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Resolution 1588RESOLUTION NO. 1588 A RESOLUTION OF THE CITY OF EDMONDS, WASHINGTON, STATING ITS INTENT TO VACATE A PORTION OF 84TH AVENUE WEST LYING SOUTH OF 240TH ST SW AND ADJACENT TO THE PROPERTIES ADDRESSED 24024 AND 24110 84TH AVENUE WEST UPON THE FULFILLMENT OF CERTAIN CONTIONS. WHEREAS, on December 16, 2025, the Edmonds City Council adopted resolution No. 1580 establishing a public hearing on a proposed street vacation, File No. PLN2024- 0086; and WHERES, a public hearing on the proposed street vacation was held on January 22, 2026 and continued to March 10, 2026; and WHEREAS, the existing public right-of-way gives the appearance of being a through street when it is not; and WHEREAS, the subject public right-of-way to be vacated has a documented use of camping, illegal dumping, and criminal activity; and WHEREAS, the City Council finds and determines that the vacation is in the public interest, and that no property will be denied access as a result of the vacation; and WHEREAS, the existing cul de sac within the area to be vacated will need to be replaced by a new vehicle turnaround; and WHEREAS, the new vehicle turnaround lies partially within the proposed street vacation area; and WHEREAS, the City Council finds it necessary to retain an easement for a vehicle turnaround; and (BFP764885.DOC;2\00006.900150\ ) WHEREAS, the City will need a new access easement for the portion of the new vehicle turnaround that is not already within public right-of-way and is of dimensions needed to comply with fire department standards; and WHEREAS, a City -owned stormwater utility is located within the proposed street vacation area; and WHEREAS, the City Council finds it necessary to retain an easement allowing the continuing use, repair and maintenance of the City's stormwater facility; and WHEREAS, the right-of-way contains third party utilities which will have an opportunity to independently obtain easements from the fee owner; and WHEREAS, the subject right-of-way was originally acquired, in part, pursuant to dedication and has been part of a dedicated public right-of-way for 25 years or more; and WHEREAS, the part that was not acquired through dedication was obtained through a deed from the State of Washington, which contains reversionary language in the event that the property ceases to be used as a street; and WHEREAS, pursuant to ECDC 18.55.140.B.2 and RCW 35.79.030 the City may be compensated in an amount equal to the full fair market value of the right-of-way prior to vacation by ordinance; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: Section 1. The City Council hereby states its intent to vacate by ordinance that portion of 84th Avenue West that lies adjacent to and east of the properties addressed 24024 and 24110 84th Avenue West as shown on the attached Exhibit A (hereinafter the "Vacation Area") and further described in File No. PLN2024-0086, which is incorporated 0) by this reference as fully as if herein set forth as long as the following conditions are met within one hundred eighty (180) days: 1. The applicant shall use a utility locate service to survey the location and identify the operator of all utilities in the Vacation Area. A copy of that survey shall be filed with the City. 2. Upon receipt of the survey described in Section 1.1, the City shall use its best efforts to notify the utility operators disclosed by the survey of the pending street vacation so that they can obtain necessary easements from the applicant as contemplated by ECDC 18.55.120. Each utility company shall be responsible for obtaining the necessary easements, compensating the fee owner accordingly. The City does not intend to delay the street vacation as a result of a utility's failure to obtain a necessary easement. 3. In the forthcoming street vacation ordinance, a public utility easement shall be reserved to the City of Edmonds for the installation, construction, operation, maintenance, repair, reconstruction and/or replacement of the stormwater system and necessary appurtenances, over, across, through, and below the subject 841" Avenue West vacation. This easement shall be limited to ten feet in width, centered on the location of the existing stormwater facilities. The value of the easement shall be determined by the appraisal referenced below. The easement shall require the City to relocate its facilities within a reasonable period upon demand by the fee owner and the City's receipt in advance of the estimated costs of relocation as determined by the City. The City's stormwater utility shall transfer the value of the easement to the City's general fund upon adoption of the ordinance. 