S-26-68.pdf1 ,
A
CITY OF EDMONDS
EDMONDS, WASHINGTON
PLANN114G COMMISSION APPLICATION File No. S-2-6-69
FOR SUBDIVISIONS E PLATS _ Date_, g
S ubmit in triplicate Fee /
Rec't No. 36']
SUBDIVISION (4 lots or less; fee is $10.00) Hearing Date
PLAT (5 lots or more; fee is $5.00 per lot, or 1/20 of
one cent per square foot of lot area in the plat,
whichever is greater. This fee is applicable to
both preliminary and final plat submissions.)
APPLICANT: - : AD DRESS: , . EPHON:�
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Indicate type or degree of interest in the property:,
OWNER: ADDRESS: PHONE k
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REQUEST THAT THE FOLLOWING DESCRIBED PROPERTY BE DIVIDED INTO boTS. (Indicate number)
I•EGAL DESCRIPTION OF ENTIRE PROPERTY: /
q—�a'.,s..�. 3— Faint1aaC) AcQes,
To be Completed by the Planning Department
Use ZONE: Q S- a LEGAL DESCRIPTION CHECKED b APPROVED
Kroll Hap No.: --- gy Date
CERTIFICATION: I do hereby certify that I own the above legally described property, and
further, that all contiguous property which I own, which has not received
a previous subdivision approval, is included herein.
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�o r71'l� z±iry
Property Owner �
SKETCH: Show below or attach a sketch of the proposed subdivision drawn to a scale
similar to the example shown on the reverse side. On subdivisions, where possible,
indicate location of existing septic tanks and drain fields. Include vicinity sketch J
of the area per example shown on the reverse side. If sketches are attached, please
submit six copies. On subdivisions, attach a statement of reasons why property is�
divided in the manner shown, such as topography, or any other pertinent information
not apparent on the sketch,
ENGINEERING DEPARTMENT S` 2c - C.�
PLAT AND SUBDIVISION FIELD CHECK LIST
ApplicantF N
Field Check By C { �L� pate
STREETS AND ACCESS
I. Right -of -Way: O
2. Street Type & Condition:
3. Access Easements:
hlr•i3a' �ot� c+�'�1 � i
�E,UTILITIES
�E -
l. Water Mains! of �Y ~
2. Sanitary Sewer Location:
Depth:
Assessment: Je.9?-00
Storm Sewer:
6. Utility.Easements:
Cu I r 100y it S
7. Septic Drainfield Area:
TOPOGRAPHY
LOT ARRANGEMENT
GENERAL COMMENTS
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CHECK LIST OF ENGI-IEERl!Tc REQUIREi1EiJTS
FOR SUBDIVISIONS
Name— 1-1r- A Mrrt-
YS An Tlf RoP4
Date
_May
STREETS AND ACCESS
1. Right-of-way Requirements and Dedication: mane
2. TurnAround:"''
In - accordanca with City of £dMondg Standard
Or-ing No. 102-1 & 2.
3. Access Easements.:
OT'LITIF'S AND EASFM JT
1, Water Mains: 41, ateol ®>;iating.
2. Utility Easements: Required for both sanitary gaiter and vator.
3. Sewers or Septic Tanks: Sanitary o<-werg exiatiag (L.I.D. 108)
4. Drainage: Where drainage .is across adjacent private property, necessary
release of damages or release of drainage easements must be furnished. Any
drainage problems created by change of contour during develoo_ment must be
corrected to satisfaction of the City Engineer,.
imtrvvelnenta to be made in oaeordance wits city C__ .
GEIRERAL=TOTES
LEIS R. L.4�,RCON, P.L.
EDMONDS_C! FY ENGINEER
City Cnpineer � '
1
Xi'1W 4
45-64 S -26-6,9-
C, J.
June 6, 1966
Mr. C. Hayne Jones
Reid, Middleton & Associates, Inc.
324 Main Street
Edmonds, 13a.shington 98020
Dear Wayne:
Enclosed herewith is a sewer easement from Mr.. Rosenan to
Mr. Di Boff. Mr. Di Beff has extended the sewer; however, the sewer
is not within the easement'as it was installed on the north side of
Lot 7, Melson's Addi.ti.on.
