Ord 2102 R-6-79.pdfORDINANCE NO. 2102
AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON,
AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF
EDMONDS, WASHINGTON, BY CHANGING THE ZONING
CLASSIFICATION OF CERTAIN PROPERTY LOCATED WITH-
IN SAID CITY FROM SINGLE-FAMILY RESIDENCE 8,000
(RS 8) TO NEIGHBORHOOD BUSINESS (BN), AND
AUTHORIZING THE EXECUTION OF AN AGREEMENT AND
COVENANTS, PURSUANT TO PLANNING COMMISSION RESO-
LUTION NO. 632.
WHEREAS, the Edmonds Planning Commission has held a
public hearing and has forwarded its.recommendations to the City
Council in Resolution No. 632, and
WHEREAS, a public hearing was called by the City Council
of the City of Edmonds, Washington, and at the conclusion of said
hearing the City Council having determined as follows:
1. That the proposed zoning change conforms with the
intent of the Comprehensive Policy Plan.
2. That the surrounding neighborhood has undergone sub-
stantial change due to increased traffic and commercial development.
3. That reclassifying the property to BN, subject to
the additional limitations on the use of the property imposed by
the contract tendered by the owner to the City, will allow develop-
ment which is compatible with adjoining uses and appropriate for the
area.
4. The proposed zoning change as limited by contract,
bears a reasonable relationship to the zoning and uses of the
surrounding and nearby properties and will provide a buffer use
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between the commercial uses to the north and the residential
uses to the south.
5. The proposed zoning change will not be detrimental
to the public health, safety, morals or welfare of the community
with the additional limitations imposed by contract.
6. That in accordance with findings of the City's
responsible official, there will be no significant adverse environ-
mental impacts to the surrounding properties either within or without
the jurisdiction of the City of Edmonds with certain additional
limitations imposed by contract tendered by the owner to the City,
now, therefore,
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO
ORDAIN AS FOLLOWS:
Section 1. The Official Zoning Map of the City of
Edmonds, Washington, be and the same is hereby amended by changing
the zoning classification of the following described parcel of
property situate in the City of Edmonds, Snohomish County, Wash-
ington, from Single -Family Residence 8,000 (RS 8) to Neighborhood
Business (BN). The legal description of the property is set forth
on Exhibit'"A" attached hereto and incorporated by this reference
as if set forth in full.
Section 2. The Director of Community Development and
the Director of Public Works are hereby authorized and directed
to effectuate the necessary amendments to the Official Zoning
Map of the City, pursuant to this Ordinance.
Section 3. The Mayor is hereby authorized to execute
and the City Clerk to attest that certain document entitled "Agree-
-2-
ment and Covenants" consisting of four typewritten pages, which
was executed by the owners of said property on the 16th day of
November, 1979, and tendered to the City. The City Clerk is
further directed to record said Agreement and Covenants with
the Snohomish County Auditor as a covenant running with the land.
All costs of recordation shall be paid by the owners.
Section 4. This Ordinance shall be in full force and
effect five (5) days after passage and publication by posting as
provided by law.
APPROVED:
MAYOR, H. H. HARRISON
ATTEST/AUTHENTICATED:
CITY CLERK; IRENV VARNEY'KORAN
APPROVED AS TO FORM:"
OFFICE OF THE CITY ATTORNEY:
11W
FILED WXV THE CITY CLERK: October 11, 1979
PASSED B THE CITY COUNCIL: November 20, 1979
POSTED: November 21, 1979
EFFECTIVE DATE: November 26, 1979
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EXHIBIT A
LEGAL DESCRIPTION FOR R-6-79
Lot 2, Bergquist Addition
Records of Snohomish County, Washington
AFFIDAVIT OF POSTING ORDINANCE
STATE OF WASHINGTON )
) ss:
COUNTY OF SNOHOMISH )
IRENE VARNEY MORAN , being first duly sworn
on oath deposes and says that s he is over the age of eighteen
(18) years and is competent to testify as to the matter
stated herein.
On the 21 day of November , 197 9, affiant
posted true and correct copies of the attached Ordinance No.
2102, passed by the City Council on the 20 day of
November , 197_A, at the three official posting places
for City notices which are the public bulletin boards at
the following locations:
Edmonds Civic Center
250 Fifth Avenue North
Edmonds, Washington 98020
Edmonds Public Library
Civic Center
250 Fifth Avenue North
Edmonds, Washington 98020
Edmond Branch of the
United States Post Office
201 Main Street
Edmonds, Washington 98020.
