Ordinance 28540006.190A.060
WSS/klt
10/21/91
ORDINANCE NO. 2854
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, VACATING 275 FEET OF AN ALLEY EAST
OF 7TH AVENUE SOUTH BETWEEN SPRUCE AND HEMLOCK
STREETS, PROVIDING FOR COMPENSATION, RESERVING
A UTILITY EASEMENT AND FIXING A TIME WHEN THE
SAME SHOULD BECOME EFFECTIVE.
WHEREAS, Gerry and Sandie McBride, owners of property at
709 - 7th Avenue South, Edmonds, Washington have presented a
petition requesting amendment of the official street map and
vacation of 275 feet of an alley of approximately 3,300 square feet
of surface area lying east of 7th Avenue South between Spruce and
Hemlock Streets, Edmonds, Washington;
WHEREAS, the City Council has received a favorable
recommendation from its Hearing Examiner and, pursuant to its own
public hearing has adopted the findings of fact and conclusions of
its Hearing Examiner, which approve the vacation;
WHEREAS, in the course of testimony, the applicants stated
their desire to utilize the property for a private driveway by a
series of transfers between themselves and other abutting property
owners of the vacated portion of the alley;
WHEREAS, the Council finds that in accordance with the
vacation criteria established by ordinance, the alley should be
vacated but cautions the applicants that a street vacation
transfers title by operation of law and that any transfer of
easement rights in order to provide for use of the vacated right-
of-way as a driveway will be subject to review and approval by the
WSS3671.1 -1-
City through a lot line adjustment or subdivision amendment in
order to amend the subdivision plat to provide for such private
easement, and may require approval of variances in order to address
the lack of required rear yard setback by other properties
immediately abutting the alley to be vacated;
NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO
ORDAIN AS FOLLOWS:
Section 1. The following described platted alley is
hereby vacated, reserving to the City and its franchisees a surface
and subsurface utility easement as well as an easement for
construction, reconstruction and maintenance of such reserved uses.
Said right-of-way to be vacated is located within the City of
Edmonds, Washington, and is described as the 275 feet of the alley
which lies immediately east of 7th Avenue South between Spruce and
Hemlock Streets, Edmonds, Washington, and which contains
approximately 3,300 square feet of surface area. The Council
determines that the City should be compensated for the value of the
property as determined pursuant to ordinance in the amount of
$13,290.75.
Section 2. The City Clerk is hereby directed to file a
certified copy of this ordinance with Snohomish County Auditor
following payment by the applicant of said sum of $13,290.75,
provided, however, that if said sum is not tendered on or before
March 31, 1992, this ordinance of vacation shall be void and
without effect. The Community Services Director or his designee is
WSS3671.1 -2-
hereby instructed to amend the Comprehensive Street Map to reflect
said vacation upon filing. The applicants are cautioned that they
should seek independent legal counsel to separately evaluate the
statutory effect of the vacation and pursue a lot line adjustment,
variance(s), and such other administrative remedies as may be
necessary to effectuate their stated purpose of using the vacated
strip for a private driveway. The City Council by approval of this
vacation ordinance expresses no opinion regarding final approval of
a lot line adjustment, variance, or other required administrative
acts and specifically reserves to itself in accordance with its
quasi-judicial responsibilities, the right and duty to make such
determinations, if any, as may be presented to them in accordance
with the ordinance criteria in effect at the date of application.
Section 3. This ordinance, being an exercise of 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:
MAY_❑ AARV S. NAUGH N
ATTEST/AUTHENTICATED:
r `I fF
Cl/TY CLERK, RHdNDA J. MARCH
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
BY AS
t
WSS3671.1 -3-
FILED WITH THE CITY CLERK: October 21, 1991
PASSED BY THE CITY COUNCIL: October 29, 1991
PUBLISHED: November 3, 1991
EFFECTIVE DATE: November 8, 1991
ORDINANCE NO. 2854
WSS3671.1 —4—
"EXHIBIT A"
THE WEST 275.00 FEET OF THE ALLEY OF BLOCK 5 OF THE KELLOGG PLAT OF
EDMONDS, PER PLAT RECORDED IN VOLUME 39 OF PLATS, PAGE 46, RECORDS OF
SNOHOMISH COUNTY, WASHINGTON,
BEING 12.00 FEET IN WIDTH, ADJACENT TO, AND NORTHERLY OF, LOTS 32
THROUGH 40 AND THE WEST 5.00 FEET OF LOT 31, OF BLOCK 5 OF SAID PLAT.
