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Ordinance 1497ORDINAidCL NO. l Aid ORDI`JANCE OF THE CITY OF EDMONDS, WASHINGTON PROVIDIIG FOR THE ACQUISITION OF RIGHT-OF-WAY FOR STREET PURPOSES FROM CERTAIN PARCELS OF PROPERTY, PROVIDING FOR THE AUTHORIZATION OF THE CITY ATTORNEY TO INITIATE PROCEEDINGS FOR CONDEMNATION, APPROPRIATION, TARING 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 improvement of 9th Avenue North from its intersection with Main Street to its intersection with Caspers Street, situate in Edmonds, Washington, by the construction of concrete sidewalks on each side of said avenue and drive, standard curbs and gutters, by paving the said avenue and drive 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 and state standards. 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 as described in Exhibit A attached hereto and hereby incorporated in full by this reference. That the interest sought in the parcels described in Exhibit A is fee title for the installation, construction and maintenance of the public use and improvement referred to herein above. 01_ Section 2. All lands, rights and privileges sought within the limits of the lots, blocks and tracts of land described herein above in Exhibit A are hereby condemned, appropriated, taken and damaged for a public use and necessity for avenue and drive purposes; and all such lands, rights, privileges and other properties sought are to be taken, damaged and appropriated only after just compensation has been made or paid into the registry of the Court for the owners thereof in the manner provided by law. Section 3. The entire cost of the improvement provided for herein shall be paid by general funds of the City applicable thereto and from Urban Arterial Board Project No. 8-1-139- (2) . Section 4. The City Attorney is hereby authorized and directed to begin and prosecute the proceedings provided 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 use of the property or rights hereby authorized to be condemned and appropriated, the size of such appropriation and as to the reservation of any right of use to any owner, provided that said stipulation does not interfere with the use of said property by the City as provided by this ordinance. APPROVED. u HARRISON MAYOR ATTEST: IRENE MINIM 1 $ATy CITY CLERK PASSED BY THE CITY COUNCIL: September 15, 1970 FILED WITH THE CITY CLERK-. September 15, 1970 PUBLISHED: September 16, 1970 K EXHIBIT "A" PARCEL NO. 4 BEFORE TAKING: The west 80 feet of the north 154 feet of the south 319 feet of Tract 6, Puget Sound Machinery Depot Five Acre Tracts, according to the plat thereof recorded in Volume 5 of Plats, Page 47, records of Snohomish County, Washington. TAKING: Beginning at the southwest corner of the following described tract: the west 80 feet of the north 154 feet of the south 319 feet of Tract 6, Puget Sound Machinery Depot Five Acre Tracts, according to the plat thereof recorded in Volume 5 of Plats, Page 47, records of Snohomish County, Washington; thence east along the south boundary of said tract, 11 feet; thence north- westerly to the northwest corner of said tract; thence south to point of beginning. PARCEL NO. 7 BEFORE TAKING: Lot 1, Sharon Crest, according to the plat thereof as recorded in Volume 18 of Plats, Page 83, records of Snohomish County, Washington. TAKING. The west 11 feet of the above described property. PARCEL NO. 8 BEFORE TAKING: That portion of the south half of Lot 7, Puget Sound Machinery Depot Five Acre Tracts, according to the plat thereof recorded in Volume 5 of Plats, Page 47, records of Snohomish County, Washington; described more particularly as follows: Beginning at the north- west corner of the south half of said Lot 7, thence east along north line of said south half of Lot 7 for 223 feet to northwest corner of a tract conveyed to Klemmet Klemmetson, et ux, by deed dated June 17, 1948, recorded under Auditor's File No. 886258; thence south 9*58' east along the westerly line of said Klemmetson tract 167.9 feet to the south line of said Lot 7; thence west along said south line 250.6 feet more or less, to the southwest corner of said Lot 7; thence north along west line of said Lot 7 for 165 feet to the point of beginning, all situate in Snohomish County, Washington. 