HomeMy WebLinkAboutO-2703 - Amends Ords. 2655 and 2685, condemnation and acquisition of property (Repealed by 2965) (2),
CITY OF MARYSVILLE ~0
Marysville.Washington
ORDINANCE NOd-70:5
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AN ORDINANCE OF THE CITY OF MARYSVILLE,WASHINGTON,AMENDING
ORDINANCE NOS.2655 AND 2685 TO ADD PROPERTY RIGHTS TO BE
ACQUIRED FROM BNSF RAILWAY COMPANY TO THE PROPERTY
AUTHORIZED TO BE CONDEMNED,APPROPRIATED,TAKEN AND
DAMAGED
WHEREAS,the City Council of the City of Marysville (hereinafter the "City")finds as
follows:
1.Public safety,convenience,use and necessity demand the widening of State
Avenue to five lanes from approximately 1I6'h Street NE to approximately 15200 Street NE,
together with construction of curbs,gutters and sidewalks and expansion of detention pond
capacity,to meet the requirements of increased traffic.
2. By Ordinance No. 2655 passed by the City Council on July 24,2006,and
amending Ordinance No. 2685 passed on February 12,2007,the City Council approved the
condemnation,appropriation,taking and damaging of lands,rights,privileges and other property
for the purpose of widening State Avenue to five lanes and constructing curbs,gutters and
sidewalks,from approximately I16lh Street NE to approximately 152"d Street NE, and expansion
of storm water detention facilities.
3. The City has conducted engineering studies and has determined that construction of the
State Avenue project requires acquisition of easement rights from BNSF Railway Company over
the property described in EXHmIT A-I and depicted in EXHffiIT A-2 attached hereto and
incorporated herein by this reference.
4. The entire cost of the acquisitions provided by this ordinance shall be paid by the
following funds of the City:
Fund No. 305 COMA-Street)
or such other funds as may be provided by law.
5. The City has authority pursuant to RCW Chapter 8.12 to acquire,if necessary,title
to real property for public purposes.The widening and improvement of State Avenue is a public
purpose.
NOW.THEREFORE,THE CITY COUNCIL OF THE CITY OF MARYSVILLE.
WASHINGTON.DO ORDAIN AS FOLLOWS:
Ic,'i[[l\'i.ClJtdV.lURDUi55 "me"J3.Joc
Clerk
1.Ordinance No. 2655 and Ordinance No. 2685 are hereby amended to add the
property described in EXHmlT A-I and depicted in EXHIBIT A-2 attached hereto and
incorporated herein by this reference to the real property that the City is authorized to condemn,
appropriate,take and damage in conjunction with the widening of State Avenue.
2. The use of the property described in EXHmlT A-I and depicted in EXHmIT A-2
is for widening State Avenue to five lanes and constructing curbs,gutters and sidewalks,which is
a permanent public use and is reasonably necessary for the purposes for which it is sought.
3. All lands,rights,privileges and other property lying within the limits of the land
described in EXHlliIT A-I and depicted in EXHmIT A-2 are authorized to be condemned,
appropriated,taken and damaged for the purpose of widening State Avenue to five lanes, and
constructing curbs,gutters and sidewalks.All lands,rights,privileges and other properties are to
he 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 of the 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 II~day of
'\LA n'€....,2007.
OF MAR~SVILL,EJ I Il/J
By ~/K~J(/------
DENNIS L.KENDALL,Mayor
By---r--'""""""""'""""------fT-:-t-b,;z._---tf------r rtlC'i
Approved as to form:
By £JI~~WJ.-9[)
Ol?J\NT K.WEED,City Attorney
Date of Publication:(p -/~-0 7
Effective Date (5 days after publication):~..-/go -07
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"EXHIBIT A-1"
EASEMENT FROM BURLINGTON NORTHERN SANTA FE RAILROAD
SITUATED WITHIN THE NW Y.OF SECTION 9 TOWNSHIP 30 NORTH,RANGE 5 EAST OF
THE WILLAMETIE MERIDIAN,SNOHOMISH COUNTY,WASHINGTON
51712007
SURVEYORS NOTE:
The center line of State Avenue is based on the Right of Way plans titled State Avenue,11611>St
NE to 136"St NE, dated December 26,2006.
Commencing at the centerline of State Avenue marked by a brass cap monument at the Right
of Way Plan station 237+44.46;thence North 12"31'41"West along said centerline 1550.87 feet
to station 252+95.33;thence at right angles North 77-28'19" East 30.00 feet to the easterly
margin of said State Avenue and Point of Beginning:thence North 12°31'41"West parallel with
said centerline along said easterly margin 542.35 feet to station 258+37.68 being a point of
intersection with the westerly margin of the said Burllngloo Northern Santa Fe Railroad,also
being the beginning of a curve concave to the east, from which radius point bears South
89°14'54"East 5779.58 feet; thence along said curve and said westerly margin northerly 55.48
feel through a central angle of 0-33'00"to the end of curve at station 258+91.62,43.00 feet right
of said centerline;thence South 12"31'41"East parallel with said centerline 199.33 feet to
station 256+92.29,43.00'right from said centerline;thence North 69012'23-East 22.55'to
station 256+87.70,65.08 feet right from said centerline;thence South 01"OS'26" East 99.18 feet
to station 255+90.47,45.50 feet nght from said centerline;thence parallel with said centerline
South 12"31'41"East 119.05 feet to station 254+71.42,45,50 feet right from said centerline;
thence perpendicular to said centerline South 77~28'1g-West 2.50 feet to station 254+71.42,
43.00 feet right from said centerline;thence parallel with said centerline South 12"31'41" East
88.00 feet to the intersection with the easterly margin of said Railroad and beginning of a curve
concave to the east at station 253+83.42,43.00feet right from said centenine from which radius
point bears North 86"19'02"East 5679.58 feet; thence along said curve and said easterly
margin southerly 89.02 feet through a central angle of 0"53'53"to the end of curve and
intersection with said easterly margin of said State Avenue and Point of Beginning.
Containing 8,365 Square Feet more or less.
--
G R..AF"HIC .SCALE-
Cue.ourvc=!:~-feet;)
<:>100
-F==M-~O 2-00
,ior'lo<:h -,00 'feet;
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TliE llIQItT OF WAY AloI)SUTIONNQ OF SUTli AVE IS REFEl.EHCED TO
THE RIOttT OF WAY I'LAJoi CAU..Etl 'SUTE A\IE)lJE,.ft6TIi Sf NE TO u.sT"Sf JoIE0,
MARYS\lU.E,WAsttItOTON.l)AfED DEC948El1:26,2OOCI.
ON FLE IMTIi fliE P\J8tIC wons DB>1~CITY OF MARVS\OI.(E,WA.
E X H I 8 I T A-2:FOR PROPOSED EASEMENT