HomeMy WebLinkAboutO-2902 - Condemnation, appropriation, taking and damaging of property (Special)CITY OF MARYSVILLE
Marysville, Washington
ORDINANCE NO.2-qt:&
AN ORDINANCE OF THE CITY OF MARYSVILLE, WASHINGTON, AUTHORIZING THE
CONDEMNATION, APPROPRIATION, TAKING AND DAMAGING OF LAND AND
OTHER PROPERTY FOR PURPOSES OF CONSTRUCTING UTILITIES ADJACENT TO
SOPER HILL ROAD BETWEEN 87TH AVENUE N.E. AND 83RD AVENUE N.E.
WHEREAS, the City Council of the City of Marysville (hereinafter the "City") finds as
follows:
I. Public safety, convenience, use and necessity demand installation of utility lines
adjacent to Soper Hill Road between 871h Avenue N.E. and 8yd Avenue N.E. to meet the
requirements of the public.
2. The City has conducted engineering studies and has detennined that it will be
necessary to acquire the utility easement attached hereto as EXHIBIT A and the temporary
construction easement attached hereto as EXHIBIT B, which exhibits are hereby incorporated
herein by this reference.
3. The entire cost of the acquisitions provided by this ordinance shall be paid by the
following funds of the City:
'-/0'6.
or such other funds as may be provided by law.
4. The City has secured thc agreement of the property owner in respect to
compensation for the easements, but may be unable to secure the approval of certain lien holders
and subord ination of their interests to the City's casement rights.
5. The City has authority pursuant to RCW Chapter 8.12 to acquire, if necessary,
title to real property for public purposes. The installation of utilities adjacent to Soper Hill Road
is a public purpose.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MARYSVilLE,
WASHTNGTON, DO ORDAIN AS FOLLOWS:
1. The City is hereby authorized to condemn, appropriate, take and damage the real
property described in EXHIBITS A and B hereto, together with all rights appurtenant thereto,
including access where applicable.
M-12-048 Soper Hill/Condemnation Ordinance
2. The use of the property described in EXHIBITS A and B is for installation of
utilities adjacent to Soper Hill Road 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 properties as described in EXHIBITS A
and B are hereby authorized to be condemned, appropriated, taken and damaged for the pu~ose
of constructing, installing and maintaining utilities adjacent to Soper Hill Road between 87\
Avenue N.E. and 83 rd Avenue N.E.. 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 EXHIBITS A and B 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:
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.!l!!}. day of July,
20]2.
ClTY OF MARYSVILLE
By.------,L=tC?4~,/L-ID-~:!L-_+--
JON
ATTEST:
Approved as to form:
BY~(ilO~
GRANT K. WEED':CitYAttorney
Date of Publication: l\\'6\ 1
Effective Date (S days after publication): ~
M-J2-048 Soper Hill/Condemnation Ordinance 2
---------------
EXHIBIT A
AFTER RECORDING RETURN TO:
City of Marysville
1049 State Avenue
Marysville, WA 98270
CITY OF MARYSVILLE
UTILITY EASEMENT
Grantor: WILCOTS, K.ATHLEEN MARJE
_________________ (Mortgagee)
Grantee: CITY OF MARYSVILLE
Legal Description: Tract 317, Sunnyside Five Acre Tracts, Vol. 7, p.
Snohomish Cty, WA
19,
Add'i on p. I & 2
Tax Parcel No: Ptn of 005907-000-317-00
THIS INDENTURE is made this __ day of ,2012,
between KATHLEEN MARJE WJLCOTS, hereinafter referred to as "Grantor"; the
CITY OF MARYSVILLE, a municipal corporation of the State of Washington,
hereinafter referred to as "Grantee"; and
hereinafter referred to as "Mortgagee"; WITNESSETH:
WHEREAS, Grantor is the owner of certain lands and premises situated in the
County of Snohomish, State of Washington, described as follows:
Tract 317, Sunnyside Five Acre Tracts, according to the plat thereof
recorded in Volume 7 of Plats, page] 9, records of Snohomish County,
State of Washington.
