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20110921144426362.pdfMAE:jt 8/10/83 ORDINANCE NO. 2392 AN ORDINANCE OF THE CITY OF EDMONDS, WASHING- TON, AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF EDMONDS TO CHANGE THE ZONING DESIGNA- TION ON CERTAIN REAL PROPERTY COMMONLY KNOWN AS THE STORRIE-LOMBARDI REZONE, FILE NO. R-3-83 FROM MULTIFAMILY ZONING (RM -1.5) TO COMMUNITY BUSINESS (BC); AUTHORIZING EXECUTION OF A CONCOMITANT ZONING AGREEMENT AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the Planning Board at a public hearing held on June 22, 1983, 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 July 26, 1983, 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 classification of certain property hereinafter described from RM -1.5 (Multifamily Residential) to BC (Community Business) 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 enti- tled "Concomitant Zoning Agreement Storrie-Lombardi Rezone." The City Clerk is further directed to record said concomitant zoning agreement with the Snohomish County Auditor as a cove- nant running with the land. The cost of said recordation shall be paid by the owners. Section 4. This ordinance shall be in full force and effect five (5) days after publication and posting as provided by law. APPROVED: MA R, . H. HARRISON ATTEST/AUTHENTICATED: CITY CLERK, IRENE ARNEY MORAN - 2 - APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: FILED WITfr THE CITY CLERK: August 11, 1983 PASSED BY THE CITY COUNCIL: August 16, 1983 POSTED: August 17, 1983 EFFECTIVE DATE: August 22, 1983 — 3 — MAE- : j t 7/12783 CONCOMITANT ZONING AGREEMENT STORRIE-LOMBARDI REZONE THIS AGREEMENT is made this date between Michael C. Storrie-Lombardi and Lisa J. Storrie-Lombardi, doing business as the Chrysalis Foundation, a general partnership, hereafter referred to as "Owners", and the City of Edmonds, Washington, hereafter referred to as "City". WHEREAS, the City of Edmonds, Washington, a non- cli-larter 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 property within its jurisdition; and WHEREAS, the Owners own certain real property located in the City of Edmonds and more particularly described as set forth herein, and WHEREAS, the Owners have applied for a change in the zoning classification of the subject property from Multiple Family Residential (RM -1.5), to Community Business (BC), and WHEREAS, the City has caused the application in its entir�,e,ty 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 owner-, are willing to implement the following conditions in the course of the proposed develop- ment and have tendered this contract to the city, now, therefore, in consideration of the mutual benefits and condi- tions hereinafter contained, the owner agrees that, in the ,-\/(,rlt the City reclassifies the property described herein from RM -1.5 to BC, and for so long as the property remains so classified, owners covenant and agree to be bound by the 'a=rms, conditions and agreements set forth as follows: 1e owners are owners of that certain parcel. of real property hereafter referred to as "subject property", situate in the City of Edmonds, Washington, and legally described as set forth on Exhibit A. 2. Notwithstanding any other provisions of the Edmonds city Code and Community Development Code, as now or may hereafter be amended or recodified, the owners agree to limit use of the above described property to business and/or professional offices and service uses and retail stores, excluding stores open to the public between the hours of Jj pm and 6 am, and/or residential use, including multiple or single family. Specifically excluded are intense uses such as automobile sales and service, heavy equipment sales and service, food sales for on --site consumption, tavern, theatre, - 2 - howling alley, drive-in business, commercial parking lot, trailer sales, and retail stores open to the public between the hours of 11 pm and 6 am. Parking will be provided strictly in accordance with the requirements of the Edmonds Community Development Code, 3. Amendments to this agreement may be made by the Owners or the City upon application filed in the same manner as a rezone application; provided, however, no application shall he made by the Owners or the City to amend this agree- ment for a period of two ( 2 ) years from the date of this agreement. Thereafter, either the Owners 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. 4. The City shall be under no obligation to issue to Owners or their successors or assigns building permits, occupancy permits, or other permits or approvals for improve- ments 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. 5. This agreement, and each part of it, shall be considered a covenant running with the land covered hereby - 3 - and shall be binding upon the Owners, their SUCCeSSOrS and assigns, and the City. This agreement shall be recorded with the Snohomish County Auditor in the Grantor/Grantee Index, with the Owners being listed as Grantors and the City as Grantee. All costs of such recordation shall be paid by Owners. Such recordation and payments of costs shall be a condition precedent to the Owners exercising any rights under the terms of this agreement. 6. Nothing in this agreement shall be construed to restrict the authority of the City 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, para- graphs, 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. 8. 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 attorneys' fees. - 4 - 9. 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 for which this agreement is entered into are in fact accomplished. DATED this 2nd day of _AUqs 1983. CITY OF EDMONDS MAYOR, H. H. HARRISON ATTEST T'hE`N`E"-VARUE-Y---M10RA-N, Y CITY CLERK CHRYSALIS FOUND ON By Michael C. S torrie-Lombardi General Partner By Vsa J./ Sorrie-ljbmbardi General Partner. STATE OF WASHINGTON COUNTY OF On this day personally appeared before me Michael C. Storrie-Lombardi and Lisa J. Storrie-Lombardi, to me known to be the individuals described in and who executed the within and foregoing joing instrument, and acknowledged that they signed the same as their free and voluntary act and deed for the uses and purposes therein mentioned. - 5 - GIVEN under my hand and official seal this a7e'� day of e,yv(, 1983. N TAR PUBLIC i and for the state of Washington, residing at STATE OF WASHINGTON ) SS. COUNTY OF SNOHOMISH ) On this «?% day of1983, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared Mayor Harve H. Harrison and Deputy City Clerk Jacqueline G. Parrett to me known to be the Mayor and Deputy City Clerk, respectively, of the 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 is the corporate seal`of said corporation. WITNESS my hand and official seal affixed the day and year first above written. Ntary Publid in and for the State of Washington, residing at. 6 EXHIBIT A Beginning at the southwest corner of Dayton Street and 3rd Avenue South, thence South along the west boundary of 3rd Avenue South a a distance of 75 feet; thence westerly along a line parallel to the southerly right-of-way line of Dayton Street a distance of 68 feet; thence northerly along a line parallel to the westerly right-of-way line of 3rd Avenue South a distance of 75 feet; thence easterly along the southerly boundary of the right-of-way of Dayton Street a distance of 68 feet to the true point of beginning. Said property being located Southeast Quarter of Section 23, Township 27 North, Range 3 East, W.M., Snohomish County, Washington. EXHIBIT A Beginning at the southwest corner of Dayton Street and 3rd Avenue South, thence South along the west boundary of 3rd Avenue South a � a distance of 75 feet; thence westerly along d line parallel to the southerly right-of-way lime Of Dayton Street d distance Of 68 feet; thence northerly along a line parallel to the westerly right-of-way line of 3rd Avenue South a distance of 75 feet; thence easterly along the southerly boundary of the right-of-way of Dayton Street a distance of 68 feet to the true point of beginning. Said property being located Southeast Quarter of Section 23° Township 27 North, Range 3 East, N.M., 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. There is no official newspaper or other newspaper printed and published within the City. In accordance with RCW 35A.12.160, on the 17 day of August , 19 83, affiant posted true and correct copies of the attached Ordinance No. 2392, passed by the City Council on the 16 day of August , 19 83, at the 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 Edmonds Branch of United States Post Office 201 Main Street Edmonds, Washington 98020 DATED this ___L7 day of ,num , 19gl. SUBSCRIBED AND SWORN to before me this % day of -'Notary Public in and for the State of Washington, residing at