Ordinance 2123ORDINANCE 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-
PERTY PROPOSED TO BE ANNEXED INTO THE CITY AS
OPEN SPACE (OS); PROVIDING THAT SAID ZONING
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
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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,
and
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.
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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:
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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 (750) 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.
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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:
MffliR,
ATTEST/AUTHENTICATED:
j11�pi k-1 7K2/4-,ly-� gzd
CITY CLERK, IRENE TARNEY MORAN
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
BYO������
FILED W\& THE CITY CLERK: February 12, 1980
PASSED BY THE CITY COUNCIL: February 19, 1980
POSTED: February 20, 1980
EFFECTIVE DATE: February 25, 1980
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CORRECTED LEGAL DESCRIPTION EXHIBIT "A"
LEGAL DESCRIPTION FOR PROPOSED ANNEXATION
OF THE UNION OIL PROPERTY TO T}11: CITY OF EDMONDS
Th ptn of the N 1/2 of Sec 26 Twp 27 N Rge 3E, W.m., in Snohomish County, Washington,
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 r1w; th S 88 55'41" E a1g the N In of sd Sec 26, a dist of 1501.81 ft
to the W'ly mgn of the r/w of SR 104 be the exist city limits of Edmonds; th S 1008'S4" IV
alg sd r/w mgn and city limits a dist of 895.44 ft; th S 1204911S" W alg sd r/w mgn and
city limits a dist of 342.977 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 88 S1'46" IV alg sd S In tap on the outer harbor 1n; th N Ii 30' E
alg sd outer harbor In tap on the N In of sd Sec 26, sd pt be on the Edmonds City Limits;
th S 42o34134" E alg sd city limits tap on the W'ly mgn of the Burlington Northern r/w;th N 47 25'26" E alg sd W'ly mgn tap on the N In of sd Sec 26, sd pt be the TI10B.
EXHIBIT "B"
Page 1
PARCEL
ALL THAT PORTION OF GOVERNNiENT .-LOT 1 AND OF TIDELAND, LOT 1, IN SECTION
26, TOWNSHIP 27 NORTH, RANGE 3 EAST, W.M., IN SNOHOMISH COUNTY, WASHING -
TON, LYING WESTERLY OF THE WESTERLY LINE OF THE GREAT NORTHERN RAILWAY;COMPANY RIGHT-OF-WAY -AS CONVEYED BY INSTRUMENT RECORDED IN VOLUME 17
OF DEEDS, PAGE 132 AND IN VOLUME 38.-OF DEEDS, PAGE 412., AND LYING SOUTHERLY
OF -THE FOLLOWING DESCRIBED LINE.:,
BEGINNING AT A POINT OF INTERSECTION OF ORIGINAL WESTERLY LINE OF GREAT
NORTHERN RAILWAY COMPANY'S RIGHT-OF-WAY WITH THE NORTH LINE OF SAID
SECTION 26, SAID POINT BEING 688.-03 FEET IESTERLY OF THE NORTH QUARTER
CORNER OF SAID SECTION; THEENCE SOUTH 42°34'34" WEST, 54e17 FEET; THENCE
SOUTH 47025'26" EAST 150.FEET;- THENCE SOUTH 42°34'34" WEST, 765.65 FEET, ALONG
THE WESTERLY LINE OF THE GREAT'NORTHERN RAILWAY COMPANY'S RIGHT-OF-WAY
TO THE TRUE POINT OF BEGINNING OF SAID LINE; THENCE NORTH 47°25'26" WEST
41E.11 FEET, MORE OR .LESS, TO POINT OF INTERSECTION WITH THE INNER. HARBOR
LINE.
