Ordinance 28360006.150.093
WSS/klt
05/17/91
R:05/21/91
ORDINANCE NO. 28.36
AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON,
AMENDING THE COMPREHENSIVE PLAN DESIGNATION FROM
HIGH DENSITY RESIDENTIAL (MULTI -FAMILY) TO
GENERAL COMMERCIAL AND THE ZONING CLASSIFICATION
FROM RM-2.4 (MULTI -FAMILY RESIDENTIAL) TO CG2
(GENERAL COMMERCIAL) FOR FIVE ACRES OF A 10.64
ACRE TRACT LOCATED AT THE NORTHWEST CORNER OF
HIGHWAY 99 AND 220TH STREET S.W., SUBJECT TO AN
APPROVED CONCOMITANT ZONING AGREEMENT, PURSUANT
TO THE PLANNING BOARD'S RECOMMENDATION AND CITY
COUNCIL REVIEW AND FIXING A TIME WHEN THE SAME
SHALL BECOME EFFECTIVE.
WHEREAS, the City Council of the City of Edmonds,
pursuant to notice in conformance with law held an initial public
hearing on May 7, 1991, regarding proposed amendments to the
official zoning map and comprehensive plan of the City brought
forward in files number CDC-2-90 and R-2-90 and continued the
hearing for additional deliberation to May 21, 1991;
WHEREAS, the City Council has received a positive
recommendation from its Planning Board regarding such
applications based upon the Board's own public hearings on said
comprehensive plan amendments and rezone;
WHEREAS, given the mitigating conditions agreed to by
the applicant and its tender of additional promises contained in
the concomitant agreement to dedicate additional right-of-way
0
along 220th Street S.W. at such time as the City improves said
avenue and to assist the City in the acquisition of additional
right-of-way at the corner of 76th and 220th S.W. by deeding
WSS53334O -1-
additional square footage from adjacent property owned by the
applicant to the owners of the property at the corner of 76th and
220th, that the applicant will have mitigated the serious traffic
impacts which its project will have on the already difficult
traffic situation in the area to the extent required and
permitted by law;
WHEREAS, the City Council hereby adopts as its findings
and conclusions the findings and conclusions entered by the
Planning Board with respect to said rezone, subject to the
amendment of such findings to include reference to the additional
promises of the applicant as reflected in the concomitant zoning
agreement to mitigate traffic impacts from the project; NOW,
THEREFORE,
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO
ORDAIN AS FOLLOWS:
Section I. The Comprehensive Plan of the City of
Edmonds, Washington, is hereby amended to change the
classification of approximately 5 1/2 acres designated as the
subject site and located adjacent to current commercially zoned
property at the intersection of Highway 99 and 220th Street S.W.
and abutting 218th Street S.W. and 219th Street S.W., all located
in the City of Edmonds, Snohomish County, Washington. The
subject site is shown on the attached Exhibit A, and incorporated
by this reference as fully as if herein set forth.
Section 2. The official zoning map of the City of
Edmonds, Washington, is hereby amended to change the
WSS53334O -2-
classification of the subject site from RM-2.4 (multi -family --
residential) to CG2 (general commercial), subject to and in
conformance with the concomitant zoning agreement attached hereto
as Exhibit B and incorporated by this reference as fully as if
herein set forth. The site plan referenced in the concomitant
zoning agreement is dependent upon approval of pending
applications for the vacation of existing street right-of-way
over and across the subject site. Council notes that the
specificity of the site plan is such that if the vacations are
not approved, the development of the site in accordance with the
site plan will be impossible and the Council specifically
reserves to itself all available legislative and administrative
discretion to review and approve said street vacation in
accordance with its ordinances and the laws of the State of
Washington.
Section 3. The Community Services Director by and
through his duly appointed designee is hereby directed to
effectuate the necessary amendments to the comprehensive plan and
official zoning map of the City of Edmonds, Washington, in
accordance with the approval granted pursuant to sections 1 and 2
above.
Section 4. This ordinance, being an exercise of a
power specifically delegated to the City's legislative body, is
not subject to referendum and shall take effect five (5) days
WSS533340 -3-
after the passage and publication of the ordinance or a summary
thereof consisting of the title and the attached Exhibit A.
