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Ords 2059 and 2118.pdfORDINANCE NO. 2059 AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF EDMONDS, WASHINGTON, BY CHANGING THE ZONING CLASSIFICATION OF THE PROPERTY LOCATED WITHIN SAID CITY FROM GENERAL COMMERICAL (CG) TO MULTIPLE - FAMILY HIGH DENSITY (RMH), PURSUANT TO PLANNING COMMISSION RESOLUTION NO. 614 , AND AUTHORIZING THE EXECUTION OF AN AGREEMENT AND COVENANTS. WHEREAS, the Edmonds Planning Commission has held a public hearing and has forwarded its recommendations to the City Council in Resolution No. 614 , and WHEREAS, a public hearing was called by the City Council of the City of Edmonds, Washington, and at the con- clusion of said hearing the City Council having determined as follows: 1. That the proposed zoning changed conforms with the intent of the comprehensive policy plan. 2. That the property has remained undeveloped for a number of years under the CG zone and is not conducive to commerical use because of access and location. 3. The property would be compatible with multi- family uses and would be separated from neighboring commer- cial developments by SR 104 and State Highway 99. 4. The proposed zoning change bears a reasonable relationship to the zoning and uses of the surrounding and nearby properties. 5. The proposed zoning change will not be -1- detrimental to the public health, safety, morals or welfare and will be compatible with the surrounding property with the restrictions imposed in the concomitant agreement. 6. That there are no significant adverse environ- mental impacts to the surrounding properties either within or without the jurisdiction of the City of Edmonds which will be directly affected by the proposed use of the property with certain additional limitations imposed by contract tendered by the owner to the City, 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, Washington, be and the same is hereby amended by changing zoning classification of the following described parcel of property situate in the City of Edmonds, Snohomish County, Washington from General Commercial (CG) to Multiple - Family High Density (RMH). The legal description of the property is set forth on Exhibit "l", attached hereto and incorporated in full by this reference. Section 2. The Director of Community Development and the Director 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 3. The Mayor is hereby authorized to execute and the City Clerk to attest, that certain document entitled "Agreement and Covenants" consisting of five typewritten -2- pages, and attached Exhibit "A", consisting of a legal description, which was executed by the owners of said property on the 26th day of February 1979 and tendered to the City. The City Clerk is further directed to record said Agreement and Covenants with the Snohomish County Auditor as a covenant running with the land. The costs of recordation shall be paid by the owners. Section 4. This ordinance shall be in full force and effect five (5) days after passage and publication by posting as provided by law. APPROVED: MAYOR, H. H. HARRISON ATTEST/AUTHENTICATED: CITY CLERK, IRE ARNEY MORAN APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY FILE&..,�ITH THE CITY CLERK: February 21, 1979 PASSED BY THE CITY COUNCIL: March 20, 1979 POSTED: March 21, 1979 EFFECTIVE DATE: March 26, 1979 -3- d- ?9O6250191. 66 V7, "Pe EXHIBIT "i" Legal Description Attached 17o t) 's I EXHIBIT "A" 1 x� Vol �.�43 Q�cE606 "u ® p " DESCRIPTION � All that portion of Tract as per 1.5,Lake McAleer °ave ,acre Tracts PlaC recorded in Snohomish County, Washington, Volume 5 of plats, page [ records described as follows: Beginning Ot t`:ho Northwest sOuLh 2"561 bast comer of said � Tract, 1.5;111011C11 312,02 f act.M" ^ along the West line of said Tract 15 for Ile= Oak NaA rk 4ApD 4, ECl,, Mence iWiOMN parallel to No 6 h Lino uf suid tract the WeQ line of: 15; said Tract 15 to the' Rben e South 88"021 West P oi n L t� �.� �° t n along said North lane, 90 feet toth d e ,d': f�°� n �. ng p Situate in the County of Snohomish, State of Washington, u v EXHIBIT "A" 1 x� Vol �.