HomeMy WebLinkAboutO-2474 - Condemnation, appropriation of property (Special)CITY OF MARYSVILLE
Marysville,Washington
ORDINANCE NO.~
AN ORDINANCE OF THE CITY OF MARYSVILLE,WASHINGTON,
AUTHORIZING THE CONDEMNATION,APPROPRIATION,TAKING AND
DAMAGING OF LAND AND OTHER PROPERTY FORTHE IMPROVEMENT
OF THE INTERSECTION AT 64TH STREET N.E. (SR 528)AND 47TH
AVENUE N.E.
WHEREAS, the City Council of the City of Marysville (hereinafter the "City")
finds as follows:
1. Public safety, convenience, use and necessity demand the replacement of the
traffic signal and the widening and improvement of the intersection at 64th Street N.E. (SR
528) and 47th Avenue N.E. to allow for improved traffic efficiency, to comply with the
Americans With Disabilities Act and to meet engineering standards.
2. The City has conducted engineering studies and has deterntined that it will
be necessary to acquire certain real property for the street improvements as more
specifically described in EXHIBIT "A", attached hereto and incorporated herein by this
reference.
3. The entire cost of the acquisition provided by this ordinance shall be paid by
the following funds of the City:
Fund No. 305 (Arterial Street Fund and Growth Management Fund)
or such other funds of the City as may be provided by law.
4. The City and certain property owners may be unable to agree upon the
compensation to be paid for said properties.
5. The City has authority pursuant to RCW 8.12 to acquire, if necessary, title
to real property for public purposes.
NOW,THEREFORE,THE CITY COUNCIL OF THE CITY OF MARYSVILLE,
WASHINGTON DO ORDAIN AS FOLLOWS:
1.The City is hereby authorized to condemn, appropriate, take and damage the
real property located adjacent to 64th Street N.E. (SR 528) and 47th Avenue N.E. as
described in EXHIBIT "A" hereto.
c s/mvIsr 52 811/4 7th.64th.ord 1
2. The use of the property described in EXIllBIT "A" is to improve the
intersection at 64th Street N.E. (SR 528) and 47th Avenue N.E.,which is a permanent
public use that is reasonably necessary.
3. All lands, rights, privileges and other property lying within the limits of the
land described in EXHIBIT "A" are hereby authorized to be condemned, appropriated,
taken and damaged for the purpose of improving the intersection at 64th Street N.E. (SR
528) and 47th Avenue N.E. 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
the following funds of the City:
Fund No. 305 (Arterial Street Fund and Growth Management Fund)
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.
PASSED by the City Council and APPROVED by the Mayor this ;Lj-Mday of
April, 2003.
CITY OF MARYSVILLE
MAYOR
Affl~./}
BY;~<:A/A--
CLERK
Approved as to form:
BY~t:.W~
.CITY ATTORNEY
Date of Publication:4 -;13 -0 "'3
Effective Date (5 days after publication):
cs/mvlsr5281114 7th.84th.ord 2
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EXHIBIT "A"
64th Street N.E.(SR 528) and 47th Avenue N.E.
Improvement Project
Legal Descriptions of Properties
Authorized to be Condemned,Appropriated,Taken and Damaged
Adjacent to StateAvenue between Grove Streetand First Street
PARCEL I-I
RIGHT -OF-WA Y ACQUISITION
Legal Description
AN ACQUISITION OF A PORTION OF A PARCEL OF LAND LOCATED IN THE
SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER,SECTION 28,
TOWNSHIP 30 NORTH,RANGE 5 EAST OF THE WM.SAID PARCEL MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
ALL THAT PORTION OF LIBERTY STREET SHOWING ON THE MAPOF
QUINN'S SECOND ADDITION TO MARYSVILLE,ACCORDING TO THE PLAT
THEREOF,RECORDED IN VOLUME 2, OF PLATS,PAGE 60, IN SNOHOMISH
COUNTY,WASHINGTON,LYING ADJOINING TO AND ABUTTING UPON LOT
16,BLOCK 5 OF SAID ADDITION AND BETWEEN THE SOUTH LINEOF THE
ALLEY IN BLOCK 5 AND THE NORTH LINEOF FOURTH STREET,
PRODUCED EAST TO THE EAST LINEOF SAID LIBERTY STREET AS SHOWN
ON SAID PLAT HERETOFORE LEGALLY VACATED;
TOGETHER WITH A STRIP OF LAND IN THE SOUTHWEST QUARTER OF THE
SOUTHEAST QUARTER OF SECTION 28,TOWNSHIP 30 NORTH,RANGE 5
EAST,W.M., IN SNOHOMISH COUNTY,WASHINGTON,LYING BETWEEN
SAID LIBERTY STREET AND THE WEST LINEOF COUNTY ROAD AND
BETWEEN THE SOUTH LINE OF ALLEY IN SAID BLOCK 5 AND THE NORTH
LINEOF FOURTH STREET PRODUCED EAST TO EAST LINEOF SAID
SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER.
