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Ordinance 1736ORDINANCE NO. 1736 AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, PROVIDING FOR THE ACQUISITION OF RIGHT-OF-WAY INCLUDING SLOPE EASEMENTS AND/OR LICENSES TO SLOPE FOR STREET PURPOSES FROM CERTAIN PARCELS OF PROPERTY; PROVIDING FOR THE AUTHORIZATION OF THE CITY ATTORNEY TO INITIATE PROCEEDINGS FOR CONDEMNATION, APPROPRIA- TION, TAKING AND DAMAGING OF LAND AND OTHER PROPERTY RIGHTS NECESSARY THEREFORE; DECLARING THE NECESSITY THEREFORE; 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 conven- ience, demand, and the City Council so finds, that the improvement of 220th Street S.W., from 84th Avenue West to the PUD right-of-way east of Highway 99, situate in the City of Edmonds and Snohomish County, Washington, by the construction of concrete sidewalks on each side of said street, drive or boulevard, standard curbs and gutters, by paving the said street, drive or boulevard 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 and the parcels described in Exhibit "A" is for right-of-way, slope easements or licenses to slope over, across, through and/or below a portion of said parcels as described. Section 2. All lands, rights, and privileges sought in the limits of the lots, blocks and tracts of land described hereinabove in Section 1 are hereby condemned, appropriated, taken and damaged for public use and necessity for street, drive or boulevard purposes; and all such land, rights, privileges,: and other property sought are to be taken, damaged and appropriated only after just compensation has been made or paid in 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 Number 8-1-139 (07) or such other funds including Local Improvement Districts as shall be designated or created by the City Council of the City of Edmonds. Section 4. The City Attorney is hereby authorized and directed to begin and prosecute the proceedings provided for by law to condemn, take, appropriate and damage the lands, rights, privileges, and/or 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 the 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 for by this ordinance. APPROVED: MAYOR ATTEST: WWWARIPM= Passed by the City Council: October 22, 1974 Filed with the City Clerk: October 18, 1974 Published: October 30, 1974 220th EXHIBIT "A" PARCEL NO. 3: BEFORE TAKING: Lot 7, Patricia Ann Park No. 3, according to the plat thereof as recorded in Volume 22 of Plats, page 16, records of Snohomish County, Washington. TAKING: An easement for purposes of sloping or in the alternative a license for construction of necessary cut and/or fill slopes on the south three feet of the above -described -real property., PARCEL NO. 5: BEFORE TAKING: Lot 14, Patricia Ann Park No. 3, according to the plat thereof as recorded in Volume No. 22 of Plats, page 16, records of Snohomish County, Washington. TAKING: An easement for purposes of sloping or in the alternative a license for construction of necessary cut and/or fill slopes, being a portion of the above described property, more particularly described as follows: Beginning at a point on the west line of said Lot 14, said point being 7 feet north of the S.W. corner of said lot; thence east parallel to the south line of Lot 14, a distance of 40 feet; thence southeasterly in a straight line to a point on the east lire of Lot 14, said point being 2 feet north of the south- east corner of said lot; thence south to said southeast corner; thence west to the southwest corner of Lot 14; thence north to the point of beginning, PARCEL NO. 9: BEFORE TAKING: The east 80 feet of the south 180 feet of the south 1/2, of the west 1/2, of the S.E. 1/4, of the S.W. 1/4, of the N.E. 1/4, of Sec. 30, Twp. 27 N, R 4 E, W.M.; less the south 30 feet, situate in Snohomish County, Washington. TAKING: An easement for purposes of sloping or in the alternative a license for construction of necessary cut and/or fill slopes on the south 5 feet of the above described property. PARCEL NO. 14: BEFORE TAKING: Lot 12, Blk. 2 of Hadley's Acres, according to the plat thereof as recorded in Volume 8 of Plats, page 30, records of Snohomish County, Wa . TAKING: An easement for purposes of sloping or in the alternative a license for construction of necessary cut and/or fill slopes on the south -three feet of the above -described real property. PARCEL NO. 29: BEFORE TAKING: Lot 4, Willer's Addition, according to the plat thereof as recorded in Volume 14 of Plats, pages 13 and 14, records of Snohomish County, Washington. TAKING: An easement for purposes of sloping or in the alternative a license for construction of necessary cut and/or fill slopes on the south four feet of the above -described real property. PARCEL NO. 34: BEFORE TAKING: Lot 9, Willer's Addition, according to the plat thereof, as recorded in Volume 14 of Plats, pages 13 and 14, Records of Snohomish County, Washington. TAKING: An easement for purposes of sloping or in the alternative a license for construction of necessary cut and/or fill slopes on the south four feet of the above -described real property. PARCEL NO. 35: BEFORE TAKING: Lot 10, Willer's Addition, according to the plat thereof as recorded in Volume 14 of Plats, pages 13 and 14, records of Snohomish County, Washington. TAKING: An easement for purposes of sloping or in the alternative a license for construction of necessary cut and/or fill slopes on the south five feet of the above -described real property. PARCEL NO. 37: BEFORE TAKING: The west one half of Tract 41, of Solner's Five Acre Tracts, according to the plat thereof as recorded in Volume 7 of Plats, Page 25, records of Snohomish County, Washington, EXCEPT the following: Beginning at the intersection of the south line of said tract with the westerly margin of State Road 1; thence west along said south line 110 feet; thence northeasterly parallel with said westerly margin 191.42 