Ordinance 2132ORDINANCE NO. 2132
AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON,
AMENDING THE COMPREHENSIVE POLICY PLAN MAP BY
CHANGING THE DESIGNATION OF CERTAIN DESCRIBED
PROPERTY IN THE CITY FROM INDUSTRIAL TO BUSINESS;
AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF
EDMONDS, WASHINGTON, BY CHANGING THE ZONING
CLASSIFICATION OF CERTAIN PROPERTY LOCATED WITHIN
SAID CITY FROM INDUSTRIAL PARK (IP) TO GENERAL
COMMERCIAL (CG) AND OPEN SPACE (OS); AND
AUTHORIZING THE EXECUTION OF AN AGREEMENT AND
COVENANTS, PURSUANT TO PLANNING COMMISSION
RESOLUTION NO. 647.
WHEREAS, the Edmonds Planning Commission has held a
public hearing on the following amendment to the Edmonds Compre-
hensive Policy Plan Map and the following amendments to the
Official Zoning Map and has forwarded its recommendations to
the City Council in Planning Commission Resolution No. 647, and
WHEREAS, a public hearing was called by the City Council
of the City of Edmonds, Washington, and at the conclusion of said
hearing the City Council determined as follows:
1. That the Findings of Fact and Conclusions as con-
tained in Planning Commission Resolution No. 647 are correct and
the City Council hereby adopts the same as if set forth in full.
2. That the proposed amendment to the Comprehensive
Policy Plan Map and the proposed amendments to the Official Zoning
Map, as limited by the concomitant zoning agreement tendered by
the owners to the City, will be in the best interests of the public
health, safety and general welfare, now, therefore,
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO
ORDAIN AS FOLLOWS:
-1-
Section 1. The Comprehensive Policy Plan Map, adopted
by Section 12.04.090 of the Edmonds City Code is hereby amended
to change the designation of the following described property
from Industrial to cOmm!�rciaJ . The legal description of the pro-
perty is set forth on Exhibit "3", attached hereto and incor-
porated herein by this reference as if set forth in full.
Section 2. The Official Zoning Map of the City of
Edmonds, Washington, is hereby amended by changing the zoning
classification of the following described parcel of property
in the City of Edmonds, Washington, from Industrial Park (IP) to
General Commercial (CG). The legal description of the property
is set forth on Exhibit "C", attached hereto and incorporated in
full by this reference.
Section 3. The Official Zoning Map of the City of
Edmonds, Washington, is hereby amended by changing the zoning
classification of the following described parcel of property in
the City of Edmonds, Washington, from Industrial Park (IP) to
Open Space (OS). The legal description of the property is set
forth on Exhibit 'T", attached hereto and incorporated in full
by this reference.
Section 4. The Mayor is hereby authorized to execute
and the City Clerk to attest that certain document entitled
"Agreement and Covenants Constituting a Contract Rezone" con-
sisting of six typewritten pages executed by the owners on
the 24th day of April, 1980, and tendered to the City. The
City Clerk is further directed to record said "Agreement and
:WZ
Covenants Constituting a Contract Rezone" with the Snohomish
County Auditor's Office as a covenant running with the land.
All costs of recordation shall be paid by the owners.
Section 5. 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 VARNEY MORAN
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
BY Q'
FILL WITH THE CITY CJ
K: April 17, 1980
PASSED BY THE CITY COIL:April 29; 1980
POSTED: April 30, 1980
EFFECTIVE DATE: May 5, 1980
-3-
Exhibit "A"
Development Plan I
X I
i
Approximate Edge,oi ' ��� �
Union Oil Marsh IM
i• r;. • W •
y
It
a wu
Portion to
be Zoned O. S.
Portion to be Zoned C.G--L_`
HARBOR SQUARE-SLRA04
A Business Park b t Port o Edmonds April 22,1980 _
y he t f • .
LEGAL DESCRIPTION FOR THE PORT OF EDMONDS
COMPREHENSIVE PLAN AMENDMENT NO. CP.-2-79
EXHIBIT B
Legal description for the portion to be changed
from Industrial to Comiliercial
That portion of Government Lot 3, Section 23,
Township 27 North, Range 3 East, W.M., described as
follows; Commencing at the intersection of the south
line of Section 23, and the easterly right of way
line of the Burlington Northern Railroad; thence
along said easterly right of way north 42* 34' 34"
east 616.37 feet to the true point of beginning;
thence continuing north 42* 34' 34" east 731.18 feet
to the southerly right of 'way of Dayton Street;
thence along said southerly right of way line south
58* 17' 06" east 12.54 feet; thence south 88* 42'
06" east 524.29 feet; thence south 41* 39' 17" east
110.49 feet to the right of way of SR-104 (as
condemned under S.C.C. NO. 106375); thence south 1*
08' 54" west along said right of wav a distance of
800.00 feet; thence south 73* 00' 00" west 240.00
feet; thence north 88* 30' 00" west 110.00 feet;
thence north 66* 00' 00" west 140.00 feet; thence
north 40* 00' 00" west 125.00 feet; thence north 1*
00' 00" west 200.00 feet; thence north 3711 00' 00"
west 260.00 feet; thence south 71.* 00' 00" west
401.09 feet to the true point of beginning;
Excepting that portion of Government Lot 3 lying
southerly of a line 25 feet upland of the northerly
edge of the Union Oil Marsh and as depicted on Exhibit
"A" attached hereto.
