Ordinance 30980006.90000
PAO /gjz
06/28/96
R:06/28/96gjz
R:07 /02 /96gjz
ORDINANCE NO. 3098
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, VACATING A PORTION OF THE EAST SIDE
OF 80TH AVENUE W. NORTH OF 196TH STREET SW,
RESERVING A PEDESTRIAN EASEMENT, EXCEPTING
DEDICATION, AND FIXING A TIME WHEN THE SAME
SHALL BECOME EFFECTIVE.
WHEREAS, the City is in receipt of an application from Kenneth Johnson for
the vacation of the east five feet of 80th Avenue W. for approximately 85 feet north of 196th
Street SW, Washington, and
WHEREAS, in consideration of said vacation Johnson is dedicating 182 square
feet to the City of Edmonds, and
WHEREAS, the City Council determines that it is in the public interest to reserve
a pedestrian easement over the vacated roadway, and
WHEREAS, the City Council held a public hearing on the proposed dedication
on February 20, 1996, and
WHEREAS, the action of vacating a street or roadway is a categorical exemption
per WAC 197- 11- 800(h) and therefore is not subject to SEPA rules and determinations, NOW,
THEREFORE,
THE CITY COUNCIL OF THE CITY OF EDMONDS WASHINGTON, DO
ORDAIN AS FOLLOWS:
116973.10 -1-
Section 1. The following described portion of right-of-way is hereby vacated,
subject to reservation of a pedestrian easement over the hereinafter described property. Said
right -of -way to be vacated is located within the City of Edmonds, Washington, and is described
on Exhibit A, attached hereto and incorporated herein by this reference as if set forth in full.
Section 2. This vacation is contingent upon the dedication to the City of Edmonds
of the property described in Exhibit B, attached hereto and incorporated herein by this reference
as if set forth in full. The City Council hereby accepts dedication by quit claim deed of said
property and authorizes the City Clerk to record said quit claim deed in the land records of
Snohomish County.
Section 3. Severability. If any section, sentence, clause or phrase of this
ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction,
such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other
section, sentence, clause or phrase of this ordinance.
Section 4.. Effective Date. 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 which is approved by the City Council.
DATED this 2nd day of Jul y , 1996.
APPROVED:
ct� a--
MAYOR, BARBARA S. FAHEY
116973.10 -2-
ATTEST /AUTHENTICATED:
CITY CLERK, S NDRA S. CHASE
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
BY
FILED WITH THE CITY RK: 06/28/96
PASSED BY THE CITY COUNCIL: 07/02/96
PUBLISHED: 07/07i/96
EFFECTIVE DATE: 07/12/96
ORDINANCE NO.
116973.10 -3-
EXHIBIT 40,
Oft AVG. W. MatiOn to Ken Johnson
The Nora 85.16 feet of the Snuth 1 56.00 fort of thO Eaot 1DO feet or zhe West
30.00 feet of the SoUthwaet one-quarter of the SotrMaaet one - quarter of the
Southeast oti"uarter of Secuon 18, Township 27 NWh, Range 4 East, W.M.
being the easterly 5.00 fist of 80th Ave. W. right -hf -way lying wastorly and
aijacamt to the north 66,10 ft et gf Lot 7, Lawrence Addition, as accorded in
VOIUMe 18 of Flats. Page 92, records of SnOhamlSh County. Washkvton,
n
*SG4�d1�aPoe
cow
EXHIBIT 50,
80tH Ave. W. dedi6agon from Ksn Johnoon
That portion of Lot r, Lawrence AddMon, as recorded In Valme 99 of Plats, Pane
92, records of Snohomish County, Washington; lying s*uthody &-d westerly of
the following described fine:
Commencing at the nadhwest comer said lot; thenca south 00 4V 641 Wc9t,
along-the west line of said lot a distance of 85.96 feat to a paint of tangency of a
curve to the left and ft point of beginnhg of the line describing herein; thence
solithOastedy along said curve hiving a ceding of 40.00 feet and c:onsurr;ing a
central angle of 1390 46126' fore diMance of 82.87 tV. to a point of tangency on
tha south line of cold lot that Has 40.76 teat weeterty of the southeast corner of
said Iof and the terminus of described line.
,as
�
e v5V Vi
c
SUMMARY OF ORDINANCE NO. 3098
of the City of Edmonds, Washington
On the 2nd day of July , 199 6 , -the City Council of the City of Edmonds,
passed Ordinance No. 3098. A summary of the content of said ordinance, consisting
of the title, provides as follows:
AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, VACATING A
PORTION .OF THE EAST SIDE OF 80TH AVENUE W. NORTH OF 196TH STREET SW,
RESERVING A PEDESTRIAN EASEMENT, EXCEPTING DEDICATION, AND FIXING A
TIME WHEN THE SAME SHALL BECOME EFFECTIVE.
