Loading...
Ordinance 26890006.150.004B WSS/jib 11/8/88 ORDINANCE NO. 2689 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 COMMONLY KNOWN AS THE LANDAU REZONE, NO. R-4-88, FROM RS-8 (SINGLE FAMILY) TO BN (NEIGHBORHOOD COMMERCIAL); 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 a public hearing reviewed the recommendations of the Planning Board and determined that the proposed amendment and agreement should be approved and adopting, the Findings and Conclusions of its Planning Board. 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 classi- fication of certain property hereinafter described from RS-8 (single family residential) to BN (neighborhood commercial), subject to the Concomitant Zoning Agreement, Exhibit A executed and recorded as provided herein. The legal description of the WSS509860 -1- property rezoned is set forth in Exhibit B, attached hereto and incorporated herein by this 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 "Agreement and Convenants", attached hereto as Exhibit A 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 its publication, or publication of a summary thereof consisting of its title, in the City's official newspaper. APPROVED: ATTEST/AUTHENTICATED: IT CLERK, JACQUELINE G. PARRETT WSS50986O -2- APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: BY �f FILED WITH THE CITY CLERK: November 8, 1988 PASSED BY THE CITY COUNCIL: November 15, 1988 PUBLISHED: November 20, 1988 EFFECTIVE DATE: November 25, 1988 ORDINANCE NO. 2689 WSS509860 —3— EXHIBIT A AGREEMENT AND COVENANTS WHEREAS, Henry G. Landau and Joyce K. Landau, husband and wife, hereinafter referred to jointly and severally as "Owner", are owners of the following described real property located at 23115 - 1O0th Avenue West, in the City of Edmonds, and legally described on Exhibit "A", attached hereto and incor- porated by this reference as if set forth in full. WHEREAS, Owner has tendered this Agreement and Covenants to the City of Edmonds, a municipal corporation, hereinafter referred to as "Edmonds", and the same having been duly considered by Edmonds, and WHEREAS. Owner has applied for a change in the zoning of the certain real property from Single -Family Residential 8,000 (RS 8) to Neighborhood Business (BN), and WHEREAS, Edmonds has caused the application in its entirety, including, but not limited to the Environmental Checklist, to be reviewed by its Planning and Engineering Divisions and has fully considered recommendations made after such staff review, and WHEREAS, this application has been reviewed by the Planning Board which has recommended that the rezone be approved subject to conditions of "Finding of Facts": NOW THEREFORE, In the event the City Council of the City of Edmonds finds the rezone of the subject property as specified above does not adversely affect the public health, safety, and general welfare, and that the rezone is justified by sufficient changes in the character of the surrounding area, and in consideration of 1 the City Council's rezoning the subject property and for so long as the subject property remains rezoned, Owner and City of Edmonds hereby covenant and agree to the following on behalf of themselves, their heirs, and successors, and assigns: 1. This Agreement is tendered by Owner to Edmonds and accepted by Edmonds, and all parties agree it is applicable to the parties to this Agreement, their heirs, successors and assigns, both as to duties and benefits. The terms of this Agreement shall be specifically enforceable in equity by Edmonds. 2. Edmonds shall be under no obligation to issue Owner, their heirs, their successors or assigns a building permit and/or other permits for improvements, structures or uses upon any of the subject property of Owner unless such improvements and/or uses comply with the terms of this Agreement and the applicable ordinances at the time of any application for said permits. 3. This Agreement and each part of it shall be considered covenants running with the land described above and shall be binding upon Owner, their heirs, successors and/or assigns. It shall be recorded with the Snohomish County Auditor in the grantor/grantee index with Owner being listed as the grantor and Edmonds as Grantee. All recording costs are to be paid by Owner. Such recordation and payment of said costs shall be a condition precedent to Owner exercising any rights under the terms of this Agreement. 