HomeMy WebLinkAboutO-2747 - Right-of-way vacation (Special) (3)CITY OF MARYSVILLE
Marysville,Washington
ORDINANCE NO.d:1:-I1
AN ORDINANCE OF THE CITY OF MARYSVILLE VACATING A PORTION
OF UNIMPROVED RIGHT-OF-WAY LOCATED NORTH OF 172nd St.NE /SR
531,EAST OF 27'h AVE.NE,AND SOUTH OF TAX PARCEL 31052000403000.
WHEREAS,in Resolution 2250,the City Council set a public hearing on October 27, 2008 to
consider the street vacation petition filed by the owners of property adjoining a portion of unimproved right-
of-way located north of 172nd St.NE / SR 531, east of27"'Ave.NE,and-south-of tax parcel
31052000403000 in the City ofMarysville, as legallydescribed in Exhibit A and as depicted in Exhibit B
attached hereto;and
WHEREAS,the Marysville City Council recommends waiving all compensation of the vacated right-
of-way,based on the following factors:
(a>The unopened right-of-way currently does not genetate any tax dollars to the City.Vacating the
existing right-of-way would allow the proponent to incorporate the property into a proposed commercial
development,which would generate property and sales tax dollars for the City.
(b)The right-of-way is located in a highly visible location to the north of172nd St.NE / SR 531 just
west ofInterstate 5,within an area that has been designated in the Marysville Gateway Master Plan for
construction of a freeway/highway commercial gateway sign,which will fulfill the purposes of civic pride, a
welcome to the City,and event advertisement.
(c)The newgateway sign would be constructed at the developers cost and would subsequently be
owned by the developer.The estimated cost for the City to construct the proposed improvementwould be
approximately $61,000.00 based on a large scale horizontal sign with a stainless steel backing panel,and
including base lights, trellis,landscaping,etc.,compared to the cost ofthe vacated right-of-way totaling
$71,105.76,based on $7.37 per SF, less a 50%reduction for area within water line easement.
WHEREAS,the Marysville City Council considered the evidence presented at the public hearing and
entered the following findings offact:
(a)The vacation will provide a public benefit and purpose as the applicant will be required to
construct a new gateway sign,with design approval by the City;
(b)The right-of-way vacation shall not adversely affect the street pattern or circulation of the
immediate area or the community as a whole;
(c)The public need shall not be adversely affected;
(d)The right-of-way is not contemplated or needed for future public use;
(e)No abutting owner will become landlocked or his access will not be substantially impaired;
NOW,THEREFORE,
THE CITY COUNCIL OF THE CITY OF MARYSVILLE,WASHINGTON DO ORDAIN AS
FOLLOWS:
Section 1.That portion ofunimproved right-of-way located north of172nd St.NE / SR 531, east of
27th Ave.NE,and south oftax parcel 31052000403000 as legally described in Exhibit A and as depicted on
Exhibit B attached hereto,is hereby vacated,subject to the following conditions:
(a) Saidvacation shall not be effective until the design has been approved by the City ofMarysville
and it has been constructed or bonded for, or other acceptable security has been provided by the applicant.
(b)An easement shall be recorded in favor of the City ofMarysville for the maintenance of the sign.
(c) A 20-foot wide utility easement shall be recorded in favor ofthe City ofMarysvilleover the
north/south running water main that exists on-site.
Section 2. This ordinance and the vacation of that portion ofright-of-way located north of 172
nd St.
NE !SR 531, east of27'"Ave.NE,and south oftax parcel 31052000403000, as legallydescribed in Exhibit
A and as depicted on Exhibit B attached hereto, shall become effective five (5)days after publication of this
ordinance and recording by the City of a certified copy ofthe same in the records of the Snohomish County
Auditor.This ordinance shall not be recorded until and unless conditions (a)- (c)above have been fully
satisfied.
Section 3. Severability.Ifany section,subsection,sentence,clause, phrase or work of this ordinance
should be held to be invalid or unconstitutional by a court ofcompetent jurisdiction, such invalidity or
unconstitutionality thereof shall not affect the validity or constitutionality ofany other section,subsection,
sentence,clause, phrase or word ofthis ordinance.
