HomeMy WebLinkAboutOrdinance 953-83 • '
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ORDINANCE NO. /C S3
AN ORDINANCE amending the Zoning Map
of the City of Everett as provided by
Everett Muncipal Code, Title 19, Ord.
No. 3572, as amended, to encompass an
area northwest of Kasch Park, south of
Casino Road and east of Airport Road
WHEREAS, on April 26, 1983, the City of Everett Planning Commission held a
public hearing regarding the establishment of the Comprehensive Plan and Zoning
designation for the hereinafter described property proposed for annexation to the
City; and
WHEREAS, at two public hearings on May 18, 1983, and June 22. 1983, as
required by R.C.W. 35.13.178, the City Council reviewed the recommendations of
the Planning Commission, and determined that the Comprehensive Plan designation
for said property shall be Planned Industrial District, and
WHEREAS, the City Council of Everett, after reviewing the
recommendations of the Planning Commission has determined that said property
shall be zoned M-M, Medium Manufacturing with contract.
NOW, THEREFORE, the City of Everett does ordain:
Section 1: That the City Council of Everett does hereby find that the zoning
designation hereinafter set forth is in the best interest of the City
of Everett and meets the purpose of the Comprehensive Plan.
Section 2: That the proposed zoning designation is based on the property
owner executing the attached concomitant agreement to the
zoning designation.
Section 3: That the Zoning Map of the City of Everett, as established by
Everett Municipal Code, Title 19, (Ord. No. 3572, Sec. 4, as
amended) is hereby amended to include and designate the
following described property as M-M, Medium Manufacturing with
contract.
Legal Description: That portion of the west half of Section 14,
Township 28 North, Range 4 East, Willamette Meridian, Snohomish
County, Washington, described as follows:
Commencing at the west quarter corner of said Section 14, thence
S° 89 58' 12" E along the east-west centerline of said Section 14 a
distance of 1791.23 feet to the TRUE POINT OF BEGINNING;
thence N 0° 53' 34" W 1218.641 feet; thence N 89° 48' 49" W
600.107 feet; thence S 0° .53' 34" E 1452.000 feet; thence S 89° 48'
49" E 600.127 feet; thence N 0° 53' 52" W 233.359 feet to the true
point of beginning.
Section 4: That the official map in the Planning Department of the City of
Everett shall, upon passage of this Ordinance, be amended as
hereinabove provided, and henceforth said property shall be used
in accordance with the zone in which the same is now established,
as provided by Everett Municipal Code, Title 19 (Ord. f#3572 as
amended) and in accordance with development requirements
stated in the attached concomitant agreement.
Section .5: That failure to meet the conditions of the attached contract shall
result in reconsideration of this zoning action by the Planning
Commission and City Council, and future development of said
parcel shall then be subject to the requirements of R.S., Single-
family Suburban Residential zone.
Section 6: The City Clerk is hereby instructed to file the duly certified copy
of this Ordinance with the Auditor of Snohomish County,
Washington.
CITY OF EVERETT
ATTEST: � <
Mayor
/
y Clerk
PASSED: 6---.72-Y-3
VALID:
PUBLISHED: ,63.a2>-,FJ
• • CONCOMITANT AGREEMENT TO ZONING ORDINANCE NO. i', .>
Ref. Rezone File #1-83 - Snohomish County Public ,
Transportation Benefit Area Corporation
THIS AGREEMENT made and entered this
/,-, ' day of
, 1983, by and between the City of Everett, a municipal corpora-
tion under the laws of the State of Washington, hereinafter called "City," and
Snohomish County Public Transportation Benefit Area Corporation, hereinafter
called "Owner."
