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HomeMy WebLinkAboutO-0960 - Rezone (Special)CIT Y 0 F MAR Y S V ILL E Marysville,Washington ORDINANCE NO.9,",0 An Ordinance of the City of Marysville rezoning certain proparty within the City limits and amending the official Zoning Map previously adopted in Ordinance No.772. WHEREAS,VICTOR W.JOHNSON and CARL BARTLETT and EDNA E. BARTLETT,husband and wife,are the owners of the following described property located at 1312 Cedar,Marysville,Washington: Beginning at the intersection of the E line of the Cedar Street extension with the S line of the SW1/4 of the SW1/4;thence N 140';thence E to the Great Northern Railroad right-of-way;thence S'ly along said right-of-way to the S line of the SW1/4 of the SW1/4;thence W to the point of beginning;all situate in Section 21,Township 30,Range 5;Snohomish County, Washington;and WHEREAS,said owners filed a petition with the City Clerk on the .:2.S~day of DUG-!d.sr '1977 seeking the rezone of said property from the single-family residential classification to the high-density multiple-family residential classification;and WHEREAS,the City Planning Commission held a public hearing on the said rezone on the 13th day of September,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 witb the Comprehensive Plan of Marysville,Now,Therefore, THE CITY COUNCIL OF THE CITY OF MARYSVILLE,W~SHINGTON DO ORDAIN AS FOLLOWS: Section 1.The above-describe~property ~wned bi VICTOR W. JOHNSON,CARL BARTLETT and EDNA E.BARTLETT is hereby rezoned;fr~the single-family residential classification to the high-density rnu1tip1e- family residential classification. Section 2.The official Zoning Map of Marysville,Washington as adopted by the City in 1972 in Section 5.02 of Ordinance No. 772 is hereby amended to reflect the reclassification of the above property. Section 3.The City Council hereby accepts a Development Agreement executed on this date by VICTOR W.JOHNSON,CARL BARTLETT and EDNA E.BARTLETT,which agreement shall be a covenant restricting the subject property in perpetuity. PASSED by the City Council and APPROVED by the Mayor this .J 0 tJ!day of 0 "'+0 \oar',1977. " -",------- -1- THE CITY OF MARYSVILLE BY_~~ ATTEST: By C?~~/),.:7bCity~~~=--- APPROVED AS TO FORM: -2- NO SALES TAX c..~~~~~REO to;~-l '7 1911 \URRU\t~tRktl\n~u .h-j0unty .-...... ./ DEVELOPMENT AGREEMENT BY-:::-DeputY.!'H IS AGREEMENT is entered into by VICTOR W.JOHNSON and CARL BARTLETT and EDNA E.BARTLETT.husband and wife.hereinafter called "Owner".for the benefit of the City of Marysville and the public health,safety and welfare. WHEREAS.the above-stated persons are the owners of the following described property situated within the City of Marysville, Snohomish County,Washington: Beginning at the intersection of the E line of the Cedar Street extension with the S line of the SWI/4 of the SWI/4;thence N 140';thence E to the Great Northern Railroad right-of-way;thence Stl y along said right-of-way to the S line of the SWl/4 of the SWl/4;thence W to the point of beginning;all situate in Section 21.Township 30,Range 5;Snohomish County, Washington;and ::-"'.....-;.~ :SC.:l ~-,3~~.:~·t j .....c,J.X:j§"I g ~~~~A WHEREAS,said Owner has signed a petition to the City of.--..--~s-~(i5~~larysville for the rezone of said property from the single-family .t-- ..'ott.",>0 ,lei. .1("0>.<Lt; ~C1...:r.. residential classification to the high-density mUltiple-family residential classification;and .(' WHEREAS.said Owner recognizes that rezoning the above- described property into the high-density mUltiple-family residential classification and the development of the same may cause an unusually great impact upon the development patterns of the community.the The Owner does h~reby agree as follows: and welfare to anticipate and neutralize such impact by entering into 2.No unit or structure on the property 'shall exceed two stories in height.(2) services required of the City,and the use of adjoining properties, and that it would be in the interest of the public health~safety 3.Prior to the occupancy of any units on the property.the Owner shall construct,and shall thereafter maintain,a greenbelt along the northerly boundary line of tIle property,and on such portions of the southerly boundary line as are deemed necessary and proper by the Compliance Officer of the City of Marysville. 1.In addition to the existing single-family residence on the property,the maximum number of additional dwelling units to be constructed and occupied shall be sixteen (16). this development agreement with the City of.Marysville,Now,Therefore. Development Agreement - 1 .." '. ,'-~"-'•. 4.All development on the premises shall be in strict ',.,compliance with the applicable statutes,ordinances and regulations of 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,their agents,successors and assigns. !:~under my hand and official seal this "~~,1977 •. ",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 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 /J-1~day of c5).~,1977. EDNA E.BARTLETT STATE ·OF WASHINGTON) 55 • .COUNTY OF SNOHOMISH) On this day personally appeared before me VICTOR 'W.JOHNSON, CARL BARTLETT and EDNA E.BARTLETT,to me known to be the individuals .described in and who executed the within and foregoing instrumenj;.,. and acknowledged 'that they signed the same as their free a v~J::% act and deed for the uses and purposes therein mentioned.~\I'S "".~.•.'l.":<, ,<;)\\"~..:.lI .:\,~..-.·""0 .,\'I;.,.ot~d~\ot",oI'....)'.\ ::"''"J17UIl,J''0;.;\. I:::'_v ...:~J ' .'!:.(!'1..t01'"t ~:~~~""•+0°/./'!~~r>..~.A1 -\'fo;'~.~6.~~'~'"\~"'/ NOTARY PUBLIC in ~n,d forth(~~~.'~···~~·· of Washington,residing at ~ ··ll:'.·.· " ,771 017a2 0'9 Development Agreement - 2