20110919165309434.pdf0006.900000
WSS/gjz
10/13/98
R:10/29/98gjz
ORDINANCE NO. 3231
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, AMENDING A CONTRACT REZONE FOR
CERTAIN PROPERTY COMMONLY KNOWN AS HARBOR
SQUARE, AND FIXING A TIME WHEN THE SAME SHALL
BECOME EFFECTIVE.
WHEREAS, following notice, a public hearing was held on September 14, 1998
regarding the amendment of a contract rezone previously approved for certain property located at
150 West Dayton, Edmonds, Washington, and
WHEREAS, the City Council is in receipt of the recommendation of its Planning
Board and having heard the testimony presented at this hearing adopts as its analysis findings and
conclusions contained in the September 9, 1998 recommendation of its Planning Board, NOW,
THEREFORE,
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO
ORDAIN AS FOLLOWS:
Section 1. The contract rezone for certain real property located at 150 West
Dayton, shown and described in planning file no. R-4-79 and R-98-107 is hereby amended by
the amendment of Condition B.7 of document entitled "Agreement and Covenant Constituting a
Contract Rezone" and recorded at Book 1668, Page 2451 as Document No. 8005060198 of the
records of Snohomish County, Washington, said condition B.7 being amended to read as
212954.10 -1-
follows:
The maximum building height shall be thirty-five (35) feet.
Section 2. The Mayor is hereby authorized to execute a contract rezone
addendum, attached hereto as Exhibit A and incorporated by this reference as fully as if herein
set forth. Upon execution, the City Clerk is hereby authorized to file such document in the land
records of Snohomish County, Washington.
Section 3. Effective Date. This ordinance, being an exercise of a power specifi-
cally delegated to the City legislative body, is not subject to referendum, and shall take effect
five (5) days after passage and publication of an approved summary thereof consisting of the
title.
APPROVED:
MAYOR, BARBARA S. FAHEY
ATTEST/AUTHENTICATED
r _
CITY CLERK, SANDRA S. CHASE
APPROVED AS TO FORM:
OFFICE OF THE CLTY ATTORNEY:
BY
FILED WITH THE CITY CLERK: 10/30/98
PASSED BY THE CITY COUNCIL: 11/02/98
PUBLISHED: 11/08/98
EFFECTIVE DATE: 11/13/98
ORDINANCE NO. 3231
212954.10 -2-
EXHIBIT A
/.-171T►1�i1 I • • ► • ►1
WHEREAS, a document entitled "Agreement in Covenant Constitution a Contract
Rezone" was approved by the City of Edmonds pursuant to File No. R-4-69; and
WHEREAS, the City of Edmonds, on the application of the property owner and
following the process established by state law and City ordinance for the amendment of contract
rezones, has an approved amendment of said contract rezone, NOW, THEREFORE,
This Addendum is entered into by the City of Edmonds, Washington (hereinafter "City")
and Port of Edmonds, (hereinafter "Owner") under the terms and conditions set forth herein.
1. This Addendum is an amendment of a document entitled "Agreement and
Covenant Constituting a Contract Rezone" recorded in the land records of Snohomish County,
Washington, as Document No. 8005060198 and recorded at Book 1668, Page 2451 of said
records. Said underlying agreement is hereby amended in, but only in, the following respects,
to -wit: By the repeal of Condition paragraph B.7 and the insertion in its place of a new
paragraph B.7 reading as follows:
The maximum building height shall be thirty-five (35) feet;
In all other respects the underlying agreement remains in full force and effect, except as
specifically amended herein.
DONE THIS ® day of " ®, 1998.
CITY OF EDMONDS
By:
Mayor Barbara S. Fahey
ATTEST/AUTHENTICATED :
By:
Sandra S. Chase, City Clerk
STATE OF WASHINGTON )
) ss.
COUNTY OF KING
PORT OF MON
By:
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I certify that I know or have satisfactory evidence that Gj1z z- i4�
Pf?aS-nTr4���,! -�- of Z i24r 25- Z21noAO- and said
acknowledged that (he/she) is qualified to sign this instrument and acknowledged it
(his/her) free and voluntary act for the uses and purposes mentioned in the instrument.
