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20110919104717758.pdf0006.900000 WSS/gjz 6/15/01 E1117-Vil/-\Ci1ALMI-01MV11-11 AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF EDMONDS TO CHANGE THE ZONING DESIGNATION OF CERTAIN REAL PROPERTY LOCATED AT 551 ELM WAY, COMMONLY KNOWN AS THE FOURNO REZONE, "FrL NO. R-2001-3+, FROM RM -2 TO RM -1.5; AUTHORIZING EXECUTION OF A CONCOMITANT ZONING AGREEMENT, AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. WHEREAS, the Planning Board at public hearing considered an amendment to the official zoning map and made its findings and recommendations to the City Council, and WHEREAS, the City Council, after public hearing and review of the recommendations of the Planning Board has determined that the proposed amendment, if approved in conjunction with a proposed concomitant zoning agreement, conforms to the review criteria of the Edmonds Community Development Code and should be approved and therefore adopts the findings and conclusions of its Planning Board, and WHEREAS, the City Council in making its determination that the rezone application comports with the review criteria set forth in ECDC 2.40, specifically concludes that the use of the property by the applicant mirrors the land uses and zoning of surrounding properties, and that changes within the immediate vicinity of the property justify approval of the rezone, and WHEREAS, the City Council specifically notes and finds that testimony presented by the applicant regarding issues personal to the applicant, such as her retirement, the {WSS482393.DOC;1/00006.900000/} - I - valuation of the property and her reliance on representations that the property could be used for a duplex, are not relevant to the City Council's determination and have not been considered as a basis for the approval of this rezone, and WHEREAS, the City Council finds that the property is suitable for use in the zoning category proposed as limited by the concomitant zoning agreement and consistent with the use of surrounding properties as well with its comprehensive plan, 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 action of the City Council, is hereby amended to change the zoning classification of certain real property located at 551 Elm Way, and legally described in file No. R-2001-34 and the attached Exhibit B from RM -3 (multiple residential -3,000 square feet) to RM -1.5 (multiple residential - 1,500 square feet), subject to a concomitant zoning agreement, attached hereto as Exhibit A and incorporated by this reference as fully as if herein set forth, and conditioned upon execution recording of the document as provided herein. The legal description of the property is set forth in Exhibit B, attached hereto and incorporated by this reference as fully as if herein set forth. 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 Cleric to attest to, a document entitled "Covenant Regarding Use and Future Development", attached hereto as Exhibit A and incorporated by this reference as fully as if herein set forth and referred to herein as a concomitant zoning agreement. The City Cleric is further directed to record said {WSS482393.DOC; 1 /00006.900000/) - 2 - concomitant zoning agreement with the Snohomish County Auditor as a covenant running with the land. The cost of such recordation shall be paid by the applicant/owner. Section 4. Effective Date. 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 passage and publication of an approved summary thereof consisting of the title. M OR G Y HAAKENSON ATTEST/AUTHENTICATED : CITY CLERK, SANDRA S. CHASE APPROVED AS TO FORM: OFFICE OFT E Cl ATT EY: BY W. SCOTT SNYDER FILED WITH THE CITY CLERK: 06/22/2001 PASSED BY THE CITY COUNCIL: 06/26/2001 PUBLISHED: 07/13/2001 EFFECTIVE DATE: 07/18/2001 ORDINANCE NO. 3368 {WSS482393.DOC;1/00006.900000/} -3 - SUMMARY OF ORDINANCE NO. 3368 of the City of Edmonds, Washington On the 26th day of June, 2001, the City Council of the City of Edmonds, passed Ordinance No. 3368. 