EXCEPT THE EAST 4.5 FEET OF THE SOUTHWEST QUARTER OF THE
SOUTHEAST QUARTER OF SECTION 28,TOWNSHIP 30 NORTH,RANGE 5
EAST,W.M., IN SNOHOMISH COUNTY,WASHINGTON,LYING BETWEEN
THE NORTH LINEOF FOURTH STREET AND SOUTH LINEOF THE
ALLEYWAY IN BLOCK 5,QUINN'S SECOND ADDITION TO MARYSVILLE,
ACCORDING TO THE PLAT THEREOF,RECORDED IN VOLUME 2, OF
PLATS,PAGE 60, IN SNOHOMISH COUNTY,WASHINGTON.
Exhibit A-I
cslmvIsr5 281114 7th .64th .ord
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SITUATE IN THE COUNTY OF SNOHOMISH, STATE OF WASHINGTON.
SAID ACQUISITION MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF THE ABOVE DESCRIBED
PARCEL, SAID CORNER BEING 37.5 FEET NORTHERLY OF, WHEN
MEASURED PERPENDICULAR TO, THE CENTERLINE OF 64TH STREET NE;
THENCE SOUTH 88° 35' 38" EAST 21.08 FEET, ALONG THE SOUTHERLY
LINE OF SAID PARCEL TO THE POINT OF BEGINNING:
THENCE CONTINUING SOUTH 88° 35' 38" EAST 24.59 FEET TO THE
SOUTHEAST CORNER OF SAID PARCEL, SAID CORNER BEING 4.5 FEET
WESTERLY OF, WHEN MEASURED PERPENDICULAR TO, THE EAST LINE
OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID
SECTION 28;
THENCE NORTH 0°52'12" EAST 27.25 FEET ALONG THE EAST LINE OF
SAID PARCEL;
THENCE SOUTH 43° 10' 28" WEST 36.53 FEET ALONG SAID EAST LINE TO
THE POINT OF BEGINNING.
CONTAINING AN AREA OF 335 SQUARE FEET, MORE OR LESS.
PARCEL 1-2
RIGHT-OF-WAY ACQUISITION
Legal Description
AN ACQUISITION OF A PORTION OF A PARCEL OF LAND LOCATED IN THE
SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER, SECTION 28,
TOWNSHIP 30 NORTH, RANGE 5 EAST OF THE WM. SAID PARCEL MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE EAST LINE OF THE MARYSVILLE-
ARLINGTON HIGHWAY, 695 FEET SOUTH OF THE NORTH LINE OF SAID
SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER;
THENCE CONTINUE SOUTH ALONG THE EAST LINE OF SAID HIGHWAY TO
THE NORTH LINE OF STATE ROAD 528 AS CONVEYED TO THE STATE OF
WASHINGTON BY DEED RECORDED UNDER AUDITOR'S FILE NO. 2369926;
THENCE EAST ALONG SAID NORTH LINE 100 FEET, MORE OR LESS, TO
THE WEST LINE OF A TRACT CONVEYED TO STANLEY K. ROSTAD AND
ALICE E. ROSTAD, HUSBAND AND WIFE, UNDER AUDITOR'S FILE NO.
