Ordinance 32070006.190A.059
WSS /nkr
03/26/98
R:04 /01 /98gjz
ORDINANCE NO. 3207
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, VACATING A PORTION OF THE PLATTED
BUT UNBUILT RIGHT-OF-WAY OF 164TH STREET
SOUTHWEST, WEST OF 75TH PLACE WEST, 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. 914 the vacation of that
portion of the platted but unbuilt right -of -way of 164th Street Southwest, west of 75th Place
West, 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 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:
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Section 1. The City Council hereby finds that certain platted but unbuilt right -of-
way of a portion of 164th Street Southwest, West of 75th Place West, 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 of 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 easement
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 /
ATTEST /AUTHENTICATED:
I _14� eX4'e_4_'
CITY CLERK, SANDRA S. CHASE
192321 -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. 3207
192321 -3-
• EXHIBIT A
All that portion of 164th Street Southwest lying between the Westerly right -of -way
margin of 75th Place West and the Easterly margin of the Great Northern Railroad as
recorded in Vol 5 of Plats, Page 38, Plat of Meadowdale Beach, County of Snohomish,
Wa.
•
•
"77
SUMMARY OF ORDINANCE NO. 3207
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. 3207 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 164TH STREET
SOUTHWEST, WEST OF 75TH PLACE WEST, 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
CITY CLERK, SANDRA S. CHASE
STATE OF WASHINGTON,
COUNTY OF SNOHOYZISH,
' On'1he 7th "day...O -'A* prii,
1998, the City Council of the.
:City of Edmonds gassed
Ordinance No. 320/. A sum-
mary of the content of said
'ordinance, consisting of the
;title, provides as follows:
SAN ORDINANCE OF THE
CITY OF EDMONDS, WASH-
INGTON, VACATING A POR-
,TION OF THE PLATTED BUT
,,UNBUILT RIGHT -OF -WAY OF
;164TH STREET SOUTH-
WEST, WEST OF 75TH
,PLACE WEST, LOCATED IN
,THE CITY OF EDMONDS,
RESERVING UTILITY EASE -
�SURFACE. AND FIXINGU SUB-
SURFACE.
WHEN THE SAME
;SHALL BECOME EFFECTIVE.
The lull text of this Ordi-
rnence will be mailed upon
'reGUeat.
' DATED this 8th day of April,
'1998.
SANDRA S. CHASE
EppXHIBIT A
Street at Southwest of I6Yya^ggh
between the Wester) right-o -
way margin of 75th Place
West and the Easter)y margin
of the Great Northern
� Railroad as recorded in Vol 5
if Plats, Page 38, Plat of
eadowdale Beach, County of
'Snohomish, Wa.
! Published: April 23, 1998.
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. 3207
............................................................................. ............................... .....................
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
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....................................................................................................... .
............. .............. ... ..............
6ted to its subscribers
.... ...............................
Principal Clerk
23rd
Subscribed and sworn to before me this......
residing at Everett,