Ordinance 27997ac)
0006.190A.057
WSS/klt
09/21/90
R:09/25/90
ORDINANCE NO. 2799
AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON,
VACATING A THIRTY FOOT WIDE PORTION OF THE
WESTERLY EDGE PLATTED BUT UNBUILT RIGHT-OF-WAY
OF 75TH PLACE WEST, 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 the
westerly portion of the right-of-way of 75th Place West lying
south of the intersection of North Meadowdale Road 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 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
WSS526780 -1-
reserving the City and its franchisees a surface and subsurface
utility easement, and 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 westerly right-of-way of 75th Place West,
lying south of its intersection with North Meadowdale Road, 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 the dedication
to public use, of all property underlying the as constructed 75th
Avenue West; grant of and reservation of a ten foot public
utility and maintenance easement for all existing utilities;
completion of a center line survey of 75th Place West for a 40
foot right-of-way between 164th Street S.W. and 156th Street
S.W., dedication by Hawley-McCorkle of three lots of a
contemporaneous approved rezone and subdivision for park and
other purposes, and that all legal documents necessary to
accomplish same be ready for acceptance contemporaneously with
this vacation. Said property to be dedicated to public use is
shown on attached Exhibit B, and by this reference is
incorporated in herein as fully as if herein set forth.
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 from the
current owners of the properties indicated in the Council's
Findings of Fact, upon acceptance of the same by the City
WSS52678O -2-
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:
MAYOR, ERR)' J9.
ATTEST/AUTHENTICATED:
,CITY LERK, JAC�UELINE G. PARRETT
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
BY VL
FII►D WITH THE CITY CLERK: e tember 27, 1990
PASSED BY THE CITY COUNCIL: Ober 16, 1990
PUBLISHED: November 18, 1990
EFFECTIVE DATE: November 23, 1990
ORDINANCE NO. 2799
WSS526780 -3-
EXHIBIT A
Parcel A:
Lots 1 to 10, inclusive, Block 59, Meadowdale Beach, as per plat
recorded in Volume 5 of Plats, page 38, records of Snohomish County,
Washington;
EXCEPT the Easterly 40 feet of said Lots 1 thru 10 as measured at right
angles to the Easterly boundaries thereof; ALSO EXCEPT that portion of
lots 9 and 10 appropriated by Snohomish County for Public Highway by
decree of appropriation entered in Snohomish County Superior Court
Cause No. 37516; ALSO EXCEPT that portion of Lot 10, Block 59,
Meadowdale Beach, as per plat recorded in Volume 5 of Plats, page 38,
records of Snohomish County, Washington, described as follows:
Beginning at a point on the South line of Lot 10 South 89 46116" West,
a distance 41.33 feet from the Southeast corner of said lot 10,
Thence continuing South 89 46116" West along said South line 30 feet
Thence to a point on the Westerly margin of said South line 30 feet
Thence to a point on the Westerly margin of said Easterly 40 feet lying
North 14 21116" East a distance 30 feet from true point of beginning:
Thence South 14 21116" West 30 feet to true point of beginning;
TOGETHER WITH that portion of vacated street, as vacated by Edmonds
City ordinance #2073, which upon vacation attached to said property by
operation of law.
All situate in the county of Snohomish, State of Washington.
� 6
Exhibit' s V (� j� G7 -1 l
r 7 a VICINITY MAP
ST-3-89
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35�
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1140 iia 10
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2
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3
4 2 3
�5 3 4 5 5
6 1r 4 5 - -
59 58
7 (� 5 6
8 � 6 7 56
7 8 X
$ 9 S7
Q 162 N D ST S_W. 66 (A)
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2 2
Q gl S-6'[-78
• 3 3
4 ! 4 5
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53
52
4
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ma 60 3
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67
opened Street Right -of -Way
to be Vacated
u
PREVIOUS RIGHT-OF-WAY MAPS
Ord.No
Ref.0-q.
