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20110921132704707.pdf0006.15002 WS S/naa 12/26/85 2547 ORDINANCE NO. AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF EDMONDS TO CHANGE THE ZONING DESIGNATION ON CERTAIN REAL PROPERTY COMMONLY KNOWN AS THE WEBCOL, INC. REZONE LOCATED AT 76th AVENUE WEST AND OLYMPIC VIEW DRIVE, FILE NO. R-3-85, FROM NEIGHBORHOOD BUSINESS (BN) TO MULTIPLE FAMILY - LOW DENSITY (RM -3); AUTHORIZING EXECUTION OF A CONCOMITANT ZONING AGREEMENT AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the Planning Board at a public hearing held on June 12, 1985, considered the following amendments to the official zoning map and the concomitant zoning agreement and made their findings and recommendations which were forwarded to the City Council, and WHEREAS, the City Council at a public meeting on October 1, 1985, reviewed the recommendations of the Planning Board and determined that the proposed rezone should be approved and adopting the Planning Board's findings and conclusions, 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, as adopted by Section 17.00.010 of the Edmonds Community Development Code is hereby amended by changing the zoning class- ification of certain property hereinafter described from BN (Neighborhood Business) to RM -3 (Multiple Family Residential - Low Density) subject to the Concomitant Zoning Agreement executed and recorded as provided herein. The legal description of the property rezoned is set forth in Exhibit A attached hereto and incorporated herein by this reference as if set forth in full. Section 2. The Planning Director is hereby instructed to effectuate the necessary amendments to the official zoning map of the City of Edmonds pursuant to this ordinance. Section 3. The Mayor is hereby authorized to execute and the City Clerk to attest to that certain document entitled "Concomitant Zoning Agreement" attached hereto as Exhibit B and incorporated by this reference as fully as if herein set forth. The City Clerk is further directed to record said concomitant zoning agreement with the Snohomish County Auditor as a covenant running with the land. The cost of said recordation shall be paid by the owners. Section 4. This ordinance, being an exercise of a power specifically delegated to the City legislative body, is not subject to referendum and shall take effect five (5) days after publication of a summary consisting of its title and Exhibit A, in the City's official newspaper. APPROVED: MAYOR, LARPGHTEN ATTEST/AUTHENTICATED: CITY CLERK, JACQUELINE PARRETT APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: BY C - 2 - FILED WITH THE CITY CLERIC: December 30, 1985 PASSED BY THE CITY COUNCIL: January 7, 1986 PUBLISHED: January 13, 1986 EFFECTIVE DATE: January 18, 1986 ORDINANCE NO. 2547 — 3 — EXHIBIT A Tract 103, Edmonds Sea View Tracts, according to the Plat recorded in Volume 3 of Plats', Page 76, records of Snohomish County, Washington; EXCEPT the North 100 feet thereof; AND EXCEPT the East 10 feet as granted to the City of Edmonds under Decree of Appropriation under Snohomish County Superior Court Cause No. 106013. Situate in the County of Snohomish, State of Washirgton. P CONCOMITANT ZONING AGREEMENT I THIS AGREEMENT is made and entered into on the -? X_C Iiay of 1985, by and between R. C. COLEMAN CONSTRUCTION, INC. (and its successors and/or assigns) and EDGAR LEE SMITH, which parties shall hereinafter be referred to as the Owner, and the CITY OF EDMONDS, Washington, which party shall hereinafter be referred to as the City. Both the City and the Owner agree that all costs and/or penalties assessed, if necessary, and/or litigation costs and attorney's fees shall be exclusively those of R. C. COLEMAN CONSTRUCTION, INC. and EDGAR LEE SMITH. WHEREAS, the City of Edmonds, Washington, a non -charter code city, under the laws of the State of Washington (Chapter 35A. 63 RCW and Article 11, Section 11 of the Washington State Constitution) has authority to enact laws and enter into agreements to promote the health, safety and welfare of its citizens and thereby control the use and development of CHESTER R. BENNETT ATTORNEY AT LAW 400 DAYTON / 9111TE A Page 1 property within its jurisdiction; and WHEREAS, the Owner owns certain real property located in the City of Edmonds and more particularly described as set forth on Exhibit A attached hereto and incorporated herein by reference; and WHEREAS, the Owner has applied for a change in the zoning classification of the subject property from Neighborhood Business (B. N. ), to Multiple Family - Low Density (RM -3); and WHEREAS, the City has caused the application in its entirety to be reviewed by its Planning and Engineering Departments and its