feet; thence east parallel to said south line 110 feet to :-he intersection with said westerly margin; thence southwesterly along said westerly margin 191.42 feet to the Point of Beginning, and also EXCEPT State Highway. -2- TAKING: An easement for purposes of sloping or in the alternative a license for construction of necessary cut and/or fill slopes on the south 25 feet of the above -described real property. PARCEL NO. 38: BEFORE TAKING: The West half of Tract 41, Solner's Five Acre Tracts, according to plat thereof recorded in Volume 7 of Plats, page 25, records of Snohomish County, Washington. TAKING: An easement for purposes of sloping or in the alternative a license for construction of necessary cut and/or fill slopes, being a portion of the above -described property, more particularly described as follows: Beginning at the intersection of the south lime of said tract with the westerly margin of State Road No. 1; thence west along said south line 110 feet; thence northeasterly parallel with said westerly margin 191.42 feet; thence east parallel with said south line 110 feet to an intersection with said westerly margin; thence southwesterly along said westerly margin 191.42 feet to the point of beginning. PARCEL NO. 38: BEFORE TAKING: Tract 41, Solner's Five Acre Tracts, according to plat thereof, recorded in Volume 7 of Plats, page 25, records of Snohomish County, Washington. TAKING: Fee title to the following described real property: That portion of Tract 41, Solner's Five Acre Tracts, according to the plat thereof recorded in Volume 7 of Plats, on page 25, records of Snohomish County, Washington, described as follows: Beginning at the intersection of the westerly margin of SR 99 (a right-of-way, 100 feet in width) with the north margin of 220th Street S.W. (a right -Of -way, 60 feet in width); thence N89°07'21"W, along the north margin of 220th Street S.W., a distance of 10.31 feet; thence NO°52'39°'E a distance of 4.00 feet to an intersection with a curve having a radius of 13.00 feet, from which intersection the radius point of said curve bears NO°52'39"E; thence easterly along the arc of said curve and consuming a central angle of 65°09'30", an arc distance of 14.78 feet; thence S64°16'51"E, a distance of 3.50 feet to an intersection with the westerly margin of SR 99; thence S25°43109"W, along the westerly margin of SR 991 a distance of 11.09 feet to the point of beginnings PARCEL NO. 42: BEFORE TAKING: That portion of the northwest quarter of the southwest quarter of Section 29, Township 27 North, Range 4 East, W.M., situate in Snohomish County, Washington. TAKING: An easement for purposes of sloping or in the alternative a license for construction of necessary cut and/or fill slopes being a portion of the above described property, more particularly described as follows: That portion of the northwest quarter of the southwest quarter of Section 29, Township 27 North, Range 4 East, W.M., in Snohomish County, Washington, described as follows: Beginning at the intersection of the westerly margin of SR99 (a right-of- way, 100 feet in width) with the south margin of 220th Street S.W. (a right-of-way, 60 feet in width); thence N89007'21"W, along the south margin of 220th Street S.W., a distance of 26.05 feet; thence S0052139"W; a distance .of.4.00'feet to an inter- section with a•curve having a radius of 13.00 feet, from which intersection the radius point of said curve bears S005239"W; thence easterly, along the arc of said curve and consuming a central angle of 114°50'30", an arc distance of 26.06 feet; thence S64016'51"E, a distance of 3.50 feet to an intersection with the westerly margin of SR99; thence N25043109"E, along the westerly margin of SR99, a distance of 26.37 feet to the Point of Beginning. PARCEL NO. 43: BEFORE TAKING: (RT-1) That part of the West 1/2, NE 1/4,NW 1/4, SW 1/4, Section 29, Township 27N, Range 4E, W.M., lying West of State Road, less North 30 feet; Also less commencing at the Northwest -corner of the NW 1/4, of the SW 1/4 of said Section 29; thence S 89006117"E, along the North line thereof 781.83 feet; thence S 25044100"W, 33.06 feet to the True Point of Beginning; thence continue S 25044100"W, 125 feet; thence S 44017'12"E 57.93 feet; thence S 25144100"W, 30 feet; thence S 89"06117"E, 60 feet to the West margin of Highway 99; thence N 25044'00"E, along said margin 200 feet to the South margin of 220th St. S.W.; thence N 89006'17"W, along said margin 120 feet to the True Point of Beginning. TAKING: An easement for purposes of sloping or in the alternative a license for construction of necessary cut and/or fill slopes on the north four feet of the above -described real property. PARCEL NO. 44: BEFORE TAKING: (RT-2) The South 300 feet of the North 330 feet of the East 1/2, of the NW 1/4, of the NW 1/4, of the SW 1/4, Section 29, Township 27N, Range 4E, W.M., less the West 112.87 feet. TAKING: An easement for purposes of sloping or in the alternative a license for construction of necessary cut and/or fill slopes on the north sip: feet of the above -described real property. PARCEL NO: 45: BEFORE TAKING: The south 300 feet of the north 330 feet of the west 112.87 feet of the east 1/2 of the northwest 1/4, of the northwest 1/4, of the southwest 1/4, Section 29, Township 27N, R4E, V.M. TAKING: An easement for purposes of sloping or in the alternative a license for construction of necessary cut anal/or fill slopes on the north four feet of the above -described real property. PARCEL NO. 49: BEFORE TAKING: The east 104 feet of the north 1/2 of the north 1/2 of Lot 1, Hadley°s Acres according to the plat thereof recorded in Volume 8 of Plats, page 30, records of Snohomish County, Washington. TAKING: An easement for purposes of sloping or in the alternative a license for construction of necessary cut and/or fill slopes on the north three feet of the above -described real property.