Ordinance 26200006-19157
ATT00007O
05/14/87
WSS/imm
R: 05/20/87
ORDINANCE NO. 2620
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, VACATING A PORTION OF THE PLATTED
BUT UNBUILT RIGHT-OF-WAY OF 7TH AVENUE SOUTH,
IMMEDIATELY SOUTH OF ITS INTERSECTION WITH FIR
STREET, AND FIXING A TIME WHEN SAME SHALL
BECOME EFFECTIVE.
WHEREAS, pursuant to ordinance and statute, the City
Council of the City of Edmonds, Washington, has held a public
hearing to consider the proposed vacation (ST-4-86) of that
portion of the right of way of 7th Avenue South lying immediately
south of its intersection with Fir Street, and
WHEREAS, pursuant to the findings of the City's
responsible official, the City Council finds that there will be
no signficant environmental impact,
WHEREAS, this Council has received the findings and
recommendations of his hearing officer, and based thereon, as
well as based upon the testimony derived at the hearing before
the City Council, finds that the property is surplus to the needs
of the City and should be vacated subject to the conditions
contained in this ordinance and in exchange for certain
dedications to public use, NOW THEREFORE,
FOLLOWS:
THE CITY COUNCIL OF EDMONDS, WASHINGTON, DO ORDAIN AS
Section 1. That the following described easement
previously dedicated for street purposes is hereby vacated
reserving to the City and its franchisees a surface and
subsurface utility easement, pedestrian easement and right of
passage, and easement for construction and maintenance of such
reserved uses. Said easement is located within the City of
Edmonds, Snohomish County, Washington, and is described as the
right-of-way of Seventh Avenue South, lying immediately south of
its intersection with Fir Street, shown and legally described on
the attached Exhibit A, incorporated by this reference as fully
herein set forth, Provided, However, that this vacation is
expressly conditioned upon the dedication of certain lands to
public use, in order to establish a turnaround at the terminus of
Seventh Avenue South immediately south of and adjacent to the
vacated right of way. Said property to be dedicated to public
use is shown on attached Exhibit B, and by this reference is
incorporated in herein as fully as if herein set forth.
Section 2. The City Clerk is hereby directed to file a
certified copy of this Ordinance with the Snohomish County
Auditor simultaneous with Deeds of Dedication with the current
owners of the properties shown on attached Exhibit B, upon
acceptance of the same by the City Council. The Community
Services Director or his designee is hereby instructed to amend
the Comprehensive Street Plan to reflect the vacation and
dedication.
Section 3. This ordinance, being an exercise of a power
specifically delegated to the City legislative body, is not
- 2 -
subject to referendum, and shall take effect :give (5) days after
passage and publication.
APPROVED:
ATTEST/AUTHENTICATED:
'� z � x � �L �
CIT CLERK, JACQUELINE G. PARRETT
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
ry
BY
FILED WITH THE 6TY CLERK: May 19., 1987
PASSED BY THE CITY COUNCIL: May 19, 1987
PUBLISHED: June 1, 1987
EFFECTIVE DATE: June 6, 1987
ORDINANCE NO. 2620
— 3 —
EXHIBIT A
That portion of the undeveloped right-of-way of 7th Avenue South as
follows:
The northerly 120' of 7th Avenue South, lying south of Fir Street and
north of Elm Street; adjacent to Lot 1, Block 8 and Lot 10, Block 9 of
Yost's First Addition to Edmonds in Section 25, Township 27, North,
Range 3 East, W.M. Situate in the County of Snohomish, State of
Washington
EXHIBIT B
. R/w ro BE Baca rEo
❖ ,,tip,;.,.,.,..
Affidavit of Publication
STATE OF WASHINGTON, ss
COUNTY OF SNOHONIISH,
ORDINANCE NO.'2620
AN ORDINANCE OF THE
WTY. OF
ASHINGTON EV CAT NG The undersigned, being first duly sworn on oath deposes and says
A PORTI04 OF THE
RIGHT ODF-WAY OFB LT 7ITH that she is Principal Clerk of THE HERALD, a daily newspaper
AVENUE SOUTH, IMMEDI-
ATELY SOUTH IT ITS
FIR printed and published in the City of Everett Count of Snohomish,
INTERSECTION WITH FIR I 1� p Y � Y
STREET AND FIXING A
TIME WHEN SAME SHALL BECOME EFFECTIVE. and State of Washington; that said newspaper is a newspaper of
ordinanceEonsd.statuteuthe City' general circulation in said County and State; that said newspaper
Council of has heldba public
hearing lo. consider the I has been approved as a legal newspaper, by order of the Superior
proposed vacationST-4.86) of '
that portion of the rSght of way Court of Snohomish County and that the notice ........................................
of 7th Avenue south lying
Immediately south of Its Inter-
section with Fir Street, and -
WHEREAS, pursuant to the
findings of the City's responsible i 7_• '
official, the City Council finds ..................................
that there will be no significant
environmental Impact,
WHEREAS this Council has
.received the findings and
recommendations of his hearing.....................................................................................................................................
officer, and based thereon, as
well as based upon the testl.
many derived at the hearing
before the City Council, finds
thatthe property Is surplus to.....................................................................................................................................
