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HomeMy WebLinkAbout1982-09-16 Hearing Examiner Decision'f&E:~ :.~..lm:;":.l; :;:~;:: ;i~:l.::.l.".:.c:;:::~-~ ..,. .··.•. , .. - - ,==-4 ., '' .. i.' CN c~ ' 0 i~ 0 r-"E9 Q = ce ~' j ,,.,, ,""·~-~ }··, ,:, ;-~· 1 .. -,, -1 ,~;.,; .. ' 1 (j / / . './~~), ~:-"'?"' >-,.. ~Y c1 " ORDINANCE NO. /7 '<--,Ii-:-- t:_' --~'1 ,1 j .......... ,., .. ' -- . / __ ,_..,... 2341 .. ,,v:"':'" ~- ... ,,. fl,,,._ ;,.,·. , _i ~ ...... < ,.a,T ~~] -1~i,1""' ... ". • • ; \ ,.•·i-~ Ji'l'~-,~~- .. .ii. . J, ..,, ~ < ," -;. ':°If . ' ♦' l ./4 ,¥1:.. ' : ,, ' · i',i , ,}•{'-,!l.t'.:'>, •· ~ l , f ·rl~--~ '"'"" ' .,.,- / ~,;;:)1-J~:,j~ -~~4--1 _.,. ; -- / /! :.:''~"'.-' ' .'. f..-:t'· \. ' / •' c.. <.- .. 1..... ~"'>r.. .4', __ ,_,.,, 1 !/ "' /4,.J----'.:,,., ,., . , ··~~~I'" :.:/ AN ORDINANCE OF THE CITY OF EDMONDS, WASH- INGTON, VACATING CERTAIN PROPERTY IN THE CITY OF EDMONDS, WASHINGTON DEDICATED FOR STREET PURPOSES BEING A PORTION OF CASPERS STREET BETWEEN SECOND AVENUE NORTH AND 'I'HE · BURLINGTON NORTHERN RIGHT OF WAY AS SET FORTH IN CITY FILE DESIGNATION ST-5-82; AMENDING THE OFFICIAL STREET MAP; AND RETAINING A VIEW EASEMENT OVER THE AREA )VACATED AND OTHER PROPERTY; : ,- 11'/1 WHEREAS, the Hearing Examiner has held a public hearing and has forwarded his recommendations to the City Council regarding the proposed street vacation and street map amendment, and WHEREAS, pursuant to resolution, the City Council of the City of Edmonds, Washington, held a public hearing on December 7, 1982, to consider the proposed vacation of cer- tain property in the City of Edmonds, Washington, being a portion of Caspers Street between Second Avenue North and the Burlington Northern right of wayand more particularly > ~ described as set forth on Exhibits A and B attached hereto and incorporated in full by this reference, and WHEREAS, pursuant to the findings of the City's responsible official, the City Council finds that there will be no significant adverse environmental impacts, and WHEREAS, at the conclusion of said public hearing the City Council found that it is the best interest of the public health, safety arid general welfare that said property dedicated for street purposes should be vacated and the City 8 3 0 1 ,ri,. ,~/ /':, 2:', 2& ,. J ., i:U(i 1,i _1 - · - ll.P ) '\.ii ,;/ -'"... • 1""''72 6~'"',q VOL / . PACf :. v ( ,,,;;;z ~-·'; .... ·S:'.?T':~•'"'_.;;,:; .- • - Council does hereby determine to vacate the same after set forth, now, therefore, , ... ·~">,l'fl•••••"'•~ •, ~ , ,;.,.,._ ~ ' I . - t !· ,r' ,l•;: ',/, { I~ ,· ·.~...,~;: ;; -, v· f .··. t \ \ f,- t-"" . as ~herein- • ' l , ' 'i., THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. The following parcels of property, pre- viously dedicated for street purposes are hereby vacated. Said parcels are located in the City of Edmonds, Snohomish County, Washington, and legally described as set forth on Exhibits A and B attached hereto and incorporated herein by this reference as if set forth in full. Section 2. The City Clerk is hereby directed to file a certified copy of this ordinance with the Snohomish County Auditor. Section 3. The City Engineer is hereby directed to amend the official street map, adopted by §18.50.010 of the Community Development Code, as amended, to be consistent with this ordinance. Section 4. The City of Edmonds shall retain a view easement over the property being vacated and set forth on Exhibits "A" & "B" of this ordinance, as well as adjoining property. The form of the view easement shall be approved by the City Attorney and recorded prior to publication and re- cording of this ordinance. 83() ••(l /'.---.• ••·,a• . /, ,\ <:,i' 1 - ,~ ~ ;•l I / ~< /,I ✓, - ..... J.,., "',l;, (; \.: i' ~~J f.:..,j -2- IJOL 1772 ;f,tf 658 ~~~••_·_,~~•~-<=::;.:~o .xr>..,;.,:.>.:,:.::~;:-. ,..,,-,..,_._,, •• - Section 5. This ordinance shall be in full force ,!!"~.,.~,"} .. ~.-1" ',l ' J , ' '< . .::Ct~:;!.;_ .. , .. ~ •. i ., .. '!_ f ,.~~~'A,,'J f,,_ ~ i J,. i•-~/!}+,.. .·~(· -... ,. •W,'1',.,_ 1--- ~, ' ·J .;:-- ~ .,_.i i l ... , - ~ " and .e f f~ct ;, : • -t five (5) days after passage and publication by posting as ' provided by law. • .. "''1>•' APPROVED: / 1 ~1fce/2-,1,-G4---c~ '« _I, HA RRISON . . ATTEST/AUTHENTICATED: ~-~#-J-:th~ CITY CLERK, IRENEJ\!ARNEY MORA N APPROVED AS TO FORM : OFFICE OF THE CITY ATTORNEY: BYt.i.~•~• • FILED WITH THE CITY CLERK: December 13, 1982 PASSED BY THE CITY COUNCIL: January 4, 1983 POSTED: January 5, 1983 EFFECTIVE DATE: January 10, 1983 c:: . -0 M (.:,::J:: ,_(/') w M 0~ ::::,3!:: 0 X ~),! e; c.__ 0~ 0 -'-::::, r-- .,.f..C) -u (__) I _.J •• -' ~J .• tLl :z: ~~~ :!.':. -d:: --·· n: ~ - •• ...!,_ .,.-o c-r, =5 = !::!! s~ C) ·ssu.,..~ •J qld' ··\ G) (._11 i. r• - . ' ; - 1 ~ __ :_' t.J ·,~ . .- f.....""1 f-:",J 4172 ·--• R5,·· Vul J. I f;~f ,Ji t, -3- ~- .. ~~-',!:~.-:i;-·~~,:;·-:"~~-"'-"-='"'..7 .-- ---- -::-r. -·~ ~-~·-· -.- ~wv~ttt!;~Jiit&,«1 .-::WIMliitke~~ --~~- . · ... . . ·"!:' SECTION24, fOWNSHIP 27 Nu, R A NG E ~3E., W. --------r --~--- _:_:__ -r-::~--..-----y-7:'(i .-_.·,. '\ ' l{i" . ·\•,·. 1 --~/'!~ - l.c "-~,.: \ -I[-: ,~ . ·• - I \ . . ~lo~ : . - I 1;_ 11~ "' 11: ~/CJV ---tH=nr=r r I :1n1 ~I~ 11 xi ,Cl. 1"::200' 200 I o 200 seal I ~- ~ CASPERS --"l - ---r---- - --- -- f'' "'- ____ ___,,_ _ _j GILTNER LANE '\J l fl f ::::1 1----W .~ SATER I I ~ -! 10 1 r.;-i--tJ'tn- - I 9 I 8 V A C A T IO N OF RIGHT-OF-\~AY C IT Y C t E '.d< C[·./:.: Ccnic:r" A PORTI ON OF CASPERS STREET BETWEEN 2ND AVE. N., ~ ~,J.~ <-"' "11 t /.L Edmon•~:~. \\',:" ,:~ tr1:·, - ·. -- - --- · - • -- :... · - - .::·:.: =-=· ,- - 0 ··- -- ---- - • :. __ ., - l A N D B U R L iN G T O N N O R T H E R N R A IL R O A D C O M P A N Y R/W ~: . - r- RES. NO. DATE O RD. N O . D A TE ,-j c:::, __ SHEET NO. 8 OF O FFICIA L ST" MAP CITY OF EDMONDS II -- ~ ~~ 9z_ 830· 1 G-,:~?02.21 EXHIBIT A ;~: !(" -~;s;-n."'t l ,_:Jt .,"'...,;...,;,·,~,:-,,,.,..~=:"-'":-T ... ~-:: .;;-.=::-.-::--:-:::-:;---,:--:;;:,':"-;-,;.:-:-: -- - -;:7 ;:!:;::' .. -:-;::; -:"I".:~-:-:;-'."" ... ---.-:- ' "exhibit B" REVISED LEGAL DESCRIPTION FOR _ _.... ....... '' ,,..,-~·<( :. ~ • ' ; , ' . i:':" .... : . : .. _' , r'.•·,'i\~ , . :f~ ,, ·=-· ._tt y" ~\~. '~ ,. ~ ·. ), . ~ ... ,{ fi\,,-~l · ~ ( ·.•{~it: ... ~ .... -. i. . ·1;, '-.,· " ~~. ;' "'I--~'"-,. __ ... PORTION OF CASPERS STREET TO BE VACATED That portion of Government Lot 1, Section 24, Town- ship 27 North, Range 3 East W.M., described as follows:· Beginning ab the southeast corner of said Government Lot 1; thence N 89 20'00" W. along the south line o~ said Government Lot 1, a distance of 981.70 feet; thence NO 03'00" E, a dis- tance of 15.00 feet to the True Po~nt of Beginning of this description; thence con~inuing NO 03'00" E, a distance of 15.00 feet; thence N 89 20'00" W, parallel with the south line of said Government Lot 1, to an intersection with a line drawn parallel with and 37.50 feet southeasterly from the centerline of the main track of the Burlington Northern (former Great Northern) Railroad; thence S 29°41'00" w, along said parallel line, to an intersection with a line drawn par- allel with and lying 15.00 fe~t north of the south line of Government Lot l; thence S 89 20'00" E, along said parallel line, to the True Point of Beginning. Situated in Snohomish County, Washington. 8801070221 ~ ZD ~~c:_ VOl 1772 ;,~sr6Df ~-a:_,-_,~;;:,,;v ~'<-~~-~~.Ji,"i ~:T:-:i.,7,J .,.'.l;"~.--,~n;:;·,.~ --~:?·•~~: .. ,~,,.\..i:2-. - . - - . - ·,:'17 . ', ;, ·- ... - AFFIDlWIT OF POS'I'ING ORDINANCE ,v'•~•i',.....-c--<--.-,..'l, ·"'u,f~i!/ ,, ,...,,~Tt__ ""<I ' i..~·· ··l\ ~,;... • • / • ' ·4~ · · •' \Iii l1 : • -' , '-,,c'4~,\~.f''' _.,•, V ' 'ji>•~'I.:'. ••••• ::!l . ... " . .. l•t/J:f!:'' 'r· l, • £_t;:1~~f_-~ -~: )} ~:~··, , , .. ,, ., T',- ~ i . ,- 'II, ' •. ' • .- ') ~ a . "' ) • • ,, . ,;. \ 'l' ' f \,.,,.. \ "- - " \ ~ "fi• \-,. . ~ ' ' ... ~ STATE OF WASHINGTON COUNTY OF SNOHOMISH ) } ss: ) 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 2 day of January , 19 JLl., aff iant posted true and correct copies of the attached Ordinance No. 2341, passed by the City Council on the 4 day of January , 19 JU, 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 Edrronds, Washington 98020 Edmonds Branch of United States Post Office 201 Main Street Edmonds, Washington 98020 DATED this 5 day of January , 19..§1_. ~/ -vi:Yhk# /J~4W-CJ , ; before me this S day of ~ • 19~ ' ) ~ /) /1 8301070221 ~-_J_,)f ~,,__---tt N tar - Public in and for the 0; Jashingto~, residing ~.,!l--~'---' . c'./ co cc SUBSCRIBED AND SWORN to at ,.,_, ..:..:0 i: C\.? r--- ,r,-- ~i C.?! :::-~ MA E /m j r }-0/2 7 /8 2 - ~ RES O L U T I O N NO . 