Ordinance 2141WDT/al
5/13/80
ORDINANCE NO. 2141
AN ORDINANCE VACATING A PORTION OF 98th
AVENUE WEST, NORTH OF STATE ROUTE 104,
IN THE CITY OF EDMONDS, WASHINGTON, SUB-
JECT TO THE ABUTTING PROPERTY OWNERS ON
THE EAST SIDE OF SAID STREET COMPENSAT-
ING THE CITY FOR APPRAISED VALUE OF THE
AREA IN THE AMOUNT OF $9,100 AND RETAIN-
ING AN EASEMENT AND RESERVING TO THE CITY
OF EDMONDS THE RIGHT TO EXERCISE AND
GRANT EASEMENTS THEREON FOR PUBLIC UTIL-
ITIES AND SERVICES.
WHEREAS, a petition to vacate a street was filed
with the City Council of the City of Edmonds, Washington,
signed by the owners of more than two-thirds of the property
abutting upon property dedicated for street purposes, being
a portion of 98th Avenue West, North of State Route 104 and
more particularly described below, and
WHEREAS, the City Council of the City of Edmonds
did by resolution no. 460 set the 4th of March, 1980 at the
hour of 8 PM for the hearing and determination on said
vacation, and
WHEREAS, said hearing was continued to March 18,
1980 at 8 PM, and
WHEREAS, it appears to the City Council that said
street should be vacated and the City Council does hereby
determine to vacate the same as hereinafter set forth, and
WHEREAS, the Council has determined to require the
property owners abutting on the East to pay the City the ap-
praised value of the East half of the street, and
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WHEREAS, an appraisal has been made of the East
half of the property and the owner abutting the area on the
east to be vacated has tendered the appraised amount to an
independent escrow agent, and
WHEREAS, the City Council finds that the proposed
street vacation will have no significant adverse environ-
mental impacts, in accordance with the findings of the
City's responsible official, now, therefore,
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON,
DO ORDAIN AS FOLLOWS:
Section 1. The following portion of 98th Avenue
West in the City of Edmonds, Washington, legally described
as set forth on Exhibit "A", attached hereto and incorporated
by this reference as if set forth in full, be and the same
is hereby vacated; provided, however, that the City of
Edmonds does hereby retain an easement and reserves the
right to exercise and grant easements in respect to the said
vacated land for the construction, maintenance and repair of
public utilities and services.
Section 2. The City Council acknowledges that the
property owner abutting on the East of the area to be vacated
has tendered the amount of $9,100, which is the appraised
value of the East half of the street being vacated.
Section 3. The City Clerk is hereby instructed to
cause a certified copy of this ordinance to be recorded with
the Snohomish County Auditor.
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Section 4. This Ordinance shall be in full force
and effect five (5) days after passage and publication by
posting as provided by law.
APPROVED:
MAYOR, H. H. HARRISON
ATTEST/AUTHENTICATED:
J
CITY CLERK, IRENE 37ARNEY MORAN
i
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
BY .—i
FILED WITH THE CITY CLERK: May 13, 1980
PASSED BY THE CITY COUNC . May 20, 1980
POSTED: May 21, 1980
EFFECTIVE DATE: May 27, 1980
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AMENDMENT TO OFFICIAL STREET MAP
VACATION OF A PORTION OF 98TH AVE. W. NORTH
OF S.R. 104s..,•CITY TO RETAIN EASEMENT IIN R/W4
CITY OF EDMONDS
RES. N0. 4�1; DATE 3/� ORD. N0. 2141 ATE5/2'%80
SHT. N0. I JOF OFFICIAL ST. MAP CITY OF EDMONDS
EXHIBIT A P9 I o f' Z
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PAGE 2OF2
EXHIBIT "A"
That portion of 93th Avenue [lest being 50 feet in width and
27/0 feet, more or less, in length, lying between the northerly
boundary of SR 104 and the southerly boundary of the plat of
01%-mpic Vie-.,? Estates No. 1, situate in Section 36, T27N, R4EI
Snohomish County, Washington.
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.
There is no official newspaper or other newspaper printed and
published within the City. In accordance with RCW 35A.12.160, on
the 21 day of May , 1980, affiant posted true and
correct copies of the attached Ordinance No. 2141 , passed by the
City Council on the 20 day of May , 1980, at the
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
Edmonds Branch of United States Post Office
201 Main Street
Edmonds, Washington 98020
DATED this 21 day of May , 1980 .
SUBSCRIBED AND SWORN to before me this K day of
19 PC).
Notary Public in and for the
State of ashington, residing
at