Dated: - � ?o s—
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WSS212959.1X/F0006.900000/B0006.
(print or type name)
NOTARY PUBLIC in and for the
State of W shington, residing
at:
My Commission expires: it - V • L?o
is the
person
to be
SUMMARY OF ORDINANCE NO. 3231
of the City of Edmonds, Washington
On the 2nd day of November, 1998, the City Council of the City of Edmonds, passed
Ordinance No. 3231. A summary of the content of said ordinance, consisting of the title,
provides as follows:
AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING A
CONTRACT REZONE FOR CERTAIN PROPERTY COMMONLY KNOWN AS HARBOR
SQUARE, AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE.
The full text of this Ordinance will be mailed upon request.
DATED this 3rd day of November, 1998.
116
CITY CLERK, SANDRA S. CHASE
STATE OF WASHINGTON,
ss.
COUNTY OF SNOHOMISH,
8-2-1
Affidavit of Publication
The undersigned, being first duly sworn on oath deposes and says
that she is Principal Clerk of THE HERALD, a daily newspaper
printed and published in the City of Everett, County of Snohomish,
and State of Washington; that said newspaper is a newspaper of
general circulation in said County and State; that said newspaper
has been approved as a legal newspaper by order of the Superior
Court of Snohomish County and that the notice ........................................
.....Su-.aun ry... 4.f..Ord nance...N..o.,....3.2..3-1......................... I I . ................
......................................................................................................................................
a printed copy of which is hereunto attached, was published in said
newspaper proper and not in supplement form, in the regular and
entire edition of said paper on the following days and times, namely:
...._November.8, 1998
...
......\........ ...................... .................................. ..
nd tl It said newspaper was rT"arly distribute to its subscribers
aur ng all of said pe\iod.
rincipal Clerk
Subscribed and sworn to before me this.......9t11.............
19..98..
otary Public in and for he a
residing at Everett, Snohomish
e`® t!
®%% �OgF3E J. ,q
0 NOTARY 9m
® Nt
cn PUBLIC ti : .Z�-v
"I" oF�WASN;�®`'6
ADDENDUM TO CONTRACT REZONE
WHEREAS, a document entitled "Agreement in Covenant Constitution a Contract
Rezone" was approved by the City of Edmonds pursuant to File No. R-4-69; and
WHEREAS, the City of Edmonds, on the application of the property owner and
following the process established by state law and City ordinance for the amendment of contract
rezones, has an approved amendment of said contract rezone, NOW, THEREFORE,
This Addendum is entered into by the City of Edmonds, Washington (hereinafter "City")
and Port of Edmonds, (hereinafter "Owner") under the terms and conditions set forth herein.
1. This Addendum is an amendment of a document entitled "Agreement and
Covenant Constituting a Contract Rezone" recorded in the land records of Snohomish County,
Washington, as Document No. 8005060198 and recorded at Book 1668, Page 2451 of said
records. Said underlying agreement is hereby amended in, but only in, the following respects,
to -wit: By the repeal of Condition paragraph B.7 and the insertion in its place of a new
paragraph B.7 reading as follows:
The maximum building height shall be thirty-five (35) feet;
In all other respects the underlying agreement remains in full force and effect, except as
specifically amended herein.
DONE THIS day of 0 y ®, 1998.
CITY OF EDMONDS
By:
Mayor Barbara S. Fahey
ATTEST/AUTHENTICATED :
By:
Sandra S. Chase, City Clerk
STATE OF WASHINGTON )
) ss.
COUNTY OF KING
PORT OF MON
By:
Its: tZ G✓ ay /
I certify that I know or have satisfactory evidence that kjlz-L i4r.�f % 6}KC-,3
of ��, _fir Z�InoA-0 ` , and said
acknowledged that (he/she) is qualified to sign this instrument and acknowledged it
(his/her) free and voluntary act for the uses and purposes mentioned in the instrument.
Dated:3:)
WSS212959.1X/F0006.900000/B0006.
4 t
(print or type name)
NOTARY PUBLIC in and for the
State of W shington, residing
at:/_ n-2111-.. len'l r34. .
My Commission expires: // - V - po
is the
person
to be