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Ordinance 2119ORDINANCE NO. 2119 AN ORDINANCE APPROVING AND CONFIRMING THE FINAL ASSESSMENT AND ASSESSMENT ROLL OF SIDEWALK IMPROVE- MENT DISTRICT NO. SID-1-79, WHICH HAS BEEN CREATED AND ESTABLISHED FOR THE PURPOSE OF PAYING THE COST OF IMPROVING CERTAIN PROPERTY ALL IN THE CITY OF EDMONDS, WASHINGTON, BY THE CONSTRUCTION OF CON- CRETE SIDEWALKS, RETAINING WALLS AND ROCKERIES AND NECESSARY GRADING AND BASE PREPARATION AND RELATED WORK NECESSARY TO MAKE A COMPLETE IMPROVEMENT IN ACCORDANCE WITH CITY STANDARDS, PURSUANT TO RESOLUTION OF INTENTION NO. 440, AND AS PROVIDED BY ORDINANCE NO. 2077, LEVYING AND ASSESSING THE AMOUNT THEREOF AGAINST THE SEVERAL LOTS, TRACTS, PARCELS OF LAND AND OTHER PROPERTY SHOWN ON SAID ROLL. WHEREAS, the assessment roll levying the special assess- ments against the properties located in Sidewalk Improvement District No. SID-1-79, in the City of Edmonds, Washington, created under Ordinance No. 2077, was filed with the City Clerk of the City of Edmonds as provided by law, and WHEREAS, notice of the time and place of hearing there- of and of making objections and protests to said roll was duly published at and for the time and manner provided by law, fixing the time and place of hearing thereon for the 19th day of February, 1980, at the hour of 8:00 p.m. in the Council chambers of the Civic Center of Edmonds, Washington, and further notice thereof was duly mailed by the City Clerk to each property owner on said roll, and WHEREAS, at the time and place fixed and designated in said notice, the hearing on said assessment roll was duly held and all written and oral protests received were duly considered -1- and all persons appearing at said hearing were heard, now, therefore, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. The assessments and assessment roll of Sidewalk Improvement District No. SID-1-79, which has been created and established for the purpose of paying the cost of the construction of concrete sidewalks, retaining walls or rockeries, necessary grading and base preparation, and related work necessary to make a complete improvement in accordance with City standards on the real property set forth on Exhibit "A" attached hereto and by this reference incorporated herein as if set forth in full, all pursuant to Resolution of Intention No. 440, and as provided in Ordinance No. 2077, as the same now stands, and the same are hereby in all things and respects approved and confirmed. Section 2. Each of the lots, tracts, parcels of land, and other property shown on said roll is hereby determined and declared to be specially benefited by said improvement in at least the amount charged against the same and the assessment appearing on the same is in proportion to the several assessments appearing on the said roll. There is hereby levied and assessed against each lot, tract, parcel of land and other property appearing upon said roll the amount finally charged against the same thereon. -2- Section 3. The assessment roll as approved and con- firmed shall be filed with the Finance Director of the City of Edmonds, Washington, for collection and said Finance Director is hereby authorized and directed to publish notice as required by law stating that the said roll is in his hands for collection and that payment of any assessment thereon or any portion of said assessment can be made at any time within thirty days from the date of the first publication of said notice without penalty, interest or costs, and that thereafter the sum remaining unpaid may be paid in 10 equal annual installments with interest thereon hereby fixed at the rate of 7; % per annum. The first install- ment of assessments on said amended assessment roll shall become due one year after the date of first publication by the Finance Director of notice that the assessment roll is in his hands for collection and annually thereafter each succeeding installment shall become due and payable in like manner. If the whole or any portion of the assessments remains unpaid after the first thirty day period, interest upon the whole unpaid sum shall be charged at the rate of 71-2 % per annum and each year thereafter one of said installments, together with interest due on the whole of the unpaid balance, shall be collected. Any installment not paid prior to the expiration of the said thirty day period during which such installment is due and payable shall thereupon become delinquent. All delinquent installments shall be subject to a -3- charge for interest at 72 % per annum and for an additional charge of 5% penalty levied upon the principal due upon such installment or installments. The collection of such delinquent installments will be enforced in the manner provided by law. APPROVED: MAYOR, H. H. HARRISON ATTEST/AUTHENTICATED: CITY CLERK, IREN VARNEY MORAN APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: FILED H THE CITY CLERK: February 12, 1980 PASSED BY THE CITY COUNCIL: February 19, 1980 POSTED: February 20, 1980 EFFECTIVE DATE: February 25, 1980 PUBLISHED: February 25, 1980 —4— EXHIBIT "A" LEGAL DESCRIPTION FOR SID-1-79 Beginning at a point at the southeast corner of the intersection of Fifth Avenue South and Walnut Street; thence westerly along + the souther boundary of Walnut Street a distance of 182.71 feet to the Northwest corner of Lot 1, Block 3, of the unrecorded'Plat of Olympic View; thence southerly along the western boundary of the said Lot 1, Block �, of the unrecorded Plat of Olympic View a distance of 70 feet thence easterly along the