Ords 2059 and 2118.pdfORDINANCE NO. 2059
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 THE PROPERTY LOCATED WITHIN SAID
CITY FROM GENERAL COMMERICAL (CG) TO MULTIPLE -
FAMILY HIGH DENSITY (RMH), PURSUANT TO PLANNING
COMMISSION RESOLUTION NO. 614 , AND AUTHORIZING
THE EXECUTION OF AN AGREEMENT AND COVENANTS.
WHEREAS, the Edmonds Planning Commission has held
a public hearing and has forwarded its recommendations to
the City Council in Resolution No. 614 , and
WHEREAS, a public hearing was called by the City
Council of the City of Edmonds, Washington, and at the con-
clusion of said hearing the City Council having determined
as follows:
1. That the proposed zoning changed conforms
with the intent of the comprehensive policy plan.
2. That the property has remained undeveloped
for a number of years under the CG zone and is not conducive
to commerical use because of access and location.
3. The property would be compatible with multi-
family uses and would be separated from neighboring commer-
cial developments by SR 104 and State Highway 99.
4. The proposed zoning change bears a reasonable
relationship to the zoning and uses of the surrounding and
nearby properties.
5. The proposed zoning change will not be
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detrimental to the public health, safety, morals or welfare
and will be compatible with the surrounding property with
the restrictions imposed in the concomitant agreement.
6. That there are no significant adverse environ-
mental impacts to the surrounding properties either within
or without the jurisdiction of the City of Edmonds which
will be directly affected by the proposed use of the property
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 zoning classification of the following described
parcel of property situate in the City of Edmonds, Snohomish
County, Washington from General Commercial (CG) to Multiple -
Family High Density (RMH). The legal description of the
property is set forth on Exhibit "l", attached hereto and
incorporated in full by this reference.
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 "Agreement and Covenants" consisting of five typewritten
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pages, and attached Exhibit "A", consisting of a legal
description, which was executed by the owners of said property
on the 26th day of February 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. The 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, IRE ARNEY MORAN
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY
FILE&..,�ITH THE CITY CLERK: February 21, 1979
PASSED BY THE CITY COUNCIL: March 20, 1979
POSTED: March 21, 1979
EFFECTIVE DATE: March 26, 1979
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EXHIBIT "i"
Legal Description Attached
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EXHIBIT "A"
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DESCRIPTION
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All that portion of Tract
as per
1.5,Lake McAleer
°ave ,acre Tracts
PlaC recorded in
Snohomish County, Washington,
Volume 5 of plats,
page [ records
described as
follows:
Beginning Ot t`:ho Northwest
sOuLh 2"561 bast
comer of said
�
Tract, 1.5;111011C11
312,02 f act.M"
^
along the West line
of said Tract 15 for
Ile= Oak NaA rk 4ApD 4, ECl,,
Mence iWiOMN parallel to
No 6 h Lino uf suid tract
the WeQ line of:
15;
said Tract 15 to the'
Rben e South 88"021 West
P oi n L t� �.� �° t n
along said North
lane, 90 feet toth d
e
,d': f�°� n �. ng
p
Situate in the County of
Snohomish, State
of Washington,
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EXHIBIT "A"
1
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Vol �.�43 Q�cE606
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 91C+ I day of _Mav,,,hl , 197 , affiant
posted true and correct copies of the attached Ordinance No.
ZU _, passed by the City Council on the 9n+h day of
March
, 1979 , 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 21st day of March , 1979 .
SUBSCRIBED AND SWORN to before me this day of
197 7.
...
otaiy Public in and for the.
