Ordinance 4028ORDINANCE NO.4028
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, APPROVING THE VACATION OF TWO
STREETS AND ONE ALLEY LOCATED WITHIN THE
RECENTLY ACQUIRED CIVIC FIELD PROPERTY;
REPEALING ECC 10.35.010.F RELATING TO A STREET
VACATION PROCESS THAT IS NO LONGER USED.
WHEREAS, RCW 35.79.010 and ECDC 20.70.050 authorizes the city council to initiate
a street vacation process by passage of a resolution; and
WHEREAS, RCW 35.79.010 and ECDC 20.70.070 requires the city council to fix a time
by resolution for public hearing on any proposed street vacation; and
WHEREAS, RCW 35.79.010 and ECDC 20.70.070 requires that such hearing occur no
less than twenty days and no more than sixty days after the passage of the resolution fixing the
hearing date; and
WHEREAS, in addition to state law, chapter 20.70 ECDC also sets forth street vacation
procedures, some but not all of which are applicable to a street vacation initiated by the city
council; and
WHEREAS, the city council initiated a street vacation process for two streets and one
alley within the civic field property that are legally described as follows: Edmonds Street
between Blocks 99 and 100, Sprague Street between Blocks 100 and 101, and the unnamed alley
within Block 100, City of Edmonds, according to the plat thereof recorded in volume 2 of Plats,
pages 39 and 39A, records of Snohomish County, Washington; and
WHEREAS, the city council repealed an earlier resolution that only mentioned the two
streets within civic field, not the alley; and
WHEREAS, the city council deemed it preferable to have only one hearing on all the
rights -of -way (streets and alley) to be vacated within civic field; and
WHEREAS, on April 12, 2016, the city council adopted Resolution 1354, which set a
hearing date of May 17, 2016; and
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WHEREAS, the city clerk provided notice of the May 17, 2016 public hearing as
required pursuant to RCW 35.79.020 and ECDC 20.70.090 to the extent that such notice
requirements were applicable; and
WHEREAS, the rights -of -way proposed to be vacated have never been improved for
transportation purposes; and
WHEREAS, the city recently purchased from the Edmonds School District all property
that abuts the rights -of -way proposed to be vacated making the city the only abutting property
owner; and
WHEREAS, this street/alley vacation is being proposed because the city intends to
preserve most of the civic field property as a park in perpetuity, making it unlikely that these two
streets and the alley will ever be developed for transportation purposes; and
WHEREAS, the city council held a public hearing on the proposed vacation of the two
streets and the alley on May 17, 2016; and
WHEREAS, of the two people who spoke during the public hearing, neither spoke
against the merits of the street vacation, neither speaker was an abutting owner, and neither
speaker indicated that his access would be impaired or affected by the street vacation; and
WHEREAS, one of the speakers asserted a procedural objection based on his claim that
ECC 10.35.0101 required the city's hearing examiner to hold a hearing on the street vacation;
and
WHEREAS, ECC 10.35.010.F reads as follows: "The hearing examiner will review the
comprehensive plan and report on the same prior to any street vacation or dedication as provided
in ECDC 15.05.020;" and
WHEREAS, the code section referenced in ECC 10.35.0101 references ECDC
15.05.020, a code section that no longer exists; and
WHEREAS, ECC 10.35.010.F has not been amended since 1983 at the latest; and
WHEREAS, the city adopted the street vacation procedures in chapter 20.70 ECDC in
1993; and
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WHEREAS, the procedures codified in chapter 20.70 ECDC do not reference the hearing
examiner at all; and
WHEREAS, ECDC 20.70.070 states, "the city council shall by resolution fix a time when
the city council will hold a public hearing on the proposed vacation;" and
WHEREAS, ECDC 20.70.110 states, "the city council shall hold a public hearing on
each requested vacation;" and
WHEREAS, since ECC 10.35.010 has not been amended 1983 and references a code
section that no longer exists, it appears that the city failed to update that section when it adopted
chapter 20.70 ECDC; and
WHEREAS, the city council considers the reference to street vacations in ECC 10.35.010
to be an unnecessary relic that should be removed from the code; and
WHEREAS, the city has executed deed restrictions in favor of two granting agencies
which would be inconsistent with the improvement of these rights -of -way for transportation
purposes; and
WHEREAS, various city -owned utilities are present underground but within the rights -
of -way being vacated; and
WHEREAS, pursuant to RCW 35.79.040, if any street or alley in any city is vacated by
the city council, the property within the limits so vacated shall belong to the abutting property
owners, one-half to each; and
WHEREAS, it is unnecessary for the city to reserve an easement for such utilities when
the city is the fee -owner of the abutting property and when the vacation will result in the city
continuing to have the right to maintain utilities within the property; and
WHEREAS, the city's public works department has plans to place additional
underground utilities within the Civic Field property; and
WHEREAS, there may be better options to route the utilities now that the city owns Civic
Field and the utilities no longer need to be confined within what was once the public right-of-
way; and
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WHEREAS, the city is embarking upon a master planning process for the Civic Field
property; and
WHEREAS, the vacation of these streets and alley is in the public interest; and
WHEREAS, no property will be denied direct access as a result of the vacation;
NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN
AS FOLLOWS:
Section 1. Findings. The "Whereas" clauses set forth above are hereby adopted as the
findings to support approval of the proposed street vacation.