�43 Q�cE606 AFFIDAVIT OF POSTING ORDINANCE STATE OF WASHINGTON ) ss: COUNTY OF SNOHOMISH ) Irene Varney Moran , 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 91C+ I day of _Mav,,,hl , 197 , affiant posted true and correct copies of the attached Ordinance No. ZU _, passed by the City Council on the 9n+h day of March , 1979 , 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 21st day of March , 1979 . SUBSCRIBED AND SWORN to before me this day of 197 7. ... otaiy Public in and for the. State of Washington, residing at AGREEMENT AND COVENANTS AGREEMENT AND.COVENANTS between BILL BLUME VOLKSWAGON, INC., hereafter. --eferred to as "OGrner" and the CITY OF EDMOIIDS, a municipal corporation, hereafter referred to as "City WHEREAS, Owner is; the owner of real property situate in the City of E-dmonds, Snohomish County, Washington, and more particularly described hereinafter, and NIA REAS, tjze Owner has made application to the City of Edmonds for a contract rezone from general commercial (CG) to Multiple-Family'High Density (RMH) foi: the purposes set forth herein, And WHEREAS, the Owner has offered to tender to the City of Edmcnds this -agreement and covenants respecting limitations on the, sue. •of th,- property, and WHEREAS, the r: and agreements herein are intended to .c•onst1t..ute• th`e oasis for the rezone set forth above and are to.be effective from the effective date of said rezone,.anid WHEREAS, the :use of the property will have a sub- stantial, relat`ign to the people, land, resources, health, welfare, and safety of the citizens of the City of Edmonds and the Ownez, recognizes the need for the control, cooperation and securing the proper development of the property to be compatible with the surrounding uses. 062504191 AGREEMENT NOW, THEREFORE, it is he.reby agreed as follows: 1, Owner is owner of certain real property located in the City and set forth in Exhibit 'A" attached hereto and incorporated -by this reference as if set forth in full. 2. This agreement is tendered to the City by the Owner, and said agreement is hereby accepted by the City. All parties agree that it is applicable to the parties to this agreement,. their heirs, successors, assigns and future olvmers';or users of the subject property, both as to duties and benefits. The owner agrees that this agreement will be specifically enforcable in equity by the City of Edmonds. 3. The City of Edmonds is under no obligation to issue to the Owner, its suLcessors or awsigns, building or other permits for improvemeints,_structures or uses on the subject property, unless such improvements and/or uses comply with the terms 'of -.t, -his agreement and with applicable ordinances-at.th-e time of application for said permits. 4. -This agreement and each part of it shall be considered a covenant running with the land described on Exhibit "A" and shall be binding upon the Owner, its successors and assigns, and shall be recorded with the Snohomish County Auditor in the Grantor/Grantee Index, with the Owner being listed as Grantor and the City as the Grantee. All the costs of such recording shall be paid by the Owner. Payment I -2- �Olffi F�L� o hall be a condition, precedent to exercising of said costs s any rights under the ierms.of this agreement. 5. This agreement and covenant is conditioned property described on ERhibit, "A" being rezoned from General j Commercial (CG) MultiPple-Family high Density ) to 6. Owner agrees to pay to the City the sum of $1,116.01 — as and for Owner's share of the costs of paving 242nd Street Southwest. Payment of said sum shall be a condition precedent of exercisir_g any rights under the terms of this Agreement. 