HomeMy WebLinkAboutO-1297 - Street vacation and transfer of title (Special)'J...XG;'
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CIT Y 0 F MAR Y S V ILL E
Marysville,Washington
ORDINANCE NO./297
AN ORDINANCE OF THE CITY OF MARYSVILLE VACATING
A PORTION SHOULTES ROAD,AND TRANSFERRING LEGAL
TITLE THERETO TO THE ABUTTING PROPERTY OWNERS
WHEREAS,on June 27,1983 Robert and Virginia Rudge and
Mel and Grace McLean,dba B &M Food Stores,a general partnership,
filed a petition with the City for the vacation of that portion of
Shoultes Road situated east of State Avenue and south of lOath St.
N.E.,being legally described in Exhibit A attached hereto;and
WHEREAS,the abutting property owner to the west,Steve
Williams,joined in said petition on July 25,1983;and
WHEREAS,on July 25,1983 the City Council held a duly-
advertised public hearing relative to the vacation of said street,
and'being fully advised in the premises entered the following
Findings of Fact:
(A)The present street alignment at the inter-
section of lOath Street N.E.and State Avenue creates a
hazard to public safety.The existence of that portion of
Shoultes Road situated east of State Avenue and south of
lOOth Street N.E.substantially contributes to this hazard.
(B)The proposed vacation of Shoultes Road will
improve traffic circulation patterns at the intersection of
lOath Street N.E.and State Avenue provided that said
remaining streets are contemporaneously widened and improved.
(C)The demolition of the Texaco station owned
by Steve Williams would remove another traffic hazard from
the intersection,and would make it possible for the City
to widen and improve State Avenue.
(D)The paving of an access driveway from the
K-Mart parking lot north onto lOOth Street N.E.would pro-
vide an access point for shopping center traffic which is
preferable to that presently existing on State Avenue.
This would improve traffic circulation patterns at the
subject intersection.
(E)The portion of Shoultes Road proposed for
vacation is not needed for future public use,subject to a
temporary easement being reserved by the City for use of
.t.he .samev.unti.L..the abutting property owners choose to develop
the rig0t~of~way ~s part of their shopping center.
(F)No abutting owner will become landlocked,
nor will his access be substantially impaired by the pro-
posed vacation.
Ordinance - 1
(G) As consideration for vacation of Shoultes
Road,the City will require dedication by Steve Williams,
or his successor,of certain property abutting the east
side of State Avenue,as described in Exhibit B attached
hereto.The City shall further require dedication by B &M
Food Stores of certain property abutting the south side of
lOath Street N.E.as described in Exhibit C attached hereto.
The City will also require the demolition of the Texaco
Station and the construction of a paved access driveway from
the K-Mart parking lot onto IOOth Street N.E ..
BASED UPON THE FOREGOING,THE CITY COUNCIL OF THE CITY OF
MARYSVILLE,WASHINGTON DO ORDAIN AS FOLLOWS:
Section 1.That portion of Shoultes Road situated east of
State Avenue and south of IOOth Street N.E.,being legally described
in Exhibit A attached hereto,is hereby vacated by the City of
Marysville,and title to the same is hereby vested on an equal basis
in the property owners abutting either side of said street.
Section 2.This ordinance shall not become effective until
the conditions specified below are satisfied.Publication of this
ordinance and the filing of the same with the Snohomish County Auditor
and the Snohomish County Assessor shall constitute an acknowledgment
by the City that said conditions have been satisfied and that this
ordinance has become effective.
Section 3.Effectiveness of this ordinance is conditioned
upon the following:
(A)Steve Williams,or his successor,shall
immediately dedicate to the City at no cost,certain
property abutting the east side of State Avenue,the
legal description of which is attached hereto as Exhibit B.
(B) ·B &M Food Stores shall immediately dedicate at no cost
to the City certain property abutting the south side of
IOOth Street N.E.,the legal description of which is
attached hereto as Exhibit C.
(C)The City reserves an easement for public
street purposes over and across the vacated portion of
Shoultes Road for a period of twelve months from the date of
this ordinance,or until ninty days after any property owner
applies for a building permit relating to a structure which
would directly or indirectly utilize the subject property,
whichever occurs later.During the term of said easement the
City shall maintain and regulate Shoultes Road as a public
street and shall indemnify and hold the underlying owners
thereof harmless from any and all liability or claims and
causes of action,costs or fees arising from the public use
thereof.Upon termination of the easement,the owners may
block off that portion of Shoultes Road and all public rights
to the use thereof shall cease.
Ordinance - 2
.*'."".
