HomeMy WebLinkAboutO-2674 - Condemnation and acquisition of property (Special)-------------------------------------------
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CITY OF MARYSVILLE
Marysville,Washington
ORDINANCE NO.;)"?'!
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AN ORDINANCE OF THE CITY OF MARYSVILLE, WASHINGTON. AUTHORIZING THE
CONDEMNATION.APPROPRIATION. TAKING AND DAMAGING OF LAND AND
OTHER PROPERTY FOR PURPOSES OF IMPROVING THE INTERSECTION OF 3
RD
STREETAND 47TH AVENUE NE
WHEREAS, the City Council of the City of Marysville (hereinafter the "City") finds as
follows:
1. Public safety, convenience, use and necessity demand improvements to the
intersection of 3rd Street and 47th Avenue NE including the installation of a traffic signal, turn
lanes, and sidewalks, to meet the requirements of increased traffic.
2. The City has conducted engineering studies and has determined that it will be
necessary to acquire property for the intersection improvementproject as more specifically
described in EXHmIT A attached hereto and incorporated herein by this reference.
3. The entire cost of the acquisitions provided by this ordinance shall be paid by
the following funds of the City:
Fund No. 305 (GMA-Street)
or such other funds as may be provided by law.
4. The City may be unable to agree with certain property owners upon the
compensation to be paid for said properties.
5. The City has authority pursuant to RCW Chapter 8.12 to acquire, if necessary,
title to real property for public purposes. The improvement to the 3rd Street/47th Avenue NE
intersection is a public purpose.
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 described in EXHIBIT A hereto.
2. The use of the property described in EXHIBIT A is for improving the
intersection of 3rd Street/47th Avenue NE, which is a permanent public use and is reasonably
necessary for the purposes for which it is sought.
Ics/mv/state3.ord.doc 1
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3. All lands, rights, privileges and other property lying within the limits of the
land described in EXIDBIT A are hereby authorized to be condemned,appropriated,taken
and damaged for the purpose of improving the intersection of 3rd Street/47th Avenue NE. 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 ofthe acquisition provided for by this ordinance shall be paid by the
following funds of the City:
Fund No. 305 (GMA-Street)
or such other funds as may be provided 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)3~day of
November,2006.
ATTEST:
ByA~~
GERRY BECKER,Clelk
L.:I/:e Le:YI,be!",,'t fJe"lc
Approved as to form:
Date of Publication:II -15 -0{p
Effective Date (5 days after publication):II-:20 -tJ ~
Icsfmv/state3.ord.doc 2
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I~I .EXHIBIT A
'=.Perteet Inc.
Project No.21038.002
Sept. 12, 2006
MG Yeoman, PLS
PARCEL 1
RIGHT-OF-WAY ACQUISITION
Legal Description
An acquisition ofa portion of a parcel ofland located in the Southwest One-Quarter of the Southeast
One-Quarter, Section 28, Township 30 North, Range 5 East,WM. Said parcel more particularly
described as follows:
Lot I, Block II,Map of Quinn's Second Addition to Marysville,according to the Plat thereof,
recorded in Volume 2 of Plats, Page 60,records ofSnohomish County, Washington.
TOGETHER WITH:
BEGINNING at the southeast corner of said Lot I; thence East along the easterly extension of the
South line of said Lot I to a point 20 feet West of the East line of said Southeast Quarter of the
Southeast Quarter; thence North parallel to said East line to the intersection with the easterly extension
of the North line of Said Lot I; thence West to the northwest corner of said Lot I; thence South along
the east line ofsaid Lot I to the POINT OF BEGINNING.
Said acquisition more particularly described as follows:
BEGINNING at the Northeast corner ofthe above described parcel; thence South 00°
52' 12" West, along the east line of said parcel a distance of 25.00 feet; thence North
49° 00' 53" West a distance of 36.09 feet; thence North 88° 36' 17" West, parallel
with and 2.00 feet distant from the north line of said parcel, a distance of 43.92 feet
to the West line of said parcel; thence North 0I° 24' 22" East, along said West line, a
distance of 2.00 feet to the North line of said parcel; thence South 88° 36' 17" East,
along said north line, a distance 001.50 feet to the POINT OF BEGINNING
Containing an area of460 Square Feet, more or less.
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I""~EXHIBIT A
'-erteet Inc.
Project No.21038.002
Sept.12, 2006
MG Yeoman, PLS
PARCEL 2
RIGHT-OF-WAY ACQUISITION
Legal Description
An acquisition ofa portion of a parcel of land located in the Southwest One-Quarter ofthe Southeast
One-Quarter,Section 28,Township 30 North, Range 5 East , WM. Said parcel more particularly
described as follows:
Lot 16,Block 10, Map of Quinn's Second Addition to Marysville, according to the Plat thereof,
recorded in Volume 2 ofPlats, Page 60, records ofSnohomish County, Washington.
