Ordinance 35470006.90000
WSS /gjz
4/20/05
ORDINANCE NO. 3547
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, AMENDING THE PROVISIONS OF
CHAPTER 16.20 RELATING TO THE RS- SINGLE- FAMILY
RESIDENTIAL ZONE, AND FIXING A TIME WHEN THE
SAME SHALL BECOME EFFECTIVE.
WHEREAS, the City has amended its Comprehensive Plan to adopt urban
densities in conformance with the Growth Management Act and the current direction of the
Growth Management Hearings Board; and
WHEREAS, the City Council has reservations regarding the impact of such
densities in light of the current pattern of development of the City and other environmental,
transportation and funding issues; and
WHEREAS, however, the City Council wishes to adopt measures in conformance
with the only direction currently given by the Growth Management Act, reserving to itself the
right to amend these provisions based upon the later direction of the Growth Management
Hearings Board and/or the courts of the State of Washington as they interpret the Growth
Management Act; and
WHEREAS, the City Council has received the favorable recommendation of its
Planning Board regarding adoption of the proposed changes; and
WHEREAS, the City Council has amended such recommendations following
public hearing in only one respect, to delete references to use of RS -6 zone densities and site
development standards as a part of the master planning process, believing that the RS -8 zone
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densities provide a reasonable transition from adjacent zones to the SR 104 corridor and
believing that lower densities or optional densities can be both confusing and counter productive
to the Comprehensive Plan goals; and
WHEREAS, the City Council finds that the enactment of an RS -10 and master
plan zones are consistent with its Comprehensive Plan and required for consistency with the
Growth Management Act, NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO
ORDAIN AS FOLLOWS:
Section 1. The Edmonds Community Development Code is hereby amended by
the repeal and reenactment of Chapter 16.20 RS- Single- Family Residential to read as follows:
Chapter 16.20
RS — SINGLE - FAMILY RESIDENTIAL
Sections:
16.20.000
Purposes.
16.20.010
Uses.
16.20.020
Subdistricts.
16.20.030
Table of site development standards.
16.20.040
Site development exceptions.
16.20.050
Site development standards — Accessory buildings.
16.20.000 Purposes.
The RS zone has the following specific purposes in addition to the
general purposes for residential zones of ECDC 16.00.010 and
16.10.000:
A. To reserve and regulate areas primarily for family living in
single - family dwellings;
B. To provide for additional non - residential uses which
complement and are compatible with single - family dwelling use.
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16.20.010 Uses.
A. Permitted Primary Uses.
1. Single - family dwelling units;
2. Churches, subject to the requirements of ECDC
17.100.020;
3. Primary schools subject to the requirements of ECDC
17.100.050(G) through (R);
4. Local public facilities that are planned, designated, and
sited in the capital improvement plan, subject to the, requirements
of ECDC 17.100.050;
5. Neighborhood parks, natural open spaces, and community
parks with an adopted master plan subject to the requirements of
ECDC 17.100.070.
B. Permitted Secondary Uses.
1. Foster homes;
2. Home occupation, subject to the requirements of Chapter
20.20 ECDC;
3. The renting of rooms without separate kitchens to one or
more persons;
4. The keeping of three or fewer domestic animals;
5. The keeping of horses, subject to the requirements of
Chapter 5.05 ECC;
6. The following accessory buildings:
a. Fallout shelters,
b. Private greenhouses covering no more than five percent of
the site,
C. Private stables,
d. Private parking for no more than five cars,
e. Private swimming pools and other private recreational
facilities;
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7. Private residential docks or piers;
8. Family day -care in a residential home;
9. Commuter parking lots that contain less than 10 designated
parking spaces in conjunction with a church, school, or local public
facility allowed or conditionally permitted in this zone. Any
additionally designated parking spaces that increase the total
number of spaces in a commuter parking lot to 10 or more shall
subject the entire commuter parking lot to a conditional use permit
as specified in subsection (D)(5) of this section, including
commuter parking lots that are located upon more than one lot as
specified in ECDC 21.15.075.
