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HomeMy WebLinkAboutO-1939 - Street vacation (Special)CIT Y 0 F MAR Y S V ILL E Marysville,Washington ORDINANCE NO.(q 3 'I AN ORDINANCE OF THE CITY OF MARYSVILLE VACATING A PORTION OF MORGAN STREET BETWEEN CEDAR AVENUE ON THE WEST AND BURLINGTON NORTHERN RAILROAD RIGHT-OF-WAY ON THE EAST. WHEREAS,Weiser Cedar Sales,Inc.petitioned the City on November 18,1992 to vacate Morgan Street between Cedar Avenue on the west and Burlington Northern Railroad right-of-way on the east;and WHEREAS,by Resolution 1601 adopted on January 11,1993,the Marysville City Council stated its intention to vacate a portion of Morgan Street between Cedar Avenue on the west and Burlington Northern Railroad right-of-way on the east,said property being legally described in Exhibit A attached hereto;and WHEREAS,a public hearing was held on the vacation of said street on February 1,1993;and WHEREAS,the City Council considered the evidence presented at the hearing and entered the following Findings of Fact: 1.The above-described portion of Morgan Street has remained unopened for many years and serves no public purpose. 2. adversely immediate The vacation of this portion of Morgan Street would affect the street pattern or circulation of the area or the community as a whole. not 3.The public need will not be adversely affected by the vacation of this right-of-way. 4.No abutting owner will become landlocked nor will access to any abutting properties be substantially impaired. 5.The abutting owners of the vacated street are willing to purchase said right-of-way from the City at $2.02 per square foot,representing 50%of the assessed valuation of the same. 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 Morgan Street is hereby vacated and the City'hereby conveys fee simple title to the same as follows: ORDINANCE -1 /msvl/morgan.ord a. of Morgan Petrocard North Half.The Street described Systems,Inc. City hereby conveys that portion in Exhibit B attached hereto to b.South Half.At the direction of,and with the consent of,Weiser Cedar Sales,Inc.,the City hereby conveys that portion of Morgan Street described in Exhibit C attached hereto to the Evelyn May Weiser Living Trust,Joe Reed,Trustee. Section 2.In consideration for the vacation of said street,and as a condition of publication and recording of this ordinance,the abutting owners who are receiving title to the street shall pay the City the sum of $2.02 per square foot for the property conveyed to them. Section 3.This ordinance and the vacation of the street referred to herein 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. ,PASSED by the City Council and APPROVED by the Mayor this ~~day of February,1993. CITY OF MARYSVILLE {l;;~~~ ATTEST: B:~~TY=K Approved as to form: By /J~r..VJ~ "7 CITY ATTORNEY Date of Publication:S-/().1 198 MAYOR Effective Date (5 days after publication): ORDINANCE - 2 Imsvl/morgan.ord EXHIBIT A A portion ofMorgan Street as shown on the plat ofMorgan Addition as recorded in volume 2 of plats on page 43,records of Snohomish County,Washington lying between Cedar Street and a line 10'West of and parallel with the centerline ofthe most westerly railroad track ,described as follows: Beginning at the Northwest corner ofLot 9,Block 2 said plat ofMorgan Addition;thence North 89°53'20"East,along the South line of said Morgan Street,for 121.71 feet more orless to a line 10 feet west ofthe centerline ofthe most westerly railroad track;thence North 5°18'35"East, along said linebeing 10 feet west ofthe centerline ofthe most westerly railroad track ,for 37.67 feet more or less to the centerline ofMorgan Street;Thence South 89°53'20"West, along the centerline ofMorgan Street for 125.52 feet to the Easterly margin of Cedar Street;Thence South 00°30'12"East,along said East line of Cedar Street for 37.50 feet more or less to the true point ofbeginning. Together with A portion ofMorgan Street as shown on the plat ofMorgan Addition as recorded in volume 2 of plats on page 43,records of Snohomish County,Washington lying between Cedar Street and a line 10'West of and parallel with the centerline ofthe most westerly railroad track,described as follows:'."" Commencing at the Northwest corner ofLot 9,Block 2 said plat ofMorgan Addition ;thence North 00°30'12" West, along the East line of Cedar Street for 37.50 feet more or lessio the centerline of said Morgan Street the true point ofbeginning;thence North 89°53'20"East,along the centerline of said Morgan Street,for 125.52 feet to a linebeing 10 feet west of the centerline ofthe most westerly railroad track;thence North 5°18'35"East ,along said line, for 37.67 feet to the North line ofMorgan Street;thence South 89°53'20" West, along the North line of said Morgan Street, for 129.34 feet to the East line Cedar Street; thence South 00°30'12"East,along said East line for 37.50 feet more or less to the true point of beginning. EXHIBIT B Legalfor North portionof vacation A portion ofMorganStreetas shown onthe plat ofMorganAdditionasrecordedin volume 2 of platson page43,records of Snohomish County,Washington lyingbetweenCedarStreetanda line 10'West of and parallel withthe centerline ofthe mostwesterly railroad track,described as follows:,.., Commencing atthe Northwest corner ofLot 9, Block2 saidplat ofMorgan Addition ; thence North 00°30'12"West,along theEast line of CedarStreetfor37.50feet moreor less to the centerline of saidMorganStreetthetrue point of beginning;thenceNorth 89°53'20"East,along the centerline of saidMorganStreet,for 125.52feetto a linebeing10feetwest ofthe centerline ofthe most westerly railroad track;thenceNorth 5°18'35"East ,alongsaid line,for37.67feetto the North line ofMorganStreet;thenceSouth 89°53'20"West,alongthe Northline of said Morgan Street,for 129.34 feet to the East lineCedarStreet;thence South 00°30'12"East,along saidEast linefor37.50feetmoreor lessto thetrue point of beginning. ......~-.:•.'-;T ..... EXHIBIT C F#2929 legalfor Southportion of vacation A portion ofMorganStreetas shown ontheplat ofMorganAdditionas recordedin volume 2 of plats on page 43,records of Snohomish County,Washington lyingbetweenCedarStreetand a line 10'West of and parallel withthe centerline ofthemostwesterlyrailroadtrack ,described as follows: Beginning at theNorthwestcorner ofLot 9,Block2 saidplat of Morgan Addition;thenceNorth 89°53'20"East,alongthe Southline of saidMorganStreet,for 121.71 feetmoreorless to a line 10feet west ofthe centerline ofthemost westerly railroad track;thenceNorth 5°18'35"East, alongsaidlinebeing10feetwest ofthe centerline ofthe mostwesterly railroad track,for37.67 feet more or lessto the centerline ofMorganStreet;ThenceSouth 89°53'20"West,along the centerline ofMorganStreetfor 125.52feetto theEasterlymargin of CedarStreet;Thence South 00°30'12"East, alongsaidEastline of CedarStreetfor 37.50feetmore or lessto thetrue point ofbeginning.