WITNESSETH:
WHEREAS, the Owner has made application to the City to establish zoning
on the parcel of property described in the Ordinance which is marked Exhibit "A,"
attached hereto and incorporated herein by reference; and
WHEREAS, the Owner's proposed zoning and development would create a
situation where a Medium Manufacturing Zone (M-M) would abut a Single-family
Suburban Residential Zone; and
WHEREAS, it is believed that the zoning of said area to permit Owner's
development will be in the public health, safety and welfare of the citizens of
Everett and, further, that the public health, safety and welfare of the citizens of
Everett would best be served by anticipating the impact of such development and
imposing certain mutually agreed upon standards, conditions and requirements; and
WHEREAS, the Owner has agreed to develop the aforementioned property as
a transit terminal in consideration of the City considering designating the property
M-M and the Owner further agrees as part of said consideration that should the
City zone the property M-M, to lay out, develop and maintain the transit terminal
as hereinafter set forth;
NOW, THEREFORE, it is mutually agreed as follows:
f Section 1: LIMITED USE. That the owner agrees that the layout,
development and maintenance of the site shall be limited to the Snohomish County
Public Transportation Benefit Area Corporation's transit terminal as is shown on
the site plan (which is marked Exhibit "B," attached hereto and incorporated herein
by reference) as modified by this Agreement.
Section 2: AUTHORITY. That the execution of this Agreement by both
parties hereto authorizes the Owner to go through a site plan review process for
r
Phase I. Assuming the City's Planning Department gives final site plan approval,
the owner is authorized to layout, develop and maintain Phase I in accordance with
' the site plan as approved and in accordance, with the terms of this Agreement.
Section 3: SITE PLAN REVIEW.
A. That attached hereto and incorporated herein is Exhibit "C" which is
onesite plan labeled Community Transit Operating Base, Phase I, prepared by
Kramer, Chin & Mayo, Inc., and dated
Exhibit "C" shall
serve as the basis for the site plan review process in order to develop a final site
plan.
B. That Owner agrees that the Owner and/or his design team shall meet
with the City's Planning Department and other interested parties in the early
stages of final site plan development to ensure that all of the conditions of this
Agreement have been complied with.
C. That Owner agrees that the site plan will be reviewed by the City's
Planning Department to determine whether the site plan satisfies the intent as well
/0141 as the requirements of this Agreement. After review, the City's Planning
Department will either approve the site plan or return to the Owner for revision.
D. That should either the Owner or the City question whether the final
site plan meets the intent and requirements of this Agreement, either party to this
Agreement may request review by the City's Hearing Examiner.
Section 4: PHASE I IMPROVEMENTS. That Phase I improvements shall
be limited to the following:
Use of Structure Stories Approximate Size
Administration Bldg. 1 4,000 square feet
Operations Bldg. 1 5,400 square feet
Maintenance Bldg. 2 37,000 square feet
Bus Servicing Area 1 5,600 square feet
(including bus washer -
single lane)
Body & Paint Shop 2 12,000 square feet
Storage Shed 1 500 square feet
P'"
Parking Spaces
Automobile 165
Buses 100
Other (Maintenance, Vanpool, Etc.) 17
Section 5: PHASE I CONDITIONS. That the Owner agrees that the
following conditions shall apply to Phase I:
A. Public Utilities.
1. Sewer. Sewer is to be routed through the City's Kasch Park
and thence through an easement obtained from GTE to the
northeast corner of Owner's property. The easement shall be
acquired prior to issuance of any construction permits. This
improvement will be provided jointly by the City and Owner
who shall pay a fair share of all costs. The pro rata share shall
be determined prior to the improvement being installed.
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•
• Owner shall participate' in'the cost to fund Lift Station #28.
The actual cost shall be computed by the City's Building
Department per the ordinance in effect at the time and
according to the information provided on the approved plans
on the date of permit issuance.
An estimate of the expected concentration of pollutants from
• thesite is required to be submitted to, and approved by the
City's Public Works Department prior to the issuance of any
building permits. The estimate must identify the mitigative
techniques to be used to reduce the concentration of
pollutants.
No utility lines shall be installed in the areas designated as
"Existing Vegetation" on the final site plan.
2. Water Service. Owner will acquire water service from
Mukilteo Water District.
Owner will install an 8" looped water main which is required to
meet the expected fire flow demands for this proposal. The
main must connect to the existing 16" main in Airport Road
and the existing 8" main in Casino goad.
On-site watermain will be staked within an easement granted
to the City. The easement must be submitted and accepted by
OPIS the City prior to issuance of occupancy permits.
