HomeMy WebLinkAboutOrdinance 1134-85 Elaine Moschilli, CMC
City Clerk's Office
~ City Hall
4 ORDINANCE NO. /f - � Everett, SVA 98201
AN ORDINANCE amending the Zoning Map of the City of Everett as
provided by Ordinance No. 3572 as amended (Title 19, Everett
Municipal code) rezoning the area generally described as
east of Upper Ridge Road north of 73rd St. S.W.
I C) from R-1 Single Family Low Density Residential
LC1 to M-1 Heavy Manufacturing with Concommitant Agreement.
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WHEREAS, on February 21 , 1985, the City of Everett Land Use Hearing
Examiner held a public hearing regarding the rezone of the hereinafter
described property from R-1, Single Family Low Density Residential to M-1,
Heavy Manufacturing with Concomitant Agreement; and
WHEREAS, the City Council has determined that said property should be
rezoned and zoned M-1, Heavy Manufacturing with Concomitant Agreement;
NOW, THEREFORE, THE CITY OF EVERETT DOES ORDAIN:
Section 1: That the City Council does hereby find that the zoning
change hereinafter set forth bears a substantial relationship to the general
welfare of the City of Everett and is in conformance with the Comprehensive
Plan.
Section 2: That the proposed zoning change is subject to the property
owner(s) identified in the attached concomitant agreement, as well as their
successors, assigns, and tenants, meeting the conditions of the M-1, Heavy
Manufacturing with Concomitant Agreement zone and the conditions stated in
said agreement.
Section 3: That the Zoning Map of the City of Everett, as established
by Ordinance No. 3572 as amended (Title 19, Everett Municipal Code), is hereby
I amended from R-1 , Single Family Low Density Residential to M-1, Heavy
Manufacturing with Concomitant Agreement, subject to the conditions of the
attached concomitant agreement on the following described parcel (see attached
map):
Legal Description for Rezone:
Those portions of the plat of Beverly Acreage Tracts, according to the
plat thereof recorded in Volume 10 of Plats, page 50, records of
Snohomish County, Washington, defined as follows:
The East 230 feet of Lots 49 and 50, containing 2.96 acres.
Section 4: That the official map in the Planning Department of the
City of Everett shall be amended as hereinabove provided, and said property
shall be used in accordance with the zone in which the same is now
established, as provided by Ordinance No. 3572 as amended (Title 19, Everett
Municipal code) and in accordance with the requirements stated in the attached
concomitant agreement.
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Section 5: The above rezone is conditioned on the terms of they
j attached concomitant agreement which is attached' hereto -and incorporated'
j' herein by reference. Accordingly, the property owner(si identified in said'
j' agreement- must properly execute the agreement and submit it to the City within
• thirty (30) days of the date of passage of this Ordinance. In the event that'
• said agreement . is not executed within said thirty days, the zoning!
'1 reclassification authorized herein shall be null and void and the subject
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Iproperty will revert to the following zoning designation: R-1, Single Family
1 Low Density Residential.
Section 6: That if any section, subsection, sentence, clausd, phrase
or any portion of this ordinance or the attached concomitant agreement is for'
Iany reason held to be invalid or unconstitutional by the decision of any court
1 of competent jurisdiction, such decision shall not affect the validity of the
11Iremaining portions of this ordinance or attached agreement. The City Council
I1 of the City of Everett hereby declares that it _ would have adopted this
Iordinance and the attached agreement and each section, subsection, sentence,
clausehrase or
p portion thereof irrespective of the fact that any one or
more sections, subsections, sentences, clauses, phrases or portions be
declared invalid or unconstitutional.
Section 7: The City Clerk is hereby instructed to file the duly:
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certified copy of this ordinance and the attached concomitant agreement with'
1i the Auditor of Snohomish County, Washington.