C. Primary Uses Requiring a Conditional Use Permit.
1. High schools, subject to the requirements of ECDC
17.100.050(6) through (R);
2. Local public facilities that are not planned, designated, and
sited in the capital improvement plan, subject to ECDC
17.100.050;
3. Regional parks and community parks without a master plan
subject to the requirements of ECDC 17.100.070.
D. Secondary Uses Requiring a Conditional Use Permit.
1. Preschools;
2. Guest house;
3. Amateur radio transmitting antennas;
4. Accessory dwelling units; and
5. Commuter parking lots with 10 or more designated parking
spaces in conjunction with a church, school, or local public facility
allowed or conditionally permitted in this zone.
16.20.020 Subdistricts.
There are established seven subdistricts of the RS zone in order to
provide site development standards for areas which differ in
topography, location, existing development and other factors.
These subdistricts shall be known as the RS -6 zone, the RS -8 zone,
the RS -10 zone, the RS -12 zone, the RSW -12 zone, the RS -20
zone, and the RS -MP zone.
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16.20.030 Table of site development standards.
1. Density means "dwelling units per acre" determined by
dividing the total lot area by the density allowed by the underlying
zoning; the number of lots or units permitted shall be rounded
down to the nearest whole number.
2. See Chapter 17.50 ECDC for specific parking
requirements.
3. Thirty -five feet total of both sides, 10 feet minimum on
either side.
4. Lots must have frontage on the ordinary high -water line
and a public street or access easement approved by the hearing
examiner.
5 "MP" signifies "Master Plan." The standards in Table
16.20.030 show the standards applicable to development without
an approved master plan. Properties in this zone may be developed
at a higher urban density lot pattern equivalent to RS -8 but this
shall only be permitted in accordance with a duly adopted master
plan adopted under the provisions of Section 16.20.045 ECDC.
16.20.040 Site development exceptions.
A. Average Front Setback. If a block has residential buildings
on more than one -half of the lots on the same side of the block, the
owner of a lot on that block may use the average of all the setbacks
of the existing residential buildings on the same side of the street
as the minimum required front setback for the lot. Detached
structures such as garages; carports; and uncovered porches, decks,
steps and patios less than 30 inches in height, and other uncovered
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Minimum
Maximum
Minimum
Minimum
Minimum
Minimum
Maximum
Minimum
Sub
Lot Area
,
Density
Lot
Street
Side
Rear
Maximum
Coverage
Parking
District
S Ft.
� q� )
Setback
Setback
Setback
Height
9
°
(� °)
Spaces 2
Width
�3
3 3 &
RS -20
20,000
2.2
100'
25'
25'
25'
35%
2
RS -12
12,000
3.7
80'
25'
10'
25'
25'
35%
2
RSW -124
12,000
3.7
—
15'
10'
35'
25'
35%
2
RS -10
10,000
4.4
75'
25'
10'
20'
25'
35%
2
RS -8
8,000
5.5
70'
25'
7 -1/2'
15'
25'
35%
2
RS -6
6,000
7.3
60'
20'
5'
15'
25'
35%
2
RS -MP5
12,0005
3.75
80' S
25' 5
10'"
25'5
25'
35%
2
1. Density means "dwelling units per acre" determined by
dividing the total lot area by the density allowed by the underlying
zoning; the number of lots or units permitted shall be rounded
down to the nearest whole number.
2. See Chapter 17.50 ECDC for specific parking
requirements.
3. Thirty -five feet total of both sides, 10 feet minimum on
either side.
4. Lots must have frontage on the ordinary high -water line
and a public street or access easement approved by the hearing
examiner.
5 "MP" signifies "Master Plan." The standards in Table
16.20.030 show the standards applicable to development without
an approved master plan. Properties in this zone may be developed
at a higher urban density lot pattern equivalent to RS -8 but this
shall only be permitted in accordance with a duly adopted master
plan adopted under the provisions of Section 16.20.045 ECDC.