The full text of this Ordinance will be mailed upon request.
DATED this 3rd day of July , 1996
P �"t . a. eZ,4.c�
"CITY CLERK, SANDRA S. CHASE
Filed with City Clerk: 6 'Z ? "%
Adopted by Reference
Ordinance # JOY9 on
197 -11 -797 Title 197 WAC: Environmental Policy, Council on J,r na e,,
City Clerk
is required for a proposal that is not categorically exempt
(WAC 197 -11 -310 and 197 -11 -330 (1)(b)).
[Statutory Authority: RCW 43.21C.110. 84 -05 -020 (Order DE 83 -39), §
197 -11 -797, filed 2/10/84, effective 4/4/84.]
WAC 197 -11 -799 Underlying governmental action.
"Underlying government action" means the governmental
i action, such as zoning or permit approvals, that is the subject
of SEPA compliance.
[Statutory Authority: RCW 43.21C.1 10. 84 -05 -020 (Order DE 83 -39), §
197 -11 -799, filed 2/10/84, effective 4/4/84.]
PART NINE - CATEGORICAL EXEMPTIONS
i
�WtAG97 11;80 Categorical exemptions. The
proposed actions contained in Part Nine are categorically
exempt from threshold determination and EIS requirements,
subject to the rules and limitations on categorical exemptions
contained in WAC 197 -11 -305.
(1) Minor new construction — Flexible thresholds.
(a) The exemptions in this subsection apply to all
licenses required to undertake the construction in question,
except when a rezone or any license governing emissions to
the air or discharges to water is required. To be exempt
under this subsection, the project must be equal to or smaller
than the exempt level. For a specific proposal, the exempt
level in (b) of this subsection shall control, unless the city/
county in which the project is located establishes an exempt
level under (c) of this subsection. If the proposal is located
in more than one city /county, the lower of the agencies'
adopted levels shall control, regardless of which agency is
j the lead agency.
(b) The following types of construction shall be exempt,
except when undertaken wholly or partly on lands covered
by water:
(i) The construction or location of any residential
structures of four dwelling units. ;
(ii) The construction of a barn, loafing shed, farm
equipment storage building, produce storage or packing
structure, or similar agricultural structure, covering 10,000
square feet, and to be used only by the property owner or his
or her agent in the conduct of farming the property. This
exemption shall not apply to feed lots.
(iii) The construction of an office, school, commercial,
recreational, service or storage building with 4,000 square
feet of gross floor area, and with associated parking facilities
designed for twenty automobiles.
(iv) The construction of a parking lot designed for
twenty automobiles.
(v) Any landfill or excavation of 100 cubic yards
throughout the total lifetime of the fill or excavation; and
any fill or excavation classified as a Class I, II, or Ill forest
practice under RCW 76.09.050 or regulations thereunder.
(c) Cities, towns or counties may raise the exempt levels
to-the maximum specified below by implementing ordinance
or resolution. Such levels shall be specified in the agency's
SEPA procedures (WAC 197 -11 -904) and sent to the
department of ecology. A newly established exempt level
shall be supported by local conditions, including zoning or
other land use plans or regulations. An agency may adopt
a system of several exempt levels (such as different levels
for different geographic areas). The maximum exempt t
for the exemptions in (1)(b) of this section shall be, res ..
lively:
(i) 20 dwelling units.
(ii) 30,000 square feet.
(iii) 12,000 square feet; 40 automobiles.
(iv) 40 automobiles.
(v) 500 cubic yards.
(2) Other minor new construction. The follow
types of construction shall be exempt except where unde
en wholly or in part on lands covered by water (unle
specifically exempted in this subsection); the exempti.
provided by this section shall apply to all licenses requir',
to undertake the construction in question, except where:'
rezone or any license governing emissions to the air or
discharges to water is required:
(a) The construction or designation of bus stops, loading
zones, shelters, access facilities and pull -out lanes for
taxicabs, transit and school vehicles.
(b) The construction and/or installation of commercial
on- premise signs, and public signs and signals.