(D)Steve Williams,or his successor,shall
demolish the Texaco Station at the intersection of State
Avenue and lOath Street N.E.,and remove or otherwise secure
all underground tanks,within forty-five days of the date
of this ordinance.All rubble and debris shall be removed
within said period and the premises shall be graded to avoid
creating any ppblic nuisance or hazard.
(E)Within sixty days of the date of this
ordinance B &M Food Stores will construct a paved driveway
access from the K-Mart parking lot onto lOOth Street N.E ..
Upon completion of said driveway,signs shall be erected
prohibiting left turns onto State Avenue at the northerly
access point from the K-Mart parking lot.
City Council and APPROVED by the Mayor this
,1983.
~I
Mayor
ATTEST:
B~
APPROVED AS TO FORM:
By t}=M-f),e ~c i t ttorney
Ordinance - 3
....}e."._.
~EXHIBIT A
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Commencing at a concrete monument marking the cen~~L of Section 16,
Township 30 North,Range 5 East,W.M.;thence S 89
024'49"E 168.83 feet
to the center line of the Pacific Highw~y as described under Auditor's
File No.283030)said point being on the arc of a cur~e whose radius
point bears 5'75056'30"W distant 1841.82 feet therefrom;thence
Southeasterly along said curve 60.11 feet;thence N 83
025 144"E for
67.73 feet;thence S 06
034'16"E for 52.06 f ee t vto the point of
beginning,said point being on the West right-of-way of the Pacific
Highway as described under Au~itor's File No.190210;thence N 87 030'E
for 12.30 feet to a point on the arc of a curve whose center point
bears S 75~11'20",W distant 175.2 feet:thence Southeasterly along said
curve 105.~8 feet to the Point of tangency;thence N 70
015'W for
2.00 feet:thence S 19 045'W for 26.39 feet;thence N 70
015'W for
10.00 feet to said West right-of-way of Pacific Highway;thenceo.
5 19 45'W for 2.47 feet to a point on the arc of a curve whose center
point bears N 89
023'45"W distant 1083.82 feet:thence Southet1~
235.91 fe~~along said curve to its intersection with the East rigHt-of-
way of 60,-foot wide Shoultes Road as established by County Road Book
oNo.3,page 11 and Book No.7,page 284;thence N 19 45'E for 385.73
feet along said right-of-way to the beginning of a tangent curve
concave to the Southeast having a radius of 338.00 feet;thence
Northeasterly 30.95 feet along said curve to the Southwest corner of
County right-of-way as described in Deed recorded in Volume 643 of Deeds
on Page 449;thence S 87 040 107"Wfor 82.18 feet to the beginning of
a tangent curve concave to the Southeast having a radius of 50.00 feet;
thence Southwesterly 33.57 feet along said curve to a point on the arc
of a curve{concave to the West whose center point bears S 71055'0~"W
163.20 feet;thence Southerly 11.98 feet along said curve to the
Point of Beginning.Contains 0.385acres.Situated in Snohomish County,
Washington.
EXHIBIT A
·,.
EXHIBIT B
Com~encing at a concrete monument·marking the center of
Section 16,Township 30 North,Range 5 East,W.M.;thence
S 89 024'49"E along the center line of said Section
168.83 feet to the center line of the Pacific Highway as
described in deed recorded under Auditor's File No.283030,
said point being on the arc of a curve whose radius point
bears S 75056'30"W distant 1041.82 feet therefrom;thence
Southeasterly along said center line 60.11 feet;thence
o 0N8325'44."E for 63.76 feet;thence S 06·._·34'16"E for
34 .f ee t to the Point of Beginning,thence S 83 025'44"W for
9.20 feet;thence S 40 031'36"W for 30.03 feet to a point
on the East right-of-way of the Pacific Highway as described
under Auditor's File No.283030 said point being on the arc
~.0
of a curve whose center point bears S 82 16'41"W distant
1071.82 feet therefrom;thence Southerly 153.40 feet along
said curve to its intersection with the West right-of-way of
60 foot wide Shoultes Road as established by County Road
Book No.3,page 11 and Book No.7,page 284;thence
N 19~45'E 34.86 feet along said right-of-way to a point on
~0thearcofacurVewhosecenterpointbearsN89 23'45"W
I
distant 1083.82 feet;thence Northerly 95.96 feet along said
curve to the beginning of a reverse curve having a radius of
50.00 feet;thence Northeasterly 46.84 feet along said curve
to a point on the arc of a curve concave to the West whose
center point bears S 71055'08"W 163.2 feet:thence Northerly
6.53 feet along said curve to the Point of Beginriing,
Contains 0.047·acres.Situated in Snohomish County,Washington.