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CITY OF EVERETT
WILLIAM E. MOORE, Mayor
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i ATTEST:
CITY CLERK
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Passed: 2-2 -�S'
ii Valid: -c-2
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1 Published: 6-- 4 - 1S
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1 STATE OF WASHINGTON )
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COUNTY OF SNOHOMISH ) SS
I, Elaine Moschilli, City Clerk of the
E , . City of Everett, Washington, hereby •
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ca; �z � �, certify this is a true and correct copy
' . • r`.; of Ordinance No. `/3 ' F dopted by
► .: _ • mac the City Council in regular session on
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.1.0°` (� City Clerk
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STATE OF WASHINGTON ) — •
COUNTY OF SNOHOMISH ) , cpss
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I , Elaine Moschilli , City Clerk of the t : I
City of Everett, Washington, hereby certify •'
this is a true and correct copy of map Illi
-4-e-7 -c--1-'t--e--e--e 1 e--
showing rezone of area as adopted byG • a
Ordinance No. // 3 4-•�,',
on `7`' O_.S! -- IN kV •='�i
by the City Council of Everett. R-2__
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--A--e-a--e-4--6-e_)9REZONE AREA
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CITY OF EVERETT PLANNING DEPARTMENT
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ATTACHMENT FOR REZONH OtOINANCE NO. 1/ g 9'',F-.
8. 5_0=50700 7 -
.YOl 1898 PAGE 097
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ASSOCIATED SAND AND GRAVEL REZONE
CONCOMITANT AGREEMENT TO REZONE ORDINANCE NO. !/gS TS—
i THIS AGREEMENT is made and entered this '/tea day
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1985, by Associated Sand and Gravel Company Inc. , said party being
� hereinafter referred to as Owner, and the City of Everett, a municipal •
I corporation under the laws of the State of Washington, hereinafter
referred to as the City;
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WITNESSETH:
11 WHEREAS, Associated Sand and Gravel Company Inc. is the owner of a
tract of real property approximately 2.96 acres in size located east of
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Upper Ridge Road and south of Madison Street, Everett, Snohomish County,
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Washington, the legal description of which is attached hereto as Exhibit
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A and incorporated herein by this reference; and
WHEREAS, such zoning and development is adjacent to the existing
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Associated Sand and Gravel mining operation which is zoned M-1 Heavy
Manufacturing; and
j WHEREAS, the public health, safety, and welfare would be best
dserved by anticipating the impact of such development and imposing
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certain mutually agreed upon standards, conditions and requirements which
shall be documented herein and hereafter considered to be an integral
I part of the zoning restrictions applicable to the property; and
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WHEREAS, the owner has agreed to develop the aforementioned
property per the Southwest Everett Comprehensive Plan (The Plan) , which
H is incorporated herein by reference in consideration of the City
considering designating the property M-1 and the owner further agrees as
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part of said consideration that should the City zone the property M-1 , to
lay out, develop, and maintain the property as hereinafter set forth;
1,1 CONCOMITANT AGREEMENT - 1
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VOL 1.848 PAGE 0978
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NOW THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS:
1 1 . Uses Permitted
I !I A. Campus-like facilities for administration, research,
assembly and manufacture of instruments, electronics, and
similar activities;
'a I B. All other uses that can be proven environmentally
unobtrusive and meet the minimum performance standards of
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zoning and urban design;
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.� C. Large warehouses, storage and transportation depots;
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I . D. Allow the continuation of stationary sand and gravel product
manufacturing operation, including all necessary support
'I facilities currently existing.
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2. Prohibited Uses
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dA. All residential uses except caretaker facilities;
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B. Heavy industry or manufacturing uses anticipated to create
I significant environmental degradation;
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i ( 1) metal manufacture from raw materials such as blast
I furnaces, foundries, forges, smelters, rolling mills,
etc.
1 (2) manufacture of explosive material or storage thereof;
(3) noxious chemical manufacture exemplified by production
of fertilizer, petroleum, tars, creosote, asphalt,
and pulp and paper production;
(4) food processing industries such as slaughter houses,
! fish canneries, stockyards, tanneries, and similar
activities;
(5) auto wrecking yards and junkyards;
l (6) sanitary land fills or any land fill operation;
!i (7) excavations and processing of minerals.
