HomeMy WebLinkAboutO-1835 - Easement condemnation (Special)..,3-1I/J!-
J-~oJ::
I_?~tv",,=
CIT Y 0 F MAR Y S V ILL E
Marysville,Washington
ORDINANCE NO./.FD s-'"
AN ORDINANCE OF THE CITY OF MARYSVILLE RELATING TO AND
PROVIDING FOR THE CONDEMNATION OF NECESSARY RIGHT-OF-
WAY EASEMENTS FOR THE CONSTRUCTION AND MAINTENANCE OF,
AND ACCESS TO, A WATER SUPPLY PIPELINE WHICH WILL
CONNECT THE EVERETT WATER SYSTEM TO THE MARYSVILLE
WATER SYSTEM AND WHICH IS DECLARED TO BE IN THE PUBLIC
INTEREST.
THE CITY COUNCIL OF THE CITY OF MARYSVILLE,WASHINGTON DO
ORDAIN AS FOLLOWS:
WHEREAS,pursuant to Chapter 35.92 RCW,the city of
Marysville is authorized and empowered to construct,own and
operate a municipal water utility serving properties inside and
outside of its corporate limits;and
WHEREAS,the City has determined that it is necessary to
seek new sources of water supply for its utility;and
WHEREAS,on December 21,1989 the City of Everett entered
into a wholesale water supply contract with the City of
Marysville allowing Marysville to construct a pipeline intertying
the two municipal water systems for a term of at least thirty
(30)years;and
WHEREAS,the city's consulting engineer has designed a water
supply pipeline intertying the two municipal systems,and said
design has been approved by the City Council;and
WHEREAS,the City's schedule is to have the pipeline
constructed and operational on or before September 1991;and
WHEREAS,it is necessary to construct a certain portion of
the pipeline which crosses an environmentally-sensitive area
during the dry season;and
WHEREAS,certain parcels of real property needed for said
portion of the pipeline are owned by Frontier Manor Associates,
L.P.,a Washington limited partnership;WYWAK,F.C.,a Washington
corporation;Donna D.Peterson,as her separate estate;and
Frontier Homes Associates,a Washington general partnership;and
Washington Federal Savings and Loan Association,the legal
descriptions of said properties being attached hereto as Exhibit
A;and
WHEREAS,said owners and the City have been unable to agree
upon the terms of,and compensation for,a right-of-way easement
for the pipeline;NOW,THEREFORE,
ORDINANCE - 1
THE CITY COUNCIL OF THE CITY OF MARYSVILLE,WASHINGTON DO
ORDAIN AS FOLLOWS:
1.The city hereby declares the acquisition of 20-foot-
wide temporary construction easements and 20-foot-wide permanent
utility easements,the legal descriptions of which are attached
hereto as Exhibit B,to be necessary for the construction of the
water supply pipeline described above and to be in the pUblic
interest.
2.The city hereby authorizes commencement of condemnation
proceedings against the owners of each of said properties
described in Exhibit A,for the acquisition of the required
easements.
3.The city hereby authorizes immediate payment to said
owners of just compensation for said easements in consideration
for the right to immediate possession and use of the SUbject
property for the purpose of constructing the pipeline.
II PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR THIS
--.::L-DAY OF Thc.,-cA,,1991.
Approved as to form:
CITY OF MARYSVILLE
-&lh,,~Mayor
/City Attorney
ORDINANCE - 2
Pu.1 "shed--::3/27/0[I
E11 ect T-J e,;I-I/Ilel/
EXHIBIT A
LEGAL DESCRIPTION OF FRONTIER MANOR ASSOCIATES,L.P.PROPERTY
The South 330 feet of the North 660 feet of the Northeast quarter
of the Southwest quarter of section 24,Township 29 North,Range
5 East,W.M.,in Snohomish County,Washington;EXCEPT the East 30
feet for road.