LEGAL DESCRIPTION FOR THE PORT OF EDMONDS
REZONE NO. R-4-79
EXHIBIT C
Legal description for the portion to be rezoned from IP to CG.
That portion of Government Lot 3, Section 21,
Township 27 North, Range 3 East, W.M., described as
follows: Commencing at the intersection of the south
line of Section 23, and the easterly right of way
line of the Burlington Northern Railroad; thence
along said easterly right of way north 42* 34' 34"
east 616.37 feet to the true point of beginning;
thence continuing north 42* 34' 34" east 731.18 feet
to the southerly right of *way of Dayton Street;
thence along said southerly right of way line south
58* 17' 06" east 12.54 feet; thence south 88* 42'
06" east 524.29 feet; thence south 41* 39' 17" east
110.49 feet to the right of way of SR-104 (as
condemned under S.C.C. NO. 106375); thence south 1*
08' 54" west along said right of way a distance of
800.00 feet; thence south 73* 00' 00" west 240.00
feet; thence north 88* 30' 00" west 110.00 feet;
thence north 66* 00' 00" west 140.00 feet; thence
north 40* 00' 00" west 125.00 feet; thence north 1*
00' 00" west 200.00 feet; thence north 37* 00' 00"
west 260.00 feet; thence south 71* 00' 00" west
4U1.09 feet to the true point of beginning;
Excepting that portion of Government Lot 3 lying
southerly of a line 25 feet upland of the northerly
edge of the Union Oil Marsh and as depicted on Exhibit
"A" attached hereto,
LEGAL DESCRIPTION FOR THE PORT OF EDMONDS
REZONE R-4-79
EXHIBIT D
Legal description for the portion to be rezoned
from 1 P to OS
Teat portion of Government Lot 3, Section 23,
Township 27 North, Range 3 East, W.M., descrihed as
follows: Commencing at the intersection of the south
line of Section 23, and the easterly right of way
line of the Burlington Northern Railroad; thence
along said easterly right of way north 42* 34' 34"
east 616.37 feet to the true point of beginning;
thence continuing north 42* 34' 34" east 731.18 feet
to the southerly right of way of Dayton Street;
thence along said southerly right of way line south
58k 17' 06" east 12.54 feet; thence south 88* 42"
06" east 524.29 feet; thence south 41* 39' 17" east
110.49 feet to the right of way of SR-104 (as
condemned under S.C.C. NO. 106375); thence south 1*
08' 54" west along said right of way a distance of
800.00 feet; thence south 73* 00' 00" west 240.00
feet; thence north 88* 30' 00" west 110.00 feet;
thence north 66* 00' 00" west 140.00 feet; thence
north 40* 00' 00" west 125.00 feet; thence north 1*
00' 00" west 200.00 feet; thence north 37* 00' 00"
west 260.00 feet; thence south 71* 00' 00" west
401.09 feet to the true point of beginning; excepting
that portion of Government Lot 3 lying northerly of a
line 25 feet upland of the northerly edge of the Union
Oil Marsh and as depicted on Exhibit "A" attached hereto.
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.
There is no official newspaper or other newspaper printed and
published within the City.
the 30 day of APRIL
In accordance with RCW 35A.12.160, on
, 1980, affiant posted true and
correct copies of the attached Ordinance No. 2132 , passed by the
City Council on the 29 day of
APRIL
, 1980, at the
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
Edmonds Branch of United States Post Office
.201 Main Street
Edmonds, Washington 98020
DATED this 30 day of APRIL 1980.
SUBSCRIBED AND SWORN to before me this day of
19so . y�
of ry Public in and for the
State of Washington, residing
at
00
O
O
U %
CO
O
M
AGREEMENT AND COVENANT CONSTITUTING
A CONTRACT REZONE
This Agreement contains the covenants entered into between THE PORT OF
EDMONDS, a municipal corporation, hereinafter referred to as "THE PORT"
and the CITY OF EDMONDS, a municipal corporation, hereinafter referred to
as "THE CITY".
