Ordinance 35430006.90000
WSS /gjz
3/15/05
ORDINANCE NO. 3543
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, TO VACATE A PORTION OF THE
UNOPENED AND UNDEVELOPED RIGHT -OF -WAY OF
SIERRA PLACE, PROVIDING DIRECTION TO THE CITY
CLERK, AND FIXING A TIME WHEN THE SAME SHALL
BECOME EFFECTIVE.
WHEREAS, the City Council, following public a hearing passed Resolution No.
1066 declaring its intent to vacate certain property upon the fulfillment of specified conditions;
and
WHEREAS, the City Council has received the report of the City Clerk that said
that the payment of $3,750 has been fulfilled and execution of a notice of restriction in the form
required, NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO
ORDAIN AS FOLLOWS:
Section 1. A portion of the unopened and undeveloped street right -of -way of
Sierra Place directly adjacent to and immediately south of property addressed as 1142 Sierra
Place, Edmonds, Washington is hereby vacated. Said street right -of -way is generally shown on
the attached Exhibit A and legally described on Exhibit B, incorporated by this reference as fully
as if herein set forth.
{WSS593107.DOC;1 /00006.900000/} - I -
Section 2. The City Clerk is hereby requested and directed to record the notice of
restriction and a copy of this ordinance in the records of Snohomish County, Washington.
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:
MAY bAOY HAAKENSON
ATTEST /AUTHENTICATED :
CITY CLERK, SANDRA S. CHASE
APPROVED AS TO FORM:
OFFICE OF THE C Y ATTORNEY:
BY ) 5�
W. SCOTT SNYDER
FILED WITH THE CITY CLERK: 03/18/2005
PASSED BY THE CITY COUNCIL: 03/22/2005
PUBLISHED: 03/31/2005
EFFECTIVE DATE: 04/05/2005
ORDINANCE NO. 3543
{WSS593107.DOC;1/00006.900000/} - 2 -
SUMMARY OF ORDINANCE NO. 3543
of the City of Edmonds, Washington
On the 22nd day of March, 2005, the City Council of the City of Edmonds, passed
Ordinance No. 3543. A summary of the content of said ordinance, consisting of the title,
provides as follows:
AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, TO VACATE A
PORTION OF THE UNOPENED AND UNDEVELOPED RIGHT -OF -WAY OF SIERRA
PLACE, PROVIDING DIRECTION TO THE CITY CLERK, AND FIXING A TIME WHEN
THE SAME SHALL BECOME EFFECTIVE.
The full text of this Ordinance will be mailed upon request.
DATED this 23rd day of March, 2005
CITY CLERK, SANDRA S. CHASE
{WSS593107.D0C;1 /00006.900000/} - 3 -
3i
W
O
W
O
Z
Q
ry
Z
(V
_d
N
Z
O
I—
N
Z
O
H
U
W
V)
.00roZL
,00•sz
90ZOOZ90LL u ;o fuawasoa ,9Z
M
F
0
J
m
0
w
0
w
z
0 n
�
a
��
W
W
W N a
(r
� >-
<
o
C) Q ;
w
r
z� CO
O
0
m
0
Ld
� )
co
a
>
(n
r
N Oz
o
O
n
F
F
N
N
u
O
0
n d
N n
3
u D
O J
T
a°
J
a o
m
Q
3
z
O
z ri
z
4
O
N
J
Z
0
a
F '
S
$
O
.00'Sz
eamr
C
o '
O
0
n
90ZOOZ90LL u ;o fuawasoa ,9Z
M
F
0
J
r
O
J
Hi8ON. 3nN3Ad Hit l
O
J
EXHIBIT A
w
�
a
W
W
(r
a
w
V
O
Q
m
Ld
J
W
f0
>
(n
N Oz
2
F
F
a
0
T
a°
J
Q
3
z
O
4
O
N
J
Z
F '
S
O
C
n
r
O
J
Hi8ON. 3nN3Ad Hit l
O
J
EXHIBIT A
ti
SANITARY SEWER EASEMENT
LEGAL DESCRIPTION
A EASEMENT FOR THE MAINTAINANCE OF A EXISTING SANITARY SEWER
SYSTEM OVER, UNDER AND ACROSS THAT PORTION OF TRACT 23., PUGET
SOUND MACHINERY DEPOT FIVE ACRE TRACTS, ACCORDING TO THE PLAT
THEREOF RECORDED IN VOLUME 5 OF PLATS PAGE 47, RECORDS OF
SNOHOMISH COUNTY, WASHINGTON DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SAID.TRACT 23, THENCE
SOUTHERLY ALONG THE EAST BOUNDARY LINE OF SAID TRACT 23 A