It is requested that the location of the Bawer line extension
be determined by a field survey.
LRLIrf
Enclosure
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Yours very truly,
CITY OF EDMONDS
LEIF R. LARS0I4
City Engineer
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SEWER LOCAT 1011 [ASE1,1E11ACROSS LOT 7 -, LSOr: 'S ADDITION
An easemont being 5 feet on either side of the following described
line; Beginning at a point on the easterly line of Lot No, 7,
fieIsonrs Addition as recorded in Volume 17, page 94, records of
Snohomish County, Washington, at an arc distance as measured along
said line of 6 feet southerly of the Easterly 104 corner between
Lot o and Lot 7 of said plat; thence N 38'43' W 19 feet; thence
N 72°27' W 38,80 feet; thence S 68°30' W to the ',rest lie of saiJ Lot 7,
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Lot 7, Block 3,F^uitland Acres Division No. 2 to
Lake Ballinger.
An easement fo'r the installation, operation and maintenance
sewer line over, across, through, under and upon the followi
property, situated in Snohomish County, State of Washington,
South 7.5 feet of Lot 7, Melson's Addition
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of a sanitary ti
ng described G,
to -wit:
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NO SALES TAX
REQUIRED
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APF, 2 19M
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ndividuals 1
,invent, and
free and
nt o� ned. Z
day of
qy'E
ary Public irrand fort s:g te.,'
f , residing at "
OFFIC4,L RL'CORE)S YOl 206 PnGE 98
DATED thisday of
STATE OF WASHINGTON )
) SS
COUNTY OF SNOHOMISH ) CoQ
On Lis day personally appeared before me
and �ZL ® / to me known to be the i
described in and who executed the within and foregoing ins r'
acknowledged that jrs signed the same as "
voluntary act and deed, i r the uses and purposes therein ire
.%��i.Gr.1-aa�-.^Go%.-ci-rc� ori-�irirc.f.. �-r1/.�L•
GIVEN under my hand and
/offficial seal this - +/
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ZIP,
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0, 1973
Mr. L.A. Drue
23713 30th Lane
Edmonds, itachinrton 98020
..Grl,7ECT: T:MOMent- Subdivisions S-43-64 �� d
Door Mr. Drue s
Our oi•fice wan recently contacted by your, neighbor to
thn cant, Mr. '"van Diboff. He o� tpros sect carat: concern over the
completion of the r'equiroments as set forvard by the city anal
band owrnars trndrr L'hei cu}>7r.ct: subdivisinnz3. Wo l.ndicated to t
Mr. I)i33af,' th"t trc would forwrard the CIty's roquiremants and
informal on regarding this acccs,s aacacment to you as a paint F
Of information.
Reafo -ring to the attached r>hetch, it was the intention f}
of the devolopers of the two ; u divi.+.tir_ns to pr�viB., r.: onr,—say !'
10 -foot wide looped road to serve both properties. Api eome„tri
woM signed in oasenont form as a means of netting* aside a
specific area for road access. A copy of that ea.eriont is
attached harowith.
Our interest in the rzt�tter Of
the subject notu; and
utilities is to see that •the, plans .rs proposed are accompl shed
an required by City regulations and restrict
inttn imposed by the
develop -ore. Therefore it is hoped that the data provided hero -
with will be a point of alarlFication on any developmerit required 4
adjoining your property. If you have any questions on thip;
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$7,
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SCALE : i" a 30'
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SCALE : i" a 30'
June 19, 1973
MEMO TO: Mayor H,H, Harrison
and City Council
VIA: Ronald L. Whaley
Chief Administrative Officer
FROM: Leif R. Larson
City Engineer
SU13JECT: Ivart b:iBo£f Easement Disputc
80th Ave. W, and 238th St, S.yl.
Ah:. DiBoff ,f.s ,i.nvol.ved wi,t:h hl.S nelghhors' in a di.sagz:ccmcnt: over
t:he use of` a conmton access and utilities casement between tile. properC:Lca;,
The background on the easement i_r; e;cplai.ned as f.o.l.low::
' (sec attached sketch).
