Ordinance 28000006.150.004B
WSS/klt
09/07/90
R:10/9/90
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
HAWLEY-MCCORKLE REZONE, NO. R-1-90, FROM RS-20
(SINGLE FAMILY--20,000 SQUARE FEET) AND CW
(COMMERCIAL WATERFRONT) TO RS-12 (SINGLE FAMILY-
-12,000 SQUARE FEET); 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
adopted 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
classification of certain property hereinafter described from RS-
20 (single family residential--20,000 square feet) and CW
(Commercial Waterfront), respectively, to RS-12 (single family
WSS52639O
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residential--12,000 square feet), subject to the Concomitant
Zoning Agreement, Exhibit A, executed and recorded as provided
herein. The legal description of the property rezoned is set
forth in Exhibit B, attached hereto and incorporated herein by
this reference as if set forth in full. The Council notes that
paragraph 4 thereof states the City's agreement to vacate public
right-of-way. Since such action can only be taken after public
hearing and due deliberation, the Council has directed that this
rezone ordinance be placed on its calendar only after and in
conjunction with such vacation approval.
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
"Concomitant Zoning Agreement Hawley-McCorkle Rezone," 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
WSS52639O -2-
passage and publication of the ordinance or a summary thereof
consisting of the title.
APPROVED:
ATTEST/AUTHENTICATED:
_ C]
C LERK, J Q INE G. PARRET
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
BY
FILED WITH THE C TY CLERK: October 10, 1990
PASSED BY THE CITY COUNCIL: October 16, 1990
PUBLISHED: October 28 , 1990
EFFECTIVE DATE: November 2, 1990
ORDINANCE NO. 2800
WSS52639O -3-
CONCOMITANT ZONING AGREEMENT
HAWLEY-McCORKLE REZONE
THIS AGREEMENT is made this date between Fred J. Howley, Mary E. Howley, Roger G.
McCorkle and Ardeth J. McCorkle, also known as Hawley-McCorkle, a general pis, hereafter
referred to es "Owners", and the City of Edmonds, Washington, hereafter referred to as "City".
WHEREAS, the City of Edmonds, Washington, a non -charter code city, under the laws of
the State of Washington (Chapter 35A.63 RCW and Article 11, Section 11 of the Washington State
Constitution) has authority to enact laws and enter into agreements to promote the health, safety and
welfare of its citizens and thereby control the use and development of property within its
j urisdiction; and
WHEREAS, the Owners own certain real property gated in the City of Edmond and more
particularly described as set forth herein, and
WHEREAS, the Owners have applied for a change in the toning classification of the subject
property from Single -Family Residence 20,000 sq.ft. (RS 20) and Waterfront Commerciai (CW)
to Single- Family Residence 12,000 sq.ft. (RS 12) and
WHEREAS, the City has caused the application to its entirety to be reviewed by its Planning
and Engineering Departments and its Planning hoard and has fully considered their recommendation
made after such review and the recommendations which the City finds to be appropriate are set forth
herein, and
WHEREAS, the Owners are willing to implement the following conditions in the course of
the proposed development and heve tendered this contract to the City, now, therefore,
In consideration of the mutual benefits and conditions hereinafter contained, the Owner
agrees that, in the event the City rectessifles the property described herein from RS 20 and CW to
RS 12, and for so long as the property remai ns so classified, Owners covenant and agree to be bound
by the terms, conditions and agreements set forth as follows:
1. Owners are owners of that certain parcel of real property hereafter referred to as
"subject property", situate in the City of Edmonds, Washington, and legally described as set forth on
Exhibit A.
2. The Owners agree to dedicate the existing lots 8,9 and 10, Block 59 of the property to
the City of Edmonds. The City will provide driveway access to the owners for the remaining
property (lots 1 thru 7) through the northwest portion of lot 6 or from 75th Ave. W., (also known
as Seaside Ave.).
3, The City agrees to dedicate the existing vacated westerly 30 ft. of 75th Pl. West,
adjoi ni ng the easterl y boundary of lots 1 thru 7, Block 59 of the property, to the Owners.
4. notwithstanding any other provisions of the Edmonds City Code and Community
Development Code, as now or may hereafter be amen or recodified, the Owners agree to limit use
of the above described property (Lots 1 thru 7, Block 59, including vacated roads) to four (4)
Single family residential building lots.