APPROVED:
F-- / M . " .
Mill
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ATTEST/AUTHENTICATED:
I ;
CITY CLERK, JACQUELINE G. PARRETT
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
BY
FILED WITH THE CITY CLERK: May 20, 1991
PASSED BY THE CITY COUNCIL: May 21, 1991
PUBLISHED: June 6, 1991
EFFECTIVE DATE: June 11 , 1991
ORDINANCE NO. 2836
WSS53334O -4-
87-3037
2/13/90
BRIAR DEVELOPMENT
Rezone
Those portions of Tract 42, Solner's Five Acre Tracts, according
to the plat thereof recorded in Volume 7 of Plats, page 25,
records of Snohomish County, Washington, Lots 4 through 9, Block
1 and Lots 6 through 11, Block 2, Pine -Land Addition, according
to the plat thereof recorded in Volume 13 of Plats, page 50,
records of said county, and of Lots 6 through 11, Willers
Addition, according to the plat thereof recorded in Volume 14 of
Plats, page 13, records of said county, TOGETHER WITH a portion
of 218th Street S.W., being a portion of the North 30.00 feet of
said Tract 42, and 219th Street S.W. lying between and abutting
said portion of Blocks 1 and 2, Pine -Land, the whole being more
particularly described as follows:
BEGINNING at the Southwest corner of Lot 6, Willers Addition;
thence N0'2814111W along the West line of said lot 144.34 feet to
the Southwest corner of Lot 6, Block 2, Pine -Land; thence
N0'2802001W along the West line of said lot 131.98 feet to the
South margin of 219th Street S.W.; thence N0'2713611W 60.02 feet
to the Southwest corner of Lot 4, Block 1, Pine -Land; thence
N0'2712811W along the West line of said lot 138.24 feet to the
Northwest corner thereof; thence S89'0913511E along the North line
of said lot 45.89 feet to the West line of the West 76.01 feet of
the East 128.01 feet of the West 462 feet of the North 1/2 of the
North 1/2 of Tracts 42 and 43, Solner's Five Acre Tracts; thence
N0'4200211W along said West line 128.21 feet to the South margin
of 218th Street S.W.; thence S89'1013111E along said road margin
61.94 feet to the East line of the West 86.68 feet of Tract 28,
Solner's Five Acre Tracts; thence N0.3414611W along said East line
30.01 feet to the centerline of said road as conveyed to
Snohomish County by deed recorded under Auditor's File No.
869839, also being the line common to said Tracts 28 and 42,
Solner's Five Acre Tracts; thence S89'1013111E along said
centerline and common tract line 252.71 feet to the Northeast
corner of said Tract 42; thence S0'2712811E along the East line of
said tract 158.29 feet to the Northeast corner of said plat of
Pine -Land; thence along the East boundary of said plat,
continuing SO'2712811E a distance of 330.34 feet to the Northeast
corner of said plat of Willers Addition; thence S0.2712811E along
the East boundary of said plat 134.53 feet to the North line of
the South 10 feet of Lot 11, Willers Addition, being the North
margin of 220th Street S.W. as conveyed to the City of Edmonds by
deed recorded under Auditor's File No. 8603170050; thence
N89'0614811W along said North line and road margin 59.98 feet to
the North line of the South 10 feet of Lots 10 and 9 of said
Willers Addition, being the North margin of 220th Street S.W. as
conveyed to Snohomish County by deeds recorded under Auditor's
File Nos. 8604070034, 8604070035, 8604070036 and 8604070037;
thence along said North line and road margin continuing
N89'0614811W a distance of 74.98 feet to the West line of the East
15 feet of said Lot 9, Willers Addition; thence S0'2715311E along
said West line 10.00 feet to the South boundary of said plat and
the North margin of 220th Street S.W.; thence N89'0614811W along
said plat boundary and road margin 224.90 feet to the POINT OF
BEGINNING. .�_..
AREA: 217,341 sq. ft. ;� r' X' \'iA
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PROOFED GtV— U 2 ;R- -^
GROUP FOUR, INC.
