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Home My WebLink AboutO-3184 - Vacating an Unopened Public Road 4205 71st Ave NE and Waiving Compensation0622CITY OF MARYSVILLE Marysville, Washington ORDINANCE NO. 3) 81- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MARYSVILLE, WASHINGTON, VACATING AN UNOPENED PUBLIC ROAD LOCATED OVER THE SOUTH 30 FEET OF ASSESSOR'S PARCEL NUMBER 29050200200300 (4205 71 ST AVENUE NE), IN THE CITY OF MARYSVILLE, AND WAIVING COMPENSATION FOR SAID VACATION. WHEREAS , the Marysville City Council adopted Resolution No. 2498 on May 24, 2021, which initiated vacation procedures for an unopened public road that was dedicated by the deed recorded under Auditor's File Number 530970 , and that is located over the south 30 feet of the property located at 4205 7pt Avenue NE (APN 29050200200300), which is legally described in Exhibit A and depicted in Exhibits B & C, attached hereto (the "Unopened Road"); and WHEREAS , Resolution No. 2498 set a public hearing date of June 14 , 2021 , to consider the vacation of the Unopened Road, 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 June 14 , 2021 , to consider vacation of the Unopened Road; and WHEREAS , the City Engineer and the Community Development Director recommended that the Council waive all compensation for the vacation of the Unopened Road; and WHEREAS, the Council , having considered the recommendation of the City Engineer and the Community Development Director, waived all compensation for vacation of the Unopened Road; and WHEREAS , the Council considered the evidence presented at the public hearing and has determined that vacation of the Unopened Road would satisfy the following criteria contained in MMC 12.32.060, specifically: (a) The vacation will provide a public benefit, allowing for development of the property located at 4205 7pt Avenue NE (APN 29050200200300) to be unimpaired by an unopened and unnecessary road; (b) The vacation will not adversely affect the street pattern or circulation of the immediate area of the community as a whole; (c) The public need will not be adversely affected; (d) The Unopened Road is not contemplated or ne eded for future public use; and ( 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 unopened public road that was dedicated by the deed recorded under Auditor's File Number 530970 , and that is located over the south 30 feet of the property located at 4205 71 st Avenue NE (APN 29050200200300), which is legally described in Exhibit A and depicted in Exhibits B & C, attached hereto (the "Unopened Road"), is hereby vacated and all compensation is waived in accordance with MMC 12.32.020; and SECTION 2. 