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2. A floodplain delineation on the subject property has provided new information <br /> which has demonstrated that the proposed zoning is appropriate for the subject <br /> property; <br /> 3. The application of the proposed R-2 zoning only to that portion of the property <br /> located outside of the 100 year floodplain provides for the public health, safety <br /> and welfare; and <br /> 4. The proposed change in zoning, which leaves the floodplain portion of the <br /> property in the agricultural designation and places the area outside the floodplain <br /> within the residential zoning designation, promotes the best long term interests of <br /> the Everett community. <br /> NOW, THEREFORE, THE CITY OF EVERETT DOES ORDAIN: <br /> Section 1. The portion of the Tredway Corporation property depicted on the map <br /> attached hereto as Exhibit A,the legal description for which is: <br /> Those portions of vacated Blocks 37 and 40 in the plat of Smith's First Addition <br /> to the Town of Lowell, as recorded in Volume 3 of Plats, page 18, records of <br /> Snohomish County, Washington, and abutting vacated First Street and Ravenna <br /> Street, all more particularly described as follows: <br /> Beginning at the Northwest Corner of said vacated Block 40; thence N 0 degrees <br /> 00'00"E along the East margin of First Street 106.00 feet; thence N 90 degrees <br /> 00'00"E 53.50 feet; thence S 0 degrees 33'42" W 306.02 feet; thence N 90 <br /> degrees 00'00" W 100.00 feet to intersect a line 12.00 feet West of the centerline <br /> of said vacated First Street; thence N 0 degrees 00'00" E along said line 200.00 <br /> feet to the South margin of Ravenna Street; thence N 90 degrees 00'00"E along <br /> said margin 49.50 feet to the point of beginning. <br /> is hereby rezoned from A-1 (Agricultural) to R-2 (Single Family Medium Density). <br /> Section 2. Notwithstanding any language herein, for the sole purpose of the City's noise <br /> regulations, Chapter 20.08 EMC, the property described in Section 1 shall be deemed to <br /> be agriculturally zoned property constituting a"District III Receiving Property" in <br /> relation to the Morse Construction Group, Inc.'s property which is located directly to the <br /> northeast of the property described in Section 1. For such time as the Morse <br /> Construction Group, Inc. or its successors use its property for manufacturing purposes, <br /> the property described in section 1 shall be deemed to be a District III Receiving <br /> Property." Further,the applicant shall prepare a covenant acceptable to the City Attorney <br /> to be recorded on the property described in section 1 acknowledging its status as a <br /> District III Receiving Property under the City's noise regulations and waiving any <br /> challenge or complaints concerning the City's noise regulations regarding the above- <br />