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Ordinance 32310006.900000 WSS /gjz 10/13/98 R:10/29/98gjz ORDINANCE NO. 3231 AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING A CONTRACT REZONE FOR CERTAIN PROPERTY COMMONLY KNOWN AS HARBOR SQUARE, AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. WHEREAS, following notice, a public hearing was held on September 14, 1998 regarding the amendment of a contract rezone previously approved for certain property located at 150 West Dayton, Edmonds, Washington, and WHEREAS, the City Council is in receipt of the recommendation of its Planning Board and having heard the testimony presented at this hearing adopts as its analysis findings and conclusions contained in the September 9, 1998 recommendation of its Planning Board, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. The contract rezone for certain real property located at 150 West Dayton, shown and described in planning file no. R -4 -79 and R -98 -107 is hereby amended by the amendment of Condition B.7 of document entitled "Agreement and Covenant Constituting a Contract Rezone" and recorded at Book 1668, Page 2451 as Document No. 8005060198 of the records of Snohomish County, Washington, said condition B.7 being amended to read as 212954.10 -1- follows: The maximum building height shall be thirty -five (35) feet. Section 2. The Mayor is hereby authorized to execute a contract rezone addendum, attached hereto as Exhibit A and incorporated by this reference as fully as if herein set forth. Upon execution, the City Clerk is hereby authorized to file such document in the land records of Snohomish County, Washington. Section 3. Effective Date. This ordinance, being an exercise of a power specifi- cally delegated to the City legislative body, is not subject to referendum, and shall take effect five (5) days after passage and publication of an approved summary thereof consisting of the title. APPROVED: ata� MAYOR, BARBARA S. FAHEY ATTEST /AUTHENTICATED: Z. zx� CITY CLERK, SANDRA S. CHASE APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: BY )S4_' FILED WITH THE CITY CLERK: 10/30/98 PASSED BY THE CITY COUNCIL: 11/02/98 PUBLISHED: 11/08/98 EFFECTIVE DATE: 11/13/98 ORDINANCE NO. 3231 212954.10 -2- EXHIBIT A ADDENDUM TO CONTRACT REZONE WHEREAS, a document entitled "Agreement in Covenant Constitution a Contract Rezone" was approved by the City of Edmonds pursuant to File No. R -4 -69; and WHEREAS, the City of Edmonds, on the application of the property owner and following the process established by state law and City ordinance for the amendment of contract rezones, has an approved amendment of said contract rezone, NOW, THEREFORE, This Addendum is entered into by the City of Edmonds, Washington (hereinafter "City ") and Port of Edmonds, (hereinafter "Owner ") under the terms and conditions set forth herein. 1. This Addendum is an amendment of a document entitled "Agreement and Covenant Constituting a Contract Rezone" recorded in the land records of Snohomish County, Washington, as Document No. 8005060198 and recorded at Book 1668, Page 2451 of said records. Said underlying agreement is hereby amended in, but only in, the following respects, to -wit: By the repeal of Condition paragraph B.7 and the insertion in its place of a new paragraph B.7 reading as follows: The maximum building height shall be thirty -five (35) feet; In all other respects the underlying agreement remains in full force and effect, except as specifically amended herein. DONE THIS day of y�'► �, 1998. CITY OF EDMONDS (�� 'e, Mayor Barbara S. Fahey ATTEST /AUTHENTICATED: By: *f . �� Sandra S. Chase, City Clerk STATE OF WASHINGTON) ) ss. COUNTY OF KING PORT OF MON By: Its: 171 k�c c✓7` ✓� ,d �K?v�, I certify that I know or have satisfactory evidence that i,1- 1Ayt is the 5,C 47 of P /,er nF Z�LVoAOS and said person acknowledged that (he /she) is qualified to sign this instrument and acknowledged it to be (his /her) free and voluntary act for the uses and purposes mentioned in the instrument. Dated: 30 / i i s' E Aft: J. -� pTAR � to '• 9:`1e , ij WSS212959 .1X /F0006.900000/B0006. y� ✓i �: /VN E �i�O yE � S (print or type name) NOTARY PUBLIC in and for the State of W4shington, residing My Commission expires: SUMMARY OF ORDINANCE NO. 3231 of the City of Edmonds, Washington On the 2nd day of November, 1998, the City Council of the City of Edmonds, passed Ordinance No. 3231. A summary of the content of said ordinance, consisting of the title, provides as follows: AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING A CONTRACT REZONE FOR CERTAIN PROPERTY COMMONLY KNOWN AS HARBOR SQUARE, AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. The full text of this Ordinance will be mailed upon request. DATED this 3rd day of November, 1998. 1-1 , A .. � ' /. ce�g. ..' CITY CLERK, SANDRA S. CHASE STATE OF WASHINGTON, COUNTY OF SNOHO SISH, ss SUMMARY OF ORDINANCE NO. 3231 of the City of Edmonds, Washington On the 2nd day of November, 1998, the Cityy Council of the City of Edmonds, passed Ordinance No. 3231. A summary of the content of said ordinance, consisting of the title, provides as follows: AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING A CONTRACT REZONE FOR CERTAIN PROPERTY COMMONLY KNOWN AS HARBOR SQUARE, AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. The full text of this Ordinance will be mailed upon re uest. DATED this 3rd day of November, 1998. SANDRA S. CHASE Published: November 8, 1998. City Clerk B -2 -1 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 ......... ............................... ..... Sunnary ...of...Qrdi nance.. No,....3. 2..3.1 ......................... .............. .............................. I .................................................................................................. 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.. 8. 1998 ................. .....................---- ....... ............ ................... Subscribed and sworn to before me this ....... 9th d November . ............................... .................... ....... ... . otary Public in and for he S' residing at Everett, Snohomish ~ ♦ ♦��`g8E J. :�♦ s l0 At c°� NOTARY IT.- N8 (P PUBLIC • '0"11181111111" % -ribers ............. Clerk 19..9.... ... ................... of ashington,