State of Washington, residing
at
AGREEMENT AND COVENANTS
AGREEMENT AND.COVENANTS between BILL BLUME
VOLKSWAGON, INC., hereafter. --eferred to as "OGrner" and the
CITY OF EDMOIIDS, a municipal corporation, hereafter referred
to as "City
WHEREAS, Owner is; the owner of real property
situate in the City of E-dmonds, Snohomish County, Washington,
and more particularly described hereinafter, and
NIA REAS, tjze Owner has made application to the
City of Edmonds for a contract rezone from general commercial
(CG) to Multiple-Family'High Density (RMH) foi: the purposes
set forth herein, And
WHEREAS, the Owner has offered to tender to the
City of Edmcnds this -agreement and covenants respecting
limitations on the, sue. •of th,- property, and
WHEREAS, the r: and agreements herein are
intended to .c•onst1t..ute• th`e oasis for the rezone set forth
above and are to.be effective from the effective date of
said rezone,.anid
WHEREAS, the :use of the property will have a sub-
stantial, relat`ign to the people, land, resources, health,
welfare, and safety of the citizens of the City of Edmonds
and the Ownez, recognizes the need for the control, cooperation
and securing the proper development of the property to be
compatible with the surrounding uses.
062504191
AGREEMENT
NOW, THEREFORE, it is he.reby agreed as follows:
1, Owner is owner of certain real property
located in the City and set forth in Exhibit 'A" attached
hereto and incorporated -by this reference as if set forth in
full.
2. This agreement is tendered to the City by the
Owner, and said agreement is hereby accepted by the City.
All parties agree that it is applicable to the parties to
this agreement,. their heirs, successors, assigns and future
olvmers';or users of the subject property, both as to duties
and benefits. The owner agrees that this agreement will be
specifically enforcable in equity by the City of Edmonds.
3. The City of Edmonds is under no obligation to
issue to the Owner, its suLcessors or awsigns, building or
other permits for improvemeints,_structures or uses on the
subject property, unless such improvements and/or uses
comply with the terms 'of -.t, -his agreement and with applicable
ordinances-at.th-e time of application for said permits.
4. -This agreement and each part of it shall be
considered a covenant running with the land described on
Exhibit "A" and shall be binding upon the Owner, its successors
and assigns, and shall be recorded with the Snohomish County
Auditor in the Grantor/Grantee Index, with the Owner being
listed as Grantor and the City as the Grantee. All the
costs of such recording shall be paid by the Owner. Payment
I
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hall be a condition, precedent to exercising
of said costs s
any rights under the ierms.of this agreement.
5.
This agreement and covenant is conditioned
property described on
ERhibit, "A" being rezoned from General j
Commercial (CG) MultiPple-Family high Density
) to
6. Owner agrees to pay to the City the sum of
$1,116.01 — as and for Owner's share of the costs
of paving 242nd Street Southwest. Payment of said sum
shall be a condition precedent of exercisir_g any rights
under the terms of this Agreement.
7. Owner agrees that in any development on the
site Owner will , at its sole ®expense,. install a pedestrian
s
r
walkway along thq"nor th boundary of the subject property
adjacent to 242nd' Streit Soi:�thweet. Said pedestrian walkway
shall be designed and ,Ponstructed according to City standards
and after inspection and appr.eva;l by the City, shall. be
dedicated to the City..
8, The owner agrees that in the event the City
brings legal action to enforce any provision of this agreement,
f
the Owner will pay all costs, reasonable attorneysfees and r
reasonable expert witness fee's,as determined by the court in
the event the City of Edmonds is successful in the suit.
9., No application shall be made by the Owner or f
its suEcessors or .assigns to amend this agreement for a
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effective date of this agreement.
period of two years from the
Thereafter, either the Owner or its successors or assigns or f
the City of Edmonds may, tipo.n,-appliaation filed in the same
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manner as a rezone applicat!on, apply to amend or terminate
2,.
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the provisions and covenant:, of this agreement or to change �
the zoning of sub;e=t property. Said application to change
or terminate the provisions and covenants or to rezone said
property shall be heard and determined in the normal manner
at appropriate public hearings as any other application for
a rezone of property.
10. Ow-ner shall provide the City with suitable
title report showing owners -hip of -the property described on
Exhibit ''A" as being vested`' -in Owner.
IN WITNESS WHEREOF, the. parties have executed this
agreement on this^ da'y Of _, 19791-.
