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Home My WebLink AboutR-1716 - Granting a utility variance for the Maxine Penix Property located at 5623 83rd Avenue NE Everett Washington-~.. CITY OF MARYSVILLE Marysville,Washington RESOLUTION NO.17/re A RESOLUTION OF THE CITY OF MARYSVILLE GRANTING A UTILITY VARIANCE FOR THE MAXINE PENIX PROPERTY LOCATED AT 5623 -83RD AVENUE N.E., EVERETT,WASHINGTON. WHEREAS,Maxine Penix applied for a utility variance for a water connection without sewer for property located at 5623 - 83rd Avenue N.E.,Everett,Washington 98205;and WHEREAS,on November 28,1994 the City Council of the City of Marysville held a public meeting concerning the variance application,and made the following findings: 1.The applicant's property is within the City's Coordinated Water System Plan,but outside the City's Rural Utility Service Area. 2.The applicant's existing wells are inadequate insofar as the water is not drinkable.The principal well,Well #1,has recently tested unsatisfactory for drinking. 3.There is a City water supply main fronting the applicant's property;however,it does not necessarily have adequate pressure at all times and there are frequent shut-downs of the water main which could impact continuity of service to the applicant's property. 4.The applicant provided testimony that it would be infeasible to drill a third well on the property,and provided convincing evidence that the benefit received by providing public water from the City's supply main,even though it is not wholly adequate in terms of pressure and continuity of service, outweighs the alternative of hauling water by hand or attempting to drill another well. 5.The provision of public water can be conditioned by the City and the applicant entering into an agreement which limits the extent of the service provided and discloses the limiting conditions of the water system to which the property would be connected. 6.In light of the above-referenced findings,the granting of this variance will not materially be detrimental to the public interest nor the environment. 7.The granting of this variance will not be inconsistent with the City's long-range plans for utility availability,as this variance will be limited to the service of one single-family RESOLUTION - 1 /mv/penix.res ;"......,,"",~..., residence. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MARYSVILLE,WASHINGTON AS FOLLOWS: The variance for the applicant's connection to City water without sewer for property located outside of RUSA is hereby granted,subject to the execution of an agreement between the applicant and the City which provides for the following: a.The variance shall be for one single-family residence only. b.Any booster pumps required to serve the property shall be installed and maintained by the owner. c.As a condition of granting water service,the applicant shall execute a covenant agreeing not to protest the formation of a ULID. d.Disclosure of anticipated maintenance shut-downs and low water pressure. e.Inclusion of indemnification language. f.Agreement to switch over to the 490 pressure zone at applicant's expense as it becomes available. Any party aggrieved by this resolution shall have the right to file an application for a writ of certiorari in Snohomish County Superior Court;PROVIDED,that the application must be filed and served within 20 days of the date of this resolution. ~PASSED by the City Council and APPROVED by the Mayor this L 'I day of January,1995. CITY OF MARYSVILLE By (}M~ ATTEST: CITY CLERK Approved as to form: By ~K.&..../.he.f •CITY ATTORNEY RESOLUTION - 2 /Tmf/penix.res Filed for Record at Request of: CITY OF MARYSVILLE 514 DELTA AVENUE MARYSVILLE,WA 98270 AGREEMENT FOR WATER SERVICE THIS AGREEMENT is entered into this 9#"day of January, 1995 by and between the City of Marysville,hereinafter the "City,"and Maxine Penix,hereinafter "Customer,"as follows: 1.The City agrees to provide the Customer with water service only for the property located at 5623 -83rd Avenue N.E., Everett,Washington 98205,subject to the conditions and limitations set forth in City Resolution No./7/G 'which is hereby incorporated in its entirety by this reference. 2.The provision of water service to the Customer shall be subject to the following conditions and limitation: a.The water service shall be provided for one single-family residence only and shall not be utilized for any other property. b.The Customer shall provide a booster pump and/or all other equipment necessary to provide adequate flows and pressures.Said booster pump,and any other equipment, shall be installed and maintained by the Customer at her sole expense. c.The Customer shall comply with all other rules, regulations and ordinances pertaining to the provision of water utility service,including,but not limited to,all water utility ordinance provisions relating to utility connection fees,billing and collection. 3.The Customer covenants and agrees not to protest,in any manner whatsoever,formation of a local improvement district (or utility local improvement district)for the construction of future water or sewer improvements which may benefit the Customer's property. 