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Ordinance 1367CE NO. /31% AN •• •INANCE OF THE CITY OF EDM+r. rMS r;:. ING OFFICIAL ZONING MAP, EDM , WASHINGTON, BY C GING ZONING CLASSIFICATION OF CERTAIN PROPERTY TO IPLERESIDENTIAL DENSITY ( m;) * AUTHORIZING THE MAYOR TO UTE A C� T RELATING THERETO. --, rsuant to public hearing having been called by the City Council in accordance with an appeal fr Plan- ning C.a ,.ssion Resolution No. 248, and said City Council having dete ned that the applied for zoning would be the m«-t consistent and advantageous for the develo nt and appropriate use of said property and for the health, safety, morals and general welfare of the public, provided that the applicant satisfy certain deficiencies by contract; now, therefore, THE CITY C IL OF THE CITY OF E O r, WASHINGTON, DO ♦+* r IN AS FOLLOWS: Section 1. The Official Zoning Map, Edmonds, Washington, be and the sahereby a nded by changing the zoning classi- fication of the following described property to Multiple Re- sidential a Density (RNa), all situate in the City of Edmonds, County of Snoh«. _,.sh, State of Washington: That portion of Tracts 3 and 4, Lake McAleer Five Acre Tracts, according to the plat thereof recorded in Volute 5 of Plats, on page 48, records of Snohomish County, Washington, described as follows: C af ,-ncing at the Southwest corner of said Tract 3, thence S 88°26'18" 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 fr. r, the Northeast corner thereof; thence S 88°29156" E. parallel to the north line of said Tract 4, a distance of 80.00 feet; thence N 0°45'50° 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 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 045'50" 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 dis- tance of 201.64 feet; thence S 0°43"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 0°43'57" W. parallel with the West line of said Tract 3, a distance of 456.84 feet to the True Point of Beginning. Section 2. The City Engineers are hereby directed to effectuate the necessary amendments to the official Zoning Map of Edmonds, Washington, pursuant to this Ordinance. Section 3. The Mayor of this City is hereby authorized to execute that Contract proferred by G. John Daces (Owner) to said City and the City Clerk is authorized to attest to said execution. APPROVED: ATTEST: CITY CLERK PASSED BY THE CITY COUNCIL: May 21, 1968 FILED WITH THE CITY CLERK: May 21, 1968 PUBLISHED: May 29, 1968 Cid, 'nod:, TETTE. IS AN Adnlnii3.1DT beogrto eohn Enonn (heroin called. Daces) and. the. City of Edmenns. a mnnicicrdi iorporation, (herein called. Edmonds): ReciTaid. (1) Doces is engaged in the. denelorment of rnol property in Edmonds, including the following Cherrieioicalled the pron,,itit'd'Y'P: am_ES TAX UR 2 9 laal IZz,„;;;A;n1 That portion of Tracts 3 and 1;„. LAKE McALLER FIVE ACRE TRACTS, according to tne plat thereof corded in Volume 5 of Flats, on Page 4.2, records of Snohomish County, Washington, descrnal as follows: Commencing at the SouthNest corner of said Tract 3; thence S 88$26'18"E, along the South line or said Tract 3, a distance of 80.00 Fe.' tnthe True Po;_nt of Beginning or the i:nact of ;Lan] herein described; thence continuing S 88%26'1R"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 lime of said Tract 3, a rlistadce of 457.63 Cept to a point S 04650"W, 186.50 feet tram. the corner thereof; thence S 88%2V56E, paral2ei to the north line of said Tract 4, a distance of 80.30 feet; thence N 0%45'50"E, parallel to the West line of Tract 4, a distance of 185.50 feet to the North line of above said Tract 4; thence N 88%2956"2, 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 Ot45'50"W, along the East line of said Tract 3, a distance of 10.00 feet; thence N 88%29156"W, parallel to the North line of said Tract 3, a distance of 201.64 feet; thence S 0%43'57"W, parallel to the Vest 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%2807"W, parallel to said scilth line, 50,00 feet; thence.S 09643'57"W, parallel Nith the West line of said Tract 3, a distance of 455.p4 .feet to the True Point of Beginning. (2) Daces has applied for a zoning reclassification of t0 property; at present portions of the property are zoned CG, P.M RD and RS 2300; Doces seeks to have the entire property zonedU 1 o permit construction of apartment buildings thereon. (3) The Edmonds City Council approved Lich renohin appileatich with the terms of this contrict to he considered a • OFFICIAL RECORDS OL 21 ACE part of that approval. (4) Doces has offered to tender Edmonds this contract respecting the development of the property; the covenants of this contract are intended to constitute a basis for rezoning the property to RMH and are intended to he in effect from the effective date of such rezoning. Covenants (1) This contract is tendered to Edmonds by. Doces. Both parties agree that it is applicable to the parties' heirs, successors and assigns both as to duties and benefits. (2) This contract shall be specifically enforceable. Further, Edmonds shall be under no obligation to issue Doces a building permit for improvement of the property unless such improvements comply with the terms hereof and applicable ordinances at the time of any permit application and Doces is not otherwise in default of this contract. The contract is deemed by the parties to be a covenant running with the land and may be recorded by either party. (3) In consideration of Edmonds reclassifying the property RMH, and for so long as the property remains so classi- fied, Doces covenants as follows: (a) To assist in the paving and other improve- ments of 240th,Street Southwest and 242nd Street Southwest by signing any petitions for.formation of Local Improvement Districts for that purpose or, in the event of formation by resolution, by forbearing to protest such formation. The parties agree that in the event of formation of one or more L.I.D.'s the assessments levied against the property or any of it shall conform to applicable statutes and all remedies are reserved to Doces to object to the OFFICIAL RECORDS VOL 216 PACE 61 propriety of specific assessments. (b) To forbear from building buildings upon the property except in substantial accord with the form, design and site plan set forth in exhibit one attached hereto and made a part hereof by this reference. Doces reserves the right to make minor revisions in final plans to meet requirements of mortgage financing. (c) In no event to construct buildings or structures (other than fences, walls, bulkheads or other structures less than six feet high) within twenty-five feet of the east property lines of the described property. (d) Edmonds will cause the necessary ordinances to be enacted to rezone the described property to RMH. (e) The area designated "recreational area" on exhibit one will now be located in the central area as shown on the plot plan. IN WITNESS WHEREOF the parties have executed this contract this 241' day of May , 1968. City Clerk APPROVED AS TO FORM: Niirphy, Cat.. G. John Doces "(Ow City of Edmonds By: Its v ('J cc At'to 'ncy©a, -3- MAYOR OFFICIAL RECORDS vOL 216 'ACE 62