HomeMy WebLinkAboutO-1458 - Rezone (Special)....
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CIT Y 0 F MAR Y S V ILL E
Marysville,Washington
ORDINANCE NO.1(5)(,
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,MESSIAH LUTHERAN CHURCH is the owner of the
following-described property located at 4229 -92nd Street N.E.,
Marysville,Washington:
All that portion of the Southeast quarter of
the Southwest quarter of Section 16,Township
30 North,Range 5 East,W.M.,Snohomish County,
Washington,described as follows:
Beginning at a point 8 feet North of the South
quarter corner of said section;Thence North
212 feet;Thence West 70 feet;Thence South
parallel with the East line of said Southeast
quarter of the Southwes·t quarter to a point
8 feet North of the South line of said sub-
division;Thence East to the True Point of
Beginning;Snohomish County,Washington.
WHEREAS,said owner filed a petition with the City Clerk
seeking a rezone of said property from the Single-Family Residential
classification to the General Cqmmercial classification;and
WHEREAS,the City Planning Commission held a public hear-
ing on said rezone on March 11,1986,and submitted formal Findings
of Fact and a recommendation in favor of rezoning said property to
the General Commercial classification (subject to a Rezone Contract);
and
WHEREAS,the City Council has reviewed said Findings of
Fact and recommendation and finds that the rezone is in the public
interest and is consistent with the Comprehensive Planr NOW,THERE~
FORE,
THE CITY COUNCIL OF THE CITY OF M~RYSVILLE,WASHINGTON,
DO ORDAIN AS FOLLOWS:
Section 1.The Findings of Fact of the Planning Commis-
sion with respect to the rezone application of MESSIAH LUTHERAN
Ordinance - 1
CHURCH are hereby adopted,and the above-described property is
hereby rezoned from the Single-Family Residential classification
to the General Commercial classification (subject to a Rezone
contract).
Section 2.The Official Zoning Map of the City of Marys-
ville,Washington,as adopted in 1972,and Section 5.02 of Ordinance
No.772,are hereby amended to reflect the reclassification of the
above-described property.
Section 3.This ordinance,and the rezone of the sub-
ject property which is implemented hereby,are conditioned upon
strict compliance by the owner,its heirs,successors and assigns,
with the following conditions:
(a)The subject property.shall be used only for religious,
charitable,educational or other nonprofit,tax-
exempt purposes.This condition is further speci-
fied in a Concomitant Rezone Contract recorded in
the records of the Snohomish County Auditor.
(b)Prior to occupancy,the owner shall deed ten (10)
feet of right-of-way to the City along the full
abutting fronta~e on 92nd Street N.E.
(c)Prior to occupancy,curbs,gutters and sidewalks
shall be installed by the owner along the full
abutting frontage on 92nd Street N.E.
(d)Prior to occupancy,the owner shall present a site
plan for development of the property,including a
proposed parking area,for approval by the City
Compliance Officer.
~J}~PASS¥?by the City Council and APPROVED by the Mayor this
~7 day of l:j.iiJeGH:'1986.
MAYOR
APPROVED AS TO FORM:
ByN..-B6 ,au ~BY~~~LERK~CITY A~NEY
Ordinance - 2
AFFftDAVIT OF PUBLICATION
No._
STATE OF WASHINGTON,
County of Snohomish,
ss.
_-__.Linda-Web.atJ:~.L--__. ,being first duly sworn
on oath deposes and says that he is the __.sec.:cetar.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
___Or.dinaocfLilJ...4..'i2 as it was
published in regular issues (and not in supplement form)of
said newspaper once each week for a period of _nne.con-
secutive weeks,commencing on the __.?_6_t:?_day of _~~.:~.?._~
1986 __, and ending on the __f§!:!J.__day of _.!'!~~c:~_,19~.?__,
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 the sum of $_n9_2_._~Q ,which amount has been
paid in full ~.Idnft-----W:.0 -',_
Subscribed and sworn to before me this Isr "
day of ~~;~;~~;:.
