HomeMy WebLinkAboutO-3119 - Rights-of-way vacation (Special)CITY OF MARYSVILLE
Marysville, Washington
ORDINANCE NO. P \ ( 9
AN ORDINANCE OF THE CITY OF MARYSVILLE VACATING (1) AN
ALLEYWAY LOCATED BETWEEN 5th & 6th STREET, WEST OF DELTA
AVENUE AND EAST OF THE BNSF RAILWAY; (2) 5th STREET, WEST OF
DEL TA AVENUE AND EAST OF THE BNSF RAILWAY; (3) THE ALLEYWAY
LOCATED BETWEEN 5th STREET AND 7th STREET, WEST OF DEL TA
AVENUE AND EAST OF THE BNSF RAILWAY; (4) 7th STREET, WEST OF
DELTA AVENUE AND EAST OF THE BNSF RAILWAY; AND (5) THE
ALLEYWAY LOCATED BETWEEN 7th AND Sth STREET, WEST Of DELTA
AVENUE AND EAST OF THE BNSF RAILWAY IN THE CITY OF
MARYSVILLE, WASHINGTON.
WHEREAS, the Marysville City Council passed Resolution 2457 on January 14, 2019,
which initiated vacation procedures for (1) an alleyway located between 5th & 6th Street, west
of Delta Avenue and east of the BNSF railway; (2) 6th Street, west of Delta Avenue and east
of the BNSF railway; (3) the alleyway located between 6th Street and 7th Street, west of Delta
Avenue and east of the BNSF railway; ( 4) 7th Street, west of Delta Avenue and east of the
BNSF railway; and (5) the alleyway located between 7th and gth Street, west of Delta avenue
and east of the BNSF railway. These five vacations are legally described in Exhibit A and
depicted in Exhibit B, attached hereto, and are collectively referred to as the "Rights-of-
Way"; and
WHEREAS, Resolution 2457 set a public hearing date of February 11, 2019 to consider
the vacation of the Rights-of-Way, and proper notice was posted and mailed to all required
parties pursuant to MMC 12.32.030; and
WHEREAS, a public hearing was held before the Marysville City Council on February
11, 2019 to consider vacation of the Rights-of-Way; and
WHEREAS, the City Engineer and Community Development Director recommended
that the Council waive all compensation for the vacation of the Rights-of-Way; and
WHl:Rl:AS, the Marysville City council has determined that it is in the best interests
of the City to waive all compensation for the vacation of the Rights-of-Way; and
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, allowing construction of a
municipal jail, public safety, court and administration building, known as the Civic
Campus;
(b) The vacation will not adversely affect the street pattern or circulation of the
immediate area of the community as a whole;
(c)
(d)
and
The public need will not be adversely affected;
The Rights-of-Way are not contemplated or needed for future public use;
(e) No abutting owner will become landlocked or have their access substantially
impaired.
NOW, THEREFORE, the City Council of the City of Marysville, Washington do ordain
as follows:
Section 1. The Rights-of-Way legally described in Exhibit A, and depicted in Exhibit
B, attached hereto, are hereby vacated and all compensation is waived in accordance with
MMC 12.32.020.
Section 2. This ordinance and the vacation of the Rights-of-Way legally described in
Exhibit A, 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 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
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 I l
.t:ebr u_o..v(f , 2019.
Attest:
By: ~AA&civL
TIBROCK, DEPUTY CITY CLERK
Approved as to form:
By:
\" -.-~ ..
JON WALKER, CITY ATTORNEY ....___.,,,,
Date of Publication: Ot-l t ~ lzo1 4
Effective Date:
(5 days after publication)
CITY OF MARYSVILLE
By:~~ JON NRiNG~
day of
EXHIBIT A
VACATION OF STREET AND ALLEY RIGHTS-OF-WAY
LEGAL DESCRIPTIONS
VACATION #1
That portion of dedicated ALLEY located in Block 6, S.W. Sisco Addition to
Marysville, Washington, according to the plat thereof recorded in Volume 2 of
Plats, page 37, as amended by the Corrected Plat of Sisco's Addition to
Marysville, Washington, according to the plat thereof recorded in Volume 6 of
Plats, page 37, Records of Snohomish County, Washington, lying easterly of the
northerly extension of the west line of Lot 3, Block 6, and lying westerly of a line
drawn from the southeast corner of Lot 16, Block 6 to the northeast corner of Lot
1, Block 6 of said S.W. Sisco Addition and Correction Plat thereof.
