Ordinance 1544ORDINANCE NO.'4/
AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON
AMENDING THE OFFICIAL ZONING MAP, EDMONDS,
WASHINGTON, BY CHANGING THE ZONING CLASSIFICATION
OF CERTAIN PROPERTY FROM MULTIPLE RESIDENTIAL,
HIGH DENSITY (RMH) TO GENERAL COMMERCIAL (CG)
OVERRULING PLANNING COMMISSION RESOLUTION NO.
353'AND AUTHORIZING THE EXECUTION OF AN AGREE-
MENT AND COVENANTS.
WHEREAS, pursuant to public hearing having been
called by the City Council in accordance with Planning
Commission Resolution No. 353 and the City Council having
determined that the following designated zoning amendment
would be the most consistent and advantageous for the develop-
ment and appropriate use of said property and for the health,
safety, morals and general welfare of the public, provided
that the applicant satisfies certain additional limitations
by contract, now, therefore,
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON
DO ORDAIN AS FOLLOWS:
Section 1.
The Official Zoning Map, Edmonds,
Washington, be and the same is hereby amended by changing
the zoning classification from Multiple Residential High
Density (RMH) to General Commercial (CG) which is legally
described on Exhibit "A" attached hereto and by this reference
incorporated herein as if set forth in full, all situate in
the City of Edmonds, County of Snohomish, State of Washington.
Section 2.
The City Engineer is hereby directed to
effectuate the necessary amendments to the Official Zoning
Map of Edmonds, Washington, pursuant to this Ordinance.
Section 3.
The Mayor is hereby authorized to
execute, and the City Clerk attest, that Agreement and Covenants
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proferred by the owner of the above described property and
record the same with the County Auditor as a covenant running
with the land.
APPROVED:
W, IZZIPuff" �
ATTEST:
CITY CLERK
PASSED BY THE CITY COUNCIL: April 6, 1971
FILED WITH THE CITY CLERK: April 6, 1971
PUBLISHED: April 14, 1971
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AGREEMENT AND COVENANTS
THIS IS AN AGREEMENT AND COVENANTS between G. 7OHN DOCES
\ and DOCES ENTERPRISES, INC. (hereinafter referred to as "Owner")
and the CITY OF EDMONDS, a municipal corporation (hereinafter
referred to as "Edmonds"),
WITNESSETH:
WHEREAS, Owner has applied to Edmonds as more fully
set forth in Planning Commission File No. R-1-71 to rezone
certain property from Multiple Residential High Density (RMIi)
to General Commercial (CG), and
WHEREAS, the Planning Commission of Edmonds recommended
that the requested rezoning be denied, and
WHEREAS the City Council of Edmonds having held a
public hearing and determined that the proposed rezone would
be the most consistent and advantageous for the development
and appropriate use of said property and for the health,
safety, morals and general welfare of the public provided that
certain additional limitations be met which were peculiar to
the subject property, and
WHEREAS, Owner has offered to tender Edmonds this
Agreement and Covenants respecting said additional limitations
relative to 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 will have
a 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 compatibly with thewu.
OF ICIAI
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surrounding uses, now, therefore,
IT IS HEREBY AGREED:
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 enforce-
able by Edmonds in equity.
2. Edmonds shall be under no obligation to issue
Owner or its 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 con-
sidered covenants running with the land covered hereby and
shall be binding upon the successors and assigns of Owner.
The property owned by Owner which is subject to said covenants
is legally described as follows, all situate in the City of
Edmonds, County of Snohomish, State of Washington:
That portion of Tracts 3 and 4, LAKE MCALEER
.1 FIVE ACRE TRACTS, according to the plat thereof
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recorded in Volume 5 of Plats, on Page 48, records
.r of Snohomish County, Washington, described as follows:
Commencing at the Southwest corner of said Tract
3; thence S 88°26'18"E, along the South line of
said Tract 3, a distance of 80.00 feet to the
True Point of Beginning of the tract of land
herein described; thence continuing S 88°26'18"E
along the South line of said Tract 3, a distance
of 251.29 feet to the Southeast corner of said
Tract 3; thence N 0°45150"E, along the East line
of said Tract 3, a distance of 457.63 feet to a
point S 0°45'50"W, 186.50 feet from the Northeast
corner thereof; thence S 88°29'56"E, parallel
to the north line of said Tract 4, a distance of
80.00 feet; thence N 0045'50"E, parallel to the
West line of Tract 4, a distance of 186.50 feet
to the North line of above said Tract 4; thence
Id 88029'56"W, along the North line of. said Tract
4, a distance of 80.00 feet to the Northeast
corner of above said Tract 3; thence S 0°45'50"W,
along the East line of said Tract 3, a distance
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Vill Iti l Fnsz'51
of 10.00 feet; thence N 88129156"W, parallel to
the North line of said Tract 3, a distance of
201.64 feet; thence S 0043157"W, parallel to the
West line of above said Tract 3, a distance of
176.96 feet to a point 135.00 feet north of the
south line of the North one-half of said Tract 3;
thence N 88028'07"W, parallel to said south line,
50.00 feet; thence S 0043157"W, parallel with the
West line of said Tract 3, a distance of 456.84
feet to the True Point of Beginning.
