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Ordinance 2123ORDINANCE NO. 2123 AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, DESIGNATING THE ZONING CLASSIFICATION FOR CERTAIN PROPERTY PROPOSED TO BE ANNEXED INTO THE CITY AS COMMERCIAL WATERFRONT (CW) AND CERTAIN OTHER PRO- PERTY PROPOSED TO BE ANNEXED INTO THE CITY AS OPEN SPACE (OS); PROVIDING THAT SAID ZONING CLASSIFICATIONS ARE TO BE EFFECTIVE UPON ANNEXA- TION OF SAID PROPERTY; AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT AND COVENANT, PURSUANT TO PLANNING COMMISSION RESOLUTION NO. 637; ANNEXING CERTAIN REAL PROPERTY TO SAID CITY PURSUANT TO THE PETITION METHOD; AND ESTABLISHING THE EFFECTIVE DATE OF ANNEXATION. WHEREAS, the Union Oil Company of California is owner of certain property presently located in unincorporated Snohomish County, and has signed a petition for annexation of said property into the City of Edmonds, and WHEREAS, the City of Edmonds, Washington, has received a petition for annexation from the Union Oil Company of California for certain real property, the legal description of which is set forth below, and WHEREAS, the proposed annexation was submitted to the Snohomish County Boundary Review Board more than 60 days prior to February 19, 1980, and the Board's jurisdiction has not been invoked pursuant to RCW 36.93.100, and WHEREAS, pursuant to the petition for annexation, the City Council has determined that the property shall be assessed and taxed at the same rate and on the same basis as property within the City of Edmonds for any existing indebtedness of the City, and WHEREAS, pursuant to RCW 35A.14.330 - .340, the Edmonds Planning Commission has held a public hearing on the proposed zoning classification for the Union Oil property to be effective upon annexation and the Edmonds City Council has held two or more public hearings at least thirty (30) days apart upon the proposed zoning classification, and WHEREAS, notice of the public hearings has been duly published as provided by law and City ordinance, and WHEREAS, the Union Oil Company of California has tend- ered to the City a "Concomitant Zoning Agreement" respecting certain conditions and limitations on the property upon its being annexed into the City and zoned as set forth in this Ordinance, and WHEREAS, in accordance with Planning Commission Resolu- tion No. 637, the City Council has held a public hearing and after considering the limitations and conditions as imposed by the Concomitant Zoning Agreement tendered by Union Oil to the City has determined the following: 1. The property presently consists of an oil storage and distribution facility, which has existed for over 50 years in the County, and the area known as Union Oil Marsh which has been and is intended to remain undeveloped. 2. The proposed zoning classifications are consistent with the intents and purposes of the City's Comprehensive Policy Plan and the Shorelines Master Program. 3. As limited by the Concomitant Zoning Agreement the proposed zoning is compatible with existing County zoning and the existing and contemplated uses of the property and the existing and contemplated uses of surrounding property both within and without the City of Edmonds. 4. The proposed zoning will not be detrimental to the surrounding properties or uses either within or without the City of Edmonds and will be in the best interest of the public health, safety and general welfare. 