Ord 2123 R-11-79.pdfWHEREAS, the Union Oil Company of California is owner
of certain property presently located in unincorporated Snohomish
County, and has signed a petition for annexation of said property
into the City of Edmonds, and
WHEREAS, the City of Edmonds, Washington, has received
a petition for annexation from the Union Oil Company of California
for certain real property, the legal description of which is set
forth below, and
WHEREAS, the proposed annexation was submitted to the
Snohomish County Boundary Review Board more than 60 days prior to
February 19, 1980, and the Board's jurisdiction has not been
invoked pursuant to RCW 36.93.100, and
WHEREAS, pursuant to the petition for annexation, the
City Council has determined that the property shall be assessed
and taxed at the same rate and on the same basis as property
V E D
S'G
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G.17.Ct✓t_-€�.-�/
ORDINANCE NO. 2123
AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON,
DESIGNATING THE ZONING CLASSIFICATION FOR CERTAIN
PROPERTY PROPOSED TO BE ANNEXED INTO THE CITY AS
COMMERCIAL WATERFRONT (CW) AND CERTAIN OTHER PRO-
c������!`td iUIY
PERTY PROPOSED TO BE ANNEXED INTO THE CITY AS
OPEN SPACE (OS); PROVIDING THAT SAID ZONING
rEB 211980
CLASSIFICATIONS ARE TO BE EFFECTIVE UPON ANNEXA-
TION OF SAID PROPERTY; AUTHORIZING THE MAYOR TO
EXECUTE AN AGREEMENT AND COVENANT, PURSUANT TO
PLANNING COMMISSION RESOLUTION NO. 637; ANNEXING
CERTAIN REAL PROPERTY TO SAID CITY PURSUANT TO
THE PETITION METHOD; AND ESTABLISHING THE
EFFECTIVE DATE OF ANNEXATION.
WHEREAS, the Union Oil Company of California is owner
of certain property presently located in unincorporated Snohomish
County, and has signed a petition for annexation of said property
into the City of Edmonds, and
WHEREAS, the City of Edmonds, Washington, has received
a petition for annexation from the Union Oil Company of California
for certain real property, the legal description of which is set
forth below, and
WHEREAS, the proposed annexation was submitted to the
Snohomish County Boundary Review Board more than 60 days prior to
February 19, 1980, and the Board's jurisdiction has not been
invoked pursuant to RCW 36.93.100, and
WHEREAS, pursuant to the petition for annexation, the
City Council has determined that the property shall be assessed
and taxed at the same rate and on the same basis as property
V E D
S'G
0C
G.17.Ct✓t_-€�.-�/
Within the City of Edmonds for any existing indebtedness of the
City, and
WHEREAS, pursuant to RCW 35A.14.330 - .340, the Edmonds
Planning Commission has held a public hearing on the proposed
zoning classification for the Union Oil property to be effective
upon annexation and the Edmonds City Council has held two or more
public hearings at least thirty (30) days apart upon the proposed
zoning classification, and
WHEREAS, notice of the public hearings has been duly
published as provided by law and City ordinance, and
WHEREAS, the Union Oil Company of California has tend-
ered to the City a "Concomitant Zoning Agreement" respecting
certain conditions and limitations on the property upon its being
annexed into the City and zoned as set forth in this Ordinance,
WHEREAS,,in accordance with Planning Commission Resolu-
tion No. 637, the City Council has held a public hearing and
after considering the limitations and conditions as imposed by
the Concomitant Zoning Agreement tendered by Union Oil to the
City has determined the following:
1. The property presently consists of an oil storage
and distribution facility, which has existed for over 50 years in
the County, and the area known as Union Oil Marsh which has been
and is intended to remain undeveloped.
-2-
2. The proposed zoning classifications are consistent
with the intents and purposes of the City's Comprehensive Policy
Plan and the Shorelines Master Program.
3. As limited by the Concomitant Zoning Agreement the
proposed zoning is compatible with existing County zoning and the
existing and contemplated uses of the property and the existing
and contemplated uses of surrounding property both within and
without the City of Edmonds.
4. The proposed zoning will not be detrimental to the
surrounding properties or uses either within or without the City
of Edmonds and will be in the best interest of the public health,
safety and general welfare.