(c) The construction or installation of minor road and
street improvements such as pavement marking, freeway
surveillance and control systems, railroad protective devices
(not including grade - separated crossings), grooving, glare
screen, safety barriers, energy attenuators, transportation
corridor landscaping (including the application of Washing-
ton state department of agriculture approved herbicides by
licensed personnel for right of way weed control as long as
this is not within watersheds controlled for the purpose of
drinking water quality in accordance with WAC 248 -54-
660), temporary traffic controls and detours, correction of
substandard curves and intersections within existing rights of
way, widening of a highway by less than a single lane width
where capacity is not significantly increased and no new
right of way is required, adding auxiliary lanes for localized
purposes, (weaving, climbing, speed change, etc.), where
capacity is not significantly increased and no new right of
way is required, channelization and elimination of sight
restrictions at intersections, street lighting, guard rails and
barricade installation, installation of catch basins and
culverts, and reconstruction of existing roadbed (existing
curb -to -curb in urban locations), including adding or widen-
ing of shoulders, addition of bicycle lanes, paths and
facilities, and pedestrian walks and paths, but not including
additional automobile lanes.
(d) Grading, excavating, filling, septic tank installations,
and landscaping necessary for any building or facility
exempted by subsections (1) and (2) of this section, as well
as fencing and the construction of small structures and minor
facilities accessory thereto.
(e) Additions or modifications to or replacement of any
building or facility exempted by subsections (1) and (2) of
this section when such addition, modification or replacement
will not change the character of the building or facility in a
way that would remove it from an exempt class.
(f) The demolition of any structure or facility, the
construction of which would be exempted by subsections (1)
and (2) of this section, except for structures or facilities with
recognized historical significance.
(g) The installation of impervious underground tanks,
having a capacity of 10,000 gallons or less.
[Title 197 WAC —page 34] (1995 Ed.)
,i
SEPA Rules
;.(h) The vacation of streets or roads.
The installation of hydrological measuring devices,
regardless of whether or not on lands covered by water.
(j) The installation of any property, boundary or survey
niacker, other than fences, regardless of whether or not on
lands covered by water.
,fq3) Repair, remodeling and maintenance activities.
The following activities shall be categorically exempt except:
The repair, remodeling, maintenance, or minor alteration of
existing private or public structures, facilities or equipment,
including utilities, involving no material expansions or
changes in use beyond that previously existing; except that,
where undertaken wholly or in`part on lands covered by
water, only minor repair or replacement of structures may be
exempt (examples include repair or replacement of piling,
ramps, floats, or mooring buoys, or minor repair, alteration,
or maintenance of docks). The following maintenance
activities shall not be considered exempt under this subsec-
tion:
(a) Dredging;
(b) Reconstruction /maintenance of groins and similar
shoreline protection structures; or
(c) Replacement of utility cables that must be buried
under the surface of the bedlands. Repair /rebuilding of
major dams, dikes, and reservoirs shall also not be consid-
ered exempt under this subsection.
(4) Water rights. The following appropriations of
water shall be exempt, the exemption covering not only the
permit to appropriate water, but also any hydraulics permit,
shoreline permit or building permit required for a normal
diversion or intake structure, well and pumphouse reasonably
necessary to accomplish the exempted appropriation, and
including any activities relating to construction of a distribu-
tion system solely for any exempted appropriation:
(a) Appropriations of fifty cubic feet per second or less
of surface water for irrigation purposes, when done without
a government subsidy.
(b) Appropriations of one cubic foot per second or less
of surface water, or of 2,250 gallons per minute or less of
ground water, for any purpose.
(5) Purchase or sale of real property. The following
real property transactions by an agency shall be exempt:
(a) The purchase or acquisition of any right to real
property.
(b) The sale, transfer or exchange of any publicly owned
real property, but only if the property is not .subject to an
authorized public use.
(c) The lease of real property when the use of the
property for the term of the lease will remain essentially the
same as the existing use, or when the use under the lease is
otherwise exempted by this chapter.
(6) Minor land use decisions. The following land use
decisions shall be exempt:
(a) Except upon lands covered by water, the approval of
short plats or short subdivisions pursuant to the procedures
required by RCW 58.17.060, but not including further short
subdivisions or short platting within a plat or subdivision
Previously exempted under this subsection.
(b) Granting of variances based on special circumstanc-
es, not including economic hardship, applicable to the
subject property, such as size, shape, topography, location or
(1995 Ed.)
197 -11 -800
surroundings and not resulting in any change in land use or
density.
(c) Classifications of land for current use taxation under
chapter 84.34 RCW, and classification and grading of forest
land under chapter 84.33 RCW.