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 OFFICIAL ZONING MAP OF THE CITY OF EDMONDS TO CHANGE THE ZONING DESIGNATION OF A CERTAIN REAL PROPERTY COMMONLY AS THE FOURNO REZONE, FILE NO. R-2001-31 FROM RM -2 TO RM -1.5; AUTHORIZING EXECUTION OF A CONCOMITANT ZONING AGREEMENT, 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 June, 2001. cam. CITY CLERK, SANDRA S. CHASE (WS S482393.DOC; 1/00006.900000/} - 4 - A When Recorded Return To: City of Edmonds 121-5" Avenue North Edmonds, WA 98020 Document Title: Contract Rezone Reference No.: R - 20 QI- 34 Grantor(s): Ines Angiono FourndGrantee(s): The Citv of Edmonds Legal Description: Lot 8, Highland park, according to. the Plat thereof recorded in Volume 23 of Plats, page 76, Records of Sno. Assessor's Parcel #: 00 4722 000 008 00 & 00 4722 000 008 01 ,• � / � \ � ►� �:�xh1 : 1 1� ll l y 1: it /; � ' ►� 1 ►Y WHEREAS, Ines Angiono-Fourno (Grantor) is the owner of the real property described in Exhibit A attached hereto, and WHEREAS, The City of Edmonds is a municipal corporation (referred to herein as Grantee), within the boundaries of which the real property described in Exhibit A above is located, and WHEREAS, the Grantee has approved a re -zone of the real property described in Exhibit A attached hereto from RM - 3 to RM - 1.5, on the condition that the future development of the subject real property is restricted in the manner set forth in Section 3 below, and the Grantor is desirous of restricting the future development of the subject real property and obtaining the re- zone referred to herein, the Grantor does hereby covenant and agree as follows: 1. Consideration. This agreement is made for and in consideration of the re -zone referred to above and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged. Covenant Regarding Future Development - 1 2. Future Development Restricted. Any future use, development, modification or improvement of the subject real property shall be subject to the setback restrictions applicable to the RM -3 zoning designation, and shall be limited to no more than three (3) dwelling units, provided, however, that these limitations may be modified, repealed, or otherwise left in accordance with the provisions of paragraph 3 below. 3. Amendment or Repeal. This contract may be amended or terminated in the same manner and pursuant to the same procedures applicable to a rezone of the real property described in Exhibit A under the ordinances in effect at the time such application is made to the City of Edmonds. Grantor covenants that she shall not initiate a rezone request or attempt to terminate or amend this agreement within five (5) years from the date of execution of this covenant. 4. Covenant to Run With the Land. The restriction contained herein shall be a covenant running with the land, and shall be binding upon the Grantor, her heirs, executors and assigns forever. DATED this N day of -2001. INES ANG NO-FOURNO, Grantor STATE OF WASHINGTON) )ss. COUNTY OF SNOHOMISH) On this day personally appeared before me Ines Angiono-Fourno to me known to be the individual described in and who executed the within and foregoing instrument and acknowledged to me that she signed the same as her free and voluntary act and deedfor the uses and purposes therein mentioned. GIVEN under my hand and official seal this day of 2001. ®P. J 140TAR r �� ; `NOTARY PUBLI in and for the Sta a of ° Washington, o residin at %•..9_ y 903. r My commission expires: � s Covenant Regarding Future Development - 2 Exhibit _ (Legal Description - Foumo/Edrnonds Covenant.) Lot 8, Highland Park, according to the Plat thereof recorded in Volume 23 of Plats, page 76, Records of Snohomish County, Washington, subject to: All easements, restrictions, reservations and agreements of record, if any. STATE Or WASHINGTON, COUNTY OF SNOHOMISH, 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 #3368 ...................... .............. ......... ...... . ...... ................. .............. — ............. I ....... City of Edmonds .......... —.1 ........... .......... ................ .................. ......... ......................... ..... I ... - ..... I ...................... .... — ..................................................... 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: July 13, 2001 .......... I.- .... — ......... -- ............. .................. — ........ ...... ....... ......................... ........ .... .................. * ...... * ....... ..... ...... ............................... ........ nd that said newspaper was re distribut d to its subscribers of said plri4 ................ ....... ......... .... .. ..... ... incip Clerk Subscribed and sworn to me this ..... ...... ... 13th ........ July daof .. .. ... .... ................. ... - ..... 1— ..... .. ntWf -'�-t- ar� Public and ......... or e ... tary Public in and for he S1 J� 0 sh residing a� ornish "j rill 'o% 20...1... ... ................................... 4e of Washington, aunty, 11 -1 11-VEZA-1 J U L 1 9 2001 B-2- 1 EDMONDS CITY CLERK