Resolution 501PLANNING COMMISSION
RESOLUTION NO. 501
A RESOLUTION TO THE CITY COUNCIL OF EDMON DS RECOMMENDING
APPROVAL OF A PROPOSED AMENDMENT TO THE OFFICIAL ZONING MAP OF THE
CITY OF EDMONDS TO REZONE FROM RD (RESIDENTIAL DUPLEX) TO RML
(RESIDENTIAL MULTIFAMILY LOW DENSITY) WITH CERTAIN RESTRICTIONS
AND CONDITIONS AS SET FORTH BY CONTRACT, THAT CERTAIN PROPERTY
DESCRIBED IN "EXHIBIT A" OF PLANNING COMMISSION FILE NO. R-9-75.
WHEREAS, the Planning Commission of the City of Edmonds,
pursuant to proper notice and publication, held a public hearing on
a proposed amendment to the Official Zoning Ordinance to rezone from
RD (RESIDENTIAL DUPLEX) to RML (RESIDENTIAL MULTIFAMILY LOW DENSITY)
with certain restrictions and conditions as set forth by contract,
that certain property described in (Exhibit A) of Planning Commission
File No. R-9-75, and
WHEREAS the adjoining land uses to the south and east of
the subject property are not compatible with residential uses, and
WHEREAS, the proposed use of the subject property provides
an appropriate transition between intensively used property and ad-
joining single family residential property, and
WHEREAS, the applicant has offered to impose the restrictions
and covenents on the uses of the property as set forth in Exhibit "B"
attached hereto and hereby incorporated in full by this reference,
WHEREAS, therewas no opposition to the proposed limited
use rezone at the public hearing held; now, therefore
BE IT RESOLVED that recommendation be and the same hereby
forwarded to the City Council of the City of Edmonds a proposed
approval for amendment to the official zoning map of the City of
Edmonds.
DATED as of the 1st day of April, 1976.
File No. R-9-75
Hearing:
Staff Initiated
PLANNING COMMISSION RES #501
FILE #R-9-75
"EXHIBIT A"
Lots 1 through 6 inclusive, Block 1, Park addition to Edmonds
as recorded in Volume 2 of the Plats, Page 88, Records of
Snohomish County, Washington except:
The west 10 feet of Lot 6.
"EXHIBIT A"
4-0, �F-, 7S-
n
EXHIBIT "B"
AGREEMENT AND COVENANTS
THIS IS AN AGREEMENT AND COVENANTS between CURTIS D.
SMITH and DOLORES M. SMITH, his wife, hereinafter referred to as
"Owner" and the CITY OF EDMONDS, a municipal corporation, herein-
after referred to as "Edmonds".
WITNESSETH:
WHEREAS, the Owner has ownership of certain land described
as follows:
1
Lots One (1) through Six (6), inclusive, Block One (1),
Park Addition to Edmonds, as recorded in Volume 2 of
Plats, Page 88, records of Snohomish County, Washington,
EXCEPT the West 10 feet of Lot Six (6),
which is situate in the City of Edmonds, Washington, and
WHEREAS, the Owner has made application to Edmonds for a
rezone from RS-8 to Multiple Residential, RML, and
WHEREAS, the Owner has offered to tender Edmonds this Agree-
ment and Covenants respecting limitations relative to the property within
Owner's ownership, and
WHEREAS, the covenants of this Agreement and Covenants are
intended to constitute a basis for rezoning the property as set forth herein
and are intended to be in effect from the effective date of such rezone, and
WHEREAS, the use of the subject property will have a substantial
EXHIBIT "B"
relation to the people, land and resources, health, welfare, safety and
morals of Edmonds, and Owner recognizes a need for control and
cooperation in securing the proper development of the property to be
compatible with the surrounding uses, and
WHEREAS, Edmonds has found and set forth in its Official Records
file No. R-9-75 (planning Commision) that:
1. The proposed rezone site backs directly to a Union
Oil service station (in Lynnwood).
1
2. The site abuts a heavily traveled arterial (76th).
3. There is a heavy concentration of commercial uses
in the vicinity (intersection 196 & 76).
4.1 Single family (RS-8) is directly across the street to
the north.