5. The City Council has set the date of February 19,
1980, as the date for public hearing on the zoning and annexation
of the property and caused due and proper notice of said hearing
to be posted and published as required by law.
6. In accordance with the findings of the City of
Edmonds' Responsible Official, the City Council finds that the
proposed annexation will have no significant adverse environmental
impacts.
7. The City Council finds that the proposed annexation
will be in the best interest of the public health, safety and
general welfare, now, therefore,
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO
ORDAIN AS FOLLOWS:
-3-
Section 1. There has been filed with the City Council
of the City of Edmonds, Washington, a petition in writing, signed
by owners of more than seventy-five percent (75%) in value,
according to the assessed valuation for general taxation of the
property for which annexation was petitioned; that said petition
set forth a legal description of said real property; and said
petition was accompanied by a plat or drawing, outlining the
boundaries of the property sought to be annexed; and that prior
to the filing of said petition, the City Council indicated its
tentative approval of such annexation.
Section 2. Tuesday, February 19, 1980, was set as the
date for public hearing on said petition; notice of such hearing
was published in the Western Sun edition of the Everett Herald,
a newspaper of general circulation in the City of Edmonds and
the area to be annexed, notice of such hearing was also posted in
three places within the territory proposed for annexation; said
notice specified the time and place for such hearing and invited
persons interested to appear and voice approval or disapproval of
the annexation.
Section 3. The territory proposed by said petition to
be annexed to the City of Edmonds is situate in Snohomish County,
Washington, is contiguous, proximate and adjacent to the present
corporate limits of the City of Edmonds and is more particularly
described in Exhibit "A", attached hereto and incorporated in
full by this reference.
WIM
Section 4. The territory set forth in this Ordinance
and for which said petition for annexation is filed, should be
and the same is hereby made a part of the City of Edmonds.
Section 5. Pursuant to the petition for annexation the
property shall be assessed and taxed at the same rate and on the
same basis as property in the City of Edmonds for any now out-
standing indebtedness of the City including assessments or taxes
in payment of any bonds issued or debts contracted, prior to or
existing at the effective date of this annexation.
Section 6. The Official Zoning Map of the City of
Edmonds, Washington, is hereby amended by designating the zoning
classification of the following described parcel of property
situate in the City of Edmonds, Washington, as Commercial Water-
front (CW). The legal description of the property is set forth
on Exhibit "B", attached hereto and incorporated by this reference
as if set forth in full.
Section 7. The Official Zoning Map of the City of
Edmonds, Washington, is hereby amended by designating the zoning
classification of the following described parcel of property
situate in the City of Edmonds, Washington, as Open Space (OS).
The legal description of the property is set forth on Exhibit
"C", attached hereto and incorporated by this reference as if set
forth in full.
Section 8. The Director of Planning and the Director
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of Public Works are hereby authorized and directed to effectuate
the necessary amendments to the Official Zoning Map of the City,
pursuant to this Ordinance.
Section 9. The Mayor is hereby authorized to execute
and the City Clerk to attest to that certain document entitled
"Concomitant Zoning Agreement" consisting of 9 typewritten
pages which was executed by the owners of the above described
properties on the 18 day of February , 1980, and
tendered to the City. The City Clerk is further directed to
record said Concomitant Zoning Agreement with the Snohomish
County Auditor as a covenant running with the land. All costs of
recordation shall be paid by the owner.
Section 10. The City Clerk is hereby directed to file
a certified copy of this Ordinance with the Snohomish County
Auditor and with the Snohomish County Board of Commissioners.
Section 11. This Ordinance shall be in full force and
effect and the area annexed shall become a part of the City of
Edmonds on the 25 day of February, 1980.
