Ordinance 26890006.150.004B
WSS/jib
11/8/88
ORDINANCE NO. 2689
AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON,
AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF
EDMONDS TO CHANGE THE ZONING DESIGNATION ON
CERTAIN REAL PROPERTY COMMONLY KNOWN AS THE
LANDAU REZONE, NO. R-4-88, FROM RS-8 (SINGLE
FAMILY) TO BN (NEIGHBORHOOD COMMERCIAL);
AUTHORIZING EXECUTION OF A CONCOMITANT ZONING
AGREEMENT AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the Planning Board at a public hearing,
considered the following amendments to the Official Zoning Map
and made their findings and recommendations which were forwarded
to the City Council, and
WHEREAS, the City Council after a public hearing
reviewed the recommendations of the Planning Board and determined
that the proposed amendment and agreement should be approved and
adopting, the Findings and Conclusions of its Planning Board.
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, as adopted by Section 17.00.010 of the Edmonds Community
Development Code is hereby amended by changing the zoning classi-
fication of certain property hereinafter described from RS-8
(single family residential) to BN (neighborhood commercial),
subject to the Concomitant Zoning Agreement, Exhibit A executed
and recorded as provided herein. The legal description of the
WSS509860 -1-
property rezoned is set forth in Exhibit B, attached hereto and
incorporated herein by this reference as if set forth in full.
Section 2. The Planning Director is hereby instructed
to effectuate the necessary amendments to the Official Zoning Map
of the City of Edmonds pursuant to this ordinance.
Section 3. The Mayor is hereby authorized to execute
and the City Clerk to attest to that certain document entitled
"Agreement and Convenants", attached hereto as Exhibit A and
incorporated herein by this reference as if set forth in full.
The City Clerk is further directed to record said Concomitant
Zoning Agreement with the Snohomish County Auditor as a covenant
running with the land. The cost of said recordation shall be
paid by the owners.
Section 4. This ordinance, being an exercise of a
power specifically delegated to the City legislative body, is not
subject to referendum and shall take effect five ( 5 ) days after
its publication, or publication of a summary thereof consisting
of its title, in the City's official newspaper.
APPROVED:
ATTEST/AUTHENTICATED:
IT CLERK, JACQUELINE G. PARRETT
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APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
BY �f
FILED WITH THE CITY CLERK: November 8, 1988
PASSED BY THE CITY COUNCIL: November 15, 1988
PUBLISHED: November 20, 1988
EFFECTIVE DATE: November 25, 1988
ORDINANCE NO. 2689
WSS509860 —3—
EXHIBIT A
AGREEMENT AND COVENANTS
WHEREAS, Henry G. Landau and Joyce K. Landau, husband
and wife, hereinafter referred to jointly and severally as
"Owner", are owners of the following described real property
located at 23115 - 1O0th Avenue West, in the City of Edmonds, and
legally described on Exhibit "A", attached hereto and incor-
porated by this reference as if set forth in full.
WHEREAS, Owner has tendered this Agreement and
Covenants to the City of Edmonds, a municipal corporation,
hereinafter referred to as "Edmonds", and the same having been
duly considered by Edmonds, and
WHEREAS. Owner has applied for a change in the zoning
of the certain real property from Single -Family Residential 8,000
(RS 8) to Neighborhood Business (BN), and
WHEREAS, Edmonds has caused the application in its
entirety, including, but not limited to the Environmental
Checklist, to be reviewed by its Planning and Engineering
Divisions and has fully considered recommendations made after
such staff review, and
WHEREAS, this application has been reviewed by
the Planning Board which has recommended that the rezone be
approved subject to conditions of "Finding of Facts":
NOW THEREFORE,
In the event the City Council of the City of Edmonds
finds the rezone of the subject property as specified above does
not adversely affect the public health, safety, and general
welfare, and that the rezone is justified by sufficient changes
in the character of the surrounding area, and in consideration of
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the City Council's rezoning the subject property and for so long
as the subject property remains rezoned, Owner and City of
Edmonds hereby covenant and agree to the following on behalf of
themselves, their heirs, and successors, and assigns:
1. This Agreement is tendered by Owner to Edmonds and
accepted by Edmonds, and all parties agree it is applicable to
the parties to this Agreement, their heirs, successors and
assigns, both as to duties and benefits. The terms of this
Agreement shall be specifically enforceable in equity by Edmonds.
2. Edmonds shall be under no obligation to issue
Owner, their heirs, their successors or assigns a building permit
and/or other permits for improvements, structures or uses upon
any of the subject property of Owner unless such improvements
and/or uses comply with the terms of this Agreement and the
applicable ordinances at the time of any application for said
permits.
3. This Agreement and each part of it shall be
considered covenants running with the land described above and
shall be binding upon Owner, their heirs, successors and/or
assigns. It shall be recorded with the Snohomish County Auditor
in the grantor/grantee index with Owner being listed as the
grantor and Edmonds as Grantee. All recording costs are to be
paid by Owner. Such recordation and payment of said costs shall
be a condition precedent to Owner exercising any rights under the
terms of this Agreement.
4. In consideration of Edmonds reclassifying the
subject real property from RS 8 to BN, and for so long as the
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property remains so classified, Owner covenants to limit the use
of such property to a single family residence or professional
offices, as defined by Section 12.12.170 of the Edmonds City
Code, as now exists or as may hereafter be recodified.