Exhibit B
EXHIBIT C
~he South lO.OOfeet of the North 40.00 feet of the
Northwest Quarter of the Southeast Quarter o~Section 16,
Township 30 North,Range 5 East,W.M.lying East of Shoultes
Road.Contains 0.1825 acres.Situated in Snohomish County,
Washington.
EXHIBIT C
WHEREAS,on June 27,1983 Robert and Virginia Rudge and
Mel and Grace McLean,dba B &H Food Stores,a general partnership,
filed a petition with the City for the vacation of that portion of
Shoultes Road situated east of State Avenue and south of lOOth St.
N.E.,,being legally described in Exhibit A attached hereto;and
WHEREAS,the abutting property owner to the west,Steve
Williams,joined in said petition on July 25,1983;and
AN ORDINANCE OF THE CITY OF MARYSVILLE VACATING
A PORTION SHOULTES ROAD,AND TRANSFERRING LEGAL
TITLE THERETO TO THE ABUTTING PROPERTY OWNERS
/o~,
to
/297
After recording,return
CITY OF MARYSVILLE
514 Delta
Marysville,WA 98270
ORDINANCE NO.
CIT Y 0 F MAR Y S V ILL E
Marysville,Washington
,.,.
-.''''
.':
WHEREAS,on July 25,1983 the City Council held a duly-
advertised public hearing relative to the vacation of said street,
~nd being fully advised in the premises entered the following
Findings of Fact:
(A)The present street alignment at the,inter-
section of lOath Street N.E.and State Avenue creates a
hazard to public safety.The existence of that portion of
Shoultes Road situated east of State Avenue and south of
lOath Street N.E.substantially contributes to this hazard.'
(B)The proposed vacation of Shoultes Road will
improve traffic circulation patterns at the intersection of
lOath Street N.E.and State Avenue provided that said
remaining streets are contemporaneously widened and improved.
(C)The demolition of the Texaco station owned
by Steve Williams would remove another traffic hazar~from
the intersection,and would make it possible for the City
to widen and improve State Avenue.
(D)The paving of an access driveway from the
K-Mart parking lot north onto lOath Street N.E.would pro-
vide an access point for shopping center traffic which is
preferable to that presently existing on State Avenue.
This would improve traffic circulation patterns at the
sUbject intersection.
,
(E)The portion of Shoultes Road proposed for
vacation is not needed for future public use,subject to a
temporary easement being reserved by the City for use of
;the::same:...unt.LL:the abutting property owners choose to develop
thertig~t~of~way as part of their shopping center.
..,
VOL 1868 PAGE0988
,,
(F)No abutting owner will become landlocked,
nor will his access be substantially 'impaired by the pro-
posed vacation ..8 41 ()2 ..~,.O 1 34',
Ordinance - 1
VOL 1868 PAGE 0989
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(G) As consideration for vacation of Shoultes
Road,the City will require dedication by Steve Williams,
or his successor,of certain property abutting the east
side of State Avenue,as described in Exhibit B attached
hereto.The ,City shall further require dedication by B &M
Food Stores of certain property abutting the south side of
lOath Street N.E.as described in Exhibit C attached hereto.
The City will also require the demolition of the Texaco
Station and the construction of a paved access driveway from
the K-Mart parking lot onto lOath Street N.E ..
BASED UPON THE FOREGOING,THE CITY COUNCIL OF THE CITY OF
MARYSVILLE,WASHINGTON DO ORDAIN AS FOLLOWS:
Section 1.That portion of Shoultes Road situated east of
State Avenue and south of lOath Street N.E.,being legally described
in Exhibit A attached hereto,is hereby vacated by the City of
Marysville,and title to the same is hereby vested on an equal basis
in the property owners abutting either side of said street.
t Section 2.This ordinance shall not become effective until
the conditions specified below are satisfied:Publication of this
ordinance and the filing of the same with the Snohomish County Auditor
and the Snohomish County Assessor shall constitute an acknowledgment
by the City that said conditions have been satisfied and that this
ordinance has become effective.
Section 3.Effectiveness of this ordinance is conditio~ed
upon the following:
(A)Steve Williams,or his successor,shall
immediately dedicate to the City at no cost,certain
property abutting the east side of State Avenue,the
legal description of which is attached hereto as Exhibit B.
(B) B &M Food Stores shall immediately dedicate at no cost
to the City certain property abutting the south side of
lOath Street N.E.,the legal description of which is
attached hereto as Exhibit C.
