HomeMy WebLinkAboutO-2582 - Condemnation, appropriation of property (Special)-_.._----------------------------------------------------
CITY OF MARYSVILLE
Marysville,Washington
ORDINANCE NO.ots8'2-
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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 FACILITIES
WHEREAS,the City Council of the City of Marysville (hereinafter the "City")finds as
follows:
1. Public safety, convenience, use and necessity demand the construction of
drainage facilities in the area of 152nd Street NE and 43rd 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 construction of a regional detention pond, which
property is more specifically described as follows:
The East half of the Northeast quarter of the Southwest quarter of Section 33,
Township 31 North,Range 5 East,W.M.,in Snohomish County,Washington;
EXCEPT the East 30 feet thereof conveyed to Snohomish County for Drainage District
No.5 by Deed recorded under Recording Number 236006.
Snohomish County Tax Parcel 310533-003-001-00
hereinafter the "Property."
3. The entire cost of the acquisition provided by this ordinance shall be paid by the
following funds of the City:
Surface Water Account No.40145042.560000
or such other funds of the City as may be provided by law.
4. The City and the property owner 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:
cslmv/drainage/lark.ord2.doc 1
l.
Property.
The City is hereby authorized to condemn,appropriate,take and damage the
2. The use of the Property is for a regional detention pond, whichis permanent
public use that is reasonably necessary.
3. All lands, rights,privileges andother property lying within the limitsof the
Propertyare hereby authorized to be condemned,appropriated,taken and damaged for the
purpose of constructing a regional detention pond.All lands, rights,privileges and other
properties are to be taken,damaged and appropriated onlyafterjust compensation hasbeen
made,or paid into thecourt for the owners thereof in themanner provided by law.
4. The cost of the acquisition provided for by this ordinance shall be paid by the
following funds of the City:
SurfaceWater Account No.40145042.560000
or suchother funds as maybe providedby law.
5. The City's attorneys should be and hereby are authorized and directed to begin
and prosecute the actionsand 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 ~day of May,
2005.
CIT&::RYSkZ#BYL~i<
DENNIS L.KENDALL,Mayor
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By &~~.CLERK
Approved as to form:.n
Byj}ar!J::.LJ~
CITY ATTORNEY
Dateof Publication:!5bI !oS"
Effective Date (5 days after publication):
cslmv/drninage/Jark.ord2.doc 2