3. Undergrounding. Undergrounding of all utilities including
electrical, telephone and TV cable is required to minimize the
visual impact of this development on adjacent properties.
'4. Easements. The City will attempt to obtain the necessary
easements from GTE for utility installation. Owner agrees to
pay a portion of the utility easement obtainment costs. Owner
agrees to save the City harmless from any liability in the
event the City does not obtain the necessary easements.
5. Storm Drainage. Owner must provide drainage improvements
in accordance with the City's Public Works Department
requirements. Oil/water separation is required for all storm
water systems. In lieu of providing on-site detention, payment
to the City Drainage Fund 340 is required.
Owner must provide and maintain oil and water separators to
minimize surface water quality degradation. No gas, oil or
other deleterious materials will be permitted to be discharged
directly into the storm water or sewer systems.
B. Entry Road Improvements. Owner agrees to provide full standard
street improvements to Airport Road intersection and Kasch Park
access road. Owner shall improve the access road with curb, gutter,
runt a three (3) foot median on the north side for street lighting and a
six (6) foot asphalt bike/pedestrian path.
C. Southern Access. Owner agrees to guarantee access to 100th Street
through the Bomarc property. Improvements to this access road will
be made by the Owner. Owner agrees to withhold making said
improvements until such time as there is additional development on
Owner's property (i.e., Phase II), until such time as the Bomarc
property further develops, or until such time that the City requests
the improvements be made.
D. Grading. All native materials shall remain on-site or off-site
disposal areas must be identified and reviewed by the City's Public
Works and Planning Departments to insure compliance with all City
Codes.
E. Fire. Hydrants shall be provided by Owner and will be spaced per
the City Hydrant Ordinance. Sprinklers shall be provided as required
by the Uniform Building Code, 1979 Edition and Amendments. •
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r �
F. Fencing. Fencing exposed to public view shall be screened by
• Owner through the use of landscaping, berming or other means. Plans
must be reviewed and approved by the City's Parks and P.lanning
Departments prior to issuance of Building Permits.
G. Landscaping. The eastern edge of the Owner's site from the north
• end of the Maintenance Building to the south property line shall be
landscaped by the Owner. A joint landscaping effort between the
City and Owner may be possible along, the eastern edge of the
property adjacent to the Kasch Park active recreation area if the
City agrees to such. Otherwise, Owner agrees to provide the
necessary landscaping along the above-described area.
The roadway frontage shall have similar treatment with substantial
amounts of vegetation along the entire frontage to minimize the
visual exposure of the public to both the staff parking and bus
storage. An alternative would be to provide 5% of the interior of all
parking areas in landscaping in addition to a five foot wide
landscaped area adjacent to the street.
Detail landscaping plans shall be reviewed and approved by the City's
Parks and Planning Departments ents prior to issuance of Building
Permits. •
H. Berming. In order to reduce noise impacts along the eastern
property line of Owner's property, adjacent to the Maintenance
Building, a berm shall be constructed to the reasonable satisfaction
/i** of the City's Noise Officer and Parks Director..
I. Lighting. Owner agrees that all exterior lights shall be directed or
shielded to minimize light and glare projecting onto adjoining
properties and streets. Lights shall be directed downward and away
from the airport to minimize the interference with aircraft
operations.
J. Height. No structures, antennas, nor portion of structures on the
subject property shall exceed 35 feet in height.
K. Storage. Solid waste disposal facilities and permanent outdoor
storage shall be screened by fencing or landscaping and be integrated
with the theme of the building.
L. Noise. That the owner shall comply with all City and State noise
regulations and further will attempt to address any reasonable noise
complaints by modifying the transit facility operation.
M. Air Pollution. That the owner shall comply with all Puget Sound Air
Pollution Control Agency regulations and further will address any
reasonable air quality concerns raised by adjacent property owners.
N. General Public Works Requirements.
1. Detailed drawings shall be submitted to the City's Public
Works Department showing site parking layout, landscaping,
utilities, storm drainage, temporary construction erosion
control and all required improvements in the public
right-of-way. Public Works Department approval of these
drawingsis required prior to any permits being issued. All
improvements shall be completed and approved before the
Occupancy Permit is issued.
