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Home My WebLink AboutO-1601 - Rezone (Special)d~~v(j01>.,J,. 3-;+wc.. 1-'-P..Lv,CIT Y 0 F MAR Y S V ILL E Marysville,Washington ORDINANCE NO.I b 0 I AN ORDINANCE OF THE CITY OF MARYSVILLE REZONING THE FRANK ROYAL PROPERTY AND AMENDING THE OFFICIAL ZONING MAP PREVIOUSLY ADOPTED IN ORDINANCE NO.772. WHEREAS,Frank W.Royal and Belmark Industries (hereinafter referred to as "OWners")own certain property located at 4529 - 80th Street N.E.,Marysville,Washington,the legal description of which is attached hereto as Exhibit A and incorporated herein by this reference;and WHEREAS,said Owners filed a petition with the City Clerk seeking a rezone of said property from the Residential 7200 classification to the Low Density Multiple Family Residential classification;and WHEREAS,the City Planning Commission held a public hearing on said rezone on March 22,1988 and adopted formal Findings of Fact on a recommendation that the subject property be rezoned as requested;and WHEREAS,the City council held a public meeting on said rezone on March 28,1988 and finds that the rezone is in the public interest and is 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,and the above-described property is hereby rezoned from the Single Family Residential 7200 classification to the Low Density Multiple Family Residential classification, subject to the following conditions: a.The property shall be developed in accordance with the binding site plan approved by the Planning Commission on March 22,1988.Any material variation in the building layout or design shall require review and approval by the Planning Commission prior to commencement of construction. b.At the time of development of the property,and prior to final approval of any structures,the owners shall construct frontage improvements for the full width of the property abutting 80th Street N.E.,including curbs, gutters,sidewalks and storm drainage. ORDINANCE - 1 Section 2.The official zoning map of the City of Marys- ville as adopted in 1972,and Section 5.02 of Ordinance No.772, are hereby amended to reflect the reclassification of the above- described property. Je~PASSED by ~e City Council and APPROVED by the Mayor this day of ~r;1 ,1988. CITY OF MARYSVILLE Attest: BY¥~ Approved as to Form: CITY CLERK MAYOR Date of Publication: Effective Date (5 days after publication): ORDINANCE - 2 EXHIBIT A West 420 feet to portion of the of Section 21, mj SCHEDULE C ORDER NO.16687 THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF WASHINGTON,COUNTY OF SNOHOMISH AND IS DESCRIBED AS FOLLOWS: That portion of section 21,Township 30 North,Range 5 East, W.M.,described as follows: Beginning at the center of section 21,Township 30 North, range 5 East,W.M., thence South 89 degrees 57 minutes 10 seconds East along the East-West center line of said Section for 821.33 feet; thence south!degree 10 minutes 02 seconds East 850.95 feet,to the true point'of"beginning; .thence North 89 degrees 52 minutes 39 seconds East 92.20 feet; thence South 1 degree 0 minutes 02 seconds East 420 feet; .thence South 89 degrees 52.minutes 39 seconds west,for 92.20 feet;.. ·"···"····~-thence North'l-degree 10.·minutes 02 seconds the true point of.beginning,being A Northwest quarter of Southeast quarter .Township 30 North,.Range 5 East,W.M., EXCEPT the South 10 feet conveyed to the City of Marysville under Auditor's File No.8801060245. situate in the County of Snohomish,State of washington. END OF SCHEDULE C .Page 5 of 5 EXHIBIT A CITY OF MARYSVILLE uLID NO.63 LEGAL DESCRIPTION (Revised 3/9/88) That portion of Section 27,Township 30 North,Range 5 East,W.M.,described as follows: BEGINNING at a point on the South margin of Hickock Road at the East line of the Southwest quarter of said section; thence South along said East line to the South line of the North 328.79 feet of the East half of the Southeast quarter of said Southwest quarter; thence West parallel to the North line thereof to a point 137.72 feet East of the Southwest corner of said East half; thence North 1°47'56" East 308.79 feet more or 1ess to the South margin of Hi ckock Road di stant 147.59 feet East and 20.0 feet South of the Northwest corner of said East half; thence West along the South margin of Hickock Road,also known as 64th Street N.E.,also known as S.R.528 to the West line of the Southeast quarter of said Southwest quarter; thence South along said West line to the South margin of S.R. 528; thence Westerly and Southwesterly along said margin to the West margin of 53rd Drive N.E.(Clayton Street as platted in the Park Addition,Volume 2 of Plats, Page 61,Records of Snohomish County,Washington); thence North along said West margin and its Northerly projection to the North line of the Northwest quarter of the Southwest quarter of said section; thence East along said North line to the Southwest corner of the Southeast quarter of the Northwest quarter of said section; thence North 390.00 feet,more or less,to the Southwest corner of Parkside Manor,as recorded in Volume 24 of Plats,Pages 110 and 111,Records of Snohomish County,Washington; thence Easterly along the South 1i ne of said plat to the East 1ine of the Southeast quarter of the Northwest quarter of said section; thence South along the East line of said subdivision to the Southeast corner thereof; thence East along the North line of the Southeast quarter of Section 27 to the West margin of 67th Avenue N.E.; thence South along said West margin and its Southerly projection through the margin of 64th Street N.E.and continuing South along said West margin to the South line of the North 440.00 feet of the Southeast quarter of the Southeast quarter of Section 27; thence West along said South line to the West line of the East 750.00 feet of said subdivision; thence North along said West line to the South margin of Hickock Road; thence West along said South margin to the East line of the Southwest quarter of said section and POINT OF BEGINNING of this description. L5-1500.332 certified that estimate to the City Council,together with all papers and information in its possession touching the proposed improvement,a description of the boundaries of the proposed local improvement district and a statement of what portion of the cost and expense of the improvement should be borne by the property within the proposed district;and WHEREAS,that estimate is accompanied by a diagram of the proposed improvement showing thereon the lots,tracts,parcels