PARCEL' Il�:
EXHIBIT "B"
-- - page 2
THAT PORTION .OF GOVERNMENT- LOT 3, SECTION 23, AND OF GOVERNMENT LOT 1
AND THE NORTI-LEAST QUARTER- OF SECTION 26, TOWNSHIP 27 NORTH, RANGES EAST,
IN SNOHOMISH COUNTY, WASHINGTON, DESCRIBED. AS FOLLOWS:
COMMENCING AT THE CONCRETE' MONUMENT AT THE SOUTHWEST CORNER OF THE
NORTHWEST QUARTER OF SAID NORTHEAST QUARTER OF SECTION 26; THENCE NORTH
88"51'46". WEST ALONG THE SOUTH LINE OF SAID -GOVERNMENT LOT 1, A DISTANCE OF
571.23 :FEET. TO. THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTH
88°51'46" WEST, 850.37 FEET TO A POINT ON THE EASTERLY MARGIN OF THE BURLING-
TON NORTHERN RAILWAY RIGHT-OF-WAY, SAID POINT BEING ON A 976.60 FOOT RADIUS
CURVE CONCAVE TO THE EAST, A RADIAL AT SAID POINT BEARING SOUTH 70012'20"
EAST; THENCE NORTHERLY ALONG SAID RIGHT-OF-WAY LINE AND CURVE, AN ARC
DISTANCE OF 388..31 FEET TO A POINT OF TANGENCY; THENCE NORTH 42°34'34" EAST
ALONG.SAID RIGHT-OF-WAY LINE-1316.83 FEET TO A CONCRETE .MONUMENT AT THE
INTERSECTION OF THE NORTH LINE. OF SAID SECTION 26 WITH SAID EASTERLY MAR-
GIN OF THE BURLINGTON NORTHERN RAILWAY RIGHT-OF-WAY AND FROM WHENCE
THE NORTHEAST CORNER OF SAID SECTION 26 BEARS SOUTH 88055'41" EAST; THENCE
CONTINUING NORTH 420,3434" 'EAST ALONG; SAID RIGHT-OF-WAY, 327.47 FEET;. THENCE
SOUTH 47030'00" EAST, 716.15 FEET; THENCE SOUTH 42030'00" WEST 195. 00 FEET;
THENCE SOUTH 48000'00" EAST 440.00 FEET; THENCE SOUTH 44030'00" EAST 400.00 FEET;
THENCE SOUTH 64011'45" EAST 248.85 FEET- TO THE WESTERLY MARGIN OF SR 104 AS
CONDEMNED BY THE STATE OF WASHINGTON FOR STATE ROAD 104 BY DECREE ENTERED
IN' SNOHOMISH COUNTY SUPERIOR COURT CAUSE NO. 106375; THENCE SOUTH 12049'15"
WEST ALONG SAID MARGIN 187. 97 FEET; THENCE SOUTH 83°07'35" WEST ALONG SAID
tv9ARGIN 297.82 FEET; THENCE SOUTH 1008'15" WEST 24.00 FEET TO A POINT 26.00 FEET
NORTH 1008'15" EAST OF THE SOUTH LINE OF SAID NORTHWEST QUARTER OF THE
NORTHEAST QUARTER OF SECTION 26; THENCE NORTH 88°51'46" WEST PARALLEL WITH
SAID SOUTH LINE 577.31 FEET TO.T.HE POINT OF CURVATURE OF A CURVE TO THE
RIGHT HAVING A RADIUS OF 480 FEET; THENCE NORTHWESTERLY ALONG SAID CURVE
284.84 FEET TO THE POINT OF TANGENCY; THENCE NORTH 54"51'46" NEST 207.70 FEET
TO THE POINT OF CURVATURE OF A CURVE TO THE LEFT HAVING A RADIUS OF
5.20 FEET; THENCE NORTHWESTERLY ALONG SAID CURVE .97.30 FEET TO THE PO1N•T
OF TANGENCY; THENCE NORTH 65035'00" WEST '37.89 FEET TO THE POINT OF CURVA-
TURE OF A CURVE TO THE LEFT HAVING A RADIUS OF 205 FEET; THENCE WESTERLY
ALOING SAID CURVE 264.77.FEET TO A POINT OF A CONIPOUND CURVE HAVING 'A RAD-
IUS OF 120 FEET;. 'THENCE SOUTHERLY ALONG SAID CURVE 129.85 FEET TO THE
POINT O.F TANGENCY; THENCE SOUTH 21035'00" EAST 113.72 FEET TO THE TRUE P0114T
OF BEGINNING;
SUBJECT TO A 10 FOOT WIDE SLOPE EASEMENT ALONG. THE SOUTHERLY LINE ADJACENT
TO THE PINE,STREET EXTENSION ROAD.
