HomeMy WebLinkAboutO-2828 - Appropriation of property for sidewalk construction (Special)CITY OF MARYSVILLE
Marysville, Washington
ORDINANCE NO.28 2-8'
AN ORDINANCE OF THE CITY OF MARYSVILLE, WASHINGTON, AUTHORIZING THE
CONDEMNATION, APPROPRIATION, TAKING AND DAMAGING OF LAND AND
OTHER PROPERTY FOR PURPOSES OF CONSTRUCTING SIDEWALKS ALONG 67TH
AVENUE NE
WHEREAS, the City Council of the City of Marysville (hereinafter the "City") finds as
follows:
1. Sidewalks have been fully constructed along the west margin of 6ih Avenue north
of SR 528 except in the area adjacent to the two properties located at 7006 -6ih Avenue NE
and 7014 -6ih Avenue NE.
2. Public safety, convenience, use and necessity demand the completion of sidewalks
along 6ih Avenue.
3. The City has conducted engineering studies and has determined that the east 10
feet of the above properties is required for purposes of constructing sidewalks, together with a
construction easement over the west 10 feet of the east 20 feet of said properties.
4. The owner of the property at 7014 -67th Avenue NE has dedicated the required
sidewalk property to the City as part of participation in the City's 50/50 sidewalk program.
5. The entire cost of the acquisition provided by this ordinance shall be paid by the
following funds of the City:
Fund No. 305 (GMA-Street)
or such other funds of the City as may be provided by law.
6. The City may be unable to agree with owner of the property at 7006 -6ih Avenue
NE upon the compensation to be paid for said property.
7. The City has authority pursuant to RCW 8.12 to acquire, if necessary, title to real
property for public purposes.
8. Notice of this action has been duly given as required by RCW 8.25.290.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MARYSVILLE,
WASHINGTON DO ORDAIN AS FOLLOWS:
M-I 0-084/Condemnation Ordinance
1. The City is hereby authorized to condemn, appropriate, take and damage the real
property located described in EXHIBIT "A."
2. The use of the property described in EXHIBIT"A" is for construction of
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 EXHIBIT"A" are hereby condemned, appropriated, taken and damaged for the
purpose of constructing sidewalks along 6ih 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 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 21 w... day of
September, 2010.
CITY OFMARYSVllLE
fJ MAYOR
ATT~:
By_-+-,e-;~~"...~oaq-)~ ~ l ~CLERK
Approved as to form:
ByLJ~C-~'{iJ'
CITY ATTORNEY
Date of Publication: qJ"L q IJ ~ r I
Effective Date (5 days after publication): _.!..-I_0-J/L'_~.,,-/_G_
M-1 0-084/Condemnation Ordinance 2
EXHIBIT "A"
LEGAL DESCRIPTION
Fee acquisition:
The East 10 feet of the following-described PARCEL A.
Temporary construction easement acquisition:
The West 10 feet of the East 20 feet of the following-described PARCEL A.
PARCEL A:
The South 100 feet of the East 1 acre of Lot 12, Henning's Kellogg Marsh Gardens, according to
the plat thereof recorded in Volume 11 of Plats, page 85, records of Snohomish County,
Washington;
TOGETHER WITH that portion of the South 100.00 feet of Lot 12, Henning's Kellogg Marsh
Gardens, according to the plat thereof recorded in Volume 11 of Plats, page 85, records of
Snohomish County, Washington, lying between the West line of the East 1 acre of said Lot 12
and the East line of Lots 49 and 50 of the Plat of Kellogg Meadows Division No.2, according to
the Plat thereof recorded in Volume 49 of Plats, pages 288 and 289, records of Snohomish
County, Washington.
AND TOGETHER WITH the East 228 feet of the North 20 feet of the following-described 10
acre tract:
A certain portion of the East half of the Northeast quarter of Section 27, Township 30 North,
Range 5 East, W.M., in Snohomish County, Washington, described as follows:
Beginning 219.94 feet North of the Southeast comer of the Northeast quarter of said Section 27,
herein referred to as the Point of Beginning; Thence West 990 feet; Thence North 440 feet;
Thence East 990 feet; Thence South 440 feet to the Point of Beginning; EXCEPT County Road.
Situate in the County of Snohomish, State of Washington.
Snohomish County tax parcels 004701-000-012-03 and 300527-001-061-00
Commonly known as 7006 -6ih Avenue NE, Marysville, WA 98270
M-10-084/Condemnation Ordinance 3
WAC Excerpt
WAC 458-61A-206 Condemnation proceedings. (1) Introduction. Transfers of real property to a
governmental entity under an imminent threat of the exercise of eminent domain, a court judgment or
settlement with a government entity based upon a claim of inverse condemnation, or as a result of the
actual exercise of eminent domain, are not subject to the real estate excise tax.
(2) Transfer must be to a governmental entity. To qualify for this exemption, the threat of
condemnation or the exercise of eminent domain must be made by a governmental entity with the actual
power to exercise eminent domain.
(3) Threat to exercise eminent domain must be imminent. To qualify for this exemption, the
governmental entity must have either filed condemnation proceedings against the seller/grantee; or:
(a) The governmental entity must have notified the seller in writing of its intent to exercise its power of
eminent domain prior to the sale; and
(b) The governmental entity must have the present ability and authority to use its power of eminent
domain against the subject property at the time of sale; and
(c) The governmental entity must have specific statutory authority authorizing its power of eminent
domain for property under the conditions presented.
(4) Inverse condemnation. Inverse condemnation occurs when the government constructively takes
real property even though formal eminent domain proceedings are not actually taken against the subject
property. The seller must have a judgment against the governmental entity, or a court approved settlement,
based upon inverse condemnation to claim the exemption.
(5) Examples. The following examples, while not exhaustive, illustrate some of the circumstances in
which a sale to a governmental entity mayor may not be exempt on the basis of condemnation or threat of
eminent domain. The status of each situation must be determined after a review of all the facts and
circumstances.
(a) The Jazz Port school district wants to purchase property for a new school. An election has been
held to authorize the use of public funds for the purchase, and the general area for the site has been
chosen. In order to proceed, the district will need to obtain a five-acre parcel owned by the Fairwood
family. The district has been granted authority to obtain property by the use of eminent domain if
required. The district has notified the Fairwoods in writing of its intention to exercise its powers of
eminent domain if necessary to obtain the land. The Fairwoods, rather than allowing the matter to proceed
to court, agree to sell the parcel to the Jazz Port district. The school district will use the parcel for
construction of the new school. The conveyance from the Fairwoods to Jazz Port school district is exempt
from real estate excise tax because the transfer was made under the imminent threat of the exercise of
eminent domain.
(b) The Sonata City Parks Department has the authority to obtain land for possible future development
of parks. The department would like to obtain waterfront property for preservation and future
development. They approach Frankie and Chaz Friendly with an offer to purchase the Friendlys' 20-acre
waterfront parcel. The Parks Department does not have a current appropriation for actual construction of a
park on the site, and the City Council has not specifically authorized an exercise of eminent domain to
obtain the subject property. The conveyance from the Friendlys to the city is subject to the real estate
excise tax, because the transfer was not made under the imminent threat ofthe exercise of eminent
domain.
[Statutory Authority: RCW 82.32.300, 82.01.060(2), and82.45.150. 05-23-093, § 458-6IA-206, filed
11/16/05, effective 12/17/05.]
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Ave NE\Agenda Bill_Condemnation Ordinance.doc
Vicinity Map
PROJECT
LOCATION
7006
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