Subdivisions were granted to Richard Rosaia, 5-45-64, and Mr. DiBoff,
1 S-26-68, in 1964 and 1968 respectively. The arran,;ement for the easement for.
access was completed on paper seL't.ng aside a 40 -foot: easement area depicted on
the sketch. Referring to the Planning COP0111rUioll Hcaring Minutes and file
drawings, it was the intention in 1968 to provide accc<:s with a one -'way 10 -foot
1 pavement loop road; the loop road was desired in order to preserve several]."tr.ees.
The west portion of the road was constructed to serve new houses built on the
west „_de. The east halt has not been developed as there are no additional homes
on the DiBoff subdivision. When the westerly half of the road was
a portion of the paving crossed over onto Mr.. I)iBoffconstructed,
's property but within the
access easement, apparently in some effort to use the natural terrain and to
preserve some of the trees. Mr. DiBoff now desires to have the road relocated
westerly which would involve removing a rockery and possibly sonic trees. He
indicated that it was unfair to use more of his property for the access road
' than the neighbor is using.
The City has no vested interest :in the access easement other than the
fact that a utility easement was ;;granted to the City over this same strip.
However, it is,theCity's responsibility to insure that proper development takes
P
lace in accordance with City Codes and Subdivisions. In light of the above
information and,in reference to conversations with our City Attorney, it is
recommended that the parties involved do one of the following:
1. Relocate the rockery and move the paving to the west; or
2. Redesign the access road based on the existing pavement- location with
concurrence with all property owners in qurf;tion ..incl submit this design to
�.' elle City Engineer for approval,
'It is further reco-mmended that the City only involve itself to a.
limited extent in this civil dispute between adjoining property owners.
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Enclosures
EASEMENT
For and in consideration of the mutual benefits to be derived by th,�
parties herein, IVAN DiHOFF and MAUDE DiBOFF, his wife, owners of the
following described real estate:
Lot 7, Block 3, Fruitland Acres, Division No, 2 to
Lake Ballinger acco-rdingto the plat ther�•of
reeorded in Voluru0' 10 of Plats, on Page 103, records
of Snohomish Courfty=,=,Washington;
and RLC1[ARD P, tZOSAIA and ALIC P' NI. ROSATA, his wife, owtwrs of
the following desc.ribcd real estate:
Lot 6, Block :3, Fruitland Acres Division. -No, 2 to
Lake Ballinger. according to the plat thereof
recorded in Volume 10 of Plats, 103, records of
Snohomish County, Washington;
do and they hereby grant and convey to the City of Edmunds, a municipal cor-
poration, and further, grant to one another, their respective heirs. successors
AN EASEMENT for ingress, egress and utilities over, under, along,
and upon the following described real property:
A'strip of land 40,00 feet in width extending northerly
from the South line of'I lock 3, Fruitland Acres
Division. No, 2 to Lake Ballinger, according to the
plat thereof recordedin Volume 10 of Plats, on page
records ofSnohomish County, Washington, and
'terminating in Ides having a radius of 35;00 feet,
`the:' centerline of ,xh ch strip of land is described as
follows: Beginning at the southernmost corner common
to Lots 6 and 7 in the aforesaid Block 3; thence northerly
along the line common to said Lots 6 and 7, a distance
of 213. 40 feet to the center of the aforementioned
culdesac and the terminus of the centerline herein
described.
EXCEPT that portion thereof described as follows -'
Conirnencing at, the southwest cornet, of said Lot 7;"`"
whence easterly, along the south line of said Lot -7, a
distance of 10. 00' feet:to the True Point, of Beginning;
;'thence continuing easterly, along the south line of said
.CHESTER R: SENNETT
ATTORN&V AT LAW
L[Bi.i[ BUILOINO
its YOURTH AV[NU['JOUTN
F.OMONOB• WASHINGTON 88010
g
ro i_,0tl distance of lt) oo feet the " x lortherty,
par with the west line of said ja distance
of 35:'-00 feet; thence southwesterly fz3 t e True Point
' of Beginning.