16030 Juanita-Woe&nvllfa Way NE
Bothell. Wa 98011
AGREEMENT AND COVENANTS
WHEREAS, BRIAR DEVELOPMENT COMPANY, a Washington General
Partnership, hereinafter referred to as "Owner" is the Owner of
the following described real property located at the northwest
quadrant of the intersection of 220th Street S.W. and Highway 99
in the City of Edmonds, and legally described on Exhibit "A",
attached hereto and incorporated 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 Multiple Residential, Medium Density
(RM 2.4) to General Commercial (CG-2), and
WHEREAS, Edmonds has caused the application in its entirety,
including but not limited to, the Draft and Final Environmental
Impact Statements, 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
-1-
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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 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, 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, successor 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,
its heirs, 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, its 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 the City of
Edmonds as Grantee. All recording costs are to be paid
-2-
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 RM 2.4 to CG-2, and for so long as
the property remains so classified, Owner covenants to
limit the use of such property in accordance with the
terms and conditions, including the Revised Proposed
Conditions attached hereto as Exhibit "B", of the
Binding Site Plan approved in conjunction with this
rezone or subsequent amendments thereto approved by
Edmonds.
5. Owner, its heirs, successors or assigns, or Edmonds
may, upon application, apply to amend or terminate the
provisions of this 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. Such action by
either party shall not release the Owner, its heirs,
successors or 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
-3-
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 hall in no way affect any other covenant,
condition or restriction herein contained.
IN WITNESS WHEREOF, the parties hereto have executed this
contract this day of �11"Llk 19`1 .
1.
ATTEST:
efCiClerk Jacqueline Parrett
Date:0"e'% 5�
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY
W. Scott Snyder
BRIAR DEVELOPMENT COMPANY
By
• LZI
I s: General rtner
-4-
STATE OF WASHINGTON )
ss.
COUNTY OF WHATCOM )
On this day of �_ t-.; . 19 "-/ / , before me
personally appearedi- of the general
partnership that executed the within' and foregoing instrument,
and acknowledged said instrument to be the free and voluntary act
and deed of said corporation, for the uses and purposes therein
mentioned, and on oath stated that he was authorized to execute
said instrument and that the seal affixed is the corporate seal
of said corporation.
In Witness Whereof I have hereunto set my hand and affixed
by official seal the day and year first above written.
STATE OF WASHINGTON
ss.
COUNTY OF SNOHOMISH
N Pulic i and for t e State of
�M'} - ,i� residing .
My Commi Ssion Expires:
On this day of , 19_, before me
personally appeared of the
municipal corporation that executed the within and foregoing
instrument, and acknowledged said instrument to be the free and
voluntary act and deed of said corporation, for the uses and
purposes therein mentioned, and on oath stated that he was
authorized to execute said instrument and that the seal affixed
is the corporate seal of said corporation.
In Witness Whereof I have hereunto set my hand and affixed
by official seal the day and year first above written.
Notary Public in and for
, residing at
My Commission Expires:
-5-
the State of
EXHIBIT A
BRIAR DEVELOPMENT
EASTERLY Pon 10N
That portion of Tracts 40 and 41, Solner's Five
according to the plat thereof recorded in Volume
page 25, records of Snohomish County, Washington,
follows:
87-3037
2/13/90
Acre Tracts,
7 of Plats,
described as
COMMENCING at the Southwest corner of Tract 41; thence NO'271281114
along the West line of said tract 10.00 feet to the POINT OF
BEGINNING on the North line of the South 10 feet of said tract;
thence continuing NO.271281111 along the West line of said tract
and said Tract 40 a total distance of 623.16 feet to the
Northwest corner of said Tract 40; thence S89'1013111E along the
North line thereof 547.29 feet to intersect the westerly margin
of State Highway SR 99 (P.S.II. No. 1) at this point 100.00 feet
in width; thence S25'4312911W along said highway margin 382.17
feet; thence N64'16131"W at right angles to said highway margin,
58.88 feet; thence S11'2514911W 9.99 feet to the Northwest corner
of the East half of said Tract 41; thence SO'20112"E along the
West line thereof 56.40 feet; thence S61'2613411E 31.67 feet to
return to said highway margin; thence S25'43129"W along said
highway margin 62.66 feet to the Northeast corner of that certain
parcel described in Tease recorded under Auditor's File No.
