HomeMy WebLinkAboutO-1741 - Street vacation (Special)CIT Y 0 F MAR Y S V ILL E
Marysville,Washington
ORDINANCE NO._I 7 Lfl
AN ORDINANCE OF THE CITY OF MARYSVILLE VACATING A
PORTION OF 10TH STREET N.E.LYING BETWEEN CEDAR AVENUE
AND THE BURLINGTON NORTHERN RAILROAD RIGHT-OF-:-WAY,AND
CONVEYING SAID VACATED PORTION TO THE ABUTTING PROPERTY
OWNERS TO THE SOUTH.
WHEREAS,by Resolution No.1375 adopted on August 14,1989
the Marysville City Council stated its intention to vacate an
unopened portion of lOth Street lying between Cedar Avenue and
the Burlington Northern Railroad right-of-way,the legal des-
cription of the same being attached hereto as Exhibit A;and
WHEREAS,a pUblic hearing was held on said vacation on
November 6,1989;and
WHEREAS,the city Council considered the evidence presented
at said hearing and entered the following findings of fact:
1.The above-described portion of lOth Street has remained
unopened since it was originally acquired by the city and serves
no pUblic purpose.
2.The above-described portion of lOth Street is land-
locked by private ownership on all four sides.
3.
adversely
immediate
The vacation of said portion of lOth Street would not
affect the street pattern or circulation of the
area or the community as a whole.
4.The pUblic need will not be adversely affected by the
vacation of said portion of lOth Street.
5.No abutting owner will become landlocked nor will
access to any abutting properties be SUbstantially impaired.
6.A search of the chain of title to this portion of lOth
Street discloses that it was deeded to the City by the owners of
abutting properties to the south.Pursuant to RCW 35.79.040 and
the case of London v.Seattle,93 Wn.2d 657 (1980),title to this
vacated portion of lOth Street should revert to the abutting
owners to the south.
/0 /9 9~
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CityClerk
Date ~/
7.The appraised value of the property included within the
vacated portion of lOth Street is $3,200.Owners of the abutting
properties to the south who will be receiving title to said
portion of lOth Street shall be required to pay the city 50%of
said appraised value pursuant to RCW 35.7919,~r~J5ycertifylhi to be ~lrue aI1<:!c<:,rrecl COpy
of lheoriginal on lile in my of!iceasJ1ari 01 the
ORDINANCE - 1 off ords o!the city of arys..:..Yl~nr-_
r"
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 portion of 10th Street is
hereby vacated,and title to the same is hereby vested in the
owners of the abutting properties to the south,to wit:
James M.Seaver and Pamela L.Seaver,husband and wife.
C.Leo Oehler and Carmine Oehler,husband and wife.
David R.O'Connor,a single man.
Said property owners do business under the name of OSO
Partnership.
section 2.In consideration for the vacation of said right-
of-way,the abutting property owners shall immediately pay the
City of Marysville the sum of $1,600.
section 3.This Ordinance and the vacation of 10th Street
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.Said pUblication
and recording shall constitute notice that the City has received
payment in full pursuant to section 2 above.
?ASSED by the City Council and APPROVED by the Mayor this
rx.7 ""day of :n~,1989.
CITY OF MARYSVILLE
Attest:
Approved as to form:
B~Yi1 (2<<P~~~CITY AT~Y
YOR
1 hereby.c~rli~Y th!tobe a true.and correct copy
of the (jrlgmal on file in my office as partof the
o!be"~I,~,r~2 C0/2;;t;,
1-llQ-CZe:;
Date of PUblication:_-1-J tJ -90
Effective Date (5 days after pUblication):
ORDINANCE - 2
......
EXHIBIT A
Legal Description:
A portion of Block 1,Plat of Palmer Addition to the City of
Marysville according to the plat thereof as recorded in Volume 2
on page 40,Records of Snohomish County,Washington described as
follows:
Beginning at the Northwest corner of Lot 8 of said plat;thence
South 89*59'22"East,along the North line of said Block 1,for
100.62 feet to the West right-of-way of Burlington Northern
Railroad;thence South 5*19'16"West,along said right-or-way for
210.18 feet to the South line of said Block 1;thence South
89*58'26"West,along South line of Block 1,for 79.40 feet to
the Southwest corner of Lot 17 of said plat;thence North
0*28'03"West along the West line of said Lot 17 and Lot 8 for
209.34 feet to the true point of beginning.
Situate in the County of Snohomish,State of Washington.
I hereby certify thi to bea true and correct copy
of the original on.lile in my office as pertof the
officia.c~rd'~iL~
City Clerk _.---..,.--'-
Dllte F/It)f99{)
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