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Home My WebLink AboutO-1367 - Annexing an unincorporated area known as the Frizzell & Durant property(\~~ /-',. •'f- CIT Y 0 F MAR Y S V ILL E Marysville,Washington ORDINANCE NO.1367 AN ORDINANCE OF THE CITY OF MARYSVILLE ANNEXING AN UNINCORPORATED AREA KNOWN AS THE FRIZZELL AND DURANT PROPERTY INTO THE CITY OF MARYSVILLE WHEREAS,on the 17th day of September,1983,an annex- ation petition was filed with the City of Marysville relating to property being legally described in Exhibit "A"attached hereto. The petition had been signed by the owners of not less than 75% of the assessed value of the property;and WHEREAS,on January 23,1984,a duly advertised,public hearing was held on the proposed annexation before the City Council, and said Council unanimously passed Resolution No.1124 stating the City's intention to annex the property upon receipt of a favorable report from the Snohomish County Boundary Review Board;and WHEREAS,on May 8,1984,the proposed annexation came before the Snohomish County Boundary Review Board,and said board declined jurisdiction over the same;and WHEREAS,in compliance with a condition of Resolution No.1124,the owners of the subject property have signed an agree- ment not to protest the formation of a local improvement district for extension of 47th Avenue N.E.;NOW,THEREFORE, THE CITY COUNCIL OF THE CITY OF MARYSVILLE,WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1.The above-described property,being situated in the unincorporated area of the County of Snohomish,State of Washington,and being contiguous,proximate and adjacent to the present corporate limits of the City of Marysville,is hereby annexed to and incorporated into the City of Marysville. Section 2.The above-described property shall hereafter be assessed and taxed at the same rate and on the same basis as other properties in the City of Marysville,including assessments or taxes,and payment of all the outstanding indebtedness of the CitY,contracted or incurred prior to,or existing on,the effective date of this ordinance. Ordinance - 1 :.. .-~.,. \i ",-,.. .'....., Section 3.The City hereby adoptes a comprehensive plan for the subject property designating said property in the Industrial classification. --3-day PASSED by the City Council and APPROVED by the Mayor this of ~u ~,1984. (" THE CITY OF MARYSVILLE MAYOR APPROVED AS TO FORM: Ordinance - 2 \ ~EXHIBIT "A" FRIZZELL &DURANT ANNEXATION CITY ANNEX,ATION Tom Reisdorff,Eng'. March 29,1984 All that portion of ~ection 33,T30N, R5E,W.M.described as follows: Beginning at the NE corner of said Gov't Lot 3;thence West along the North line of said Gov'tLot 3 a distance of 107.25 ft; th~nce Southerly parallel to the East·line 8f sai~Gov'~Lot 3, a distance of 825 ft;thenae..continuing S 00 38'43"E a disbance of 527.18 ft;thencs'S 15 31'28"W,139.44 ft;thencs S 59 38'27"W 196 ft;thenc~S 46 26'37"W,508.58 ft;thence S 68 40'31"W, 207.97 ft:thenc~S 88052'39"W,172.39 ft;thence N 38028'52"W, 132.10 ft:thence N 6 b5'27"E,285.15 ft:thence N 00 56'55"Wi 296.37 ft;thence S 77 30'00"W.to the thread of Ebey Slough; thence Southeasterly along the thread of Ebey Slough to the East line of said Government Lot 3:thence Northerly along said East line to the centerlin~of Allen Creek;thence Northeasterly along _"the centerline of Allen Creek to the North line of the S 330 ft. ~f the Southeast Quarter of the Northeast Quarter of said,:Section 33;, I'thence West 400 ft.along said North line to the ~est line of said Southeast Quarter of the Northeast Quarter;thence south 330 ft. along said West line to the Point of Beginning.Situated in Snohomish County. / J' < .: I II,. r("'J"5 ...:.~\. .~... <. I ,..' f .,.y f ;-\~~ /" I .::1 -; _...J---- .