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Ordinance 28640006.01049 JGR/naa 01/16/92 ORDINANCE NO. 2864 AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, ADOPTING PROPOSED ZONING REGULATIONS AND ANNEXING CERTAIN REAL PROPERTY TO THE CITY, PURSUANT TO THE PETITION METHOD, SAID PROPERTY COMMONLY KNOWN AS THE JOHNSTON ANNEXATION, CITY FILE NO. AX-2-90, AND LEGALLY DESCRIBED HEREIN, ESTABLISHING ZONING CLASSIFICATION, PROVIDING FOR THE ASSESSMENT AND COLLECTION OF TAXES, AND FIXING THE EFFECTIVE DATE OF THE ANNEXATION. WHEREAS, the City of Edmonds is a noncharter code city organized and existing under the provisions of Title 35A of the Revised Code of Washington, and WHEREAS, the City is authorized, pursuant to RCW 35A.14.330 and .340 to establish proposed zoning regulations to become effective upon the annexation of any area which might reasonably be expected to be annexed by the City at any future time, and WHEREAS, two public hearings have been held by the legislative body of the City to consider proposed zoning of the said property, which hearings were held pursuant to notice and were not less than thirty (30) days apart, and WHEREAS, the City Council has determined that the proposed zoning is consistent with the City's Comprehensive Plan and the orderly development of the City, and WHEREAS, the City of Edmonds, Washington, received a petition for annexation of certain real property commonly known as 11368.10/0006.01049 -1- the Johnston Annexation, the legal description of which is set forth in Exhibit A, attached hereto and incorporated in full by this reference, and which is identified by City file number AX-2- 90; and WHEREAS, the City Council held public hearings regarding the establishment of pre -annexation zoning on May 7, 1991, and July 2, 1991, and a hearing regarding the annexation thereof on July 2, 1991, and January 21, 1992, and caused due and proper notice of said hearing to be posted and published in accordance with the law and ordinance; and WHEREAS, said annexation was submitted to the Snohomish County Boundary Review Board, and said Board approved the annexation on November 2, 1991; and WHEREAS, the City Council has determined to require the property to assume the existing indebtedness of the City and to be taxed at the same rate applicable to all other property within the City; and WHEREAS, the Planning Board held a public hearing on June 12, 1991, to consider the appropriate zoning classification of the property; and WHEREAS, the City Council finds that the proposed annexation will have no significant adverse environmental impact, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: 11368.10/0006.01049 -2- Section 1. There has been filed with the City Council of the City of Edmonds, Washington, a petition in writing, signed by the owners of (100%) 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 outlying the boundaries of the properties thought to be annexed; that said petition set forth the facts that the City Council required the assumption of City indebtedness by the area requested to be annexed and that the City Council required simultaneous zoning; and that prior to filing of said petition the City Council indicated the tentative approval of said annexation. Section 2. July 16, 1991, was set as the date for public hearing on said petition, and notice of such hearing was duly published and posted in accordance with law and ordinance inviting interested persons to appear and voice approval or disapproval of the annexation. On May 7, 1991, and July 2, 1991, the City Council held two hearings regarding the establishment of pre -annexation zoning as a prelude to the simultaneous zoning of said property, notice of which was also given in accordance with law and ordinance. Section 3. The territory proposed by said petition to be annexed to the City of Edmonds is located in Snohomish County, Washington, is contiguous, proximate, and adjacent to the present corporate limits of said City and is more particularly described by 11368.10/0006.01049 -3- its legal description as set forth in Exhibit A, attached hereto and incorporated in full by this reference. Section 4. Territory set forth in this ordinance and for which said petition for annexation is filed, shall be and is hereby made a part of the City of Edmonds. Pursuant to the petition for annexation, this area shall be assessed and taxed at the same rate and ,on the same basis as property within the City for any now outstanding indebtedness to the City, including assessments or taxes in payment of any bonds issued or bonds contracted prior to or existing at the date of annexation. Section 5. The territory set forth in this ordinance for which said petition for annexation is filed is hereby zoned for purposes permitted by the classification known as Single - Residential 8,000 square feet (RS-8) as defined and permitted by the zoning ordinances of the City of Edmonds. Section 6. This ordinance, being an exercise of a power specifically delegated to the City legislative body, is not subject to referendum, and shall take effect five (5) days after passage and publication of the ordinance or an approved summary thereof consisting of the title. APPROVED: AYOR, U ALL ATTEST/AUTHENTICATED: C TY CLERK, HONDA J. MARCH 11368.10/0006.01049 -4- APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: BY FILED WITH THE CITY CLERK: January 16, 1992 PASSED BY THE CITY COUNCIL: January 21, 1992 PUBLISHED: January 26, 1992 RE -PUBLISHED: February 14, EFFECTIVE DATE: January 30, 1992 REV. EFFECTIVE DATE: ORDINANCE NO. 2864 11368.10/0006.01049 -5- 1992 February 1.9, 1992 Johnston Annexation AX-2-90 Revised 10/11/91 Beginning at a point on the existing City Limits of Edmonds, Washington, being the intersection of the centerline of 218th St. S.W. and the centerline of 92nd Ave. W.; thence northerly along said centerline of 92nd Ave. W. to its intersection with the easterly extension of the southerly boundary of Wischer's Del Mar Addition, as recorded in Volume 15 of Plats, Page 64, records of Snohomish County, WA; thence westerly along said easterly extension and said southerly boundary to the most northeastly corner of Preview Homes Westgate Village, as recorded in Volume 20 of Plats, Page 28, records of Snohomish County, WA; thence southerly along the most easterly boundary of said plat to the southeast corner of Lot 13; thence westerly along the southerly line of Lot 13 and 12 to its