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STF2020-0004 zoning conf letter and attsCITY OF EDMONDS 121 51h Avenue North, Edmonds WA 98020 Phone: 425.771.0220 • Fax: 425.771.0221 • Web: www.edmondswa.gov DEVELOPMENT SERVICES DEPARTMENT • PLANNING DIVISION I/Ic. 189v February 20, 2020 Dawn Kemmerer UES Consulting Services 100 E. 7th Street, Suite 200 Kansas City, MO 64106 Subject: Zoning Confirmation Letter (File STF2020-0004) Dear Ms. Kemmerer, The City of Edmonds has received your zoning verification request for properties located at: 22111 Highway 99 (APN 27042900302300) 22019 Highway 99 (APN 27042900301900) 22001 Highway 99 (APN 27042900302800) The scope of your request was described in your email from February 14, 2020: I need to obtain a Zoning Verification Letter from your department, describing the zoning designation for the property (including the title or brief description of that designation), whether the property is in compliance with the zoning/variances (allowable use), and if there are any open zoning violations. Specific answers to each of your questions are below: 1. What is the current zoning of properties? All three of the referenced parcels are zoned General Commercial (CG). Chapter 16.60 of the Edmonds Community Development Code (ECDC) contains the bulk, use, and site design standards for the zone. That code is available at: https://www.codepublishing.com/WA/Edmonds/#!/Edmondsl6/Edmondsl66O.html#16.60 2. Are the properties in compliance with current General Commercial zone requirements? The uses in all three buildings are consistent with current code. The buildings and sites themselves are nonconforming for some aspects of the current CG code adopted in 2017, including, but not limited to: setbacks, pedestrian area, and various aspects of the site development standards for design in ECDC 16.60.030. The building addressed as 22001 Highway 99 was built in 1952, 22111 Highway 99 was developed in 1966, and 22019 Highway 99 was constructed in 1949 — all three before the City annexed the area in 1978. A building permit was issued in 2018 for an extensive remodel at 22019 Highway 99 (BLD20171452) but the scope of work for the project did not require it to be brought up to all current CG standards. 3. Are there any open zoning violations? There are no open zoning violations for the three parcels. That said, the parcel lines currently shown by the Snohomish County Assessor do not appear to match those described in a 2018 title report, which is consistent with a recorded survey from 1987. Both documents are enclosed. It is unknown how the parcel lines came to be located as the County has them because the City of Edmonds has not approved any platting or boundary line adjustments for the site since annexation. If you have any other questions, please contact me at michael.clugston@edmondswa.gov or 425-771-0220. Sincerely, Mike Clugston, AICP Senior Planner Enclosures M, Parcel ID Search q �R Address Search Select Parcels NQ Neighborhood ED .- City Bookmarks Previous Extent � Print r Resource links W Snohomish County Assessor Vdashington Parcels (3) Search x 11Uth St SW Parcel ID:27042900302800 + Property Address: 22001 HIGHWAY 99 Owner: BEHAR EDMONDS VENTURES LLC Click to view additional parcel details Parcel ID:27042900301900 Property Address: 22019 HIGHWAY 99 Owner: AMON-EDMONDS INVESTMENT LLC dick to view additional parcel details Parcel ID:27042900302300 Property Address: 2211199 HW Owner: AMON-EDMONDS INVESTMENT LLC Click to view additional parcel details Displaying 1 - 3 (Total: 3) �1 Page 1 of 1 ► 10 v Layers Q Parcels (3) p so 100n Interurban i Trail Park li i � C i i P ii I i i r i