535 A R E S O L U T IO N O F T H E C IT Y CO U N C IL OF TH E CI T Y O F ED M O N D S , W A S H IN G T O N , SE T T I N G A H E A R IN G D A T E T O CO N S I D E R A S T R EE T V A CA T IO N . W H E R E A S , a p e t it i o n s i g n e d by th e o w n e r s of m o r e th a n tw o -t h i r d s o f th e p r o p e r t y ab u t t in g up o n p r o p e r ty d e d i c a t e d fo r s t r e e t pu r p o se s lo c a t e d in th e Cit y of Ed m o n d s , W a s h i n g t o n , b e i n g a p o r t io n o f rig h t -o f-w ay lo c a te d o n C a s p e r s S t r e e t b e t w e e n Se c o n d A v e n u e N o r t h an d Bu r l i n g t o n N o r t h e r n R a i l r o a d r i g h t -o f-w a y , a nd m o r e p a r t i c u l a r ly d e s c r i b e d a s se t fo r th on Ex h i b it "A ", at t a c h e d he r e t o an d in c o r p o r a t e d in fu l l b y t h i s re f e r e n c e , w a s fi l e d w it h th e C i t y C l e r k o f t h e C i t y o f Edm o n d s fo r th e va c a t i o n of th e a b o v e d e s c r i b e d p r o p e r ty w h o ha s r e t u r n ed a ce r t i f i c a t i o n o f su f f i c i e n c y , a n d w h i c h ha s b e e n re v i e w ed in p ub l i c he a r i n g b y th e E d m o n d s H e a r in g Ex a m i n e r , an d W H E R E A S , St a t e la w req u ir e s a pu b l i c h e a r i n g on su c h p r o p o s a l an d t h a t t h e da te o f s u c h he a r in g b e se t by r e s o l u t io n , no w , t h e r e fo r e , T H E C I T Y CO U N C IL O F TH E C I T Y OF ED M O N D S , W A SH I N G T O N , H E R E B Y R E S O L V E S t h a t T u e s d a y , th e 7th d a y o f De c e m b e r , 19 8 2 , a t t h e h o u r o f 7 :3 0 p .m . a t th e Library Plaza Meeting Room , Ed m o n d s , W a s h i n g t o n , sh a l l be fix e d a s th e tim e an d p l a ce fo r - \ the hearing and determination by the City Council of said petition. RESOLVED this 1st day of November, 1982. AP.PROVED: ·--1,~,-1~~ n v:r t~ MAYOR, H. H. HARRISON ATTEST/AUTHENTICATED: .JI;, - ,., ~-tt ~ CITY CLERK, IRENE~ARNEY MORAN FILED WITH THE CITY CLERK: October 28, 1982 -2- - EXHIBIT A That portion of Government Lot 1, Section 24, Town- ship 27 North, Range 3 East W.M., described as follows: Beginning a; the southeast corner of said Government Lot l; thence N 89 20'00" W. along the south line o~ said Government Lot 1, a distance of 981.70 feet; thence NO 03'00" E, a dis- tance of 15.00 feet to the True Point of Beginning of this description; thence con~inuing N o0o3'00" E, a distance of 15.00 feet; thence N 89 20'00" W, parallel with the south line of said Government Lot 1, to an intersection with a line drawn parallel with and 37.50 feet southeasterly from the centerline of the main track of the Burlington Northern (former Great Northern) Railroad; thence S 29°41'00" W, along said parallel line, to an intersection with a line drawn par- allel with and lying 15.00 fe~t north of the south line of Government Lot l; thence S 89 20'00" E, along said parallel line, to the True Point of Beginning. Situated in Snohomish County, Washington. ~ U>~8-z.. SECTION24, TOWNSHIP 27N., RANGE 3E., W.M. --2-0~--r-. - o-- - 2~~ -17 - I ----------;1;'4J --~ ---//~~:---- t i ,, - I ~lo~~----- 1;0:: 11: / (JV I :,,7r=J_ -~nl ;I~ 11 :d ,CL 1"=200' seal ~ I SUBJECT PROPERTY\ ., __ _, --'- 7 ~ CASPERS 60 Q ,v ------~-'--- ·-----r----- 1 GILTNER LANE LANE •o 7 II 8 J VACAT.ION OF RIGHT-OF-WAY . .. ., - - - . A PORTION OF CASPERS STREET BET"{EEN 2ND AVE. N. ------ ---· - ..... ·-·-··- -··--··--···----- ·---·-·------·-·- - . ·. -··· AND BURLINGTON NORTHERN RAILROAD COMPANY R/W RES. NO. DATE ORD. NO. DATE SHEET NO. 8 OF OFFICIAL ST. MAP CITY OF EDMONDS ~ 9Ns2- EXHIBIT A • ;.:_•:'• .. ,. __ . ) "' ·'· . \, ~ . () EXHIBIT "B" The south 15 feet of the following described property , to wit : Beginning at the southeast corner of Government Lot 1, Section 24, T27N, R3E , W .M .; thence N 89°20'00"W , along the south line of said Government Lot 1, 911.70 0 feet; thence NO 03'00" E, 100 feet to the True Point of 0 Beginning; thence S o0o3'00" w6 85 feet; thence N 89 20'00" W, 85 feet; thence N 89 20'00" W to inter- sect a line which is parallel to and 37.50 feet south- easterly from the centerline of the main track of the Great Northern Railroad; thence N 29°41'00" E, along said parallel line to a point which bears N 89°20'00" W from the True Point.of Beginning; thence S 89°20'00" E to the True Point of Beginning. ~ S>/3/g.<:__ -:'.-.. (A ) (B) (D ) ( F) (G) Roll call. Approval of Minutes of December 21, 1982. Adoption of Ordinance 2341, vacating right-of-way in vicinity of 101 Caspers St. (Hubbard/ST-5-82) Passage of Resolution 540, setting February 1, 1983 as date for hearing on Copy Mart annexation. Authorization for Mayor to sign revised interlocal agreement for SNOPAC. PROPOSED ORDINANCE REGARDING COMPENSATING TIME FOR NONREPRESENTED, NONEXEMPT EMPLOYEES [Item (C) on Consent Agenda] Councilmember Jaech said the Council had been discussing strictly the nonrepresented, nonexempt employees, but the department heads were included in the proposed ordinance. City Attorney Wayne Tanaka explained that the entire compensatory time ordinance for the whole City was redrafted, but there were no changes made to what currently exists for department heads--the changes were only regarding the the nonrepresented, nonexempt employees. He said the current ordinance provides for compensatory time for department heads and assistant department heads, and this ordinance does not change that, but it does put a cap on accumulation of compensatory time by nonrepresented, nonexempt emrloyees. This proposed ordinance would leave everything status quo except for the nonrepresented, nonexempt employees. Councilmember Gould suggested passing it and then the Council can talk further about any additional changes for exempt employees. MOTION: COUNCILMEMSER KASPER MOVED, SECONDED BY COUNCILMEMBER JAECH, TO ADOPT ORDINANCE 2340 AND AT THE FEBRUARY 22 PERSONNEL MEETING TO REVIEW THE PORTION OF THE ORDINANCE APPLICABLE TO EXEMPT EMPLOYEES. MOTION CARRIED. PROPOSED ORDINANCE REGARDING PLANNING BOARD [Item (E) on Consent Agenda] Councilmember Naughten referred to 10.40.020A. 1. on page 2 of the ordinance and said it was his understanding that all members were to be residents of the City of Edmonds, rather than "At least five members ... " as stated in the proposed ordinance. That was the consensus of the Council. City Attorney Wayne Tanaka explained that in drafting the ordinance he had used a copy furnished by Mr. Mattson which had that notation penned in, as had the official copy provided to the Clerk. COUNCILMEMBER MOTION: NAUGHTEN MOVED, SECONDED BY COUNCILMEMBER ALLEN, TO ADOPT ORDINANCE 2342 BUT IN 10.40.020A. 1. ON PAGE 2 TO STRIKE THE WORDS "AT LEAST FIVE ... " SO THAT IT READS "MEMBERS OF THE BOARD MUST BE RESIDENTS OF THE CITY OF EDMONDS." MOTION CARRIED. Councilmember Naughten commended Councilmember Gould for his leadership on this issue, saying he thought they were now coming up with a better program and working .relationship. Councilmember Hall questioned the wording in 10.40.0208 regarding the term of appointment. She noted that following the statement of the length of term it states " ... and until the successor is appointed and confirmed." She noted that a person may be unable to continue for one reason or another, such as if he moves out of the area. City Attorney Wayne Tanaka responded that most elective offices, including Council positions, have this provision as it provides for situations such as when there is a problem confirming an appointee and there is no quorum--this way the board can still conduct business. AUTHORIZATION TO INCREASE PAYMENT TO WASHINGTON APPRAISAL SERVICE FROM $700 TO $860 FOR LID 211 [Item (H) on Consent Agenda] HOT ION: Councilmember Gould questioned the reason for the increase. City Engineer Jim Adams explained that the appraiser had attended two meetings. One had been at Mr. Adams' office on December 3 at which the appraiser discussed the method of assessment, and the other had been the City Council meeting which he attended to answer any questions. He had been hired by the Rowes, and at the end of the presentation made by the Rowes' attorney the attorney had asked the Council if they would agree to pay the costs, which he assumed were $700, not being aware of the additional $160 for the two meetings. Mr. Adams noted that most of this would still be paid by the Rowes. Counci hr.ember Kasper suggested paying for the hour the appraiser worked with the City Engineer but not for anything else, and Councilmember Gould agreed, saying he saw no reason to pay the $80 unless the appraiser was invited to testify. COUNCILMEMBER KASPER MOVED, SECONDED BY COUNCILMEMBER GOULD, TO INCREASE THE PAYMENT TO WASHINGTON APPRAISAL SERVICE FROM S700 TO $780 FOR LID 211. MOTION CARRIED. EDMONDS CITY COUNCIL MINUTES Page 4 - January 4, 1983 ,! December 29, 1982 MEMO TO: Harve H. Harrison Mayor FROM: Mary Lou Block Planning Director SUBJECT: PROPOSED ORDINANCE #2341 VACATING RIGHT-OF-WAY IN VICINITY OF 101 CASPERS STREET (HUBBARD/ST-5-82) The City Council on December 7, 1982 approved a street vacation initiated by the estate of L.E. Hubbard. Attached are a copy of the proposed ordinance and the signed view easement, required as part of this vacation action. It is the recommendation of the staff that City Council adopt Ordinance #2341, which will then be recorded immediately following the recording of the required view easement. (h )-v{) l;{1 eke./· DVB/mt Attachments 16 /(y Cl erk ;~ruff u 7 date \i --- --------·----- . _..,.=·-=·=--"-==--=-..:.-:.:::-:r :::::.~=".'-'C:'~:\'!'l~.;:tt',::l..~i~=-af .U.,~.:,l<Al"'-"""-..--'_,,J/,,:1+- ... --·..._._ .... .......,,.._'"'_ ......... .,"' ..... ,.,-.,..,._-..:=,...t,";,.; ........... _ - CITY OF EDMONDS CIVIC CENTER • EDMONDS. WASHINGTON 98020 • (206) 775-2525 PLANNING DEPARTMENT HARVE H. HARRISON MAYOR DATE: December 10, 1982 TO: Chester Bennett 400 Dayton Street Edmonds, WA 98020 TRANSMITTING: CITY COUNCIL MINUTES RE: ST-5-82 AS YOU REQUESTED: _ FOR YOUR INFORMATION: xxx ----------- AS WE DISCUSSED: FOR APPROVAL: FOR YOUR FILE: REVIEW AND COMMENT: COMMENT AND RETURN: MINUTES OF MEETING: December 6, 1982 REMARKS: CC: Gerald Lovell 23106 100th Avenue West Edmonds, WA 98020 PLANNING DEPARTMENT Pfl6w,lJ.lhtd..