Ordinance 2132ORDINANCE NO. 2132
AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON,
AMENDING THE COMPREHENSIVE POLICY PLAN MAP BY
CHANGING THE DESIGNATION OF CERTAIN DESCRIBED
PROPERTY IN THE CITY FROM INDUSTRIAL TO BUSINESS;
AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF
EDMONDS, WASHINGTON, BY CHANGING THE ZONING
CLASSIFICATION OF CERTAIN PROPERTY LOCATED WITHIN
SAID CITY FROM INDUSTRIAL PARK (IP) TO GENERAL
COMMERCIAL (CG) AND OPEN SPACE (OS); AND
AUTHORIZING THE EXECUTION OF AN AGREEMENT AND
COVENANTS, PURSUANT TO PLANNING COMMISSION
RESOLUTION NO. 647.
WHEREAS, the Edmonds Planning Commission has held a
public hearing on the following amendment to the Edmonds Compre-
hensive Policy Plan Map and the following amendments to the
Official Zoning Map and has forwarded its recommendations to
the City Council in Planning Commission Resolution No. 647, and
WHEREAS, a public hearing was called by the City Council
of the City of Edmonds, Washington, and at the conclusion of said
hearing the City Council determined as follows:
1. That the Findings of Fact and Conclusions as con-
tained in Planning Commission Resolution No. 647 are correct and
the City Council hereby adopts the same as if set forth in full.
2. That the proposed amendment to the Comprehensive
Policy Plan Map and the proposed amendments to the Official Zoning
Map, as limited by the concomitant zoning agreement tendered by
the owners to the City, will be in the best interests 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. The Comprehensive Policy Plan Map, adopted
by Section 12.04.090 of the Edmonds City Code is hereby amended
to change the designation of the following described property
from Industrial to omm rcia:1 . The legal description of the pro-
perty is set forth on Exhibit "3", attached hereto and incor-
porated herein by this reference as if set forth in full.
Section 2. The Official Zoning Map of the City of
Edmonds, Washington, is hereby amended by changing the zoning
classification of the following described parcel of property
in the City of Edmonds, Washington, from Industrial Park (IP) to
General Commercial (CG). The legal description of the property
is set forth on Exhibit "D", attached hereto and incorporated in
full by this reference.
Section 3. The Official Zoning Map of the City of
Edmonds, Washington, is hereby amended by changing the zoning
classification of the following described parcel of property in
the City of Edmonds, Washington, from Industrial Park (IP) to
Open Space (OS). The legal description of the property is set
forth on Exhibit "D", attached hereto and incorporated in full
by this reference.
Section 4. The Mayor is hereby authorized to execute
and the City Clerk to attest that certain document entitled
"Agreement and Covenants Constituting a Contract Rezone" con-
sisting of
six typewritten pages executed by the owners on
the 24th day of April, 1980, and tendered to the City. The
City Clerk is further directed to record said "Agreement and
Covenants Constituting a Contract Rezone" with the Snohomish
County Auditor's Office as a covenant running with the land.
All costs of recordation shall be paid by the owners.
Section 5. This Ordinance shall be in full force and
effect five (5) days after passage and publication by posting
as provided by law.
MAYOR, H. H. HARRISON
ATTEST/AUTHENTICATED:
CITY CLERK, IRE N VARNEY MORAN
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
BY ,f,.tee_e/ Q'
FIL D WITH THE CITY CLK: April 17, 1980
PASSED BY THE CITY CO CIL: April 29, 1980
POSTED: April 30, 1980
EFFECTIVE DATE: May 5, 1980
Exhibit "A"
Approximate Edge,oi
Union Oil Marsh•
Portion to
be Zoned O.S.
