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Ordinance 2168' WDT/trs 10/27/80 ORDINANCE NO. 2168 AN ORDINANCE OF THE CITY OF EDMONDS, WASH- INGTON, AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF EDMONDS, WASHINGTON, BY CHANGING THE ZONING CLASSIFICATION OF CER- TAIN PROPERTY LOCATED WITHIN SAID CITY FROM MULTIPLE -FAMILY, HIGH -DENSITY (RMH) TO COM- MUNITY BUSINESS (BC), AND AUTHORIZING THE EXECUTION OF AN AGREEMENT AND COVENANTS, PURSUANT TO PLANNING COMMISSION RESOLUTION NO. 662 WHEREAS, the Edmonds Planning Commission has held a public hearing and has forwarded its recommendations to the City Council, 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 determined the following: 1. That the findings of fact and conclusions of the Planning Commission contained in Planning Commission Resolution No. 662 are correct and the same are hereby adopted by the City Council and incorporated by this refer- ence as if set forth in full. 2. That the proposed rezone, as limited by the concomitant zoning agreement tendered to the City by the owners of several parcels, will allow development which is compatible with adjoining uses and is appropriate for the area. 0 3. The proposed zoning change, as limited by the concomitant zoning agreement, bears a reasonable relation- ship to the zoning and uses of the surrounding and nearby properties and will not be detrimental to adjoining proper- ties or uses. 4. That in accordance with the findings of the City's responsible official, there will be no significant adverse environmental impacts, 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, is hereby amended by changing the zoning classification of the following described parcel of property situate in the City of Edmonds, Washington, from Multiple -Family, High -Density (RMH) to Community Business (BC). The legal description of the property is Lots 37, 38, 39 and 40 of Block 98, Plat of the City of Edmonds, according to plat thereof recorded in Volume 2 of Plats, pages 38 and 39, Records of Snohomish County, Washington. 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 Constituting a Contract -2- Rezone" consisting of six typewritten pages which was executed by the owners of Lots 37, 38 and 40 on the third day of November , 1980, and tendered to the City. The City Clerk is further directed to record the document with the Snohomish County Auditor as a covenant running with the land. All costs of recording shall be paid by the owner. 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: ATTEST/AUTHENTICATED: CITY CLERK, IRE4 VARNEY MORAN APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: BY i 4�iw., 6 FILED WITH THE CITY CL RK: October 27, 1980 PASSED BY THE CITY CO NCIL: November 4, 1980 POSTED: November 5, 1980 EFFECTIVE DATE: November 10, 1980 -3- 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. In accoraance wlui JJ—-. -. - - -- the 5th day of November , 1980, affiant posted true and correct copies of the attached Ordinance No. 2168 ► passed by the 4th da City Council on the Y of November 19 80, 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 5th day of November , 1980. SUBSCRIBED AND SWORN to before me this day of 19 N tar Public in and for the State nt.z��ngt�� siding at M M AGREEMENT AND COVENANTS CONSTITUTING N N A CONTRACT REZONE O Richard R. Greiner, individually, and Richard R. Greiner as Personal Repre- sentative of the Estate of A.L. Greiner,and rD THIS