DATED this 21 day of NnvPmher p 1972.
�_11��
6
SUBSCRIBED AND SWORN to before me this day of
197,Z.
tar Public in and for the
State of Washington, residing
►c
AGREEMENT AND COVENANTS
WHEREAS, Richard Breen and Diary Ann Breen, husband
and wife, hereinafter referred to jointly and severally as
"Breen", have tendered this Agreement and Covenants to the
City of Edmonds, a municipal corporation, hereinafter referred
to as "Edmonds", and the same having been duly considered by
Edmonds, and
Ca -r
WHEREAS, Breen has applied for a change in the
zoning of the certain real property from Single -Family
Residential 8,000 (RS 8) to Neighborhood Business .(BN), and
WHEREAS, Edmonds has caused the application in its
entirety, including, but not limited to the Environmental,,
Checklist, to be reviewed by its planning and Enginee-F
Divisions and has fully considered recommendations (r0aps�y `
after such staff review, and
WHEREAS, Breen has tendered this Aareemeand
tis
Covenants imposing certain limits on the use of said property,.
now, therefore,
IT IS HEREBY AGREED AS FOLLOWS:
1. Breen is the owner of the following described
real property located at 23107 - 100th Avenue West, in the
City of Edmonds, and legally described on Exhibit "A",
attached hereto and incorporated by this reference as if set
forth in full.
2. This Agreement is tendered by Breen to Edmonds
and accepted by Edmonds, and all parties agree it is applicable
vni 1640 PA U"348
to the parties to this Agreement, their heirs, successors
and assigns, both as to duties and benefits. The terms of
this Agreement shall be specifically enforceable in equity
by Edmonds.
3. Edmonds shall be under no obligation to issue
Breen or their successors or assigns a building permit
and/or other permits for improvements, structures or uses
upon any of the subject property of Breen unless such im-
provements and/or uses comply with the terms of this Agree-
ment and the applicable ordinances at the time of any
application for said permits.
4. This Agreement and each part of it shall be
considered covenants running with the land described
paragraph 1 and shall be binding upon Breem and the's}si
cessors and/or assigns. It shall be recorded with X84,.
r
Snohomish County Auditor in the grantor/grantee in ''Wig '''10 .-.
Breen being listed as the grantor and Edmonds as grantee.
1
All recording costs are to be paid by Breen. Such recordation
and payment of said costs shall be a condition precedent to
Breen exercising any rights under the terms of. this Agreement.
5. In consideration of Edmonds reclassifying the
subject real property from RS 8 to BN, and for so long as
the property remains so classified, Breen covenants to limit
the use of such property to a single family residence or
prof ess.ional offices, as defined by Section 12.12.170 of the
Edmonds City Code, as now exists or as may hereafter be
recodified.
? 9 2 6
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6. No applications shall be made by Breen or
their successors or assigns to amend this Agreement for a
period of two (2) years from the date hereof. Thereafter,
either Breen or their successors or assigns, or Edmonds may,
upon application, apply to amend or terminate the provisions
of this Agreement or to change the zoning on said property.
Said application to change or terminate the provisions and
covenants or to rezone said property shall be heard in the
normal manner at appropriate public hearings as any other
application for a rezone of property in the City of Edmonds.
Such action by either party shall not release the other or
its successors or its assigns from the obligations assume416_,7,,1,
11,
under this Agreement, unless and until such applicor'k,�
shall be duly approved by Edmonds.
f
7. In the event Edmonds brings suit to enf`brq. '1�" &
any of the provisions of this Agreement and prevails 'in sucjl , f,
litigation, then it shall be entitled to reimbursement of
all costs for said litigation together with a sum as and for
reasonable attorneys .fees.
8. Breen shall furnish the City with a suitable
title insurance report showing ownership of the property
described in paragraph 1 as vested in Breen prior to rezone
of the subject property.
---- Th-:-s--A-gr-eeme-nt--is---ef-fectiv and bind- nq—upon
Br-een-,c,n1-y -f--this--Agreement -is executed- and ---entered-In to- _by
t-he--C-i-t-on -or----before
--Dec-embOt--31,--197-9---
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IN WITNESS WHEREOF, the parties have executed this
contract this' 41-- day of October, 1979.
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2
10
RICHARD BREEN
"z
MARY ANN PEEN
CITY OF EDMONDS:
OR, H. H. HARRISON
ATTEST:
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CITY CLERK, IRENE V
DATE:
-4- V1111.040 P'�, c,'E' 3 5 T
01,
STATE OF WASHINGTON )
) ss.
