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HomeMy WebLinkAboutO-1411 - Alley vacation (Special)I, •.~.,"--" "»: CITY OF MARYSVILLE Marysville,Washington ORDINANCE NO.~~~~_ AN ORDINANCE OF THE CITY OF MARYSVILLE VACATING THE VILLAGE RESTAURANT ALLEY AND TRANSFERRING LEGAL TITLE THERETO TO THE ABUTTING PROPERTY OWNERS. WHEREAS,on October 22,1984 Village Restaurant,Inc. filed a petition with the City of Marysville requesting the vacation of the following described public alley: That portion of a 20-foot right-of-way lying between lots 1,2 and 3 to the north,and lots 10,11 and 12 to the south,Block 4, Plat of Marysville,Snohomish County,Washington. WHEREAS,the appraised value of said alley is $5,400~ and WHEREAS,the Village Restaurant,Inc.is the owner of all property abutting tothe north and south of said alley~ and ~~EREAS,on December 10,1984 the City Council held a duly advertised public hearing relative to the vacation of said alley and the City Council being fully advised in the premises hereby enters the following findings and facts: (a)The proposed vacation will provide a public benefit. (b)The proposed vacation will not adversely affect the street pattern or circulation of the immediate area or the community as a whole. (~)The pUblic need will not be adversely affected by the proposed vacation. (d)The alley in question is not contemplated or needed for future pUblic use. (e)No abutting owner will become land-locked,nor will his access be substantially impaired by the proposed vacation. (f)Easements for the City's sewer line and PUD's power lines must be reserved. "4 ,.... ,.City of Marysville Ordinance No./~/ Page Two ' BASED UPON THE FOREGOING,THE CITY COUNCIL OF THE CITY OF MARYSVILLE,WASHINGTON DO OrnAIN AS FOLLOWS: Section 1:The above described alley is hereby vacated by the City of ~larysville,and title to the same is hereby vested in Village Restaurant, Inc.,RESERVING UNTO THE CITY OF MARYSVILLE a 20-foot wide sewer line utility easement over, under,through and across all property formerly comprising said alley~and RESERVING UNTO SNOHO- MISH COUNTY PUBLIC UTILITY DISTRICT NO. 1 a 20-foot wide power line utility easement over, under,through and across all property formerly comprising said alley. 'Section 2:Village Restaurant,Inc.shall pay the City the sum of $2,700.00 as compensation for 50%of the value of said alley. Section 3:Upon petition by the owners of the abutting property at any time in the future, the City will consider vacating the sewer line utilities easement reserved in Section 1,above. The price for such a vacation would be 50%of its appraised value. Section 4:This Ordinance shall not become effective until Village Restaurant,Inc.has paid the City $2,700.Publication of this Ordinance and the filing of the same with the Snohomish County Auditor and the Snohomish County Assessor shall constitute an acknowledgement by the City that said sum has been paid and that this Ordinance has become effective. .J'J PASSED by the City Council and /#U\.)day of -.T4Mt(IJ-&J(, CITY ATTEST: BY~~:L.ty Clerk APPROVED AS TO FORM: APPROVED by the Mayor this 1985. OF MARYSVILLE CITY OF MARYSVILLE Marysville~Washington ORDINANCE NO.1411 AN ORDINANCE OF THE CITY OF MARYSVILLE VACATING THE VILLAGE RESTAURANT ALLEY AND TRANSFERRING LEGAL TITLE THERETO TO THE 'ABUTTING PROPERTY pWNERS.. .WHEREAS,on October 22,1984 Village Restaurant,Inc.filed a petition with the City of "Marysville requesting the vacation of the following described public alley: That portion of a 20-foot right-of-way lying between lots 1,2and 3 to the north,and lots 10,11 and 12 to the south,Block 4,Falats of Marysville,Snohomish County,Washington. WHE R EAS II the appraised value of said alley is $5,400;and . ..WHE REAS,the Village Restaurant,Inc.is the owner of all property abutting to the north and south of said alley;and ~,WHEREAS,on DecemberIo.1984 the City Council held a duly advertised public hear- ,ing relative to the vacation of said alley and the City Council being fully advised in the premises hereby enters the following findings and facts: (a)The proposed vacation will provide a public benefit. (b)The proposed vacation will not adversely affect the street pattern or circulation of .the immediate area or the community as a whole. ·(c)The public need will not be adversely affected by the proposed vacation . . '(d)The alley in question is not contemplated or needed for future public use. ,,'(e)No abutting owner will become land-locked,nor will his access be substantleltv im- ~paired by the proposed vacation. .(f)Easements for the City's sewer line and PUD's power lines 'must be reserved. BASED ,UPON THE FOREGOING,THE CITY COUNCIL OF THE CITY OF MARYSVILLE,WASHINGTON DO ORDAIN AS FOLLOWS: Section 1: The above described alley is hereby vacated by the City of Marysville,and title to tnesarne is hereby vested iri Village Restaurant,lnc.,RESERVING UNTO THE CITY OF MARYSVI LLE a 20-foot wide sewer line utility easement over,under,through and across,all property formerly comprising said alley;and RESERVING UNTO .,SNOHOMISH COUNTY PUBLIC UTILITY DISTRICT NO.1 a 20-foot wide power line 'Ufility easement,over under,through.and across all property formerly comprising said alley . .:Section 2:Village Restaurant,Inc.shall pay the City the sum of $2,700.00 as compensa- 'tlon for 50% of the value of said alley . .:Section 3:Upon petition by the owners of the abutting property at any time in the future,the City will consider vacating the sewer line utilities easement reserved in Sec- :tion 1,above.The price for such a vacation would be 50%of its appraised value. Section 4:This Ordinance shall not become effective until Village Restaurant,Inc.has paid the City $2,700.Publication of this Ordinance and the filing of the same with the Snohomish county Auditor and the Snohomish County assessor shall constitute an acknowledgement by the City that said sum has been paid and that this Ordinance has become effective.' PASSED by the City Council and APPROVED by the Mayor this 14th day of January, . 1985, CITY OF MARYSVILLE ,~-.------_...- .:~;,.'...,~' .-.~.:,<~·~··'i~.~" By Norman Anderson,Mayor Attest;By Phillip E.Dexter, ,.City Clerk .Approved as to Form; . By James H.Afledoerfer, ~City Attorney , Published:March 27,1985 !' ArrlDAVIT or PUBLICATION No._ STATE OF WASHINGTON, -:.~.H.~-'of Snohomish, .~~ ____.L1n.g~Ll.~eh!itJt~,being first duly swom on oath deposes and says that he is the_~_~Qr_~~!l~~.._ 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 ___.Drdinsl'l.cs_Jia..._J1.I,.ll..as it was published in regular issues (and not in supplement form)of said newspaper once each week for a period of _j).Jl~con- secutive weeks,commencing on the __a7.1iJL day of M.~~J'L, 1985__, and ending on the __.?_'l!iP_day of J~~!.~tt_,19~.2_, 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 $J12 ..._8.Q ,which amount has been paid in full ~--~---------- Subscribed and sworn to before me this 1~-_---_----- day of m~~~~~~~~•••• Residing at Marysvllle.