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owners were authorized full payment of the amount they had negotiated. We
might add that some 25,700 square feet of our property was taken at the same
time, for which the owners received $14,500 in comparison to the $22,605
received by Dr. and Mrs. Blandau for the loss of 65% less land at 540 Edmonds
Way. In other words, the owners of 540 Edmonds Way were compensated well
for the loss of their land in comparison with their neighbors. Copies of the
Warranty Deed and State of Washington Real Property Voucher, both of which
were obtained from the State Highway Commission on May 27, 1983, are
being submitted as Exhibits B and C.
Lets look at these three documents closely. First, the official state
map clearly states that State Route 104, or Edmonds Way, was "designated for
limited access control by Commission Resolution No. 1977, June 17, 1968."
However, through negotiation with the State Highway Department, the two
current ownerxceedswere 14 feetranted a "Type A approach" permitting a "driveway
n width, fort he sole purpose of serving a single family
residence."
Second, the Warranty Deed is even more specific, and we quote its
last paragraph:
"Also, the grantors herein convey and warrant to the State of Washing -
tor. all rights of ingress and egress (including all existing, future or
potential easements of access, light, view and air, to from and between
SR 104, Edmonds Ferry Terminal to 5th Ave.; and the remainder of
said Parcel "A"; EXCEPT that the state shall construct on its right of
way an OFF and ON APPROACH, not to exceed 14 feet in width,
for the sole purpose of serving a single family r_esdence, on the
southwesterly side, at or near Highway Engineers Station 80+100, as
shown on sheet 4 of 7 sheets, of the above mentioned map of
definite -location and to which OFF and ON APPROACH only, the
grantors, their heirs, successors or assigns, reserve a right of
reasonable access, for that purpose only, which APPROACH shall
be maintained between the right of way line and the shoulder of
the state highway by the grantors, their heirs, successors, or assigns."
Although the language of the legal document is cumbersome, its meaning
is quite clear. This is a limited access highway. A concession from the State
was obtained by the two current owners 13 years ago and allowed them access
to the highway ONLY for the purposes of a single family residence at 540
Edmonds Way. The agreement the two current owners entered into in good faith
with the State, and for which they received good compensation, is not only
binding upon them, but also upon future owners of that land. The driveway
may not be more than 14-feet in width, not the approximately 70-feet shown
on the preliminary plat submitted to the Community Development Department.
Furngle
hermoresidences onot driveway may only serve a newly created city a
ty streetaslshfamily
ll
owon
not the 6 residences
preliminary
not
plat.
The State Highway Commission voted that Edmonds Way be a limited
access highway, and we believe that this is binding upon the City of Edmonds.
The State expected one or possibly two cars to go in and out of frequent the 540 Edmonds
Way driveway of 14-foot width, not the 10-12 cars, plus other
livery
vehicles, that would come to pass if 5 more homes were built on the land currently
occupied by one home. The State certainly did not envision a new city street,
I
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