HomeMy WebLinkAboutR-2030 - Granting a utility variance for Ricky Marquardt for property located at 5429 - 91st St. NE Marysville Wa••cs
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CIT Y 0 F MAR Y SV ILL E~;~
Marysville,Washington
RESOLUTION NO ..2030
A RESOLUTION OF THE CITY OF MARYSVILLE GRANTING A UTILITY VARIANCE
FOR RICKY MARQUARDT FOR PROPERTY LOCATED AT 5429-91ST STREET NE,
MARYSVILLE,WASHINGTON.
WHEREAS,on January 5,2001 Ricky Marquardt applied for a
utility variance for a utility variance from MMC 14.03.300
relating to coverage of the applicant's frontage for property
located at 5429 -91st Street NE,Marysville,Washington;and
WHEREAS,on January 22,2001 the City Council of the City of
Marysville held a public meeting concerning the variance
application and made the following findings:
1.The property is within the City's RUSA,CWSP and Urban
Growth boundaries.
2.The applicant is proposing to build a two-car garage
with a bathroom.The property is located on the corner of 55th
Avenue and 91st Street NE.
3.The Marysville Comprehensive Plan shows that the
ultimate sewer system that will serve this area will be provided
by a sewer main in 55th Avenue flowing by gravity to the existing
trunk in 88th Street.This sewer will be installed by developer
extension or ULID.
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 availability for properties within the City
limits,so long as this utility connection is limited to the
current use.
NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF MARYSVILLE,WASHINGTON AS FOLLOWS:
RESOLUTION - 1
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1.The applicant's variance from MMC 14.03.300 relating to
coverage of the applicant's frontage is hereby granted subject to
the following conditions:
a.The sewer connection shall be for a single-family
residence and garage only.
b.This variance shall be subject to the applicant
executing an agreement with the City agreeing to participate
in the construction of a future sewer line extension in 55th
Avenue NE and agreeing not to protest the formation of a
ULID for such extension.The form of agreement is attached
hereto as Exhibit A.
c.In the event the use of the applicant's property
changes from the existing single-family residential use to a
commercial business,the applicant shall pay all applicable
utility fees and charges.
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.
~~PASSED by the City Council and APPROVED by the Mayor this~~.day of ~,2001.
OF MARYSVILLE
(l;J rJ/M#J'
CITY
By_----=='-""~--=-.L==.1 _
ATTEST:
BY~~I CITY CLERK
Approved as to form:
BYU~tl,w~
CITY ATTORNEY
RESOLUTION - 2
/wpf/mv/marquardt.res
EXHIBIT A
Filed for Record at the Request of:
CITY OF MARYSVILLE
4822 GROVE STREET
MARYSVILLE,WA 98270
COVENANT FOR CONNECTION TO MARYSVILLE SEWER SYSTEM,
AND POWER OF ATTORNEY AND AGREEMENT
NOTTO PROTEST FORMATION OF WCAL IMPROVEMENT DISTRICT
THIS AGREEMENT is entered into this _day of
by and between THE CITY OF
MARYSVILLE, a municipal corporation of the State of
Washington,and RICKY L.MARQUARDT,hereinafter referred to
as "Developer";
WITNESSETH:
WHEREAS,Developer is the owner of the following
described real property situated without the City of
Marysville,County of Snohomish,State of Washington:
NEED LEGAL
Assessor's Tax Parcel ID#:395100000600-07
Iwpf/mv/marquardt.cov 1
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WHEREAS,Developer proposes to use and/or develop said
property as follows:
Construct a two-car garage with single bathroom;
NOW,THEREFORE,
IN CONSIDERATION for approval by the CITY of a variance
from the provisions of MMC 14.03.300,and in consideration
for the CITY's grant of a variance from the requirement of
covering the applicant's frontage with water and sewer
utilities,Developer hereby agrees as follows:
1.Agreement to Participate in Future Sewer System
Extension:Developer hereby agrees to participate and pay
his proportional share on front footage basis in any future
extension of a sewer main fronting his property in 55th
Avenue.
2.Power of Attornev: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 in 55th Avenue to the
subject property.
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.
3.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
improvements described above.
4.Binding Effect:This agreement,and the power of
attorney and covenants contained herein,shall be binding
Iwpf/mv/marquardt.cov 2
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upon Developer,its heirs,successors and assigns,and shall
be construed as a covenant running with the land.
IN WITNESS WHEREOF,Developer has hereunto set its hand
and seal the date first above written.
DEVELOPER;
By
"'R-:::I-:::C""K""Y-L:;--.--;MAR~:;-:Q:;-:U";";AR=OD:-;;T:;------
STATE OF WASHINGTON)
ss.
COUNTY OF SNOHOMISH)
I certify that I know or have satisfactory evidence that
RICKY L.MARQUARDT is the person who appeared before me,and
said person acknowledged that he signed this instrument and
acknowledged it to be his free and voluntary act for the uses
and purposes mentioned in the instrument.
