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Home My WebLink AboutO-1033 - Rezone (Special)CIT Y 0 F MAR Y S V ILL E Marysvllle,WashIngton ORDINANCE NO.\()~3__ An Ordlnance of the Clty of Marysvllle rezonlng certaln property wIthln the CIty lImIts and amendIng the offIcIal Zonlng Map prevlously adopted In OrdInance No.772. WHEREAS,CENTURY CONSTRUCTION COMPANY AND STEVEN PARKER are the owners of 4 56 acres located northeast of the IntersectIon of 48th DrIve N.E and 76th Street N [.,Marysvll1e,WashIngton, also known as Tax Lot No.4-069,legally descrIbed as follows The E ~of the SW~of the SE~of the SE~of Sec 21, TWP 30 N,Range 5 E,WM,Except the followIng descrIbed tract,BegInnIng at the NW corner of the saId E~of the SW~of the SE~of the SE~of Sec.21,thence E 30 ft thence SW,ly to a pOInt 30 ft.South of the pOlnt of begInnIng,Thence N 30 ft to the pOInt of beglnnlng, and Except the fol10wlng tract BegInnIng at the SE corner of sald E~of the SW~of the SE~of the SE~of sald Sec.21,thence W 110 Ft to the true pOlnt of begInnIng,thence N 270 Ft ,thence W 110 Ft,thence S 170 Ft,thence E 110 Ft to the true pOInt of beglnnlng SItuated In the County of SnohomIsh,State of WashIngton WHEREAS,saId owners flIed a petltlon wlth the Clty Clerk seekIng the rezone of saId property from the SIngle famJly resldentlal claSSlflcatlon to the planned low denSIty multIple-famlly resldentlal claSSIfIcatIon. WHEREAS,the CIty PlannIng CommISSIon held a publIc hearIng on the saId rezone on the 10th day of Aprll,1979,and recommended In favor of the same,and WHEREAS,the CIty CouncIl fInds that saId rezone IS In the best Interest of the publIC and IS conSIstent WIth the ComprehensIve Plan of Marysvll1e,Now,Therefore THE CITY COUNCIL OF TH[CITY OF MARYSVILLE,WASHINGTON DO ORDAIN AS FOLLOWS Sectlon 1.The above-de~crlbed property owned by Century ConstructIon Company and Steven Parker IS hereby rezoned from the SIngle famlly resldentlal clasSlflcatlon to the planned low denSIty mu1tlple-{amlly reSIdentIal classlflcatlon Sectlon 2.The offlclal ZonIng Map of MarysvIlle, Washlngton,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- descrlbed property Sectlon 3 ThlS ordlnance and the rezone of the subject property whIch IS Jmplemented hereby,are condltloned upon strlct Ordlnance -Page 1 .f .\.: • .j -.. campllance by~the owners with the terms of a Development Agreement dated the 2,.~day of M4.l16 ']979 and recorded r n the records of-rhe Snohomish ~unty AudltoY PASSED by the Clty Cauncll and APPROVED by the Mayor t.h i s 2;....~ay of .4..::-1'"I 1979 I THE CITY OP MARYSVILLE ATTEST APPROVED AS TO FORM OrdInance -Page 2 DEVELOPMENT AGREEMENT Th~s agreement ~s entered ~nto by Steven Parker,here~n after called "owner",for the benefl~of the City of Marysville and the public health,safety and welfare. WITNESSETH: WHEREAS,the above-referenced owner holds full right, tltle and interest to the followlng descrlbed real estate s~tuated within the Clty of Marysv~lle,Snohomish County,Washington: The E1/2 of the SW1/4 of the SE1/4 of the SE1/4 of Sec.21,Twp.30 N,R 5 E,W.M.:Except the follow- ~ng described tract:Beg~nnlng at the NW corner of the sald E1/2 of the SW1/4 of the SE1/4 of the SE1/4 of Sec.21;thence E 30 ft.thence SW'ly to a point 30 ft.South of the pOlnt of beglnnlng,thence N 30 ft.to the poing of beglnnlngi and Except the fol- lowlng tract:Beglnnlng at the SE corner of the E1/2 of the SW1/4 of the SE 1/4 of the SE1/4 of sald Sec.21;thence W 110 ft.to the true pOlnt begln- nlng;thence N 270 ft;thence W 110 ft;thence S 170 ft;thence E 110 ft to the true pOlnt of beglnnlng. Sltuated ln the County of Snohomlsh,State of washington. WHEREAS,sald owner has slgned a petltlon to the City of Marysvllle for the rezone of said property from the s~ngle-family residential classlflcatlon to the p~anned low density multiple- WHEREAS,said owner recognizes that rezoning an area as large as the above-described property lnto a multlple-famlly residential classification,and the development of the same for approximately 54 condomlnlum units,will cause an unusually great lmpact upon the development patterns of the community,the ser- Vices requ~red of the City,the need for local street improvements, and the use of adjoining-properties,and that It would be in the interest of the publiC health,safety and welfare to antlclpate and neutralize such lmpacts by entering into thlS development agreement for the benefit of the City