>-,","\ ,'.." V"-___+ CIT Y 0 F MAR Y S V ILL E Marysville,Washington ORDINANCE NO.I 3 b 7 AN ORDINANCE OF THE CITY OF MARYSVILLE ANNEXING AN UNINCORPORATED AREA KNOWN AS THE FRIZZELL AND DURANT PROPERTY INTO THE CITY OF MARYSVILLE WHEREAS,on the 17th day of September,1983,an annex- ation petition was filed with .the City of Marysville relating to property being legally described in Exhibit "A"attached hereto. The petition had been signed by the owners of nOt less than 75% of the assessed value of the propertYi and WHEREAS,on January 23,1984,a duly advertised,public hearing was held on the proposed annexation before the City Council, and said Council unanimously passed Resolution No.1124 stating the City's intention to annex the property upon receipt of a favorable report from the Snohomish County Boundary Review Boardiand WHEREAS,on May 8,1984,the proposed annexation came before the Snohomish County Boundary Review Board,and·said board declined jurisdiction over the samei and WHEREAS,J.n·complian~e w':Lth a condition of Resolution No.1124,the owners of the subject property have signed an agree- ment not to protest the formation of a local improvement district .for extension of 47th Avenue N.E.i NOW,THEREFORE, THE CITY COUNCIL OF THE CITY OF MARYSVILLE,WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1.The above-described property,being situated in the unincorporated area of the County of Snohomish,State of Washington,and being contiguous,proximate and adjacent to the present corporate limits·of the City of Marysville,is hereby annexed to and incorporated into the City of Marysville. Section 2.The above-described property shall hereafter be assessed and taxed at the same rate and on the same basis as other properties in the City of Marysville,including assessments or taxes,and payment of all the outstanding indebtedness of the CitY,contracted or incurred prior to,or existing on,the effective date of this ordinance. Ordinance - 1 '"-. ,._~ ..r . Section 3.The City hereby adoptes a comprehensive plan for the subject property designating said property in the Industrial classification. PASSEU the City Council and APPROVED by the Mayor thisqihdayof-v=c;t ,1984. THE CITY OF MARYSVILLE MAYOR By "..,.......=-= ATTEST: CITY CLERK By------------=-:=:-::--=== APPROVED AS TO FORM: Ordinance - 2 "."~~1..''~.."..,c, EXHIBIT "A" FRIZZELL &DURANT ANNEXATION CITY ANNEXATION Tom Reisdorff,Eng'. March 29,1984 All that portion of section 33,T30N,RSE,W.M.described as follows: Beginning at the NE corner of said Gov't Lot 3:thence West along the North line of said Gov't Lot 3 a distance of 107.25 ft; th~nce Southerly parallel to the East line Sf said Gov'~Lot 3, a distance of 825 ft:then8e ..continuing S 00 38'43"E a disbance of 527.18 ft:thencs·S 15 31'28"W,139.44 ft:thencs S 59 38'27"W 196 ft;thenc~S 46 26'37"W,508.58 ft:thence S 68 40'31"W, 207.97 ft;thence S 8g052'39"W,172.39 ft;thence N3g028'52"W, 132.10 ft;thence N 6 b5'27"E,285.15 ft;thence N 00 56'55"W, 296.37 ft:thence S 77 30'00"W.to the thread of Ebey Slough; thence Southeasterly along the thread of Ebey Slough to the East line of said Government Lot 3;thence Northerly along said East line to the centerline of Allen Creek;thence No~theasterly along '.:.the center line of Allen Creek to the North line of the S 330 ft. ~fthe Southeast Quarter of the Northeast Quarter of said.:Section 33:· I thence.West 400 ft.along said North line to the west line of said Southeast Quarter of the Northeast Quarter;thence South 330 ft. aiong said West line to the Point of Beginning.Situated in Snohomish County. / o ~ ,...-( "~ ~ ~ i ." LAW OFFICES OF" ALLENDOERFER AND KEITHLY.'INC"P.S. 21 AVE:NUE A SNOI-lOMISH.WASHINGTON 9S_~ I9B~JtJll6 AM 10:4 f.:aD,bAYV,v.llc~IAMS,..AV[),jiOR POWER OF ATTORNEY SJiO Y.':iPI eflUNTY,~S1J,~" AND '~","",II/?,C"/':~;:.:.'?;~~:'" AGREEt-1ENT NOT TO PROTEST .~..",'." FORMATION OF LOCAL IMPROVE~ENT DISTRICT FOR ROAD CONSTRUCTION THIS AGREEMENT is entered into this ;gn-.day .o f 'J"'IA.+1.<.., 1984,by and between the CITY OF MARYSVILLE, a municipal corporation of the State of Washington,and EDWARD L.DURANT and DOUGLAS K. FRIZZELL and JANIS R.FRIZZELL,husband and wife,hereinafter col- lectively referred to as "Owner;" WITNESSETH: WHEREAS,the above-named Owners hold a fee title interest in certain real property situated in Snohomish County,Washington, legally described in Exhibit "A"attached hereto and incorporated herein by this reference;and WHEREAS,the Owners have petitioned to annex said property into the CITY OF MARYSVILLE,and said annexation was tentatively approved on February 27,1984,when the City Council passed reso- lution No.1124;and WHEREAS,a condi tion of such annexa tion is that the Owners agree to participate in,and not to protest,the formation of a local' improvement district for reconstruction of 47th Avenue N.E.from the terminus of its present improvement (L.I.D.No.62)to the north boundary of the DURANT property;and WHEREAS,lt appears that the annexation of the above-described property and the industrial development