__ "' days. He said he, himself, had come to agreement with the people but he thought Mr. Taylor was getting a bad deal because of what he had given the City. He said he cannot have a lawyer come and say that because he did not have authority from Mr. Taylor do do so. No one else wished to speak, and the hearing was closed. MOTION: COUNCILMEMBER NAUGHTEN MOVED, SECONDED BY COUNCILMEMBER HALL, TO APPROVE THE PRELIMINARY LID, BASED ON THE NEGOTIATED PERCENTAGES, AND TO INCLUDE IN THE LID THE $700 COST OF WASHINGTON APPRAISAL SERVICES. He said he knew the majority of the people present believed this to be a more fair LID than what they had previously. THE MOTION CARRIED. ~,,~:·,Mr. Tanaka said he would revise the ordinance and bring it back on a Consent Agenda. - A short recess was announced. HEARING ON HEARING EXAMINER RECOMMENDATION TO VACATE PORTION OF RIGHT-OF-WAY ON CASPERS ST. IN VICINITY OF 101 CASPERS ST. (HUBBARD/ST-5-82) MOTION: Planning Director Mary Lou Block said this proposed vacation was initiated with the discovery that the residence at 101 Caspers St. is partially located on City right- of-way. The Hearing Examiner conducted a public hearing on September 2, 1982, fol- lowing which on September 16, 1982 he issued his report recorrrnending approval, subject to certain conditions listed in his report. Ms. Block reviewed his findings, con- clusions, and recorrrnendation. It was noted as one of the findings that there is a potential need by the City of Edmonds to utilize part of the subject right-of-way as a turnaround for the property that is east of the existing driveway on the subject property. The City also had requested a view easement which Ms. Block illustrated on a drawing and which would preserve the public view north from Sunset Ave. Such easement would prohibit fences, hedges, vegetation, or structures in excess of 4' in height in this area. The applicant did not object but said there are problems in establishing the location of monuments along Sunset Ave. so the exact location of the easement may be difficult to ascertain. The Hearing Examiner therefore made one of the conditions of his recorrrnendation to grant the vacation that the applicant be required to set survey monuments at 2nd and Caspers and at Sunset and Caspers, and that the City cooperate in finding the location of existing monuments along Sunset for the purpose of setting the survey monuments. He also included the view easement as a condition of the vacation and that no monetary compensation be required. Council- member Nordquist asked what it would cost the City to help locate the monuments, and City Engineer Jim Adams responded that there would be no out-of-pocket costs, only services of the City's files and engineers. The hearing was opened. Jerry Lovell of Lovell-Sauerland & Associates said the survey monumentation already had been completed. He said the City does not have a deed for Sunset Ave. and the right-of-way is very narrow with varied widths. He said this problem has grown like "Topsy" and no one knows where the right of way is. His firm had ins ta 11 ed a monument at 2nd Ave. and at the center line of Caspers. Chester Bennett, attorney for the Hubbard estate, had no objection to any of the Hearing Examiner's requirements, but he asked if the right-of-way would ever be used for a turnaround. He said that property is so pretty it would be a travesty to construct a turnaround there and he did not think the City would ever do that. He noted that the north 15' of the right-of-way was dedicated in error by the Hubbards and the house is now in that right-of-way--they always thought it was their property. Councilmembers Gould and Naughten favored eliminating the turnaround suggestion and vacating the entire strip, but Mayor Pro tern Kasper called to attention that there is no sidewalk on the street and people are backing into the driveway to turn around. He felt if this were to be modified at this point there should be another hearing, and Councilmember Hall expressed agreement. Ms. Block stated that they were not recorrrnending a turnaround, only that the right-of-way be kept in case a turnaround or sidewalks are needed sometime in the future. Mr. Lovell said they only were interested in clearing the house of the encroachment in order to sell it, and that was the reason for the right-of-way vacation request. Mr. Bennett said he thought it not likely that the turnaround would ever happen, so this was acceptable to him as it was. The hearing then was closed. COUNCILMEMBER NAUGHTEN MOVED, SECONDED BY COUNCIL- MEMBER HALL, TO APPROVE THE REQUESTED VACATION ST-5-82, BASED UPON THE RECOMMENDATIONS OF THE HEARING EXAMINER AND THE STAFF, AND ACCEPTING THE FINDINGS AND CONCLUSIONS OF THE HEARING EXAMINER. MOTION CARRIED. EDMONDS CITY COUNCIL MINUTES Page 4 - December 7, 1982 C IT Y O F E D M O N D S CIVIC CENTER • EDMONDS, WASHINGTON 98020 • (206) 775-2525 CITY ATT ORNEY HARVE H. HARRISON MAYOR December 13, 1982 Mary Lou Block Planning Director Edmonds Civic Center Edmonds, WA 98020 Re: Ordinance Vacating Right-of-Way in Vicinity of 101 Casper St. Dear Mary Lou: Enclosed please find a copy of an ordinance vacating that portion of Casper St. next to the Hubbard property. Please have this matter placed on an upcoming Council consent agenda. By copy of this letter I am requesting Chet Bennett to prepare the view easement, forward the original to you and a copy to me for review. Very truly yours, OFFICE OF THE CITY ATTORNEY ~ ~ ~ W Tanaka WDT/mjr cc Irene Varney Moran Chet Bennett - December 3, 1982 MEMO TO: Harve H. Harrison Mayor FROM: Mary Lou Block Planning Director SUBJECT: HEARING ON HEARING EXAMINER RECOMMENDATION TO VACATE A PORTION OF R/W ON CASPERS STREET IN THE VICINITY OF 101 CASPERS STREET (HUBBARD/ST-5-82) This proposed vacation was initiated with the discovery that the residence at 101 Caspers Street is partially located on City right-of-way. The Hearing Examiner, on September 2, 1982, conducted a public hearing on this matter. On September 16, 1982, the Hearing Examiner issued his report outlining his findings, conclusions and recommendation on this matter. Attached are a copy of his report, a vicinity map, site map and the proposed view easement. It is the recommendation of the Hearing Examiner that ST-5-82 be approved subject to the conditions listed in the attached report. I 111\ iv6~-vl__- DB/mt Attachments ~ City Clerk /,'j.,l!i_y~ date ,1 - October 28, 1982 MEMO TO: Harve H. Harrison Mayor FROM: Mary Lou Block Planning Director SUBJECT: PROPOSED RESOLUTIONS SETTING DATES FOR HEARINGS ON STREET VACATIONS (ST-3-82 AND ST-5-82} Attached are two resolutions which will formally enact the City Council 1s action of October 19, 1982 setting the public hearing dates for the street vacation requests of Hubbard and Goldsmith. V{Tu\vb£+A DB/mt attachment k tof ;l,;.,{ ~dL > City Clk date '-- ~i'l: 9'-..2-~:J.. ST-5-82 PETITION TO VACATE A PORTION OF THE RIGHT-OF~WAY FOR CASPERS STREET} WEST OF 2ND AVENUE NORTH} AT APPROXIMATELY 10] CASPERS STREET IF YOU WISH TO SPEAK ON THIS ITEM} PLEASE PRJNT YOUR NAME AND ADDRESS BELOW, NAME ADDRESS (!,~&A/A/# ~e~o LovELL ~~o caz~AJ ~~s ~S)O<o- JO O ~ ~v ~v &c:,.-,OAADS September 20, 1928 MEMO TO: Mary Lou Block Planning Director FROM: JAMES E. ADAMS, P.E. City Engineer SUBJECT: VACATION OF RIGHT-OF-WAY - A PORTION OF CASPERS STREET BETWEEN 2ND AVE. NO. AND BURLINGTON NORTHERN RAILROAD COMPANY RIGHT-OF-WAY Attached are description. been sent to reproduction revised Exhibit 11A11 drawing and revised Exhibit 11B11 legal These are for your use and files. The originals have the City Attorney. An original quality copy suitable for has been sent to the City Clerk for her files. The drawing requires the affixing of the appropriate resolution and ordinance numbers and the dates. Initials and date in the lower left corner of attachments indicate that they have been checked by the Engineering Department. If you have any questions regarding this matter, please contact Gordon Hyde of the Engineering Department at extension 283. ~~ GH/ml Attachments (2) .L1t.t.,.::,.vc:o SfP ;q At0.R2 V ..... {) 0/i'Y Of !::"[):1,10:,,')<:; lf~-r1~· , , September 3, 1982 MEMO TO: Mary Lou Block Planning Director FROM: James E. Adams City Engineer SUBJECT: VACATION OF A PORTION OF CASPER ST. BETWEEN 3RD AVE. N. AND BURLINGTON NORTHERN RAILROAD RIGHT-OF-WAY Attached are Exhibit "A" drawing and Exhibit "B" legal description. These are for your use and files. The originals have been sent to the City Attorney. Original quality copies, suitable for repro- duction, have been sent to the City Clerk for her files. The drawing requires the affixing of the appropriate resolution and ordinance numbers and date. Initials and date in the lower left corner of the attachments indicate that they have been checked by the Engineering Department. If you have any questions regarding this matter, please contact Gordon Hyde of the Engineering Department, extension 283. GH/st Attachments (2) - - !.) :::..t., c.,yt:.·o FINDINGS AND RECOMMENDATIONS OF THE HEARING EXAMINER OF THE CITY OF EDMONDS r,-p r, r, '982 'I- ~· t., ': I ,J L... .J •• crrv OF toiv.oNos· IN THE MATTER OF THE APPLICATION OF L.E. HUBBARD FOR APPROVAL OF ; A RIGHT-OF-WAY VACATION IN THE CITY OF EDMONDS. RECOMMENDATION: The application should be granted subject to the conditions listed. FILE: ST-5-82 INTRO DU CTI ON The estate of L.E. Hubbard, c/o Chester Bennett, 400 Dayton Street, tdmonds, Washington, 98020, and hereinafter referred to as Applicant, has petitioned for vacation of a portion of Caspers Street, west of 2nd Avenue West at approximately 101 Caspers Street, Edmonds, Washington, and more particularly described as set forth in Exhibit 4 of the hearing in this matter. A hearing on the request was held before the Hearing Examiner of the City of Edmonds, Washington, on September 2, 1982. The following presented testimony at the public hearing: Duane Bowman Planning Dept. City of Edmonds Edmonds, WA 98020 Gera 1 d Love 11 23106 100th Ave. W Edmonds, WA 98020 Chester Bennett 400 Dayton Edmonds, WA 98020 The following exhibits were presented and admitted into evidence at the hearing: Exhibit 1 - Staff Report 11 2 - Petition 11 3 - Explanation letter from Gerald Lovell 4 - Exhibit A 5 - Exhibit B 6 - Site Plan 7 - Quitclaim Deed, Tasket and Hubbard 8 - Declaration of Non-significance 9 - The slides 10 - Amended Staff Report 11 - Amended Site Plan After due consideration of the evidence presented by the Applicant; evidence ( Findings and Recommendations of the Hearing Examiner of the City of Edmonds Re: ST-5-82 Page 2 elicited during the public hearing; and, as a result of the personal inspection of the subject property and surrounding areas by the Hearing Examiner, the following findings of fact and conclusions con- stitute the basis of the recommendation of the Hearing Examiner. FINDINGS OF FACT l. The Applicant has requested to vacate a portion of Caspers Street, west of 2nd Avenue West, at approximately 101 Caspers Street, in the City of Edmonds, Washington, and more particularly described as set forth in Exhibit 4 attached hereto. 