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HomeMy WebLinkAboutO-1678 - Amends rezone (Special)·vfec.,ok-Rb/ p Ptct.V)Y11'Y)~ CIT Y 0 F MAR Y S V ILL E Marysville,Washington ORDINANCE NO.I ro 7? AN ORDINANCE OF THE CITY OF MARYSVILLE AMENDING REZONE ORDINANCE 1426 RELATING TO THE PROPERTY KNOWN AS MARY'S OLDE NURSERY,AND TERMINATING A ZONING AND DEVELOPMENT AGREEMENT DATED JUNE 26,1985. WHEREAS,Olde West,a limited partnership,Dick Pedersen, General Partner,and Mary's Olde Nursery,a limited partnership, Dick Pedersen,General Partner,are the owners of certain real property located at 4602 80th Street N.E.,Marysville, Washington,the same being legally described in Exhibit A attached hereto;and WHEREAS,on July 8,1985 the city enacted Ordinance 1426 rezoning said property to the Medium Density MUltiple Family Classification,sUbject to the terms of a Zoning and Development Agreement dated June 26,1985 and recorded in the records of the Snohomish County Auditor under File No.8508070063;and WHEREAS,the owners of said property have revised their plans by replacing the construction of a 40-unit retirement home with the construction of a 36-unit apartment complex;and WHEREAS,the City Council held an advertised pUblic hearing on said proposed change on March 6,1989,and found that said change is consistent with the pUblic interest;NOW,THEREFORE, THE CITY COUNCIL OF THE CITY OF MARYSVILLE,WASHINGTON DO ORDAIN AS FOLLOWS: section 1.Ordinance 1426,enacted by the Marysville City Council on July 8,1985,is hereby amended so as to accept the Binding site Plan dated "",,,ve-\.,~,198(1 for the construction of a 36-unit apartment complex on the subject property. section 2.The Zoning and Development Agreement executed by the parties on June 26,1985 and recorded in the records of the Snohomish County Auditor under File No.8508070063 is hereby REPEALED and of no further force or effect. PASSED by the City Council and APPROVED by the Mayor this b -tV\day of ~"c.J,,1989. MAYOR ORDINANCE - 1 Approved as to form: BY(?j...~~ay Date of Publication: Effective Date (5 days after publication): ORDINANCE - 2 -"' EXHIBIT "A" DESCRIPl'IO~f: That portion of the SouthweGt qUilrter of the SoulheilGt qU.:lrter ot Section 2Y,Township 30 North,Rilnge 5 EilGt,W.M.,dC5cribed .:IS follows: Beginning at the Northeast corner of said Southwest quarter ot the Southeast quarter and running thence I'lest 480 feet,more or less,to the Northeast corner of a tract of land conveyed to A.G.Sorenson and V.H.Godkin,by Deed recorded in Volume 246 of Deeds,page 93,under Auditor's FileNo.441665,records of said County,the true place of beginning;thence South along the East line of said Tract,27 1/2 rods;thence East 96 feet;thence North 27 1/2 rods;thence I'lest 96 feet to the true point of beginning; EXCEPT County Road; AND EXCEPT that portion thereof lying Southerly of the following described line: Commencing at the Northeast corner of the Southwest quarter of the Southeast quarter of said Section 21;thence North 89°52'39" West .along the North line of said SUbdivision,for 384 feet;thence South 00 °55'53"East,parallel with the East line of said subdivision,for 435.49 -feet to an existing fence and the true point of beginning; thence South 89°46'22"West along'said fence to the West boundilry of the herein decribed property,the end of said line; AND EXCEPT that portion thereof granted to Public utility Distr ict No. 1 of Snohomish County,by Warranty Deed recorded on June 21,1979 under Auditor's File No.7906210336. All situated in the County of Snohomish,State of Washington. .... All that portion of the Southwest 1/4 of the Southeast 1/4 of Section 21.Township 30 North,Range 5 East,W.M.,described as follows: 'Beginning at a point 384 feet West of'the Northeast Corner of said Southwest 1/4 of the Southeast 1/4,the true point of beginning; Thence South 453.75 feet; Thence East 96 feet; Thence North 27 1/2 rods; Thence West 96 feet to the true point of beginning; EXCEPT County Road along North side;and EXCEPT THE South 20 feet of the following described property, to wit: Beginning at the Northeast corner of the Southwest 1/4 of the Southeast 1/4 of Section 21,Township 30 North,Range 5 East,W.M., and ru=ing Thence West 288 feet; Thence South'371.75 feet; Thence East 288 feet; Thence North 371.75 feet to the point of beginning; EXCEPTING therefrom right of way of County Road; ALSO Beginning at the Northeast corner of the Southwest 1/4 of the Southeast 1/4 of Section 21,TOw~ship 30 North,Range 5 East, W.M.;. Thence North 89"52'39"West along the North line of said sub- division for 288.00 feet; Thence Soueh O·55'53"East parallel wieh the Ease line of said subdivision 'for 434.91 feee to an existing fence and ehe true point of beginning; Thence South O·55'53"East parallel wieh the East line of said subdivision for 18.84 feet; Thence North 89·52'39"West parallel with the North line of said subdivision for 96.00 feet; Thence No r ch O·55'53"Wes'e parallel with the East line of said subdivision for 18.26 feet to an existing fence; Thence North 89·46'22"East along an existing fence for 95.99 feet to the true point of beginning as deed to Mabel Maginnis in Quit Claim Deed recorded,under Auditor I s File No.2312038; Situate in the County of Snohomish,State of Washington.