Ordinance 2168' WDT/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.
0
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
-2-
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:
ATTEST/AUTHENTICATED:
CITY CLERK, IRE4 VARNEY MORAN
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
BY i 4�iw., 6
FILED WITH THE CITY CL RK: October 27, 1980
PASSED BY THE CITY CO NCIL: November 4, 1980
POSTED: November 5, 1980
EFFECTIVE DATE: November 10, 1980
-3-
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.
There is no official newspaper or other newspaper printed and
published within the City. In accoraance wlui JJ—-. -. - - --
the 5th day of November , 1980, affiant posted true and
correct copies of the attached Ordinance No. 2168 ► passed by the
4th da
City Council on the Y of November 19 80, 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 , 1980.
SUBSCRIBED AND SWORN to before me this day of
19
N tar Public in and for the
State nt.z��ngt�� siding
at
M
M AGREEMENT AND COVENANTS CONSTITUTING
N
N A CONTRACT REZONE
O Richard R. Greiner, individually,
and Richard R. Greiner as Personal Repre-
sentative of the Estate of A.L. Greiner,and
rD THIS AGREEMENT L6 made thus date between/HAGSART STOLE and ALICE
r--t STOLE and LAURENCE G. HARRIS and CAROLYNNE R. HARRIS, hetea�teA te6eAAed
O
00 to as "Ownex6," and the CITY OF EDMONDS, WASHINGTON, henea6ten te{etuc.ed
to " "City."
WHEREAS, the Owneu ante ownu&6 o4 ce'Ltain ptopetrty toeated in the
City o�) Edmonds and mote paAti.c0axty de�scAibed ass set 4otth herein,
and
WHEREAS, Owneu have app.P_ied fott a change in the zoning ctas�si6icati.on
of the ptopenty /jum MuP_ti.pte-Eamity, High -Density (RMH) to Community
Ru6inms (8C) , and
WHEREAS, the City haz caused the app.t icati.on in its entiAety to be
reviewed by it6 Ptann i.ng and EngineeA ng Depahttments and its PR-anning
Commizzion and hays 4u l y eonzidened their tecommendation made abten. zueh
review and the neeommendat ows which the City binds to be apptopt late
ane set f otth heAein, and
WHEREAS, the Owne z cute wiTt i.ng to ,impP_ement the 6oteowing conditions
in the eomz e o �, the pto po s ed dev eP_opment and have tenden.ed th is eonttaet to
the City, now, thete�ote,
IN CONSIDERATION o{ the City tectassi()ying the ptopeAty deg cti-bed
VOL PAGES �tiU
8011070223
CITY CLERK
Civic Center
Edmonds, Wa--hinMon
hexei.n from RMH to BC, and fIor so .tong as the pxopenty remains so
cta,sz.iUed, Ownetus covenant and agree " {o.tows:
1. Owneu axe ownw o 6 that certain paxce2 o 6 teat pro peAty hexea6teA
rebexxed to az ",subject property, " .6 tuate .in the City o U Edmonds,
W"h.ington, and tegaUy de�scA bed " Lots 37, 39, and 40, Mock 98,
City o U Edmo ndz , Wa6 h.ington, according to the plat the &eo U recorded
to Vof-ume 2 oU ptat6, pages 38 and 39, tcecotcd6 o4 Snohomizh County,
W"h,ington.
2. Notwithstanding any otheA proviz ions oU the Edmonds City Code, a,6
now or may hetea{ter be amended on recod.i{lied, the Owners agree to
tunic the u6e oU the above described pupenty to retaie ztore3, bus.inuz
and/or pro4u,s onct o�4 ices and zexvice uzu, and/or res.identiae,
,ing-uding s ingte bamUy. Speci%j ica ty exctuded are .intent e ups es
.such ass automobite zatez and .6exvice, heavy equipment tsa u and .sexv,ice,
food za2es (or on -,site consumption, tavern, theatre, bowP,ing alley, drive -.in
bus,ine/s,s, commeAc.ia . pa t k i,ng .dot, and t a t ex sates.
3. 1U eompatibte with the public health, zaUety, and geneAa.2 wet6oAe, the
City wit cause the necrosaxy ordinance to be enacted to rezone subject
pxopmty 6xom RMH to BC.
4. Amendments to this agreement may be made by the OwneAz or the City
upon application 4ited .in the same manner a,6 a rezone appeicat-ion;
provided, howeveA, no appticati,on zha.0 be made by the Owner or the
City to amend this agreement Uor a peh iod o U two (2) yewt.6 brom the date
VOL 1689 PAU-462
801107n.?23
CITY CLERK
• ' Civic Center
Edmonds, WD"hingfon
o� thiz agreement. ThexeaUteA, e.i theA the Owners oA the City may, upon
appt i.cat o n, appt y to amend on tenm.i-na to the pno vizio" and co v enawt s o U
tw agn.eement oA to change the zoning on the subject pr.opeAty oA any
pont%on theAeo, . Said appti,cation to change oA teAm.i,nate this agxeement
oA to rezone the subject pr.openty 6ha t be heard in the noAma2 mannex at
appn.opAiate pubtic heaA,i.ngs as any otheA apptica ion 4oA a rezone oU
pno peaty in the City o�) Edmonds.
