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Ordinance 2237WDT/trs 9/28/81 ORDINANCE NO. 2237 AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, ORDERING THE IMPROVEMENT OF CERTAIN PROPERTY IN THE CITY OF EDMONDS BY INSTALLATION OF SANITARY SEWERS, SURFACE WATER COLLECTION FACILITIES, GROUND WATER DRAINAGE FACILITIES AND INTERCEPTOR DRAINS, LIFT STATIONS AND FORCE MAINS, AND ALL NECESSARY APPURTENANCES, INCLUDING PIPES, VALVES, FITTINGS, MANHOLES, SURFACE GRADING AND REPLACEMENT OF PAVEMENT WHERE NECESSARY TO MAKE A COMPLETE IMPROVEMENT IN ACCORDANCE WITH CITY STANDARDS; CREATING AN ASSESSMENT DISTRICT BEING LOCAL IMPROVEMENT DISTRICT NO. 210; PROVIDING THE METHOD OF ASSESSMENT OF SAID DISTRICT; PROVIDING THAT PAYMENT OF SAID IMPROVEMENT BE MADE BY SPECIAL ASSESSMENTS UPON THE PROPERTY IN SAID DISTRICT, PAYABLE BY THE MODE OF "PAYMENT BY BONDS" PROVIDED THAT THE CITY OF EDMONDS WILL PAY AN AMOUNT UP TO $255,000 FOR SURFACE WATER COL- LECTION FACILITIES AND THAT FIFTY PERCENT OF THE SANITARY SEWER COSTS UP TO APPROXIMATELY $1,115,250 SHALL BE PAID BY STATE GRANT MONIES AND /OR OTHER FUNDS; PROVIDING FOR THE ISSUANCE AND SALE OF LOCAL IMPROVEMENT DISTRICT WARRANTS AND LOCAL IMPROVEMENT DISTRICT BONDS: CREATING A SPECIAL IMPROVEMENT FUND, DISTRICT NO. 210; AND FINDING THAT SUCH IMPROVEMENT IS NECESSARY FOR THE PROTECTION OF THE PUBLIC HEALTH AND SAFETY. WHEREAS, by Resolution of Intention No. 260, adopted on July 28, 1981, the City Council of the City of Edmonds, Washington, declared its intention to create a local improve- ment district as hereinafter set forth, and all work necessary to make a complate improvement in accordance with the plans and specifications prepared by the City Engineer, and WHEREAS, due notice of the hearing upon said Resolu- tion of Intention No. 260 was given in the manner as provided by law and such hearing was held by the City Council as afore- said, and all persons appearing at said hearing were heard, -1- and all written protests filed with the City Council on and before said date were duly considered and rejected by the City Council, and WHEREAS, the City Council has now determined it to be in the best interest of the City that said improvement as hereinafter described be carried out and that a local improve- ment district be created in connection therewith, now, therefore, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. The health officer of the City of Edmonds has filed with the City Council a report showing the neces- sity for the improvements described here, and the City Council of the City of Edmonds finds and herein recites that such improvements are necessary for the protection of the public health and safety. Section 2. The following property within the City of Edmonds, Washington, is hereby ordered to be improved by the installation of sanitary sewers, surface water collection facilities, ground water drainage facilities and interceptor drains, lift stations and force mains, and all necessary appurtenances, including pipes, valves, fittings, manholes, surface grading and replacement of pavement where necessary to make a complete improvement in accordance with City standards. The routes along which the said sanitary sewers are to be installed are set forth on Exhibit A, attached hereto and incorporated in full by this reference. The foregoing shall -2- be carried out in accordance with the maps, plans and specifi- cations prepared by Reid, Middleton and Associates, Inc., con- sulting engineers to said City. Copies of said maps, plans and specifications are on file in the office of the City Clerk and the same are hereby adopted. Section 3. There is hereby created and established a local improvement district, to be called "Local Improvement District No. 210," the boundaries of which are legally described on Exhibit B, a copy of which is attached hereto and by this reference incorporated herein as fi set forth in full. Section 4. The cost and expense of said improvement shall be assessed on all property in the district in accor- dance with the proportionate benefit ratio method of assessment as provided by law. Section 5. The estimated cost and expense of the said improvement is hereby declared to be $ 2,457,360.00 The entire cost and expense of said improvement, including all labor and materials required