HomeMy WebLinkAboutO-2991 - Condemnation and acquisition of property (Special)CITY OF MARYSVILLE
Marysville, Washington
ORDINANCE NO. 2Jf/
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 ACQUIRING PROPERTY FOR THE CONSTRUCTION OF A
DRINKING WATER RESERVOIR
WHEREAS, the City Council of the City of Marysville (hereinafter the "City") finds as
follows:
1. Public safety, convenience, use and necessity demand the acquirement of property
at a specific elevation to support the City's 510 Water Pressure Zone in the Whiskey Ridge area
through the construction of a reservoir.
2. The City has conducted a topographic survey and has determined that it will be
necessary to acquire the property, as described in EXHIBIT "A," attached hereto and
incorporated herein by this reference, as it is of the necessary elevation and location to facilitate
the City's needs.
3. The entire cost of the acquisition provided by this ordinance shall be paid by the
following funds of the City:
Fund No. 402
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" property.
5. The City has authority pursuant to chapter 8.12 RCW to acquire, if necessary, title
to real property for public purposes. Improvements to the City's water system and storage
capacity is a public purpose.
6. The proposed improvement is for the construction of a water reservoir to provide
additional capacity and water quality to the Whiskey Ridge area as it continues to develop.
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 and damage the real
prope1iy described in EXHIBIT A hereto, together with all rights appurtenant thereto, including
access where applicable.
2. The use of the property described in EXHIBIT "A" will be for the construction
of a water reservoir to support the City's 510 Water Pressure Zone and utilities in the Whiskey
Ridge area, 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 damaged for the purpose of construction of a water reservoir and utilities in support of
the City's water system.
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. 402
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.
PASSED by the City Council and APPROVED by the Mayor this ~ day of April,
2015.
CITY OF MARYSVILLE
ATTEST:
2
Approved as to form :
Date of Publication: i bi h5
Effective Date (5 days af~ ;lblication): __ tf.,_,~~~J.'4---<-5_-__ I I
3
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Exhibit A
Plat Map
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Legal Description: The subject property is leagally described as Lot 248 of
Sunnyside Five Acre Tracts as recorded in volume 7 of Plats, page 19, being a
portion of the Southwest Quarter of the Northwest Quarter of Section 1, Township
29 N., Range 5 E., W.M., records of Snohomish County, Washington.
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