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Ordinance 1386ORDI CE NO. /3“,. AN ORDI E OF THE CITY OF EMI° oS, WASHINGTON, PROVIDING FOR THE ACQUISITION FOR SLOPE AND DRAINAGE EASEMENTS FOR STREET, CURB AND SIDEWALK PURPOSES OF CERTAIN PARCELS OF PROPERTY, PROVIDING FOR THE AUTHORIZATION OF CITY ATTORNEY TO INITIATE PROCEEDINGS FOR CONDEMNATION, APPROPRIATION, TAKING D GING OF D AND OTHER PROPERTY NECESSARY THEREFOR; DEC A-ING THE NECESSITY THERE- FOR; AND PROVIDING FOR PA ENT THEREOF. THE CITY C L OF THE CITY OF EELiONDS, WASHINGTON, DO ORDAIN AS FOLLGWS: Section 1. The public health, safety, -c s ity and convenience demand, and the City Council so finds, that Main Street from 6th Avenue to approximately 200 feet north- west of the "Five Corners" intersection (17th Avenue South) be and the same hereby is laid off, opened, graded and re- graded, widened, and established over and across certain properties and lands including those described in Exhibit "A" attached hereto, and by this reference incorporated herein as if set forth in full. Section 2. That in improving, taking and d.i.ging the property as described in Section 1 hereinabove the City shall acquire the right in the case of a cut to remove the lateral support of the property abutting on said street, and in every case the right to remove said lateral support through- out include the right to carry the slopes back into and ex- tending upon the abutting property, and in the case of a fill the right shall be acquired to extend and maintain upon the abutting slopes and fills for the purpose of providing lateral support for said street, reserving unto the abutting property owners, respectively, the right at any time to replace said cut slopes and to remove said slopes upon providing and main- taining other adequate lateral support. Section 3. The public health, safety, necessity and convenience further demand, and the City Council so finds, that in construction of that project described in Section 1 hereinabove, a drainage easement to carry storm: water flows by sewer, south of Main Street, with all connections, appurtenances and access thereto, be and the same hereby is laid off, condemned, appropriated and established over and ac .-s certain properties and lines including those described Exhibit "B" attached hereto, and by this reference incorporated herein as if set forth in full. Section 4. All lands, rights, privileges and other property within the limits of the lots, blocks and tracts of land described hereinabove are hereby condemned, appro- priated, taken and d aged for public use and necessity for slope and drainage easements for street, curb and sidewalk purposes; and all such lands, rights, privileges and other property are to be taken, d ged and appropriated only after just compensation h-t been de or paid into court for the ow rs thereof in the nner provided by law. Section 5. The entire cost of the improvement pro- vided for herein shall be paid by the City of Edmonds from street department funds, including applicable urban arterial funds, or, if the monies in said funds are insufficient, from any other general funds of the City applicable thereto. Section 6. The taking and damaging herein to said property shall include theperpetual right of the City's agents to enter upon the real estate described herein at any time that it may deem fit, and construct, maintain and repair said slope and drainage easements over and across said property, together with the right to excavate and/or fill said easements, and the further right to remove vege- tation or any and all other obstructions of any kind or description. -2- Section 7. The City Attorney is hereby authorized and directed to begin and prosecute the proceedings provided by law to condemn, take, appropriate and damage the land, rights, privileges and other property necessary to carry out the provisions of this Ordinance, and is further auth- orized in conducting said proceedings and for the purpose of minimizing damages to stipulate as to the use of the property hereby authorized to be condemned and appropriated and as to the reservation of any right of use to any owner, provided that such reservation does not interfere with the use of said property by the City as provided by this Ordinance. APPROVED: MAYOR ATTEST: PASSED BY THE CITY COUNCIL: September 3, 1968 FILED WITH THE CITY CLERK: August 20, 1968 PUBLISHED: September 11, 1968 -3- BIT "A" South 30 feet of Lots 36, 37, 38, 39 and 40, Block 40, City of Edmonds, according to plat thereof recorded in Volu 2 of Plats, page 39, records of Snoh sh County, Washington North 10 feet of West 165.87 feet of Lot 8, Block 5, Alderwood Manor No. 9, according to plat thereof recorded in Volume 10 of Plats, page 6, records of Snoh+;+:'sh County, Washington The South 10 feet of Lot 1, Sea View Estate No. 3, according to plat thereof recorded in Vol 18 of plats, page 87, records of Snoh'_sh County, Washington South 146 feet of Lot 47, Pine Ridge, according to plat thereof recorded in Void.' a 13 of Plats, page 66, records of Snohomish County, Washington Southerly 10 feet of Lot 12, Pine Ridge, according to plat thereof recorded in Volume 13 of Plats, page 66, records of Snoh.. 