2. City streets are to be kept clear of dirt and debris at all times
during construction. Dust suppression and street cleaning
must occur as directed by the Public works Inspector.
3. All exposed ground must be reseeded within 30 days of the
completion of road construction. If reseeding is not practical
due to weather or seasonal problems, the ground must be
covered with mulch as directed by the City Engineer.
4. As-builts of storm sewer, sanitary sewer and water systems
will be required to be submitted. Water as-builts must be in
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•
the form of the original approved construction plan or.photo
mylar and shall be subnnitted•within 30 days of connection.
0, Traffic Control. If Owner finds that a signal is warranted for
traffic control of Owner's traffic, then the improvement cost
responsibility would be Owner's. Any traffic control would require
City Traffic Engineer approval.
P. Site Preparation. Site preparation shall not commence until a
clearing permit has been issued.
Q. Building Permits. No building permits will be issued until the final
site plan has been approved by the City's Planning Director.
Section 6: CODE COMPLIANCE. Owner agrees that all construction
shall conform to the requirements of the City's Building Code in effect at the time
of building permit application. In addition, Owner agrees to comply with all
applicable ordinances, statutes, regulations and codes.
Section 7: PHASE 1 CHANGES DURING CONSTRUCTION. Owner
agrees that all layout, development and maintenance shall be per this Agreement
/" and the approved site plan. However, should the Owner desire to make any changes
during construction in the approved site plan or terms of this Agreement, the
Owner shall bring this to the immediate attention of the City's Planning Director.
If in the opinion of the Planning Director the change is not a substantial change and
only results in a change in the final site plan or in the conditions set forth in
Section 4 or Section 5 of this Agreement, the Planning Director may authorize the
change by having the Owner and the Planning Director sign off on the change and
attach it to the appropriate document (final site plan or this Agreement).
However, if in the opinion of the Planning Director the requested change is a
substantial change or a change involving a change in one or more sections of this
Agreement other than Section 4 or Section 5, the Owner shall be required to go to
the Planning Commission/Hearing Examiner to seek authorization for the proposed
r,;, change. The Planning Director's ruling may be appealed to the Hearing Examiner.
In any event, anytime a change results in a change to the terms or requirements of
this Agreement (other than non-substantial changes to Section 4 and Section 5),
this Agreement must be amended by written amendments hereto duly executed by
the Owner and the City's Mayor.
Section 8: SUBSEQUENT PHASES. That this Agreement only
authorizes the development of Phase I. However, in approving Phase I, the City
acknowledges that Owner is contemplating expanding his facilities once all of the
requirements of Phase I have been met. The City will consider an expansion of
Owner's facilities only if the following issues are addressed, appropriate mitigation
measures implemented as well as any additional City concerns addressed:
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A. Landscaping
B. Berming •
C. , Noise
D. Access Configuration
E. Traffic Improvements/Impacts
F. Lighting
G,. Air Quality
H. Drainage
I. Relationship to Adjacent Land Uses
,Owner will be required to make formal application to the City for all
subsequent phases and will be required to comply with all codes, ordinances and
regulations in effect at the time of application. The City agrees with the concept
of expanding the Owner's facilities as proposed in Phase II, as long as the issues
identified above are adequately addressed and appropriate mitigation measures are
implemented.
Section 9: BINDING EFFECT. That the provisions of this Agreement
shall be binding upon and enforceable against said Owner, the Owner's successors
and assigns, and all subsequent owners, their respective heirs, successors and
assigns, of the property herein described.
Section 10: RECORDING. That an executed copy of this Agreement
shall be recorded with the Snohomish County Auditor for the purpose of subjecting
the subject property to the restrictions, conditions and limitations herein set forth
whilch are intended and shall be deemed to be covenants running with the land and
binding upon the Owners, their successors and assigns.
Section 11: CHANGE OF OWNERSHIP. That in the event there is a
change in ownership, it is the responsibility of the new owner to notify the City's
Planning Department in writing within ten (10) days of the effective date of the
change.
