HomeMy WebLinkAboutO-2704 - Amends Ords. 2655, 2685 and 2703, condemnation and acquisition of property (Special) (3)CITY OF MARYSVILLE
Marysville,Washington
ORDINANCE NO.;2""1o'f
AN ORDINANCE OF THE CITY OF MARYSVILLE,WASHINGTON,AMENDING
ORDINANCE NOS. 2655, 2565 AND 2703 TO ADD PROPERTY RIGHTS TO BE
ACQUIRED FROM BETA -MARYSVILLE WAREHOUSE,L.L.C.AND MIDWAY
DEVELOPMENT, LLC TO THE PROPERTY AUTHORIZED TO BE CONDEMNED,
APPROPRIATED, TAKEN AND DAMAGED
WIIEREAS,the City Council of the City of Marysville (hereinafter the "City")finds as
follows:
I.Public safety,convenience,usc and necessity demand the improvement ofthe
intersection at State Avenue and I52"
d Street in conjunction with the project to widen State Avenue
and construct curbs.gutters and sidewalks to meet the requirements ofincreased traffic.
2. By Ordinance 1\0.loSS passed by the City Council on July 24,2006,amending
Ordinance No. 2685 passed on February 12,2007,and amending Ordinance No. 2703 passed June
[1,2007,the City Council approved the condemnation,appropriation,taking and damaging of lands,
rights,privileges and other property for the purpose ofwidening State Avenue to five lanes and
constructing curbs,gutters and sidewalks,from approximately Il61h Street Nf to approximately
152"d Street 1\E.and expansion of storm water detention faci lities.
3. The City has conducted engineering studies and has determined that construction of the
State Avenue project requires acquisition of temporary construction easements from BETA-
MARYSVILLE WAREHOUSE,L.L.c.and MlDWAY DEVELOPMEXT,LLC over that portion of
the properties described in EXHIBIT A depicted by crosshatching and designated Temporary
Construction Easement on EXHIBIT B attached hereto and incorporated herein by this reference.
4.The entire cost ofthe acquisitions provided by this ordinance shall be paid by the
following funds ofthe City:
Fund No.30)(GMA-Street)
or such other funds as may be provided hy 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 ofState Avenue is a public
purpose.
NOW.THEREFORE."I HE CITY COUNCIL OF rur CITY OF MARYSVILLE.
WASHrNGTON.DO ORDAIN AS FOLLOWS:
---------------
l.Ordinance Nos.2655,26H5 and 2703 are hereby amended to add that portion of the
properties described in EXHIBIT A depicted by crosshatching and designated "Temporary
Construction Easement"on EXHIBIT B,to the real property the City is authorized to condemn,
appropriate,take and damage in conjunction with the widening of State Avenue.
2. The usc ofthe property depicted on EXHIBIT B is lor a temporary construction
casement for purposes ofmaking improvements to the State Avenue / 152
nd Street intersection in
association with the widening ofState Avenue and construction of 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
depicted on J1:XH (BIT B required for temporary construction purposes in association with the State
Avenue improvement project and the improvement of the State Avenue /152nd Street intersection
are authorized to be condemned,appropriated,taken and damaged.All lands, rights,privileges and
other properties are to be taken,damaged and appropriated only utterjust compensation has been
made, or paid into the court 1(.l1"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 ofthe City:
Fund No.]05 (GMA-Street)
or such other funds as may he provided by law.
5. The City's attorneys should be and hereby an:authorized and directed to begin and
prosecute the actions and proceedings in a manner provided by law to carry out the provisions orthis
ordinance,and to enter into settlements to mitigate damages.
./"u.l:SSED by the City Council and APPROVED by the Mayor this ~day or
_J 9 ,2007.
CITJ:MARYSV\LL,E ~tI fl
By ~1 ~I(~v<-~,,
DENNiS L KENDALL,Mayor
ATT
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Approved as t )fo n:
l3y O;,-o=1/cLJ~~-='-"---_
GRANT K. WEED. City Attorney
Date orPublication:~'t1
Effective Date (5 days alter publication):_#"1
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EXHIBIT A
BETA -MARYSVILLE WAREHOUSE,L.L.C.PROPERTY
All that portion ofthe North halfofthe NOl1h halfofthe Southeast quarter ofthe
Northeast quarter ofSection 32,Township 31 North,Range 5 East, \V.M., lying
Easterly ofPrimary State Highway No.1,as conveyed to State ofWashington by
deed recorded under Auditor's File No. 1209439.
EXCEPT the East 30 feet thereof conveyed to Snohomish County by deed recorded
under Auditor's File No, 192727: and
EXCEPT the West 20 fccr ofthe East 50 feet conveyed to Snohomish County by
deed recorded under Auditor's File No.7907250289,
Situate in the County ofSnohomish,State of Washington.
TAX PARCEL NO.3 I0532-00 1-(1 15-00
MIDWAY DEVELOPMENT,LLC PROPERTY
Thai portion ofthe South halfofthc South halfofthc Northeast quarter ofrhc
Northeast quarter ofSection 32,Township 3I North,Range 5 East, W.M., in
Snohomish County,Washington,lying Easterly ofState Route 5~
EXCEPT the North 48 feet
A'JD EXCEPT State Road on the East:
AND EXCEPT Beginning at the Northeast corner ofsaid South half ofthe South half
of said Subdivision;
Thence West along the North line thereof to the West line of said State Road;
Thence South along said West line 48 feet to the True Point ofBeginning;
Thence continuing along said West Highway line 180 feet;
Thence West I00 feet;
Thence North parallel to said West Highway line 180 feet;
Thence East 100 feet to the True Point of Beginning.
TAX PARCEL NO.310532-001-007-00
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EXHIBIT B
TEMPORARY CONSTRL'CTION EASEMENT
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