Section 2. Vacation. Having adopted the findings in Section 1, the following streets and
alley are hereby vacated: Edmonds Street between Blocks 99 and 100, Sprague Street between
Blocks 100 and 101, and the unnamed alley within Block 100, City of Edmonds, according to the
plat thereof recorded in volume 2 of Plats, pages 39 and 39A, records of Snohomish County,
Washington.
Section 3. Cooperative Planning. The city's public works department shall participate in
the Civil Field master planning process and provide sufficient information about future utility
construction projects to inform the master planning process. The city's master planning process
shall take this future utility construction into account during the planning process and the final
master plan shall expressly note the location of all current and future utilities.
Section 4. Repeal of ECC 10.35.010.F. Subsection 10.35.010.17, which is set forth in the
whereas clauses above, is hereby repealed.
Section S. Severability. If any section, subsection, clause, sentence, or phrase of this
ordinance should be held invalid or unconstitutional, such decision shall not affect the validity of
the remaining portions of this ordinance.
Section 6. Effective Date.
This ordinance, being an exercise of a power specifically
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.
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ATTEST/AUTHENTICATED:
C CLERK, SCOT - SSEY
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
BY
JEFF TARADAY
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO.
V ED:
MAYOR DAVE EARLING
May 2v, Zo16
May 24, 2016
June 19, 2016
June 24, 2016
4028
SUMMARY OF ORDINANCE NO.4028
of the City of Edmonds, Washington
On the 24th day of May, 2016, the City Council of the City of Edmonds, passed
Ordinance No. 4028. A summary of the content of said ordinance, consisting of the title,
provides as follows:
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, APPROVING THE VACATION OF
TWO STREETS AND ONE ALLEY LOCATED WITHIN
THE RECENTLY ACQUIRED CIVIC FIELD
PROPERTY; REPEALING ECC 10.35.010.F RELATING
TO A STREET VACATION PROCESS THAT IS NO
LONGER USED.
The full text of this Ordinance will be mailed upon request.
DATED this 16th day of June, 2016.
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CltrlftERK, SC SSEY
Everett Daily Herald
Affidavit of Publication
State of Washington}
County of Snohomish } ss
Dicy Sheppard being first duly sworn, upon
oath deposes and says: that he/she is the legal
representative of the Everett Daily Herald a
daily newspaper. The said newspaper is a legal
newspaper by order of the superior court in the
county in which it is published and is now and
has been for more than six months prior to the
date of the first publication of the Notice
hereinafter referred to, published in the English
language continually as a daily newspaper in
Snohomish County, Washington and is and
always has been printed in whole or part in the
Everett Daily Herald and is of general
circulation in said County, and is a legal
newspaper, in accordance with the Chapter 99
of the Laws of 1921, as amended by Chapter
213, Laws of 1941, and approved as a legal
newspaper by order of the Superior Court of
Snohomish County, State of Washington, by
order dated June 16, 1941, and that the annexed
is a true copy of EDH706226 ORDINANCE
NO. 4028 as it was published in the regular and
entire issue of said paper and not as a
supplement form thereof for a period of 1
issue(s), such publication commencing on
06/19/2016 and ending on 06/19/2016 and that
said newspaper was regularly distributed to its
subscribers during all of said period.
The amount of the fee for such publication is
27.52.
Subscribed and sworn before me on this
day of
Notary Public in and for the State of
Washington.
City of Edmonds - LEGAL ADS 114101416
SCOW PASSEY
AUBREY KNAPP
Notary Public
Mate of Washington
My Commission Expires
' .duly 30, 2018
I
4
of Sho [;Iry of Edmonas,
ORtylMCf Ut+.
lnlashrngmn
On the 2411m day of May, 2016. the City Councll of the City of
Edmonds, parsed the to�Iowing Ordlnonca, the summary of the
content of said ord4nsnce comlalln of 90e Is rovlded as fmawsl
ORDINAMAN ORDINANCE OF THE CITY OF EDMONOS,
WASHINGTON, APPROVING THE VACATION OF TWO
STREETS AND ONE ALLEY LOCATED WITHM THE
RECENTLY ACOUIRED CIVIC FIELD PROPERTY;
REPEALING ECC 10.35,010.F RELATING TO A STREET
VACATION PROCESS THAT 19 NO LONGER USED,
The full JWft of this Or6namo will he mated upon request.
DATED this 161h day of June, 2016.
CITY CLERK, SCOTT PASSEY
ubllshed: June 19, 2016. EDH70622