Section 12: LEGISLATIVE POWER. That nothing herein shall be
construed as being agreed to in consideration for said rezone, nor does the City
relinquish its legislative power with respect to said rezone in consideration for this
Agreement.
Section 13: CONCOMITANT. That this Agreement is concomitant with
Exhibit "A," the ordinance zoning the herein described property to M-M. Medium
Manufacturing Zone. •
Section 14: ENFORCEMENT.
A. That any violation of this Agreement by the Owner, the Owner's
successor and assigns, and all subsequent owners, their respective heirs, successors
and assigns shall be considered a violation of the City's Zoning Ordinance and shall
be subject to all applicable penalties.
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B'., That any building or structure set up, erected, built; moved or
•
maintained or any use of property contrary to the provisions of this Agreefient,'
shall be and the same is hereby declared to be a public nuisance.
The City is hereby authorized to apply to any court of competent jurisdic-
- tion for and such court, upon hearing and for cause shown, may grant a preliminary,
temporary or permanent injunction restraining any person; firm and/or corporation
from violating any of the provisions of this Agreement, and compelling compliance
with the provisions thereof.
C. That the penalty and enforcement provisions provided herein shall not
be exclusive and the City may pursue any action remedy or relief it deems
appropriate.
D. That in the event the City is required toseek enforcement of any of
the provisions of this Agreement by filing an action in court and the City is
successful in obtaining said enforcement, Owner, Owner's heirs, successors and
assigns, and all subsequent Owners, their respective heirs, successors and assigns
agree to pay all costs and reasonable attorney's fees incurred by the City.
Section' 15: RECONSIDERATION. That should the Owner, Owner's
successors and assigns, or any subsequent Owner, their respective heirs, successors
and assigns desire to change the use of the property as permitted herein (transit
terminal), they agree to file an application with the City and to allow the City to
reconsider the M-M zoning designation and further agrees that the City may
change the zoning designation and/or terms of this Agreement if it deems
necessary.
Section 16: NON-WAIVER. That the waiver by the Owner or the City of
the breach of any provision of this Agreement by the other party will not operate
or be construed as a waiver of any subsequent breach by either party or prevent
either party from thereafter enforcing any such provision.
IN WITNESS WHEREOF, the Owners have caused these presents to be
executed in their name and the City has caused the same to be duly executed by its
Mayor, the date and year first above written.
OWNER:
(Th SNOHOMISH COUNTYI PUBLIC
BENEFIT AREA CORPORATION
-7-
a •
•
STATE OF WASHINGTON)
( ss. . . , .
COUNTY OF SNOHOMISH )
• On this /.' day of!. C ( I--f t � , 1983, before me, the under-
signed, a Notary Public in and for,2the State of Washington, duly commissioned and
sworn, personally appeared A_4- j �' y r ,1:^
r to me
known to be the individual described in and who executed the w,ifhin and foregoing
instrument, and acknowledged to me that he/she signed and sealed the said
instrument as his/her free and voluntary act and deed for the uses and purposes
therein mentioned.
WITNESS my hand and official seal hereto affixed the day and year first
above written.
t—
C.
,,',4-7c.,L_ ,c (71/ ;)--,L_ .C'._-,�—_...%
NOTARY PUBLIC in andjor the State
of / Washington, residing at
CITY,.OF EVERETT
/r'1 %.
-WILLIAM E. MOORE, Mayor
' ATTEST:
,_.-e-',, .)--{-' ?.- -e--)-(,,,-) 49-7C 9 -71.::
i CITY CLERK ..&6.,..„J
APPROVED AS TO FORM:
h • --1(0,4
CITATTORNEY
STATE OF WASHINGTON )
ss.
COUNTY OF SNOHOMISH )
womor
On this /_! day of Aeicyc`7»‘5'' , 1983, before me, the under-
signed, a Notary Public in and for the State of Washington, duly commissioned and
sworn, personally appeared WILLIAM E. MOORE and ELAINE MOSCHILLI, to me
known to be the Mayor and City Clerk, respectively, of the City of Everett that
executed the foregoing instrument, and acknowledged the said instrument to be the
free and voluntary act and deed of said City, for the uses and purposes therein •
mentioned, and on- oath stated that they are authorized to execute the said
instrument.
