Loading...
20110921094322153.pdf0006•150.004B 09/07/90 R:10/9/90 AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF EDMONDS TO CHANGE THE ZONING DESIGNATION ON CERTAIN REAL PROPERTY COMMONLY KNOWN AS THE HAWLEY—MCCORKLE REZONE, NO. R-1-90, FROM RS -20 (SINGLE FAMILY --20,000 SQUARE FEET) AND CW (COMMERCIAL WATERFRONT) TO RS -12 (SINGLE FAMILY- -12,000 SQUARE FEET); AUTHORIZING EXECUTION -OF A CONCOMITANT ZONING AGREEMENT AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the Planning Board at a public hearing considered the following amendments to the Official Zoning Map and made their findings and recommendations which were forwarded to the City Council, and WHEREAS, the City Council after a public hearing reviewed the recommendations of the Planning Board and determined that the proposed amendment and agreement should be approved and adopted the Findings and Conclusions of its Planning Board; 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 Section 17.00.010 of the Edmonds Community Development Code, is hereby amended by changing the zoning classification of certain property hereinafter described from RS - 20 (single family residential --20,000 square feet) and CW (Commercial Waterfront), respectively, to RS -12 (single family WSS526390 -1- residential --12,000 square feet), subject to the Concomitant Zoning Agreement, Exhibit A, executed and recorded as provided herein. The legal description of the property rezoned is set forth in Exhibit B, attached hereto and incorporated herein by this reference as if set forth in full. The Council notes that paragraph 4 thereof states the City's agreement to vacate public right-of-way. Since such action can only be taken after public hearing and due deliberation, the Council has directed that this rezone ordinance be placed on its calendar only after and in conjunction with such vacation approval. 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 Clerk to attest to that certain document entitled "Concomitant Zoning Agreement Hawley-McCorkle Rezone," attached hereto as Exhibit A and incorporated herein by this reference as if set forth in full. IThe City Clerk is further directed to record said Concomitant Zoning Agreement with the Snohomish County Auditor as a covenant running with the land. The cost of said recordation shall be paid by the owners. Section 4. 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 WSS52639O -2- passage and publication of the ordinance or a summary thereof consisting of the title. ATTEST/AUTHENTICATED: APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: BY "C,,tT--C FILED WITH THE C TY CLERK: October 10, 1990 PASSED BY THE CITY COUNCIL: October 16, 1990 PUBLISHED: October 28 , 1990 EFFECTIVE DATE: November 2, 1990 ORDINANCE NO. 2800 WSS52639O -3- SMI• •�1 THiS AGREEMENT is made this date between Fred J. Hawley, Mary E. Hawley, Roger G. McCorkle and Ardeth J. McCorkle, also known as Howley-McCorkle, a general pls, hereafter referred to as "Owners", and the City of Edmonds, Washington, hereafter referred to as "City". WHEREAS, the City of Edmonds, Washington, a non -charter code city, under the laws of the State of Washington (Chapter 35A.63 RCW and Article 11, Section 11 of the Washington State Constitution) has authority to erect laws and enter into agreements to promote the health, safety and welfare of its citizens and thereby control the use and development of property within its jurisdiction; and WHEREAS, the Owners own certsin real property located in the City of Edmondi and more particularly described as set forth herein, and WHEREAS, the Owners have applied for a charge in the zoning classification of the subject property from Single -Family Residence 20,000 sq.ft. (RS 20) and Waterfront Commercial (CW) to Single -Family Residence 12,000 sq.ft. (RS 12) and WHEREAS, the City has caused the application in its entirety to be reviewed by its Planning and Engineering Departments and its Planning Board and has fully considered their recommendation made after such re%lev and the recommendations which the City finds to be appropriate are set forth herein, and WHEREAS, the Owners are willing to implement the following conditions in the course of the proposed developff*nt and have tendered this contract to the City, now, 0areforo, In consideration of the mutual benefits and conditions hereinafter contained, the Owner agreas that, in the