HomeMy WebLinkAboutO-3034 - Condemnation related to 116th St NE Safe School RoutesCITY OF MARYSVILLE
Marysville, Washington
ORDINANCE NO. 3 (9 3f
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
MAKING PEDESTRIAN AND BICYCLE IMPROVEMENTS TO ESTABLISH SAFE
ROUTES TO SCHOOL FOR 116TH ST NE AND PAYMENT THERFORE FROM
TRANSPORTATION BENEFIT DISTRICT FUND 114.
WHEREAS, the City Council of the City of Marysville (hereinafter the "City") finds as
follows:
1. The City wishes to construct improvements to roadways that get more children
walking and bicycling to school safely, reduce congestion around schools, and improve air
quality.; and
2. Washington's Safe Routes to School program is administered and managed by the
Washington State Department of Transportation; and
3. The City has conducted engineering studies and determined that it will be necessary to
acquire a portion of the properties depicted in EXHIBIT "A" as described in EXHIBIT "B"
attached hereto and incorporated by this reference, as it is necessary to make pedestrian and
bicycle improvements to establish safe routes to school; and
4. The project is necessary to meet the city's goals of safe pedestrian and bicycle access
for children to attend school; and
5. Efforts are now on-going to acquire the properties necessary for this public use by
negotiation; and
6. 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
7. Public safety, convenience, use and necessity demand the acquisition of several
parcels of property, to wit: 4329, 4603, 4302, 4304, 4306, 4318 and 4332 l l 6th Street NE,
Marysville, Washington and 11620 -461h Avenue N.E., Unit B; and
8. The City anticipates the needs of the project in regard to the parcels located at 4302,
4304, 4306, 4318, and 4332 will be for temporary construction easements only; and
9. The entire cost of the acquisition provided by this ordinance shall be paid by the
following funds of the City:
M-15-0 I I /Condemnation/
Condemnation Ordinance -l l 6'h 9-26-16 final wga revs 9.8.16
TRANSPORTATION BENEFIT DISTRICT FUND 114
or such other general funds of the City as may be provided by law.
10. The City may be unable to agree with the property owners upon the compensation
to be paid for the properties described in EXHIBIT "B," or it may not be feasible to clear title
without condemnation proceedings.
11. The City has authority pursuant to RCW Chapter 8.12 to acquire, if necessary, title to
real property for public purposes. The proposed improvement of the City's sidewalk and road
system to provide safe walking and bicycling routes to schools is a public purpose and is
necessary to complete the subject project.
12. 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. 1l61h Safe Routes to School Project is a Public Use. The l 16th Safe
Routes to School Project is a public use. The improvement will be owned by the City of
Marysville and open for pedestrian and bicycle travel by school children and members of the
public.
Section 2. Determination of Necessity. Acquisition of the portion of the properties
depicted in Exhibit A as legally described in Exhibit B, both of which are attached and
incorporated by this reference (the "Properties"), is necessary to construct the l l 61h Safe Routes
to School Project. If the Properties are not acquired and the Safe Routes not constructed,
pedestrian safety for school children walking to school in this area will be severely
compromised.
Section 3. Condemnation. Under the authority ofRCW 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. The City is further
authorized to amend the legal descriptions contained in EXHIBIT B as may be necessary and
appropriate to meet requirements of the project.
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.
M-15-0 I I/Condemnation/
Condemnation Ordinance -116'h 9-26-16 final wga revs 9.8.16 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 Transportation Benefit District Fund 114 or such other general funds of the City
as may be provided by law.
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.
PASS ED by the City Council and APPROVED by the Mayor this a(,, day of
September, 2016.
CITY OF MARYSVILLE
ATTEST:
Approved as to form :
Date of Publication: __ \D--;(,__1--t{_l~(e __
Effective Date (5 days after publication): ---=--\0~/l--'tv"-+-'/ 1'-"v'--· __
M-15-0l l/Condemnation/
Condemnation Ordinance -l l 6'h 9-26-16 final wga revs 9.8.16 3
EXHIBIT "A"
EXHIBIT "B"
RIGHT-OF-WAY DEED
LEGAL DESCRIPTION
PARCEL NO. 30050900102500
The South 30.00 feet of the East 528.00 feet of the Southwest Quarter of the
Northeast Quarter of Section 9, Township 30 North, Range 5 East, W.M., lying
westerly of 451t1 Avenue N.E. as shown in the plat of Pine Meadows, according to
the plat recorded in Volume 42 of Plats, page 230, records of Snohomish County,
Washington;
TOGETHER with that portion of the above described property lying southeasterly
of a 10.00 foot radius curve concave to the northwest, being tangent to the
westerly right-of-way line of said 46th Avenue N.E. and the north line of the South
30.00 feet of said subdivision.