W I T N E S S E T H:
WHEREAS, THE PORT proposes the development of an approximately 14.6
acre parcel of real property in Edmonds, located at the southwest corner
of Dayton Street and State Route 104, and being more specifically
described as follows:
That portion of Government Lot 3, Section 23,
Township 27 North, Range 3 East, W.M., described as
follows: Commencing at the intersection of the south
line of Section 23, and the easterly right of way
line of the Burlington Northern Railroad; thence
along said easterly right of way north 42* 34' 34"
east 616.37 feet to the true point of beginning;
thence continuing north 42* 34' 34" east 731.1.8 feet
to the southerly right of way of Dayton Street;
thence along said southerly right of way line south
58* 17' 06" east 12.54 feet; thence south 88* 42'
06" east 524.29 feet; thence south 41* 39' 17" east
110.49 feet to the right of way of SR-104 (as
condemned under S.C.C. NO. 106375); thence south 1*
08' 54" west along said right of way a distance of
800.00 feet; thence south 73* 00' 00" west 240.00
feet; thence north 88* 30' 00" west 110.00 feet;
thence north 66* 00' 00" west 140.00 feet; thence
north 40* 00' 00" west 125.00 feet; thence north 1*
00' 00" west 200.00 feet; thence north 37* 00' 00"
west 260.00 feet; thence south 71.* 00' 00" west
401.09 feet to the true point of beginning; and
WHEREAS, THE PORT has applied for a change in the zoning of the
subject property from its current IP classification to CG and OS and has
tendered this agreement to the CITY; and
WHEREAS, THE CITY has caused the application in its entirety,
including, but not limited to the Environmental Impact Statement, to be
reviewed by its Planning and Engineering Departments and by its Planning
Commission, and has fully considered recommendations made after such
review; and
B005060198
1
VOL 1668 PAGE 2450
CITY CLERK
WHEREAS, THE PORT has determined a willingness and ability to
implement the terms of this agreement in the course of its proposed
development; and
WHEREAS, THE PORT and THE CITY are willing to enter into an agreement
for a contract rezone reclassifying the parcel from IP to CG and OS; now
therefore,
IT IS HEREBY AGREED AS FOLLOWS:
1 In consideration of THE CITY reclassifying the subject property
from IP to CG and OS, and for so long as the property remains so
classified, THE PORT covenants as follows:
A To develop the subject property in substantial accord with
the development plan set forth in Attachment "A" (including
additions thereto) attached hereto and made a part hereof by this
reference, subject to the right to make minor revisions including
but not limited to the following:
1) The number, arrangement, and shape of buildings may be
altered without increasing the gross floor area, general
distribution of buildings, or significantly altering the
looped circulation system;
2) Parking areas may be modified without reducing the
number of spaces provided, the general distribution of
spaces, or the amount of landscaping;
3) The number and arrangement of building service accesses
(overhead doors, loading docks, etc.) may be altered so long
as these service accesses are screened from both Dayton
Street and State Route 104.
Such minor revisions shall be subject to approval by the Edmond's
Department of Community Development.
B To develop the subject property in accord with the following
development standards:
1) The minimum setback for buildings from Dayton Street
and State Route 104 shall be twenty five (25) feet;
?) The minimum setback for parking from Dayton Street and
State Route 104 shall be ten (10) feet;
3) All outdoor display of merchandise shall be subject to
the same minimum setback as parking areas and the setback
area shall be well landscaped;
8005060198
2 VOL 1668 PAGE 245i
4) All signs and advertising devices shall be subject to
the requirements for signs located in a BC or IP zone
pursuant to Title 20, SIGN CODE, of th» Edmonds Land Use
Guidelines as now exists or may be hereafter amended or
recodified; -
5) Outdoor storage and/or assembly areas shall be screened
from Dayton Street and State Route 104 by a site obscuring
fence or buffer pursuant to Section 12.14.050(i) of the
Edmonds Land Use Guidelines as now exists or may be
hereafter amended or recodified;
6) All structures, fences and other architectural features
shall be compatibly designed to give the overall development
of the subject property unity and continuity;
7) The maximum building height shall be thirty five (35)
feet, anj ro building shall exceed two stories in height;
8) All buildings and structures shall be subject to
Architectural Design Board (ADB) approval.