8602040118, records of said county; thence N89'06148"W along the
North line thereof 110.0o feet to the westerly line of said
leasehold; thence S25'431291114 along said westerly line 180.40
feet to the North line of the South 10 feet of said Tract 41 and
the North margin of 220th Street S.W. as conveyed to the City of
Edmonds by deed recorded under Auditor's File Nos. 8605190410 and
8605190411, records of said county; thence N89'06148"W along said
North line and road margin 134.03 feet to the POINT OF BEGINNING.
AREA: 225,744 sq. ft.
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GROUP FOUR, iNC:
16030 Juanita-Woodinvillo Way N.E.
Bothall, Wa 98011
87-3037
2/13/90
BRIAR DEVELOPMENT
Rezone
Those portions Of Tract 42, Solner's Five Acre Tracts, according
to the plat thereof recorded in Volume 7 of Plats, page 250
records of Snohomish County, Washington, Lots 4 through 9, Block
1 and Lots 6 through 11, Block 2, Pine -Land Addition, according
to the plat thereof recorded in Volume 13 of Plats, page 5o,
records of said county, and of Lots 6 through 11, Willers
Addition, according to the plat thereof recorded in Volume 14 of
Plats, page 13, records of said county, TOGETHER WITH a portion
of 218th Street S.W., being a portion of the North 30.00 feet of
said Tract 42, and 219th Street S.W. lying between and abutting
said portion of Blocks 1 and 2, Pine -Land, the whole being more
particularly described as follows:
BEGINNING at the Southwest cornier of Lot 6, Willers Addition;
thence P10.28'41"W along the West line of said lot 144.34 feet to
the Southwest corner of Iot 6, Block 2, Pine -Land; thence
NO'2812011W along the West line of said lot 131.98 feet to the
South margin of 219th Street S.W.; thence N0'2713611W 60.02 feet
to the Southwest corner of Lot 4, Block 1, Pine -Land; thence
N0'2712811W along the {Jest line of said lot 138.24 feet to the
Northwest corner thereof; thence S89'09135"E along the North line
of said lot 45.89 feet to the West line of the West 76.01 feet of
the East 128.01 feet of the West 462 feet of the North 1/2 of the
North 1/2 of Tracts 42 and 43, Solner's Five Acre Tracts; thence
NO'421421114 along said West line 128.21 Feet to the South margin
of 218th Street S.W.; thence S89'10131"E along said road margin
61.94 feet to the East line of the West 06.68 feet of Tract 20,
Solner's Five Acre Tracts; thence NO'34146"W along said East line
30.01 feet to the centerline of said road as conveyed to
Snohomish County by deed recorded under Auditor's File No.
869839, also being the line common to said Tracts 28 and 42,
Solner's Five Acre Tracts; thence S89'10131"E along said
centerline and common tract line 252.71 feet to the Northeast
corner of said Tract 42; thence S0'2712011E along the East line of
said tract 158.29 feet to the Northeast corner of said plat of
Pine -Land; thence along the East- boundary of said plat,
continuing SO'2712811E a distance of 330.34 feet to the Northeast
corner of said plat of Willers Addition; thence SO'2712811E along
the East boundary of said plat 134.53 feet to the North line of
the South 10 feet of Lot 11, Willers Addition, being the North
margin of 220th Street S.W. as conveyed to the City of Edmonds by
deed recorded under Auditor's File No. 8603170050; thence
1489'0614011W along said North line and road margin 59.98 feet to
the North line of the South 10 feet of Lots 10 and 9 of said
Willers Addition, being the North margin of 220th Street S.W. as
conveyed to Snohomish Country by deeds recorded under Auditor's
File Nos. 8604070034, 860,1070035, 8604070036 and 0604070037;
thence along said North line and road margin continuing
N09-0614011W a distance of 74.90 feet to the West line of the East
15 feet of said Lot 9, Willers Addition; thence SO'27153"E along
said West line 10.0o feet to the South boundary of said plat and
the North margin of 22oth Street S.W.; thence N69'06148"14 along
said plat boundary and road margin 224.90 feet to the POINT OF
BEGINNING.
