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Ordinance 26860006.150.004B WSS/jib 8/30/88 ORDINANCE NO. 2686 AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF EDMONDS TO CHANGE THE ZONING DESIGNATION ON CERTAIN REAL PROPERTY LOCATED AT 21106-21118 SHELL VALLEY ROAD, FILE NO. R-3-88, FORM RS- 8/P.R.D. (SINGLE FAMILY) TO RM-3 (MULTI -FAMILY RESIDENTIAL), AUTHORIZING EXECUTION OF A CONCOMITANT ZONING AGREEMENT AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the Planning Board at a public hearing, considered the following amendments to the Official Zoning Map and made their findings and recommendations which were forwarded to the City Council, and WHEREAS, the City Council after public hearing reviewed the recommendations of the Planning Board and determined that the proposed amendment and agreement should be approved adopting as Findings of Fact and Conclusions of Law the attached Exhibit A, incorporated as if herein set forth. 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, as adopted by Section 17.00.010 of the Edmonds Community Development Code is hereby amended by changing the zoning classification of certain property hereinafter described from RS- 8/P.R.D. (Single Family Residential) to RM-3 (Multi -family Residential) subject to the Concomitant Zoning Agreement executed and recorded as provided herein. This approval does not release WSS508380 -1- any obligation of the Planned Residential Development (P.R.D.) approval binding said property. The legal description of the property rezoned is set forth in Exhibit B, attached hereto and incorporated hereby by reference as if set forth in full. Section 2. The Planning Director is hereby instructed to effectuate the necessary amendments to the Official Zoning Map of the City of Edmonds pursuant to this ordinance. Section 3. The Mayor is hereby authorized to execute and the City Clerk to attest to that certain document entitled "Concomitant Rezone Agreement for Lynn Park, A Condominium", attached hereto as Exhibit C and incorporated herein by this reference as if set forth in full. The City Clerk is further directed to record said Concomitant Zoning Agreement with the Snohomish County Auditor as a covenant running with the land. The cost of said recordation shall be paid by the owners. Section 4. 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 publication of a summary thereof consisting of its title, in the City's official newspaper. ATTEST/AUTHENTICATED: 67C-ITY CLERK, JACQUELINE G. PARRETT WSS50838O -2- APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: BY FILED WITH THE CITY CLERK: August 30, 1988 PASSED BY THE CITY COUNCIL: October 18, 1988 PUBLISHED: October 23, 1988 EFFECTIVE DATE: October 28, 1988 ORDINANCE NO. 2686 WSS50838O —3— WSS/jib 08/30/88 EXHIBIT A BEFORE THE EDMONDS CITY COUNCIL REZONE APPLICATIONS OF TAYLOR, MISCHKE & WATSON AND ELDER, JOHNSON AND LICHTENHAGEN f APPLICATION: R-2-88 AND R-3-88 PROCEDURAL SUMMARY On May 25, 1988, the Planning Board of the City of Edmonds conducted a public hearing regarding the contract rezone application R-2-88 of Robert Elder, Joseph Johnson and Richard Lichtenhagen to rezone property located at 21229 - 21239 Pioneer Way from RS-8 (Single Family Residential) to RM-3 (Multi -Family Residential); and On said date, the Planning Board also conducted a hearing regarding a similar rezone request R-3-88 that Dealther Taylor, David Mischke and Donald Watson to rezone property located at 21106 - 21118 Shell Valley Road from RS-8 (Single Family Residential) to RM-3 (Multi -family Residential). Both tracts were currently burdened by P.R.D. covenants. Said rezones are both intended to be subject to concomitant zoning agreements, copies of which are attached as Exhibits A and B and incorporated by this reference as fully as if herein set forth. The Findings of Fact and Conclusions of the Planning Board respectively are attached hereto as Exhibits C and D. On July 5, 1988, the City Council held seperate public hearing on each application. Based upon the evidence introduced at such hearings, the report of its Planning Board and its record, the City Council hereby approves said Concomitant WSS50839X -1- Rezoning Agreements and the preposed rezones as herein provided. FINDINGS OF FACT 1. The City Council hereby adopts as its Findings of Fact, the Findings of Facts of the Edmonds Planning Board, dated May 11, 1988 with respect to R-2-88 and with respect to