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FSRSUP.787
Substitute Ordinance 7 -15 -87
INTRODUCED BY: CONSENT
PROPOSED BY: County Executive
DATE: July 16, 1987
ORDINANCE NO. 87 -44
AN ORDINANCE TO REVISE
THE 1987 FEDERAL SHARED
REVENUE FUND APPROPRIATION
WHEREAS, the federal revenue sharing program ended on September
30, 1986; and,
WHEREAS, the local governments that received revenue sharing funds
are required to obligate or expend all funds received before
September 30, 1987; and,
WHEREAS, the Federal Shared Revenue Fund has an unobligated
balance that must be appropriated or revert to the federal
government; and,
WHEREAS, Courthouse air quality improvements, other improvements
and an outstanding old bill to building maintenance must be
provided for;
NOW, THEREFORE, BE IT ORDAINED the 1987 Federal Shared Revenue
Fund is hereby revised as follows:
Resources:
19900 - 291.80.00 Estimated Ending Fund Balance $33,075
Budget Plan Enhancements:
19980-594.19.62 Courthouse Improvements $9,611
19975 - 587.00.01 Resid. Eq. Trans. /Physical Plant 18,610
19975 - 587.00.02 Resid. Eq. Trans. /Bldg. Maint. 4,854
Total Enhancements $33,075
BE IT FURTHER ORDAINED, Ordinance 86 -89 is hereby revised by in-
creasing the appropriation authority of Federal Shared Revenue
Fund by $33,075.
APPROVED this 6th day of AUGUST , 1987.
WHATCOM COUNTY COUNCIL
ATTEST: WHATCOM COUNTY, WASHINGTON
&M,6 / %C_ Ae?� ._
CAROL EBERGSON TH9MAS BURTON
CLERK OF THE COUNCIL CHAIRMAN
APPROVED AS TO FORM: ( ) APPROVED ( ) VETOED
U_� 6Z-
RANDALL J. WATTS R. W. "Bob" Muenscher
Civil Deputy Prosecuting County Executive pro -Tem
Attorney
Published on 7/22 & 8/12/87. 8/7/87
Date Signed by Executive
Ordinance becomes effective 8/17/87
ORDINANCE.
STEVEN, P. ADEL.STEIN
PHILIP E. SHARPE, JR.
PHILIP A. SERKA
WILLIAM H. JOHNSON
LAW OFFICES OF
ADELSTEIN, SHARPIE & SERKA
400 NORTH COMMERCIAL STREET
P. 0. BOX 5158
BELLINGHAM, WASHINGTON 98227 -5158
September 17, 1991
DAVID S. MC EACHRAN
Prosecuting Attorney
Mr. Randy Watts
SEP 1 $ ?991
Deputy Prosecutor
Whatcom county
311 Grand Avenue
Bellingham, WA 98225
Bellingham,
9 am, Wash.
Re: Bouma Contract Rezone
Dear Randy:
TELEPHONE
(2061 671 -6565
COUNTY TELEPHONE
354 -4782
FAX: (206) 647 -8148
On August 8, 1987, the County Council adopted Rezone Ordinance No. 87 -45 which is
enclosed herein. It does not become effective until the Concomitant Agreement is signed.
I have enclosed the original Concomitant Agreement signed by my clients. This agreement ;
was prepared by the county and forwarded to my clients for signing in 1987, but was
misplaced.
I have advised my clients to complete this transaction so that the rezone can go into effect.
Please note that there was no deadline imposed on my clients for signing the contract.
I would appreciate if you would sign and circulate the agreement to the various agencies
for signature.
Thank you for your cooperation and assistance in this matter.