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SPRUCE ST. _
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HEMLOCK ST.
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.LAUREL ST. ST-3-91
WNE-
AMENDMENT TO OFFICIAL STREET MAP
RES. NO.
SHEET NO.
DATE
OF OFFICIAL
ORD. NO.
ST. MAF
DATE
- EXHIBIT 1
SUMMARY OF ORDINANCE NO. 2854
of the City of Edmonds, Washington
On the 29th day of October , 1991, the City Council of
the City of Edmonds, passed Ordinance No. 2854 . A summary
of the content of said ordinance, consisting of the title, provides
as follows:
AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, VACATING 275 FEET
OF AN ALLEY EAST OF 7TH AVENUE SOUTH BETWEEN SPRUCE AND HEMLOCK
STREETS, PROVIDING FOR COMPENSATION, RESERVING A UTILITY EASEMENT
AND FIXING A TIME WHEN THE SAME SHOULD BECOME EFFECTIVE.
request.
The full text of this Ordinance will be mailed upon
DATED this 30th day of
October
, 1991.
C TY CLERK, PRH15NDA J. MARCH
Affidavit of Publication
STATE OF WASHINGTON,
COUNTY OF SNOHOIKISH, ss
SUMMARY OF
ORDINANCE NO. 2854
of the City of The undersigned, being first duly sworn on oath deposes and says
Edmonds, Wash.
On the 29th day of Ocioher that she is Principal Clerk of THE HERALD, a daily newspaper
1991 the City Council I the Clty 1�
Noa2454 dQ 5u maydafance
the printed and
content of sold ordinance, p published in the City of Everett, County of Snohomish,
ate', }ol aws Of the title, lxOvldes and State of Washington; that said newspaper is a newspaper of
AN ORDINANCE OF THE CITY
OF S
VACAT NGN27, FEET I OF ANff general circulation in said County and State; that said newspaper
SOUTHALLEY AVENUE
EAST OF H BETWEENSPRUCE has been a
AND HEMLOCK STREETS, pproved as a legal newspaper by order Of the Superior
PROVIDING FOR COMPENSA•
TION RESER IN'G A t)TILIT A Court of Snohomish County and that the notice ........................................
The full text of this Ordlnanie
Summary of Ordinance No. 285
will be mulled upon request.
............. ..........................................................................
DATED this 301h day of
......................... ••-._.....�.....�._...
October 1991,
RH6NDA J. MARCH
City Clerk.
"EXHIBIT A"
........ ........................... ....... ................................... I....
............................
THE WEST 275.00 FEET OF
THE ALLEY OF BLOCK 5'
OF THE KELLOGG PLAT
OF EDMONDS, PER PLAT
RECORDED IN VOLUME 39 -
...........................................................................
OF PLATS PAGE 46
RECORDS Ok SNOHOMISP
a printed copy of which is hereunto
COUNTY, WASHINGTON,
attached, was published in said
BEING 12.00 FEET IN
WID Hfv ADJACENT TO.
OF
newspaper proper and not in supplement form, in the regular and
LOTS32 THROUGH WEST 5.00 FEET T o THEf
entire edition of said paper on the following days and times, namely:
LOT 31, OF BLOCK 5 OF
SAID PLAT.
Published: November 3, 1991.
---
November 3, 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 ... .... 10th
day of .... .
...... .Hove ber 19 91
Not in an for the State of Washington,
reverett, Snohomish County,
B-2-1