R-3-88. CONCLUSIONS 1. The City Council hereby respectively adopts as its Conclusions, the Conclusions of its Planning Board in the Findings of Fact and Conclusions dated May 11, 1988 with respect to applications No. R-2-88 and R-3-88. DECISION In approving said Concomitant Rezoning Agreements and in adopting on ordinance thereby rezoning such property, the City Council hereby states its intent that no precedent with regard to the rezoning of an approved P.R.D. is established. The Council finds that, as is typically the case with real estate, each parcel is unique. The Council believes and finds that the rezone requests conform to the requirements to the Community Development Code and are practically necessitated in these instances. No special privilege will be granted to the property owners and existing circumstances constitute a change in the neighborhood supporting said rezones. Council further states its intent that nothing herein should be deemed to relieve the owners of properties within these areas of the prior existing obligations of the Planned Residential Development approval. The Planning `dSS50839X -2 Board is directed to consider, in any future subdivision/planned residential development review process, the necessity for an interlocking maintenance agreement in order to ensure continuation of the existing PRD maintenance agreement obligations for greenbelts, open public areas, and the other obligations of the Planned Residential Development approvals. DONE this 13th day of October , 1988. APPROVED AS TO FORM: OFFI ZOFTFIIECITII ATTORNEY: BY WSS50839X -3- EXHIBIT JO CONCOMITANT REZONE AGREEMENT FOR TERRA A CONDOMINIUM THIS AGREEMENT is made this date between ROBERT L. ELDER and CLAUDIA J. ELDER, husband and wife, and JOSEPH B. JOHNSTON, a single man, and RICIiARD J. LICHTENHAGEN and BECKY L_ LICHTENHAGEN, husband and wife, all hereinafter referred to as "OWNERS", and the CITY OF EDMONDS, WASHINGTON, a municipal corporation, hereinafter referred to as "CITY". WHEREAS, the CITY OF EDMONDS, WASHINGTON, a non -charter code city, under the laws of the State of Washington (Chapter 35A.63 RCW and Section 11 of the Washington State Constitution), has authority to enact laws and enter into agreements to promote the health, safety and welfare of its citizens and thereby control the use and development of property within its jurisdiction; and WHEREAS, the OWNERS own certain real property located in the City of Edmonds, County of Snohomish, State of Washington, which real property is more particularly described as follows, to wit: All apartments of La Terra, a condominium, according to survey map and floor plans recorded in Volume 37 of Plats, pages 204 through 207, inclusive, records of Snohomish County, Washington, under Auditor's File No. 7712220302 and as identified by declaration recorded under Auditor's File No. 7712220303; Together with an undivided 100 per cent interest in the common areas and facilities described in said declaration; Also known as Lot 10, Shell Park Division No. 2, according to the plat thereof recorded in Volume 36 of Plats, on pages 29 through 31, inclusive, records of Snohomish County, Washington. and, WHEREAS, the OWNERS have applied to the CITY for a change in the zoning classification of the subject property from RS-8 (Single Family Residential) to RM-3 (Multiple Residential); and, WHEREAS, the City has caused the application in its entirety to be reviewed by its Planning and Engineering Departments and by its Planning Board and, upon careful consideration of their recommendations, has determined that the requested zoning change is in the public interest, provided that the continued use, maintenance, and/or redevelopment of the subject property is in accordance with certain terms, conditions, and agreements which shall be set forth herein and hereafter considered to be integral parts of the zoning restrictions applicable to the subject property; NOW THEREFORE, IN CONSIDERATION of the mutual benefits derived by reason of the terms, conditions, and agreements hereinafter contained, the OWNERS and the CITY hereby covenant and agree to be bound by the terms, conditions, and agreements set forth as follows, to wit: 1. Irrespective of other provisions of the Edmonds City Code and/or Community Development Code, as now or may hereafter be amended or recodified, the OWNERS agree to limit use of the subject property to multi -family or multiple residential use, and the OWNERS further agree that no more than six (6) dwelling units shall be located upon the subject property or, in the event that the Page 1 of 4 subject property is withdrawn from the provisions of Chapter 64.32 of the Revised Code of Washington, i.e., the Horizontal Property Regimes Act (Condominiums) and subsequently subdivided into three (3) separate and independent lots, one for each of the three duplex buildings presently situated thereon, no more than two (2) dwelling units shall be located on any one of the three (3) lots into which the subject property may be so subdivided. 