Residing at MarysvUle.\'I
Filed for Record at Request of
CITY OF MARYSVILLE
514 DELTA
MARYSVILLE,WA 98270
REZONE COVENANT AND AGREEMENT
THIS AGREEMENT is entered into this 3
1986,by MESSIAH LUTHERAN CHURCH,4229 -92nd
Washington 98270,hereinafter referred to as
WITNESSETH:
day of r /f~C,
Street N.~Marysville,
"Owner II ;
WHEREAS,Owner owns fee title to real property located at 4229 -
92nd Street N.E.,Marysville,Washington,said property being legally
described as follows:
All that portion of the Southeast quarter of the
Southwest quarter of Section 16,Township 30 North,
Range 5 East,W.M.,Snohomish County,Washington,
described as follows:
Beginning at a point 8 feet North of the South quarter
corner of said section;Thence North 212 feet;Thence
West 70 feet;Thence South parallel with the East line
of said .Southeast quarter of the Southwest quarter to
a point 8 feet North of the South line of said sub-
division;Thence East to the True Point of Beginning;
Snohomish County,Washington.
WHEREAS,Owner proposes to utilize said property for purposes
related to the operation of the MESSIAH LUTHERAN CHURCH,including a
Sunday school and a religious bookstore;and
WHEREAS,the Owner has requested that the CITY OF MARYSVILLE
rezone the property from the Single-Family Residential classification
to the General Commercial classification;and
WHEREAS,the CITY OF MARYSVILLE has found that·such a rezone is
in the public interest provided that the subject property is used for
a limited scope of commercial purposes;
NOW,THEREFORE,the Owner hereby declares that all real property
described above shall be held,sold and conveyed subject to the follow-
ing restrictions,covenants and conditions,and the same shall run
with the real property and be binding upon all parties having any right,
title or interest in the same,their heirs,successors or assigns,and
shall inure to the benefit of the CITY OF MARYSVILLE:
Rezone Covenant and Agreement - 1
.1.Site Plan.Prior to occupying or improving the subject
property,the Owner shall submit a site plan to the City for approval
by the Ci ty Compliance Officer.All development and improvement of
the property shall be in strict compliance with the approved site plan.
2.Limitation on Uses.The subject property shall only be used
for religious,charitable,educational and other nonprofit,tax-exempt
uses.
3.Legal Requirements.The Owner,its successors and assigns,
shall comply with all city,State and Federal laws and regulations
applicable to the development,occupancy,maintenance and sale of
this property.
4.Recording.This agreement shall be filed in the reocrds of
the Snohomish County Auditor for the purpose of subjecting the sub-
ject property to the restrictions,conditions and limitations herein
set forth which are intended and shall have the force and effect of
deed restrictions and shall be deemed to be covenants running with
the land and binding upon the Owner,its successors and assigns.
5.Enforcement.Any violation of this agreement by the Owner,
its successors or assigns,shall be considered a violation of the
Zoning Ordinance of the City of Marysville and shall be subject to
all applicable penalties.In addition to said remedies,the City
may also e Le ct;to bring such action or actions as will accomplish
specific performance of this agreement.
6.Construction of Agreement.This agreement is concomitant
with Ordinance No.1458 of the City of Marysville rezoning the above-
described property to the General Commercial classification.Nothing
herein shali be considered as being agreed to in consideration ·for
said rezone,nor does the City relinquish its legislative power with
respect to said rezone in consideration for this agreement.
IN WITNESS WHEREOF the Owner has caused these presents to be
executed on the date and year first above written.
MESSIAH LUTHERAN CHURCH
STATE OF WASHINGTON)
)ss
COUNTY OF SNOHOMISH)
I hereby certify that I know or have satisfactory evidence that
7-:p.l(;/hh9.sa-J?Jrtb signed this instrument,on oath
stated that /7~~S authorized to do so,and acknowledged it as
the "ZIt.{S ii~....of MESSIAH LUTHERAN CHURCH to be the
free and voluntary act of such party for the uses and purposes therein
mentioned.
Rezone Covenant and Agreement - 2
.,",.,.~
DATED this ..3 day of -,~=...::ld:::L..~nt-.:.£I.-·,1986.
NOT Y PUBLIC 1n and or the Stata
.of washington,residing atfVjaZsvrlle..
