HomeMy WebLinkAboutO-2869 - Condemnation and acquisition of property (Special)CITY OF MARYSVILLE
Marysville, Washington
ORDINANCE No.z.~2
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 st AVENUE N.E. FROM 84th STREET N.E.
TO 88'h STREET N.E. AND ASSOCIATED STREET IMPROVEMENTS
WHEREAS, the City Council of the City of Marysville (hereinafter the "City") finds as
follows:
I. 51 51 Avenue N. E. is a north-south arterial that is interrupted between 84th Street
N.E. and 88 th Street N.E., impairing the flow of traffic in the vicinity.
2. Public safety, convenience, use and necessity demand completion of 51 st Avenue
N.E.by construction ofstreet improvements from 84th Street N.E. to 88 th Street N.E.
3. The City has conducted engineering studies and has determined that it will be
necessary to acquire fee interests in property for the street construction project as more
speci fically described in EXHIBIT"A," attached hereto and incorporated herein by this
reference.
4. 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.
5. The City and the property owner 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, if necessary, title and
rights to real property for public purposes.
7. 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-IO-099 51" Avenue NE/Ordinance2
I. The City is hereby authorized to condemn, appropriate, take, damage and acquire
the real property described in EXHIBIT"A" attached hereto.
2. The use of the property described in EXHIBIT" A" is for construction of a
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 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 of the acquisition provided for by this ordinance shall be paid by the
following funds of the City:
Fund No. 305 (OMA-Street)
or such other funds as may be provided by law.
5. The City's attomeys 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 ~ day of August,
2011.
CITY OF MA YSVILLE
MAYOR
/
:;Z;;:;0~~
. CITY ATTORNEY
Date of Publication: '(in/II
) , J /Effective Date (5 days after publication): _--,r6:...r'-'G@~f-411__ r I
M-IO-099 5\ Sl Avenue NE/Ordinance2 2
EXHIBIT "A"
Lot 4, Quilceda Terrace Division No.2, according to the plat thereof, recorded in Volume 14 of
Plats, page 73, records of Snohomish County, Washington.
Property Address: 5I03 -86th Place NE, Marysville, WA 98270
Tax Account Number: 005507-000-004-00
M-I 0-099 51 " Avenue NE/Ordinance