2. The OWNERS, their heirs, successors, and assigns, shall comply with all City ordinances and regulations applicable to the continued use, maintenance, subdivision, and/or redevelopment of the subject property, and nothing herein shall be construed as superseding such ordinances and regulations. 3. The CITY shall be under no obligation to issue to the OWNERS, their heirs, successors, or assigns, permits or other approvals for subdivision, redevelopment, or modification of the subject property, including the improvements presently situated thereon, unless such subdivision, redevelopment, or modifications are consistent with the terms of this agreement and/or with applicable City ordinances and regulations in effect at the time such permits and/or approvals are requested. 4. Any violation of this agreement by the OWNERS, their heirs, successors or assigns, shall be considered a violation of the City -of Edmonds Municipal Code and shall be subject 'to all applicable penalties. In addition, the - City of Edmonds may also elect to bring such action or actions as will accomplish the specific performance of this agreement.. S. This agreement- shall he filed in the records of the Snohomish County Auditor for the purpose of subjecting the subject property to the restrictions, conditions and limitations herein set forth, which are intended to be and shall have the force and effect of deed restrictions and shall be deemed to be covenants running with the subject land and be binding upon the OWNERS, their heirs, successors, and assigns. 6. This agreement shall become effective upon final approval by the CITY of the requested rezone of the subject property to the RM-3 (Multiple Residential) classification. IN WITNESS WHEREOF, the OWNERS and the CITY cause these presents to be executed this day of , 1988. �=- C-L�� , Z-Z2,� ROBERT L. ELDER CLAUDIA J. EL MR L 4BK,Y ICH ENHAGEN Page 2 of 4 CITY OF EDMONDS Y GkN,YOR TEST: � r 4AC9fANEPA.Ope, CITY CLER Page 3 of 4 STATE OF WASHINGTON) 1-4 COUNTY OF SNOHOMISH'A On this day personally appeared- before me ROBERT L. ELDER and CLAUDIA J. ELDER, his wife-, to me known to be the individuals described in and who executed the within and foregoing instrument, and acknowledged that they signed the same as their free and voluntary apvb and deed, for the uses and purposes therein mentioned. GIVEN under my hand official seal this I[/ day of October, 1988. Notary gublic in and for the Stdte-of Washington, residing at ►+DMA STATE OF WASHINGTON) ) SS. COUNTY OF SNOHOMISH) on this day personally 4eared before crate JOSEPH B. JOHNSTON, to me known to be the individual described in and who executed the within and foregoing instrument, and acknowledged that he signed the same as his free and voluntary act.and deed, for the uses and purposes therein mentioned. GIVEN under my hand official seal this day of October; 1988. Rotary Public Iri and for the Stiirte_of Washington, residing at - 7I3k�I STATE OF WASHINGTON) ) SS. COUNTY OF SNOHOMISH) On this day personally appeared before me RICHARD J. LICHTENHAGEN and BECKY L. LICHTENHAGEN, his wife, to me known to be the individuals described in and who executed the within and foregoing instrument, and acknowledged that they signed the same as their free and voluntary act and deed, for the uses and purposes therein mentioned. GIVEN under my hand official seal this day of October, 1988. �V_ � :��4 e - Notary Public in and for the St 'te . o£ Washington, residing at My ,��ss� isr,ry?5 '- Page 4 of 4 EXHIBIT B LEGAL DESCRIPTION FOR LYNN PARK, A CONDOMINIUM Lot 34, Shell Park Division No. 2, according to the plat thereof recorded in Volume 36 of Plats, on page 29, records of Snohomish County, Washington. (Formerly known as Lynn Park A Condominium, according to the condominium plat thereof recorded in Volume 37 of Plats, on pages 82 through 82 