HomeMy WebLinkAboutO-3005 - Condemnation and acquisition of property (Special)CITY OF MARYSVILLE
Marysville , Washington
ORDINANCE No .J oo )
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 47TH AVENUE
WHEREAS, the City Council of the City of Marysville (hereinafter the "City") find s as
follows:
1. Public safety, convenience, use and necessity demand the acquirement of property
for the widening of 4 i 11 A venue.
2. The City has conducted engineering studies in connection with the 1st Street
bypass and has dete1mined 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 the prefened
route to facilitate the City's need to connect the 1st Street b ypass with SR 528.
3. The entire cost of the acquisition provided by this ordinance shall be paid by the
following funds of the C ity :
GENERAL FUND
or such other general funds of the City as may be provided by law.
4. The City may be unable to agree with the propeity owner upon the compensation
to be paid for the EXHIBIT "A" prope1ty.
5. The City has authority pursuant to RCW Chapt er 8.12 to acquire, if necessary,
ti tl e to real property for public purposes. Improvement of t11e City's road system is a public
purpose.
6 . The proposed improvement is to provide additional vehicular capacity on 4 ih
A venue which is necessitated by the 1st Street bypass.
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
property described in EXHIBIT "A" hereto, together with all rights appwienant thereto,
including access where app li cabl e.
2. The use of the property described in EXHIBIT "A" will be for the widening of
4ih Avenue, which is a permanent public use and is reasonably necessary for the purposes for
w hi ch 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 improving and widening a part of the city's road 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 cou1i 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:
GENERAL FUND
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 cl
October-, 2015.
No -.1en166tL
CITY OF MARYSVILLE
ATTEST:
Approved as to form:
LKER, City Attorney
D ate of Publication: \ \ / 7 j I\~
Effect ive Date (5 days after publication): __ \ ...... \-+-\._l:.6__.__.._j ~' \.._-_
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