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Home My WebLink AboutO-1055 - Rezone (Special)CIT Y 0 F MAR Y S V ILL E MarysvIlle,WashIngton ORDINANCE NO \0S'S' An Ordlnace of the CIty of MarYSVIlle rezonLng certaIn property wIthIn the CIty lImlts and amendIng the offIcIal ZonIng Map prevIously adopted In OrdInance No 772 WHEREAS,OSCAR M and MARIAN L LINDSETH are the owners of of the follOWIng descrIbed property loctlted at 7629 47th Avenue N E ,MarySVIlle,WashIngton All that portIon of the W~of the SW~of the SE~of the SE~of Sec 21,1wp 30 N Rge 5 E,W.M.de sc r i bed as follows Commencong at the NW corner of saId sub- dIVISIon,TH N89 47"20"E a18ng the N Ln thereof,158' to the TPB,TH contInue N 89 47'20"E along Sdld N Ln 170 58'to the NE corner of the W~of the SW~of the SE~of the SE~of saId Sec TH S 1 11'00"E along the E Ln of saId W~of the SW~of the SE~of the SE~102' to the NE corner of the certaIn property Deeded to Glen M Woodhull and Mary Joan Woodhull,husband and WIfe,under Deed dated March 6,1947,recorded March 8,1947,under Sno County Audltor'8 FIle No 835210 In Vol 391 of Deeds,pg 70,TH S89 47120"W along the N of saId Woodhull Tract,170.61'to a pOInt WhIch IS 158'E of the W Ln of the SW3 of the SE~of the SE~as measured along saId N Ln, TII N 1 10'02"W parallel to the W Ln of saId SEJ,r of the Sc~of the SE~,102'to the TPB,SItuate In the County of SnohomIsh,State of WashIngton. WHEREAS,saId owners flIed a petItIon WIth the CIty Clerk seekIng the rezone of saId property from the sIngle-famIly resLdentLa1 claSSlflcatlon to the planned low densIty mUltIple-famIly resIdentIal claSSIfIcatIon WHEREAS,the CIty PlannIng CommIsSIon held a publIC hearIng on the saId rezone on the 24th 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 publLc and IS consIstent WIth the ComprehensIve Plan of MarySVIlle,Now,Therefore THE CITY COUNCIL OF THE CI1Y OF MARYSVILLE,WASHINGTON DO ORDAIN AS fOLLOWS SectIon 1 The above-descrLbed property owned by Oscar M and MarIan L LIndseth IS hereby rezoned from the sIngle-famIly resIdentIal claSSIfIcatIon to the planned low densIty multlple-famIJy OrdInance -Page 1 # • r ,,. resIdentIal classIfIcatIon SectIon 2.1he offIcIal ZonIng Map of MarysvIlle,WashIngton, as adopted by the CIty In 1972 1n Sect10n 5 02 of Ord1nance No.772, IS hereby amended to reflect the reclass1flcatlon of the above- descrIbed property SectIon 3 ThIS ordInance and the rezone of the subJect property wh1ch 1S 1mplemented hereby,are cond1t1oned upon strIct complIance by the owners WIth the terms of a Development Agreement dated the 16th day of May,1979,and recorded In the records of the SnohomIsh County AudItor PASSED by the CIty CouncIl and APPROVED by the Mayor thIS2rUdayof...J u ~e ,1979 THE CITY OF MARYSVILLE ATTEST ~W~ APPROVED AS TO FORM OrdInance -Page 2 NO SALES TAX REQUIRED JUN 27 1979 WITNESSETH for the benefIt of the CIty of MarysvIlle and the publIC health, and MarIan L LIndseth,husband and wIfe,hereInafter called "owners" Into by Oscar M LIndseth AGREEMENT~¥tq ~-w.-,;,;;;.,~~~~~ safety and welfare fj'¢"'0, c'') ,~- ~~ ~o 0' ([F. ~~ WHEREAS,the above-referenced owners hold full rIght, tItle and Interest to certaIn real estate located at 7629 47th Avenue N E ,~larysvllle,WashIngton,and legally descrIbed In ExhIbIt A WhICh IS attached hereto and Incorpo~ated hereIn by thIS reference,and WHEREAS,saId owners have sIgned a petItIon to the CIty of MarysvIlle for the rezone of saId property from the sIngle famIly resldentlal clasSIfIcatIon to the planned low densIty multIple famIly classIfIcatIon,and WHEREAS,the saId owners recognIze that rezonIng an area as large as the above-descrIbed property Into a multIple famIly resIdentIal classlf~catlon,and the development of the same for approxImately 27 condomlnlun unIts,WIll cause an unusually great Impact upon the development patterns of the communIty,the serVIces requIred of the CIty,the need for street Improvements,and the use of adJoInIng propertIes,and that It would be In the best Interest of the publIC health,safety and welfare to antIcIpate and neutralIze such Impacts by enterIng Into thIS development agreement for the benefIt of the CIty of MarysvIlle,Now,Therefore The owners do hereby agree and covenant as follows I All Improvement,constructIon and development of the subJect property shall comply wIth the sIte plan and desIgn submItted to and flIed wIth the CIty PlannIng CommISSIon on May 1,1979,subJect to the amendments to saId sIte plan and desIgn whIch were requIred by the PlannIng CommIssIon on saId date wIth respect to access WIdths and the setback