inclusive, records of Snohomish County, Washington.) SUBJECT TO the covenants, conditions, and restrictions contained in that certain Declaration of Covenants, Conditions, and Restrictions for Shell Park, as the same is recorded under Auditor's File No. 7605030255, records of Snohomish County, Washington; and, SUBJECT TO further easements, restrictions, and reservations of record, if any. EXHIBIT C CONCOMITANT REZONE AGREEMENT FOR LYNN PARK, A CONDOMINIUM THIS AGREEMENT is made this date between DEALTHER L. TAYLOR and LILLIE G. TAYLOR, husband and wife, and DAVID E. MISCHKE and KATHY MISCHKE, husband and wife, and DONALD L. WATSON and ANITA J. WATSON, husband and wife, all hereinafter referred to as "OWNERS", and the CITY OF EDMONDS, WASHINGTON, a municipal corporation, hereinafter referred to as "CITY". WHEREAS, the CITY OF EDMONDS, WASHINGTON, a non -charter code city, under the laws of the State of Washington (Chapter 35A.63 RCW and Section 11 of the Washington State Constitution), has authority to enact laws and enter into agreements to promote the health, safety and welfare of its citizens and thereby control the use and development of property within its jurisdiction; and WHEREAS, the OWNERS own certain real property located in the City of Edmonds, County of Snohomish, State of Washington, which real property is more particularly described as follows, to wit: All apartments of Lynn Park, a condominium, according to survey map and floor plans recorded in Volume 37 of Plats, pages 82 through 84, inclusive, records of Snohomish County, Washington, under Auditor's File No. 7705250339 and as identified by declaration recorded under Auditor's File No. 7705250340; Together with an undivided 100 per cent interest in the common areas and facilities described in said declaration; Also known as Lot 34, Shell Park Division No. 2, according to the plat thereof recorded in Volume 36 of Plats, on pages 29 through 31, inclusive, records of Snohomish County, Washington. and, WHEREAS, the OWNERS have applied to the CITY for a change in the zoning classification of the subject property from RS-8 (Single Family Residential) to RM-3 (Multiple Residential); and, WHEREAS, the City has caused the application in its entirety to be reviewed by its Planning and Engineering Departments and by its Planning Board and, upon careful consideration of their recommendations, has determined that the requested zoning change is in the public interest, provided that the continued use, maintenance, and/or redevelopment of the subject property is in accordance with certain terms, conditions, and agreements which shall be set forth herein and hereafter considered to be integral parts of the zoning restrictions applicable to the subject property; NOW THEREFORE, IN CONSIDERATION of the mutual benefits derived by reason of the terms, conditions, and agreements hereinafter contained, the OWNERS and the CITY hereby covenant and agree to be bound by the terms, conditions, and agreements set forth as follows, to wit: 1. Irrespective of other provisions of the Edmonds City Code and/or Community Development Code, as now or may hereafter be amended or recodified, the OWNERS agree to limit use of the subject property to multi -family or multiple residential use, and the OWNERS further agree that no more than six (6) dwelling units shall be located upon the subject property or, in the event that the Page 1 of 4 subject property is withdrawn from the provisions of Chapter 64.32 of the Revised Code of Washington, i.e., the Horizontal Property Regimes Act (Condominiums) and subsequently subdivided into three (3) separate and independent lots, one for each of the three duplex buildings presently situated thereon, no more than two (2) dwelling units shall be located on any one of the three (3) lots into which the subject property may be so subdivided. 2. The OWNERS, their heirs, successors, and assigns, shall comply with all City ordinances and regulations applicable to the continued use, maintenance, subdivision, and/or redevelopment of the subject property, and nothing herein shall be construed as superseding such ordinances and regulations. 3. The CITY shall be under no obligation to issue to the OWNERS, their heirs, successors, or assigns, permits or other approvals for subdivision, redevelopment, or modification of the subject property, including the improvements presently situated thereon, unless such subdivision, redevelopment, or modifications are consistent with the terms of this agreement and/or with applicable City ordinances and regulations in effect at the time such permits and/or approvals are requested. 