. , 13. Special Property uses
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! The following uses shall be permitted by virtue of their relation
li to the City's Comprehensive Plan or to location relative to public
II convenience and services as necessary:
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The following uses shall be permitted by virtue of their
I relation to the City's Comprehensive Plan or to location
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1! relative to public convenience and services as necessary:
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(a) communication industries and services other than
d large, heavy equipment maintenance yards;
If' (b) the demonstrated need to locate public services,
�I facilities or utilities within the designated zone;
4. DETAILED ADMINISTRATIVE SITE PLAN REVIEW PROCESS
' A. Prior to the issuance of any building permit, the applicant
Ii shall submit to the City Planning Department for
I; administrative review a detailed site plan for that portion,
J or phase, of the subject property then being proposed for
j; development.
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CONCOMITANT AGREEMENT - 2
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. B. Any site plan thus submitted shall show, or be accompanied
by, the following:
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Ii i. An Environmental Checklist prepared pursuant to theo
State Environmental Policy Act.
I! ii. The existing site conditions, including drainage
I patterns, unique physical ;features, and an inventory
of all evergreen trees over six inches in diameter in
1 areas which will remain undisturbed by buildings,
paving, public right-of-ways or utilities.
'� iii. The location and floor area size of all existing and
• proposed buildings and other improvements, including
';j maximum heights, types of buildings and occupancies,
ii if known.
�A iv. The location and size in acres or square feet of all
areas, if any, to be conveyed, dedicated or reserved
I� as open space (common, private or public) .
v. The proposed vehicular circulation system, indicating
all access points to the public right-of-way, street
it and driveway widths, parking areas, and service areas.
vi. The proposed pedestrian circulation system, including
. its interrelationship with the vehicular circulation
system.
vii. The proposed utility service network, including
I) sanitary sewers and water. All utility servicing
jI shall be underground.
I. viii. The proposed system for collecting and controlling the
; rate of storm and surface water runoff generated from
ji the project.
'j ix. A landscaping plan indicating all areas to be11
i landscaped, including open space areas, and the
existing vegetation proposed to remain. This plan
'I will indicate the size, type, and location of proposed
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I plantings.
it x. The proposed treatment of all public street frontages
i; (includingmaterials and techniques used, such as
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Ii screens, fences, walls or vegetation) .
xi. Plans for external signing and lighting.
I xii. A conceptual graphic indicating the proposed external
appearance, use of materials and colors for each of
Iithe proposed structures.
C. Each detailed site plan, and accompanying materials, shall
be submitted to the City of Everett Planning Department for
H review and approval. The criteria for such review, and the
approval, modification or denial of the detailed site plan,
�� shall be in conformance with this Agreement, the
Comprehensive Plan, and the conditions of the Zoning report
i as approved by the Hearing Examiner. Any party disagreeing
I with the Planning Department's administration of the site
I plan review process may make an appeal before the City
Hearing Examiner. Upon final approval of a detailed site
plan for any phase of development, the same shall become an
integral and binding part of this Zoning Agreement.
I Development of each phase shall be in conformance with the
applicable site plan.
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CONCOMITANT AGREEMENT - 3
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1�I 5. STORM WATER DRAINAGE
Prior to grading the subject property, and prior to obtaining any
building permits, the Owners shall submit a storm drainage
analysis for the property for which a building permit has been
requested, together with a proposal for mitigation and abatement
of storm drainage impacts resulting from construction, development
and occupancy. A detailed storm drainage plan for each phase of
development shall be submitted fpr approval to the City Public
Works Department as a part of each detailed site plan. The
design, construction and maintenance of storm drainage facilities
shall be in compliance with all applicable ordinances and the
South Everett Drainage Basins Plan, dated February, 1982.
6. LANDSCAPING
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it A. A landscaping strip, consisting of a mix of evergreen and
deciduous trees, shrubs, and ground covers, with a minimum
width of five feet, shall be provided as a visual buffer
between rights-of-way or private access roads and building
or parking areas.
