Ordinance 28450006.190A.060
WSS/klt
07/ 10/91 2845
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON,
VACATING PORTIONS OF THE UNDEVELOPED RIGHTS OF
WAY OF 218TH STREET S.W. AND 219TH STREET S.W.
EAST OF 76TH AVENUE WEST, DETERMINING
APPROPRIATE COMPENSATION TO THE CITY, PROVIDING
FOR AN EXPIRATION DATE FOR SAID VACATION AND
COMPENSATION PAYMENT AND FIXING A TIME WHEN THE
SAME SHALL BECOME EFFECTIVE.
WHEREAS, the City has received joint application of
Briar Development Company and Stevens Hospital for vacation of a
portion of the undeveloped right of way of 218th Street S.W. and
219th Street S.W. east of 76th Avenue W., said application being
shown in City files as ST-1-91 and ST-2-91;
WHEREAS, the City's Hearing Examiner reviewed said
applications at a public hearing on June 10, 1991, and issued to
the City Council his findings of fact, conclusions and
recommendation; and
WHEREAS, the City Council held a public hearing on July
2, 1991, and based upon the evidence presented at its hearing,
the record before its Hearing Examiner and its Hearing Examiner's
report and adopting as its findings of fact and conclusions, its
Hearing Examiner's report and the findings of its responsible
official that the proposals are not environmentally significant;
NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO
ORDAIN AS FOLLOWS:
WSS53442O -1-
Section 1. Portions of the unbuilt right of way of
218th Street S.W. and 219th Street S.W. lying south of 76th
Avenue West in the city of Edmonds, Washington, and specifically
described on the attached Exhibit A, incorporated by this
reference as fully as if herein set forth, are hereby vacated
subject to the conditions of Section 2 below.
Section 2. The City Council hereby establishes as
appropriate compensation to the public for the vacation of the
previously described rights of way, the sum of One Hundred Twenty
Thousand Six Hundred Sixty -Four Dollars and Thirty Cents
($120,664.30) said sum being established in accordance with City
ordinance as the assessed valuation of the square footage of the
property vacated, less credit for other property dedicated to the
City by applicant Briar Development. Upon receipt of said sum,
the City Clerk is hereby authorized and instructed to record a
copy of this ordinance with the Snohomish County Auditor thereby
vacating said property. This compensation amount has been based
upon the assessed valuation of the property in 1991 and, in the
event that, the applicant does not tender such compensation to
the City on or before December 31, 1991, this ordinance shall be
void and without effect and the City Clerk shall not thereafter
record a copy of said ordinance with the Snohomish County
Auditor.
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
WSS53442O -2-
the passage and publication of the attached summary which is
hereby approved and of the legal description shown on the
attached Exhibit A.
APPROVED:
MAYO ,,, NAUGHTEN
ATTEST/AUTHENTICATED:
�-- p
&Tl CLERK, JACQUELINE G. PARRETT
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
1:3'�t1/►4llii
FILED WITH THE CITY CLERK: July 10, 1991
PASSED BY THE CITY COUNCIL: July 16, 1991
PUBLISHED: July 21, 1991
EFFECTIVE DATE: July426, 1991
ORDINANCE NO. 8
WSS534420 -3-
BRIAR DEVELOPMENT
Vacation - 2.18th St. S.W.
The North 30.00 feet of Tract 42, Solner's Five Acre Tracts,
according to the plat thereof recorded in Volume 7 of Plats, page
25, records of Snohomish County, Washington, EXCEPT the West
86.68 feet thereof.
ALSO, the South 30.00 feet of Tract 28, Solner's Five Acre
Tracts, EXCEPT the West 86.68 feet thereof.
Being a portion of said tracts conveyed to Snohomish County for
218th Street S.W. by deeds recorded under Auditor's File Nos.
869839 and 869836, records of said county.
AREA: 15,162 sq. ft.
