. (b) Defects, liens, encumbrances, adverse claims or other matters, whether or not shown by the public records: (1) which are created, suffered, assumed or agreed to by one or more of the Assureds; (2) which result in no loss to the Assured; or (3) which do not result in the invalidity or potential invalidity of any Judicial or non - judicial proceeding which is within the scope and purpose of the assurances provided. (c) The identity of any party shown or referred to in Schedule A. (d) The validity, legal effect or priority of any matter shown or referred to in this Guarantee. GUARANTEE CONDITIONS AND STIPULATIONS 1. Definition of Terms. The following terms when used in the Guarantee mean: (a) the "Assured": the party or parties named as the Assured in this Guarantee, or on a supplemental writing executed by the Company. (b) "land": the land described or referred to in Schedule (A), (C) or in Part 2, and improvements affixed thereto which by law constitute real properly. The term "land" does not include any property beyond the lines of the area described or referred to in Schedule (A), (C) or in Part 2. nor any right, title, interest, estate or easement in abutting streets, roads, avenues, alleys, lanes, ways or waterways. (c) "mortgage": mortgage, deed of trust, trust deed. or other security instrument. (d) "public records": records established under state statutes at Date of Guarantee for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without knowledge. (a) "date': the effective date. 2. Notice of Claim to be Given by Assured Claimant. An Assured shall notify the Company promptly in writing in case knowledge shall come to an Assured hereunder of any claim of title or interest which is adverse to the fide to the estate or interest, as stated herein, and which might cause loss or damage for which the Company may be liable by virtue of this Guarantee. If prompt notice shall not be given to the Company, then all liability of the Company shall terminate with regard to the matter or matters for which prompt notice is required: provided, however, that failure to notify the Company shall in no case prejudice the rights of any Assured under this Guarantee unless the Company shall be prejudiced by the failure and then only to the extent of the prejudice. 3. No Duty to Defend or Prosecute. The Company shall have no duty to defend or prosecute any action or proceeding to which the Assured is a party, notwithstanding the nature of any allegation in such action or proceeding. 4. Company's Option to Defend or Prosecute Actions; Duty of Assured Claimant to Cooperate. Even though the Company has no duty to defend or prosecute as set forth in Paragraph 3 above: (a) The Company shall have the right, at its sole option and cost, to institute and prosecute any action or proceeding, interpose a defense, as limited in (b). or to do any other act which in its opinion may be necessary or desirable to establish the fide to the estate or interest as stated herein, or to establish the lien rights of the Assured, or to prevent or reduce loss or damage to the Assured. The Company may take any appropriate action under the terms of this Guarantee, whether or not it shall be liable hereunder, and shall not thereby concede liability or waive any provision of this Guarantee. If the Company shall exercise its rights under this paragraph, it shall do so diligently. (b) If the Company elects to exercise its options as stated in Paragraph 4(a) the Company shall have the right to select counsel of its choice (subject to the right of such Assured to object for reasonable cause) to represent the Assured and shall not be liable for and will not pay the fees of any other counsel, nor will the Company pay any fees, costs or expenses incurred by an Assured in the defense of those causes of action which allege matters not covered by this Guarantee. to) Whenever the Company shall have brought an action or interposed a defense as permitted by the provisions of this Guarantee, the Company may pursue any litigation to final determination by a court of competent jurisdiction and expressly reserves the right, in its sole discretion, to appeal from an adverse judgment or order. (d) in all cases where this Guarantee permits the Company to prosecute or provide for the defense of any action or proceeding, an Assured shall secure to the Company the right to so prosecute or provide for the defense of any action or proceeding, and all appeals therein, and permit