APPROVED:
MAYOR, H. H. HARRISON
ATTEST/AUTHENTICATED:
t
CITY CLERK, IRENE RNEY MORAN
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
BY
FILED THE CITY CLERK: February 12, 1980
PASSED BY THE CITY COUNCIL: February 19, 1980
POSTED: February 20, 1980
EFFECTIVE DATE: February 25, 1980
CORRECTED LEGAL DESCRIPTION EXHIBIT "A"
LEGAL DESCRIPTION FOR PROPOSLD ANNEXATION
OF THE UNION OIL PROPERTY TO T111- CITY OF EDMONDS
Th ptn of the N 1/2 of Scc 26 TuT) 27 N Rge 3 E, W.M., in Snohomish County, Washingtorn,
daf:
Beg at a concrete monument at then int of the N In of sd Sec 26 and the W'ly mgn of the
Burlington Northern r/w; th S 88 SS'41" E alg the N In of sd Sec 26, a dist of ISU1.8] ft
to the Wily mgn of the r/w of SR 104 he the exist city limits of Edmonds; th S 1008'S4" 6'
alg sd r/w mgn and city limits a dist of 895.44 ft; th S 12049'15" h' alg sd r/w mgn and
city limits a dist of 342.911 ft; th S alg city limits tap on the S In of the N 1/2 of the
N 1/2 of sd Sec 26; th N 88051146" 1, alg sd S In tap on the outer harbor ln; th N 1703'0' E
alg sd outer harbor In tap on the N In of sd Sec 26, sd pt he on the Edmonds Cite Limits;
th S 42®34'34" E alg sd city limits tap on the W'ly mgn of the Burlington Northerr, r//�';
th N 47025126" E alg sd W'ly mgn tap on the N In of sd Sec 26, sd pt be the TPOL.
EXHIBIT "B"
Page l-
_
-
I
THAT PORTION OF GOVERNMENT --LOT I AND OF TIDELAND, LOT 1, IN SECTION
TOWNSHIP 27 NORTH, RANGE .3 EAST, W.Nl.-, IN SNOHOMISH COUNTY, WASHING -
N, LYING WESTERLY OF THE 'WESTERLY LINE OF THE GREAT NORTHERN RAILWAY
MPANLY RICHT-OF-WAY .AS
AS CONVEYED BY INSTRUMENT RECORDED IN VOLUME 17
DEEDS, PACE 132 AND IN VOLUME 38 -OF DEEDS, PAGE 412,, AND LYING SOUTHERLY
THE FOLLOWING DESCRIBED LINE.:
INNING AT A -POINT OF INTERSECTION OF ORIGINAL WESTERLY LINE OF GREAT
RTHERN RAILWAY COMPANY'S RICHT-OF-WAY WITH THE NORTH LINE OF SAID
:TION *26, SAID POINT BEING 688.-03 FEET IVESTERLY OF THE NORTH QUARTER
RNER * OF SAID SECTION; THENCE SOUTH 42*3434" WE . ST., 54-17 FEET; THENCE
JTH 47`2 ' 5'26" EAST 150 FEET;- THENCE SOUTH 42'34'34" WEST 7G5.65 FEET, ALONG
E WESTERLY LINE OF THE GIZEAT*NORTHERN RAILWAY COMPANY'S RIGHT-OF-WAY
THE' TRUE POINT OF BEGINNING OF SAID LINE; THENCE NORTH 4702526" WEST
.11 FEET, MORE OR LESS, TO POINT OF INTERSECT40N WITH THE INNER- HARBOR
IE.
{RC EL I I': EXHIBIT "B"
Page 2
IAT PORTION OF GOVERNMENT -"LOT 3, SECTION 23 AND OF GOVERNMENT LOT I
41D THE NORTI-IEAST QUARTER. OF SECTION 26, TO"'INSHIP 27 NORTH, RANGE 3 EAST,
M_, IN 'SNOHOMISH COUNTY, WASHING -TON, DESCRIBED AS FOLLOWS:
)MMENCING AT THE CONCRETE MONUMENT AT THE SOUTHWEST -CORNER OF THE
)RTHWEST QUARTER OF SAID NORTHEAST QUARTER OF SECTION 26; THENCE NORTH
°51'46".
WEST ALONG THE SOUTH LINE OF SAID .GOVERNMENT LOT 1, A DISTANCE OF
1. 23 .FEET. TO *THE TRUE'POINT OF BEGINNING; THENCE CONTINUING NORTH
051'4611 WEST, 850.37 FEET' TO A POINT ON THE EASTERLY MARGIN OF THE BURLINC-
)N NORTHERN RAILWAY RIGHT-OF-WAY, SAID POINT BEING ON A 976-60 FOOT RADIO.