AGREEMENT L6 made thus date between/HAGSART STOLE and ALICE r--t STOLE and LAURENCE G. HARRIS and CAROLYNNE R. HARRIS, hetea�teA te6eAAed O 00 to as "Ownex6," and the CITY OF EDMONDS, WASHINGTON, henea6ten te{etuc.ed to " "City." WHEREAS, the Owneu ante ownu&6 o4 ce'Ltain ptopetrty toeated in the City o�) Edmonds and mote paAti.c0axty de�scAibed ass set 4otth herein, and WHEREAS, Owneu have app.P_ied fott a change in the zoning ctas�si6icati.on of the ptopenty /jum MuP_ti.pte-Eamity, High -Density (RMH) to Community Ru6inms (8C) , and WHEREAS, the City haz caused the app.t icati.on in its entiAety to be reviewed by it6 Ptann i.ng and EngineeA ng Depahttments and its PR-anning Commizzion and hays 4u l y eonzidened their tecommendation made abten. zueh review and the neeommendat ows which the City binds to be apptopt late ane set f otth heAein, and WHEREAS, the Owne z cute wiTt i.ng to ,impP_ement the 6oteowing conditions in the eomz e o �, the pto po s ed dev eP_opment and have tenden.ed th is eonttaet to the City, now, thete�ote, IN CONSIDERATION o{ the City tectassi()ying the ptopeAty deg cti-bed VOL PAGES �tiU 8011070223 CITY CLERK Civic Center Edmonds, Wa--hinMon hexei.n from RMH to BC, and fIor so .tong as the pxopenty remains so cta,sz.iUed, Ownetus covenant and agree " {o.tows: 1. Owneu axe ownw o 6 that certain paxce2 o 6 teat pro peAty hexea6teA rebexxed to az ",subject property, " .6 tuate .in the City o U Edmonds, W"h.ington, and tegaUy de�scA bed " Lots 37, 39, and 40, Mock 98, City o U Edmo ndz , Wa6 h.ington, according to the plat the &eo U recorded to Vof-ume 2 oU ptat6, pages 38 and 39, tcecotcd6 o4 Snohomizh County, W"h,ington. 2. Notwithstanding any otheA proviz ions oU the Edmonds City Code, a,6 now or may hetea{ter be amended on recod.i{lied, the Owners agree to tunic the u6e oU the above described pupenty to retaie ztore3, bus.inuz and/or pro4u,s onct o�4 ices and zexvice uzu, and/or res.identiae, ,ing-uding s ingte bamUy. Speci%j ica ty exctuded are .intent e ups es .such ass automobite zatez and .6exvice, heavy equipment tsa u and .sexv,ice, food za2es (or on -,site consumption, tavern, theatre, bowP,ing alley, drive -.in bus,ine/s,s, commeAc.ia . pa t k i,ng .dot, and t a t ex sates. 3. 1U eompatibte with the public health, zaUety, and geneAa.2 wet6oAe, the City wit cause the necrosaxy ordinance to be enacted to rezone subject pxopmty 6xom RMH to BC. 4. Amendments to this agreement may be made by the OwneAz or the City upon application 4ited .in the same manner a,6 a rezone appeicat-ion; provided, howeveA, no appticati,on zha.0 be made by the Owner or the City to amend this agreement Uor a peh iod o U two (2) yewt.6 brom the date VOL 1689 PAU-462 801107n.?23 CITY CLERK • ' Civic Center Edmonds, WD"hingfon o� thiz agreement. ThexeaUteA, e.i theA the Owners oA the City may, upon appt i.cat o n, appt y to amend on tenm.i-na to the pno vizio" and co v enawt s o U tw agn.eement oA to change the zoning on the subject pr.opeAty oA any pont%on theAeo, . Said appti,cation to change oA teAm.i,nate this agxeement oA to rezone the subject pr.openty 6ha t be heard in the noAma2 mannex at appn.opAiate pubtic heaA,i.ngs as any otheA apptica ion 4oA a rezone oU pno peaty in the City o�) Edmonds. 5. The City ,sha.