DISTANCE OF 130.95 FEET TO THE TRUE POINT OF BEGINNING, THENCE
CONTINUING SOUTHERLY ALONG SAID EAST BOUNDARY LINE OF SAID
TRACT 23 A DISTANCE OF 14.05 FEET TO THE SOUTHEAST CORNER OF SAID
TRACT 23, THENCE WESTERLY ALONG THE SOUTH BOUNDARY LINE OF
SAID TRACT 23 A DISTANCE 238.80 FEET MORE OR LESS TO THE
SOUTHWEST CORNER OF SAID TRACT 23 ALSO BEING A POINT ON THE
EASTERLY RIGHT OF WAY LINE OF SIERRA STREET ACCORDING TO THE
PLAT OF NELSON ADDITION AS RECORDED IN VOLUME 19 OF PLATS PAGE
89 RECORDS OF SAID SNOHOMISH COUNTY, THENCE NORTH ALONG THE
WEST BOUNDARY LINE OF SAID TRACT 23 A DISTANCE OF 13.00 FEET,
THENCE WESTERLY PARALLEL WITH THE NORTH BOUNDARY LINE OF
SAID TRACT 23 A DISTANCE OF 2.00 FEET MORE OR LESS TO A POINT ON
THE ARC OF SAID SIERRA STREET 40 FOOT RADIUS CULDESAC RIGHT OF
WAY LINE THENCE NORTH WESTERLY A LONG THE ARC OF SAID
CULDESAC AN ARC LENGTH OF 4.95 FEET, THENCE SOUTHEASTERLY 242.70
FEET MORE OR LESS TO THE TRUE POINT OF BEGINNING AND THE 'END OF
THIS DESCRIPTION.
J: \03458dlp \Out\sani sewer esmnt.doc
EXHIBIT A (CONT.)
STREET VACATION
LEGAL DESCRIPTION
THAT PORTION OF TRACT 23, PUGET SOUND MACHINERY DEPOT FIVE
ACRE TRACTS. ' ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME
5 OF PLATS PAGE 47, RECORDS OF SNOHOMISH COUNTY, WASHINGTON
DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SAID TRACT 23, THENCE
SOUTHERLY ALONG THE EAST BOUNDARY LINE OF,SAID TRACT 23 A
DISTANCE OF. 120.00 FEET TO THE TRUE POINT OF THENCE
WESTERLY PARALLEL WITH THE NORTH BOUNDARY LINE OF SAID TRACT
23 A DISTANCE 247.30 FEET MORE OR LESS TO A POINT ON THE ARC OF THE
CULDESAC RIGHT OF WAY LINE OF SIERRA STREET ACCORDING TO THE
PLAT OF NELSON ADDITION AS RECORDED IN VOLUME 19 OF PLATS PAGE
89 RECORDS OF SAID SNOHOMISH COUNTY SAID POINT HEREIN
DESIGNATED AS POINT "A ". BEGINNING AGAIN AT THE TRUE POINT OF
BEGINNING, THENCE SOUTHERLY ALONG THE EAST BOUNDARY LINE OF
SAID TRACT 23 A DISTANCE OF 25.00 FEET, THENCE WESTERLY PARALLEL
WITH THE NORTH BOUNDARY LINE.OF SAID TRACT 23 A DISTANCE OF
238.80 MORE OR LESS FEET TO A POINT ON THE EAST BOUNDARY LINE OF
SAID NELSONADDTTION, THENCE NORTHERLY ALONG SAID EAST
BOUNDARY LINE OF NELSON ADDITION .A DISTANCE OF 13.00 FEET,
THENCE WESTERLY PARALLEL WITH THE NORTH BOUNDARY LINE OF
SAID TRACT 23 A DISTANCE OF 22.00 FEET MORE OR LESS
THE ARC OF SAID S TO A POINT ON
IERRA STREET CULDESAC RIGHT OF WAY LINE,
THENCE NORTH WESTERLY A LONG THE ARC OF SAID CULDESAC AN ARC
LENGTH OF 13.80 FEET MORE OR LESS TO PREVIOUSLY DESIGNATED POINT
"A" AND THE END OF THIS DESCRIPTION.
_ -.THIS VACATIOMCONSISTS OFU-T ACRES MORE OR LESS. - - - - -- - --
EXHIBIT B
EXHIBIT B
NOTICE OF RESTRICTION OF USE
COMES NOW, the undersigned owners of certain real property located in the City of
Edmonds, Snohomish County, Washington, addressed as 1142 Sierra Place {"Site") and legally
described as follows:
[legal description]
The undersigned owners, in consideration of the approval of the City of Edmonds of a
vacation of a certain public easement lying adjacent to and immediately south of the subject site,
do hereby agree and covenant, on behalf of themselves, their heirs; successors and assigns, to
restrict use of the above described Site to one single- family dwelling. This covenant is offered to
and in favor of the City of Edmonds, and the rights conferred hereunder may be released only the .
an action of the Edmonds City Council.