DATED this day of
[Legibly print name of notary]
NOTARY PUBLIC in and for the State
of Washington,residing at
My commission expires
APPROVED by CITY OF MARYSVILLE
MAYOR
By ---;~=
ATTEST;
CITY CLERK
jwpf/mv/marquardt.cov 3
EXHIBIT A
Filed for Record at the Request of:
CITYOF MARYSVILLE
4822 GROVE STREET
MARYSVILLE,WA98270
COVENANT FOR CONNECTION TO MARYSVILLE SEWER SYSTEM,
ANDPOWER OF ATTORNEY AND AGREEMENT
NOT TO PROTEST FORt'\1ATION OF LOCAL IMPROVEMENT DISTRICT
THIS AGREEMENT is entered intothis 9;:)~'aay Of--j{lf4f=-=-,-(-,-'11'--__,cliO \
by and between THE CITY OF MARYSVILLE,a municipal corporation ofthe State of
Washington,and RICKY 1.AND LORRAINE MARQUARDT,hereinafter referredto as
"Developer";
WITNESSETH:
WHEREAS,Developer istheownerofthe following described realproperty
situated without theCityof Marysville,Countyof Snohomish,State of Washington:
Lot 7,BLY PLAT,as perplat recorded in volume 22of Plats,on page 15,recordsof
Snohomish County,andthat portion of lot6,saidBlyPlat,described as follows:
Commencing at the Southeast comerof Lot6;
thence North alongtheEastlineofsaidlottothe Northeast comer thereof;
thence Southwesterly to intersect a pointon the South lineofsaid Lot6, whichis 10feet
Westof the Southeast comer thereof;
ThenceEastalongthe Southlinethereof 10 feet to the POINT OF BEGINNING;
SituateintheCountyof Snohomish,Stateof Washington.
Assessor's Tax ParcellD#:3951-000-006-00-07
WHEREAS,Developer proposes to use and/or develop saidpropertyas follows:
Construct a two-car garage witha single bathroom andconnect garage andhouseto
sewerlineto the rearof the property;
NOW,THEREFORE,
IN CONSIDERATION for approval bythe CITY of avariance from the provisions
of MMC 14.03.300 andin consideration fortheCITY's grantofa variance from the
requirement of covering theapplicant's frontage withwaterandsewer utilities,Developer
hereby agrees as follows:
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1. Agreement to Connectto Participatein Future Sewer SystemExtension:
Developer herebyagrees to participateand paytheir proportionateshare on front footage
basis inany futureextension of a sewermain frontingtheirproperty in ss"Avenue.
2.Power of Attorney:Developerherebymakes,constitutes and appoints by
thesepresents THE CITYOF MARYSVILLE as the true and lawfulattorney for it and in
itsname, placeand stead, and grants it an irrevocableproxy,to petition for and/or cast a
vote forapproval of any local improvement district (or utility local improvement district).
establishedfor theconstruction and extension of MARYSVILLE's sanitary sewer main
frontingtheir propertyin ss"Avenue.
This power of attorneyshallbe a conveyance of an irrevocableinterest in the
above-describedreal propertyto theCITYand shall constitutea covenantrunning with the
land in perpetuity;provided, that theCITYshall delivera signed release of this power of
attorneyafter completion of thesewer improvements describedabove.
3. CovenantNot to Protest: Developercovenantsand agrees not to protest, in
anymanner whatsoever, formationof a localimprovementdistrict (or utility local
improvementdistrict) for the constructionof the sanitarysewer improvementsdescribed
above.
4.Binding Effect: This agreement,and the power of attorneyand covenants
contained herein, shall be binding upon Developer,its heirs,successorsand assigns, and
shall be construed as a covenantrunningwith theland.
IN WITNESS WHEREOF,Developerhas hereuntoset its hand and seal the date
first above written.
DEVELOPER:
STATE OF WASHINGTON)
ss.
COUNTYOF SNOHOMISH)
Icertifythat I know or have satisfactoryevidencethat RICKY1. MARQUARDTis
the person whoappearedbefore me, and saidpersonacknowledgedthat he signed this
instrumentand acknowledged it to be his freeandvoluntaryact for the uses and purposes
mentioned in the instrument.
DATED this 2-#day of-j'--'-f.,":':-+-_':if)b I
[Legiblyprint name of notary]
NOTARYPUBLICinand for the State J
of Washington,residing atSftal1uJ(fZlG
Mycommissionexpires r:i··30-(;I
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DEVELOPER:
~11 tr,.':j f·'II 'l'i'-Il I //),l,.(By l·,-/.<,~:'·,j__.,!"b',Ul,_,
LORRAINE MARQUARDT
STATE OF WASHINGTON)
5S.
COUNTY OF SNOHOMISH)
J certifythat Iknowor have satisfactory evidence that LORRAINE MARQUARDT
isthepersonwho appeared before me,andsaidperson acknowledged thatshe signedthis
instrument and acknowledged itto be her free and voluntary actfortheusesand purposes
mentioned inthe instrument.
DATED this :?!o-ttaay of ---.f±pr I I ,,?COl
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[Legibly printnameof notary]
/s'Di7v',NOTARY PUBLIC inandfortheState n
/'",v-ION EXp ~>o of Washington,residing atq·f}-..hc()6D'Cl
Q:-~""''''<J,10 Ycommission expires c;--:SO-·(j I
iu <J 01ARY
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APPROVED by CITY OF MARYSVILLE
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MAYOR
ATTEST:
BY~~~~CITY CLERK