and,
UTILJTY EASEMENT -J
M-12-048/WilcOls/SP 523.12
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 warrants to the Grantee,
its successors and assigns and its contractors, permittees and licensees, the perpetual
right, privilege and authority to construct, alter, improve, repair, replace, operate and
maintain storm sewer lines, sanitary sewer lines, water lines, pipes and appurtenances,
over, under, through, across, in and upon the following described lands and premises
situated in the County of Snohomish, State of Washington, to-wit:
The Southerly 20 feet of the following-described parcel, parallel and
adjacent to the northerly margin o[Soper Hill Road:
Tract 317, Sunnyside Five Acre Tracts, according to the plat thereof
recorded in Volume 7 of Plats, page 19, records of Snohomish County,
State o[Washington.
Together with the right of ingress to and egress [rom said lands across adjacent
lands o[ the Grantor, for the purpose of constructing, reconstructing, repairing,
replacing, renewing, altering, changing, patrolling and operating said lines, and
updating utility lines and appurtenances to present and future technological standards,
and the right at any lime to remove said lines and appurtenances from said lands.
The Grantor reserves the right to use the surface of the above-described
easement in the manner now eXisting, but shall not erect any buildings, structures,
patios, or other construction of any nature on said easement or engage in any activity
which might damage said utility improvements. This conveyance is conditioned upon
the Grantee's obligation to replace any fences, lawn, shrubbery or land contours that are
disturbed in connection with the exercise of the Grantee's rights hereunder, as near as
reasonably possible to the condition the same were immediately before the property was
entered by the Grantee.
The rights, title, privileges and authority hereby granted shall continue to be in
force until such time as the Grantee, its successors or assigns, shall permanently remove
said lines and appurtenances from said lands, or shall otherwise permanently abandon
said lines, at which time a.11 such rights, title, privileges and authority hereby granted
shall terminate.
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
UTILITY EASEMENT - 2
M-12-048/Wilcots/SP 5.2312
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. In any proceeding brought to enforce the provisions of this paragraph or
to determine the rights of the parties under this paragraph, the prevailing party shall be
entitled to collect, in addition to any judgment awarded by a court, a reasonable sum as
attorneys' fees, and all costs and expenses incurred in connection with such a lawsuit,
including attorneys' fees, costs, and expenses of any appeal of a judgment. For
purposes of this agreement, the prevailing party shall be that party in whose favor final
judgment is rendered or who substantially prevails, ifboth parties are awarded
judgment. The term "proceeding" shall mean and include arbitration, administrative,
bankruptcy and judicial proceedings including appeals.
This conveyance shall be a covenant running with the land, and shall be binding
on the Grantor and its heirs, successors and assigns forever.
IN WITNESS WHEREOF, this instrument has been executed the day and year
[lfSI above written.
KATHLEEN MARIE WlLCOTS, Grantor
STATE OF WASHINGTON )
)ss.
COUNTY OF SNOHOMISH )
I certify that I know or have satisfactory evidence that KATHLEEN MARIE
WILCOTS is the person who appeared before me, and said person acknowledged that she
signed this instrument and acknowledged it to be her free and voluntary act for the uses and
purposes mentioned in the instrument.
DATED this __day of ____,2012.
(Legibly print name of nOlary)
NOTARY PUBLIC in and for the State of
Washington, residing at _
My commission expires _
UTILITY EASEMENT - 3
M-12-048!WilcoIS/SP 5.23.12
LENDER SUBORDINATION
THIS AGREEMENT is made this __ day of , 2012,
between ~~-----:-::-:~--:-------------------hereinafter "Lender" and CITY OF MARYSVILLE, hereinafter "City."
WITNESSETH:
WHEREAS, Lender now owns and holds a Deed of Trust and the Promissory Note
secured thereby, dated July 22, 2005, made by KATHLEEN MARIE WJLCOTS and
JORGE WEBBER, husband and wife, ("Borrower") to MORTGAGE ELECTRONIC
REGISTRAnON SYSTEMS, INC. (MERS), acting solely as nominee for CTX
MORTGAGE COMPANY, LLC, and said Lender's successors and assigns, in the principal
sum of $456,000.00, and recorded at Auditor's fi Ie no. 200507291530, records of the
Snohomish County, Washington, covering the premises legally described as follows:
Tract 317, Sunnyside Five Acre Tracts, according to the plat thereof
recorded in Volume 7 of Plats, page 19, records of Snohomish County,
State of Washington.