Vacation-21 tii _St. S.W.
ALL that portion of 219th Street S.W. as dedicated in the Plat of
Pine -Land, recorded in Volume 13 of Plats, page 50, records of
Snohomish County, Washington, lying East of a line described as
follows:
BEGINNING at the Southwest corner of Lot 4, Block 1 of said plat;
thence S0'2713611E 60.02 feet to the Northwest corner of Lot 6,
Block 2 of said plat and the terminus of said line.
AREA: 21,596 sq. ft.
EXHIBIT W
Affidavit of Publication
STATE OF WASHINGTON,
ss
COUNTY OF SNOHOIVIISH,
The undersigned, being first duly sworn on oath deposes and says
that she is Principal Clerk of THE HERALD, a daily newspaper
printed and published in the City of Everett, County of Snohomish,
and State of Washington; that said newspaper is a newspaper of
general circulation in said County and State; that said newspaper
5UM RY Cf
ORDINANCE. NO. 7"5
of the c1ty of
has been approved as a legal newspaper by order of the Superior
Edmonds WO!ihinatoll
On 1tIC }61ts dOV of July 1941
the City Collor" of the LtItY 0:.:............
Court of nohomish County and that the notice .....................
Edmonds, passed OrdinonC[' Na.
2945. A summary 0f the COnteni
of 501d ordinOnCe, CW'15l tlnll 01
the lHle ��tI••ovltles as 1phows:
AN ORDINANCE OF THE CITY
................._......................................... ....... ....•....._•.•.•..............••.•••.•••••••,•
OP f D' INN p IONSWASHOF 1
VACATING POfiTI0N5 RF -T k�
RIGHTS.
UNDEVELOPED
.W-
WAY OF 718TH STREET S.W-
ram, c 6=7 cw FASr
.........................�.......-���✓✓�LLL
VIDING FOR AN E}CPIRA ..._...........................
V DATE CDR SAID ..................:.................... .......................... ................
.....
ATION AND C0MPEN5A• a printed
I PAYMENT AND FIXING A copy of which is hereunto attached, was published in said
- WHEN THE $AME SHALL
&foil text EFI-ECTIVhis prdkr7onte newspaper proper and not in supplement form, in the regular and
5 foil
Ife moileduponqes
d41ED'lhls 14h July entire edition of said paper on the following days and times, namely:
JACQUELINE G.RARRETT
CIIV Clerk
EXHIBIT A
BRIAR DEVELOPMENT / C®
Ofion • 218ih 5t- S.W..
�c�0—Peer oI ._............... ... .- .-- ...-................... -.-.. ......
aCt 42, 501ner's Five Acre
-octs OCcordlrlp t0 the Dial
ereol retorddCedd In VOIIInIe f Ptofs, prlA 25, rOCertls• ........................_..........._........................» .........
... ................. s ........ ..................
he South 30,00 tees
If 2g, SOiner'; Five
rods, ExCE-PT She
,68 feet lhereof.
o portfon Of . Said
File
---- ono xlvltl
Wool S,w, os.dediroled Ilk
the Not of F+lee •Lond
recorded In VWu ne 13 01
Ploys, .ppae 50, retnrds or
5nnhon7 sh 'County.
Ilinesdossr�lli - a tyn50I�10wy, F p
BEGINNING of the 50011•
west rArner 01 LOl 4, BIOCk t.
of 50id ❑Jul ; 1henCC
fhw yE [.02
neprl ut L of 6.
tterrminus vl spld line. ti+e
E AREA: 215a6 sq, It.
`Published: juIV 21, 1491.
and that said newspaper was regularly distributed to its subscribers
during all of said period.
r
4-
Principal Clerk
Subscribed and sW rn to before me this.............
dayof ................... ............... ,... .4..__..._.._._...., 19.... --•�
1 Notary ublic in and forithe State of Washington,
residir£g, at Everett, Snohomish County.
B-2-1