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AREA: 217,341 sq. ft. ��<':• �vAS;
WRriTENB
CI IECKED 0Y�.
PROOFED 8�_ 2 ►mac
GROUP FOUR, INC. < 1 u
16030 Juanila•Woodinvilla Way N.E.
Bothell. Wa 98011
EXHIBIT "B"
REVISED PROPOSED CONDITIONS
TOP FOODS - EDMONDS
A. Site Plan and Building Conditions:
1. Construct the project according to the terms and
conditions of the site plan, landscape plans, and
building elevations which have been reviewed and
approved in conjunction with this application. Minor
modifications of said plans and elevations shall be
allowed subject to City staff review and approval.
Additionally, said plans may be modified as required to
meet the conditions and revisions imposed during the
City Architectural Design Board review process.
2. Retain all of those trees designated as "existing" on
the landscape plan.
3. Relocate those trees numbered and identified on the
landscape plan to the location specified on the tree
relocation plan which has been submitted by the project
landscape architect.
4. Construct a storm drainage detention/retention system
to plans and specifications reviewed and approved by
the City Engineering Department. Said system shall
utilize 200 feet of biofiltration swale as shown on the
site plan. The system shall be designed so that runoff
in the early storm phase shall pass through the
biofiltration swale and that later runoff, which
exceeds the swale's capacity, will be treated through
oil/water separators. Building roof drainage shall be
collected separately and run through the detention
system which provides oil/water separator treatment
only.
5. Construct an eight foot high acoustical wall to the
specifications of the project's acoustics consultant,
as reviewed and approved by City staff, along the
northwestern corner of the site as shown on the site
plan.
6. Construct ten foot high solid concrete noise screening
walls on the west sides of the rear loading docks as
shown on the site plan.
-7-
7. Construct screening for all rooftop mechanical
equipment. Screening shall be designed to reduce
equipment noise transmission to the west side facing
the residential zone.
B. Traffic Mitigation conditions:
1. Prior to and as a condition of the issuance of an
occupancy permit, the applicant shall make the
following improvements to streets and intersections
impacted by the project in accordance with plans
reviewed and approved by the City Engineering
Department:
a. Construct SR 99 frontage improvements (pavement
widening, curb, gutter and sidewalk) along length
of applicant's SR 99 frontage ownership to
accommodate planned widening of SR 99 to a 7-lane
configuration.
b. Widen 220th St. SW to accommodate a center two-way
left -turn holding lane and create a 5-lane section
for approximately 620 feet west from SR 99 (which
represents the entire length of applicant's
ownership). Dedicate necessary right-of-way for
and construct a deceleration lane in the
configuration shown on the site plan from the
easterly driveway on 220th to the eastern limit of
the project's 220th Street frontage.
C. Restripe the north and south legs of the 220th St.
SW/76th Ave. W intersection to allow left -turn -
only and right -or -through lanes on 76th Ave. W.
Modify signal and phasing sequence as necessary to
accommodate these northbound and southbound
exclusive left turn lanes.
d. Design and implement signal phasing modifications
at SR 99/224th St. SW to split the signal phase to
allow separate left -turn phases for east and
westbound traffic from 224th St. SW if the City
Engineering Department determines, after
completion of Transit 7F analysis, that such
modifications are needed.
e. Perform a Transit 7F signal re -timing analysis for
the SR 99 signal system affected by the
intersection modifications described above.
2. Prior to and as a condition of occupancy the applicant
shall make the following financial contributions for
traffic mitigation:
Z M.
a. Contribute the outstanding balance needed by the
City of Mountlake Terrace to complete the funding
for a Transit 7F re -timing analysis for the 220th
St. SW signal system in an amount not to exceed
$17,000.
b. Contribute $13,000 to the City of Edmonds to be
utilized for traffic improvements included in the
adopted Edmonds Transportation Improvements Plan
at a location or locations within the sphere of
influence identified by this project's traffic
study. These funds may be used for the
signalization at the SR 99/216th St. SW
intersection which currently proposed as part of
the Washington State Department of Transportation
SR 99 improvement project.
