HomeMy WebLinkAboutO-1897 - Condemnation of right-of-way (Special)CIT Y 0 F MAR Y S V ILL E
Marysville,Washington
ORDINANCE NO.1-89 7
AN ORDINANCE OF THE CITY OF MARYSVILLE RELATING TO AND
PROVIDING FOR THE CONDEMNATION OF NECESSARY RIGHT-OF-
WAY FOR THE CONSTRUCTION AND WIDENING OF 80TH STREET IN
'rHE CITY OF MARYSVILLE AND DECLARING THE ACQUISITION OF
SAID RIGHT-OF-WAY TO BE IN THE PUBLIC INTEREST.
WHEREAS,pursuant to RCW 8.12.030,the city of Marysville is
authorized and empowered to acquire real property by eminent
domain for the construction and operation of public streets;and
WHEREAS,the City has determined that it is in the public
interest and necessity to improve and widen 80th Street between
State Avenue and 47th Street in the city of Marysville;and
WHEREAS,the City's consulting engineer has designed a
right-of-way alignment for the improvement and widening of 80th
Street that would necessitate the acquisition of right-of-way
between State Avenue and 47th Street adjacent to 80th Street in
the City of Marysville;and
WHEREAS,one parcel of real property needed for the
aforementioned widening of 80th Street is owned by George J.Rowe
and Barbara A.Rowe,husband and wife,the legal description of
said property 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,certain right-of-way
lying adjacent to 80th Street described in Exhibit B which is
attached hereto;NOW,THEREFORE,
THE CITY COUNCIL OF THE CITY OF MARYSVILLE,WASHINGTON DO
ORDAIN AS FOLLOWS:
1.The city hereby declares the acquisition of the right-
of-way which is legally described and attached hereto as Exhibit
B to be necessary for the construction,widening and improvement
of 80th Street as described above and to be necessary and in the
pUblic interest.
2.The city hereby authorizes commencement of condemnation
proceedings against the owners of said property described in
Exhibit A,and against any lien holder or other person who has an
interest therein,for the acquisition of the required right-of-
way described in Exhibit B.
ORDINANCE - 1
Imsv/condemn80.ord
3.The city hereby authorizes immediate payment to said
owners of just compensation for ~aid right-of-way in
consideration for the right to immediate possession and use of
the SUbject property for the purpose of constructing,widening
and improving 80th street.
,"~SSED by the City council and APPROVED by the Mayor this
-d2 "?"day of June,1992.
CITY OF MARYSVILLE
By altJAid
ATTEST:
BY=¥~y CLERK
Approved as to form:
By d~I:L/J
:>CITY ATTORNEY
MAYOR
Date of Publication:/II /9 d
Effective Date (5 days after pUblication):
ORDINANCE -2
Imsv/condemn80.ord
EXHIBIT A
PARCEL A:
All that portion of the southeast quarter of the southwest quarter
of Section 21,Township 30 North,Range 5 East,W.M.,in Snohomish
County,Washington,described as follows:
Beginning at the south quarter corner of said Section 21;
thence north on quarter section line 917 feet;
thence west to a point 623.5 feet east of the east boundary line of
the Pacific Highway,the true point of beginning;
tl,ence north 360 feet,more or less,to the south boundary line of
county road;
thence east 120 feet;
thence south 360 feet,more or less,to a point due east of the true
point of beginning;
thence west 120 feet to the true point of beginning.
PARCEL B:
All that portion of the southeast quarter of the southwest quarter
of Section 21,Township 30 North,Range 5 East,W.M.,in Snohomish
County,Washington,described as follows:
Beginning at a point 386.8 feet west and 12 feet south of the
northeast corner of said southeast quarter of the southwest quarter,
which point is the northeast corner of a tract conveyed to Everett
Federal Savings and Loan Association by Recordillg Number 744075;
thence south 180 feet to the southeast corner of said Everett
Federal Savings and Loan Association Tract;
thence west 68 feet to the nortlleast cortler of a tract conveyed to
Orlin E.Johnston and Esther Johnston,his wife by Recording Number
799332;
thence south 175 feet to the southeast corner of tract conveyed to
Ma ud i e Jones;
thellce east to tIle southwest COrtler of a tract cOJlveyed to W.L.