County Homepage Assessor Homepage Contact Us Old Republic Title, Ltd. SUBDIVISION GUARANTEE Second Order No.: 5207153162 Datc: March 16, 2018 at 8:00 a.m. Fee : $ 300.00 Sales Tax: $ 31.20 Total: $ 331.20 FOR INFORMATION AND ASSISTANCE ON THIS ORDER CONTACT: Old Republic Title Commercial Services Christina Hughes, Title Officer Email: chuRheskortc.com Telephone: (425) 776-4305 Fax: (425) 776-3350 19020 33rd Avenue W., Suite 360, Lynnwood, Washington 98036 Our staff can assist you with properties in King, Pierce and Snohomish Counties Reference: Family Fun Center TO: HELENE BEHAR BEHAR EDMONDS VENTURES LLC 1000 2ND AVE; STE. 3230 SEATTLE, WA 98104 Ladies/Gentlemen: In the matter of the plat submitted for your approval, the Company (Old Republic National Title Insurance Company) has examined the records of the County Auditor and County Clerk of Snohomish County, Washington, and the records of the Clerk of the United States Courts holding terms in said County and from such examination hereby certifies that the title to the following described land, Situate in said County, to -wit: Vested in: BEHAR-EDMONDS VENTURES, L.L.C., a Washington limited liability company, and AMON-EDMONDS INVESTMENT, L.L.C., a Washington limited liability company Legal Description: SEE ATTACHED EXHIBIT "A" FOR LEGAL DESCRIPTION FOR SPECIAL EXCEPTIONS, SEE ATTACHED: Order Number 5207153162 EXHIBIT "A" Parcel A: The East half of the Northeast quarter of the Northwest quarter of the Southwest quarter of Section 29, Township 27 North, Range 4 East, W.M., in Snohomish County, Washington, EXCEPT 220th Street Southwest Parcel B: That portion of the West half of the Northeast quarter of the Northwest quarter of the Southwest quarter of Section 29, Township 27 North, Range 4 East, W.M., in Snohomish County, Washington, described as follows: BEGINNING at the quarter corner on the West boundary of said Section 29; THENCE East on the East and West center line of said Section, 1014.6 feet, more or less, to the intersection with the East line of the West half of the Northeast quarter of the Northwest quarter of the Southwest quarter of said Section; THENCE South 1016' East along said East line of said West half of the Northeast quarter of the Northwest quarter of the Southwest quarter, 30 feet to the True Point of Beginning, THENCE continuing South 1116' East along said line 372.8 feet, THENCE South 86036' West 205.6 feet, more or less, to the Easterly right of way line of State Road No. 1, THENCE Northeasterly along the Easterly right of way line said Road, 425 feet, more or less, to a point 30 feet South of the East and West center line of said Section 29; THENCE East, parallel with said East and West center line of said Section, 18.5 feet, more or less, to True Point of Beginning, EXCEPT that portion thereof conveyed to Snohomish County by Quit Claim Deed recorded under Recording No. 2364652. Parcel C: That portion of the West half of the Northeast quarter of the Northwest quarter of the Southwest quarter of Section 29, Township 27 North, Ranger 4 East, W.M., in Snohomish County, Washington, described as follows: BEGINNING at the quarter corner on the West boundary of said Section 29, Township 27 North, Range 4 East, W.M., in Snohomish County, Washington, THENCE East on the center line of said Section 29, 1014.6 feet to the East line of said West half of the Northeast quarter of the Northwest quarter of the Southwest quarter, THENCE South 1116' East along said East line, 402.8 feet to the True Point of Beginning, Order Number 5207153162 THENCE South 89153' West 271.2 feet to the intersection with the Easterly margin of the right of way of State Road No. 1; THENCE Northeasterly along the Easterly right of way line of said Road to a point which bears South 86036' West from the Point of Beginning. SITUATE in the County of Snohomish, State of Washington END OF EXHIBIT "A" Order Number 5207153162 SPECIAL EXCEPTIONS: 1 2. 