WIdths on the north SIde of the property.Any addItIonal devIatIon from the sIte plan and desIgn whIch are materIal shall requIre approval of the CIty PlannIng CommIssIon 2 PrIor to occupancy of any development on the subJect property a SIte-obscurIng fence shall be constructed,at least fIve feet hIgh,for the full length of the north,west and south exterIor boundarIes of the property,except those portIons thereof whIch constItute road frontage ProvIded,that the heIght of the fence specIfIed hereIn shall be reduced when wIthIn twenty (20)feet of the street rIght-of-way,pursuant to SectIon 19.32.020 of the MarySVIlle MunIcIpal Code. 3 PrIor to the 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 owner shall dedIcate to the CIty,for rIght-of-way purposes,an addItIonal ten feet along the easterly edge of 47th Avenue N E , for the full WIdth of the subJect property 5 The access to the subJect property shall be 28 feet In WIdth at the pOInt of ItS IntersectIon WIth 47th Avenue N E.The Internal access road shall be a mInImum of 26 feet In WIdth. PrIor to the sale of any reSIdentIal unIts on the vOl1545 PAGf 731 ~9~Olb 'j)'7 03 O~,f -(b ~ ~DEVELOPMENT AGREEMENT/l subJect property the owner shall submIt to the MarysvIlle CIty Attorney copIes of the CondomInIum DeclaratIon,RestrIctIve Covenants and By-Laws for the proposed development.The CIty Attorney shall reVIew the same to Insure that they provIde for contInuous maIntenance of the sIte-obscurIng fence and greenbelt provIded for hereIn 7 All development on the subJect property shall be In strIct complIance wIth applIcable statutes,ordInances and regulatIons of federal,state and munIcIpal JurIsdIctIonal authorItIes 8 ThIs agreement and all the prOVISIons hereof shall be construed as covenants runnIng wIth the land,and shall be bIndIng upon the owners,theIr agents,successors and aSSIgns 9 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 actIon seekIng specIfIC performance of the terms and condItIons hereof 10 ThIs development agreement IS concomltent WIth OrdInance No ~of the CIty of MarysvIlle,rezonIng the above- descrIbed property to the planned low 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 APPROVED AS TO FORM CITY OF MARYSVILLE ~~p--i2:>'I-....:.....""Df<=-v ....','-'='(~-S=-..'itTayor ~I;J z:,,r#{b. ~)<,N ~OJ 4 '<--...J 0t<~;;';j~I ""-'._c 0CIAttOrney;;~{,.""N rrJt:-~1"\f 0 0I',.)STATE OF WASHINGTON), )ss ~I COUNTY OF SNOHOMISH)\'- ;,On thIS day personally appeared before me Oscar M LIndseth~ncr"M\itJ.atr,1."LIndseth,husband and w i f e ,to me known to be the rnd t.v i.> dU~~0§~S0r~~ed In and who executed the WIthIn and foregOIng Instrument,.a~·~,~Q~r&dged that they sIgned the same as theIr free and voluntary a't!!<sah'q.:,eee<'f,~OT t he uses and purposes t.h.e r e i n men t i one d 'u C"'-, ,U"'<!?p\lr\\p:v,'t?N under my hand and oLf i craI seal t h i s LtV4.day of~~\.,-1979 (:'0-,:', .o r t te State reSIdIng at~~ ),IiJL 1545 PAGF 732 DEVELOPMENT AGREEMENT/2 "EXHIBIT A" The S 95 feet of the N 3/5th (3 acres)of the W~ of the SW~of the SE\of the SE~,Except the W 20 feet thereof In Sectlon 21,Townshlp 30 N,Range 5 E, W M , In Snohomlsh County,Washlngton All that portlon of the WY,of the SW\of the SE~of the SE\of Sectlon 21,Townshlp 30 N,Range 5 E.,W M , descrlbed as follows CommenClng at the NW corner of s a i d sub d i v t s ion , TH N 89 047 I 20"E algng the N Ln thereof, 158 feet to the TPB,TH contInue N 89 47'20"E along sald N Ln 170 58 feet to the NE corner of the WY,8f the SW~ of the SE~of the SE\of sald Sectlon TH S 1 11'00"E along the E Ln of sald W~of the SW~of the SE~of the SE~102 feet to the NE corner of the certaln property Deeded to Glen M Woodhull and Mary Joan Woodhull,husband and wIfe,under Deed dated March 6,1947,recorded March 8,1947,under Sno County AudItor's glle No 835210 In Volume 391 of Deeds,page 70,TH S 89 47'20"W along the N of sald Woodhull Tract,170 61 feet to a pOInt whlch IS 158 feet E of the W Ln of the SW~of the SE\of theSE~as measured along saId N Ln,TH NlolO'02"W parallel to the W Ln of sald SW~of the SE~of the SE~,102 feet to the TPB,sltuate In the County of Snohomlsh,State of Washlngton. Sec 21,TWP 30 Rge 5 Beg at the SW corner of the SE~ of t8e SE~,Th N 1°10'02"W 353 005 Pt to the POB TH N §9 47'20"E 328 66 Ft Th ~1 10'00"W 190 Ft,TH S 80 47'20"W 17 0. 61 PI TH §1 10'02"E 71 F t,TH N 89 047'20"W 24 Flj,TH S 1 10'02"E 24 Ft,TH S 85 047'20" W 134 Ft,TH S 1 10'02"E 9S Ft to the POB less W 20 Ft for County Road,sltuate In the County of Snohomlsh, State of Washlngton. VOl 1545 Pf.{;f 733 DEVELOPMENT AGREEMENT -EXHIBIT A