HomeMy WebLinkAbout3050
ORDINANCE N0. 3 0 5 p
AN ORDINANCE OF THE CITY OF AUBURN, WASHINGTON, PROVIDING FOR THE REZONING
OF A PARCEL OF LAND LOCATED AT THE SOUTHWEST CORNER OF 31ST
~ AND "R" STREET SOUTHEAST, SITUATE IN THE CITY OF AUBURN,
%.0 WASHINGTON, CHANGING THE ZONING CLASSIFICATION THEREOF FROM
v SPECIAL PROPERTY USE PERMIT TO R-4.
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~ WHEREAS, a petition has been submitted to the Council of the City of
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~ Auburn, by LORAN W. DAVIS, requesting the rezoning of the real property hereinafter
described in Section 1 of this Ordinance, which petition was dated October 21, 1975;
and
WHEREAS, said request above referred to, was referred to the Planning
Commission by the Auburn City Council for study and public hearing thereon; and
WHEREAS, the Planning Commission held a public hearing to consider said
petition in the City Hall of the City of Auburn at 8:00 P.M. on December 2, 1975,
at the conclusion of which the Commission recommended the approval of the rezoning
of said property; and
WHEREAS, the City Council of the City of Auburn held a public hearing in
the City Hall of the City of Auburn, at 8:00 P.M. nn February 2, 1976, at whicM
time the City Council concurred with the recommendations of the Planning Commission
as hereinabove stated;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, DO ORDAIN AS
FOLLOWS:
Section 1. That the following described praperty located on a parcel of
land located at the Southwest corner of "R" and 31st Street Southeast, situated
in the City of Auburn, County of King, State of Washington, be and the same is
hereby rezoned from Special Property Use Permit to R-4 (Multi-family), to-wit:
The East 160 feet of the South 1/2 of the North 1/2 of the
South 1J2 of the South East 1/4 of the North East 1!4 less
street. Situated in Section 30, Township 21 North, Range
5, EWM, City of Auburn, County of King, State of Washington.
2-9-76
Page One
Ordinance No. 3050
Section 2. That the amendment to the ~:bf the
City of Auburn, Washington, encompassing this zoning use classification change,
which amendment is designated as,~~ 06-111-'4hereof, be and the same is hereby
approved.
~ Section 3. That a separate agreement be submitted as part of the plot
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~ plans and running with the land to assure the City and adjacent prnperty owners
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that certain restrictions be accomplished as recommended by the Planning Commission.
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~ Section 4. That the City Clerk of the City of Auburn, Washington, is
hereby authorized and directed to file a certified copy of this Ordinance with
the King County Auditor's Office.
Section 5. That this Ordinance shall take effect and be in force five
(5) days from and after its passage, approval and publication, as provided by law.
INTRODUCED: FEBRUARY 17, 1976
PASSED: FEBRUARY 17, 1976
APPROVED: FEBRUARY 17, 1976
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,-~TTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
PUBLISHED: FEBRUARY 27, 1976
2-9-76
Page Two & Last
Ordinance No. 3050
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A G R E E M E N T
THIS AGREEMENT, made and executed this 24th day of February , 1976,
by and between the CITY OF AUBURN, a municipal corporation, hereinafter called
"CITY" and LORAN W. DAVIS, hereinafter called "OWNER".
~ WITNESSETH: That
~
c~ WHEREAS, it is proposed to request the Mayor and City Council of City to
~ rezone from Special Property Use Permit to R-4 (Multi-family) the real property
hereinafter legally described in Section 1 of this Agreement; and,
WHEREAS, it is believed that the rezoning of said area as above described
will be in the public interest, welfare and convenience of the City of Auburn,
provided that the covenants and agreements as hereinafter specified are complied
with;
NOW, THEREFORE, THIS AGREEMENT WITNESSETH THAT FOR AND IN CONSIDERATION OF
THE MAYOR AND CITY COUNCIL OF CITY PASSING AN ORDINANCE CHANGING THE ZONING
CLASSIFICATION OF SAID PROPERTY HEREINAFTER DESCRIBED FROM SPECIAL PROPERTY
USE PERMIT TO R-4, AND THE MUTUAL BENEFITS TO EACH OF THE PARTIES HERETO, THE
PARTIES, THEIR RESPECTIVE SUCCESSORS AND ASSIGNS DO HEREBY COVENANT AND AGREE
AS FOLLOWS:
Section 1. City agrees to rezone from Special Property Use Permit to R-4,
at the request of Owner, the following legally described property, to-wit:
The East 160 feet of the South 1/2 of the North 1/2 of the
South 1/2 of the Southeast 1/4 of the Northeast 1/4 LESS
street, situate in the City of Auburn, County of King,
State of Washington, situated in Section 30, Township 21
North, Range 5 E.W.M.
Section 2. The owner agrees that the density be restricted to eight (8)
living units.
