HomeMy WebLinkAboutO-2558 - Amends Ord. 2334, condemnation and appropriation of property (Special),1
CITY OF MARYSVILLE
Marysville,Washington
ORDINANCE NO.2..558
AN ORDINANCE OF THE CITY OF MARYSVILLE. WASHINGTON AMENDING
ORDINANCE NO.2334.AUTHORIZING THE CONDEMNATION.APPROPRIATION.
TAKING AND DAMAGING OF ADDITIONAL LAND AND OTHER PROPERTY FOR THE
WIDENING OF STATE AVENUE FROM APPROXIMATELY 116TH STREET NE TO
APPROXIMATELY 136TH STREET NE. AND AUTHORIZING THE CONDEMNATION.
APPROPRIATION.TAKING AND DAMAGING OF LANDS TO EXTEND SANITARY
SEWER ONTO 116TH STREET NE
WHEREAS, the City Council of the City of Marysville (hereinafter the "City") finds as
follows:
I. Public safety,convenience,use and necessity demand the widening of the State
Avenue right-of-way from a minimum of 60 feet to an average total width of 72 feet from
approximately I16thStreet NE to approximately 136th Street NE to meet the requirements of
increased traffic, and the extension of sanitary sewers onto II6th Street NE.
2. As a result of further engineering studies, it has been determined that the design for
the State Avenue improvement project should be revised to relocate a detention pond, which
relocation will require acquisition of additional property in fee and easements for conveying storm
water thereto and for construction of other utility lines and associated improvements. It has also
been determined that the design for the State Avenue improvement project should be revised to
include extension of sanitary sewers onto ll6th Street NE, which will require acquisition of
additional easements for construction and maintenance of utility lines. The additional property to
be acquired is more specifically described in EXHIBIT A attached hereto and incorporated herein
by this reference.
3. The entire cost of the additional acquisitions provided by this ordinance shall be
paid by the following funds of the City:
Fund No. 305 (GMA-Street)
or such other funds as may be provided by law.
4. The City may be unable to agree with certain property owners upon the
compensation to be paid for said properties.
5. The City has authority pursuant to RCW Chapter 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:
Ics/mv/Slatc2 .ord.doc
I. The City is hereby authorized to condemn,appropriate,take and damage the real
property described in EXHmIT A hereto.
2. The use of the property described in EXIDBIT A is for a detention pond, storm
water and other utility lines, and associated improvements required for the widening of State
Avenue, and for extending sanitary sewers onto ll6th Street NE, 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 in EXHIBIT A are hereby authorized to be condemned,appropriated, taken and
damaged for the purpose of constructing a detention pond, storm drain and other utility lines and
associated improvements in conjunction with the widening of State Avenue and the extension of
sanitary sewers onto II6th Street NE. 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 (GMA-Street)
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 JL'day of January,
2005.
:~T[:~~?~
DENNIS L.KENDALL, Mayor
Approved as to form:
BY~C~
GRANT K. WEED, City Attorney
,
I-I Z.-0.5Date of Publication:_.L-J....:"--''''=''--_
Effective Date (5 days after publication): /-17 -05
/cs/mv/statczord.doc 2
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EXHIBIT A
1ST SECURITY BANK OF WASHINGTON -PARCEL NUMBER 30050900303200
PARCEL DESCRIPTION
LOT 3, AS DEPICTED ON THAT CERTAIN BINDING SITE PLAN RECORDED UNDER AUDITOR'S
FILE NUMBER 9605105002,RECORDS OF SNOHOMISH COUNTY,WASHINGTON,BEING A
PORTION OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 9,
TOWNSHIP 30 NORTH,RANGE 5 EASTW.M.;
EXCEPT THAT PORTION CONVEYED TO THE CITY OF MARYSVILLE BY DEED RECORDED
UNDER AUDITOR'S FILE NUMBER 9711030663.RECORDS OF SNOHOMISH COUNTY,
WASHINGTON,
SITUATED IN THE COUNTY OF SNOHOMISH,STATE OF WASHINGTON.
PERMANENT EASEMENT
THAT PORTION OF THE ABOVE DESCRIBED PARCEL DESCRIBED AS FOLLOWS:
COMMENNCING AT THE NORTHEAST CORNER OF THE ABOVE DESCRIBED PARCEL;THENCE,
ALONG THE EAST LINE OF SAID PARCEL, SOUTH 04°42'59"WEST 25.01FEET;THENCE NORTH
83°29'20"WEST 119.72 FEET,PARALLEL WITH THE NORTH LINE OF SAID PARCEL;THENCE
SOUTH 52°51'06"WEST 16.29 FEET TO THE POINT OF BEGINNING;THENCE NORTH
08°28'19"WEST 2609 FEET;THENCE SOUTH 81°31'41"WEST 17.11 FEET TO THE WEST LINE OF
SAID PARCEL AND A NON-TANGENT CURVE TO THE LEFT, THE RADIUS POINT OF WHICH
BEARS SOUTH 77°50'22"EAST 45.00 FEET;THENCE SOUTHWESTERLY ALONG SAID CURVE,
THROUGH A CENTRAL ANGLE OF 13°09'15"AN ARC DISTANCE OF 10.33 FEET;THENCE
NORTH 81°31'41"EAST 9.62 FEET; THENCE SOUTH 08°28'19"EAST 21.56 FEET; NORTH
52°51'06"EAST 11.40 FEET TO THE POINT OF BEGINNING.