WITNESS my hand and official seal hereto affixed the day and year first
above written.
1OTARY PUBLIC in and for the State
ofd Washington, residing at
-8-
,
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r•urolic Transportanon Everett,Washington
Benefit Area Corp
1 LANDSCAPE MASTER PLAN
After recording return to: Everett City Clerk
3002 Wetmore Ave '; ,,
- 41777
. Et/Ef2ETT
ADDENDUM TO
CONCOMITANT AGREEMENT TO ORDINANCE NO. 953-83
HIS AGREEMENT is made and entered this /(�14 day of
(I
, 1991, by and between Snohomish County Public
Trans ortation Benefit Area Corporation, hereinafter referred to
as "Owner, " and the City of Everett, a municipal corporation
under the laws of the State of Washington, hereinafter referred
to as the "City. "
WITNESSETH
WHEREAS, Owner operates a Community Transit operations
facility on a property located east of Airport Road, south of the
Kasch Park access road, Everett, Snohomish County, Washington,
the legal description of which is as follows:
That portion of the west half of Section 14, Township 28
North, Range 4 East, Willamette Meridian, Snohomish County,
Washington, described as follows;
Commencing at the west quarter corner of said Section 14,
thence S 89° 58' 12" E along the east-west centerline of
said Section 14 a distance of 1791.23 feet to the TRUE POINT
OF BEGINNING; thence N 00 53' 34" W 1218.641 feet; thence N
89° 48'49" W 600.107 feet; thence S 0° 53 ' 34" E 1452.000
feet; thence S 89° 48' 49" E 600. 127 feet; thence N 0° 53'
52" W 233. 359 feet to the true point of beginning; and
WHEREAS, on June 22, 1983 , the Everett City Council passed
Ordinance No. 953-83, along with a Concomitant Agreement dated
December 12 , 1983 , hereinafter referred to as "Agreement"
amending the official zoning map of the City of Everett upon
compliance with conditions contained in said Agreement; and
WHEREAS, Owner has made application to revise the conditions
of approval of said Agreement to allow an antenna to extend 76
feet 8 inches in height, rather than the 35 feet permitted by
said Agreement; and
WHEREAS, the City has provided proper notice of the proposed
project; and
WHEREAS, a public hearing was held before the Planning
Commission on March 19, 1991; and
WHEREAS, the Planning Commission made a recommendation on
March 19 , 1991 , to the City Council to grant approval to this
Addendum to said Agreement to Ordinance No. 953-83 ; and
9104170363
3002 Wetmore Ave.
EZIER-
WHEREAS, the City Council held a public hearing and approved
the Planning Commission's recommendation to adopt said Addendum;
and
WHEREAS, the Owner has agreed to develop the aforementioned
property in accordance with said Agreement dated December 12,
1983 , and this Addendum;
NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS:
I. That the Agreement is hereby amended as follows:
1. E hihit r: The site plan dated January 4 , 1991, which
is attached hereto as Exhibit A shall be substituted
for the original site plan as Exhibit "C" .
2. Section 5.A.J. of the Agreement entitled, Height is
hereby deleted and the following inserted in its place:
HPi ht _ No structure nor portion of any structure on
the subject property shall exceed 35 feet in height,
except that an antenna will be permitted near the
northwest corner of the Operations Building which shall
not exceed 76 feet 8 inches in height. The Owner must
install and continuously maintain an operating
obstruction light on top of the antenna.
II. That all provisions of the Concomitant Agreement other than
those which are modified by Section I of this agreement
shall remain in full force and effect.
III. Recording: This Agreement shall be filed in the records of
the Snohomish County Auditor for the purpose of subjecting
the property to the restrictions, conditions, and
limitations herein set forth which are intended and shall be
deemed to be covenants running with the land and binding
upon the Owner, Owner's successors, tenants and assigns.
�•y O B9
041
After recording return to: Everett City Clerk
3002 Wetmore Ave.
•
EVEI7ETT
IN WITNESS WHEREOF, said owner has caused these presents to
be executed in his name and the City of Everett has caused the
same to be duly executed by its mayor, the date and year first
above written.
