HomeMy WebLinkAboutO-2863 - Condemnation and acquisition of property (Special)CITY OF MARYSVILLE
Marysville,Washington
ORDINANCE NO.28'63
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 51"AVENUE N.E.FROM 84'h STREET N.E.
TO 88'h STREET N.E.AND ASSOCIATED STREET IMPROVEMENTS
WHEREAS,the City Council ofthe City ofMarysville (hereinafter the "City")finds as
follows:
1.51"Avenue N.E.is a north-south arterial that is interrupted between 84'h Street
N.E.and 88'h Street N.B.,impairing the flow oftraffic in the vicinity.
2.Public safety,convenience,use and necessity demand completion of51 st Avenue
N.E.by construction ofstreet improvements from 84'h Street N.E.to 88'h Street N.E.
3.The City has conducted engineering studies and has determined that it will be
necessary to acquire fee interests inproperty for the street construction project as more
specifically described in EXHIBIT"A,"attached hereto and incorporated herein by this
reference.
4.The entire cost ofthe acquisition provided by this ordinance shall be paid by the
following funds ofthe City:
Fund No.305 (GMA-Street)
or such other funds ofthe City as maybe provided by law.
5.The City and the property owners may be unable to agree upon the compensation
to be paid for properties and property rights to be acquired for the project.
6.The City has authority pursuant to RCW 8.12 to acquire,ifnecessary,title and
rights to real property for public purposes.
7.Notice ofthis 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-10-099 51"Avenue NE/Ordinance 1
1.The City is hereby authorized to condemn,appropriate,take,damage and acquire
the real property described in EXHIBIT "A"attached hereto.
2.The use ofthe property described in EXHIBIT "A"is for construction ofa
public street 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 public
street 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 thereofin 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 ofthe project.
4.The cost ofthe acquisition provided for by this ordinance shall be paid by the
following funds ofthe 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 bylaw to carry out the
provisions ofthis ordinance,and to enter into settlements to mitigate damages.
_PASSED by the City Council and APPROVED by the Mayor this i b ,.,1..day of
~(),.he..,2011.
CITY OF M RYSVILLE/-~
::~k,----=-==Gqo-iy ti-ty CLERK
Approved as to form:.(')
BY~<::'wV
CITY ATTORNEY
Date ofPublication:05/@///
Effective Date (5 days after publication):f/1MI ;Jt::?/J,
c
M-IO-099 51"Avenue NE/Ordinance 2
EXHIBIT "A"
Parcell:
Lot 13,Quilceda Terrace Division No.2,according to the plat thereofrecorded in Volume 14 of
Plats,Page 73,records ofSnohomish County,Washington.
Property Address:5104 -86th Place NE,Marysville,WA 98270
Tax Account Number:005507-000-013-00
Parce12:
The South 260 feet ofthe East 115 feet ofthe Southeast quarter ofthe Northeast quarter of
Section 21,Township 30 North,Range 5 East,W.M.,
EXCEPT any portion thereoflying within 84th Street N.E.on the South side thereof.
Situate in the County ofSnohomish,State ofWashington.
Property Address:5031 -84th Street NE,Marysville,WA 98270
Tax Account Number:300521-001-081-00
Parce13:
Commencing at the Northwest comer ofthe SW Y.ofthe NW V.of Section 22,Township 30 N.
R.5 E.W.M.;
Thence South 3°11 '42"East for 20 feet to the South line ofthe County Road,the True Point of
Beginning;
Thence South 88°25'42"East along the South line of County Road for 81.25 feet;
Thence South 3°11 '42"East for 200 feet;
Thence North 88°25'42"West for 81.25 feet to the West Line ofsaid SW V.ofNW Y.;
Thence North 3°11'42"West along said West line for 200 feet to the True Point ofBeginning.
Situate in the County ofSnohomish,State ofWashington.
Property Address:5100 -88th Street NE,Marysville,WA 98270
Tax Account Number:300522-002-048-00
M-1O-099 51"Avenue NE/Ordinance
WAC 458-61A-206 Condemnation proceedings.(1)Introduction.Transfers ofreal property
to a governmental entity under an imminent threat ofthe exercise of eminent domain,a court
judgment or settlement with a government entity based upon a claim ofinverse condemnation,or
as a result ofthe actual exercise ofeminent 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 ofeminent 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 ofits 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 ofsale;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 ofthe
circumstances in which a sale to a governmental entity mayor may not be exempt on the basis of
condemnation or threat ofeminent domain.The status ofeach situation must be determined after
a review ofall 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 ofpublic 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 ifrequired.The district has notified the Fairwoods in writing ofits intention to
exercise its powers ofeminent domain ifnecessary 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 ofthe new school.The conveyance from the
Fairwoods to Jazz Port school district is exempt from real estate excise tax because the transfer
wasmade under the imminent threat ofthe exercise ofeminent domain.
(b)The Sonata City Parks Department has the authority to obtain land for possible future
development ofparks.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 ofa park on the site,and the City Council has not specifically authorized
an exercise ofeminent 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 ofeminent domain.
[Statutory Authority:RCW 82.32.300.82.01.060(2),and82.45.150.05-23-093,§458-61A-206,fIled 11/16105,
effective 12/17/05.]