HomeMy WebLinkAboutO-0952 - Rezone (Special),
CIT Y 0 F MAR Y S V ILL E
Marysville,Washington
ORDINANCE NO.q~-~
An Ordinance of the City of Marysville rezoning
certain property within the City limits and
amending the official Zoning Map previously adopted
in Ordinance No.772.
WHEREAS,DELMAR PAINTING CO.,INC.is the owner of the
following described property located at 1335 Beach Street,Marys-
ville,Washington:
Beginning at the SW corner of Section 21,Town-
ship 30 North,Range 5 EWM;thence N 265.1 feet,
more or less,to S line of tract described in
deed from D. C.Bogard and Lulu Bogard,his wife,
to G. V.Sigler and Louise F.Sigler,his wife,
as recorded in Volume 294 of Deeds on page 608,
under Auditor's File No.680423,to the true point
of beginning;thence N 152.85 feet,more or less,
to a point 417.95 feet N of the SW corner of
Section 21;thence E a distance of 427.5 feet,more
or less,to a point 15 feet W of centerline of
Beach Street produced N'ly;thence S 152.85 feet;
thence W 427.5 feet,more or less,to the true
point of beginning;situate in the County of Snohomish,
State of Washington;and
WHEREAS,said owner filed a petition with the City Clerk
on the ~day of ~I ~,1977 seeking the rezone of
said property from the SIng e-famlly residential classification to
the high-density multiple-family residential (RMH)classification;and
WHEREAS,the City Planning Commission held a public
hearing on the said rezone on the 23rd day of August,1977,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
Comprehensive Plan of Marysville,Now,Therefore,
THE CITY COUNCIL OF THE CITY OF MARYSVILLE,WASHINGTON
DO ORDAIN AS FOLLOWS:
Section 1.The above-described property owned by DELMAR
PAINTING CO.,INC.is hereby rezoned from the single-family residen-
tial classification to the high-density mUltiple-family residential
(RMH)classification.
Section 2. The official Zoning Map of Marysville,
Washington as adopted by the City in 1972 in Section 5.02 of Ordin-
ance No. 772 is hereby amended to reflect the reclassification of
the above-described property.
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Section 3.The City Council hereby accepts a Development
Agreement executed on this date by DELMAR PAINTING CO.,INC.,which
agreement shall be a covenant restricting the subject property
in perpetuity.
PASSED by the City Council and APPROVED by the Mayor
this Iz 7 1l day of S ..~.J.......ktv 1977 .•
THE CITY OF MARYSVILLE
ATTEST:
APPROVED AS TO FORM:
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INC.,a Washington corporation,hereinafter called "Owner",for the
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DEVELOPMENT AGREEMENT
THIS AGREEMENT is entered into by DELMAR
benefit of the City of Marysville and the public health,safety and
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welfare.
WHEREAS,DELMAR PAINTING COMPANY,INC.is the owner of the
following described property situated within the City of Marysville,
Snohomish County,Washington:
Beginning at the SW corner of Section 21,Township 30
North,Range 5 EWM;thence N 265.1 feet,more or less,
to S line of tract described in deed from D. C.Bogard
and Lulu Bogard,his wife,to G. V.Sigler and Louise F.
Sigler,his wife,as recorded in Volume 294 of Deeds on
J.~SALES TA}{ia¥e 608,un~er.Auditor's File No.680423,to the true
R '-n l HRF.:O po i n t of begi.nn i.ng ;thence N .152.85 feet,more or less,to
~~.\~- a point 417.95 feet N of the SW corner of Section 21;
thence E a distance of 427.5 feet,more or less,to a
m;T -:j 1977 point 15 feet W of centerline of Beach Street produced
N'ly;thence S 152.85 feet;thence W 427.5 feet,more or
1lKE~1~\~£nn:omIShCOUnlJIFs,to the tru~point of beginni1!g;situate in the
P~/~~f~?ounty of Snohomlsh,State of Washlngton;and
De,ty
WHEREAS,said Owner has signed a petition to the City of
Marysville for the rezone of said property from the single-family
residential classification to the high-density multiple-family
residential classification;and
WHEREAS,said Owner recognizes that rezoning the above-described
property into a high-density multiple-family residential classification
and the development of the same m~y cause an unusually great impact
upon the development patterns of the community,the services
required of the City,and the us~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.The Owner shall deed to the City of Marysville the
easterly 15 feet of the above-described property for the purpose of
widening the Beach Street right-of-way.Said deed shall be tendered
to the City prior to the issuance of a building permit for the subject
property.
2. The maximum number of dwelling units to be constructed
and occupied on the premises shall be eight (8).
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Agreement -1
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3.No unit or structure on the property shall exceed one
(1)story in height.
4.Prior to occupancy of any units on the property,the Owner
shall construct,and shall thereafter maintain,a fence along the
southerly boundary line of the property and on the west side of the
property for the full width thereof.
S.All improvements and developments on the property,
including greenbelts and parking areas,shall be in substantial compli-
ance with the plot plan filed by the Owner with the City of Marysville
dated August 23,1977.Any and all amendments to said plot plan of
a material nature must be mutually considered and agreed upon between
the Owner and the Compliance Officer of the City of Marysville before
being implemented.
6.All development on the premises shall be in strict compli-
ance with applicable statutes,ordinances and regulations of federal,
state and municipal jurisdictional authorities.
7.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.
8.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.
9.This development agreement is concomitant with the ordin-
ance of the City of Marysville rezoning the above-described property
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 7/2.-day of =~r---.,1977.
DEL~~R PAINTING COMPANY,INC.
STATE OF WASHINGTON)
ss.
COUNTY OF SNOHOMISH)
On this day personally appeared before me JAMES W.COLE and
RAYMOND T.DeDONKER,to me known to be the President and Secretary,
respectively,of DELMAR PAINTING COMPANY,INC.,the corporation that
executed the within and foregoing instrument,and acknowledged that
they executed the same as the corporation's free and voluntary act and
deed for the uses and purposes therein mentioned.
GIVEN under my hand and official seal this
September,1977.
Development Agreement - 2
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