Planning Board and has fully considered their recommendation made after such review and the recommendations which the City finds to be appropriate are set forth herein; and WHEREAS, the Owners are willing to implement the following conditions in the course of the proposed development and have tendered this contract to the City, now, therefore, In consideration of the mutual benefits and conditions hereinafter contained, the Owner agrees that, in the event the City reclassifies the property described herein on Exhibit A from B. N. to RM -3, and for so long as the property remains so classified, said Owner covenants and agrees to be bound by the terms, conditions and agreements set forth as follows: 1. The steeply sloped area along the west property line must remain as open space, and which open space is f urther subject to a Growth Protection Easement running to the City of Edmonds, which easement is more particularly described as set forth on Exhibit B attached hereto and incorporated herein by reference. 2. No more than twenty units may be developed on the subject property. 3. Comply with all Architectural Design Board requirements. 4. The applicant shall prepare a contract insuring compliance with CHESTER R. BENNETr ATTORNEY AT LAW noo DAYTON/ SmTN A Page 2 the above conditions. Notwithstanding any other provisions of the Edmonds City Code and Community Development Code, as now or may hereafter be amended or recodified, the Owner agrees to limit the use of the Exhibit A property to Multiple Family - Low Density, per the City's zoning ordinance. Amendments to this agreement may be made by the Owner or the City upon application filed in the same manner as a rezone application; provided, however, no application shall be made by the Owner or the City to amend this agreement for a period of two (2) years from the date of this agreement. Thereafter, either the Owner or the City may, upon application, apply to amend or terminate the provisions and covenants of the agreement or to change the zoning on the subject property or any portion thereof. Said application 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. The City shall be under no obligation to issue to the Owner or its successors or assigns building permits, occupancy permits, or other permits or approvals for improvements on or use of the subject property unless such improvements or uses are consistent with the terms of this agreement and the applicable City ordinances at the time of any application for such permit or approval. This agreement, and each part of it, shall be considered a covenant running with the land covered hereby and shall be binding upon the Owner, their successors and assigns, and the City. This agreement shall be recorded with the Snohomish County Auditor in the Grantor/Grantee Index, with the Owner being listed as Grantor and the City as Grantee. All CHESTER R. BENNF.rr ATTORNEY AT LAW Page 3 400 nA YT(7N1 StIITF: A g G`....e,rn.c Wnvnvnr,v 09nOn costs of such recordation shall be paid by the Owner, R. C. Coleman Construction, Inc. and Edgar Lee Smith. Such recordation and payments of costs shall be a condition precedent to the Owner exercising any rights under the terms of this agreement. Nothing in this agreement shall be construed to restrict the authority of the City of Edmonds to exercise its police powers. In the event any section, paragraph, sentence, term or clause of this agreement conflicts with applicable Law, such conflict shall not affect other sections, paragraphs, sentences, terms or clauses of this agreement which can be given effect without the conflicting provision and to this end the terms of this agreement shall be deemed to be severable. In addition to any other remedies provided by law, the City may, at its discretion, maintain a lawsuit to compel specific performance of the terms and conditions of this agreement or to otherwise enforce its provisions through injunctive or other remedies, and if the City prevails in such action, it shall be entitled to recover aLL costs of enforcement, including reasonable attorney's fees. In the event any section, paragraph, sentence, term or clause of this agreement is found to conflict with applicable Law, the City shall have the right to bring the proposed development before the City Council for further review and imposition of appropriate conditions to assure that the purposes f'or which this agreement is entered into are in fact accomplished. DATED this Ad day of j _y �:( ,�i.r. �._ 1985, CHESTER R. BENNETT ATTORNEY AT LAW Page 4 400 DAYTON / SUITP, A g ED610NDS, WASHINGTON 98020 APPROVED AS TO 1'0104: l CITY CLERK R. C. COLEMAN CONSTRUCTION, INC. r' President RIGA LEE SMITH CHESTER R. BENNETT ATTORNEY AT LAW Page 