2. Admitted as Exhibit 11 at the public hearing and attached hereto as part of these findings of fact and conclusions is a site plan map showing that portion of the right-of-way that is sought to be vacated. The portion of the right-of-way sought to be vacated is 3,705.3 square feet. Part of this area in question has residential purposes by the Testator of the Applicant. house is located in the subject right-of-way. 4. Casper Street is an existing 60-foot right-of-way. It became a 60-foot right-of-way in 1947 when the Testator quitclaimed 15 feet of right-of- way to Snohomish County. When the property was annexed into the City of Edmonds, the City assumed this 60-foot right-of-way. 3. approximately been used for Part of the 5. In 1974 the City of Edmonds amended the Comprehensive Thoroughfare Plan map to downgrade Sunset Avenue, from Main to Caspers Street, to a residential access street instead of a community arterial. Therefore, the need for excessive right-of-way diminished at this time. 6. The property that is the subject of the right-of-way vacation request has for many years been utilized as part of the back yard of the house existing on the property. According to the City of Edmonds, there is a potential need for the City to utilize part of the subject right-of-way as a turnaround. The turnaround area would be for the property that is east of the existing driveway on the subject property. 7. The City of Edmonds has requested that if the property in question is vacated a view ease~ent be placed on the subject property which would follow the continuation of the east right-of-way line of Sunset Avenue north to a point of intersection with the north line of the subject right-of-way, then following a line 90° at the above intersection point to the west property line. According to the Planning Department, this easement would prohibit fences, hedges, vegetation or structures in excess of four feet in height from being placed in this area. The purpose of this easement would be to preserve the public view north from Sunset Avenue. 8. The Applicant testified to be in agreement with the need for a view easement. However, the Applicant testified that there are problems in establishing the location of monuments along Sunset Avenue and so the exact location of the easement may be difficult to ascertain. F i n d i n g s a n d R e c o mm e n d a t i o n s o f t h e H e a r i n g E x a m i n e r o f t h e C i t y o f E d m o n d s R e : S T -5 -8 2 P a g e 3 9 . T h e P l a n n i n g D e p a r t m e n t o f t h e C i t y o f E d m o n d s r e c o m m e n d e d a p p r o v a l o f t h e r i g h t -o f -w a y v a c a t i o n s u b j e c t t o t h e f o l l o w i n g c o n d i t i o n s : A . T h e A p p l i c a n t b e r e q u i r e d t o s e t m o n u m e n t s a t 2 n d & Caspers and at Sunset & Caspers Streets. B. The vacation be from the east line of driveway, west as shown on Exhibit 11. C. A view easement be retained as shown on Exhibit 11. D. No monetary compensation be required. 10. The Applicant's representative was in agreement with the recommendation of the Planning Department. 11. No adverse testimony was received in this matter. CONCLUSIONS Based on the preceding findings of fact, the following conclusions are made with regard to the application for the vacation of a portion of Caspers Street west of 2nd Avenue West, at approximately 101 Caspers Street, Edmonds, Washington. CONCLUSIONS l. The Applicant has petitioned for vacation of a portion of Caspers Street, west of 2nd Avenue West, at approximately 101 Caspers Street, in the City of Edmonds, Washington, and more particularly described in the attachment hereto. 2. The petition to vacate a portion of the above street appears to be consistent with the Comprehensive Policy Plan map and the Comprehensive Thoroughfare Plan nap of the City of Edmonds. 3. The proposed right-of-way vacation is consistent with Section l5.050.020(C) Street Vacations and Dedications of the City of Edmonds Community Develop~ ment Code. It is consistent in that the Comprehensive Plan of the City of Edmonds has been referred to and the location, character and extent and effect of the vacation have been considered at the vacation hearing. 4. Chapter 15.40 and Chapter 18.50 of the City of Edmonds Community De- velopment Code have been considered in the deliberations of the Hearing Examiner and the proposed vacation of the mentioned right-of- way is consistent with these chapters. The usefulness of the right-of- way vacation is limited because of the location of the residence on the site and any development of the right-of-way by the City is not practical. 5. A vacation of the proposed right-of-way would be consistent with the City's Comprehensive Thoroughfare Plan map in that street boundaries and property lines will be more uniform within the area. 6. The Applicant dedicated right-of-way of 15 feet to Snohomish County in - Findings and Recom._ndations of the Hearing Examiner of the City of Edmonds Re: ST-5-82 Page 4 1947. This right-of-way was annexed into the City of Edmonds. It appears that no compensation for the right-of-way will be necessary. 7. It appears that there is a potential for a future need for the right- of-~ay from the east of the existing driveway on the subject property. This need is for a turnaround place for traffic in the future. 8. A view easement should be placed on the west end of the existing right-of-way and on part of the property owned by the Applicant. This easement is necessary to protect the public view north from Sunset Avenue. 9. The Planning Department of the City of Edmonds recommended approval of the application subject to the conditions listed in Finding #9. 10. No opposition testimony was received. 11. The Hearing Examiner of the City of Edmonds has the authority to make recommendations to the City Council of the City of Edmonds on the proposed right-of-way vacation. This authority is based on the authority granted in Section 20.l00.0l0(A)2 of the City of Edmonds Development Code. RECOMMENDATION Using the above findings and conclusions as the basis of the recommendation, the Hearing Examiner of the City of Edmonds hereby recommends that the City Council of the City of Edmonds approve the vacation of a portion of the right-of-way of Caspers Street, west of 2nd Avenue West at approxi- mately 101 Caspers Street and more particularly described as set forth in the attached exhibit. This vacation should be granted subject to the following conditions: l. The Applicant be required to set survey monuments at 2nd & Caspers and at Sunset & Caspers Streets. The City of Edmonds is to cooperate with the Applicant in finding the location of existing monuments along Sunset Avenue for the purpose of setting the survey monuments. 2. The right-of-way vacation shall be limited to the right-of-way that is identified on the attached Exhibit 11 as that area to be vacated. The exact legal description of this area is to be established by the Appli- cant and approved by the City Engineering Department. 3. A view easement running with the land shall be dedicated to the City of Edmonds. The easement shall be located at the west end of the vacated right-of-way and extend to the north on the Applicant's prorerty. The exact location of this view easement shall be deter- mined upon the establishment of the monuments by the Applicant. 4. No monetary compensation shall be required by the Applicant. Entered this 16th day of September, 1982, pursuant to the authority granted Findings and Recorn . .dat io ns of the Hearing Exam iner of the City of Edmonds Re: ST-5-82 Page 5 the Hearing Examiner of the City of Edmonds under Chapter 20.100 of the Edmonds Community Development Guide. " JfiMES M. DRISCOLL ~/k/1 N O T I C E ------ You are hereby given notice that pursuant to RCW Section 35.63.130 the foregoing findings, conclusions and recommendations have been submitted to the Mayor and City Council of the City of Redmond, Washington, for their consideration and approval. Council action on this item will occur at a later date. PROCEDURE FOR RECONSIDERATION All motions for reconsideration of specific items or omissions may be made in writing to the Hearing Examiner within ten (10) business days from the date of these recommendations. The final date for motion for reconsidera- tion is 5 p.m. on September 30, 1982. Ex \-\\6 \\ I\ Ji, I .:t'"? J.. I,~ ~'i? /,foJ ~-~ IQ- (5. I o·q: ' c; / 0 00· t' ,, /2 o"? /. q: 0 'J" " . - , o'v . " ~~ :: ~ ~~ I (f Q-~ It{~ "" /2 ~aJ.._-'<-«; . ;·· ~ Q- - ' '?" ~o . -~ /t;j"t...v - I '<. J 0 \J Q- ? ' <~ I «o Q-V j ~i I \"" J.._ AREA CoVEl<!:::.O By 0/v V1E.W l:cA6E.MEN,- ,i I AREA 10 BF- I j I 0 < j ( 0 V) _,' I I ."'_., A '· 'v ( □ r:1 I ...... J ,------ 1 I I ,...____ ; ~ v t-'U\"(Et) <. ;/) ,;- \SO.IT .... (IN£. o« 60v[l,.>VCNr ._('\rt - -N~;i•ic·c0",-1., -- -· - -· --- --·--- ·· - JCDPY O 5C J...JC,I CASPERS ST/:?EET ND9"2"0-oo·w · - ·- · ··- -- · -I· - l - - if C..ASr..-'("J.:~ S7"0C(T p,;;,QC'UC£.0 WCSTCRU~ Pl?()M 3•o AVt "J LEGAL OE"SCR1bTION ~: ·-·r,.,•.,r.~,:-- .:IT T..1[._ SOL'"':'I-IE.AST CtJ,;'"'1[;.,,, I'),: C...iJ.11/CRlllv1CNT LOT I b.J<'EA --ro ~AINED c_~+'( ~---:r,01v ~4. r "i:'7 N.,Q 3 E., WAA; -H[Nt~E· Ne<r~o·oo ·...v . .4LOM3 -,__t_· S'.Jt..17,-..i (II\"£ or 5Al0 GOvt:QNAA£NT ..__c: I~ QI/ 1C' f:"F.!:::."7; r1-1c.NC(. A; . .7•03 O<Y£, I()'.? f.T.~r TC T,-t[ r,:;>'(1£ O(JINT Of:" 8EGINIVING- Tµr:_, .. ;,..;[. 5c•a3·oo·w,,:,5 ~t:€t;T~CN":~ ,. .. ~• .. ?oQ'OO"W r::; ''"' .. ~'<St:.cr A LINC. WI-IICH ,s a-1.D..J<..;,.f.:L ·T_"I At,1,J 37~<) CFEr 50,._•';'NCA~rc.;>LV f:"t:.?QM Tl-IC (ff. r r c ..... c.r;«: ..JC ,-Hf:_ A-fAIN ':".t;'ACA' ()C rHt:GQCA"; N(ll."THCRN QJ1t..t.,,.,·~~AC"~T...J€.NCC NCQ•.-11·oc,·c, .l.,._:)t.JG SL.10 PAQALlEL LiNE. to A PC1Nr- ~~-NCH (3€Af;l5 t.: -~)•i!c·.:..'\?· o,'\,' J:"f..:>;M,1 r11[.. T/;'Uf. A:}if\/T Q$.:-' et·c-.1.VNING; T~l"NC~ ';-AQ"._-.:; co:c I ' J...IAJ:?tX.0 D GEQCXJAV .... ') n-<1€ Tl:?UC.. POI,\.~ :);'.'.. 8C1.3 :Nlv,A::; LE.GENO • - SC :' ,QON PIN W ITl--t PLASnc CA-..., Ne· .. :· 9(!9/ ;.;I~ "~ tc :." ., / .!.' + '-<'CLG-4 l AMD<ll. - I I 8ASl5 or 8[Al<ING5 ~ ~ ~~ ~ ~ ou to "Ne<rz,:,-O'J·w-- SE COJ:?NEc> or _ ~ 01.)~ .