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Ordinance 28000006.150.004B WSS/klt 09/07/90 R:10/9/90 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 HAWLEY-MCCORKLE REZONE, NO. R-1-90, FROM RS-20 (SINGLE FAMILY--20,000 SQUARE FEET) AND CW (COMMERCIAL WATERFRONT) TO RS-12 (SINGLE FAMILY- -12,000 SQUARE FEET); 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 adopted 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 classification of certain property hereinafter described from RS- 20 (single family residential--20,000 square feet) and CW (Commercial Waterfront), respectively, to RS-12 (single family WSS52639O -1- residential--12,000 square feet), subject to the Concomitant Zoning Agreement, Exhibit A, executed and recorded as provided herein. The legal description of the property rezoned is set forth in Exhibit B, attached hereto and incorporated herein by this reference as if set forth in full. The Council notes that paragraph 4 thereof states the City's agreement to vacate public right-of-way. Since such action can only be taken after public hearing and due deliberation, the Council has directed that this rezone ordinance be placed on its calendar only after and in conjunction with such vacation approval. 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 Zoning Agreement Hawley-McCorkle Rezone," 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 WSS52639O -2- passage and publication of the ordinance or a summary thereof consisting of the title. APPROVED: ATTEST/AUTHENTICATED: _ C] C LERK, J Q INE G. PARRET APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: BY FILED WITH THE C TY CLERK: October 10, 1990 PASSED BY THE CITY COUNCIL: October 16, 1990 PUBLISHED: October 28 , 1990 EFFECTIVE DATE: November 2, 1990 ORDINANCE NO. 2800 WSS52639O -3- CONCOMITANT ZONING AGREEMENT HAWLEY-McCORKLE REZONE THIS AGREEMENT is made this date between Fred J. Howley, Mary E. Howley, Roger G. McCorkle and Ardeth J. McCorkle, also known as Hawley-McCorkle, a general pis, hereafter referred to es "Owners", and the City of Edmonds, Washington, hereafter 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 Article 11, 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 j urisdiction; and WHEREAS, the Owners own certain real property gated in the City of Edmond and more particularly described as set forth herein, and WHEREAS, the Owners have applied for a change in the toning classification of the subject property from Single -Family Residence 20,000 sq.ft. (RS 20) and Waterfront Commerciai (CW) to Single- Family Residence 12,000 sq.ft. (RS 12) and WHEREAS, the City has caused the application to its entirety to be reviewed by its Planning and Engineering Departments and its Planning hoard and has fully considered their recommendation made after such review and the recommendations which the City finds to be appropriate are set forth herein, and WHEREAS, the Owners are willing to implement the following conditions in the course of the proposed development and heve tendered this contract to the City, now, therefore, In consideration of the mutual benefits and conditions hereinafter contained, the Owner agrees that, in the event the City rectessifles the property described herein from RS 20 and CW to RS 12, and for so long as the property remai ns so classified, Owners covenant and agree to be bound by the terms, conditions and agreements set forth as follows: 1. Owners are owners of that certain parcel of real property hereafter referred to as "subject property", situate in the City of Edmonds, Washington, and legally described as set forth on Exhibit A. 2. The Owners agree to dedicate the existing lots 8,9 and 10, Block 59 of the property to the City of Edmonds. The City will provide driveway access to the owners for the remaining property (lots 1 thru 7) through the northwest portion of lot 6 or from 75th Ave. W., (also known as Seaside Ave.). 3, The City agrees to dedicate the existing vacated westerly 30 ft. of 75th Pl. West, adjoi ni ng the easterl y boundary of lots 1 thru 7, Block 59 of the property, to the Owners. 4. notwithstanding any other provisions of the Edmonds City Code and Community Development Code, as now or may hereafter be amen or recodified, the Owners agree to limit use of the above described property (Lots 1 thru 7, Block 59, including vacated roads) to four (4) Single family residential building lots. S. Amendments to this agreement may be made by the Owners or the City upon application filed in the same manner as a rezone application; provided, however, no application shell be made by the Owners or the City to amend this agreement for a period of two (2) years from the date of this agreement. Thereafter, either the Owners or the City may, upon application, apply to amend or terminate the provisions and covenants of the agreement or to change the zoning on the subject property or any portion thereof. Said application 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. 6. The City shall be under no obligation to issue to Owners or their successors or assigns building permits, occupancy permits, or other permits or approvals for improvements on or use of the subject property unless such improvements or uses are consistent with the terms of this —2— agreement and the applicable City ordinances at the time of any application for such permit or approval. 