CONTAINING AN AREA OF 374 SQUARE FEET
CONSTRUCTION EASEMENT
THAT PORTION OF THE ABOVE DESCRIBED PARCEL DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF THE ABOVE DESCRIBED PARCEL;THENCE,
ALONG THE NORTH LINE OF SAID PARCEL SOUTH 83°29'20"EAST 149,56 FEET TO THE
NORTHEAST CORNER OF SAID PARCEL; THENCE,ALONG THE EAST LINE OF SAID PARCEL,
SOUTH 4°40'59"WEST 25.01 FEET;THENCE,PARALLEL WITH SAID NORTH LINE,
NORTH 83°29'20"WEST 119.72 FEET; THENCE SOUTH 52°51'06"WEST 27.69 FEET;THENCE
NORTH 8°28'19"WEST 43.92 FEET TO THE BEGINNING OF A NON-TANGENT CURVE TO THE
RIGHT THE RADIUS POINT OF WHICH BEARS SOUTH 59°31'46"EAST 45.00 FEET;THENCE
NORTHEASTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 2°17'26"AN ARC
DISTANCE OF 1.80 FEET TO THE POINT OF BEGINNING.
EXCEPT THAT PORTION LYING WITHIN THE ABOVE DESCRIBED PERMANENT EASEMENT.
CONTAINING AN AREA OF 3,561 SQUARE FEET.
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EXHIBIT A
WINCO FOODS LLC -PARCEL NUMBER 0930052035
PARCEL DESCRIPTION
TRACT A:
ALL THAT PORTION OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF
SECTION 9.TOWNSHIP 30 NORTH. RANGE 5 EAST,WM.DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT WHERE THE WEST LINE OF THE GREAT NORTHERN RAILWAY
RIGHT-OF-WAY INTERSECTS THE EAST AND WEST QUARTER LINE OF SECTION 9,
TOWNSHIP 30 NORTH.RANGE 5 EAST.WM.,AND RUNNING THENCE WEST 132 FEET TO THE
TRUE POINT OF BEGINNING;THENCE CONTINUE WEST ALONG THE QUARTER LINE 239.25
FEET; THENCE NORTHERLY 660 FEET MORE OR LESS ALONG THE EASTERLY LINE OF
TRACT DESCRIBED IN WARRANTY DEED RECORDED APRIL 16. 19261N VOLUME 229 OF
DEEDS ON PAGE 399, UNDER AUDITOR'S FILE NUMBER 377650, RECORDS OF SNOHOMISH
COUNTY,WASHINGTON,TO THE NORTHEAST CORNER OF SAID TRACT;THENCE EAST
156.75 FEET MORE OR LESS TO A POINT ON A LINE 132 FEET WEST OF THE WEST LINE OF
THE GREAT NORTHERN RAILWAY RIGHT-OF-WAY;THENCE SOUTHERLY 660 FEET MORE OR
LESS TO THE TRUE POINT OF BEGINNING;
EXCEPT THAT PORTION THEREOF LYING WITHIN 116
TH STREET NORTHEAST (AKA
MARSHALL ROAD)
TRACT B:
BEGINNING AT A POINT WHERE THE WEST LINE OF THE SEAITLE AND MONTANA RAILWAY
RIGHT-OF-WAY INTERSECTS THE EAST AND WEST QUARTER LINE OF SECTION 9.
TOWNSHIP 30 NORTH. RANGE 5 EAST,WM ..AND RUNNING THENCE WEST 8 RODS; THENCE
IN A NORTHWESTERLY DIRECTION AND PARALLEL WITH THE SAID WEST LINE OF THE
SEATTLE AND MONTANA RAILWAY ABOUT 41 RODS, MORE OR LESS TO THE NORTH LINE OF
THE SOUTH HALF OF THE SOUTH HALF OF THE NORTHWEST QUARTER OF SAID SECTION 9;
THENCE EAST 8 RODS; THENCE IN A SOUTHEASTERLY DIRECTION ALONG THE WEST LINE
OF SAID RIGHT-OF-WAY TO THE POINT OF BEGINNING;EXCEPT THAT PORTION DESCRIBED
AS FOLLOWS:
BEGINNING AT A POINT OF INTERSECTION OF THE WESTERLY RIGHT-OF-WAY LINE OF THE
GREAT NORTHERN RAILWAY AND THE EAST -WEST CENTER LINE OF SECTION 9.