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Affidavit of Publication
STATE OF WASHINGTON, ss
COUNTY OF SNOHOD&ISH,
— 3UMWAffV_OF__ The undersigned, being first duly sworn on oath deposes and says
ORDINANCE NO, 2709
nl the Clfv of that she is Principal Clerk of THE HERALD, a daily newspaper
Edmonds, W¢shhylfan
oil l"Ir lty day of October'.
ity printed and published in the City of Everett Count of Snohomish
of 4E'dinurMs p %s all
dlnanice p p Y Y
No. 2194.. A summary at rile and State of Washington; that said newspaper is a newspaper of
tonfent of sold ordinance.
coosistinq of the iloo, provides
a8.follews: general circulation in said County and State; that said newspaper
AN ORDINANCE OF THE CITY
OF EDMONDS. WASHINGTON
VACATING A THIRTY FOOT has been approved as a legal newspaper by order of the Superior
WIDE PORTION OF THE
wESflUr UN
UI EDGE PLATTED Court of Snohomish Count and that the notice ........................................
BifT LlNBiJiL7 RIGHT-OF-WAY Y
OF 7STH PLACE WEST AND
FIXING A TIME WHEN THE
SAME SHALL BECOME EFFEC•
TIVE. Summary.-of._Ordinance No. 2799
The full text of this Ordinance .._......... - -------------••.•......•...........
wilt be mailed opal) reauest
DATED flits 30fh day at
OCIDber 1990
JA�ouKINE G. PARRETT
cityClerk ......,..«....»«.._» ........... .......... ......................... ........ ............... ........... . ...
EXHIBIT A
PARCEL A:
Lots 1 to 10, Inclusive, Block
S9, meo[fowdole BeDCh, a5
{{sseer plat recordpned fit Valume............................. 6.................... ..................................... .......................................... ...
of Snollopr'ra+I51138'Counfvs a printed coy of which is hereunto attached was
Washin�7tpn. p p , published in said
tee, op.sald�Lotsuirlhvou411 newspaper proper and not in supplement form, in the regular and
lg us !1r^0. red .at rig it
pnples to the Easter) entire edition of said paper on the following days and times, namely:
boundor'les }hOrCoh ALSO
EXCEPT tlr[+t portloll of lots
9 and 10 oparaprIc d by
Snalipmislr Cuu!lty for
Public Hipliway by decree
of apgroprlatlan entered In November 1.8 = 1990
Snohomish Counly Su erior ............ •.....................:..............:..:.................._:.......... ......................... .
tour
ALSO ExCEpT IN& Portion
of Let 10, Block 59, Meadow-
dale 8eoch, as per plot
recordedin Volume 5 of i ................... ................. ......,........ ....... ............ ............................. ........ .................. .------
PIa1s, pope 38, records of
Sn tti nmishgton, descrCounty, and that said newspaper was regularly distributed to its subscribers
as
follows:
Beglonln0 at a pains an the during all of said period.
South Ifne of L.Ot 10 South fig
46'I6" West, a distance A1.33
feet from the 5outheost _
corner of sold lot 10 �' • �'., f % / r .. f. `�
Thence Continuing Saud+ 89 -
46t6'• Wdst along said South Principal Clerk
line 30 feet p
7henco f0 d point ors the
Westerly margin of Sold
South One 30 feet 19 t h
Thence to a point an tole Subscribed and sworn to before me this ... ....... :..:..............
Westerly m¢rppin pl sold
Easferty 40 V lvintl North
14 21'16" Ca5f d distance 30
feet From true point of
TI10nCo , day of......_. �...... Novemb ....... 90
begl+ce S�Dtdh 14 2t'16" west ---...., 19...._._..
30 feet to true Point of
begtnninpp� -
TOGETlieR WITH that
portion of v¢cafed street as ....d::�' .....�
1
'ordlnonCey -92073. wtrleh N t ry Publi in a d for the State of Washington,
said property by ooperation ing at Everett, Snohomish County.
of tow.
All silaofc in the county of
Snohomish. State of
WoyhlnptDn.
PUDIIShad: November 18, 1"0'
B-2-1