4. The portion of the property of Owner which is
the subject of the rezone application giving rise to this
Agreement all situate in the City of Edmonds, County of
Snohomish, State of Washington, is hereby legally described
as follows:
That portion of Tract 3, LAKE MC ALEER FIVE ACRE
TRACTS, according to the plat thereof recorded in
Volume 5 of Plats, on page 48, records of
Snohomish County, Washington, described as follows:
Commencing at the Southwest corner of said Tract
3, thence S 88026'18" E. along the South line of
said Tract 3, a distance of 80.00 feet to the
True Point of Beginning of the tract of land
herein described; thence continuing S 88026118"
E. along the South line of said Tract 3, a distance
of 50 feet, thence N/0043157" E. parallel to the
West line of above said Tract 3, 456.841feet to a
point 176.96 feet South of the North line of said
Tract 3, thence N. 88028107" W, a distance of 50
L1 feet, thence S 0°43'57" W parallel with the west
line of said Tract 3, a distance of 456.84 feet to
the True Point of Beginning.
*�.. This Agreement and Covenants is conditioned upon said legally
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described property being rezoned from Multiple Residential
High Density (RMH) to General Commercial (CG).
5. Additional limitations and requirements applicable
to the entire property within the ownership of Owner legally
described in Paragraph No. 3 shall be subject to the additional
limitations and requirements:
a. Drainage of the subject property shall be
controlled by Owner and necessary installation of
such facilities as required by city ordinances and
building code.
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b. The warehouse addition contemplated to
be added to the existing retail furniture store
shall be used exclusively for warehouse facilities.
C. A Greenbelt shall be provided in accordance
with the Edmonds zoning requirements on the east
edge of the length of the property zoned General
Commercial (CG).
d. The subject property shall be kept clear
of debris and litter. In the event debris or litter
accumulates the City of Edmonds may notify Owner
and give Owner ten days to clean the property of
debris and/or litter. In the event Owner does not
so clean said property Edmonds may make the necessary
arrangements, clean the property and send the bill
to Owner who hereby agrees to assume said expense.
e. In the event Owner's trucks overburden
242nd Street S.W. or 240th Street S.W., it is
understood that the City Council of the City of
.:« Edmonds may impose load limit restrictions on said
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streets by ordinance.
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6. The duration of this Agreement and Covenants
shall be until the property of Owner which is zoned General
Commercial (CG) may be rezoned to some other zoning classifi-
cation, or application made to amend this Agreement and
Covenants by the then Owner and approved by Edmonds which
application shall be processed in the same manner as an
application for rezone.
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VOL C39 Fnc_F286
IN WITNESS WHEREOF the parties have executed this
Agreement and Covenants this 14 day of April, 1971..
OWNER
DOCES E RPRISES, INC., President
i
DOCES ENTERP7ISES, INC., Stcretary
/
G. CES, vi ua ly
CITY OF EDMONDS
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MA OR
ATTES-'P
CITY CLERK
u7
•"� STATE OF WASHINGTON )
ss.
�l COUNTY OF )
On this.2,-J day of April, 1971, before me, the
undersigned, a Notary Public in and for the State of
Washington, duly commissioned and sworn personally appeared
G. John Doces, President of Doces Enterprises, Inc., and
Sam J. Doces , Secretary of Doces Enterprises,
Inc. 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
fk.ee and voluntary act and deed for the uses and purposes
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: VOL 41JO FA Elf �
therein mentioned.
WITNESS my hand and official seal hereto affixed the
day and year in this certificate above written.
No
ary Public
in d fo
the State
o
Washington,
residing
atl=jk,,b,.c�>
STATE OF WASHINGTON )
COUNTY OF )
On this % day of April, 1971, 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
Jln,^y of Washington, residing at;,;.f;."....
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RECORR4,
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F ("Ir+1 RECORDS
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EXHIBIT "A"
T'-,-:: LDrtion of Tract. 3, "Lake McAleer Five Acre Tracts,"
accordto the plat thereof recorded in Volume 5 of
Pats, T, page 48, records of Snohomish County, Washington,
described as follows:
Corti encing at the Southwest corner of said Tract 3, thence
S 88026'18" E. along the South line cf said Tract 3, a
distance c 80.00 fee' to thr- True Point of Beginning of
the tract of land herein described; thence continuing
S 88026'18" E. along the South line of said Tract 3, a
distance cf 50 feet, thence N 0043157" E. parallel to the
West line of above said Tract 3, 456.84 feet to a. point
176.96 feet South of the North line of said Tract 3,
thence N. 88028'07" W, a distance of 50 feet, thence
S Cc43'57" W parallel with the west line of said Tract 3,
a distance of 456.84 feet to the True Point of.Beginning.
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THIS REZONE IS SUBJECT TO SPECIAL COVENANTS, REFER TO
PLANNING DEPARTMENT FILE NO. R-1-71 FOR DETAILS
CITY OF EDMONDS
AMENDMENT TO ZONING MAP
ORD. NO. 1544 DATE APR. 6, 1971
APPROVED:
MAYOR
ATTEST _ __ _
CITY CLE K