My commission expires 4-1-15
APPROVED:
THE CITY OF MARYSVILLE
MAYOR
APPROVED AS TO FORM:
By r)L _...<lIb aR .eO!~-cr 'CITY~
Rezone Covenant and Agreement - 3
B~..~CLERK
JUl171986
m86 JUL 17 AM!Q:00
OEM,'i.WiLLlAt1S.AUDITOR NO !EXCISE "fAX
SNOHOMISH'COUNTY.WASH',RlEQUURED
~
~K~_r.~.~'--y::.Deouty
day of .~/~n,
Street N.~.,Marysville,
"Owner";
/[~...
REZONE COVENANT AND AGREEMENT
THIS AGREEMENT is entered into this ?
1986,by MESSIAH LUTHERAN CHURCH,4229 -92nd
Washington 98270,hereinafter referred to as
.....-......
~.......~
.'
Filed for Record/at Request of
II
CITY OF MARYSVILLE
":,',':('5'14 DELTA,//
v=(l MARYSVILLE,'WA 98270
.,.
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WITNESSETH:
WHEREAS,Owner owns fee title to real property located at 4229 -
92nd Street N.E.,Marysville,Washington,said property being legally
described as follows:
All that portion of the Southeast quarter of the
Southwest quarter of Section 16,Township 30 North,
Range 5 East,W.M.,Snohomish County,Washington,
described as follows:
Beginning at a point 8 feet North of the South quarter
corner of said section;Thence North 212 feet;Thence
West 70 feet;Thence South parallel with the East line
of said .Southeast quarter of the Southwest quarter to
a point 8 feet North of the South line of said sub-
division;.Thence East to the True Point of Beginning;
Snohomish County,Washington.
WHEREAS,Owner proposes to utilize said property for purposes
related to the operation.of the ~ESSIAH LUTHERAN CHURCH,including a
Sunday school and a religious bookstore;and
WHEREAS,the Owner has requested that the CITY OF MARYSVILLE
rezone the property from the Single-Family Residential classification
to the General Commercial classification;and
WHEREAS,the CITY OF MARYSVILLE has found that such a rezone is
in the public interest provided that the subject property is used for
a limited scope of commercial purposes;
NOW,THEREFORE,the Owner hereby declares that all real property
described above shall be held,sold and conveyed subject to the follow-
ing restrictions,covenants and conditions,and the same shall run
with the real property and be binding upon all parties having any right,
title or interest in the same,their heirs,successors or assigns,and
shall inure to the benefit of the CITY OF t1ARYSVILLE:
Rezone Covenant and Agreement - 1
", •N
,I.Site Plan.Prior to occupying or improving the subject
property,the Owner shall submit a site plan to the City for approval
by the Ci ty Compliance Officer.All development and improvement of
the property shall be in strict compliance with the approved site plan.
2.Limitation on Uses.The subject property shall only be used
for religious,charitable,educational and other nonprofit,tax-exempt
uses.
3.Legal Requirements.The Owner,its successors and assigns,
shall comply with all City,State and Federal laws and regulations
applicable to the development,occupancy,maintenance and sale of
this property.
4.Recording.This agreement shall be filed in the reocrds of
the Snohomish County Auditor for the purpose of subjecting the sub-
ject property to the restrictions,conditions and limitations herein
set forth which are intended and shall have the force and effect of
deed restrictions and shall be deemed to be covenants running with
the land and binding upon the Owner,its successors and assigns.'
5.Enforcement.Any violation of this agreement by the Owner,
its successors or assigns,shall be considered a violation of the
Zoning Ordinance of the City of Marysville and shall be subject to
all applicable penalties.In addition to said remedies,the City
may also elect to bring such action or actions as will accomplish
specific performance of this agreement.
6.Construction of Agreement.This agreement is concomitant
with Ordinance No.1458 of the City of Marysville rezoning the above-
described property to the General Commercial classification.Nothing
herein shall be considered as being agreed to in consideration for
said rezone,nor does the City relinquish its legislative power with
respect to said rezone in consideration for this agreement.
IN WITNESS WHEREOF the Owner has caused these presents to be
executed on the date and year first above written.
MESSIAH LUTHERAN CHURCH
By
STATE OF WASHINGTON)
)ss
COUNTY OF SNOHOMISH)
I hereby certify that I know or have satisfactory evidence thatrp.A//h-~2 S u.?o.r-777 signed this instrument,on oath
stated that ~~was authorized to do so,and acknowledged it as
the '.~k £~<..-of MESSIAH LUTHERAN CHURCH to 'be the
free an~oluntary act of such party for the uses and purposes therein
mentioned.
