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Home My WebLink AboutO-2965 - Condemnation and acquisition of property; repeals Ord. 2703 (Special)CITY OF MARYSVILLE Marysville, Washington ORDINANCE NO.~Cf<oS' 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 WIDENING STATE AVENUE FROM THREE LANES TO FIVE LANES AND CONSTRUCTING CURBS, GUTTERS AND SIDEWALKS, FROM APPROXIMATELY 116th STREET NE TO APPROXIMATELY 1361h STREET NE, AND REPEALING ORDINANCE NUMBER 2703 WHEREAS, the City Council of the City of Marysville (hereinafter the "City") finds as follows: 1. · Public safety, convenience, use and necessity demand the widening of State A venue from three lanes to five lanes from approximately I 16th Street NE to approximately 136th Street NE, together with construction of curbs, gutters and sidewalks, to meet the requirements of increased traffic. 2. The City has conducted engineering studies and has determined that it will be necessary to acquire an easement from Burlington Northern Santa Fe Railroad for the street widening as more specifically described in EXHIBIT "A," attached hereto and depicted on EXHIBIT "B" 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: Fund No. 305 (GMA-Street) or such other general funds of the City as may be provided by law. 4. The City may be unable to agree with the property owner upon the compensation to be paid for the EXHIBIT "A" easement. 5. The City has authority pursuant to RCW Chapter 8.12 to acquire, if necessary, title to real property for public purposes. Improvement of State Avenue between l l 61h Street NE and 1361h Street NE is a public purpose. 6. The proposed improvement is for the widening of an existing at-grade crossing of State A venue. The railroad line being crossed is a spur with limited usage, typically about one train per day. The easement will not impair the ability of Burlington Northern Santa Fe Railroad to conduct any part of its operations, nor will the acquisition prevent or unreasonably interfere with railroad transportation or pose undue safety hazards. M-14-026/0rdinance State 116-136RR6.26.14 (2) 7. Notice of the planned final action authorizing the condemnation of the property described in Exhibit A has been given to the owner of said property and published in the Everett Herald and Marysville Globe in accordance with the provisions of RCW 8.25.290. 8. The City previously passed Ordinance No. 2703 on June 11, 2007, which pertained to acquisition of an easement from BNSF Railway Company required for improvements to State A venue between 116111 Street NE and l 36th Street NE, which ordinance is superseded by this ordinance. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MARYSVILLE, WASHINGTON DO ORDAIN AS FOLLOWS: I. The City is hereby authorized to condemn, appropriate, take and damage the real property described in EXHIBIT A hereto, together with all rights appurtenant thereto, including access where applicable. The City is further authorized to amend the legal description contained in EXHIBIT A as may be necessary and appropriate to meet requirements of the project. 2. The use of the property described in EXHIBIT "A" is for widening State Avenue from three to five lanes and constrncting curbs, gutters and sidewalks, from approximately l 161h Street NE to approximately 136th Street NE, 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," as the legal may be amended, together with all rights appurtenant thereto, including access where applicable, are hereby authorized to be condemned, appropriated, taken and dan1aged for the purpose of widening of State A venue from three to five lanes and constructing curbs, gutters and sidewalks, from approximately 116111 Street NE to approximately 1361h Street NE. The easement rights authorized to be condemned include the perpetual right, privilege and authority to construct, install and maintain a roadway, curbs, gutters and sidewalks and appurtenances thereto for use of the public, over, under, through, across, in, upon and above the lands described in EXHIBIT "A," together with any and all other rights reasonable and necessary for the purpose of installing, constructing and maintaining a roadway, curbs, gutters, sidewalks and associated appurtenances, and together with the right of ingress and egress for said purposes. 4. 