EXCEPT,the West 35 feet thereof..
TOGETHER WITH that portion of vacated Liberty Street adjacent thereto and lying between the
South line ofthe alley located in said Block 10 and the North line of Third Street produced East to the
East line ofLiberty Street.
EXCEPT that portion conveyed to the City of Marysville by deed recorded under Auditor's File
Number 8307080186.
Situate in the County ofSnohomish, State ofWashington.
Said acquisition more particularly described as follows:
BEGINNING at the Southeast comer ofthe above described parcel; thence North 88°
36'IT'West, along the south line of said parcel a distance of 47.18 feet to the west
line ofsaid parcel; thence North 01° 24' 22" East, along the west line ofsaid parcel a
distance of 2.00 feet; thence South 88° 36' 17"East parallel with the said south line, a
distance of 20.38 feet; thence North 52°01'44" E a distance of 13.38 feet; thence
South 88° 36' 12" East a distance of 8.04 feet to the beginning ofa 23.50 foot radius
non-tangent curve to the left, concave to the northwest, from which point the center
bears North 54° 09' 50" West; thence northerly along the arc of said curve, through a
central angle of 31° 06' 04", an arc distance of 12.76 feet,thence North 39°21'54"
East a distance of9.66 feet to the east line of said parcel;
thence South 04° 31' 56" West, along said east line, a
distance of30.05 feet to the POINT OF BEGINNING.
Containing an area of381 Square Feet, more or less.
Page I of I
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IJ.~EXHIBIT A'=-erteet Inc.
Project No.21038.002
Sept. 12. 2006
MG Yeoman, PLS
PARCEL 3
RIGHT-OF-WAY ACQUISITION
LegalDescription
An acquisition of a portion of a parcel of land located in the Southeast One-Quarter ofthe Southeast
One-Quarter,Section 28,Township 30 North, Range 5 East , WM. Said parcel more particularly
described as follows:
BEGINNING at the intersection of the North boundary line of the Marysville-Snohomish paved
Highway and the East Boundary line of the Marysville-Arlington paved Highway in the Southeast
Quarter of the Southeast Quarter of Section 28, Township 30 North, Range 5 East, W.M., and running
thence North along the East boundary line ofsaid Marysville-Arlington paved Highway a distance of
100 feet; thence East 100 feet; thence South 100 feet; thence West 100 feet to the POINT OF
BEGINNING.
EXCEPT that portion conveyed to the City of Marysville by deed recorded under Auditor's File
Number 8302090113.
Situate in the County of Snohomish, State ofWashington.
Said acquisition more particularly described as follows:
BEGINNING at the Southwest comer of the above described parcel; thence North
00° 57' 30" East, along the west line of said parcel, a distance of 9.32 feet; thence
continuing along said west line, North 04° 31' 56" East a distance of 19.63 feet;
thence South 25° 50' 34" East a distance 00.96 feet, to the beginningofa 29.14 foot
radiusnon-tangentcurve to the left, concaveto the northeast,to whichpoint a radialline
bears South 78° 02' 14" West; thence along the arc of said curve through a central
angle of 27° 46' 37", an arc distance of 14.12 feet; thence South 88° 36' 12" East a
distance of 8.55 feet; thence South 48° 51' 20" East a distance of 15.60 feet; thence
South 88° 36' 06" E, parallel with and 3.00 feet distant from the south line of said
parcel, a distance of 70.22 feet to the east line of said
parcel; thence South 00° 57' 30" West, along said east
line, a distance of3.00 feet to the south line of said parcel;
thence North 88° 36' 06" West, along said south line, a
distance of 100.00 feet to the POINT OF BEGINNING.
Containing an area of602 Square Feet, more or less.
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I"'~EXHIBIT A'=-erteet Inc.
Project No.21038.002
Sept.12,2006
MG Yeoman, PLS
PARCEL 4
RIGHT-OF-WAY ACQUISITION
Legal Description
An acquisition ofa portion of a parcel of land located in the Southeast One-Quarter of the Southeast
One-Quarter, Section 28,Township 30 North, Range 5 East,WM. Said parcel more particularly
described as follows:
COMMENCING at a point 10 feet south and 37 y,feet East of the Southeast comer of Block II of
Quinn's Second Addition to Marysville; thence East 187 feet; thence North 140 feel, more or less, to
the South line of the Paved Highway known as Sunnyside Boulevard; thence West along the south line
of said Sunnyside Boulevard 187 feet; thence South 104 feet, more or less, to the POINT OF
BEGINNING.
EXCEPT; that portion lying within 47
TH Street including that portion conveyed to the City of
Marysville forroad purposes.