Rezone Covenant and Agreement - 2
e60117f)OS 1~. I I '
-'"~.'
~
DATED this 3 day of _J-=-_U'-V1...;.--:e..=--,1986.
NO RY PUBLIC ln and for eState
of Washington,residing at ftkr>p,j/'C
My commission expires q-I-r~
APPROVED:
THE CITY OF MARYSVILLE
MAYOR
BY~;CITY CLERK
APPROVED AS TO FORM:
Rezone Covenant and Agreement - 3
'JOL i9l~O PAG£j:561
.~[C"~DJBt&YO:lf_CF PllJ~lLICATICN
CITY OF MARYSVILLE ..
Marysville,Washington
ORDINANCE NO. 1458 No._
AN ORDXNANCE OF THE CITY OF MARYSVILLE REZONING
CERTAIN PROPERTY WITHIN THE CITY LIMITS AND
AMENDING THE OFFICIAL ZONING MAP PREVIOUSLY
ADOFTEO IN ORDINANCE .NO.772
rON,
lh,
WHEREAS,the City Planning Commission held a.pUblic hear-
ing on said rezone on March 11,1986.and submitted formal Findings
of Fact and a recommendation in favor of rezoning said property to
the General Commexcial classification (subject to a Rezone Contract);
and .
-'U.6_._QQ ,which amount has been
8 as it was
ires (and not in supplement form)of
~-~-------------
being first duly sworn
:h week for a period of _.9_n_~con-
dng on the __2_6J~.lL day of J~1~!.s:_h__,
he __~§E!:t__day of ~_a.!-.c:.~__,19_!3_6_,
d that such newspaper was regularly
ribers during all of said period.That
fee charged for the foregoing publi-
s that he is the;.aaCX.~tgIY..--.---_-
~E GLOBE, a weekly newspaper.
a legal newspaper which has been ap-
Superior Court in Snohomish County
ance with Chapter 213 of Washington
now and has been for more than six
rte of the publication hereinafter re-
the English language continually as a
larysville,Snohomish County,Wash-
ld during all of said time was printed
at the aforesaid place of publication
:the annexed is a -true copy of a
------------.
Section 1.The Findings·of Fact of the Planning Commis-
sion with respect to the re%one application of.MESSIAH LUTHERAN
CHURCH are hereby adopted,and the above-described property is
hereby rezoned from the Single-Family Residential ClAssification
~o ehe GenerAl Commercial classifiCAtion '(subject to a Rezone'
Contract).
WHEREAS,the City Council has reviewed said Findings of
Fact and recommendation and finds that the rezon~is in the public ,
~~:::~st a~d i8 consistent with the,Comprehensive PlanJ NOW,THERE-
THE CITY COUNCIL OF THE CITY OF HARYSVILLE,WASHINGTON,
DO ORDAIN AS FOLLOWS:
Section 2.The Official Zoning Hap of the City of Marys-
ville,washIngton,as adopted in 1972,and Section 5.02 of Ordinance
No.772,are hereby amended to reflect the reclassification of the
above-described property..
,Section 3.This ordinance,and the rezone of the suby
ject property which is implemented hereby,are conditioned upon
s~rict ccmpliance by the owner,its heirs,successors and assigns.
WI th ths following conditions:.
WHEREAS,MESSIAH LUTHERAN CHUAC;H is the'owner of the
following-described property located at 4229 - 92nd Street N.E.,
Marysville,washinqton,
All that portion ot the Southeast quarter ot
the Southwest quarter of Section 16,Township
30 NOrth,Range 5 East,W.M.,Snohomish County,
Washington,described as follows:
Beginning st a point 8 feet North of the South
quarter corner of said section;Thence North
212 feet;Thence West 70 feet;Thence south
parallel with the East line of said Southeast
quarter of the Southwest quarter to a point
B feet North of the South lins of said sub-
division;Thence East to the True Point of
Beqinninq I SnohOlllish County,washington •.
