HomeMy WebLinkAboutO-1648 - Alley vacation; repeals Ord. 1607 (Special)xc ;I Boo¥-P....b,
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CIT Y 0 F MAR Y S V ILL E
Marysville,Washington
ORDINANCE NO.}tp If..?
AN ORDINANCE OF THE CITY OF MARYSVILLE VACATING A
CERTAIN ALLEY ABUTTING THE HERETH BROTHERS THRIFTWAY
SHOPPING CENTER,CONVEYING SAID ALLEY TO ABUTTING
PROPERTY OWNERS;AND REPEALING ORDINANCE NO.1607.
WHEREAS,by Resolution 1332 adopted on August 8,1988 the
Marysville City Council stated its intention to vacate an
unopened alley 18 feet in width running east-west between State
Avenue and Columbia Avenue and being located north of 10th Street
N.E.,said alley being legally described as follows:
All that portion of the Southeast quarter of the
Northwest quarter of Section 28,Township 30 North,
Range 5 East,W.M.,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 September 26,1988;and
WHEREAS,the City Council considered the evidence presented
at said hearing and entered the following findings of fact:
1.The above-described alley has remained unopened since
it was originally acquired by the City on August 3,1948,and
serves no public purpose.
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 and PUD utility lines are presently
installed in the alley right-of-way,and a permanent easement
Ordinance - 1
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should be reserved for the benefit of said municipal corpora-
tions.
6.A search of the chain of title to this alley discloses
that the west 120 feet was deeded to the City by the owners of
the abutting properties to the north and south on a 50/50 basis.
The balance of the alley was deeded to the City by the owners of
the abutting property to the north.Pursuant to RCW 35.79.040
and the case of London v.Seattle,93 Wn.2d 657 (1980),title to
the vacated alley should follow this pattern of previous owner~
ship.
7.Ordinance No.1607 enacted by the City Council on May
9,1988 erroneously vacated all of the alley in favor of the
property owners to the north.said ordinance should be super-
seded by this ordinance.
8.The assessed value of the property included within the
vacated alley is $6.00 per square foot.Owners of abutting
property who will be receiving title to the alley shall be
required to pay the City 50%of said assessed value,or trade the
City real estate of equivalent value,pursuant to RCW 35.79.030.
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 alley is hereby
vacated,and title to the same is hereby vested as follows:
a.The South 9 feet of the West 120 feet of the alley
is vested in Time Oil Company.
b.The remaining balance of the alley is vested in
Alan E.Hereth and Carol A.Hereth,husband and wife,
Richard A.Hereth and Bonnie J.Hereth,husband and wife,
and David L.Hereth and Janice E.Hereth,husband and wife.
Section 2.Title to said property shall be subject to a
perpetual easement for utilities in favor of the City of Marys-
ville and Snohomish County Public Utility District No.1.
Section 3.In consideration for the vacation of the alley,
the abutting property owners shall immediately compensate the
City of Marysville as follows:
a.Time oil Company shall pay the City $3,240.00.
b.The Hereths shall dedicate to the City,for no
charge,right-of-way for the extension of Columbia Avenue
for a distance of 228 feet north of 10th Street N.E.
Ordinance - 2
Section 4.This ordinance and the vacation of the alley
referred to herein shall become effective five (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.
Section 5.Ordinance No.1607 enacted by the Marysville
City Council on May 9,1988 and recorded under Snohomish County
Auditor's File No.8806280456 is hereby REPEALED for the reason
that the same has been superseded by this ordinance.
PASSED by the City Council and APPROVED by the Mayor this
f;2/f'fl;day of 1),,+0 h..er--,1988.
CITY OF MARYSVILLE
Attest:
MAYOR
Approved as to Form:
Date of Publication:
Effective Date (5 days after publication):lu,,;;.7;,!--8'1..1
Ordinance - 3