HomeMy WebLinkAboutO-2522 - Condemnation, appropriation of property (Special)r .:;~
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CITY OF MARYSVILLE
Marysville,Washington
ORDINANCE NO.J"SJ-..)",
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AN ORDINANCE OF THE CITY OF MARYSVILLE.WASHINGTON.
AUTHORIZING THE CONDEMNATION,APPROPRIATION,TAKING AND
DAMAGING OF LAND AND OTHER PROPERTY FOR IMPROVEMENTS IN
CONNECTION WITH THE NORTH MARYSVILLE MASTER DRAINAGE BASIN
PLAN AND REGIONAL DETENTION FACILITY
WHEREAS, the City Council of the City of Marysville (hereinafter the "City") finds
as follows:
I. Public safety, convenience, use and necessity demand the construction of
drainage facilities in the area of 152nd Street NE and 40th Avenue NE for purposes of
controlling storm water and runoff.
2. The City has conducted engineering studies and has determined that it will be
necessary to acquire certain real property for access to the City's proposed regional detention
pond site, which access is more specifically described as follows:
The Westerly 20 feet of the following-described property, as measured at right
angles to the West boundary thereof:
The East half of the Southeast quarter of the Northwest quarter of Section 33,
Township 31 North, Range 5 East,W.M.,EXCEPT that portion lying within
the right of way of 152nd Street SE; ALSO EXCEPT the East 30 feet thereof
conveyed to Snohomish County for Drainage District NO.5 by deed recorded
under Recording Number 236006.
PROVIDED, the East and West lines of said West 20 feet shall be extended as
necessary to intersect with the North and South boundary lines of the above-
described parcel.
TOGETHER WITH the West 20 feet of the North 50 feet of the following-
described parcel:
The East half of the Northeast quarter of the Southwest quarter of Section 33,
Township 31 North, Range 5 East W.M.;
EXCEPT the East 30 feet thereof conveyed to Snohomish County for Drainage
District No. 5 by deed recorded under Recording Number 236006.
All situate in the County of Snohomish, State of Washington.
hereinafter the "Property,"because alternate means of access are not feasible.
3. The entire cost of the acquisition provided by this ordinance shall be paid by
the following funds of the City:
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Surface Water Account No. 401
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.
Property.
The City is hereby authorized to condemn, appropriate, take and damage the
2. The use of the Property is for access to the City's proposed regional detention
pond, which is permanent public use which is reasonably necessary. Alternate means of
access are not feasible.
3. All lands, rights, privileges and other property lying within the limits of the
Property are hereby authorized to be condemned, appropriated, taken and damaged for the
purpose of providing access to the City's proposed regional detention pond. 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:
Surface Water Account No. 401
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/7-tt..day of May,
2004.
CITY OF MARYSVILLE
By>L;~J6Jt
DENNIS L.KENDALL, Mayor
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ATTEST:
BY.~ClFRK
Approved as to form:
BY~r.W,p..Q
;CITY ATTORNEY
Date of Publication:>/1 q /0 if
Effective Date (5 days after publication):5&'-I/o,!
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