eyent the City rest flea the property described herein from RS 20 and CW to RS 12, and for so long as the property remains so classified, Owners covenant and agree to be bound by the terms, conditions and agreements set forth as follows: 1. Owners are owners of that certain parcel of real property hereafter referred to as "subject property", situate in the City of Edmonds, Washington, and legally described as set forth on Exhibit A. 2. The Owners agree to dedicate the existing tots 8,9 and 10, Block 59 of the property to the City of Edmonds. The City will provide driveway access to the owners for the remaining property (lots 1 thru 7) through the northwest portion of lot 8 or from 75th Ave. W., (also known as Seaside Ave.). 3, The City agrees to dedicate the existing vacated westerly 30 ft. of 75th Pl. West, adjoining the easterly boundary of lots 1 thru 7, Block 59 of the property, to the Owners, 4. Notwithstanding any other provisions of the Edmonds City Code and Community Development Code, as now or may hereafter be amended or ree0fied, the Owners agree to limit use of the above described property (Lots 1 thru 7, Block 59, including vacated roads) to four (4) Single family residential building lots. 5. Amendments to this agreement may be me& by the Owners or the City upon application filed in the same manner as a rezone application; provided, however, no application shall be made by the Owners or the City to amend this agreement for a period of two (2) {pars from the date of this agreement. Thereafter, either the Owners or the City may, upon application, apply to amend or terminate the provisions and covenants of the agreement or to change the zoning on the subject property or any portion thereof. Said application shell be heard in the normal manner at appropriate public hearings as any other application fora rezone of property in the City of Edmonds. 6. The City shell be under no obligation to issue to Owners or their successors or assigns building permits, occupancy permits, or other permits or approvals for improvements on or use of the subject property unless such improvements or uses are consistent with the terms of this M agreement and the applicable City ordinances at the time of any application for such permit or approval. 7. This agreement, and each part of it, shell be considered a covenant running with the land covered hereby and shall be binding upon the Owners, their successors and assigns, and the City. This agreement shall be recorded with the Snohomish County Auditor in the Grantor/Grantee Index, with the Owners being listed as Grantors and the City as Grantee. All costs of such recordation and recordation of the transfer of Deeds to lots 8,9 and 10 and to the vacated road shall be paid by Owners. Such recordation and payments of costs shall be a condition precedent to the Owners exercising any rights under the terms of this agreement. 8. Nothing in this agreement shall be construed to restrict the authority of the City to exercise its police powers. 9. In the event any section, paragraph, sentence, term or clause of this agreement conflicts with applicable law, such conflict shall not affect other sections, paragraphs, sentences, terms or clauses of this agreement which can be given effect without the conflicting provision and to this end the terms of this agreement shall be deemed to be severable. 10. In addition to any otter remedies provided by law, the City or the Owners may at their discretion maintain a lawsuit to compel specific performance of the terms and conditions of this agreement or to otherwise enforce its provisions through injunctive or other remedies, and whichever party prevails in such action, it shall be entitled to recover all casts of enforcement, i rel tdi ng reasonable attorneys' fees. 11 . In the event any section, paragraph, sentence, term or clause of this agreement is found to conflict with applicable low, the City shall have the right to bring the proposed development before the City Council for further review and imposition of appropriate conditions to assure that the purposes for which this agreement is entered into are in W accomplished. DATED this day of —3- Dated �. __s i G, -,N day of anuar ` _, 1990. CITY OF EDMONDS _4 MAYOR, i ,JARRV NJkUG ATTEST HAWLEY-McCORI'J�y P By -4� . — FRED J. H . ry LEY General Partner By MARY E(.HPWLEY General Partner ROG k G. McCORKLE General Partner By �i.DETH J. A cCORKLE General Partner By Cis GAR W. YDAM By WILLIAM R. CHILDS -/ ?