4. In consideration of Edmonds reclassifying the subject real property from RS 8 to BN, and for so long as the 2 property remains so classified, Owner covenants to limit the use of such property to a single family residence or professional offices, as defined by Section 12.12.170 of the Edmonds City Code, as now exists or as may hereafter be recodified. 5. No applications shall be made by Owner, heirs, their successors, or assigns to amend this Agreement for a period of two (2) years from the date hereof. Thereafter, Owner or their successors heirs or assigns, or Edmonds may, upon applica- tion, apply to amend or terminate the provisions of this Agree- ment 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. Such action by either party shall not release the Owner, heirs, its successors, or its assigns from the obligations assumed under this Agreement, unless and until such application shall be duly approved by Edmonds. 6. In the event that a suit is brought to enforce any of the provisions of this agreement, the prevailing party shall be entitled to reimbursement of all costs for said litigation together with a sum for reasonable attorneys fees. 7. It is further expressly agreed that in the event any covenant, condition, or restriction herein contained or any portion thereof is invalid or void, such invalidity or voidness shall in no way affect any other covenant, condition, or restric- tion herein contained. 3 IN WITNESS WHEREOF, the parties have executed this contract this day of HENRY G LANDAU Y�' P J C K. LANDAU CITY OF EDMONDS: i—point .. DATE: __--_--�4j!gk 4 STATE OF WASHINGTON ) ss. COUNTY OF SNOHOMISH ) On this day personally appeared before me, _ JoyQa K Landau and FLene _ry G� r��__ 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 and official seal this day of November 9th __, 19 88 N TARY PUBLIC inNn_a�_-for the State of Washington, residing at _._E.dmrzxlds_ STATE OF WASHINGTON ) ss. COUNTY OF SNOHOMISH ) On this "Pt-oday of , 19 .001 before me the undersigned, a Notary Public in and for the State of W shing on, duly commis 'oned and W. n, personally appeared �_ and �= to me known to be the Mayor and ity Clerk of�he CITY OF ED MONDS, Washington, the municipal corporation that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said municipal corporation, for the uses and purposes therein mentioned, and on oath stated that they were authorized to execute said instrument and that the seal affixed is the official seal of said municipal corporation. WITNESS my hand and official seal hereto affixed the day and year first above written. N ARY PUBLI in and for the State of Wash'ng on, residing at �mr_-• ___�___ MY COMMISSION EXPIRES 6-16-89. 5 EXHIBIT A Lot 3, Bergquist Addition, according plat thereof recorded in Volume 15 of page 105, records of the Auditor of the of Snohomish, State of Washington. EXCEPT the West 7 1/2 feet thereof as demned by the City of Edmonds by entered under Snohomish County Superior Cause No. 106246. n to the Plats, County con - Decree Court EXHIBIT B Lot 3, Bergquist Addition, according to the plat thereof recorded in Volume 15 of Plats, page 105, records of the Auditor of the County of Snohomish, State of Washington. EXCEPT the West 7 1/2 feet thereof as condemned by the City of Edmonds by Decree entered under Snohomish County Superior Court Cause No. 106246. STATE OF WASHINGTON, COUNTY OF SNOHOMISH, On the IM 40V of November, ' 1988 the CRY Council Of the CRv of 96monds Passed OrdlUr. No. 9689. d summary of the content of sold ordinance, tonslstlnp of the title, Provides 05 T VllnF P r•OMONGS. WASH NG- ` 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 ........................................ ......... Or.dia.nce--- No. .... Z 8 NATION E ONE CERTAIN READ: a printed copy of which is hereunto attached was published in said '.PROPERTY COMMONLY KNOWN AS 7HE LANDAU newspaper proper and not in supplement form in the regular and REZONE NO. R-A. FROM RS- E SINGLE FAMILS' TO BN �N�IGHgaRNvopa� Mvc£rv1ti. - entire edition of said paper on the following days and times, namely: _ . OF A CONCCMTTANT 1LISHING ANMEFFECENT TIVE full text of this Ordinbnte mPlled upon requeSt. 'ED fhls 15th day of tber 1988. "aSONE G. PARRETT l Clerk hed: November 20, 1988. --------- . avemb.e-r...2.0-;----198-8-----------------•--------..........................------...............----- and that said newspaper was regularly distributed to its subscribers during all of said period. r Principal Clerk Subscribed and sworn to before me this......... day of ...... N.Ou........ , c............ Notai ublic inld r the State of Washington, rest Ing t E�eret , Snohomish County. G B-2-1