DONE this 2��` day of v ( —, 2004.
OWNERS
DARRYL LEWIS
SHARI LEWIS
STATE OF WASHINGTON)
COUNTY OF SNOHOMISH )
- On this day appeared before me DARRYL LEWIS AND SVitK LEWIS, husband and
wife, and stated that they executed this document for the uses oses herein mrnitin —'el
NOTARY NOT Y P
PUBLIC Prin N e:
y 23.2007 �pZ My o ission a ices: t--Z -p
WASH�c�G
(wss571527.n0c;vo0006.g00000/) - 3 -
! LEWIS PROPERTY
PROPOSED. LEGAL DESCRIPTION
i
THOSE PORTIONS OF TRACT 22 AND TRACT 23, PUGET SOUND MACHINERY
DEPOT 5 ACRE TRACTS, ACCORDING TO THE PLAT THEREOF RECORDED IN
VOLUME 5 OF PLATS, PAGE 47, RECORDS OF SNOHOMISH COUNTY,
WASHINGTON, DESCRIBED AS FOLLOWS:
THE NORTH 120 F OF SAID TRACT 23; EXCEPT THAT PORTION LYING
WEST OF THE EAST LINE OF THAT CERTAIN EASEMENT RECORDED UNDER
RECORDING NUM ER 7706200208; AND EXCEPT THAT PORTION THEREOF
LYING WITHIN S1E STREET AS DELINEATED ON THE PLAT OF NELSON
ADDITION, ACCO ING TO THE PLAT THEREOF RECORDED IN VOLUME 19;
PAGE 89, IN SNOH MIS COUNTY, WASHINGTON;
TOGETHER WITH THAT PORTION OF THE SOUTH 10 FEET OF TRACT 22, SAID
PLAT LYING EAST F THAT CERTAIN EASEMENT RECORDED UNDER
RECORDING NUMBER 7706200208.
(ALSO KNOWN AS PARCEL B OF CITY OF EDMONDS BOUNDARY LINE
ADJUSTMENT S93 -�7 RECORDED UNDER RECORDING NUMBER 9307080525.)
ALSO TOGETHER
HUNDRED THItT
UNDER AFN 1370£
AND TOGETHER I
THIRTY -EIGHT (31
FEET OF SAID M
BY THE CITY OF I
SUBJECT TO AN' I
SANITARY SEWEf
TRACT 23, PUGET
ACCORDING TO T
PAGE 47, RECORD
FOLLOWS:
COMMENCING AT
SOUTHERLY ALOI,
DISTANCE OF 130
CONTINUING SOU
TRACT 23 A DISTA
THE NORTH LINE
LESS TO A POINT C
STREET ACCORDII
VOLUME 19 OF PL
THENCE NORTH A.
STREET A DISTAN(
THE NORTH BOUN
MORE OR LESS TO
RADIUS CULDESAI
LONG THE ARC OF
SOUTHEASTERLY:
BEGINNING AND T
fI'H THE SOUTH TWELVE (12) FEET OF THE NORTH ONE
- TWO (132) FEET OF SAID TRACT 23 AS DESCRIBED
5 RECORDS OF SNOHOMISH COUNTY, WASHINGTON;
TH THE NORTH THIRTEEN (13) FEEET OF THE NORTH
FEET OF THE SOUTH ONE HUNDRED NINEY -EIGHT (198)
F 23 AS DESCRIBED UNDER AFN 1370837, AS VACATED-....
IMONDS (ORDINANCE/RESOLUTION--- --_ - - -)
LSEMENT FOR THE MAINTAINANCE OF A EXISTING
SYSTEM OVER, UNDER AND ACROSS THAT PORTION OF
OUND MACHINERY DEPOT FIVE ACRE TRACTS, .
E PLAT THEREOF RECORDED IN VOLUME 5 OF PLATS
OF SNOHOMISH COUNTY, WASHINGTON DESCRIBED AS
'HE NORTHEAST CORNER OF SAID TRACT 23, THENCE
3 THE EAST BOUNDARY LINE OF SAID TRACT 23 A
FEET TO THE TRUE POINT OF BEGINNING; THENCE
3ERLY ALONG SAID EAST BOUNDARY LINE OF SAID
CE OF 14.05 FEET; THENCE WESTERLY PARALLEL TO
? SAID TRACT 23 A DISTANCE 238.80 FEET MORE OR
4 THE EASTERLY RIGHT OF WAY LINE OF SIERRA
3 TO THE PLAT OF NELSON ADDITION AS RECORDED IN
IS PAGE 89 RECORDS OF SAID SNOHOMISH COUNTY;
DNG THE EASTERLY MARGIN LINE OF SAID SIERRA
E OF 13.00 FEET; THENCE WESTERLY PARALLEL WITH
ARY LINE OF SAID TRACT 23 A DISTANCE OF 2.00 FEET'
L POINT ON THE ARC OF SAID SIERRA STREET 40 FOOT
RIGHT OF WAY LINE; THENCE NORTH WESTERLY A
.AID CULDESAC AN ARC LENGTH OF 4.95 FEET; THENCE
12.70 FEET MORE OR LESS TO THE TRUE POINT OF
E END OF THIS DESCRIPTION.
