HomeMy WebLinkAboutR-1881 - Granting a utility variance for the Brenmar Builders, Inc. /Alex and Carina Keen property located at 1316 Lakewood Road, Stanwood, WaCITY OF MARYSVILLE
Marysville,Washington
RESOLUTION NO.;NI
A RESOLUTION OF THE CITY OF MARYSVILLE GRANTING A UTILITY
VARIANCE FOR THE BRENMAR BUILDERS,INC./ALEX AND CARINA KEEN
PROPERTY LOCATED AT 1316 LAKEWOOD ROAD,STANWOOD,
WASHINGTON.
WHEREAS,on March 3,1998 Brenmar Builders,Inc./Alex and
Carina Keen applied for a utility variance for a water connection
without sewer for property located at 1316 Lakewood Road,
Stanwood,Washington,said property being outside of the City's
RUSA boundaries and the City's Critical Water Study Plan area;
and
WHEREAS,on April 6,1998 the Marysville City Council held a
public meeting concerning the variance application and made the
following findings:
1.The property is located within the Seven Lakes Water
Association's designated Coordinated Water System Plan boundary.
2.The applicant has submitted a letter from the Manager
of the Seven Lakes Water Association dated March 5,1998
releasing the subject property from their potential service area.
Said letter is incorporated herein by this reference.
3.The property in question
iron water main in Lakewood Road.
vicinity.
is fronted by a 12-inch cast
Sewer is not available in the
4.The request in this instance is for one single-family
residence and,as such,the granting of a variance will not be
inconsistent with the long-range plans of the city utility
system.
5.In light of the above-referenced findings,the
authorization of the variance will not be materially detrimental
to the public interest,welfare,or the environment.
6.The above-referenced findings reflect exceptional or
extraordinary circumstances or conditions applying to the subject
property that do not apply generally to other properties in the
same vicinity.
7.
enjoyment
possessed
The variance is necessary for the preservation and
of a substantial property right of the applicant
by owners of other properties in the same vicinity.
RESOLUTION - 1
/mv/brenmar.res
8.The granting of a variance in this case will not be
inconsistent with the long-range plans of the City utility system
or jeopardize utility availability for properties within the City
limits,so long as this utility connection is limited to the
current use,which is single-family residential
NOW,THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF MARYSVILLE,WASHINGTON AS FOLLOWS:
1.The variance for the applicant's connection to city
water outside of the City's RUSA area and outside of the CWSP is
hereby granted subject to the following conditions:
a.That the variance shall be for one single-family
residence only.
b.That the applicant comply with all provisions of
the City's utility code.
2.This decision shall be final and conclusive with the
right of appeal by any aggrieved party to the Superior Court of
Snohomish County by filing a Land Use Petition pursuant to the
Land Use Petition Act within twenty-one (21)days after the
passage of this resolution.
Council and APPROVED by the Mayor this
•1998.
ATTEST:
BY~'~CITY CLERK
Approved as to form:
BY~KW~
CITY ATTORNEY
RESOLUTION - 2
/mv/brenmar.res
CITY OF MARYSVILLE(lJ~
Mayor
OFFICE OF THE
CITY ATTORNEY
KEITHLY,WEED AND GRAAFSTRA,INC.,P.S.
Grant K.Weed,City Attorney
21 Avenue A
Snohomish, WA 98290
INCORPORATED 189'(3601 568-3119;(2061 334-1480
FAX (360)568-4437
June 16,1998
Douglas and
5027 102nd
Marysville
Nancy Barnes
Place NE
WA 98270
RE:Agreement Per Resolution 1882
Dear Mr.and Mrs.Barnes:
Enclosed with this letter is a Covenant for Connection to
Marysville Utility System as required by paragraph l(b)of
Resolution 1882.
Please sign the agreement on page 2 in the presence of a notary
and return the original along with a copy of the legal
description and tax account number of your property in the
enclosed self-addressed stamped envelope.The legal description
for your property may be obtained from your title report or deed
conveying the property to you.
This agreement will replace the agreement previously provided to
you by Pam Hegge at Marysville Public works Department.You
should destroy that agreement and sign the agreement included
with this letter in its place.
As soon as I have received the agreement back from you,I will
present it for signature to the Mayor and City Clerk,and then I
will have it recorded.If you have any questions,please be sure
to contact me.