C To limit the land uses established on the subject property
to those uses permitted by Section 12.13.270 of the Edmonds Land
Use Guidelines as now exists or may be hereafter amended or
recodified, and subject to the following:
1) The following uses shall be prohibited:
A)
Automotive wrecking;
B)
Automotive sales;
C)
Car washes;
D)
Drive-in Restaurants;
E)
Fuel storage yards;
F)
Kennels;
G)
Motels;
H)
Mobile home parks;
I)
Residences, except for
J)
Service Stations.
a caretaker and/or guard;
2) The following uses permitted in the CG zone shall be
limited as follows:
A) Small boat building, repair, and preparation shall
be limited to boats not exceeding sixty five (65) feet
in length;
B) Fabrication and sale of metal, wood, plastic,
cloth, and similar products of light industry shall
specifically exclude the fabrication of major
structural steel forms, boiler making, and similar
activities involving excessive noise, or major trucking
in terms of over -standard dimensions per unit or
over -standard weight of load, except for small boats.
8005060198 3 VOL 1668 PAGE 2452
0 That the northwest portion of the subject property used by
the Burlington Northern Railroad will. be fenced off from the
remainder of the development to eliminate indiscriminant access
across the railroad right of way.
E That all leases entered into by THE PORT shall be
conditioned upon the lessee meeting or exceeding the performance
standards established by Section 12.14.050 of the Edmonds Land
Use Guidelines as now exists or may be hereafter amended or
recodified, and not conducting activities in such a manner as to
become a nuisance to the surrounding neighborhood.
F That that portion of the subject parcel from the south
property line located within the "Union Oil" marsh to a line
twenty five (25) feet landward from the edge of the marsh should
be zoned "Open Space" to protect the integrity of the marsh. The
remainder of the property should be zoned CG.
G That in order to allow for future expanded access to the
edge of the marsh, THE PORT agrees to construct the following
walkway at such time as THE CITY constructs a connecting walkway
across the marsh from the south;
A walkway paralleling S.R. 104 from the interior looped
street to the south eastern corner of the subject parcel,
and proceeding from there along the edge of the marsh to
intersect with the existing path along the marsh in the
central southern portion of the subject parcel.
2 If consistant with the public health and welfare, THE CITY will
cause the necessary ordinances to be enacted to rezone the subject
property from IP to CG and OS for those uses as defined and permitted by
the Edmonds Land Use Guidelines, and for such uses as are contemplated and
intended by this agreement and the Attachments
3 Amendments to the development plan (Attachment "A") or this
Agreement may be made by either THE PORT or THE CITY upon application
filed in the same manner as a rezone application. No applications shall
be made by THE PORT or THE CITY or their successors or assigns to amend
the underlying zoning of CG and OS for a period of two years from the date
of this Agreement. Thereafter, either THE PORT or its successors or
assigns, or THE CITY may, upon application filed in the same manner as a
rezone application, apply to amend or terminate the provisions and
covenants of the Agreement or to change the zoning on said property. Said
application to change or terminate the provisions and covenants or to
rezone said property shall be heard in the normal manner at appropriate
public hearings as any other application for a rezone of property in the
City of Edmonds.
4 THE CITY shall be under no obligation to issue THE PORT or its
successors or assigns a building permit or other permits or approvals for
improvements or expansions upon any of the subject property of THE PORT
unless such improvements or expansions lie within the terms hereof and the
applicable ordinances at the time of any application for building permit
or other permits or approvals.
8005060198 4 V0,L 1668 PAGE 2453
CI 1-Y
C:Vic C
5 The Edmond's Department of Community Development is granted
authority to interpret and apply this agreement. Where there is
uncertainty and/or disagreement concerning any substantive term of this
agreement, including the Attachments, THE PORT may request that the matter
he put on the next available_agenda of City Council for a hearing and
resolution of the disagreement. If THE PORT disagrees with the decision
of City Council, the matter may he filed in the Snohomish County Superior
Court as a Request for a Declaratory Judgment or other appropriate action.
6 This agreement and each part of it shall be considered covenants
running with the land covered hereby and shall he binding upon the
successors and assigns of THE PORT and THE CITY. It shall be recorded
with the Snohomish County Auditor in the grantor/grantee index with THE
PORT being listed as grantor and THE CITY as grantee and all costs of such
recordation shall be paid by THE PORT. Such recordation and payment of
said costs shall be a condition precedent to THE PORT exercising any
rights under the terms of the agreement.
7 The terms of this agreement may be specifically enforced. If
either party shall bring suit to enforce any of the provisions of this
agreement, the prevailing party may be awarded reasonable attorney fees
and litigation costs in such amount as is set by the court.
IN WITNESS WHEREOF, the parties have executed this contract
this 36 clay of 1980.
