Resolution 592PLANNING COMMISSION
RESOLUTION N0.592
A RESOLUTION TO THE CITY COUNCIL OF THE CITY OF EDMONDS RECOM-
MENDING APPROVAL OF A PROPOSED AMENDMENT TO THE OFFICIAL ZONING
MAP TO CONTRACT REZONE FROM RS-20 TO CW THE NORTHWEST CORNER
OF 162ND AVENUE WEST AND 75TH PLACE WEST AS SET FORTH IN FILE
#R-2-77
WHEREAS, the Planning Commission of the City of Edmonds,
pursuant to proper notice and publication, held a public hearing
on a proposal to amend the Official Zoning Map to contract rezone
from RS-20 to CW the northwest corner of 162nd Avenue West and
75th Place West; and
WHEREAS, the existing 1,000 gallon fuel tank on the
Laebugten Wharf poses a fire safety threat to the Wharf users
as well as the surrounding community; and
WHEREAS, the rezone site would provide a safe and
convenient location for a fuel storage tank for Laebugten Wharf;
and
WHEREAS, the conditions offered by the applicant in
the contract will minimize adverse impacts from the proposed
rezone and will make the proposal compatible with the surrounding
single family uses; and
WHEREAS, there is a finding of no significant adverse
environmental impact on the proposed amendment; and
WHEREAS, said amendment is necessary to promote the
public health, safety and general welfare; now therefore
BE IT RESOLVED, that the Planning Commission recommends
and forwards to the City Council of said City, that the proposed
amendment to the Official Zoning Map as set forth in Exhibit
"A", "B" and "C" attached hereto, be approved.
DATED this a6 day of April, 1978.,,
A
aiNnIan tamonas cunning commission
FILE: R-2-77
HEARING: 5/25/77 &
6/8/77
INITIATED BY: Kauffman Di/ector
uniF,y veveiopment
5000 Go/%n
r
Fuel Tonle17-Cocotion
o�
Sco%:
?o
LOT /D, DLOC/r ,59, PLAT OF
/l4fAD0A1D,4Lf 5E,9CH, r'01.J-,,-
SNOHOM/LfH COUNTY, GY.9SH/N070,lY.
1
P . C , RES . #592
EXHIBIT "A"
_ GROUP FOUR, Inc. 11' L 07 ILA N
! 19707 99th Avenue West
r' Lynnwood, Washington 9803E . 206 77511581 1
• •YIIV[YIMalmu IM• ►LAMMIM■ MAMAOOIOff l6/// 76fh P/oce Neil ei• ' '
a11fyIIM• J •
DRAWN BY b19fHarr :.'• % ^. ^. ; CHECKED BY APPROVED BY ECIIMI)df h'L'�hingfan
77 77?
CONTRACT REZONE AGREEMENT AND COVENANT
AGREEMENT AND COVENANT between STANLEY KAUFFMANN and
DA.PHNE KAUFF LZ�Nbr, his wife, K. EDMUNDS NORTHFIELD
Li>S ,a , WILLIAM 0. NORTHFIELD
L' • 1-- 7 , and NANCY IRENE
NORTHFIELD � r� -ry ._-- rZ ij =' tiL �3 hereafter
jointly and sev ally referred to as "Owners," and the CITY
OF EDMONDS, a municipal corporation.
WHEREAS, Owners are the owners of real property situate
in the City of Edmonds, Snohomish County, Washington, and
more particularly described as follows:
Parcel A, Lot 10, Block 59, Meadowdale Beach, according
to plat thereof recorded in Volume 5 of Plats, page 38,
records of Snohomish County, Washington,
WHEREAS, the Owners have made application to the City
of Emonds for a Contract Rezone from Single -Family Residence—
20,000 square feet (RS-20) to Waterfront Commercial (CW)
for the purpose of installing a gasoline -fuel storage tank
capable of storing 5,000 gallons, and
WHEREAS, the Owners have offered to tender to the City
of Edmonds this Agreement and Covenant respecting limitations
on the use of the property, and
WHEREAS, the covenants and agreements herein are intended
to constitute the basis for the rezone set forth above and
are intended to be effective from the effective date of said
rezone, and
WHEREAS, the use of the subject property will have a
substantial relation to the people, land and resources,
health, welfare, safety and morals of the citizens of the
City of Edmonds, and the Owners recognize the need for the
control, cooperation and securing the proper deve.l.onment of
the property to be compatible with the surrounding uses,
NOW, THEREFORE, IT IS HEREBY AGREED as follows:
1. The property which is the subject of this Agreement
is legally described as follows:
Parcel A, Lot 10, Block 59, Meadowdale Beach,
according to plat thereof recorded in Volume
5 of Plats, page 38, records of Snohomish
County, Washington.
2. This Agreement is tendered to the City of Edmonds
by the Owners, and said Agreement is hereby accepted
Page one
FXHIMT B
by the City of Edmonds. All parties agree that it
is applicable to the parties to this Agreement,
their heirs, successors, assigns and future owners
or users of the subject property, both as to
duties and benefits. The Owners agree that this
Agreement will be specifically enforceable in
equity by the City of Edmonds.
3. The City of Edmonds is under no obligation to
issue to Owners, their successors or assigns,
building or other permits for improvements or
structures on the subject property, unless such
improvements comply substantially with the site
plan attached hereto, with the terms of this
Agreement and with applicable ordinances at the
time of application for said permits.
4. This Agreement and each part of it shall be con-
sidered a covenant running with the land described
in this Agreement and shall be binding upon the
Owners, their successors and assigns, and shall be
recorded with the Snohomish County Auditor in the
Grantor --Grantee Index, with the Owners being
listed as Grantors and the City of Edmonds, as
Grantee, all the costs of such recording shall be
paid by the Owners. Payment of said costs shall
be a condition precE!dent to exercising any rights
under the terms of this Agreement.