5. The City ,sha.� be undex no obti.ga ion to issue to Owners oA their successors
or. ",6igns buitdi,nq penm,lts, occupancy peAmits, use peAmi;t,s on otheA
Ovwa,,s oA appr.ovaP.s ion .i.mpr.ovements on oA use o{ the subject pAopeAty
un.P..e,&s such improvements on uses Zi.e within the teams oU thi,s agreement
and the appficabAe City oxd nance6 at the time o4 any appticati.on 4oA
such peAmi t on apptovat.
G. This agreement, and each pant of .it, shaYl be eon�sidexed a covenant
r.unninq with the ta.nd eoveAed hereby and shot be binding upon the
Owners, theix successors and auigns, and the City. This agreement
,shaft be recorded with the Snohomish County AuditoA in the GAantoA/GAantee
Index, with the Owneu being .P_ i,sted as GAantou and the City as GAantee.
Aff, eo�stis o� such Aecordati,on sha2? be paid by Owners. Such Aeeardat%on
and payment o{, costs sha — be a condition precedent to the Owners
exeAct,sing any nights under the teams oU this agreement.
7. The teams q this agreement may be sped. )ica ty en6oreed by the City.
I{ eltheA palmy bni.ngs suit to en�mce any oA the pAovizio" o� this
agAeement, the pxevai?ing panty sha.l be awarded tea,sonabZe attorneys
8011070 2 2
beep and titi.gati..on co�st3 in such amounts ah cute aet by the Cou- t.
this day o b /V P v F, 19 So .
R CHARD R. RREIN. R, in- OWNERS:
d' vid(ually i .tots 37 S 38 B.E'ock 98 ti
RTCHARD R. GREINER, AS Personal
Representative of the Estate of
A. L. Greiner, deceased,
.20;t�s 40 - bY-ock 98
t —+
MayoA, H. H. HaAA"on
cn
7
zz
ATTEST/AUTHENTICATED:
♦ . ,r b.
aFa �
i
Cf
CTT RNEy MURAN Z
ST 4 WAMNGTON0G� o
� N
COUNT',
On thus day peAzonaUy appeared beboAe me HAGBART STOLE and ALICE STOLE and
to me known to be the indi vidua z
deg cti.bed in and who executed the within and boAegoing instAu.ment, and
ac nowP_edged that they signed the same as their 4Aee and votuntaAy act and
deed �oA the uses and punpos e/s the Lein mentioned.
GI VEN under. my hand and o b ��ii.at s eat thus' T day o 6. 9 8 0.
C T
8011070 2
OTA y PUBLIC in and bon the
State o 6 W" hi.ngton, AMiding
at
VOL 1683 PAGEi623
tr7
f.
CIP( ('L--*RK
STATE OF WASHINGTON,
'Civic CenY3r
YAKI MA ss.
Eamt a,i . '!'i.: Itlil:;
SECURITY
TITLE
County of
On this day personally appeared before me RICHARD R.
GREINER, 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' n +�rd�t ct�'nieq %tld
acknowledged to me that he signed the same as his free and va o-, -aet' nd deed
the purposes therein mentioned. and as Personal RepreSeritativ3 Estate. 10f
;`".+
the Estate of A. L. Greiner, deceased.
Given under my hand and o//i d sre l zs 31st ' t'o•r 6(!f I. �9L` .
8011070223
Notary Public in and for the State of Washington, residing at YaLz1MCI
TL-34 1/66 Security Title Insurance Company of Washington — ACKNOWLEDGMENT — ORDINA M� i��3� e4.cF f63
bees and fitiqativK costs in such amotiat6 as cute set by .the Cotvi-t.
)ated thus—_,_ day 0
OWNERS:
tot,5 37 6 38 - Block 98
tots 40 - block 98
17
ATTEST/AUTHENTICATED:
Mayon, H.H. Havti,6on
I ' TPEM�v�ANEY bfORAN
M ERK*
-1
15 1 N (770�
CO
Adeline M. Bishop and Gloria J. Douglass
On this day peuonatty appeoAed be.6one as,d
LAURENCE G. HARRIS and CAROLYNNE R. HARRIS, to mn. `znown to be t,e
dumibed in and who executed the wit[Lin and 6o-tegoinq iY11,StlLLUnemt,
acknowtedqed that they signed the same as theiA 6&ee and voEuyi,-Ut,tg c.;,id
deed !o)t the o,5ez and rutpo,5,&s theAein mentioned.
C OtN unde,,L my hand ai,id o ciae sent thi,-s lay ,
C rU B I C n t k,,
46,
State 0,J W(I'Sh1not.,
Z
ISM 110 7 0? 2 3
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