Ordinance 372900006.90000
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9/23/08
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ORDINANCE NO. 3729
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, VACATING A PORTION OF THE PLATTED
BUT UNBUILT RIGHT -OF -WAY OF AN ALLEY LOCATED
BETWEEN EIGHTH AVENUE NORTH AND NINTH AVENUE
NORTH, NORTH OF DALEY STREET, RESERVING AN
EASEMENT FOR CONSTRUCTION PURPOSES AND FIXING
A TIME WHEN THE SAME SHALL BECOME EFFECTIVE.
WHEREAS, on July 24, 2008, the City Council enacted Resolution No. 1178
initiating the vacation of unopened alley right -of -way between Eighth Avenue North and Ninth
Avenue North, one block in length commencing north of Daley Street; and
WHEREAS, a public hearing was held on July 22, 2008; and
WHEREAS, objections were raised at that hearing and the matter was continued
to September 16, 2008; and
WHEREAS, based upon the record of the proceeding and the records of the City,
the City Council determines:
1. No property would be deprived of direct access by reason of the vacation.
All properties located on the alley have direct access to a City street, including properties located
within the three -lot short plat for Thuesen Customs Homes, incorporated at page 70 of the City
Council packet of September 16, 2008.
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2. The aforementioned short plat shows access for Lot 2 lying entirely within
the plat. Based upon Mr. Thuesen's assertions in the vacation hearing of the practical difficulties
associated with installation of a driveway and retaining wall, which are shown as being located
entirely within the short plat, the City deems it to be appropriate to retain a temporary
construction easement contemporaneous with the life of the preliminary plat, to wit, five years.
3. Mr. Thuesen also asserts that he has a vested right to use of the alley. The
City Council finds and determines that the vested rights doctrine is limited to the application
process and that Mr. Thuesen's rights have vested in accordance with the approvals granted by
the preliminary short plat for his property. There is no vested right to the continued use of the
City street which may be vacated in accordance with law and ordinance.
4. Finally, Mr. Thuesen asserts that he is the owner of 50% of the abutting
property or part thereof to be vacated. The City Council finds that Mr. Thuesen owns less than
50% of the abutting property for the proposed alley vacation. To interpret City ordinance based
on Mr. Thuesen's theory would be an improper delegation of City Council legislative authority,
render the provision meaningless in that every abutting property owner abuts one half of a street
or alley by definition and the clear meaning of the provision read in light of the other provisions
of City ordinance and state law leads to the conclusion that the term "part thereof' refers to the
portion of the entire street or alley to be vacated and not to any limited portion of a proposed
vacation.
5. The City Council finds it to be in the public interest to vacate the property
without compensation, given its small size (7 1/2 feet in width), its lack of value and utility to the
City, the fact that it, except as provided herein, serves no public purpose, and that returning the
property to the tax rolls provides a benefit to the City.
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NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO
ORDAIN AS FOLLOWS:
Section 1. The right -of -way of a platted but unbuilt public alley lying between
the 700 block of Eighth Avenue North and Ninth Avenue North and parallel to and north of
Daley Street in Edmonds, Washington, and legally described on the attached Exhibit A is hereby
vacated; provided, however, that the City Council hereby reserves a temporary construction
easement for the installation of a driveway and retaining wall on property lying north of the alley
and east of Eighth Avenue North. The area covered by temporary construction easement is
shown on the attached Exhibit B. The temporary construction easement shall be void five years
from the date this Ordinance is effective or upon installation of the retaining wall, whichever
shall first occur. Construction pursuant to this easement by a private party shall be undertaken
only in accordance with best engineering practices and the subdivision engineering requirements
to the City of Edmonds and pursuant to a right -of -way construction permit. The retaining wall to
be constructed on the property north of the construction easement shall be located entirely upon
private property to the north, and the slope of the surface area within the construction easement
shall be graded, packed, and seeded in accordance with City engineering requirements.
Section 2. The City Clerk is hereby directed to file a copy of this Ordinance and
the Exhibits thereto 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 the approved summary thereof consisting of the
title.