4. In the forthcoming street vacation ordinance, a public access easement shall be reserved to the City of Edmonds for the installation, construction, operation, maintenance, repair, reconstruction and/or replacement of a vehicle turnaround 3 in the portion of the Vacation Area depicted on Exhibit B. The value of the easement shall be determined by the appraisal referenced below. 5. The fee owner of the property depicted on Exhibit C shall execute and deliver to the City of Edmonds a public access easement for the installation, construction, operation, maintenance, repair, reconstruction and/or replacement of a vehicle turnaround. 6. After adoption of the street vacation ordinance and before it takes effect, a general public and emergency vehicle turn -around shall be constructed to City of Edmonds and South County Fire standards as depicted on Exhibit D or pursuant to an alternative configuration that has been approved by South County Fire and the City Engineer and for which necessary easements have been obtained. 7. The street vacation ordinance shall be drafted to take effect upon the City's recording of the ordinance with Snohomish County, which recording shall not occur until all conditions in this resolution and the forthcoming ordinance have been satisfied. 8. Payment to the City for any outstanding appraisal fees as outlined in ECDC 18.55.130, and monetary compensation, prior to the effective date of the ordinance, in an amount equal to full fair market value as determined by the appraisal. For the purposes of this resolution, the appraisal shall make the following extraordinary assumptions or hypothetical conditions: 1) the as -is / before vacation larger parcel shall include all the property currently owned by the applicant (parcel numbers 00463301700100, 00463302400102 and 00463302400203) and the property that is being surplused by WSDOT on the west, south, and east of the right-of-way being vacated, including the right-of-way that is subject to WSDOT's reversionary interest; 2) the as if vacated / after vacation larger parcel would be the larger parcel under the hypothetical where the street vacation ordinance has already been adopted and taken effect; 3) the property shall be considered free of all utilities and related easements in the 2 before condition; and 4) all easement conditions herein shall be factored into the after condition, PROVIDED THAT the value of utility easements that are being obtained from the owner independently pursuant to Section 1.2 shall not be factored into the after condition. 9. The City Council shall review the amount to be paid as compensation for the street vacation and shall use its legislative discretion in determining whether the amount is sufficient to justify adoption of the street vacation ordinance. 10. The City of Edmonds intends for the State of Washington to be able to commence its surplus process upon adoption of this ordinance as long as the actual transfer of title is deferred until and conditioned upon the City's recording of the street vacation ordinance. Section 2. If the applicant fails to provide the survey referenced in subsection 1.1 or the easement referenced in subsection 1.5, above, within one hundred eighty (180) days of the date of adoption of this resolution the Council's approval shall become null and void, PROVIDED THAT the applicant, for good cause, may request an extension of this resolution, which extension shall be granted or not pursuant to the legislative discretion of the City Council. RESOLVED THIS 24T" DAY OF March, 2026: ATTEST: CITY CLERK, LUKE LONIE MAYOR MIKE ROSEN FILED WITH THE CITY CLERK: MARCH 10, 2026 PASSED BY THE CITY COUNCIL: MARCH 24, 2026 RESOLUTION NO. 1588 5 EXHIBIT A LEGAL DESCRIPTION ROAD VACATION: 84TH AVENUE W. EDMONDS, WA. THAT PORTION OF 84TH AVENUE W. LOCATED IN THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER AND THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 31, TOWNSHIP 27 NORTH, RANGE 4 EAST, W.M., SNOHOMISH COUNTY, WASHINGTON; SAID PORTION MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER LOT 3, BLOCK 17, HANBURY'S SOUND VIEW TRACTS, RECORDED IN VOLUME 7 