IRVE CONCAVE TO THE EAST, A RADIAL AT SAID POINT BEARING SOUTH 70012'2011
.ST; THENCE NORTHERLY ALONG SAID RIGHT-OF*-IYAY LINE AND CURVE, AN ARC
STANCE OF 388-31 FEET TO A POINT OF TANGENCY; THENCE NORTH 4234'34" EAST
.ONG.SAID RICHT-OF-WAY LINE 1316.83 FEET TO A CONCRETE MONUMENT AT THE
TERSECTION OF THE 'NORTH LINE. OF SAID SECTION 26 WITH SAID EASTERLY MAR -
N OF THE BURLINGTON NORTHERN RAILWAY RICHT-OF-WAY AND FROM WHENCE
IE NORTHEAST CORNER OF SAID SECTION 26 BEARS *SOUTH 88'5541" EAST; THENCE
�NTINUING NORTH 42c-34'3411 'EAST ALONG SAID RICHT-OF-WAY, 327.47 FEET;. THENCE
UTH 47"30'00" EAST, 716.15 FEET; THENCE SOUTH 42'30'00" "'EST 195-00 FEET;
ENCE SOUTH 48000,00" EAST 440.00 FEET; THENCE SOUTH 4430'00" EAST 400.00 FEET
ENCE SOUTH 64'11'45" EAST 2418.85 FEET TO THE IYESTERLY MARGIN OF SIR 104 AS
NDEMNED BY THE STATE OF WASHINGTON FOR STATE ROAD 104 BY DECREE ENTERS
SNOHOMISH COUNTY SUPERIOR COURT CAUSE NO. 106375; THENCE SOUTH 12049'15"
ST ALONG SAID MARGIN 187-97 FEET; THENCE SOUTH 83'07'35" WEST ALONG SAID
RGIN 29 ' 7.82 FEET; THENCE SOUTH. 1°08'15" !'FEST 24.00 FEET TO A POINT 26.00 FEET
RTH 1110815" EAST OF THE SOUTH LINE OF SAID NORTHWEST QUARTER OF THE
RTHEAST QUARTER OF SECTION 2G; THENCE NORTH 88'51'46" WEST PARALLEL WITH
ID SOUTH LINE 577.31 FEET TO THE POINT OF CURVATURE OF A CURVE TO THE -
BHT HAVING A RADIUS OF 480 FEET;. THENCE NORTHIYESTERLY ALONG SAID CURVE
�.84 FEET TO�THE POINT OF TANGENCY; THENCE NORTH 54051146" "'EST 207.70 FEET*
THE POINT OF CURVATURE OF A CURVE TO THE LEFT HAVING A RADIUS OF
FEET; THENCE NORTHWESTERLY ALONG SAID CURVE .97-30 FEET TO THE POINT
TANGENCY; THENCE NORTH 65'35'00" WEST '37.89 FEET TO THE POINT OF C URVA-
RE OF A CURVE TO THE LEFT HAVING A RADIUS OF 205 FEET-, THENCE WESTERLY
D14G SAID CURVE 264.77.FEET TO A POINT OF A COMPOUND CURVE HAVING 'A RAD -
OF 1.20 FEET;. THENCE SOUTHERLY ALONG SAID CURVE 129.65 FEET TO THE
INT OF TANGENCY; THENCE SOUTH 21'35'00" EAST 113.72 FEET TO THE TRUE POINT
BEGINNING;
BJECT TO A 10 FOOT WIDE SLOPE EASEMENT ALONG. THE SOUTHERLY LINE ADJACEN*
THE PINE: STREET EXTENSION ROAD.