to make a complete improvement, all engineering, surveying, legal, inspection, ascertaining ownership of the lots or parcels of land included in the assessment district, advertising, mailing and publication of notices, accounting, administration, printing, costs of acqui- sition and other expenses incidental thereto, shall be borne by and assessed against the property specially benefited by such improvement included in the local improvement district established, embracing as near as may be all property specially benefited by such improvement; PROVIDED, however, -3- the City of Edmonds shall pay the costs of surface water col- lection facilities up to $255,000 from funds available, and the 50 percent of the sanitary sewer costs up to approxi- mately $1,115,250 shall be paid by state grant monies and/or other funds; PROVIDED, further, that at the time fixed for hearing objections to the confirmation of the assessment roll, and at times to which the hearing may be adjourned, the Council may correct, revise, raise, lower, change or modify the roll or any part thereof, or set aside the roll and order the assessment to be made de novo and a the conclusion thereof confirm the roll by ordinance. Section 6. Local improvement district warrants shall be issued in payment of the portion of the cost and expense of the warrants to be payable out of the Local Improvement Fund, District No. 210, hereinafter created, to bear interest from the date thereof at a rate not to exceed the maximum permitted by law and to be redeemed in cash, and/or by local improvement district bonds herein authorized to be issued. The costs and expenses of the improvement shall be defrayed and the bonds shall be redeemed by the collection of special assessments to be levied and assessed upon the property within said district, payable in up to twenty-five (25) equal annual installments, with interest at a rate to be hereafter fixed by ordinance, payable up to twenty-seven (27) years after the date of issue. Section 7. All the work necessary to be done in connection with the making of said improvement shall be done -4- by and made by contract upon competitive bids, and the City shall have and reserve the right to reject any and all bids. Section 8. There is hereby created and established for Local Improvement District No. 210 a special fund to be known and designated as "Local Improvement Fund, District No. 210," into which fund shall be deposited the proceeds from the sale of interest bearing warrants drawn against said fund which may be issued and sold by the City, and the aggregate of the several amounts assessed, levied and collected on the several lots and parcels of land in said local improvement district; and against which fund shall be issued cash warrants for the costs and expenses in connection with said improvement as the same become due, and against which fund shall be paid the bonds and the interest thereon. Section 9. 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: AO�Lz CITY CLERK, IREN VARNEY MORAN APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: BY FILED WIT THE CITY CLERK: September 25, 1981 PASSED BY THE CITY COUNCIL: September 29, 1981 POSTED: October 1, 1981 EFFECTIVE DATE: October 6, 1981 PUBLISHED: October 9, 1981 -5- EXHIBIT "A" ROUTE DESCRIPT_ION FOR NORTH MEADOWDALE LID SANT`I' RY SL��TR—T,M 'PIONS LINES IN PUBLIC RIGHTS -OF -WAY In 160th Street S.V1., from 70th Avenue West, east to a point about 165 feat west of 68th Avenue West. In '70th Avenue blest, from 160t11 Street S.W., north to a point about 426 feet south of 156th Street S.W. In 70th Avenue West, from 156th Street S.W., south to a point about 160 feet south of 156th Street S.W. In 156th Street S.W., from a point about 303 feet east of 70th Avenue West to a point about 150 feet west of 72nd Avenue West. -Ln 72nd Avenue West, from North Meadowdale Road to a point about 300 feet north of 156th Street S.W. In North Meadowdale Road, from a point about 300 feet north of 164th Street S.W., westerly to 75th Place West. In 72nd Avenue West, from North Meadowdale Road to a point about 550 feet south of North Meadowdale Road. In 158th Street S.W., from 72nd Avenue West, west to 74th Avenue West. In 74th Avenue West, from North Meadowdale Road north to 158th Street S.W. In 74th Avenue West, from a point about 120 feet south of 162nd Street S.W. to a point about 520 feet north of 162nd Street S.W. In 162nd Street S.W., from 74th Avenue West, west to 75th Avenue West. In 75th Avenue West, from 162nd Street S.W., north to a point- about 200 feet north of 162nd Street S.W. In 76th Avenue West and 75th Place West, from a point about 120 feet south of Meadowdale Beach Road, north to a point about; 100 feet north of 156th Street S.W. In 75th Place West, f-.rom a point about 100 feet south of Tract 88, Plat of Meadowdale Beach to a point in line with the north property line of said tract. 