the Company to use, at its option, the name of such Assured for this purpose. Whenever requested by the Company, an Assured, at the Company's expense, shall give the Company all reasonable aid in any action or proceeding, securing evidence, obtaining witnesses, prosecuting or defending the Subdivision Guarantee W FGGNTSD Order No.: 00613528 action or lawful act which in the opinion of the Company may be necessary or desirable to establish the title to the estate or interest as stated herein, or to establish the lien rights of the Assured. If the Company is prejudiced by the failure of the Assured to furnish the required cooperation, the Company's obligations to the Assured under the Guarantee shall terminate. 5. Proof of Loss or Damage. In addition to and after the notices required under Section 2 of these Conditions and Stipulations have been provided to the Company, a proof of loss or damage signed and sworn to by the Assured shall be furnished to the Company within ninety (90) days after the Assured shall ascertain the facts giving rise to the loss or damage. The proof of loss or damage shall describe the matters covered by this Guarantee which constitute the basis of loss or damage and shall state, to the extent possible, the basis of calculating the amount of the loss or damage. If the Company is prejudiced by the failure of the Assured to provide the required proof of loss or damage, the Company's obligation to such assured under the Guarantee shall terminate. In addition, the Assured may reasonably be required to submit to examination under oath by any authorized representative of the Company and shall produce for examination, inspection and copying, at such reasonable times and places as may be designated by any authorized representative of the Company, all records, books. ledgers. checks, correspondence and memoranda, whether bearing a date before or after Date of Guarantee, which reasonably pertain to the loss or damage. Further, if requested by any authorized representative of the Company, the Assured shall grant its permission, in writing, for any authorized representative of the Company to examine, inspect and copy all records, books, ledgers, checks, correspondence and memoranda in the custody or control of a third party, which reasonably pertain to the loss or damage. All information designated as confidential by the Assured provided to the Company pursuant to this Section shall not be disclosed to others unless, in the reasonable judgment of the Company, it is necessary in the administration of the claim. Failure of the Assured to submit for examination tinder oath, produce other reasonably requested information or grant permission to secure reasonably necessary information from third parties as required in the above paragraph, unless prohibited by law or governmental regulation, shall terminate any liability of the Company under this Guarantee to the Assured for that claim. 6. Options to Pay or Otherwise Settle Claims: Termination of Liability. In case of a claim under this Guarantee, the Company shall have the following additional options: (a) To Pay or Tender Payment of the Amount of Liability or to Purchase the Indebtedness. The Company shall have the option to pay or settle or compromise for or in the name of the Assured any claim which could result in loss to the Assured within the coverage of this Guarantee, or to pay the full amount of this Guarantee or, if this Guarantee is issued for the benefit of a holder of a mortgage or a lienholder, the Company shall have the option to purchase the indebtedness secured by said mortgage or said lien for the amount owing thereon, together with any costs, reasonable attorneys' fees and expenses incurred by the Assured claimant which were authorized by the Company up to the time of purchase. Such purchase, payment or tender of payment of the full amount of the Guarantee shall terminate all liability of the Company hereunder. in the event after notice of claim has been given to the Company by the Assured the Company offers to purchase said indebtedness, the owner of such indebtedness shall transfer and assign said indebtedness, together with any collateral security, to the Company upon payment of the purchase price. Upon the exercise by the Company of the option provided for in Paragraph (a) the Company's obligation to the Assured under this Guarantee for the claimed loss or damage, other than to make the payment required in that paragraph, shall