5. This Agreement and Covenant is conditioned upon
said legally described property being rezoned from
Single -Family Residence--20,000 square feet (RS-20)
to Waterfront Commercial (CW)
6. Owners and their successors or assigns shall be
limited in the use and development of the above -
described property to the installation of one
5,000-gallon gasoline -fuel storage facility,
subject to the following additional limitations:
a. Said fuel -tank facility shall be entirely
buried underground, except for necessary
venting and filling tubes.
b. Owners shall restore the surface of the
subject property to the contours as now
exist.
C. No permanent above -ground structure shall be
installed on the subject property, except for
necessary venting and filling tubes of the
fuel -storage tank.
Page two
d.. Said fuel_ tank e.hal 1 be located on the
property as set forth on the s,ite nlnn
nttached hereto, and incorpnrated in full
by tiai.s reference.
7. Owners agree to dedicate a strip of land on the
Pnsterly 1101 existing r^nd portion of tide property
to the City of Fdmond.s for The
location of slid dedication is more part.i-.ularly
describf�(I on the site plan +t.t,ar'.?c d lrevPt;n.
�. The Owners a�rec that, in the event it is necessary
for the C_ity of Fdmonds to bring 1^gal action to
enforce the provision of this Afrreoment, the
0,Wners i,r11.1 pay costs, rensr,nalbr! fees
and rcnsonat�le exnert witnE?.-^ fcce: a^ determined
by the court in the event thr; Olt,)* r,f Fdi7^,l':, 1:
siicce::cf;iI in the suit,
Owners °I':all furnish, at their sole exnen-,e, suit-
able title report for the subject property.
1.1, rs', at l,he i r sole exnense, siinl 1 perm.�nontly -e-
move t.hcex i s t i nrr fiiel tank on t,hr I,a^buE_ t.en Fishing
T.d}1ar°f . Thereafter no nther fuel ,toraf~ � tan;c shall be.
plaCF'.0 or ?'llnil'ltnlned on the L:)nbuf7t,r`n Fis
'rlharf. Rerno�,al of said .fuel t,-inlc be (affected
.as soon aF, possible after instal]ntinn ofthr; r,000-
gallnn fuel storage .facility to be located on the
subject property,
11. No application s1lia1.1 he iride by rwners or their
successors or assif7n- to amend this Agreement for a
period of two ,years from the date oP this Agreement.
Thereafter, either -Owners or their sucoes^o.rs or
assigns or the City of rdmonds may, upon application
filled in the same manner as P rezone application,
apply to amend n-i- terminate the prnvisi.ons and
coven<nts of this Agreement or to ^iiange the zoning
of subject 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 applica-
tion for a rezone of property. Such action by the
City of Edmonds shall. not: release the Owners or
their successors or assigns from the obligations
and duties assiimed under this -iggreement.
TN WITNESS WHEREOF the parties have executed this Agreement
on this �.?, day of �dn , 1978
QUIT CLAIM DEED
THE GRANTORS, STANLEY KAUFFMANN and DAPHNE KAUFFMANN,
his wife, K. EDMUNDS NORTHFIELD, WILLIAM 0. NORTHFIELD and
NANCY IRENE NORTHFIELD, for and in consideration of mutual
benefits to be derived convey and quit claim to the CITY OF
EDMONDS, WASHINGTON the following described real estate,
situate in Snohomish County, State of Washington, �_ncliding
any interest therein which Grantors may hereafter acquire:
That portion of Lot 10, Block 59, in the Plat of
Meadowdale Beach as recorded in Volume 5, of
Plats, page 38, Records of Snohomish County,
Washington, described as follows:
Beginning at the northeast corner of said Lot;
thence southerly along the east line of said Lot a
distance 60 feet to the southeast corner of said
Lot; thence, westerly along the south line of said
Lot; 38 feet; thence, northerly on a straight line
to its intersection with the north line of said
Lot said intersection being 33 feet west of the
northeast corner of said Lot; thence, easterly
along the north line of said Lot, 33 feet to the
true point of beginning.
DATED this ' day of
1978.
GRANTORS .
r�
Stanley/Kauffm nn /Daphne Kauffman
K. Edmunds Northtleld William 0. Northfield
Nancy Irene Northfield
P.C. RES . #592
EXHIBIT "C"
STATE OF WASHINGTON )
) ss.
COUNTY OF SNOHOMISH )
On this day personally appeared before me STANLEY
KAUFFMANN and DAPHNE KAUFFMANN, his wife, 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 of ial seal 'sT
day'of c , 1978.
Nvt
- lid n and for the
S of Washington, residing
a
STATE OF WASHINGTON )
4Gc� �. ) ss.
COUNTY OF -SH )
On this day personally appeared before me K.
EDMUNDS NORTHFIELD, to me known 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 1978.
_7
Ptary Public in and fo1r the
,State f Washington, residing
at
STATE OF W215iff2=0N)
tv" C 1'�1 11 q ) s s .
COUNTY OF )
On this day personally appeared before me WILLIAM
O. NORTHFIELD, to me known 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 1978.
No Public n and for the
tate of a residing
a t 14 -1 4 y ss ; �, r' %1 11
..t�sx.ti� y
—2— r
STATE OF WASHINGTON )
) ss.
COUNTY OF SNOHOMISH )
On this day personally appeared before me NANCY
IRENE NORTHFIELD, to me known to be the individual described
in and who executed the within and foregoing instrument, and
acknowledged that she signed the same as her free and voluntary
act and deed, for the uses and purposes therein mentioned.
Given under my hand and official seal this ,fg
day, of�,^ , 1978.
z2z
bYotary Public En and for the
State of Washington, residing
at t
-3-