Ordinance 3784 Firdale Village.pdf0006.90000
WSS/gjz
12/10/09
ORDINANCE NO. 3784
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, REZONING CERTAIN REAL PROPERTY
KNOWN AS "FIRDALE VILLAGE" FROM NEIGHBORHOOD
BUSINESS (BN) TO "FIRDALE VILLAGE MIXED USE"
(FVMU) ZONE, ESTABLISHING AS A CONDITION
THEREFOR THE EXECUTION AND RECORDING OF A
DEVELOPMENT AGREEMENT, AND FIXING A TIME
WHEN THE SAME SHALL BECOME EFFECTIVE.
WHEREAS, the applicant A. D. Shapiro Architects, PS, submitted an application
to rezone certain real property located 9617 Firdale Avenue, commonly known as "Firdale
Village"; and
WHEREAS, the application was accompanied by an application for a
development agreement which was intended to provide assurance that a vegetative buffer of old
growth trees would be preserved; and
WHEREAS, on December 9, 2009, the Edmonds Planning Board reviewed the
rezone application and development agreement and recommended adoption of the ordinance
subject to approval of the development agreement; and
WHEREAS, by contemporaneous action, the City Council has approved the
development agreement; and
WHEREAS, said development agreement is effective only if a native growth
protection easement protecting the buffer is recorded within sixty (60) days if its approval; and
WHEREAS, the City Council approves this rezone conditional upon confirmation
that the applicant has met its obligations under this Development Agreement; and
{WSS753839.DOC;1\00006.900000\ } - I -
WHEREAS, the City Clerk has advised the City Council that the Native Growth
Protection Easement has been filed in an approved format; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO
ORDAIN AS FOLLOWS:
Section 1. The City Council finds that the criteria of ECDC 20.40.010 has been
met and for their findings adopt by reference in pages 6 through 10 of the staff report presented
to the Planning Board on December 9, 2009 and incorporated in the record of this proceeding, as
fully as if herein set forth.
Section 2. This ordinance has been placed upon the Council's consent agenda for
approval based upon notification by the City Clerk of the Native Growth Protection Easement
required by the Development Agreement, and has been filed of record with Snohomish County.
Section 3. Certain real property located at 9617 Firdale Avenue legally described
as shown on Exhibit A of the Development Agreement, and described in Planning File PLN -
2009 -0020 and consisting of approximately 3.2 acres is hereby approved for rezone from
"Neighborhood Business" (BN) to "Firdale Village Mixed Use" (FVMU).
Section 4. The Planning Manager and staff are hereby authorized to effectuate
appropriate changes in the zoning map to show the subject site to be zoned as Firdale Village
Mixed Use.
Section 5. 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.
{WSS753839.DOC;1\00006.900000\ } - 2 -
APPROV
,,..
MAY GAVY HAAKENSON
ATTEST/AUTHENTICATED:
" 4 � " 2, J. C_ _�
CITY CLERK, SANDRA S. CHASE
APPROVED AS TO FORM:
OFFICE OF THE CI Y ATTORNEY:
BY ) 5i5l&
W. SCOTT SNYDER
FILED WITH THE CITY CLERK: 02-12-2010
PASSED BY THE CITY COUNCIL: 02-16-2010
PUBLISHED: 02-21-2010
EFFECTIVE DATE: 02-26-2010
ORDINANCE NO. 3784
{WSS753839.DOC;1\00006.900000\ 1 - 3 -
SUMMARY OF ORDINANCE NO. 3784
of the City of Edmonds, Washington
On the 16th day of February, 2010, the City Council of the City of Edmonds,
passed Ordinance No. 3784. A summary of the content of said ordinance, consisting of the title,
provides as follows:
AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, REZONING CERTAIN
REAL PROPERTY KNOWN AS "FIRDALE VILLAGE" FROM NEIGHBORHOOD
BUSINESS (BN) TO "FIRDALE VILLAGE MIXED USE" (FVMU) ZONE, ESTABLISHING
AS A CONDITION THEREFOR THE EXECUTION AND RECORDING OF A
DEVELOPMENT AGREEMENT, AND FIXING A TIME WHEN THE SAME SHALL
BECOME EFFECTIVE.