LEGAL DESCRIPTION OF WYWAK,F.C.PROPERTY
PARCEL A:
The West 2/3 of Lot 16,Plat of Glenwood Division A,according
to the plat thereof recorded in Volume 7 of Plats,page 46,in
Snohomish County,Washington.
PARCEL B:
The South 160 feet of the East 95 feet of the East half of the
Southwest quarter of the Southwest quarter of section 24,
Township 29 North,Range 5 East,W.M.,in Snohomish County,
Washington;EXCEPT the South 30 feet thereof for Hewitt Avenue
East.
LEGAL DESCRIPTION OF
WASHINGTON FEDERAL SAVINGS AND LOAN PROPERTY
PARCEL A:
The Southwest quarter of the Southwest quarter of section 12,
Township 29 North,Range 5 East,W.M.,in Snohomish County,
Washington;
EXCEPT that portion thereof lying within Frontier Heights No.1,
according to the plat thereof recorded in Volume 27 of Plats,
pages 94 through 96,inclusive,in Snohomish County,Washington;
EXCEPT that portion thereof lying within Frontier Heights NO.3,
according to the plat thereof recorded in Volume 28 of Plats,
pages 90 through 93,inclusive,in Snohomish County,Washington.
AND EXCEPT that portion lying within the vacated plat of Frontier
Heights No.4.
EXHIBIT A - 1
PARCEL B:
The North 3/4ths of the northeast quarter of the northwest
quarter of section 13,Township 29 North,Range 5 East,W.M.,in
Snohomish County,Washington;
EXCEPT portions conveyed to PUblic utility District No.1 of
Snohomish County under Recording Numbers 1879517 and 1879518;
EXCEPT portion thereof lying within Frontier Heights NO.1,
according to the plat thereof recorded in Volume 27 of Plats,
pages 94 through 96,inclusive,in Snohomish County,Washington;
EXCEPT that portion thereof lying within Frontier Heights No.2,
according to the plat thereof recorded in Volume 28 of Plats,
pages 90 through 93,inclusive,in Snohomish County,Washington.
LEGAL DESCRIPTION OF DONNA D. PETERSON
AND FRONTIER HOMES ASSOCIATES PROPERTY
That portion of the South half of the South half of the Northeast
quarter of the Northwest quarter of section 13,Township 29
North,Range 5 East,W.M.,in Snohomish County,Washington,
lying West of city of Seattle Power Line Road.
EXHIBIT A - 2
EXHIBIT B
DESCRIPTION OF EASEMENTS FOR
FRONTIER MANOR ASSOCIATES,L.P.PROPERTY
1.Temporary construction easement
That portion of the South 330 feet of the North 660 feet of
the Northeast quarter of the Southwest quarter of section
24,Township 29 North,Range 5 East,W.M.,in Snohomish
County,Washington,which lies within a strip of land 40
feet in width,the East boundary of which lies 90 feet
Easterly from and parallel to the Westerly boundary of the
300-foot right-of-way for the city of Seattle transmission
line as established in easement dated April 26,1923 and
recorded July 9,1923 under Recording Number 318530.
2.Permanent utility easement
That portion of the South 330 feet of the North 660 feet of
the Northeast quarter of the Southwest quarter of section
24,Township 29 North,Range 5 East,W.M.,in Snohomish
County,Washington,which lies within a strip of land 20
feet in width,the East boundary of which lies 80 feet
Easterly from and parallel to the Westerly boundary of the
300-foot right-of-way for the City of Seattle transmission
line as established in easement dated April 26,1923 and
recorded JUly 9,1923 under Recording Number 318530.
DESCRIPTION OF EASEMENTS FOR WYWAK,F.C.PROPERTY
1.Temporary construction easement
That portion of the West 2/3 of Lot 16,Plat of Glenwood
Division A,according to the plat thereof recorded in Volume
7 of Plats,page 46,in Snohomish County,Washington,which
lies within a strip of land 40 feet in width,the East
boundary of which lies 90 feet Easterly from and parallel to
the Westerly boundary of the 300-foot right-of-way for the
city of Seattle transmission line as established in easement
dated April 26,1923 and recorded July 9,1923 under
Recording Number 318530.
