ORDINANCE NO. /& Z,3. WHEREAS, the Planning Policy Commission at a public. hearing considered the following amendments to the official

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1 .. 1.:3 WDT : j t 6/27/84 ORDINANCE NO. /& Z,3 AN ORDINANCE OF THE CITY OF ISSAQUAH, WASHING- TON, AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF ISSAQUAH TO CHANGE THE ZONING DESIGNA- TION ON CERTAIN REAL PROPERTY COMMONLY KNOWN AS THE JOHNSON REZONE, FILE NO. RZ-83-0l-B FROM BC (COMMUNITY BUSINESS) TO BC WITH LIMITATIONS IMPOSED BY A PROPERTY USE AND DEVELOPMENT AGREEMENT: AUTHORIZING EXECUTION OF A CONCOMITANT ZONING AGREEMENT AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the Planning Plicy Cmmissin at a public hearing cnsidered the fllwing amendments t the fficial zning map and the cncmitant zning agreement and made their findings and recmmendatins which were frwarded t the City Cuncil, and WHEREAS, the City Cuncil at a public meeting reviewed the recmmendatins f the Planning Plicy Cmmissin and determined that the prpsed rezne RZ-83-0l-B shuld be apprved, nw, therefre, THE CITY COUNCIL OF THE CITY OF ISSAQUAH, WASHINGTON, DO ORDAIN AS FOLLOWS: Sectin l. The fficial zning map f the City f Issaquah is hereby amended by changing the zning classificatin f certain prperty hereinafter described frm BC (Cmmunity Business) t BC limited by a prperty use and develpment agreement. The legal descriptin f the prperty rezned is set frth in Exhibit A attached heret and incrprated herein by this reference as if set frth in 'full.

2 .. Sectin 2. The Planning Directr is hereby instructed t effectuate the necessary amendments t the fficial zning map f the City f Issaquah pursuant t this rdinance. Sectin 3. The Mayr is hereby authrized t execute and the City Clerk t attest t that certain dcument entitled "Prperty Use and Develpment Agreement". The City Clerk is further directed t recrd said Agreement with the King Cunty Recrder as a cvenant running with the land. The cst f said recrdatin shall be paid by the wners. Sectin 4. This rdinance shall be in full frce and effect five (5) days after passage and publicatin by psting as prvided by law. the Passed by A. ). - day f the City Cuncil f the City f Issaquah, J ' Apprved by the Mayr f the City f Issaquah the eja day f l/q. ' ATTEST AUTHENTICATED: L NDA RUEHLE, CITY CLERK APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: BY e,... "nt, - 2 -

3 .. FILED WITH THE CITY CLERK: June 28, 1984 PASSED BY THE CITY COUNCIL: POSTED: EFFECTIVE DATE: ORDINANCE NO. 1 ;?3-3 -

4 .. EXHIBIT A Suth 120 ft. f east 190 ft. f west ft. f that prtin f SW 1/4 f SW 1/4 lying easterly f Nrthern Pacific r--w and nrtherly f Cunty Rd. Sunset Way, as measured alng the nrtherly margin f said rad and at right angles theret.

5 l' a: - -: u. :z v' cd 00 :... z-:,. r: : c: -\-JZ QC' " l. ff)_.:.:.. N -;'-:C".;PROPERTY USE AND DEVELOPMENT AGREEMENT 0... c. 'C.; - - j(.) -- "..b When recrded, return t: City Clerk.f Issaquah x 1307 Issaquah, WA r: ;: Š;2, WiiRE'AS, the City f Issaquah, Washingtn, hereafter referred t as ;' ::... "City," a nn-(iharter, ptinal municipal cde city under the laws f the State., ai, Washingtn has authrity t enact laws and enter int agreements t prmte the health, safety and welfare f its citizens and thereby cntrl the use and develpment f prperty within its jurisdictin, and 84/08/ RECD F 8.00 CRSHSL **** WHEREAS, Jerme M. Jhnsn, as his separate prperty, Mrse K. Jhnsn, a single persn, and Anne J. Dumett, a single persn, hereafter referred t as "Owners, " are wners f certain real prperty (hereafter "Prperty") lcated within the City which is the subject f this agreement and which is legally described n Exhibit "A," attached heret and incrprated herein by this reference as if set frth in full, and E WHEREAS, the City has, pursuant t rezne applicatin N. RZ-83-01, cnsidered the pssibility f rezning Owners' prperty n which the pst ffice is presently lcated, and WHEREAS, the City has expressed cncerns that the prperty, which is presently zned cmmunity business (BC), may be put t uses which are incmpatible. with thse currently n the adjining prperties but which uses are permitted in the BC zne, and WHEREAS, Owners, having n present intentin f changing the use f the Prperty frm its present pst ffice use, and having cntested the zning change prpsed by the City, are desirus f relieving the City f cncerns

