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Ordinance 2463WSS:jt 10/10/84 ORDINANCE NO. AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, ACCEPTING AN EASEMENT FROM EUELL HENRY HODGE AND BARBARA E. HODGE AND AUTHORIZING A DEED OF RELEASE TO SAID PARTIES, FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. WHEREAS, on May 19, 1983, Euell Henry Hodge and Barbara E. Hodge executed a utility easement to the City of Edmonds for a sanitary sewer; and WHEREAS, said easement was intended to be an easement for storm sewer purposes and WHEREAS, the Hodges have forwarded to the City a storm sewer easement, now, therefore, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. That the Mayor and City Clerk are hereby authorized to execute a deed of release, a copy of which is attached hereto as Exhibit A and incorporated by this reference as fully as herein set forth. Section 2. This ordinance shall be in full force and effect five (5) days after passage and publication by posting as provided by law. PPP "& 00Z4 ATTEST/AUTHENTICATED: t VTY4CLERK, JACQUELINE G. PARRETT APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: BY FILED WITH TH ITY CLERK: October 11, 1984 PASSED BY THE CITY COUNCIL: Coto Leer- 231 i9,9q POSTED: October 24, 1984 EFFECTIVE DATE: October 29, 1984 ORDINANCE NO. 2463 - 2 - CITY CLERK CIVIC CENTER EDMONDS, WA 98020 EXHIBIT A DEED OF RELEASE In consideration of the provision of a utility easement for storm sewer purposes to the City of Edmonds, a noncharter alternative code city (hereinafter "City"), the City hereby releases and quitclaims to Euell Henry Hodge and Barbara E. Hodge a permanent utility easement for the installation, operation and maintenance of a sanitary sewer over, across, through and below the following described properties; and all other rights shown and contained in a utility easement recorded as Document No. 8306230297 in the records of the Auditor of Snohomish County. The easement and right of way hereby released is located in the County of Snohomish, State of Washington, and is more particularly described as follows: A ten foot strip of land that is 5.00 feet on each side of the sanitary sewer as it now exists or as located in the future. Within the following described property: Lots 1 and 2 in Block 28, Plat of Meadowdale Beach, Snohomish County, Washington, as per plat recorded in Volume 5 of Plats, page 38, records of Snohomish County, Washington. Subject to easement and agreement dated May 25, 1936 filed in the Auditor's Office of Snohomish County on March 25, 1937 as Auditor's File No. 595807. TOGETHER WITH a temporary 10 foot construction ease- ment over the aforementioned property. Said con- struction easement will end upon the completion of the construction of the sanitary sewer, or January 1, 1985, whichever comes first. This deed of release is granted in order to release the aforementioned utility easement granted in error by Euell Henry Hodge and Barbara E. Hodge and shall release only the obligations contained in the utility easement filed as Auditor No. 8306230297 and is not intended nor shall it be deemed to waive, release, CITY CLERK CIVIC CENTER EDMONDS, WA 98020 quitclaim or relinquish any other easement which exists in favor of the city concurrently with said utility easement 8306230297. DATED this '23 day of October , 1984. By Mayor, L rry ghten Attest: By ac Veline G. Parrett STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) On this 23 day of October , 1984, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared LARRY S. NAUGHTEN and JACQUELINE G. PARRETT, to me known to be the Mayor and City Clerk of the CITY OF EDMONDS, Washington, the municipal corporation that executed the foregoing instrument, and acknow- ledged the said instrument to be the free and voluntary act and deed of said municipal corporation, for the uses and purposes therein mentioned, and on oath stated that they were authorized to execute said instrument and that the seal affixed is the official seal of said municipal corporation. WITNESS my hand and official seal hereto affixed the day and year first above written. N TARY PUBL 9�1 n land for the State of Washington, residing at�G�,�_,� n AFFIDAVIT OF POSTING ORDINANCE STATE OF WASHINGTON ss: COUNTY OF SNOHOMISH Jacqueline G. Parrett , 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 24 day of October , 19 84, affiant posted true and correct copies of the attached Ordinance No. 2463, passed by the City Council on the 23 day of October 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 650 Main Street Edmonds, Washington 98020 Edmonds Branch of United States Post Office 201 Main Street Edmonds, Washington 98020 DATED this 24 day of October , 1984 SUBSClRIBED AND SWORN to before me this 24 day of October 19 84, (� a Public in and for the State of Washington, residing at _ Cam' (�,o`�►�LI