(7) School closures. The adoption and implementation
of a plan, program, or decision for the closure of a school or
schools shall be exempt. Demolition, physical modification
or change of a facility from a school use shall not be exempt
under this subsection.
(8) Open burning. Opening burning and the issuance
of any license for open burning shall be exempt. The
adoption of plans, programs, objectives or regulations by any
agency incorporating general standards respecting open
burning shall not be exempt.
(9) Variances under Clean Air Act. The granting of
variances under RCW 70.94.181 extending applicable air
pollution control requirements for one year or less shall be
exempt.
(10) Water quality certifications. The granting or
denial of water quality certifications under the Federal Clean
Water Act (Federal Water Pollution Control Act amendments
of 1972, 33 U.S.C. 1341) shall be exempt.
(11) Activities of the state legislature. All actions of
the state legislature are exempted. This subsection does not
exempt the proposing of legislation by an agency (WAC
197 -11 -704).
(12) Judicial activity. The following shall be exempt:
(a) All adjudicatory actions of the judicial branch.
(b) Any quasi - judicial action of any agency if such
action consists of the review of a prior administrative or
legislative decision. Decisions resulting from contested cases
or other hearing processes conducted prior to the first
decision on a proposal or upon any application for a rezone,
conditional use permit or other similar permit not otherwise
exempted by this chapter, are not exempted by this subsec-
tion.
(13) Enforcement and inspections. The following
enforcement and inspection activities shall be exempt:
(a) All actions, including administrative orders and
penalties, undertaken to enforce a statute, regulation, ordi-
nance, resolution or prior decision. No license shall be
considered exempt by virtue of this subsection; nor shall the
adoption of any ordinance, regulation or resolution be
considered exempt by virtue of this subsection.
(b) All inspections conducted by an agency of either
private or public property for any purpose.
(c) All activities of fire departments and law enforce-
ment agencies except physical construction activity.
(d) Any action undertaken by an agency to abate a
nuisance or to abate, remove or otherwise cure any hazard
to public health or safety. The application of pesticides and
chemicals is not exempted by this subsection but may be
exempted elsewhere in these guidelines. No license or
adoption of any ordinance, regulation or resolution shall be
considered exempt by virtue of this subsection.
(e) Any suspension or revocation of a license for any
purpose.
(14) Business and other regulatory licenses. The
following business and other regulatory licenses are exempt:
(a) All licenses to undertake an occupation, trade or
profession.
[Title 197 WAC —page 351
RECEIVED
J U L 1 1 1996
Affidavit of Publication EDMONDS CITY CLERK
STATE OF WASHINGTON,
COUNTY OF SNOHOD61ISH,
ss
. - SUMMARY "00 - --
ORDINANCE NO. 3098 '
of the City of
Edmonds, Washington
the 2nd day
1996 96 JOIy,
the City Council of the
The undersigned, being first duly sworn on oath deposes and says
City o f Edmonds, passed Or-
dinance No. 3098. A summary
that she is Principal Clerk of THE HERALD, a daily newspaper
of the content of said ordi-
nance. Prroides as follows: the title,
printed and published in the City of Everett, County of Snohomish,
AN ORDINANCE OF THE
CITY OF EA VACATING POR-
tNGTON VACATING A POR-
and State of Washington; that said newspaper is a newspaper of
TION 00 THE EAST SIDE OF
80TH AVENUE W. NORTH OF
196TH STREET SW, RE-
general circulation in said County and State; that said newspaper
SERVING EASEMENT,A PEXCEPTING
has been approved as a legal newspaper by order of the Superior
DEDICATION. AND IXISAME
SHALL BECOME EFFECTIVE.
Court of Snohomish County and that the notice ......... ...............................
The full text of this Ordi-
nance will be mailed upon
re uest.
DATED this 3rd day of July,
Summary of Ordinance No. 3098
1996.
...............• ............... ....................................... .
SANDRA S. CHASE
City Clerk
Published: July 7, 1996.
-°-• ....................................................................... ................. ...... °- °----° .............
-----• ............................ ............•-------•------- °-° °----°-°-°--°--•----------°------......----°---°......°-
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:
July 7, 1996
............................. ........................................................................................................
d t said newspaper was re \ distributed ibuted to its subscribers
duri g all of said period. \l
..............................
Principal Clerk
Subscribed and sworn to before me this ........... 8�h........
day of.......... July ............ . ASnoho ............
... ..... .. . ..
Notary Public in ant of Washington,
residing at Everett, ounty.
O�g6 q
l �
Oh
i
PV80 2
� 5-19 -98 �d
j•
�OF WAS�
B -z -1