Ordinance 26690006.1915E
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04/27/88
R:04/29/88
ORDINANCE NO. I,'b69
AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON,
AMENDING ORDINANCES NO. 2620 AND 2641 VACATING
THE WESTERLY POR-ION OF THE PLATTED BUT UNBUILT
RIGHT-OF-WAY OF 7TH AVENUE SOUTH, IMMEDIATELY
SOUTH OF ITS INTERSECTION WITH FIR STREET,
DELETING A PORTION OF SAID VACATION UPON FAILURE
OF AN ABUTTING PROPERTY OWNER TO PAY
COMPENSATION AND FIXING A TIME WHEN THE SAME
SHALL BECOME EFFECTIVE
WHEREAS, pursuant to ordinance and statute, the City £
Edmonds held a public hearing to consider the proposed vacation
of a portion of the right-of-way of 7th Avenue South, lying
immediately south of its intersection with Fir Stree` under City
Application No. ST-4-86; and
WHEREAS, pursuant to said proceedings, the City Council i
conditionally vacated said unbuilt right-of-way of 7th Avenue
South in Ordinance No. 2620, reserving to itself a pedestrian
easement, surface and subsurface utility easements and an
easement to maintain same; and
WHEREAS, in Ordinance No. 2620 said easement was not
specifically located but rather an easement was reserved within
and over the entire right-of-way to be vacated; and
WHEREAS, the City Council, following notice and further
public hearing, determined it to be appropriate to reduce the
easement a -ea to be reserved for public use, thereby amending the
amount of compensation to be paid, and conditionally vacated said
right-of-way by Ordinance No. 2641; and
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WHEREAS, said condition was only partially met as the
property owner abutting the easterly portion of said right-of-way
has refused to pay the compen 3tion set, while she abutting )wner
to the west, Mrs. Shirley Abrahamson, has paid said compensation,
NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF FDMONDS, WASH:NGTON, DO
ORDAIN AS FOLLOWS:
Section 1. Ordinances No. 20-20 and 2641 vacating a
portion of the platted but unbuilt right-of-way of 7th Avenue
South are hereby amended in order to delete the easterly one-half
of said right-of-way due to the failure of the abutting property
owner to pay the compensation set by said ordinance. The receipt
of compensation from the abutting owner to the west is hereby
confirmed. Said prior conditional vacation of the easterly
portion of 7th Avenue is hereby voided and shall be without
effect.
Section 2. A portion of the platted but unbuilt right-
of-way described as the westerly thirty (30) fee• of that portion
of 7th Avenue South adjacent to Fir Street, and more particularly
shown and described on the attached Exhibit A incorporated by
this reference as fully as if herein set firth, is hereby finally
vacated subject only to the reservation of:
A. A five (5) foot pedestrian easement described as
the easterly five (5) feet of said vacated area;
and
B. A fifteen (15) foot utility easement, overlying
said retained pedestrian easement ana described as
tho easterly fifteen (15) feet of said vacated
premises.
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Section 3. The City Clerk is hereby instructed to
record a copy of this ordinance with the Snohomish County
Auditor.
Section 4. This ordinance, being an exercise of a
power specifically delegated to the City legislative body, is not
subject to referendum and shall take effect five (5) days after
passage and publication .�f .he attached summary which is hereby
approved.
APPROVED:
.'4AYC
ATTEST/AUTHENTICATED:
i/CIVI CLERK, .? CQUELINE G. PARRETT
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
BY 1 <� r 1 /► -e�
FILED WITH THE CITY CLERK: April 28, 1988
PAQSED BY THE CITY COUNCIL: 4ay 3, 11188
PUBLISHED: Mav 8, 1988
EFFECTIVE DATE: May 13. 1988
ORDINANCE. NO. 2669
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I-XIIIHIT A
5 FOOT PEO STRIA(J E SEMENT
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H/ W TO BE VACATED Oloi
ESTRIAN EASEMENT i
That portion of the undeveloped right-of-way of 7th Avenue South as
follows:
The westerly 30 feet of the northerly 120 feet of 7th Avenue South,
lying southerly of Fir Street and north of Elm Street; adjacent to Lot
1, Block 8 of Yost's First Addition to Edmonds in Section 25, Township
27 North, Range 3 East, W.M., situate in the County of Snohomish, State
of Washington.