HomeMy WebLinkAboutO-1856 - Condemnation of right-of-way easements (Special)•
CIT Y 0 F MAR Y S V ILL E
Marysville,Washington
ORDINANCE NO./85'(.,
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 by December,1991;and
WHEREAS,certain real property needed for a portion of the
pipeline is owned by Thomas A.and Miriam T.Alberg,husband and
wife,the legal description of said property being attached
hereto as Exhibit A;and
WHEREAS,the owner 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,
THE CITY COUNCIL OF THE CITY OF MARYSVILLE,WASHINGTON DO
ORDAIN AS FOLLOWS:
1.The city hereby declares the acquisition of a 20-foot-
wide temporary construction easement and lO-foot-wide permanent
utility easement,the legal descriptions of which are attached
hereto as Exhibit B,to be necessary for the construction of the
ORDINANCE - 1
water supply pipeline described above and to be in the pUblic
interest.
2.The city hereby authorizes commencement of condemnation
proceedings against the owner of said property 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.
PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR THIS
3RD DAY OF SEPTEMBER,1991.
CITY OF MARYSVILLE
Mayor
Attest:
Approved as to form:
~1C0~
~City Attorney
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ORDINANCE - 2
EXHIBIT A
LEGAL DESCRIPTION OF
THOMAS A.ALBERG AND MIRIAM T.ALBERG PROPERTY
The northwest quarter of the southwest quarter of
section 12,Township 29 North,Range 5 East,W.M.,in
Snohomish County,Washington.
EXHIBIT A - 1
i <.
EXHIBIT B
THOMAS ALBERG EASEMEN'I8
Beginning at the SouthWestcomerof property owned by Thomas A.&Miriam T. Alberg,Tax
Lot 122905-3-005-0007.in Section12,township 29 North,Range 5 Bast.Snohomish County.
Washington;said property comer being the South West l/16th comer of said Section 12;the
following permanent and tempol'll1'Y construcncn easements are described:.
Ptm¥flvntEeyucnt
Beginning at said South West property comer, a 10 foot wide strip of land parallel to and
contiguous withthe South property line of said Tax Lot 122905-3-005-0007 extending easterly
fromsideSouthWestcomer II distance of 700 feet:
Total Area • 7000sf
A 10foot wide strip of land parallel to and contiguous with,lind North of the Morc described
permanent casement total length of easement 700 feet..
Total Afea =7000sf
Idnr
M2548042
EXHIBIT B-1