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Ordinance 1567ORDINANCE NO. AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON AMENDING THE OFFICIAL ZONING MAP, EDMONDS, WASHINGTON BY CHANGING THE ZONING CLASSIFICATION OF CERTAIN PROPERTY FROM MULTIPLE RESIDENTIAL, HIGH DENSITY (RMH) TO SINGLE RESIDENTIAL, 8,000 SQUARE FEET (RS-8) PURSUANT TO PLANNING COMMISSION RESOLUTION NO. 358 AND RELEASING THE COVENANTS PREVIOUSLY REQUIRED BY ORDINANCE NO. 1367 AND CONTRACT ENTERED PURSUANT THERETO. WHEREAS, the City Council of the City of Edmonds adopted Ordinance No. 1367 on May 21, 1968, and authorized the execution by the Mayor and attestation by the City Clerk of a certain Contract proferred by G. John Doces (Owner) which Contract was duly executed as of May 24, 1968 and recorded by the Snohomish County Auditor under Auditor's No. 2032942, and WHEREAS, said Contract required certain obligations on the part of the property owner for so long as the property remained classified as Multiple Residential High Density (RMH), and WHEREAS, in 1971 the same property owner individually and as President of a corporate entity, Doces Enterprises, Inc. instituted a rezone of a portion of the property under their ownership through Planning Commission File No. R-1-71 requesting a rezone of a portion of the property under said ownership from Multiple Residential High Density (RMH) to General Commercial (CG) and WHEREAS, the Planning Commission recommended denial of said rezone by Planning Commission Resolution No. 353, and WHEREAS, the City Council upon due and proper public hearing reversed the Planning Commission and enacted Ordinance -254- No. 1544 granting said rezone subject to an Agreement and Covenants, and WHEREAS, on the motion of the Planning Commission a hearing was held by the Planning Commission and by Planning Commission Resolution No. 358 recommended to the City Council that the following described property be rezoned from Multiple Residential High Density (RMH) to Single Residential, 8,000 Square Feet (RS-8) contained within Planning Commission File No. R-2-71, and WHEREAS, the City Council of the City of Edmonds pursuant to Planning Commission Resolution No. 358 held a public hearing and thereat found that the findings of the Planning Commission in Planning Commission Resolution No.358 were substantially supported, now, therefore, THE..CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON DO ORDAIN AS FOLLOWS: Section 1. The Official Zoning Map, Edmonds, Washington, be and the same is hereby amended by changing the zoning classification from Multiple Residential High Density (RMH) to Single Residential, 8,000 Square Feet (RS-8) which property is legally described on Exhibit "A" attached hereto and by this reference incorporated herein as if set forth in full, all situate in the City of Edmonds, County of Snohomish, State of Washington. Section 2. The City Engineer is hereby directed to effectuate the necessary amendments to the Official Zoning Map of Edmonds, Washington, pursuant to this Ordinance. Section 3. The property owner and contracting party, G. John Doces (Owner), be and the same is hereby released from all obligations of that Contract dated May 24, 1968, filed under Snohomish County Auditor's File No. 2032942, -2- said obligations and covenants having previously attached to that property, all situate in the City of Edmonds, County of Snohomish, State of Washington, which property is legally described on Exhibit "B" attached hereto and by this reference incorporated herein as if set forth in full. APPROVED: ATTEST: CITY CLERK PASSED BY THE CITY COUNCIL: 7-6- 1/ FILED WITH THE CITY CLERK: 7-6 _ -7/ PUBLISHED: 7- /J-/- -j/ MIC EXHIBIT "A" That portion of Tracts 3 and 4, "Lake McAleer Five Acre Tracts," according to the plat thereof recorded in Volume 5 of Plats, on page 48, records of Snohomish County, Washington, described as follows: Commencing at the Southwest corner of said Tract 3, thence S 88026' 18" E. along the South line of said Tract 3, a distance of 130.00 feet to the True Point of Beginning of the tract of land herein described; thence continuing S 88026'18" E. along the South line of said Tract 3, a distance of 201.64 feet to the Southeast corner of said Tract 3; thencc,, N On45'50" E. a1png the Last line of said Tract 3, a distance of 457.63 feet to a point S 0045'50" W. 186.50 feet from the Northeast corner thereof; thence S 88029156" E. parallel to the north line of said Tract 4, a distance of 80.00 feet; thence N 0045'50" E. parallel to the West line of Tract 4, a distance of 186.50 feet to the North line of above said Tract 4; thence N 88029'56" W. along the North line of said Tract 4, a distance of 80.00 feet to the Northeast corner of above said Tract 3; thence S 0045150" along the East line of said Tract 3, a distance of 10.00 feet; thence N 88029' 56" W. parallel to the North line of said Tract 3, a distance of 201.64 feet; thence S 0043'.57" W. parallel to the'West line of above said Tract 3, a distance of 634.13 feet to the True Point of Beginning. EXHIBIT "B" That portion of Tracts 3 and 4, LAKE McALEER FIVE ACRE TRACTS, according to the plat thereof recorded in Volume 5 of Plats, on Page 48, records of Snohomish County, Washington, described as follows: Commencing at the Southwest corner of said Tract 3; thence S 88126'18"E, along the South line of said Tract 3, a distance of 80.00 feet to the True Point of Beginning of the tract of land herein described; thence continuing S 88°26'18"E along the South line of said Tract 3, a distance of 251.29 feet to the Southeast corner of said Tract 3; thence N 0°45'50"E along the East line of said Tract 3, a distance of 457.63 feet to a point S 0°45'50"W, 186.50 feet from the Northeast corner thereof; thence S 88o29156"E, parallel to the north line of said Tract 4, a distance of 80.00 feet; thence N 0045150"E, parallel to the West line of Tract 4, a distance of 186.50 feet to the North line of above said Tract 4; thence N 88°29'56"W, along the North line of said Tract 4, a distance of 80.00 feet to the Northeast corner of above said Tract 3; thence S 0°45'50"W, along the East line of said Tract 3, a distance of 10.00 feet; thence N 88°29'56"W, parallel to the North line of said Tract 3, a distance of 201.64 feet; thence S 0143'57"W, parallel to the West line of above said Tract 3, a distance of 176.96 feet to a point 135.00 feet north of the south line of the North one-half of said Tract 3; thence N 88°28'07"W, parallel to said south line, 50.00 feet; thence S 0043'57"W, parallel with the West line of said Tract 3, a distance of 456.84 feet to the True Point of Beginning.