HomeMy WebLinkAboutR-1368 - Relatinf to and providing for the condemnation of necessary right-of-way easements across property owned by Thomas and Mariam Alberg for the construct"./-'~
CIT Y 0 F MAR Y S V ILL E
Marysville,Washington
RESOLUTION NO./:J 69'
A RESOLUTION OF THE CITY OF MARYSVILLE RELATING TO AND
PROVIDING FOR THE CONDEMNATION OF NECESSARY RIGHT-OF-
WAY EASEMENTS ACROSS PROPERTY OWNED BY THOMAS AND
MARIAM ALBERG FOR THE CONSTRUCTION AND MAINTENANCE OF,
AND ACCESS TO, A WATER SUPPLY PIPELINE WHICH WILL
CONNECT THE EVERETT WATER SYSTEM TO THE MARYSVILLE
WATER SYSTEM,AND WHICH IS DECLARED TO BE IN THE PUBLIC
INTEREST.
WHEREAS,pursuant to Chapter 35.92 RCW,the city of
Marysville is authorized and empowered to construct,own and
operate a municipal water utility serving properties inside and
outside of its corporate limits;and
WHEREAS,the City has determined that it is necessary to
seek new sources of water supply for its utility;and
WHEREAS,on November 2,1988 the city of Everett passed
Resolution 3081 agreeing to supply water on a wholesale basis to
the City of Marysville if the City would construct a pipeline
intertying the two municipal water systems;and
WHEREAS,the city's consulting engineer has designed a water
supply pipeline intertying the two municipal systems,and said
design has passed all environmental reviews and has been approved
by the City Council;and
WHEREAS,tne city's schedule is to have the pipeline
constructed and operational on or before JUly 1,1990;and
WHEREAS,it is necessary to construct a certain portion of
the pipeline which crosses an environmentally-sensitive area
during the dry summer months of 1989;and
WHEREAS,the property needed for said portion of the
pipeline is owned by Thomas A.Alberg and Mariam T.Alberg,
husband and wife,and Alice Kinkead,the legal description of
said property being attached hereto as Exhibit A;and
WHEREAS,said owners and the City have been unable to agree
upon the terms of,and compensation for,a right-of-way easement
for the pipeline;NOW,THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
MARYSVILLE,WASHINGTON AS FOLLOWS:
Resolution - 1
1.The City hereby declares the acquisition of a 20-foot-
wide temporary construction easement and a 20-foot-wide permanent
utility easement,the legal descriptions of which are attached
hereto as Exhibit B,to be necessary for the construction of the
water supply pipeline described above and to be in the public
interest.
2.The city hereby authorizes commencement of condemnation
proceedings against the owners of said property,Thomas A.Alberg
and Mariam T.Alberg,husband and wife,and Alice Kinkead,for
the acquisition of the required easements.
3.The city hereby authorizes immediate payment to said
owners of just compensation for said easements in consideration
for the right to immediate possession and use of the sUbject
property for the purpose of constructing the pipeline.
PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR THIS
DAY OF R u.&-j,.LS.r 1989.
~
CITY OF MARYSVILLE
By
Attest:
Approved as to form:
Resolution - 2
EXHIBIT A
LEGAL DESCRIPTION OF ALBERG PROPERTY
The northwest quarter of the southwest quarter of section 12,
Township 29 North,Range 5 East,W.M.,Snohomish County,
Washington.
EXHIBIT B
DESCRIPTION OF EASEMENTS
1.Temporary construction easement
The east 20 feet of the west 40 feet of the northwest
quarter of the southwest quarter of section 12,Township 29
North,Range 5 East,W.M.,Snohomish County,Washington.
2.Permanent utility easement
The west 20 feet of the northwest quarter of the southwest
quarter of section 12,Township 29 North,Range 5 East,
W.M.,Snohomish County,Washington;TOGETHER WITH the right
of ingress to and egress from said lands across adjacent
lands of the Grantor for the purpose of constructing,
reconstructing,repairing,renewing,altering,changing,
patrolling and operating the pipeline,and the right at any
time to remove the pipeline and appurtenances from said
lands.