Very truly yours,
Is/
GRANT K.WEED
City Attorney
GKW/t
Enclosures
cc:Ken Winckler,Public Works Director,w/enclosure
Mary Swenson,City Clerk,w/enclosure~
Filed for Record at the Request of:
CITY OF MARYSVILLE
4822 Grove Street
Marysville,WA 98270
COVENANT FOR CONNECTION TO MARYSVILLE UTILITY SYSTEM,
AND POWER OF ATTORNEY,AND AGREEMENT NOT TO PROTEST
FORMATION OF LOCAL IMPROVEMENT DISTRICT AND/OR TO
PARTICIPATE BY PRIVATE RECOVERY AGREEMENT
Legal Description:
Add'l on p.4
Assessor's Tax Parcel ID#:
THIS AGREEMENT is entered into this day of June,
1998,by and between THE CITY OF MARYSVILLE,a municipal
corporation of the State of Washington,and DOUGLAS BARNES
and NANCY BARNES,hereinafter referred to as "Owner";
WITNESSETH:
WHEREAS,Owner is the owner of the following described
real property situated within the City's utility service area
and/or located within the City of Marysville,County of
Snohomish,State of Washington:
SEE EXHIBIT A
(the property address of said property being as follows:
5027 -102nd Place N.E.,Marysville,Washington);and
WHEREAS,pursuant to Marysville Resolution No.1882
which is incorporated by this reference,Owner has requested
and received a variance to the requirements of
MMC 14.01.050(2)(d)which requires that all applicants for
utility service who are outside the City limits and who are
connected to public water be required to extend the City's
sanitary sewer and connect to the same for all structures
that are within 200 feet of the existing sanitary sewer upon
/mv/barnes.cov M98-005 1
d .'.0:,
-----------------------------
failure of the on-site sewage disposal system on the
property;NOW,THEREFORE,
IN CONSIDERATION for approval by the City a variance
from the requirements of MMC 14.01.050(2)(d)without
immediate coverage of the frontage of Owner's road frontage
as also required by MMC 14.03.300,Owner hereby agrees as
follows:
1.POWER OF ATTORNEY:Owner hereby makes,constitutes
and appoints by these presents the City of Marysville as the
true and lawful attorney for it and in its name,place and
stead,and grants it an irrevocable proxy,to petition for
and/or cast a vote for approval of any local improvement
district (or utility local improvement district)established
for the construction and extension of Marysville's sanitary
sewer system or water system along the road frontage of
Owner's property along 102nd Place N.E.
This power of attorney shall be a conveyance of an ir-
revocable interest in the above-described real property to
the City and shall constitute a covenant running with the
land in perpetuity;provided,that the City shall deliver a
signed release of this power of attorney after completion of
the sewer improvements described above.
2.COVENANT NOT TO PROTEST:Owner 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 the sanitary sewer or water
improvements along the road frontage of Owner's property.
3.RECOVERY AGREEMENT:In the event the sewer or
water main is extended along Owner's road frontage along
102nd Place N.E.in the future by any third party pursuant to
a recovery agreement as authorized by law,Owner agrees at
the time of entry into such recovery contract by the City and
such third party to immediately pay its pro rata share for
extension of said utility line(s).
4.BINDING EFFECT:This agreement,and the power of
attorney and covenants contained herein,shall be binding
upon Owner,its heirs,successors and assigns,and shall be
construed as a covenant running with the land.
IN WITNESS WHEREOF,Owners have hereunto set their hands and
seals the date first above written.
DOUGLAS BARNES
NANCY BARNES
Signature must be contained within this box.
Imv/barnes.cov M98-00S 2
r
;
STATE OF WASHINGTON)
ss.
COUNTY OF SNOHOMISH)
I certify that I know or have satisfactory evidence that DOUGLAS
BARNES and NANCY BARNES are the persons who appeared before me,and
said persons acknowledged that they signed this instrument and
acknowledged it to be their free and voluntary act for the uses and
purposes mentioned in the instrument.
DATED this day of June,1998.
[Legibly print name of notary]
NOTARY PUBLIC in and for the State
of Washington,residing at __
My commission expires __
Signature andseal must be contained within this box.
APPROVED by CITY OF MARYSVILLE
MAYORBy-----------,""';r;o
ATTEST:
CITY CLERK
Signatures must be contained within this box.
/mv/barnes.cov M98-00S 3