5. The City Council has set the date of February 19, 1980, as the date for public hearing on the zoning and annexation of the property and caused due and proper notice of said hearing to be posted and published as required by law. 6. In accordance with the findings of the City of Edmonds' Responsible Official, the City Council finds that the proposed annexation will have no significant adverse environmental impacts. 7. The City Council finds that the proposed annexation will be in the best interest of the public health, safety and general welfare, now, therefore, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. There has been filed with the City Council of the City of Edmonds, Washington, a petition in writing, signed by owners of more than seventy-five percent (75%) in value, according to the assessed valuation for general taxation of the property for which annexation was petitioned; that said petition set forth a legal description of said real property; and said petition was accompanied by a plat or drawing, outlining the boundaries of the property sought to be annexed; and that prior to the filing of said petition, the City Council indicated its tentative approval of such annexation. Section 2. Tuesday, February 19, 1980, was set as the date for public hearing on said petition; notice of such hearing was published in the Western Sun edition of the Everett Herald, a newspaper of general circulation in the City of Edmonds and the area to be annexed, notice of such hearing was also posted in three places within the territory proposed for annexation; said notice specified the time and place for such hearing and invited persons interested to appear and voice approval or disapproval of the annexation. Section 3. The territory proposed by said petition to be annexed to the City of Edmonds is situate in Snohomish County, Washington, is contiguous, proximate and adjacent to the present corporate limits of the City of Edmonds and is more particularly described in Exhibit "A", attached hereto and incorporated in full by this reference. Section 4. The territory set forth in this Ordinance and for which said petition for annexation is filed, should be and the same is hereby made a part of the City of Edmonds. Section 5. Pursuant to the petition for annexation the property shall be assessed and taxed at the same rate and on the same basis as property in the City of Edmonds for any now out- standing indebtedness of the City including assessments or taxes in payment of any bonds issued or debts contracted, prior to or existing at the effective date of this annexation. Section 6. The Official Zoning Map of the City of Edmonds, Washington, is hereby amended by designating the zoning classification of the following described parcel of property situate in the City of Edmonds, Washington, as Commercial Water- front (CW). The legal description of the property is set forth on Exhibit "B", attached hereto and incorporated by this reference as if set forth in full. Section 7. The Official Zoning Map of the City of Edmonds, Washington, is hereby amended by designating the zoning classification of the following described parcel of property situate in the City of Edmonds, Washington, as Open Space (OS). The legal description of the property is set forth on Exhibit "C", attached hereto and incorporated by this reference as if set forth in full. Section 