07-24-2023 Council Packet - Laserfiche WebLink

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approximately 6 inches to 12 inches. So, if this is a grading plan, where is the note to explain what will be done once the timbers are removed such that my yard and gardens don't fall into the neighbor's yard? Conversely, the Landscape Plan, Exhibit B5, shows the border timbers still in place with the new bluff plantings. So, which document correctly depicts the homeowner's plans? Exhibit B1, Updated Survey This newly titled "Topographic Survey" is merely an update of the "As-Built Survey" presented to the City Council on February 21, 2023. Both surveys contain the same Notes verbiage, i.e., the "Field survey was completed by E.G.Rud and Sons, Inc. on 01/10/22", and "This survey boundary was calculated using a survey by Gronberg & Associates Land Surveying dated 5-18-22". The date of 01/10/22 in the Notes section is a typo mistake for the year 2022 because the Gronberg Survey did not exist until May of 2022, and the licensed engineer signed the As- Built survey on January 31, 2023. I mention this because hardcover calculations on a small lot are important to manage water run-off between properties. The existing house footprint decreased from 1425 sq.ft in the Gronberg survey completed in May 2022 to 1343 sq.ft in the E.G.Rud Survey completed in January 2023. So, how does the footprint of an existing home change by 82 sq.ft between surveyor's? Please note that the property boundary line between 2013 Casco Point and 2815 Casco Point are not in agreement based on two separate surveys conducted by Gronberg & Associates in 2004 and 2022, respectively. As of 7/21/2023, Mr. Gronberg has indicated he will send out a surveyor to reconcile the discrepancy within the next few weeks. However, I do not believe this is an issue regarding the placement of the bluff retaining walls between our adjacent properties, but this was an item of concern in previous Council meetings. Exhibit B2 - Construction Plans Hold Harmless Agreement (stated on Sheets 1 &2): 1st Paragraph: "The designer is not supervising the work on this project. Therefore, the use of these drawings by the owner or any contractor, subcontractor, builder, tradesman, consultant, or workman shall constitute a hold harmless agreement between the drawing user and the designer. The user shall in fact agree to hold the designer harmless for any responsibility in regards to the construction means, methods, techniques, sequences or procedures and for any safety precautions or programs in connection with the work." 2nd Paragraph: "The designer is not under contract to oversee the construction of this project or the means, methods, techniques, sequences or procedures in connection with this work. The use of these drawings and any specifications constrained therein, hereby agrees to hold the designer harmless from liability for damages and problems arising from acts or omissions of owner, tenants, contractors, subcontractors, tradesmen or workmen. The use of these drawings also implies that the designer takes no responsibility for the plan user's failure to carry out the work in accordance with the drawings or contract documents." Limit of Warranty of Designers Work Product "The designer and his consultants do not warranty or guarantee the accuracy and completeness of the work product therein beyond a reasonable diligence." The reason I highlight the "hold harmless" verbiage listed in the Gates Design drawings is that