5. No applications shall be made by Owner, heirs,
their successors, or assigns to amend this Agreement for a period
of two (2) years from the date hereof. Thereafter, Owner or
their successors heirs or assigns, or Edmonds may, upon applica-
tion, apply to amend or terminate the provisions of this Agree-
ment 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. Such action by either party shall not
release the Owner, heirs, its successors, or its assigns from the
obligations assumed under this Agreement, unless and until such
application shall be duly approved by Edmonds.
6. In the event that a suit is brought to enforce any
of the provisions of this agreement, the prevailing party shall
be entitled to reimbursement of all costs for said litigation
together with a sum for reasonable attorneys fees.
7. It is further expressly agreed that in the event any
covenant, condition, or restriction herein contained or any
portion thereof is invalid or void, such invalidity or voidness
shall in no way affect any other covenant, condition, or restric-
tion herein contained.
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IN WITNESS WHEREOF, the parties have executed this
contract this day of
HENRY G LANDAU
Y�' P
J C K. LANDAU
CITY OF EDMONDS:
i—point ..
DATE: __--_--�4j!gk
4
STATE OF WASHINGTON )
ss.
COUNTY OF SNOHOMISH )
On this day personally appeared before me, _ JoyQa K
Landau and FLene _ry G� r��__ to me known to be the
individuals described in and who executed the within and
foregoing instrument, and acknowledged that they signed the same
as their free and voluntary act and deed, for the uses and
purposes therein mentioned.
GIVEN under my hand and official seal this day of
November 9th __, 19 88
N TARY PUBLIC inNn_a�_-for the
State of Washington, residing
at _._E.dmrzxlds_
STATE OF WASHINGTON )
ss.
COUNTY OF SNOHOMISH )
On this "Pt-oday of , 19 .001 before me
the undersigned, a Notary Public in and for the State of
W shing on, duly commis 'oned and W. n, personally appeared
�_ and �= to me known to be
the Mayor and ity Clerk of�he CITY OF ED MONDS, Washington, the
municipal corporation that executed the foregoing instrument, and
acknowledged the said instrument to be the free and voluntary act
and deed of said municipal corporation, for the uses and purposes
therein mentioned, and on oath stated that they were authorized
to execute said instrument and that the seal affixed is the
official seal of said municipal corporation.
WITNESS my hand and official seal hereto affixed the
day and year first above written.
N ARY PUBLI in and for the
State of Wash'ng on, residing
at �mr_-• ___�___
MY COMMISSION EXPIRES 6-16-89.
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EXHIBIT A
Lot 3, Bergquist Addition, according
plat thereof recorded in Volume 15 of
page 105, records of the Auditor of the
of Snohomish, State of Washington.
EXCEPT the West 7 1/2 feet thereof as
demned by the City of Edmonds by
entered under Snohomish County Superior
Cause No. 106246.
n
to the
Plats,
County
con -
Decree
Court
EXHIBIT B
Lot 3, Bergquist Addition, according to the
plat thereof recorded in Volume 15 of
Plats, page 105, records of the Auditor of
the County of Snohomish, State of
Washington.
EXCEPT the West 7 1/2 feet thereof as
condemned by the City of Edmonds by Decree
entered under Snohomish County Superior
Court Cause No. 106246.
STATE OF WASHINGTON,
COUNTY OF SNOHOMISH,
On the IM 40V of November, '
1988 the CRY Council Of the CRv
of 96monds Passed OrdlUr.
No. 9689. d summary of the
content of sold ordinance,
tonslstlnp of the title, Provides
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T VllnF P r•OMONGS. WASH NG- `
Affidavit of Publication
The undersigned, being first duly sworn .on oath deposes and says
that she is Principal Clerk of THE HERALD, a daily newspaper
printed and published in the City of Everett, County of Snohomish,
and State of Washington; that said newspaper is a newspaper of
general circulation in said County and State; that said newspaper
has been approved as a legal newspaper by order of the Superior
Court of Snohomish County and that the notice ........................................
......... Or.dia.nce--- No. .... Z 8
NATION E ONE CERTAIN READ: a printed copy of which is hereunto attached was published in said
'.PROPERTY COMMONLY
KNOWN AS 7HE LANDAU newspaper proper and not in supplement form in the regular and
REZONE NO. R-A. FROM RS-
E SINGLE FAMILS' TO BN
�N�IGHgaRNvopa� Mvc£rv1ti. - entire edition of said paper on the following days and times, namely:
_ .
OF A CONCCMTTANT
1LISHING ANMEFFECENT TIVE
full text of this Ordinbnte
mPlled upon requeSt.
'ED fhls 15th day of
tber 1988. "aSONE G. PARRETT
l Clerk
hed: November 20, 1988.
--------- . avemb.e-r...2.0-;----198-8-----------------•--------..........................------...............-----
and that said newspaper was regularly distributed to its subscribers
during all of said period.
r
Principal Clerk
Subscribed and sworn to before me this.........
day of ...... N.Ou........ , c............
Notai ublic inld r the State of Washington,
rest Ing t E�eret , Snohomish County.
G
B-2-1