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Ordinance 37840006.90000 WSS /gjz 12/10/09 ORDINANCE NO. 3784 AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, REZONING CERTAIN REAL PROPERTY KNOWN AS "FIRDALE VILLAGE" FROM NEIGHBORHOOD BUSINESS (BN) TO "FIRDALE VILLAGE MIXED USE" (FVMU) ZONE, ESTABLISHING AS A CONDITION THEREFOR THE EXECUTION AND RECORDING OF A DEVELOPMENT AGREEMENT, AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. WHEREAS, the applicant A. D. Shapiro Architects, PS, submitted an application to rezone certain real property located 9617 Firdale Avenue, commonly known as " Firdale Village "; and WHEREAS, the application was accompanied by an application for a development agreement which was intended to provide assurance that a vegetative buffer of old growth trees would be preserved; and WHEREAS, on December 9, 2009, the Edmonds Planning Board reviewed the rezone application and development agreement and recommended adoption of the ordinance subject to approval of the development agreement; and WHEREAS, by contemporaneous action, the City Council has approved the development agreement; and WHEREAS, said development agreement is effective only if a native growth protection easement protecting the buffer is recorded within sixty (60) days if its approval; and WHEREAS, the City Council approves this rezone conditional upon confirmation that the applicant has met its obligations under this Development Agreement; and {WSS753839.DOC;1 \00006.900000\ } - I - WHEREAS, the City Clerk has advised the City Council that the Native Growth Protection Easement has been filed in an approved format; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. The City Council finds that the criteria of ECDC 20.40.010 has been met and for their findings adopt by reference in pages 6 through 10 of the staff report presented to the Planning Board on December 9, 2009 and incorporated in the record of this proceeding, as fully as if herein set forth. Section 2. This ordinance has been placed upon the Council's consent agenda for approval based upon notification by the City Clerk of the Native Growth Protection Easement required by the Development Agreement, and has been filed of record with Snohomish County. Section 3. Certain real property located at 9617 Firdale Avenue legally described as shown on Exhibit A of the Development Agreement, and described in Planning File PLN- 2009 -0020 and consisting of approximately 3.2 acres is hereby approved for rezone from "Neighborhood Business" (BN) to "Firdale Village Mixed Use" (FVMU). Section 4. The Planning Manager and staff are hereby authorized to effectuate appropriate changes in the zoning map to show the subject site to be zoned as Firdale Village Mixed Use. Section 5. 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. {WSS753839.DOC;1 \00006.900000\ } - 2 - APPROV MAY GAVY HAAKENSON ATTEST /AUTHENTICATED: " 4 � " 2, J. C_ _� CITY CLERK, SANDRA S. CHASE APPROVED AS TO FORM: OFFICE OF THE CI Y ATTORNEY: BY ) 5i5l& W. SCOTT SNYDER FILED WITH THE CITY CLERK: 02 -12 -2010 PASSED BY THE CITY COUNCIL: 02 -16 -2010 PUBLISHED: 02 -21 -2010 EFFECTIVE DATE: 02 -26 -2010 ORDINANCE NO. 3784 {WSS753839.DOC;1 \00006.900000\ 1 - 3 - SUMMARY OF ORDINANCE NO. 3784 of the City of Edmonds, Washington On the 16th day of February, 2010, the City Council of the City of Edmonds, passed Ordinance No. 3784. A summary of the content of said ordinance, consisting of the title, provides as follows: AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, REZONING CERTAIN REAL PROPERTY KNOWN AS "FIRDALE VILLAGE" FROM NEIGHBORHOOD BUSINESS (BN) TO "FIRDALE VILLAGE MIXED USE" (FVMU) ZONE, ESTABLISHING AS A CONDITION THEREFOR THE EXECUTION AND RECORDING OF A DEVELOPMENT AGREEMENT, AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. The full text of this Ordinance will be mailed upon request. DATED this 17th day of February, 2010. / C�x� CITY CLERK, SANDRA S. CHASE {WSS753839.DOC;1 \00006.900000\ }- 4 - Ret rn Name & ddress re a r 1L U21 6— Document Title(s) k.jP h761,- /- Reference Number(s) of Related Document(s) Grantor(s) a S Pro X1,-31 ned Grantee(s) /l C111`Y o ��l !'Y1 �� II /4C, �Iecel ,re,906 Z�O DFIIZZOPU,641� 47019 IIIII III, III Ves COUNT IAISIPINGTON Additional Reference #'s on Page Additional Grantors on Page Additional Grantees on Page Legal Description (abbreviated form: ie L/ot/Block/Plat or Section /Township /Range) 10 s /- s 1A_ -/ 4/ rash ', 's �: ���. �P I/, l% 4110 Assessor's Property Tax Parcel /Account Number C) 0 y qq0 00o0�0� Legal on Page Additional Parcel #'s on Page The Auditor /Recorder will rely on the information provided on this form. The responsibility for the accuracy of the indexing information is that of the document preparer. NATIVE GROWTH PROTECTION EASEMENT THE GRANTOR, WNS Property Investment, Inc.,. a Washington Corporation, for and in consideration of the adoption of a Development Agreement approved by the Edmonds City Council, hereby grants and conveys to the Grantee, the City of Edmonds, a Washington municipal corporation, its successors and assigns, a