16.20.040 Site development exceptions.
A. Average Front Setback. If a block has residential buildings
on more than one -half of the lots on the same side of the block, the
owner of a lot on that block may use the average of all the setbacks
of the existing residential buildings on the same side of the street
as the minimum required front setback for the lot. Detached
structures such as garages; carports; and uncovered porches, decks,
steps and patios less than 30 inches in height, and other uncovered
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structures less than 30 inches in height shall not be included in the
"average front setback" determination.
An applicant for such a determination shall provide a drawing
which locates the street property line for the entire block, as well
as the existing street setbacks of all buildings required to be used
for the purpose of calculating the "average front setback." The
drawing shall be prepared and stamped by a land surveyor
registered in the state of Washington.
B. Eaves and Chimneys. Eaves and chimneys may project into
a required setback not more than 30 inches.
C. Porches and Decks. Uncovered and unenclosed porches,
steps, patios, and decks may project into a required setback not
more than one -third of the required setback, or four feet, whichever
is less; provided that they are no more than 30 inches above ground
level at any point.
D. Setback Adjustments. Chapter 20.50 ECDC contains a
procedure for adjusting distances and locations in special
situations.
E. Corner Lots. Corner lots have no rear setback; all setbacks
other than the street setbacks shall be side setbacks.
F. Docks, Piers, Floats.
1. Height. The height of a residential dock or pier shall not
exceed five feet above the ordinary high water mark. The height of
attendant pilings shall not exceed five feet above the ordinary high
water mark or that height necessary to provide for temporary
emergency protection of floating docks.
2. Length. The length of any residential dock or pier shall not
exceed the lesser of 35 feet or the average length of existing decks
or piers within 300 feet of the subject dock or pier.
3. Width. The width of any residential dock or pier shall not
exceed 25 percent of the lot width when measured parallel to the
shoreline.
4. Setbacks. All residential docks or piers shall observe a
minimum 10 -foot side yard setback from a property line or a storm
drainage outfall. Joint use docks or piers may be located on the
side property line; provided that the abutting waterfront property
owners shall file a joint use maintenance agreement with the
Snohomish County auditor in conjunction with, and as a condition
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of, the issuance of a building permit. Joint use docks or piers shall
observe all other regulations of this subsection.
5. Number. No lot shall have more than one dock or pier or
portion thereof located on the lot.
6. Size. No residential dock or pier shall exceed 400 square
feet.
7. Floats. Offshore recreational floats are prohibited.
8. Covered Buildings. No covered building shall be allowed on any
residential dock or pier.
16.20.045 Site development standards — Single Family
Master Plan.
A. General. The "Single Family — Master Plan" zone is
intended to apply to the area lying along the south side of SR -104
north of 228th Street SW, where there are development constraints
related to access and traffic on SR -104. Development in this zone
may be approved at RS -12 standards without an approved master
plan. An approved master plan is required before any development
can occur at RS -8 densities.
B. Criteria for approving a Master Plan. Properties seeking to
develop at RS -8 or RS -6 densities shall be developed according to
a master plan (such as through a PRD) that clearly demonstrates
the following:
1. That access and lot configurations shall not result in
additional curb cuts or unmitigated traffic impacts on SR -104; at a
minimum, a traffic study prepared by a traffic engineer approved
by the City shall clearly demonstrate this requirement.
2. That the configuration and arrangement of lots within the
master plan area provide for setbacks on the perimeter of the
proposed development that are compatible with the zoning
standards applied to adjoining developed properties. For example,
a master plan adjoining developed lots in an RS -MP zone that were
developed under RS -12 standards shall have RS -12 setbacks along
common property lines, although the lot sizes, widths, and other
bulk standards may conform to the higher density lot configuration
approved through the master plan.
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16.20.050 Site development standards — Accessory
buildings.
A. General. Accessory buildings and structures shall meet all
of the standards of ECDC 16.20.030 except as specifically
provided in this section.
B. Height. Height shall be limited to 15 feet, except for
amateur radio transmitting antennas and their supporting
structures.
C. Rear Setbacks. The normally required rear setback may be
reduced to a minimum of five feet for accessory buildings covering
less than 600 square feet of the site.