(Being a portion of Parcel A of Boundary Line Adjustment Number BLA 286-90,
recorded under Auditor's File Number 9102220100).
M-IS-011/Condemnalion/Exhibit B-116'" Legals cs rev 9.8.16
TEMPORARY CONSTRUCTION EASEMENT
LEGAL DESCRIPTION
PARCEL NO. 30050900102500
That portion of the North 5.00 feet of the South 35.00 feet of the East 528.00 feet
of the Southwest Quarter of the Northeast Quarter of Section 9, Township 30
North, Range 5 East, W.M., lying westerly of the westerly right-of-way line of 45lh
Avenue N.E. as shown in the plat of Pine Meadows, according to the plat
recorded in Volume 42 of Plats, page 230, records of Snohomish County,
Washington; ANO lying northwesterly of a 10.00 foot radius curve concave to the
northwest. being tangent to the westerly right-of-way line of said 46th Avenue
N.E. and the north line of the South 30.00 feet of said subdivision;
(Being a portion of Parcel A of Boundary Line Adjustment Number BLA 286-90,
recorded under Auditor's File Number 9102220100).
M-15-011/Condcmnation/Exhibit 8-116111 Legalscsrev9.8.16 2
RIGHT-OF•WAY DEED
LEGAL DESCRIPTION
PARCEL NO. 30050900103200
The South 10.00 feet of following described property:
Commencing at the theoretical position of the southwest comer of the Southwest
Quarter of the Northeast Quarter of Section 9, Township 30 North, Range 5 East,
W.M.; thence East, along the south line of said subdivision, to the Intersection
with the east line of the Marysville and Arlington railroad right-of-way; thence
northerly, along said right-of-way line, a distance of 15 feet to the north line of the
South 15.00 feet of said subdivision and the true point of beginning; thence East,
parallel with said south line, a distance of 156.00 feet; thence North 175.00 feet;
thence West to the east line of said railroad right-of-way line; thence southerly,
along said railroad right-of-way line, to the true point of beginning.
M-15-011/Condemnation/Exhibit B-116111 Legals cs rev 9.8.16 3
TEMPORARY CONSTRUCTION EASEMENT
LEGAL DESCRIPTION
PARCEL NO. 30060900103200
The North 5.00 feet of the South 15.00 feet offollowlng described property:
Commencing at the theoretical position of the southwest comer of the Southwest
Quarter of the Northeast Quarter of Section 9, Township 30 North, Range 5 East,
W.M.; thence East, along the south line of said subdivision, to the Intersection
with the east line of the Marysville and Arlington railroad right-of-way; thence
northerly, along said right-of-way line, a distance of 15 feet to the north line of the
South 15.00 feet of said subdivision and the true point of beginning; thence East,
parallel with said south line, a distance of 156.00 feet; thence North 175.00 feet;
thence West to the east line of said railroad right-of-way line; thence southerly,
along said railroad right-of-way line, to the true point of beginning.