COUNTY OF SNOHOMISH )
On this day personally appeared before me fi CM1r1RA W,
reel and Mary jinn 6v ee,.-\ , to me known to be the
i.ndi.viduals described in and who executed the within and
foregoing instrument, and acknowledged that they signed the
same as their free and voluntary act and deed, for the uses
and purposes therein mentioned.
�,:.•��\N`�j ,int yi
GIVEN under my hand and official seal
day of October, 1979.4,'
N ARY PUBLIC In and dor
to Washington, resia'n�r� f� i
STATE OF WASHINGTON )
)ss.
COUNTY OF SNOHOMISH ) r
y�
On this 30t11 day of-0et-ober, 1979�o i0te,
the -undersigned, a Notary Public in and for t at ,
Washington, duly commissioned and sworn, persored._
H. H. HARRISON and IRENE VARNEY MORAN, to meCnow,` e the
Mayor and City Clerk of the CITY OF EDMONDS, V1 inch ' the
municipal corporation that executed the foregoipg.'�nstrAumAnt,
and acknowledged the said instrument to be the fr.ee,gnd
voluntary act and deed of said municipal corporation, for
the uses and purposes therein mentioned, and on oath stated
that they were authorized to execute said instrument and
that the seal affixed is the official seal of said municipal
corporation.
WITNESS my hand and official seal hereto affixed
the day and year first above written.
`CARY
0 AUgti
yffy+ff,,, 1+•+•,`
7912`4026 9
MOTARY PUBLIC in and for the
State of Washington, residing
at
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voL 164® , v 3
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Lot 2, Bergquist Addition, according to the plat
thereof recorded in Volume 15 of Plats, page 105,
records of the Auditor of the County of Snohomish,
State of Washington.
EXCEPT the West 7 1/2 feet thereof as condemned -by,
the City of Edmonds by Decree entered under Snohomi
County Superior Court Cause No. 106246.
•
EXHIBIT A
von 0 mf
353
John 7. Rnooi,e`
"Ili ( .` 900, ON8 \ xxa (� -- r���r)
lU800 �� 8Lh
8206150194Box C-90016
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Bellevue, W& 98009
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hMDNDME0l, TO RESTRICTIVE COVENANTS
OF BERG0DZS7 ADDITION, SNUDOMIGH COUNTY
THIS Amendment to Restrictive Covenants for real property
known as the Berqqoist Addition/ Snohomish County, State of Wash-
ington, is entered into this 6th day of June, 1982, by the
signatories 'set forth below/
WHEREAS, certain restrictive covenants and restrictions
were imposed on the lots and properties of that subdivision known
as Bergqoist Addition, Snohomish County, Washington, and recorded
with the Snohomish County Auditor on January 30, 1956, under Audi-
tor's Number 1176732, said restrictive covenants entitled "Becg-
quist Addition Restrictive Covenants Running With Land", a copy of
said Restrictive Covenants attached hereto marked Exhibit K and
`
incorporated herein by reference (said Restrictive Covenants here-
inafter referred to as «8ergquist Addition Restrictive Cove- '~
nants"), and
VV8DRBA5, the lots and properties subject to said Restrict-
ive Covenants and Restrictions are legally described as follows:
and
Lots l through 21/ Berqquist Addition, according to
the plat thereof recorded in Volume 15 of Plats, page
I05, Records of the Auditor of the County of Snoho-
mish, State of Washington.
EXHIBIT "A"
8206150194
VV8ORB&S, pursuant to Paraqcaph 14 of the Rerqquigt Addition
Restrictive Covenants, said Covenants were to
[R]un with the land and shall he binding on all par-
ties and a]I persons claiminq under them for a period
of 25 years from the date these Covenants shall be
automatically extended for successive periods of IO
years unless an instrument signed by a majority of the
then property owners of the lots has been recorded,
agreeing to change said Covenants in whole or in
part,
and
'
WHEREAS, certain substantial changes to the vicinity have
occurred that significantly affect Lot 2/ Lot 14 and Lot 15 of the
Reroqoist Addition Plat, and that to limit said Lot 2, Lot 14 and
Lot 15 exclusively to residential use would now he infeasible and
would not serve the objects or purposes of the Berqquiot Addition
Restrictive Covenants, and that such substantial changes require a
modification of the Berqqolst Addition Restrictive Covenants as
they relate to Lot 2, Lot 14 and Lot 15 of the �ecqguint Addition
Plat; and
WHEREAS, substantial benefit exists to the remaining Intg
of the Bezgquist Addition Plat,
specifically Lot l, Lots 3
through
13 and Lots 16 through 21, to
maintain the
Bergguist Addition
Restrictive Covenants in their
entirety on
said Lot I,
Lots 3
through 13 and Lots 16 thurugb
21, so as to
preserve the
single
family residences developed on said lots; now,
therefore,
The Becqquist Addition
Restrictive Covenants
are
hereby
amended as follows:
_2_
/
l. CovanonLo 2, 4 and 9 of the Rerqquist Addition `
Restrictive Covenants are hereby terminated d vacated as they
relate to the following described real prnporty:
Lot 2, Rerqqoist Additionr according to t -be plattheceo[ recorded in Volume 15 of Plats, page 105«Becorda of the Auditor of the County of Snohomish,State of Washington. EXCEPT the West 7-I/2 feettherenf as condemned by the City of Edmonds by Decree uudec Snohomish County Superior Court Cause
No. 1062415.