3 M Rights of parties in possession and claims that may be asserted under unrecorded instruments, if any. An easement affecting that portion of said land and for the purposes stated herein and incidental purposes as provided in the following Instrument Easement Granted To City of Edmonds For Cuts and/or fill slopes Recorded : December 9, 1974 in Official Records under Recording Number 2367505 Affects The Northerly portion of said Parcel A An easement affecting that portion of said land and for the purposes stated herein and incidental purposes as provided in the following Instrument Easement Granted To Public Utility District No. 1 of Snohomish County For Single line of poles Recorded December 30, 1977 in Official Records under Recording Number 7712300433 Affects Parcel 1 : The North 17 feet of the South 130 feet of the West 100 feet of described Parcel A. Parcel 2: The South 5 feet of Parcel C. An easement affecting that portion of said land and for the purposes stated herein and incidental purposes as provided in the following Instrument Easement Granted To Public Utility District No. 1 of Snohomish County, General Telephone Company of the Northwest, Inc. For Electric distribution line Recorded : May 16, 1986 in Official Records under Recording Number 8605160065 Affects The East half of the Northeast quarter of the Northwest quarter of the Southwest quarter of Section 29, Township 27 North, Range 4 East, W.M.; Except 220th Street Southwest Order Number 5207153162 5 1.1 7 Terms and provisions as contained in an instrument, Entitled Record of Survey Recorded : March 2, 1987 in Official Records under Recording Number 8703025001 An easement affecting that portion of said land and for the purposes stated herein and incidental purposes as provided in the following Instrument Easement Granted To Public Utility District No. 1 of Snohomish County and General Telephone Company of the Northwest, Inc. For Electric distribution lines and equipment Recorded May 8, 1991 in Official Records under Recording Number 9105080337 Affects The West 38 feet of the East 120 feet of the North 80 feet of Parcel A Agreement for Grease Trap and Interceptor Agreement Executed By City of Edmonds and Between Edmonds Village, LLC On the terms, covenants and conditions contained therein, Dated August 19, 2014 Recorded September 12, 2014 in Official Records under Recording Number 701409170378 A portion of Parcel A and B as more fully described in said document An easement affecting that portion of said land and for the purposes stated herein and incidental purposes as provided in the following Instrument Reciprocal Storm Water Easement Agreement Granted To BEHAR EDMONDS VENTURES, L.L.C., a Washington limited liability company and AMON-EDMONDS INVESTMENT, L.L.C., a Washington limited liability company For Access, construction, use, repair, maintenance and replacement of storm drainage facilities, including, but not limited to the underground infiltration system, storm treatment vault and all pipin associated therewith Dated February 28, 2018 Recorded March 16, 2018 in Official Records under Recording Number 201803160379 Affects As described on document Order Number 5207153162 0 [us GENERAL TAXES, PLUS INTEREST AND PENALTY AFTER DELINQUENT; 1ST HALF DELINQUENT ON MAY 1; 2ND HALF DELINQUENT ON NOVEMBER 1: Year Amount Billed Amount Paid Tax Account No Levy Code Assessed Valuation