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Ordinance 29730006.030.004 WSS:are 12/16/93 rev: 01/24/94 ORDINANCE NO. 2973 AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, CLARIFYING THE PROVISIONS OF ORDINANCE 2632 VACATING A 120 BY 15 FOOT SECTION OF AN ALLEY AND FIXING THE TIME WHEN THE SAME SHALL BECOME EFFECTIVE. WHEREAS, an alley was created pursuant to the original plat of the City of Edmonds, Plat No. 4342 recorded Volume 2 of Plats, Page 39 of the records of Snohomish County, Washington, and WHEREAS, the alley lying between Lots 1-4 and Lots 37-40 of Block 122 of said plat in the City of Edmonds was dedicated in such plat with a 15-foot width, and WHEREAS, Ordinance 2632 vacated a 120-foot section of said alley as shown on Exhibit A to the map to said Ordinance, and WHEREAS, however, the Ordinance in its heading referred to a 1120"-foot width of the alley, thereby creating an ambiguity, and WHEREAS, the City of Edmonds through its City Council intended to vacate a 120-foot strip of alley as originally dedicated; the City cannot vacate or effect rights regarding land when it does not possess an interest in the land, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON DO ORDAIN AS FOLLOWS: WSS63230.1 - 1 - Section 1. Ordinance 2632 is hereby clarified and, to the extent necessary, amended to specify that the vacation made pursuant to said ordinance effects a 120-foot length of alley 15 feet in width lying between Lots 1-4 and Lots 37-40 of Block 122 of said plat in the City of Edmonds, all as originally shown and dedicated on the original plat of the City of Edmonds, Plat No. 4342, Volume 2 of Plats, page 39 of the Records of Snohomish County, Washington. Section 2. Effective Date. 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 of an approved summary thereof consisting of the title. APPROVED: YOR M. HALL ATTEST/AUTHENTICATE: CLERK, RHONDA J. MARCH APPROVED AS TO FORM: OFFICE F T CIT TTORNEY: BY W. SCOTT SNYDER FILED WITH THE CITY CLERK: 01/24/94 PASSED BY THE CITY COUNCIL: 02/01/94 PUBLISHED: 02/06/94 EFFECTIVE DATE: 02/11/94 ORDINANCE NO. 2973 WSS63230.1 -2- STATE OF WASHINGTON, J COUNTY OF SNOHOIYISH, J} nonce nary of wd- of this e mailed upon Ind day of MARCH gory 6, 1"4. 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 of Snohomish County and that the notice ................... ._.__._-_-- Summary of Ordinance No. 2973 ......................................-•----•-----------------------•--------- ___City--of Edmonds - --------------------------------•------------------------------------------- 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: .. E e.bxiu.a ry ... 6...... 99-4-----•-----------------------------•------------------------------------•-•----• ----- - -- ------------•--------------•-----•----------------------------• .................................................. and that said -newspaper was regularly distributed to its subscribers during .a1.1 of said/period. Principal Clerk Lam( Subscribed and sworn to before me this ........ T th.__._...---- da of....--- -•--.......-Eebr-.ar ... 1994... ---•-------------•---•-- --- -...--------• ---%fothe ---------------------- ............. Notary Public in anate of Washington, residing atEverett,County. U F'OVA SNt B - 2 - I