terminate, including any obligation to continue the defense or prosecution of any litigation for which the Company has exercised its options under Paragraph 4, and the Guarantee shall be surrendered to the Company for cancellation. (b) To Pay or Otherwise Settle With Parties Other Than the Assured or With the Assured Claimant. To pay or otherwise settle with other parties for or in the name of an Assured claimant any claim assured against under this Guarantee, together with any costs, attorneys' fees and expenses incurred by the Assured claimant which were authorized by the Company up to thd`time of payment and which the Company is obligated to pay. Upon the exercise by the Company of the option provided for in Paragraph (b) the Company's obligation to the Assured under this Guarantee for the claimed loss or damage, other than to make the payment required in that paragraph shall terminate, including any obligation to continue the defense or prosecution of any litigation for which the Company has exercised its options under Paragraph 4. 7. Determination and Extent of Liability. This Guarantee is a contract of Indemnity against actual monetary loss or damage sustained or incurred by the Assured claimant who has suffered loss or damage by reason of reliance upon the assurances set forth in this Guarantee and only to the extent herein described, and subject to the Exclusions From Coverage of This Guarantee. The liability of the Company under this Guarantee to the Assured shall not exceed the least of: (a) the amount of liability stated in Schedule A or in Part 2; (b) the amount of the unpaid principal indebtedness secured by the mortgage of an Assured mortgagee, as limited or provided under Section 6 of these Conditions and Stipulations or as reduced under Section 9 of these Conditions and Stipulations, at the time the loss or damage assured against by this Guarantee occurs, together with interest thereon; or (c) the difference between the value of the estate or interest covered hereby as stated herein and the value of the estate or interest subject to any defect, lien or encumbrance assured against by this Guarantee. 8. Limitation of Liability. (a) If the Company establishes the title, or removes the alleged defect, lien or encumbrance, or cures any other matter assured against by this Guarantee in a reasonably diligent manner by any method, including litigation and the completion of any appeals therefrom, it shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused thereby. Page 5 of 5 Order No.: 00613528 CONDITIONS AND STIPULATIONS CONTINUED (b) In the event of any litigation by the Company or with the Company's consent, the Company shall have no liability for loss or damage until there has been a Final determination by a court of competent jurisdiction, and disposition of all appeals therefrom, adverse to the title, as stated herein. (c) The Company shall not be liable for loss or damage to any Assured for liability voluntarily assumed by the Assured in settling any claim or suit without the prior written consent of the Company. 9. Reduction of Liability or Termination of Liability. All payments under this Guarantee, except payments made for costs. attorneys' fees and expenses pursuant to Paragraph 4 shall reduce the amount of liability pro Canto. 10. Payment of Loss. (a) No payment shall be made without producing this Guarantee for endorsement of the payment unless the Guarantee has been lost or destroyed, in which case proof of loss or destruction shall be furnished to the satisfaction of the Company. (b) When liability and the extent of loss or damage has been definitely fixed in accordance with these Conditions and Stipulations, the loss or damage shall be payable within thirty (30) days thereafter. 11. Subrogation Upon Payment or Settlement. Whenever the Company shall have settled and paid a claim under this Guarantee, all right of subrogation shall vest in the Company unaffected by any act of the Assured claimant. The Company shall be subrogaled to and be entitled to all rights and remedies which the Assured would have had against any person or property in respect to the claim had this Guarantee not been issued. If requested by the Company, the Assured shall transfer to the Company all rights and remedies against any person or property necessary in order to perfect this right of subrogation. The Assured shall permit the Company to sue, compromise or settle in the name of the Assured and to use the name of the Assured in any transaction or litigation involving these rights or remedies. If a payment on account of a claim does not fully cover the loss of the Assured the Company shall be subrogated to all rights and remedies of the Assured after the Assured shall have recovered its principal, interest, and costs of collection. 