Development Plan
Portion to be Zoned
HARBOR SQUARE
A Business Park by the Port of Edmonds
SR.104
April 22,1980
1
LEGAL DESCRIPTION FOR THE PORT OF EDMONDS
COMPREHENSIVE PLAN AMENDMENT NO. CP.-2-79
EXHIBIT B
Legal description for the portion to be changed
from Industrial to Conuniercial
That portion of Government Lot 3, Section 23,
Township 27 North, Range 3 East, W.M., described as
follows; Commencing at the intersection of the south
line of Section 23, and the easterly right of way
line of the Burlington Northern Railroad; thence
along said easterly right of way north 42* 34' 34"
east 616.37 feet to the true point of beginning;
thence continuing north 42* 34' 34" east 731.18 feet
to the southerly right of 'way of Dayton Street;
thence along said southerly right of way line south
58* 17' 06" east 12.54 feet; thence south 88* 42'
06" east 524.29 feet; thence south 41* 39' 17" east
110.49 feet to the right of way of SR-104 (as
condemned under S.C.C. NO. 106375); thence south 1*
08' 54" west along said right of wav a distance of
800.00 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 the true point of beginning;
Excepting that portion of Government Lot 3 lying
southerly of a line 25 feet upland of the northerly
edge of the Union Oil Marsh and as depicted on Exhibit
"A" attached hereto.
LEGAL DESCRIPTION FOR THE PORT OF EDMONDS
REZONE NO. R-4-79
EXHIBIT C
Legal description for the portion to be rezoned from IP to CG.
That portion of Government Lot 3, Section 23,
Township 27 North, Range 3 East, W.M., described as
follows: Commencing at the intersection of the south
line of Section 23, and the easterly right of way
line of the Burlington Northern Railroad; thence
along said easterly right of way north 42* 34' 34"
east 616.37 feet to the true point of beginning;
thence continuing north 42* 34' 34" east 731.18 feet
to the southerly right of *way of Dayton Street;
thence along said southerly right of way line south
58* 17' 06" east 12.54 feet; thence south 88* 42'
06" east 524.29 feet; thence south 41* 39' 17" east
110.49 feet to the right of way of SR-104 (as
condemned under S.C.C. NO. 106375); thence south 1*
08' 54" west along said right of way a distance of
800.00 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
4U1.09 feet to the true point of beginning;
Excepting that portion of Government Lot 3 lying
southerly of a line 25 feet upland of the northerly
edge of the Union Oil Marsh and as depicted on Exhibit
"A" attached hereto,
LEGAL DESCRIPTION FOR THE PORT OF EDMONDS
REZONE R-4-79
EXHIBIT D
Legal description for the portion to be rezoned
from IP to OS
Teat portion of Government Lot 3, Section 23,
Township 27 North, Range 3 East, W.M., described as
follows: Commencing at the intersection of the south
line of Section 23, and the easterly right of way
line of the Burlington Northern Railroad; thence
along said easterly right of way north 42* 34' 34"
east 616.37 feet to the true point of beginning;
thence continuing north 42* 34' 34" east 731.18 feet
to the southerly right of way of Dayton Street;
thence along said southerly right of way line south
58* 17' 06" east 12.54 feet; thence south 88* 42'
06" east 524.29 feet; thence south 41* 39' 17" east
110.49 feet to the right of way of SR-104 (as
condemned under S.C.C. NO. 106375); thence south 1*
08' 54" west along said right of way a distance of
800.00 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 the true point of beginning; excepting
that portion of Government Lot 3 lying northerly of a
line 25 feet upland of the northerly edge of the Union
Oil Marsh and as depicted on Exhibit "A" attached hereto.
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.
There is no official newspaper or other newspaper printed and
published within the City. In accordance with RCW 35A.12.160, on
the 30 day of APRIL , 1980, affiant posted true and
correct copies of the attached Ordinance No. 2132 , passed by the
City Council on the 29 day of APRIL , 1980, at the
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
Edmonds Branch of United States Post Office
.201 Main Street
Edmonds, Washington 98020
DATED this 30 day of APRIL , 1980.
se‘Ltez-i2 Ah&-t-etAl..)
SUJBSCRIBED AND SWORN to before me this day of
. 100.
otry Public in and for the
State o Washington, residing
at
8005060198
AGREEMENT AND COVENANT CONSTITUTING
A CONTRACT REZONE
This Agreement contains the covenants entered into between THE PORT OF
EDMONDS, a municipal corporation, hereinafter referred to as "THE PORT"
and the CITY OF EDMONDS, a municipal corporation, hereinafter referred to
as "THE CITY".