THE PORT OF EDMONDS
Q,Y
P ESIDENT /
ATTEST:
SECRETARY
CITY OF EDMONDS
ATTEST:
4Cl Z_
E MONDS CITY C RK
8005060198 5 v01- i668 pAoE 2454
STATE OF WASHINGTON
ss.
County of Snohomish
On this day personally appeared before me Harve H. Harrison and
Irene Varney known personally to me as the Mayor and City Clerk of the
City of Edmonds, Wa. and who acknowledged that they signed the foregoing
instrument as their free and voluntary act and deed for the uses and
purposes therein mentioned.
.,„ G,j,ven under my hand and official
21
t Nam' 7t J �
STATE OF WASHINGTON
ss.
County of Snohomish
seal this —� v
day of �2-jc,�. , 1980.
,cam �=-�,c;t.� /✓ �J`v4Ck��
N,TARYT UBLIC in and for the
State of Washington,, residing
at
On this day personally appeared before me Gordon A. Maxwell and
T. P. Chittenden known personally to me as the President and Secretary
of The Port Commission of The Port of Edmonds, Wa. and who acknowledged that
they signed the foregoing instrument as their free and voluntary act and deed
for the uses and purposes therein mentioned.
Given under my hand and official seal this
�r
'�
JL
o
CO
V
Li_.;
22
day o f // O� , 1980.
'MXrPUBLIC in and f ?`.thy.
e of rngton, 5rdi4,g
8005060198
VO' 1668 PAGE 245,5
Exhibit "A"
Development Plan
%
Approximate Edge.ol
Onion Oil Marsh
4
Portion to
be Zoned O.S.
Portion to be Zoned
HAR'BOR SR.104
A Business Park by the Port of Edmonds
At
§1
April 22,1980
AGREEMENT AND COVENANT CONSTITUTING
A CONTRACT REZONE
co
This Agreement contains the covenants entered into between
THE I OF
EDMONDS, a municipal corporation, hereinafter referred to as "THE PORT"
and the CITY OF EDMONDS, a municipal corporation, hereinafter referred{ to
CD as THE CITY".
U*1 WITNESSETH:
t�
J WHEREAS, THE PORT proposes the development of an approximately 14.6
C�7 acre parcel of real property 1n Edmonds, located at the southwest corner
Of Dayton Street and State }route 104, and being more specifically
described as follows:
That portion of Government Lot 3, Section 23,
Township 27 North, Range 3 East, W,M., described as
follows: Commencing at the intersection of the south
line of Section 23, and the easterly right of.way
line of the Burlington Northern Railroad; thence
along said easterly right of way north 4P-* 34' 3411
east 616.37 feet to the true point of beginning;
thence continuing north 42* 34' 34" east 731.18 feet
to the southerly right of way of Dayton Street;
thence along said southerly right of way line south
58* 11' 06" east 12.54 feet; thence south 88* 42'
06" east 524.29 feet; thence south 41* 39' 1.7" east
11.0.40 feet to the right of way of SR-104 (as
condemned under S.C.C. NO. 106315); thence south 1*
08' 54" west along said right,of way a distance of
*800,00 feet; thence south 73* 00' boll west 240,00
feet; thence north 88* 30' 00" west 110.00 feet;
thence north 66* 00, 00" west 140.00 feet; thence
north 40* D0' 00" west 125.00 feet; thence north 1*
00' 00" west 200.00 feet; thence north 37* 00' Oo"
west 260.00 feet; thence south.71.* 00, 00" west
401.09 feet to the true point of beginning; and
WHEREAS, THE PORT has applied for a change in the zoning of the
subject property from its current IP classification to CG and OS and has
tendered this agreement to the CITY; and
WHER EAS; THE CITY has caused the application, in its entirety,
'including, but not.limited to the Environmental Impact Statement, to be
reviewed by its Planning and Engineering Departments and by its Planning
Commission, and has f ull,v. considered recommendations de •rev i.ow; and maafter such
ATTACHMENT 3
File No, R-98-107
' 8 0 0 5 a 6 U 198 1 VOL 668 PAGE 2450
WHEREAS, THE PORT has determined a willingness and ability to
implement the terms of this agreement in the course of its proposed
development., and
WHEREAS', THE PORT and THE CITY are willing to enter into an agreement
for a contract rezone reclassifying the parcel from IP. to CG and OS; now
therefore,
IT 'IS HEREBY AGREED AS FOLLOWS:
1 In consideration of THE CITY reclassifying the subject property
from IP to CG and OS, and for so long as the: property remains so
classified, THE PORT covenants as follows:
A To develop the subject property in substantial accord with
the development plan set forth in Attachment "A" (including
additions thereto) attached hereto and made a part hereof by this.
reference, subject, to the right to make minor revisions including
but not.limited to the following:
1) The number, arrangement, and shape of buildings may be
altered without increasing the gross floor area, general
distribution of buildings, or significantly altering the
looped circulation system;
2) Parking areas may be modified without reducing the
number of spaces provided, the general distribution of
spaces, or the amount of landscaping;
3) The number and arrangement of building service accesses
(overhead doors, loading docks, etc.) may be altered so long
as these service .accesses. are screened from both Dayton
Street and State Route 104.
