HomeMy WebLinkAboutO-3104 - Vacation of a Portion of 25th Ave NE and Detention PondCITY OF MARYSVILLE
Marysville, Washington.
ORDINANCE NO. 3 1 0 j
AN ORDINANCE OF THE CITY OF MARYSVILLE CORRECTING THE LEGAL
DESCRIPTION AND MAP OF THE VACATION OF A PORTION OF 25th
AVENUE NE AND AN EXISTING STORMWATER DETENTION POND
LOCATED NORTH OF 172"d STREET NE (SR 531) IN THE CITY OF
MARYSVILLE, WASHINGTON.
WHEREAS, a public hearing was held before Marysville City Council on February 9,
2015 to consider vacation of a portion of 25th Avenue NE, and a stormwater detention pond,
located north of 172nd Street NE (SR 531) in the City of Marysville, and to consider waiving
compensation for said vacation; and
WHEREAS, the Marysville City Council approved the vacation of the said portion of
25th Avenue NE and the stormwater detention pond located north of 172nd Street NE (SR 531)
via Ordinance 2990 as shown in Exhibit A; and
WHEREAS, Ordinance 2990 contained an inaccurate legal description and
corresponding map of the vacation, in that it contained a portion of land that is owned by the
State of Washington; and
WHEREAS, other than the portion of land owned by the State of Washington,
Ordinance 2990 correctly vacated the remainder of land described in the Ordinance; and
WHEREAS, the Marysville City Council recommends correcting the legal description
and map of the vacation that was approved by Ordinance 2990 in order to correctly exclude
that portion of land that is owned by the State of Washington, by replacing the legal
description and map of Ordinance 2990 with the correct legal description and map as shown
in Exhibit B;
NOW, THEREFORE, the City Council of the City of Marysville, Washington do ordain
as follows:
Section 1. Ordinance 2990 is hereby amended, and the legal description and map of
Ordinance 2990 as shown in Exhibit A is replaced by the legal description and map shown in
Exhibit B.
Section 2. The perpetual easement in favor of the City of Marysville for utilities that
was that was reserved by Ordinance 2990 is hereby revised to match the legal description
and map as shown in Exhibit B.
Section 3. Other than as amended by this Ordinance, Ordinance 2990 shall remain
in full force and effect.
Section 4. This ordinance and the corrected legal description of the vacation of that
portion of 25th Avenue NE and the stormwater detention pond as legally described and
depicted in Exhibit B attached hereto, shall become effective five (5) days after publication
of this ordinance and recording by the City of a certified copy of the same in the records of
the Snohomish County Auditor.
Section 5. Severability. If any section, subsection, sentence, clause, phrase or work
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.
PASSED by the City Council and APPROVED by the Mayor this kt-day of
-~O_C41>~· ~loerc___ __ , 201s.
CITY OF MARYSVILLE
By:~ JONEHRING/MA OR
Attest:
By:~~
DE lJTYciTy CLERK
Appro~ved a:::_
By: -------KER, CITY ATTORNEY
Date of Publication: 10 {7.--1 l '101 '3
Effective Date: l \ I 0 ( / 'J.-oi 'O
( 5 days after publication)
Return Address
City of Marysville
1049 State Avenue
Marysville, WA 98270
Please print or type information
EXHIBIT A
CONFORMED COPY
201111020442 6 PGS ~~b~5~1~~7c5o~fv~ ~~~H~~GTON
Document Title(s) (or transactions contained therein):
.z..q
ORDINANCE NO. 2990-VACATING A PORTION OF 25TH AVENUE NE AND AN EXISTING
STORMWATER DETENTION POND LOCATED NORTH OF 172ND STREET NE (SR531) IN THE
CITY OF MARYSVILLE, WA
Grantor(s) (Last name first, then first name and initials)
MARYSVILLE, CITY OF
Grantee(s) (Last name first, then first name and initials)
SMOKEY POINT COMMERCIAL, LLC
Legal description (abbreviated: i.e., lot, block, plat or section, township, range, qtr./qtr.)