W I T N E S S E T H:
WHEREAS, THE PORT proposes the development of an approximately 14.6
acre parcel of real property in Edmonds, located at the southwest corner
of Dayton Street and State Route 104, and being more specifically
described as follows:
That portion of Government Lot 3, Section 23,
Township 27 North, Range 3 East, W.M., described as
follows: Commencing at the intersection of the south
line of Section 23, and the easterly right of way
line of the Burlington Northern Railroad; thence
along said easterly right of way north 42* 34' 34"
east 616.37 feet to the true point of beginning;
thence continuing north 42* 34' 34" east 731.18 feet
to the southerly right of way of Dayton Street;
thence along said southerly right of way line south
58* 17' 06" east 12.54 feet; thence south 88* 42'
06" east 524.29 feet; thence south 41* 39' 17" east
110.49 feet to the right of way of SR-104 (as
condemned under S.C.C. NO. 106375); thence south 1*
08' 54" west along said right of way a distance of
800.00 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 the true point of beginning; and
WHEREAS, THE PORT has applied for a change in the zoning of the
subject property from its current IP classification to CG and OS and has
tendered this agreement to the CITY; and
WHEREAS, THE CITY has caused the application in its entirety,
including, but not limited to the Environmental Impact Statement, to be
reviewed by its Planning and Engineering Departments and by its Planning
Commission, and has fully considered recommendations made after such
review; and
B005060198
1
VOL 1668 PAGE 2450
CITY CLERK
WHEREAS, THE PORT has determined a willingness and ability to
implement the terms of this agreement in the course of its proposed
development; and
WHEREAS, THE PORT and THE CITY are willing to enter into an agreement
for a contract rezone reclassifying the parcel from IP to CG and OS; now
therefore,
IT IS HEREBY AGREED AS FOLLOWS:
1 In consideration of THE CITY reclassifying the subject property
from IP to CG and OS, and for so long as the property remains so
classified, THE PORT covenants as follows:
A To develop the subject property in substantial accord with
the development plan set forth in Attachment "A" (including
additions thereto) attached hereto and made a part hereof by this
reference, subject to the right to make minor revisions including
but not limited to the following:
1) The number, arrangement, and shape of buildings may be
altered without increasing the gross floor area, general
distribution of buildings, or significantly altering the
looped circulation system;
2) Parking areas may he modified without reducing the
number of spaces provided, the general distribution of
spaces, or the amount of landscaping;
3) The number and arrangement of building service accesses
(overhead doors, loading docks, etc.) may be altered so long
as these service accesses are screened from both Dayton
Street and State Route 104.
Such minor revisions shall be subject to approval by the Edmond's
Department of Community Development.
B To develop the subject property in accord with the following
development standards:
1) The minimum setback for buildings from Dayton Street
and State Route 104 shall be twenty five (25) feet;
2) The minimum setback for parking from Dayton Street and
State Route 104 shall be ten (10) feet;
3) All outdoor display of merchandise shall be subject to
the same minimum setback as parking areas and the setback
area shall he well landscaped;
8005060198
2
VOL 1.668 PAGE 2451.
4) All signs and advertising devices shall be subject to
the requirements for signs located in a BC or IP zone
pursuant to Title 20, SIGN CODE, of thr Edmonds Land Use
Guidelines as now exists or may be hereafter amended or
recodified;
5) Outdoor storage and/or assembly areas shall be screened
from Dayton Street and State Route 104 by a site obscuring
fence or buffer pursuant to Section 12.14.050(i) of the
Edmonds Land Use Guidelines as now exists or may be
hereafter amended or recodified;
6) All structures, fences and other architectural features
shall be compatibly designed to give the overall development
of the subject property unity and continuity;
7) The maximum building height shall be thirty five (35)
feet, ani ro building shall exceed two stories in height;
8) All buildings and structures shall be subject to
Architectural Design Board (ADB) approval.
C To limit the land uses established on the subject property
to those uses permitted by Section 12.13.270 of the Edmonds Land
Use Guidelines as now exists or may be hereafter amended or
recodified, and subject to the following:
1) The following uses shall be prohibited:
A) Automotive wrecking;
B) Automotive sales;
C) Car washes;
D) Drive-in Restaurants;
E) Fuel storage yards;
F) Kennels;
G) Motels;
H) Mobile home parks;
I) Residences, except for a caretaker and/or guard;
J) Service Stations.