D. Satellite Television Antenna. A satellite television antenna
which measures greater than one meter or 1.1 yards in diameter
shall comply with the following regulations:
1. General. Satellite television antennas must be installed and
maintained in compliance with the Uniform Building and
Electrical Codes as the same exist or are hereafter amended. A
building permit shall be required in order to install any such
device.
2. Setbacks. In all zones subject to the provisions contained
herein, a satellite television antenna shall be located only in the
rear yard of any lot. In the event that no usable satellite signal can
be obtained in the rear lot location or in the event that no rear lot
exists as in the case of a corner lot, satellite television antennas
shall then be located in the side yard. In the event that a usable
satellite signal cannot be obtained in either the rear or side yard,
then a roof - mounted location may be approved by the staff;
provided, however, that any roof - mounted satellite antenna shall be
in a color calculated to blend in with existing roof materials and, in
the case of a parabolic, spherical or dish antenna shall not exceed
nine feet in diameter unless otherwise provided for by this section.
In no event shall any roof - mounted satellite television antenna
exceed the maximum height limitations established by this section.
3. Aesthetic. Satellite television antennas shall be finished in a
nongarish, nonreflective color and surface which shall blend into
its surroundings. In the case of a parabolic, spherical or dish
antenna, said antenna shall be of a mesh construction. No
commercial advertising of any kind shall be displayed on the
satellite television antenna.
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4. Size and Height. Maximum size for a ground- mounted
parabolic, spherical or dish antenna shall be 12 feet in diameter.
No ground- mounted antenna shall be greater than 15 feet in height
unless otherwise approved for waiver as herein provided. The
height of roof - mounted satellite television antennas shall not
exceed the lesser of the height of the antenna when mounted on a
standard base provided by the manufacturer or installer for
ordinary operation of the antenna or the height limitation provided
by the zoning code.
5. Number. Only one satellite television antenna shall be
permitted on any residential lot or parcel of land. In no case shall a
satellite television antenna be permitted to be placed on wheels or
attached to a portable device for the purpose of relocating the
entire antenna on the property in order to circumvent the intentions
of this section.
E. Amateur Radio Antennas.
1. The following applications for the following approvals
shall be processed in accordance with ECDC 20.95.050, Staff
decision — Notice required:
a. Requests to utilize an amateur radio antenna dish which
measures greater than one meter or 1.1 yards in diameter;
b. Requests to utilize an antenna which:
i. Would be greater than 12 feet in height above the principal
building on a site. The height of the antenna shall be determined by
reference to the highest point of the roof of the principal building,
exclusive of the chimney or other roof - mounted equipment. The
request to locate a 12 -foot antenna on a building is limited to
buildings whose height conforms to the highest limit of the zone in
which the building is located.
ii. Would exceed the height limit of the zone when mounted
on the ground or on any accessory structure (see subsection
(E)(2)(d) of this section).
2. The application shall comply with the following
regulations:
a. Definition. "Amateur radio antenna" means an antenna, or
any combination of a mast or tower plus an attached or mounted
antenna, which transmits noncommercial communication signals
and is utilized by an operator licensed by the Federal
Communications Commission. Guy wires for amateur radio
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antennas are considered part of the structure for the purpose of
meeting development standards.
b. General. Amateur radio antennas must be installed and
maintained in compliance with the Uniform Building and
Electrical Codes, as the same exist or are hereafter amended. A
building permit shall be required . to install an amateur radio
antenna.
C. Location. Amateur radio antennas may be ground- or roof -
mounted, however, these devices shall:
i. Be located and constructed in such a manner as to
reasonably ensure that, in its fully extended position, it will not fall
in or onto adjoining properties;
ii. Not be located within any required setback area; and
iii. Be retracted in inclement weather posing a hazard to the
antenna.
d. Height. The height of a ground- mounted tower or roof -top
antenna may not exceed the greater of the height limit applicable to
the zone or 65 feet when extended by a telescoping or crank -up
mechanism unless an applicant obtains a waiver (see subsection
(F) of this section).
i. Only telescoping towers may exceed the height limits
established by subsection (E)(1)(b) of this section. Such towers
shall comply with the height limit within the applicable zone and
may only exceed the height limit of the applicable zone and/or 65-
foot height limit when extended and operating and if a waiver has
been granted.
ii. An antenna located on a nonconforming building or
structure which exceeds the height limit of the zone in which it is
located shall be limited to height limit of the zone plus 12 feet.
e. Aesthetic. To the extent technically feasible and in
compliance with safety regulations, specific paint colors may be
required to allow the tower to blend better with its setting.