8. The Director of Planning 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 9. The Mayor is hereby authorized to execute and the City Clerk to attest to that certain document entitled "Concomitant Zoning Agreement" consisting of 9 typewritten pages which was executed by the owners of the above described properties on the 18 day of February , 1980, and tendered to the City. The City Clerk is further directed to record said Concomitant Zoning Agreement with the Snohomish County Auditor as a covenant running with the land. All costs of recordation shall be paid by the owner. Section 10. The City Clerk is hereby directed to file a certified copy of this Ordinance with the Snohomish County Auditor and with the Snohomish County Board of Commissioners. Section 11. This Ordinance shall be in full force and effect and the area annexed shall become a part of the City of Edmonds on the 25 day of February, 1980. APPROVED: ATTEST/AUTHENTICATED: CITY CLERK, IRENE RNEY MORAN APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: BY A/C/2.41-6-21/ MAY R, H. H. HARRISON FILED W I THE CITY CLERK: February 12, 1980 PASSED BY THE CITY COUNCIL: February 19, 1980 POSTED: February 20, 1980 EFFECTIVE DATE: February 25, 1980 Gir 'CORRECTED LEGAL DESCRIPTION EXHIBIT "A" LEGAL DESCRIPTION FOR PROPOSED ANNEXATION OF THE UNION OIL PROPERTY TO THE CITY OF EDMONDS Th ptn of the N 1/2 of Sec 26 Twp 27 N Rge 3E, W.M., in Snohomish County, Washington, daf: Beg at a concrete monument at thee int of the N In of sd Sec 26 and the W'ly mgn of the Burlington Northern r/w; th S 88°55'41" E alg the N In of sd Sec 26, a dist of 1501.81 ft to the W'ly mgn of the r/w of SR 104 he the exist city limits of Edmonds; th S 1°08'34" W alg sd r/w mgn and city limits a dist of 895.44 ft; th S 12°49'15" W alg sd r/w mgn and city limits a dist of 342.977 ft; th S alg city limits tap on the S In of the N 1/2 of the N 1/2 of sd Sec 26; th N 88 51'46" W alg sd S In tap on the outer harbor In; th N 17O30' E alg sd outer harbor In tap on the N In of sd Sec 26, sd pt he on the Edmonds City Limits; th S 42034'34" E alg sd city limits tap on the W'ly mgn of the Burlington Northern r/t;; th N 47 25'26" E alg sd W'ly mgn tap on the N In of sd Sec 26, sd pt be the TPOB. EXHIBIT "B" Page 1 C, l PARCEL I: ALL THAT PORTION OFGOVERNMENT .LOT 1 AND OF TIDELAND, LOT 1, IN SECTION 26, TOWNSHIP 27 NORTH, RANGE 3 EAST, W.M., 1N SNOHOMISH COUNTY, WASHING - TON, LYING WESTERLY OF THE WESTERLY LINE OF THE GREAT NORTHERN RAILWAY ,COMPANY RIGHT-OF-WAY AS CONVEYED BY INSTRUMENT RECORDED IN VOLUME 17 OF DEEDS, PAGE 132 AND IN VOLUME 38.OF DEEDS, PAGE 412, AND LYING SOUTHERLY OF _THE FOLLOWING DESCRIBED LINE.:. BEGINNING AT A POINT OF INTERSECTION OF ORIGINAL WESTERLY LINE OF GREAT • NORTHERN RAILWAY COMPANY'S RIGHT-OF-WAY WITH THE NORTH LINE OF SAID SECTION 26, SAID POINT BE1NC 688.-03 FEET WESTERLY OF THE NORTH QUARTER CORNER OF SAID SECTION; THENCE SOUTH 42°34'34" WEST., 54;17 FEET; THENCE SOUTH 47©25'26" EAST 150.FEET ;• THENCE SOUTH 42°34'34" WEST, 765.65 FEET, ALONG THE WESTERLY LINE OF THE GREAT NORTHERN RAILWAY COMPANY'S RIGHT-OF-WAY TO THE TRUE POINT OF BEGINNING OF SAID LINE; THENCE NORTH 47°25'26" WEST 418.11 FEET, MORE OR .LESS, TO POINT OF INTERSECTION WITH THE INNER• HARBOR LINE. EXHIBIT "B" PARCEL 1I: Page 2 THAT PORTION .OF GOVERNMENT LOT 3, SECTION 23, AND OF GOVERNMENT LOT 1 AND THE NORTHEAST QUARTER OF