Ordinance 32020006.190A.059
WSS /nkr
03/26/98
R:04 /01 /98gjz
ORDINANCE NO. 3202
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, VACATING A PORTION OF THE PLATTED
BUT UNBUILT RIGHT -OF -WAY OF 74TH PLACE WEST,
SOUTH OF 162ND STREET SOUTHWEST, 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. 907 the vacation of that
portion of the platted but unbuilt right -of -way of 74th Place West, South of 162nd Street S.W.,
and setting a public hearing date of March 17, 1998, and
WHEREAS, following the public hearing, the City Council has determined it to
be in the public interest to vacate said right -of -way, 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 of
the obligation to maintain right -of -way which has no reasonable likelihood of being developed
as a street and 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:
192320 -1-
Section 1. The City Council hereby finds that certain platted but unbuilt right -of-
way of a portion of 74th Place West, South of 162nd Street Southwest, in 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.
Section 2. Utility easements, surface and sub - surface across the vacated right -of-
way 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:
, N � E R W., Mom N,
MAYOR,
192320 -2-
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. 3202
192320 -3-
0 EXHIBIT A
All that portion of 74th Place West lying between the Southerly right -of -way margin of
162"d Street Southwest, and the prolongation of the Northerly margin of Lot 66 , Plat of
Meadowdale Beach as recorded in Vol.5 of Plats, page 38, County of Snohomish, Wa.
•
57
SUMMARY OF ORDINANCE NO. 3202
of the City of Edmonds, Washington
On the 7th day of Apri 1 , 199 8 , the City Council of the City of Edmonds,
passed Ordinance No. 3202 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 74TH PLACE WEST,
SOUTH OF 162ND STREET SOUTHWEST, 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 Apri 1 , 199 8
'Md�� ,do.
CITY CLERK, SANDRA S. CHASE
STATE OF WASHINGTON,
COUNTY OF SNOHOIKISH,
SUMMARY OF
ORDINANCE NO. 3202
of the City of
Edmonds, Washinggton
On the 7th day of April,,,
1998, the City Council of the;
City of Edmonds, gassed
+Ordinance No. 3202. A sum-
mary of the content of said
ordinance, consisting of the',
title, provides as follows:
AN OADINANCE OF THE
SHALL BECOME EFFECTIVE.
j The full text of this Ordl -,
•'lance will be mailed upon.
request.
DATED this 8th day of April,
1998.
I SANDRA S. CHASE
City Clerk
EXHIBIT A
All that portion of 74th Place'
West lying between the;
Southerly nght -of -way margin•
of 162nd Street Southwest„
and the prolongation of the,
Northerlyy margin of Lot 66.,
Plat of Meadowdale Beach asp
;recorded in Vol. 5 of Plats
,page 38, County ot,
Snohomish, Wa.
'Published: April 23, 1998.
B -2 -1
ss.
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 .e No .. . 3...... . 202
............................... ....................
....................................................................................................... ...............................
........................................................................................................ ...............................
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
....................................................................................................... ........... ....................
....................................................................................................... ......................... . .....
and that said newspaper was regularly distributed to its subscribers
during all of said period.
.......... GC1! i1C-. ...... .... ............. . . ..
Principal Clerk
Subscribed and sworn to before me this .......23rd
f--- - - - - -- - -- ---- April---- ....... - - - - - -. 19..98..
...... .... ................ ...... ........ ....... - -- ......... ..............
Notary Public in and for the tate o Washington,
residing at Everett, Snoho n
�OTAF1
tf: At3B� -�G
;A
9� 5-3 9-96