The full text of this Ordinance will be mailed upon request.
DATED this 17th day of February, 2010.
/ C�x�
CITY CLERK, SANDRA S. CHASE
{WSS753839.DOC; 1\00006.900000\ }- 4 -
Ret rn Name & ddress
re a r 1LU216—
�Iecel
,re,906 Z�O
DFIIZZOPU,641� 47019
�Nf���b�pV�'P�N'
IIIII III, III Ves
��� ,Ired PGS
Document Title(s)
k.jP h761,- /-
Reference Number(s) of Related Document(s)
Grantor(s)
a S Pro X1,-31 ned
Grantee(s) /l
C111`Y o��l !'Y1 �� II
/4C,
Additional Reference #'s on Page
Additional Grantors on Page
Additional Grantees on Page
Legal Description (abbreviated form: ie L/ot/Block/Plat or Section/Township/Range)
10 s /- s 1A_-/ 4/ rash ', 's �: ���. �P I/, l% 4110
Assessor's Property Tax Parcel/Account Number
C)0 y qq0 00o0�0�
Legal on Page
Additional Parcel #'s on Page
The Auditor/Recorder will rely on the information provided on this form. The responsibility for the
accuracy of the indexing information is that of the document preparer.
NATIVE GROWTH PROTECTION EASEMENT
THE GRANTOR, WNS Property Investment, Inc.,. a Washington Corporation, for and in
consideration of the adoption of a Development Agreement approved by the Edmonds City Council,
hereby grants and conveys to the Grantee, the City of Edmonds, a Washington municipal
corporation, its successors and assigns, a perpetual native growth protection easement in, on, upon,
over, under, across, along and through the real property legally described on Exhibit A attached
hereto and incorporated herein by this reference as if set forth in full ("NGPE Area" herein).
This easement is established in order to preserve native vegetation within the NGPE Area for all
purposes that benefit the public health, safety and welfare, including controlled surface water
erosion, visual and aural buffering, protection of plant and animal habitat, replanting and restocking
of plants or animal habitat, and any other actions deemed necessary by the Grantee to preserve and
protect the native vegetation within the NGPE Area.
Grantor shall maintain the NGPE Area in a substantially natural state. With the exception of the
removal of vegetation that is dead, diseased or hazardous, as determined by a licensed or certified
arborist in a report to be submitted to and, except in an emergency, approved by Grantee, no
clearing, grading, filling, building, fence construction, or road construction of any kind shall occur
within the NGPE Area.
This easement and the conditions thereof shall be a covenant running with the land and shall be
binding on the successors, heirs and assigns of the owners of the land. The Grantee, its successors
and assigns, shall have the right but not the obligation without prior institution of any suits or
proceeding of law, at any time as may be deemed necessary by the Grantee, to enter upon said
easement for the purpose of protecting and preserving the NGPE Area.
Nothing in this easement shall obligate the City of Edmonds to perform any activity or to utilize the
easement for any purpose.
Grantor hereby warrants that it is the owner of the above-described property and has the authority to
convey such easement.
[Signatures on Following Page] REQUIRED
FEB B 5 2010
KIRKE SIEVERS, Snohon* Counly Treasurer
NATIVE GROWTH PROTECTION EASEMENT
Dated this
day of February, 2010.
WNS Property Investment, Inc.
By.-
Its:
y:Its: v
STATE OF WASHINGTON )
) ss.
COUNTY OF
I certify that I know or have satisfactory evidence that to etc 5 k is
the person who appeared before me, and said person acknowledged thathe/sh s authorized to
execute the instrument and acknowledged it as U pvr,�V of
to be the free and voluntary act and deed of such party for
the uses and purposes mentioned in this instrument.
