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Ordinance 2118ORDINANCE 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 Multiple Family High Density (RMH) pursuant to Planning Commission Resolution No. 614, and authorizing the execution of an Agreement 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 1. The legal description of the property described in Ordinance No. 2059 passed by the City Council on March 20, 1979, and set forth in Exhibit "l", is hereby amended to read as set forth on Exhibit "l" attached to this Ordinance, and hereby incorporated in full by this 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 Owners of said property on the sc u 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. APPROVED: 1 MAYOR, H. H. HARRISON ATTEST/AUTHENTICATED: CITY CLERK, IRENE ARNEY MORAN APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: BY FILED THE CITY CLERK: January 23, 1980 PASSED BY THE CITY COUNCIL: February 19, 1980 POSTED: February 20, 1980 EFFECTIVE DATE: February 25, 1980 -2- EXHIBIT "1" That portion of Lot 16 and the west 90 feet of Lot 15, Lake McAleer Five Acre Tracts, according to plat thereof recorded in Volume 5 of Plats, page 48 records of Snohomish County, Washington, lying north and east of State Road 104 as condemned in Snohomish County Superior Court Case No. 109117 by decree entered August 11, 1971. V AFFIDAVIT OF POSTING ORDINANCE STATE OF WASHINGTON ) COUNTY OF SNOHOMISH ) ss: 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 20 day of February , 1980 , affiant posted true and correct copies of the attached Ordinance No. 2118, 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 . -G1irc/ SUBSCRIBED AND SWORN to before me this 1�0 day of .c , 1980. Tt� Notary Public in and for the State of Washington, residing at