HomeMy WebLinkAboutO-2164 - Street vacation (Special)CITY OF MARYSVILLE
Marysville,Washington
ORDINANCE NO.2/G4
AN ORDINANCE OF THE CITY OF MARYSVILLE VACATING PORTIONS
OF 56th STREETN.E. AND 73rd AVENUE N.E.
WHEREAS,by Petition for Vacation of Street under City
file no.PA 9610043,Daniel and Eileen Schei requested that
the Marysville City Council consider vacation of portions of
56th Street N.E.and 73rd Avenue N.E.,being legally
described on EXHIBIT A attached hereto;and
WHEREAS,a public hearing was held on the vacation of
said street on October 6,1997;and
WHEREAS,the City Council considered the evidence
presented at the hearing and entered the following findings
of fact:
1.The above-described portions of 56th Street N.E.
and 73rd Avenue N.E.have remained unopened since they were
originally acquired by the City,and serve no public purpose.
2.The vacation of these portions of right of way
would not adversely affect the street pattern or circulation
of the immediate area or the community as a whole.
3.The public need will not be adversely affected by
the vacation of these alleys.
4.No abutting owner will become landlocked nor will
access to any abutting properties be substantially impaired.
5.The right of way to be vacated was derived solely
from the following-described property:
Lots 30 and 40 of Neartown Acre Tracts,as per plat
recorded in Volume 8 of Plats,page 7,records of
Snohomish County,Washington,
and the entire vacated right of way should therefore attach
solely to said Lots 30 and 40 of Neartown Acre Tracts.
6.The owners of Lots 30 and 40 of Neartown Acre
Tracts are willing to purchase said right of way from the
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City at a total price of $9,785.34 representing 50%of the
assessed valuation of the same.
NOW,THEREFORE,THE CITY COUNCIL OF THE CITY OF
MARYSVILLE,WASHINGTON,DO ORDAIN AS FOLLOWS:
Section 1.Those portions of 56th Street N.E.and 73rd
Avenue N.E.as legally described in EXHIBIT A are hereby
vacated,and the entire vacated right of way shall attach to
Lots 30 and 40 of Neartown Acre Tracts,as per plat recorded
in Volume 8 of Plats,page 7,records of Snohomish County,
Washington.
Section 2.The above-described property shall be
vacated subject to reservation of a perpetual easement in
favor of the City of Marysville for sewer,water,storm water
and drainage utilities over,across,under and through the
property as described in EXHIBIT B.
Section 3.In consideration for the vacation of said
street,the abutting owners who are receiving title to the
street shall pay the City the sum of $9,785.34 for the
property conveyed to them.Payment of said sum shall be a
condition precedent of this ordinance becoming effective.
Section 4.This ordinance and the vacation of the
street referred to herein shall become effective five (5)
days after the payment of the above-referenced sum and 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 November,1997.
Mayor
Attes
City Clerk
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Approved as to form:
By /j~,G {pJ...v.dZ
-City Attorney
Date of Publication:
Effective Date (5 days after publication):
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EXHIBIT A
LEGAL DESCRIPTION OF ROAD VACATION FOR
PLAT OF ARI'S RUN
THAT PORTION OF THAT CERTAIN ROAD 30.00 FEET WIDE CURRENTLY KNOWNAS
56TH STREET N.E., LYING NORTH OF AND ADJOINING LOT 30 AND LOT 40, PLATOF
NEARTOWN ACRE TRACTS,RECORDED IN VOLUME 8 OF PLATS,.PAGE 7,RECORDS OF
SNOHOMISH COUNTY.WASHINGTON,WH1CH IS BOUND ON THE.WEST BYTHE NORTH
EXTENSION OF THE WEST LINE OF SAID LOT 40, AND BOUND ON THE EASTBYTHE
NORTH EXTENSION OF THE EAST LINE OF SAID LOT 30.
TOGETHER WITH THAT PORTION OF THAT CERTAIN ROAD 60.00 FEET WIDE
CURRENTLY KNOWN AS 73RD AVENUE N.E., AS SHOWN ON THE PLAT OF NEARTO\ilJN'
ACRE TRACTS. RECORDED IN VOLUME 8 OF PLATS, PAGE 7, RECORDS OF SNOHOMISH
COUNTY.WASHINGTON,DESCRIBED AS FOLLOWS;
BEGINNING AT THE NORTHWEST CORNER OF LOT 1, PLAT OF VERDA RIDGE,
RECORDED IN VOLUME 58 OF PLATS, PAGES 8 THROUGH 10, UNDER AUDITOR'S FILE
NUMBER 941175008,RECORDS OF SNOHOMiSH COUNTY,WASHINGTON;THENCE
SOUTH 00·58'36"WEST ALONG THE WEST LINE OF SAID LOT 1 FOR A DISTANCE OF
122.39 FEET; THENCE NORTH 89·01'24"WEST FOR A DISTANCE OF 30.00 FEETTO THE
EAST LINE OF LOT 30 OF SAID PLAT OF NEARTOWNACRE TRACTS; THENCENORTH
00·58'36"EAST ALONG THE EAST LINE OF SAID LOT 30 TO THE NORTHEAST CORNER
OF SAID LOT 30;THENCE CONTINUE NORTH 00·58'36"EAST TO THE NORTH LINEOF
SAID PLAT OF NEARTOWN ACRE TPACTS;THENCE NORTH 89"22'40·EAST ALONG SAID
NORTH LINE TO THE POINT OF BEGINNING.
06/05/97
96027.DOC
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.,.
EXHIBIT B
CITY OF MARYSVILLE'S RETAINED EASEMENT
An easement for water,storm water,drainage and sewer
utilities,including the perpetual right,privilege and
authority to construct,alter,improve,repair,operate and
maintain water,storm sewer,drainage and sanitary sewer
lines,pipes and appurtenances,across,under,over and upon
the street vacation property described in Exhibit A to this
ordinance.
Together with the right of ingress to and egress from
said lands across adjacent portions of the vacated right of
way,for the purpose of constructing,reconstructing,
repairing,renewing,altering,changing,patrolling and
operating said lines,and the right at anytime to remove said
lines and appurtenances from said lands.
The owner of the easement property shall have the right
to use the surface of the above-described easement,but shall
not erect any buildings,structures,patios,or other
construction of any nature on said easement.
Upon recordation of the plat of the Exhibit A property
(which plat may include other property),this easement shall
be limited to the utility easement area depicted upon said
plat,provided that said plat shall have been approved by the
CITY OF MARYSVILLE prior to recording.
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