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HomeMy WebLinkAboutO-1503 - Street and alley vacation (Special),... 'L ....~ '. ;,. CIT Y 0 F MAR Y S V ILL E Marysville,Washington ORDINANCE NO./.5 0 ::; AN ORDINANCE OF THE CITY OF MARYSVILLE VACATING CERTAIN PUBLIC STREETS AND ALLEYS IN THE DOWNTOWN BUSINESS DISTRICT WHEREAS by Resolution 1237 adopted on November 24,1986 the Marysville City Council stated its intention to vacate the following described public streets and alleys in the downtown business district: 1.That portion of Second Street lying between the west boundary of State Avenue and the east boundary of the Burlington Northern Railroad right of way for the main tracks. 2.That portion of Third Street lying between a point 100 feet west of the west boundary of State Avenue and the east boundary of the Burlington Northern right of way for the main tracks. 3.That portion of Delta Avenue lying between the south boundary of Fourth Street and the north boundary of First Street. 4.That certain alley bisecting the block between First Street and Second Street,to the extent that said alley lies between the west boundary of State Avenue and a point 120 feet west of the west boundary of Delta Avenue. 5.That certain alley bisecting the block between Second Street and Third Street to the extent that said alley lies between the west boundary of State Avenue and a point 120 feet west of the west boundary of Delta Avenue. 6.That certain alley bisecting the block between Third Street and Fourth Street to the extent that said alley lies between the west boundary of State Avenue and a point 180 feet west of the west boundary of Delta Avenue. WHEREAS a map depicting the streets and alleys to be vacated is attached hereto as Exhibit "A"and incorportated hereto by this reference;AND WHEREAS a public hearing was held on the vacation of said streets and alleys on December 15,1986,and no opposition was expressed at said hearing;AND WHEREAS the City Council considered the evidence presented at said hearing and entered the following findings of fact: City Ordinance - 1 1.Six square blocks of the downtown business district, consisting of all that area situated south o£Fourth Street,west of State Avenue,north of First Street and east of Cedar Avenue, have been acquired by McCarthy Management and Development Company for the purpose of urban renewal and development in the form of a downtown shopping mall under unified ownership and control. 2.The public streets and alleys identified above are included within the area of the proposed shopping mall and will serve no further public purpose. 3.Urban renewal in the subject area is in the public interes~and the City should cooperate and encourage the same by vacating the above-described streets and alleys. 4.The vacation of the above-described streets and alleys will not adversely affect the street pattern or circulation in those portions of the City abutting the shopping mall. 5.The vacation of the above-described streets and alleys will not result in landlocking any abutting properties or substantially ll~airingaccess to any such properties. 6.It will be necessary for the City to reserve easements for a public utility network throughout the subject area.Said network may not exactly follow the present alignment of the streets and alleys and may have to be adjusted after development of the shopping mall. 7.The above-described streets and alleys should remain open and accessible to the public,even after vacation of the same, until such time as the developer of the shopping mall is ready to demolish the existing buildings and proceed with its project. 8.Because of the pUblic benefits which will be derived from the proposed redevelopment of this downtown business district,no compensation shall be charged for the vacation of the above-described streets and alleys. BASED UPON THE FOREGOING FINDINGS OF FACT,the City Council of the City of Marysville,Washington DO ORDAIN AS FOLLOWS: Section 1.The above-described pUblic streets and alleys are hereby vacated,and fee simple title to the same is hereby vested in the abutting property owners,one-half to each side,pursuant to RCW 35.79.040. Section 2.The City hereby reserves easements for all existing public utility lines,including water,sewer,gas,telephone,power and cable television,over,under,across and through the present alignment of the public streets and alleys described above.Said easements shall be for the purpose of construction,replacement,repair and maintenance of the pUblic utility lines.In the event that it is necessary to modify the alignment of said easements to accommodate the construction of the shopping mall,the City agrees to accept any City Ordinance - 2 ............. reasonable realignment and to release the easements