F. Technological Impracticality — Request for Waiver.
1. The owner, licensee or adjacent property owner may apply
for a waiver if:
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a. Strict application of the provisions of this zoning code
would make it impossible for the owner of a satellite television
antenna to receive a usable satellite television antenna to receive a
usable satellite signal;
b. Strict application of the provisions of this zoning code
would make it impossible for the holder of any amateur radio
license to enjoy the full benefits of an FCC license or FCC
protected right; or
C. An adjacent property owner or holder of an FCC license or
right believes that alternatives exist which are less burdensome to
adjacent property owners.
2. The request for waiver shall be reviewed by the hearing
examiner and may be granted upon a finding that one of the
following sets of criteria have been met.
a. Technological Impracticality.
i. Actual compliance with the existing provisions of the city's
zoning ordinance would prevent the satellite television antenna
from receiving a usable satellite signal or prevent an individual
from exercising the rights granted to him or her by the Federal
Communication Commission (FCC) by license, law or FCC
regulation; or
ii. The alternatives proposed by the property owner or licensee
constitute the minimum necessary to permit acquisition of a usable
satellite signal by a satellite television antenna or to exercise the
rights granted pursuant to a valid FCC license, law or FCC
regulation.
b. Less Burdensome Alternatives. The hearing examiner is
also authorized to consider the application of adjacent property
owners for a waiver consistent with the provisions of subsection
(17)(1)(c) of this section without the requirement of a finding that a
usable satellite signal cannot be acquired when the applicant or
adjacent property owner(s) establish that the alternatives proposed
by the applicant are less burdensome to the adjacent property
owners than the requirements which would otherwise be imposed
under this section. For example, adjacent property owners may
request alternative or additional screening or the relocation of the
antenna on the licensee's property. In the interactive process
described in subsection (F)(3) of this section, the hearing examiner
shall attempt to balance the impact of the tower on the views of
adjacent properties, as well as the impacts of alternative screening
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and relocation in order to equitably distribute any negative impacts
among the neighbors while imposing reasonable conditions on the
antenna, its location and screening that do not impair the rights
granted by the FCC to the licensee.
3. The process shall be an interactive one in which the hearing
examiner works with the licensee to craft conditions which place
the minimum possible burden on adjacent property owners while
permitting the owner of the satellite antenna or holder of an
amateur radio license to fully exercise the rights which he or she
has been granted by federal law. For example, the number of
antennas and size of the array shall be no greater than that
necessary to enjoy full use of the FCC license. Conditions may
include but are not limited to requirements for screening and
landscaping, review of the color, reflectivity and mass of the
proposed satellite television antenna or amateur radio facilities,
and other reasonable restrictions. Any restriction shall be
consistent with the intent of the city council that a waiver to the
antenna owner be granted only when necessary to permit the
satellite television antenna to acquire usable satellite signal or to
allow the licensee to exercise the rights granted by Federal
Communication Commission license after consideration of
aesthetic harmony of the community. The process employed
should involve the interaction of the licensee or owner and the
neighborhood. Certain issues have been pre - empted by federal law
and shall not be considered by the hearing examiner. Such issues
include, but are not limited to, the impacts of electromagnetic
radiation, the potential interference of the amateur radio facility
with electronic devices in the neighborhood and any other matter
pre - empted by federal law or regulation. Impact on view and on
the values of neighboring properties may be considered in
imposing reasonable conditions but shall not be a basis for denial
of a permit to construct the antenna.
