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Home My WebLink AboutO-1513 - Rezone (Special)CIT Y 0 F MAR Y S V ILL E Marysville,Washington ORDINANCE NO.1£13 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,G.Paul Ware and Ware &Young Investments,Inc.own certain real property located at 1602 -4th Street N.E.,and 1606 - 4th Street N.E.,Marysville,Washington,said properties being legally described as follows: Lots 8 and 9,Block 6 H.B.Meyers Addition to the City of Marysville:Snohomish County,Washington WHEREAS,said owners filed a petition with the City Clerk seek- ing a rezone of said property from the single family residential classification to a community business classification:and WHEREAS,the City Planning Commission held a public hearing on said rezone on January 27,1987 and submitted formal findings of fact and a recommendation to grant said rezone:and WHEREAS,the City Council considered said recommendation at a public meeting on February 9,1987,and found that the rezone was in the public interest and was consistent with the comprehensive plan;NOW,THEREFORE, THE CITY COUNCIL OF THE CITY OF MARYSVILLE,WASHINGTON DO ORDAIN AS FOLLOWS: Section 1.The findings of fact of the Planning Commission with respect to the above-referenced rezone application are hereby adopted by reference. Section 2.The above-described property is hereby rezoned from the single family residential classification to the community business classification,subject to the terms and conditions of a rezone contract executed by the owners and recorded in the records of the Snohomish County Auditor.The official zoning map of the City of Marysville,as adopted in 1972,and Section 5.02 of Ordinance No.772,are hereby amended to reflect said reclassification. PA~D by the City Council and APPROVED by the Mayor this r~ day of He ,1987. APPROVED City Ordinance Filed for record at request of: Name _ Address _ City/State _ CONCOMITANT REZONE AGREEMENT This Agreement is made and entered into this ~22 -."p day of ~,19~by G. Paul Ware and Ware &Youriq'Investments,Inc., herei~referred I t.o as "0wnerft: WITNESSETH : WHEREAS,the Owner is the title-holder of certain real property located at 1602 &1606 -4th Street N .E.,Hartsville,Washington, ("the Propertytl),the same being legally:described as follows: Lots 8 and 9,Block 6 H.B.Meyers'Additions to the City of Marysville;Snohomish County,Washington and WHEREAS,the OWner applied to the City of Marysville for a rezone of the Property from the single family residential Classification to the cemnuni'l2l business .Classificati~n, and said rezone was granted by the Marysville City Council by the passage of Ordinance #1.5"13 on Febmary 9,..__,19-82.-..;and WHEREAS,the City of Marysville has found that said rezone is in the public interest,provided that development of the Property is_planned and implemented in accordance with certain standar~s,conditions and requirements which shall be documented herein and hereafter considered to be an integral part of the zoning restrictions applicable to the Property;NOW,THEREFORE, THE OWNER HEREBY AGREES AS FOLLOWS: 1.Site Plan Restricting Development.A site plan has been approved by the City as part of the rezone,and said plan is incorporated herein by this reference.Copies of the same may be obtained from the files of the Compliance Officer,City Hall, Marysville,514 Delta,Marysville,Washington..All development of the Property shall be in strict conformance with said plan, and this restriction shall constitute a covenant running with the land and shall be binding upon the OWner,its successors and assigns.The plan may be modified or amended,upon application of the OWner, by administrative action of the City Compliance Officer;provided,that this authority shall be limited to Concomitant Rezone Agreement - 1 ~.' ............-..~:.." ·-:»,-.:-.....:"'!'•.;.........:.--"........_•••,,.••••~. ,,,( amendments of a minor nature which cause no increase in intensity of use,and which do not reduce performance standards or increase the detrimental impact of the zone on adjoining properties. Requests for substantial modification to the plan shall be submitted to the Planning commission and City Council for rehearing asa new rezone application. 2.Restriction on uses.There shall be no retail uses on the Property except those which are incidental and accessory to business and professional offices located thereon. 3.Joint use of parking lot.The joint use of the parking lot by the Properties located at 1602 and 1606 -4th Street N.E.,Marysville, Washington shall be documented by a legal instrument signed by the owners and recorded in the records of the Snohomish County Auditor, as required by Section 19.36.070 of the Marysville Municipal Code. 4.Legal Requirements.The Owner,and its successors and assigns,shall comply with all City ordinances and regulations applicable to the development and use of the Property,and nothing herein shall be construed as superseding said ordinances and regulations. 