PORTION OF THE SOUTHEAST QUARTER, SOUTHWEST QUARTER OF SECTION 20,
TOWNSHIP 31 NORTH, RAGE 5 EAST W.M., SNOHOMISH COUNTY, WASHINGTON
Reference Number(s) of Documents assigned or released:
ORDINANCE NO. 2990
Assessor's Property Tax Parcel/Account Number
N/A-EXISTING RIGHT-OF-WAY
EXHIBIT A
CITY OF MARYSVILLE
Marysville, Washington
ORDINANCE NO. ~,0
AN ORDINANCE OF THE CITY OF MARYSVILLE VACATING A PORTION
OF 25th AVENUE NE AND AN EXISTING STORMWATER DETENTION
POND LOCATED NORTH OF 172"d STREET NE (SR 531) IN THE CITY OF
MARYSVILLE, WASHINGTON.
WHEREAS, a pubHc hearing was held before Marysville City Council on February 9,
2015 to consider vacation of a portion of 25th Avenue NE, and a stormwater detention pond,
located north of 172nd Street NE (SR 531) in the City of Marysville, and to consider waiving
compensation for said vacation; and
WHEREAS, the Marysville City Council recommends waiving all compensation of the
vacated right-of-way, based on the following factors:
(a) At the public hearing for the Lakewood Station Binding Site Plan,
Washington State Department of Transportation (WSDOT) testified that a signal or a
roundabout (RAB) would not be allowed to be installed at the Intersection of 172n°
Street NE (SR 531) and 25th Avenue NE, due to its close proximity to the signalized
intersection of 27th Avenue NE to the east. WSDOT however, does support
construction of a RAB further west at approximately the 2300 Block.
(b) The relocation of 25th Avenue NE, west to a RAB located at 23'd Avenue NE,
will provide a public benefit by allowing existing residents, future residents and
patrons of the proposed commercial development improved access to 172°d Street
NE (SR 531). Currently, 25th Avenue NE is a non-signalized intersection which
makes it difficult to make left turns during the AM and PM peak hours.
(c) Vacating 2st11 Avenue NE and the stormwater detention pond provides an
opportunity for commercial development that would otherwise be difficult due to
access restrictions required by WSDOT
( d) The applicant is proposing to construct and dedicate a new roadway
alignment, to a public standard; including sidewalks, planter strips and decorative
lighting, at no cost to the public. The cost for constructing the road, not including
the RAB at l 72"d Street NE (SR 531), decorative lighting and landscaplng is
approximately !?776,692.00.
(e) The dedication of new public right-of-way is approximately 86, 733 SF, not
including dedication of right-of-way for the construction of the RAB and frontage
Improvements on 172"d Street NE (SR 531). The applicant has requested 87,342 SF
of existing right-of-way be vacated.
WHEREAS, the Marysville City Council considered the evidence presented at the
public hearing and entered the following findings of fact:
(a) The vacation will provide a public benefit and purpose as the applicant shall
be required to construct and dedicate, to the City of Marysville1 a new public
roadway realigning 25th Avenue NE to the west to a mini roundabout (RAB) and
construct a RAB at 172"d Street NE (SR 531), to a public standard; including
sidewalks, planter strips and decorative lighting, as approved by the City Engineer
and Washington State Department of Transportation;
EXHIBIT A
(b) The right-of-way vacation shall not adversely affect the street pattern or
circulation of the immediate area or the community as a whole;
(c) The public need shall not be adversely affected;
(d) The right-of-way is not contemplated or needed for future public use;
(e) No abutting owner will become landlocked nor will his access be
substantially impaired;
NOW, THEREFORE, the City Council of the City of Marysville, Washington do ordain
as follows:
Section 1. That portion of 25th Avenue NE and the stormwater detention pond as
legally described and depicted in Exhibit A attached hereto, is hereby vacated, subject to
the following conditions:
(a) Vacation of 25th Avenue NE and the stormwater detention pond shall not be
effective until the applicant has constructed a permanent or temporary publlc access
from 25th Avenue NE to 172nd Street NE (SR 531), as approved by the City Engineer;
(b) 25th Avenue NE shall be vacated subject to reservation of a perpetual
easement in favor of the City of Marysville for utilities, across, under and through
that portion of the property; and
(c) The applicant shall be required to construct and dedicate, to the City of
Marysville, a new public roadway realigning 25th Avenue NE to the west to a mini
RAB and construct a RAB at 172nd Street NE (SR 531), to a public standard; Including
sidewalks, planter strips and decorative lighting, as approved by the City Engineer
and Washington State Department of Transportation.
Section 2. This ordinance and the vacation of that portion of 25:11 Avenue NE and
the stormwater detention pond as legally described and depicted in Exhibit A attached
hereto, shall become effective five (5) days after publication of this ordinance and recording
by the City of a certified copy of the same in the records of the Snohomish County Auditor.
