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Ordinance 2345WDT:lc 12/27/82 ORDINANCE NO. 2345 AN ORDINANCE OF THE CITY OF EDMONDS, WASH- INGTON, ORDERING THE IMPROVEMENT OF CERTAIN PROPERTY IN THE CITY OF EDMONDS BY INSTALLA- TION OF A STREET BY PAVING WITH ASPHALTIC - TYPE CONCRETE, AND PERFORMING ANY NECESSARY GRADING OR BASE PREPARATION; BY INSTALLING DRAINAGE FACILITIES, A WATERLINE AND FIRE HYDRANT AND BY PERFORMING ANY RELATED WORK NECESSARY TO MAKE A COMPLETE IMPROVEMENT IN ACCORDANCE WITH CITY STANDARDS; CREATING AN ASSESSMENT DISTRICT BEING LOCAL IMPROVEMENT DISTRICT NO. 211; 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 "PAY- MENT BY BONDS"; PROVIDING FOR THE ISSUANCE AND SALE OF LOCAL IMPROVEMENT DISTRICT WARRANTS AND LOCAL IMPROVEMENT DISTRICT BONDS; AND CREATING A SPECIAL IMPROVEMENT FUND, DISTRICT NO. 211. WHEREAS, by Resolution of Intention No. 261, adopted on July 27, 1982, 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 neces- sary to make a complete 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. 261 was given in the manner as provided by law and such hearing was held by the City Council as aforesaid, and all persons appearing at said hearing were heard, 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 improvement district be created in connection therewith, now, therefore, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. The following property within the City of Edmonds, Washington, is hereby ordered to be improved by the installation of a street by paving with asphaltic -type concrete, and performing any necessary grading or base prepa- ration, by installing drainage facilities, a waterline and fire hydrant and by performing any related work necessary to make a complete improvement in accordance with City standards. Section 2. There is hereby created and established a local improvement district, to be called "Local Improvement District No. 211," the boundaries of which are legally described on Exhibit A, a copy of which is attached hereto and by this reference incorporated herein as if set forth in full. Section 3. The cost and expense of said improvement shall be assessed on all property in the district in accor- dance with the proportionate benefit method of assessment or any other method provided by law. -2- Section 4. The estimated cost and expense of the said improvement is hereby declared to be $41,300.00. 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 acquisition and other expenses incidental thereto, shall be borne by and assessed against the property specially bene- fited by such improvement included in the local improvement district established, embracing as near as may be all prop- erty specially benefited by such improvement; PROVIDED, fur- ther, 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 at the conclusion thereof confirm the roll by ordinance. Section 5. 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. 211, 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 -3- 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 ten (10) equal annual installments, with interest at a rate payable on or before twelve years after the date of issue. Section 6. All the work necessary to be done in connection with the making of said improvement shall be done by and made by contract upon competitive bids, and the City shall have and reserve the right to reject any and all bids. Section 7. There is hereby created and established for Local Improvement District No. 211 a special fund to be known and designated as "Local Improvement Fund, District No. 211," 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 aggre- gate of the several amounts assessed, levied and collected on the several lots and parcels of land in said local improve- ment 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 8. This ordinance shall be in full force and effect five (5) days after passage and publication by posting as provided by law. APPROVED: s MAYOR, H-. If.-HARRISON ATTEST/AUTHENTICATED: 4?11'" P'. 6�ed:d CITY CLERK, IRENIrV9RNEY MORAN APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: I1 FILED WITH THE CITY CLERK: December 28, 1982 PASSED BY THE CITY COUNCIL: January 11, 1983 POSTED: January 12, 1983 EFFECTIVE DATE: January 17, 1983 PUBLISHED: January 17, 1983 -5- EXHIBIT A Commencing at the south quarter corner of Section 13, Township 27 North, Range 3 East, W.M.; Thence north 0009100" west 138.6 feet; Thence north 72002100" west 554.9 feet; Thence north 0009'00" west 26.3 feet to the point of beginning; Thence north 72002100" west, along the northerly right- of-way margin of Driftwood Lane and its extension 163.83 feet; Thence north 17058100" east, a distance of 84.51 feet; Thence north 72002'00" west, a distance of 535.95 feet, to the easterly margin of the Burlington Northern Railroad right- of-way; Thence north 36023100" east, along said right-of-way, 215.46 feet to the southwesterly corner of the plat of Northstream Lane as recorded on Page 87, Volume 23, of plats, records of Snohomish County, Washington; Thence south 72002100" east, along the southerly boundary of said plat, 224.25 feet; Thence south 0009100" east, a distance of 99.55 feet, to a point on the proposed northerly right-of-way margin of Driftwood Place; Thence south 72002100" east, along said northerly right-of- way, 140.69 feet; Thence north 7026115" west 104.74 feet to a point on the southerly boundary of said plat of Northstream Lane; Thence south 72002100" east along said southerly boundary 312.03 feet; Thence south 0009100" east 313.17 feet to a point on the northerly right-of-way margin of Driftwood Lane; Thence north 72002100" w8st, along said margin 138.72 feet to a point which bears south 0 09100" east from the point of beg - ginning; Thence north 0009100" west 9.47feet to the point of beginning. il 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 12 day of January , 1983, affiant posted true and correct copies of the attached Ordinance No. 2345, passed by the City Council on the 11 day of January , 1983, 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 12 day of January , 1983. SUBSCRIBED AND SWORN to before me this day of 192. otary Public in and for the State of Washington, residing at �°