HomeMy WebLinkAboutO-2855 - Condemnation and acquisition of property (Special)CITY OF MARYSVILLE
Marysville, Washington
ORDINANCE NO. (__ ~5
AN ORDINANCE OF THE CITY OF MARYSVILLE, WASHINGTON
AUTHORIZING THE CONDEMNATION, APPROPRIATION, TAKING,
DAMAGING AND ACQUISITION OF LAND AND OTHER PROPERTY FOR THE
PURPOSE OF CONSTRUCTING A PEDESTRIAN AND BICYCLE TRAIL AND
ASSOCIATED IMPROVEMENTS
WHEREAS, the City Council of the City of Marysville (hereinafter the "City") finds as
follows:
1. Public safety, convenience, use and necessity demand completion of construction
of the Bayview Trail pedestrian and bicycle trail between 75 th Street NE and SR 528.
2. The City has conducted engineering studies and has determined that it will be
necessary to acquire an easement for the trail as specifically described in EXHIBIT" A"
attached hereto and incorporated herein by this reference.
3. The entire cost of the acquisition provided by this ordinance shall be paid by the
following funds of the City:
Parks Growth Management Fund 310
or such other funds of the City as may be provided by law.
4. The City and the property owners may be unable to agree upon the compensation
to be paid for the EXHIBIT "A" easement.
5. The City has authority pursuant to RCW 8.12 to acquire, if necessary, title and
rights to real property for public purposes.
6. 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:
1. The City is hereby authorized to condemn, appropriate, take, damage and acquire
the real property described in EXHIBIT"A" attached hereto.
M-07-036 Bayview TraillLong/Ordinance 2.25.11
2. The use of the property described in EXHIBIT"A" is for a pedestrian and
bicycle trail and associated improvements.
3. All lands, rights, privileges and other property as described in EXHIBIT"A" are
hereby condemned, appropriated, taken and damaged for the purpose of constructing a pedestrian
and bicycle trail and associated improvements. 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. The City is further
authorized to amend the legal descriptions contained in EXHIBIT"A" as may be necessary
and appropriate to meet requirements of the project.
4. The cost ofthe acquisition provided for by this ordinance shall be paid by the
following funds ofthe City:
Parks Growth Management Fund 310
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 14th day of March,
2011.
CITY OF MARYSVILLE r
MAYOR
T
ATT41 :
By ~f()~ nt,e)CLERK
Approved as to fO~Y
BId~{c.~
. CITY ATTORN~__
Date of Publication: jJt~ /11I V,-f-L+--J /
Effective Date (5 days after publication): 3f2'l'J
M-07-036 Bayview Trail/Long/Ordinance 2.25.11 2
EXHIBIT "A"
AFTER RECORDING RETURN TO:
City of Marysville
1049 State Avenue
Marysville, WA 98270
RECREATION AND TRAIL EASEMENT
Grantor: LONG, KENNETH L.
LONG, JANICE M.
WHIDBEY ISLAND BANK
Grantee: CITY OF MARYSIVLLE
Legal Description: Ptn NE~ NE~ 26-30-5, Snohomish County, WA Add'l on P. 5-6
Tax Parcel: 300526-001-001-00
THIS INDENTURE made this __day of ,2011, between
KENNETH L. LONG and JANICE M. LONG, husband and wife, hereinafter referred to
as "Grantor;" the CITY OF MARYSVILLE, a municipal corporation of the State of
Washington, hereinafter referred to as "Grantee," and WHIDBEY ISLAND BANK,
hereinafter referred to as "Mortgagee"; WlTNESSETH:
WHEREAS, Grantor is the owner of certain lands and premises situated in the
County of Snohomish, State of Washington, described as follows:
See EXHIBIT 1 attached hereto
and,
WHEREAS, Grantee is desirous of acquiring certain rights and privileges over,
under, through, across, in and upon said lands and premises; NOW, THEREFORE,
Grantor, for valuable consideration, the adequacy and receipt of which is hereby
acknowledged, hereby conveys and grants to the Grantee, its successors and assigns and
its contractors, agents, permittees and licensees, the perpetual right, privilege and
authority to construct, pave, alter, improve, repair, operate, maintain and allow public
use of a public pedestrian and bicycle trail, and all appurtenances associated therewith,
over, under, through, across, in and upon the following described lands and premises
situated in the County of Snohomish, State of Washington, to-wit:
M-07-036/Long/Trail Easement 2.24.11
See EXHIBIT 2 attached hereto
TOGETHER WITH the right of ingress to and egress from said lands across
adjacent lands of the Grantor for the purpose of constructing, reconstructing, repaving,
repairing, renewing, altering, changing, patrolling and operating said trail, and the right
to bring heavy equipment and vehicles onto said property and operate said equipment
and vehicles thereon for said purposes; and
TOGETHER WITH the right to install drainage facilities and to make cuts and
fills as required for the above purposes; and
TOGETHER WITH the right to cut and/or remove brush, trees and other
vegetation as required for the above purposes or that interfere with the use and/or
operation of the trail; and
TOGETHER WITH the right to install landscaping for enhancement of the trail,
and to water, fertilize and otherwise maintain and replant said landscaping; and
TOGETHER WITH the exclusive right to impose rules and regulations
concerning the use of said trail and to erect signs and/or fencing for trail purposes.
