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Home My WebLink AboutO-2568 - Street vacation (Special)CITY OF MARYSVILLE Marysville,Washington ORDINANCE NO.~S-{/3 AN ORDINANCE OF THE CITY OF MARYSVILLE VACATING A PORTION OF 36·h DRIVE NE LOCATED NORTH OF 116'h STREET NE AND SOUTH OF 120'h STREET NE IN THE CITY OF MARYSVILLE. WHEREAS,a public hearing was held before Marysville City Council on April 25,2005 to consider the vacation of a portion 36'h Drive NE located north of 116th Street NE and south of 120'h Street NE in the City of Marysville as legally described in Exhibit A and as depicted in Exhibit B attached hereto;and WHEREAS,the Marysville City Council recommends waiving all compensation of the vacated right-of-way,based on the following factors: (a) 36 th Drive NE currently does not generate any tax dollars to the City.Vacating the existing right- of-way would allow the proponent to assemble the remaining properties in order to construct Phase II of a proposed commercial shopping center,which would generate property and sales tax dollars for the City. (b)The proposed shopping center is in conformance with the 116 th Street master plan. 11,e proposal assembles all properties on the north side of 116'hStreet. This was a particularly difficult assembly as it involved numerous existing single family residences and a mobile home park. (c) 11,e existing and prior residential uses arc older homes,currently on septic with substandard roads, lacking drainage facilities. 11,e city of Marysville spent considerable resources addressing drainage issues within this residential subdivision during a flood event approximately seven years ago.The project proposal will include construction and extension of sewer and drainage facilities to serve the proposal. improving the current infrastructure conditions. (d)The residents located north of the proposed commercial shopping center would be directed through a lighted intersection,constructed at the developers cost, allowing improved access, mobility and much safer driving conditions. (e)The new private road connection (38'h Drive NE)would be constructed at the developers cost. The estimated cost for the Cit)'.to construct the proposed improvement would be approximately $766,800. based on a 3-lane roadway with curbs,gutters and sidewalks at an estimated rate of $1.8 million per lane mile (0.142 miles (750 lineal feet)x 3 lanes x $1.8 million =$766,800),compared to the cost of the vacated right-of- way totaling $366,360 or $398,330, based on $6.00 or $6.53 per SF. WHEREAS,the Marysville City Council considered the evidence presented at the public hearing and entered the following findings of fact: (a) 11,e vacation will provide a public benefit and purpose as the applicant will be required to construct a new private road connection (38th Drive NE),with a public utility and access casement,directing residences that currently utilize 36'h Drive NE through a new signal controlled intersection; (b)The right-of-way vacation shall not adversely affect the street pattern or circulation of the immediate area or the community as a whole; (c)The public need shall not be adversely affected; (d)The right-of-way is not contemplated or needed for future public use: (c)No abutting owner will become landlocked or his access will not be substantially impaired; .'. --------------1 NOW,THEREFORE, THE CITY COUNCIL OF THE CITY OF MARYSVILLE,WASHINGTON DO ORDAIN AS FOLLOWS: Section 1.That portion of 36'h Drive NE as legally described in Exhibit A and as depicted on Exhibit B attached hereto,is hereby vacated,subject to the following conditions: (a)Saidvacation shallnot be effectiveuntil the applicanthas constructed the new private road connection (38'h Drive NE), to provide access forresidents and emergency vehiclesfrom 116,h Street NE to the residential neighborhood located north of the proposed commercialdevelopment. (b) The new private road connection (38'h Drive NE) shallbe built to a public standard, approved by the Community Development Director &CityEngineer,with design features that include,curbs, gutters and sidewalks,lighting,street trees,access restrictions and trafficcalming devices to act as a transition from the commercialdevelopment to the residentialneighborhood; (c)A public utility and access easement shallbe executedover the new private road connection (38'h Drive NE). (d) The non-vacated portion of 36,h Drive NE shall be required to have a permanent cul-de-sac installedin accordance with citystandards, as the remaining right-of-way exceeds150' in length; Section 2.36'h Drive NE shall be vacated subject to reservation of a perpetual easement in favor of the City of Marysville for utilities across,under and through that portion of property described in Exhibit A and as depicted on Exhibit B attached hereto. Section 3.This ordinance and the vacation of that portion of 36'h Drive NE as legally described in Exhibit A and as depicted on Exhibit B attached hereto,shall become effective five (5) days after publication of this ordinance and recording by the City of a certified copy of the same in the records of the Snohomish County Auditor.This ordinance shall not be recorded until and unless conditions (a)-(d)above have been fully satisfied. Section 4. Severability.If any section,subsection,sentence,clause,phrase or work of this ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction,such invalidity or unconstitutionality thereof shall not affect the validity or constitutionality of any other section,subsection,sentence,clause,phrase or word of this ordinance. PASSED by the City Council and APPROVED by the Mayor this 2~-f1,day of ,2005. ::'i:~ DENNIS KENDALL,MAYOR -~--~-----------------------------------.. • I •.~','J .... Approved as to form: By:/::]J.-.tJ4?(.uJ...ft.<(! CRAl'\lT K.WEED,CITY AITORNEY Date of Publication:&<;t L.1 1 2-{)tJ fa Effective Date:0(d:q 2-f)0 Co (5 days after publication) I •1 •I~',....'~ EXHIBIT A VACATION DESCRIPTION That portion of 36 th Drive NE lying within Suprenant Addition according to the plat thereof recorded in Volume 23 of Plats, page 9, records of the Auditor of Snohomish County,Washington,more particularly described as follows: That portion of said 36 th Drive NE lying southerly of the westerly extension of the south line of Lot 16 and the easterly extension of the south line of Lot 11 of said Suprenant Addition and northerly of the north right of way line of 116 th Avenue NE as depicted on Washington State Department of Highways right-of-way plan sheet 8 of 18, Quilceda Creek to Portage Creek, approved September 7, 1966. 3 -(l/·o s: ;.~a, •.•....'l, 7" ." ---- o ----I i= .__J'--' r 050 i 5 - l I "so '""I I I I ta 1I I ,. "I te,. __-.:120th SlREET N.E. I -,, I 1\ I 1----- I I I I I 1 I I I I I I en I EXHIBIT B VACATION SKETCH I AREA TO BE VACATED SCALE:)"=200 FEn i~1 1 ! iOO 200 400 RIGHT-OF-WAY PER WASHiNGTON STA TE DEPARTMENT OF HiGHWA YS PLANS, OUiLCEDA CREEK TO PORTAGE CREEK,SHEn 8 OF I is AS APPROVED SEPT 7, 1966 5016 Lacey Boulevard SE.Lacey Washington 98503 (360)491-3399 (800)454·7545 Fax (360)491·3857 /'".,,.-",.".-','""""'..,,,".:'.,.:-,. (1 SKILLINGS CONNOLLY