• l_c·"' · ·, ADQ=::--7 CASpt'l?S- I ~PUG~R R.C. ~ """". - :s 0. ~ N· V, BE:: by ~» PLAT OF SURVEY FOR ESTATE OF L. E. HUBBt ,,-. f The south 15 feet of the following described property, to wit: Beginning at the southeast corner of Government Lot 7, Section 24, T 27 N, R 3 E W.M.; thence N 89°20'00" W, along the south line of said Government Lot 1, 917.70 feet; thence N 0°03'00" E, 100 feet to the True Point of Beginning; thence S 0° 03' 00" W, 85 feet; thence N 89° 20 '00" W to intersect a line which is parallel to and 37.50 feet southeasterly from the centerline of the main track of the Great Northern Railroad; thence N 29° 41 '00" E, along said parallel line, to a point which bears N 89°20'00" W from the True Point of Beginning; thence S 89°20'00" E to the True Point of Beginning. /' I October 14, 1982 MEMO TO: Harve H. Harrison Mayor FROM: Mary Lou Block Planning Director SUBJECT: HEARING ON HEARING EXAMINER RECOMMENDATION TO VACATE PORTION OF R/W ON CASPERS STREET IN VICINITY OF 101 CASPERS STRES_T_(HUBBARD/ST-5-822 The Hearing Examiner,on September 2, 1982,conducted a public hearing on this matter. On September 16, 1982, the Hearing Examiner issued his report outlining his findings, conclusions and recommendation on this matter. Attached are a copy of the Hearing Examiner report, a vicinity map, site plan and a sample view easement. It is the recommendation of the Hearing Examiner that ST-5-82 be approved subject to the conditions listed in the attached report. ~~- DB/mt Attachments ~ 10/;41!~ City Cl erk 'clae "- THESE ,UTES SUBJECT TO OCTOBER 12 APPROVAL ( EDMONDS CITY COUNCIL MINUTES October 5, 1982 The regular meeting of the Edmonds City Council was called to order at 7:35 p.m. by Mayor Harve Harrison in the Council Chambers of the Edmonds Civic Center. All present joined in the flag salute. PRESENT Harve Harrison, Mayor Jo-Anne Jaech Laura Hall Bill Kasper Katherine Allen John Nordquist Larry Naughten ABSENT Ray Gould STAFF PRESENT Irene Varney Moran, City Clerk Mary Lou Block, Planning Director Art Housler, Finance Dire ctor Marlo Foster, Police Chief Jack Weinz, Fire Chief Pat LeMay, Personnel Director Steve Simpson, Parks & Recreation Director Bill Nims, Traffic Engineer Wayne Tanaka, City Attorney Mark Eame s, City Attorney Jackie Parrett, Deputy City Clerk CONSENT AGENDA Items (B), (0), and (G) were removed from the Consent Agenda. COUNCILMEMBER NORDQUIST MOTION: MOVED, SECONDED BY COUNCILMEMBER KASPER, TO APPROVE THE BALANCE OF THE CONSENT AGENDA. MOTION CARRIED. The approved items on the Consent Agenda included the following: (A) Roll call. ~e.b,Ji, ~ at.v,,l, (C) Set date of October 19, 1982 for hearingoil Hearing Examiner recomme ndation to vacate portion of right-of-way on Caspers St. in vicinity of 101 Caspers St. (Hubbard/ST-5-82) (E) Approval of request from PAWS for increase in shelter fees to $375 monthly. (F) Authorization to call for bids on October 21, 1982 for 1982 street restora- tion program. MOTION: APPROVAL OF MINUTES OF SEPTEMBER 28, 1982 [Item (B) on Consent Agenda] Councilmember Naughten removed this item from the Consent Agenda to corrme nd the recording secretary, Teresa Quigley, for an outstanding job of preparing minutes of a meeting that was long and difficult. COUNCILMEMBER NAUGHTEN THEN MOVED, SECONDED BY COUNCILMEMBER ALLEN, TO APPROVE THE MINUTES SEPTEMBER 28, 1982. MOTION CARRIED. AUTHORIZATION TO CALL FOR BIOS FOR LIGHT SHIELDS FOR CIVIC CENTER FIELD [Item (D) on Consent Agenda] CouncilmemberNordquist said it had been his understanding that the light shields already had been ordered, but now there was a request to go to bid. Parks and Recrea- tion Director Steve Simpson responded that 12 had been installed on the worst lights as a test (two kinds of light shields were tested). The design of the most effective one was not sturdy so they will have them manufactured locally and specifications had been prepared. There are approximately 52 additional shields needed. Mr. Simpson said there are dark spots on the field which make it dangerous to play on, and they want to be able to turn all the lights on but they cannot do that without the shields or the lights will splash into the neighbors' yards. He acknowledged that there had been dark spots on the field before installation of the lights but said the field was used for practice at that time and not for competition play. COUNCILMEMBER NORDQUIST MOTION: MOVED, SECONDED BY COUNCILMEMBER KASPER, TO APPROVE ITEM (0) ON THE CONSENT AGENDA. MOTION CARRIED. ..... #~) August 20, 1982 MEMO TO: Duane Bowman Assistant Planner FROM: Gary L. McComas Fire Marshal SUBJECT: FIRE DEPARTMENT REVIEW FOR THE HEARING EXAMINER OF: ST-5-82 CU-34-82 V-12-82 Approved no comment. Approved - the tennant is now selected and will be House Dressings, Inc. which does not present any signigicant hazard. A new standard fire hydrant is required as in- dicated. This will be connected via the new cross connection between the dead end main at the southwest end of the port and the end of the existing water main on Pine Street. The cross connection has previously been proposed by the city. GLM:be _Jjruw i~ ~ChwAA . <S -., - September 10, 1982 MEMO TO: FROM: SUBJECT: Jim Adams City Engineer Duane V. Bowman Assistant City Planner EXHIBITS FOR THE VACATION OF A PORTION OF CASPER STREET BETWEEN 3RD AVENUE NORTH AND BURLINGTON NORTHERN RIGHT-OF-WAY I have received the exhibits you prepared for the above street vacation request. Unfortunately, the request has been modified to take only a portion of the requested right-of-way which means a change is needed to the exhibits. Attached is a legal description prepared by Lovell-Sauerland describing the modified vacation area. Please prepare new exhibits utilizing this description. If you have any questions, please contact me at extension 254. DVB/mt attachments ~)~: ST-5-82 9-:.2-S?.:2 PETITION TO VACATE A PORTION OF THE RIGHT-OF-WAY FOR CASPERS STREET, WEST OF 2ND AVENUE NORTH, AT APPROXIMATELY 10 ] CASPERS STREET IF YOU WISH TO SPEAK ON THIS ITEM, PLEASE PRINT YOUR NAME AND ADDRESS BELOW, NAME ADDRESS (! /47 ~Al ,vef G;.-E ~<-0 LOVELL ~CJD ~J,'~/41 ~~$ --z_ 5) O<S- JOO!y....)_ ~V ~c::; ~OAA D S ,· EXHIBIT l 0 MEMO TO: James Driscoll Hearing Examiner September 2, 1982 FROM: Duane V. Bowman Assistant Planner SUBJECT: REVISIONS TO STAFF REPORT FOR ST-5-82 After receiving inquiries into the proposed street vacation request, filed by the estate of L. E. Hubbard, staff has the following revisions to the staff report filed as Exhibit l in this matter: VII. USEFULNESS The area in question has been for many years been utilized as part of the applicants yard. In fact, as shown on Exhibit 6 , part of the house is located in the right-of-way. There is a potential need for the City to utilize part of the subject right-of-way as a turnaround. This would be east of the existing driveway. VI I I. EASEMENTS A view easement should be placed on the subject property which fo 11 ows the continuation of the east right-of-way line of Sunset Avenue north to a point of intersection with north line of the subject right-of-way, then following a line 90 at the above intersection point to the west property line. No fences, hedges, vegetation or structures would be allowed over 41 in height within this area. The purpose for this view easement is to preserve the public view north from Sunset Avenue. X. STAFF RECOMMENDATION It is the recommendation of the staff that ST-5-82 be approved subject to the following conditions: l. The applicant be required to set monuments at 2nd & Casper and at Sunset & Caspers Streets 2. The vacation be from the east line of driveway, west as shown on Exhibit 11. 3. A view easement be retained as shown on Exhibit 11. 4. No monetary compensation be required. J. .. I\ I j t' 0 < ..) 0 0 ,~. I I JCRl<Y D SCJ-1€,I ,------ 1 I I i I BASIS OF 8[A>?ING5 J./ELG.4 L AMD4L SE COl?N EI? OF Q1170· ~ "G1J✓-:- LO,- , - -, - - ·Ne9•zo·oo·w -- · ~--- ·· - PLAT OF SURVEY FOR ESTATE OF L. E. HUBBt .. - ., ) '"\ - - '·' .. - - FILE NO. 01.3.06 August 25, 1982 MEMO TO: Mary Lou Block Planning Director I SUBJECT: James E. Adams City Engineer SUBJECT: HEARING EXAMINER'S ITEMS (ST-5-82), (CU-34-82) & (V-12-82) I reviewed the subject items and submit the following comments: 1. ST-5-82, L.~E~Hubbard-Estate We do not object to this proposed vacation of the right-of-way, but suggest that as a condition of this action, monuments be set at the intersections of 2nd and Caspers, and Sunset and Caspers. We will prepare an Exhibit "A", a map of the area; and an Exhibit "B", a legal description of the proposed vacated area. 2. ,,1 ':., (' ·, \_I ! 3. CU-34-82, Auto Chlor System A detailed site plan shall be required with A.D.B. application. Our concern shall be the ability of the "once a week" delivery semi to make deliveries without affecting SR 104 traffic flows. We are not otherwise opposed. V-12-82, City of Edmonds The Public Works Superintendent stated that the sprinkler system c, be relocated by City forces at very little expense. We have received several complaints from people with storage lockE adjacent to the current parking lot. The overhang allows cars to park so close that it is difficult to open the doors to the stora I recommend that wheel stops be placed in the present parking ban as not to allow the two foot overhang. ,lVJ \!)