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Ordinance 2399MAE:jt 9/22/83 ORDINANCE NO. 2399 AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, PROVIDING FOR THE ACQUISITION OF CERTAIN PROPERTY FOR THE IMPROVEMENT OF SEA VISTA PLACE BY EXTENDING THE EXISTING STREET, AND BY INSTALLING SANITARY SEWERS AND A WATER SYSTEM AND RELATED WORK TO MAKE A COMPLETE IMPROVEMENT IN ACCORDANCE WITH CITY STANDARDS ALL WITHIN THE CITY OF EDMONDS; PROVIDING FOR THE CONDEMNATION, APPRO- PRIATION, TAKING AND DAMAGING OF LAND OR OTHER PROPERTY NECESSARY THEREFORE; PROVIDING THAT THE ENTIRE COST THEREOF SHALL BE PAID BY LID 212, OR OTHER AVAILABLE FUNDS AND DIRECTING THE CITY ATTORNEY TO PROSECUTE THE APPROPRIATE ACTION AND PROCEEDINGS IN THE MANNER PROVIDED BY LAW FOR SAID CONDEMNATIONS. THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. The public health, safety, necessity and convenience demand that street improvements and sanitary sewer system improvements be constructed and maintained within the City of Edmonds and that certain property easements be condemned, appropriated, taken and damaged for the construction of said improvements as provided by this ordinance. Section 2. The City Council of the City of Edmonds, after hearing the report of the City Engineer, and reviewing the planned improvements pursuant to LID 212, hereby declares that the property hereinafter set forth is necessary for public use. Section 3. The property within the City of Edmonds, Snohomish County, Washington which has been designated on Exhibit A and which is incorporated herein by this reference, shall be, and the same is hereby condemned, appropriated, taken and damaged for the purposes of improving Sea Vista Place by extending the existing street, and by installing sanitary sewers and a water system and related work to make a complete improvement in accordance with city standards all within the city limits, together with all necessary appurtenances in order to complete said improvements in accordance with city standards, together with temporary easements to enable construction of said improvements, said land being taken, damaged and appropriated subject to the making or paying of just compensation to the owners thereof in the manner provided by law. Section 4. The City Attorney is hereby authorized and directed to begin and prosecute the proceedings provided by law to condemn, take and appropriate the property rights necessary to carry out the provisions of this ordinance, and is further authorized in conducting said condemnation proceedings and for the purpose of minimizing damages, to stipulate as to the use of the property hereby authorized to be condemned and appropriated and as to the reservation of any right of use to any owner, provided that such reservation does not interfere with the use of said property by the City as provided in this ordinance. The city attorney is further authorized to adjust the location and/or width of any of the property herein described in order to minimize damages, provided that said adjustments do not interfere - 2 - with the use of said property by the City as provided in this ordinance. Section 5. The entire cost of the condemnation and improvement herein provided for shall be paid from Local Improvement District 212 and/or from such other funds available to the City. Section 6. This ordinance shall be in full force and effect five (5) days after passage and publication by posting as provided by law. CITY OF EDMONDS MAYOR, H. H. HARRISON ATTEST/AUTHENTICATED: CITY CLERK, IRENE FARNEY MORAN APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: B Y FILED WITH E CITY CLERK: September 27, 1983 PASSED BY THE CITY COUNCIL: September 27, 1983 POSTED: September 28, 1983 EFFECTIVE DATE: October 3, 1983 ORDINANCE NO. 2399 - 3 - RXHTRTT A A portion of the following described property located in Section 25, Township 27 North, Range 3 East, Snohomish County, Washington; Beginning at the Northeast corner of the Southwest quarter of the Northeast quarter of said Section 25; Thence Westerly along the North line of said Southwest quarter of the Northeast quarter 684.18 feet to the Westerly right-of-way of 98th Avenue West; Thence Southerly along said right-of-way 497.76 feet to the true point of beginning; Thence North 88152'27" West, a distance of 296.95 feet; Thence South 0131'55" West, a distance of 165.95 feet; Thence South 88*53123" East, a distance of 296.83 feet; Thence North 0°33'15" East, a distance of 165.95 feet to the true point of beginning; Excepting the following described portion to be used as right-of- way for Sea Vista Place; Beginning at the aforementioned true point of beginning; Thence North 88°5227" West, a distance of 296.95 feet; Thence South 0°31'55" West, a distance of 64.90 feet to the intersection with a curve whose radius bears South 0°31'55" West, and is a distance of 30.00 feet and said intersection is the true point of beginning for this right-of-way description; Thence Southeasterly along said curve for 78.54 feet through a central angle of 150*00100"; Thence South 0131'55" West, a distance of 45.22 feet; Thence North 88°53123" West, a distance of 15.00 feet; Thence North 0131'55" East, a distance of 101.05 feet to the true point of beginning; This is a description of property required from Ruth E. Wilcox to construct extension of Sea Vista Place. Total approximate area of property prior to transfer of right-of-way 49,269 square feet Approximate area of required right- of-way 2,050 square feet I�aiii7i11�e\ The Westerly 15.00 feet of the following described property: Beginning at a point 684.18 feet West and 829.6 feet South of the Northeast corner of the Southwest quarter of the Northeast quarter of Section 25, Township 27 North, Range 3 East, W.M.; Thence Westerly 296.85 feet; Thence Southerly 82.98 feet; Thence Easterly 296.8 feet to the Westerly right-of-way margin of 98th Avenue West; Thence Northerly, along said right-of-way, 82.96 feet to the point of beginning. This is a description of property required from Mr. and Mrs. Barry to construct extension of Sea Vista Place. Total approximate area of property prior to transfer of right-of-way 24,627 square feet Approximate area of required right- of-way 1,245 square feet 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 28 day of September , 1983, affiant posted true and correct copies of the attached Ordinance No. 2399, passed by the City Council on the 27 day of September , 19 83, 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 650 Main Street Edmonds, Washington 98020 Edmonds Branch of United States Post Office 201 Main Street Edmonds, Washington 98020 DATED this 28 day of September , 19 83- SUBSCRIBED AND SWORN to before me this aK day of 9 ary Public in and for the State of Washington, residing at c��✓Vv,�/Vi