2) The following uses permitted in the CG zone shall be
limited as follows:
A) Small boat building, repair, and preparation shall
be limited to boats not exceeding sixty five (65) feet
in length;
B) Fabrication and sale of metal, wood, plastic,
\cloth, and similar products of light industry shall
specifically exclude the fabrication of major
structural steel forms, boiler making, and similar
activities involving excessive noise, or major trucking
in terms of over -standard dimensions per unit or
over -standard weight of load, except for small boats.
8005060198
3 VOL 1.668 PAGE 2452
D That the northwest portion of the subject property used by
the Burlington Northern Railroad will. be fenced off from the
remainder of the development to eliminate indiscriminant access
across the railroad right of way.
E That all leases entered into by THE PORT shall be
conditioned upon the lessee meeting or exceeding the performance
standards established by Section 12.14.050 of the Edmonds Land
Use Guidelines as now exists or may be hereafter amended or
recodified, and not conducting activities in such a manner as to
become a nuisance to the surrounding neighborhood.
F That that portion of the subject parcel from the south
property line located within the "Union Oil" marsh to a line
twenty five (25) feet landward from the edge of the marsh should
be zoned "Open Space" to protect the integrity of the marsh. The
remainder of the property should be zoned CG.
G That in order to allow for future expanded access to the
edge of the marsh, THE PORT agrees to construct the following
walkway at such time as THE CITY constructs a connecting walkway
across the marsh from the south;
A walkway paralleling S.R. 104 from the interior looped
street to the south eastern corner of the subject parcel,
and proceeding from there along the edge of the marsh to
intersect with the existing path along the marsh in the
central southern portion of the subject parcel.
2 If consistant with the public health and welfare, THE CITY will
cause the necessary ordinances to be enacted to rezone the subject
property from IP to CG and OS for those uses as defined and permitted by
the Edmonds Land Use Guidelines, and for such uses as are contemplated and
intended by this agreement and the Attachments
3 Amendments to the development plan (Attachment "A") or this
Agreement may be made by either THE PORT or THE CITY upon application
filed in the same manner as a rezone application. No applications shall
be made by THE PORT or THE CITY or their successors or assigns to amend
the underlying zoning of CG and OS for a period of two years from the date
of this Agreement. Thereafter, either THE PORT or its successors or
assigns, or THE CITY may, upon application filed in the same manner as a
rezone application, apply to amend or terminate the provisions and
covenants of the Agreement or to change the zoning on said property. Said
application to change or terminate the provisions and covenants or to
rezone said property shall he heard in the normal manner at appropriate
puhlic hearings as any other application for a rezone of property in the
City of Edmonds.
4 THE CITY shall be under no obligation to issue THE PORT or its
successors or assigns a building permit or other permits or approvals for
improvements or expansions upon any of the subject property of THE PORT
unless such improvements or expansions lie within the terms hereof and the
applicable ordinances at the time of any application for building permit
or other permits or approvals.
8005060198 4
von 1668 PAGE 2453
CI rY
C vic C
5 The Edmond's Department of Community Development is granted
authority to interpret and apply this agreement. Where there is
uncertainty and/or disagreement concerning any substantive term of this
agreement, including the Attachments, THE PORT may request that the matter
he put on the next available_ agenda of City Council for a hearing and
resolution of the disagreement. If THE PORT disagrees with the decision
of City Council, the matter may he filed in the Snohomish County Superior
Court as a Request for a Declaratory Judgment or other appropriate action.
6 This agreement and each part of it shall be considered covenants
running with the land covered hereby and shall he binding upon the
successors and assigns of THE PORT and THE CITY. It shall be recorded
with the Snohomish County Auditor in the grantor/grantee index with THE
PORT being listed as grantor and THE CITY as grantee and all costs of such
recordation shall he paid by THE PORT. Such recordation and payment of
said costs shall he a condition precedent to THE PORT exercising any
rights under the terms of the agreement.
7 The terms of this agreement may be specifically enforced. If
either party shall bring suit to enforce any of the provisions of this
agreement, the prevailing party may be awarded reasonable attorney fees
and litigation costs in such amount as is set by the court.
IN WITNESS WHEREOF, the parties have executed this contract
this 3c day of C21041j, , 1980.