which will naturally result therefrom,constitutes a major contributing cause for the need to develop 47th Avenue N.E.; NOW,THEREFORE,in consideration tor annexation of the above- described property by the CITY OF ~~RYSVILLE,the Owners hereby agree as follows: 1.The Owners hereby make,constitute and appoint by these presents the CITY OF MARYSVILLE as the true and lawful attorney for them and in their name,place and stead,as an irrevocable proxy, to petition for and/or cast a vote for approval of any local improve- ment district as provided in Chapter 35.43 RCW as now enacted or hereafter amended,for the acquisition,construction and improvement of 47th Avenue N.E.as a full,standard,public road,including curbs, gutters,sidewalks and drainage utilities,from the terminus of its present improvement (L.I.D.No.62)to the north boundary of the DURANT property.' 2.This Power of Attorney shall be a conveyance of an irrevo- cable interest in the above-described real property to the CITY,and shall constitute a covenant running with the land in perpetuity.Pro- vided,that the CITY shall deliver a signed release of this Power of Attorney after completion of the road improvements described above. 84071601 50 Power of Attorney and Agreement - 1 "VOL 1853 PAGE 1219 3.The Owners covenant and agree not to protest,in any manner whatsoever,the formation of the local improvement district described above. 4.This Power of Attorney,and'all covenants and agreements provided herein,shall be binding upon the Owners,their heirs, successors and assigns. IN WITNESS WHEREOF,the Owners have hereunto set their hands and seals that date first above written. STATE OF WASHINGTON) Y'l )ssCOUNTYOF&h )}J On this day personally appeared before me EDWARD L.DURANT, to me known to be the individual described in and who executed the within and foregoing instrument,and acknowledged that he signed the same as his free and voluntary act and deed,for the uses and purposes therein mentioned ........"",.:...r> ".\l'~~'~"under my hand and official seal this /6~ay of, ......•.:',.....,1984. On this day personally appea~ed before me DOUGLAS K.FRIZZELL and JANISR.·FRIZZELL,to me known to be the individuals described in and who executed the within and foregoing instrument,and acknowledged that they signed the same as their free and voluntary act and deed, for the u se.s and purposes therein mentioned. nmyhandandofficialsealthis~--day of ,1984. N~te~~tateof Washington,residing at ~~r/~~ Power of Attorney and Agreement - 2 .VU'Lo 1853 PAGE 1220 ·.,: APPROVED BY: THE CITY OF MARYSVILLE 8407160150 Power of Attorney and Agreement - 3 VOL 1853 PAGE 1221,-- - ,. EXHIBIT "A" FRIZZELL &DURANT ANNEXATION CITY ANNEXATION Tom Reisdorff,Eng. March 29,1984 All that portion of ~ection 33,T30N,RSE,W.M.described as follows: Beginning at the NE corner of said Gov't Lot 3;thence West along the North line of said Gov't Lot 3 a distance of 107.25 ft; thence southerly parallel to the East line 8f said Gov't Lot 3, a di stance of 825 ft;then8e..con tinuing S 00 38'43"E a dissance of 527.18 ft;thenco·s 15 31'28"W,139.44 ft;thenc5 S 59 38'27"W 196 ft;thence S 46 26~37"W,508.58 ft;thence S 68 40~31"W, 207.97 ft;thence S ag 52'39"t-J,172.39 ft;thence 1'1 3§28'52"W, 132.10 ft;thence N 6 65'27"E,285.15 ft;thence N 00 56'55"W, 296.37 ft;thence S 77 30'00"W.to the thread of Ebey Slough; thence Southeasterly along the thread of Ebey Slough to the East line of said Government Lot 3;thence Northerly along said East line to the centerline of Allen Creek;thence Northeasterly along .the centerline of Allen Creek to the North line of the S 330 ft. of the Southeast Quarter of the Northeast Quarter of said:Section 33; ~~ence West 400 ft.along said North line to the West line of s~id Southeast Quarter of the Northeast Quarter;thence South 330 ft. along said West line to the Point of Beginning.Situated in Snohomish County. / 8407160Jl.50 VOL 1853 PAGE 1-222 AFFIDAVIT OF PUBLICATION No._ STATE OF WASHINGTON, County of Snohomish, ss. _-hio.d.&J[{e.b.