Ordinance 2434WSS:jt
6/6/84
ORDINANCE NO. 2434
AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON,
PROVIDING FOR THE ACQUISITION OF CERTAIN PROPERTY
FOR THE IMPROVEMENT OF THE SANITARY SEWER SYSTEM
AND RELATED WORK TO MAKE A COMPLETE IMPROVEMENT IN
ACCORDANCE WITH CITY STANDARDS; PROVIDING FOR THE
CONDEMNATION, APPROPRIATION, TAKING AND DAMAGING
OF LAND OR OTHER PROPERTY NECESSARY THEREFORE;
PROVIDING THAT THE ENTIRE COST THEREOF SHALL BE
PAID BY WATER AND SEWER CONSTRUCTION FUND 412 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 existing sanitary sewers be upgraded by
additions in an area outside of and adjacent to the City of
Edmonds under the authority granted by state statute and that
certain property 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 hereby declares that the property
hereinafter set forth is necessary for public use.
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Section 3. The property within the City of Mountlake
Terrace, 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 the City's sewerage
system under the power granted by RCW 35A.21.150, 35.67.020 and
8.25.120 to make a complete improvement in accordance with city
standards, together with all necessary appurtenances in order to
complete said improvements in accordance with city standards,
together with the right to make all necessary slopes for cuts and
fills upon adjacent lands in the reasonable original grading and
maintenance of the street and bridge, 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
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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
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 Water and
Sewer Construction Fund 412 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.
APPROVED
W or
...,
ATTEST/AUTHENTICATED:
IT CLERK, JACQUELINE G. PARRETT
APPROVED AS TO FORM:
OFFICE QF THE CITY ATTORNEY:
BY
FILED WITH THE C1,Y CLERK: June 7, 1984
PASSED BY THE CITY COUNCIL: June 11 , 1984
POSTED: June 12, 1984
EFFECTIVE DATE: June 17, 1984
ORDINANCE NO. 2434
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EXHIBIT A - TEMPORARY CONSTRUCTION EASEMENTS
Tract 1:
The Easterly 20.00 feet in width, adjacent to and parallel with the
Pacific Northwest Traction Co. right-of-way of Lot 17, Plat of Lake
Ballinger Homes No. 2, as per plat recorded in Volume 21 of plats,
page 16, records of Snohomish County, Washington.
Tract 2:
The Easterly 20.00 feet in width, adjacent to and parallel with the
Pacific Northwest Traction Co. right-of-way of Lot 18 of the -Plat
of Lake Ballinger Homes No. 2, as per plat recorded in Volume 21 of
plats, page 16, records of Snohomish County, Washington.
Tract 3:
The Easterly 20.00 feet in width, adjacent to and parallel with the
Pacific Northwest Traction Co. right-of-way of Lot 16 of the Plat
of Lake Ballinger Homes No. 2, as per plat recorded in Volume 21 of
plats, page 16, records of Snohomish County, Washington.
Tract 4:
The Easterly 20.00 feet in width, adjacent to and parallel with the
Pacific Northwest Traction Co. right-of-way, of the following
described parcel:
That portion of the Southeast quarter of the Southwest quarter of the
Southwest quarter of Section 29, Township 27 North, Range 4 East, W.M.,
lying Westerly of the Pacific Northwest Traction Co. right-of-way;
Except the Plat of Lake Ballinger Homes No. 2, as per plat recorded in
Volume 21 of plats, page 16, records of Snohomish County, Washington;
And except the South 30.00 feet for roads.
EXHIBIT A - PERMANENT EASEMENTS
Tract 1:
The Easterly 10.00 feet in width, adjacent to and parallel with the
Pacific Northwest Traction Co. right-of-way of Lot 17, Plat of Lake
Ballinger Homes No. 2, as per plat recorded in Volume 21 of plats,
page 16, records of Snohomish County, Washington.
Tract 2:
The Easterly 10.00 feet in width, adjacent to and parallel with the
Pacific Northwest Traction Co. right-of-way of Lot 18 of -the Plat
of Lake Ballinger Homes No. 2, as per plat recorded in Volume 21 of
plats, page 16, records of Snohomish County, Washington.
Tract 3:
The Easterly 10.00 feet in width, adjacent to and parallel with the
Pacific Northwest Traction Co. right-of-way of Lot 16 of the Plat
of Lake Ballinger Homes No. 2, as per plat recorded in Volume 21 of
plats, page 16, records of Snohomish County, Washington.
Tract 4:
The Easterly 10.00 feet in width, adjacent to and parallel with the
Pacific Northwest Traction Co. right-of-way, of the following
described parcel:
That portion of the Southeast quarter of the Southwest quarter of the
Southwest quarter of Section 29, Township 27 North, Range 4 East, W.M.,
lying Westerly of the Pacific Northwest Traction Co. right-of-way;
Except the Plat of Lake Ballinger Homes No. 2, as per plat recorded in
Volume 21 of plats, page 16, records of Snohomish County, Washington;
And except the South 30.00 feet for roads.
AFFIDAVIT OF POSTING ORDINANCE
STATE OF WASHINGTON )
) ss:
COUNTY OF SNOHOMISH )
JACQUELINE G. PARRETT
, being first duly sworn
on oath deposes and says that the 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
June
, 1984,
affiant posted true
and
correct copies of the attached Ordinance No.2434 , passed by the
City Council on the 11 day of
June
, 1984, 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
June
, 1984.
SUBSCRIBED AND SWORN to before me this 12 day of
Lune . 19 84.
o ary Pub is in and for the
State of �Y ►'lW"a,,"shington, residing
at ��'rxVx*' ui6