12, Arbitration. Unless prohibited by applicable law, either the Company or the Assured may demand arbitration pursuant to the Title Insurance Arbitration Rules of the American Arbitration Association. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the Assured arising out of or relating to this Guarantee, any service of the Company in connection with its issuance or the breach of a Guarantee provision or other obligation. All arbitrable matters when the Amount of Liability is St.000,000 or less shall be arbitrated at the option of either the Company or the Assured. All arbitrable matters when the amount of liability is in excess of $1,000.000 shall be arbitrated only when agreed to by both the Company and the Assured. The Rules in effect at Date of Guarantee shall be binding upon the parties. The award may include attorneys' fees only if the laws of the state in which the land is located permits a court to award attorneys' fees to a prevailing party. Judgment upon the award rendered by the Arbitrators) may be entered in any court having jurisdiction thereof. The law of the situs of the land shall apply to an arbitration under the Title Insurance Arbitration Rules. A copy of the Rules may be obtained from the Company upon request. 13, Liability Limited to This Guarantee; Guarantee Entire Contract. (a) This Guarantee together with all endorsements, if any, attached hereto by the Company is the entire Guarantee and contract between the Assured and the Company. In interpreting any provision of this Guarantee, this Guarantee shall be construed as a whole' (b) Any claim of loss or damage, whether or not based on negligence. or any action asserting such claim, shall be restricted to this Guarantee. (c) No amendment of or endorsement to this Guarantee can be made except by a writing endorsed hereon or attached hereto signed by either the President, a Vice President, the Secretary, an Assistant Secretary, or validating officer or authorized signatory of the Company. 14. Notices, Where Sent. All notices required to be given the Company and any statement in writing required to be furnished the Company shall include the number of this Guarantee and shall be addressed to: W FG National Title Insurance Company, 340 Oswego Pointe Drive, Suite 100. Lake Oswego, OR 97034, Attention: Claims Department. CLTA Guarantee Conditions and Stipulations (Revised 12/15/95) ance Company WFG National Title Insul a Williston Financial Group company WFG National Title Insurance Company Privacy Policy Notice PURPOSE OF THIS NOTICE Title V of the Gramm -Leach -Bliley Act (GLBA) generally prohibits any financial institution, directly or through its affiliates, from sharing nonpublic personal information about you with a nonaffiliated third party unless the institution provides you with a notice of its privacy policies and practices, such as the type of information that it collects about you and the categories of persons or entities to whom it may be disclosed. In compliance with the GLBA, we are providing you with this document, which notifies you of the privacy policies and practices of WFG. We may collect nonpublic personal information about you from the following sources: Information we receive from you such as on applications or other forms. Information about your transactions we secure from our files, or from our affiliates or others. Information we receive from a consumer reporting agency. Information that we receive from others involved in your transaction, such as the real estate agent or lender. Unless it is specifically stated otherwise in an amended Privacy Policy Notice, no additional nonpublic personal information will be collected about you. We may disclose any of the above information that we collect about our customers or former customers to our affiliates or to nonaffiliated third parties as permitted by law. We also may disclose this information about our customers or former customers to the following types of nonaffiliated companies that perform marketing services on our behalf or with whom we have joint marketing agreements: Financial service providers such as companies engaged in banking, consumer