the needs of the CI}y and should
be vacated subject to the condi- a printed copy of which is hereunto attached, was published in said
tions contained in this ordinance
and In exchange for certain
dedications to public use, Now newspaper proper and not in supplement form, in the regular and
THEREFORE
THE ONCIL OF I
EDMONDS TWASHIINGTONDO entire edition of said paper on the following days and times, namely:
ORDAIN A6 FOLLOWS: ,
Section 1. That the following
described easement previously
dedicated for street purposes is
hereby vacated reserving to the -
City and Its franchisees a ....... r........l...S�.`....'.:::..i:......c�..'..-::.��...`.......... �-;. ,y
surface and subsurface utility
easement, pedestrian easement
and right of passagge, and
easement for construction and
maintenance of such. reserved..................•-•--...........----..---........-----.--.........................................
uses. Sold easement is located �'
within the City of Edmonds
Snohomish County, Woshington,,
I and that said newspaper was regularly distributed to its subscribers
and is described as the right-of-
way of Seventh Avenue south, during all of said period.
lying Immediately south of Its
intersection with Fir Street, =
shown and legally described on the atfached Exhibit A, Incorpo-
rated by this reference as fully -
herein set forth, Provided, .............. '-Y .:y�.... r .. ......... ........-- ,,. ...... ..........
However, that this vacation is �L Principal Clerk
!.expressly conditioned upon the
dedication of certain lands to
public use, in order to establish
a turnaround at the terminus of ✓
Seventh Avenue South Immedi- Subscribed and sworn to before me this.... . �;..................
- - ately south of and adjacent to -
the vacated right of woY. Said
Property to be dedicated to
public use is shown on attached
- Exhibit B, and by this reference - _ ,,,,,,,,,,,,,,,,,,,,,,,,,,,
Is Incorporated in herein as fully
day of ......... .. .......................... 19......:..
as if herein set forth.
Section 2, The City Clerk Is /
he7bb�'tcted to fie a certl-
fled cop of this Ordinance with _ _ _ L-- L'e�-.......----6,,,,,,,,, ,,,,,,,;"-�%`sxJ"••--i!. .:4��,�.....
-the Sno om my Audito """""""'"' L
simultaneous with Deeds of Np a�y Public�in and for the State of Washington,
Dedication with the current
owners of the properties shown - r i ing at E erett, Snohomish County.
on attached ExhibitW B,L upon I
Passage
APPROVED AS TO FORM:
OFFICE.OF THE CITY ATTOR-
NEY:
BY W. SCOTT SNYDER
FILED WITH THE CITY CLERK:
May 19 1987..
PAY99D BY THE CITY
COUNCIL:
EFFECTIVE DATE: June 6, 1987.
ORDINANCE NO. 2620
EXHIBIT A
8 - 2 That portion of the undevel-
oped right-of-woy of 7th
fashington has held a public
oaring to. considgr the
roposed vocallon (ST-4-li6) of
received the findings and
recommendations of his hearing
officer, and based thereon, as
well os based upon the tests.
on derived at the hearing
before the Clty Council, finds
that the property is surplus to
the needs of the Cl}y and should
be vacated subject to the condl-
tions contained In this ordinance
and in exchange for certain
dedications to public use, NOW
THEREFORE
THE CITS' COUNCIL OF
EDMONDS WASHINGTON, DO
ORDAIN ASr FOLLOWS:
Section 1. That the following
de cs r=e easement previously
dedicated for street purposes is
hereby vacated reserving to the
City and Its franchisees a
surface and subsurface utility
easement, pedestrian easement
and right of passage, and
easement for construction and
maintenance of such reserved
uses. Sold easement is located
within the City of Edmonds,
Snohomish County, Washington; I
and is described as the right-of-
way of Seventh Avenue South,
lying Immediately south of Its I
Intersection with Fir Street,
shown and legally described on
the attached Exhibit A, Incorpo-
rated by this reference as fully
Is Incorporates In herein as fully
as If herein set forth.
Section 2. The City Clerk is
here cted to file a certi-
fled copy of this Ordinance with
the--6nehomish-- County—Audifor
simultaneous with Deeds of
Dedication with the current
owners of the properties shown
on attached Exhibit B, upon
acceptance of the some by the
City Council. The Community
Services Director or his deslg.
nee Is hereby Instructed to
amend the Comprehensive
Street Plan to reflect the
vacation and dedication.
Section 3. This ordinance,
be ercise of a power
specifically delegated to the City
legislative body, is not subject to
referendum and shall take
effect five I$$ days after passage
APPROVED AS TO FORM:
OFFICE. OF THE CITY ATTOR.
NEY:
BY W.-SCOTT SNYDER
FILED WITH THE CITY CLERK:
May 19 1987.
PASSED BY THE CITY
COUNCIL:
EFFECTIVE DATE: June 6, 1987.
ORDINANCE NO. 2620
EXHIBIT A
B - 2 That portion of the undevel-
oped right-of-way of 7th
Avenue South as follows:
The .northerly 120' of 7th
Avenue south. lvina south of
LOST, W.M. JlTuafe
County of Snohomis
of Washington,
EXHIBIT B
has been approved as a legal newspaper, by order of the Superior
Court of Snohomish County and that the notice........................................
.............................................................................................................' •"--'..
a printed copy of which is hereunto attached, was published in said
newspaper proper and not in supplement form, in the regular and
entire edition of said paper on the following days and times, namely:
! f; s i �•;' �!
.......,:......fit _ --
•.. ...........................................................................................................................
and that said newspaper was regularly distributed to its subscribers
during all of said period.
............................................................ ......................
Principal Clerk
rr.
/'. f'
Subscribed and sworn to before me this ....:......................
i
]bite 'n and for the State of Washington,
t E; erett, Snohomish County.
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