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 3. Correction. Upon approval by the city attorney, the city clerk or the code reviser are authorized to make necessary corrections to this ordinance , including scrivener 's errors or clerical mistakes; references to other local , state, or federal laws, rules , or regulations; or numbering or referencing of ordinances or their sections and subs ec tions. SECTION 4. Effective Date. This ordinance and the vacation of the Unopened Road, shall become effective five days after the date of its publication by summary. SECTION 5. Recordation. A certified copy of this ordinance will be recorded by the City of Marysville with the Snohomish County Auditor after its publication. PASSED by the City Council and APPROVED by the Mayor this l ~1}_ day of ~ ,2 0~. CITY OF MARYSVILLE Attest: - By JO~~ By -&Yl.OL, !?:>luck.- If VlV\.. f../lpr,,U.-, DEPUTY CITY CLERK Approved as~~~--- By C--~~ / ~TY ATTORNEY Date of publication: 0ee_\l'1 /1-P-i.-l Effective Date (5 days after publication): 0 1a.l i 7-l 'lvh EXHIBIT A Beginning at the northwest corner of the south half of government lot 3, Section 2, Township 29 North, Range 5 East, W.M., in Snohomish County, Washington; thence north 89°35'02" east along the north line of said south half 686.12 feet; thence south 1°58'24" east 30 feet; thence south 89°35'02" west 686.12 feet; thence northerly 30 feet to the point of beginning; except that portion conveyed to Snohomish County for road purposes by deed recorded under Auditor's File Number 1071265. i t li I 0: I I i ) l EXHIBIT B t ~~·~,r.,_ooc:~~~ r~:::'<S"E --------------------------1----------- --44TH STREET NE n l I I l' I 311.19 MARYSVILLE SCHOOL DIST. #25 SECTION 2. TOWNSHIP 29 NORTH, RANGE 5 EAST, W.JL NE 1/4, NJr 1/4 (, e" «,0-<,Ci B.3' llEST EDGE OF Pl.ANTER 1· = 60' FND CC»ICR£Tf llOMAIENT f W/COPPERHAIL I SCDPW PT tD 323 f'-SalPW PT ID 2819 -$-_§fl!!".21'46"£~07'_ \35 __ S~E-_ ~ 1312.54' 656~ 2/il4-.79· _)Fl :"LJ ~ .. l ... -I~ .o"" ~o ~"" ~ Q SWPWPTID2820 -h i t'li v !'I.., ---1q; -..., 0 ~I~ 4'-~~ ;,,~ I~~~ ~I~ !:g f:l ~ 0 JO 60 120 ;,j d' 8~ rJ' ~o -Ii! 11 II ~L 1~z~ "' 656 • .f!!'. _656 ... • t l'-l a __ N ..,,. ... w __ _j~ ., -.: ... ti) ;;:! NAO 83/91 ~ gl S 8976 E ~ 263.l.Bf' ~ ~ al!l,. 11 !1l _ i'\ a 21~ l<ii l:; ~18 •• ·~ ~r \~r salPW PT HJ 2821 ~ (I) saJPW PT JD J26 ~ ......-315.00'-----------J ~ -2'~--+-_ ... ,9'55"€_ -""' 1 -1 30' R/W per QCD 1Dn265 MAPLEWOOD CROSSING PROPERTY ;, ~ Ciq, -«.'b-" ~ VACATION AREA SHOWN WITH DIAGONAL CROSSHATCH S 89'20'2r E .JIS..tra SUNNYSIDE WELL TREATMENT FACILITY PROPERTY WHICH HAS SEPARATE ACCESS WHICH RUNS PARALLEL WITH THE VACATION AREA HIGHLIGHTED ABOVE. SURVEY NOTES: 1) SURVEY PROCEDURES k EQUIPMENT: F1El.D TRA\lfRSE &: 10• TOTAL STATION. 2) THE F1El.D JRA llERSES USED IN THIS SURVEY ldEE:T OR EXCEED 7H05£ STANDARDS CONTAINED IN WAC 332-1.J0-090. J) DISTANCES AR£ fN FEET AND OCOMALS THEREOF. 4) ALL CONTROWNG MONUMENTS SHOVttl ARE OF RECORD, AR£ LOCALLY ACCEPTED AS REPRESENTATIVE OF TiiDR PURPORTED POSITIONS, AND ~ YISITED DURING me COURSE OF THIS SUR~Y UNLESS OTHER'MSE NOTED. 5) THIS SURVEY DOES NOT PURPORT TO SHOW ALL EASEMENTS. SURVEYOR'S CERTIFICATE THIS MAP CORRECTLY R£PRESEN1S A SURVEY MADE BY ME OR UNDER MY DIRECTION Ill CONFORMANCE mm THE R£QUIREM£N1S OF THE SU?\£Y RDXJRDrNG ACT AT THE: REQUEST OF WAR'tS\lfLL£ salOOL DISTRICT NO. 25 IN DECDdBi [/ r.-:_-71 DA12 /Z,·:Z;7.z,..