5. Multifamily (RMI.) abuts -the site to the west.
6. The site a present zoning would accomodate 7. 8 units.
7. The proposed use is an appropriate transition use
between the commercial property to south and single family
residences to north.
And, further, that such use of said land is consonant with the best
interest of the public and said Edmonds, provided that compliance with
the following recommendations is met, namely:
1. That use be restricted to proposed use(professional
offices).
2. That landscape screening be installed along 195th and .
west boundary as buffer to residential uses.
3. That circulation (vehicular and pedestrian) follow
recommendations of Engineering Department.
Aff1the parties, having both fully reviewed the above recommenda-
tions and finding them compatible with their respective needs, now, there-
fore
IT IS HEREBY AGREED AS FOLLOWS:
(1) This Agreement and Covenants is tendered to Edmonds by
Owner, 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. Owner agrees that this Agreement shall
be specifically enforceable by Edmonds in equity.
(2) Edmonds shall be under no obligation to issue Owner or its
successors or assigns a building permit for improvements or expansion
upon any of the property of the Owner unless such improvements comply
with the terms hereof and the applicable ordinances at the time of any
application for building permit.
(3) This Agreement and each part of it shall be considered
covenants running with the land covered hereby, and shall be binding
upon the successors and assigns of Owner, and shall be recorded with
the Snohomish County Auditor in the Grantor -Grantee Index with Owner
being listed as Grantor and the City of Edmonds as Grantee and all costs
of such recordation shall be paid by Owner. Payment of said costs shall
be a condition precedent to Owner's exercising any rights under the terms
of this Agreement.
(4) The property owned by Owner which is subject to said covenants
is legally described as follows, all situate in the City of Edmonds,
Snohomish County, State of Washington:
Lots One (1) through Six (6), inclusive, Block One
(1), Park Addition to Edmonds, as recorded in
Volume 2 of Plats, Page 88, records of Snohomish
County, Washington,
EXCEPT the West 10 feet of Lot Six (6).
(5) This Agreement and Covenants is conditioned upon said legally
described property being rezoned from RS-B to Multiple Residential, Low
Density (RML).
(6) The Owner of the above -described real property shall limit
their use and development of such land to the construction and development
of professional offices (a dental clinic is presently contemplated).
(7) Upon a transfer of ownership of this property by sale, descent,
inheritance or otherwise, subsequent Owner shall be required to install
such landscaping and screening as is required of parking areas under the
terms and provisions of the Edmonds City Code.
(8) No applications shall be made by Owner or their successors or
assigns to amend this Agreement and Covenants for a perior of two (2) years
from the date of this Agreement. Thereafter, either Owner or its success-
ors or assigns, or Edmonds may, upon an application filed in the same
manner as a rezone application, apply to amend or terminate the provisions
and covenants of this Agreement or to change the zoning on said property.
Said application to change or terminate the provisions and covenants or to
rezone said property shall, as aforestated, 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 Edmonds shall not release
the Owner or their successors or assigns from the obligations assumed
under this Agreement.
(9) That in the event Edmonds must bring suit to enforce any of
the provisions of this Agreement and Covenants, Owners agree on behalf
of themselves, their heirs, executors, and assigns to pay all costs of said
litigation to Edmonds, together with a sum as and for reasonable
attorneys' fees.
IN WITNESS WHEREOF the parties have executed this Agreement
and Covenants this day of
OWNER:
CURTIS D. SMITH
DOLORES M. SMITH
STATE OF WASHINGTON )
) ss
COUNTY OF SNOHOMISH )
, 1976.
CITY OF EDMONDS:
MAYOR
ATTEST:
J
CITY CLERK
On this day of 1976, before me, the under-
signed,, a Notary Public in and for the State of Washington, duly commis-
sioned and sworn, personally appeared CURTIS D. SMITH and DOLORES
M. SMITH, his wife, to me known to be the individuals described in and
who executed the foregoing instrument, and acknowledged to me that they
signed the same as their free and voluntary act and deed for the uses and
purposes therein mentioned.
WITNESS my hand and official seal hereto affixed the day and year
in this certificate above written.
Notary Public in and for the State of
Washington, _residing at E d m o n d s