finance, securities and insurance. Non -financial companies such as envelope stuffers and other fulfillment service providers. WE DO NOT DISCLOSE ANY NONPUBLIC PERSONAL INFORMATION ABOUT YOU WITH ANYONE FOR ANY PURPOSE THAT IS NOT SPECIFICALLY PERMITTED BY LAW. We restrict access to nonpublic personal information about you to those employees who need to know that information in order to provide products or services to you. We maintain physical, electronic, and procedural safeguards that comply with federal regulations to guard your nonpublic personal information. If you have any questions about this Privacy Policy Notice, please contact us by writing to: WFG National Title Insurance Company 340 Oswego Pointe Drive, Suite 100 Lake Oswego, OR 97034 03 i Tel -OD i FHtN FH FHA Htl l+H+ 7 04 -t'i"i i'i1T�+l a-T'rl'1'1'1 TI'l� 5 U 20 ol � l _lf .1 1ti C 01 �1 T 1 01 � 0 -� ®33 2 > 5 � 3 2 15 1 1 4-4 W 1' a� Gl.. - i C.i 224th St SIN 224th St SW WESTIVIEW 1 00 ESTA TES xl.. .. ( -_ 4 i d�1 !mob -t_ Oni �4 THIS MAP IS PROVIDED, WITHOUT CHARGE, FOR YOUR INFORMATION. IT IS NOT INTENDED TO SHOW ALL MATTERS RELATED TO THE PROPERTY INCLUDING, BUT NOT LIMITED TO, AREA, DIMENSIONS, EASEMENTS, ENCROACHMENTS OR LOCATIONS OF BOUNDARIES. IT IS NOT A PART OF, NOR DOES IT MODIFY, THE COMMITMENT OR POLICY TO WHICH IT IS ATTACHED. THE COMPANY ASSUMES NO LIABILITY FOR ANY MATTER RELATED TO THIS SKETCH, UNLESS SUCH COVERAGE IS SPECIFICALLY PROVIDED BY THE COVERED RISKS OF THE POLICY. REFERENCE SHOULD BE MADE TO AN ACCURATE SURVEY FOR FURTHER INFORMATION. uF _� Ij 01 -. _. ! f . W J i i • When recorded return to: Jessica Ko-Daizell 22405 96th Ave W Edmonds; WA 98020 ELECTR ]CALLY RECORDED 20130701u574 2 07/01/2013 02:00 PM 73.00 SNOHOMISH COUNTY, WASHINGTON STATUTORY WARRANTY DEED THE GRANTOR(S) Bernie P. Fry and Dorothy L. Fry, husband and wife , for and in consideration of ten dollars ($10.00) and other good and valuable consideration, in hand paid, conveys, and warrants to Jessica Ko-Dalzell, a married woman, as her separate estate , the following described real estate, situated in the County of Snohomish, State of Washington: TRACT 107, PINECREST, ACCORDING TO THE PLAT THEREOF RECORDED 1N VOLUME 13 OF PLATS, PAGE 55, RECORDS OF SNOHOMISH COUNTY, WASHINGTON. Abbreviated Legal: Tract 107, Pinecrest, V 13, P 55, records of Snohoo-AC41 Tax Parcel Number(s): 005443-000-107-00 FIRST AMERICAN Dated: June 24, 2013 P& Bernie P. Fry Dorothy L. Fry LPB 10-05(i) Page 1 of 2 ro a)o N cD M ui Q_ N (� c O O C aO STATE OF Washington �� ,„ ,_ j COUNTY OF �+��"� SS. certify that I know or have satisfactory evidence that Bernie P. Fry and Dorothy L, Fry are the person(s) who appeared before me, and said person(s) acknowledged that he/she/they signed this instrument and acknowledged it to be his/her/their free and voluntary act for th6ic purposef mentione in this instrument.. Dated: of printed or typed: (J $� YYla Ke of dt /t trlrteorP,4s in and for the State of ®,,%'k I 'el+e Resi&C,(,(,y-dL- `. •,,,�,�a,,, , ®„ My appointment expires: ® tr d• 4:�s_ 9TA.y AU8 LIC ; ..X ,,•° 00 ®"s''04uritelr��o` LPB 10-05(i) Page 2 of 2 dz kOG N oil* 705 THIRD VOL 1329821 Statutory Warranty Deed APR - THE GRANTOR 9 BENJAMIN M. CLIFFORD, as Trustee, for and in consideration of TWELVE HUNDRED FIFTY -------- ( S 12 50. 00)•--4'--Dollars. in hand paid, conveys and warrants to FRED P. RIVAS9 the following described real estate, situated in. the County of Snohomish State of Washington: TrPet #107 of the Plat of PINECREST, asper Plat recorded in Volume 13 of Plats, Page 559 records of Snohomish County. Subject to water assessments, which are to be levied. Exterior of all buildings to be finished within one year from date of starting. No outside toilets permitted. This deed is given in fulfillment of a Real Estate Contract of Sale dated April 15, 1951 and Is accepted by the Purchaser as such, and is subject to any taxes or assessments that have accrued against the prop- er+,, since that date, and is also subject to any liens or encumbrances tnat may have been placed on the property through the Acts of the Grantee. Dated this 21+th day of April, 1951 '19 51. 14" 9A yc On this day personally appeared before rne BENJN M. CLIP PORD9 as Trustee to ift kn6wa.� CW Individual described In and who executed dw w1dft mW totWhig MaUmmt, and ...' .. .0it ... #A_wwU*' Q h Wgned the sarne as his In* asid vdwdm act md desd, fair the Ali; venfloned. rr WI&n MYNM and dkW rM dh 2 day of A. AA