7. Owner agrees that in any development on the site Owner will , at its sole ®expense,. install a pedestrian s r walkway along thq"nor th boundary of the subject property adjacent to 242nd' Streit Soi:�thweet. Said pedestrian walkway shall be designed and ,Ponstructed according to City standards and after inspection and appr.eva;l by the City, shall. be dedicated to the City.. 8, The owner agrees that in the event the City brings legal action to enforce any provision of this agreement, f the Owner will pay all costs, reasonable attorneysfees and r reasonable expert witness fee's,as determined by the court in the event the City of Edmonds is successful in the suit. 9., No application shall be made by the Owner or f its suEcessors or .assigns to amend this agreement for a � i effective date of this agreement. period of two years from the Thereafter, either the Owner or its successors or assigns or f the City of Edmonds may, tipo.n,-appliaation filed in the same } -3- VOI t manner as a rezone applicat!on, apply to amend or terminate 2,. i the provisions and covenant:, of this agreement or to change � the zoning of sub;e=t property. Said application to change or terminate the provisions and covenants or to rezone said property shall be heard and determined in the normal manner at appropriate public hearings as any other application for a rezone of property. 10. Ow-ner shall provide the City with suitable title report showing owners -hip of -the property described on Exhibit ''A" as being vested`' -in Owner. IN WITNESS WHEREOF, the. parties have executed this agreement on this^ da'y Of _, 19791-. CI,py OF EDMONDS `MAYOR, II . H . HARRISON 4. 0 s' ATTEST: CITY CLERK, TREE V�IRNEY MOR_AN OWNER BIUL BL UME VOLKSWAGON, INC. • BYL/% ~ PRESIDENT STATE OF WASHINGTON ) Ss COUNTY OF KING )" On this J�'_day of June, 1979, before me,i the undersigned, a Notary Public in and for the State of mmissioned and sworn, personally appeared Washington, duly co to me known to be i{.�� .: � �C.• �- and' i t-Ae President an .Secxetar.y, respectively, of BILL BLUME y .. L-, 1 , � -4- i �. r VOLKSWAGON, INC., the corporation that executed the foregoing instrument, and acknowledged the said instrutment to be the free and voluntary act and -deed of,said corporation, for the uses and purposes therein mentioned, and on oath stated that they were authorized to execute the said instrument and that the seal affixed is the corporate seal of said corporation. WITNESS my hand and official seal hereto affixed the day and year first above written. Notary .Public in and folr the State of Washington, residing at 4 t. t'. LLl � •> sI ` -S- " 111—;L Liu, All t lat: po t:J on of Trac 1 l i, !:e t;c ' 1 c o r hi ;c 'acre Tracts , its per 1)lnt, reCor diL.d an Yo I,ume of PJ lanir,c 68 rccoj:(Is 0 Snohomi sh C,ounUY , ton MYrglon , Cie ;c1-7_bud W1 hollows ( , Beginning nt the I1ort.11,acsC corner of sni-O Tract. 15 locnce sullul 4,56, Ease a iong Lhc Must: i.ne ul` r .;"_Lid Tract 15 for 31.?.0 k Thence llo-r-ch 33°01+ 1?nstt 90 t; Thence IYcrn:LI_i hyral.le . to clue Wunn line- o.: said Tract 15 to the tlorrh line of sn�id 'i't:act 7'); ' Thence South BAWL West along sn"id Norch line, 90 feet: to the Poi.nc of Situate 7.n Che C011Rt`� of Snohom -lsh Sit: au e of V1, shi.n ,t'on • I, i t, i Y FX It l 43 OP- 95 9 V GY, 7 a 5 i 9 d, r .} /7 d % A,�,j A, gJ-Af v�L�/� EXHIBIT Legal Description Attached VOJ543 wE 607 eta t � E ORDINANCE NO. 2118 AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING ORDINANCE NO. 2059 PASSED BY THE CITY COUNCIL ON MARCH 20, 1979, TO CORRECT THE LEGAL DESCRIPTION AND AUTHORIZING THE EXECUTION OF AN AMENDMENT TO AN.AGREEMENT AND COVENANTS COVERING THE SUBJECT PROPERTY TO CORRECT THE LEGAL DESCRIP- TION. WHEREAS, the Edmonds City Council. enacted Ordinance No. 2059 on March,20, 1979, rezoning certain property located in the City from General. Commercial' (CG) to Mul.tipl.e Family High Density (RMH) pursuant to•Pl.anniing Commission Resolution No. 614, and authorizing the execution of.an Agre.em:^ nt and Covenants, and WHEREAS, the legal description attached to said ordi- nance and'the Agreement and Covenants was in error, and WHEREAS, this Ordinance will correct the erroneous legal description, now, therefore, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section is The legal; description of the property described in Ord ®nance .No-.. 205,9..passed by'the City Council on March 20, 1979, and set forth Kiri Ehrhibit "1", is hereby amended to read as set forth on Exhibit "1" attached to this Ordinance, and hereby incorporated in fu1.l by '.his reference. Section 2.