,RCEL
4AT PORTION
: SECTION 26
kSHINGTON,
EXHIBIT "B"
PAGE 3
OF GOVERNMENT LOT 1; SECTION 26 AND IHE NORTHEAST QUARTER
IN TOWNSHIP 27 NORTH, RANCE.3 EAST, W.M., IN SNOHOMISH COUNTY
'DESCRIBED AS FOLLOWS:*
'GIN
-
:GINNING AT A'CONCRETE MONUMENT AT THE SOUTHWEST CORNER OF THE NORTH-
-ST QUARTER OF'SAID- NORTHEAST QUARTER OF SECTION 26; THENCE NORTH'
051'46" WEST ALONG THE SOUTH LINE OF SAID GOVERNMENT LOT 1, A DISTANCE
: 527..86 FEET; ,.THENCENORTH ' 21035'00" WEST 130'47 FEET TO THE POINT OF CURVA—
)RE OF A CURVE TO'TH'E RIGHT HAVING A RADIUS OF 30 FEET; - THENCE NORTHERLY
-ONG SAID: CURVE 86.57 FEET TO A POINT OF A COMPOUND CURVE HAVING A RADIUl
: 165 FEET; THENCE EASTERLY ALONG. SAID CURVE 213.10 FEET TO THE POINT OF,
eNGENCY; THENCE SOUTH 65035-00" EAST 37.89 FEET TO THE POINT OF CURVATURE
: A- CURVE TO THE RICHT HAVING A RADIUS OF 480 FEET; THENCE SOUTHEASTERLY
.ONG SAID CURVE 89-81 FEET TO THE POINT OF TANGENCY; THENCE SOUTH 54051'46
,ST 207.70 FEET TO THE POINT OF CURVATURE OF A CURVE TO THE LEFT HAVING
RADIUS OF 520 FEET; THENCE SOUTHEASTERLY ALONG SAID CURVE 187.64 FEET TO
POINT ON T ' HE -SOUTH LINE OF SAID NORTHWEST' QUARTER OF THE NORTHEAST
. )A * RTER, SAID POINT -BEING SOUTH 88051'46" EAST 83.18 FEET FROM THE POINT OF
-GINNING; THENCE NORTH 8805114611 WEST ALONG SAID SOUTH LINE 83.18 FEET TO
iE POINT OF BEGINNING;
IBJECT -TO A 10 FOOT WIDE SLOPE EASEMIENT ALONG THE NORTH AND WEST LINES
DJACENT TO THE PINE STREET EXTENSION ROAD.
EXHIBIT "C"
RCEL IV:
AT PORTION OF GOVERNMENT LOT 3, SECTION 23 AND THAT PORTION OF THE
lRTHEAST QUARTER OF SECTION 26, ALL IN TOWNSHIP 27 NOR - TH, RANGE 3 EAST,
M., IN SNOHOMISH -COUNTY, 'WASHINGTON, DESCRIBED AS FOLLOWS:
1MVIENCING AT A CONCRETE MONUMENT AT- THE INTERSECTION OF- THE NORTH
qE OF SAID SECTION 26, WITH THE EASTERLY MARGIN OF THE BURLINGTON NOR-
IERN RAILWAY RIGHT-OF-WAY AND FROM WHENCE THE NORTHEAST CORNER* OF
ID SECTION 26 BEARS SOUTH 8805541" EAST; THENCE NORTH 42'34'34" EAST
.ONG SAID EASTERLY MARGIN 327.47 FEET TO THE TRUE POINT OF BEGINNING;
IENCE SOUTH. 47030'00" EAST 716.15 FEET; THENCE SOUTH 42'30'00" WEST
5-00 FEET; THENCE SOUTH 48'00'00" EAST .440.00 FEET; THENCE SOUTH 44CI30,0011
ST 400.00 FEET; THENCE SOUTH 64011'45" EAST -248.85 FEET TO THE WESTERLY
�RCIN OF SR 104 AS CONDEMNED BY THE STATE OF WASHINGTON FOR STATE
)AD 104 BY DECREE ENTERED IN SNOHOMISH COUNTY SUPERIOR, COURT CAUSE
106375; THENCE NORTH 12'49'15" EAST ALONG SAID WESTERLY MARGIN
5.00 FEET; THENCE CONTINUING ALONG SAID WESTERLY MARGIN NORTH 1"08'54"
,ST 1015.00 FEET; THENCE * SOUTH 73'00'00" WEST 240.00 FEET; THENCE NORTH
030'00" WEST 110.00 FEET; THENCE NORTH 66000'00" WEST 140.00 FEET; THENCE
)RTH -40000'00" WEST 125.00 FEET; THENCE NORTH 1'00'00" WEST 200.00 FEET;
iENCE NORTH. 37000'00" WEST 260.00 TEET; THENCE sou'rH -71000'00" WEST
1.09 FEET TO A POINT ON THE SAID EASTERLY MARGIN OF THE BURLINGTON
)RTHERN RAILWAY RIGHT-OF-WAY-, SAID POINT BEING NORTH 42034-34" EAST
8.90 FEET FROM THE TRUE POINT OF BEGINNING; THENCE SOUTH 42'34'34"
:_ST ALONG SAID EASTERLY MARGIN 288.90 FEET TO THE TRUE POINT OF
E -GINNING.