SECTION 26, TOWNSHIP 27 NORTH, RANGES EAST, -W.M., IN SNOHOMISH COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: COMMENCING AT THE CONCRETE. MONUMENT AT THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF SAID NORTHEAST QUARTER OF SECTION 26; THENCE NORTH 88°51'46". WEST ALONG THE SOUTH LINE OF SAID -GOVERNMENT LOT 1, A DISTANCE OF 571.23 :FEET. TO. THE TRUE 'POINT OF BEGINNING; THENCE CONTINUING NORTH 88°51'46" WEST, 850.37 FEET TO A POINT ON THE EASTERLY MARGIN OF THE BURLING- TON NORTHERN RAILWAY' RIGHT-OF-WAY, SAID POINT BEING ON A 976.60 FOOT RADIUS CURVE CONCAVE TO THE EAST, A RADIAL AT SAID POINT BEARING SOUTH 70°12'20" EAST; THENCE NORTHERLY ALONG SAID RIGHT-OF-WAY LINE AND CURVE, AN ARC DISTANCE OF 388.31 FEET TO A POINT OF TANGENCY; THENCE NORTH 42°34'34" EAST -ALONG. SAID RIGHT-OF-WAY LINE -1316.83 FEET TO A CONCRETE .MONUMENT AT THE INTERSECTION OF THE 'NORTH LINE. OF SAID SECTION 26 WITH SAID EASTERLY MAR- GIN OF THE BURLINGTON NORTHERN RAILWAY RIGHT-OF-WAY AND FROM WHENCE THE 'NORTHEAST CORNER OF SA ID SECTION 26 BEARS SOUTH 88°55'41" EAST; THE.NCE CONTINUING NORTH 42°,34'34" •EAST ALONG; SAID RIGHT-OF-WAY, 327.47 FEET;. THENCE SOUTH 47°30'00" EAST, 716.15 FEET; THENCE SOUTH 42°30'00" WEST 195.00 FEET; THENCE SOUTH 48°00'00" EAST 440.00 FEET; THENCE SOUTH 44°30'00" EAST 400.00 FEET; THENCE SOUTH 64°11'45" EAST 248.85 FEET- TO THE WESTERLY MARGIN OF SR 104 AS CONDEMNED BY THE STATE OF WASHINGTON FOR STATE ROAD 104 BY DECREE ENTERED iN SNOHOMISH COUNTY SUPERIOR COURT CAUSE NO. 106375; THENCE SOUTH 12°49'15" WEST ALONG SAID MARGIN 187.97 FEET; THENCE SOUTH 83°07'35" WEST ALONG SAID tMMARCIN 297.82 FEET; THENCE SOUTH 1°08'15" WEST 24.00 FEET TO A POINT 26.00 FEET NORTH 1°08'15" EAST OF THE SOUTH LINE OF SAID NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 26; THENCE NORTH 88°51'46" WEST PARALLEL WITH SAID SOUTH LINE 577.31 FEET TO T.HE POINT OF CURVATURE OF A CURVE TO T.HE - RIGHT HAVING A RADIUS OF 480 FEET; THENCE NORTHWESTERLY ALONG SAID CURVE 284.84 FEET TO THE POINT OF TANGENCY; THENCE NORTH 54°51'46" WEST 207.70 FEET TO THE POINT OF CURVATURE OF A CURVE TO THE LEFT HAVING A RADIUS OF 5.20 FEET; THENCE NORTHWESTERLY ALONG SAID CURVE .97.30 FEET TO THE POINT OF TANGENCY; THENCE NORTH 65°35'00" WEST •37.89 FEET TO THE POINT OF CURVA- TURE OF A CURVE TO THE LEFT HAVING A RADIUS OF 205 FEET; THENCE WESTERLY ALONG SAID CURVE 264.77.FEET TO A POINT OF A COMPOUND CURVE HAVING 'A RAD- IUS OF 120 FEET;. THENCE SOUTHERLY ALONG SAID* CURVE 129.85 FEET TO THE POINT O.F TANGENCY; THENCE SOUTH 21°35'00" EAST 113.72 FEET TO THE TRUE POINT OF BEGINNING; • SUBJECT TO A 10 FOOT WIDE SLOPE EASEMENT ALONG. THE SOUTHERLY LINE ADJACENT TO THE PINE,STREET EXTENSION ROAD. EXHIBIT "B" _ PAGE 3 • PARCEL lll: THAT PORTION OF GOVERNMENT LOT 1; SECTION 26 AND l HE NORTHEAST QUARTER OF SECTION 26 IN TOWNSHIP 27 NORTH, RANGE 3 EAST, W.M., IN SNOHOMISH COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT A CONCRETE MONUMENT AT THE SOUTHWEST CORNER OF THE NORTH- WEST QUARTER OF'SAID- NORTHEAST QUARTER OF SECTION 26; THENCE NORTH 88°51'46" WEST ALONG THE SOUTH LINE OF SAID GOVERNMENT LOT 1, A DISTANCE •. OF 527.86 FEET; . THENCE .NORTH .21°35'00" WEST 130.47 FEET TO THE POINT OF CURVA- TURE OF A CURVE TO THE RIGHT HAVING A RADIUS OF 30 FEET;• THENCE NORTHERLY ALONG SAID: CURVE 86.57 FEET TO A POINT OF A COMPOUND CURVE HAVING A RADIUS OF 165 FEET; .THENCE EASTERLY ALONG • SAID CURVE 21 3. 