• The Mayor is hereby authorized to execute and the City Clerk to attest that certain document entitled Amendment to Agreement and,Covenants consisting of 3 type- written pages executed by the Owndrs of said property on the -1- 20 _ day of FEBRUARY, 1980, And -tendered to the City. The City Clerk is further directed -to record said Amendment to Agreement and Covenants with the Snohomish County Auditor's Office as a covenant running with the land. The cost of recordation shall be paid by the Owners. Section 3. This Ordinance shall be in full force and effect five (5) days after passage and publication by posting as provided by law. APPRbVED :: MAYOR, H. H. HARRISON ATTEST/AUTHENTICATED: IC�PLt�JTYft�ERK,�!��NE ARNEMRAN APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY—: BY — FILED THE CITY CL:FRK: Ja,ivary 23, 1980 PASSED BY THE CITY COUNCIL. February 19, 1980 POSTED: February 20, 1980 EFFECTIVE DATE : February. . ® o -2•- I ® o -2•- EXHIBIT "1" That portion of Lot 16 and'the west 90 feet of. Lot 15, • t Lake McAleer Five Acre Tracts, according to plat thereof recorded in Volume 5 of Plats, page 48 records of Snohomish County, Washington, ly.Lng north and east of State Road 104�.`as condemned in Snohomish Countv Superior Court Case No. 1091.17 by decree.entered August 11, 1971. ' r s 4 • 0. 4 a�] l Y f, , I AENDNtTENT TO AGREEMENT AND COVENIANTS 1"K50 FEB 2 I Nei 1: 25 _--- -- J - RECORDED UNDER SNOHOMISH COUNTY 1,ENI Y D. V,'! i; .i;,JJC..I�i �l i 0i; AUDITOR NO. j G'� the parties executed an Agreement and Covenants r -.-~I dated February 26, 1-979, concerning certain real property located -`j in Edmonds, Snohomish County, Washington, and WHEREAS, the legal description. attached to said Agreement and. Covenants was .i n. error, and WHEREAS, the parties desire to correct this error, now, a therefore, IN CONSIDERATION of mutual benefits, the parties agree as follows: 1 The legal cl.escriptiori set forth in bit "A" attached to that certa'i:n ajreement entitled "Agreement and Covenants executed by the parties on February 26, 1979, recorded under Auditor's File No. —/906250191 is hereby amended to read as set forth on Exhibit "A" of this Amendment. 2, The Owner s'ha11 bear all costs of recording this Amendment to Agreement and Covenants with the Snohomish County Auditor. DATED this 20® day of February, 1980 CITY OF EDMONDS, WASHINGTON: MAYOR, H. H. HARRISON ATTEST: L�� 9 CITY �,T IINF�/A?2iEY NjORAN BILL BLUME LIMITED, A WASHINGTON (!oRPORATION : P, By i /x i' �`6`�`� t �,, • ���:���,� �', V,��„ � PAG 4 4 00 2 G y 1 STATE OF WASHINGTON ) ss, COUNTY OF SNOHOMISH ) On this day Of 1980, before me, the undersigned, a Notary Public it nc `or the State of Washington, duly commissioned and sworn, pel:sci,. iv appeared H. H. HARRISON and IRENE VARNEY MORAN, to me kjc..in to be the Mayor and City Clerk of the CITY OF EDMONDS, .ir.:;ton, the municipal_ corpora- tion that executed the foregoi,i, instrument, and acknowledged the said instrument to be the fzee ',ci volant?ry act and deed of said municipal corporation, for the ,z,,eS and purposes therein men- tioned, and on oath stated that they were authorized to execute said instrument and that the seal affixed is the official seal of said municipal corporation. WITNESS my hand and official seal. hereto affixed the year first above wril.t:.en 1', 0 , rA , �JOsARY PU13LIC in ailu for the n- �`� State, of, Gti,ashingt:on, residing '`5��� 1, ... • STATE OF WASHINGTON ) ) ss, COUNTY OF SNOHOMISH ) CJS On this day cf February, 1980, before me, the undersigned, a Notary Public in and for the State o' •7ashington, duly commissioned and sworn, personally appeared to me known to be the of BILL. BLUtLE LIMITED, a Washington corporation, the corporation that executed the foregoing instru- ment, and acknowledged the-said_instrument to be the free and voluntary act and dez�d'of saia.-Corporation, for the uses and purposes therein mentioned, and on oath stated that they were authorized to execute said instrument and.that the sea]_ affixed is the corporate s;al.of.said corporation. ' WITNESS,mv hand and off:_cial seal hereto affixed the day and year first above written. NOTARY PUBLIC tithe in and fo State-ofWashington, residing at ��,fk, Y i i ?_�7��9 PAGE ,� ' 0 l ! 2 -