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HomeMy WebLinkAboutO-0867 - Rezone (Special)I Y S V ILL E ashington ORDINANCE N . CIT Y 0 F M A Marysville, An Ordinance of the City of Marysville rezoning certain property within the City limits. WHEREAS,VESTAL WALKER,EARL SMITH and HENRY JOHNSON are owners of property generally located at the East end of 67th N. E. on the Armar Road,Marysville,Washington,and which is legally described on "Exhibit A"attached hereto and incorporated herein by this reference;and WHEREAS,said ~ners filed a petition with the City Clerk on the ..ld'~day of ~~,19 '1£'seeking the rezone of said property from the slngle-family resIdential classification to the high-density mUltiple-family residential classification;and WHEREAS,the City Planning Commission held a public hearing on said rezone on the 8th day of July,1975 and recommended in favor of the same;and WHEREAS,the City Council finds that said rezone is in the best interests of the public and is consistent with the Comprehen- sive Plan of Marysville,Now,Therefore, THE CITY COUNCIL OF THE CITY OF MARYSVILLE,WASHINGTON DO ORDAIN AS FOLLOWS: Section 1.The property described on "Exhibit A"attached hereto owned by VESTAL WALKER,EARL SMITH and HENRY JOHNSON is hereby rezoned from the single-family residential classification to the high-density multiple-family residential classification. Section 2. The rezone granted herein is concomitant with a Development Agreement entered into by VESTAL WALKER,EARL SMITH' and HENRY JOHNSON,which agreement shall be construed as a covenant running with the land governing the development thereof,and shall be binding upon the owners,their agents,successors and assigns. PASSED by the City Council and APPROVED by the Mayor this day of ,1975. ATTEST:THE CITY OF MARYSVILLE ByCi~t~y~C"'l-=e--:'r:"Tk:----------- APPROVED AS TO ~ORM: &Cltl y ~1;/:J ~'L:L.:e~.4.e::-.o:::==City ttorney By ...-.---:-:--::::-....."..._ Il"Owner" \' ~,a 1 th, \ I EARL j " ~9~,7 I,40 &J/'Y~II';t-J~~ __----.and._----- N~.7r GIl c/ak Sh '''Y)''1 SMITH,Hi I for the I I safety "'I __--- LARRY JOHNSON are the owners or contract purchasers of the following ·f \."",j -....:.... ~ OJ ('~ OJ ~ ~ cog ~ ~, \ described property situated within the City of Marysville,Snohomish County,Washington: WHEREAS,said Owner recognizes that rezoning an area as The Owner does hereby agree as follows: and neutralize such impact by entering into this development agreement cause an unusually great impact upon the development patterns of the the interest of the public health,safety and welfare to anticipate ment,and the use of adjoining properties,and that it would be in with the City of Marysville,Now,Therefore, large as the above-described property into a high-density multiple- dential classification;and community,the services required of the City,street use and develop- family residential classification and the development of the same will 1.No construction on the above-described property shall'~e other than single story construction. PARCEL A: The SW'ly 98'of the NW'ly 160'of the following described tract:Beg.at a point 541.98' S of El/4 corner;thence N 45°44'30"W 310.90'M &A co rd;thenceS 44°15'30"W TAP 30'N 44°15'30"E of int M &A rd &W line El/2 El/2 NE1/4 SE1/4;thence S 45°44'30"E 320.90';thence N 44°15'30"E to Eline of SE1/4;thence N to TPB. IN©~ffi\11.Jg~U~JfARCEL B:BAAP 541.98'S of El/4 corner;thence N r-t-C>45"44'30"W 310.90'M &A cord;thence S 44°15'30"W~~Q~)I~~~Q)TAP 30'N 44°15"30"E of int M &A rd &W line El/2 El/2 NE1/4 SE1/4;thence S 45°44'30"E 320.90';thence.~\lj\jlt 19n N 44°15'30"E to E line of SE1/4;thence N to TPB, LESS SE'ly 98'of NW'ly 160'thereof. m~;~?EUffi&~B~,ptl~l~ ~~WHEREAS,said Owner has signed a petition to the City of OlW~ Marysville for the rezone of said property from the single-family residential classification to the high-density mUltiple-family resi-u ~ '"'\o f C\ N ~ <} ~.~,.j -1- property 2.No dwelling unit constructed on the above-described shall be designed or used for more than four (4)families. VOLii63 PI,Cf J\...... 'f t ."'....-/....-...../'" ~ (\.f/" C'. !f'~' Q; DEVELOPMENT AGREEMENT J." C"I!iL ?(,7 (jl ,1/~;:'/ ..--; ~THIS AGREEMENT is entered into by VESTAL WALKER,EARL to {:-=:p SMITH,HENRY JOHNSON and LARRY JOHNSON,hereinafter called "Owner", ,f~ !"'