intersection with the east line of Lot 10; thence southerly along -the east line of Lots 10, 9, and 8 to the southeast corner of Lot 8; thence easterly along the southerly line of the north 500 feet of Lot 13 of Alderwood Manor No. 9, as recorded in Volume 10 of Plats, Page 6, records of Snohomish County, WA, to its intersection with the east line of the west 90 feet of said Lot 13; thence southerly along said east line to its intersection with the south line of the north 600 feet of said Lot 13; thence westerly along said south line to its intersection with the east boundary of the aforementioned plat of Preview Homes Westgate Village; thence southerly along said east boundary to the southeast corner of said plat; thence westerly along the south boundary of said plat to the southwest corner of said plat; thence southerly along the east boundary of Bellin Gardens, as recorded in Volume 50 of Plats, Page 29, records of Snohomish County, WA, to its intersection with the northerly right-of-way margin of 220th St. S.W.; thence easterly along said margin to its intersection with the westerly right-of-way margin of 92nd Ave. W.; thence northerly along said margin to its intersection with the westerly extension of the centerline of 218th St. S.W.; thence easterly along said extension to the Point of Beginning. KAYJOHN/TXTCLC25 E X H I B I T" A" STATE OF WASHINGTON, COUNTY OF SNOHOMISH, 2864 led upon.reaaest. tors 21'9t;: daV of 42 r}kMARCH'., aimexatlon'AX (sed 10/11l91 ., Of o point on''the: ,City Lim-#5 at ;+ s;. Wa5shlpgion;'; intersection Oi the' ?:of2.181h,Sf.. S.W, ., terllr a of 92nd ' or me soumeriy boundary of W(scher's Del Mar Addition as recorded in Volume 15 of Plots, Page 64, records of Snohomish County Wash.• thence westerly along sold easterly extension and said southerly boundary to the hiost'horlheastly corner of P�rreview .ybmes Westgate 'VMade as recorded in Volume 20 of plats Page 28, records -''of. Snohomish =County, Wo5h - thence southerly along ,the most. easterly boundary of said �nlat to the southeast corner of -Lot 13; thence westerly ' along the southerly line of Lot 13 and 12 to Its intersec• tionwith the east line of.Lot - 10;:.thence -southerly . a)ong the east line of Lots 10) 9 and 8. to the-southeasf corner ' of Lot 8; thence. , easiedly along the southerly line of the north 500 feet of 'Lot 13 of Aide recorde r Na 9 wood Manor as di in -Volume 16.of Plots, Page 6, . records..of Snohomish. nohh 600efeet of soldL t thence westerly along 1. south line to its inter. (on with the east bound. Of the oforementiri—I ss. Affidavit of Publication The undersigned, being first duly sworn on oath deposes and says that she is Principal Clerk of THE HERALD, a daily newspaper printed and published in the City of Everett, County of Snohomish, and State of Washington; that said newspaper is a newspaper of general circulation in said County and State; that said newspaper has been approved as a legal newspaper by order of the Superior Court of Snohomish County and that the notice ........................................ ...... of Ordinance No. 2864 ...................................................................................... ...... City .... . f ... E dm.o n.d.s...................................................................................... ...............................1. a printed copy of which is hereunto attached, was published in said newspaper proper and not in supplement form, in the regular and entire edition of said paper on the following days and times, namely: February 14, 1992 ........................................ ...................................................................................................................................... and that said newspaper was regularly distributed to its subscribers during all of said 'period. ,... f% incipal Clerk Subscribed and sworn to before i� this......18 t h day oi.: —4..............February........... 19..92.. ........_.................................................... otary Public in and for the Sta e o� Washington, residing at Everett, Snohomish ounty.) B- Affidavit of Publication STATE OF WASHINGTON, COUNTY OF SNOHO1ViISH, ss 4ANCE NO. 2864 The g ney undersigned, being first dui sworn on oath deposes and says t the City of nds, Washington tits council aofJfhe C,lV that she is Principal Clerk of THE HERALD, a daily newspaper IAsuinance mmary of the printed and published in the City of Everett, County of Snohomish, if at the tHfc, said ordinance, oand State of Washington; that said newspaper is a newspaper of , VrovlJes ANCE OF THE CITY , PRS5 0 SHINGTONG� general circulation in said County and State; that said newspaper D ZONIN IONS AND ANNEX- has been approved as a legal newspaper by order of the Superior ERTAIN REAL Y TOOTHE PET TI TY 09 Court of Snohomish County and that the notice ........................................ SAID PROPERTY :Y KNOWN AS THE IN ANNEXATION NO.RIBEDONENNy. AX-2•vo ANrS D...............Sumrna.r...of... Or.d.ina.nce... Na....28.5.4................................. ........ {ENCGZ (� 4E fI c odrE...............C-i.-y---of...Edmonds... �XAI of this Ordinance upon reauest. is 21st day of J. MARCH --------- .......... .... .................... ............................................................. ...... ...... 11e1T ,.A" a printed copy of which is hereunto attached, was published in said f a point on the Itv limits of a Washington anewspaper s p p proper and not in supplement form in the regular and i City Ordinance t pointIK Ie the entire edition of said paper on the following days and times, namely: of the center• 1J h dh St. S.W. and i.; thence North sold Cffy Ilmfts nterHpe of 92nd Its Intersection January, 26 1992 isterlyextension .........................s......----••----............................................ i line of Hie Plat .............................. Ws Del Mar ...................................................................................................................................... and that said newspaper was regularly distributed to its subscribers during all of sa'd period. ...................} ....%: ...:............'....: vim... : �... ..... � Principal Clerk Subscribed and sworn to before me this ......... 2.7.th........ day oisiffig .?..Jaauary - r ..f ........................1 19..92.. ................................gPubis in �rfd for the State of Washin ton, at verett, Snohomish County. B-2-1