10 FEET TO THE POINT OF TANGENCY; THENCE 'SOUTH 65°35'00" EAST 37.89 FEET TO THE POINT OF CURVATURE OF A- CURVE TO THE RIGHT HAVING A RADIUS OF 480 FEET; THENCE SOUTHEASTERLY ALONG SAID CURVE 89.81 FEET TO THE POINT OF TANGENCY; THENCE SOUTH 54°51'46" EAST 207.70 FEET TO THE POINT OF CURVATURE OF A CURVE TO THE LEFT HAVING A RADIUS OF 520 FEET; THENCE SOUTHEASTERLY ALONG SAID CURVE 187.64 FEET TO A POINT ON THE SOUTH LINE OF SAID NORTHWEST QUARTER OF THE NORTHEAST QUARTER, SAID POINT BEING SOUTH 88°51'46" EAST 83.18 FEET FROM THE POINT OF BEGINNING; THENCE NORTH 88°51'46" WEST ALONG SAID SOUTH LINE 83.18 FEET TO THE POINT OF BEGINNING; SUBJECT TO A 10 FOOT WIDE SLOPE EASEMENT ALONG THE NORTH AND WEST LINES ADJACENT TO THE PINE STREET EXTENSION ROAD. EXHIBIT "C" PARCEL IV: .THAT PORTION OF GOVERNMENT LOT 3, SECTION 23 AND THAT PORTION OF THE NORTHEAST QUARTER OF SECTION 26, ALL IN TOWNSHIP 27 NORTH, RANGE 3 EAST, -W.M., IN SNOHOMISH COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: COMMENCING AT A CONCRETE MONUMENT AT THE INTERSECTION OF THE NORTH LINE OF SAID SECTION 26, WITH THE EASTERLY MARGIN OF THE BURLINGTON NOR- THERN RAILWAY RIGHT-OF-WAY AND FROM WHENCE THE NORTHEAST CORNER OF • SAID SECTION 26 BEARS SOUTH 88°55'41" EAST; THENCE NORTH 42°34'34" EAST ALONG SAID EASTERLY MARGIN 327.4.7 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH.47°30'00" EAST 716.15 FEET; THENCE SOUTH 42°30'00" WEST 195.00 FEET; THENCE SOUTH 48°00'00" .EAST .440.00 FEET; THENCE SOUTH 44°30'00" EAST 400.00 FEET; THENCE SOUTH. 64°11'45" EAST • 248.85 FEET TO THE WESTERLY MARGIN OF SR 104 AS CONDEMNED BY THE STATE OF WASHINGTON FOR STATE ROAD 104 BY DECREE ENTERED IN SNOHOMISH COUNTY SUPERIOR COURT CAUSE NO. 106375; THENCE NORTH 12°49'15" EAST ALONG SAID WESTERLY MARGIN . 155.00 FEET; THENCE CONTINUING ALONG SAID WESTERLY MARGIN NORTH 1°08'54" EAST 1 01 5. 00 FEET; THENCE •SOUTH 73°00'00" WEST 240.00 FEET; THENCE NORTH 88°.30'00" WEST 110.00 FEET; THENCE NORTH 66°00'00" WEST 140.00 FEET; THENCE NORTH 40°00'00" WEST 125.00 FEET; THENCE NORTH 1°00'00" WEST 200.00 FEET; THENCE NORTH.37°00'00" WEST 260.00 .FEET; THENCE SOUTH 71°00'00" WEST 401.09 FEET TO A POINT ON THE SAID EASTERLY MARGIN OF THE BURLINGTON NORTHERN RAILWAY RIGHT-OF-WAY, SAID POINT BEING NORTH 42°34'34" EAST 288.90 FEET FROM THE TRUE POINT OF BEGINNING; THENCE SOUTH 42°34'34" .WEST ALONG SAID EASTERLY MARGIN 288.90 FEET TO THE TRUE POINT OF BEGINNING. VICINITY MAP SCALE: PI = 800' -••• •••.: `‘. PROPOSED ANNEXATION CITY OF EDMONDS ••••••••••• • •••••••••••mo4,,•••••• • • • • • - • • • - • - • - • TOWN OF WOODWAY it' • * • '''''' • • /./.% / 1 • •) •°:• . f•-• __ • HL f---21- ; E_. L._ • . i • .....,,,,,= 7_ - : r I• I r-71-1-7- :7 a •C. AFFIDAVIT OF POSTING ORDINANCE STATE OF WASHINGTON ss: COUNTY OF SNOHOMISH IRENE VARNEY MORAN , being first duly sworn on oath deposes and says that she is over the age of eighteen (18) years and is competent to testify as to the matter stated herein. On the 20 day of February , 19$ 0 , affiant posted true and correct copies of the attached Ordinance No. 2123, passed by the City Council on the 19 day of February , 19 8 0 , 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 20 day of February , 1980 SUBSCRIBED AND SWORN to before me this ,,Z o day of ��c�cv��• , 198d. Ndtar f'Public in and for the State of Washington, residing at