This easement shall be exclusive, subject only to easements, covenants,
conditions and restrictions affecting the property on the date of execution of this
easement. The Grantor shall not use the easement area except in conformance with the
rules and regulations established for trail use and shall not erect any buildings,
structures, patios, or other construction of any nature on said easement; PROVIDED,
Grantor shall be entitled to cross the easement area to access adjacent lands of Grantor in
a location or locations specified by Grantee, or as the same may be relocated from time
to time by Grantee.
The Grantor also covenants to and with the Grantee that Grantor is lawfully
seized and possessed of the land aforesaid; has a good and lawful right and power to sell
and convey same; that same is free and clear of encumbrances, except as above
indicated; and that Grantor will forever warrant and defend the title to said easement and
the quiet possession thereof against the lawful claims and demands of all persons
whomsoever. This conveyance shall be a covenant running with the land, and shall be
binding on the Grantor and its heirs, successors and assigns forever.
M-07-036ILongiTrail Easement 2.24.11 2
Any mortgage on said land held by the Mortgagee is hereby subordinated to the
rights herein granted to the Grantee, but in all other respects the said mortgage shall
remain unimpaired.
IN WITNESS WHEREOF, this instrument has been executed the day and year
first above written.
KENNETH L. LONG, Grantor
JANICE M. LONG, Grantor
STATE OF WASHINGTON
COUNTY OF SNOHOMISH
)
)ss.
)
I certify that I know or have satisfactory evidence that KENNETH L. LONG and
JANICE M. LONG are the persons who appeared before me, and said persons acknowledged that
they signed this instrument and acknowledged it to be their free and voluntary act for the uses and
purposes mentioned in the instrument.
DATED this __day of , 2011.
(Legibly print name of notary)
NOTARY PUBLIC in and for the State of
Washington, residing at _
My commission expires _
M-07-036/Long/Trail Easement 2.24.11 3
-------
That certain Deed ofTrust dated April 30, 2007, and recorded at Snohomish
County Auditor's file no. 200705030354, and that certain Deed of Trust dated February
8,2010, recorded at Snohomish County Auditor's file no. 201003020128, and any other
mortgage upon the within described land held by the Mortgagee, are hereby
subordinated to the rights herein granted to the Grantee, but in all other respects the said
deed of trust/mortgage shall remain unimpaired.
DATED this day of ,2011.-------------~.
WHIDBEY ISLAND BANK, Mortgagee
pursuant to Assignments recorded under
Snohomish County Auditor's file numbers
201102140088 and 201102140086
By _
~ (print name)
Its (title)
STATEOF _ )
)ss.
COUNTY OF _ )
I certify that I know or have satisfactory evidence that _
is the person who appeared before me, and said person acknowledged that he/she signed this
instrument, on oath stated that he/she was authorized to execute the instrument and
acknowledged it as the ofWHIDBEY ISLAND BANK to be the
free and voluntary act of such party for the uses and purposes mentioned in the instrument.
DATED this __day of , 20 II.