Section 3. The owner agrees that the buildings have a minimum setback on
31st Street Southeast of twenty (20) feet and on R Street Southeast of fifteen
(15) feet.
Page One
Agreement/Davis
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Section 4. The Owner agrees that two story construction on the above
described property be restricted to townhouses (living units first floor, sleeping
area second floor).
Section 5. The owner agrees if townhouse (two story) construction on the
above described property is used there shall be planted and maintained a 15 foot
green belt along the west property line and a 10 foot greenbelt along the south
property 1 i ne.
~ Section 6. It is further understood and agreed that the provisions of this
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~ Agreement shall be binding upon and enforceable against Owner, his successors,
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assigns and all subsequent Owners, their respective heirs, successors or assigns
of the property herein described.
Section 7. Owner, his successors and assigns further agree to comply
with all applicable, rules, regulations, ordinances and laws of the City relative
to development of the above described property.
Section 8. It is further agreed by Owner, his successors and assigns,
and all other subsequent Owners, their respective heirs, successors or assigns,
that should it be necessary for City to enforce any of the hereinabove designated
provisions and special conditions as outlined in Section 2 through 7, the Owner,
his successors and assigns hereby covenant and agree to pay City all reasonable
attorney fees and costs, as well as any other costs incurred by the City to
enforce the said special conditions of this Agreement.
Section 9. That an executed copy of this Agreement shall be recorded among
the land records of the King County Auditor.
IN WITNESS WHEREOF, the parties to this Agreement have caused these
presents as executed the day and year aforesaid.
CITY OF AUBURN
. AYOR
EST:
City Cler
Page Two
Agreement/Davis
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OWNER:
~
R N W. VIS
STATE OF WASHINGTON)
)ss
COUNTY OF KING )
~ On this 24th day of February , 1976, before me, the undersigned, a
Notary Public in and for the State of Washington, duly comnissioned and sworn,
N
Q personally appeared STANLEY P. KERSEY and DAWN L. HODSON, to me known to be the
r0.. Mayor and City Clerk respectively of the City of Auburn, a municipal corporation,
and the corporation that executed the foregoing instrument, and acknowledged
that the said instrument to be the free and voluntary act and deed of said
corporatiofl; for the uses and purposes therein mentioned, and on oath stated
that they are authorized and directed to execute the said instrument and that
the seal affi xed i s the corporate seal of sai d corporati on . 4~''
. .
WIfiNESS my hand and official seal hereto affixed the day and year`'fiAt%'~-'._
.
above wa^itten.
Notary Publ i c i n an or t e t ta e;. afi` ,
Washington, residing at Enumclaw.
STATE OF WASHINGTON)
)ss
COUNTY OF KING )
On this 14&. day of , 1976, before me, the undersigned, a
Notary Public in and for the State of Washington, personally appeared LORAN W.
DAVIS, and acknowledged that the said instrument to be the free and voluntary act
and deed of said LORAN W. DAVIS, for the uses and purposes therein mentioned, and
on oath stated that he is the Owner of the above described property.
WITNESS my hand and official seal hereto affixed the day and year first
-~ap~oqe;wri tten.
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No ry u 1 i i n and for the tte
of Was ington, residing at
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Page Three & Last
Agreement/Davis
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AREA CODE: 31 APPLICATION NO.: 27_75
APPLICANT: Loran W. Dav1s DATE REC'D: 10-21-75
LOCATION: $W Corner of R& 31st St, SE
REQUEST: SPU to R-4
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STATE OF WA5HINGTON )
) Ss.
COUNTY OF KING )
I, Dawn L. Hodson, the dulg appointed, qualified and acting City C1erk of
the City of Auburn, a Municipal Corporation and Code Ci ty, situate in the County
of King, State of Washington, do hereby certify that the foregoing is a fu11,
true and correct copy of Ordinance No. 3050 of the ordinances of the City of
Auburn, entitled "AN ORDINANCE OF THE CITY OF AUBURN, WASHINGTON, PROVIDING FOR
THE REZONING OF A PARCEL OF LAND LOCATED AT THE 50UTHWEST CORNER OF 315T AND
"R" STREET 50UTHEAST, SITUATE IN THE CITY OF AUBURN, WASHINGTON, CHANGING THE
ZONING CLASSIF7CATION THEREOF FROM SPECIAL PROPERTY USE PERMIT TO R-4."
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;I further certify that said Ordinance No. 3050 was
.1 ~ass~~d;r'by';the
~ ~ . ~ „
Counci 1 and approved by the Mayor of the sai d Ci ty of rsr' and, _p62?21shed as
provided dy law in the Auburn G1obe-News, a weekly necf~"~rr~per u~il3shed, in the
City of Avburn, and of general circulation therein, on` th~ ~+c~~y°~•
February , A.D., 1976. -~+,r j V y r 4 ,i
WITNESS my liand and the officia.Z seal of the Ci ty d~ *,4uburn, this" 24th
day af February , A.D., 1976
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CITY CLER OF THE CITY OF AUBURN