-thPASSEDby the CityCouncil and APPROVED by the Mayor this QJ day of
0Q..+OGuL
By:
CITY nMARYSVILLE
By:~I'£;/~
'DENNIS KENDALL,MAYOR
Date ofPublication:
Effective Date:
publication)
Exhibit A
(cont)
Property to be vacated to Smokey Pointe Associates,LLC
LEGAL DESCRIPTION
CITY OF MARYSVILLE
RIW VACATION
172ND PLACE NE
That portion of the right-of-way of 172nd Place NE lying within the Southwest Quarter of
the'Southeast Quarter of Section 20,Township 31 North, Range 5 East, W.M.,
described as follows:
Commencing at the southwest corner of said Southwest Quarter ofthe Southeast
Quarter;thence, along the west line of said subdivision,North 01°11'24"East 63.55
feet; thence, along the westerly extension of the north line of parcel described in Deed
of Dedication recorded under Snohomish County Auditor's File No.200801230248,
North 88°51'28"E;ast 192.58 feet to the right-of-way margin of said 172
nd Place NE and
the True Point of Beginning;thence,along said margin, North 01°14'16"East 66.44 feet
and South 88°51'28"West 168.39 feet to the east line of parcel described in Statutory
Warranty Deed recorded under Snohomish County Auditor's File No. 200510180849;
thence,along said east line, South 01°11'30"West 60.05 feet to said right-of-way
margin;thence, along said margin, South 88°51'18"West 88.87 feet to a curve to the
left whose radius point bears South 01°08'42"East 20.75 feet;.thence along said curve
and margin through a central angle of 46°08'54"an arc distance of 16.71 feet; thence
South 88°51'28"West 25.44 feet to the True Point of Beginning;
Containing an area of 10,548 square feet more or less.
Exhibit.
Property to be vacated to Smokey Pointe Associates,LLC
ACATIO NE
103.14
SCALE IN FEET
~Io50100
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R=20.75
L= 16.71
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PROPOSED UTILITY V)
EASEMENT
S 88'48'36"E 461.86
4-030
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298.72
(7'07'58")
6=7'13'43"
R=382.00
L=48.19(47.56)
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T.PATRICK FOX L.S.27192
REGISTERED PROFESSIONAL LAND SURVEYOR
SKILLIHCiS
CONNOLLY
COMMUNITY DEVELOPMENT DEPARTMENT
80 Columbia Avenue,Marysville,WA 98270
(360)363-8100,(360)651-5099 FAX
PETITION FOR VACATION OF STREET
TO: The City Council ofthe City ofMarysville, Washington
Smokey Pointe Associates,LLC hereby petitions the City ofMarysville for thevacation
ofa street pursuant to RCW 35.79, and in support ofsaid petition states as follows:
1.
2. Smokey Pointe Associates,LLC is the owner of100%ofall property abutting said
street on the south side.
3. Vacation ofsaid street will meet the following criteria:
a.It will provide a public benefit.
b.It will not adversely affect the street pattern or circulation ofthe immediate area or ofthe
community as a whole.
c. The public need will not be adversely affected.
d. The street is not contemplated or needed for future public use.
e. No abutting owner will become landlocked or have his access substantially impaired.
4. Smokey Pointe Associates,LLC hereby agrees to pay all fees and charges required
by Chapter 12.32 ofthe Marysville City Code relating to vacation ofstreets.
DATED this 8th dayof_A_u_g_u_s_t ~,2008.
M e ,Smokey Pointe Associates,LLC
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·.~,J WHITE-LEASURE DEVELOPMENT COMPANY
August 11, 2008
City ofMarysville
Attn: Cheryl Dungan
80 Columbia Ave.
Marysville,WA 98207
RE:
Dear Cheryl,
Attached is an application for the vacation ofa small parcel ofproperty
(see Exhibit A attached hereto)located just west ofI-5 that the City ofMarysville
owns on 172
M Street.The entire parcel is described on Exhibit B attached hereto.
As you know,Smokey Pointe Associates (White-Leasure Development
Company) is under construction on property adjacent to this parcel.Smokey
Pointe Associates,LLC is requesting that the City ofMaryville vacate the parcel
described on Exhibit A at no cost to Smokey Pointe Associates for the following
reasons:
A.The parcel was acquired by the City ofMarysville through
annexation.
B. The parcel was intended to be used for right-of-way;however,
WSDOT does not need it and it is not shown on their final plans
for the upcoming Interchange project.
C. The parcel is landlocked and is too small to be developed on its
own.
D.Ifit were vacated most ofthe parcel would be consumed by
sidewalk and landscaping requirements.Smokey Pointe
Associates is willing to pay for the landscaping and sidewalks.
E. This parcel is located at the northerly gateway to the City of
Marysville and ifnot vacated the landlocked parcel will become an
eyesore and maintenance liability to the City.
F. The parcel originally was a part ofthe property currently owned by
Smokey Pointe Associates,LLC.
ur'
416 South 8'"Street, Suite 200·P.O.Box 1277·Boise, Idaho 83701-1277'Telephone (208) 345-1842 .FAX (2t~'.~\.,
www.white-leasure.com ~\\
"?,.
,j
G. By vacating the parcel it will become active on the tax rolls which
it currently is not.
H. Smokey Pointe Associates is willing to reimburse the City of
Marysville for any administrative costs associated with this
vacation request.
Thank you for your time and efforts in processing this request. If you
have any questions,please do not hesitate to contact me.
Sincerely,
a4t~
JeffHuber
Member, Smokey Pointe Associates, LLC
L:\Washington\Marysville,WA·LakewoodPointe\CityofMarysville'Correspondence'Of_08_11 CherylDungan-
ApplicationforVacation-Small ParcelLetter.doc