THE PORT OF EDMONDS
By v 1/ C,.,
R ESIDENT
ATTEST:
,\:///
SECRETARY
CITY OF EDMONDS
By
ATTEST:
4141i) dttif 7J2Ayjz)
E MONDS CITY CtRK
8005060198
5 vo! 1.668 PAGE 2454
STATE OF WASHINGTON
ss.
County of Snohomish
On this day personally appeared before me Harve H. Harrison and
Irene Varney known personally to me as the Mayor and City Clerk of the
City of Edmonds, Wa. and who acknowledged that they signed the foregoing
instrument as their free and voluntary act and deed for the uses and
purposes therein mentioned.
,,.•.,,,G,i,ven under my hand
RECORDED
STATE OF WASHINGTON
and official seal this U day of h 41— , 1980.
ss.
County of Snohomish
c �
N TAR*YPUBLIC in and for the
State of Washington,, residing
at
On this day personally appeared before me Gordon A. Maxwell and
T. P. Chittenden known personally to me as the President and Secretary
of The Port Commission of The Port of Edmonds, Wa. and who acknowledged that
they signed the foregoing instrument as their free and voluntary act and deed
for the uses and purposes therein mentioned.
Given under my hand and official seal this
a)
S
a
26(
day o
,' X l i! 3 r,� y•
sid, 7Q
r
, 1980.
8005060 198
VOL 1668 PAGE 245
Exhibit "A"
Approximate Edge.ot
Union Oil Marsh
Portion to
be Zoned O.S.
Development Plan
N •
J •ArJj.j.iJ
Portion to be Zoned C.G. r
e.►
HARBOR SQUARE
A Business Park by the Port of Edmonds
SR. 104
I '
April 22,1980
AGREEMENT AND COVENANT CONSTITUTING
A CONTRACT REZONE
This Agreement contains the covenants entered into between THE PORT OF
EDMONDS; a municipal corporation, hereinafter referred to as "THE PORT"
and the CITY OF EDMONDS, a municipal corporation, hereinafter referred to
as THE CITY".
WITNESSETH:
WHEREAS, THE PORT proposes
acre parcel of real property
of Dayton Street and State
described as follows:
the development of an approximately 14.6
in Edmonds, located at the southwest corner
Route 104, and being more specifically •
That portion of Government Lot 3, Section 23,
Township 27 North, Range 3 East, W.M., described as
follows: Commencing at the intersection of the south
line of Section 23, and the easterly right of way
line of the Burlington Northern Railroad; thence
along said easterly right of way north 42* 34' 34"
east 616.37 feet to the true point of heginning;
thence continuing north 42* 34' 34" east 731.18 feet
to the southerly right of way of Dayton Street;
thence along said southerly right of way line south
58* 17' 06" east 12.54 feet; thence south 88* 42'
06" east 524.29 feet; thence south 41* 39' 17" east
110.49 feet to the right of way of SR-104 (as
condemned under S.C.C. NO. 106375); thence south 1*
08' 54" west along said right, of way a distance of
800,00 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 the true point of beginning; and
WHEREAS, THE PORT has applied for a change in the zoning of the
subject property from its current IP classification to CG and 0S and has
tendered this agreement to the CITY; and
WHEREAS; THE CITY has caused the application in its entirety,
'including, but not limited to the Environmental Impact Statement, to he
reviewed by its Planning and Engineering Departments and by its Planning
Commission, and has fully considered recommendations made after such
•rev i.ew; and
6005060198
1
ATTACHMENT 3
File No, R-98-107
VOL 1.668 PAGE 2450
WHEREAS, THE PORT has determined a willingness and ability to
implement the terms of this agreement in the course of its proposed
development; and
WHEREAS, THE PORT and THE CITY are willing to enter into an agreement
for a contract rezone reclassifying the parcel from IP. to CG and OS; now
therefore,
IT IS HERESY AGREED AS FOLLOWS:
1 In consideration of THE CITY reclassifying the subject property
from IP to CG and 0S, and for so long asthe property remains so
classified, THE PORT covenants as follows:
A To develop the subject property in substantial accord with
the development plan set forth in Attachment "A" (including
additions thereto) attached hereto and made a part hereof by this.
reference, subject, to the right to make minor revisions including
but not. limited to the following:
1) The number, arrangement, and shape of buildings may be
altered without increasing the gross floor area, general
distribution of buildings, or significantly altering the
looped circulation system;
2) Parking areas may he modified without reducing the
number of spaces provided, the general distribution of
spaces, or the amount of landscaping;
3) The number and arrangement of building service accesses
(overhead doors, loading docks, etc.) may be altered so long
as these service .accesses. are screened from both Dayton
Street and State Route 104.
