Ordinance 2168WDT/trs
10/27/80
ORDINANCE NO. 2168
AN ORDINANCE OF THE CITY OF EDMONDS, WASH-
INGTON, AMENDING THE OFFICIAL ZONING MAP
OF THE CITY OF EDMONDS, WASHINGTON, BY
CHANGING THE ZONING CLASSIFICATION OF CER-
TAIN PROPERTY LOCATED WITHIN SAID CITY FROM
MULTIPLE -FAMILY, HIGH -DENSITY (RMH) TO COM-
MUNITY BUSINESS (BC), AND AUTHORIZING THE
EXECUTION OF AN AGREEMENT AND COVENANTS,
PURSUANT TO PLANNING COMMISSION RESOLUTION
NO. 662 .
WHEREAS, the Edmonds Planning Commission has held
a public hearing and has forwarded its recommendations to
the City Council, 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 determined the
following:
1. That the findings of fact and conclusions of
the Planning Commission contained in Planning Commission
Resolution No. 662 are correct and the same are hereby
adopted by the City Council and incorporated by this refer-
ence as if set forth in full.
2. That the proposed rezone, as limited by the
concomitant zoning agreement tendered to the City by the
owners of several parcels, will allow development which is
compatible with adjoining uses and is appropriate for the
area.
3. The proposed zoning change, as limited by the
concomitant zoning agreement, bears a reasonable relation-
ship to the zoning and uses of the surrounding and nearby
properties and will not be detrimental to adjoining proper-
ties or uses.
4. That in accordance with the findings of the
City's responsible official, there will be no significant
adverse environmental impacts, 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, is hereby amended by changing the
zoning classification of the following described parcel of
property situate in the City of Edmonds, Washington, from
Multiple -Family, High -Density (RMH) to Community Business
(BC). The legal description of the property is Lots 37, 38,
39 and 40 of Block 98, Plat of the City of Edmonds, according
to plat thereof recorded in Volume 2 of Plats, pages 38 and
39, Records of Snohomish County, Washington.
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 Constituting a Contract
Rezone" consisting of
six typewritten pages which was
executed by the owners of Lots 37, 38 and 40 on the third
day of November , 1980, and tendered to the City. The
City Clerk is further directed to record the document with
the Snohomish County Auditor as a covenant running with the
land. All costs of recording shall be paid by the owner.
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/AUTI-IENTICATED:
7)us-,?-aA-L.)
CITY CLERK, IREI VARNEY MORAN
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
BY ! &,Gre,„ Ct
FILED WITH THE CITY CL RK:
PASSED BY THE CITY CO NCIL:
POSTED: November 5, 1980
EFFECTIVE DATE: November 10,
October 27, 1980
November 4, 1980
1980
0
STATE OF WASHINGTON
COUNTY OF SNOHOMISH
AFFIDAVIT OF POSTING ORDINANCE
ss:
IRENE VARNEY MORAN
on oath deposes and says that she
years and is competent to testify as
There is no official newspaper
published within the City. In accordance
the 5th day of November , 19 80,
correct copies of the attached Ordinance No. 2168 ►
City
, being first duly sworn
is over the age of eighteen (18)
to the matter stated herein.
or other newspaper printed and
with RCW 35A.12.160, on
affiant posted true and
passed by the
Council on the
4th dayof November , 19 g0, 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 5th day of November , 19 80.
SUBSCRIBED AND SWORN to before me this 6- day of
. 19
Nb'tar4 Public in and for the
State �f��ngt�� siding
at
cIT CAE,
Civic ...:'n;er
tdmonds, 1V,; t,;,, ,1,•�
M AGREEMENT AND COVENANTS CONSTITUTING
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r-t O STOLE and LAURENCE G. HARRIS and CAROLVNNE R. HARRIS, henea(-ek ne{ejviced
00 to az "Ownen0," and the CITY OF EDMONDS, WASHINGTON, henea(en Ae{ee zxed
A CONTRACT REZONE
Richard R. Greiner, individually,
and Richard R. Greiner as Personal Repre-
sentative of the Estate of A.L. Greiner,and
THIS AGREEMENT is made .h,us date be.tween/HAGSART STOLE and ALICE
to az "City."
