HomeMy WebLinkAboutO-2154 - Property condemnation (Special)CITY OF MARYSVILLE
Marysville,Washington
ORDINANCE NO.<::2/S'~
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AN ORDINANCE OFTHE CITY OF MARYSVILLE,WASHINGTON AUTHORIZING
THE CONDEMNATION,APPROPRIATION,TAKING AND DAMAGING OF LAND
AND OTHER PROPERTY FOR INSTALLATION OF STORM WATER UTILITIES
WHEREAS,the City Council of the City of Marysville
(hereinafter the "City")finds as follows:
1.Public convenience,use and necessity demand the
installation of drainage and storm water utility lines between
116th Street N.E.and 38th Avenue N.E.to meet drainage
requirements.
2.The City has conducted engineering studies and has
determined that it will be necessary to acquire an easement over
the following-described property for the purposes of installation
of drainage and storm water utility lines:
PARCEL A:
The West 20 feet and the North 20 feet of the
following-described property:
That portion of the Northwest quarter of Section 9,
Township 30 North,Range 5 East,W.M.,more
particularly described as follows:
Beginning at a point where the Westerly right-of-way
line of the Seattle and Montana Railway intersects the
East and West quarter line of said Section 9;Thence
North 89°01'00"West along said East and West quarter
line for 1209.00 feet,the True Point of Beginning;
Thence continue North 89°01'00"West for 193.50 feet;
Thence North 0°11'00"West for 654.25 feet;Thence
South 88°54'42"East for 193.50 feet;thence South
0°11'00"East for 653.90 feet to the True Point of
Beginning.
Situate in the County of Snohomish,State of
Washington.
PARCEL B:
The West 40 feet of the North 20 feet of the following-
described property:
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All that portion of the Southwest quarter of the
Northwest quarter of Section 9,Township 30 North,
Range 5 East,W.M.,described as follows:
Beginning at a point where the Westerly right-of-way
line of the Seattle and Montana Railway intersects the
East and West quarter line of said section 9;Thence
North 89°01'00"West along said East and West quarter
line for 942.5 feet,the True Point of Beginning;
Thence continue North 89°01'00"West for 266.50 feet;
Thence North 0°11'00"West for 653.90 feet;Thence
South 88°54'42"East for 266.51 feet;Thence South
0°11'00"East for 653.41 feet to the True Point of
Beginning;SUBJECT TO a 15-foot road along the South
line.
Situate in the County of Snohomish,State of
Washington.
3.
ordinance
the City,
law.
The entire cost of the acquisition provided by this
shall be paid by utility capital improvement funds of
or such other funds of the City as may be provided by
4.The City and the property owners have been unable to
agree upon the compensation to be paid for said easement.
5.The City has authority pursuant to RCW 8.12 to acquire,
if necessary,easements upon real property for public purposes.
NOW,THEREFORE, THE CITY COUNCIL OF THE CITY OF MARYSVILLE,
WASHINGTON DO ORDAIN AS FOLLOWS:
l.
take and
N.E.and
above.
The City is hereby authorized to condemn,appropriate,
damage the real property located between 38th Avenue
116th Street N.E.,legally described as Parcels A and B
2.The use of the property described as Parcels A and B
above is to install drainage and storm water utility lines,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 as Parcels A and B above
are hereby condemned,appropriated,taken and damaged for the
purpose of installing drainage and storm water utility lines.
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.
4.The cost of the acquisition provided for by this
ordinance shall be paid by utility capital improvement funds of
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the City,or such other funds of the City 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.
~PASSED by the City Council and APPROVED by the Mayor this
~lv~day of October,1997.
CITY OF MARYSVILLE
By Qi {~
MAYOR
CLERK
Approved as to form:
By~/C0Jd2
•CITY ATTORNEY
Date of Publication:
Effective Date (5 days after publication):
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