Such minor revisions shall,be-subject to approval by the Edmond's
Department of Community Development,
B To develop the subject property in accord with the following
development standards;
1). The minimum setback for buildings from Dayton Street
and State Route 104 shall be twenty five ('25) feet;
?) The minimum.setback for parking from Dayton Street and
State Route 104 shall be ten (10) feet;
3) All outdoor display of merchandise shall be subject to
the same minimum setback as parking areas and. the setback
area shall be well landscaped;
800506011.98 VOL 1668 PAqE 245.1 .
2
4) All signs and advertising devices shall be subject -to
the requirements for signs located in a -BC or IP zone
pursuant 'to Title 20, SIGN CODE, of thry Edmonds Land Use
Guidelines as now exists or may be hereafter amended or
recodifi4i ,
5) -Outdoor storage and/or assembly areas shall be screened
t and State Route 104 by a site
from Dayton Street obscuring
fence or buffer pursuant to Section 12.14.050(i) of the
Edmonds Land Use Guidelines as. now exists: or may be
hereafter amended or.recodifiPd;
6) All structures., fences and -other architectural features
shall be compatibly designed to give the overall development
of the subject property unity and continuity;
7) The maximum building height shall he thirty five (35)
Feet, ani no building shall exceed two stories in height;
8) All bLli•ldings and structures shall be subject to
Architectural Design Board (AD8) approval.
C To limit the land uses established on the subject property
to those uses permitted by Section 1P..1B.270 of the Edmonds Land
Use Guidelines as now exists or may be hereafter amended or
recodified, and subject to the following:
1) The following uses shall be prohibited:
A) Automotive wrecking;
B) Au'tomotive sales;
C) Car washes;
D) Drive-in Restaurants;
E) Fuel storage yards;
F) Kennels;
G) Motels;
14) Mobile home parks;
I) Res-Hences, except for a caretaker and/or guard
J) Service Stations.
2) The following uses permitted in the CG zone shall be
limited as follows;
A) Small boat building, repair, and preparation.shall
be limited to hoats not exceeding sixty .:five (65) feet
in length;
B) Fabrication and sale of metal, wood,:plastic,
,cloth, and similar products of light industry shall
specifically exclude the fabrication of. major
structural steel forms, boiler making,:and similar.
activities involving excessive. noise, or major trucking
in terms of over -standard dimensions per unit or
over -standard weight of load,• except for small boats.
800506019$
3
VOL i-668 PA( h 2452.
D That the northwest portion of
the Burlington Northern Railroad
remainder of the development to
across the railr6.ad right of wa,y,
the subject property used by
will he fenced off from the
eliminate indiscriminant access
E That all Teases .entered into by THE PORT shall be
conditioned .upon the lessee meeting or exceeding the performance
standards established by Section 12.14,050 of the -Edmonds Land
Use Guidelines as now exists or may be hereafter amended or,
recodified, and not conducting activities in.such a manner as to
become a nuisance to the surrounding neighborhood,
F. That that portion of the subject parcel from the south
property line located within the "Union Oil" marsh to a line
twenty five (25) feet landward from the edge of the marsh should
be zoned "Open Space" to protect the integrity of the marsh, The
remainder of the property should be zones! CG.
G That in order to allow for future expanded access to the
edge of the marsh, . THE PORT agrees to construct 'the following
walkway at such time as THE CITY constructs a connecting walkway
across the marsh from the south;
A walkway.paralieling S.R. 104 from the interior looped
street to the south eastern corner of the subject parcel,
and proceeding from there along the edge of the marsh.to'
intersect with the existing path along the marsh in the
central southern portion of.the subject parcel,
2 If consistent with the public health and welfare, THE CITY will
cause the necessary ordinances to be enacted to rezone the subject
property from IP to CG and OS for those uses as refined and permitted by
the Edmonds Land Use Guidelines, and for such uses as are contemplated and
intended by this agreement and the Attachments
3 Amendments to the development plan (Attachment "A") or this
Agreement may be made by either THE PORT or THE CITY upon application
filed in the same manner as a rezone application. No applications shall
be made h,y THE PORT or 'THE CITY or their successors or assigns to amend
the underlying zoning of CG and OS for a per..iod of two years from the date
of this Agreement. Thereafter, either THE PORT or its successors or
assigns, or THE CITY may, upon application filed in the same manner as a
rezone application, app ly to amend or terminate the provisions and
covenants of the Agreement or .to change the zoning on said property. Said
application to change or terminate the provisions and covenants or to
rezone said property shall be heard in the normal manner at appropriate
public hearings as any other.. application for a. rezone 'of property in the
City of Edmonds.