"
WHEREAS, the Owner ace ownenz of ce'L- aLn pnopekty £oeated in the
City of) Edmo nd's and mon.e pakticutakty de s cn,Lb ed ass set 4 on th hen.e,i.n,
and
WHEREAS, Owner have appeied fon a change in the zoning ctazzi4 cation
o(; the pn.openty /n.om Mut Lp.ee-Eamity, High-Den-s.i ty (RMH) to Community
Ruziners (BC), and
WHEREAS, the City has caused the app! e t tLon in .ts entin.ety to be
n,ev.L wed by ,its P.e.annLng and Engineering Departments and P&Lnning
CommL6&Lon and has 404 eonz..dened theit necommendat on made ab en. zilch
n.ev. iew and the neeommendatiows which the City (- nd4 to be appi o ptu:ate
are .set f on th he'te..Ln, and
WHEREAS, the Owners cute wiXting to imp.P_ement the (aftowLng eondi iovi
.Ln the comae of the ptopo4ed deveP_opment and have .tenden.ed .hips con Tact to
the City, now, .hen.e{one,
IN CONSIDERATION o{ the City n.ectazz-%(ing the property dense t bed
VOL 1683 PAGEIG26
8011070223
CITY CLERK
Civic Center
Edmonds, Wazi,inpton
hene.in (lnom RMH to 13C, and On 40 tong az the pnopenty remain..6o
cta4i.i6ed, Owners covenant and agree az O.22ow.6:
1. Owner axe ownenz o4 that centa,in pa/met o teat pnopee ty heneagen
nebenned to az "4ubject pxopenty," z.ituate .in the City oU Edmondh,
(Ua.h.ington, and £egatty dach,ibed ass Lott 37, 38, and 40, 8foca 98,
City o U Edmo ndt , (Uad h.ingtan, according to the peat theneo U recorded
-1n Vof_wne 2 OU pPat6, pages 38 and 39, record6 Snohom.ioh County,
Wa3 h.i ngton.
2. Notwithstanding any °then pnov.us.ion4 04 the Edmonds City Code, az
now or may herea{iten be amended on necad Jed, the Owners agree to
Limit the u.5e oU the above dac'..Lbed property to neta.ie 4t0ne4, bws.invz
and/on pno4ez4.Lonal o.6{.ice. and 4env,ice uzez, and/on neziden.t.Lat,
.inCP_uding z ngP e bamL y. Spec.%4.icatty excluded axe intense u s ens
such ass automobile. 4alez and 4env,ice, heavy equipment 4a e..6 and .ew.iee,
food 4a2e. (or on-4.ite consumption, tavern, theatre, bow .ng attey, drive -.in
business, commercial path ing tot, and ttaitek .6C e4 .
3. IU eompatib.ee with the pubic health, 4a4ety, and geneta.2 we24ane, the
City wiEt cause the neeez4any ondLnance to be enacted to rezone subject
pnaperty 6nom RMH to BC.
4. Amendments to th,(:z agreement may be made by the Owne'a on the City
upon application {,Led .in the .same manner az a rezone application;
pnov,ided, haweveL, no application 'skate_ be made by the Owners on the
City to amend th.iz agreement 4on a pen Lod oU two (2) year brom the date
VOL 1683 pAGE1627
801107n723
CITY CLERK
Civic Center
Edmonds, Washington
06 thiz agreement. Theneagen, e.ithen the Owners on the City may, upon
app.P i..cat o n, app P. y to amend on ienm,i-ncc -e the pno v.L&Lo n. and co v enan tz o U
thv� agreement on to change the zoning on the 4ubject property on any
portion theneo { . Said appt i,ca ti on to change on tehminate th.iz agreement
on to rezone the 4u.bJect property Zha t be heard in the nonmae manner at
appnopniate pub. -Li hecvtLngz az any othen. appticatLon bon a rezone oU
pnopenty n the City 06 Edmonds.
5. The City .shaft be under no obtiga ion to izzue to Ownenz on thew zucce6/on-s
on a3&ign" buLPdLng pen.mitz, occupancy pe./um t4, use permits on other
penmi s on appnova 6 bon .Lmpnovement3 on on uze 06 the zubjeet property
untezz zueh impnovement2S on uhez tie within the to mz oU thLs agreement
and the app! L iabA e City ondinancez at the time 06 any appt ccti.o n {ion
Isuch penm.it on appnovat.