3. At such time as the City acquires all other additional
right-of-way necessary in order to widen 220th Street
S.W. from the westerly boundary of the project site to
76th Avenue West, Applicant agrees to dedicate to the
City of Edmonds, a twelve (12) foot wide strip of land
for right-of-way purposes along the southerly margin of
Lots 3, 4 and 5 of Willers Addition, according to the
plat thereof recorded in Volume 14 of Plats, Pages 13-
14, records of Snohomish County, Washington.
4. In the event the City seeks to obtain a twelve (12)
foot wide strip for right of way purposes for the
widening of 220th Street S.W. along the southerly
margin of Lot 2 of Willers Addition, according to the
plat thereof recorded in Volume 14 of Plats, Pages 13-
14, records of Snohomish County, Washington, Applicant
agrees, if so requested by the City, to deed to the
owner of said Lot 2, as an element of consideration for
the acquisition of said additional right of way, an
area of Lot 3 equal on a square footage basis to the
area dedicated to the City for right-of-way purposes
from Lot 2. The area to be deeded shall be rectangular
in shape and shall extend along the entire length of
the common boundary line between Lots 2 and 3.
Applicant's obligation to deed this property shall
continue for a period of five (5) years from the date
of the adoption of the ordinance approving Applicant's
contract rezone. In the event the City has not
obtained additional right-of-way for 220th Street S.W.
from said Lot 2 during said five (5) year period,
Applicant shall have no further obligation to deed said
property to the owner of lot 2.
5. Applicant agrees to provide additional dedication of
right-of-way and to construct in accordance with city
standards additional westbound travel lanes on 220th
Street S.W. to complete a six (6) lane section from its
easterly driveway to the westerly edge of applicant's
ownership (Lot 3 of Willers Addition). Until such time
as the City constructs two additional westbound lanes
from the end of the improvements to be made by
applicant to the 76th Ave. W intersection, the
Applicant may install in the paved area between its
easterly driveway and the westerly edge of its
ownership, temporary landscaping or may stripe this
area in a manner approved by the City Engineer to
prevent its use as a travel lane until the full roadway
section is completed through to the intersection.
C. Construction Conditions:
1. Construction hours shall be limited to 7:00 a.m. to
10:00 p.m. weekdays and 10:00 a.m. to 6:00 p.m. on
weekends and holidays.
2. Stationary construction equipment shall be located east
of the building walls as soon as they are erected.
3. The applicant shall utilize a temporary erosion and
sedimentation control plan utilizing sedimentation
basins and silt fences which shall be reviewed and
approved by the City Engineering Department.
D. operating Conditions:
1. The applicant will require, in supplier contracts, that
delivery trucks arriving between the hours of
10:00 p.m. and 7:00 a.m. shall not utilize backup
alarms and shall turn off engines and refrigeration
units while parked. The loading dock area shall be
posted to notify drivers of these restrictions.
2. The applicant shall develop and.implement a regular
program of cleaning the parking lot, catch basins and
oil water separators. Parking lot sweeper operations
shall be prohibited between 10:00 p.m. and 7:00 a.m.
H1936W O32190. jmg
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STATE OF WASHINGTON,
COUNTY OF SNOHO1V1ISH,
5UMMARY CW
OROiNANCE NO, 2836
of the ally of
Edmonds Woshln on
On the 2151 day of MoY 1941
he CHY Gaulxl} 01 the CHY 1a�
!F THE [:IT Y
IASHINGTON.
,OMPREIIEN-
:91GNATION
❑ENSITY.
ILTI.FAMILY1
zAAMCRCIAL
V CI_A551FiLA-
UL-
ALjj TO CGf
IERC.IAL) FOR
A 10.64 ACRE
ANT lu
BOARD'S RECOMMENOATigN
IL
AND MIXING. AND CITYNTIME �WH N
THE SAME SHALL BECOME,
ErF£CTIVE.
