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HomeMy WebLinkAboutO-2617 - Condemnation, appropriation of property (Special)CITY OF MARYSVILLE Marysville,Washington ORDINANCE NO.2"/7 AN ORDINANCE OFTHECITY OF MARYSVILLE.WASHINGTON AUTHORIZING THE CONDEMNATION,APPROPRIATION, TAKING AND DAMAGING OF LAND AND OTHER PROPERTY LOCATED AT 60 STATE AVENUE,MARYSVILLE, WASHINGTON,FOR FACILITIES USES BY THE CITY'S PUBLIC WORKS, PUBLIC UTILITY AND PUBLIC PARK DEPARTMENTS. 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 facilities uses by the City's Public Works, Public Utilities and Parks Departments,and for other public purposes. 2. The City has conducted studies and has determined that the property which best suits its needs is located at 60 State Avenue, Marysville, Washington,adjacent to the City's existing public boat launch and Public Works Department. Said property is legally described in EXHIBIT A attached hereto and incorporated herein by this reference, being Snohomish County Tax Parcel No. 300533-002-012-00, hereinafter the "Property." 3. The entire cost of the acquisition provided by this ordinance shall be paid from the following fund: Utility Fund No. 401 or such other funds as may be authorized by law. 4. The City has been unable to agree with the property owner upon the terms of purchase and 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 60 State Avenue, Marysville, Washington, legally described in EXHIBIT A attached hereto, being Snohomish County Tax Parcel No. 300533-002-012-00. IC$lmvnPlcc:nlellUl,(Ird 1 2. The use of the Property is for facilities of the City's Public Works,Public Utilities and Parks Departments,and for other public purposes,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 facilities uses by the City's Public Works,Public Utilities and Parks Departments,and for other public purposes.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: Utility Fund No. 401 or such other funds as may be authorized 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 ~I s=rday of r;~.2006.-- CITY OF MARYSVILLE By fl~/J!~ ~MAYOR ATTEST: BYiky/I Approved as to form: CLERK B~LJ~K.Llu-e9 CITY ATTORNEY Date of Publication:03/()I /0 {p ~I Effective Date (5 days after publication): ICsJ mv/l Plcorrlrnln.ord 2 EXHIBIT A LEGAL DESCRIPTION A portion of the Northeast quarter of the Northwest quarter and a portion of Government Lot 2 all in Section 33,Township 30 North, Range 5 East,W.M.in Snohomish County, Washington, described as follows: Commencing at the Southwest corner of Block,,according to the plat thereof recorded in Volume of Plats,Page,in Snohomish County, Washington; thence South 0°14'33"East,beingthe Southeriy projection of the West line of said Block 7,for 80.0 feet to the true point of beginning; thence continue South 0°14'33"East for 580.0 feet; thence South 2°05'31"West for 533.62 feet; thence South 50°37'44"West for 59.29 feet; thence South 50°29'32"West for 4.98 feet; thence Northwesterly along the Northerly bank of Ebey Slough to the Easterly margin of State Highway 529; thence northerly along the said Easterlymargin of State Highway 529 to the South line of that certain parcel of land conveyed to James P.and Gloria Funston, husband and wife by deed recorded under Recording Number 7907110029, records of Snohomish County, Washington; thence continue along the Easterly margin of said Highway 529 on a curve to the left, the radius center bears North 67'09'16"West and having a radius of 1,196.00 feet and consuming an angle of 0'53'38"for 18.66 feet; thence North 68'02'54"West, along said road margin, for 10.0 feet; thence continue along said road margin on a curve to the left, the radius center bears North 68'02'54"West, and having a radius of 1,186.0 feet and consuming an angle of 0'34'47"for 12.0 feet; thence South 74'54'34"East for 252.20 feet to a line 12.69 feet East of the said Funston's parcel; thence North 0'14'33"West, along a line 12.69 feet East of said Funston Parcel, for 356.06 feet to the South line of property owned by the City of Marysville; thence North 85'34'37"East for 245.41 feet to the West line of that certain parcel deeded to the City of Marysville by deed recorded under Recording Number 1342302,records of Snohomish County, Washington; thence South 43'24'26"East, along said West line for 25.66 feet to the true point of beginning. (ALSO KNOWN AS Crown Pacific (after BLA) of BLA recorded under Recording Number 9704185001 and corrected under Recording Number 9902100624.) 1