southern boundary. of said Lot 1, Block 3, of the unrecorded Plat of Olympic View a distance of 122.71 feet f to the southeast corner of said Lot 1, and the western boundary of Fifth Avenue South; thence southerly along the western boundary of Fifth Avenue South to the northeast corner of Lot 12, Block 2, City Park Addition to Edmonds; thence westerly along the nothetn boundary of said Lot 12 Block 2, City Park Addition to Edmonds a distance of 122.0 feet -F to the northwest corner of said Lot 12; thence southerly along the western boundary of said Lot 12, a distance of 56.0 feet f; thence easterly alon the southern boundary of said Lot 12, a distance of 122.0 feet to the southeast corner of said Lot 12 and the western boundary of Fifth Avenue South; thence southerly along the western boundary of Fifth Avenue South to the northeast corner of Lot 8, Block 2, City Park Addition to Edmonds; thence westerly al�ng the northern boundary of said Lot 8, a distance of 122.0 feet - to the northwest corner of said Lot 12; thence southerly along the western boundary of said Lot 8 and Lot 7, lock 2, City Park Addition to Edmonds, a distance of 120.0 feet - to the southwest corner of said Lot 7; thence easterly along the southern boundary of said Lot 7 a distance of 122.0 feet ± to the southeast corner of said Lot 7 and the western boundary of Fifth Avenue South; thence southerly along the western boundary of Fifth Avenue South to the northeast corner of Lot 1, Block 1, South Park Addition to Edmonds; thence westerly al�ng the northern boundary of said Lot 1 a distance of 135.0 feet - ; thence southerly parallel to the western boundary of Fifth Avenue South a distance of 234.0 feet ± to a point on the southern boundary of Lot 2, Block 1, South Park Addition to Edmonds; thence easterly along the southern boundary of said Lot 2 a distance of 135.0 feet I to the southeast corner of said Lot 2 and the western boundary of Fifth Avenue south; thence southerly along the western boundary of Fifth Avenue South to a point on the eastern boundary of Lot 8, Block 1, South Park Addition to Edmonds and the intersec- tion of the westerly extension of the northern boundary of Elm Way; thence easterly along the extension of the northern boundary of E1� Way and the northern boundary of Elm ?lay a distance of 292.0 feet - thence northerly parallel to the eastern boundary of Fifth Avenue South a distance of 80.36 feet - thence westerly parallel to the northern boundary of Elm Way a distance of 232.0 feet parallel the eastern boundary of Fifth Avenue South and a point 80.36 feet - northerly from the northern boundary of Elm Way; thence northerly along the eastern boundary of Fifth Avenue South to a point which is 166.0 feet f southerly from the southern boundary of Forsyth Lane; thence easterly a distance of 140.0 feet I parallel to the southern boundary of Forsyth Lane; thence northerly a distance of 166.0 feet ± parallel to the eastern boundary of Fifth Avenue South to a point �n the southern boundary of Forsyth Lane; thence westerly 140.0 feet - along the southern boundary of Forsyth Lane to the southeast corner of the intersection of Fifth Avenue South and Forsyth Lane; thence northerly along the easterly boundary of Fifth Avenue South to the northeast corner of the intersection of Fifth Avenue South and Hemlock Way; thence easterly along the northern boundary of Hemlock Way a distance of 120.0 feet f ; thenc northerly parallel to Fifth Avenue South a distance of 448.1 feet to northeastern corner of Lot 11, Replat of. Homeland Addition; thence easterly parallel to the northern boundary of Homeland Drive a distance of 70.0 feet f ; thence northerly parallel to the eastern boundary of Fifth Avenue South a distance of 57.0 feet thence westerly parallel to the northern boundary of Homeland Drive a distance of 55.0 feet *-; thence northerly parallel to the eastern boundary of Fifth Avenue South to+a point on the northern boundary of Holly Drive being 135.0 feet - easterly of the eastern boundary of. Fifth Avenue South when measured along the northern boundary of Holly Drive; thence easterly parallel to and along the northern boundary of Holly Drive a distance of 18.0 feet t; thence northerly parallel to the eastern boundary of Fifth Avenue South a distance of 99.0 feet ; thence westerly parallel to Holly Drive a distance of 147.0 feet ± to the eastern boundary of Fifth Avenue South; thence northerly along the eastern boundary of Fifth Avenue South to the point of beginning described as being the southeast corner of the intersection of Fifth Avenue South and Walnut Street. 1/15/80 DJ:jak , t AFFIDAVIT OF POSTING ORDINANCE STATE OF WASHINGTON ) ) ss: COUNTY OF SNOHOMISH ) IRENE VARNEY MORAN , being first duly sworn on oath deposes and says that S he is over the age of eighteen (18) years and is competent to testify as to the matter stated herein. On the 20 day of February , 198 0 , affiant posted true and correct copies of the attached Ordinance No. 2119 , passed by the City Council on the 19 day of February , 198 0, at the three official posting places for City notices which are the public bulletin boards at the following locations: Edmonds Civic Center 250 Fifth Avenue North Edmonds, Washington 98020 Edmonds Public Library Civic Center 250 Fifth Avenue North Edmonds, Washington 98020 Edmond Branch of the United States Post Office 201 Main Street Edmonds, Washington 98020. DATED this 20 day of February , 1980 . SUBSCRIBED AND SWORN to before me this ,26 day of 198 to y Public in and for the State of Washington, residing at