HomeMy WebLinkAboutO-1607 - Alley vacation (Repealed by 1648)xc:
CIT Y 0 F MAR Y S V ILL E
Marysville,Washington
ORDINANCE NO.J"0 7
AN ORDINANCE OF THE CITY OF MARYSVILLE VACATING A
CERTAIN ALLEY ABUTTING THE HERETH BROTHERS'THRIFTWAY
SHOPPING CENTER.
WHEREAS,by Resolution 1304 adopted on April 4,1988 the
Marysville City Council stated its intention to vacate an
unopened alley 18 feet in width running easterly between State
Avenue and Columbia Avenue and being located north of 10th Street
N.E.,said alley being legally described as follows:
Beginning at the northwest corner of Lot 1,Block 1,of
Schlagater's Addition to the Town of Marysville,thence
north 170 feet to the true point of beginning,thence
east 360 feet,thence north 18 feet,thence west 360
feet,thence south 18 feet to the true point of
beginning;situate in the County of Snohomish,State of
Washington.
WHEREAS,a public hearing was held on the vacation of said
alley on May 2,1988;and
WHEREAS,the City Council considered the evidence presented
at said hearing and entered the following Findings of Fact:
1.
acquired
purpose.
The alley has remained unopened since it was originally
by the City on August 3,1948 and serves no public
2.The vacation of this alley would not adversely affect
the street pattern or circulation of the immediate area or the
community as a whole.
3.The public need will not be adversely affected by the
vacation of this alley.
4.No abutting owner will become landlocked nor will
access to any abutting properties be substantially impaired.
5.City utility lines are presently installed under the
alley right-of-way,and a permanent easement should be reserved
for the benefit of the City.
6.A search of the chain of title to this alley discloses
that it was deeded to the City by the owners of the abutting
property to the north,Joseph and Daisy Schlagater,on August 3,
1948.For this reason,the entire width of the alley should be
'Ordinance - 1
vacated back into the possession of the owner of the property to
the north,to-wit:the Hereth Brothers,a limited partnership.
7.
City and
trade of
City the
the City
In lieu of cash compensation for said vacation,the
the Hereth Brothers have agreed that there will be a
real estate.The Hereth Brothers will dedicate to the
easterly ~7.50 feet of their property so as to provide
with right-of-way for an extension of Columbia Avenue.
BASED UPON THE FOREGOING FINDINGS OF FACT,THE CITY COUNCIL
OF THE CITY OF MARYSVILLE,WASHINGTON DO ORDAIN AS FOLLOWS:
Section 1.
vacated,and fee
Hereth Brothers,
35.79.040.
The above-described public alley is hereby
simple title to the same is hereby vested in
a limited partnership,pursuant to RCW
the
Section 2.The City hereby reserves a utility easement
over,under,across and through the full legal description of
said alley.Said easement shall be for the purpose of construc-
tion,replacement,repair and maintenance of public utility
lines.The duration of the easement shall be perpetual.
Section 3.In consideration for the vacation of said alley,
the Hereth Brothers,a limited partnership,shall immediately
dedicate to the City,for no charge,the eastern ~7.50 feet of
the property owned by them for the purpose of providing the City
with right-of~way for the extension of Columbia Avenue.
Section 4.This ordinance and the vacation of the alley
referred to herein shall become effective 5 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.
PASSED by the City Council and APPROVED by the Mayor this
~day of ~~.,1988.
CITY OF MARYSVILLE
Attest:
Ordinance - 2
By i2r.:k~YO
•.......J
Approved as to Form:
Date of Publication:
Effective Date (5 days
Ordinance - 3
s
5-II 8'8 (rr29-f38 @--
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