This ordinance shall not be recorded until and unless condition (a) in Section 1 of this
Ordinance has been fully satisfied and the right-of-way for the new public roadway
realigning 25th Avenue NE has been dedicated to the City of Marysville.
Section 3. Severability. If any section, subsection, sentence, clause, phrase or
work of this ordinance should be held to be invalid or unconstitutional by a court of
competent juri:>diction, such inv;:;ilidity or unconstitutionality thereof shall not affect the
validity or constitutionality of any other section, subsection, sentence, clause, phrase or
word of this ordinance.
PASSED by the City Council and APPROVED by the Mayor this );:,1-c,_ day of
.,_f:'_··l(_,,~f?,._i ~C-•i~&7~· ·Y'_ef,,__ __ 1 2Q 15,
CITY OF MARYSVf LLE
/ ,t?/
By:
Attest:
EXHIBIT A
By:
Approved as to form:
\. 1\ ,..·· I --By: ,.+:;..., t:._.---·t
·:JGN WALKER, CITY ATIORNEY
Date of Publication:
Effective Date: i / . DJ _,_D.~---
{ 5 days after publication)
EXHIBIT A
300' 150' 0
SCALE.: 1" = 300'
W 1/2, 5E: 11+. SW 11+
5E:C 2.0, TWP 31 N,
RCiE. 5 E.. W .M.
25TH AVE. NE.
E. 112, Sf. 1/4, 5W 11+
5f.C 20, TWP 31 N,
1<(4f. 5 E., W .M.
VACATION E.XHIBIT
A PORTION Of THE. SE: 1/4, SW 114 OF 5E.C. 20, TWP. 31 N, RCiE.. 5 E:, W.M.
5NOHOM15H COUNTY, WASH!N(iTON
A.5.P.I. (ALPHA 5UBOM5lON PRO'S, INC.)
4532-B f:VE.R.(iRe.E.N WAY E.VE.Rf.TT, WA 9B203 (425) 252-1664
PRE.P ARE.0:
01/14/2015
211059.DWC\
2srn AVENUE NE VACATION
LEGAL DESCRIPTION
EXHIBIT A
THE EAST 30.00 FEET OF THE WEST HALF OF THE SOUTHEAST QUARTER OF THE SOUTHWEST
QUARTER OF SECTION 20, TOWNSHIP 31 NORTH, RANGE 5 EAST, W.M.;
EXCEPT THE SOUTH 43.50 FEET THEREOF.
TOGETHER WITH THE WEST 30.00 FEET OF THE EAST HALF OF THE SOUTHEAST QUARTER OF
THE SOUTHWEST QUARTER OF SECTION 20, TOWNSHIP 31 NORTH, RANGE 5 EAST, W.M.;
EXCEPT THE SOUTH 43.50 FEET THEREOF.
TOGETHER WITH THE FOLLOWING DESCRIBED TRACT OF LAND:
COMMENCING ATTHE SOUTHEAST CORNER OF SAID SOUTHWEST QUARTER;
THENCE SOUTH 89°03'37" WEST ALONG THE SOUTH LINE OF SAID SOUTHWEST QUARTER
661.16 FEET TO THE CENTERLINE OF 25m AVENUE NE;
THENCE NORTH 00°47148" EAST ALONG SAID CENTERLINE 43.52 FEET TO A POINT ON A LINE
WHICH IS PARALLEL WITH AND 43.50 FEET NORTH OF SAID SOUTH LINE;
THENCE NORTH 89°03'37" EAST ALONG SAID PARALLEL LINE 30.01 FEET TO A POINT ON A LINE
WHICH JS PARALLEL WITH AND 30.00 FEET EAST OF SAID CENTERLINE, SAID POINT BEING THE
TRUE POINT OF BEGINNING;
THENCE CONTINUE NORTH 89°03'37" EAST 9.21 FEET TO THE BEGINNING OF A NON-TANGENT
CURVE CONCAVE TO THE NORTHEAST HAVING A RADIUS OF 20.00 FEET AND TO WHICH POINT A
RADIAL LINE BEARS SOUTH 33°28'18" WEST;
THENCE NORTHWESTERLY 20.01 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
57°19'29" TO A POINTON SAID PARALLEL LINE;
THENCE SOUTH 00°47'48" WEST ALONG SAID PARALLEL LINE 17.11 FEET TO THE POINT OF
BEGINNING.