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a
AFFIDAVIT OF POSTING ORDINANCE
STATE OF WASHINGTON )
) ss:
COUNTY OF SNOHOMISH )
IRENE VARNEY MO RAN
, being first duly sworn
on oath deposes and says that S he is over the age of eighteen
(18) years and is competent to testify as to the matter
stated herein.
On the 20
day of February , 198 0 , affiant
posted true and correct copies of the attached Ordinance No.
2123, passed by the City Council on the
19
day of
February , 198 0, at the three official posting places
for City notices which are the public bulletin boards at
the following locations:
Edmonds Civic Center
250 Fifth Avenue North
Edmonds, Washington 98020
Edmonds Public Library
Civic Center
250 Fifth Avenue North
Edmonds, Washington 98020
Edmond Branch of the
United States Post Office
201 Main Street
Edmonds, Washington 98020.
DATED this 20 day of February , 1980 .
SUBSCRIBED AND SWORN to before me this ,,7o day of
1980 .
J
Ndtar�r' Public in and for the
State of Washington, residing
at
CONCOMITANT ZONING AGREEMENT
THIS AGREEMENT, dated this 18th day of February
1980, between UNION OIL COMPANY OF CALIFORNIA, a corporation
qualified to do business in the State of Washington, hereinafter
referred to as "Union Oil," and the CITY OF EDMONDS, a
municipal corporation organized and existing under the laws
of the State of Washington, hereinafter referred to as "the
City."
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W I T N E S S E T H:
WHEREAS, Union Oil is the owner of that certain
real property legally described in Exhibit "A" which is
attached hereto and incorporated herein by this reference,
which property comprises 81 acres, more or less, and is
hereinafter referred to as "the Property", and,
WHEREAS, the Property at present is situated
partially within the boundaries of the City and partially
outside those boundaries, that portion lying outside being
under the jurisdiction'of Snohomish County, Washington, and
of no other municipal corporation, and,
WHEREAS, Union Oil presently uses the Property for
petroleum products storage and distribution and for other
uses incidential thereto, and has so used the Property for
over 50 years, and,
WHEREAS, Union Oil has initiated proceedings
pursuant to RCW ch. 35A.14 for annexation by the City of
that portion of the Property now under the jurisdiction of
Snohomish County, Washington, conditioned upon the City's
fulfillment of certain terms and conditions contained in
Union Oil's Petition for Annexation to the City of Edmonds,
WHEREAS, the City has reviewed the entire application
for annexation and the Site Plan and elevations which are
attached hereto as Exhibit C and incorporated herein by this
reference, and,
WHEREAS, the City finds that zoning Parcels I, II,
and III of the Property, as described in Exhibit D which is
attached hereto and incorporated herein by this reference,
to a CW classification and Parcel IV of the Property to OS
pursuant to the Official Zoning Ordinance of the City in
compliance with the Comprehensive Plan of the City is within
the public health, safety, morals and general welfare, and,
WHEREAS, the Edmonds Shorelines Management Committee
on the 14th day of November, 1979, voted unanimously to
recommend certain amendments to the Shoreline Master Program
and Shoreline Master Program Map of the City pursuant to the
terms of Union Oil's Petition for Annexation to the City of
Edmonds, and,
WHEREAS, the Planning Commission, on the 28th day
of November, 1979, voted unanimously to recommend certain
amendments to the Shoreline Master Program, Shoreline Master
Program Map, and Official Zoning Ordinance of the City
pursuant to the terms of Union Oil's Petition for Annexation
to the City of Edmonds, and,
WHEREAS, the City Council on the 3rd day of December,
1979, voted unanimously to approve the amendments to the
Shoreline Master Program, Shoreline Master Program Map, and
Official Zoning Ordinance of the City pursuant to the terms
of Union Oil's Petition for Annexation to the City of Edmonds,
and,
for the construction of up to five additional storage tanks
on the Property, and the City finds that the final Site Plan
and elevations indicate that the proposed five additional
storage tanks meet the design criteria of Section 208 of the
Policy Plan and conform to the provisions of Chapter 12.20
of the Zoning Code, the Waterfront Design Policies, and
Ordinance No. 2031, and,
WHEREAS, the Planning Commission, on the 28th day
of November, 1979, voted unanimously to recommend that the
Property be zoned pursuant to the terms and conditions of
this Agreement, and,
WHEREAS, the City Council on the 3rd day of
December, 1979, voted unanimously to approve the zoning for
the Property pursuant to the terms and conditions of this
Agreement, and,
WHEREAS, the Planning Commission on the 13th day
of February, 1980, voted unanimously to recommend that the
Comprehensive Plan and Comprehensive Policy Plan Map of the
City be.amended to designate Parcel 1 as ""Urban," and,
WHEREAS, the City Council on the 19th day of
February, 1980, adopted by ordinance certain amendments to
the Building Code, Comprehensive Plan, Comprehensive Policy
Plan Map, and Official Zoning Ordinance of the City pursuant
to the terms of Union Oil's Petition for Annexation to the
City of Edmonds, and,
WHEREAS, the City Council on the 19th day of
February, 1980, passed by resolution certain amendments to
the Shoreline Master Program and Shoreline Master Program
Map and directed the City Clerk to transmit a certified copy
of the resolution to the Washington State Department of
Ecology for approval, and,
WHEREAS, the City Council, on the 19th day of
February, 1980, approved by ordinance the annexation of the
8 00306010 VOL 1661 PAGE 1668
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77777777T
3-
7..