Coon and Cora V.Coon,his wife,'Inder Recording Number 645440;
thence north along the west line of said Coon Tract 360 feet to a
point east of the point of beginning;
thence west 80 feet,more or less,to the.point.of b e q i rm i.nct :
EXCEPTING from the above described Parcels A and B,the following
described Tract:
Beginning at the southeast corner of said southeast quarter of the
sotlthwest quarter;
thence north 1°22'38"west along the east line of said southeast
quarter of the southwest quarter for 917 feet;
thence south 89°45'36"west parallel with the south line of said
southeast quarter of the southwest quarter for 182.46 feet to a
point 743.50 feet east of the easterly right of way margin of the
Pacific Highway,the true point of beginning;
thence north 2°03'25"west for 135 feet;
thence south 89°45'36"west for 270 feet to a point on the east line
of tract conveyed to Orline E.Johnston and his wife by deed
recorded under Recording Number 799332;
thence south 135 feet to a point south 89°45'36"west of the point
of beginning;
thence north 89°45'36"east 270 feet to the point of beginning.
EXHIBIT B
LEGAL DESCRIPTION
All that portion lying North of a line 30 feet South of and parallel
to the North line of the Southeast quarter of the Southwest quarter
of Section 21,Township 30 North,Range 5 East,W.M.,containing
the following-described parcels:
PARCEL A:
All that portion of the southeast quarter of the southwes,t quarter
of Section 21,Township 30 North,Range 5 East,W.M.,in S!\ohomish
County,Washington,described as follows:
Beginning at the south quarter corner of said Section 21;
thence north on quarter section line 917 feet;
thence west to a point 623.5 feet east of the east boundary line of
the Pacific Highway.the true point of beginning;
thence north 360 feet,more or less,to the south boundary line of
county road;
thence east 120 feet;
thence south 360 feet,more or less,to a point due east of the true
point of beginning;
thence west 120 feet to the true point of beginning.
PARCEL B:
All that portion of U,e southeast quarter of the southwest quarter
of Section 21,Township 30 North,Range 5 East,W.M.,in Snohomish
County,Washington,described as follows,
Beginning at a point 386.8 feet west and 12 feet south of the
northeast cortler of said southeast quarter of the southwest quarter,
which point is the northeast corner of a tract conveyed to Everett
Federal Savinos and Loan Association by Recording Number 744075;
thence south iso feet to the southeast corner of said Everett
Federal Savings.and Loan AssociatiollTract;
thence west 68 feet to the northeast corner of a tract conveyed to
arlin E.Johnston and Esther Johnston,his wife by Recording Number
799332;
thence south 175 feet to the southeast corner of tract conveyed to
Maudi e J one s;
t.henc c east to the s ou t hwe s t;corner of a tract conveyed to\-l.L.
Coon and Cora V.Coon,his wife,under Recording Number 645440;
thence north along the west line of said Coon Tract 360 feet to a
point east of the point of beginning;
thence west SO feet,more or less,to the point of beginning;
EXCEPTING from the above described Parcels A and e,the following
described Tract:
Beginning at the southeast corner of said southeast quarter of the
southwest quarter;
thence north 1°22'38"west along the east line of said southeast
quarter of the southwest quarter for 917 feet;
thence south 89°45'36"west parallel with the south line of said
southeast quarter of the southwest quarter for 182.46 feet to a
point 743.50 feet east of the easterly right of way margin of the
Pacific Highway,the true point of beginning;
thence north 2°03'25"west for 135 feet;
thence south 89°45'36"west for 270 feet to a point 'on the east line
of tract conveyed to arline E.Johnston and his wife by deed
recorded under Recording Number 799332;
thence south 135 feet to a point south 89°45'36"west of the point
of beginning;
thence north 89°45'36"east 270 feet to the point of beginning.