2011/04/13 Council Agenda Packet

Er City of Everett—Real Property TO: City Council Members FROM: Mike Palacios DATE: April 7, 2011 SUBJECT: Proposed Amendment to Vacation Ordinance Background: At the November 3, 2010 public hearing Council expressed concern over how future development of the abutting properties would be affected by the proposed vacation. Council considered, but did not pass, a motion to restrict development beyond single family uses. Following the public hearing, the petitioners commented to staff that they had no desire to pursue development beyond single family uses and would be receptive to provide covenants to that effect if it would aid in the vacation process. Staff recommends that the Council adopt the following amendments to provide for the restrictive covenants on development that the petitioners have agreed to. Proposed language of the amendment: 1. Add a Section 7, entitled "Development Effect,"reading: The Petitioners agree, by way of the attached covenants which are incorporated herein by reference, that development on the abutting properties shall be restricted to one single-family dwelling and related structures incidental thereto. The attached covenants shall be recorded with this Ordinance. 2. Change the language of the Section 5, entitled"Recording,"to read: Upon passage of at least fifteen (15) days after the signing of this Ordinance and receipt of the compensation set forth in Section 4, this Ordinance shall become effective and shall be recorded, with the attached covenants, within the Snohomish County Auditor's Office. 8