Situate in the County ofSnohomish, State ofWashington.
Said acquisition more particularly described as follows:
BEGINNING at the Northwest corner of the above described parcel; thence South
88036'06" East, along the north line of said parcel a distance of 137.00 feet to the
East line of said parcel; thence South 00
0 52' 12" West, along said East line, a
distance of 17.00feet; thence North 88
036'06" West, parallel with said north line, a
distance of 109.49feet; thence South 45
0 08' 46" West a distance of39.39 feet to the
West line of said parcel; thence North 00
0 52' 12" East, along said West line, a
distance of 45.46 feet;to the POINT OF BEGINNING.
Containing an area of2,720 Square Feet, more or less.
Page 1 ofI
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I~~EXHIBIT A
'-erteetInc.
Project No.21038.002
Sept. 28, 2006
MG Yeoman, PLS
PARCELl
TEMPORARY CONSTRUCTION EASEMENT
Legal Description
An easement over a portion of a parcel ofland located in the Southwest One-Quarter ofthe Southeast
One-Quarter, Section 28,Township 30 North, Range 5 East,WM. Said parcel more particularly
described as follows:
Lot I,Block II,Map of Quinn's Second Addition to Marysville,according to the Plat thereof,
recorded in Volume 2 ofPlats, Page 60, records of Snohomish County, Washington.
TOGETHER WITH:
BEGINNING at the southeast corner of said Lot I;thence East along the easterly extension of the
South line of said Lot I to a point 20 feet West of the East line of said Southeast Quarter of the
Southeast Quarter; thence North parallel to said East line to the intersection with the easterly extension
of the North line of Said Lot I;thence West to the northwest corner ofsaid Lot I;thence South along
the east line of said Lot 1to the POINT OF BEGINNING.
Said easement more particularly described as follows:
COMMENCING at the Northeast comer of the above described parcel; thence South
00° 52' 12" West, along the east line of said parcel a distance of 25.00 feet to the
POINT OF BEGINNING:
Thence continuing South 00° 52' 12" West, along said east line a distance of 13.08
feet to a point of cusp ofa 32.10 foot radius non-tangent curve to the left; concave to
the southwest, the center ofwhich bears South 88°36'17"West; thence along the
arc ofsaid curve through a central angle of 79° 10' 49", an arc distance of44.36 feet;
thence North 88° 36' 17" West, parallel with and
12.00 feet distant from the north line of said parcel, a
distance of 40.33 feet to the West line of said parcel;
thence North 01° 24' 22" East, along said West line, a
distance of 10.00 feet;thence South 88° 36' 17" East,
parallel with and 2.00 feet distant from the north line
of said parcel, a distance of 43.92 feet; thence South
49° 00' 53" East a distance of36.09 feet to the POINT
OF BEGINNING.
Containing an area of600 Square Feet, more or less.
Page 1 ofl
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I~l EXHIBIT A
'-erteet Inc.
Project No.21038.002
Sept.28, 2006
MG Yeoman,PLS
PARCEL 2
TEMPORARY CONSTRUCTION EASEMENT
LegalDescription
An easement over a portion of a parcel of land located in the Southwest One-Quarter of the Southeast
One-Quarter,Section 28,Township 30 North, Range 5 East , WM. Said parcel more particularly
described as follows:
Lot 16, Block 10, Map of Quinn's Second Addition to Marysville,according to the Plat thereof,
recorded in Volume 2 ofPlats,Page 60, records ofSnohomish County,Washington.
EXCEPT the West 35 feet thereof.
TOGETHER WITH that portion of vacated Liberty Street adjacent thereto and lying between the
South line ofthe alley located in said Block 10 and the North line ofThird Street produced East to the
East line ofLiberty Street
EXCEPT that portion conveyed to the City of Marysville by deed recorded under Auditor's File
Number 8307080186.
Situate in the County of Snohomish,State ofWashington.
Said easement more particularly described as follows:
COMMENCING at the Southeast corner of the above described parcel; thence North
04° 31' 56" East, along the east line of said parcel a distance of 30.05 feet to the
POINT OF BEGINNING:
Thence continuing North 04° 31' 56" East, along said east line a distance of 15.72
feet; thence South 39° 27' 54" West a distance of28.67 feet; thence South 52° 07' 44"
West a distance of 33.38 feet; thence South 88° 36' 17" East, parallel with and 2.00
feet distant from the south line ofsaid parcel, a distance of 14.22 feet; thence North
52° 07' 44" East a distance of 13.38 feet; thence South 88° 36' 12" East a distance of
8.04 feet to the beginning of a non-tangent curve concave to the jjI~~'~~"tr;--,
radius of 23.50 feet and from which point a radial line
bears North 54° 09' 50" West; thence northeasterly and
northerly along said curve through a central angle of 31°
06' 04" an arc distance of 12.76 feet; thence North 39° 27'
54" East a distance of 9.66 feet to the POINT OF
BEGlNNlNG;
Containing an area of507 Square Feet,more or less.