reserved herein as soon as replacement easements are granted.The cost of relocating any utility lines from one easement alignment to another shall be borne exclusively by the private property owners. Section 3.Each of the above-described streets and alleys shall remain open for pUblic access and subject to pUblic regulation and the police powers of the City until such time as the private owner of the same determines that its constuction project has reached a stage where it is necessary to close the street or alley in the inter- est of public safety.At least one week advance notice of the closure date of each street and alley shall be provided to the City in writing. From and after the closure date of each street and alley the private owner of the same shall assume full liability for any injuries or damages arising from the use or occupancy of said street or alley, and shall indemnify and hold the City,its agents and employees, harmless from such liability.All parties will use their best efforts to keep the Third Street access to the fire department building open and usable for as long as possible,and preferably until May 1987. Section 4.No compensation shall be paid to the City for the streets and alleys vacated herein. Section 5.This ordinance,and the vacation of the streets and alleys referred to herein,shall become effective five days after the pUblication of this ordinance and the recording of a certified copy of the same in the records of the Snohomish County Auditor. -tiLPASSEDbytheCityCouncilandAPPROVEDbytheMayorthis~day of JJ£.C£1vI8£12-,1986. THE CITY OF MARYSVILLE By ~. MAYOR APPROVED AS TO FORM: Bg=~f1~..----cITY ATTORN City Ordinance - 3 ATTEST: B~CLERK " ~e . ........'"". CA('I1[ OAVIS StAT~.U:'f ,I "':~j :: II ,i.E::c-, a:..c ftAr...·!-i .001'I, AL--:O .,"0' " PO:..ISr!,frl'"''!i u;:t:...,......:~ u > ·~-~~·:;~·•.s:.:.'~:~'.;I..,J " I I ~ o ,....0' : l,".. 011 I [J CJ ~,..~.",.1«J lut 14U r~.; STR(ET r--:;;---,,----r---.---.---,---,----,- r', " :.i \CI1'Y I ..."'", ~ ,. .(,J..;.i._:;,-.., -~,l;» lSI /1-1/ f\1 IV I 3,., 7 nO I-- '7 8''1 ~tJ~,....fljVIl.t.r: f'-C:M'T"L ."'... f EXHIBIT "A" ::~ltl SlR((1...._,~1 .', II C: ,. J ~B B CJ [3 GaE.ALTT -",::r CITY OF MARYSVILLE Marysville,Was~ington ORDINANCE NO.ISO] 1\11 ORDINAl>CE DF .THE CIT¥OF KARYSVILLE VACATING CERTAIN PUBLIC STREETS .AND ALLEYS IN THE:DOIIJNTOWN BU~INESS DISTRICT WHEREAS by Resolution 12]7 adopted on lIovember 24,1986 the Marysville City Council stated its intention to veeeee the followinq described pUblic streets and a1leyu in the downtown business district: 1.That porti:m of Second Street lying between the west boundary of State Avenue and enc east boundary of the Burling-ton Northern Railroad right of way for the main traclt.s. 2.That portion of Third Street lying between a point 100 feet west of the west boundllry of State l\Vanue lind the clIat boundary of the Burlin9ton Northern ri')ht of wlly for the main trad:.a. J.That portion of Delta Avenue lying between the south boundary of Fourth Street and the north boundary of First Street. 4.That certain alley bisecting-ene block batwesn First aeeeee and Second Street,to the extent that aaid alley lieu between the weat boundary of State Avenue and a point 120 feet west of the west boundary of Delta Avenue. 5.That certain alley billecting the block betwelln Second Street ,,-nd Third Street to the extent that said alley lies between the ....est bound..ry of State Avenue and a point 12Cl feet west of the WBst boundary of Delta xvence . 6.That certain alley bisectin"the block between Third Street and FOurth Street to the extent that said alley lieu between the west boundary of sr.atOj Avenue and a po,i.Jlt 180 feet west of the we~t boundary of Delta Avenue. k1KER.l:::A5 iI m"p depic::ting the e r.ceet.e and alleys to be vacated is attaChed hereto as Exhibit "A~and ineorportated hereto by this reference;MID WHEREAS a public::hearing ....as held On the vacation of said streets and alleys on December 15,1986,and nO oppoai'tion "!fts exprelU;ed at said hearin':!;AND lmEREAS the City Council considered the evidence presented at saiol hearing and entered the following findings of fact: 1.Six s quaee blocks of the downtown business district, consisting of all that area situated Gouth of Fourth Street,west of State Avenue,north of First Street and east of Cedar Avenue, have been acqUired by McCarthy Management and Dt!velopaent COClpany for the purpose of urban renewal and development in the form of a dO>lnto",n shopping lJ\i)11 under u"nified ownership and contrOL. ~.The pUblic streets and alleys identified above are includ<:!d loll-thin the area of the propoaed shopping mall and will serve no further public purpose. 