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Ordinance 28310006.190A.059 WSS/klt 04/16/91 ORDINANCE NO. 2831 AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING THE OFFICIAL STREET MAP TO ELIMINATE A PORTION OF THE PROJECTED RIGHT-OF-WAY OF 8TH AVENUE NORTH, SOUTH OF HINDLEY LANE AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. WHEREAS, the applicant pursuant to file number ST-5-90 has applied'to the City to eliminate a portion of the plan lined right-of-way of 8th Avenue North, south of Hindley Lane; and WHEREAS, such property is not currently dedicated right-of-way but is shown on the official Street Map for future development; WHEREAS, the City's Hearing Examiner has held a public hearing and pursuant thereto has recommended to the Council that the property be deleted from the official Street Map; WHEREAS, the Council after public hearing finds that the property should be eliminated from the official Street Map but further finds that the City owns a strip of land over and across the property. andthat said property should be considered for addition to the City's inventory of trails and bicycle paths as a public walkway; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. The official Street Map of the City of Edmonds is hereby amended to delete reference as public stteet WSS53260O -1- right-of-way to that portion of the plan lined right-of-way of 8th Avenue North, south of Hindley Lane, shown on the attached Exhibit A. The Council finds that while such property will not reasonably be expected to be developed as public road right-of- way, the City owns a strip of land over and across the subject tract which was purchased and intended for use as a public walkway. Section 2. The issue of the use of the public property, its development and an appropriate time for its opening as a part of the City's trail and bicycle path inventory is hereby referred to the City's Planning Commission for consideration for inclusion as a part of the City's bicycle paths and trails plan element of the Comprehensive Plan pursuant to Chapter 15.10 of the Edmonds Community Development Code. The Planning Board in its capacity as a planning board and also as the Parks Board is requested to consider the appropriate level of development of the property, its use as a public walkway, trail and/or bicycle path, the development of the path and the date on which it should be open and to make its recommendations to the Council with regard thereto in conjunction with its inclusion on the City's bicycle path and trail element of the comprehensive plan. Section 3. 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 WSS53260O -2- passage and publication of the ordinance or a summary thereof consisting of the title. APPROVED: — 4ziQ MAYOR, Y A. NAUGHTEN ATTEST/AUTHENTICATED: f � CITY CLERK, CLERK, JACQUELINE G. PARRETT APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: BY FILED WITH THE CITY CLERK: April 16, 1991 PASSED BY THE CITY COUNCIL: May 7, 1991 PUBLISHED: May 12, 1991 EFFECTIVE DATE: May 17, 1991 ORDINANCE NO. 2831 WSS53260O -3- EXHIBIT "A" A portion of proposed 8th Avenue North right-of-way lying south at Hindley Lane and north of the exiting right-of-way of 8th Avenue North. EXHIBIT.A1/TXTCLC25 VICINITY MAP Affidavit of Publication STATE OF WASHINGTON, COUNTY OF SNOHO1Yi sm ss SUMMARY OF UQUINANCF No. 7831 Fumfit1dse rify f on The undersigned, being first duly sworn on oath deposes and says the il City UL;r ijvof 6f muy 1V of that she is Principal Clerk of THE HERALD, a daily newspaper Ltlmonds, Paw. Ordinance NI), 2931. n culnnwry of the content at Ynld ordlrl0-s[e. const5llnq 01 printed and published in the City of Everett County of Snohomish, , the Nfa lrowo 5 as 101TOWS: AN ortblNANCE or= rHE clrY OF EDMONDS WASHINGTON. and State of Washington; that said newspaper is a newspaper of AME�NDIN.G THE OFFICIAL .TRFFT MAP .TOEJAMINATE: A 'PORT ! general circulation in said County and State; that said newspaper ION Of. THE PRO.1t CTE[9 RIOIIT.OF-WAY OF 8TH AVFNUU NORTH, SOUTH OF has been approved as a legal newspaper by order of the Superior Hl'JftY LANTHE E AND FWKG P; N THE HI: SAVE SHALL, ECOMEV E Court of Snohomish County and that the notice ........................................ The F011 frxt of this OrUingn[e WIQArEU s, 1h 701 day Of Mriv, ,01• Summary of Ordinance No. 2831 IACOUELIW G, PARDk ,ry ork ....-•--•.........................- 1�, I"]............ Pubic a printed copy of which is hereunto attached, was published in said newspaper proper and not in supplement form, in the regular and entire edition of said paper on the following days and times, namely: May 12, 1991 and that said newspaper was regularly distributed to its subscribers during all of said period. r Principal Clerk Subscribed and sworn to before me this...... ,13 t h day of ....................... F . MLaY._.........,......................., 19 t.... .. Notar3n' Public in and for the State of Washington, residing at Everett, Snohomish County. B-2-1 Affidavit of Publication STATE OF WASHINGTON, ss. COUNTY OF SNOHOIIISH, of me "IN0Etlmonrh WtlShln The undersigned, being first duly sworn on oath deposes and says the City C.aa �i of the vtlti of that she is Principal Clerk of THE HERALD, a daily newspaper Edmonds, PMSed OrdinunCe No. 22$1. A snuumrno e,of The ordeirm o printed and published in the City of Everett, County of Snohomish, of 5oldthe title provides as follows: AN OR15MANCE OF THE CITY and State of Washington; that said newspaper is a newspaper of OF EDMONOS:.WASHPIGTON,, AM5N5TREFTIMAP TO ELIMINATE A general circulation in said County and State; that said newspaper PORTION OF THE PROJECTED RIGHT•OF•WAY of ATH AVENUE NORTH, SOUTH OF has been approved as a legal newspaper by order of the Superior HI NDLEY LANE AND Fix ING A TIME WHEN THE SAME SHALL Court of Snohomish County and that the notice ........................................ � BECOME EFFECTNE� �, ,- wiil he moiren Elpo n request. DATED this Nh doV of Mov. 1 1991. JACQUELIHf G. PARRETT City Clerk EXHIBIT "A" A porflpn of proposed 81ft Avenue North right-0 -way IvIne soulh W Hlndley Lena and rwrth of the existing rfpht-of•way of 81h Avenue Nwifl. Publlslted: Mov 4e, 1991. Summary of Ordinance No. 2831 .................................................................................. ...................... ........ ....---- •--•..... ... a printed copy of which is hereunto attached, was published in said newspaper proper and not in supplement form, in the regular and entire edition of said paper on the following days and times, namely: May 20, 1991 and that said newspaper was regularly distributed to its subscribers during all of said period. - Principal Clerk Subscribed and sworn to before me this...... -... t May 91 dayof......... ......................... ....................�......., 1 ��� `�...............�%r`Tr..:.--_----------• --•--- 1� t y Pu}s?IC In and for the State of Washington, ling at Everett, Snohomish County. B-2-1