perpetual native growth protection easement in, on, upon, over, under, across, along and through the real property legally described on Exhibit A attached hereto and incorporated herein by this reference as if set forth in full ( "NGPE Area" herein). This easement is established in order to preserve native vegetation within the NGPE Area for all purposes that benefit the public health, safety and welfare, including controlled surface water erosion, visual and aural buffering, protection of plant and animal habitat, replanting and restocking of plants or animal habitat, and any other actions deemed necessary by the Grantee to preserve and protect the native vegetation within the NGPE Area. Grantor shall maintain the NGPE Area in a substantially natural state. With the exception of the removal of vegetation that is dead, diseased or hazardous, as determined by a licensed or certified arborist in a report to be submitted to and, except in an emergency, approved by Grantee, no clearing, grading, filling, building, fence construction, or road construction of any kind shall occur within the NGPE Area. This easement and the conditions thereof shall be a covenant running with the land and shall be binding on the successors, heirs and assigns of the owners of the land. The Grantee, its successors and assigns, shall have the right but not the obligation without prior institution of any suits or proceeding of law, at any time as may be deemed necessary by the Grantee, to enter upon said easement for the purpose of protecting and preserving the NGPE Area. Nothing in this easement shall obligate the City of Edmonds to perform any activity or to utilize the easement for any purpose. Grantor hereby warrants that it is the owner of the above- described property and has the authority to convey such easement. [Signatures on Following Page] REQUIRED FEB B 5 2010 KIRKE SIEVERS, Snohon* Counly Treasurer NATIVE GROWTH PROTECTION EASEMENT Dated this day of February, 2010. WNS Property Investment, Inc. By: Its: v STATE OF WASHINGTON ) ) ss. COUNTY OF I certify that I know or have satisfactory evidence that to etc 5 k is the person who appeared before me, and said person acknowledged that he /sh s authorized to execute the instrument and acknowledged it as U pvr,�V of to be the free and voluntary act and deed of such party for the uses and purposes mentioned in this instrument. DATED: Re& S—, 7-0 7 L-.:� ?Iot�n °g Public Stxlte �-.'/ shington CHET" r + = =": 1-0STER SIU MY V EXPIRES ,August 10, 2011 NATIVE GROWTH PROTECTION EASEMENT (Signature) (Print Name) NOTARY PUBLIC My appointment expires: 'S J 2 Exhibit A Legal Description of Native Growth Protection Easement Area THAT PORTION OF LOTS 1, 2, 3, 4, 5, 12, 13 AND 14, FORSHEE'S FIRDALE VILLAGE AS PER PLAT RECORDED IN VOLUME 14, PAGE 27, SNOHOMISH COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF LOT 6 , FIRDALE VILLAGE NO.5 AS PER PLAT RECORDED IN VOLUME 20 OF PLATS, PAGE 45 RECORDS OF KING COUNTY, WASHINGTON: THENCE N88026'52'W ALONG THE SOUTH LINE THEREOF A DISTANCE OF 75.19 FEET TO THE SOUTHEAST CORNER OF LOT 7 SAID FIRDALE VILLAGE NO.5: THENCE S01 °33'10W A DISTANCE OF 30.00 FEET: THENCE N72 021'54 "W A DISTANCE OF 108.30 FEET TO THE SOUTH LINE OF SAID FIRDALE VILLAGE NO.5: THENCE N88 °26'50 "W A DISTANCE OF 226.56 FEET TO THE SOUTH WESTERLY LINE OF SAID PLAT: THENCE S44 012'30 "E A DISTANCE OF 28.67 FEET TO A POINT ON A LINE THAT IS 20.00 FEET SOUTH OF AND PARALLEL WITH THE SOUTH LINE OF SAID PLAT: THENCE S88 026'50 "E ALONG SAID LINE A DISTANCE OF 203.20 FEET: THENCE S72 °21'54 "E A DISTANCE OF 132.06 FEET: THENCE N01 °33'10 "E A DISTANCE OF 24.58 FEET TO A POINT ON A LINE THAT IS 32.00 FEET SOUTH OF AND PARALLEL WITH THE SOUTH LINE OF SAID PLAT: THENCE S88 026'52 "E ALONG SAID LINE TO THE EAST LINE OF LOT 2 FIRDALE VILLAGE AS PER PLAT RECORDED IN VOLUME 14 OF PLATS, PAGE 27 RECORDS OF SAID COUNTY: THENCE N01 °43'07 "E ALONG SAID LINE A DISTANCE OF 32.00 FEET TO THE POINT OF BEGINNING. NATIVE GROWTH PROTECTION EASEMENT 3 STATE OF WASHINGTON, COUNTY OF SNOHOMISH f � ?c. 1890 SUMMARY OF ORDINANCE e City of Edmonds, We On the 16th day of February, 2010, the of Edmonds, passed Ordinance No. 3784. tent of said ordinance, consisting of the WE CORDING OF A DEVELOPMENT AGREEMENT, AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. . The full text of this Ordinance will be mailed upon request. DATED this 17th day of February 2010. CITY CLERK, SANDRA S. CHASE Published- February 21 2010. Account Name: City of Edmonds Affidavit of Publication S.S. The undersigned, being first duly swom 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, 3784 Rezoning Certain Real Property 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: February 21, 2010 and that said newsper was regularly distributed to its Subscribed and swom to before me this day of February, 2010 M during all of said period. 22nd Notary Public in and for he St e �i Alli,ry a i4ere , Snohomish County.�...s •:;a11 �s.rr x _t• ,,55 r ,� ®'.�fj Account Number: 101416 i®r Number: 0001686002 - $ 1 y IN Gt ti•��:.'. :.Z Fes•, �'..