7. This agreement, and each part of it, shell be considered a covenant running with the land covered hereby and shall be binding upon the Owners, their successors and assigns, and the City. This agreement shall be recorded with the Snohomish County Auditor in the Grantor/Grantee Index, with the Owners being listed as Grantors and the City as Grantee. All costs of such recordation and recordation of the transfer of Deeds to lots 8,9 and 10 and to the vacated road shall be paid by Owners. Such recordation and payments of costs shall be a condition precedent to the Owners exercising any rights under the terms of this agreement. B. Nothing in this agreement shall be construed to restrict the authority of the City to exercise its police powers. 9. In the event any section, paragraph, sentence, term or clause of this agreement conflicts with applicable law, such conflict shall not affect other sections, paragraphs, sentences, terms or clauses of this agreement which can be given effect without the conflicting provision and to this end the terms of this agreement shall be deemed to be severable. 10. In addition to any other remedies provided by law, the City or the Owners may at their discretion maintain a lawsuit to compel specific performance of the terms and conditions of this agreement or to otherwise enforce its provisions through injunctive or other remedies, and whichever party prevails in such action, it shall be entitled to recover all costs of enforcement, i ncl edi ng reasonable attorneys' fees. 11 . In the event any section, paragraph, sentence, term or clause of this agreement is found to conflict with applicable few, the City shall have the right to bring the proposed development before the City Council for further review and imposition of appropriate conditions to assure that the purposes for which this agreement is entered into are in fact accomplished. DATED this day of , 1990. —3- Dated �. _s ice'�day of a��c r _, 1990. CITY OF EDI ONDS J ] ViAYOR, ' _ RR N `' G_ TEN ATTEST C Y ERK HAWLEY-McCORI=LE p/s By FRED J. H . V LEY General Partner By MAR Y E HX if LY Genera. Partner ROG R G. n;cCORKL�. General Partner By n D:ETH J. 1, c CORKLE General Partner By AR W. YDAM By s f`Ii;C WILLIAM R. CHILDS STATE OF 4ASINGTON ) By COUNTY OF SnoHo�,`si.) RATREE CHILDS On this day personally appearded before me Fred J. Hawley, Vary E. Hawley, Roger G. McCorkle and Ardeth J. NcCorkle, to me known to be the individuals described in and who executed the within and fore- going instrument, and acknowledged that they signed the same as their free and voluntary act and deed for the uses and purposes therin mentioned. GIVEN under my hand and official seal this � day of, 91990. NOTARY PUBLIC in and for the State of Washington, residing at -4- EXHIBIT A Parcel A: Lots 1 to 10, inclusive, Block 59, Meadowdale Beach, as per plat recorded in Volume 5 of Plats, page 38, records of Snohomish County, Washington; EXCEPT the Easterly 40 feet of said Lots 1 thru 10 as measured at right angles to the Easterly boundaries thereof; ALSO EXCEPT that portion of lots 9 and 10 appropriated by Snohomish County for Public Highway by decree of appropriation entered in Snohomish County Superior Court Cause No. 37516; ALSO EXCEPT that portion of Lot 10, Block 59, Meadowdale Beach, as per plat recorded in Volume 5 of Plats, page 38, records of Snohomish County, Washington, described as follows: Beginning at a point on the South line of Lot 10 South 89 46'16" West, a distance 41.33 feet from the Southeast corner of said lot 10, Thence continuing South 89 46'16" West along said South line 30 feet Thence to a point on the Westerly margin of said South -line 30 feet Thence to a point on the Westerly margin of said Easterly 40 feet lying North 14 21116" East a distance 30 feet from true point of beginning: Thence South 14 21'16" West 30 feet to true point of beginning; TOGETHER WITH that portion of vacated street, as vacated by Edmonds City ordinance #2073, which upon vacation attached to said property by operation of law. All situate in the county of Snohomish, State of Washington. STATE OF WASHINGTON ) ss. COUNTY OF SNOHOMISH ) On this day personally appeared before me GARY W. SUYDAM, known to me 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 and official seal this day of 1990. NOTARY PUBLIC n and for the State of Washington, yesiding at My commission expires MY COMMISSION EXPIRES 3-1.93 STATE OF WASHINGTON ) ss. COUNTY OF SNOHOMISH ) On this day personally appeared before me WILLIAM R. CHILDS, known to me 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 u der my hand and official seal this �'d day of 1990. Y PUBLIC In and for the State of Was ington, residing at commission expires sr y STATE OF WASHINGTON ) ss. COUNTY OF SNOHOMISH ) On this day personally appeared before me RATREE CHILDS, known to me to be the individual described in and who executed the within and foregoing instrument, and acknowledged that he signed the same as her free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN un r my hand and official seal this � day of �-f2• , 1990. OTARY PUBLIC in and for the State o Washi gton, residing at