5.Recording.This Agreement shall be filed in the records of the Snohomish County Auditor for the purpose of subjecting the Property to the restrictions,conditions and limitations herein set forth which are intended to 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. 6.Enforcement.Any violation of_this Agreement by the OWner,its successors or assigns,shall be considered a violation of the Marysville Municipal Code and shall be subject to all applicable penalties.In addition to·-said remedies,the City of Marysville may also elect to bring such action or actions as will accomplish the specific performance of this Agreement,and the co?ts of the same,including reasonable attorney fees,shall be borne by the prevailing party. 7.Construction of Agreement.This Agreement is con- comitant with the action of the Marysville City council rezoning the Property as specified below.Nothing herein shall be construed 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. 8.Effective Date.This Agreement shall become effective concurrently with the effective date of the above-referenced Rezone Ordinance of the City Council of the city of Marysville. Concomitant Rezone Agreement - 2 IN WITNESS WHEREOF,the Owner has caused the~e present to be executed on the date and year first above wrl !:en. ., / / WARE &YOUNG INVESTMENTS,INC • ,IC~, STATE OF WASHINGTON) )ss COUNTY OF SNOHOMISH) ~,1987.. a1J:!/c<&d~ State of washington,residing at rrlft1ZJ1S VI L,l-£ My Commission Expires:~-~/-qD .-.....'..~:~ I hereby certify that I know or have satisfactory evidence that G.PAUL WARE signed this instrument and acknowledged it to be his free and voluntary act for the uses and purposes therein mentioned. rJJ) DATED this ~day of STATE OF WASHINGTON) )ss COUNTY OF SNOHOMISH) :~,. " ' .,...... ," )•;.",..I.,.•w I. ~~t' oJ ••' • \ {--:::,....",'"\ " ~,1987.-2t~n~~~#-?U State of Washington,residing at MfUZJ1S II I L{.J~. My Commission Exp~res:~-~/-'iD HAYOR I hereby certifx that I know or have satisfactory evidence that·CcL,1 VE.-I/Vrrre:.£,signed this insturment,on oath stated thGt h~was authorized to do so,and acknowledged it as the fffTZ.-rtJ ~JZ:.of WARE &YOUNG INVESTMENTS,INC.to be the.free and voluntary act of such party for the uses and purposes therein mentioned. DATED this ~~~ay of ACCEPTED BY THE CITY 0 ~mRYSVIL Concomitant Rezone Agreement ~3 AFFIOAV~T (OJ~l?UBLICATICN ---------QI:diDanclL~l5J,.3__---.:.as it was published in regular issues (and not in supplement form)of --~--~------------- Subscribed and sworn to before me this --------~-day of --m~<:lt7~;~-~I~_?-.,;~ra'"Y·~;·th~·~t,Z~ ResIding at MarysvllIe. No._ STATE OF WASHINGTON, County of Snohomish, S8. on oath deposes and says thatsheis the-se!:.Le.tary._..__. _ of THE MARYSVILLE GLOBE, a weekly newspaper. That said newspaper is a legal newspapt!r 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 said newspaper once each week for a period of _Q!1~con- secutive weeks,commencing on the -~9.th.__day of -Ae!:"~J._, 19~?__,and ending on the __~~~~__day of ---_~J:r.:~~19_~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- CITY OF MARYSVILLE Marysville,Washington ORDINANCE NO. 1513 AN ORDINANCE OF THE CITY OF MARYSVILLE REZONING CERTAIN PROPERTY WITHIN THE CITY LIMITS AND AMENDING THE OFFJCIAL ZON- ING MAP .PREVIOUSlY ADOPTED IN ORDINANCE NO. 772 WHEREAS,G.Paul Ware and Ware & Young Investments.Inc. own certain real property located at 1602. 4th Street N.E., and 1606 -4th Street N.E.,Marysville, Washington,said properties being legally described as follows:. Lots 8 and 9.Block 6 H.B.Meyers Ad.d.- tion to the City of Marysville:SnohomiSh County.Washington .. WHEREAS,said own.ers flied a petition with the City Clerk seekmg a rezone of sC!ld property from the single famll.y residential classification to a communIty business classification:and . WHEREAS,the City Planning .Commls- sion held a public hearing on seld rezone on January 27. 1987and subrnttted f~rmal findings of fact and a recommendation to grant said rezone;and WHEREAS.the City Council conslde~ed said recommendation at a publlc meetmg on February 9,1987,~nd found that the rezone was in the public Interest and was consistent with the comprehensive plan; NOW.THEREFORE, THE CITY COUNCIL OF THE CITY OF MARYSVILLE.WASHINGTON DO OR- DAIN AS FOLLOWS: Section 1.The findings of fact of the Planning Commission with respee~to the above'referenced rezone application are hereby adopted by reference. Section 2.The above-deserl~ed property is hereby rezoned from .tne Single fam!ly residential classification to the communi:' business classification.suetect tOt t ~ terms and conditions of a rezone con rae executed by the owners and recorded in the records of the snonom Ish County Auditor The Official zoning map of the CI- ty Of Marysville.as adopted in 1972,and Section 5.02 of Ordinance NO.772.are hereby amended to reflect saId reclassification.p PASSED by the City Council and A - PROVED by the Mayor thiS 9th day of February,1987. THE CITY OF MARYSVILLE By Norman R.Anderson MAYOR ATTEST:By Phillip E.Dexter CITY CLERK APPROVED AS TO FORM:By James H.Allendoerfer CITY ATTORNEY PubliShed on April 29,1987.