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Ordinance 1367.• • r r * r :r N i r r • e r ► r r r ..WON by the City Council in accordance with an appeal from Plan- ning Commission solution No. 248, and said City Council having determined that the applied for zoning would be the most consistent and advantageous for the development 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 COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, Section official zoning map, Edmonds,Washington, be and - same is herebyamended by changing the zoning classi- Re- sidential *ti Density (RM10, all situate in the City of Edmonds, +unty of Snohomish, Stateof + ■ That portion of and . _ _ Five Acre Tracts, according to the plat thereof recorded in Volume 5 of Plats, on page 48, records of Snohomish County, Washington, described as follows: Commencing at the Southwest corner of said Tract 3, thence S 88*2611811 E. • •: the Southof r' 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*2611811 E. along the South line of ^. ■ Tract 3, a distance of 251.29feet to the Southeast corner of said Tract 3; thence N 004515011 E. along the East line of said Tract 3, 186.50 •m the Northeast corner N 0045'50" 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 88029156" 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 OP45150" along the East line of said Tract 3, a distance of 10.00 feet; thence N 88029156" W. parallel to the North line of said Tract-3, a dis- tance of 201.64 feet; thence S 0043"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 31 thence N 88028'07" W. parallel to said South line 50.00 feet; -thence S 0043157" 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 Doces (owner) to said City and the City Clerk is authorized to attest to said execution. ATTEST: CITY CLERK / PASSED BY THE CITY COUNCIL: May 21, 1968 FILED WITH THE CITY CLERK: May 21, 1968 PUBLISHED: May 29, 1968 y 4 C col� NAM m ti � D ., ... _ _ . c ... L!; ;. �� ,.a f�;.'z. P,:,.i�r R"ro Rp °" .'.. ,.r, �, .ivy'•':;_ °,.::`a: �. "6 n (he re1n called Edmonds (1) Paces is engaged in Me or YT"M pt'oGF: Y."%y .t'„"t Edmonds, including the rY r..r7..4') f "y'; the .)cop r y:ow— chat portion of Tracts 3 and. ! LAKE 1"1^F LEE.. FIVE ACRE TRACTS, according t•ri, t...e_ la—c thereof recorded in Volume v of Flats, on 1' _," 42records of Snohomish County, Washington, 6esc n-.1 as follows: Commencing at the Southwest cor ar° of said Tract 3; thence S 88 %26' 1.8"E, along the South line o , said Tract 3, a distance of 80,00 feet to the _.rue Point of Beginning of nw tract of anal' herein described; thence ccuit.inuing S 88 E' E. along the South line o.: said rac` v a ._;_stance .7f 251.29 .feet to the Southeast corner of said 1"Y Tract 3; thence �J 45'50 C"� "E. l.onk-y-r the -rasr line of said Tract 3. a distance of 457.63 Cent to ai c� �& r.�acy ql ��4 IpEy5r1 feet t: C'C.`.fn $"".C? ,_$: `t :._... point ,, corner thereof; thence 13 M29 156B E, parallel to the north line of said Tract 4, a distance. of 80„00 feet, thence N 0%445'50''E, parallel tp the West line of Tract 4 s a distance of 186.50 feet to the North :Line of above said Tract 4; thence N 88%29'55"W, along the North sine of said Tract 4, a distance of 80.00 feet to the Northeast � corner of above said Tract 3s thence S 0%45'50'tI along the East line of said Tract 3, a distance of 10„00 feet; thence N 88%29'S6''W, parallel to, TAX the North Line of said Tract 3,' a distance of t 201.64 feet; thence 5 0%43 57 Y., parallel to the °u 1nst line of,above said Tract 3, a distance, of 1,76,96 feet to a point 135.00 feet north of the �., r^, f south line of the North one-half of said Tract 3, w " � thence N 88%28'07"W, parallel to said sc-,,ith line, ©"' feet" thence. S tt a "W t it `r., �7 L'S�..'S the 50.00 ..g 3 eY, parallel .r. West line of said Tract 3, a distance of U56. J 4 f ,et to the True Point of Beginning. 12) Doce .s has applied for a i::ning reclassification of the property; at present portions of the property are zoned C , !',:.t:'..,, Rp and °:S 8000; Dotes seeks to have Hai entire property zoned R t;Y to permit construction of apartment bu.i idin s thereon. (3) The Edmonds City Covnc' 1. approved :such renon:i.ni- r:3.n).Y.C.+"'alien with the t:etrm.n of this r",oY'7':ract to he considered a OFFICIAL RECORDS 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 RM111 and are intended to be 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 forso long as the property remains so classi- fied, Doces covenants as follows: (a) To assist in the paving and other improve- ments of 240thoStreet 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 aaree 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 216PACs61 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 RMII. (e) The area designated "recreational area" on exhibit one will now be located in the central area as shown on the plot plan. y IN WITNESS WHEREOF the parties have executed this contract this 24 day of may 1968. O. John Doces Owner City of Edmonds d By s,r Its MAYOR r ATTEST + *" N City Cierk c3 APPROVED AS TO FORM: cc Cn J - V Czi rmc. Mtir_I>)iy, City At 1co a µ OFFICIAL RECORDS F