TOWNSHIP 30 NORTH, RANGE 5 EAST, W.M., FROM WHICH POINT A MONUMENT MARKING
THE CENTER OF SAID SECTION 9 BEARS SOUTH 89'09'05"EAST A DISTANCE OF 629.32
FEET; THENCE NORTH 89"09'05"WEST ALONG THE EAST - WEST CENTERLINE OF SECTION 9
A DISTANCE OF 90 FEET MORE OR LESS TO A POINT THAT IS 30 FEET NORTHWESTERLY
MEASURED AT RIGHT ANGLES FROM THE CENTER LINE OF NORTH LEG OF THE WYE
CONNECTION OF THE DEPOT BRANCH TO THE GREAT NORTHERN RAILWAY;THENCE
NORTHERLY PARALLEL WITH AND 30 FEET FROM THE SAID CENTER LINE ON THE ARC OF A
CURVE TO THE LEFT HAVING A RADIUS OF 54369 FEET, A DISTANCE OF 207 FEET, MORE
OR LESS TO THE POINT OF INTERSECTION OF THE SAID ARC AND THE WESTERL Y RIGHT-
OF-WAY LINE OF THE GREAT NORTHERN RAILWAY; THENCE SOUTH 13'54'02"EAST ALONG
THE SAID RIGHT OF WAY LINE A DISTANCE OF 214 FEET, MORE OR LESS TO THE POINT OF
BEGINNING; EXCEPT COUNTY ROAD KNOWN AS MARSHALL ROAD.
ALSO EXCEPT THAT PORTION OF THE ABOVE DESCRIBED TRACTS A AND B LYING NORTH
OF THE SOUTH 492.00 FEET THEREOF
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EXHIBIT A
(PAGE 2 OF 2)
WINCO LLC - PARCEL NUMBER 0930052035
UTILITY EASEMENT
THAT PORTION OF THE EAST 15.00 FEET OF THE ABOVE DESCRIBED PARCEL LYING SOUTH
OF THE FOLLOWING DESCRIBED LINE:
BEGINNING ON THE EASTERLY LINE OF THE ABOVE DESCRIBED PARCEL AT A POINT WHICH
BEARS SOUTH 8'26'48"EAST 163.42 FEET FROM THE NORTHEAST CORNER OF SAID
PARCEL; THENCE SOUTH 81'33'12"WEST 15.00 FEET TO THE TERMINUS OF SAID LINE.
CONTAINING 5,001 SQUARE FEET, MORE OR LESS.
CONSTRUCTION EASEMENT
THAT PORTION OF THE ABOVF.DESCRIBED PARCEL DESCRIBED AS FOLLOWS:
BEGINNING ON THE SOUTH LINE OF THE ABOVE DESCRIBED PARCEL AT A POINT WHICH
BEARS NORTH 83"29'20"WEST 17.88 FEET FROM THE SOUTHEAST CORNER OF SAID
PARCEL; THENCE NORTH 06°30'40"EAST 40.00 FEET;THENCE NORTH 83"29'20"WEST 10.00
FEET; THENCE SOUTH 06"30'40"EAST 40.00 FEET TO THE SOUTH LINE OF SAID PARCEL;
THENCE, ALONG SAID SOUTH LINE, SOUTH 83"29'20"EAST 1000 FEET TO THE POINT OF
BEGINNING.
CONTAINING 400 SQUARE FEET, MORE OR LESS.
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EXHIBIT A
LEGAL DESCRIPTION (TOTAL ACQUISITION)
BELMARK INDUSTRIES INC.
PARCEL NUMBERS 0930053006 0930053036
PARCEL DESCRIPTION
That portion of the Northeast Quarter of the Southwest Quarter of Section 9,
Township 30 North, Range 5 East, W.M., described as follows:
Beginning at the northwest corner of said Northeast Quarter of the Southwest
Quarter;thence South 582.5 feet to the true point of beginning;thence Easterly 812
feet. more or less, to the southwesterly margin of road as conveyed to County of
Snohomish by deed recorded under Recording No. 1977178; thence Southeasterly
along the west line of said road 136 feet; thence Westerly 842 feet to the west line of
the Northeast Quarter of the Southwest Quarter; thence North 131 feet to the True
Point of Beginning.
EXCEPT that portion thereof as conveyed to the United States of America by deed
recorded under Recording Nos. 746283 and 746345.
Situate in the City of Marysville,County of Snohomish, State of Washington.
Containing an area of 8,158 square feet more or less.
·.
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EXHIBIT A
LEGAL DESCRIPTION (TOTAL ACQUISITION)
BELMARK INDUSTRIES INC.
PARCEL NUMBERS 0930053006 0930053036
PARCEL DESCRIPTION
That portion of the Northeast Quarter of the Southwest Quarter of Section 9,
Township 30 North, Range 5 East, W.M.,described as follows:
Beginning at the northwest corner of said Northeast Quarter of the Southwest
Quarter;thence South 582.5 feet to the true point of beginning; thence Easterly 812
feet. more or less, to the southwesterly margin of road as conveyed to County of
Snohomish by deed recorded under Recording No. 1977178; thence Southeasterly
along the west line of said road 136 feet;thence Westerly 842 feet to the west line of
the Northeast Quarter of the Southwest Quarter: thence North 131 feet to the True
Point of Beginning.
EXCEPT that portion thereof as conveyed to the United States of America by deed
recorded under Recording Nos. 746283 and 746345.
Situate in the City of Marysville, County of Snohomish,State of Washington.
Containing an area of 8,158 square feet more or less.