CI,py OF EDMONDS
`MAYOR, II . H . HARRISON
4.
0 s'
ATTEST:
CITY CLERK, TREE V�IRNEY MOR_AN
OWNER
BIUL BL UME VOLKSWAGON, INC.
•
BYL/%
~ PRESIDENT
STATE OF WASHINGTON )
Ss
COUNTY OF KING )"
On this J�'_day of June, 1979, before me,i
the undersigned, a Notary Public in and for the State of
mmissioned and sworn, personally appeared
Washington, duly co
to me known to be
i{.�� .: � �C.• �-
and'
i
t-Ae President an .Secxetar.y, respectively, of BILL BLUME
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VOLKSWAGON, INC., the corporation that executed the foregoing
instrument, and acknowledged the said instrutment 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 hereto affixed
the day and year first above written.
Notary .Public in and folr the
State of Washington, residing
at
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LLl � •> sI `
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All t lat: po t:J on of Trac 1 l i, !:e t;c ' 1 c o r
hi ;c
'acre Tracts ,
its per 1)lnt, reCor diL.d an Yo I,ume of PJ
lanir,c
68 rccoj:(Is 0
Snohomi sh C,ounUY , ton MYrglon , Cie ;c1-7_bud W1
hollows
(
,
Beginning nt the I1ort.11,acsC corner of sni-O
Tract.
15
locnce sullul 4,56, Ease a iong Lhc Must: i.ne
ul`
r
.;"_Lid Tract 15 for
31.?.0
k
Thence llo-r-ch 33°01+ 1?nstt 90 t;
Thence IYcrn:LI_i hyral.le . to clue Wunn line- o.:
said
Tract 15 to the
tlorrh line of sn�id 'i't:act 7');
'
Thence South BAWL West along sn"id Norch
line,
90 feet: to the
Poi.nc of
Situate 7.n Che C011Rt`� of Snohom -lsh Sit: au e
of V1,
shi.n ,t'on
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EXHIBIT
Legal Description Attached
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ORDINANCE NO. 2118
AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON,
AMENDING ORDINANCE NO. 2059 PASSED BY THE CITY
COUNCIL ON MARCH 20, 1979, TO CORRECT THE LEGAL
DESCRIPTION AND AUTHORIZING THE EXECUTION OF AN
AMENDMENT TO AN.AGREEMENT AND COVENANTS COVERING
THE SUBJECT PROPERTY TO CORRECT THE LEGAL DESCRIP-
TION.
WHEREAS, the Edmonds City Council. enacted Ordinance No.
2059 on March,20, 1979, rezoning certain property located in the
City from General. Commercial' (CG) to Mul.tipl.e Family High Density
(RMH) pursuant to•Pl.anniing Commission Resolution No. 614, and
authorizing the execution of.an Agre.em:^ nt and Covenants, and
WHEREAS, the legal description attached to said ordi-
nance and'the Agreement and Covenants was in error, and
WHEREAS, this Ordinance will correct the erroneous
legal description, now, therefore,
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO
ORDAIN AS FOLLOWS:
Section is The legal; description of the property
described in Ord ®nance .No-.. 205,9..passed by'the City Council on
March 20, 1979, and set forth Kiri Ehrhibit "1", is hereby amended
to read as set forth on Exhibit "1" attached to this Ordinance,
and hereby incorporated in fu1.l by '.his reference.
Section 2.• The Mayor is hereby authorized to execute
and the City Clerk to attest that certain document entitled
Amendment to Agreement and,Covenants consisting of 3 type-
written pages executed by the Owndrs of said property on the
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20 _ day of FEBRUARY, 1980, And -tendered to the City. The City
Clerk is further directed -to record said Amendment to Agreement
and Covenants with the Snohomish County Auditor's Office as a
covenant running with the land. The cost of recordation shall be
paid by the Owners.
Section 3. This Ordinance shall be in full force and
effect five (5) days after passage and publication by posting as
provided by law.