The purpose and intention of the easement hereby granted to the City
of Edmonds, and to one another, is that the City of Edmonds, the parties
hereto, their, respective heirs, executors, administrators, personal represen-
tativ es. and assigns shall have equal rights of ingress and egress over and upon
all that portion of said rnadwaV casement, and that thu City of Edmonds shall
have similar rights of egress and ingress PLIiS the additional right of using
the same property for utility easetnent purposes.
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€i �� Iva r DiL'off_
Maude MBotf
- -- ----
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STATE OF WASHINGTON)
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( ss
COUNTY OF SNOHOMISH )
On this day personally appeared before me Ivan DiBoff and Maude
DiBoff, his wife, and
to me }mown to be the individuals described in and who executr,d the forc��rni.ng
instrument, and acknowledged that they signed the same as their free and
voluntary act and deed, for the uses and purposes therein mentioned,
'. GIVEN under my hand and official seal 'his day of ;
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a
!votary Public in and for the State of
Washington, residing at Edmonds.
STATE OF_Washington
` County of_zSOhomish }
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j On this 23rd day of August A. D. 19 68, before me, the under.
l signed, a Notary Public in and for the State of Washington _, duly commissioned
and sworn, personally appeared___BiChaX_d_P. Rosaia _ _ _
tome known to be the individual described in and who executed the foregoing instrument for him df and
as attorney in fact of Aline_Aj R,n_-aia _-also therein described, and acknowledged to me that
he signed and seared the same rs his voluntary act and deed and as the free and voluntary act and deed
} of the said Alma M Rnsaia for the uses and purposes therein mentioned, and on oath
stated that the power of attorney authorizing the execution of this instrument has not been revoked and that the said
_is now living.
WhiNriK my hand and official seal hereto affixed the day andel year in this certifi
pt, above written.
Notnry Pu61ic in and for the Stnte o(__WAAin9tQn_._..._
reniding nt- _Ed-onda__..___
(Aek—ledgment 6y Self and n. Attorney in F—t. W—hingron Title In --ran— Compnny. Form L31 )
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EIX.'ONDS CITY COUNCIL MINUTES
_!,_
The motion was then voted:upon and this al, -so carried.
APPROVAL OF PR>;I,)1,lll?ART' PLA'( OF SOi 1 I6EI
City. Planner, Joe Wallis reported this matter ltad been considered by the
council ;at its limy 15th meeting and tl:e Planning Commission has since approved
„s tho,%preliminary sub -division. H,• pro ected Slides on the screen showing the
area.innYquestion. Mr. Wallis said t'. --at tae proposed sub -division is in subs
s'tantiai:compliance with th,- sub -division regulations, and it is hi, recommendation
that,tho;,flub-divisiozz be approved on a preliminary basis. Councilman'Gellert
ashed'if,there.trore not to be some changes with regard to lot lines and the
'angulation. ,Mr. Wallis said they have heal a re -:submittal with that correction
made. Councilman Gellert moved seconded by Councilman Nelr>on to approve the
P. reliminary plat of Somerset as 'presented,, Motion carried.
APPROVAL OF FINAL PLAT OF,GATEWOOD
City Planner, �J'oe Wallis, stated that the final. plat is in conformance with the
p.roliminary.subm.i.ttcd. Tho only difference that har; occurred in that,they haV'o
rC-located thc,'accossoo oilto 220th, which does not conform to the stipu;f.atipnp
made in�the motion approving the preliminary plat. He asked that the enginbexing
consultant explain' to council why he took the action that he did. CouncilmAn
..,Go llert'askod if ti;a number of accesses had been changed, on 220th. Mr. Wallis
replied"that the total number of accesses on 220th remains the same, but that
there'is an additional arcess on 9th V'ich is also an arterial. City Is'ngineor,
Leif,Larson .,aid that the consultants had submitted an engineering drawing with
some. corrections made, but ;le did not know V. -le reason for the changer. lir. Jurgen,
'auerlanA of"Raid, Middleton said t: at at the time they :,ubmitted the preliminary
plat they did not know all of the f',tetor:; involved ar., far as the topography of
the property war3 concerned. He -,aid ghat in preparing the engince.ring plana, they
"found in the, field, that t, -,ora war;quite a knoll and it made it more feasible for
'sito tzrd'•.ul o for clraring (taking out the minimum amount of tree), to place
i -he access ;between lots, 5 and 6. lie indicated thin; on a drawing which he showed
to the,councilo Ile altuo explained that they put the other recess in on 9th
as they did,not.want,to place the (rousse on lot 9 on fill.