4.The Customer agrees to connect to the City's 490 pressure zone at her sole expense if and when it becomes available in the future.It shall be deemed "available"when a connection to said pressure zone is within 100 feet of the Customer's property line. 5.The Customer specifically acknowledges and understands that the City's water main abutting the Customer's property has low pressures and requires frequent maintenance shut-downs.As such,the City makes no warranty,express or implied,concerning water availability,pressures,or any specific level of service. AGREEMENT FOR WATER SERVICE - 1 /mv/penix.afws The Customer accepts the service "as is"and agrees to save and hold harmless the City,its officers,agents and employees,from and against any and all claims,damages,lawsuit of every kind and nature whatsoever arising from the connection to the City's water main. 6.This Agreement and the covenants contained herein shall be binding upon the Customer,her heirs,successors and assigns, and shall be construed as a covenant running with the land.This Agreement shall be recorded in the records of the Snohomish County Auditor. IN WITNESS WHEREOF,the Customer has hereunto set her hand and seal the date first above written. CUSTOMER: MAXINE PENIX Approved: CITY OF MARYSVILLE By ()~tJAiu DAVID ElSER,Mayor Attest:/" ~ CITY CLERK STATE OF WASHINGTON) ss. COUNTY OF SNOHOMISH) Approved as to form: By./J~/C.l/V--«C~ CITY ATTORNEY I certify that I know or have satisfactory evidence that Maxine Penix is the person who appeared before me,and said person acknowledged that she signed this instrument and acknowledged it to be her free and voluntary act for the uses and purposes mentioned in the instrument. DATED this day of January,1995. NOTARY PUBLIC in and for the State of Washington,residing at My commission expires AGREEMENT FOR WATER SERVICE -2 /mv/penix.afws o.. Filed for Record at Request of: CITY OF MARYSVILLE 514 DELTA AVENUE MARYSVILLE,WA 98270 AGREEMENT FOR WATER SERVICE THIS AGREEMENT is entered into this 9#...day of January, 199?by and between the City of Marysville,hereinafter the "City,"and Maxine Penix,hereinafter "Customer,"as follows: 1.The City agrees to provide the Customer with water service only for the property located at 5623 -83rd Avenue N.E., Everett,Washington 98205,subject to the conditions and limitations set forth in City Resolution No./7/&'which is hereby incorporated in its entirety by this reference. 2.The provision of water service to the Customer shall be subject to the following conditions and limitation: a.The water service shall be provided for one single-family residence only and shall not be utilized for any other property. b.The Customer shall provide a booster pump and/or all other equipment necessary to provide adequate flows and pressures.Said booster pump,and any other equipment, shall be installed and maintained by the Customer at her sole expense. c.The Customer shall comply with all other rules, regulations and ordinances pertaining to the provision of water utility service,including,but not limited to,all water utility ordinance provisions relating to utility connection fees,billing and collection. 3.The Customer covenants and agrees not to protest,in any manner whatsoever,formation of a local improvement district (or utility local improvement district)for the construction of future water or sewer improvements which may benefit the Customer's property. 4.The Customer agrees to connect to the City's 490 pressure zone at her sole expense if and when it becomes available in the future.It shall be deemed "available"when a connection to said pressure zone is within 100 feet of the Customer's property line. 5.The Customer specifically acknowledges and understands that the City's water main abutting the Customer's property has low pressures and requires frequent maintenance shut-downs.As such,the City makes no warranty,express or implied,concerning water availability,pressures,or any specific level of service. AGREEMENT FOR WATER SERVICE - 1 /mv/penix.afws '-'~ The Customer accepts the service "as is"and agrees to save and hold harmless the City,its officers,agents and employees,from and against any and all claims,damages,lawsuit of every kind and nature whatsoever arising from the connection to the City's water main. 6.This Agreement and the covenants contained herein shall be binding upon the Customer,her heirs,successors and assigns, and shall be construed as a covenant running with the land.This Agreement shall be recorded in the records of the Snohomish County Auditor. IN WITNESS WHEREOF,the Customer has hereunto set her hand and seal the date first above written. CITY OF MARYSVILLE By (}~W&A<A DAVID ElSER,Mayor Approved: MAXINE PENIX CUSTOMER: 2?l~L CITY CLERK L- BY'--,(fl!,~L2~~~~~-=-== Approved as to form: STATE OF WASHINGTON) ss. COUNTY OF SNOHOMISH) I certify that I know or have satisfactory evidence that Maxine Penix is the person who appeared before me,and said person acknowledged that she signed this instrument and acknowledged it to be her free and voluntary act for the uses and purposes mentioned in the in~:. DATED this J?day of ~95. NOTARY PUBLIC in and for t,~:~;¥i~ of Washington,residing a My commission expires SERVICE - 2 Imv/penix.afws