>' LEGEND • 0 -).. ~~ ~~ J.7 £AST OF l.JHE 4' BARBMRE FENCE f/2~ REBAR W/CAP "HMO.. 15023" O.t N., D.4' E. 3 + 2626.68 2632.23' ~ I !;;I~: ~lri: ~~ a~ " ... :;i ,~ 12: 1" -1000' 0 500 1000 2000 SECTION EIR£AKDOWN SCALE I rSCDPW PT JO 3110 , rSCDPW PT ID 3116 ~ Sll877'11"E I~ ----~ 5CDPW • SNOHOlllSH COUNTY .26.J0.46' 11 DEPARTWENT OF PUBLJC tlORKS SURIEY CONTRCl. DATABASE Legal Description: (Per Chicago Title Insurance Company Polley 15302074. second report. doted August 19, 2005) PARCfl.. A: THE: SOUlH HALF OF 1H£ NORTHVIEST QUARTER OF GOVfRNAfENT LOT 3 IN 5£COOH 2 rotmSHIP 29 NORTH RANGE 5 £AST,. W.W.. SHOHOlllSH COUNTf WAS'ilHGJDN; EXCEPT JHA T PORTION CON~ 10 5NOffOlrllSH COUNTY F'OR ROAD PURP0SE.S BY DEED ~ UNDER AUDITOR'S FU.£ NUMBER 1071265. RECORDS OF SNOHOMISH COUNTY. WASHINGTON. ~ BEGIHNIHG AT THE HOR»rn£ST CORNER OF THE S(XflH Hltl.F OF GO'VERHtl£HT LOT J, 5£C»OH 2 TOM?lSHIP 29 HORTH, RANGC 5 EAST. W.Af., IN SNOHOAflSH COUHn';. WASHWGR»l; 1HEHCE NORTH 89'3.5'02• EAST ALONG 11£ UORTH LJNE OF SAJD SOU1H HALF 688.12 FEET; 1H£HCE SOOTH 1~·24• EAST JO FEET; 1H£NCE SOU7H 89'3.5'0.Z-ltEST 686.12 FEET; THENCE NORTH£RL.Y 30 FEET ro THE" POINT OF BECfHNINC;. EXCEPT THAT PORTION CCW~ TO SNOH0611SH COUNTY FOR ROAD PURPOSES BY DEED RECORDED UM1fR AUDIJtW°S fl.£ MME£R 10n265; ~ THE HORJH HAJ.F OF 7Ji£ NORTHWEST QUARTffi OF GO\£RNMENT LOT 3 SECJKW 2 TOWNS1UP 29 NCRTH, RANG£ 5 EAST. W.11.; OCEPT 7H£ EAST .TIS FEET 1HfREOF; AND EXCEPT 1HAT PORTION CCW~ TO SNOHOMISH COUNTY FOR ROAD BY IHSTRfJAIENT RECORDED UNDER AUDll'C>R"'S RlE HUJl8ERS 1071262 AND 54D626, RECORDS OF 'SNOHOlllSH COUNTY. WASHINGTON. SET J/4" X 24" IRON PIPE W/CAP "HAJ 28074" FOUND REBAR AS NOTED snt1ATE JN THE COUNTY OF SNOHa.USH, STATE" OF WASHINGTON. FENCE UNE AF#. '),005 \2-2-£3'5063 AUDITOR'S CERTIFICATE I MARYSVILLE SCHOOL DIST. #251 ~f1it~~c<»;' :.'1! :! DAY OFOFD.sif%~J'A'f PAG£ ~ RECORD Of' SURVEY AT THE REQUEST OF HARMSEN .. ASSOCIATES. INC. ELEMENTARY SITE 111 808 TER~GER COUNTY AUDITOR BY CJ~ -.l,,_ DEPUTY COUtfTY AUDIT6R UNPUBUSH£0 'NORK(C)2005 BY HARMSEN &-ASSOCIA1£S INC SCALE: ,. -60' DRAim sr; 1l..R 12-22-05 HARMSEN & ASSOC. INC ~ 17!il4 'EST MAN SlR£ET POST OFFICE BOX 516 MONROE. WA. 98272 Ptt: (360)794-7611 / (205)343-5903 ISHaT f OF 1 ~El.Ellfl :i.LB...H!fJ<. 2-29 H-5 E HE 1/4. NW 1/4 [] F1ucsls ---+-Ra iii cs d R:OWs MUNICIPALITY PRIVATE RAILROAD City of Marysville STATE OF'!NASHltiGTON Trs.ils Arlington airport streams SNOHOl'o!ISl-I COLINiTY ...,... stream lnl61mitlen'I stream lntamittent stream notregulated Ffped Stream 1:2,257 0 O.c!J175 0.08'5 0.07 mi THE CITYO F MARYSVIUE DISCLAIMS At-.!YWARRANTY OF MERCHANTABILITY OR WARR.11,1\tTY OF RT NESS OFT HIS DAT.A. FOR.li.NYPARTICUL4RPURPO.SE, EITHER f)::PRESSED OR 111\\PLIED. NO RE.PRESENTATION OR MRRANTY IS MADE OONCERNING THEAOCURAGY. CURRENC'1~ COMPLETENESS ORQUALITYOF DATA DEPICTED. A~N USER OF THIS DATA ASSUMESALl RESf>ONSl!llLITYFOR USE THEREOF, AND FURTHERAGREESTO HOlDTHECITYOF MARYSVILLE HA.RMlES.S FROI~ AND AGAINST ANY DAMAGE, LOSS, OR llli.;£!1LITY!<.RISING FROM ANY USE OF THIS DATA.