WHEREAS,said owner filed a petition with the City Cierk
seeking a rezone of said property from the Single-Family Residential
classification to the General Commercial classification;and .,
(a)The subject property.,shall be used only for -religiou8,
charitable"educational or ,other nonprofit,tax-
exempt purposes.Thia condition 1a further speci-
fied in a Concomitant Rezone Contract recorded in
the records of the Snohomish County Auditor.
(b).Prior to occupancy,the owner'shall deed ten (10)
feet of right-ot-way to the City along the full
abutting frontage on 92nd Street N.E.
(e)Prior to occupancy,curbs,gutters an~sidewalks
shall be installed by the owner along the full
abutting front~ge o~92nd Street N.E.'
ld)Prior to occupancy,the owner shall present a site
plan for development of the property,including a
proposed parking area,for approval by the City
Compliance Officer.
1 to before me this __!~L ..
~.'.
i:--c'1~:~~
lc in and for the Stal£of WashIngton,'
Residing at MarySVille.
PASSED by ihe City Council and APPROVED by the Mayor this'24th day Of •
•March,1986.
THE CITY OF MARYSVILLE
By Norman Anderson,Mayor
ATTEST:By Phillip E.Dexter,City Clerk '.
APPROVED AS TO.F.ORM: by James H.Allendoerfer,City Attorney
Published:MarCh,29.1986 .
v'
-c
to before me this -_!~c ,
Ie In '~d ::~~~~~~'
Residing at Marysvllle.
Subscribed and sworn
day of
said newspaper once each week for a period of _Stn_~con-
secutive weeks,commencing on the __2_6J;.lL day of J:1§.ir.s:JL,
1989__, and ending on the __~~!-E__day of !1_a_~<:~__,19_~_6_,
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 the sum of $_H.6_._QQ ,which amount has been
paid in full -d~-~----_
STATE OF WASHINGTON,
County of Snohomish,
ss.
No._
-----.Qr:.dioanc.e...Jtl458 as it was
published in regular issues (and not in supplement form)of
on oath deposes and says that he is the ,~c..:r;:~tg:ry-.__.._
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
(e)It will.while
outstanding.keep propel
records in ~hich camp let
be made of all trans.cti
Waterworks Utility.and
quent owner or owners of
sh.'ll be owned by other
.the written request of s
operetin9 end income Btl
Utility in reasonable de
year,showing the finan~
and sewer departments ae
and conditions of this (
days after the close of ,
will grant any owner or,
outstanding Bonds the [1
to inspect the entire Wi
records,accounts and di
thereto.Upon request I
Bonds,it also will furl
the most recently compl'
accounts by the State Ai
other audit as is autho
(f)"It wi11 not f:
sewage disposal to any I
charge and will promptl
collection of all dell~
(g)"It ~ill carry
•properties of the w~te~
the amounts normally ca
sewer companies engaged
sewerage systems.a~d t
shall be considered a ~
nance Expenses.If,as
.~~i~~s~~a~~:~~~:n~it
and maintain such insul
of such Utility on whic
be written in an amount
quately the value ther.,
(h)It will pay I
Expenses and otherwise
City as herein set fori
(il It will not I
funds for the payment j
-_:....--,......_......,,........,---
,actually paid from such R
Utility and not from ULID
. of Operating and Hainten.
the··Coverlge Requirement
amount of'debt service au
shall be deducted from th
interest required to be F
equal to the percentage 0
year on each issue of out
Bonds,Bonds and 'any Futu
percentage arrived at by
amount of the ULID Assess
to the Bond Fund in that
principal amount of such
ULIOs are involved,only'
portion of any parity bor
Assessments shall be subi
Requirement.
,(d)It will not sel
manner encumber or dispo!
Waterworks Utility of ,thl,
made for payment into thl
cient to pay the pr i nc i pi-
bonds payable out of the
standing,and it will 001
any manner encumber or di'
property of such WaterwOI
is used,useful and mate~
t thereof,unless provisior
thereof.or for payment'
total amount of Revenue
less than an amount whic,
to the amount of outsta~
Bond Fund as the Revenue
for debt service for sucl
twelve months preceding
or disposal from the po r:
Utility sold.leased.en
to the Revenue available
bonds from the entire W.
period.,'Any such money
sha 11 be used to reti're
earliest possible date.
Oversize
document
to be inserted
here