4. Any violation of this agreement by the OWNERS, their heirs, successors or assigns, shall be considered a violation of the City of Edmonds Municipal Code and shall be subject to all applicable penalties. In addition, the City of Edmonds may also elect to bring such action or actions as will accomplish the specific performance of this agreement. 5. This agreement shall be filed in the records of the Snohomish County Auditor for the purpose of subjecting the subject property to the restrictions, conditions and limitations herein set forth, which are intended to be and shall have the force and effect of deed restrictions and shall be deemed to be covenants running with the subject land and be binding upon the OWNERS, their heirs, successors, and assigns. 6. This agreement shall become effective upon final approval by the CITY of the requested rezone of the subject property to the RM-3 (Multiple Residential) classification. IN WITNESS WHEREOF, the OWNERS and the CITY cause these presents to be executed this day of , 1988. DEALTHER L. TAYLOR l&1-1� C 77Z1.1- �1- DAVID E. MISCHKE L LLIE G. TAX ► FIRM r Z� �-, � :; 9-4 � ��� ANITA J. 49ATSON Page 2 of 4 CITY OF EDMONDS Page 3 of 4 STATE OF WASHINGTON) ) SS. COUNTY OF SNOHOMISH) On this day personally appeared before me DEALTHER L. TAYLOR and LILLIE G. TAYLOR, his wife, to me known to be the individuals described in and who executed the within and foregoing instrument, and acknowledged that they signed the same as their free and voluntary act and deed, for the uses and purposes therein mentioned. GIVEN under my hand official seal this— day of October, 1988. 16q,k �44� Notary Public in and for the St " -of Washington, residing at 6�'o Q,3�S STATE OF WASHINGTON) ) SS. COUNTY OF SNOHOMISH) On this day personally appeared before me DAVID E. MISCHKE and KATHY MISCHKE, his wife, to me known to be the individuals described in and who executed the within and foregoing instrument, and acknowledged that they signed the same as their free and voluntary act and deed, for the uses and purposes therein mentioned. t, GIVEN under my hand official seal this ll7! day of October, 1988. J. Notary Oublic in and for the Staff af' Washington, residing at - - 1' 1 ermmlS61'm e5xpir�s : 315 j4 - STATE OF WASHINGTON) ) SS. COUNTY OF SNOHOMISH) On this day personally appeared before me DONALD L. WATSON and ANITA J. WATSON, his wife, to me known to be the individuals described in and who executed the within and foregoing instrument, and acknowledged that they signed the same as their free and voluntary act and deed, for the uses and purposes therein mentioned. I,f GIVEN under my hand official seal this �T- day of October, 1988. ` Notary Public in and for t e St to of Washington, residing at� M� &4umi55iG� : 15 ti Page 4 of 4 EXHIBIT C° FINDINGS OF FACT AND CONCLUSIONS OF LAW CITY OF EDMONDS REZONE CITY OF EDMONDS FILE: #R-2-88 After notification in conformance with law, the Planning Board of the City of Edmonds conducted a public hearing on May 11, 1988 on the contract rezone application of Robert Elder, Joseph Johnston and Richard Lichtenhagen. The applicants have requested approval of a proposal to establish RM-3 (Multiple Family) zoning for property located at 21229 through 21239 Pioneer Way. Based upon the evidence presented thereat, the Planning Board makes the following findings of fact: FINDINGS OF FACT 1. The rezone area is located within the Planned Residential Development (PRD) of Shell Park Division No. 2. Specifically, the rezone covers Lot 10 of said PRD. The site contains 20,873 square feet of lot area. There are three duplex townhouse buildings located on the property. The subject property is currently zoned RS-8/PRD. 2. The townhouses were permitted uses under the original PRD. The original PRD of Shell Park allowed 64 dwellings units on 44 lots. There are four lots in the development that have multiple family structures. 3_ A determination of nonsignificance has been issued by the City on the rezone request. 4. The subject property is designated by the Comprehensive Plan Map as Low Density Residential, as is the surrounding area. 5. In 1977, the condominium plat of La Terra was filed covering the subject property. Unfortunately, for whatever reason, the proper paperwork was never completed. No homeowners association or maintenance agreements were set up. 5. The three duplex townhouses on the property are each held under separate ownership. None of the dwelling units are owner occupied. 