Land Improvements 2018 $38,175.66 $0.00 270429-003-018-00 0232 $3,166,700.00 $415,300.00 Said matters affect portion of Parcel A GENERAL TAXES, PLUS INTEREST AND PENALTY AFTER DELINQUENT; 1ST HALF DELINQUENT ON MAY 1; 2ND HALF DELINQUENT ON NOVEMBER 1: Year Amount Billed Amount Paid Tax Account No Levy Code Assessed Valuation Land Improvements 2018 $14,182.56 $0.00 270429-003-019-00 0232 $819,000.00 $511,400.00 Said matters affect remainder of Parcel A and portion of Parcel B Order Number 5207153162 11 12 13 GENERAL TAXES, PLUS INTEREST AND PENALTY AFTER DELINQUENT; 1ST HALF DELINQUENT ON MAY 1; 2ND HALF DELINQUENT ON NOVEMBER 1: Year Amount Billed Amount Paid Tax Account No Levy Code Assessed Valuation Land Improvements 2018 $13,301.31 $0.00 270429-003-028-00 0232 $725,000.00 $522,700.00 Said matters affect remainder of Parcel B GENERAL TAXES, PLUS INTEREST AND PENALTY AFTER DELINQUENT; 1ST HALF DELINQUENT ON MAY 1; 2ND HALF DELINQUENT ON NOVEMBER 1: Year Amount Billed Amount Paid Tax Account No Levy Code Assessed Valuation Land Improvements 2018 $13,971.58 $0.00 270429-003-023-00 0232 $855,000.00 $455,600.00 Said matters affect Parcel C Deed of Trust to secure an indebtedness of the amount stated below and any other amounts payable under the terms thereof, Amount $1,000,000.00 Trustor/Borrower Behar -Edmonds Ventures, L.L.C., a Washington limited liability company Trustee UPF Washington, Incorporated Beneficiary/Lender Washington Trust Bank Dated June 29, 2012 Recorded : July 23, 2012 in Official Records under Recording Number 201207230283 Order Number 5207153162 14. An unrecorded lease upon the terms, covenants, and conditions contained or referred to therein, Lessor Amon -Edmonds Investments, LLC, a Washington limited liability partnership and Behar -Edmonds Ventures, LLC, a Washington limited liability company Lessee Harbor Freight Tools USA, Inc., a Delaware corporation Disclosed by Memorandum of Lease Dated August 21, 2014 Recorded September 25, 2014 in Official Records under Recording Number 201409250089 The term of the Lease is for a period of ten (10) Lease Years Tenant has two (2) successive options, each of which entitles Tenant at its election to extend the then current Term for an additional period of five (5) years per Option Term 15. Any unrecorded and subsisting leases. 16. NOTE: The last recorded transfer or agreement to transfer the land described herein is as follows: Recorded : August 31, 2005 in Official Records under Recording Number 200508310589 Said document being a re-record of that certain document recorded under Recording No. 200508151125 NOTE I: The liability of the Company under this Subdivision Guarantee shall be limited to the amount of actual loss sustained by the addressee because of reliance upon the information set forth herein, but in no event shall such liability exceed the fee paid for this Subdivision Guarantee. cm/DH ch/CI12 Order Number 5207153162 93427 LEGAL DESCRIPTION PARCEL A THE EAST HALF OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 29, TOWNSHIP 27 NORTH, RANGE 4 EAST, W.M.; EXCEPT 220TH STREET S.W. PARCEL B 9 S5.4fo' ' EX. CASED 0 220th STREET S.W. EX. BRASS TACK IJ 09.54'23" W 2704.1-7' „f p 3Glro.r03' 0 ti % ►JW'/4,SW%4,SEGT10Q 29 . ■ '� •_r• 0 f ' 'S i . r•. --Y�'- c� I..�p IJ G�I.iI E IJT • r Ul Lu f►7 " r • . 4 ..... i0 PARCEL "B" N .. 277I.04v' (C4.1_0) ti ..... ' " — O • 55.14' o_ S 8%21!59' 19" 'W !