Page 1 of!
S:\1 Job Files12006121038.002 SR528\6 LegalsIParcel2EAS 060928.doc
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I~~EXHIBIT A
,erteetInc.
Project No.21038,002
Sept. 28. 2006
MG Yeoman, PLS
PARCEL 3
TEMPORARY CONSTRUCTION EASEMENT
Legal Description
An easement over a portion ofa parcel of land locatedin the Southeast One-Quarter of the Southeast
One-Quarter, Section 28,Township 30 North, Range 5 East , WM. Said parcel more particularly
described as follows:
BEGINNING at the intersection of the North boundary line of the Marysville-Snohomish paved
Highway and the East Boundary line of the Marysville-Arlington paved Highway in the Southeast
Quarter ofthe Southeast Quarter of Section 28, Township 30 North, Range 5 East, W.M., and running
thence North along the East boundary line of said Marysville-Arlington paved Highway a distance of
100 feet; thence East 100 feet; thence South 100 feet; thence West 100 feet to the POINT OF
BEGINNING.
EXCEPT that portion conveyed to the City of Marysville by deed recorded under Auditor's File
Number 8302090113.
Situate in theCounty ofSnohomish, State ofWashington.
Said easement moreparticularly described as follows:
COMMENCINGat the Southwest comer ofthe above described parcel; thence North 00°
57'30" East, along the west line of said parcel a distance of 9.32 feet; thence continuing
along said west line, North 04° 31' 56" East, a distance of 19.63 feet to the POINT OF
BEGINNING:
Thence South 25° 50' 34" East a distance of 3.96 feet to the beginning of a 29.14 foot
radius non-tangent curve to the left, concave to the northeast, to which point a radial line
bears South 78° 02' 14" West; thence southeasterly along the arc ofsaid curve through a
central angle of 27°46'37" an arc distance of 14.12 feet; thence South 88° 36' 12" East a
distance of 8.55 feet; thence South 48° 51' 20" East a distance of 15.60feet to a point 3.00
north of the south line of said parcel; thence South 88° 36'
06" E parallel with the south line of said parcel, a distance
of 70.22 feet to the East line of said parcel; thence North
00° 57' 30" East a distance of 10.00 feet; thenceNorth 88°
36' 06" West, parallel with and 10.00 feet distant from the
south line of said parcel, a distance of 66.53 feet; thence
North 48° 51' 20" West a distance of 41.35 feet to the west
line of said parcel; thence South 04° 31' 56" West along
said west line a distance of 10.53 feet to the POINT OF
BEGINNING.
Containing an area of 1,137Square Feet, more or less.
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I~~EXHIBIT A
C erteet Inc.
Project No.21038.002
Sept. 28. 2006
MG Yeoman, PLS
PARCEL 4
TEMPORARY CONSTRUCTION EASEMENT
Legal Description
An easement over a portion of a parcel of land located in the Southeast One-Quarter ofthe Southeast
One-Quarter, Section 28,Township 30 North, Range 5 East,WM. Said parcel more particularly
described as follows:
COMMENCING at a point 10 feet south and 37 Y,feet East of the Southeast comer of Block II of
Quinn's Second Addition to Marysville; thence East 187 feet; thence North 140 feet, more or less, to
the Southline of the Paved Highway known as Sunnyside Boulevard; thence West along the south line
of said Sunnyside Boulevard 187 feet; thence South 104 feet, more or less, to the POINT OF
BEGINNING.
EXCEPT that portion LYING WITHIN 47
rHStreet including that portion conveyed to the City of
Marysville forroad purposes.
Situate in the County of Snohomish, State of Washington.
Said easement more particularly described as follows:
COMMENCING at the Northeast comer ofthe above described parcel; thence South
00° 52' 12" West along the East line of said parcel a distance of 17.00 feet to the
POINT OF BEGINNING;
Thence North 88° 36' 06" West, parallel with and 17.00 feet distant from the north
line of said parcel, a distance of 109.49 feet; thence South 45° 08' 46" West a
distance of 39.39 feet to the west line ofsaid parcel; thence South 00° 52' 12" West,
along said west line, a distance of 14.32 feet; thence North 45° 08' 46" East a
distance of 45.38 feet; thence South 88° 36' 06" East, parallel with and 27.00 feet
distant from the north line ofsaid parcel, a distance of 105.32 feet to said east line of
said parcel; thence North 00° 52' 12"East, along said east
line, a distance of I0.00 feet to the POINT OF
BEGINNING.
Containing an area of I ,498 Square Feet, more or less.
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