HomeMy WebLinkAboutO-2664 - Street vacation (Special)CITY OF MARYSVILLE
Marysville,Washington
ORDINANCE NO.z..afo +
AN ORDINANCE OF THE CITY OF MARYSVILLEVACATING A PORTION
OF 35'"AVENUE NE,A CITY ROAD RIGHT OF WAY,LOCATED NORTH OF
88'"STREET NE AND SOUTH OF 90'"STREET NE
WHEREAS,on August 23, 2006,Arnold Luoma,et ai, filed a petition pursuant to Chapter
35.79 RCW and Chapter 12.32 MMC, to vacate and abandon a portion of 35'h Avenue NE,a City of
Marysvilleroad right-of-way;
WHEREAS,a public hearing was held before MarysvilleCity Council on October 23, 2006
to consider the vacation of a portion of 35'"Avenue NE,as legally described in Exhibit A and
depicted on Exhibit B attached hereto;
WHEREAS,the City of MarysvilleCorrununity Development Department determined that
allcriteria to vacate and abandon portions of 35'h Avenue NE have been met;
WHEREAS,the MarysvilleCity Council considered the evidence presented at the hearing
and entered the following findings of fact:
(a)The portion of 35'"Avenue NE, proposingto be vacated,becamea dead-end roadway
with the constructionof the 1-5 overpass at 88'"StreetNE.Therefore,this right-of-way no longer
provides apublicbenefit and/or will beused for apublicpurpose.
(b)The right-of-way vacation sball not adversely affect the street pattern or circulation of
the immediate area or the community as a whole;
(c)The publicneedshallnot be adversely affected;
(d)The right-of-way isnot contemplated or neededfor future public use;
(e)No abutting owner will become landlocked or his access will not be substantially
impaired;
(I)The abutting ownersof the vacated right-of-way are willing to purchasethe portion of
35'"Avenue NE from the Cityof Marysville at a totalpriceof $19,533.00 representing 100%of the
assessed valuation of the same.
NOW,THEREFORE,
THE CITY COUNCIL OF THE CITY OF MARYSVILLE,WASHINGTON DO
ORDAIN AS FOLLOWS:
Section 1.That portion of 35'"Avenue NE as legally described in Exhibit A and depicted
on Exhibit B attached hereto,is hereby vacated.
Section 2.35'"Drive NE shall be vacated subject to reservation of a perpetual easement in
favor of the City of Marysville for the existing 18"DI water main utility across,under and through
that portion of property where said water main exists. Said easement shall be a minimum of 10'
"ide (5' either side of "as-built" pipe).
Date of Publication:
Section 3.35'"Drive NE shall be vacated subject to reservation of a perpetual easement in
favor ofPuget Sound Energy for the existing 2"gas main utilityacross,under and through that
portion of property where said gas main exists.
Section 4. In consideration for the vacation of that portion of 35'"Avenue NE,as legally
described in Exhibit A and depicted on Exhibit B attached hereto,the City shall be paid the total
sum of $19,533.00 for the property conveyed to the abutting owner.Payment of said sum shall be a
condition precedent of this ordinance becoming effective.
Section 5.This ordinance and the vacation of that portion of 35'"Avenue NE as legally
described in Exhibit A and 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 the utility
easements, as described in Section 2 &3, have been recorded,and the petitioner has paid the City a
total sum of $19,533.00 for the vacated right-of-way, as described in Section 3.
Section 6. Severability.If any section,subsection,sentence, clause,phrase or work of this
ordinance should be held to be invalid or unconstitutional by a court ofcompetent jurisdiction, such
invalidityor unconstitutionality thereof shall not affect the validityor 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 23tJ day of
CITY OF MARYSVILLE
By L~~~;/.-JJI
DENNIS KE ALL,MAYOR
::test:;)~~;,.,
CITY CLERK CDetlA'J)
Approved as to form:
By:[J~k.~
dRANT K.\VEED,CITY ATTORNEY
3 -ILf~tP7
Effective Date:
3 -Ie,-07
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EXInBITA
Portion ofVacatedRightofWayto attach to Luoma
AllthatportionoftheWest20.00feetofthe West halfofthe Southwest quarter ofthe
Northwest quarterof the Northwest quarter of Section 21,Township 30 North,Range5East,
W.M.lying Southerly of the Westerly extension oftheSouthrightof waylineof90thStreet
•.NEper Statutory Warranty Deed recorded under Auditor's FileNo.9602130093,records of
Snohomish County,Washington,and lying Northerly ofthe Northerly rightofwaylineof
88thStreetNEperRightofWayplanforStateRoute5,Quilceda CreektoPortage Creek,
Sheet5 of 18,lastrevisedMay6,1994,and more particularly described as follows:
Commencing atthe Northwest comerofsaidWesthalfofthe Southwest quarterofthe
Northwest quarterofthe Northwest quarter of Section 21;
Thence South 00°18'15"WestalongtheWestlinethereofa distance of 10.00feetto the
westerly extensionoftheSouthrightofwaylineofsaid 90th StreetNEandtheTruePointof
Beginning;
Thence South 87°56'49"East,alongsaid westerly extension and parallel withthe North line
ofsaidWesthalf,a distance of 20.01 feetto theEastlineofsaidWest20.00feetofsaidWest
half;
Thence South 00°18'15"West,alongtheEastlineofsaidWest20.00feet,a distance of
121.89 feetto theSouthlineofthe North oneacreofsaidWest half;
Thence North 87°56'49"Westalongsaid South linea distance of 20.01 feetto saidWestline;
Thence North 00°18'15"East,alongsaidWestline,a distance of 121.89 feett to theTrue
Pointof Beginning.
Situate intheCountyof Snohomish,Stateof Washington.
Contains 2,438squarefeet,moreor less.
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