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HomeMy WebLinkAboutO-2133 - Property condemnation (Special)1-~?.....6. /-~~. I-Qw.h CITY OF MARYSVILLE Marysville,Washington ORDINANCE NO,,':U .5.5 AN ORDINANCE OFTHE CITY OF MARYSVILLE,WASHINGTON AUTHORIZING THE CONDEMNATION,APPROPRIATION,TAKING AND DAMAGING OF LAND AND OTHER PROPERTY FOR THE CREATION OF A BOAT RAMP AND PARK WHEREAS,the City Council of the City of Marysville (hereinafter the "City")finds as follows: 1.Public convenience,use and necessity demand that boat launch and park facilities be provided to the public. 2.Pursuant to the provisions of RCW 67.20.010 and RCW 35A.ll.030,the City has the authority to acquire park property under the power of eminent domain. 3.The City has conducted studies and has determined that the property which best serves the public need for the park and boat launch facility is situated on Ebey Slough and more specifically described in EXHIBIT A,attached hereto and incorporated herein by this reference. 4.Grant funding from the Washington State Interagency Committee for Outdoor Recreation (lAC)is available for the acquisition of the park/boat launch facility. NOW,THEREFORE,THE CITY COUNCIL OF THE CITY OF MARYSVILLE, WASHINGTON DO ORDAIN AS FOLLOWS: l. take and hereto. The City is hereby authorized to condemn,appropriate, damage the real property described in EXHIBIT A attached 2.The use of the property described in EXHIBIT A is to create a park and boat launch facility,which is a permanent public use and is reasonably necessary for the purposes for which it is sought. 3.All lands,rights,privileges and other property lying within the limits of the land described in EXHIBIT A are hereby condemned,appropriated,taken and damaged for the purpose of creating a park and boat launch facility.All lands,rights, privileges and other properties are to be taken,damaged and appropriated only after just compensation has been made,or paid into the court for the owners thereof in the manner provided by law. /wpf/rnv/welco.ord 1 4.The cost of the acquisition provided for by this ordinance shall be paid by lAC grant,or such other funds as may be provided by law. 5.The City's attorneys should be and hereby are authorized and directed to begin and prosecute the actions and proceedings in a manner provided by law to carry out the provisions of this ordinance,and to enter into settlements to mitigate damages. '-1.tA PASSED by the City Council and APPROVED by the Mayor this I~A day of July,1997. CITY OF MARYSVILLE By {lJ wail CLERK A~~~. BY~~ Approved as to form: By LlM-dk 0v.r-eeO ;CITY ATTORNEY Date of Publication:~_i~.LrqLJ-L _ Effective Date (5 days after publication): MAYOR /wpf/mv/welco.ord 2 EXHIBIT A WELCO LUMBER CO. SALE TO CITY OF MARYSVILLE LEGAL DESCRIPTION PARCEL A: That portion of the Northeast quarter of-the Northwest quarter and Government Lot 2 of Section 33,Township 30 North,Range 5 East W.M.,described as follows: Commencing at the Southeast 'corner of Block 9,D.A.QUINNS 1ST ADDITION TO ~YSVILLE,according to the Plat thereof recorded in Volume 1 of Plats,Page 69,records of snohomish County,Washington; THENCE due West 1.95 feet along the South line of said Block 9 to the Westerly margin of primary State Highway No.1; THENCE angle left 86°36'to become tangent to a curve; THENCE Southerly along said Westerly margin of P.S.H.No.1 on a curve to the right having a radius of 1106.0 feet and consuming an angle of 8°33'39"for 165.25 feet to the true point of beginning; THENCE continue on said curve to the right having a radius of 1106.0 feet and consuming an angle of 9°24'57"for 184.97 feet to the centerline of the Great Northern Railroad spur, THENCE North 59°55'West along the centerline of said spur for 639.50 feet and consuming an angle of 10°27'30"for 116.73 feet; THENCE North 17°59"East for 124.20 feet; THENCE South 75°43'26"East for 175.28 feet to the true point of beginning. Situate in the County of Snohomish,State of Washington. PARCEL B: That portion of Government Lot I,Section 33,Township 30 North,Range 5 East W.M.,described as follows: Beginning at the