B. Employee and public parking and loading dock areas shall be
developed within an overall landscape theme. Berms and
other fences shall also be utilized to minimize the visual
impact of these areas.
C. A landscaped area a minimum of 5 feet in width shall be
provided on the perimeter of all parcels to provide project
definition.
D. A twenty-five (25) foot green belt shall be retained between
the subject property and any adjacent residential
properties. A landscaping plan shall be reviewed and
approved for the redevelopment of this buffer area. Upon
completion of the landscaping of the buffer area, no trees
should remain that will block the views of adjacent
residential properties.
' 7. LIGHTING
During the site plan review process, sufficient perimeter
landscaping adjacent to parking lots shall be provided to shield
cars on adjacent public streets from headlight glare caused by
cars moving inside the parking lot. Additional screening of
lights shall be required for new developments adjacent to an
incompatible land use to minimize the impact of the new
development on existing uses.
li 8. PARKING
A. Compact car parking will be evaluated on a site/user basis
as directed by the City's Design and Construction Standards
and Specifications manual.
B. Handicapped parking spaces shall be provided at convenient
locations.
CONCOMITANT AGREEMENT - 4
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!1 9. NOISE
All projects shall be reviewed by an acoustical engineer to insure
ii that the exterior noise levels will be limited according to the
specifications established in the City of Everett Noise Ordinance.
• I 10. UTILITIES
Undergrounding of all utilities during normal project review is
I, required.
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• H 11 . PUBLIC SAFETY
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!I That a six (6) foot high chainlink fence shall be provided by the
applicant on all property lines abutting residentially zoned
property.
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12. IMPACT REDUCTION
if
!1 That Associated should dig from the bottom of the slope whenever
feasible to minimize the noise and dust impacts on adjacent
residential properties.
13. TIMING OF REHABILITATION
i The applicant shall provide full buffer improvements and side
slope rehabilitation within two (2) years of completion of the
mining activity in accordance with the approved Department of
Natural Resources Rehabilitation Plan.
•14. UTILITY RELOCATIONS
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A. The Applicant shall give the General Telephone Company 90
days notice prior to excavation of Upper Ridge Road in order
to allow that company to relocate its facilities.
I, B. The Applicant shall coordinate with PUD #1 to minimize any
disruption of services caused by relocation of power lines
currently on the Upper Ridge right-of-way which will dead
!I end at the southern edge of the Applicant's property. A new
east/west street will be constructed through the Applicant's
ii property as shown on Exhibit 9. Part of the coordination
with PUD #1 will include adequate notice of any excavation
of the Upper Ridge Road.
15. LEGAL REQUIREMENTS
The Owners, and their successors, tenants and assigns, shall
comply with all City, State, and Federal laws and regulations
II applicable to the development, sale and maintenance of the subject
property, and nothing herein shall be construed as superseding
said laws and regulations.
i 16. CHANGES DURING CONSTRUCTION
The Owners agree that all layout, development, and maintenance
shall be per this Agreement and the approved site plan. However,
should any Owner desire to make any changes during construction in
the approved site plan or terms of this Agreement, specifically
regarding landscaping and signage, said Owner shall bring this to
the immediate attention of the City's Planning Director or City
H CONCOMITANT AGREEMENT - 5
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;i Engineer. If, after reviewing a detailed site plan, the Planning
d Director or City Engineer determine that the change proposed is
not substantial, (meaning a change of 10% or less), the Planning
' Director or City Engineer may authorize the change. However, if
in the opinion of the Planning Director or City Engineer the
j requested change is a substantial change, the Owner shall be
Oequired to go to the Hearing Examiner to seek authorization for
II the proposed change. The Planning Director's or City Engineer's
Iruling may be appealed to the Hearing Examiner. In any event, any
I time a change results in a substantial change to the terms or
11 requirements of this Agreement, this Agreement must be amended by
'1 written amendments hereto duly executed by the Owner and the
. 1 City's Mayor.
