HomeMy WebLinkAboutO-3033 - Condemnation related to widening of 1st StreetCITY OF MARYSVILLE
Marysville, Washington
ORDINANCE NO. 3 0 3 3
AN ORDINANCE OF THE CITY OF MARYSVILLE, WASHINGTON DECLARING
PUBLIC USE AND NECESSITY FOR LAND AND PROPERTY TO BE
CONDEMNED FOR THE PURPOSE OF WIDENING 1sr STREET AND CREATING
THE 1sr STREET BYPASS; AND AUTHORIZING THE CONDEMNATION,
APPROPRIATION, TAKING, DAMAGING AND ACQUISITION OF LAND AND
OTHER PROPERTY AND PAYMENT THERFORE FROM THE GENERAL FUND.
WHEREAS, the City Council of the City of Marysville (hereinafter the "City") finds as
follows:
1. An interchange will be constructed for Interstate 5 at SR 529, altering the traffic flow
patterns in the city; and
2. The City has conducted engineering and traffic studies and determined that significant
traffic will utilize State A venue from this interchange; and
3. A significant portion of this traffic will be drivers whose destination is east of State
Avenue; and
4. The studies show that diverting this eastbound traffic before it reaches the intersection
with SR 528 (4th Street) will improve traffic flow and safety; and
5. The project is necessary to meet the city's adopted transportation system concurrency
levels of service, provide connectivity and emergency vehicle access (the access to 1-5 via the SR
529 interchange will not require a crossing of the railroad tracks); and
6. Based on the engineering studies the most desirable route for the eastbound traffic
would be along 1st Street with 1st Street being widened, extended, and realigned in some places;
and
7. It will be necessary to acquire the properties, as depicted in Exhibit "A" and described
in EXHIBIT "B," attached hereto and incorporated herein by this reference, as it is necessary for
the construction of a 1st Street bypass; and
8. Efforts are now on-going to acquire the properties necessary for this public use by
negotiation; and
9. In the event that negotiated acquisition is not fully successful in advance of the
anticipated commencement and construction, it is essential that the City be prepared to initiate
condemnation proceedings so that the project can be timely constructed; and
10. Public safety, convenience, use and necessity demand the acquisition of several
parcels of property, to wit: 100 State Avenue; 1508, 1510, 1518, 1526, 1604, 1612, 1624, and
1702 1st Street, Marysville, Washington; and
11. The entire cost of the acquisition provided 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.
12. The City may be unable to agree with the property owners upon the compensation
to be paid for the properties identified in EXHIBIT "B," or it may not be feasible to clear title
without condemnation proceedings.
13. The City has authority pursuant to RCW Chapter 8.12 to acquire, if necessary,
title to real property for public purposes. Improvement of the City's road system is a public
purpose.
14. The proposed improvement is to provide additional vehicular capacity on 1st
Street for the 1st Street bypass.
15. Notice of the planned final action authorizing the condemnation of the property
described in Exhibits A and B has been given to the owner(s) of said property and published in
the Everett Herald and Marysville Globe in accordance with the provisions of RCW 8.25 .290.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MARYSVILLE,
WASHINGTON DO ORDAIN AS FOLLOWS:
Section 1. 1st Street Bypass is a Public Use. The 1st Street Bypass project is a public
use. The improvement will be owned by the City of Marysville and open for vehicle, pedestrian,
and bicycle travel by members of the public.
Section 2. Determination of Necessity. Acquisition of the properties depicted in
Exhibit A and legally described in Exhibit B, both of which are attached and incorporated by this
reference (the "Properties"), is necessary to construct the 1st Street Bypass project. If the
Properties are not acquired and the Bypass is not constructed, traffic movement and safety along
the State Avenue (SR 529) and SR 528 corridors will be severely negatively impacted.
Section 3. Condemnation. Under the authority of RCW 8.12.040, the Properties shall
be condemned and acquired by the City of Marysville, after just compensation having been first
made or paid into court for the owner(s) in the manner prescribed by law.
Section 4. Authorization. The City Attorney and/or his designees are hereby
authorized to commence and prosecute condemnation proceedings for the Properties in the
manner provided by law, to determine and make or pay just compensation, and to take such other
steps as they deem necessary to complete the acquisition of the Properties including to enter into
settlements to mitigate damages.
2
Section 5. Compensation. Compensation shall be paid to the owners of the property
identified in Exhibits A and B, and the cost of acquisition and the costs of litigation shall be paid
from the City's General Fund.
Section 6. Severability. If any section, subsection, sentence, clause, phrase or word
of this ordinance should be held to be invalid or unconstitutional by a court of competent
jurisdiction, such invalidity or unconstitutionality thereof shall not affect the validity or
constitutionality of any other section, subsection, sentence, clause, phrase or word of this
ordinance.
Section 7. Effective Date. This ordinance shall become effective five days after the
date of its publication by summary.
PASSED by the City Council and APPROVED by the Mayor this C)(p day of
September, 2016.
CITY OF MARYSVILLE
ATTEST:
Approved as to form:
Date of Publication: __ /_~,_,_~ ...... J,~"--
Effective Date (5 days after publication): ~/,,_,,.0'--Fk__..'J'---1/;~&'----
3
EXHIBIT "A"
--1STST 0 w c u , ..J >--
100 1508 151 0 1518 1526 1604 1612 1614 1620 ~624 1632
<(
96
I--
I ~ i
~
I
EXHIBIT "B"
100 State Avenue : Section 33 Township 30 Range 05 Quarter NW -D A QUINNS
lST ADD TO MARYSVILLE ( AKA CORRECTION PLAT OF ) BLK 008 D-01 -LOTS 6 &
7 EXC RD R/W TO CITY OF MAR PER SWD REC UNO AFN 200303271715
1508 ist Street: DA QUINNS lST ADD TO MARYSVILLE ( AKA CORRECTION PLAT
OF ) BLK 008 D-00 -LOT 5
1510 ist Street: DA QUINNS lST ADD TO MARYSVILLE ( AKA CORRECTION PLAT
OF ) BLK 008 D-00 -LOT 4
1518 ist Street: DA QUINNS lST ADD TO MARYSVILLE ( AKA CORRECTION PLAT
OF ) BLK 008 D-02 -LOT 2 LESS E !OFT
1526 ist Street: DA QUINNS lST ADD TO MARYSVILLE ( AKA CORRECTION PLAT
OF ) BLK 008 D-00 LOT 1 TGW E !OFT LOT 2
1604 1st Street: DA QUIN NS lST ADD TO MARYSVILLE ( AKA CORRECTION PLAT
OF ) BLK 007 D-00 -LOTS 6 & 7
1612 1st Street: D A QUIN NS lST ADD TO MARYSVILLE ( AKA CORRECTION PLAT
OF ) BLK 007 D-00 -LOT 5
1624 1st Street: DA QUIN NS lST ADD TO MARYSVILLE ( AKA CORRECTION PLAT
OF ) BLK 007 D-00 -W 40 FT LOT 2
96 Alder Ave AKA 1702 ist Street: SEC 33 TWP 30 RGE 05RT-4-1) BAAP 540 FT S
OF 1/4 CORON N LNSEC TH W 58.2 FT M/L TO E BOY ALDER ST TH S 120 FT TH E
79.4 FT TH N 120 FT TH W 21.2FT TO TPB LESS N 15FT FOR RD