902825;
THENCE NORTH, EAST AND NORTH ALONG SAID WEST LINE AND SAID
LINE PRODUCED,TO THE SOUTH LINE OF A TRACT CONVEYED TO PAUL
LOE UNDER AUDITOR'S FILE NO. 140679;
THENCE WEST 120 FEET, MORE OR LESS TO THE POINT OF BEGINNING.
SITUATE IN THE COUNTY OF SNOHOMISH, STATE OF WASHINGTON.
Exhibit A - 2
cslmv/sr52811/47th.64th.ord
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SAID ACQUISITION MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF THE ABOVE DESCRIBED
PARCEL,SAID POINT BEING 50.00 FEET EAST OF,WHEN MEASURED
PERPENDICULAR TO, THE WEST LINEOF SAID SOUTHEAST QUARTER OF
THE SOUTHEAST QUARTER,SAID POINT ALSO BEING 40.00 FEET
NORTHERLY OF,WHEN MEASURED PERPENDICULAR TO, THE
CENTERLINE OF 64TH STREET NE;
THENCE SOUTH 88° 35' 38"EAST 20.00 FEET ALONG THE SOUTHERLY
LINE OF SAID PARCEL;
THENCE NORTH 36° 29' 57"WEST 32.95 FEETTO THE WEST LINE OF SAID
PARCEL;
THENCE SOUTH 0° 52'12"WEST 26.00 FEET ALONG SAID WEST LINE,TO
THE POINT OF BEGINNING.
CONTAINING AN AREA OF 260 SQUARE FEET,MORE OR LESS.
PARCEL 1-3
RIGHT-OF-WAY ACQUISITION
Legal Description
AN ACQUISITION OF A PORTION OF A PARCEL OF LAND LOCATED IN THE
SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER,SECTION 28,
TOWNSHIP 30 NORTH,RANGE 5 EAST OF THE WM.SAID PARCEL MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
ALL THAT PORTION OF LIBERTY STREET SHOWN ON THE MAP OF
QUINN'S SECOND ADDITION TO MARYSVILLE,ACCORDING TO THE PLAT
THEREOF,RECORDED IN VOLUME 2, OF PLATS,PAGE 60,RECORDS OF
SNOHOMISH COUNTY,WASHINGTON,LYING ADJACENT TO AND
ABUTTING UPON LOT I,BLOCK IO OF SAID ADDITION AND BETWEEN THE
SOUTH LINE OF FOURTH STREET AND THE NORTH LINE OF THE ALLEY IN
SAID BLOCK 10 PRODUCED EAST TO THE EAST LINEOF LIBERTY STREET
AS SHOWN ON SAID PLAT HERETOFORE LEGALLY VACATED;
TOGETHER WITH A STRIP OF LAND IN THE SOUTHWEST QUARTER OF THE
SOUTHEAST QUARTER OF SECTION 28,TOWNSHIP 30 NORTH,RANGE 5
EAST,W.M.,LYING BETWEEN SAID LIBERTY STREET AND THE WEST LINE
OF THE COUNTY ROAD AND BETWEEN SOUTH LINEOF FOURTH STREET
AND THE NORTH LINEOF THE ALLEY IN SAID BLOCK 10 PRODUCED EAST
TO THE EAST LINE OF SAID SOUTHWEST QUARTER OF THE SOUTHEAST
QUARTER.
SITUATE IN THE COUNTY OF SNOHOMISH,STATE OF WASHINGTON.