M-15-011/Condemnation!Exhibit B-116111 Legals cs rev 9.8.16 4
RIGHT-Of.WAY DEED
LEGAL DESCRIPTION
PARCEL NO. 30050900102400
The South 30.00 feet of following described property:
Commencing at the southeast comer of the Southwest Quarter of the Northeast
Quarter of Section 9, Township 30 North, Range 5 East, W.M.; thence North 89
degrees 24 minutes 08 seconds West, along the south line of said subdivision, a
distance of 203.98 feet to the true point of beginning: thence continue North 89
degrees 24 minutes 08 seconds West, along said south line, a distance of 102.32
feet; thence North 0 degrees 32 minutes 33 seconds West a distance of 180.04
feet to the north line of the South 180.00 feet of said subdivision, thence South
89 degrees 24 minutes 08 seconds East, along the north line of said South
180.00 feet, a distance of 101.60 feet to a line that bears North 1 degree 41
minutes 43 seconds West from the true point of beginning; thence South 1
degree 41 minutes 43 seconds East a distance of 180.14 feet to the true point of
beginning;
TOGETHER with that portion of the above described property lying southwesterly
of a 5.00 foot radius curve concave to the northeast, being tangent to the west
line of said property and the north line of the South 30.00 feet of said subdivision:
M-IS·Ol I/Condemnation/Exhibit B-116111 Legals cs rev 9.8.16 5
TEMPORARY CONSTRUCTION EASEMENT
LEGAL DESCRIPTION
PARCEL NO. 30060900102400
That portion of the North 5.00 feet of the South 35.00 feet of the following
described property AND lying northeasterly of a 5.00 foot radius curve concave
to the northeast, being tangent to the west line of said property and the north line
of the South 30.00 feet of said subdivision:
Commencing at the southeast comer of the Southwest Quarter of the Northeast
Quarter of Section 9, Township 30 North, Range 5 East, W.M.; thence North 89
degrees 24 minutes 08 seconds West, along the south line of said subdivision, a
distance of 203.98 feet to the true point of beginning; thence continue North 89
degrees 24 minutes 08 seconds West, along said south line, a distance of 102.32
feet; thence North O degrees 32 minutes 33 seconds West a distance of 180.04
feet to the north line of the South 180.00 feet of said subdivision, thence South
89 degrees 24 minutes 08 seconds East, along the north line of said South
180.00 feet. a distance of 101.60 feet to a line that bears North 1 degree 41
minutes 43 seconds West from the true point of beginning; thence South 1
degree 41 !lllnutes 43 seconds East a distance of 180.14 feet to the true point of
beginning.
M-15-011/Condcmnation/Exhibit B-I l611o Legals cs rev 9.8.16 6
TEMPORARY CONSTRUCTION EASEMENT
LEGAL DESCRIPTION
PARCEL NO. 30050900409600
The North 5.00 feet of the following described property:
Lot 1 of Snohomish County ShortPlat Number ZA9011576SP, recorded under
Auditor's File Number 9307230162 and corrected by Auditor's File Numbers
9406240695 and 9503220363, records of Snohomish County, Washington;
Together with the Private Road lying easterly of and adjacent to said Lot 1,
shown as being a common access for Lots 1 through 3 on said Short Plat.
Being a portion of the Northwest Quarter of the Northwest Quarter of the
Southeast Quarter of Section 9, Township 30 North, Range 5 East, W.M.
M-15-0 I I /Condemnation/Exhibit B -I I 61ll Legals cs rev 9 .8.16 7
TEMPORARY CONSTRUCTION EASEMENT
LEGAL DESCRIPTION
PARCEL NOS. 30050900409800 AND 30050900409700
The North 5.00 feet of the following described property:
The Private Road of Snohomish County Short Plat Number ZA9011576SP,
recorded under Auditor's File Number 9307230162 and corrected by
Auditor's file Numbers 9406240695 and 9503220363, records of Snohomish
County, Washington, shown as being a common access for Lots 1 through
3 on said Short Plat.
Being a portion of the Northwest quarter of the Northwest quarter of the
Southeast quarter of Section 9, Township 30 North, Range 5 East, W.M.
M-15-011/Condemnation/Exhibit B-116111 Legals cs rev 9.8.16 8
TEMPORARY CONSTRUCTION EASEMENT
LEGAL DESCRIPTION
PARCEL NO. 30050900401700
The North 5.00 feet of the following described property:
Lot 1 of Short Plat Number 158 (5-84), recorded under Auditor's File Number
8406200214, records of Snohomish County, Washington.
Being a portion of the Northwest Quarter of the Northwest Quarter of the
Southeast Quarter of Section 9, Township 30 North, Range 5 East, W.M.
M-IS-Ol l/Condemna1ion/Exhibit B-116111 Legals cs rev 9.8.16 9
TEMPORARY CONSTRUCTION EASEMENT
LEGAL DESCRIPTION
PARCEL NO. 30050900406100
The North 5.00 feet of the following described property:
Lot 1 of Short Plat Number 405 (8-78), recorded under Auditor's File Number
7902230316, records of Snohomish County, Washington.
Being a portion of the Northwest Quarter of the Northwest Quarter of the
Southeast Quarter of Section 9, Township 30 North, Range 5 East, W.M.
''Io< /2.Q1"
M-15-011/Condcmnation/Exhibit B-IJ6tb Legals cs rev 9.8.16 10