of land,and other property which will be specially benefited by the proposed improvement and the estimated cost and expense thereof to be borne by each lot,tract and parcel of land or other property;and WHEREAS,due notice of the above hearing was given in the manner provided by law,and the hearing was held by the City Council on the date and at the time above mentioned,and all objections to the proposed improvement were duly considered and overruled by the City Council,and all persons appearing at such hearing and wishing to be heard were heard;and WHEREAS,the City Council has determined it to be in the best interests of the City that the improvement as hereinafter described be carried out and that a local improvement district be created in connection therewith;NOW,THEREFORE, THE CITY COUNCIL OF THE CITY OF MARYSVILLE,WASHINGTON,DO ORDAIN as follows: Section 1.The City Council of the City of Marysville, Washington (the "City"),orders the improvement of a portion of - 2 - 64th Street Northeast within the City limits from 150 feet west of 53rd Avenue Northeast to 200 feet east of 67th Avenue Northeast by the reconstruction of the roadway to a 56-foot width and the installation of concrete curbs and gutters and a 5-foot sidewalk adjacent to all properties presently in the City limits,and installation of a storm drainage system,right-of- way acquisition and illumination. All of the foregoing shall be in accordance with the plans and specifications therefor prepared by Hammond,Collier & Wade-Livingstone Associates,Inc.,consulting engineers,and may be modified by the City Council as long as the modification does not affect the purpose of the improvement. Section 2.There is created and established a local improvement district to be called Local Improvement District No.63 of the City of Marysville,Washington (the "District"), the boundaries or territorial extent of which District are more particularly described in Exhibit A attached hereto and by this reference incorporated herein. Section 3.The total estimated cost and expense of the improvement is declared to be $781,000,approximately $100,000 of which shall be paid by the City and the balance of which cost and expense shall be borne by and assessed against the property specially benefited by such improvement included in the District which embraces as nearly as practicable all property specially benefited by such improvement. - 3 - ,, Section 4.In accordance with the provisions of RCW 35.44.047,the City may use any method or combination of methods to compute assessments which may be deemed to fairly reflect the special benefits to the properties being assessed. Section 5.Local improvement district warrants may be issued in payment of the cost and expense of the improvement herein ordered to be assessed,those warrants to be paid out of the Local Improvement Fund,District No.63,hereinafter created and referred to as the Local Improvement Fund,and,until the bonds referred to in this section are issued and delivered to the purchaser thereof,to bear interest from the date thereof at a rate to be established hereafter by the City Finance Director, as issuing officer,and to be redeemed in cash and/or by local improvement district bonds herein authorized to be issued,those interest-bearing warrants to be referred to hereafter as "revenue warrants."In the alternative.the City hereafter may provide by ordinance for the issuance of other short-term obli- gations pursuant to Chapter 39.50 RCW. The City 1S authorized to issue local improvement district bonds for the District which shall bear interest at a rate and be payable on or before a date to be fixed hereafter by ordi- nance.The bonds shall be issued in exchange for and/or in redemption of any and all revenue warrants issued hereunder or other short-term obligations hereafter authorized and not redeemed in cash within twenty days after the expiration of the thirty-day period for the cash payment without interest of - 4 - assessments on the assessment roll for the District.The bonds shall be redeemed by the collection of special assessments to be levied and assessed against the property within the District, payable in annual installments,with interest at a rate to be fixed hereafter by ordinance under the mode of "payment by bonds,"as defined by law and the ordinances of the City.The exact form,amount,date,interest rate and denominations of those bonds shall be fixed hereafter by ordinance of the City Council.The bonds shall be sold in the manner hereafter deter- mined by the City Council. Section 6.In all cases where the work necessary to be done in connection with the making of the improvement is carried out pursuant to contract upon competitive bids (and the City shall have and reserves the right to reject any and all bids), the call for bids shall include a statement that payment for the work will be made in cash warrants drawn on the Local Improve- ment Fund. Section 7.The Local Improvement Fund for the District is created and established in the office of the City Finance Director.The proceeds from the sale of revenue warrants or other short-term obligations drawn against the fund which may be issued and sold by the City and the collections of special assessments,interest and penalties thereon shall be deposited in the Local Improvement Fund.Cash warrants to the contractor or contractors in payment for the work to be done by them in connection with the improvement and cash warrants in payment for - 5 - all other items of expense in connection with the improvement shall be issued against the Local Improvement Fund. Section 8.Within fifteen (15)days of the passage of this ordinance there shall be filed with the City Finance Director the title of the improvement and District number,a copy of the diagram or print showing the boundaries of the District and the preliminary assessment roll or abstract of such roll showing thereon the lots,tracts and parcels of land that will be specially benefited thereby and the estimated cost and expense of the improvement to be borne by each lot,tract or parcel of land.The City Finance Director shall post the proposed assess- ment roll immediately on his index of local improvement assess- ments against the properties affected by the local improvement. PASSED by the City Council and APPROVED by the Mayor of the City of Marysville,Washington,at a regular open public meeting thereof,this 11th day of April,1988. ATTEST: ~it~ APPROVED AS TO FORM: 1 3 2 S m - 6 -