of Marysville,Now,Therefore 1.All improvement,construction and developffient of U,c subject property shall comply with the Site Plan and DeSign sub- mltted to and flIed wlth the City Plannlng Co~mlssion on April 10, 1979.Any material deviations therefrom shall rcqul~c ~pprcv~l of the City Plannlng Commis~ion. 2.,Prior to occupancy of any development on the aub j e cn property a sight-obscuring fence shall be constructed,at least five feet high,for the full length of the north,east and west exterior boundaries of the property,and on the north,east and west boundarles of Tax Lot 4-068 which is a single family reSidence surrounded by the sUbJect property.Provlded,that the height of the fence specified hereln shall be reduced when wlthln twenty feet of the street right-of-way,pursuant to Section 19.32.020 of the Marysvllie Municlpal Code. Development Agreement -Page 1 ~ 3.Prior to occupancy of the subJect property the greenbelt specified on the Site Plan shall be planted and approved by the City Compliance Officer. 4.Prior to commencing development of the subJect property the owners shall dedicate to the City,for right-of-way purposes, 25 feet of property lying immediately north of the centerline of 76th Street N.E.for the full width of the subJect property. 5.Prior to occupancy of any development on the subJect property the owners shall improve the follow1ng descr1bed streets to City street standards as specified 1n Exh1blt A attached hereto, including curbs,gutters,sidewalks and street'lights as specif1ed below and fire hydrant or hydrants as required by City Code to serve the subject property,WhiCh improvements shall be subJect to approval by the City of Marysville and Snohomish County: A.75th Place N.E.between 47th Avenue N.E. and 48th DriVe N.E.(curbs,gutters and Side- walks on the north Side only;no street lights required), B.48th Drive N.E.between 75th Place N.E. and the subJect property (curbs,gutters and Sidewalks on the west Side only;no street lights required), C.76th Street N.E.for the full Width of the subJect property (curbs,gutters,Side- walks and street lights on the north Side only)• 6.Prior to the sale of any reSidential units on the sub- Ject property the owner shall submit to the Marysville City Attor- ney copies of the Condominium Declaration,Restrictive Covenants and By-Laws for the proposed development.The City Attorney shall, Within two weeks of submission,reView the same to insure that they provide for continuous maintenance of the Sight-obscuring fence and greenbelt prOVided for herein and adVise owner of the results of his review 7.All development on the subJect property,and all improvement of streets and roads referred to above,shall be in strict compliance With applicable statutes,ordinances and regula- tions of federal,state and muniCipal Jurisdictional authorities. B.This agreement and all the provislons hereof shall be construed as covenants running with the land,and shall be binding upon the owner,hiS agents,successors and assigns. 9.The City of Marysville shall have the rlght to enforce thlS agreement by all means available in law and 1n eqUity,includ- 1ng but not limited to,action seeking speclfic performance of the terms and conditlons hereof. 10.ThiS development agreement is concomitant WIth Ordinance NO.1033 of the City of MarySVille,rezon1ng the above-descr1bed property to the planned low denSIty mUltiple-famIly residential clas- Sification.NothIng herein shall be construed as being agreed to in conslderat10n for said rezone,nor did the City relinqUish itS legIS- lative power with respect to said rezone 1n conSideration for thIS agreement. DATED thiS day of Development Agreement -Page 2 APPROVED AS TO FORM: CITY OF MARYSVILLE BY/~~ /}1AYOR I GIVEN under my hand and officIal seal thls111~,1979. STATE OF WASHINGTON ) )ss. COUNTY OF SNOHOMISH ) -f...- On t.h i s M day of ;fll!AfJ ,1979,before me,the undersIgned,a Notary Publ1C 1n and fo~the State of Wash1ngton, duly commIssioned and sworn,personally appeared Ste~en Parker to me known to be the 1ndividual descrIbed In and who executed the forego1ng Instrument,and acknowledged to me that he s1gned and sealed this said Instrument as hIS free and voluntary act and deed for the uses and purposes thereln mentIoned. ,2--,{-~ay of I Development Agreement -Page 3 "" .". ~lii 0'c, 0-o ~ ..( r.[l _._~l'.·0".'- '-n~,b.:'1~L..1-\l{GV-NE.. SLOPE.1'/4'/Ft. C.URB_4GlllTI.R,"'PWA T(Pf:A._- NOIE.