Following disdusaion®
Councilri;an Gellert moved seconded by Councilman Anderson that the plat be
approved; with 'the restriction recommended by the ongincer"that there be three
.';'accesse:zon 2.20th SW. Motion carried.
APPROVAL OF 'TE14PORARY CONCf;S;,IOI'd AGrzET;'t Dur FOR IOUI?TH OF JULY
-77-77
n
The following oxgartizations-have 'submitted applications for temporary eonceasiOnfiAf
ce and have been approved by the
They have su.bmitted,proof-of adequate insuran .
Police and Fii_o Chief n: I
1. Boy Scout Troop {301 -Annual Chicken -Q
Edmonds Assembly #38, Order of Rainbow Girls - hotdogs, pop, 'eta.
A;motion'was. nido by,Couneilman He)son and roconded by. Councilman Andormon to
ap�rove;tlle above applications. Motion carried.
;REPORT kZOM E?\'(3J.PII;F;R OPT Dit30IF' F'ASitif,trP MATTPR
City.'Engineer,;;Leif Larson reported on this matter and referred council members
t'o a`four page'memo which;had been submitted to the Mayor and council: There
ti'a'a sketch i'iioluded w1iid'h showed the casement and the problem n involved.
Idr:°Richard Ropaia ,t;ad sui divided his property in 1961+ wit:z a 20' oar>oment >to
f3®rve"a 'i.ngress ard`egreas to lie, subdivision. Subsequently, Mr. Diboff,
in 19"681;ad a subdivision;and this included a 201 easement on his particular
:piece of property.,Iioweve.r, Mr. Larson Said he believed during the discussions
of,t
,he Planning Commission, tna.t it was indicated that due to the fact that
CITY COUNCIL I-IINUT S
=7 0. 190
-5-
there were some nice trees in the eaorrnent t"lat tliey work j -L out in
such a way that the cars would cone in On OnO side and chwic rwolltlld and 90
out on the other UK. An easement was granted by Nr. DJI)off and Mr. Rosliia
makdng everybody an interested panty incladi.-.9 the City of Edmonds for the
purpose of providing tl.e ingress and Pa:-;ai,a developed his Property
first and apparently put the road in ,;o it on both pieces of property.
At the time W. Rosaia's C--,int,.,l and Unc, :-;,,)))division approved,
there were no conditions on the development and Mr. Larson did not believe
there were any for Mr. Diboff's property either. NTovi 'eir. Diboff feels that
the rockery that has been placed an the Wuu property is a violation of the
easement. Mr. DiboCf has taken out a fence pe.rmit inKnAng to fmac hi
property, which would require the people on the went to drive on that par-
ticular,easement. Mr. Larson said it, seemed that the intention of the casement
that was signed 'to >the City and by the, pro prrty owners that it supposed
to be qscd to ingress and egress' to all. However, at this time it is a question
as to what legal position should be talmn. It was hoped that it could be worked
out between and property owners, but it has not. The only thinz that could
f the casement, -1-1
be done then is to re -locate the rockery no it in out Of t -s -nt, , id
then hope .1 a road system could be dcaigned-Unt would be satisfactory to everyone.
Mr. Larson thought at this point are should ,.,f;k the City Attorney what position
the City has in this matter.