Snohomish County Public Transportation Benefit Corporation
Kenneth Graska
Executive Director
STATE OF WASHINGTON)
)ss
COUNTY OF SNOHOMISH)
I certify that I know or have satisfactory evidence that
KENNETH GRASKA signed this instrument, on oath stated that he was
authorized to execute the instrument and acknowledged it as the
Executive Director of Snohomish County Public Transportation
Benefit Corporation (Community Transit) , a Corporation, to be the
free and voluntary act of such party for the uses and purposes
mentioned in the instrument.
Dated Ojef /OO /9 9/
Signature of
Notary Public 1� , L�//
iLaG�
Title • - , „r
My appointment expires/, G /9?
.'; } ) :1
After recording return to: Everett City Clerk
3002 Wetmore Ave. ,
EMMETT
CITY OF EVERETT
dirm.ammi!Of- -
PETE KING. , MAYOR
ATTEST:
7-2
V DO A RIDE ITY RK
APPROVED AS TO FORM:
ATTORNEY
STATE OF WASHINGTON)
ss
COUNTY OF SNOHOMISH)
I certify that I know or have satisfactory evidence
that PETE KINCH AND DONNA RIDER signed this instrument and
acknowledged it to be (his/her) free and voluntary act for the
uses and purposes mentioned in the instrument.
Dated Q /4, /991
Signature of )
Notary Public ) /� [a
Title C� &AL
My appointment expires 400/4i{
After recording return to: Everett City Clerk
3002 Wetmore Ave.
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11"W
Y OF EVERaTT ,...,.s, -,-,---- . ...,•,,:-_•.! ... 1
mitli
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['v.v....Asa LANDSCAPE MA.. _R PLAN
MONOPOLE LOCATION__mAP. _
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'4, .
t ei)(1-t i Brr At
ADDENDUM TO
CONCOMITANT AGREEMENT TO ORDINANCE NO. 953-83
THIS ADDENDUM is made and entered this ,2.4,/ :: day of , 1993,
by and between Snohomish County Public Transportation Benefit Area
Corporation, hereinafter referred to as "Owner," and the City of Everett, a
municipal corporation under the laws of the State of Washington, hereinafter
referred to as the "City."
WITNESSETH
WHEREAS, Owner operates a Community Transit operations facility on a
property located east of Airport Road, south of the Kasch Park access road,
Everett, Snohomish County, Washington, the legal description of which is as
follows:
That portion of the west half of Section 14, Township 28 North, Range 4
East, Willamette Meridian, Snohomish County, Washington, described as
follows;
Commencing at the west quarter corner of said Section 14, thence
S 89° 58' 12" E along the east-west centerline of said Section 14 a
distance of 1791.23 feet to the TRUE POINT OF BEGINNING; thence
N 0° 53' 34" W 1218.641 feet; thence N 89° 48' 49" W 600.107 feet;
thence S 0° 53' 34" E 1452.000 feet; thence S 89° 48' 49" E 600.127
feet; thence N 0° 53' 52" W 233.359 feet to the true point of
beginning; and
WHEREAS, on June 22, 1983, the Everett City Council passed
Ordinance No. 953-83, along with a Concomitant Agreement dated
December 12, 1983, hereinafter referred to as "Agreement" amending the
official zoning map of the City of Everett upon compliance with conditions
contained in said Agreement; and
WHEREAS, Owner has made application to revise the conditions of
approval of Agreement to allow the Phase II expansion of the Community Transit
Operating Base Facility; and
WHEREAS, the City has provided proper notice of the proposed project;
and
WHEREAS, a public hearing was held before the Hearing Examiner on
December 31, 1992; and
WHEREAS, the Hearing Examiner made a recommendation on
December 31, 1992, to the City Council to grant approval to this Addendum to
said Agreement to Ordinance No. 953-83; and
-1-
WHEREAS, the City Council held a public hearing and approved the
Hearing Examiner's recommendation to adopt this Addendum; and
WHEREAS, the Owner has agreed to develop the aforementioned property in
accordance with said Agreement dated December 12, 1983, and this Addendum;
NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS:
I. That the Agreement is hereby amended as follows:
A. PHASE II IMPROVEMENTS. That Phase II improvements shall be
limited to the following:
New/Expanded Structure Stories Approximate Size
Corporate Office 3-5 40,625 square feet
Expanded Bus Maintenance/
Unit Repair,, 2 12.2,525 square feet
Facilities Maintenance/
Support Vehicle Maintenance/
Administration 2 30,000 square feet
Recycle Building 1 2,800 square feet
Expanded Bus Servicing Area
(including Bus Wash,
Interior Cleaning, Fuel Island) 1 11,710 square feet
Flammable Storage 1 525 square feet
Vault House 1 625 square feet
Parking Spaces
Automobile 284
Buses 200
Other (Maintenance, Vanpool, etc. ) 116
B. Section 5, Paragraph G:
Landscaping. The eastern edge of the Owner's site from the north
property line to the south property line shall be landscaped by
the Owner. A joint landscaping effort between the City and Owner
may be possible along the eastern edge of the property adjacent
to the Kasch Park active recreation area if the City agrees to
such. Otherwise, Owner agrees to provide the necessary
landscaping along the above described area.
-2-
The roadway frontage shall have similar treatment with
substantial amounts of vegetation along the entire frontage 'td
minimize the visual exposure of the public to both the staff
parking and bus storage. A six-foot-wide sidewalk will be
installed along the south side of Kasch Park Access Road from the
east boundary of Community Transit's property to the west
boundary.
Detailed landscaping plans shall be reviewed and approved by the
City's Parks and Planning Departments prior to issuance of
Building Permits.
C. Section 5, Paragraph H:
Berming. The existing berm along the eastern property line of
the Owner's property, adjacent to the Maintenance Building, is
adequate for reduction of noise impacts on Kasch Park.
D. That Section 5, Paragraph C be deleted
II. That all provisions of the Concomitant Agreement other than those which
are modified by Section I of this Addendum shall remain in full force
and effect.
III. Recording: This Addendum shall be filed in the records of the
Snohomish County Auditor for the purpose of subjecting the property to
the restrictions, conditions, and limitations herein set forth which
are intended and shall be deemed to be covenants running with the land
and binding upon the Owner, Owner's successors, tenants and assigns.
2079dm
-3-
S.
IN WITNESS WHEREOF, said owner has caused these presents to be executed
in his names and the City of Everett has caused the same to be duly executed
by its Mayor, the date and year first above written.
Snohomish County Public Transportation Benefit Corporation
Kt- -�
Kenneth Graska
Executive Director
STATE OF WASHINGTON)
)ss
COUNTY OF SNOHOMISH)
I certify that I know or have satisfactory evidence that KENNETH GRASKA
signed this instrument, on oath stated that he was authorized to execute the
instrument and acknowledged it as the Executive Director of Snohomish County
Public Transportation Benefit Corporation (Community Transit), a Corporation,
to be the free and voluntary act of such party for the uses and purposes
mentioned in the instrument.
(4j
Dated ,% 4,.414'y a /993
l
Signature of ,/�.
Notary Public , A / ��- s ,f ,
,
Title t,*(1Ciy7!%ik..-e k'''_ `LIGE
My appointment expires /174 CI ),'"ie*-.
2079dm
-4-
CITY OF EVERETT
i
PETE K =, M1YOR
1
ATTEST:
.---f11 .
Aa4 ��►
APPROVED AS TO FORM:
.,, -17.- ----; s
CITY ATTORNEY
STATE OF WASHINGTON)
)ss
COUNTY OF SNOHOMISH)
I certify that I know or have satisfactory evidence that PETE
KINCH AND DONNA RIDER signed this instrument and acknowledged it to be
(his/her) free and voluntary act for the uses and purposes mentioned in the
instrument.
Dated 3/4c93
Signature of aug.o*7
/
Notary PublicI � //
Title1. [ pg,, ,
My appointment expires 4*/9SF
2079dm
-5-