VACATION #2
That portion of dedicated 5TH STREET located between Block 1 and Block 6,
S.W. Sisco Addition to Marysville, Washington, according to the plat thereof
recorded in Volume 2 of Plats, page 37, as amended by the Corrected Plat of
Sisco's Addition to Marysville, Washington, according to the plat thereof recorded
in Volume 6 of Plats, page 37, Records of Snohomish County, Washington, lying
easterly of a line 25.00 feet easterly of, as measured perpendicular to and
parallel with, the centerline of the main track of the Burlington Northern Santa Fe
Railroad, and lying westerly of a line drawn from the southeast corner of Lot 1,
Block 1 to the northeast corner of Lot 16, Block 6 of said S.W. Sisco Addition and
Correction Plat thereof.
VACATION#3
That portion of dedicated ALLEY located between Block 1, S.W. Sisco Addition
to Marysville, Washington, according to the plat thereof recorded in Volume 2 of
Plats, page 37, as amended by the Corrected Plat of Sisco's Addition to
Marysville, Washington, according to the plat thereof recorded in Volume 6 of
Plats, page 37, Records of Snohomish County, Washington, and Block 2, The
Morgan Addition to Marysville, Washington, according to the plat thereof
recorded in Volume 2 of Plats, page 43, Records of Snohomish County,
Washington lying easterly of a line 25.00 feet easterly of, as measured
perpendicular to and parallel with, the centerline of the main track of the
Burlington Northern Santa Fe Railroad, and lying westerly of the northerly
extension of the east line of Lot 1, Block 1, said S.W. Sisco Addition and
Correction Plat thereof.
EXHIBIT A
VACATION#4
That portion of dedicated 7TH STREET located between Block 1 and Block 2, The
Morgan Addition to Marysville, Washington, according to the plat thereof
recorded in Volume 2 of Plats, page 43, Records of Snohomish County,
Washington, lying easterly of a line 25.00 feet easterly of, as measured
perpendicular to and parallel with, the centerline of the main track of the
Burlington Northern Santa Fe Railroad, and lying westerly of a line drawn from
the southeast comer of Lot 18, Block 1 to the northeast corner of Lot 1, Block 2
of said Morgan Addition.
VACATION#5
That portion of dedicated ALLEY located in Block 1, The Morgan Addition to
Marysville, Washington, according to the plat thereof recorded in Volume 2 of
Plats, page 43, Records of Snohomish County, Washington, lying easterly of a
line 25.00 feet easterly of, as measured perpendicular to and parallel with,
the centerline of the main track of the Burlington Northern Santa Fe Railroad, and
lying westerly of a line drawn from the southeast corner of Lot 1, Block 1 to the
northeast corner of Lot 18, Block 1 of said Morgan Addition.
EXHIBIT B
25.o•-/ I I
4 I B I 2 I I I BLOCK 2
V Ac.ATION #3
CENTERLINE OF
THE MAIN TRACK
BURLINeTON NORTHERN
SANTA FE RAILROAD
25.o•
VACATION #I
MOReANS ADD I VOL 2, Pe 4B PLATS
I I I I
I I I I
BLOCK I
5.W. 515c..O ADD
VOL 2, Pe '5"1 PLATS
(CORRECTED)
VOL 6, Pe '5"1 PLATS
I I I
BLOCK 6
S.W. SISCO ADD
VOL 2, Pe '5"1 PLATS /
(CORRECTED) I
VOL 6, Pe '5"1 PLATS / I I I 14 I 1s I 16
I
I
2 I I
I
I
5TH STREET
100 0 •••
12-21-18
100
I
A N D E s 1523 TENTH sr. ---------11 ~ WA 98270
LAND SURVEYING, P.S. PHONE: JfJ0-659-6639
CITY OF MARYSVILLE
VACATION Of STREET 4 ALLEY
R16HTS-Of-HA Y
5.W.1/4 SECTION 2£!>,
TOli'INSt-llP 30 NORTH, RAN6E 5 EAST, W.M.
VACATION 15
VACATION #4-
25.o•
I
I
12-21-18
EXHIBIT B
I ----.J
8TH STRE:cT
I
I
I
2 I I
4 I 3 I 2 I I I 6LOC.K 2
MOReANS ADD
/ VOL 2, P5 43 PLATS
I I I I
I I I
L
100 0 ••• 100
I
A N D E s 1523 TENTH sr, ---------11 ~ lfA 98270
LAND SURVEYING, P.S. PHONE: J60-659-6639
CITY OF MARYSVILLE
VACATION OF STREET ~ ALLEY
RIGHTS-OF-HAY
5.H.1/4 5EC.TION 28,
TOHN5HIP 30 NORTH, RAN6E 5 EAST, H.M.