3.Urban rene",al in the subject area is in the public interest,and .the City should cooperate and encourage the same by vacat1ng the above-described streets and allays. 4.The vacation of the Above-described streets and alleys will not ..dversely affect the street pattern or circulation in those porr.ions of the City abuttinq the shopping lIla11. 5.Tho:vacation ~f the above-described sueets snd allllys will not result 1.n landlock1ng any abuttin'l properties or substantially 11"P<l1r1n9 access to IIny suCh properties. 6.It will be necessary for the City to reserve easetllents for a public utility network throughout the subject area.Said network may not exactly follow the present alignment of the strollet.. and alleys and may have to be adjusted after develop:llent of the shopping mall. 7.The above-described streets and.alleys should re.lllllin open and aC!cessible to the pUblic,.even after vacation of the same, until sUc::h time <Is the developer of the shoppinq lnill.ll ill ready to demoja sti th!!existinq buildi,nqs and proceed with ita project. 8.Because of the pUblic benefits whiCh will be derived from the proposed redevelopment.of this downtown business district.no compensation shllil be charged for the vacation of the above-described streets i1wJ alleys • .BASED UPON THE FOREGOING FINDINGS OF'FACT,the City Council of the City of M<lrysville,Washington DO ORDAIN AS FOLLOWS:• Section 1.The above-described pUblic streets and alleys are hereby vacated,i1nd fee simple title to the sall1e is hereby vested in the abutting property owners,one-halt to each ~ide,pursuant to RCIoI 35.79.040. Sec::tion 2.The Cit~hereby reserves easements tor all existing publicutrIIty lines,incluoling water,sewer,9as,·telephone,power and "able televiGion.over,under,across and thrqugh th~present al1grur.ent of the pUblic streets and alleys described above.Said ca.sCment5 shall be for th<!>purpose of construction,replacement,repair and l'1aintcnllnce of the public utility lines.In the event that it is necessary to modify the ~ligntr.ent of said easements to accollU'llodate the construction of the shopping mall,the City agrees to accept any l:easonable realignment ~nd to release the easements res(lrved herein as SOOn as replacement easements are granted.The cost of relocating any utility lines frol'1 one easCIflent aligMlCnt to another shall .be borne exclusively by the private property owners. Section J.E<lch of the above-described atl·ects and alleys .shall remain open for public access and subject to pUblic regl,llation and the police powers of the City until sl.lch time as the private owner of the sarna determines that.its constl.lc::tion project has reached a stage where it is necessary to close the street or alley in the.inter- est of public::safety.At least one week advancs notice of the closure date of each street and alley shall be provided to the City in ...-riting. Fr01rl and after the Closure dllte of each street and alley the private OWner of the same shall assume full liability for any injuries or dam;>ges arising from the use or occupancy of said street or alley, and shall indemnify and hold the City,its aqents and eepLcye.ee , harmless from "uch liability.All pardes will,.use their be"t efforts to keep the Third Street i1CCIISS to the fire department'building open and u"'ilblc for as long as possible,and preferably until May 1987. Section 4.No cOmpensation shall be paid to the City for the stree~l",y"vacatedherein. Section 5.This orrHnance,aDd the vacatioll of the streets and arreysre-rerred to her'ein,shall beecee effective five days after the publication of this ordinanee and the rllcording of a certified copy of the same in the records of the Snohomish County Auditor. PASSED oy the City Council and APPROVEDby the Mayor this 15th day of December, 1986. THE CITY OF MARYSVILLE By Norman Anderson,Mayor ATTEST:By Phillip E.Dexter,City Clerk APPROVED AS TO FORM:By James H.Auencoerter.CIty Attorney Publlsned:May 13.1987 -, ArF"IDAV~T OF PUBLICATION No._ STATE OF WASHINGTON, County of Snohomish, 55. _______.J~t.r.!c!~J..J~!:>_s_~~t:,being first duly sworn on oath deposes and says thatsheis the_;;;~_~J'_e_~~ry _ of THE MARYSVILLE GLOBE,a weekly newspaper. That said newspaper is a legal newspaper which hag 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 _________Q:cd!u§..n!=&jn~Q~as it was published in regular issues'(and not in.supplement form)of said newspaper once each week for a period of __9.!l_e con- secutive weeks.commencing on the _13.1=-1L_day of ~~L_, 87 .13th May 8719 • and ending on the day of , 19 • 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- _C..fJ -.t~---~---------------------------- cation is the sum of $_~J9_._6_Q •which amount has bee~; paid in full Subscribed and Sworn to before me this _____~2!:!b-__day of ~~~. 19 __?7 N~l~~·fC:;;'~::::::'~I~;'~~ Residing at Marysville.