DATED: Re& S—, 7-0 7 L-.:�
?Iot�n°g Public
Stxlte �-.'/ shington
CHET" r+==": 1-0STER SIU
MY V EXPIRES
,August 10, 2011
NATIVE GROWTH PROTECTION EASEMENT
(Signature)
(Print Name)
NOTARY PUBLIC
My appointment expires: 'S J
2
Exhibit A
Legal Description of Native Growth Protection Easement Area
THAT PORTION OF LOTS 1, 2, 3, 4, 5, 12, 13 AND 14, FORSHEE'S FIRDALE VILLAGE AS
PER PLAT RECORDED IN VOLUME 14, PAGE 27, SNOHOMISH COUNTY,
WASHINGTON, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF LOT 6 , FIRDALE VILLAGE NO.5 AS
PER PLAT RECORDED IN VOLUME 20 OF PLATS, PAGE 45 RECORDS OF KING
COUNTY, WASHINGTON: THENCE N88026'52'W ALONG THE SOUTH LINE THEREOF
A DISTANCE OF 75.19 FEET TO THE SOUTHEAST CORNER OF LOT 7 SAID FIRDALE
VILLAGE NO.5: THENCE S01 °33'10W A DISTANCE OF 30.00 FEET: THENCE
N72021'54"W A DISTANCE OF 108.30 FEET TO THE SOUTH LINE OF SAID FIRDALE
VILLAGE NO.5: THENCE N88°26'50"W A DISTANCE OF 226.56 FEET TO THE SOUTH
WESTERLY LINE OF SAID PLAT: THENCE S44012'30"E A DISTANCE OF 28.67 FEET
TO A POINT ON A LINE THAT IS 20.00 FEET SOUTH OF AND PARALLEL WITH THE
SOUTH LINE OF SAID PLAT: THENCE S88026'50"E ALONG SAID LINE A DISTANCE OF
203.20 FEET: THENCE S72°21'54"E A DISTANCE OF 132.06 FEET: THENCE
N01 °33'10"E A DISTANCE OF 24.58 FEET TO A POINT ON A LINE THAT IS 32.00 FEET
SOUTH OF AND PARALLEL WITH THE SOUTH LINE OF SAID PLAT: THENCE
S88026'52"E ALONG SAID LINE TO THE EAST LINE OF LOT 2 FIRDALE VILLAGE AS
PER PLAT RECORDED IN VOLUME 14 OF PLATS, PAGE 27 RECORDS OF SAID
COUNTY: THENCE N01 °43'07"E ALONG SAID LINE A DISTANCE OF 32.00 FEET TO
THE POINT OF BEGINNING.
NATIVE GROWTH PROTECTION EASEMENT
3
STATE OF WASHINGTON,
COUNTY OF SNOHOMISH
f
�?c. 1890
SUMMARY OF ORDINANCE
e Cityof Edmonds, We
On the 16th day of February, 2010, the
of Edmonds, passed Ordinance No. 3784.
tent of said ordinance, consisting of the WE
CORDING OF A DEVELOPMENT AGREEMENT, AND FIXING A
TIME WHEN THE SAME SHALL BECOME EFFECTIVE. .
The full text of this Ordinance will be mailed upon request.
DATED this 17th day of February 2010.
CITY CLERK, SANDRA S. CHASE
Published- February 21 2010.
Account Name: City of Edmonds
Affidavit of Publication
S.S.
The undersigned, being first duly swom 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
Summary of Ordinance No, 3784
Rezoning Certain Real Property
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:
February 21, 2010
and that said newsper was regularly distributed to its
Subscribed and swom to before me this
day of February, 2010
M
during all of said period.
22nd
Notary Public in and for he St e �i Alli,ry a i4ere , Snohomish
CountY �...s •:;a11 �s.rr
x _t• ,,55 r ,�
®'.�fj
Account Number: 101416i®r Number: 0001686002
-
$ 1 y IN
Gt ti•��:.'. :.Z Fes•, �'..