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Ordinance 31990006.190.059A WSS /gjz 03/26/98 R:04 /01 /98gjz ORDINANCE NO. 3199 AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, VACATING PORTIONS OF THE PLATTED BUT UNBUILT RIGHT -OF -WAY OF 72ND AVENUE WEST, FROM 320 FEET NORTH OF 156TH STREET SOUTHWEST TO CITY OF EDMONDS CORPORATE LIMITS, AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. WHEREAS, the City Council received the application of the City of Edmonds to vacate portions of the platted but unbuilt right -of -way of 72nd Avenue West from 320 feet north of 156th Street Southwest to the Edmonds corporate limits, located in the City of Edmonds, Washington, and WHEREAS, following passage of Resolution 903, notifying the public of the intent to vacate and following a public hearing held March 17, 1998, the City Council determines it to be in the public interest to vacate the property, and WHEREAS, the City Council finds that a public benefit is derived from the vacation of the property by returning the property to the tax roll and relieving the City of the obligation to maintain a right -of -way easement which has no reasonable likelihood of development as a public street thereby creating a public interest which outweighs the necessity to require compensation from abutting property owners to the City, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: 192361 ��A -1- Section 1. The City Council hereby finds that certain platted but unbuilt right -of- way known as 72nd Avenue West from 320 feet North of 156th Street Southwest to the Edmonds corporate limits, in Edmonds, Washington, legally described on the attached Exhibit A, incorporated herein by this reference as if set forth in full, is surplus to the needs of the City as 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 March 17, 1998. Due to the public benefit to be derived, the abutting property owners are not required to compensate the City for vacation of the right -of -way. Section 2. The City Clerk is hereby directed to file a copy of this ordinance in the land records of Snohomish County. Section 3. 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. FAHEY ATTEST /AUTHENTICATED : "e, J. ?,,&. - ITY CLERK, SANDRA S. CHASE 192361 -2- APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: BY FILED WITH THE CITY CLERK: 04/03/98 PASSED BY THE CITY COUNCIL: 04/07/98 PUBLISHED: 04/23/98 EFFECTIVE DATE: 04/28/98 ORDINANCE NO. 3199 192361 -3- 0 EXHIBIT A All that portion of 72"d Avenue West, North of the prolongation of the Southery margin of Lot 7 Lund's Meadowdale Tracts within the City of Edmonds, as recorded in Vol. 6 of Plats, page 26, County of Snohomish, Wa. • • 3 45 SUMMARY OF ORDINANCE NO. 3199 of the City of Edmonds, Washington On the 7th day of April , 199 8 , the City Council of the City of Edmonds, passed Ordinance No. 3199 A summary of the content of said ordinance, consisting of the title, provides as follows: AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, VACATING PORTIONS OF THE PLATTED BUT UNBUILT RIGHT -OF -WAY OF 72ND AVENUE WEST, FROM 320 FEET NORTH OF 156TH STREET SOUTHWEST TO CITY OF EDMONDS CORPORATE LIMITS, AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. The full text of this Ordinance will be mailed upon request. DATED this 8th day of Apri 1 , 199 8 �4Ae� CITY CLERK, SANDRA S. CHASE April 23, 1998 .................. . ............................ ...................................................................................... ......... ................. ........................................................ ............................... �nd: thJ said newspaper was reg t distributed to its subscribers dui ng`all of said period. / ...... ... c ..a� ...................t­, ..p . Prri ...............-.ncipal Clerr k Subscribed and sworn to before me this ...........23rd reslaing at r vereu, bnononusn 8 -2 -1 RECEIVED APR Z 9 1998 Affidavit of Pu6lication EDMONDS CITY CLERK STATE OF WASHINGTON, COUNTY OF SNOHOBIIISH, rs SUMMARY OF ORDINANCE NO. 3199 of the City of Edmonds, Washington On the 71h day or April, The undersigned, being first duly sworn on oath deposes and says . 1998, the City Councll of the +City of Edmonds, passed Ordinance No. 3199. A sum- that she is Principal Clerk of THE HERALD, a daily newspaper mary of the content o f said t ordinance, s °l Ils the rod aas� lo printed and in the City of Everett, County of Snohomish, AN ORDINANCE OF THE AN NIGTON VACATING WPOR- and State of Washington; that said newspaper is a newspaper of �TIONS OF THE PLATTED WAY OF U7 ND RIAVENUE general circulation in said County and State; that said newspaper WEST, FROM 320 FEET NORTH OF 156TH STREET has been approved as a legal newspaper by order of the Superior T SOUTHWEST TO CITY OF LIMITS, AND FIXING PA TAME Court of Snohomish County and that the notice ........................................ ;WHEN THE SAME SHALL BECOME EFFECTIVE. The full text of this Ordi. �e uestwtll be mailed upon Summary Of Ordinance NO. 3199 ATED this 8th day of April, . ................. 1998. SANDRA S. CHASE City Clerk EXHIBIT A All that portion of 72nd Avenue West, North of the prolongation of the Southery margin of Lot 7 Lund's Meadowdale Tracts within the Cityof Edmonds, as recorded .................. ...........................°---°-----------..... ........... ..................... -,. ,•------- ------- --- •,- ......... Countly of Sn homishP 4Va. 26' a c0 rinted p pY of which is hereunto attached, was published in said Published: April 23. 1998. - newspaper proper and not in supplement form, in the regular and -entire edition of said paper on the following days and times, namely: April 23, 1998 .................. . ............................ ...................................................................................... ......... ................. ........................................................ ............................... �nd: thJ said newspaper was reg t distributed to its subscribers dui ng`all of said period. / ...... ... c ..a� ...................t­, ..p . Prri ...............-.ncipal Clerr k Subscribed and sworn to before me this ...........23rd reslaing at r vereu, bnononusn 8 -2 -1