6. Due to current financial practices, the Applicant submitted that there is no way for the owners to refinance the dwelling units. 7. No physical changes will result from the proposed rezone action. In conjunction with the contract rezone, the Applicants intend to file applications for a PRD and three lot subdivision. 8. No additional dwelling units will result from the rezone action. The original number of dwelling units in the Shell Park Div. No. 2 PRD will remain the same. Planning Board .—:commendation #R-2-88 . age 2 9. Only one witness testified in opposition to the request. His concerns centered upon notification to the Homeowners Association and possible violations of the covenants by the building owners. CONCLUSIONS OF LAW I. The current owners of the dwelling units are faced with financial problems. Refinancing for the dwelling units is difficult given the current banking practices for condominium financing. This is due to the requirement for owner occupancy ratios. 2. Opposition to the rezone has been expressed by one resident. 3. No significant adverse environmental impact will result from the contract rezone request. No additional dwelling units will be constructed and the overall density of the Shell Park PRD will remain the same. This is consistent with the Comprehensive Plan designation of Low Density Residential. 4. The public benefit, which would result from the rezone request, is that it is likely that the units will be more economically viable. RECOMMENDATION TO THE CITY COUNCIL The Planning Board of the City of Edmonds recommends to the City Council that Rezone Application R-2-88 be approved, subject to the recording of the concomitant agreement and approval of a new Planned Residential Development. This recommendation was passed by the Planning Board, three to two, with Don Lewis and Janet Phillips opposing the motion. PASSED the 11th day of May, 1988. LMER, CHAIR DMON S PLANNING BOARD PBRECR2/TXTDVB51 EXHIBIT p FINDINGS OF FACT AND CONCLUSIONS OF LAW CITY OF EDMONDS REZONE CITY OF EDMONDS FILE: #R-3-88 After notification in conformance with law, the Planning Board of the City of Edmonds conducted a public hearing on May 11, 1988 on the contract rezone application of Dealther Taylor, David Mischke and Donald Watson. The applicants have requested approval of a proposal to establish RM-3 (Multiple Family) zoning for property located at 21106 through 21118 Shell Valley Road. Based upon the evidence presented thereat, the Planning Board makes the following findings of fact: FINDINGS OF FACT I. The rezone area is located within the Planned Residential Development (PRD) of Shell Park Division No. 2. Specifically, the rezone covers Lot 34 of said PRD. The site contains 18,961 square feet of lot area. There are three duplex townhouse buildings located on the property. The subject property is currently zoned RS-8/PRD. 2. The townhouses were permitted uses under the original PRD. The original PRD of Shell Park allowed 64 dwellings units on 44 lots. There are four lots in the development that have multiple family structures. 3. A determination of nonsignificance has been issued by the City on the rezone request. 4. The subject property is designated by the Comprehensive Plan Map as Low Density Residential, as is the surrounding residential area. Yost Park, located to the west, is designated Community Park. 5. In 1977, the condominium plat of Lynn Park was filed covering the subject property. Unfortunately, for whatever reason, the proper paperwork was never completed. No homeowners association or maintenance agreements were set up. 5. The three duplex townhouses on the property are each held under separate ownership. None of the dwelling units are owner occupied. 6. Due to current financial practices, the Applicant submitted that there is no way for the owners to refinance the dwelling units. 7. No physical changes will result from the proposed rezone action. In conjunction with the contract rezone, the Applicants intend to file applications for a PRD and three lot subdivision. Planning Board Recommendation «.