~:~ t:-1N1ERSE.c:nor,r AAO\\JS-SHAL:L BE.'lS FEET:' Z.CElI\ENT CQNeR-HE.DRI'IE.'NA"<S SHALL ~E.-",PH"'"T(PE.D.- --.__,11 ":-0"--'-,--=--- --:.EARK\NG lANE-- 8/l.E>E.DDED SiRE.E.T ,LIGHT POL£':- ~ ~ I U. P H..'(D.FJ\HT >-UISLDee::.'L<LJ::f,t-Iex:, uJ I0..:-ASi'H~"T-'o ~OR GRASS.I I.et:I..J e, jf~~\ ..(. 0::.:'~~I::c c(~t"0 ....,_~.I..,I 0-o 1 I _.5.u,jC-" ~.SJDt:.WA~1 4.I AP'NA,Ti?~~I ro \CONCR,;.~-Ie \: ~!-- -:z:-..J / ~". \., \ '( .E.XHIB\T "A',,-- "\YP\C~L 'sse,ION'-- FOR (,0'ROADWA'Y C-I'T'I'.,~F_M;\RYS\lILLE.,'NASH .:. No _ AFFIDAVIT OF PUBLICATION STATE OF WASHINGTON, County of Snohomish, 5S _tlJ._l:.~_~!_J'l[Q9_qW9I!..th-•being first duly sworn secretaryonoathdeposesandsaysthatheISthe;__ of THE MARYSVILLE GLOBE,a weekly newspaper That said newspaper 18 a legal newspaper which has been ap- proved by order of the Superior Court m Snohomish County June 18, 1962 in comphance WIth Chapter 213 of Washmgton Laws of 1941, and It IS now and has been for more than SIX months prior to the date of the pubhcation hereinafter re- ferred to.published m the English language continually as a weekly newspaper in Marysville,Snohomish County,Wash- mgton,and It IS now and during all of said time was pnnted 1D an office mamtamed at the aforesaid place of pubhcation of said newspaper That the annexed IS a true copy of a Ordinance 1033 as It was p~bl1~h~-~;-r~g~l;;~;;~e;-(a-nd"~-oT l~-iti"ppiemi;t form)of said newspaper once each week for a period of __~~~__ con- secutive weeks,eommenemg on the _!-_~~~_day of _~~~, 82 12th May 8219 •and endmg on the day of , 19 , both dates mclusive,and that such newspaper was regularly distributed to Its subscribera durmg all of said period That the full amount of the fee charied for the foregoing publi- cation 18 the sum of ,y..a.~J_~~,whieh amount has been paid on full ••SJr pledJ}1Cdm~_~ Subscrtbed an~-[~:to before me this oL~~__ ___~);_19~ Notary Public In and for the State at Washington, Re~Jdlng at Marysville day of ORDINANCE NO 1033 CITY OF MARYSVILLE Marysville,Washington 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,CENTURY CONSTRUC TlON COMPANY AND STEVEN PARKER are the owners of 456 acres located northeast of the Intersection of 48th Drive N E and 76th Street N E , Marysville,Washington,also known as Tax Lot No 4069,legally described as follows The E 1/2 of the SWlj"of the SE1I4 of the SElj"of sec 21,TWP 30 N,Range 5 E, WM,Except the following described tract,Beginning at the NW corner of the said Elj2 of the SWlj"of the SElj"of the SElj"of Sec 21,thence E 30 ft thence SW, Iy to a point 30 ft South of the point of beginning,Thence N 30 ft to the point of beginning,and Except the following tract Beginning at the SE corner of said EI/2 of the SWlj"of the SElj"of the SElj"of saidsec21,thence W 110 Ft to the true POint of beginning,thence N 270 Ft ,thence W 110 Ft,thence S 170 Ft,thence E 110 Ft to the true point of beginning Situated In the County of Snohomish,state of Washington WHEREAS,said owners filed a petition with the City Clerk seeking the rezone of said property from the single family residential classlflcalton to the planned low denSity multiple family residential classification WHEREAS,the City Planning comrms sian held a public hearing on the said rezone on the lOth day of April,1979,and recommended In favor of the same,and WHEREAS,the City Council finds that said rezone Is In the best Interest of the public and Is consistent With the Com prehenslve Plan of Marysville,Now, Therefore THE CITY COUNCIL OF THE CITY OF MARYSVILLE,WASHINGTON DO OR DAIN AS FOLLOWS Seedon 1 The above described property owned by Century construction Company and Steven Parker IS hereby rezoned from the single family reSidential classrfrcetlon to the planned low denSity multiple family residential elasslflcalton Section 2.The official Zoning Map of Marysville,WlIshlngton,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 descrrbed property Section 3 ThiS ordinance and the rezone of the sublect property which IS 1m plemented hereby,are conditioned upon strict compliance by the owners With the terms of it Development Agreement dated the 29th day of May 1919 al)d recorded In the records of the Snohomish county AUditor PASSED by the City ceuneu and AP PROVED by the MayOr this 23rd day of April,1979 THE CITY OF MARYSVILLE By Gene Gunther, Mayor Attest Phillip E Dexter, City Clerk Approved as to Form By James H Allendoerfer, City Attorney Published May 12,1982