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Ordinance 1412ORDINANCE,NO. AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, PROVIDING FOR THE ACQUISITION OF EASEMENTS FOR SANITARY SEWER PURPOSES OF CERTAIN PARCELS OF PROPERTY, PROVIDING FOR THE AUTHORIZATION OF THE CITY ATTORNEY TO INITIATE PROCEEDINGS FOR CONDEM- NATION, APPROPRIATION, TAKING AND DAMAGING OF LAND AND OTHER PROPERTY NECESSARY THEREFOR:; DECLARING THE NECESSITY THEREFOR; AND PROVIDING FOR PAYMENT THEREOF. THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS. Section 1. The public health, safety, necessity and convenience demand, and the City Council so finds, that the installation of eight -inch and ten -inch sanitary sewers and all necessary appurtenances, including pipe, valves, fittings, manholes,, surface grading and replace- ment of pavement where necessary and related work necessary to make a complete improvement in accordance with City standards, be installed pursuant to Ordinance No. D 44 of the City of Edmonds, Washington, which ordinance orders the above referred to improvements and creates and estab- lishes Local Improvement District No. 161, and it is necessary for the public health, safety, necessity and convenience that said improvements be established over, across, upon and beneath certain properties and lands including those a.escribed in Exhibit "A", attached hereto, and by this reference incorporated herein as if set forth in full. Section 2. That in improving, taking and damaging the property as described in Section 1 hereinabove, the City shall acquire the right to . a sanitary sewer easement for a sanitary sewer line with all connections,. appurtenances and accesses thereto, be and the same hereby is laid off, condemned, appropriated and established over and across the certain properties described in Section 1 hereinabove. Section 3. All lands, rights, privileges and other property within the limits of the lots, blocks and tracts of lands described hereinabove are hereby condemned, appropriatedt taken and damaged for public use and necess- ity for sanitary sewer easements; and all such lands, rights, privileges and other property are to be taken, damaged and appropriated only after just compensation has been made or paid into court for the owners thereof in the manner provided by law. Section 4. The entire cost of the improvement pro- vided for herein shall be paid by general funds of the city applicable thereto and more specifically from the Local Improvement District Fund No. 161 of the City of Edmonds,, Washington. Section 5. The taking and damaging herein to said property shall include the perpetual right of the city's agents to enter upon the real estate described herein at any time that it may deem fit, and construct, maintain and repair said sanitary sewer line and the easements over and across said property, together with the right to excavate and/or fill said easements, and the further right to re- move vegetation or any and all other obstructions of any kind or description. -2- Section 6. The City Attorney is hereby authorized and directed to begin and prosecute the proceedings pro- vided by law to condemn, take, appropriate and damage the land, rights, privileges and other property necessary to carry out the provisions of this ordinance, and he is further authorized in conducting said proceedings and for the purpose of minimizing damages to stipulate as to the use of the property hereby authorized to be con- demned and appropriated and as to the reservation of any right of use to any owner, provided that such reservation does not interfere with the use of said property by the city as provided by this ordinance. APPROVED: .MAYOR ` ATTEST: 11� L--- CITY CLERK PASSED BY THE CITY M UNCIL: January 21, 1969 FILED._YRITH THE CITY CLERK: January 21, 1969 PUBLISHED: January 29, 1969- -3- EXHIBIT "A" PARCEL NO. 1 Page One of Two Pages A strip of land 10 feet in width, 5 feet on each side of the following described centerline: Commencing at the SE corner of Lot 29,, Maplewood Hills, according to plat thereof recorded in Volume 10, page 121, records of Snohomish County, Washington. Thence N 89021130" W 192 feet to the true point of beginning; thence N 13052100" W 171 feet more or less to the North line of said Lot 29; thence continuing N 13052"00" W 171 feet more or less to the North line of Lot 30 of said Maplewood Hills; thence continuing N 13°52100" W 51 feet; thence Northwesterly to a point on the North line of said Lot 31 of said Maplewood Hills, a distance thereon of 311 feet N 890 23'15" West of the NE corner of said Lot 31, the terminus of this easement,, situated in Snohomish County, Washington. PARCEL NO. 2 The West 10 feet and the Northwesterly 10 feet together with the South 10 feet of the West 100 feet of Lot 6, Block 1, Alderwood Manor No. 9. according to plat thereof recorded in Volume 10 of Plats, page 6, records of Snohomish County, Washington. PARCEL NO. 3 Two parcels of land lying within the following described property: Beginning at a point South 007'00" E 870 feet. from the NW corner of the NE quarter of the SE quarter of Section 24, T 27 Nr R 3E, W.M., the true point of beginning; thence S 89050'54" E, 560 feet; thence N 007'00" W 430 feet; thence S 89050'54" E 30 feet; thence N 27039'59" E 389 feet; thence N 0010153" W 95 feet to a point on the North line of the NE quarter of the SE quarter; thence East along said North line to the East line of the NE quarter of the SE quarter. thence South along said East line to the South line of the NE quarter of the SE quarter; thence West'._along said South line to the West line of the NE quarter of the SE quarter; thence North along the West line of the NE quarter of the SE quarter to the true point of beginning. Said parcels being Page Two of Two Pages described as follows: The East 5 feet of the North 344 feet, less the North 225 feet and a strip of land 15 feet in width being 7.5 feet on each side of and adjacent to the following described centerline: Beginning at a point on the East line of the above described property, 344 feet South of the NE corner -thereof; thence S 86015= w to the Easterly margin of 12th Avenue and the Westerly boundary of the above described property and the terminus of the herein described centerline.