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Ordinance 31150006.190.032 WSS /rin /gjz 09/18/96 ORDINANCE NO. 3115 AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING THE CITY'S OFFICIAL STREET MAP TO DELETE PLAN LINED RIGHT -OF -WAY FOR 88TH AVENUE WEST SHOWN AS APPROXIMATELY 60 FEET IN WIDTH ON THE EXISTING OFFICIAL STREET MAP BETWEEN 218TH STREET S.W. AND 220TH STREET S.W. AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. WHEREAS, Richard and Nancy Hale have applied to the City pursuant to File No. ST -96 -72 to amend the City's official street map to delete plan lined right -of -way for 88th Avenue W. between 218th Street S.W. and 220th Street S.W.; and WHEREAS, the City's official street map is incorporated as an element of the Edmonds Comprehensive Policy Plan pursuant to ECDC 15.10.100; and WHEREAS, the City Council held a hearing on August 20, 1996, and based upon the evidence produced before the Council as well as the hearing, and recommendation of its Hearing Examiner, enters the following Findings and Conclusions; and WHEREAS, the City Council finds that the public's health, safety and welfare do not indicate a need for a street for vehicular traffic along the plan line currently shown for 88th Avenue W. between 218th Street S.W. and 220th Street S.W., but finds a public necessity and need exists to maintain plan lines for pedestrian and bicycle pathways along the previous plan lined right -of -way and to retain a plan line access for public and private utilities as well as to maintain any existing utility easements, if any, through the area; NOW, THEREFORE, 143041 -1- THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. The Edmonds Comprehensive Plan, official street map element, is hereby amended to delete a plan lined right -of -way for vehicular traffic on 88th Avenue W. between 218th Street S.W. and 220th Street S.W. while maintaining plan lines and any existing easements, if any, for public and private utilities, and for pedestrian and vehicular pathways on the pedestrian and bicycle elements of the plan. Section 2. The Community Services Director or his designees are hereby authorized to make appropriate amendments to the official street map to delete the aforementioned plan lined right -of -way of 88th Avenue W. from the map, and to assure appropriate designation of plan lines for pedestrian and bicycle traffic on the appropriate Comprehensive Plan element and utility access along the deleted plan line for 88th Avenue W. 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 a power specifi- cally delegated to the City legislative body, is not subject to referendum, and shall take effect five (5) days after passage and publication of an approved summary thereof consisting of the title. APPROVED: a� MAYOR, BARBARA S. FAHEY 143041 -2- ATTEST /AUTHENTICATED: ITY CLERK, SANDRA S. CHASE APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: BY FILED WITH THE CITY CLERK: 09/20/96 PASSED BY THE CITY COUNCIL: 09/24/96 PUBLISHED: 09/29/96 EFFECTIVE DATE: 10/04/96 ORDINANCE NO. 3115 143041 -3- SUMMARY OF ORDINANCE NO. 3115 of the City of Edmonds, Washington On the 24th day of Se,ptemher , 199L_, the City Council of the City of Edmonds, passed Ordinance No. 3115 A summary of the content of said ordinance, consisting of the title, provides as follows: AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING THE CITY'S OFFICIAL STREET MAP TO DELETE PLAN LINE RIGHT -OF -WAY FOR 88TH AVENUE W. SHOWN ON THE EXISTING OFFICIAL STREET MAP BETWEEN 218TH STREET S.W. AND 220TH STREET S.W. AS APPROXIMATELY 60 FEET IN WIDTH AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. The full text of this Ordinance will be mailed upon request. DATED this 25th day of September , 199 6 CITY CLERK, SANDRA S. CHASE STATE OF WASHINGTON, l COUNTY OF SNOHO1VdISH, RECEIVED 0 C T - 2 1996 Affidavit of Publication EDMONDSMYMAK The undersigned, being first duly sworn on oath 'deposes and says ORDSUMMARYOF . 5 that she is Principal Clerk of THE HERALD, a daily newspaper Edmonds, Washing�ion printed and On the 24th day of Septem- P published in the City of Everett, County of Snohomish, ber, 1996, the city Council of the -City o f Edmonds, passed and State of Washington; that said newspaper is a newspaper of Ordinance No. 3115: A sum- mary of. the content of said ordinance, consisting of the general circulation in said County and State; that said newspaper title, provides as follows: AN ORDINANCE OF - THE has been approved as a legal newspaper by order of the Superior CITY OF EDMONDS, WASH- ' INGTON, AMENDING THE 'CITY'S 'OFFICIAL STREET Court of Snohomish County and that the notice ......... ............................... MAD 11 nc� crc n, ww, , ,...• AVENUE W.' SHCIAL - EXISTING Summary f Ordinance No. 3115 y OFFICIAL STREET STREET MAPBETWEEN 216TH STREET S.W. AND 220TH- ...................................................................................................................................... STREET S.W. AS APPROXI- MATELY 60 FEET IN WIDTH AND FIXING.A TIME WHEN THE SAME SHALL BECOME ............................. .----- EFFECTIVE. ----- ------ - - -- . ---------------- The lull text of this Ordi- nance will be mailed upon request. _., DATEDthis' 25th day of September, 1996, ......... --•---....................................................................... -.......... -......................... ---------- . SANDRA S. CHASE City clerk a copy published in said printed co of which is hereunto attached was Published: : September 29, 1996. newspaper proper and not in supplement form, in the regular and entire edition of said paper on the following days and times, namely: September 29, 1996 ....I — — .......... .......... .. .... .. .. .. ................... . . . .. .. ... - - -- -- ..... .................. ..................... . . . . .. .......................................................................................................... and that said newspaper was regularly distributed to its subscribers during all of said period. ............ --- ------- ----------- ----- --- Principal Clerk 30th Subscribed and sworn to before me this ...................... September ' 96 Prestiidirtg�a'tl of- .... . . . .. ... .... -- - - -- ----- -................, 19 ......... ........ .......... ........ .......... .... -----------• ------- Nary ublic in and fort a ate of Washington, Everett, Snoh sh ounty. NpYAgf- '"U B L1G 2 5 -19 -98 \'r WASN��� B -2 -1