~~u r r I . ' ) J J / \, oC. /\ ,1.U C\J \)Y /i {{) 'XJo,'1' ,_., - Memo to: Mary Lou Block August 25, 1982 Page 2 3. Continued I am personally opposed to the City obtaining a waiver to this code requirement. Based on the comments of the Public Works Superintender there is no substantial hardship if the variance is not granted. Please note that a water main is scheduled to be constructed in this area and should be installed prior to any further pavement. JEA/st Attachments -~ 2- /\} ~ ~~ EX HIB IT LI ST 1) Staff Report 2) Pet it ion 3) Explanation Letter from Gerald Lovell 4) Exhibit A 5) Exhibit B 6) Site Pl an 7) Quit Claim Deed, Taskett and Hubbard 8) Declaration of Non-Significance 9) Slides - - THIS IS THE PACKET THAT WAS SENT TO -THE HEARING EXAMINER ON 8-27-82. EXHIB IT 1 STAFF REPORT TO THE HEARING EXAMINER FILE #ST-5-82 HEARIN G DATE: SEPTEMBER 2, 1982 I. REQUESTED ACTION: Vacate a portion of Caspers Street, west of 2nd Avenue West at approximately 101 Caspers Street. II. PETITIONER: Estate of L.E. Hubbard c/o Chester Bennett 400 Dayton Street Edmonds, WA 98020 III. LEGAL DESCRIPTION: See Exhibit B. IV. DESCRIPTION OF SUBJECT PROPERTY AND SURROUNDING AREA: The portion of right-of-way to be vacated contains approximately 3,705.3 square feet. The house at 101 Caspers Street is actually located within the right-of-way along with a brick wall. (See Exhibit 6). Surrounding development is primarily single family residential. To the west is the Burlington Northern Railroad right-of-way and to the southwest is Sunset Avenue Park. V . RELATED ACTIONS: In 1974, the City amended the Comprehensive Throughfare Plan map to downgraded Sunset Avenue, from Main to Caspers Street, to a residential access Street instead of a Community Arterial. Caspers Street from 3rd Avenue North to Sunset is a local access only west bound. A traffic island has been placed so as to prohibit traffic from entering Sunset Avenue from Caspers Street. VI. OFFICIAL STREET MAP: Caspers Street Proposed R/W 45' Existing 60' The Official Street Map indicates that the right-of-way for Caspers Street adjacent the subject property is 45'. However, with the Quit Claim Deed given by the Applicant in 1947, the,right-of-way appears to actually be 60'. I ,,.._ ~ Exhibit 1/File #ST-5-82 Pa9.e 2 VII. USEFULNESS: The area in question has for many years been utilized as part of the applicants yard. In fact, as Exhibit 6 shows, part of the house is located in the right-of-way. VIII. EASEMENTS: No easements are required. IX. COMPENSATION: It is the policy of the City to require compensation for vacated right-of-way. This compensation being determined by an appraisal, the cost of which is borne by the applicant. In this particular case, the applicant originally dedicated the property so compensation should not be required. X. STAFF RECOMMENDATION: It is the recommendation of the Staff that ST-5-82 be approved subject to the following condition: The applicant be required to set monuments at the intersections of 2nd and Caspers and Sunset and Caspers. / q-2 ~ i2✓ 6 1-~ 5:- g-z_ EXHIBIT 2 PETITION FOR STREET VACATION TO THE HONORABLE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON WE, the undersigned, owners of two-thirds of the real property abutting upon the public street described below, do hereby petition the City of Edmonds to vacate said street, described as follows: The south 15 feet of the following described property, to wit: Beginning at the southeast corner of Govern~ent Lot 1, Section 24, T 27 N, R 3 E W.M.; thence N 89°20'00" W, along the south line of said Government Lot 1, 911.70 feet; thence N 0°03'00" E, 100 feet to the True Point of Beginning; thence S 0°03'00" W, 85 feet; thence N 89°20'00" W to intersect a line which is parallel to and 37.50 feet southeasterly from the centerline of the main track of the Great Northern Railroad; thence N 29°41'00" E, along said parallel line, to a point which bears N 89°20'00" W from the True Point of Beginning; thence S 89°20'00" E to the True Point of Beginning. all situate in the City of Edmonds, County of Snohomish, State of Washington, and request that said City Council by Resolution fix a time and place when this Petition shall be heard and determined by that authority, which time shall not be more than sixty (60) days nor less than twenty (20) days after the passage of such Resolution. PRAYER OF PETITION: For the vacation of a portion of the right of way for Caspers Street in Edmonds, Washington. Dated this 29th day of July, 1982. ESTATE OF~ L~,0HU BA~R~~1/ "',., .✓ A~J; ~'- ~ // ,•-...; ~ 1/ ,. A//,;-, <._f_,,. . By ½7 )~-- J W~, , Y:.xr _t- - r R. Benne,kt, Personal 400 Dayton Street Edmonds, Washington 98020 '!'-- .-" ..... ~. :...;.: GERALD W. LOVELL, P.L.S. JURGEN P. SAUERLAN0, P.L.S. LOUIS F. CAVIEZEL, P.E. Lovell-Sauerland & Associates, Inc. Engineers • Surveyors • Development Consultants • Planners EXHIBIT 3 July 29, 1982 LSA File No. 82-899 Edmonds Planning Department Edmonds Civic Center Edmonds, Wa. 98020 Re: Proposed Vacation of a Portion of Right of Way for Caspers Street in the City of Edmonds Gentlemen: This letter is submitted in support and explanation of the necessity for vacating a portion of the existing right of way for Caspers Street, between 2nd Avenue N. and the Burlington Northern Railroad Company right of way. For many years, probably since the original establishment and con- struction of Caspers Street, some confusion has existed concerning the location of the right of way with respect to the normal section subdivi- sion line located in the vicinity thereof. Actually, the centerline of Caspers Street, as now established and constructed between 9th Avenue N. and the Burlington Northern Railroad Company right of way, is located fifteen feet south of and parallel to the normal section subdivision line separating the north half and the south half of the northwest quarter of the section within which the street is located, i.e., Section 24, Township 27 North, Range 3 East W.M .. This is an unusual situation because, most often, when a street is located along a normal section subdivision line, the subdivision line and the street centerline are coincidental. This situation has caused problems for the owners of adjoining properties and others concerned with the legal descriptions for such properties, particu- larly for those persons who have wrongfully assumed that, as usual, the street centerline and normal section subdivision line are coincidental. On January 29, 1947, Frank B. Taskett and Mary Taskett, his wife, and L. E. Hubbard, executed a Statutory Quit Claim Deed to Snohomish County, for street right of way for what is now a portion of Caspers Street, a copy of which instrument is submitted herewith for reference. The legal des- cription contained in that instrument is as follows: The south 30 feet of Government Lot 1, Section 24, Township 27 North, Range 3 East W.M.; EXCEPT east 660 feet thereof; and EXCEPT Great Northern Railway right of way. 23106 · 100TH W. EDMONDS, WASH. 98020 PHONE 775-1593 EXHIBIT 3 Edmonds Planning Department - 2 - July 29, 1982 and includes the property which is the subject of the street vacation peti- tion being submitted herewith. The south line of the strip of land conveyed therein would be coincidental with the normal section subdivision line, i.e., the south line of Government Lot 1, which is located fifteen feet north of the centerline of Caspers Street. Pu;suant to a boundary survey of the former L. E. Hubbard residence, situated immediately north of and adjacent to the street right of way of which vacation is requested herewith, and examination of maps on file in the Edmonds Engineering Departement, it appears clear that the Grantors named in the Statutory Quit Claim Deed hereinabove mentioned, intended, by virtue of said instrument, to convey a strip of land, thirty feet wide, measured north from the centerline of Caspers Street as now const'ructed. However, due to apparent confusion concerning the relationship between the street centerline and the normal section subdivision line, the Grantors inadvertently conveyed, per the legal description recited above and in the instrument of conveyance, fifteen feet more property than was necessary or intended. Also submitted herewith are copies of a map which has been prepared to reflect the results of the recent survey of the property upon which the former Hubbard residence is situated. Also shown on the map is the loca- tion of the right of way, of which vacation is herewith petitioned, with respect to certain improvements presently situated on the Hubbard property. As one can see, the former Hubbard residence extends into the portion of the right of way being proposed for vacation. Also submitted herewith, is a copy of a Preliminary Commitment for Title Insurance issued by Lawyers' Title Company of Washington, Inc., con- cerning the property upon which the former Hubbard residence is situated. This document concerns the condition of title to the Hubbard property and is commonly called a "title report". The legal description contained in the title report is the same as is currently used by the Snohomish County Assessor for tax assessment purposes. The title report discloses that the Hubbard property is encumbered by whatever impact the hereinabove mentioned Statutory Quit Claim Deed may have thereon; however, the metes and bounds property description fixes the south line thereof, fifteen feet north of and parallel with the section subdivision line which is further indication of the original intent. In closing, we believe it is clear that the Caspers Street right of way, with respect to the Hubbard _property, was intended to be consistent with other portions of Caspers Street, between 9th Avenue N. and the Burling- ton Northern Railroad Company right of way, and that the present situation was inadvertently created through confusion concerning the proper location of the normal section subdivision line with respect to Caspers Street. 0~ · Lo GWL/pp Enc. cc: Chester R. Bennett, Attorney I I 0 0 ,,. I I JEQl<Y D 5Cl-4E:,I r------- 1 I I VACATED) -IEL64 L AMD4L BASIS OP BE:Afc'INGS ..:.s:- .. ,;,:i::· , __ ..::..:;: ,,,,, I I I .:::,<v rA~DP. GE:ROON + /.IAROlD P GE:RDOAV ~1 LEGAL 0Esc1<,bT10N 1 .::,.0 /3f.:'1NN,tvG AT TWE: SOUTl-4E:AST CORIVEJ< or G©VERl✓ME:NT LOT I, t,. SC.CTIQN 24, T ?.7 N .• R. 3 ~-.WM.; THENCE Ne(r~o·oo"w, 4LONG / y THt.- SOUTH UN£ Of: SAID GOVERNMENT (_QT I~ 91/70 «eer . J.._ T>.£NCE' N,?003·00·£, 100 IT£r TO THE TR!l/£ DOINT o,: BEGINNING; 0 TJ..ICNCE. 50"0..3'00"W, es t="E€T;THENCE N-'!='9"2'0'00"W TO (lj I 1Nr£RS€CT A UNE:. WHICH 15 ~RALL£L :ro ANO 8750 f:"EET (lj ~ SOi..1/HCASTE/:i'LY t="R{)M Tl-IE CE"NTERUN€: OF iH€. MAIN TRACA., V ()F TH€ Gk?EAT NORTHERN /?,.JILROAD; THE:Nce NZ9"41·oo·e. A,.:'.JNG SAID PARALLEL LlNE, TO A POINT IIVHtCH BEARS N 89°20·00· W /:""R()/1,1 TH£. TRUE POINT 0~ BEGINNING; Tf..JENCf:. SA9",?,:)"C0'€ T-'J THE Tl<U€ PO!t\T OF" 8€<5.INNtNG. ,SOJTH llNE: or GOvU?ME:Nr ~or I . . - -NB9°Zd'on''w - -- -- -- --------- -· - - ... +·· _ .. CASPERS - ST1?