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Ordinance 28340006.190A.059 WSS/klt 09/21/90 R:04/16/91 ORDINANCE NO. 2834 AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, VACATING A PORTION OF THE EASTERLY 25 FEET OF THE PLATTED BUT UNBUILT RIGHT-OF-WAY OF BEESON PLACE, AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. WHEREAS, pursuant to ordinance and statute, the City Council of the City of Edmonds, Washington, has held a public hearing to consider the proposed vacation (ST-2-90) of the easterly portion of the right-of-way of Beeson Place at 21423 Beeson Place as shown on Exhibit A; and WHEREAS, pursuant to the findings of the City's responsible official, the City Council finds that there will be no significant environmental impact; WHEREAS, this Council has received the findings and recommendations of its hearing officer, and based thereon, as well as based upon the testimony derived at the hearing before the City Council, finds that the property is surplus to the needs of the City and should be vacated subject to the conditions contained in this ordinance and upon payment of compensation as set forth herein; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. That the following described easement previously dedicated for street purposes is hereby vacated reserving to the City and its franchisees a surface and WSS526780 -1- subsurface utility easement, and an easement for construction and maintenance of such reserved uses. Said right-of-way to be vacated is located within the City of Edmonds, Snohomish County, Washington, and is described as the easterly 25 feet of the right-of-way of Beeson Place at 21423 Beeson Place, shown and legally described on the attached Exhibit A, incorporated by this reference as fully herein set forth. The Council determines that the City should be compensated for the value of the property and, based on the assessed valuation, the values of adjacent parcels, and the failure of the applicant to provide an appraisal, determines the value to be $8,416.00. Section 2. The City Clerk is hereby directed to file a certified copy of this Ordinance with the Snohomish County Auditor contemporaneously with payment by the applicant of the sum of $8,416.00; provided, however, that if such sum is not tendered on or before June 30, 1991, this ordinance of vacation shall be void and without effect. The Community Services Director or his designee is hereby instructed to amend the Comprehensive Street Plan to reflect the vacation and dedication. 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 passage and publication of the ordinance or a summary thereof consisting of the title. APPROVED: MAYQ , �.5. N ❑GHTEN WSS52678O -2- ATTEST/AUTHENTICATED: tIT CLERK, JACQUELINE G. PARRETT APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: N BY FILED WITH THE CITY CLERK: April 16, 1991 PASSED BY THE CITY COUNCIL: May 7, 1991 PUBLISHED: May 12 1991 EFFECTIVE DATE: Aay 17, 1991 ORDINANCE NO. 2834 WSS526780 —3— EXHIBIT "A" The West 5.00 feet, as measured at right angles, of Lots 14 and 15, Block 7, Lake Ballinger Land Co's Plat Subdivision No. 1, according to the Plat thereof recorded in Volume 9 of Plats, on pages 57 and 58, records of Snohomish County, Washington; TOGETHER with the East half of vacated Bradley Road lying adjacent thereto. Affidavit of Publication STATE OF WASHINGTON, COUNTY OF SNOHOMISH, ss The undersigned, being first duly sworn on oath deposes and says sunnnhglty o� — that she is Principal Clerk of THE HERALD, a daily newspaper ORDINANCE NO. 2834 of tnr CRY of printed and published in the City of Everett, County of Snohomish, Edmonds Woshington mOG� Councw of the of and State of Washington; that said newspaper is a newspaper of Edmonds, possed Ordinance No, 2834. A surnmory of the Content general circulation in said County and State; that said newspaper of said ordinance, conslAno of the fftle provides as follows: has been a g newspaper y p AN ORDINANCE OF THE CITY approved as a legal news a er b order of the Superior VACADTING MONDSA PORTIONINGTON OF TWe EA5TERL-V 29 FFFT C1P TRF Court of Snohomish County and that the notice ........................................ I thfs Ordlnonco I �on request. th day of Mov, E G. PARRETT 12, 1"]. Summary of Ordinance No. 2834 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. i / , ,, � � %,,........... Principal .l..Clerk Subscribed and sworn to before me this ......... 13 t h dayOf ....................... }..... M.................r.:.........., 19.9�... Y � r' N •'mot 1•I& - Notary Public in and for the State of Washington, residing at Everett, Snohomish County. 11l j7. i9 C B-2-1 Affidavit of Publication STATE OF WASHINGTON, sa COUNTY OF SNOHOIAISH, ComOl the City wasnif on The undersigned, being first duly sworn on oath deposes and says on the 7th day ar May 1941 the City council of the 6V of that she is Principal Clerk of THE HERALD, a daily newspaper Edmonds, passed Ordinance No. 2834. A summory Of the content of said ordinance, consisting of printed and published in the City , y , P P y of Everett Count of Snohomish the title provides osfollows: AN OR61NANCE OF THE CITY OF EDMONDS, WASHINGTON and State of Washington; that said newspaper is a newspaper of g VACATING A PORTION OF THo EASTERLY 75 FEET OF THE UNB"'LT general circulation in said County and State; that said newspaper PLATTED SLIT RIGHT-OF-WAY OF BEESON ANDTHE FSAING TIMSHALE • has been approved as a legal newspaper by order of the Superior wHEN' eEConfun EFFECTIVE, text of this prdfnonee The T Court of Snohomish County and that the notice.-,........ ........ ..................... will he matted upon request. DATED this 7th dolt Of MOV, 1�15ACQUEUNEG.PARRETT Summary of Ordinance No. 2834 Chy Clerk EXHIBIT"A.. ...._............................................................................... ................................................... The West 5.00 feel, ns mcdsured at HIM anelas, of ' Lots 14 and 5 Block i, Lake BOIRnoer and Co•s ... ........ ....................... :.._:........... .................................... :..... «__...i:.:....._._..._. « Plot S�upbdivision No. 1 { reco ddlM IntVollume Oea! Pfals, on Payos 57 and se. Snohomish retardso! County, Woshlnpfan• TOGETHER with the EuJ Br*dley ........._............................::_........_........._..:.................................................. ..................... a printed p copy of which is hereunto attached, was published in said half ar vocoted Rood lying ddlaceni therero. Published: MUY 7O, 1441, 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. -• ............................... (;:..... ---...................... ...........c.... Principal Clerk Subscribed and sworn to before me this ..... 21 s t y May 19...91. day of........... ....................... No r Publi5 in and for �Stateof Washington, re ng at Everett, Snohomish County. B-2-1