TOGETHER WITH THE NORTH 110 FEET OF THE SOUTH 140 FEET OF THE WEST 110 FEET OF THE
EAST 140 FEET OF THE WEST HALF OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTEH
OF SECTION 20, TOWNSHIP 31 NORTH, RANGE 5 EAST, W.M., AS CONVEYED TO SNOHOMISH
COUNTY BY INSTRUMENT RECORDED UNDER AUDITOR'S FILE NUMBER 9304070110, RECORDS
OF SNOHOMISH COUNTY, WASHINGTON.
SITUATE IN THE COUNTY OF SNOHOMISH, STATE OF WASHINGTON.
1-1¥ ... 1.s-
W: ._JOBS.20! 1··21 J06'l-WAKEFIEtD rlOMES-STANWOOD·DOCUMENTS·VACAT!ON.tloi:
25TH AVENUE NE VACATION
LEGAL DESCRIPTION
EXHIBIT B
THE EAST 30.00 FEET OF THE WEST HALF OF THE SOUTHEAST QUARTER OF THE SOUTHWEST
QUARTER OF SECTION 20, TOWNSHIP 31 NORTH, RANGE 5 EAST, W.M.;
EXCEPT THE SOUTH 66.00 FEET THEREOF.
TOGETHER WITH THE WEST 30.00 FEET OF THE EAST HALF OF THE SOUTHEAST QUARTER OF
THE SOUTHWEST QUARTER OF SECTION 20, TOWNSHIP 31 NORTH, RANGE 5 EAST, W.M.;
EXCEPT THE SOUTH 66.00 FEET THEREOF.
TOGETHER WITH THAT PORTION OF THE NORTH 110 FEET OF THE SOUTH 140 FEET OF THE
WEST 110 FEET OF THE EAST 140 FEET OF THE WEST HALF OF THE SOUTHEAST QUARTER OF THE
SOUTHWEST QUARTER OF SECTION 20, TOWNSHIP 31 NORTH, RANGE 5 EAST, W.M., AS
CONVEYED TO SNOHOMISH COUNTY BY INSTRUMENT RECORDED UNDER AUDITOR'S FILE
NUMBER 9304070110, RECORDS OF SNOHOMISH COUNTY, WASHINGTON, LYING NORTH OF
THE FOLLOWING DESCRIBED LINE:
COMMENCING AT THE SOUTHEAST CORNER OF THE WEST HALF OF THE SOUTHEAST QUARTER
OF THE SOUTHWEST QUARTER OF SAID SECTION 20;
THENCE NORTH 00°47'48" EAST ALONG THE EAST LINE OF SAID WEST HALF 66.03 FEET TO THE
NORTH LINE OF THE SOUTH 66.00 FEET OF SAID SUBDIVISION, THE POINT OF BEGINNING OF
THIS LINE DESCRIPTION;
THENCE SOUTH 89°03'37" WEST ALONG SAID NORTH LINE 59.15 FEET;
THENCE SOUTH 00°56'23" EAST 16.00 FEET TO THE NORTH LINE OF THE SOUTH 50.00 FEET OF
SAID SUBDIVISION;
THENCE SOUTH 89°03'37" WEST ALONG SAID NORTH LINE 81.40 FEET TO THE WEST LINE OF
SAID EAST 140 FEET, THE TERMINUS OF THIS LINE DESCRIPTION.
SITUATE IN THE COUNTY OF SNOHOMISH, STATE OF WASHINGTON.
W:\_JOBS\2011\211069-WAKEFIELD HOMES-STANWOOD\DOCUMENTS\VACATION\VACATION.doc
EXHIBIT B
300' 150' 0 300'
SCALE.: 1" 300'
W 1/2, SE. 11+, SW 1/4
SE.C 20, TWP 31 N,
RCjE. 5 E., W.M.
25TH AVE. NE.
30'
E. 112, SE. 1/ 4, SW 114
SE.C 20, TWP 31 N,
RCjE. 5 E., W.M.
20
112NO ~i. NE 29
(~fol< &l1J
VACATION E.XHI8IT
A PORTION OF THE. SE. 1/4, 5W 114 OF 5E.C. 20, TWP. 31 N, RCjE.. 5 E., W.M.
SNOHOMISH COUNTY, WASHINCjTON
A.S.P.I. (ALPHA 5U5DIVISION PRO'S, INC.)
4532-5 E.VE.RC\RE.E.N WAY E.VE.RE.TT, WA 90203 (425) 252-1004
PRE.PARED:
05/21/2015
211069.DWC\