6 '... that the current use f the prperty may be replaced by incmpatible uses and are vluntarily agreeing t the cnditins set frth herein, nw, therefre, in cnsideratin f the mutual benefis t the City and the Owners, fr s lng as the prperty described herein is classified Cmmunity Business (BC) the parties agree as fllws: i. In rder t assure that uses which culd be incmpatible with the r- Ç(.. Ç( uses currently surrunding the Prperty are nt placed theren, Owners agree that they wil nt use r permit the use f the Prperty fr the fllwing utright and cnditinal principal uses (as nw r hereafter defined in the Issaquah Municipal Cde) which are therwise currently permitted in the BC zne: (a) Biliard and pl halls;. (b) Taverns, with r withut live entertainment; (c). Gaming arcades; (d) Helistps. 2. Nthing herein shall be deemed t restrict the authrity f the City t exercise its plice pwers, including, but nt limited t the pwer t prpse and/r cnsider rezning f the Prperty and/r amending the Zning Cde pursuant t state law and City rdinance after having prvided the Owners with ntice f any such prpsed rezne r amendment t the Zning Cde. Further, nthing herein shall be deemed t prhibit Owners frm applying fr a rezne f the Prperty r an amendment f the Zning Cde that wuld apply t the Prperty. 2

7 .. 3. In additin t any ther remedy prvided by law, the City r the Owners may, at their discretin, maintain a lawsuit t cmpel specific perfrmance f the terms and cnditins f this agreement r t therwise enfrce its prvisins thrugh injunctive r ther relief. The prevailing party in such an actin shall be entitled t recver all csts theref, including reasnable attrney's fees. : : : rr Q 'l C 4. This Agreement shall be fied fr recrd with the King Cunty Recrder's Offce and shall be a cvenant running with the land described n Exhibit A and shall be binding upn the Owners, their successrs in interest and assigns. 5. In the event any sectin, paragraph, sentence, term r clause f this Agreement cnflcts with applicable law r is fund by any curt having jurisdictin t be cntrary t law, such cnflct shall nt effect ther sectins, paragraphs, sentences, terms r clauses f this Agreement which can be given effect withut the cnflcting prvisin and t this end the terms f this Agreement shall be deemed t be severable; Prvided, hwever, in the event any sectin, paragraph, sentence, term r clause f this Agreement is fund t cnflct with applicable law, the City r the Owners shall have the right t bring the zning r any prpsed new develpment n the Prperty befre the City Cuncil fr further review and impsitin f apprpriate cnditins t assure that the purpses fr which this Agreement is entered int are in fact accmplished. 3

8 .. A DATED this day f 97-, OWNERS: i' '1 IX IX Attest: BY ty C er in a Ruehle Apprved as t Frm: OFFICE OF THE CITY ATTORNEY By tr ønu '. Ol.. Wã D. Tâna a STATE OF WASHINGTON) ) ss. COUNTY OF KING ) On this day persnally appeared befre me' JEROME JOHNSON, t me knwn t be the individual described in and wh executed the freging instrument, and acknwledged that he signed the same as his free and vluntary act and deed, fr the uses and purpses therein mentined; / GIVEN under my hand and ffcial seal thisa day f /;47t7/ 1984.

9 .... 1" 'l Mø ø STATE OF WASHINGTON) ) ss. COUNTY OF KING ) On this day persnally appeared befre me MORSE K. JOHNSON, t me knwn t be the individual described in and wh executed the freging instrument, and acknwledged that he signed the same as his free and vluntary act and deed, fr the uses and purpses therein mentined. GIVEN under my hand and ffcial seal this Æ ay f ßiØ??q STATE OF WASHINGTON) ) ss. COUNTY OF KING ) On this day persnally appeared befre me ANNE J. DUMETT." t9.\ llè knwn t be the individual described in and wh executed the fregihg instrument, and acknwledged that she signed the same as her free-and 'vluntary act and deed, fr the uses and purpses therein,ntined. ::':' Washingtn, GIVEN under my hand and ffcial seal thia2 i day f ßA(?/- 'J),n STATE OF WASHINGTON) ) ss. COUNTY OF KING ) On this.;rr day f ' 1984, befre me, the undersigned, a Ntary Public -i and fr t ate f Washingtn, duly cmmissined and swrn, persnally appeared. J. CULVER and LINDA RUEHLE, t me knwn t be the Mayr and City Clerk f the CITY OF ISSAQUAH, Washingtn, the municipal crpratin that executed the freging instrument, and acknwledged the said instrument t be the free and vluntary act and deed f said municipal crpratin, fr the uses and purpses therein mentined, and n ath stated that they were authrized t execute said instrument and that the seal affxed is the ffcial seal f said municipal crpratin. IN WITNESS WHEREOF, I have hereunt set my hand and affxed. my,,'. ffcial seal the day and year first abve written. '., " '" '. 6SRA/Z 5

10 ....,.... EXH I BIT A Suth 120 ft. f east 190 ft. f west ft. f that prtin f SW 1/4 f SW 1/4 lying easterly f Nrthern Pacific r--w and nrtherly f Cunty Rd. Sunset Way, as measured alng the nrtherly margin f said rad and at right angj'es theret..- CC CC