££T ·,.~ · -----· ....... ·· .. Ne9•w·oo·w· ··- · ··· - · -------·-- · -+--7- -- C£Nrt::RLIN£ a, C,4SPE:RS'"STQ€ET P,;?ODUCEO WESTE:RLY FROM 3qo I AV£ N I Lt:G£NQ e - SET IRON PIN WITH PLASTIC CA.:> NC 'D' 989/ ADRIENNE CASPERS 5£ COl<NEI? OF 91170 ' l',..,_Gt.h•'7" LO;- I-." Ne9°zo·oo·w · ',\ ) I R.E. oPPLIGER 1 _ r EXHIBIT 6 i ~: (\) I "' PLAT OF SURVEY FOR ESTATE OF L. E. HUBBt -- .... ,.·,,. ----•-a•.-,.---••,- ' 'I ... 1 • '. , .-~·l /----~~~mGTON ,, ;"fiTLE. JNBURANCE . . ·COMPANY. -THE .GRANTOR S 8SOS'19 ! ,4--3'-6' ro11M LI 8505.,/9 -~ SI=(,- 24. -"DE.ED S- Fl LE Statutory Quit Claim Deed 'J[ () •--·>,- .r. 4 ---- VOL u.Jt FJ-iLiL .... ,\J .. J EXHIBIT 7 FRANK B. TASKETT, and MARY TASKETT, his wife; and L.· Eo HUBBA RD, a bachelor for and in consideration or Ten Dollars & other good & valuable c onsidera ti on convey and quit claim -to Snohomish County, State of Washington all interest in the following described real estate, situated in the County of. SnohoI!l.i sh s~teoIWashln~to~: The··south 30 feet of Government lot 1, e ec t t o n vz-t , township. 27 north, range· 3 east, W .M., EXCEPI' east 660 feet thereof; and EXCEPl' Great Northern Railway right of way. \ I :, ~ ~ a~ Exhib,·+ ? FILE# _ __:_ _ ST-5-82 FORM FOR ~/FINAL) DECLARATION OF ~~/NONSIGNIFICANCE) Description of proposal Vacate a portion of Caspers Street, west of 2nd Avenue North at approximately 101 Caspers Street. Proponent Estate of L.E. Hubbard - c/o Chester Bennett Location of Proposal Caspers Street, west of 2nd Avenue North. Lead Agency City 6f Edmonds This proposal has been determined to ~~/not have) a significant adverse impact upon the environment. An EIS ~~/is not) required under RCW.43.21C.030(2)(c). This decision was made after review by the lead agency of a completed environmental checklist and other information on file with the lead agency. Responsible Official Position/Title Assistant _ Duane V. Bowman Date August 26, 1982 Signature l. ~ v• L./vw,,u,v,r'-- = -._ CiuV OF ECMONCS CIVIC CENTER • EDMONDS. WASHINGTON 98020 • (206) 775·2525 HARVE H. HARRISON MAYOR PLANNING DEPARTMENT DATE: August 27, 1982 TO: TRANSMITTING: HEARING EXAMINER AGENDA AND STAFF REPORT TO THE HEARING EXAMINER RE: FILE #ST-5-82 AS YOU REQUESTED: _ FOR YOUR INFORMATION: xxx AS WE DISCUSSED: FOR APPROVAL: FOR YOUR FILE: REVIEW AND COMMENT: COMMENT AND RETURN: MINUTES OF MEETING: REMARKS: Gerald Lovell 23106 100th Avenue West Edmonds, WA 98020 PLANNING DEPARTMENT Ill ?_1Ji_u_ iJ 5-e// /1/ .~~~'EIC'i~"1~."'Zu.~11-:~:-,f::·~ •::-:.":~·~:»-:::':5<' ..... , ~~··tr::: ·~,r~_t:7.:'i';e;· :7rr:-:·.~ '~2..~--:----- ... ~~::.: EXHIB IT LI ST 1) Staff Report 2) Petition 3) Explanation Letter from Gerald Lovell 4) Exhibit A 5) Exhibit B 6) Site Plan 7) Quit Claim Deed, Taskett and Hubbard 8) Declaration of Non-Significance 9) Slides 10) Revisions to Staff Report 11) Revised Site Plan EXHIB IT 1 STAFF REPORT TO THE HEARING EXAMINER FILE #ST-5-82 HEARING DATE: SEPTEMBER 2, 1982 I. REQUESTED ACTION: Vacate a portion of Caspers Street, west of 2nd Avenue West at approximately 101 Caspers Street. II. PETIT IONER : Estate of L.E . Hubbard c/o Chester Bennett 400 Dayton Street Edmonds, WA 98020 III. LEGAL DESCRIPTION: See Exhibit B. IV . DESCRIPTION OF SUBJECT PROPERTY AND SURROUNDING AREA : The portio n of right-of-way to be vacated contains approximat~ly 3,705.3 square feet. The house at 101 Caspers Street is actually located wit hin the right-of-way alo ng with a brick wall. (See Exhibit 6). Surrounding develo pment is prim arily single family residential. To the west is the Burlington Northern Railr oad right-of-way and to the southwest is Sunset Avenue Park. V. RELATED ACTIONS : In 1974 , the City amended the Comprehensive Throughfare Plan map to downgraded Sunset Avenue , from Main to Caspers Street , to a residential access Street instead of a Community Arterial. Caspers Street from 3rd Avenue North to Sunset is a local access only west bound. A traffic isla nd has been placed so as to prohibit traffic from entering Sunset Avenue from Caspers Street . VI. OFFICIAL STREET MAP: Caspers Street Proposed R/W 45 I Existing 60' The Official Street Map indicates that the right-of-way for Caspers Street adjacent the subject property is 45'. However, with the Quit Claim Deed given by the Applicant in 1947, the right-of-way appears to actually be 60'. Exhibit 1/File #ST-5-82 Page 2 VII. USEFULNESS: The area in question has for many years been utilized as part of the applicants yard. In fatt, as Exhibit 6 shows, part of the house is located in the right-of-way . VIII. EASEMENTS: No easements are required. IX. COMPENSATION: It is the pol icy of the City to require compensation for vacated right-of-way. This compensation being determined by an appraisal, the cost of which is borne by the applicant. In this particular case, the applicant originally dedicated the property so compensation should not be required. X. STAFF RECOMMENDATION: It is the recommendation of the Staff that ST-5-82 be approved subject to the following condition: The applicant be required to set monuments at the intersections of 2nd and Caspers and Sunset and Caspers. ••• ~• •r ~.~ ·-•---•- ••-~-• , ....... ,,. •••. - ,~---••-• •'-•~• FILE NO. ST-5-82 APPLICANT ESTATE OF L,E, HUBBARD A FF IDAVIT OF MA IL ING ST A T E OF WA SH IN GTON ) ) ss. CO U N T Y OF SN OH OM ISH ) MARYA~NE TOWNSEND being first duly sworn, on oath deposes and says: That on the Z3 day ,19 i~, the attached Notice of Public of Hearing was mailed as required to adjacent property owners, the names of which were provided by the applicant. Subscribed and sworn to before me Signed ~ 7 ~a,u(Z this.£~ay of~<~ , 19 ~. ,.._ Fl LE NO. ST-5-82 APPLICANT ESTATE OF L. EI HUBBARD AFFIDAVIT OF POSTER STATE OF WASHINGTON ) ss. COUNTY OF SNOHOMISH) DUANE BOWMAN being first du I y sworn, on oath deposes and says: ~ d-r;-1 il1 -- That on the ~ / day of ff;J&i)S I , 19~, the attached Notice of Public Hearing was posted as prescribed by Ordinance, and in any event, in the Post Office and Civic Center, and where appl ic- able, on or near the subject property. Signed~ Subscribed and sworn to before me this£~ day of 4:<9,;,d 19 ~ Wash I ngton residing at vr:r:<flF"J<1(7'. :!. - CITY OF EDMOND NOTICE OF PUBLIC HEARING THE HEAR I NG EXAMINER WI LL HOLD A PUBLIC HEARING THURSDAY, SEPTEMBER 2ND 19_8.2 FILE NO. ST-5-82 , ON THE FOLLOWING APPLICATION: VACATION OF A PORTION OF THE _RIGHT-OF-WAY FOR CASPE8S ·srREET...l PROPERTY ADDRESS AND LOCATION AT CASPERS STREET J WEST OF 2ND AVENUE NORTHJ APPROXIMATELY 10] CASPERS STREET, ZONE DISTRICT N/ A ____,;_;,;;__:_:____ _ THE HEARING WILL BEGIN AT 7 ;30 P.M., IN THE COUNCIL CHAMBERS OF THE EDMONDS CIVIC CENTER, 250 FIFTH AVENUE NORTH. IF YOU WISH TO COMMENT ON THIS PROPOSAL, YOU MAY COME TO THE HEARING AND SPEAK. YOU MAY ALSO WRITE A LETTER STATING YOUR VIEWS WHICH WILL BE CONSIDERED AT THE HEARING. PLEASE ADDRESS THE LETTER TO THE COMMUNITY DEVELOPMENT DEPARTMENT AND INCLUDE THE ABOVE Fl LE NUMBER. IF THE ITEM IS CONTINUED TO ANOTHER HEARING BECAUSE THE AGENDA IS NOT COMPLETED, OR FURTHER INFORMATION IS NEEDED, THE DATE OF THE CONTINUED HEARING WILL BE ANNOUNCED ONLY AT THE MEETING. ADDITIONAL INFORMATION MAY BE OBTAINED AT THE COMMUNITY DEVELOPMENT DEPARTMENT, 505 BELL STREET, EDMONDS (PHONE 775-2525, EXT... '2S/ WARNING! THE REMOVAL, MUTILATION, DESTRUCTION, OR CONCEALMENT OF THIS NOTICE BEFORE THE DATE OF THE HEARING IS A MISDEMEANOR PUNISHABLE BY FINE AND IMPRISONMENT. IS NOTICE MAY BE REMOVED AFTER _...9:.--Eo-2.....i.-8.i.&...2 _ b ,-- q_ 2_ ~2- s-r-5:-BZ__ EXHIBIT 2 PETITION FOR STREET VACATION I .I· TO THE HONORABLE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON WE, the undersigned, owners of two-thirds of the real property abutting upon the public street described below, do hereby petition the City of Edmonds to vacate said street, described as follows: The south 15 feet of the following described property, to wit: Beginning at the southeast corner of Govern~ent Lot 1, Section 24, T 27 N, R 3 E W.M.; thence N 89°20'00" W, along the south line of said Government Lot 1, 911.70 feet; thence N 0°03'00" E, 100 feet to the True Point of Beginning; thence S 0°03'00" W, 85 feet; thence N 89°20'00" W to intersect a line which is parallel to and 37.50 feet southeasterly from the centerline of the main track of the Great Northern Railroad; thence N 29°41'00" E, along said parallel line, to a point which bears N 89°20'00" W from the True Point of Beginning; thence S 89°20'00" E to the True Point of Beginning. all situate in the City of Edmonds, County of Snohomish, State of Washington, and request that said City Council by Resolution fix a time and place when this Petition shall be heard and determined by that authority, which time shall not be more than sixty (60) days nor less than twenty (20) days after the passage of such Resolution. PRAYER OF PETITION: For the vacation of a portion of the right of way for Caspers Street in Edmonds, Washington. Dated this 29th day of July, 1982. By __ _,_ _;_._-,4-~=,.4'-- ~ Chester R. Benne Rypresentative 400 Dayton Street Edmonds, Washington 98020 ,:a,---.,.;jQfili,~~~~ ,.;.~.-~,:V_.;., ... ,114":<,,wt.1 •~,1:4..,,1,=~•..:. ·- ...,-- _,. ,j :>·. ~l· ~l ~> ~o 0 ( <:~ Q4!) (£} I /; ----t ~( I VIEW PRESERVATION EASEMENT ,_,; y C' ; (. t .i:···, .. \ The Grantor, CHESTER R. BENNETT, as executor of the ESTATE OF LAWRENCE E. HUBBARD, deceased, owner of the following described property, situated in the County of Snohomish, State of Washington, to wit: Beginning at the southeast corner of Government Lot 1, Section 24, T 27 N, R 3 E W.M.; thence N 89°20100" W, along the south line of said Government Lot 1, 911. 