'f Route Description Page 2 In 164th Place S.W., from a point about 110 feet west of 72nd Avenue West to the west terminus of 164th Place S.W. In 164th Street S.W., from a point about 190 feet west of 72nd Avenue West to a point about 650 feet west of 72nd Avenue West. In'157th Street S.�1., from 70th Avenue ?lest to the street terminus. LINES IN EASEMEN`>__S WT71l LOCATIONS AS FOLLOWS Across north side of the west parcel of Short Subdivision S-47-76 (for 14r. Kothenbeutal) . Diagonally across Tracts 91 and 92, and across a portion of Tract 90, Plat of Meadowdale Beach. Across a strip of land centered on the common boundary of Tracts 88 and 89, Plat of Meadowdale. Beach. Across the east side of Tract 89, Plat of Meadowdale Beach. Across an exi.sti.nt; access between Lots 6 and 8, Plat of Hai.ne's Wharf No. 2. Across a strip of land centered on the common boundaries of Tract 87, Plat of Meadowdale Beach and all of Lot 8 and a portion of Lot 9, Plat of Haine's 1,?harf No. 2. Across a portion of Tract 87, Plat- of Meadowdale Beach. Across the south side of Lot "C" of Short Subdivision, S-8-73 (for Mr.. Gordon Harris). Across a strip of land centered on the common boundary of Tax Lot 01 with Tax Lots 04 and 05, Tract 68, Plat of Meadowdale Beach. Across the sough half of the east side of Tract 48, Plat of Meadowdale Beach. Across existing; access and utility easement, Short Sub- division 5-17-76 (for Mr. Russell Johnson). Across existing access shared by Tax Lots 01, 02, 03, 04, and 09, Tract 46, Plat of Meadowdale Beach. Across a strip of land centered on the common boundary of Tax Lot 08 with Tax Lots 06 and 07, 'Tract 46, Plat of Meadow - dale ,each. Route Description Page 3 Across a strip of land centered on the common boundary of Tracts 22 and 36, Meadowdale Beach Supplemental. Plat. Across an existing storm easement on Lot 2, Short' Subdivision S-69-78 (for Mr. Bill Campbell). Across Tax Lots 08, 09, 25, 26, 27, the east side of 06, and the, west side of 07, all in Tract 22, ,teadowdal.e Beach Supplemental Plat. Across a strip of land centered on the common boundary of Tax Lots 03 and 07 with Tax Lots 04, 05, and 06, all in Tract 21, Plat of Meadowdale Beach. Across a strip of land centered on the common boundary of Tax Lots 04 and 02, Tract 21, Plat of Meadowdale Beach. Across a portion of the north side and across the east side of Lot A, Short Subdivision S-10-74 (for. Mr. Jessie James). Across an existing access shared by Lots A and B, S-10-74 and Tax Lot 01, all. in Tract 37, Plat of Meadowdale Beach. Across a strip of land centered on the common boundary of Tax Lots 16 and 17, Tract 37, Plat of Meadowdale Beach. Across Tax Lot 03, Tract 37, Plat of Meadowdale Beach. Across t:he east side of Tax Lot 08 together with ad- jacent portions of Tax Lots 06, 09 and 1.0, all in Tract 37, Plat of Meadowdale Beach. Across Tax Lot 05 and adjacent portions of Tax Lots 08, 09 and 10 and Short Subdivision S-6-65, all in Tract 37 Plat of Meadowdale Beach. ON -SITE PUMPS AND PRESSURE LINES FOR THE FOLLOWING LOTS, PLAT OF 14EADOWDALE BEACH Tax Lot 00, Tract 49. Tax Lot 03,.Tract 21. Tax Lot 08, Tract 21. Tax Lot 02, Tract 21. Tax Lot 03, Tract 52. FX Route Description i Page 4 Tax Lot 01, Tract 67. Tax Lot 03, Tract 67. Tax Lot 08, 'Tract 24. Tax Lot 06, Tract 24. Tax Lot 04, 'Tract 87. Tax Lot 05, Tract 87. Tax Lot 05, Tract 24. Lots 1 and 2, Tract 28. Lots 3 and 4, Tract 28. Tax Lot 01, Tract 28. Tax.Lot 02, Tract 28. Lot 6, Tract 28. Lot 7, Tract 28, Lot 2, Tract 29. Lot 5, Tract 29. Lot 6, Tract 29. Lot 8, Tract 29. Lot 9, Tract 29.. Lot 11, Tract 29. Lots 2, 3, 4, 5, 6, 8, 9, and 10, Tract 60. Tax Lot 02,,Tract 90. Lot 6, Tract 97. Route Description Page 5 ON -SITE PUMPS AND PRESSURE LINES