HomeMy WebLinkAboutO-1663 - Street vacation (Special)CIT Y 0 F MAR Y S V ILL E
Marysville,Washington
ORDINANCE NO.I (,~'3
AN ORDINANCE OF THE CITY OF MARYSVILLE VACATING A
PORTION OF 60TH AVENUE N.E.AND CONVEYING THE VACATED
RIGHT-OF-WAY TO ABUTTING PROPERTY OWNERS IN THE PLAT OF
WATERFORD DIVISION NO.2.
WHEREAS,by Resolution 1337 adopted on October 10,1988 the
Marysville City Council stated its intention to vacate an
unopened portion of 60th Avenue N.E.which abuts the east side of
Lots 6,7,8 and 9 of the Plat of Waterford Division No.2,said
right-of-way being legally described as follows:
The East 30 feet of Lots 6,7,8 and 9 of the Plat of
Waterford Division No.2 located,in Section 27,
Township 30 North,Range 5 East,W.M.,Snohomish
County,Washington.
WHEREAS,a public hearing was held on the vacation of said
right-of-way on November 14,1988;and
WHEREAS,the City Council considered the evidence presented
at said hearing and entered the following findings of fact:
1.The above-described right-of-way has remained unopened
since it was originally dedicated to the City at the time the
Plat of Waterford Division No.2 was recorded.
2.Vacation of this right-of-way 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
vacation of this right-of-way.
4.No abutting owner will become landlocked nor will
access to any abutting properties be sUbstantially impaired.
5.A search of the chain of title to this right-of-way
discloses that it was dedicated to the City by the owners of the
Plat of Waterford Division No.2.Pursuant to RCW 35.79.040 and
the case of London v.Seattle,93 Wn.2d 657 (1980),title to the
vacated right-of-way should vest in the names of the present
owners of the Plat of Waterford Division No.2.
6.The average assessed value of the right-of-way which is
proposed for vacation is $1.78 per square foot.Owners of
Ordinance - 1
abutting property who will be rece1v1ng title to this vacated
right-of-way shall be required to pay the City fifty percent
(50%)of said value prior to the effective date of this ordinance
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 City of Marysville hereby vacates the
following-described portion of 60th Avenue N.E.:
The East 30 feet of Lots 6,7,8 and 9 of the Plat of
Waterford Division No.2,located in Section 27,
Township 30 North,Range 5 East,W.M.,Snohomish
County,Washington.
Section 2.The City of Marysville hereby conveys title to
said right-of-way to the owners of Lots 6,7,8 and 9 of the Plat
of Waterford Division No.2.The names of the grantees and the
legal description of the portion of the right-of-way which is
conveyed to each of them is attached hereto as Exhibit A and
incorporated herein by this reference.
Section 3.In consideration for the vacation of the right-
of-way the abutting property owners shall immediately compensate
the City of Marysville in the amount of $0.89 per square foot.
The amount owed by the respective property owners is as follows:
Lot 6--Kevin and Beth Opel • . •
Lot 7--E.M.Gish • • . . • . •
Lot 8--Steven and Linda Josephsen
Lot 9--Robyn and Joel Woods • • .
.$837.72
.$3,643.37
.$3,050.22
.$1,142.27
Section 4.In the event that all of the property owners
referred to in Section 3 above have not paid for the right-of-wav~on or before ui'i~"1,1989 this ordinance shall be repealed and -
shall be null and void.If all payments are made prior to said
date this ordinance and the vacation of 60th Avenue N.E.shall
become effective,and said effectiveness shall be documented by
the pUblication of the 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
"3 r b day of -=r0l ..........""J r 198..:!.-..
CITY OF MARYSVILLE
By
Ordinance - 2
Attest:
By~ro~LfTYCLERK
Approved as to Form:
BY\j ..
Date of Publication:to -1'i--89
Effective Date (5 days after publication):
Ordinance - 3
6-J9--8?
(Lot 6)
EXHIBIT A
60TH AVENUE N.E.VACATION
Kevin and Beth Opel
Beginning at the northeast corner of Lot 6,Plat
Division No.II,located in Section 27,Township 30
East,Willamette Meridian,as recorded in Volume 46
77,Records of Snohomish County,Washington;
of Waterford,
North,Range 5
of Plats,Page
Thence South 86
Thence South 02
Thence South 55
Thence North 02
of Beginning.
36'39"
25'32"
49'02"
25'32"
East a distance of 30.01 feet;
West a distance of 17.21 feet;
West a distance of 37.38 feet;
East a distance of 40.00 feet to the Point
(Lot 7)E.M.Gish
Beginning at the northeast corner of Lot 7,Plat
Division No.II,located in Section 27,Township 30
East,Willamette Meridian,as recorded in Volume 46
77,Records of Snohomish County,Washington;
of Waterford,
North,Range 5
of Plats,Page
Thence North 55 49'02"East a distance of 37.38 feet;
Thence South 02 25'32"West a distance of 149.85 feet;
Thence North 87 33'48"West a distance of 30.01 feet;
Thence North 02 25'32"East a distance of 127.56 feet to the Point
of Beginning.
(Lot 8)'Steven and Linda Josephsen
Beginning at the northeast corner of Lot 8,Plat
Division No.II,located in Section 27,Township 20
East,Willamette Meridian,as recorded in Volume 46
77,Records of Snohomish County,Washington;
of Waterford,
North,Range 5
of Plats,Page
Thence South 87 33'48"East a distance of 30.01 feet,
Thence South 02 25'32"West a distance of 126.12 feet,
Thence North 57 37'44"East a distance of 34.63 feet;
Thence North 02 25'32"East a distance of 108.84 feet to the Point
of Beginning.
(Lot 9)Robyn and Joel Woods
Beginning at the northeast corner of Lot 9,Plat
Division No.II,located in Section 27,Township 30
East,Willamette Meridian,as recorded in Volume 46
77,Records of Snohomish County,Washington;
of Waterford,
North,Range 5
of Plats,Page
Thence South 57
Thence South 02
Thence North 86
Thence North 02
of Beginning.
37'44"
25'32"
33'26"
25'32"
East a distance of 34.63 feet;
West a distance of 32.30 feet;
West a distance of 30.01 feet;
East a distance of 49.05 feet to the Point