70 feet; thence N 0°0310011 E, 100 feet to the True Point of Beginning; thence S 0°03'00" W, 85 feet; thence N 89°20'00" W to intersect a line which is parallel to and 37.50 feet southeasterly from the centerline of the main track of the Great Northern Railroad; thence N 29° 41 'OU1' E, along said parallel line, to a point which bears N 89°20'00u W from the True Point of Beginning; thence S 89°20'00" E to the True Point of Beginning. EXCEPT that portion conveyed to the County of Snohomish by instru- ment recorded under Auditor's File No. 850579, records of Snohomish County, Washington. for and in consideration of benefits to accrue to the Grantor herein by reason of the vacation of a portion of the right of way for Caspers Street, lying adjacent thereto, does hereby grant and convey unto the publ.ic forever, a per- manent easement for the preservation of scenic vistas, over, across, through, and upon the following described property, situated in the County of Snohomish, State of Washington, to wit: Th~t portion of Government Lot 1, Section 24, Township 27 North, Range 3 East W.M,, described as follows: Beginning at the intersection of a line drawn parallel with and lying 15.00 feet north of the south line of said Government Lot 1 with the easterly margin of the Burlingt6n Northern Railroad Company right of way, said easterly margin being a line drawn parallel with and lying 37.50 feet south- easterly from the centerline of the main track of said Burlington Northern Railroad; thence northeasterly, along the easterly margin of the Burlington Northern Railroad Company right of way, a distance 'of 48,00 feet; thence southeasterly, along a line drawn perpendicular to the easterly margin of the Burlington Northern Railroad Company right of way, to an intersection with a line drawn parallel with and lying 30.00 feet north of the south line of said Government Lot l; thence southwesterly, parallel with the easterly margin of the Burlington Northern Railroad Company right of way, to an intersection .with a line drawn parallel with and lying 15.00 feet north of the south line of said Government Lot l; thence westerly, parallel with the south line of said Government Lot 1, to the point of beginning. The Grantor further agrees, covenants, and warrants, in behalf of the ESTATE OF LAWRENCE E, HUBBARD, its heirs, successors, and assigns, that no fences, hedges, vegetation, buildings or other structures, which exceed a heiqht of four feet, will be constructed, placed, planted, grown, or permitted to remain within the easement herein granted and conveyed, and the Granter hereby grants unto The City of Edmonds the further right to enter upon the easement pr oper cy herein described, art er advance notice to the owners thereof, for the purpose of trimming, cil.LcL.1119, and/or removing such fences, hedges, veqetation, buildings or structures which exceed said height of four feet, and further agrees to reimburse The Cily of Edmonds for the cost of said trimming, altering, and/or removal. ~- ~ , ,..._ .. ~- , ... Pagel of 2 Pages 830 07 0 2 2. •() ',;:?71: \ ': - (-----. I ,% ,, ., \ '" - ! ' v•··,·, , .. ·,.· . ;, ', I ,fj.,';zti_"-Ji'>:/,a------ vc· 1772 ~~~ 655 '- ,,.,_ .... "5~~~..,.., ... .,..,=.= .. ....--::::-;_·;;-. -· ~·-··------,~· -- ·------- ··-··. , ~ .. T\ . r In Witness whereof we hereunto set our signatures and seals this -=2~;r~-day of V 1=cE. rvie l' i!..... , 1982 A.D •. By },_df'.IV/7) {_(;~ xecufur STATE OF WASHINGTON) ) ss. COUNTY OF SNOHOMISH) On this day personally appeared before me CHESTER R, BENNETT to me known to be the individual described in and who exe'cuted the within and foregoing instru- ment, and acknowledged that he signed the same as his free and voluntary act and deed, for the uses and purposes therein mentioned. GIVEN under my hand and official sea I th_is,:'2<., ,--,,,day of -- ' "'· f.. ;E ,;.:.e: J'n.<~ .::: e - ...._ 1 1982. · \'\\t,1\HtlJ!, ,,, J ::--- ,,,. ..... .., G t\ d r-- ' . , , .. \ ... ~' ~- '\' '-: I '1/~-1· . _ ... ,y·.•,,11('• ",, ';-.. ~ _.•Q\•· ~••I~::',~;/ . '-; 7 Cr): 0 I IO..... .-o-=:. •. =-.(."..0,1,,:1 .. (\-:.r· : >. i /, . ~ , , ·' \ ::.. ; __ , -.:-i ,/ ... - .• ,,,:.- ·c:i,,·,: : p \ _.\ ._ {_ ,~ - ("', •• ,/... ' i._, !.,<· (..,-') :- . . ') 1 (" " c- . . r,., -- . . .. ) ._, ,I.' .. - .. , ~ \ -:.'-· ·1::1\J''\ _;..../"" ,- --- ., " .,,.,,,,.... / t/ ',} !_..--, C/f J'/ '--- :..... . <' .t,· / ]/') 4/J _,. ;~c✓7 X, _.,s'. .'. e. (:l,--,.--.::,(7 I ,_f;f_,,, ·;..- -~;.- i/..t__.J <. 1,_., Notary P,ubft~~ ·'in and for t.t;_~ 5/tate of.· - Washingt'on, residing at (.:>;.,_t,;,,-n,.,,;...,_~_.,/ ,.~ ~ f·l '\\ 0~ ~-::. is" I;,: c~ ,-~\," 0 ("') o::r.: \{, )-(/) \~J w -.q; \:•.' M 5:; \I 0 .... ~ X <l:>: ·~:••:'\ er: • < • Cl- :!2~ /'~ 0 ... ~:::> q'h..~ I'-- ,.~ f::, C ~-: \. (_) l ~(_') ·•· ,.'>.( L!~J :z ._J == i "l~ " <; ;~ ;:~:J e:.:: ---, ("t") ... :i:: ~,•, ~"-'~ = ~~ w: "-·~:!: ~ 5U> Q - ~ .• -< Page 2 of 2 Pages -u301 ~ 0.t<?j ~19 9 4"1_~ ~ · .Jl... • ~ di ,,,..,,~UB 1-,.,.,,? - . ..,. 6t:: V(il I I .... PACE Ji) ·.__, --- GERALD W. LOVELL, P.L.S. JURGEN P. SAUERLAND, P.L.S. LOUIS F. CAVIEZEL, P.E. Lovell-Sauerland & Associates, Inc. Engineers • Surveyors • Development Consultants • Planners EXHIBIT 3 July 29, 1982 LSA File No. 82-899 Edmonds Planning Department Edmonds Civic Center Edmonds, Wa. 98020 Re: Proposed Vacation of a Portion of Right of Way for Caspers Street in the City of Edmonds Gentlemen: This letter is submitted in support and explanation of the necessity for vacating a portion of the existing right of way for Caspers Street, between 2nd Avenue N. and the Burlington Northern Railroad Company right of way. For many years, probably since the original establishment and con= struction of Caspers Street, some confusion has existed concerning the location of the right of way with respect to the normal section subdivi- sion line located in the vicinity thereof. Actually, the centerline of Caspers Street, as now established and constructed between 9th Avenue N. and the Burlington Northern Railroad Company right of way, is located fifteen feet south of and parallel to the normal section subdivision line separating the north half and the south half of the northwest quarter of the section within which the street is located, i.e., Section 24, Township 27 North, Range 3 East W.M •. This is an unusual situation because, most often, when a street is located along a normal section subdivision line, the subdivision line and the street centerline are coincidental. This situation has caused problems for the owners of adjoining properties and others concerned with the legal descriptions for such properties, particu- larly for those persons who have wrongfully assumed that, as usual, the street centerline and normal section subdivision line are coincidental. On January 29, 1947, Frank B. Taskett and Mary Taskett, his wife, and L. E. Hubbard, executed a Statutory Quit Claim Deed to Snohomish County, for street right of way for what is now a portion of Caspers Street, a copy of which instrument is submitted herewith for reference. The legal des- cription contained in that instrument is as follows: The south 30 feet of Government Lot 1, Section 24, Township 27 North, Range 3 East W.M.; EXCEPT east 660 feet thereof; and EXCEPT Great Northern Railway right of way. 23106 · 100TH W. EDMONDS, WASH. 98020 PHONE 775-1593 EXHIBIT 3 Edmonds Planning Department .~ --· - 2 - July 29, 1982 and includes the property which is the subject of the street vacation peti- tion being submitted herewith. The south line of the strip of land conveyed therein would be coincidental with the normal section subdivision line, i.e., the south line of Government Lot 1, which is located fifteen feet north of the centerline of Caspers Street. Pursuant to a boundary survey of the former L. E. Hubbard residence, situated immediately north of and adjacent to the street right of way of which vacation is requested herewith, and exami nation of maps on file in the Edmonds Engineering Departement, it appears clear that the Grantors named in the Statutory Quit Claim Deed hereinabove mentioned, intended, by virtue of said instrument, to convey a strip of land, thirty feet wide, measured north from the centerline of Caspers Street as now constructed. However, due to apparent confusion concerning the relationship between the street cebterline and the normal section subdivision line, the Grantors inadvertently conveyed, per the legal description recited above and in the instrument of conveyance, fifteen feet more property than was necessary or intended. Also submitted herewith are copies of a map which has been prepared to reflect the results of the recent survey of the property upon which the former Hubbard residence is situated. Also shown on the map is the loca- tion of the right of way, of which vacation is herewith petitioned, with respect to certain improvements presently situated on the Hubbard property. As one can see, the former Hubbard residence extends into the portion of the right of way being proposed for vacation. Also submitted herewith, is a copy of a Preliminary Commitment for Title Insurance issued by Lawyers' Title Company of Washington, Inc., con- cerning the property upon which the former Hubbard residence is situated. This document concerns the condition of title to the Hubbard property and is commonly called a "title report". The legal description contained in the title report is the same as is currently used by the Snohomish County Assessor for tax assessment purposes. The title report discloses that the Hubbard property is encumbered by whatever impact the hereinabove mentioned Statutory Quit Claim Deed may have thereon; however, the metes and bounds property description fixes the south line thereof, fifteen feet north of and parallel with the section subdivision line which is further indication of the original intent. In closing, we believe it is clear that the Caspers Street right of way, with respect to the Hubbard _property, was intended to be consistent with other portions of Caspers Street, between 9th Avenue N. and the Burling- ton Northern Railroad Company right of way, and that the present situation was inadvertently created through confusion concerning the proper location of the normal section subdivision line with respect to Caspers Street. GWL/pp Enc. cc: Chester R. Bennett, Attorney