S. Amendments to this agreement may be made by the Owners or the City upon application
filed in the same manner as a rezone application; provided, however, no application shell be made by
the Owners or the City to amend this agreement for a period of two (2) years from the date of this
agreement. Thereafter, either the Owners or the City may, upon application, apply to amend or
terminate the provisions and covenants of the agreement or to change the zoning on the subject
property or any portion thereof. Said application 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.
6. The City shall be under no obligation to issue to Owners or their successors or assigns
building permits, occupancy permits, or other permits or approvals for improvements on or use of
the subject property unless such improvements or uses are consistent with the terms of this
—2—
agreement and the applicable City ordinances at the time of any application for such permit or
approval.
7. This agreement, and each part of it, shell be considered a covenant running with the land
covered hereby and shall be binding upon the Owners, their successors and assigns, and the City.
This agreement shall be recorded with the Snohomish County Auditor in the Grantor/Grantee Index,
with the Owners being listed as Grantors and the City as Grantee. All costs of such recordation and
recordation of the transfer of Deeds to lots 8,9 and 10 and to the vacated road shall be paid by
Owners. Such recordation and payments of costs shall be a condition precedent to the Owners
exercising any rights under the terms of this agreement.
B. Nothing in this agreement shall be construed to restrict the authority of the City to
exercise its police powers.
9. In the event any section, paragraph, sentence, term or clause of this agreement
conflicts with applicable law, such conflict shall not affect other sections, paragraphs, sentences,
terms or clauses of this agreement which can be given effect without the conflicting provision and to
this end the terms of this agreement shall be deemed to be severable.
10. In addition to any other remedies provided by law, the City or the Owners may at their
discretion maintain a lawsuit to compel specific performance of the terms and conditions of this
agreement or to otherwise enforce its provisions through injunctive or other remedies, and
whichever party prevails in such action, it shall be entitled to recover all costs of enforcement,
i ncl edi ng reasonable attorneys' fees.
11 . In the event any section, paragraph, sentence, term or clause of this agreement is
found to conflict with applicable few, the City shall have the right to bring the proposed development
before the City Council for further review and imposition of appropriate conditions to assure that
the purposes for which this agreement is entered into are in fact accomplished.
DATED this day of
, 1990.
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Dated �. _s ice'�day of a��c r _, 1990.
CITY OF EDI ONDS
J ]
ViAYOR, ' _ RR N `' G_ TEN
ATTEST
C Y ERK
HAWLEY-McCORI=LE p/s
By
FRED J. H . V LEY
General Partner
By
MAR Y E HX if LY
Genera. Partner
ROG R G. n;cCORKL�.
General Partner
By
n D:ETH J. 1, c CORKLE
General Partner
By
AR W. YDAM
By s f`Ii;C
WILLIAM R. CHILDS
STATE OF 4ASINGTON )
By
COUNTY OF SnoHo�,`si.) RATREE CHILDS
On this day personally appearded before me Fred J. Hawley,
Vary E. Hawley, Roger G. McCorkle and Ardeth J. NcCorkle, to me known
to be the individuals described in and who executed the within and fore-
going instrument, and acknowledged that they signed the same as their
free and voluntary act and deed for the uses and purposes therin mentioned.
GIVEN under my hand and official seal this � day of, 91990.
NOTARY PUBLIC in and for the State
of Washington, residing at
-4-
EXHIBIT A
Parcel A:
Lots 1 to 10, inclusive, Block 59, Meadowdale Beach, as per plat
recorded in Volume 5 of Plats, page 38, records of Snohomish County,
Washington;
EXCEPT the Easterly 40 feet of said Lots 1 thru 10 as measured at right
angles to the Easterly boundaries thereof; ALSO EXCEPT that portion of
lots 9 and 10 appropriated by Snohomish County for Public Highway by
decree of appropriation entered in Snohomish County Superior Court
Cause No. 37516; ALSO EXCEPT that portion of Lot 10, Block 59,
Meadowdale Beach, as per plat recorded in Volume 5 of Plats, page 38,
records of Snohomish County, Washington, described as follows:
Beginning at a point on the South line of Lot 10 South 89 46'16" West,
a distance 41.33 feet from the Southeast corner of said lot 10,
Thence continuing South 89 46'16" West along said South line 30 feet
Thence to a point on the Westerly margin of said South -line 30 feet
Thence to a point on the Westerly margin of said Easterly 40 feet lying
North 14 21116" East a distance 30 feet from true point of beginning:
Thence South 14 21'16" West 30 feet to true point of beginning;
TOGETHER WITH that portion of vacated street, as vacated by Edmonds
City ordinance #2073, which upon vacation attached to said property by
operation of law.