11 ... CITY OF ISSAqUAH AFFIDAVIT STATE OF WASHINGTON) ) ss CITY OF ISSAQUAH ) Dnnalee Pickrel, being first duly swrn n ath, depses and says: that I am a citizen f the United States f America, ver the age f 21 years; that I am cmpetent t be a witness herein; that I am nt interested in the prpsal described in the attached ntice; that n the 3rd day f July, 1984, I psted said ntice by securely fastening the Same in cnspicuus places as listed belw, a true cpy f which ntice is heet attached and made a part heref, t wit: Ordi nance Pst Office LiLrary City Hall 6. L11H;/ Affiant Subscibed and swrn t befre me this 3rd day f July 19. '0,"", "0,,"e Washingtn, residing at Issaquah f

12 ... r ( N. I'lr-l()7 Affidvit f Publicatin STATE OF WASHINGTON ì COUNTY OF KING f SS. -.-_...- IIf... PUBLIC NOTICE NO NnCE OF ORDINANCE PASSED BY ISSAOUAH CITY CITY COUNCIL The fllwing Is the title f the OrdInance passed by the Issaquah CIty Cuncil n 7-2-8: Ordinance N AN ORDINANCE OF THE CIT OF ISSAOUAH. WASHINGTON, AMEN. DING THE OFFICIAL ZONING MAF OF THE CIT OF ISSAOUAH TC CHANGE THE ZONING DESIGNA. non ON CERTAIN REAL PROPER. TY COMMONLY KNOWN AS THE JOHNSON REZONE. FILE NO. RZ.B FROM BC (COMMUNIn BUSINESS) TO BC WITH LIMITA nons IMPOEO BY A PROPERT. USE ANlJ DEVELOPMENT AGREE MENT; AUTHORIZING EXECUTION OF A CONCOMITANT ZONING AGREEMENT AND ESTABLISHING AN EFFECT1VE DATE. (Effective data: 7-9) A cpy 01 the cmplete text f each Ordinance Is psted at IS88- quah City Hall, 130 E. Sunset Way (Mn.Frt.. 9- PM); Issaquah Pat OffIce. 150 E. Sunset Way; and IS8aquah Public library, 140 E. Sunset Way. Unless therwise specified. the date f psting ahall be cnsidered BS the date f publicatin and Buch Ordinances shall becme effective live (5) days after psting. Linda Ruehle. City Clerk Publl u. Ih.. I._fti.ø.h RrAAJ 7- Ii Narin J. Byden being!jis\ d.ily..,wrn, n ath depses and says that he is the i;niel C.LerK f THE ISSAQUAH PRESS, a weekly newspaper. That said newspaper is a legal newspaper f general circulatin and it is nw and has been fr mre than six mnths prir t the date f publicatin hereinafter referred t, published in the English language cntinuusly as a weekly newspaper in Issaquah. King Cunty, Washingtn, and it is nw and during all f said time was printed in an ffice maintained at the afresaid place f publicatin f said newspaper. That the said THE ISSAQUAH PRESS was n the First day f January, i 90, apprved as a legal newspape by the Superir Curt f said King Cunty. That the annexed is a true cpy f a Ntice f Ordin"nces Passed by City Cuncil: #1621 as it was published in regular issues (and nt in supplement frm) f said newspaper nce each wpek fr a perid f ne (-1) cnsecutive week cmmencing n the 11 th day f.tllly, 19RL and ending n the 11th day f.tlll y, 19f1l,. bth dates inclusive and that said newspaper was regularly distributed t its subscribers during all f said perid. That the full amunt f the fee charged fr the freging publicatin is the sum f $ 19.',(), which amunt has been paid in full, at the rale f$..fl5, per clumn inch fr the first insertin, and $ per clumn inch fr each subsequent insertin. 16t.h day f July i / ;/ /ßu_J't ()J/J1d_L THE ISSQUAH PRESS ISSAQUAH, WAS

13 AQUAH DISTRIBUTION SCH Ordinance N. / i..: Subject: D f Reslutin N. v"submi tted t Ci ty Clerk n: (plæ/i-.. passed by City Cuncil n: 7/z.'l signed by Mayr signed by Cuncil President signed by Ci ty Clerk./ psted n: ')- Lt9 effecti ve date: ')- Cj 5' Ý- Distribute executed cpies as fllws: rdinance/reslutin fileigj1 1 COpy t MR&SC (35A l 3 cpies fr psting -l Bui Iding Department Ci ty Attrney Finance Di rectr Fi re Department Parks Department -i Planning Department Pl ice Department Publi c Wrks Department -l Bk Publ i shing Cmpany ( general) (-l spec ial) IIMC -L0ther: - Affidavi t f Pster t Ci ty Clerk file (attach t riginal Ordinance) Certi fied Cpies c cc: Ci ty Attrney Î- 3-Jl (date)