FOR THE FOLLOWING LOTS,'{ MEADOWDALE BEACH SUPPLEMENTALPLAT Tax Lot 10, Tract 36. Tax Lot 09, Tract 36. Tax Lot 11, Tract 36. Tax Lot 01, Tract 36. Tax Lot 03, Tract 36. Tax Lot 01, Tract 2.5. Tax Lot 01, Tract 2.6. Tract 27. ON -SITE PUMPS AND PRESSURE LINES FOR THE FOLLOWING LOTS, LUND'S MEADOWDALE TRACTS Tract 7. Tax Lot 02, 'Tract 3. Tax Lot 02, Tract 56. Tax Lot 05, Tracts 55 and 56. Tax Lot 06, Tract 55. Tax Lot 01, Tract 55. Tax Lot 02, Tract 1. Tax Lot 03, Tracts 1 and 4. ON -SITE PUMP AND PRESSURE LINE FOR THE FOLLOWING LOTS, PLAT OF MEADOWDALF. TIDELANDS Lots occupied by Laebugten Wharf:. EXHIBIT A, CONTINUED ROUTE DESCRIPTION FOR NORTH MEADOWDALE LID INTERCEPTOR SYSTEM & STORM DRAINS LINES IN PUBLIC RIGHTS -OF WAY In North Meadowdale Road, from 164th St. SW westerly to 75th P1. W. In 72nd Ave. W., from a point about 100 feet south of the N. Meadowdale Road R/W to the south boundary of said R/W. In 75th P1. W., from a point about 300 feet south of the 164th St. SW. R/W to said R/W; and from a point about 100 feet north of said R/W to a point about 150 feet south of N. Meadowdale Road; and from North Meadowdale Road northerly to the 158th Ave. W. R/W; and from a point about 150 feet north of the 158th Ave W. R/W to a point about 50 feet north of the 156th St. SW R/W. In 164th St. SW, in the vicinity of a point about 350 feet east of 75th Place W, and from 75th Pl. W. to the Burlington Northern R/W. In 162nd Ave. W, from 74th Ave W. to 75th P1. W. In 158th Ave W., from 75th Pl. W., easterly approximately 250 feet. LINES IN EASEMENTS WITH LOCATIONS AS FOLLOWS: Across the northeast corner of Tract 53, Plat of Meadowdale Beach. Into the northerly edge of Tract 53, Plat of Meadowdale Beach, at a location about 100 feet east of the west side of said Tract. Across the southside end the southeast corner of Tax Lot 01, Tract 89, Plat of Meadowdale Beach. Diagonally across the northwest quarter of Tax Lot 04, Tract 89, Plat of Meadowdale Beach. Into the northerly edge of Tax Lot 04, Tract 89, Plat of Meadowdale Beach, at a location about 100 feet east of the westerly edge of said Tax Lot. Into the southerly edge of Tract 63, Plat of Meadowdale Beach at a location about 100 feet west of the easterly edge of said Tract. Across the northerly edge of Tract 62, Plat of Meadowdale Beach. EXHIBIT A, CONTINUED PAGE. 2 Into the southerly edge of Tract 63, Plat of Meadowdale Beach, at a location about 200 feet east of the westerly edge of said Tract. Across the south edge and/or the north edge of Parcels 8 and 9, respectively, Plat of Meadowdale Beach. Across the middle of Parcel 7, Plat of Meadowdale Beach. Into the southerly edge of Tract 27, Meadowdale Beach Supplemental Plat. Across the south edge and/or the north edge of Parcels 4 and 5, respectively, Plat of Meadowdale Beach. Across the west 100 feet, more or less of the north edge of Tax Lot 02, Tract 25, Meadowdale Beach Supplemental Plat; and into the northerly side of said Tax Lot a distance of about 100 feet at a location about 70 feet east of the west edge of said Tax Lot. Across the south edge and southeast corner of Tax Lot 04, Tract 24, Plat of Meadowdale Beach. Across the northwest corner of Tax Lot 07, Tract 24, Plat of Meadowdale Beach. EXHIBIT B LOCAL IMPROVEMENT DISTRICT 210 BOUNDARY DESCRIPTION Local Improvement District 210 consists of all real estate situated in the County of Snohomish, State of Washington within the following described boundary: Beginning at the southeast corner of Parcel 7, Tract 97, Plat of Meadowdale Beach, Section 7, TWP 27-N,'R 4 E WM; Thence southerly along the westerly boundary of the 76th Ave W right-of-way to the intersection with a westerly extension of the south boundary of Lot A, Short Subdivision, City of Edmonds Planning File S-36-69; thence westerly along the south boundary of said Lot A and its westerly extension to the southeast corner of said Lot A; thence northerly along the east boundary of said Lot A to the northeast corner of said Lot A; thence easterly along the south boundary of Tract 95, Plat of Meadowdale Beach and its easterly extension to the east boundary of the 74th Pl. 14. right-of-way; thence northerly along the east boundary of said 74th Pl. W. right-of-way to the southwest corner of Lot C, Short Subdivision, City of Edmonds Planning File