All situate in the county of Snohomish, State of Washington.
STATE OF WASHINGTON )
ss.
COUNTY OF SNOHOMISH )
On this day personally appeared before me GARY W. SUYDAM, known to
me to be the individual described in and who executed the within and
foregoing instrument, and acknowledged that he signed the same as his
free and voluntary act and deed for the uses and purposes therein
mentioned.
GIVEN under my hand and official seal this day of
1990.
NOTARY PUBLIC n and for the
State of Washington, yesiding
at
My commission expires
MY COMMISSION EXPIRES 3-1.93
STATE OF WASHINGTON )
ss.
COUNTY OF SNOHOMISH )
On this day personally appeared before me WILLIAM R. CHILDS, known
to me to be the individual described in and who executed the within and
foregoing instrument, and acknowledged that he signed the same as his
free and voluntary act and deed for the uses and purposes therein
mentioned.
GIVEN u der my hand and official seal this �'d day of
1990.
Y PUBLIC In and for the
State of Was ington, residing
at
commission expires
sr y
STATE OF WASHINGTON )
ss.
COUNTY OF SNOHOMISH )
On this day personally appeared before me RATREE CHILDS, known to
me to be the individual described in and who executed the within and
foregoing instrument, and acknowledged that he signed the same as her
free and voluntary act and deed for the uses and purposes therein
mentioned.
GIVEN un r my hand and official seal this � day of
�-f2• , 1990.
OTARY PUBLIC in and for the
State o Washi gton, residing
at
Mkicom is
expires
c ST Z
EXHIBIT B
Parcel A:
Lots 1 to 10, inclusive, Block 59, Meadowdale Beach, as per plat
recorded in Volume 5 of Plats, page 38, records of Snohomish County,
Washington;
EXCEPT the Easterly 40 feet of said Lots 1 thru 10 as measured at right
angles to the Easterly boundaries thereof; ALSO EXCEPT that portion of
lots 9 and 10 appropriated by Snohomish County for Public Highway by
decree of appropriation entered in Snohomish County Superior Court
Cause No. 37516; ALSO EXCEPT that portion of Lot 10, Block 59,
Meadowdale Beach, as per plat recorded in Volume 5 of Plats, page 38,
records of Snohomish County, Washington, described as follows:
Beginning at a point on the South line of Lot 10 South 89 46116" West,
a distance 41.33 feet from the Southeast corner of said lot 10,
Thence continuing South 89 46116" West along said South line 30 feet
Thence to a point on the Westerly margin of said South line 30 feet
Thence to a point on the Westerly margin of said Easterly 40 feet lying
North 14 21'16" East a distance 30 feet from true point of beginning:
Thence South 14 21'16" West 30 feet to true point of beginning;
TOGETHER WITH that portion of vacated street, as vacated by Edmonds
City ordinance #2073, which upon vacation attached to said property by
operation of law.
All situate in the county of Snohomish, State of Washington.
95545
STATE OF WASHINGTON,
COUNTY OF SNOHOMISH, {
• SUMMARY OF
ORDINANCE NO, 2000
of qIa City of
Edmonft Wmhlnt2n
On the 16th day of Oc}aver,
1990 the city Council of the Cl,
of Edmonds passed Ordinance
Ha 2000. X summary of the
content of sold orcilnonce,
consisting of file 1111e, provides
as lgilaws:
Au nonIMANCC nF THE CITY
ON
TY
{{SQUARE FEET] AND [;w
TO RS•12 (SING ETERFROFAWLYT)
12000 SQUARE FEETj,
AUTHORiZ IN EXECUTTON. OF
A CONCOMITANT ION4NG
AGREEMPNT ANO ESTABLISH,
ING AN EFFECTIVE OAT,
The full text of this Ord nonce
will he molted upon request.
OAtED this 161h dpv of
October 1990.