'sh County, Washington EXHIBIT "B " From a tract of land located in Snohomish County, Washington, and more particularly described as follows: That portion of Lot 1, Block 5, Plat of Alderwood Manor No. 9, described as follows: Beginning at the Southwest corner of said Lot 1; thence North 252.15 feet to the true point of beginning; thence South 66°26'31" East 122.3'. feet; thence North 31°54'22" East 258.93 feet to South boundary of Aloha Road; thence Northwest along said road 264.20 feet; thence South 250 feet to the true point of beginning A perpetual easement for the purpose of installing, constructing, operating, maintaining and replacing a storm sewer line over, across, in, along and under the following -described tract of land situate in Snohomish County, Washington: A strip of land 16.5 feet in width lying South and East of the following -described line, said line being the North and West boundary of the strip: Beginning at a point on the South boundary of Lot 1, Block 5, Alderwood Manor No. 9, said point being 93.82 feet East of the Southwest corner of said Lot 1; thence North 7°39'29" East 348.80 feet; thence North 24° 56'50" Eakt 120 feet to the North boundary of said lot (also being the South boundary of County Road), lying within the above -described property From a tract of land located in Snohomish County, Washington, and more particularly described as follows: "Beginning at the Northwest corner of Lot 1, Block 5, Alderwood Manor No. 9 according to plat thereof recorded in Volume 10 of Plats, page 6, Records of Snohomish County, Washington; thence South along the West line of said Lot 1 for 250 feet; thence South 66°26'31" East for 122.3 feet to the true point of beginning; thence North 31°54'22" EAst for 258.93 feet to the Southwesterly boundary of Aloha Road as established by County Survey No. 1204; thence Southeasterly along said road 66.05 feet; thence South 38°52'00" Wekt for 251.59 feet; thence North 66°26'31" West for 35.77 feet to true point of beginning A perpetual easement for the purpose of installing, constructing, operating, maintaining and replacing a storm sewer line over, across, in, along and under the following -described tract of land situate in Snohomish County, Washington: A strip of land 16.5 feet in width lying South and East of the following -described line, said line being the North and Weat boundary of the strip: Beginning at a point on the South boundary of Lot 1, Block 5, Alderwood Manor No. 9, said point being 93.82 feet East of the Southwest corner of said Lot 1; thence North 7°39'29" East 348.80 feet; thence North 24°56'50" East 120 feet to the North boundary of said lot (also being the South boundary of County Road) lying within the above -described property From a tract of land located in Snohomish County, Washington, and more particularly described as follows: Portion of Lot 1, Block 5, Alderwood Manor No. 9 according to plat thereof recorded in Volume 10 of Plats, page 6, records of Snohomish County, Washington, described as follows: Beginning at the intersection of the South line of said Lot 1 with the Westerly boundary of County Road (Survey No. 1204); thence West along the South line of Lot 1 for 524.96 feet to the Southwest corner thereof; thence North along the Weat line of Lot 1 for 252.15 feet to a point 250 feet South of the Southerly boundary of County Road (Survey No. 1204); thence South 66°26'31" East for 239.25 feet; thence South 19°34'37" East for 60 feet to a point on the line parallel to and 100 feet North of the South line of said Lot 1; thence East along said parallel line for 250 feet to the Westerly boundary of County Road (Survey No. 1204); thence Southerly along said Westerly boundary of said County Road for 106.14 feet to point of beginning; A perpetual easement for the purpose of installing, constructing, operating, maintaining and replacing a storm sewer line over, across, in, along and under the following -described tract of land situate in Snohomish County, Washington: A strip of land 16.5 feet in width lying South and East of the following -described line, said line being the North and West