Property pursuant to the terms of Union Oil's Petition for
Annexation to the City of Edmonds, and,
WHEREAS, the annexation, the related amendments to
the Comprehensive Plan, Comprehensive Policy Plan Map,
Shoreline Master Program, Shoreline Master Program Map,
Building Code, Official Zoning Ordinance of the City, and
the Site Plan approval, short subdivision approval, and
zoning of the Property were determined not to have a significant
adverse impact upon the environment and a Final Declaration
of Nonsignificance on the annexation and related actions of
the City in conjunction therewith as set forth herein was
issued by the City on November 28, 1979, NOW, THEREFORE,
In consideration of the mutual covenants and
promises herein contained, and other valuable consideration,
receipt of which is hereby acknowledged, the City and Union
Oil do hereby agree as follows:
1. The City shall adopt by ordinance a zoning
regulation for the Property pursuant to RCW 35A.14.330 which
shall zone Parcel IV of the Property with the OS classification
and Parcels I, II, and III of the Property with the CW
classification, such that all uses presently conducted on
Parcels I, II, and III of the Property will be considered
permitted uses and not non -conforming uses, and such that
all of the uses set forth in paragraph 3 below shall be
considered outright permitted uses on that portion of the
Property. The City further agrees that the zoning shall
remain in full force and effect without revocation for at
least the ten (10) year period specified in paragraph 10
below.
2. The City agrees that the use of the Property
for petroleum products storage and distribution and related
8 003060145 -4-
01
tivi_i(;(;t?Ar , E 1669
_
operations listed in paragraph 3 herein is a shoreline -
dependent use; that dredging is permitted in the Urban
environment for the purpose of maintaining safe navigation;
and that Union Oil will be permitted to conduct periodic
dredging operations for the maintenance of the water access
to its dock and pier, provided all required permits are
issued by the U.S. Army Corps of Engineers.
3. The City further agrees that petroleum products
storage and distribution shall include, whether shoreline -
dependent or not, the following uses: the receipt of petroleum
products, generally by pipeline or marine vessels, and the
storage and loading of petroleum products for distribution
to petroleum bulk plants and to customers and automotive
service stations; and all related operations, including but
not limited to, the operation and maintenance of trucks and
equipment, the handling of products, merchandise, and materials,
the provision of customer services related to the petroleum
distribution business, and the compounding, blending, packaging
and shipping of lube oils and greases.
4. The City further agrees that the approval by
the Architectural Design Board of the final Site Plan and
elevations for the construction of up to five additional
storage tanks on the Property as shown on Exhibit C is
binding and final and shall remain in full force and effect
without revocation or the need for further approval by the
City during the ten (10) year term specified in paragraph 10
below or until Union Oil obtains all building permits and
develops the Property pursuant to the final Site Plan and
elevations, whichever occurs first.
5. The City staff and/or Planning Commission
shall approve, pursuant to the City subdivision ordinance
and if consistent with the public health, safety and general
8003060145 -5- YC L 166 PAGE 1670
IV
=7777777-
welfare, the short subdivision application submitted by
Union oil which will divide the Property into four parcels,
described as Parcels I, II, III, and IV as set forth in
Exhibit D hereto.