SAID ACQUISITION MORE PARTICULARLY DESCRIBED AS FOLLOWS:
Exhibit A - 3
cs/mv/sr52811/47th.64th.ord
i.',.'••.._....~
COMMENCING AT THE NORTHWEST CORNER OF THE ABOVE DESCRIBED
PARCEL;
THENCE SOUTH 88° 35' 38" EAST 20.87 FEET, ALONG THE NORTHERLY
LINE OF SAID PARCEL, SAID LINE BEING 37.50 FEET SOUTHERLY OF,
WHEN MEASURED PERPENDICULAR TO, THE CENTERLINE OF 64TH
STREET NE, TO THE POINT OF BEGINNING;
THENCE AT RIGHT ANGLES SOUTH 1°24'22"WEST 5.00 FEET;
THENCE SOUTH 54° 40' 37" EAST 27.95 FEET TO A LINE WHICH IS
PARALLEL WITH AND 7.00 FEET WESTERLY OF, WHEN MEASURED
PERPENDICULAR TO, THE EAST LINE OF THE ABOVE DESCRIBED PARCEL;
THENCE SOUTH 0° 52' 12" WEST 9.47 FEET ALONG SAID PARALLEL LINE;
THENCE AT RIGHT ANGLES SOUTH 89° 07' 48" EAST 7.00 FEET, TO THE
EASTERLY LINE OF SAID PARCEL, SAID LINE ALSO BEING THE EAST LINE
OF THE ABOVE DESCRIBED SOUTHWEST QUARTER OF THE SOUTHEAST
QUARTER OF SECTION 28;
THENCE NORTH 0°52'12" EAST 30.00 FEET ALONG SAID EASTERLY LINE
TO THE NORTHEAST CORNER OF THE ABOVE DESCRIBED PARCEL;
THENCE NORTH 88° 35' 38" WEST ALONG THE NORTH LINE OF THE
ABOVE DESCRIBED PARCEL, PARALLEL WITH SAID CENTERLINE OF 64TH
STREET NE, 30.00 FEET TO THE POINT OF BEGINNING.
CONTAINING AN AREA OF 505 SQUARE FEET, MORE OR LESS.
PARCEL 1-4
RIGHT-OF-WAY ACQUISITION
Legal Description
AN ACQUISITION OF A PORTION OF A PARCEL OF LAND LOCATED IN THE
SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER, SECTION 28,
TOWNSHIP 30 NORTH, RANGE 5 EAST OF THE WM.,SAID ACQUISITION
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
THE NORTH 19.00 FEET OF THE WEST 17.00 FEET OF THE FOLLOWING
DESCRIBED PARCEL:
BEGINNING AT THE SOUTHWEST CORNER OF SAID SOUTHEAST QUARTER
OF SAID SOUTHEAST QUARTER;
THENCE NORTHERLY PARALLEL TO MARYSVILLE-ARLINGTON HIGHWAY
314.5 FEET;
Exhibit A- 4
cs/mv/sr52811/47th.64th.ord
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THENCE EASTERLY PARALLEL TO NORTH LINEOF 3RD STREET
PRODUCED IN CITY OF MARYSVILLE 35.8 FEETTO EAST RIGHT OF WAY
LINEOF MARYSVILLE-ARLINGTON ROAD;
THENCE NORTHERLY ALONG SAID EAST RIGHT OF WAY LINEOF
MARYSVILLE-ARLINGTON ROAD A DISTANCE OF 123 FEET,MORE OR
LESS,TO THE NORTHWEST CORNER OF TRACT OF LAND DEEDED TO
HARRY MARTIN UNDER AUDITOR'S FILE NUMBER 809301,THE TRUE
POINT OF BEGINNING;
THENCE CONTINUE NORTHERLY ALONG RIGHT OF WAY 60 FEET TO
NORTHWEST CORNER OF TRACT OF LAND DEEDED TO THOMAS R.
HUEHLEY BY DEED UNDER FILE NUMBER 733195;
THENCE EAST 100 FEET;
THENCE SOUTH 60 FEET;
THENCE WEST 100 FEET TO TRUE POINT OF BEGINNING;
EXCEPT STATE ROUTE 528;
AND EXCEPT PORTION CONVEYED TO CITY OF MARYSVILLE BY DEED
RECORDED UNDER AUDITOR'S FILE NUMBER 8302090114.
SITUATE IN THE COUNTY OF SNOHOMISH,STATE OF WASHINGTON.
CONTAINING AN AREA OF 323 SQUARE FEET,MORE OR LESS.
Exhibit A - 5
cs/mv/sr5 2811/4 7th,64th,ord