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ATTEST /AUTHENTICATED:
- eg.,
CITY CLERK, SANDRA S. CHASE
APPROVED AS TO ORM:
OFFICE OF H 67TY A O EY:
BY Lv Jw�f
W. SCOTT SNYDER
APPROV
MAY (/RZG Y HAAKENSON
FILED WITH THE CITY CLERK: 03/13/2009
PASSED BY THE CITY COUNCIL: 03/17/2009
PUBLISHED: 03/22/2009
EFFECTIVE DATE: 03/27/2009
ORDINANCE NO. 3729
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SUMMARY OF ORDINANCE NO. 3729
of the City of Edmonds, Washington
On the 17th day of March, 2009, the City Council of the City of Edmonds, passed
Ordinance No. 3729. 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 AN ALLEY LOCATED
BETWEEN EIGHTH AVENUE NORTH AND NINTH AVENUE NORTH, NORTH OF
DALEY STREET, RESERVING AN EASEMENT FOR CONSTRUCTION PURPOSES AND
FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE, AND FIXING A TIME
WHEN THE SAME SHALL BECOME EFFECTIVE.
The full text of this Ordinance will be mailed upon request.
DATED this 18th day of March, 2009.
. . 2, e'4�
`CITY CLERK, SANDRA S. CHASE
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EXHIBIT A
That portion of unopened alley right -of -way located between 8th Avenue North and 9th
Avenue North in the City of Edmonds, situated in the County of Snohomish, State of
Washington more particularly described as follows:
The 7.5 feet of alley right -of -way as dedicated per the Plat of the City of Edmonds
recorded in Volume 2 of Plats, Page 39 records of Snohomish County, Washington lying
northerly of and immediately adjacent to Lots 20 through 38, Block 82 of said plat.
0
PY14TRIT R
Temporary Construction Easement Reservation
A temporary construction is easement is reserved over that portion of unopened alley right -of-
way located between 81h Avenue North and 91h Avenue North in the City of Edmonds, situated
within the County of Snohomish, State of Washington more particularly described as follows:
The 7.5 feet of alley right -of -way as dedicated per Plat of the City of Edmonds recorded in
Volume 2 of Plats, Page 39 records of Snohomish county, Washington lying northerly of and
immediately adjacent to Lots 36 through 38, Block 82 of said plat.
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
and that said newspaper was
Subscribed and swom to before me this
day of
Notary Public in an or t e State
County. 9v"
to its subscribers during all of said period.
Account Number: 10141 H`
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Snohomish
Number: 0001641452
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
t
newspaper by order of the Superior Court of Snohomish County and that the notice
Summary of Ordinance NO. 3729
SUMMARY.OF ORDINANCE NO.3729
of they City of Edmonds, Washington
On the 17th dayy of March, 2009, the City Council of the City OP
A':
Vacating a Portion of the Platted but Unbuilt Right -of- Way...
Edmonds; passed Ordinance.No. 3729. summary of the content°
ofsaid,ordinanbe, consisting of the title, provides as follows:.
AN ORDNANCE OF THE CITY OF EDMONDS, WASHINGTON ;,
VACATING A PORTION OF THE PLATTED BUT .UME L�
RfGHTOE Wk(, ALLEY. LOCATED BETWEEN
. _ _N
AVENUE''NORTH AND NINTH AVENUE. NORTH, NORTF�` $
DALE-'?. STREET,,t$ESERVING AN EASEMENT FOR CN
STRUCTION PURP-..O$ES AND FIXING A TIME WLiEN TIdE!
a printed copy of which is hereunto attached, was published in said newspaper proper and not
SAM EI L E'S A E EFFECTIVE ND�fifxtNG A4�1(f
WHEN THE SAMESNALL BECOME EFf CT.�;fi� �,
in supplement form, in the regular and entire edition of said paper on the following days and
The full text of thfs Ordinance will be maited.upon request
times, namely:
DATED this 18th day of March, 2009. +
CITY CLERK, SANDRA S CHASE
Published: March 22, 2009.
March 22, 2009
Account Name: City of Edmonds
and that said newspaper was
Subscribed and swom to before me this
day of
Notary Public in an or t e State
County. 9v"
to its subscribers during all of said period.
Account Number: 10141 H`
:.'uvl �
.��,,� 5 -19'x' ��►O -.
!till
OF `. -..
23rd
Snohomish
Number: 0001641452