HomeMy WebLinkAboutO-2667 - Street vacation (Special),...~",.•~,I"'"...,.,
CITY OF MARYSVILLE
Marysville,Washington
ORDINANCE No.;:l..C:.(,7
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,Steven L.Smith,et al, filed a petition pursuant to
Chapter 35.79 RCW and Chapter 12.32 MMC, to vacate and abandon a portion of 35'"Avenue NE,
a City of Marysville road 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 Marysville Community Development Department determined 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 findings of fact:
(a)The portion of 35'"Avenue NE, proposing to be vacated,becamea dead-endroadway
with the construction of the 1-5 overpassat 88'"Street NE. Therefore, this right-of-way no longer
providesapublicbenefit and/or will beused for apublicpurpose.
(b) The right-of-way vacation shall not adversely affect the street pattern or circulation of
the immediate areaor the community as a whole;
(c) The publicneed shallnot be adversely affected;
(d) The right-of-way is not contemplatedor neededfor futurepublicuse;
(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 willing to purchase the portion of
35'"AvenueNE from the Cityof Marysville at a totalprice of $19,200.00 representing100%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'
wide (5'either side of "as-built" pipe).
Section 3.3S'"Drive NE shall be vacated subject to reservation of a perpetual easement in
favor of Puget Sound Energy for the existing 2"gas main utility across,under and through that
portion of property where said gas main exists.
Section 4. In consideration for the vacation of that portion of 3S'"Avenue NE,as legally
described in Exhibit A and depicted on Exhibit B attached hereto,the City shall be paid the total
sum of $19,200.00 for the property conveyed to the abutting owner.Payment of said sum shall be a
condition precedent of this ordinance becoming effective.
Section S.This ordinance and the vacation of that portion of 3S'"Avenue NE as legally
described in Exhibit A and depicted on Exhibit B attached hereto,shall become effective five (S)
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$19,200.00 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 validity or 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 2)rJ day of
CITY OF MARYSVILLE
B'~~~
DENNIS KENDALL,MA OR
Date of Publication:
Effective Date:
(S clUj f i J licajoit)
EXHIBIT A
Portion of Vacated RightofWaytoattach toSnilth
All thatportionoftheWest 20.00feetoftheWesthalf ofthe Southwest quarterofthe
Northwest quarter ofthe Northwest quarter of Section 21,Township 30 North,Range5East,
W.M.lying Southerly ofthe Westerly extension oftheSouthrightofwaylineof90thStreet
NEperStatutoryWarranty Deed recorded under Auditor's FileNo.9602130093,records of
Snohomish County,Washington,andlying Northerly ofthe Northerly rightof waylineof
88thStreetNEperRightofWayplanforState Route 5,Quilceda Creekto PortageCreek,
Sheet5of 18,lastrevisedMay6,1994,andmore particularly described as follows:
Commencing atthe Northwest comerofsaidWesthalfofthe Southwest quarterofthe
Northwest quarterofthe Northwest quarter of Section 21;
ThenceSouth 00°18'15"Westalong the Westlinethereofa distance of lO.()()feettothe
westerlyextensionoftheSouthrightofwaylineofsaid90thStreetNE;
ThenceSouth 87°56'49"East,alongsaid westerly extension andparallelwiththeNorthline
of saidWest half,adistanceof 20.01 feettotheEastlineofsaidWest20.00feetof saidWest
half;
ThenceSouth ()()0IS'15"West,alongtheEastlineofsaidWest20.00feet,adistanceof
253.85feettotheNorthlineoftheSouth three acresofsaidWesthalfandtheTruePointof
Beginning;
Thence continue South ()()018'15"West,alongtheEastlineof saidWest20.00 feet,adistance
of 120.06 feetto theSouthline of the North 120.00 feetofsaidSouththreeacresoftheWest
half;
ThenceNorth 87°56'49"WestalongsaidSouthlinea distance of 20.01 feetto saidWestline;
ThenceNorth 00°18'15"East,alongsaidWest line,a distance of 120.06feetto theTruePoint
of Beginning.
SituateintheCountyof Snohomish,Stateof Washington.
Contains 2,401 squarefeet,moreorless.
.."1 ...,.~;;.
'..'"r
EXlllBITB
I
I
I
LAIlRENGl:A.II£AKR
JOO52'OO2OJIOO
I
11<;-1':<-
I ~lit
~:!~~
~i
~.rNOO1B~5"£
658.!U'
I
("I
I ~~
~l'i
I ~~
I ~l
I~I
I .,>:
>:
I ~
I ~
"'=I
:5I~
I
~~6~!==
':JJ+!U.28
I" •100'
~OO
HAD 8J (91)
@HARIt/SEII "ASSOaAmllNC 2DlU
. --nl aoa on JOe/:1U-262
0- .SII~.-.0111 _IWlIISBN Ie ASSOCIATES INC I'V:75S~.w ~'r 17114 lOT IIMt S11llI~IIClHIKIE,WA H212~"","~~-1
seAL!:'"·'00'(3110)7"-7611 (206)34.l-&IlOJ .SlEET I OF ,