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Ordinance 31880006.190A.059 WSS /gjz 01/28/98 ORDINANCE NO. i1 RR AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, VACATING A PORTION OF THE PLATTED BUT UNBUILT RIGHT -OF -WAY OF 237TH PLACE SW, WEST OF 107TH PLACE SW LOCATED IN THE CITY OF EDMONDS, RESERVING UTILITY EASEMENTS, SURFACE AND SUB - SURFACE, AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. WHEREAS, the City Council initiated by resolution the vacation of that portion of the platted but unbuilt right -of -way of 237th Place SW, West of 107th Place SW, also known as Woodway Meadows, and setting a public hearing date of January 20, 1998, and WHEREAS, following public hearing, the City Council has determined it to be in the public interest to vacate the property, and WHEREAS, the City Council finds that public benefit will be derived from the vacation of the property in order to better utilize the easement for drainage easements and future utility use and that utility easements, surface and sub - surface, should be reserved for that purpose, and WHEREAS, the City Council finds that such public purposes outweigh the need for requiring compensation to be paid therefore, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. The City Council hereby finds that certain right -of -way of a portion of 237th Place SW, west of 107th Place SW in an area of the City of Edmonds, Washington, 185920 -1- known as Woodway Meadows and legally described on the attached Exhibit A, incorporated by this reference as if set forth in full, a surplus of the needs of the City a street right -of -way and shall be vacated. This finding of vacation is based upon facts presented at the public hearing before the Edmonds City Council on January 20, 1998. Due to the public benefit to be derived, no compensation shall be required for the vacation of the right -of -way. Section 2. Utility easements, surface and sub - surface are hereby reserved to the City and its lawful franchisees, to be granted and reserved in accordance with law and ordinance. Section 3. The City Clerk is hereby directed to file a copy of this ordinance in the land records of Snohomish County. 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: MAYOR, BARBARA S. fi�dtY ATTEST /AUTHENTICATED : ITY CLERK, SANDRA S. CHASE 185920 -2- APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: BY FILED WITH THE CITY CL RK: 01/30/98 PASSED BY THE CITY COUNCIL: 02/03/98 PUBLISHED: 02/10/98 EFFECTIVE DATE: 02/15/98 ORDINANCE NO. 3188 185920 -3- EXHIBIT A All that portion of 237th St SW lying 30 feet West of the centerline of 107th PL W of Woodway Meadows within the City of Edmonds as recorded in Vol 40 of Plats pages 70 and 71, Records of Snohomish County, Washington. I VICINITI( MAP ru -J va I PROPOSED STREET VACATION 0 ?r 7� �nrat dAROEN OF PRAYEF M -R DATE: EXHIBIT EXHIBITS 1 EXHIBIT 5 — PAGE 23 SUMMARY OF ORDINANCE NO. 3188 of the City of Edmonds, Washington On the 3rd day of February , 199 8 , the City Council of the City of Edmonds, passed Ordinance No. 3188 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 PLATTED BUT UNBUILT RIGHT -OF -WAY OF 237TH PLACE SW, WEST OF 107TH PLACE SW LOCATED IN THE CITY OF EDMONDS, RESERVING UTILITY EASEMENTS, SURFACE AND SUB - SURFACE, AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. The full text of this Ordinance will be mailed upon request. DATED this 5th day of February , 199 8 CITY CLERK, SANDRA S. CHASE RECEDED FEB 17 1998 Affidavit of Publication EDMONDS CITY CLERK STATE OF WASHINGTON, COUNTY OF SNOHOPaISH, ss SUMMARY OF The undersigned, being first duly sworn on oath deposes and says ORDINANCE NO. 3188 Edmonds, Washington that she is Principal Clerk of THE HERALD, a daily newspaper On the 3rd day of February, 1998, the City Council of the City of Edmonds, Passed Ordinance No. A printed and published in the City of Everett, County of Snohomish, 3188. summary of the content of said ordinance, consisting of the and State of Washington; that said newspaper is a newspaper of t,tA,prORDINANCEo& THE general circulation in said County and State; that said newspaper CITY OF EDMONDS, WASH - INGTON VACATING A POR- TION O� THE PLATTED BUT has been approved as a legal newspaper by order of the Superior UNBUILT RIGHT -OF -WAY entire edition of said paper on the following days and times, namely: WEST OF 107TH PLACE SW� LOCATED Court of Snohomish County and that the notice ....... ............................... Summary of Ordnance No. 3188 ............................................................................ ............................... ....... ... ........ !Ordinance will be mailed upon bequest. DATEDthis 5th day of Februaryy 1998. ....................................................................................................... ............................... SANbRA S. CHASE City Clerk EXHIBIT A 1 All that portion of 237th St .................................................................................. ............................... SW lying 30 feet West of the centerline of 107th PI W of a printed copy of which is hereunto attached, was published in said Woodway Meadows within the City� of Edmonds as recorded in vol 40 of Plats pages 70 71, Records Snohomish newspaper proper and not in supplement form, in the regular and and of County. Washington. fPublis obbs, ed: February 10, 1998. entire edition of said paper on the following days and times, namely: B -2 -1 F ruary 10, 1998 ... n ...... ......................... . . . . .. said newsp2 all of said Pe ........ ............ ................ to its subscribers ................................... Principal Clerk 10th Subscribed and sworn to before me this ............................ d f ........ February ....... ........... 19..98.. .. ............................... ...................... Notary Public in and for the tate of ashington, residing .. at Everett, Snoho h NQTi1p`,•�n AUH LAG Z 7A 5 -19 -98 A� \F WA