Mkicom is expires c ST Z EXHIBIT B Parcel A: Lots 1 to 10, inclusive, Block 59, Meadowdale Beach, as per plat recorded in Volume 5 of Plats, page 38, records of Snohomish County, Washington; EXCEPT the Easterly 40 feet of said Lots 1 thru 10 as measured at right angles to the Easterly boundaries thereof; ALSO EXCEPT that portion of lots 9 and 10 appropriated by Snohomish County for Public Highway by decree of appropriation entered in Snohomish County Superior Court Cause No. 37516; ALSO EXCEPT that portion of Lot 10, Block 59, Meadowdale Beach, as per plat recorded in Volume 5 of Plats, page 38, records of Snohomish County, Washington, described as follows: Beginning at a point on the South line of Lot 10 South 89 46116" West, a distance 41.33 feet from the Southeast corner of said lot 10, Thence continuing South 89 46116" West along said South line 30 feet Thence to a point on the Westerly margin of said South line 30 feet Thence to a point on the Westerly margin of said Easterly 40 feet lying North 14 21'16" East a distance 30 feet from true point of beginning: Thence South 14 21'16" West 30 feet to true point of beginning; TOGETHER WITH that portion of vacated street, as vacated by Edmonds City ordinance #2073, which upon vacation attached to said property by operation of law. All situate in the county of Snohomish, State of Washington. 95545 STATE OF WASHINGTON, COUNTY OF SNOHOMISH, { • SUMMARY OF ORDINANCE NO, 2000 of qIa City of Edmonft Wmhlnt2n On the 16th day of Oc}aver, 1990 the city Council of the Cl, of Edmonds passed Ordinance Ha 2000. X summary of the content of sold orcilnonce, consisting of file 1111e, provides as lgilaws: Au nonIMANCC nF THE CITY ON TY {{SQUARE FEET] AND [;w TO RS•12 (SING ETERFROFAWLYT) 12000 SQUARE FEETj, AUTHORiZ IN EXECUTTON. OF A CONCOMITANT ION4NG AGREEMPNT ANO ESTABLISH, ING AN EFFECTIVE OAT, The full text of this Ord nonce will he molted upon request. OAtED this 161h dpv of October 1990. JAeOUELINE G. PARRETT City clerk EX-18TT A ` Parcel A, J 0 10, I"Iu5lv4. Block j S9; Meadowdole Beach, as par plat recorded In Valu me 5 W Plo15, Ao�ie 38, records of Snohom Sh County, Woshlnp� rm E%CEP Ilre Easlvrly 40 feel of said Lets 1 thru 10 as rnem,ured a1 right arKtics to The Eostoriv boundorles thereof; ALSO EXCEPT that 9 am 10 appropir j by Snohomish byudeeree ofunplcproprrlhation entered In Snohomish County Suoorlor Court Cause No. 31516; ALSO EXCEPT fhaf portion .I' 10, Bloc* 59, Mea lowdalr Beach, as per plot recorded In Volume S of Plak, pope 39, records of Snohomish County, Washington. deuf Wed as follows: BeOlnninq at a point on lie South Vine of Lot 10 South 69 46' 16" west, a distance 41.31 feel from the Southeast Corner of sold lot 10 Therxe.eanifmilrp $auth 84 46'161, West alan9 sold south line 30 feet Ti,ence to o pnlnt on the Westerly margin of sold South line 30 feet Thonce to a Point an the Westerly margin of sold Easterly 4D feet Iylnb North 14 prl"6. East o distance 30 reef from lruo rwlnl of bepinnlnq; Thence South 14 21'16" West 30 foot to true point of beglnnlnq� TOGETWER WITH that portton er vocaled sheet o5 vacated by Edmonds tify Ordinance ir2073, which upon vacatlon ottoched to sold property by operphon or law. All -Muffle In the county of Snohamish, State of WnShingfan, PtbI shed: November 21, 1990. 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 ........................................ Summary of Ordinance No. 2800 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: November 22, 1990 and that said newspaper was regularly distributed to its subscribers duringallof said period. --.........1,.:� r..P�rs.........�00 Principal Clerk Subscribed and sworn to before me this........_... r a ........ Novembe 90 day of............. ........ 19........ Not ' Publ4iiaforthe S a e of Washington, : e `di at Everett, Snohomish County. B-2-1 95545 STATE OF WASHINGTON, COUNTY OF SNOHOIVISH, of 199p the CITY COUT1[II of The CRY of tdmonds, passed Ordlrmn[e NO. 2900. A strr"Mary of the Content of said ordlnorl[e, con5i5}111Q Ot the Ilfle, provldes ars follows: AN ORDINANCE OF THE CITY OF L•OMONO WASHINGTON, , AMENDING tHE OFFICIAL I ZONING MAP OF THE CITY OF TO CHANGE ZONING EDMONDSHE UESIGNATION TON CERTAIN REAL PROPERTY COMMONLY KNOWN AS THE HAWLEY MCCORKLE REZONE NO. R-1.90, FROM RS- 20 (SM&E FAWI.Y — 20,000 �COMMSQUARE {{ FEET) AND CW ERCAIL WATERFRONT $ IRS 7 S[INGLE FAMILY A.I�FELT y THORI'LING EXECUTION O� A CONCOMITANT ZONING AGREEMEN r AND ESTABLISH- ING AN EFFECTIVE DATE. The full text of this Ordinance will be mailed upon request. DATED this 16th day of • October, 1990' JACOUELINE G. PARRh_TT City Cleric Published; October 28, 1990. 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 ........................................ Summary ... of rd Oinance No. 2800 of the Cit ......................... ...... ............................... ........• of Edmonds 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: October 28, 1990 and that said newspaper was regularly distributed to its subscribers during all of said period. Principal Clerk Subscribed and sworn to before me this ..... ...29th r day of....... ... . ... ........ c•tober.. 19.90... ' N a Public i . and frtheState of Washington, f idigg at Everett, Snohomish County, B-2-1