HomeMy WebLinkAboutR-2001 - Granting a utility variance to Lakewood School District for property located at 16216 11th Ave NE Arlington Wa,.
CITY OF MARYSVILLE
Marysville,Washington
RESOLUTION »o.aoo!
A RESOLUTION OF THE CITY OF MARYSVILLE GRANTING A UTILITY VARIANCE
TO LAKEWOOD SCHOOL DISTRICT FOR PROPERTY LOCATED AT 16216 11TH
AVENUE N.E.•ARLINGiON,WASHINGTON.
WHEREAS,on August 14,2000 applied for a utility variance
for Lakewood School District for property located 16216 11TH
Avenue N.E.,Arlington,Washington;and
WHEREAS,on August 28,2000 the City Council of the City of
Marysville held a public meeting concerning the variance
application and made the following findings:
1.The applicant has applied for a utility variance for
utility service outsine of the City's RUSA boundary for a
proposed elementary school for property located at 16216 11th
Avenue N.E.,Arlington,Washington.
2.The applicant has also applied for a variance from the
provisions of MMC 14.32.060(21 which provides a period of six (6)
months to complete the utility connection and in the case of a
plat,one year.The applicant is requesting that the City's
commitment for utilities be for a period of three (3)years from
the date hereof due to the time frames associated with permitting
an elementary school through Snohomish County.
3.The factual information contained in the City Council
Agenda Bill for August 28,2000 relating to this request is
hereby incorporated by this reference.
4.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.
5.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.
6.
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.
7.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 ~vailability for properties within t:ie City
limits,so long as this utility connection is limited to the
current use,which is a new elementary school.
RESOLUTION -1
/wpf/mv/lakewood.res
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 water
and sewer is hereby granted subject to the following conditions:
a.That Snohomish County approved the proposed land
use by the applicant.
b.That Snohomish County not object to the City's
service of utilities outside of the urban growth boundary
due to the fact that the proposed use is a necessary public
facility.
c.That the applicant execute an agreement not to
protest the formation of a future LID or ULID and/or to
participate in any future public or private utility project
which causes the ultimate utility improvements to the site
to be constructed.The form of the agreement is attached
hereto as Exhibit A.
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 flling a Land Use Petition pursuant to the
Land Use Petition Act within twenty-one (21)days after the
passage of this resolution.
~PASSED by the City
);,-"day of ~Council and APPROVED by the Mayor this
,2000
OF MARYSVILLE
{lJuh~
CITY
By_----''''-''''''-'''1--'''''"'~"''''''"_
ATTEST:
dS~~
t>~?lA~CITY
Approved as to form:
CLERK
BylJ~(c~
7 CITY ATTORNEY
RESOLUTION -2
/wpf/mv/lakewood.res
'.
EXHIBIT A
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
Reference #:
Grantor:
Grantee/Beneficiary:
Grantee/Trustee:
Legal Description:
Assessor's Tax Parcel ID#:
THIS AGREEMENT is entered into this
Add'l on p.__
day of MONTHl,
YEAR1,by and between THE CITY OF MARYSVILLE, a municipal
corporation of the State of Washington,and NAMEI of
DEVELOPER 1 ,hereinafter referred to as "Developer";
WITNESSETH:
WHEREAS,Developer 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:
------);and
WHEREAS,Developer has requested and received a variance
to the requirements of MMC 14.03.300 which requires that all
applicants for utility service extend the sewer or water
utility main for the full public or private road frontage of
the lot(s)to be connected to said utilities;NOW,THEREFORE,
1
"
1
IN CONSIDERATION for approval by the City a variance
from the requirements of MMC 14,03,300 without immediate
coverage of the frontage of Developer's road frontage,
Developer hereby agrees as follows:
1,POWER OF ATTORNEY:Developer hereby makes,con-
stitutes 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 Developer's property along STREET1,
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:Developer 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 Developer's property,
3,BINDING EFFECT:This agreement,and the power of
attorney and covenants contained herein,shall be binding
upon Developer,its h~irs,successors and assigns,and Sh3ll
be construed as a covenant running with the land,
4,RECOVERY AG~EEMENT:In the event the sewer or
water main is extended along Developer's road frontage along
STREET1 in the future by any third party pursuant to a
recovery agreement as authorized by law,Developer 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),
IN WITNESS WHEREOF,Developer has hereunto set its hand and seal
the date first above written.
DEVELOPERl
By
"N"AM"'E;;-l,----------------
Signature must be contained within this box.
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STATE OF WASHINGTON
ss.
COUNTY -OF SNOHOMISH
I certify that I know or have satisfactory evidence that
is the person who appeared before me,and said person
acknowledged that he signed this instrument and on oath stated that he
was authorized to execute the instrument and acknowledged it as the
of DEVELOPERI to be the free and voluntary act of such
party for the uses and purposes mentioned in the instrument,
DATED this day of MONTH 1 ,YEARI.
[Legibly print name of notary]
Notary Public in and for the State of
Washington,residing at
My Commission expires:__
Signature and seal must be contained within this box.
APPROVED by CITY OF MARYSVILLE
MAYOR
By ----;-='"
ATTEST:
CITY CLERK
By -==,.-"o-=-o=-
Signatures must be contained within this box.
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