-age 2 #R-3-88 8. No additional dwelling units will result from the rezone action. The original number of dwelling units in the Shell Park Div. No. 2 PRD will remain the same. 9. Only one witness testified in opposition to the request. His concerns centered upon notification to the Homeowners Association and possible -violations -of the covenants by the building owners. CONCLUSIONS OF LAW 1_ The current owners -of the dwelling units are faced with financial problems. Refinancing for the dwelling units is difficult given the current banking practices for condominium financing. This is due to the requirement for owner occupancy ratios. 2. Opposition to the rezone has been expressed by one resident. 3. No significant adverse environmental impact will result from the contract rezone request. No additional dwelling units will be constructed and the overall density of the Shell Park PRD will remain the same. This is consistent with the Comprehensive Plan designation of Low Density Residential. 4. The public benefit, which would result from the rezone request, is that it is likely that the units will be more economically viable. RECOMMENDATION TO THE CITY COUNCIL The Planning Board of the City of Edmonds recommends to the City Council that Rezone Application R-3-88 be approved, subject to the recording of the concomitant agreement and approval of a new Planned Residential Development. This recommendation was passed by the Planning Board, three to two, with Don Lewis and Janet Phillips opposing the motion. PASSED the 11th day of May, 1988. F LMER, CHAIR EDMO S PLANNING BOARD PBRECR3/TXTDVB51 Affidavit of Publication STATE OF WASHINGTON, ss. COUNTY OF SNOHOIVISH, SUMMARY OF The undersigned, being first duly sworn on oath deposes and says ` aROof1he No.4d8e that she is Principal Clerk of THE HERALD, a daily newspaper of the Cfry et - Edmonds, WnshlnStan an He 1101+ dov aT acrober ' printed and published in the City of Everett, County of Snohomish, 19a$ the CRY Councll ai the Clty of E'drnonds, Passed Ordinance and State of Washington; that said newspaper is a newspaper of No. 2696' A summary of me g consistingaof the lltle,dpro Ides general circulation in said County and State; that said newspaper as follow.AN j TY?ROOF ORDOF INANCE THE C i has been approved as a legal newspaper by order of the Superior WASHINGTON AMENDINU THE OFF4CIXL Court of Snohomish Count and that the notice ........................................ MAP OF THE CITYITY OOF F Y THE 3:GwtNG DESlGNA- a l iae_zi 1LR-CPROPERTY ATED AT Ta ELL ORDILICE--- NO2.686 ................................................ ..•-.--..-.--.------.- -. I EXECUTION OF A I AGRCEMENT --------- -----------_----__-_-_-__-_-_-_-- ANDxESTAS- 04TE G AN EFFECTIVE Theluii tekt of ibis Ordinance.: will upon request, ...................................................................................................................................... Jl 11EL JAC(JUELINE G. PARRET7 1 printed co of which is hereunto attached was a copy published in said Clty Clerk EHILEGAL DESCRIPT oN FOR newspaper proper and not in supplement form, in the regular and LYNN PARK, A CONDOMINIUM Lot 340, Shell Park OivlsTon dedfin entire edition of said paper on the following days and times, namely: tthereof reco Volume 3e of Plrsls, on P"e 29. records Of Snohomish C 0ATY, Washington. . rormerly known as Lunn PnrkA OCTOBER 23, 19 8 8 Candominlum, i • OCCdrdlnq to the u thereof In ....................._.................._.................. ............ ............................................. r . - ecyiaded Volum 82 on q � 82..inelan PPages 02 th of h ............................................................................................... ..............:......:................. : Snohomish tounfy, VO)In -. U&,ICT 0 SEt�pfon} the and that said newspaper was regularly distributed to its subscribers LOJenonts, tD[WRion$ and •e*Jcflon contolned In that coOdin OecforotIon during all of 'd . of COvemnts, Conditions umd Re, frictions for Shell bark, 0a the serne is recorded under AudRor's File No. :eriod. / ? !+ 760110mips, records 4f Snohomish County. ._.......................... .. r/i.:�T&...�. ............ ......:................................... , Principal Clerk Washington; : - UF;JECT TO luriher easements, rCShrFCtians, and resefvQflan5 of rocord, If Subscribed and sworn to before me this ... 2.3-r.d............. 46y,, pu %had., October 23, 1988. j j day of .... GCT. R ................... 19U... �! ....... /.1 .. .... No r Public i an or the State of as ington, r di g at Ever tt, Snohomish County. B-2-1