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Home My WebLink AboutO-2731 - Authorizes acquisition of property (Special) (2)CITY OF MARYSVILLE Marysville,Washington ORDINANCE NOd-7SI AN ORDINANCE OF THE CITY OF MARYSVILLE, WASHINGTON,AUTHORIZING THE CONDEMNATION, APPROPRIATION, TAKING AND DAMAGING OF LAND AND OTHER PROPERTY FOR PURPOSES OF ESTABLISHING A PUBLIC PARK, PRESERVING OPEN SPACE, AND WETLANDS MITIGATION REQUIREDFOR PUBLIC PROJECTS. WHEREAS, the City Councilofthe City ofMarysville (hereinafter the "City") finds as follows: I. Public safety, convenience, use and necessity demand the establishment ofa public park, the preservation ofopen space, and the acquisition of lands for wetlands mitigation required by public projects. 2. The City has undertaken a search for suitable sites and has determined that the most suitable site for the establishment of a public park,preservation ofopen space and acquiring lands for wetlands mitigation is located between Sunnyside Boulevard and Ebey Slough, in the location more specifically described in EXHIBIT A attached hereto and incorporated herein by this reference. 3. The entire cost ofthe acquisitions provided by this ordinance shall be paid by the following funds ofthe City: Fund No.NOI 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,ifnecessary, title to real property for public purposes.Establishment ofpublic parks,preservation ofopen space and wetlands mitigation associated with public projects are public purposes. 6. Notice ofthe planned final action authorizing the condemnation ofthe property described in EXHIBIT A has been given to the owners of said property and published in the Everett Herald and Marysville Globe in accordance with the provisions ofRCW 8.25.290. NOW,THEREFORE,THE CITY COUNCIL OF THE CITY OF MARYSVILLE, WASHINGTON,DO ORDAIN AS FOLLOWS: " /cs/mv/sound/ordinance.doc MV-06-097 1 1. The City is hereby authorized to condemn, appropriate, take and damage the real property described in EXHIBIT A hereto. 2. The use ofthe lands described in EXHIBIT A is for establishing a public park, preservation ofopen space, and acquisition oflands for wetlands mitigation required by public projects,which are permanent public uses reasonably necessary for the purposes for which the lands are sought. 3. All lands, rights,privileges and other property lying within the limits ofthe land described in EXHIBIT A are hereby authorized to be condemned,appropriated,taken and damaged for the purpose ofestablishing a public park,preservation ofopen space, and acquisition oflands for wetlands mitigation required by public projects. 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 thereofin 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.NOI 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 this1Q-f,h dayof December,2007. CIT.LMARYS;ZBY~;<~ DENNIS L.KENDALL, Mayor Approved as to form:1 (). BY~<WJJleY {TRANT K.WEED, City Attorney Date ofPublication:lk{fCj (D"1 Effective Date (5 days after publication):---,J.2.{?JI/o'-) Ics/mv/soundlordinance.doc MV-06..Q97 2 EXHIBIT A LEGAL DESCRIPTIONS PORTION OF TAX PARCEL 290503-001-021-00 That portion ofGovernment Lots 2 and 3, Section 3,Township 29 North,Range 5 East, W.M. described as follows: Beginning at a point on the north line ofthat parcel under Statutory Warranty Deed recorded under Recording Number 9207010592,Records ofSnohomish County,Washington,which measures South 2°47'23"West a distance of455.34 feet along the east line ofsaid Government Lot 3 from the north quarter comer ofsaid Section 3; Thence South 89°07'08"East a distance of274.76 feet, more or less, along said north line to the centerline of 59th Drive N.E.(formerly 44th StreetN:E.)per the plat ofWestwiew At Sunnyside II as recorded under Auditors File Number 9808075002,Records ofSnohomish County, Washington; Thence South 00°59'14" West along the southerly projected centerline ofsaid 59 th Drive N.E. a distance of94.98 feet, more or less, to the south line of said parcel; Thence North 89°07'08"West a distance of 1053.17 feet, more ofless, along said south line to the ordinary high water mark line ofEbey Slough as field located 5/3/2005; Thence North 49°39'27"West a distance of42.18 feet along said ordinary high water mark line; Thence continuing along said high water mark line North 40°54'16"West a distance of98.16 feet to the north line ofsaid parcel; Thence South 89°07'08"East a distance of 876.74 feet along said north line to the point of beginning; Together with that portion ofTract 998,plat ofWestwiew At Sunnyside II,as recorded under Auditors File Number 9808075002,Records ofSnohomish County,Washington,lying westerly ofthe southerly extension ofthe centerline ofsaid 59 th Drive N.E. PORTION OF TAX PARCEL 290503-001-022-00 That portion ofGovernment Lots 2 and 3,Section 3,Township 29 North, Range 5 East, W.M., described as follows: Beginning at a point on the north line ofthat parcel under Special Warranty Deed recorded under recording number 2000120I0675, Records of Snohomish County,Washington,which measures South 2°47'23"West a distance of555.38 feet along the east line ofsaid Government Lot 3 from the north quarter comer ofsaid Section 3; Thence South 89°07'08"East a distance of252.74 feet, more or less, to the west line ofthe southerly extension of59th Avenue N.E.(formerly 44th StreetN.E.)per the plat ofWestwiew At Sunnyside II as recorded under Auditors File Number 9808075002,records ofSnohomish County,Washington; Thence South 00°59'14"West along the said west line ofsaid southerly extension of 59th cs/mv/sound.ordinance.doc MV-06-097 EXHIBIT A-I Avenue a distance of 230.19 feet, more or less, to a point on the south line ofsaid parcel; Thence North 89°01'08"West a distance of 874.33 feet, more or less, along said south line to the high ordinary water mark line ofEbey Slough as field located 5/4/2005; Thence North 23°30'55"West a distance of39.58 feet along said ordinary high water mark line; Thence North 30°05'05"West a distance of 142.63 feet along said ordinary high water mark line; Thence continuing along said ordinary high water mark line North 43°28'19"West a distance of 99.86 feet to the north line of said parcel; Thence South 89°01'08"East a distance of775.43 feet along said north line to the point of beginning. cs/mv/sound/ordinance.doc MV-06-097 EXHIBIT A-2