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Ordinance 26300006.99999/WSS50074a WSS:rds 07/06/87 ORDINANCE NO. 2630 AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, VACATING A PORTION OF THE UNDEVELOPED RIGHT OF WAY OF 1ST AVENUE SOUTH LYING SOUTH OF STATE ROUTE 104, AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. WHEREAS, pursuant to ordinance and statute, the City Council of the City of Edmonds, Washington, held a public hearing to consider the proposed vacation (ST-2-87) of that portion of the undeveloped right of way of lst Avenue South lying south of State Route 104, and WHEREAS, pursuant to the findings of the City's Responsible Official, the City Council finds that there will be no significant adverse environmental impacts, and WHEREAS, the Council found at the conclusion of said public hearing based upon the findings and recommendations of its hearing officer and upon the testimony derived at the hearing that the property should be vacated upon payment of 100% of the assessed valuation of said property. The Council hereby adopts the Findings of Fact and Conclusions contained in the Hearing Examiner's recommendation and additionally finds that the right of way was dedicated by the predecessor in title of the applicant from the tract of land which applicants now own. THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. That the following described easement previously dedicated for street purposes is hereby vacated. Said easement is located within the City of Edmonds, Snohomish County, Washington, and is described as the right of way of lst Avenue South lying south of State Route 104, as shown and legally described on Exhibit A attached hereto and incorporated by this reference as if fully herein set forth, Provided, that this vacation is conditioned upon the payment of compensation to the city equal to 1000 of the assessed valuation on a per square foot basis of the applicant's property. Said vacation shall be in favor of the applicant, Seawood Homes, Inc. Section 2. The City Clerk is hereby directed to file a certified copy of this ordinance with the Snohomish County Auditor upon proof of payment of said compensation. Section 3. This ordinance, being an exercise of a power specifically delegated to the City legislative body, is not subject to referendum, and shall take effect five (5) days after passage and publication. APPROVED: MAYOR, NAUGHTEN ATTEST/AUTHENTICATED: t � ITY CLERK, JACQUELINE G. PARRETT /Z/ X�4 APPROVED OF THE CITY ATTORNEY: OFFICE OF THE CITY ATTORNEY: BY '1 FILED WITH THE ITV CLERK: July 14, 1987 PASSED BY THE CITY COUNCIL: August 4, 1987 PUBLISHED: August 9, 1987 EFFECTIVE DATE: August 14, 1987 ORDINANCE NO. 2630 2 - That portion of Edmonds, Washington page 13, records of follows: EXHIBIT A the original Plat of the South Park Addition to according to the plat thereof, recorded in Vol. 8, Snohomish County, more particularly described as Commencing at the Northwest corner of Lot 9, Block 4, South Park Addition, the True Point of Beginning; thence Northerly along the East boundary of First Street South to the intersection with the Southerly boundary of SR-104; thence Northwesterly along the Southerly boundary of SR-104 to the intersection with the West boundary of First Street South; thence Southerly along the West boundary of First Street South to the intersection of'the North line of Lot 9 produced Westerly; thence Easterly to the Northwest corner of Lot 9, the True Point of Beginning. EXHA/TXTST530 EXHIBIT A STATE OF WASHINGTON, COUNTY OF SNOHOMISH, ;ST 2 87) of j indeveloped tenue South Route lo4,.' way a, Inc. he City Clerk' Is d to fie a certi- s ordinance with County Auditor payment of sold and shall take I days_after passage on. €o: >.NAUGHTEN rHENTICATED- E G: PARRETT OF THE; ACITY. HE CITY -SNYDER THE CITY CLERK' Y THE 'CITY' 3ust Al 1987, DATEi AugUst:-,14j 40.2630 gust 14 1987.E Affidavit of Publication The undersigned, being first duly sworn on oath deposes and says that she is Principal Clerk of THE HERALD, a daily newspaper printed and published in the City of Everett, County of Snohomish, and State of Washington; that said newspaper is a newspaper of general circulation in said County and State; that said newspaper has been approved as a legal newspaper by order of the Superior Court Snohomish County and that the notice ..................--'--'--.............l........------'--... --•-- .............................. .....-----•--........-•.................................................................•----.....--•--'.............................. ............................................. .—' ---' --. --- •................................... ---.................... ------' --....... 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: h J I ..................•---•--.....---•----------..............-----....................................................................... and that aid newspaper was regularly distributed to its subscribers during, adl of said period. Principal Clerk Subscribed an/7�Jworn to before me this..................... la!/'I c fy •.... y..................... ..-• ----ram ......:�.. .............. .. ........... ..- Notar ublic in and for the State of Washington, resi 'n at Everett, Snohomish County. B - 2 - I