Ve trot ours,
ip A. Ser
jb
Enclosures
cc: Otto Bouma
c:2 /letters /watts
AT— CHMENT TO 0' .:NZ ^ E NO. 87-45
CONCOMITANT AGREEMENT
THIS IS AN AGREEMENT made and entered into by and between the undersigned
owners of a certain parcel of property located in Whatcom County (hereinafter
called "Owners ") and Whatcom County, a municipal corporation (hereinafter called
"the County "):
WITNESSETH:
I. WHEREAS, the undersigned parties designated "Owners" are the owners of
that certain parcel of real property (hereinafter called the "subject property ")
located in Whatcom County which parcel is more fully described in Exhibit A
attached hereto and which parcel is shown on the map attached hereto as Exhibit
B; and
II. WHEREAS, Owners have applied for a Comprehensive Plan Map amendment
from Urban Reserve, Low Density to General Commercial; an amendment to the Urban
Fringe Subarea Comprehensive Plan text to specify that the General Commercial
designation be applied to the subject property; and a zone map amendment from
Urban Residential, three dwelling units per acre to General Commercial and the
Planning Commission has recommended in favor of said amendments with conditions;
and
III. WHEREAS, Owners have offered to tender to the County this contract
respecting the development of the subject property, the covenants of this
contract are intended to constitute a basis for rezoning the property as
specified above and are intended to be in effect from-the effective date of such
rezoning;
NOW, THEREFORE, in the event the Whatcom County Council finds that
reclassification of the subject property as specified above is in the public
health, safety and general welfare, and in consideration of the County Council's
changing the classification of the subject property to General Commercial and
other good and valuable consideration, and for so long as the subject property
remains so classified, Owners hereby agree to the following covenants and
conditions on behalf of themselves and their successors and assigns:
1. The following specific conditions are intendc-;A to supplement the
general developmental and landscape conditions contained in.the General
Commercial zone, WCC 20.62 and in the Supplementary Requirements, WCC
20.80. Where in conflict, these conditions and restrictions shall
control.
2. Owners agree to restrict commercial uses that apply to the subject
property to the following uses:
Permitted Uses
(a) Eating and drinking establishments.
(b) Indoor commercial recreation facilities limited to bowling alleys,
skating rinks, indoor theaters and physical fitness facilities.
(c) Service establishments including but not limited to barber and
beauty shops, laundries, dry cleaners, furniture repair, frozen
food lockers, financial institutions, fraternal organizations and
professional offices.
(d) Retail establishments including but not limited to grocery,
liquor, drugs, sundries, variety, building supplies, clothing,
florist, nurseries, optical, sporting goods, appliance and music
stores.
(e) Printing and publishing establishments
(f) Public Facilities and utilities
Conditional Uses
(a) Commercial wholesaling
(b) Churches
Prohibited Uses
(a) Funeral parlors
(b) Animal hospitals
(c) Auction houses
(d) Pet stores
(e) Automobile, marine, farm implement sales and service; including
all repair services conducted within an enclosed building
(f) Automobile service stations, car washes and public `garages
(g) Mobile home sales
(h) Rental agencies
(i) Passenger terminal facilities
J (j) All other uses
3. Owners agree that in addition to the standard development restrictions
and performance standards outlined in the General Commercial zone, WCC
20.62, and in the Supplementary Requirements, WCC 20.80, the following
developmental and landscape conditions shall apply to the development
of the subject property:
(a) Setbacks. No structure shall be built within 75 feet of the west
line of the Deemer Road right -of -way or north line of the
Telegraph Road right -of -way. Except for the berm, landscaping and
access road, no development shall take place within 35 feet of the
north line of the Telegraph Road right -of -way and the west line of
the Deemer Road right -of -way. In addition, only a service road
will be allowed within the 40 feet between the structures and the
buffer.
(b) Berm. There shall be constructed a buffer which shall be at least
30 feet in width and shall have a berm of at least 10 feet in
height above the driveway on the property currently owned by
Dorothy and George Oliveira (measured at the existing mailbox) or
,finished grade of the subject property, whichever is greater. The
berm shall be parallel to Deemer Road and shall be constructed as
close to the road as is 'practical. The berm shall run from the
north property line along Deemer Road and shall be extended to the
south as far as is practical. From it southernmost point, the
berm shall then be constructed parallel to Telegraph Road and as
near to the Telegraph Road right -of -way as is practical to a point
75 feet west of the west line of the Deemer Road right -of -way. The
buffer would be developed and the berm . installed before any
structure is occupied.
(c) Landscaping. The berm shall be landscaped consistent with the
standards set forth in Whatcom County Code 20.80.600 and in
addition shall be planted with pine trees, each at least 10 feet
tall, planted in a double row at the highest point on the berm.
The trees shall be located no more than 10 feet apart and shall be
staggered and offset so as to make an effective visual screen.
Development of the property shall take into consideration existing
evergreen trees in where practical such trees will be retained.
(d) Access. The subject property shall have no access, for the
purpose of ingress and egress, to either Deemer or Telegraph Road
except for one access point to be located within the westerly 60
feet of the subject property, which access shall be to Telegraph
Road.
