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Resolution No 1005.pdf0006.900000 WSS/gjZ 6/28/01 RESOLUTION NO. 1005 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, ESTABLISHING A USE CLASSIFICATION FOR CERTAIN REAL PROPERTY DEEDED TO THE CITY BY SNOHOMISH COUNTY AND COMMONLY REFERRED TO AS THE WOODWAY MEADOWS PROPERTY. WHEREAS, on September 10, 1999, the City of Edmonds accepted a property tax deed from Snohomish County for certain real property located near Woodway Meadows and long used as an access for adjacent property, and, WHEREAS, the City established a temporary use classification for the property on September 21, 1999, directing that the property be used for established access to private properties, utility purposes and emergency access to the Town of Woodway, and WHEREAS, neighborhood residents expressed concern regarding the future use for the property, as well as opposition to its use as a bikeway or walkway, and WHEREAS, the City maintains that bikeway comprehensive plan and a walkway comprehensive plan for the designation of City property to be used for biking or walking, and WHEREAS, the Planning Board held a public hearing on May 23, 2001 and has recommended to the City Council that: 1. A permanent use classification be established consistent with the temporary classification established by the City Council in September of 1999; 2. That a street map amendment be initiated to classify the property's right of way and tying use of the right-of-way to the uses established and adopted use resolution; and 3. That a drainage easement access be included as a utility use, {WSS433507.DOC;1/00006.900000/} - 1 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: Section 1. Certain real property acquired by the City of Edmonds pursuant to Treasurer's Deed No. 5358 and described as the East 20 feet and the South 20 feet of the Northwest quarter of the Southwest quarter of Section 36, Township 27, Range 3, East, W.M. is hereby designated for use in the City of Edmonds Comprehensive Plan for the following purposes: . 1. For previously established access to private properties from the aforementioned strip of land to be maintained by private property owners to, but only to, the limited extent such access was established on or before the date of recordation of Treasurer's Deed No. 5358; and 2. For maintenance of and access to water, sewer and other public utilities duly franchised by the City of Edmonds, including but not limited to utility structures maintained by the Olympic View Water District, structures maintained by the City's drainage utilities and other public utilities authorized to use public property within the City of Edmonds pursuant to statute, ordinance and franchise agreement. 3. For emergency access purposes including such limited improvement of the area as ordered by the Town of Woodway pursuant to development approvals for Woodway Highlands Subdivision or under the terms and conditions of any street -use permit issued by the City of Edmonds to the developer authorizing use of the strip of land. Section 2. Nothing herein shall be interpreted to limit the legislative discretion of the City Council to ultimately determine and/or redetermine the use of this or any other property within the City of Edmonds in accordance with the powers granted to the City Council under the Constitution of the United States, the Constitution of the State of Washington, the Laws of the State of Washington and the ordinances of the City of Edmonds. (WSS483507.DOC; 1100006.900000!} - 2 ._ RESOLVED this 17th day of July, 2001. APPROVED: MA OR, G NSON ATTEST/AUTHENTICATED: 1411 Wel 0 a F1 WIN 61, s.. FILED WITH THE CITY CLERK: 07/13/2001 PASSED BY THE CITY COUNCIL: 07/17/2001 RESOLUTION NO. 1005. {WSS483507,DOC;1100006.90000011 - 3 -