� be undex no obti.ga ion to issue to Owners oA their successors or. ",6igns buitdi,nq penm,lts, occupancy peAmits, use peAmi;t,s on otheA Ovwa,,s oA appr.ovaP.s ion .i.mpr.ovements on oA use o{ the subject pAopeAty un.P..e,&s such improvements on uses Zi.e within the teams oU thi,s agreement and the appficabAe City oxd nance6 at the time o4 any appticati.on 4oA such peAmi t on apptovat. G. This agreement, and each pant of .it, shaYl be eon�sidexed a covenant r.unninq with the ta.nd eoveAed hereby and shot be binding upon the Owners, theix successors and auigns, and the City. This agreement ,shaft be recorded with the Snohomish County AuditoA in the GAantoA/GAantee Index, with the Owneu being .P_ i,sted as GAantou and the City as GAantee. Aff, eo�stis o� such Aecordati,on sha2? be paid by Owners. Such Aeeardat%on and payment o{, costs sha — be a condition precedent to the Owners exeAct,sing any nights under the teams oU this agreement. 7. The teams q this agreement may be sped. )ica ty en6oreed by the City. I{ eltheA palmy bni.ngs suit to en�mce any oA the pAovizio" o� this agAeement, the pxevai?ing panty sha.l be awarded tea,sonabZe attorneys 8011070 2 2 beep and titi.gati..on co�st3 in such amounts ah cute aet by the Cou- t. this day o b /V P v F, 19 So . R CHARD R. RREIN. R, in- OWNERS: d' vid(ually i .tots 37 S 38 B.E'ock 98 ti RTCHARD R. GREINER, AS Personal Representative of the Estate of A. L. Greiner, deceased, .20;t�s 40 - bY-ock 98 t —+ MayoA, H. H. HaAA"on cn 7 zz ATTEST/AUTHENTICATED: ♦ . ,r b. aFa � i Cf CTT RNEy MURAN Z ST 4 WAMNGTON0G� o � N COUNT', On thus day peAzonaUy appeared beboAe me HAGBART STOLE and ALICE STOLE and to me known to be the indi vidua z deg cti.bed in and who executed the within and boAegoing instAu.ment, and ac nowP_edged that they signed the same as their 4Aee and votuntaAy act and deed �oA the uses and punpos e/s the Lein mentioned. GI VEN under. my hand and o b ��ii.at s eat thus' T day o 6. 9 8 0. C T 8011070 2 OTA y PUBLIC in and bon the State o 6 W" hi.ngton, AMiding at VOL 1683 PAGEi623 tr7 f. CIP( ('L--*RK STATE OF WASHINGTON, 'Civic CenY3r YAKI MA ss. Eamt a,i . '!'i.: Itlil:; SECURITY TITLE County of On this day personally appeared before me RICHARD R. GREINER, individually, and as Personal Representative of the Estate of A. L. Greiner, deceased, to me known to be the individual described in and who executed the within and fore' n +�rd�t ct�'nieq %tld acknowledged to me that he signed the same as his free and va o-, -aet' nd deed the purposes therein mentioned. and as Personal RepreSeritativ3 Estate. 10f ;`".+ the Estate of A. L. Greiner, deceased. Given under my hand and o//i d sre l zs 31st ' t'o•r 6(!f I. �9L` . 8011070223 Notary Public in and for the State of Washington, residing at YaLz1MCI TL-34 1/66 Security Title Insurance Company of Washington — ACKNOWLEDGMENT — ORDINA M� i��3� e4.cF f63 bees and fitiqativK costs in such amotiat6 as cute set by .the Cotvi-t. )ated thus—_,_ day 0 OWNERS: tot,5 37 6 38 - Block 98 tots 40 - block 98 17 ATTEST/AUTHENTICATED: Mayon, H.H. Havti,6on I ' TPEM�v�ANEY bfORAN M ERK* -1 15 1 N (770� CO Adeline M. Bishop and Gloria J. Douglass On this day peuonatty appeoAed be.6one as,d LAURENCE G. HARRIS and CAROLYNNE R. HARRIS, to mn. `znown to be t,e dumibed in and who executed the wit[Lin and 6o-tegoinq iY11,StlLLUnemt, acknowtedqed that they signed the same as theiA 6&ee and voEuyi,-Ut,tg c.;,id deed !o)t the o,5ez and rutpo,5,&s theAein mentioned. C OtN unde,,L my hand ai,id o ciae sent thi,-s lay , C rU B I C n t k,, 46, State 0,J W(I'Sh1not., Z ISM 110 7 0? 2 3 'VOL 1-089 PAGE1631