1 PARCEL NO. 8, Continued TAKING. The west 21 feet of the above described tract. PARCEL NO. 10 BEFORE TAKING: The west 100 feet of the north half of Tract 8, Puget Sound Machinery Depot Five Acre Tracts, according to the plat thereof recorded in Volume 5 of Plats, Page 47, records of Snohomish County, Washington. Except the north 75 feet thereof. TAKING: Beginning at the northwest corner of the following described tract: The west 100 feet of the north half of Tract 8, Puget Sound Machinery Depot Five Acre Tracts, according to the plat thereof recorded in Volume 5 of Plats, Page 47, records of Snohomish County, Washington. Except the north 75 feet thereof. Thence south to the southwest corner of said Tract thence east 18 feet; thence northeasterly to a point on the north line of said tract at a distance of 20 feet east of the point of beginning; thence west to point of beginning. PARCEL NO. 11 BEFORE TAKING: The north 100 feet of west 216.6 feet of Tract 8, Five Acre Tracts, according in Volume 5 of Plats, Page County, Washington. TAKING: the south 165 feet of the Puget Sound Hachinery Depot to the plat thereof recorded 47, records of Snohomish Beginning at the northwest corner of the following described tract; The north 100 feet of the south 165 feet of the west 216.6 feet of Tract 8, Puget Sound Hachinery Depot Five Acre Tracts, according to the plat thereof recorded in Volume 5 of Plats, Page 47, records of Snohomish County, Washington. Thence south to the southwest corner of said tract thence east 16.0 feet; thence northeasterly to a point on the north line of said tract at a distance of 18.0 feet east of the point of beginning, thence west to the point of beginning. PARCEL NO. 12 BEFORE TAKING: The south 65 feet of the west 216.6 feet of Tract 8, Puget Sound Machinery Depot Five Acre Tracts, according to the plat thereof recorded in Volume 5 of Plats, Page 47, records of Snohomish County, Washington. 2 PARCEL 00 . 12, Continued TAKING. Beginning at the northwest corner of the following described tract: the south 65 feet of the west 216.6 feet of Tract 8, Puget Sound Machinery Depot Five Acre Tracts, according to the plat thereof recorded in Volume 5 of Plats, Page 47, records of Snohomish County, Washington; thence south to the southwest corner of said tract; thence east 14.8 feet; thence northeasterly to a point on the north line of said tract at a distance of 16.0 feet east of the point of beginning; thence west to the point of beginning. PARCEL 00. 31 BEFORE TAKING: East 200 feet of the south 110 feet of south half of southeast quarter of southeast quarter of northwest quarter of Section 24, T27N, R3E, W.H., Situate in Snohomish County, Washington. TAKING: Beginning at the northeast corner of the following described tract: east 200 feet of the south 110 feet of south half of southeast quarter of southeast quarter of northwest quarter of Section 24, T27N, R3E, W.N., thence south 110 feet; thence west 15.3 feet; thence northerly to a point 13.2 feet west of the point of beginning, thence east to the point of beginning. PARCEL NO. 35 BEFORE TAKING: The south 69 feet of the north 75 feet of the south 150 feet of the north half of the southeast quarter of southeast quarter of northwest quarter of Section 24, T27N, R3E, W.M., except the west 544 feet thereof, situate in Snohomish County, Washington. TAKING: The east 9 feet of the above described tract, together with the right to make necessary cuts, slopes and/or fills on the property adjacent thereto in conformance with establishing said avenue to its initial grade as adopted by the City Council of the City of Edmonds. PARCEL NO. 38 BEFORE TAKING: The north 82.5 feet of east 132 feet of the southeast quarter of southeast quarter of northwest quarter of Section 24, Township 27N., Range 3E, W.M.; except that portion thereof lying north of the following described line: beginning at a point on east line of southeast quarter of southeast quarter of northwest quarter of said Section that is 7.9 feet south of the northeast corner of said subdivision; thence westerly, along an established fence line for 132 feet, more or less, to west line of said tract. 