(said real property hereinafter referred to as "Lot 2, Bergquist
Addition"),
2. That Covenants l through 16 are hereby vacated and
terminated in their entirety as they relate to the following des-
cribed real property:
Lots 14 and 15, Berqauist Addition, according to the
plat thereof recorded in Volume 15 of Plats, page I05,
Records of the Auditor of the County of Snohomish,
State of Washington. EXCEPT the West 7-I/3 feet
thereof as condemned hy the City of Edmonds by Decree
entered under Snohomish County Superior Court Cause
No. 106246.
3. That the ƒollnwinq Restrictive Covenants shall be im-
posed on Lot 2 of the Bergquiat Addition, shall run with said
land, and shall be binding on all parties and all persons claiming
any title or interest thereon:
a. That at the time that Lot 2-Berquiat Addition is
used and/mc developed for other than single family
residential purposes, the owner shall:
(i) construct a sin -foot cedar fence for
the entire length of the common boundary
of Lot Z and Lot 3 of the Berqquist Addi-
tion except for the 1.5 feet closest to the
100th Avenue West right-of-way and on the
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entire length of the common boundary of
Lot 2 and Lot I of the Berqquist Addition
at the back most easterly boundary of Lot
2 only, and
( i i ) Fvergreen trees of not-, less than six
feet in height at the time of planting and
spaced ten feet apart shall. he planted and
maintained in a healthy growing condition
on either side of the cedar fence describ-
ed in Paragraph 3a(i) above, and shall run
parallel with the entire fence. Placement
of the trees on either side of the fence
is left to the discretion of the owner of
Lot 2, Berqquist Addition.
(iii) As between the
stood and agreed that
landscaping fulfills
the Edmonds Site
16.45.020(c).
parties it is under -
the above referenced
the requirements of
Development Code
b. That all future development on Lot 2-Bergquist
Addition shall be limited to no greater intensive uses
than single family residences or those uses currently
allowed Pursuant to the professional offices defini-
tion set forth in Chapter 12.12.170 of the City of
Edmonds Code, a copy of which is attached hereto as
Exhibit 13 and incorporated herein as if set forth in
full.
c. That Covenants 2a, b4 and c, set forth above are
to be imposed on Lot 2-BergqUiSt Addition, are to run
with the land, and shall he binding on all parties and
all persons claiming thereunder for a period of 25
years fro41 the (late these Covenants are recorded,
after which time said Covenants shall he automatically
extended for successive periods of 10 years, unless an
instrument signed by a majority of the then owners of
the lots has been recorded, agreeing to change, to
modify or to terminate said Covenants in whole or in
part.
4. That the Restrictive Covenants entitled "Berqquist Ad-
dition Restrictive Covenants Running With Land", filed under Sno-
homish County Auditor's No. 1176732 on January 20, 1956 are hereby
reestablished, reasserted, confirmed and impressed in their en-
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tirety on the f.ollowinq Lots and real property of the Bergquist
Addition Plat, Snohomish County:
Lot 1, Lois 3 through 13, and Lots 16 through 21,
Bergquist Addition, according to the plat thereof re-
corded in Volume 15 of Plats, page 105, Records of the
Auditor of. the County of Snohomish, State of Washing-
ton. Lot 2 except as modified herein.
5. In the event any party brings suit to enforce any of
the provisions of these Covenants and amendments hereto and pre-
vails in such litigation, then such party shall be entitled to re-
imbursement of all costs and reasonable attorney's fees incurred
in said litigation from the opposing party or parties.
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