4. The application fee and notification for consideration of the
waiver by an owner of a satellite television antenna shall be the
same as that provided for processing a variance. No fee shall be
charged to the holder of a valid FCC amateur radio license.
5. In the event that an applicant for waiver is also obligated to
undergo architectural design review, the architectural design board
shall defer any issues relating to the antenna and/or other amateur
radio equipment to the hearing examiner. The hearing examiner
may, at his or her discretion, request the architectural design board
review and comment regarding required screening and landscaping
and its integration into sight and landscaping plans. No additional
fee shall be required of the applicant upon such referral.
{WSS598128.DOC;1 /00006.900000/1 -12-
G. The provisions of subsections (D), (E) and (F) of this
section shall be interpreted in accordance with the regulations of
the Federal Communications Commission including but not
limited to PRB -1. In the event of ambiguity or conflict with any of
the apparent provisions of this section, the provisions of federal
regulations shall control.
Section 2. Effective Date. This ordinance, being an exercise of a power specifi-
cally delegated to the City legislative body, is not subject to referendum, and shall take effect
five (5) days after passage and publication of an approved summary thereof consisting of the
title.
APPROVED:
MAYO GAVHAAKENSON
ATTEST /AUTHENTICATED:
ITY CLERK, SANDRA S. CHASE
APPROVED AS TO FORM:
OFFICE OF H Y A RNEY:
BY
W. SCOTT SNYDER
FILED WITH THE CITY CLERK: 04/22/2005
PASSED BY THE CITY COUNCIL: 04/26/2005
PUBLISHED: 05/01/2005
EFFECTIVE DATE: 05/06/2005
ORDINANCE NO. 3547
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SUMMARY OF ORDINANCE NO. 3547
of the City of Edmonds, Washington
On the 26th day of April, 2005, the City Council of the City of Edmonds, passed
Ordinance No. 3547. A summary of the content of said ordinance, consisting of the title,
provides as follows:
AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING THE
PROVISIONS OF CHAPTER 16.20 RELATING TO THE RS- SINGLE- FAMILY
RESIDENTIAL ZONE, AND FIXING A TIME WHEN THE SAME SHALL BECOME
EFFECTIVE.
The full text of this Ordinance will be mailed upon request.
DATED this 27th day of April, 2005.
'J. C4,t-�
CITY CLERK, SANDRA S. CHASE
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Affidavit of Publication
STATE OF WASHINGTON,
I S.S.
COUNTY OF SNOHOWSH
SUMMARY OF ORDINANCE NO. 3547 I
The undersigned, being first duly sworn on oath deposes and says that she is Principal Clerk
o i ty of mon s, as mgton 11
On the 26th day of April, 2005, the City Council of the City
of THE HERALD, a daily newspaper printed and published in the City of Everett, County of
of Edmonds, Passed Ordinance No. 3547. A summary of the .
Snohomish, and State of Washington; that said newspaper is a newspaper of general
content of said ordinance, consisting of the title, provides as I
follows:
circulation in said County and State; that said newspaper has been approved as a legal
AN ORDINANCE OF THE TON, AMENDING THE PROVISIONS SIIONS OFOCHAPtTER 116.0
newspaper by order of the Superior Court of Snohomish County and that the notice
RELATING TO THE RS-SINGLE-FAMILY RESIDENTIAL
ZONE, AND FIXING A TIME WHEN THE SAME SHALL BE-
Summary of Ordinance No. 3547
COME EFFECTIVE.
The full text of this Ordinance will be mailed upon request.
DATED this 27th day of April, 2005.
City of Edmonds
CITY CLERK, SANDRA S. CHASE
Published: May 1, 2005.
RECEIVED
MAY 0 4 2005
EDMONDS Gi`1 Y CLERK
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:
May 01, 2005
and that said rcwspaper was regularly distributed to its subscribers during all of said period.
Subscribed and sworn to before me this
day of May, 2005
Notary Public ' nd Egli the
County.
2nd
%IOTA R`f
residing at Everett, noh mish PU6LIC
Np 9 -17 -2008
0
Account Name: City of Edmonds Account Number. 101416 Order Number: 0001283466