4 THE CITY shall be under no obligation to issue THE PORT or its
successors or assigns a building permit.or other permits or approvals for
improvements or expansions upon any of the subject property' of THE PORT
unless such improvements or expansions lie within the terms hereof and the
applicable `ordinances at the time of any' appifcation for building permit
or other permits or approvals.
5 The Edmond's Department of Community. Development is granted
authority to interpret and apply this agreement. Where there is
uncertainty and/or disagreement concerning any substantive term of this
agreement, including the:t.Attachments, THE PORT may request that the matter
he put on the next available agenda of City Council for a hearing and
resolution of the disagreement. If THE PORT disagrees with the decision
Of City Council, the matter may- he riled in the Snohomish County Superior
Court as a Request for a Declaratory Judgment or other appropriate action.
6 This agreement and each part of it shall be considered covenants
running with the land coverer( hereby and shall he binding upon the
successors and assigns of THE PORT and THE CITY. It shall be recorded
with the Snohomish County Auditor in the grantor/grantee index with THE
PORT being listed as grantor and THE CITY as grantee and all costs of such
recordation shall be paid by THE PORT. Such recordation and payment of
said costs shall be a condition precedent to THE PORT exercising any
rights under the terms of the agreement.
% The terms of this agreement may be specifically enforced. If
either party shall bring suit to enforce any of the provisions of this
agreement, the prevailing party may be awarded reasonable attorney fees
and litigation costs in such amount as is set by the court.
IN WITNESS WHEREOF, the parties have executed this contract
th is day of 1980.
THE PORT OF EDMONDS
By
PRESIDENT'
ATTEST:.
^ �_2
SECRETARY
CITY OF EDMONDS
ATTEST:
� � l
E MONDS CITY C RK
80050601 OR 5 iil11 PRA Wr 24.54
STATE OR WAS14INGTON
ss.
County of Snohomish
On this day personally appeared before me Harve 1�. Harrison and
Irene Varney known personally to me as the Mayor and .City Clerk of the
City,of Edmonds, Wa. and who acknowledged.that they signed.the foregoing
instrument as 'their free and voluntary act and deed for the uses and
purposes therein mentioned.
,..... G,iXen under my hand and official seal this
day 1980,
of
,►• - NOTARY PUBLIC in and for the
State of Washington, residing
at
STATE OF WASHINGTON
ss.
County of Snohomish
d
On this day personally appeared before me Gordon A. Maxwell and
T. P. Chittenden known personally to me as the President and Secretary
of The Port Commission of The Port of Edmonds, Wa, and who acknowledged that
they signed the foregoing instrument as their free and voluntary act and deed
for the uses and purposes 'therein mentioned.
Given under my hand and official seal this----,;;F� day 0f 1980,
UJI
Q
7Y" PUBLIC in' -and f ?,,. t . o 17 ` N "'
of gton, sid7rkj -..�0 4
•� � ��1 'r Nay � A � N •
8005060
VOL 1668 PnE'245,5
• p9 / /
i
lb
s�
`e-) boy.
See Insert
N. W. aqp Gov. Lot 3 — - w --- N.E, Cor. Gov. Lot 3
DAYTON ST.
FF
4-0 1
P o
S. �.AF 890815
` 4-B T
Q` 4--A
B N
orZ j 5
C
CJ a o-
ARSH
M
y` 6 a r
w2i
x
y
ff- I N
I 1
4 Sec, Cor.
S. E. Cor; 'O' dV. Lol 3 `,
:'NOTE:
This is not a survey, it is a pane! map RAM, ✓u/y, '73
used for location of property only.
BASIS OF BEARINGS
le"A efatE DEPT. ar HIGHWAYS
N �.
W D d� /
- J
*b.
V
3h� 31
Saffff LINE OF SEMaY 23
LEASE DE3CRIPTION—pull-Blue N8.3
• That portlop of• Kn.ut tot 3. Settle" 23. Towathip 27
North; Range 3 Fast. Y.R., deterleed as follows: Coanroc-
ing at the inttmetion of the south liftc of said Section
23, and the eatttrl'y rightrof-way 1}ne of the Durlington _ -
Northern Dailraed; thence along sald easterly righP-of-qy
If.,. N nw:lj'E. 616.37 feet; thence N71'00'00'f, 401.09 ., .t
feet; thence 537 •Q0,'00'E, 25D.00 ieitti thtnee Nlb'17'C4•E. - -., i. r it-;;• r -.,, :-{ctL���-
�� 10:00 feet; th.na 343'42'D6'E, 120.00 feet; then. ' •,.,s•-}1,.-u,: '�;�.';' tea'.;+��c'-.i :+may :•. -.�;. :• pp :'�-'. •.