The iull text of this Ordinance
will T (), th , 21st doquof lMuyr,
OAT£b
"i'IAC.Ol1rcLWE G. PARRETT
R Those RartlOHs of Tract 42,
iA[lcnar�dIn pFto 11,ec lvl thin'rt!c in
0 or
PIpt5 tl 2 ja EfAI'd5 of
Snahamgsh ACfiunly.
wasllinptan,of5
4 BIOrk i an 10 p6 tijl'01.1 111,
1� BIOCk 2,
AeidlTlan, nccw•dinu la the
Vot n1a 13 a1 PIOt" VM 0 50
,0,ardf. of Spit counTY rAn�
of Lois 6IAlgh 1l H1H+e
Addl l lon, n
plea fllernot recorded is
VDSS,me IA u1 PlOW Pine I• .
records of }ah,t coR��
TOGE'TNrr? WITH o 11001011
of rrl�ll of theNorthe3S0-00
feel at said Trod 41, raxl
t,tW,1an t111d u1WHntIIY10
` ")
Varllen Of 13l(Kk.'. I Gnd %
Ping -Land the whole heinp
more pc cularty desrr p_
as lolfcwsz
BEGINNING of lilt snult"
west corner at Lot 6, W tilers
AddlflM 1hrrlce 140'18'41"W
loo44.34 feel ,to [the Saf nil-'
west rdrnv of Lot b Block
2 pine•LorKI; thence
UV28'20"W along the Wes?
line of sold 101 131.90 feet to
the SoaWh margin Of 2191h
Street S.W.; thence
cN,a �i1,Tw3r6.•,skca�rnei File
nit I at lta
line of sold 101 I, 34 ices TO
the Northwest c0rt1Rr
thereon lh0nca 5p9.O4'35"i< .
olonp the North I1ne s11 sold
101 4g.J9 fee to the West elite
of 1t1etlfi1
=dx128.0lof e wt.162
the Nariet ta of T f the North 42
l;,
011d 43, SolRar'S rive Acre
Track; fllencn NO'41'02"W
along mid West 1}11r. 129-21
feet 1a the South mOr91n M
218th Streat 5.W.; I fin"
584.1""" F a- said road
margin 41.44 feel to 1he East
line Of the vresl 86.68 fee, at
T rocf 18, Sonar's f, No ACro
reefs'
n}sO cUNa
aelog'svdseH11 30.01,
the Sline .
of said
rood a5 C.OPIvOYad 10
SnahorrlM County t1v deed
retarded under Audltor'a
File No. 869039, 050 bei1W
H1C Ilne eolnln0n 10 sued
Trw.15 28 and 42, 501004
1 ✓~ive Acle Trclrta; ihMlce
5891101311T nII', s[lld
centerline and tommgll
lrccf tine 25171 feet to file
Narlhaa51 com•ner of said
Tract 42; thence 50'V'28" E
Glen? file FQ51 1110 ..of WILI.
B - lrocf 150-29 fee! to me
Na 41—r sr1. thR11cC lol"fl
os.
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--.... ... ................. . .. m-.
Summary of Ordinance No. 2836
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:
June 3, 1991
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 ............. 7.th.......
day of-............::..,........ June.. .......................... 19...`31
a
Nota` ublic i an&for the State of Washington,
resi in at Everett, Snohomish County.
has been approved as a legal newspaper by order of the Superior
Court of Snohomish County and that the notice ........................................
Summary of Ordinance No. 2836
ANOFIXING A TIMe Wrvcn
I THE SAME SHALL 8ECOMF_
...................... :...................................... ........ ................ .............»...
EF•'F'ECTIVE.
Tho full text of thls Ordfnainte
wlll be rnolled upon request. -
DATEDthis 21st day 01 Muv.
.....................................................................................
1091
1ACp legit G. PARRETT
cityy Clerk
a printed co of which is hereunto attached was
copy published in said
OR AR DEVELOPMENT
RE2oNE
Thane pgrtfon5 of TM10 47,
newspaper p pp g
p per proper an not In supplement form, in the regular and
5olner'5 F[vr` AU-e Trirs:t5
accord'" fa the gfal thereof
entire edition of said paper on the following days and times, namely:
recorded In Volorm 7 of
Plots, sK14e 25, records o}
Snvhomish county,
Woshinoton. Lots 4 t111•W1g
9 block 1 and Intl 6 fh'Muq
June 3, 1991
1y 6fodk 2, Pine•Lonn
A,41lilnn. nr-enrding to lht_
.........................................................................................................................:......:.....
