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Ordinance 2059ORDINANCE 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 -1- 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 -2- 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, IRENE VARNEY 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 laz DESCRIPTION A1.1 that portion of Tract 1.5 Lake McAleer Five Acre Tracts,, as per plat recorded in Snohomish County, Washington Volume 5 of Plats, described page 48records , of , as follows( Beginning; at the Northwest 112.South 2°56' corner. of said ']Tact, ].5.; ' Last 02 312.02 feet; along the 1']cst Une of sai. Tract; 1.5 for Thence I orth 38004' East 'Thence 90 feet; North parallel to North line ' of said 'Tract the West -line of. 15 said Tract 15 to '' the Thence South 880021 West point of beginning;' ; along said North line, 90.f-eet to the`' Situate in the County of Snohomish, State of Glashi.ngton EX11Il3IT "A" ?906250191 v0 6143 Pa�E606 ,Z -5.z d- ,�S C; ,- /2 / /'0 EXHIBIT "i" Legal Description Attached 0 X S t s . 1-7 o 9J05% 7906-250191 VOL15.43 PACE607 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 day of March , 197_9_, affiant posted true and correct copies of the attached Ordinance No. fig_, passed by the City Council on the 2Qth 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. otary Public in and for the State of Washington, residing at --4,--