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Home My WebLink AboutO-1880 - Rezone (Special)CIT Y 0 F MAR Y S V ILL E Marysville,washinqton ORDINANCE NO.Jfr<60 AN ORDINANCE OF THE CITY OF MARYSVILLE,WASHINGTON REZONING PROPERTY OWNED BY TED SCHMELZER,AND AMENDING THE OFFICIAL ZONING MAP PREVIOUSLY ADOPTED IN ORDINANCE NO.772. WHEREAS,Ted Schmelzer owns 23.73 acres located southeast of the intersection of 67th Avenue N.E.and 61st Place N.E.,said property being legally described in EXHIBIT A attached hereto; and WHEREAS,Ted Schmelzer applied to the city for a rezone from RS-9600 to PRD-9600 and for preliminary plat approval,and approval of a binding site plan under File PA 8909052;and WHEREAS,the City Hearing Examiner held a pUblic hearing on said rezone,preliminary plat and binding site plan on January 9, 1992 and adopted Findings of Fact,Conclusions and a Recommendation approving the rezone,preliminary plat and binding site plan of Ted Schmelzer,sUbject to fifteen conditions;and WHEREAS,the City Council had a pUblic meeting .on said rezone,preliminary plat and binding site plan on February 10, 1992 and concurred with the Findings of Fact,Conclusions and Recommendations of the Hearing Examiner;NOW,THEREFORE, THE CITY COUNCIL OF THE CITY OF MARYSVILLE,WASHINGTON,DO ORDAIN AS FOLLOWS: section 1.The Findings of Fact,Conclusions and Recommendation of the Hearing Examiner with respect to the above- referenced rezone,preliminary plat and binding site plan application are hereby approved,and the above-described property is hereby rezoned from RS-9600 to PRD-9600. section 2.The zoning classification for the above- described property shall be perpetually conditioned upon strict compliance with each of the conditions set forth in the Recommendation of the Hearing Examiner.Violation of any of the conditions of said decision may result in reversion of the property to the previous zoning classification and/or may result in enforcement action being brought by the City. section 3.The Official Zoning Map of the City of Marysville,as adopted in section 5.02 of Ordinance No.772 is ORDINANCE - 1 hereby amended to reflect the reclassification of the above- described property. section 4.This decision shall be final and conclusive with the right of appeal by any aggrieved party to the Superior court of Snohomish county by writ of Certiorari,writ of Prohibition or writ of Mandamus within fifteen calendar days after the passage of this ordinance. ~PASSED by the city council and APPROVED by the Mayor this ;).'-/-'1 day of February,1992. CITY OF MARYSVILLE ::(2p~CitY Clerk Approved as to form:BY~K.iA/.y£} city Attorney Mayor Date of Publication: Effective Date (5 days after pUblication): ORDINANCE - 2 Exhibit "A" Ordinance 1880 PA8909052 LEGAL DESCRIPTION That portion of the Southwest 1/4 of Section 26,and the Northwest 1/4 of Section 35,all in Township 30 North,Range 5 East,W.M.described as follows:Commencing at the south- west co r ne r r o f said Section 26;.thence NOOo33'53'IE along the west line therof 457.50 feet to the south margin extended westerly of 51st Pl.NoE.;thence N89°16 100 11E along said margin extension and said southerly margin 330.08 feet to the True Point of Beginning of the herein described tract;Said point being on a line that lies parallel with and 330.0 feet East of when measured at right angles to the west line of said Section 26;thence continue N89°16'OO"E along said southerly m-argin of 51st Pl.N.E ..632.67 feet;thence SOOo 3J I-53"W 447.56rfeet to the south line of said Section 26i thence N~.040'3211Ealong said south sec~ion line 365.59 feet to the Northeast corner of the Northwest 1/4 of the North- west 1/4 of said Section 35~Township 30 North,·Range 5 East W.M.;thence SOooSS'12 1IW along the east line thereof 664.52 feet to the south line of the north half of the North- west 1/4 of the Northwest 1/4 of said Section 35;"thence S89°01 '44"Walong said south line 1296.75 feet to the easterly margin of 67th Avenue N.E.as it now eXists;thence N00047 1 03"£along said margin parallel with the west line of said Section 35·,Township 30 North, Range 5 East W.M.328.23 feet to the north line of the south half of the north half of the said Northwest 1/4 of the Northwest 1/4 of Section 35;thence N88·51 '07"E along said north line 327.19 feet to a line that lies parallel with and 357.0 feet east of when measured at right angles to the west line of said Section 35,Township 30 North,Range 5 East W.M.i thence NOO·47'03"E along said parallel line 329.24 feet to the south line of said Section 26,Township 30 North,Range'~East W.M.;thence S88°40 '32 1IW along said south line 27.06 feet to a point on the line·that lies parallel with and 330.0 feet East or when measured at right.anglE;'!s to the west line of said Section26;thence N00033 1-53 11E along said parallel line 454.09 feet to the True Point of B~ginning..