Ordinance 32000006.190A.059
WSS /nkr
03/26/98
R:04 /01 /98gjz
ORDINANCE NO. 3200
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, VACATING A PORTION OF THE PLATTED
BUT UNBUILT RIGHT -OF -WAY OF THE WESTERLY 20
FEET OF 72ND AVENUE WEST FROM THE SOUTH
BOUNDARY OF THE SITIO PLAT TO MEADOWDALE
BEACH ROAD FOR A DISTANCE OF APPROXIMATELY
SEVEN HUNDRED FIVE (705) FEET, 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 No. 904 the vacation of that
portion of the platted but unbuilt right -of -way of 72nd Avenue West from the south boundary
of the Sitio plat to Meadowdale Beach Road for a distance of approximately seven hundred five
(705) feet, and setting a public hearing date of March 17, 1998, and
WHEREAS, following public hearing, the City Council has determined it to be
in the public interest to vacate the westerly 20 feet of said right -of -way, reserving the easterly
20 feet for a pedestrian walkway, and
WHEREAS, the City Council finds that a public benefit will be derived from the
vacation of a portion of this easement in order to return it to the tax rolls, to relieve the City and
its citizens of the obligation to maintain an easement which has no reasonable likelihood of
development as a street and to better utilize the easement for drainage easements and future
192313 -1-
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
to require 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 platted but unbuilt right -of-
way of the westerly 20 feet of 72nd Avenue West from the south boundary of the Sitio plat to
Meadowdale Beach Road for a distance of approximately seven hundred five (705) feet in an
area of the City of Edmonds, Washington, and legally described on the attached Exhibit A,
incorporated 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, no compensation shall be required for the vacation of the right -of -way. Title to
the easterly 20 feet is maintained for potential future development as a pedestrian walkway.
Section 2. Utility easements, surface and sub - surface across the vacated westerly
20 feet 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
192313
-2-
five (5) days after passage and publication of an approved summary thereof consisting of the
title.
APPROVED:
MAYOR, BARBARX S. FAH-E
ATTEST /AUTHENTICATED :
CITY CLERK, SANDRA S. CHASE
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
I:
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. 3200
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• EXHIBIT A
All of the West 20 feet of 72 "d Avenue West lying between the Northerly right -of -way
margin of Meadowdale Beach Road and the prolongation of the Southerly margin of the
Sitio Plat as recorded in Vol. 5 of Plats, page 38, of the Plat of Meadowdale Beach,
County of Snohomish, Wa.
•
¢ 4.9
SUMMARY OF ORDINANCE NO. 3200
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. 3200 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 THE WESTERLY 20
FEET OF 72ND AVENUE WEST FROM THE SOUTH BOUNDARY OF THE SITIO PLAT
TO MEADOWDALE BEACH ROAD FOR A DISTANCE OF APPROXIMATELY SEVEN
HUNDRED FIVE (705) FEET, 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 8th day of April , 199 8
CLERK, SANDRA S. CHASE
STATE OF WASHINGTON,
COUNTY OF SNOHOMISH,
i ORDINANCE NO. 3200
1 of the City of
l Edmonds, Washington
I On the 7th day of April,
11998, the City Council of the
City of Edmonds, ppassed
IiOrdinance No. 3200. A sum -
ry of the content of said
kordinance, consistino of the
the full text of this Ordi-
nance will be mailed upon
re AeTSE
DATED this 81h day of April,
1998.
SANDRA S. CHASE
City Clerk
EXHIBIT A
All of the West 20 feet of
72nd Avenue West olying
between the Northerly right-
of-way margin of Meadowdale
1 Beach Rgoad and the
'prolongation of the Southerly
.margin of the Sitio Plat as
recorded in Vol. 5 of Plats
,recorded
38, of the Plat of
MMea dowdale Beach. County of .
Snohomish, Wa.
:Published: April 23. 1998.
I
B -2 -1
I -
Affidavit of Publication
RECEIVED
APR 2 9 1998
EDMONDS CITY CLERK
The undersigned, being first duly sworn on oath deposes and says
that she is Principal Clerk of THE HERALD, a daily newspaper
printed and published in the City of-Everett, County of Snohomish,
and State of Washington; that said newspaper is a newspaper of
general circulation in said County and State; that said newspaper
has been approved as a legal newspaper by order of the Superior
Court of Snohomish County and that the notice ......... ...............................
Summary of Ordinance No. 3200
............................................... ............................... ......................... ...... .............. ......
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:
April 23, 1998
. ...................................................................................................... ...............................
..................................
to its subscribers
............ .. ........
Principal Clerk
Subscribed and sworn to before me this........ 3rd
day.. .. .. ....... ... rl.......................... -- -- ...... 19.98...
.............................. ......
Notary Public in an the State o ashi gton,
residing at Everett, Snohomish Cou ty.
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