(Legibly print name of notary)
NOTARY PUBLIC in and for the State of
____, residing at _
My commission expires
M-07-036/Long/Trail Easement 2.24.11 4
EXHIBIT 1
SERVIENT ESTATE LEGAL DESCRIPTION
THAT PORTION OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 26,
TOWNSHIP 30 NORTH, RANGE 5 EAST, W.M., DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF SAID NORTHEAST QUARTER OF THE NORTHEAST
QUARTER;
THENCE SOUTH 00°42'52" WEST ALONG THE EAST LINE THEREOF, 753.55 FEET TO THE
EASTERLY EXTENSION OF THE SOUTHERLY LINE OF BAYVIEW SUMMIT, ACCORDING TO THE PLAT
THEREOF, RECORDED IN VOLUME 59 OF PLATS, PAGES 121 AND 122, RECORDS OF SNOHOMISH
COUNTY, WASHINGTON, SAID POINT BEING THE TRUE POINT OF BEGINNING OF THE TRACT
HEREIN TO BE DESCRIBED;
THENCE NORTH 87°48'53" WEST ALONG THE SOUTH LINE OF SAID BAYVIEW SUMMIT, 646.72
FEET TO AN ANGLE POINT THEREON;
THENCE NORTH 00°40'59" EAST, ALONG THE WEST LINE OF SAID BAYVIEW SUMMIT, 100.03
FEET TO AN ANGLE POINT THEREON AND BEING ON THE NORTH LINE OF THE SOUTH HALF OF
THE NORTH HALF OF THE NORTHEAST QUARTER OF SAID SECTION 26;
THENCE NORTH 87°48'53" WEST ALONG THE SOUTH LINE OF SAID BAYVIEW SUMMIT AND ALONG
THE NORTH LINE OF SAID SOUTH HALF OF THE NORTH HALF OF THE NORTHEAST QUARTER TO
THE NORTHEAST CORNER OF THE PLAT OF BAY VIEW CREST DIVISION II, ACCORDING TO THE
PLAT THEREOF, RECORDED IN VOLUME 54 OF PLATS, PAGES 89 THROUGH 91, INCLUSIVE;
THENCE SOUTH 00°44'52" EAST ALONG THE WEST LINE OF SAID PLAT 655.18 FEET, MORE OR
LESS TO THE SOUTH LINE OF SAID SOUTH HALF OF THE NORTH HALF OF THE NORTHEAST
QUARTER;
THENCE SOUTH 89°20'21" EAST, ALONG SAID SOUTH LINE TO THE SOUTHWEST CORNER OF
WHISKEY TOP, ACCORDING TO THE PLAT THEREOF RECORDED FEBRUARY 6, 2001 UNDER
AUDITOR'S FILE NO. 200102065005:
THENCE NORTH 00°44'52" WEST, ALONG THE WEST LINE OF SAID WHISKEY TOP, 327.49 FEET
TO THE NORTHWEST CORNER THEREOF:
THENCE SOUTH 89°16'34" EAST ALONG THE NORTH LINE OF SAID WHISKEY TOP, 646.93 FEET
TO THE EAST LINE OF SAID NORTHEAST QUARTER OF THE NORTHEAST QUARTER;
THENCE NORTH 00°42'52" EAST ALONG EAST LINE 226.75 FEET TO THE TRUE POINT OF
BEGINNING HEREOF.
EXCEPT THE EAST 20 FEET THEREOF AS CONVEYED TO SNOHOMISH COUNTY BY DEED RECORDED
UNDER AUDITOR'S FILE NO. 182635 IN BOOK 147, PAGE 30, DEED OF RECORDS OF SAID
COUNTY FOR NE 83RD AVENUE.
SITUATE IN THE COUNTY OF SNOHOMISH, STATE OF WASHINGTON.
M-07-036/LongiTrai1 Easement 2.24.11 5
EXHIBIT 2
LEGAL DESCRIPTION EASEMENT AREA
A 28.00 foot wide Easement, over, under, through, across, in and upon that portion
of the Southwest Quarter of the Northeast Quarter of the Northeast Quarter of
Section 26, Township 30 North, Range 5 East, W.M., being 14.00 feet on each side
of the following described centerline:
Commencing at the southeast comer of said subdivision, also being the southwest
comer of WHISKEY TOP, recorded under Auditor's File Number 200102065005,
records of Snohomish County, Washington (said Plat being the basis of bearings for
this description); thence North 89 degrees 20 minutes 21 seconds West, along the
south line of said subdivision, a distance of75.00 feet to the true point of beginning
of the centerline to be described; thence North 0 degrees 44 minutes 52 seconds
West, parallel with the east line of said subdivision and the west line of said Plat, a
distance of 75.60 feet; thence North 1 degree 59 minutes 40 seconds East a distance
of 83.15 feet; thence North 8 degrees 54 minutes 45 seconds East a distance of 47.65
feet; thence North 4 degrees 05 minutes 05 seconds West a distance of 120.20 feet;
thence North 0 degrees 44 minutes 52 seconds West, parallel with the east line of
said subdivision, a distance of 137.50 feet; thence North 3 degrees 07 minutes 28
seconds West a distance of 192.25 feet to a point in the north line of said subdivision
that bears North 89 degrees 12 minutes 47 seconds West a distance of78.00 feet
from the northeast comer of said subdivision, and said centerline there terminating.
The side lines of said easement shall be lengthened or shortened to intersect the north
and south lines of the Southwest Quarter of the Northeast Quarter of the Northeast
Quarter of said Section 26.
M-07-036/Long/Trail Easement 2.24.11 6