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. 5. 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) M-14-026/0rdinance State 116-136 RR 6.26.14 (2) 2 or such other general funds of the City as may be provided by law. 6. 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. 7. Ordinance No. 2703 is hereby repealed. PASSED by the City Council and APPROVED by the Mayor this~ day of July, 2014. CITY OF MARYSVILLE ATTEST: Approved as to form: Date of Publication: ~ /;'/ ,/_, / Effective Date (5 days al e;;ublication): -~o/'--#--17~/.....,.//Y.....,0,__ __ M-14-026/0rdinance State 116-136 RR 6.26.14 (2) 3 EXHIBIT A EASEMENT LEGAL DESCRIPTION "EXHIBIT A-1" 1812 Cornwall Avenue Bellingham. WA 98225 Phone 360-671-7387 " Fax 360-671-4685 www.psesurvey.tom EASEMENT FROM BURLINGTON NORTHERN SANTA FE RAILROAD SITUATED WITHIN THE NW Y.c OF SECTION 9 TOWNSHIP 30 NORTH, RANGE 5 EAST OF THE WILLAMETTE MERIDIAN, SNOHOMISH COUNTY, WASHINGTON 5!7/2007 SURVEYORS NOTE: The center line of State Avenue is based on the Right of Way plans titled State Avenue, 116111 St NE to 136111 St NE, dated December 26, 2006. Commencing at the centerline of State Avenue marked by a brass cap monument at the Right of Way Plan station 237+44.46; thence North 12°31 '41" West along said centerline 1550.87 feet to station 252+95.33; thence at right angles North 77°28'19" East 30.00 feet to the easterly margin of said State Avenue and Point of Beginning; thence North 12°31 '41 " West parallel with said centerline along said easterly margin 542.35 feet to station 258+37.68 being a point of intersection with the westerly margin of the said Burlington Northern Santa Fe Railroad, also being the beginning of a curve concave to the east, from which radius point bears South 89°14'54" East 5779.58 feet; thence along said curve and said westerly margin northerly 55.48 feet through a central angle of 0°33'00" to the end of curve at station 258+91 .62, 43.00 feet right of said centerline; thence South 12°31'41" East parallel with said centerline 199.33 feet to station 256+92.29, 43.00' right from said centerline; thence North 89°12'23" East 22.55' to station 256+87. 70, 65.08 feet right from said centerline; thence South 01°08'26" East 99.18 feet to station 255+90.47, 45.50 feet right from said centerline; thence parallel with said centerline South 12°31 '41" East 119.05 feet to station 254+71.42, 45.50 feet right from said centerline; thence perpendicular to said centerline South 77°28'19" West 2.50 feet to station 254+ 71.42, 43.00 feet right from said centerline; thence parallel with said centerline South 12°31 '41 " East 88.00 feet to the intersection with the easterly margin of said Railroad and beginning of a curve concave to the east e1t station 253+83.42, 43.00 feet right from said centerline from which radius point bears North 86°19'02• East 5679.58 feet; thence along said curve and said easterly margin southerly 89.02 feet through a central angle of 0°53'53" to the end of curve and intersection with said easterly margin of said State Avenue and Point of Beginning. Containing 8,365 Square Feet more or less. ~ u (!) ~ ~ I.-. r/J. --~ ~z -i;.:J ::t: ~ x. i;.:J \....t.t r/J. < ~ EX HI 8 I T A-2: FOR PROPOSED EASEMENT :HR ~.~ ~ . "" I:::~ .. " t ,,_~'t--1 j ~ l I I l1j :; -----.!._!_L ~ 252+95.33 P.O..S. THE RIGHT Of WAY MV STATJONNQ OF STATE AVE IS l(Ef"EREHC.EO TO THE RIGHT OF WAY Pl.AH CAU.ED 0STATE ,t.VE>UE, "H6TH ST NE TO 136TH ST NE", MARYSVl...l.E, WAS!iHQTON, DATED DECE:Jo\B"ER 26, 2()()0_ ON R.E WITH THE PVSlJC WORKS DEPT., CITY OF MARYSVLLE, WA • ------------------.-. EXISTING Rtw---------__ EXISTING CJL ~ .ST A TE AVE ~>.CIAC HWY) ------N12·31'41"W -------=~68 -. --------iS~ 30'RT o~ -~~~ffi~~m~~~~~~~~~m~~~~~~~~~~~~~~~~~~2~~~1 -, ::i: 182628-1 R:5779.58 "" "" --182630-1 ... ...; B!.JRLIAir. -/?If? R/l.v ~ ~·'-ITON -0 i.: 1025543 ~----No~THEfi:N 2 "' 255'90.47 3--54NT 4 FE I? ~ ,... -45..50' RT ----'f1?. "' ...; 256487.70 --Ill ~ 65.08' RT 256-92-2 UJ ...: -43• RT 2, ~ NW 1/4 SECTION 9, TWP. 30, RANGE 5 EAST, W.M -a: 0 ... 2~ lU O> 1 ~ _j ill ).. ~1 ~~ .,, ~ cc ....., :l ::.:; U) "' "' o~ ----... ~----G~FHIC .SCALE.. (uo ""urvc~ -fcc::t:) C> 1 C>C> --... ~ u. ~ "'§ 0"' ct ~ 0-~· PREPARED BY RC S/l /07 RREASEEXHIBIT.Ot;G Z()(}4()94. OZ ~ • _, l I I 100 ~C> 2C>C> 1 inc::h -1 C>C> .f=ect ~ --J..f)