(C)The City reserves an easement for public
street purposes over and across the vacated portion of
Shoultes Road for a period of twelve months from the date of
this ordinance,or until ninty days after any property owner
applies for a building permit relating to a structure which
would directly or indirectly utilize the subject property,
whichever occurs later.During the term of said easement the'
City shall maintain and regulate Shoultes Road as a public
street and shall indemnify and hold the underlying owners
thereof harmless from any and all liability or claims and
causes of action,costs or fees arising from the public use
thereof.Upon termination of the easement,the owners may
block off that portion of Shoultes Road and all ~ublic rights
to the useetUiiJ 2,t erl 3EfFse.'
Ordinance - 2
..
-,
(D)Steve Williams,or his successor,shall
demolish the Texaco Station at the intersection of State
Avenue and lOath street N.E.,and remove or otherwise secure
all underground tanks,wi thin fo::-ty-five days of the date
of this ordinance.All rubble and debris shall be removed
within said period and the premises shall be graded to avoid
creating any public nuisance or hazard.
(E)Within sixty days of the date of this
ordinance B &M Food Stores will construct a paved driveway
access from the K-Mart parking lot onto lOath Street N.E ..
Upon completion of said driveway,signs shall be erected
prohibiting left turns onto State Avenue at the northerly
access point from the K-Mart parking lot.
I'LL .PASS~E by :e City Council and APPROVED by the Mayor this
rJJ day of __4!9bJ L 1983..;
Mayor
ATTEST:
APPROVED AS TO FORM:
8 410220134.
VOL 1868 PAGE 0990
Ordinance -3
11,-
...
EXHIBIT A..
Commencing at a concrete monument marking the cen~~L of Section 16,
Township 30 North,Range 5 East,W.M.;thence S 89
024'49"E 168.83 feet
to the center line of the Pacific Highway as described under Auditor's
File No.283030)said point being on the arc of a curve whose'radius
. 0 ,.point bears S 75 56'30"W distant 1041.82 feet therefrom;thence
Southeasterly along said curve 60.11 feet;thence N 83 025'44"E for
'0 '.67.73 feet;thence S 06 34'16"E for 52.06 f ee t vto the po i n t of
beginning,said point being on the West right-of-way of the Pacific
Highway as described under Augitor's File No.190210;thence N 87
030'E
for 12.30 feet to a point on the arc of a cur~e whose center point
bears S 75~11'20"W distant 175.2 feet;thence Southeast~rly along'said
cur~e 105.~8 feet to the Point of tangency;thence N 70
015'W for
2~00 feet;thence S 19°45'W for 26.39 ,feet;th~nce N 70
015'W fo~'
10.00 feet to said West right-of-way of Pacific Highway;thence°.S 19 45'W for 2.47 feet to a point on the arc of a curve whose,center
point bears N 89°23'45"W distant 1083.82 feet;-thence Southerly
235.91 fe~~along said curve to its intersection with the East right-of-
way of 60 -foot wide Shoultes Road as established by County Road Book,,° .No.3,page 11 and Book No.'7,page 284;thence N 19 45'E for 385.73
feet along said right-of-way to the beginning of a tangent curve
concave to the Southeast having a radius of 338.00 feet;thence
Northeasterly 30.95 feet along said curve to the Southwest corner of
County right-of-way as described in Deed recorded in Volume 643 of Deeds
on Page 449;thence S 87 040'07"W for 82.18 feet to the beginning of
a tangent curve concave to the Southeast having a radius of 50.00 feet;
thence Southwesterly 33.57 feet along said curve to a point,on the aic
of a curve~concave to the West whose center point bears S 71055'O~"W
163.20 feet;thence Southerly 11.98 feet along said curve to the
Point of Beginning.Contains .0.385acres.Situated in Snohomish County,
Washington.
VOL 1868 PAGE 0991.
F.XHTRT'l'~
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EXHIBIT B
Commencing at a concrete monument'marking the center of
.:
Section 16,Township 30 North,Range 5 East,W.M.;thence
S 89 024'49"E along the center line of said Section
168.83 feet to the center line of the Pacific Highway as
described in deed recorded under Auditor's File No.283030,
said point being on the arc of a curve whose radius point
obearsS 7,5 56'30"W distant 1041.82 feet therefrom;thence
Southeasterly along said center line 60.11 feet;,thence
o 0N8325'44."E for 63.76 feet;thence S 06·.·34'16"E for
34 ,feet to the Point of Beginning,thence S 83 025'44"W for
9.20 feet;thence S 40°31'36"W for 30.03 feet to a point
on the East right-of-way of the Pacific Highway as described
under Auditor's File No.283030 said point being on the arc
J
9f a'curve whose center point bears S 82 016'41"W distant
.,
1071.82 feet therefrom;thence Southerly 153.40 feet along'
said curve to its intersection with the West right-of-way of
60 foot wide Shoultes Road as established by County Road
Book No.3,page 11 and Book No.7,page 284;thence.