(e) Lighting. All exterior lighting shall be designed to direct light
toward the interior of the subject property and shall be a
nonglare type of lighting.
(f) Road closure. The owner of the subject property, his successors,
assigns or tenants shall not object to a future closure of
Telegraph Road east of the Telegraph Road access to the subject
property as described in paragraph (d) above.
(g) ULID's. The owner of the subject property shall not make
application for an LID that would include within its boundaries
any properties east of Deemer Road or south of Telegraph Road.
(h) Height limit. The maximum height of structures located on the
subject property shall be 30 feet.
4. Restrictive Covenant. To insure that the terms and conditions set
forth in this document are binding upon future owners, an agreement
which shall be concomitant with the rezone requested shall be entered
into between the county and the developer. Said agreement shall become
a restrictive covenant running with the land; shall be binding upon
Owners, their heirs, successors and assigns; shall be recorded at
Owners' expense in the Whatcom County Auditor's office; and may be
enforced civilly by the County or by owners of property within 300 feet
of the subject property.
0. Amendments or modifications. Any amendments or modifications of this
agreement shall be valid only _if agreed upon by the Whatcom County
Council following a public hearing and after being reduced to writing
and recorded in the Whatcom County Auditor's office.
6. Police Powers. Nothing contained in this agreement shall be construed
to restrict the authority of the County to exercise its police powers
nor to prevent the County from initiating a zoning change in accordance
with applicable ordinances and regulations.
7. Basis for compromise. The owners of residential property located to
the east and south of the subject property believe that a properly
conditioned and developed commercial zone is a more appropriate buffer
than dense residential development.
An executed copy of this agreement shall be submitted to and filled for
record by the Whatcom County Auditor within five days of execution.
This agreement shall be null and void, and all parties released from all
obligations hereunder, if the Rezone Ordinance underlying this agreement is found
to be invalid by the final determination of a court of competent jurisdiction.
EXECUTED by Otto E. Bouma
EXECUTED by Nellie M. Bouma
this day of
EXECUTED by Whatcom County this day of lgg 1pursuant to
authority contained in Ordinance No. 87 -45:
ATTEST:
Clerk of the Council
Approved as to form:
Deputy Prosecu g Attorney
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY WASHINGTON
(Imi A- .
Dan Warner, Chairperson
( ) Approved
Shirley Van Zanten
County Executive
Date
0
( ) Vetoed
?.it...
State of Washington
County of Whatcom
I certify that I know or have satisfactory evidence that Otto E. Bouma signed
this instrument and acknowledged it to be his free and voluntary act for the uses
and purposes mentioned in the instrument.
Dated:/
r
NOTARY PUBLIC In and for the State of
Washington residing atn��,�,�
Appointment expires -^/� 9 f gi
State of Washington
County of Whatcom
I certify that I know or have satisfactory evidence that Nellie M. Bouma signed
this instrument and acknowledged it to be his free and voluntary act for the uses
and purposes mentioned in the instrument.
Dated: 9 9
NOTARY PUBLI in and for the State of
Washington residing at
Appointment expires g 4!2 /99--
I
EXHIBIT A
LEGAL DESCRIPTION
A tract of land situated in the Southeast quarter of the Northwest quarter of
Section 18, Township '38 North, Range 3 East of the W. M. more particularly
described as follows: Beginning at the Northwest corner of the said Southeast
quarter of the Northwest quarter of said Section 18, running thence due East
along the North line of said Southeast quarter of the Northwest quarter of said
Section 18 a distance of 477.6 feet; thence due South to the North line of the
County Road known as Old Telegraph Road; thence along the North side of said
County Road in a Westerly direction to a West line of said Southeast quarter of
the Northwest quarter, thence due North along the West line of said Southeast
quarter of the Northwest quarter to the place of beginning. EXCEPT Deemer Road,
County Road No. 503, EXCEPT portion deeded to Whatcom County for road purposes by
Quit Claim Deed recorded November 21, 1986, under Auditor's File No. 940081, and
EXCEPT. Old Telegraph Road, County Road No. 63. All situate in the County of
Whatcom, State of Washington. SUBJECT TO reservation of mineral rights recorded
under Auditor's File No. 727060 and Easement recorded under Auditor's File No.
1020600 dated July 14, 19_