2.Permanent utility easement
That portion of the West 2/3 of Lot 16,Plat of Glenwood
Division A,according to the plat thereof'recorded in Volume
7 of Plats,page 46,in Snohomish County,Washington,which
lies within a strip of land 20 feet in width,the East
boundary of which lies 80 feet Easterly from and parallel to
EXHIBIT B-1
the Westerly boundary of the 300-foot right-of-way for the
City of Seattle transmission line as established in easement
dated April 26,1923 and recorded July 9,1923 under
Recording Number 318530.
DESCRIPTION OF EASEMENTS FOR
WASHINGTON FEDERAL SAVINGS AND LOAN ASSOCIATION PROPERTY
1.Temporary construction easement
That portion of the Southwest Quarter of the Southwest
Quarter of section 12,Township 29 North,Range 5 East,
W.M.,in Snohomish County,Washington,which lies within a
strip of land 40 feet in width,the centerline of which is
more particularly described as follows:Beginning at a
point which lies on the West boundary of said property 20
feet South of the Northwest corner thereof,thence East
parallel with the Northerly boundary of said property a
distance of 1,210.77 feet thence S 35°08'02"E 56.83 feet;
thence S 19°43'55"W,419.99 feet;thence 229.37 feet along
a curve to the left which is tangent to the preceding course
with 400 feet Radius and chord bearing S 03°20'16"W;thence
S 13°07'23"E 59.86 feet to the intersection of the Westerly
margin of Frontier Circle West according to the plat of
Frontier Heights No.1,recorded in Volume 27 of Plats,
pages 94 through 96,records of Snohomish County,Washing-
ton.
2.Permanent utility easement
That portion of the Southwest Quarter of the Southwest
Quarter of section 12,Township 29 North,Range 5 East,
W.M.,in Snohomish County,Washington,which lies within a
strip of land 20 feet in width,the centerline of which is
more particular described as follows:Beginning at a point
on the West line of said property at a point which lies 10
feet South of the Northwest corner of said property,thence
East parallel with the Northerly boundary of said property a
distance of 1,186.57 feet,thence S 35°08'02"E 58.68 feet;
thence S 19°43'55"W 419.99 feet;thence 229.37 feet along a
curve to the left which is tangent to the preceding course
with 400 feet radius and chord bearing S 03°20'16"W;thence
S 13°07'23"E 59.86 feet to the intersection of the Westerly
margin of Frontier circle West according to the plat of
Frontier Heights No.1,recorded in Volume 27 of Plats,
pages 94 through 96,records of Snohomish County,Washing-
ton.
EXHIBIT B-2
DESCRIPTION OF EASEMENTS FOR
DONNA D. PETERSON AND FRONTIER HOMES ASSOCIATES PROPERTY
1.Temporary construction easement
That portion of the South half of the South half of the
Northeast quarter of the Northwest quarter of section 13,
Township 29 North,Range 5 East,W.M.,in Snohomish County,
Washington,which lies within a strip of land 40 feet in
width,the East boundary of which lies 90 feet Easterly
from and parallel to the Westerly boundary of the 300-foot
right-of-way for the city of Seattle transmission line as
established in easement dated April 26,1923 and recorded
July 9,1923 under Recording Number 318530.
2.Permanent utility easement
That portion of the South half of the South half of the
Northeast quarter of the Northwest quarter of section 13,
Township 29 North,Range 5 East,W.M.,in Snohomish County,
Washington,which lies within a strip of land 20 feet in
width,the East boundary of which lies 80 feet Easterly
from and parallel to the Westerly boundary of the 300-foot
right-of-way for the City of Seattle transmission line as
established in easement dated April 26,1923 and recorded
July 9,1923 under Recording Number 318530.
EXHIBIT B-3