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Ordinance 36470006.90000 WSS /gjz 4/18/07 ORDINANCE NO. 3647 AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, VACATING CERTAIN UNOPENED RIGHT - OF -WAY OF 8TH AVENUE NORTH, NORTH OF SPRAGUE STREET, RESERVING AN EASEMENT, AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. WHEREAS, following a public hearing and the procedures set forth in Chapter 20.70 ECDC, the City Council passed a resolution of intent to vacate certain unopened right -of- way of 8th Avenue North, north of Sprague Street in the City of Edmonds, upon the fulfillment of certain conditions; and WHEREAS, the City Clerk has advised the City Council that on such condition, the payment of the sum of Seven Thousand Five Hundred Dollars ($7,500) was met within the ninety (90) day period set in the resolution; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. The unopened right -of -way of 8th Avenue North, north of Sprague Street as shown on the attached Exhibit A, be and is hereby vacated, subject to the reservation of an easement thirty (30) feet in width that is 15 feet on each side of the centerline of Shell Creek as it lies within the vacated right -of -way easement, said easement to be reserved for construction, maintenance, erosion control, removal of vegetation and other maintenance activities such as the piling of dirt and debris in the operation of vehicles, the passage of workmen, and other activities {WSS658653;DOC;1 /00006.900000/} - 1 - related to construction, reconstruction or maintenance of the adjacent Shell Creek as a drainage way of the City. Section 2. The City Clerk is hereby authorized to forward a certified copy of this ordinance to the applicant for recording in the land records of Snohomish County. 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. ATTEST /AUTHENTICATED: CITY CLERK, SANDRA S. CHASE APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: BY W. SCOTT SNYDER FILED WITH THE CITY CLERK: 06/01/2007 PASSED BY THE CITY COUNCIL: 06/05/2007 PUBLISHED: 06/10/2007 EFFECTIVE DATE: 06/15/2007 ORDINANCE NO. 3647 {WSS658653.DOC;1/00006.900000/} - 2 - SUMMARY OF ORDINANCE NO. 3647 of the City of Edmonds, Washington On the 5th day of June, 2007, the City Council of the City of Edmonds, passed Ordinance No. 3647. A summary of the content of said ordinance, consisting of the title, provides as follows: AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, VACATING CERTAIN UNOPENED RIGHT -OF -WAY OF 8TH AVENUE NORTH, NORTH OF SPRAGUE STREET, RESERVING AN EASEMENT, AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. The full text of this Ordinance will be mailed upon request. DATED this 6th day of June, 2007. CITY CLERK, SANDRA S. CHASE {WSS658653.DOC;1/00006.900000/} - 3 - Exhibit A I- ._.__ . .._.J n84 ALLEY N 89.59'59" E a 30' 30' _ o 21 o o z v. 1 1 ti W OO E71 D: o ° U rn Z r Q W ,o° o w . Q$�> z m CO Im o +' o O 0 o I 0 Z 30' 30' 0 N 43'22'28" E 0.75' EX CASED L I � in ALLEY r8l 3B �� 37 3� Cn a/ m .910, �+} C) ?�cS 0 Q 0 0 Z i VACA7.ED SPRAGUE 629.58'(M) 630.00'(P) N 8RASS N 89'59'54" W DISC STAMPED WITH w0i X ", NO.D 4561 - - W E —� t S STREET VACATION EXHIBIT 0' 15' 25' 40' 60' 80' FOR SCALE : 1 " =40' KEITH .& TERES_A SIMANTON �Y T. �� IN NE1 /4, SW1 /4 SECTION 24, T.27N.,R.3E., W.M. CITY OF EDMONDS SNOHOMISH COUNTY, WASHINGTON MM ffift Lovell— Sauerland & Associates, Inc. 69 � i♦ ftlueers /Smve_v- s/I'lanneia/Develop —.1 C.. s,Wl -l- r e,S�' tj a-mait fto®lvaeagineaziu 0= • vab: luenginemirCoom L LAt� 19 83rd Amm 1.. Shits 290 • Lynwood, 11.98008 - (426)775 -1691 • (%25)872 -7888 far AXIAZWAI Affidavit of Publication STATE OF WASHINGTON, COUNTY OF SNOHOMISH. } S.S. The undersigned, being first duly swom on oath deposes and says that she is Principal Clerk of Account Name: City of Edmonds Account Number. 101416 Order Number. 0001511451 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 SUMMARY OF ORDNANCE NO. 3647 o t e i1y o dmon s, as rngton On the 5th day of June, 2007, the newspaper by order of the Superior Court of Snohomish County and that the notice City Council of the City' of Edmonds, passed Ordinance No. 3647 A summary of the, content of said ordinance, consisting of the title, provides as follows: AN CERTAIN 4 Summary of Ordinance No. 3647 TON, VAICATING U NO RIG HT -OF -WAY` OF 8TH AVENUE NORTH, NORTH OF SPRAGUE', STREET, RESERVING AN EASEMENT, AND FIXING A Vacating Right -A -Way TIME WHEN THE SAME SHALL BECOME EFFECTIVE. The full text of this Ordinance will be mailed upon request DATED this 6th day of June, 2007. Publishe June 10, 2007. CITY CLERK, SANDRA S. CHASE d: J 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: June 10, 2007 and that said newspaper was regularly distributed to its subscribers during all of said period. Principal Clerk Subscribed and swom to before me this 11th RECEIVED � °7��` day of June, 2007 SS�OiU EXp� Nr(— C Notary lic in a d for the State of Washington, rest4ding a Eve�rei,�St60a EDMONDS CITY CLERK Coun kNT� OF WP`'N� Account Name: City of Edmonds Account Number. 101416 Order Number. 0001511451