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Home My WebLink AboutO-2482 - Condemnation, appropriation of property (Special)---------lf...iJ..,I ! i I, CITY OF MARYSVILLE Marysville,Washington ORDINANCE NO.2.'-!~2. AN ORDINANCE OFTHE CITY OF MARYSVILLE,WASHINGTON AUTHORIZING THE CONDEMNATION,APPROPRIATION,TAKING AND DAMAGING OF LAND AND OTHER PROPERTY FOR CONSTRUCTION OF A RESERVOIR WHEREAS,the City Council of the City of Marysville (hereinafter the "City")finds as follows: 1.Public safety,convenience,use and necessity demand acquisition of land for construction of a water reservoir to expand water and fire flow capacity. 2. The City has conducted studies of available land and has determined that the property which best suits its needs is located at 7019 Wade Road,Marysville,Washington, and is legally described in EXHIBIT A attached hereto and incorporated herein by this reference,hereinafter the "Property." 3. The entire cost of the acquisition provided by this ordinance shall be paid from the following fund: City Water Fund No. 402 or such other funds as may be provided by law. 4. The City may be unable to agree with the Property owner upon the compensation to be paid for the Property. 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 at 7019 Wade Road,Marysville,Washington,and legally described in EXHIBIT A attached hereto. 2.The use of the Property is for a water reservoir,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 Property are hereby condemned,appropriated,taken and damaged for the purpose of Ics/mv/reservoir .ore! Project WO 101 1 acquiring a reservoir site. 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 from the following fund: City Water Fund No. 402 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 2 gff.day of July, 2003. CITY OF MARYSVILLE By (lJu)~ MAYOR ATTEST: Approved as to form: B~rC~ CITY ATTORNEY Date of Publication:1-30 -0 3 Effective Date (5 days after publication):_-'-'-----+----""-'-<-- Icslmv/rtscrvoir .ord Project WO 101 2 EXHIBIT A LEGAL DESCRIPTION OF RESERVOIR PROPERTY ACQUISITION CITY OF MARYSVILLE WADE ROAD RESERVOIR RESERVOIR SITE LEGAL DESCRIPTION That portion ofthe Northwest quarter ofthe Southwest quarterandthe Northeast quarter of theSouthwest quarter,Section 35,Township 31 North,Range 5 East,W.M.described as follows: Commencing atthe Northwest comerofthe Southwest quarter ofsaidSection35; Thence South 88°36'W'East,meridian,North AmericanDatumof 1983,1991 adjustment, along theNorthlineofsaid Southwest quarter it distanceofl 059.46 feet to ,a pointonthe curve of theEastline of the former Northern Pacific Railway Company right of way,the radial center ofwhichbears North 82°12'30"Westa distance of5779;65 feet; Thence Southerly along said curve anarc distance-of586.05 feet and consuminga central angle of05°48'35"tothe Southwest comer of "Parcel"A"as described in Quit Claim Deed' recorded under Auditor's FileNo.200001030979,and depicted on Record of Survey recorded under Auditor's File No,7708260243,records of Snohomish County,Washington; Thence South 85°52'11"East along theSouthline ofsaid"Parcel A"a distance of 173.55 feet tothe True Pointof Beginning; Thence continuing South 85~52'11"EastalongtheSouthlineofsaid"ParcelA"a distance of 543.59 feet; ThenceNorth22°47'25"West parallel With and 60.00 feetWesterlyof,when measured at right angles to,the Easterly lineofsaid "Parcel A"adistanceof317.45 feet; Thence North ,84°49'04"West a distance of372.91 feet; Thence South 09°27'13"West a distance of291.15 feet 10 thePoint of Beginning. Situate inthe County of Snohomish Stateof Washington. Contains 3.01 Acres,moreor less. EXPIRES,]-11- Project WOlDl 3 J .j '< CITYOF MARYSVILLE WADEROAD RESERVOIR 40 FOOT EASEMENT LEGAL DESCRIPTION Thatportion of the Northwest quarter of theSouthwestquarter,Section35,Township3I North,Range5East, W:M.described as follows: Commencing attheNorthwestcomer ofthe Southwestquarterofsaid Section35; ThenceSouth 88°36'19"East,meridian,North American Datum of I983,I 991 adjustment, along theNorthline of said Southwestquarter 'a distance of 1059.46·feet to apointon the '.'.. curve of the Eastline.ofthe formerNorthernPacificRailwayCompanyright of way,the radialcenter of whichbearsNorth 82°12'30"Westa distance of 5779.65 feet; .ThenceSoutherlyalongsaid curve an-arc distance of 586.05 feet and consumingacentral angle of 05,°48'35"tothe Southwest comer of "ParcelA" asdescribedin Quit Claim Deed. recordedunderAuditor'sFileNo.200001030979,and depictedon Record of Survey recorded underAuditor'sFileNo.7708260243,recordsof Snohomish County,Washington'andthe TruePoint of Beginning; ThenceSouth 85°52'11"East alongthe Southline of said "ParcelA" a distanceof 173.55 feet:, ThenceNorth 09°27'13"Easta distance of 40.17 feetto apointwhichis 40.00feetNorthof,' when measured atrightanglesto, saidSouthline;. ThenceNorth 85°52'11"Westparallelwith saidSouthline a distanceof 170.74feetto said rightof waytheradialcenter of whichbearsNorth 76°47'34"Westa distance of 5779.65 feet; ThenceSoutherlyalongsaid curvean arcdistanceof 40.53feet andconsuminga central ' angleof 00°24'06"to the True Point of Beginning.' Situatein theCountyof Snohomish Stateof Washington. EXPIRES:3-11- CITYOF MARYSVILLE WADE ROAD RESERVOIR 70FOOT EASEMENT LEGAL DESCRIPTION Thatportionof the Northwest quarter of the Southwest quarter,Section35,Township 31 North,Range5East,W.M.described as follows: Commencing at the Northwest comerof the Southwest quarter of saidSection35; Thence South 88°36'19"East,meridian,North American Datumof1983,1991 adjustment, alongtheNorth line ofsaid Southwest quartera distance of 1059.46 feetto apointonthe curve of theEastlineofthe former Northern Pacific Railway Companyright of way,the radialcenter of whichbearsNorth 82°12'30"Westadistanceof 5779.65 feet; Thence Southerly alongsaidcurveanarc distance of 545.52 feetand consuming a central angleof 05°24'29"totheTruePointof Beginning; Thence continue Southerly alongsaidcurveanarc distance of 346.48 feetand consuming a central angleof 03°26'05"toapointontheNorthrightofwaylineofWadeRoadper Quit ClaimDeed filed inVolume249of deeds,page402,records of Snohomish County .Washington,saidpointbeingon a curvethe radial center of which bearsSouth 19°20'56" Westa distance of 603.69 feet; Thence Westerly alongsaidcurveanarc distance of70.04 feetand consuming a central angle of 06°38'52"toapointon a curvewhichis parallel withand 70.00 feet Westerly of,when measured radiallyto,saidEastlineof the former Northern Pacific Railway Company rightof way,the radial center ofwhich bearsNorth 73°21 '02"Westa distance of 5709.65 feet; Thence Northerly alongsaidcurveanarc distance of331.86feetand consuming a central angleof 03°19'48"; ThenceSouth 85°52'11 " Easta distance of70.90 feet tothe TruePoint of Beginning.. SituateintheCountyof Snohomish Stateof Washington. EXPIRES:3-11-