Such minor revisions shall,be.subject to approval by the Edmond's
Department of Community Development.
B To develop the subject property in accord with the following
development standards;
'1) . The minimum setback for buildings from Dayton Street
and State Route 104 shall be twenty five (25) feet;
?) The minimum.sethack for parking from Dayton Street and
State Route 104 shall be ten (10). feet;
3)' All outdoor display of merchandise shall be subject to
the same minimum setback as parking areas and the setback
area shall be well landscaped;
8005060 1`9$
2
voL 1668 ME 245i
4) All signs and advertising devices shall be subject .to
the requirements for signs located in a BC .or IP zone
pursuant to Title 20, SIGN CODE, of the Edmonds Land Use
Guidelines .as now exists or may be hereafter amended or
recodified';
5) •outdoor storage anti/or assembly areas shall be screened
from Dayton. Street and, State Route 104 by a site obscuring
• fence or buffer pursuant .to Section 12.14.050(i) of the
Edmonds Land Use Guidelines asnow exists, or may be
hereafter amended or .recodified;
6) All structures, fences and. other architectural features
shall be compatibly designed to give the overall development
of the subject property unity and continuity;
7) The maximum building height shall he thirty five (35)
Feet, ani no building shall exceed two stories in height;
8) All buildings and structures shall be subject to
Architectural Design Board (ADB) approval.
C To limit the land uses established on the subject property
to those uses permitted by Section 12.i3.270 of the Edmonds Land
Use Guidelines as now exists or may be hereafter amended or
recodified, and subject to the following:
1) The following uses shall be prohibited:
A) Automotive wrecking;
8) Automotive sales;
C) Car washes;
0) Drive-in Restaurants;
E) Fuel storage yards; -
F) Kennels;
G) Motels;
H) Mobile home parks;
I) Residences, except for a caretaker and/or guard
J) Service Stations.
2) The following uses permitted in the CG zone shall be
limited as follows;
A) Small boat building, repair, and prepar.ation.shail
be limited to boats not exceeding sixty .five (65)feet
in length;
8) Fabrication and sale of metal, wood,: plastic,
,cloth, and similar products of light industry shall
specifically exclude the fabrication of. major
structural steel forms, boiler taking, ;and similar.•
activities involving excessive. noise, or major trucking
in terms of over -standard dimensions per unit.: or
over -standard weight of load,• except for small boats.
8005060 19$
3 VOL 1668 PAGI24.52
D That the northwest portion of the subject property used by
the Burlington Northern Railroad will he fenced off from the
remainder of the,development to eliminate indiscriminant access
across the railrad right of way,
E That all leases .entered into by THE PORT shall be
conditioned .upon the lessee meeting or exceeding the performance
standards established by Section 12.14.050 of the•Edmonds Land
Use Guidelines as now exists or may be hereafter amended or,
recodified, and.not conducting activities in .such a manner as to
become a nuisance to the surrounding neighborhood,
F. That that portion of the subject parcel from the south
property line located within the "Union Oil" marsh to a line
twenty five (25) feet landward from the edge of the marsh should
be zoned "Open Space" to protect the integrity of the marsh, The
remainder of the property should be zoned CG.