G. Thus agreement, and each pant 06 it, zhcc Pt be eons,.dened a covenant
nunn%nq with the &tnd covered hereby and zhatt be binding upon the
Owner, then zuccezzonz and asz-L n2, and the City. Th,iz aggneement
zhaP..P be neeorded with the Snohom.ush County Auditor in the Gnanton/Grantee
Index, with the Owner being .P_,i ted as Gnantonz and the City az Grantee.
A.Pt'eortz 06 zuch necondatLon 4ha2t be paid by Owners. Such recordation
and payment o{; cottz zhatt be a condition precedent to the Ownenis
exenciz ing any nights under the tenm6 oU thi.z agreement.
7. The tenm4 06 agreement may be ispee i.{,,ieaiy en6oneed by the City.
16 e-ithen patty bn i.ng6 ou.i t to en6once any 06 the prov.vs,ions 06 th iz
agreement, the pnevaiting panty zhatt. be awarded neazonab.ee attonney'z
8011070223
'VOL 1183PAGE 1628
CF1T CLERK
bees and Ut,I.gation co4t3 in itch amount3 az an.e aet by the Cowct.
Dated thLs
<A.
day o,l ,AJ, vP gF, 19 S0
CI ARD R. REINE�R, in- GUNNERS:
vidually £ot4 37 g 38 Back 98
RCHARD R. GRETNER1 AS Personal
Representative of the Estate of
A. L. Greiner, deceased,
tots 40 - b!ocfa 98
City o l Edmond6
ATTEST/AUTHENTICATED:
CIT 1 i K;. EN& /'RNEV MORAN
ST. ` \Gf UNASMN ON
COUNT': OY
On th.iz day penzonaty appeared bebone me HAGBART STOLE and ALICE STOLE and
to me known to be the .LndLv.idua-6
de4efc,i.bed in and who executed the within and bonego Lng inztnwnent, and
acknoweedged that they 'signed the Game az the.vt bnee and voIuwtany act and
deed ion the ub eis and punpoz ens the/Lein mentioned.
Mayo'r., H.N. Hav iron
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GIVEN under my hand and o b Aie i.at z eat thLs ' T day o 6 % 4119 8 0 .
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STATE OF WASHINGTON,
County of YAKIMA
CITY. CLERK
I) 'Civic C'ntsr
sS. Edm.c.,•
ti
On this day personally appeared before me RI CHARD R. GREINE R ,
individually, and
as Personal Representative of the Estate of A. L. Greiner, deceased,
to me known to be the individual_ described in and who executed the within and fore
acknowledged to me that he signed the same as his free and va
the purposes therein mentioned. and as- Personal Representativ
the Estate of A. L. Greiner, deceased.
Given under my hand and offs a ,,Teal Iki' d 1St
80110702 23
Notary Public in and for the State of Washington, residing at
ns.lPdttil'diegrld
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TL-34 1/66 Security Title Insurance Company of Washington —ACKNOWLEDGMENT — ORDINA
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6eez and titiciation cot 4 in 6tich amouut6 as cote bed by the Count.
Dated thiz .3„.,1 day c
ATTEST/AUTHENTICATED:
19 ,
OWNERS:
tot4 37 6 38 - 98
totz 40 - bock 98
adde,yz_e_ocel.
• iDLERTIRENe.,VONEY MORAN
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y o Edniond.s
Mayot, H.H. HaA4,I2on
Adeline M. Bishop and Gloria J. Douglass
On thiA day pekAonatty appeaked belione A14.GE STO-LE and
LAURENCE G. HARRIS and CAROLYNNE R. HARRIS, to me 1znown :to be tte
dezekibed in and who executed the witUn and Oicegoing inztAument, and
acknowtedqed that they signed the Aame aA the,ik 6kee and votuntuiLy act (kid
deed PPt the (toe's and putpoAeA thekein mentioned.
e4i0tN undek my hand and o zeat th-bsY,..,./ day 0
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/ NOTARY PUBL1C in and k!!. the
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0110702 23
VOL 16'83 PAGE1631