Ordinance 27970006.190A.057
WSS/klt
09/21/90
ORDINANCE NO. 2797
AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON,
VACATING A PORTION OF THE PLATTED BUT UNBUILT
RIGHT-OF-WAY OF 74TH PLACE WEST LYING BETWEEN
NORTH MEADOWDALE ROAD AND 162ND STREET S.W., 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-3-89) of that
portion of the right-of-way of 74th Place West lying between
North Meadowdale Road and 162nd Street S.W.; 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 in exchange for certain
dedications to public use; 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. Said
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easement is located within the City of Edmonds, Snohomish County,
Washington, and is described as the platted but unbuilt right-of-
way of 74th Place West, lying immediately between North
Meadowdale Road and 162nd Street S.W., shown and legally
described on the attached Exhibit A, incorporated by this
reference as fully herein set forth; Provided, however, that this
vacation has been expressly conditioned upon fulfillment of the
following:
a. quit claim deeds from abutting property owners for
the as -built right-of-way of 74th Place West;
b. reciprocal access easements be granted to and
between abutting owners;
c. A mutually agreeable transfer of property rights be
worked out with respect to the residence which encroaches within
the existing right-of-way; and
d. the City receive a 10 foot utility easement for
existing utilities in or adjacent to the rights of way.
The City Council finds that such conditions have been
met and reserves a public utility easement surface and subsurface
for maintenance and reconstruction 10 feet in width for existing
utilities from said vacation to the extent necessary to fulfill
said condition "d" above.
Section 2. The City Clerk is hereby directed to file
a certified copy of this Ordinance with the Snohomish County
Auditor contemporaneously with Deeds of Dedication with the
current owners of the properties indicated in the Council's
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Findings of Fact, upon acceptance of the same by the City
Council. 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:
A�FMJMRI."" Ahlwr-rw
• - FM ems:
ATTEST/AUTHENTICATED:
ItITT CLERK, JACQUELINE G. PARRETT
APPROVED AS TO FORM:
OFFICE OF,THE CITY ATTORNEY:
r
BY �FILED WITH THE CITY CLERK: September 22, 1990
PASSED BY THE CITY COUNCIL: October 2, 1990
PUBLISHED: October 7, 1990
EFFECTIVE DATE: October 12, 1990
ORDINANCE NO. 2797
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EXHIBIT A
74th Place West Street Vacation
Beginning at the Northeast corner of Lot 1, Block 58 Plat of Meadowdale
Beach, as recorded in Volume 5 of Plats, Page 38, records of Snohomish
County, Washington, the true point of beginning, thence traveling
easterly along the southern boundary of North Meadowdale Road a
distance of 30 feet to the northwest corner of Lot 54 of said Plat,
thence southerly along the west property line of Lots 54 through 57 of
said Plat to the southwest corner of Lot 57, thence westerly 30 to the
southeast corner of Lot 11, Block 58 of said Plat, thence northerly
along the east property lines of Lots 1 through 11, Block 58 of said
Plat to the true point of beginning.
Affidavit of Publication
STATE OF WASHINGTON,
COUNTY OF SNOHOIVIISH, t>s
The undersigned, being first duly sworn on oath deposes and says
that she is Principal Clerk of THE HERALD, a daily newspaper
SUMMARY OF
ORDINANCE NO, 2797 printed and published in the City of Everett, County of Snohomish,
of the City of
Edmonds, Washington and State of Washington; that said newspaper is a newspaper of
7n Me 2nd day of OCtober,
tamo„Cds passed Ord nonce general circulation in said County and State; that said newspaper
2797. A wrnmory of the
slsf na Or the fi11C, proycil ldes has been approved as a legal newspaper by order of the Superior
I°Ilows:
E D'NANCe1NASF"r C" Court of Snohomish County and that the notice ........................................
CATihlG A PORTION O1='" .
A77ED BUT "'UILT'
Al OF 74TH
ACE WEST LYING Summary of Ordinance No. 2797
17WEEN NORTH MEADOW ...................I...... .......... ... ..... I ....... ................... ................... ..
The full 'I"'of this OrOftooce
will be molied upon request.
...................... ...................................... ._..._....------------- ........ ................ ......................
DATED tills ?Ad day of
October 1990.
1 City 11EL17E G. PARRETT
JA Clerk
_._.._.
...... .._....._...............................................
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EXHIBIT A
74th Place Wesf trtet Vacation
a printed copy of which is hereunto attached, was published in said
eg nn nq 131 Tile Northeost
corner
MeodowLot doleiock Beach
newspaper proper and not in supplement form, in the regular and
as recorded In Volume 5 of
Pno Page ]8. retards of
SnUhomish � County
entire edition of said paper on the following days and times, namely:
p P g Y Y:
WoshIngtanI the true pain]
of beglnnlnq, thence lravt
InQ anster+v atohp the south•
ern boundary at N°Ym
Mdo
cowtlolt Road o
October 7, 1990
dlstonca of 30 feet fo the
narihwesl corner of lot 54
......................................................................................................................................
of sald Plot, tilenct south.
erty along the west property,
line of Lots 54 through 57 at
soldPlot f° the southwest
.......................................................... ...............................
corner 6f La} 57, lhen[e
Oferio3t1ck59l tLo1,Bloof
and that said newspaper was regularly distributed to its subscribers
,sold Plot, thence nartherly
along the
through I
during all of said period.
50 of sold Plot to the true
.bent of beg InnIng.-
Pub lisned: October 7, 1990.
_ ,.,qI
Principal Clerk
Subscribed and sworn to before me this......... —...th
day ofIN
...October � ...............•......... 1.........
....:.............blican an or the State of Washington,
Everett, Snohomish County.
B-2-1