Resolution 464i
PLANNING COMMISSION
RESOLUTION NO. 464
A RESOLUTION TO THE CITY COUNCIL OF THE CITY OF EDMONDS RECOMMENDING
APPROVAL OF A PROPOSED AMENDMENT TO THE OFFICIAL ZONING MAP OF THE
CITY OF EDMONDS TO REZONE FROM MULTIPLE RESIDENTIAL HIGH DENSITY (RMH)
TO COMMUNITY BUSINESS (BC) WITH CERTAIN CONDITIONS AND RESTRICTIONS
SET FORTH IN CONTRACT, THAT PROPERTY DESCRIBED IN PLANNING COMMISSION
FILE NO. R-10-74
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 Map of said City to re-
designate certain real property from Multiple Residential, High Density
(RMH) to Community Business (BC) subject to certain conditions and
restrictions, and
WHEREAS, having made the findings set forth in "Exhibit A"
attached hereto, the Planning Commission determined that the real property
described in "Exhibit B" attached hereto, subject to conditions and
restrictions set forth in contract attached as "Exhibit C", should be
redesignated; now, therefore,
BE IT RESOLVED that recommendation be and the same hereby is
made to the City Council of the City of Edmonds, that the proposed
amendment be approved.
DATED as of the 8th day of January, 1975.
ChaiJman, Edmonds Planning Commission
7 to
Edmonds City P1 nner
File No: R-10-75
Applicent: Raymond H.Lehde,Jr.
Hearing Date: 1-8-75
P.C.Resolution No. 464
"EXHIBIT A"
The Planning Commission, in public hearing on January 8, 1975,
established the following findings:
1. That the hotel located at 203 Bell Street is on the State
Historical Register.
2. It has a significant contribution to make to the heritage
of the community of Edmonds.
3. It would be in the best interest of the community of Edmonds
that the building be preserved in as near the original state
as possible.
4. There are no public funds to rehab -the building in the forseeable
future.
11CVUTRTT Q11
Legal property description:
The south 30 feet of Lot 11 and all of Lot 12, Block 8, Plat of Edmonds.
RES.#464
AMENDMENT TO CONTRACT Au..-EMENT RECOMMENDED BY CITY ATTU_aEY 1-13-75
ADDENDUM TO RESOLUTION NO. 464 "EXHIBIT C"
Applicant recognizes potential problems created
by the lack of off-street parking.
Therefore,' Applicant, on behalf of himself, his
heirs, executors, assigns or successors in interest does
hereby waive any right of protest and agrees to sign any
petition for the formation of a local improvement district
to provide parking facilities or other business improve-
ment district to provide such parking or otherwise parti-
cipate in any municipal parking project through "in lieu
of" payments or other method of charges for any such type
of parking facility that includes the Applicant's property
within the zone or areas benefited by the proposed parking
facility.
P.C. RESOLUT-10N NO. 464
"EXHIBIT C"
AGREEMENT AND COVENANTS
THIS IS AN AGREEMENT AND COVENANTS BETWEEN RAYMOND C. LEHDE JR.,
hereinafter referred to as "OWNER" and the CITY OF EDMONDS, a municipal
corporation, hereinafter referred to as "EDMONDS".
WITNESSETH:
WHEREAS, the Owner has ownership of certain land described as
follows: 203 Bell Street, the "Old Hotel", which is situate in the
City of Edmonds, Washington, and
WHEREAS, the Owner has made application to Edmonds for a rezone
from Multiple Residential, High Density (RMH) to Community Business (BC),
in order that Owner be enabled to restore said premises to their original
function as an Hotel providing complete hotel services to its guests and
visitors, and
WHEREAS, the Owner has offered to tender Edmonds this Agreement and
Covenants respecting limitations relative to the commercial operation
of 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, an historic site listed on
the Washington State Register of Historic Places, will have substantial
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, now, therefore,
1
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 his
successors or assigns a building permit for improvements or expansion
upon any of the property of 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. Such recordation and 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:
The South 30 feet of Lot 11 and all of Lot 12, Block 8, Plat of
Edmonds
(5) This Agreement and Covenants is conditioned upon said legally
described property being rezoned from Multiple Residential, High Density
(RMH) to Community Business (BC).
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(6) The Owner of the above -described real property shall operate
said premises as an bona fide Hotel offering all. such services as are
normally incidental to the operation of an hotel which, in order to
properly accomodate its guests and visitors, may include a Dining Room,
Bar, Laundry Service, Gift Shop, Antique Shop, Cigar Store, News Stand,
Travel Agency, Limousine Service, Florist, Coffee Shop, Snack Bar. All
other uses permitted in the BC zone which are not related to hotel use
shall be excluded.
(7) The Owner of the described property shall rehabilitate the
existing structure to as near original design and appearance as possible
and agrees that such work shall be subject to Amenities Design Board
review. The Owner shall conform to the site plan submitted with this
contract as (Exhibit A) and approval in accordance with Chapter 12.20 of
the Edmonds City Code.
(8) Owner agrees that all rehabilitation work shall be done in
such a manner that will cause no unusual noise or disturbance in the
area neighborhood and that no unsightly debris shall be allowed to
accumulate nor any nuisance be created. After exterior work is completed,
the property grounds shall be properly planted and landscaped in a manner
which shall harmonize with the surrounding uses as well as with the style
of the Old Hotel itself, subject to Amenities Design Board review and
approval.
(9) No applications shall be made by Owner of his successors or
assigns to amend this Agreement and Covenants for a period of two (2)
years from the date of this Agreement. Thereafter, either Owner or his
successors or assigns, or Edmonds may, upon application filed in the same
manner as a rezone application, apply to amend or terminate the provisions
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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 Owner or his successors or assigns from the obligations
assumed under this agreement.
(10) That in the event Edmonds must bring suit to -enforce any of the
provisions of this Agreement and Covenants, Owner agrees on behalf of
himself, his heirs, executors and assigns, or successors in interest,
to pay all costs of said litigation to Edmonds, together with a sum
as and for reasonable attorney's fees provided the city prevails.
IN WITNESS WHEREOF the parties have executed this
Agreement and Covenants this day of 1974.
OWNER
CITY OF EDMONDS
MAYOR
ATTEST:
CITY CLERK
STATE OF WASHINGTON )
) ss.
COUNTY OF SNOHOMISH )
On this day of 1974, before me, the
undersigned, a Notary Public in and for the State of Washington,
duly commissioned and sworn personally appeared
. to me known to be the individual
described in and who executed the foregoing instrument, and
acknowledged to me that he. signed and sealed the said
instrument as his 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
G�
STATE OF WASHINGTON
) ss.
COUNTY OF SNOHOMISH
On this day of , 1974, before me, the
undersigned, a Notary Public in and for the State of Washington,
duly commissioned and sworn personally appeared H. H. HARRISON,
Mayor of the City of Edmonds and IRENE VARNEY MORAN, City Clerk
of the City of Edmonds, to me known to be the individuals
described in and who executed the foregoing -instrument, and
acknowledged to me that they signed and sealed the said
instrument 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
A