3 PARCEL NO. 38, Continued TA1:ING The east 9.0 feet of the above described tract, together with the right to make necessary cuts, slopes and/or fills on the property adjacent thereto in conformance with establishing said avenue to its initial grade as adopted by the City Council of the City of Edmonds. PARCEL NO. 39A BEFORE TAKING: The northeast quarter of the southeast quarter of the northwest quarter of Section 24, Township 27N, Range 3E, W.H., situate in Snohomish County, Washington. TAKII4G: Beginning at the southeast corner of the north- east quarter of the southeast quarter of the northwest quarter of Section 24, Township 27N, Range 3E, W.M. thence north 0008' west along the east line of said northwest quarter 92.9 feet; thence north 89°41'24" west 11.2 feet; thence southeasterly to a point on the south line of said northeast quarter at a distance of 9.0 feet west of the point of beginning. Thence east to point of beginning. PARCEL NO. 41A BEFORE TAKING: The northeast quarter:of the southeast quarter of the northwest quarter of Section 24, Township 27N, Range 3E, W.I,3. situate in Snohomish County, Washington. TAKING: Beginning at the northeast corner of the northeast quarter of the southeast quarter of the northwest quarter of Section 24, Township 27N, Range 3E, W.H. , thence south 0"08' east 422.1 feet to the true point of beginning; thence south 0"08' east 132.5 feet, more or less, to that certain line described by decree entered December 19, 1951, in Snohomish County, Court Cause No. 51396; thence west along said line, 13 feet; thence northwesterly to a point north 89°31'24"' west, and 24.0 feet from the point of beginning; thence south 89°31'24" E to the point of beginning. PARCEL 00. 41B BEFORE TAKING: The northeast quarter of the southeast quarter of the northwest quarter of Section 24, Township 27 N, Range 3 L, W.14., which is 422.1 feet south of the north- east corner thereof; thence north 72.5 feet; thence south 89*13' W. 30.0 feet; thence southeasterly to a point north 89°41'24" W at a distance of 24.0 feet west of the point of beginning; thence south 89041'24" E to the point of beginning. Situate in Snohomish County, Washington. 4 PARCEL 1.40. 41B, Continued TAKING. Beginning at a point on the east line of the north- east quarter of the southeast quarter of the northwest quarter of Section 24, Township 27 N, Range 3 E, W.H., which is 422.1 feet south of the northeast corner thereof; thence north 72.5 feet; thence south 89*13' west 30.0 feet; thence southeasterly to a point north 89041'24" west at a distance of 24.0 feet west of the point of beginning; thence south 89°41'24" E to the point of beginning. PARCEL NO. 42 BEFORE TAKING e Beginning at the northeast corner of northeast quarter of southeast quarter of northwest quarter of Section 24, Township 27 N, Range 3 E, W.H., thence south along the east line for 349.50 feet; thence south 89*13' west 316.8 feet to an existing fence; thence north parallel to the east line of said subdivision 22 feet; thence north 89040138" W to the east line of the west half of said northeast quarter of southeast quarter of the northwest quarter; thence N 0*09118" west 333.75 feet, more or less, to the north line of said northeast quarter of the southeast quarter of the northwest quarter; thence east along the north line to the point of beginning. Except road on north side commonly known as Casper Street, situated in Snohomish County, Washington, TAKING Beginning at the northeast corner of the following described tract. Beginning at the northeast corner of northeast quarter of southeast quarter of northwest quarter of Section 24, Township 27 north, Range 3 E, W.M., thence south along the east line for 349.50 feet; thence south €39013' West 316.8 feet to an existing fence; thence north parallel to the east line of said subdivision 22 feet; thence north 89°40'38" W to the east line of the west half of said northeast quarter of southeast quarter of the northwest quarter; thence N0009118"West 333.75 feet, more or less, to the north line of said northeast quarter of the southeast quarter of the northwest quarter; thence east along the north line to the point of beginning. Except road on north side commonly known as Casper Street, situated in Snohomish County, Washington; thence south to the southeast corner of said tract thence west 30 feet; thence north parallel to the east line of said tract to a point 15 feet south of the north line of said tract; thence northwesterly to a point on the north line of said tract at a distance of 45 feet west of the point of beginning; thence east to the point of beginning. 5