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i 17. RECORDING
This Agreement shall be filed in the records of the Snohomish
County Auditor for the purpose of subjecting the property to the
L restrictions, conditions and limitations herein set forth which
are intended and shall have the force and effect of deed
restrictions and shall be deemed to be covenants running with the
; land and binding upon the Owners, their successors, tenants and
assigns.
18. ENFORCEMENT 1
A. Any violation of this Agreement by the Owners, their
�! successors, tenants or assigns, shall be considered a
violation of the Zoning Code of the City of Everett and
shall be subject to all applicable penalties. Provided,
that no personal liability shall accrue against any party
I1 hereto, except for a violation specifically affecting
property owned by such party. The personal liability of any
party shall terminate upon the sale of its equitable
iJ interest in the property to another party.
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B. Any building or structure set up, erected, built, moved or
maintained, or any use of property contrary to the
Iprovisions of this Agreement, shall be and the same is
;I hereby declared to be a public nuisance.
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C. The City is hereby authorized to apply to any court of
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competent jurisdiction for and such court, upon hearing and
H for cause shown, may grant a preliminary, temporary or
permanent injunction restraining any person, firm and/or
d corporation from violating any of the provisions of this
Agreement, and compelling compliance with the provisions
H thereof.
D. The penalty and enforcement provisions provided herein shall
.; not be exclusive and the City may pursue any action, remedy
or relief it deems appropriate.
.I 19. CONSTRUCTION OF AGREEMENT
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;i This Agreement is concomitant with the action of the City of
Everett zoning the property to the C-2 classification as shown on
'i the 19th Avenue S.E. Plan referred to herein. Nothing herein
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shall be construed as being agreed to in consideration for said
zoning, nor does the City relinquish its legislative power with
11 respect to said zoning in consideration for this Agreement.
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20. NON-WAIVER
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' . The waiver by any 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.
i21 . EFFECTIVE DATE
This Agreement shall become effective only upon the occurrence of
all of the following:
1) The zoning ordinance affecting the subject property
becoming effective;
2) Tne property owner(s) identified herein have executed
this Agreement and submitted it to the City within
thirty days of the date tof passage of the subject
zoning ordinance affecting the subject property; and
3) The City has executed this Agreement.
IN WITNESS WHEREOF, the Owner has caused these presents to be
executed in their name and the City of Everett has caused the same to be
duly executed by its Mayor, the date and year first above written.
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OWNERS
4,e_clei:,,cery,g).1,74,67.4..._.
/7 .
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Richard Norman
Associated Sand and Gravel
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i CONCOMITANT AGREEMENT - 7
85050700 ? `
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VOL 1898 PAGE 0984
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II CITY OF EVERETT
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WILLIAM E. MOORE, Mayor
ATTEST:
,1/6e4C-f-44-1J J2' 7
i! ELAINE MOSCHILL
!I City Clerk
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I STATE OF WASHINGTON)
jl ) ss.
COUNTY OF SNOHOMISH)
On this day of /)/,,)iy , 19S% ; before me, the
1 undersigned, a Notary Public in and for the State of Washington, duly
commissioned and sworn, personally appeared WILLIAM E. MOORE and ELAINE
II MOSCHILLI, to me known to be the Mayor and City Clerk, respectively, of
the City of Everett, and who executed the within and 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
;j mentioned, and on oath stated that they are authorized to execute the
'{ said instrument.
/NOTARY PUBLIC in and for the State of
`- ashingpn, residing
!I at l. c. c--�e_
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LEGAL DESCRIPTION
ASSOCIATED SAND AND GRAVEL COMPANY, INC.
REZONE APPLICATION
II Those portions of the plat of Beverly Acreage Tracts, according to
the plat thereof recorded in Volume 10 of Plats, page 50, records
of Smohomish County, Washington, defined as follows:
The East 230 feet of Lots 49 and 50, containing 2.96 acres.
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CONCOMITANT AGREEMENT - 9
1272G
05050700 7
VOL 18 8 PAGE 098g