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Ordinance 1474ORDINANCE NO, AN ORDINANCE OF THE CITY OF EDMONDS*WASHINGTON PROVIDING FOR THE ACQUISITION OF RIGHT-OF-WAY FOR STREET PURPOSES FROM CERTAIN PARCELS OF PROPERTYT PROVIDING FOR THE AUTHORIZATION OF THE CITY ATTORNEY TO INITIATE PROCEEDINGS FOR CONDEMNATION= APPROPRIATI.ON4 TAKING AND DAM- AGING OF LAND AND OTHER PROPERTY NECESSARY THEREFOR; DECLARING THE NECESSITY THEREFOR; AND PROVIDING FOR PAYMENT THEREOF. THE CITY COUNCIL OF THE CITY OF EDMONDS14P WASHINGTON DO ORDAIN AS FOLLOWS: Section to The public health, safety,, necessity, and convenience demand, the City Council so finds, that the improvement of 76th Avenue West from 218th Street S.W. to 244th Street S.W.; and 224th Street S.W. from 76th Avenue West to Highway 99, by the construction of con- crete sidewalks on each side of the street, standard curbs and gutters, by paving the street with asphaltic type concrete, providing necessary drainage and any necessary grading or base preparation and related work necessary to make a complete improvement in accordance with applicable City standards all as contemplated in Ordinance No. 1467 of the City of Edmonds, Washington= which ordinance orders the above referred to improve- ments and creates and establishes Local Improvement District No, 178, and that said improvement is necessary for the public health, safety,, necessity, welfare and convenience and that said improvement be established over, across, upon and beneath certain properties and lands described as follows: PARCEL N0, 1. BEFORE TAKING: The following described:: -portion of Lot 9, Lake McAleer Five Acre Tracts, according to plat thereof, recorded in Volume 5 of Plats, page 48, records of Snohomish County, Washington: Beginning 390 feet North of the Southeast corner of said Tract; thence North 125 feet; thence West 110 feet; thence South 125 feet; thence East to the point of beginning; Except the East 10 feet thereof conveyed to Snohomish County, TAKING: A parcel of land lying within the above described property said parcel being more particularly de- scribed as follows: The West 20 feet of the East 30 feet of the following described portion of Lot 9, Lake McAleer's Five Acre Tracts, according to plat thereof,, recorded in Volume 5 of Plats, page 48, records of Snohomish County-, Washington, Beginning 390 feet North of the Southeast corner of said Tract; thence North 125 feet; thence West 110 feet; thence South 125 feet; thence East to the point of Beginning. Section 2. That in improving, taking and damaging the property as described in Section 1 hereinabove, the City shall acquire the fee title and the right to con- struct the above referred to improvement over, upon, across and beneath the real property described herein - above. Section 3. All lands, rights, privileges and other property within the limits of the lots, blocks and tracts of land described hereinabove are hereby condemned, appropriated, taken and damaged for public use and necessity for street purposes; and all such lands, rights, priv- ileges and other property are to be taken, damaged and approp- riated only after just compensation has been made or paid in the court for the owners thereof in the manner provided by law. Section 4. The entire cost of the improvement provided for herein shall be paid by general funds of the City applicable thereto and more specifically from Urban Arterial Board Project No. 8-1-139-(Ol) and Local Improvement District Fund No, 178 of the City of Edmonds, Washington, -2- 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 sought herein together with the right to excavate and/or fill said real estate and the further right to remove vegetation and any and all other obstructions of any kind or description. Section 6. The City Attorney is hereby authorized and directed to begin and prosecute the proceedings provided by law to condemna, take, appropriate and damage the lande rightsr 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 use of the property hereby authorized to be condemned and appropriated and as to the reservation of any right of use to any owners provided that said reservation does not interfere with the use of said property by the City as provided by this ordinance. APPROVED: MAYOR ATTEST: CITY CLERK PASSED BY THE CITY COUNCIL: March 31 . 1970 FILED WITH THE CITY CLERK: March 3, 1970 PUBLISHED: March 11, 1970 -3-