monument in the intersection of First Street and Delta Street in the Town of Marysville,said monument being 46.94 feet East and 20 feet South of the Southeast corner of Block 7,plat of the Town of Marysville,according to the Plat thereof recorded in volume 1 of Plats,Page 29,records of Snohomish County,Washington; THENCE South along the monument line produced,which monument line is parallel to and 20 feet West of the East line of Delta Street for 48 feet to the South line of First Street; THENCE angle right 90°along the South line of First Street for 37.4 feet to the true point of beginning of the tract herein described; THENCE South parallel to Delta Street produced for 140 feet; THENCE West 21.39 feet; THENCE South 11°02'West 425 feet; THENCE East 21.39 feet to a point on a line bearing South 11°02'West and North 130 feet,more or less,from a point on the North bank of Ebey Slough; THENCE Easterly at right angles to said bearing for 16 feet; THENCE angle right 90°for 130 feet,more or less,to the North bank of Ebey Slough; THENCE Easterly along Ehey Slough to the East line of Government Lot 1 of said Section 33; THENCE North along said East line to a point 140 feet South of the South line of Firs,t Street; THENCE West to a point on a line 35 feet West of and parallel to the West line of Lot 7,Block 9 of QUINN'S FIRST ADDITION TO MARYSVILLE,according to the Plat thereof recorded in Volume 6 of Plats,Page 19; THENCE North 140 feet to the South line of First Street; THENCE West 22.4 feet,more or less,to the true point of beginning. Situate in the County of Snohomish,State of Washington. ..:.." EXHIBIT A (Continued) PARCEL C: That portion of the Northeast quarter of the Northwest quarter and Government Lot 2 of Section 33,Township 30 North,Range 5 East W.M.lying Southerly of D. A.QUINNS FIRST ADDITION TO MARYSVILLE,according to the Plat therebf recorded in Volume 1 of Plats,Page 69,records of Snohomish County,Washington, and lying Westerly of primary State Highway No. 1 and Northerly of Ebey Slough; EXCEPTING therefrom the following: Commencing at the Southeast corner of Block 9,said D. A.QUINNS FIRST ADDITION TO MARYSVILLE; THENCE due West along the South line of said Block 9 for 1.95 feet to the Westerly margin of primary State Highway No.1; THENCE angle left 86°36'to become tangent to a curve; THENCE Southerly along said Westerly margin of primary State Highway No. 1 on a curve to the right having a radius of 1106.0 feet and consuming an angle of 8°33'39"for 165.25 feet to the true point of beginning; THENCE continue along said curve to the right having a radius of 1106.0 feet and consuming an angle of 9°34'57"for 184.97 feet to the centerline of the Great Northern Railway Company's spur track; THENCE,North 59°55'West along said centerline of the spur track for 69.04 feet; THENCE on a curve to the right having a radius of 639.50 feet and consuming an angle of 10°27'30"for 116.73 feet; THENCE North 17°59'East for 124.20 feet; THENCE South 75°43'26"East for 175.28 feet to the true point of beginning; AND EXCEPT any portion thereof lying within that area used by Great Northern Railroad spur track abutting the property described in the first exception. Situate in the County of Snohomish,State of Washington. PARCEL D: A portion of Government Lot 1 and a portion of the N-;;rtheast quarter of the Northwest quarter of Section 33,Township 30 North,Range 5 East W.M.,described as follows: Beginning at the Northwest corner of Block 9,D. A. QUINN'S FIRST ADDITION TO MARYSVILLE,according to the Plat thereof recorded in Volume 1 of Plats,Page 69,records of Snohomish County,Washington; THENCE due West for 35.0 feet; THENCE due South for 140.0 feet; THENCE due East to the East line of said Government Lot 1; THENCE North along said East line of Government Lot 1 to an intersection with the South line of said Block 9,produced Westerly; THENCE due East along the Westerly production of said South line of Block 9,to the Southwest corner of said Block 9; THENCE due North for 120~0 feet to the point of beginning. Situate in the County of Snohomish,State of Washington.