Affidavit of Publication
STATE OF WASHINGTON,
COUNTY OF SNOHOMISH S.S.
SUMMARY OF ORDINANCE NO. 3543
0o t�ofEdmon soon
On the 22nd day of March, 2005, the City Council of the
City of Edmonds, passed Ordinance No. 3543. A summary of
as follows:
the content of said ordinance, consisting of the title, provides
AN ORDINANCE OF THE CITY OF EDMONDS, WASHING-
TON, TO VACATE A PORTION OF THE UNOPENED AND
UNDEVELOPED RIGHT -OF -WAY OF SIERRA PLACE,
PROVIDING DIRECTION TO THE CITY CLERK, AND FIX-
ING A TIME WHEN THE SAME SHALL BECOME
EFFECTIVE.
The full text of this Ordinance will be mailed upon request.
DATED this 23rd day of March, 2005.
CITY CLERK, SANDRA S. CHASE
THAT PORTION OFTRACTM PUG-ET SOUND MACHI-
NERY DEPOT FIVE ACRE TRACTS, ACCORDING TO THE
PLAT THEREOF RECORDED IN VOLUME 5 OF PLATS
PGE 47, RECOOF SNOHOMISH COUNTY, WASH-
---------- -
COMMENCING AT THE NORTHEAST CORNER OF SAID
TRACT 23, THENCE SOUTHERLY ALONG THE EAST
BOUNDARY LINE OF SAID TRACT 23 A DISTANCE OF
120.00 FEET TO THE TRUE POINT OF BEGINNING,
THENCE WESTERLY PARALLEL WITH THE NORTH
BOUNDARY LINE OF SAID TRACT 23 A DISTANCE 247.30
FEET MORE OR LESS TO A POINT ON THE ARC OF THE
CULDESAC RIGHT OF WAY LINE OF SIERRA STREET
ACCORDING TO THE PLAT OF NELSON ADDITION AS
RECORDED IN VOLUME 19 OF PLATS PAGE 89 RE-
CORDS OF SAID SNOHOMISH COUNTY SAID POINT
HEREIN DESIGNATED AS POINT "A BEGINNING AGAIN
AT THE TRUE POINT OF BEGINNING, THENCE SOUTH-
ERLY ALONG THE EAST AOUNDARY LINE OF SAID
TRACT 23 A DISTANCE OF 25.00 FEET, THENCE WEST-
ERLY PARALLEL WITH THE NORTH BOUNDARY LINE OF
SAID TRACT 23 A DISTANCE OF 238.80 MORE OR LESS
FEET TO A POINT ON THE EAST BOUNDARY LINE OF
SAID NELSON ADDITION, THENCE NORTHERLY ALONG
SAID EAST BOUNDARY LINE OF NELSON ADDITION A
DISTANCE OF 13.00, THENCE WESTERLY PARALLEL
WITH THE NORTH BOUNDARY LINE OF SAID TRACT 23
A DISTANCE OF 2.00 FEET MORE OR LESS TO A POINT
ON THE ARC OF SAID SIERRA STREET CULDESAC
RIGHT OF WAY LINE, THENCE NORTH WESTERLY A
LONG THE ARC OF SAID CULDESAC AN ARC LENGTH
OF 13.80 FEET MORE OR LESS TO PREVIOUSLY DESIG-
NATED POINT "A" AND THE END OF THIS DESCRIPTION.
THIS VACATION CONSISTS OF 0.14 ACRES MORE OR
LESS.
Published: March 31, 2005.
RECEIVED
APR 0 7 2005
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. 3543
City of Edmonds
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:
March 31, 2005
and that said newspaper was regularly distributed to its subscribers during all of said period.
Frincipal Clerk
Subscribed and sworn to before me this 31st _
,� L,�STgM�
day of March, 2005 ` ryT \
O
N07'Agy �N G
�1
Notary Publi a for the State of ashington, residing at Eve tt h mis iC
County. _ -77-2008
AZrcbVrTNdh(111qb} �ddrfFQhd4r7l� Account Number: 101416
Order Number: 0001273162