G That in order to allow for future expanded access to the
edge of the marsh, THE PORT agrees to construct the following
walkway at such time as THE CITY constructs a connecting walkway
across the marsh from the south;
A walkway.paralleling S.R. 104 from the interior looped
street to the south eastern corner.of the, subject parcel,
and proceeding from there along the edge of the marsh to
intersect with the existing path along the marsh in the
central southern portion of the subject parcel,
2 If consistant with the puhiic health and welfare, THE CITY will
cause the necessary ordinances to be enacted to rezone the subject
property from IP to CG and OS for those uses as defined and permitted by
the Edmonds Land Use Guidelines, and for such uses as are contemplated and
intenders by this agreement and the Attachments
3 Amendments to the development plan (Attachment "A") or this
Agreement may he made by either THE PORT or THE CITY upon application
filed in the same manner as a rezone application. No applications shall
be made by THE PORT or THE CITY or their 'successors or assigns to amend
the underlying zoning of CG and OS for a period of two years from the date
of this Agreement. Thereafter, either THE PORT or its successors or
assigns, or THE CITY may, upon application filed In the same manner as a
rezone application, apply to amend or terminate the provisions and
covenants of the Agreement or. to change the zoning on said property. Said
application to change or terminate the provisions and covenants or to
rezone said property shall be heard in the normal manner at appropriate
public hearings as any . other_ application for a. rezone 'of property in the
City of Edmonds.
4 THE CITY shall be under no obligation to issue THE PORT or its
successors or assigns a building .permit.or other permits or approvals for
improvements or expansions upon any of the subject property of THE PORT
unless such improvements or expansions li.e within the terms hereof and the
applicable `ordinances at the time of an,y'appiication for building permit
or other permits or approvals.
8005.060198.
4 vni G6E3 PAGE 24.53
17,
5 The Edmond's Department of Community. Development is granted
authority .to interpret and apply this agreement. Where there is
uncertainty and/or disagreement concerning any substantive term of this
agreement, including theWtachments,• THE PORT may request that the matter
he put on the next available agenda of City Council for a hearing and
resolution of the disagreement. If THE PORT disagrees with the decision
of City Council, the matter may. he filed in the Snohomish County Superior Court as a'Request for a Declaratory Judgment or other appropriate action.
6 This agreement and each part of it shall be considered covenants
running with the land covered hereby and shall he binding upon the
successors and assigns of THE PORT and THE CITY. It shall be recorded
with the Snohomish County Auditor in the grantor/grantee index with THE
PORT being listed'as grantor and THE CITY as grantee and all costs of such
recordation shall be paid by THE PORT. Such recordation and payment of
said costs shall be a condition precedent to THE PORT exercising any
rights under the terms of the agreement.
•
7 The terms of this agreement may be specifically enforced. If
either party shall bring suit to enforce any of the provisions of this
agreement, the prevailing party may be awarded reasonable attorney fees
and litigation costs in such amount as is set by the court.
IN WITNESS WHEREOF, the parties have executed this contract
this day of (2/-A 'f) , 1980.
THE PORT OF EDMONDS
8y • • '/ 1 r•�.,
PRESIDENT
ATTEST:.
SECRETARY
CITY OF EDMONDS
ATTEST:
4
E MONDS CITY C
8005060, on
5 %it,' 1 PRA pArr 24:54
STATE OF WASHINGTON
ss.
County of Snohomish
'tr
On this day personally appeared before me Harve H. Harrison and
Irene Varney known personally to me as the Mayor and .City Clerk of the
City of Edmonds, Wa. and who acknowledged that they signed the foregoing
instrument as their free and voluntary act and deed for the uses and
purposes therein mentioned.
..,•, ,,�,G.iXen under my hand and official seal thisP
day of /: f ; 1980. .
STATE OF WASHINGTON
ss.
•
NOTARY PUBLIC in and for the
State of Washington,., residing
at , �.
County of Snohomish
On this day personally appeared before me Gordon A. Maxwell and
T. P. Chittenden known personally to me as the President and Secretary
of The Port Commission of The Port of Edmonds, Wa, and who acknowledged that
they signed the foregoing instrument as their free and voluntary act and deed
for the uses and purposes therein mentioned.
Given under my hand and official seal this
0.)
a
�77
, 1980 ,
in and f�l�.tf 0,74,
�gton, r ?Sid71j
V: %, 4'
•�
800506p198
YUL 1688 PAGE 245 .
4 Sec, Cor,
4NOTE:
This is not a survey, it is a parcel map
used for location of property only.
RAM, ✓u/y, '7'3
N.E. Cor. Gov. Lot 3
is.,! 14ri•.•
M S.E. Cor, btrv. Lot 3
p;x : + rr vot ►>_,'1:
a�
1 bt`.