EXHIBIT "B"
PAGE 3
PARCEL III
THAT PORTION OF GOVERNMENT LOT 1; SECTION 26 AND THE NORTHEAST QUARTER
OF SECTION 26 IN TOWNSHIP 27 NORTH, RANGE 3 EAST, W.M., IN SNOHOMISH COUNTY,
WASHINGTON, -DESCRIBED AS FOLLOWS:
.BEGINNING AT A CONCRETE MONUMENT AT THE SOUTHWEST CORNER OF THE NORTH-
WEST QUARTER Of'SAID- NORTHEAST QUARTER OF SECTION 26; THENCE NORTH
88051'46" WEST ALONG THE SOUTH LINE OF SAID GOVERNMENT LOT I, A DISTANCE
OF 527. 86 FEET; ..THENCE .NORTH. 21035100" WEST 130.47 FEET TO THE POINT OF CURVA-
TURE OF A CURVE TO -THE RIGHT HAVING A RADIUS OF 30 FEET;. THENCE NORTHERLY
ALONG SAID: CURVE 86.57 FEET TO- A POINT OF A COMPOUND CURVE HAVING A RADIUS
OF 165 FEET; .THENCE EASTERLY ALONG. SAID CURVE .213.10 FEET TO THE POINT OF
TANGENCY; THENCE 'SOUTH 65035-00" EAST 37..89' FEET TO THE POINT OF CURVATURE
OF A- CURVE TO -THE RIGHT HAVING A RADIUS OF 480 FEET; THENCE SOUTHEASTERLY
ALONG SAID CURVE 89.81 FEET TO THE POINT OF TANGENCY; THENCE SOUTH 54151146"
EAST 207.70 FEET TO THE POINT OF CURVATURE OF A CURVE TO THE LEFT HAVING
A RADIUS OF 520 FEET; THENCE SOUTHEASTERLY. ALONG SAID CURVE 187.64 FEET TO
A POINT ON T.HE SOUTH LINE OF SAID NORTHWEST QUARTER OF THE NORTHEAST
;QUARTER, SAID POINT BEING SOUTH 88051'46" EAST 83.18 FEET FROM THE POINT OF
BEGINNING; THENCE NORTH 88151'46" WEST ALONG SAID SOUTH LINE 83.18 FEET TO
THE POINT OF BEGINNING;
SUBJECT -TO A 10 FOOT WIDE SLOPE EASEMENT ALONG THE NORTH AND WEST LINES
ADJACENT TO THE PINE STREET EXTENSION ROAD.
EXHIBIT "C"
PARCEL IV:
THAT PORTION OF GOVERNMENT LOT '3, SECTION 23 AND
NORTHEAST QUARTER OF SECTION 26, ALL IN TOWNSHIP
IN SNOHOMISH COUNTY, WASHINGTON, DESCRIBED
THAT PORTION OF THE
27 NORTH, RANGE 3 EAST,
AS FOLLOWS:
COMMENCING AT A CONCRETE MONUMENT AT, THE INTERSECTION OF. THE NORTH
LINE OF SAID SECTION 26, WITH THE EASTERLY MARGIN OF THE BURLINGTON NOR—
THERN RAILWAY RIGHT-OF=WAY AND FROM WHENCE THE NORTHEAST CORNER OF
SAID SECTION 26 BEARS SOUTH 88055'41" EAST; THENCE NORTH 42°34'34" EAST
ALONG SAID EASTERLY MARGIN 327.4.7 FEET TO THE TRUE POINT OF BEGINNING;
THENCE SOUTH.47°30'00" EAST 716.15 FEET; THENCE SOUTH 42'30'00" WEST
195.00 FEET; THENCE SOUTH 48°00'00" .EAST .440.00 FEET; THENCE SOUTH 44030'00"
EAST 400.00 FEET; THENCE SOUTH. 64"11'45" EAST • 248. 85 FEET TO THE WESTERLY
MARGIN OF SR 104 AS CONDEMNED BY THE STATE OF WASHINGTON FOR STATE
ROAD 104 BY DECREE ENTERED IN SNOHOMISH COUNTY SUPERIOR COURT CAUSE
NO. 106375; THENCE NORTH 12°49'15" EAST ALONG SAID WESTERLY MARGIN -
155.00 FEET; THENCE CONTINUING ALONG SAID WESTERLY MARGIN NORTH 1008'54"
EAST 1015.00 FEET; THENCE ,SOUTH 73000'00" WEST 240.00 FEET; THENCE NORTH -
880.30'00" 1VEST 110.00 FEET; THENCE NORTH 66000'00" VdEST 140.00 FEET; THENCE
NORTH -40000'00" WEST .125. 00 FEET; THENCE NORTH 1°00'00" WEST 200.00 FEET;
THENCE NORTH.37°00'00" WEST 260.00.FEET; THENCE SOU'rH -71°00'00" WEST
401.09 FEET TO A POINT ON THE SAID EASTERLY MARGIN OF THE BURLINGTON
NORTHERN RAILWAY RIGHT—OF—WAY-, SAID POINT BEING NORTH 42034'34" EAST
288.90 FEET FROM THE TRUE POINT OF BEGINNING; THENCE SOUTH 42°34'34"
.WEST ALONG SAID EASTERLY MARGIN 288.90 FEET TO THE TRUE POINT OF
BEGINNING. '
VICINITY MAP
SCALE: I" = 800,
PROPOSED
ANNEXATION
41
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CITY OF EDMONDS
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TOWN OF WOODWAY
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 , 19$ 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 �,Zo day of
c�cv��• . 19 8 d .
N tar Public in and for the
State of Washington, residing
at