--for the benefit of the City of Marysville and the public health, safety and welfare. WHEREAS,VESTAL WALKER,EARL SMITH,HENRY JOHNSON and LARRY JOHNSON are the owners or contract purchasers of the following described property situated within the City of Marysville,Snohomish County,Washington: FARCEL A: The SW'ly 98'of the NW'ly 160'of the following described tract:Beg.at a point 541.98' S of El/4 corner;thence N 45°44'30"W 310.90'M &A co rd;thence S 44°15'30"W TAP 30'N 44°15'30"E of int M &A rd &W line El/2 El/2 NE1/4 SE1/4;thence S 45°44'30"E 320.9,0';thence N 44°15'30"E to Eline of SE1/4;thence N to TPB. ~~©s)~:.H~t~\2'tARCEL B:BAAP 541.98'S of El/4 corner;thence N.-':;-:'if-));s,1fO)rC~r,,,aSo44'30"W 310.90'M &A co rd;thence S 44°15'30"Wli'.2r:(,.(,'l_)ulf\\~~J)TAP 30'N 44°15'30"E of int M &A rd &W line El/2 ,":1WJiC,7 El/2 NEI/4 SEI/4;thence S 45°44'30"E 320.90';thence,.;.~L:I.'i:::tJf N 44°15'30"E to E line of SE1/4;thence N to TPB, LESS SE'ly 98'of NW'ly 160'thereof. ~__I_n~If',1(!~Ur.!I~,~s~~:c:'~l:J lt~_"nJL_'J~~~4u~~~~HEREAS,said Owner has signed a petition to the City of ~-~.,'J . Marysvfii~for the rezone of said property from the single-family residential classification to the high-density multiple-family resi- dential classification;and WHEREAS,said Owner recognizes that rezoning an area as large as the above-described property into a high-density mUltiple- family residential classification and the development of the same will cause an unusually great impact upon the development patterns of the community,the services required of the City,street use and develop- ment,and the use of adjoining properties,and that it would be in the interest of the public health,safety and welfare to anticipate and neutralize such impact by entering into this development agreement with the City of Marysville,Now,Therefore, The Owner does hereby agree as follows: 1.No construction on the above-described property shall be other than single story construction. property 2.No dwelling unit constructed on the above-described shall be designed or used for more than four (4)fa~i1ies. 1·i-(1,.:;"3 ~.~(~qVOLUIAl;~\,i',) -1- 3.Construction on the above-described property shall meet the bulk and dimensional requirements of Chapter 19.20 of the Marysville Municipal Code.This restriction includes but is not limited to the requirements for maximum lot coverage. 4.All development on the premises shall be in strict compliance with applicable statutes,ordinances and regulations of the federal,state and municipal jurisdictional authorities. 5.This agreement and all the provisions hereof shall be construed as covenants running with the land and shall be binding upon the Owner,its agents,successors and assigns.A copy of this agreement shall be given to all parties purchasing the above-described property,or any portion thereof,for the purpose of development,and they shall be informed by the Owner of the binding effect of this agreement and the penalties for its violations. 6,The City of Marysville shall have the right to enforce this agreement by all means available in law and in equity,including, but not limited to,actions seeking specific performance of the terms and conditions hereof. 7.This development agreement is concomitant with the ordinance of the City of Marysville rezoning the above-described pro- perty to the high-density multiple-family residential classification. Nothing herein shall be construed as being agreed to in consideration for said rezone,nor did the City relinquish its legislative power with respect to said rezone in consideration for this agreement. DATED this day of 1975. J "1--- 6 t,-,C\.....~,en::!5 -, ~."'"(..)w ~, a::s.....,0... STATE OF WASHINGTON) s s , COUNTY OF SNOHOMISH) day of -2- BYAPPROVED&ACCEPTED CITY OF MARYSVI E: ~l.~ On this day personally appeared before me VESTAL WALKER, EARL SMITH,HENRY JOHNSON and LARRY JOHNSON,to me known to be the individuals described in and who executed the within instrument,and acknowledged that they signed the same as their free and voluntary act and deed for the uses and purposes therein mentioned. c:-tA. f\GIVEN under my hand and official seal tl\\Ii'!5 H ',r,"fit),, - I-i U.GUS 'I ,19 75 •"".'\tl 0,", (I nz\·~~·~;····>,·I,....Ckc.,n.Ji!!.u._•.~;~ cP~ 1108110209