HomeMy WebLinkAboutR-2498 - Public Hearing to be Held before Council to Consider Vacation of an Unopened Public Road Parcel Number 29050200200300 (4205 71st Ave NE)CITY OF MARYSVILLE
Marysville, Washington
RESOLUTION NO. JAt( B
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MARYSVILLE,
WASHINGTON, ESTABLISHING JUNE 14, 2021 AS THE DATE UPON WHICH
A PUBLIC HEARING SHALL BE HELD BEFORE THE MARYSVILLE CITY
COUNCIL TO CONSIDER VACATION OF AN UNOPENED PUBLIC ROAD
OVER THE SOUTH 30 FEET OF ASSESSOR PARCEL NUMBER
29050200200300 (4205 71sT AVENUE NE), IN THE CITY OF MARYSVILLE,
AND TO CONSIDER WAIVING COMPENSATION FOR SAID VACATION.
WHEREAS, during review of a formal land use application encompassing two parcels of
land (Assessor's Parcel Numbers 29050200200300 and 29050200200200, commonly known as
4205 and 4315 715t Avenue NE, respectively), the City of Marysville became aware ofa public
road dedication from 1931 recorded under Auditor's File Number (AFN) 530970, that is located
over the south 30 feet of Assessor's Parcel Number (APN) 29050200200300 ( 4205 71 st A venue
NE); and
WHEREAS, to the best that City staff can determine, the public road dedication recorded
under AFN 530970 was never opened for public road purposes; and
WHEREAS, the City owns the Sunnyside Well Treatment Facility located at 4123 715t
Avenue NE (APN 29050200206500) which is directly to the south of 4205 71 st Avenue NE and
the associated unopened public road dedication; and
WHEREAS, the Sunnyside Well Treatment Facility has an existing access onto 715t
A venue NE which parallels and directly abuts the unopened public road dedication recorded.
under AFN 530970, rendering said public road dedication both unneeded by the City, and unable
to be opened due to the inability to meet Engineering Design and Development Standards access
spacing requirements;
WHEREAS, the Sunnyside Well Treatment Facility property also has frontage along 44th
Street NE, and has critical areas encumbrances that limit its development potential;
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 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 furthermore provides that the Council will consider the
reports of the City Engineer and the City Planner in determining whether compensation will be
required as a condition of the vacation; and
WHEREAS, the City Engineer and the Community Development Director have
recommended that the Council waive all compensation for the vacation of the unopened public
road that was dedicated by the deed recorded under AFN 530970; and
WHEREAS, the Council desires to initiate vacation procedures for the unopened public
road that was dedicated by the deed recorded under AFN 530970;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF MARYSVILLE, AS FOLLOWS.
Section 1. Pursuant to MMC 12.32.020, June 14, 2021at7:00 PM is established as the
time at which the City Council of the City of Marysville will hold a public hearing to consider
the vacation of 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").
Section 2. The Council, having considered the recommendation of the City Engineer and
the Community Development Director, waives all compensation for vacation of the Unopened
Road.
Section 3. The Council has determined that vacation of the Unopened Road would satisfy
the 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 7151 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 needed for future public use; and
(e) No abutting owner will become landlocked or have their access substantially impaired.
ADOPTED by the City Council at an open public meeting this 2...?~ day of
_ ____,LA--""'-"-'c ..... "'4"'-6"1-&J----' 20 _2{_.
I f
CITY OF MARYSVILLE
Attest:
i) By 1Vl0.-b~?U:.-
jJVlA f$fr; ~EPUTY CITY CLERK
Approved as to form:
By_~_· __ ~_,.,,_L2-~-
JON WALKER, CITY ATTORNEY