~tt§lr.,being first duly sworn on oath deposes and says that he is the;.._~e_c_~~_t~r.Y._ of THE MARYSVILLE GLOBE, a weekly newspaper. That said newspaper is a legal newspaper which has been ap- proved by order of the Superior Court in Snohomish County June 18, 1962 in compliance with Chapter 213 of Washington Laws of 1941,and it is now and has been for more than six months prior to the date of the publication hereinafter re- ferred to,published in the English language continually as a weekly newspaper in Marysville,Snohomish County,Wash- ington,and it is now and during all of said time was printed in an office maintained at the aforesaid place of publication of said newspaper.That the annexed is a true copy of a ___________.Q:r:!.d.inance_Jtl.3-61 as it was published in regular issues (and not in supplement form)of said newspaper once each week for a period of __Qn~con- secutive weeks,commencing on the -~LtJL day of .J.1J1S , 19_Bl~,and ending on the _lJ.._ttJ.__day of A!1_:l:.~__,19!3}L, both dates inclusive.and that such newspaper was regularly distributed to its subscribers during all of said period.That the full amount of the fee charged for the foregoing publi- cation is th~sum of $~62....0D ,which amount has been paid in full ----~-~---I!!....ikL~---- Subscribed and swor to before me this !~~_ day of ----------------i~-~~~::;~~~~: Residing at Marysville. CIT Y 0 F MAR Y S V ILL E Marysville,Washington ORDINANCE NO.13b 7 AN ORDINANCE OF THE CITY OF MARYSVILLE ANNEXING AN UNINCORPORATED AREA KNOWN AS THE FRIZZELL AND DURANT PROPERTY INTO THE CITY OF MARYSVILLE WHEREAS,on the 17th day of September,1983,an annex- ation-petition was filed with the City of Marysville relating to property being legally described in Exhibit "A"attached hereto. The petition had been signed by the owners of nOt less than 75% of the assessed value -of the property;and WHEREAS,on January 23,1984,a duly advertised,pUbl-ic hearing was held on the proposed annexation before the City Council, anQ said Council unanimously passed Resolution No.1124 stating the City's intention to annex the property upon receipt of a favorable report from the Snohomish County Boundary Review Bohrd;and WHEREAS,on May 8,1984,the proposed annexation came before the Snohomish Coun~y Boundary Review Board,and said board declined jurisdiction O¥er the same;and WHEREAS,in ~@mpliance with a condition of Resolution No.1124,the owners of the SUbject property have signed an agree- ment not to protest -the fOrmation of a lOcal improvement district for extension of 47th Avenue N.E.;NOW,THEREFORE, THE CITY CO~~IL OF THE CITY OF MARYSVILLE,WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1.Th~above-described property,being situated in the unincorporated area of the County of Snohomish,State of Washington,and being contiguous,proximate and adjacent to the present corporate limits of the City of Marysville,is hereby annexed to and incorporated into the City of t1arysville. Section 2. The above-described property shall hereafter be assessed and taxed at the same rate and on the same basis as _:other properties in the City of Marysville,inclUding assessments ,or taxes,and payment of all the outstanding indebtedness of the -'City contracted or incurred prior to,or existing on,the effective date of this ordinance. Section 3.Th~City hereby adoptes a comprehensive plan for the subject property designating said property in the Industrial classification. ~PASSED by the City Council and APPROVED by the Mayor this -../........day of ~u ~,1984.? THE-CITY OF MARYSVILLE"lfJ{2tLIMAYOR ATT T: ~~~BY~LERK APPROVED AS TO FORM: BYcf ...diD {he b ~CITY ATTO~ All that portkon of Section 33,T30N, RSE,W.M.described as follows: Beginning at the NE corner of said Gov't Lot 3;thence West along the North line of said Gov't Lot 3 a distance of 107.25 ft; thence Southerly parallel to the East line 8f said Gov't Lot 3, a distance of 825 ft;thense_continuing S 00 38'43"E a dissance of 527.18 ft;thenco-S 15 31'28"W,139.44 ft;thencs-S 59 38'27"W 196 ft;thence S 46 26'37"W,508.58 ft;thence S 68 40'31"W, 207.97 ftf thence S 8&°52'39"-W,172.39 ft:thence N 3g 028'52"W, 132.10 it;thence N 6 b5'17"E,285.15 ft;thence N 00 56'55"W, 296.37-ft;thence S 77 30'00"W.to the thread of Ebey Slough; thence Southeasterly along the thread of Ebey Slough to the East line of said Government Lot 3:thence Northerly along said East line to the centerline of Allen Creek;th~nce Northeasterly along cthe centerline of Allen Creek to the North line of the S 330 ft.Qf the Southeast Quarter of the Northeast Quarter of said,Section 33; thence West 400 ft.along said North line to the West line of said Southeast Quarter of the Northeast Quarter;thence South 330 ft. along said West line to the Point of Beginning.Situated in SnOhomish County.