OF PLATS, PAGE 20, RECORDS OF SNOHOMISH COUNTY, WASHINGTON; THENCE SOUTH 00° 43' 00" EAST ALONG THE WESTERLY MARGIN OF 84TH AVENUE WA DISTANCE OF 153.69 FEET; THENCE SOUTH 89' 12' 40" WEST, A DISTANCE OF 11.88 FEET TO A POINT ON A CURVE; THENCE CONTINUING ALONG SAID WESTERLY MARGIN AND THE ARC OF A CURVE TO THE RIGHT THE CENTER OF WHICH BEARS SOUTH 89° 12' 40" WEST, HAVING A RADIUS OF 437.50 FEET AND THROUGH A CENTRAL ANGLE OF 07' 37' 21"AND HAVING AN ARC LENGTH OF 58.20 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID WESTERLY MARGIN AND THE ARC OF A CURVE TO THE RIGHT THE CENTER OF WHICH BEARS NORTH 83' 09' 59" WEST, HAVING A RADIUS OF 437.50 FEET AND THROUGH A CENTRAL ANGLE OF 22' 12' 43" AND HAVING AN ARC LENGTH OF 169.61 FEET, THENCE CONTINUING ALONG SAID WESTERLY MARGIN SOUTH 64° 01' 58" WEST, A DISTANCE OF 38.64 FEET, THENCE CONTINUING ALONG SAID WESTERLY MARGIN SOUTH 37° 51' 46" WEST, A DISTANCE OF 13.48 FEET, THENCE CONTINUING ALONG SAID WESTERLY MARGIN SOUTH 33° 21' 25" WEST, A DISTANCE OF 53.95 FEET TO A POINT 90 FEET NORTHEASTERLY, WHEN MEASURED AT RIGHTANGLES TO ENGINEER'S STATION L-184+90 OF STATE HIGHWAY ROUTE 104, 236TH STREET SW TO MERDIAN AVENUE; THENCE SOUTH 56' 38' 35" EAST ALONG THE NORTHEASTERLY MARGIN OF SAID STATE HIGHWAYA DISTANCE OF 89.78 FEET TO THE EASTERLY MARGIN OF SAID 84TH AVENUE W. AND A POINT ON A CURVE; THENCE NORTHERLY ALONG SAID EASTERLY MARGIN AND AN ARC OF A CURVE TO THE LEFT THE CENTER OF WHICH BEARS NORTH 49' 07' 40" WEST HAVING A RADIUS OF 511.00 FEET, THROUGH A CENTRALANGLE OF 35' 00' 24" AND HAVING AN ARC LENGTH OF 312.21 FEET TO A POINT WHICH BEARS SOUTH 89' 51' 41" EAST FROM THE TRUE POINT OF BEGINNING; THENCE NORTH 89' 51' 41" WEST, A DISTANCE OF 72.31 FEET TO THE TRUE POINT OF BEGINNING. SITUATE IN THE COUNTY OF SNOHOMISH, STATE OF WASHINGTON. ,15.'24 240th St. s. W. S89'49 26'W _ 1100.97' N.E. COR. LOT 3 - - - - - - - BLK 17 153.69-*-" '12'40"W 1--- ff@w@09§ 189 11.88� 1 001M OVY DELTA=073721 " R=437.50 1 I =.5R_ 20' 1 30 0 30 60 1 INCH = 60 FT. G]LQ�n]LQMG3�I'� �OMMD j FulapG3lQC��� ff@& y9 pco �o� Lot 2 V 30' -- _-N83 a9 599 "►y N89 5 �RAD/ALJ 72.. I i -- --- 0' DELTA=22' 1243" l R=437.50 -L=169.61'- / I I � / '41"W ---� 11 DELTA=35'00'24" LR=511.00 L=312.21' ROAD VACATION s`Ss� ems• " \� B.�SF I 84TH AVE. W. S.E. 114 S.W. 114 OF SEC. A TWP. 27 N., RGE. 4 E., W.M. S.W. 114 S E. 114 OF SEC. 31, TWP. 27 N., RGE. 4 E., W.M. Coll ,A Wt LED6u� @0101T C�G3L�L96�907 • • 30 .• 1 INCH 60 FT. QaoBa v7 LIUM IL3&[Flf V �-3 �0 0w ym@ E EXHIBIT B 240th St. S. W. _ S89'49 26 "W _ 1100.97 N.E. COR LOT 3-, SLK 17 - - - 153.69 S89' 12'40V 11.88�=- DELTA=07'37'21. I - R=437.50 - - L=58.20' I._. -N8E09 59 ---- ; (RAD/gL f- I ' I i 0• DELTA=22' 12 R=437.50- -L=169.61 01 eW o }� d' 30' o� Q -1-Y - - - - ; I 1I41"W I�=al I , I I I I DELTA=35'00'24" I R=511.00 L=312.21 ' I , I I ' I EXACT DIMENSIONS SHALL BE DETERMINED BY SOUTH COUNTY FIRE / AND CITY OF EDMONDS ENGINEERING RESERVATION OF EASEMENT TO THE CITY NSF \,,�>V SE. 114 S.W. 114 OF SEC. 31, 1WP. 27 N., RGE. 4 E., W.M. S.W. 114 SE. 114 OF SEC. 31, 1WP. 27 N., RGE. 4 E., W.M. guar: Ma7FUS RVEYOROL/VECOM wt3 170M MDIT C0GGM1NOly • • 30 •• .• Qa@= v7 L1IA900070 WMMD goffw pG3a@V"T ff@& 79 pco gap 2 EXHIBIT C 240th St. S. W. _ S89'49 26"W _ 1100.97 N.E. COR LOT 3--, — BLK 17 ----- S89'12'40"W 11.884 DELTA=0737'21 " R=437.50 - L=58.20' '09 5 I I i 0• �Q . I I. DELTA=22' 12'43" R=437.50 I _L=169.61 I o {� o 30' To� � n Q --i-Y I ---t- '41 -�w �7 I DELTA=35'00 24" I il R=511.00 L=312.21' EXACT DIMENSIONS SHALL BE DETERMINED BY SOUTH COUNTY FIRE AND CITY OF EDMONDS ENGINEERING ss6e9� �o NEW EASEMENT ON WSDOT PROPERTY sF � S.E. 114 S.W. 114 OF SEC. 31, 1WP. 27 N., RGE. 4 E., W.M. S.W. 114 SE 114 OF SEC. 31, TWP. 27 N., RGE. 4 E., W.M. guar: M47MsuRVErOROLRECOM I lot EXHIBIT D 240th 5t. S. W. S89'49 26 "W- 1100.97' N.E. COR. LOT 3 BLK 17 153.69 =_ 30' 170M0900 S89' 12' .8 YV ---- -- - 11.88'-=- - - �G����Q�% DELTA=073721 " R=437.50 - 1 - L=58.20' , _N8309 5 N89'S i'4 / 30 0 30 60 I _--- - Ili?ADIAL) 72.31 VIK - - 1 INCH = 60 FT. DELTA=35'00 24" F0law yQQ@QlT I i R=511.00 �eoaa 1%9 pro ��� I DELTA=22' 12'43" I L=312.21 ' L=169.61 ' I � I Let z I.5g„Wl . 56�013g65 / APPROXIMATE LOCATION OF GENERAL PUBLIC AND EMERGENCY VEHICLE TURN -AROUND ,VA SE. 114 S.W. 114 OF SEC. 31, 1WP. 27 N., RGE. 4 E., W.M. S.W. 114 S.E. 114 OF SEC. 31, 1WP. 27 N., RGE. 4 E, W.M. 3 1 EMU M47FrRMMS-fQRALNEcOM