6. The City agrees, if necessary, to issue
certificates of occupancy and/or written manifestations of
compliance (specific authorizations) with the building code
in effect in the City for all presently existing buildings,
structures and other improvements subject to said building
code on Parcels I, II, and III of the Property.
7. Union Oil agrees to develop and maintain the
Property substantially pursuant to the Site Plan attached
hereto as Exhibit C, and to comply with the terms and
conditions of this Agreement.
3. The parties agree that the ordinances, codes,
rules, and regulations of the City regarding development of
the Property, including but not limited to the Shoreline
Master Program and Shoreline Master Program Map, as approved
by the Washington State Department of Ecology subsequent to
the effective date of annexation pursuant to the resolution
passed by the City Council on February 19, 1980, and the
Comprehensive Plan, Comprehensive Policy Plan Map, Official
Zoning Ordinance and Zoning Map, Subdivision Code, Building
Code, and regarding site plan approval requirements, design
review requirements, permitted uses, construction of improvements,
buildings, structures, or appurtenances, or any other development
of any kind or character on the Property in any manner, as
the same exist on the effective date of annexation, hereinafter
collectively referred to as "Development Regulations," shall
be applicable to the Property. If during the ten (10) year
term specified in paragraph 10 below during which the CW
zoning for Parcels I, II, and III must remain in effect, the
YLIL 1661 PACE
8 0 035 0 6 0 145-) -6-
P
City amends, modifies, es, or adopts new Development Regulations
which would prevent union oil from using or developing the
Property as provided in paragraph 3 herein or as planned in
accordance with the final Site Plan and elevations as shown
in Exhibit C hereto, then Union Oil may elect to proceed
with respect to the development of, or construction upon the
Property, under the prior Development Regulations described
herein, unless Union Oil elects to proceed under any such
amendment, modification, or adoption.
9. The City hereby agrees that if, during the
ten (10) year term specified in paragraph 10 below, any
Development Regulations are amended, modified, or enacted
which in any manner impose less restrictive requirements on
the development of, or construction upon, the Property, then
the benefit of such less restrictive Development Regulations
shall inure to the benefit of Union Oil, and anything to the
contrary contained herein notwithstanding, Union Oil may
elect to proceed with respect to the development of, or
construction upon, the subject property under the less
restrictive amendment, modification, or enactment.
10. This Agreement shall be binding upon the parties
hereto, including the City and its legislative body, notwithstanding
any change in the membership of that body, and Union Oil as owner
of the Property, its successors and assigns, for a term of
ten (10) years from the effective date of annexation of the Property.
The ordinance which zones Parcels 1, 11, and III to CW shall
remain in effect for at least ten (10) years from the effective
date of annexation of the Property before the zoning of the
Property may be amended, supplemented, or modified by any
subsequent ordinance or resolution adopted by the City which
imposes more restrictive requirements on the Property. This
Agreement may be amended during that term only by a written
instrument executed with the same formality as this Agreement
800306(014b Ver- f661 PAGE 1672
dP -7-
. . . . . . . . . . . . . . . . . . . . . . . . . .......................
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and signed by the parties hereto. This Agreement and both
the benefit and burden thereof, shall run with the subject
Property.
11. This Agreement is specifically enforceable by
the City and Union Oil, and the City and Union Oil may
institute and prosecute any proceedings at law or in equity
to enforce the provisions of this Agreement.
12. The partial waiver or waiver by acquiescence
by union oil or the City of any covenant, condition, or
restriction of this Agreement shall not constitute a waiver
of any other covenant, condition, or restriction of this
Agreement.
13. Invalidation of any one of the paragraphs of
this Agreement by judgment or court order shall in no way
affect any other section or paragraph, and the same shall
remain in full force and effect.
IN WITNESS WHEREOF the parties hereto have executed
this instrument the day and year first above written by and
through their authorized officers or representatives.
By 21
Mayor
Attest:
City C,lexk, sx J
UNION OIL CO DIY OF ALIFORNITIA
By_ -WAR N 6C K'
C. R. , 4ENERAL MANAGER MARKETING OPERA
UNION 76 OJVISIDN - WESTERN REGION
VOL 1(361 PACES 73