S88'42'06'E. ?b5.36; -fret; thence B4'�'SI'06'Y, 17.72 feet r-±•=•�+•: aid' - •: �- i� {
d to the Ttue Point of Beglgginq- then. N43•$1'OC'II. �D9.90 .. _ i•'i.`:YSt's,}'�::".�=7'•ict'e+,:-'•M!Cv''"tY
L" feet; thence 111, 54' . 140.000 fe}t; thence 343'51 0¢"E, Aya„�.,.f ;�� _ 3,?-L•a:'_•r'-'-
S_00 feet; thepcp "m%8'541E, 65.01 feet; thence 7,
543'Sl'O6'E, 59.15 lee t; thence.SeD-5l'O6'E, 20.00 feet; ,• 2 : _ .
thenro S01'oB'54'Y..$5.41 feet to a point of wive to
LWright having a iadfus of 50.QP feet; them South- •. • c " i ' .
westerly along the arc of said turvt through a central
angle of 90'09'001, as arc dtshnce of 78.67 feet; thenct y • 'e— '
Rim• 180'42'06•H 81.60 feet to the Trae Point of Deslnnin9. .. a
(Lontalning ap am of 3O•S65 square feet or 0,7tA acres.) P-air ' 7 -
� - S.tO` Situate In Snohmish County, Vashiogtan
y
16
d•.
£R•stao `\. n•an 4R4v-
• • ta•31'e•'
L+eeao
' ao• 1 �
. 'o LEASE AREA
141
o /
ti
e+as•aaii
L•to.to
•CERTIFICAT1Bu
i herehy'certi fy that Ahe map hereon is a true and correct
copy of the Surrey, and that the dlranslons and )ration
of the Wbn1d1a shown ther".3 an tarlmeta th�It tbOt ere 0e
8r
.oaroapl nt4 ea}, 1apa fan c •a ai1•yn,••nd tnae she
balidln9 is wholly wlthln the �t Res of said proPerty
according to oeasurements made January 27, 1903• In
ti jar •:
fort.ity with the standarco,ering m2tstration.
ds
._ "•-
,
04 to
Professional sa orwyor
'
eertiftcate no. 1892 -
-
i
ATA SURVEY FOR
Mo ►PIK - 019MIM I N
1N. 60Y'7; LOT 3, SEC. 23. T" 27 De., am 3 r-. W-M_
CITY OE EDMONDS. SNOHOMISH COUNTY. WASHINGTON
nao.r-
)44 a!
�V
Development Plan
r�
i �
• _:y',;7:::+� per` \
r
Oe
-
j
y
d. I
}
`►
—
�
II'
_ �!�. Taw �I. �. .fit R•. �T T: .V �.. w�. �.. �.
' wAM
EX. MIT A
ADDENDUM TO CONTRACT REZONE
WHEREAS, a document entitled "Agreement in Covenant Constitution a Contract
Rezone" was approved by the City of Edmonds pursuant to File No. R 4-69; and
WHEREAS, the City of Edmonds, on the application of the property owner and
following the process established by state law and City ordinance for the amendment of contract
rezones, has an approved amendment of said contract rezone, NOW, THEREFORE,
This Addendum is entered into by the City of Edmonds, Washington (hereinafter "City")
and Port of Edmonds, (hereinafter "Owner") under the terms and conditions set forth herein.
1. This Addendum is an amendment of
Covenant Constituting a Contract Rezone" recorded in
Washington, as Document No. 8005060198 and reco
records. Said underlying agreement is hereby amender
to -wit: By the repeal of Condition paragraph B.7 ar
paragraph B.7 reading as follows:
a document entitled "Agreement and
the land records of Snohomish County,
ded at Book 1668, Page 2451 of said
in, but only in,' the following respects,
d the insertion in its place of a new
The maximum building height shall be thirty-five (35) feet;
In all other respects the underlying agreement remains in full force and effect, except as
specifically amended herein.
DONE THIS 3 0 day of Al V$N $A-, 1998.
CITY OF EDMONDS
By:
Mayor Barbara S. Fahey
ATTEST/AUTHENTICATED:
By: ,�. Z /, &�—
Sandra S. Chase, City Clerk