Volume 13 of PIarS, {Wye 71r,
r P.cgr Lfti of said ratnlly, and
of Lo1s 6 41xaVph 11, WVllcrt_.............................:..:......:..:...::.,........................:.:....................................:::..._
Addition, actol'dlnu to the •••••••••••••
p101 Ih&oid recorded In
Volume 14 at Preis. pose 13, and that said newspaper was regularly distributed to its subscribers
rccprlis of 5a10 i0a,11"
T4GF 7HEIt WITIi 11 Pgri lnrl
of 215M street 9.w., bollrl,k a during all of said period.
portion n1 file North 30.00
feel of 1.61d Trod 42,. —1
219th Sifeet S.W. tvirl
mrnon of Bfock; 1 ono 2, ., =...........
``.........................•....::.......-'-'-=---_......-,.......-...-................................-..::....s...........
bol
,"are and the whale rIb y� .
,"are nnrt�tulgrly deurlhOd••• Principal Clerk
BEGINNING at th4 SM011•-,
1 West corner at L09 6, W 111011,
Addlfion:liWe!A NO'line Of
asold Subscribed and sworn to before me this.............�.th
ulalp the West line df sold .......
4 lot 144-M feet to the 501011-
wost corner of 1-or 6 0101k
2 Flinc-Land; hence
tl012a'2n"w dlang rite weir June
line of sold lot 131.99 feet fo day of ................. ......................., 19...91
flip svoulh margin of 21911,
Street 5.w.; thence
� NU°2ra6'•w e0.02 ream ro me ,
5ordnwos] corner of Lot 4,
f64oCk 1 Pl"-Land• thence ............,.. :' f.`....�.. ............... .. .. �l.� .. r ...............
NO°27'26"W ulono f�le west
line of said lot Iu8.24 feet 1d Nota ublie - f a-n for the State of Washington,
the tlorthwesl cornaf
11,ereeqbi, thence 5s9`09135"E resi' n at Everett, Snohomish County,
Ial] A5.89 Teel 1 the VJCstilane
1505f 121I ui f'eel of file We 1
467 feet of the North , o1
the North h of Tracts 42
and 43, 5o1ner's. FiyB,Asro
Elam anus, lip •Igo
Sa9`l0'31"F aldliq sold raatl
plgrgln 61,94 feel to the Cast
Ilnr of the Wes] 96AR feet ui
Tract 28 Salnor's Faye Acre
Tracts; iliente 1`40'34'46"W -
along sold East fine 30-111•
Mel 1a the Centerflne of Said
road as rollveYYed to
SnahornKh Courdv by deed
recorded under .Auditor",
F}ta me. 069939. af$n boll
the Ilne common to xulq
Tracts 28 and 42, Solner's.
F:Ive Acre Tracts; thence
569.10'31"E along said
tenIracf line 252'7 rline and feel to the
Narineast carper of sold
Tract 42; thence 50`27'20"E
elan? file Fo51 IIr1e of said
B - "ct 159.29 fee! to Ihs
Northeast corner of yold D101
of along
thePEast boun]darV of 5P,Id
plot,
eOf continuing.34 feet2 n file
Northeast Corner of sold Plot
of W illers Additdn• thence
50•27'28"E atan the Easi
len tnto the Ndrtb Ilrre 1 the
South 10 feet of Lat 11,.,
irth rnwallnlof 224fh 5111,01
on, being the
Na
S.W. as conveyed to the CITY
of Edmonds by deed
recorded render. Auditor's
Fl€e No. 8403170050; thence
N89°06'48"W along said
998 fee Jo file NNoordlhtIine v!
the Soutto 10 feel of Lnts 10
and 9 of said Wlllers
Addition, beirlpp the North
nmroln of 220fil Street S.W.
us conveyed to Snohomish
the Fast 15 root W Sma Lu,
9, Wlllers Addition; theMc
50°2:'53"E a" sold West
klne 10.00 feet to the South
theL Naryh amaroln of 220tiat h
the Noorrlt
Street S.W.; thence
N89106148"W along sold III.,
boundor'y -and road mar 1n
224.90 feet to the PGINr RF
a�r_INNiwr.