- yo STATE OF A'ASINGTON ) -, By J COUNTY CF Snob°v "S�`) RATREE CHILDS On this day personally appearded before me Fred J. Hawley, Vary E. Eawley, Roger G. McCorkle and Ardeth J. McCorkle, to me known to be the individuals described in and who executed the within and fore- going instrument, and acknowledged that they signed the same as their free and voluntary act and deed for the uses and purposes therin mentioned. GIVEN under my hand and official seal this 16 -4 -'day of , 1990. NOTARY PUBLIC in and for the State of Washington, residing at -4- EXHIBIT A Parcel A: Lots 1 to 10, inclusive, Block 59, Meadowdale Beach, as per plat recorded in Volume 5 of Plats, page 38, records of Snohomish County, Washington; EXCEPT the Easterly 40 feet of said Lots 1 thru 10 as measured at right angles to the Easterly boundaries thereof; ALSO EXCEPT that portion of lots 9 and 10 appropriated by Snohomish County for Public Highway by decree of appropriation entered in Snohomish County Superior Court Cause No. 37516; ALSO EXCEPT that portion of Lot 10, Block 59L, Meadowdale Beach, as per plat recorded in Volume 5 of Plats, page 38, records of Snohomish County, Washington, described as follows: Beginning at a point on the South line of Lot 10 South 89 46116" West, a distance 41.33 feet from the Southeast corner of said lot 10, Thence continuing South 89 46'16" West along said South line 30 feet Thence to a point on the Westerly margin of said South -line 30 feet Thence to a point on the Westerly margin of said Easterly 40 feet lying North -14 21'16" East a distance 30 feet from true point of beginning: Thence South 14 21116" West 30 feet to true point of beginning; TOGETHER WITH that portion of vacated street, as vacated by Edmonds City ordinance #2073, which upon vacation attached to said property by operation of law. All situate in the county of Snohomish, State of Washington. STATE OF WASHINGTON ) 1.) ss. COUNTY OF SNOHOMISH ) On this day personally appeared before me GARY W. SUYDAM, known to me 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 1990. .GLni NOTARY PUBLIC ,& and for the State of Washington, yesiding at f'� My commission commission expires MY COMMISSION EXPIRES 3.1.93 STATE OF WASHINGTON ) ss. COUNTY OF SNOHOMISH ) On this day personally appeared before me WILLIAM R. CHILDS, known to me 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 tinder my hand and official seal this Z(e & day of 1990. 19RY PUBLIC 'n and �orth�e State of Was ington, residing at rty commission expires STATE OF WASHINGTON ) ss. COUNTY OF SNOHOMISH ) On this day personally appeared before me RATREE CHILDS, known to me to be the individual described in and who executed the within and foregoing instrument, and acknowledged that he signed the same as her free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN unor my hand and official seal this � day of �� , 1990. ATARY PUBLIC in and for the State of Washington, residing at� comtission expires ql/ EXHIBIT B Parcel A: Lots 1 to 10, inclusive, Block 59, Meadowdale Beach, as per plat recorded in Volume 5 of Plats, p4ge 38, records of Snohomish County, Washington; EXCEPT the Easterly 40 feet of said Lots 1 thru 10 as measured at right angles to the Easterly boundaries thereof; ALSO EXCEPT that portion of lots 9 and 10 appropriated by Snohomish County for Public Highway by decree of appropriation entered in Snohomish County Superior Court Cause No. 37516; ALSO EXCEPT that portion of Lot 10, Block 59, Meadowdale Beach, as per plat recorded in Volume 5 of Plats, page 38, records of Snohomish County, Washington, described as follows: Beginning at a point on the South line of Lot 10 South 89 46'16" West, a distance 41.33 feet from the Southeast corner of said lot 10, Thence continuing South 89 46'16" West along said South line 30 feet Thence to a point on the Westerly margin of said South line 30 feet Thence to a point on the Westerly margin of said Easterly 40 feet lying North 14 21'16" East a distance 30 feet from true point of beginning: Thence South 14 21'16" West 30 feet to true point of beginning; TOGETHER WITH that portion of vacated street,. as vacated by Edmonds City ordinance #2073, which upon vacation attached to said property by operation of law. All situate in the county of Snohomish, State of Washington.