Deputy City Attorney, ulio rocl<r:vy clearly i i ri n res
,Attorney,kJohn d t g
upon the City'sCity'sri.ght of egress and inCrot;;; which has '(;(,on granted under the
0f -,.,y Invai-,;ion Pex -m3L would be
various easements. As such, without a 1&9h4 - W
an improper use impinging an the C ��y accer�.,3 rights- City would br, within
1
its rights to request the removal of those M r. Wallace stated
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further that fencing any of the area would swiss imping ys
--o Titere was di;-Icuss�ojj wi.t�j �,jr. J)jboff, who
rights of ingress and og, os.
was in the audience, as to the location of NO= Mr- *1 said it
seems to be a matter calling for the renwal. of the.rockery. ife said they
did wr"e a letter to the owner and no action har; been taken and did
1 (. wn. ThoreforO, he
not think it wan right for Mr. DDmff to put a fence (I
thought that the only action tW we could i;akn in that thir, rockery be removed
of the original. unvoynits and the Planning; Commission
and that the intentionn
be carried out. CouncLi PAced i f the fanca ww.; in uxtitency now. Mr. DU;off
t -om nn atto
Inswored t .t he, ha.d -' 'Lai (,,(I jL, but he too ],atter fi rney,
-ed by him to check with
Bennett and advised and then in turn had consulted fir.' Ben
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the Mayor and Council before proceeding any further. Mr. Diboff* said he wt ted
to sell the two back lots, but the buyers did not want to buy because of the
that he owed some bills and wished
way the road is net up. Mr.'Dihoff said thz
-one
to sell these two lots in order to pay, thestr bills. H thought some could
IVA
put a lien an his property if this was, not taken care of soon. Councilman
-
Nelson quorstionel,,"r, Diboff as to � the Io ca tion of his fence. Mr. Diboff said
he propolseel.'to run.v•it! right down the611 property lin" Councilman P115on then
ntcd�:6ut — t ib.f'f' has, rude an ,invasion of the right-of-way with his
pol that
proposed .fence and the B ruO 16 havea a invaded the riGht-of -way, so they are
both violating the 'mutual 'contrid. that wa-i entered into. Mr. Dibof f said that
he needed his 201 of the easement I in order to have a private access road, which
would then make it possible for him to --ell his two lots. Mayor Harrison said
6 1, rand I,-;ik(! action to forcc tho BVur,-s to
we uhould take: the 8(1Vj(,J-,
'3Y- Mr. Mark Schiriman, :'.3'%09 - 80th
pull their rockery out of the right-ofw, -
Lane, said that it would not affect him one way or t. -,e other if the rockery
another
remained there or was moved, but he asked if there would be room for an
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road to that the other two houses could be built? Mr. Larson said we require
it was indicated that there would be 101 of the road
20t. He said at the timeit
on one easement and 3-01 on the other ear;cment. Removing the x would -
straighten out the road and conform to the agreements that were made in regard
to the subdivision and development of the property. Mr. Schinman asked who
would pay for this. Mr. Largon said he assumed the gentleman who was responsible
1.1-ovement out
for putting the rockery in would be responsible for moving the !. ,,I)
of the easement, but he said he would defer that to the attorney. Mr. Schininan
asked who would pay for moving the road over. lh� Larson said he could not
19 --ked out.
n 5%:er that, but hoped that this w:something omething that could be wo
DATE VV HOUR
TO
WHILE YO WERE OUT
PHONE ---
EA COD
TELEPN ED
RETURNED CALL LEFT PACKAGE
PLEAS CALL
WAS IN PLEASE SEF. ME
WILL ALL AGAIN
WILL RETURN IMPORTANT
ru 11,SIGNED
`',TTLE'S OFFICE SUPPLIES
P. A -7
March 20, 1974
MEMO TO: DiBoff Sudivision File
FROM: Leif R. Larson
'
City Engineer
SUBJECT: Ivan DiBoff; Richard Rosaia and Abutting Property
Owners' Easement Dispute: I 80th`Ave. 14. & 238th St. S.W.
Levy Johnston, attorney for one of the property owners, indicated'
on March 18 that Mr. Rosaia is about to purchase the two (2) remaining rear
lots of Mr. DiBoff's subdivision. He further indicated that the property
owners were going to proceed in executing agreements on the basis of my
f"
recommendation #2 on the attached memo of June 19, 1973.
I indicated that there were no objections from the City of Edmonds
on the agreements and future easement development providing they conformed
I`
to the intention of the 1968 subdivision approval to provide for a one-way
ten foot (10') pavement loop road with adequate turn around.
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Attachment
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cc: Planning Department
(S-26-68 & S -45-64)f
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