5 400 DAYTON / SVITF. A f:.nNiiviia. WAC w"'.T- nRn2() STATE OF WASHINGTON ss COUNTY OF SNOHOMISH On this lwleA day of�� 1986, before me, the undersigned, a Notary Public i and for the State of Washi on, dul commissioned and sworn, personally appeared MAYOR and CITY C LERK , to me known to be the Mayor and Deputy City Clk, respectively, of the er CITY OF EDMONDS that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that they were authorized to execute the said instrument and that the seal affixed, if any, is the corporate seal of said corporation. WITNESS my hand and official seal affixed the day and year first above written. qN art' Publiin a �for heState of Washington, residing at . STATE OF WASHINGTON ) ss COUNTY OF SNOHOMISH ) On this ( L. day of (('. » --l't '� 1985, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn personalty appeared RICHARD COLEMAN, to me known to be the President of R. C. COLEMAN CONSTRUCTION, INC., the corporation that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute the said instrument and that the seal affixed, if any, is the corporate seat of said corporation. WITNESS my hand and official seal hereto affixed the day and year in this certificate above written. Notary Public in and for the Statc; of Washington, residing at Edmonds CHESTER R. BENNF,TT ATTORNEY AT LAW Page B 400 DAYTON /SUITE: A F DISI 1NI1N. WAYIIMITON 990211 STATE OF WASHINGTON ) ss COUNTY OF SNOHOMISH ) On this day personally appeared before me EDGAR LEE SMITH, to me known to be the individual described in and who executed the within and foregoing instrument, and acknowledged that he signed the same as his free and voluntary act and deed, for the uses and purposes therein mentioned. GIVEN under my hand and official seal this .24--O—Iday of 1985. n Notary Public in and for the State of / Washington, residing at'd', ycc�,,rl ' CHESTF.RR. BENNETT ATTORNEY AT LAW Page 7 400 DAYTON / SUIT6 A (%UMUNUV. WASUIN11- PRn9U J,:J-I 11111.711 r] Tract 103, Edmonds Sea View Tracts, according to the Plat recorded in Volume 3 of Plats', Page 76, records of Snohomish County, Washington; EXCEPT the North 100 feet thereof; AND EXCEPT the East 10 feet as granted to the City of Edmonds under Decree of Appropriation under Snohomish County Superior Court Cause No. 106013. Situate in the County of Snohomish, State of Washirgton. a 0 CITY OF EDMONDS(NATIVE GROWTH PROTECTION EASEMENT): 85-049 A NATIVE GROWTH PROTECTION EASEMENT ( GREEN BELT) TS H17REWITH ESTABLISHED OVER AND UPON THAT PORTION, OF TRACT 103, EDMONDS SEAVIEW TRACTS, ACCORDING TO THE PLAT RECORDED IN VOLUME 3 OF PLATS, PACE 76, RECORDS OF SNOHOMISH COUNTY, WASHINGTON DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID TRACT; THENCE N.891,44'13"14., ALONG THE SOUTH LINE OF SAID TRACT 10.00 FEET TO THE WEST LINE OF THE EAST 10.00 FELT AS GRANTED TO THE CITY OF EDMONDS TINDER DECREE OF APPROPRIATION UNDER SNOHOMISH COUNTY SUPERIOR COURT CASE NO. 106013 AND THE TRUE POINT OF BEGINNING; THENCE. N.0°06'50"E., PARALLEL WITH THE EAST LINE OF SAID TRACT 45.00 FEET; THENCE N.89°44'.13"W., PARALLEI. WITH THE SOUTH LINE, OF SAIDoTRACT 85.00 FEET; THENCE N.53'44'13%, 90.31 FEET; THENCE N.0°08'47"E., 30.00 FEET; THENCE N.17°04'35"E., 120.19 FEET, THENCE S.89°37'11"E., 10.00 FEET, MORE OR LESS TO A POINT 80.00 FEET EAST AND PERPENDICULAR TO THE WEST LINE OF SAID TRACT; THENCE N.0°08'47"E., PARALLEL TO THE WEST LINE OF SAID TRACT, 306.00 FEET, MORE OR LESS TO A POINT 100.00 FEET SOUTH AND PERPENDICULAR TO THE NORTH LINE OF SAID TRACT; THENCE N.89037'11"W., PARALLEL WITH THE NORTH LINE OF SAID TRACT 80.00 FEET, MORE OR LESS TO THE WEST LINE OF SAID TRACT; THENCE S.0°08'47"W., ALONG THE WEST LINE OF SAID TRACT TO THE SOUTHWEST CORNER THEREOF; THENCE S.89°44'13"E., ALONG THE SOUTH LINE OF SAID TRACT .192.98 FEET, MORE OR LESS. TO THE TRUE POINT OF BEGINNING. CONTAINING 44,050.00 SQUARE FEET, MORE OR LESS. THIS NATIVE GROWTH PROTECTION EASEMENT (GREEN BELT) SHALT. BE LEFT IN A SUBSTANTIALLY NATURAL STATE. NO CLEARING, GRADING, 'FILLING OR CONSTRUCTION OF ANY KIND SHALL OCCUR WITHIN THIS'AREA EXCEPT FOR NECESSARY UTILITY INSTALLATIONS, AND DRAINACE AND OTHEH IMPROVEMENTS AS MAY BE NEEDED FOR THE PURPOSES OF SOTL STABILIZATION WHEN REVIEWED AND APPROVED .BY THE CITY OF EDMONDS. REMOVAL OF THE TREES BY THE PROPERTY OWNER SHALL BE LIMITED TO THOSE WHICH ARE DEAD, DISEASED OR HAZARDOUS. IN THE EVENT OF DISEASE OR OTHER CONTINGF.NCTES REQUIRING WIDESPREAD REMOVAL OR IN THE EVENT OF FIRE OR OTHER NATURAL DISASTER CAUSING DESTRUCTION OF THE NATURAL GROWTH, THE PROPERTY OWNER SHALL BE REQUIRED TO REPLACE THE NATURAL GROWTH IN ACCORDANCE WITH A LANDSCAPE PLAN REVIEWED AND APPROVED BY THE CITY OF EDMONDS ARCHITECTURAL DESIGN BOARD.