SO 711 UNE OF SECTION 23
semme
°Arrow Ta
• JM-t9
swop
LEASE DE30RI1•TI011-11U11.D1A8 Ii8.3
• That portion of&,Krneut tot 3, Section 23. Township 27
North; Range 9 test. Y.A.• described es follows: [,eras-
ing et the lnter3ettion of the salt;? 11nc of said Section
23, end the easterly right-of-way line of the 8urltngton
northern Refitted; thence along said easter12 right-of-mey
Inn f42f34'3j'E. 616.37 feet; thence 1171.00'00'f, 401.09
feet; thence 537.00,700`t, 260.00 felttt thence 11a6.17'66'E.
70.00 feet; thence 143•12•06.C, 120.00 feet; thence
59842'06'E. 265.36rfeet- thence 11-0•S1'06'Y, 17:72 feet
to the True ?plat of Beginning- thence 114311'06'R. 109.90
feet; thence I06'08f54'E• 110.00 fait; thence 543'6109"E.
8.00 feet; ;belief N96'88'54'E, 65.09 feet; thence
543'11'06'E, 59.15 feet; thence.SDBSl'06'E, 20.00 feet;
thence 501'08.54'1..125.41 feet to a point of curve to
U., right hawing a i.dtus of 50.00 feet; thence South-
westerly along the ere of said Curet through s central
angle of 90'09'90'1a0 arc distance of 78.67 feet; thence
1188'42'06'0 84.60 feet to the True tolnt of Deglnning.
(contelntng to *repel' 2166S sgaere feet or 0.70j acres.) 9.11'
R'00' Situate In Snohomish County, Vashingten
gn•a•.ao
eT3a.11.
L•tot0
rJ T
•
CERTII'ICATP20
[ hereby certify that .the nap hereon is • true and correct
copy of the surrey, and that the dOrensl9ns and leatlon
of the building chows thereon are tar nett tht! there Oil MN
•ncroapll1fnta 8r overlaps Bate t as altorn,'and that the
batlding 1s wholly within the lines of said property
according to measurements made January 27. 1983. In con-
formity with the standards covering registration.
Professional Land Surveyor
Certificate Mo. 1892
Pete
I.. ... Z-'r. _ --
•
•
•
ATA SURVEY FOR
HOVpIE ,t, d>l?nr LlM
1H. Gov't L 3f SEC. 23, T1M1= 2? M.. RN47: 3 6-, :Kitt.
CITY OF EDMONDS. SNOHOMISH COW TY. MASHINGTON
•
Reid. Middleton 6 Assodotes. lnc
Englfieets 1 Somyvts • Flannels
121 8dt Ave. H.. Sou 200, Edmonds. WA 96820
Mr+ Irmso•c
1193/111 44 as1" ■ so.
02-82-107.009
Development
y • " .
•
HARBOR.SQUARE
A Business Park by the Pori of Edmonds
Plan
•
S.R.
104
I
•
EXHIBIT A
ADDENDUM TO CONTRACT REZONE
WHEREAS, a document entitled "Agreement in Covenant Constitution a Contract
Rezone" was approved by the City of Edmonds pursuant to File No. R 4-69; and
WHEREAS, the City of Edmonds, on the application of the property owner and
following the process established by state law and City ordinance for the amendment of contract
rezones, has an approved amendment of said contract rezone, NOW, THEREFORE,
This Addendum is entered into by the City of Edmonds, Washington (hereinafter "City")
and Port of Edmonds, (hereinafter "Owner") under the terms and conditions set forth herein.
1. This Addendum is an amendment of a document entitled "Agreement and
Covenant Constituting a Contract Rezone" recorded in the land records of Snohomish County,
Washington, as Document No. 8005060198 and recorded at Book 1668, Page 2451 of said
records. Said underlying agreement is hereby amended in, but only in,the following respects,
to -wit: By the repeal of Condition paragraph B.7 and the insertion in its place of a new
paragraph B.7 reading as follows:
The maximum building height shall be thirty-five (35) feet;
In all other respects the underlying agreement remains in full force and effect, except as
specifically amended herein.
DONE THIS 30 day of Ai I V 6 , 1998.
CITY OF EDMONDS
By:
ATTEST/AUTHENTICATED:
By: 44... td'
Sandra S. Chase, City Clerk
Mayor Barbara S. Fahey