JAeOUELINE G. PARRETT
City clerk
EX-18TT A
` Parcel A,
J 0 10, I"Iu5lv4. Block
j S9; Meadowdole Beach, as
par plat recorded In Valu me
5 W Plo15, Ao�ie 38, records
of Snohom Sh County,
Woshlnp� rm
E%CEP Ilre Easlvrly 40
feel of said Lets 1 thru 10 as
rnem,ured a1 right arKtics to
The Eostoriv boundorles
thereof; ALSO EXCEPT that
9 am 10
appropir j by Snohomish
byudeeree ofunplcproprrlhation
entered In Snohomish
County Suoorlor Court
Cause No. 31516; ALSO
EXCEPT fhaf portion .I'
10, Bloc* 59, Mea lowdalr
Beach, as per plot recorded
In Volume S of Plak, pope
39, records of Snohomish
County, Washington.
deuf Wed as follows:
BeOlnninq at a point on lie
South Vine of Lot 10 South 69
46' 16" west, a distance 41.31
feel from the Southeast
Corner of sold lot 10
Therxe.eanifmilrp $auth 84
46'161, West alan9 sold south
line 30 feet
Ti,ence to o pnlnt on the
Westerly margin of sold
South line 30 feet
Thonce to a Point an the
Westerly margin of sold
Easterly 4D feet Iylnb North
14 prl"6. East o distance 30
reef from lruo rwlnl of
bepinnlnq;
Thence South 14 21'16" West
30 foot to true point of
beglnnlnq�
TOGETWER WITH that
portton er vocaled sheet o5
vacated by Edmonds tify
Ordinance ir2073, which
upon vacatlon ottoched to
sold property by operphon
or law.
All -Muffle In the county of
Snohamish, State of
WnShingfan,
PtbI shed: November 21, 1990.
Ss,
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 ........................................
Summary of Ordinance No. 2800
a printed copy of which is hereunto attached, was published in said
newspaper proper and not in supplement form, in the regular and
entire edition of said paper on the following days and times, namely:
November 22, 1990
and that said newspaper was regularly distributed to its subscribers
duringallof said period.
--.........1,.:� r..P�rs.........�00
Principal Clerk
Subscribed and sworn to before me this........_... r a ........
Novembe 90
day of............. ........ 19........
Not ' Publ4iiaforthe S a e of Washington,
: e `di at Everett, Snohomish County.
B-2-1
95545
STATE OF WASHINGTON,
COUNTY OF SNOHOIVISH,
of
199p the CITY COUT1[II of The CRY
of tdmonds, passed Ordlrmn[e
NO. 2900. A strr"Mary of the
Content of said ordlnorl[e,
con5i5}111Q Ot the Ilfle, provldes
ars follows:
AN ORDINANCE OF THE CITY
OF L•OMONO WASHINGTON, ,
AMENDING tHE OFFICIAL I
ZONING MAP OF THE CITY OF
TO CHANGE
ZONING EDMONDSHE UESIGNATION TON
CERTAIN REAL PROPERTY
COMMONLY KNOWN AS THE
HAWLEY MCCORKLE
REZONE NO. R-1.90, FROM RS-
20 (SM&E FAWI.Y — 20,000
�COMMSQUARE {{ FEET) AND CW
ERCAIL WATERFRONT
$ IRS 7 S[INGLE FAMILY
A.I�FELT y
THORI'LING EXECUTION O�
A CONCOMITANT ZONING
AGREEMEN r AND ESTABLISH-
ING AN EFFECTIVE DATE.
The full text of this Ordinance
will be mailed upon request.
DATED this 16th day of
• October, 1990'
JACOUELINE G. PARRh_TT
City Cleric
Published; October 28, 1990.
Ss,
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 ........................................
Summary ... of rd Oinance No. 2800 of the Cit
......................... ...... ............................... ........•
of Edmonds
a printed copy of which is hereunto attached, was published in said
newspaper proper and not in supplement form, in the regular and
entire edition of said paper on the following days and times, namely:
October 28, 1990
and that said newspaper was regularly distributed to its subscribers
during all of said period.
Principal Clerk
Subscribed and sworn to before me this ..... ...29th
r
day of....... ... . ... ........ c•tober.. 19.90...
' N a Public i . and frtheState of Washington,
f idigg at Everett, Snohomish County,
B-2-1