„ (S 6-1-93' W, DE6G.) V r _ • � ` •, fir' ' 33ro.57' THAT PORTION OF THE WEST HALF OF THE NORTHEAST ,. ,� •• W 89•s3's4" w QUARTER OF THE NORTHWEST QUARTER OF THE SOUTHWEST"ti• - \' QUARTER OF SECTION 29, TOWNSHIP 27 NORTH, RANGE 4 �; So:'' EAST, W.M., EMBRACED WITH THE FOLLOWING DESCRIBED r SO.' r � TRACT, TO -WIT: BEGINNING AT THE QUARTER CORNER ON THE WEST BOUNDARY OF SECTION 29, TOWNSHIP 27 NORTH, RANGE 4 EAST, W.M.; THENCE EAST ON THE CENTER LINE OF ''•ti SAID SECTION 29, 1014.6 FEET TO THE EAST LINE OF SAID r-•tjti r JM I L I P A fR K �Z WEST HALF OF THE NORTHEAST QUARTER OF THE NORTHWEST r '!� ti r ' ui QUARTER OF THE SOUTHWEST QUARTER; THENCE S, -1' 15' E, r ' 3 C J Jul D J I\11 1 1\1 J U Jail ALONG SAID EAST LINE, 402.8 FEET TO THE TRUlt "POIN�r OF 1 'ti, •• BEGINNING; THENCE S 1' 16' E, 148.7 .'FEET; •THENCE S 89' 53' W, 271.2 FEET TO THE INTERSECTION, 1TI�' THE rr '" ''L• 10 EASTERLY MARGIN OF THE RIGHT OF WAX OF STATE ROkD NO:•ti '� •'' 1; THENCE NORTHEASTERLY ALONG THE EA,4TERLY?-• 1k7GHT OF '. WAY LINE OF SAID ROAD TO .-)k POYNZ{• WHICH '' PL$ARS '' r S 86'36' W FROM THE POINT :OF kgGI�NING; TNERCE f� N 86' 36' E, 205.6 FEET TO THE POINT -CIF- B&EGINNINQ. 335.12' (GALL.) IJ 890SW 25" W-1340.4a' EX. CASED r' ti ti 'ti EX. BRASS KAODUI P-WT '■ . "OIJUI F_UT PLATG • •- (IJOTE THIS 224 th STREET S.W. UOT FOUIJO ~"• '■ IAITr=RSEGTIOU ~ ti '' '■ OGGU125 WEST % ~. r OF S I2 - qq ) LEGEND ' r' • = SET IROIJ PIKJ■,WITH � '~ 'r PLASTIC C�,P IJ'b1D. Alaci f '• � '' r .r 'ti • ti EX. CASED I...I000KAF-JT THAT PORTION OF THE WEST HALF OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 29, TOWNSHIP 27 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING AT THE QUARTER CORNER ON THE WEST BOUNDARY OF SAID SECTION 29; THENCE EAST, ON THE EAST AND WEST CENTER LINE OF SAID SECTION, 1014.6 FEET, MORE OR LESS, TO THE INTERSECTION WITH THE EAST LINE OF THE WEST HALF OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION; THENCE S 1016' E, ALONG SAID EAST LINE OF SAID WEST HALF OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER, 30 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING S 1016' E, ALONG SAID LINE 372.8 FEET; THENCE S 86036' W 205.6 FEET, MORE OR LESS, TO THE EASTERLY RIGHT OF WAY LINE OF STATE ROAD NO. 1; THENCE NORTHEASTERLY ALONG THE EASTERLY RIGHT OF WAY LINE OF SAID ROAD, 425 FEET, MORE OR LESS, TO A POINT 30 FEET SOUTH OF THE EAST AND WEST CENTER LINE OF SAID SECTION 29; THENCE EAST, PARALLEL WITH SAID EAST AND WEST CENTER LINE OF SAID SECTION, 18.5 FEET, MORE OR LESS, TO TRUE POINT OF BEGINNING; EXCEPT THAT PORTION THEREOF CONVEYED TO SNOHOMISH COUNTY BY QUIT CLAIM DEED RECORDED UNDER AUDITOR'S FILE NO. 2364652. PARCEL C '% •ti IWO 0 5 001 L. 703o425oo/ ii • . RECORDING CERTIFIdATE� FIi:ED FOR RECORD BY U.J. LOVELL L , THIS _c2 _ DAY OF 19lal A.D.. ATLS7 d11NUTES PAS r' O'CLOC M; AND RECORDED IN VOLUME OF SURV6 ON PAGES RECORDS O SUGHOU ISH COUNTY. WASHINGTON. DEAIJ V. WILLIAUS iR rttz: ".n A AUDITOR AUDITOR Iv101J U U GUT 337.9(0' 100' SEE "DETAIL" ,.., -- ..• r .r Ste, � ,� / • '� ' � '~' ' SO• --- r 'ti - ....r 1 • - .-22,0th STREET S.W. _ _ _ _ '� IJ 89•S4'23" W o�• •. ''ti 3 - '•.�� •� 58.rv1' - 0 0 m . a)O Nl7 �` '''ti l ' •� r' 4V 0 O p co •• �■ r(� 0 u 45. 04'00• W Nv tD 41,S03' _ ' 3.so' _ . p me V %N ? N 0Q 3 W 2I4.33�0 U) 0 0 m (GALC.) Z LLJ ff 'ti c11 (S 81oa3�c'�,DESG.) �o .r r 0. U V w Q SURVEYORS CERTIFICATE THIS MAP CORRECTLY REPRESENTS A SURVEY MADE BY ME OR UNDER MY DIRECTION IN CONFORMANCE WITH THE REQUIREMENTS OF THE SURVEY RECORDING ACT, AT THE REQUEST OF HGIZUAIJ 5GHLA THIS I TH DAY OF FEBI2 ARY 1967 dfr� L.S. No 9 89 I GERALD W. LOVELL Q I- U) 3 f" cr Z V LL U 0. u 0-06' 37" E 33-7.gcol— ) I _Q1.00' WF_ GOR. "A" R = 13.00' L = 14.79' PARCEL "A" DETAIL SGALE : V = 40' N BASIS OF BEARINGS ASSUI.AED DATULA PLAT OF SURVEY FOR HERMAN BEHLA IN NW%4,SWA,SECTION 29,T.27N.,R.4E.,W.M. SNOHOMISH COUNTY, WASHINGTON