N 19 045"E 34.86 feet ~long said right-of-~ay ~o a point on
~6
the ~rc of a cur~e whose center point bears N 89 23'45"W,
I
distant 1083.82 feet;thence Northerly 95.96 feet along said
curve to the beginning of a reverse curve having a radius of
50.00 feet;thence Northeasterly 46.84 feet along said curve
to a point on the arc of a cur~e cohcave to the West who~e
center point bears S 71 055'08"W 163.2 feet;thence Northerly
6.,53 feet along said curve to the Point of Beginriing,
Contains 0.047'acres.Situated in Snohomish County,Washington.
"
8 410220134
Exhibit B
..,:......;-.:;
EXHIBIT C
The South 10.00 feet of the North 40.00 feet of the
Northwest Quarter of the Southeast Quarter of Section 16,
..
Township 30 North,Range 5 East,W.M.lying East of Shoultes
Road.Contains 0.1825 acres.Situated in Snohomish County,
Washington.
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8'410220134
VOL 1868 PAGE 0993
EXHIBIT C
CITY OF MARYSVILLE ;-
Marysville,WashingTon
OR01NANCE NO.1797
(Cl The Clfy reserves an easemenl lor'
pUbllcslr~tpurposesoverandacro•• lhe
vacated perlion 01 ShoYlles ROBd for a
period oItw"lve monfM from Ih"dale 01
Ihis ordinance,or unlll nlne,y daysaner
any proll"rtyowner applies for a building
pel'"mitreiallnllloaslruclurewhichwouid
dlreclly or Indirectly utilize IhesublKI
property,whichever occurs later, During
the lerm of said easemenl Ihe Cily shall
main'alnandregulaleSMullesRoadBsB
public srreet ena shall Indemnlly Bnd hold
the underlying owners IhereOf harmless
trom any and all lIablllly or claims and
CllU""Sof ecnon, costs Or f""s Brislnglrom
Ihepublicuselhereof,UpenlerminallonOI
the easemenl,Ihe owners may block off
thaI gorllon of sncunes Road and alt public
EXHIBITC
TheSoulnl0.OllfeelotlneNorlh40.00
leelol In"Norlhwest Quarter 01 Ihe
Soulh easIQuarlerofSec!lonI6,Town.hlp
30Norln,RangeSEilsl,W.M,lylnpEBslol
SMulles Road.Con'alnsO.162S acres
Sllualed in Snohomish Coynly.
Was~lngton
THE CITY DF MARYSVILLE
ByOaryl 0,Brennlck
Mayor
ATTEST:By eonuea.oeoe-.ctw cte-e
APPROVED AS TO FORM
ByJBmasH.Allendoerler,
CilvAttorney
pUDlisned'OctOber24,19114
AFFIDAVIT OF PUBLICATION
No._
STATE OF WASHINGTON,
County of Snohomish,
ss.
__________Lin..d~LJrl.eb.s..te~,being first duly sworn
on oath deposes and says that he is the.s..~CrJ2ts,-ry __.._
of THE MARYSVILLE GLOBE,a weekly newspaper.
That said newspaper is a legal newspaper which has been ap-
proved by order of the Superior Court in Snohomish County
June 18,1962 in compliance with Chapter 213 of Washington
Laws of 1941,and it is now and has been for more than six
months prior to the date of the publication hereinafter re-
ferred to,published in the English language continually as a
weekly newspaper in Marysville,Snohomish County,Wash-
ington,and it is now and during all of said time was printed
in an office maintained at the aforesaid place of publication
of said newspaper.That the annexed is a true copy of a
__'..D.r LU..I3.an.ce__#l2.9.7--as it was
published in regular issues (and not in supplement form)of
said newspaper once each week for a period of __QQ.&l con-
secutive weeks,commencing on the _?4.tJL_day of _~Qj;_Q'I2§l,r
19_13..4,and ending on the _?J-btD__day of C2~]i_~9~R 19_~lj._,
both dates inclusive,and that such newspaper was regularly
distributed to its subscribers during all of said period.That
the full amount of the fee charged for the foregoing publi-
cation is the sum of $_19.B.&.3ILL,which amount has been
paid in full ----~__~W!i..t!J/!;i _
Subscribed and sworn to before me this t.5...c _
day of ------~~;1~~~~~
Residing at Marysville.