HomeMy WebLinkAboutO-2666 - Street vacation (Special)CONFORMED COPY 20170 5250489 5 PGS
Return Address
City of Marysville
1049 State Avenue
Marysville , WA 98270
Pl . t . f ease pnn or :ype in orma ion
0512 5/2 017 2:13p m $77.00
SNOHOMISH CO UNTY 1 ~ASHINGTON
Document Title(s) (or transactions contained therein):
ORDINANCE NO . 2666 -VACATING A PORTION OF 35rH AVENUE NE
Grantor(s) (Last name first , then first name and in itials )
MARYSVILLE , CITY OF
Grantee(s) (Last name first , then first name and initials)
MARYSVILLE COVENANT GROUP II LLC & EP MARYSVILLE II LLC
Legal description (abbreviated : i.e, lot , block , plat or section , township , range , qtr./qtr.)
PORTION OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION
21 , TOWNSHIP 30 NORTH , RANGE 5 EAST , W.M ., IN SNOHOMISH COUNTY , WASHINGTON
Reference Number(s) of Documents assigned or released :
ORDINANCE NO . 2666
Assessor's Property Tax Parcel/Account Number
30052100202900
CITY OF MARYSVILLE
Marysville, Washington
ORDINANCE NO . .;2.ti0G,
AN ORDINANCE OF THE CITY OF MARYSVILLE VACATING A PO RTION
OF 35 1hAVENUE NE, A CITY ROAD RIGHT OF WAY, LOCATED NORTH OF
88 111 STREET NE AND SOUTH OF 9Qth STREET NE
WHEREAS, on August 23, 2006, Elsie Brechwald, et al, filed a petitfon 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 ri ght-of-way;
WHEREAS, a public hearin g was held before Marysville City Council on October 23 , 2006
to consider the vacation of a portion of 35'" Avenue NE, as legally de scri bed in Exhibit A and
depicted on Exhibit B attached hereto;
W HEREAS, the City of Marysville Communi ty Development Department determin ed that
all criteria to vacate and abandon portions of 35'" Avenue NE have been met;
WHEREAS, the Marysville City Council considered the evidence presented at the hearing
and entered the following findin gs of fact:
(a) The portion of 35'" Avenue NE, proposing to be vacated, became a dead-end roadway
with the construction of the I-5 overpass at 88 1" Street NE. Therefore, this right-of-way no lo n ger
provides a 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) T h e publi c need sha ll not b e adve r se ly affected;
(d) The right-of-way is n ot contemplated or needed for futur e public u se;
(e) No abutting owner will become landlocked or his access will no t be substantiall y
impaired;
(f) The abutting owners of the vacated rig ht-of-way are willing to purchase the portion of
35'" Avenue NE from the City of Marysville at a total price of $32,600.00 representing 100% of the
assessed va lu ation of the sa m e.
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 a tt ach ed hereto, is hereb y vacated .
Section 2. 35'11 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).
Section 3 . 35 '" Drive NE sha ll be vacated subject to re se rva tion o f a perpetual ea se m ent in
favor of Puget Sound E nergy for the exi s ting 2" gas main utility across, under and throug h t hat
portion of pro perty where said gas main exists.
Section 4 . In consideration for the vaca ti o n of that portio n of 35'" Ave n ue NE, as legall y
d esc ribed in Exhibit A and depicted on Exhibit B attached hereto, th e City shall be paid the total
sum o f $32,600.00 for t he property conveyed to the abutting owner . Payment of said sum shall b e a
condition precedent o f thi s ordinance becoming effective.
Section 5 . This ordin anc e and the vacation of that portion of 35 'h Avenue NE as lega ll y
described in Exhibit A and depicted on Exhibit B attached hereto, shall become effective five (5)
da ys after publica ti o n of this ordinance a nd recording by the City o f a certified copy o f the sa m e in
the records of the Snohomish County Auditor. This ordinance sha ll not be recorded until the utili ty
ease ments, as d es cribed in Section 2 & 3, have been recorded, and the petitioner has paid the City a
total sum of $3 2,600.00 for the vacate d ri g ht-of-way, as described in Section 4 .
Section 6. Severability. If any section, su bsection, sentence, cl ause, phrase o r work o f thi s
ordinance should be held to be in va lid or unconstitutional b y a court of competent jurisdiction, such
inva lidity or un co nstitutionali ty th ereof shall n ot affect the validity o r constitutionality of an y o th er
section, su b section, se n te n ce, cla use, ph rase o r wo rd of this o rdin ance .
PASSED b y the City Council and APPROVED by the Mayor this ;::i3 1'('0 day of
~~-' r..J@_~_.-_v,.., __ , 2006 .
CITY O F MARYSVILLE
/ ./' / 1/b
By: · 7 /\ ,?'4-·>''~+-r-----
D ENNIS KENDALL, MAYOR
Attest: /} .. ;o
By: tfl~ c/''-~
CITY CLERI<:. ( T)c-,1-vc--.Jtt~)----
Approve d as to fo rm :. ()
By: /J.!Lvtnd:-k_ C!-J._J!J1_11!__,__,,__ __ _
GRANT K . WEED, CITY A TTORNEY
Date of Publicati o n : .':..)/1 :s / 1-1 ,r~r,~~~~~~
Effective D a te : (.S-:;;r after f5'00lieaticrn)
EXHIBIT A
Portiolll of Vacated Right of Way to attach to Brechwald
All that portion of the West 20 .00 feet of the West half of the Southwest qumter of the
Northwest quarter of the Northwest quarter of Section 21, Township 30 North, Range 5 East ,
W.M. lying Southerly of the Westerly extension of the South right of way line of 90th Street
NE per Statutory Warranty Deed recorded under Auditor's File No. 9602 130093 , records of
Snohomish County, Wa1ihington, and lying Northerly of the Northerly right of way line of
88th Street NE per Righ1t of Way plan for State Route 5, Quilceda Creek to Portage Creek,
Sheet 5 of 18, last revised May 6, 1994, and more particularly described as follows:
Commencing at the Nor1hwest comer of said West half of the Southwest quarter of the
Northwest quarter of the Northwest quarter of Section 21;
Thence South 00°18'15" West along the West line thereof a distance of 10.00 feet to the
westerly extension of the South right of way line of said 90th Street NE;
Thence South 87 °56'49" East, along said westerly extension and parallel with the North line
of said West half, a distance of 20.01 feet to the East line of said West 20 .00 feet of said West
half;
Thence South 00°18'15" West, along the East line of said West 20.00 feet, a distance of
373.91 feet to the South line of the North 120.00 feet of the South three acres of said West
half and the True Point of Beginning;
Thence continue South 00°18'15" West, along the East line of said West 20.00 feet, a distance
of 214.62 feet to a point 260.07 feet Easterly from and opposite highway engineer's station
(HES) 134+ 13.89 on the centerline of State Route 5 per said right of way plan, said point
being also 60.00 feet Northerly of, when measured at right angles to , the South line of said
West half;
Thence North 44<>02'28" West a distance of 28.61 feet to the West line of said Northwest
quarter;
Thence North 00 °18'15" East, along said West line, a distance of 194.77 feet to the True Point
of Beginning.
Situate in the County of Snohomish, State of Washington.
Contains 4,094 square feet, more or less.
EXHIBITB
NOO'l8'15"E
658.54'
1 • .. 100'
··---------~ 0 50 100 200
NAD BJ (91)
I.A KfiENC£ A, llE'A ~R
.3005210020JIOO
T