HomeMy WebLinkAboutO-2665 - Street vacation (Special)CITY OF MARYSVILLE
Marysville,Washington
ORDINANCE N02k6S""
AN ORDINANCE OF THE CITY OF MARYSVILLE VACATING 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,Lawrence A.Weaver,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 Marysville road right-of-way;
WHEREAS,a public hearing was held before Marysville City 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 Marysville Community Development Department determined that
all criteria to vacate and abandon portions of 35'h Avenue NE have been met;
WHEREAS,the Marysville City Council considered the evidence presented at the hearing
and entered the following findings of fact:
(a)The portion of 35,h Avenue NE, proposing to be vacated, became a dead-end roadway
with the construction of the 1-5 overpass at 88,h Street NE. Therefore, this right-of-wayno longer
providesa public benefit and/or will be used for a public purpose.
(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 shallnot be adversely affected;
(d) The right-of-wayis not contemplated or needed for future public use;
(e)No abutting owner will become landlocked or his access will not be substantially
impaired;
(f)The abutting owners of the vacated right-of-way are willingto purchase the pottion of
35'h Avenue NE from the City of Marysville at a total price of $21,133.00 represeuting 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'h 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'
wide (5'either side of "as-built" pipe).
Effective Date:
Section 3.35"'Drive NE shall be vacated subject to reservation of a perpetual easement in
favor of Puget 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'h Avenue NE,as legally
described in Exhibit A and depicted on Exhibit B attached hereto, the City shall be paid the total
sum of $21,133.00 for the property conveyed to the abutting owner.Payment of said sum shall be a
condition precedent of this ordinance becoming effective.
Section 5.TIlls ordinance and the vacation of that portion of 35'h 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.TIlls 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 $21,133.00 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 of competent jurisdiction, such
invalidity or 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 J 3rJ day of
::fYLy:t/~
DENNIS KENDALL,MAYOR
Attest:
By:J;~~
CITYCLERK LI>~plA~")
Approved as to form:
By:!J~K.l~.J=J=-__
'GRANT K.WEED,CITY ATIURNEY
Date of Publication:3 f;if 10 7
3/19/07,
-------------------------------------'
EXHIBIT A
Portion of Vacated Right of Way toattach to Weaver
Allthat portion oftheWest20.00feetoftheWesthalfofthe Southwest quarterofthe
Northwest quarter ofthe Northwest quarter of Section 21,Township 30 North,Range5 East,
W.M.lying Southerly ofthe Westerly extension oftheSouthrightof waylineof 90th Street
NEper Statutory Warranty Deed recorded under Auditor's FileNo.9602130093,records of
Snohomish County,Washington,andlying Northerly ofthe Northerly rightof waylineof
88thStreetNEperRightofWayplanforStateRoute5,Quilceda Creek to Portage Creek,
Sheet5 of 18,lastrevisedMay6,1994,andmore particularly described as follows:
Commencing atthe Northwest cornerofsaidWesthalfofthe Southwest quarterofthe
Northwest quarter ofthe Northwest quarter of Section 21;
Thence South-00018'15"WestalongtheWestlinethereofa distance of 10.00feet to the
westerly extension oftheSouthrightof waylineofsaid90thStreetNE;
Thence South 87°56'49"East,alongsaid westerly extension andparallelwiththe North line
ofsaidWesthalf,a distance of 20.01 feet to theEastlineofsaidWest20.00feetofsaidWest
half;
Thence South 00°18'15"West,alongtheEastlineofsaidWest20.00feet,a dis-tance of
121.89 feettotheSouthlineofthe North oneacreofsaidWesthalfandtheTruePointof
Beginning;
Thence continue South 00°18'15"West,alongtheEastlineofsaidWest20.00feet,a distance
of 131.96 feet to theSouthlineoftheSouthoneacreoftheNorthtwoacresof saidWest half;
Thence North 87°56'49"Westalong sail!Southlinea distance of 20.01 feetto saidWest line;
Thence North 00°18'15"East,alongsaidWestline,a distance of 131.96feetto theTruePoint
of Beginning.
SituateintheCountyof Snohomish,Stateof Washington.
Contains 2,639squarefeet,more or-less.
------l,
,
I
i
EXHIBITB
LAIlll£HG[A II£AI£R
JOO521D020JlOO
r'1
:0.032'II€SF or SVBDJ\ISIOI/t/H£
"fWHD CAsED WHUl/DlT
15.00'HMlH or SV8DJM51DH~IN£
~'90th Street NE_ s :'~1.Bf.!L._.,,...-I~,~-.
DF--r --=2i -......=?1-=---~.,..280.sg~88 10']
H02llJ~I"E,5.00'.
R-60.00·I
ARHOl.O WOlIA R-2D 00'WJOO52rOO2OSODO• ..
•.!!.s!Jl8'.,·W 219.9S'~".Io::of''--"2gg.9f'-":'~
~~~.~ia--;:l.
HOO'IS'15"£
658.5 ..'
SOUlH UN£,II€ST HAlF,
SWl/"HWI/"HWI/4
I
I
I
I
I
I
I
I,
I,
I
1!:.1l::!6~~==
lJJ+5402S
l'• lOa'
~oo
HAD BJ (91)
-•ASSDaAlE'S INC IIOCU
. - -m 11011 on JCIJ/I 04-262
_IWlIISBN Ie ASSOCIATES INC ""75.3
17lI14 lEST lIAIN SlREET.IIONIICE.WA 11112121='=-~:::":'-f
(360)704-7811 (2(Ifl)_5IIOJ "SHaT lor,