APPRbVED ::
MAYOR, H. H. HARRISON
ATTEST/AUTHENTICATED:
IC�PLt�JTYft�ERK,�!��NE
ARNEMRAN
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY—:
BY —
FILED THE CITY CL:FRK: Ja,ivary 23, 1980
PASSED BY THE CITY COUNCIL. February 19, 1980
POSTED: February 20, 1980
EFFECTIVE DATE : February. .
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EXHIBIT "1"
That portion of Lot 16 and'the west 90 feet of. Lot 15,
• t
Lake McAleer Five Acre Tracts, according to plat thereof
recorded in Volume 5 of Plats, page 48 records of
Snohomish County, Washington, ly.Lng north and east of
State Road 104�.`as condemned in Snohomish Countv Superior
Court Case No. 1091.17 by decree.entered August 11, 1971.
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AENDNtTENT TO AGREEMENT AND COVENIANTS
1"K50 FEB 2 I Nei 1: 25
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RECORDED UNDER SNOHOMISH COUNTY
1,ENI Y D. V,'! i; .i;,JJC..I�i �l i 0i; AUDITOR NO. j G'�
the parties executed an Agreement and Covenants
r -.-~I dated February 26, 1-979, concerning certain real property located
-`j in Edmonds, Snohomish County, Washington, and
WHEREAS, the legal description. attached to said Agreement
and. Covenants was .i n. error, and
WHEREAS, the parties desire to correct this error, now,
a
therefore,
IN CONSIDERATION of mutual benefits, the parties agree
as follows:
1 The legal cl.escriptiori set forth in bit "A"
attached to that certa'i:n ajreement entitled "Agreement and
Covenants executed by the parties on February 26, 1979, recorded
under Auditor's File No. —/906250191 is hereby amended to read
as set forth on Exhibit "A" of this Amendment.
2, The Owner s'ha11 bear all costs of recording this
Amendment to Agreement and Covenants with the Snohomish County
Auditor.
DATED this 20® day of February, 1980
CITY OF EDMONDS, WASHINGTON:
MAYOR, H. H. HARRISON
ATTEST:
L�� 9
CITY �,T IINF�/A?2iEY NjORAN
BILL BLUME LIMITED, A WASHINGTON
(!oRPORATION :
P,
By i /x
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00 2 G y 1
STATE OF WASHINGTON )
ss,
COUNTY OF SNOHOMISH )
On this day Of 1980, before me, the
undersigned, a Notary Public it nc `or the State of Washington,
duly commissioned and sworn, pel:sci,. iv appeared H. H. HARRISON
and IRENE VARNEY MORAN, to me kjc..in to be the Mayor and City
Clerk of the CITY OF EDMONDS, .ir.:;ton, the municipal_ corpora-
tion that executed the foregoi,i, instrument, and acknowledged the
said instrument to be the fzee ',ci volant?ry act and deed of said
municipal corporation, for the ,z,,eS and purposes therein men-
tioned, 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
year first above wril.t:.en
1', 0 , rA
, �JOsARY PU13LIC in ailu for the
n-
�`� State, of, Gti,ashingt:on, residing
'`5��� 1, ... •
STATE OF WASHINGTON )
) ss,
COUNTY OF SNOHOMISH )
CJS
On this day cf February, 1980, before me, the
undersigned, a Notary Public in and for the State o' •7ashington,
duly commissioned and sworn, personally appeared
to me known to be the
of BILL. BLUtLE LIMITED, a Washington
corporation, the corporation that executed the foregoing instru-
ment, and acknowledged the-said_instrument to be the free and
voluntary act and dez�d'of saia.-Corporation, for the uses and
purposes therein mentioned, and on oath stated that they were
authorized to execute said instrument and.that the sea]_ affixed
is the corporate s;al.of.said corporation.
' WITNESS,mv
hand and off:_cial seal
hereto affixed the day
and year first above
written.
NOTARY PUBLIC
tithe
in
and fo
State-ofWashington,
residing
at
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