S-8-73; thence easterly along the south boundary of Lots C and A of last said short subdivision to the southeast corner of said Lot A; thence northerly along the east boundary of said Lot A to the southwest corner of Tract 87, Plat of Meadowdale Beach; thence easterly along the south boundary of said Tract 87 to the west boundary of the 72nd Ave W. right-of-way; thence northerly along said west right-of-way boundary to the southeast corner of Lot A, Short Subdivision, City of Edmonds Planning File S-7-68; thence westerly along the south boundary -of said Lot A to the west (li.ne of Said Lot A; thence northerly along the west boundary of said Lot A to the northwest corner thereof; thence easterly along the north boundary of said Lot A to the southeast corner of Lot 12, Plat of Haine's Wharf No. 2; thence northerly along the east boundary of said Lot 12 and its northerly extension to the north boundary of the 164th Pl. SW right-of-way; thence westerly along said right-of-way boundary to the southeast corner of Lot 1, Plat of Haine's Wharf No. 2; thence northerly along the east boundary of said Lot 2 and its northerly extension to the north boundary of the 164th St. SW right-of-way; thence easterly along said north right-of-way boundary and its easterly extension to the east right-of-way boundary of 72nd Ave W; thence northerly along said east right-of-way boundary to the south boundary of Tract 51, Plat of Meadowdale Beach; thence easterly.along said south boundary and its easterly extension to the existing northeasterly right-of-way boundary of North Meadowdale Road; thence easterly and southerly along said existing right-of-way boundary to the south boundary of Tax Lot 02, Tract 84, Plat of Meadowdale Beach; thence easterly along the last said southboundary and its easterly extension to the east right-of-way boundary of 68th Ave W; thence northerly along said east right-of-way boundary to the north right-of-way boundary LID 210 Boundary Description Pace 2 of 156th St. SW (not open); thence westerly along last said north right- of-way boundary to the southeast corner of Tract 55, Lund's Meadowdale Tracts; thence northerly along the east boundary of said'Tract 55 to the northeast corner of Short Subdivision, City of Edmonds Planning File S-32-72; thence westerly along the northerly boundaries of Tax Lots 01, 06, and 05 Tract 55 and Tax Lot 02, Tract 56 and Lot C, Short Subdivision City of Edmonds Planning File S-12-76, all in Lund's Meadowdale Tracts, to the east right-of-way boundary of 72nd Ave W; thence northerly along said east right-of-way boundary to the intersection with the easterly extension of the north boundary of Tract 10, Lund's Meadowdale Tracts; thence westerly along said north boundary and its easterly and westerly extensions to the west right-of-way boundary of 73rd Ave W; thence southerly along said west right-of-way boundary to the northeast corner of Tract 4, Lund's Meadowdale Tracts; thence westerly along the north boundary of said Tract 4 and its westerly extension to the west boundary of the Burlington Northern right-of-way; thence southerly along said west boundary to the intersection with the easterly extension of the north boundary of Parcel 7, Plat of Meadowdale Tidelands; thence westerly along the last said north boundary to the northwest corner of last said Parcel; thence southerly along the west boundary of Parcels 7, 8, 9, 10, and 11, Plat of Meadowdale Tidelands to the southwest corner of Parcel 11, last said plat; thence easterly along the south boundary of last said parcel and its easterly extension to the west boundary of the Burlington Northern right-of-way; thence southerly along last said west boundary to the intersection with the westerly extension of the south boundary of Parcel 7, Tract 97, Plat of Meadowdale Beach; thence easterly along the south boundary of said parcel and its westerly extension to the point of beginning. 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 1 day of October , 1981, affiant posted true and correct copies of the attached Ordinance No. 2237 , passed by the City Council on the 29 day of September , 19 81 , 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 1 day of October 19 81. SUBSCRIBED AND SWORN to before me this day of 19 y� _ ota Public in and for the State of Washington, residing at