Situate in the County of Snohomish, State of Washington.
hereinafter "the Property"; and
WHEREAS, KATHLEEN MARIE WTLCOTS, the present owner of the Property
has executed and delivered to City the perpetual Utility Easement to which this
subordination is attached (hereinafter the "Utility Easement"); and
WHEREAS, Borrower and City desire Lender to consent to the Utility Easement
and subordinate its Promissory Note and Deed of Trust to said easement; NOW,
THEREFORE,
for good and valuable consideration, Lender hereby subordinates its interest in the
Property to City's interest created under the Utility Easement to which this subordination is
attached, consents to the granting of the Utility Easement, and hereby covenants and agrees
with City that the above-described Deed of Trust and Promissory Note held by Lender be
and shall continue to be subject and subordinate in lien to said Utility Easement. Lender
further subordinates the lien of any other mortgage currently held by Lender to said Utility
Easement.
UTILITY EASEMENT -4
M-12-048/WilcOlS/SP 5.23.12
This agreement shall bind Lender, its heirs, personal representatives, successors and
assigns. This agreement shall inure to the benefit of City and its successors and assigns.
lt is understood that this agreement does not constitute a satisfaction of the
indebtedness of the above-described Deed of Trust and Promissory Note or alter or amend
said instruments except as specifically provided herein.
IN WJTNESS WHEREOF Lender has duly executed this agreement the day and
year first above written.
LENDER:
By _
______________ (print name)
1Is _ (tit Ie)
STATEOF _ )
)ss.
COVNTYOF _ )
I certify that J know or have satisfactory evidence that is the
person who appeared before me, and said person acknowledged that __ signed this instillment. on oath
stated that __ was authorized to execute the instl1Jment and acknowledged it as the
of _ to be the free and voluntary act of
stich party for the uses and purposes mentioned in the instrument
DATED this __ day of , 20\2.
(Legibly print name of notary)
NOTAR Y PUBLlC in and for the State of
____, residing at _
My commission ex.pires __
UTlLITY EASEMENT - 5
M-12-048/Wilcots/SP 5.23.12
EXHIBIT B
After Recording Return to:
CITY OF MARYSVILLE
1049 STATE AVENUE
MARYSVILLE, WA 98270
TEMPORARY CONSTRUCTION EASEMENT
Grantor: WILCOTS, KATHLEEN MARJE
Grantee: ClTY OF MARYSVILLE
Legal Description: Tract3l7, Sunnyside Five Acre Tracts, Vol. 7, p. 19,
Snohomish Cty, WA Add'i on p. I
Tax Parcel No: PIn of 005907-000-317-00
KNOW ALL MEN BY THESE PRESENTS, that the Grantor, KATHLEEN
MARIE WILCOTS, a single person, for and in consideration of the mutual benefits to
the parties, docs hereby grant to the Grantee, the CITY OF MARYSVJLLE, a municipal
corporation of the State of Washington, and its employees, contractors, agents,
permittees and licensees, the right, permit, license and casement to usc and occupy the
hereinafter described lands, together with rights of ingress and egress, for the purpose of
utilities eonstluction, for any and all purposes incidental to the construction of said
utilities, across the following-described lands in the County of Snohomish, State of
Washington:
The Northerly 5 feet of the Southerly 25 feet of the following-described
parcel, parallel and adjacent to the northerly margin of Soper Hill Road:
Tract 317, Sunnyside Five Acre Tracts, according to the plat thereof
recorded in Volume 7 of Plats, page 19, records of Snohomish County,
State of Washington.
and together with the right to remove vegetation from the above-described lands as
required for construction of said utilities.
Temporary Construction Easement
M-12-048/Wilcots P & U 5.29.12
It is further understood and agreed that the Grantee shall defend, indemnify, and
save the Grantor(s) harmless from any and all claims and causes of action of every kind
and description which may accrue to, or be suffered by any person, persons or property
by reason of, arising out of, or resulting from the use and occupancy of said lands by the