Ordinance 32380006.90000
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10/01/96
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ORDINANCE NO. 3238
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, VACATING A CONSTRUCTION
EASEMENT FOR STREAM CHANNEL RESTORATION ON
EITHER SIDE OF THE CENTER LINE OF SHELL CREEK AS
HEREIN DESCRIBED, RETAINING A MAINTENANCE
EASEMENT AND FIXING A TIME WHEN THE SAME
SHALL BECOME EFFECTIVE.
WHEREAS, on March 23, 1989, William V. Phillips and Joanne F. Phillips,
husband and wife, granted to the City of Edmonds a construction and maintenance easement for
the purpose of stream channel restoration in Shell Creek, and
WHEREAS, the easement was dedicated to the City without monetary
compensation beyond the benefits to be derived from restoration of the Creek, and
WHEREAS, the City Council finds that the construction portion of the easement
is now surplus to its needs and wishes to vacate it, and
WHEREAS, the City has received the recommendation of its hearing examiner in
accordance with the requirements of its ordinances that such easement be vacated without
compensation, NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO
ORDAIN AS FOLLOWS:
Section 1. A thirty (30) foot wide construction easement dated March 23, 1989
and recorded at Volume 2318, page 1393 in the records of Snohomish County as document
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number 9003150308 is hereby vacated. Provided, however, that the City, grantee, reserves a ten
(10) foot maintenance easement granted by said document, said overall easement being thereby
reduced to a maintenance easement five (5) feet on either side of the center line of Shell Creek.
The grantors of the easement and their successors in interest shall not be required to pay
compensation given their donation of the original easement to the City without monetary
consideration.
Section 2. The City Clerk is hereby authorized to record a certified copy of this
ordinance in the records of Snohomish County.
Section 3. Severability. If any section, sentence, clause or phrase of this
ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction,
such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other
section, sentence, clause or phrase of this ordinance.
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:
ait
MAYOR, BARBARA S. "FAHEY/------
ATTEST /AUTHENTICATED :
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CITY CLERK, SANDRA S. CHASE
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APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
BY &c!-344
FILED WITH THE CITY CLERK: 01/15/99
PASSED BY THE CITY COUNCIL: 01/19/99
PUBLISHED: 01/25/99
EFFECTIVE DATE: 02/04/99
ORDINANCE NO. 3238
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SUMMARY OF ORDINANCE NO. 3238
of the City of Edmonds, Washington
On the 19th day of January, 1999, the City Council of the City of Edmonds, passed
Ordinance No. 3238. 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
CONSTRUCTION EASEMENT FOR STREAM CHANNEL RESTORATION ON EITHER
SIDE OF THE CENTER LINE OF SHELL CREEK AS HEREIN DESCRIBED, RETAINING
A MAINTENANCE EASEMENT AND FIXING A TIME WHEN THE SAME SHALL
BECOME EFFECTIVE.
The full text of this Ordinance will be mailed upon request.
DATED this 20th day of January, 1999.
CITY CLERK, SANDRA S. CHASE
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BELL STREET � I EXHIBIT 2
Affidavit of Publication
STATE OF WASHINGTON, is
COUNTY OF SNOHOBaISH,
--
The undersigned, being first duly sworn on oath deposes and says
SUMMARY OF
ORDINANCE No. 323a
that she is Principal Clerk of THE HERALD, a daily newspaper
of the City of
Edmonds, Was hington
On the 19th day of January,
printed and published in the City of-Everett, County of Snohomish,
1999, the City Council of the City
of Edmonds, passed Ordinencel
No. 3239. A summary of thel
and State of Washington; that said newspaper is a newspaper of
content of said ordinance,
general circulation in said County and State; that said newspaper
consisting of the title, provides
as follows:
AN ORDINANCE OF THE
has been approved as a legal newspaper by order of the Superior
CITY OF EDMONDS, WASH-
INGTON, VACATING A CON -
Court of Snohomish County and that the notice ......... ...............................
STRUCTION EASEMENT FOR
STREAM CHANNEL RESTO-
RATION ON EITHER SIDE OF
THE CENTER LINE OF SHELL
Summary of Ordinance No. 3238
CREEKAS HEREIN DE-
............................................................................ ............................... ....................
SCRIBED, RETAINING A MAIN-
TENANCE EASEMENT AND
FIXING A TIME WHEN THE
SAMESHALL BECOME
.................................. .................................................................... — ....................
EFFECTIVE.
The full te)d of this Ordinance
will be mailed upon request.
this 201h day of
... °---...
.............................................. -- ...... -............ .... ................... .....---.......--- °----........
rryye�
JaSANDRA S. CHASE
a printed copy of which is hereunto attached, was published in said
City Clerk
Published: January 25, 1999.
newspaper proper and not in supplement form, in the regular and
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entire edition of said paper on the following days and times, namely:
ri.............. .................................................................... .........:..................... ...............................
and t newspawas re tributed its subscribers
dur' 11 of said period
Principal Clerk
Subscribed and sworn to before me this .......... Z t.h....
da January ........ .............f................, 199......
........ .. .........
........... ............................... .......... .. .. .. ...... ..... . .. ...........................
Notary Public in and for the tate f Washington,
residing at Everett, Snoho ' h Cou ty.
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