boundary of the strip: Beginning at a point on the South boundary of Lot 1, Block 5, Alderwood Manor No. 9, said point being 93.82 feet East of the Southwest corner of said Lot 1; thence North 7°39'29" East 348.80 feet; thence North 24°56'50" East 120 feet to the ,North boundary of said lot (also being the South boundary of County Road) lying within the above -described property. -2- From a tract of land located in Snohomish County, Washington, and more particularly described as follows: All that portion of Lot 2, Block 5, Alderwood Manor No. 9, according to plat thereof recorded in volume 10 of Plats, page 6, records of Snohomish County, Washington, lying North of a line 150 feet North of and parallel to the South line thereof and Westerly of County Road under (Survey No. 1204). A perpetual easement for the purpose of ingalling, constructing, operating, maintaining and replacing a storm sewer line over, across, in, along and under the following -described tract of land situate in Snohomish County, Washington: A strip of land 16.5 feet in width lying South and East of the following -described line, said line being the North and West boundary of the strip: Beginning at a point on the North boundary of Lot 2, Block 5, Alderwood Manor No. 9, said point being 93.82 feet East of the Northwest corner of said Lot 2; thence Southwest to a point on the West boundary of Lot 2, Block 5, Alderwood Manor No. 9, said point being 148.90 feet South of the Northwest corner of said Lot 2, lying with the above -described property. From a tract of land located in Snohomish County, Washington, and more particularly described as follows: The East 105 feet of Tract 3, Block 5, Alderwood Manor No. 9 according to plat thereof recorded in Volume 10 of Plats, page 6, records of Snohomish County, Washington; EXCEPT the North 250 feet thereof. A perpetual easement for the purpose of installing, constructing, operating, maintaining and replacing a storm sewer line over, across, in, along and under the following -described tract of land situate in Snohomish County, Washington: A strip of land 16.5 feet in width lying South and East of the following -described line, said line being the North and West boundary of this strip: Beginning at a point on the East boundary of Lot 3, Block 5, Alderwood Manor No. 9, said point being 148.90 feet South of the Northwest corner of Lot 2, Block 5, Alderwood Manor No. 9; thence South 32°12'42" West to a point on the West boundary of Lot 3, Block 5, Alderwood Manor No. 9 lying 30.96 feet North of the Southwest corner of said Lot 3, lying within the above -described property. From a tract of land located in Snohomish County, Washington, and more particularly described as follows: Lots 1, 9, 10, 11 and 12, and Tract "A" of Tommy Park Addition No. 4 according to plat thereof recorded in Volume 27 of Plats, page 70, records of Snoh 'sh County, Washington, said premises formerly described as: Lot 3, Block 5, Alderwood Manor No. 9, according to plat thereof recorded in Volume 10 of Plats, page 6, records of Snohomish County, Washington; EXCEPT the East 105 feet and the North 328 feet thereof. A perpetual eas ^;Vent for the purpose of installing, constructing, operating, maintaining and replacing the following -described tract of land situate in Snohomish County, Washington: A strip of land 16.5 feet in width lying South and East of the following -described line, said line being the North and West boundary of this strip: Beginning at a point on the East boundary of Lot 3, Block 5, Alderwood Manor No. 9, said point being 148.90 feet South of the Northwest corner of Lot 2, Block 5, Alderwood Manor No. 9; thence South 32°12'42" West to a point on the West boundary of Lot 3, Block 5, Alderwood Manor No. 9, lying 30.96 feet North of the Southwest corner of said Lot 3, lying within the above -described property. From a tract of land located in Snohomish County, Washington, and more particularly described as follows: All that portion of Lot 4, Block 5, Alderwood Manor No. 9, according to plat thereof recorded in Volume 10 of Plats, page 6, records of Snohomish County, Washington, lying South of a line extending from a point on West line 577 feet North from the Southwest corn of said Lot 4 to a point on E t line 277 feet North of Southe t corner of said lot. A perpetual ease +:,nt for the purpose of installing, constructing, operating, maintaining and replacing a storm sewer line over, across, in, along and under the following -described tract of land situate in Snoh 'sh County, Washington: A strip of land 16.5 feet in width lying North and West of the Southeast boundary of the above -described property. -4 -