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HomeMy WebLinkAboutR-2457 - Establishing February 11, 2019 as the date of a public hearing before the Marysville City Council to consider vacation of (1) an alleyway located betwCITY OF MARYSVILLE Marysville, Washington RESOLUTION NO. J_ tf 5-7 A RESOLUTION OF THE CITY OF MARYSVILLE ESTABLISHING FEBRUARY 11, 2019 AS THE DATE OF A PUBLIC HEARING BEFORE THE MARYSVILLE CITY COUNCIL TO CONSIDER VACATION OF (1) AN ALLEYWAY LOCATED BETWEEN 5th & 5th STREET, WEST OF DEL TA 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 6th 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; AND TO CONSIDER WAIVING COMPENSATION FOR SAID VACATION. WHEREAS, the City of Marysville desires to vacate: (1) an alleyway located between 5th & 5th Street, west of Delta Avenue and east of the BNSF railway; (2) 5th Street, west of Delta Avenue and east of the BNSF railway; (3) the alleyway located between 5th 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 Sth 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 (collectively, the "Rights-of-Way"); and WHEREAS, the City of Marysville and BNSF Railway Company are the owners of all the real estate abutting the Rights-of-Way; and WHEREAS, the purpose of vacation of the Rights-of-Way is for the construction of a municipal jail, public safety, court, and administration building (known as the Civic Campus), which is intended to be located where the Rights-of-Way are located; and WHEREAS, the vacation of the Rights-of-Way will improve the public health, safety, and welfare of the residents of the City of Marysville by making possible the construction of the Civic Campus; and WHEREAS, MMC 12.32.010 and RCW 35.79.010 authorize the Council to initiate vacation procedures by resolution; and WHEREAS, MMC 12.32.020 provides that, when a street/alleyway vacation is initiated by the City, the Council may waive all or any portion of compensation that the City would receive from the vacation; and WHEREAS, MMC 12.32.020 further provides that the Council will consider the reports of the City Engineer and City Planner in determining whether compensation will be required as a condition of the vacation; and WHEREAS, the City Engineer and Community Development Director have recommended the Council waive all compensation for the vacation of the Rights-of-Way; and WHEREAS, the 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 Council desires to initiate vacation procedures for the Rights-of-Way; NOW, THEREFORE BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF MARYSVILLE, WASHINGTON, AS FOLLOWS: Section 1. February 11, 2019 at 7:00 PM is established as the time for a public hearing before the City Council of the City of Marysville at the Marysville City Hall to consider the vacation of the Rights-of-Way. Section 2. The City Clerk is instructed to proceed with all proper notice as required by state law and the municipal code of the City of Marysville. Section 3. The Council, having considered the recommendation of the City Engineer and the Community Development Director, waives all compensation for the vacated Rights- of-Way . Section 4. The Council has determined that the vacation of the Rights-of-Way would satisfy the criteria contained in MMC 12.32.060, specifically: (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) The public need will not be adversely affected; (d) The Rights-of-Way are not contemplated or needed for future public use; and (e) No abutting owner w i ll become landlocked or have their access substantially impaired. PASSED by the City Council and APPROVED by the Mayor this IY day of J?lVl.lML~ I 2019, CITY OF MARYSVILLE By:~~ JONHfUNGJ Attest: By: ~Y1£l, %fpck_____., TA BROCK, DEPUTY CITY CLERK Approved as to form: By: CI~ 2__ ~ Date of Publication: Effective Date: (5 days after publication) EXHIBIT A VACATION OF STREET AND ALLEY RIGHTS-QF .. 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 comer 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 corner 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 I 4 I B I 2 I I I BLOCK 2 VACATION #5 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 S.W. SISCO ADD VOL 2, Pe~ PLATS (CORRECTED) VOL 6, Pe ~ PLATS I I I I 6LOC..K b O!'. S.W. SISCO ADD £ VOL 2, Pe~ PLATS I (CORRECTED) I VOL 6, Pe ~ PLATS I I I I 14 I 15 I 16 I I 2 I I I I 5TH STREET 100 0 ••• 12-21-18 100 I A N D E S iw 1£NfH sr. --------11 ~ WA 98270 LAND SURVEYING, P.S. PHONE: JB0-659--6639 CITY OF MARYSVILLE VACATION OF STREET 4 ALLEY R16HTS-OF-HA Y S.H.1/4 5EC.TION 21?, TOWNSHIP 30 NORTH, RANeE 5 EAST, W.M. VAC.ATION #5 VACATION #4 25.o• I 12-21-18 EXHIBIT B I --..i 8 TH S"J"o ... ·~t:T I I I 2 I I I 6LOC.K I MORSANSADD VOL 2, Pe 4B PLA T5 I I I I I I I 16 I 11 I 4 I B I 2 I I I 6LOC.K 2 MOReANS ADD / VOL 2, Pe 4B PLATS I I I I L 100 0 ••• 100 I A N D E s 1523 TENTH ST, --------11 ~ WA 98270 LAND SURVEYING, P.S. PHONE: J60-659-66J9 CITY OF MARYSVILLE VACATION OF STREET 4 ALLEY RIGHTS-OF-HAY 5.W.1/4 5EC.TION 28, TOWNSHIP BO NORTH, RANGE 5 EAST, H.M.