Ordinance 3910 Street Vacation (2).pdfORDINANCE NO. 3910
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, AMENDING THE PORTIONS OF CHAPTER
20.70 OF THE EDMONDS COMMUNITY DEVELOPMENT
CODE WHICH CLARIFY THE TYPES OF EASEMENTS THAT
MAY BE RETAINED DURING A STREET VACATION AND
ADDS CLARIFYING LANGUAGE WITH REGARD TO THE
APPLICANT OF A STREET VACATION PROCESS.
WHEREAS, in response to a citizen request the City Council tasked the Planning Board
with considering an amendment to Chapter 20.70 of the Edmonds Community Development
Code entitled "Street Vacations" add language with regard to the types of easements that may be
retained during a street vacation and clarifying language with regard to the applicant of a street
vacation; and
WHEREAS, after a public hearing held on November 14, 2012 the Planning Board
forwarded a recommendation to the City Council regarding a proposed amendment to street
vacation requirements which clarify the types of easements that may be retained during a street
vacation and adding clarifying language with regard to the applicant of a street vacation process;
and
WHEREAS, the proposed amendments are consistent with RCW 35.79.030 Hearing —
Ordinance of vacation, and
WHEREAS, after a considering the Planning Board's recommendation at a public
hearing held on February 5, 2013 the City Council finds the proposed amendment in the public
interest; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN
AS FOLLOWS:
Section 1. Amendment to Section 20.70.030 City easement rightspublic utilities and
services. Section 20.70.030 of the Edmonds Community Development Code, entitled "City
easement rights for public utilities and services," is hereby amended to read as follows (new text
is shown in underline):
20.70.030 City easement rights for public utilities and services.
In vacating a street, alley, or easement, the city council may reserve for the city any
easements or the right to exercise and grant any easements for construction, repair and
maintenance of public utilities and services.
Section 2. Amendment to Section 20.70.050 Initiation of nroceedinas. Section
20.70.050 of the Edmonds Community Development Code, entitled "Initiation of proceedings,"
is hereby amended to read as follows (new text is shown in underline):
20.70.050 Initiation of proceedings.
A vacation may be initiated by:
A. City council; or
B. Petition of the owners of more than two-thirds of property abutting the portion of the
street or alley to be vacated or, in the case of an easement, two-thirds of property
underlying the portion of the easement to be vacated.
C. Hereafter within this chapter, where the term "applicant" is used if the City did not
initiate the vacation applicant shall refer to the petitioning owner° s of °o ert
abutting upon the street or 611gy, or part thereof, sub"iect to the vacation request.
Section 3. Amendment to Section 20.70.140 Final decision. Section 20.70.140 of the
Edmonds Community Development Code, entitled "Final decision," is hereby amended to read
as follows (new text is shown in underline; deleted text is shown in s#ike tk,,,,g ):
20.70.140 Final decision.
A. Generally. Following the public hearing, the city council shall, by motion approved
by a majority of the entire membership in a roll call vote, either:
1. Adopt an ordinance granting the vacation; or
2. Adopt a motion denying the vacation; or
3. Adopt a resolution of intent to vacate stating that the city council will, by
ordinance, grant the vacation if the applie owner(s) of property abutting upon
the street or alley, or part thereof so vacated, meets specific conditions within 90
days. The city may require the following as conditions:
a. Either:
i. Monetary compensation to be paid to the city in the amount of up to one-
half the fair market value for the street, alley, or part thereof to be vacated
unless acquired at "public expense", then full appraised value shall be
paid; or
ii. The grant of a substitute public right-of-way which has value as an access
way at least equal to the vacated street, alley, or part thereof; or
iii. Any combination of paragraphs A(3)(a)(i) and A(3)(a)(ii) of this section
totaling but not more than one-half the fair market value of the street,
alley, or part thereof to be vacated.
b. A grant of an easement to the city in exchange for the easement vacated.
If the applie abutting_ property owner(s) complies with conditions imposed in the
resolution of intent to vacate within 90 days, the city council shall adopt an ordinance
granting the vacation.
B. Findings Required. As part of each ordinance granting a vacation, motion denying a
vacation, or resolution of intent to vacate, the city council shall adopt findings and
conclusions to support its decision.
C. Distribution. Within five working days of the city council decision, the planning
manager shall mail a copy of the notice of decision to the applicant and all persons
who submit a written or oral testimony at the city council's hearing.
Section 4. 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 5. 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.
VED:
t
MAYOR DAVID O. EARLING
ATTEST/AUTHENTICATED:
CITY CLERK, SANDRA S. CHASE
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
BY
Jh l'AR. A.
FILED WITH THE CITY CLERK: 02-01-2013
PASSED BY THE CITY COUNCIL: 02-05-2013
PUBLISHED: 02-10-2013
EFFECTIVE DATE: 02-15-2013
ORDINANCE NO. 3910
SUMMARY OF ORDINANCE NO. 3910
of the City of Edmonds, Washington
On the 5th day of February, 2013, the City Council of the City of Edmonds,
passed Ordinance No. 3910. A summary of the content of said ordinance, consisting of
the title, provides as follows:
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, AMENDING THE PORTIONS OF
CHAPTER 20.70 OF THE EDMONDS COMMUNITY
DEVELOPMENT CODE WHICH CLARIFY THE
TYPES OF EASEMENTS THAT MAY BE RETAINED
DURING A STREET VACATION AND ADDS
CLARIFYING LANGUAGE WITH REGARD TO THE
APPLICANT OF A STREET VACATION PROCESS.
The full text of this Ordinance will be mailed upon request.
DATED this 6th day of February, 2013.
4840-7251-8158, v. 1
5
CITY CLERK, SANDRA S. CHASE
STATE CSF WASHINGTON,
COUNTY F SNOHOMISH
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The undersigned, being first duly sworn on oath deposes and says that she is Principal Clerk of
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Snohomish, and State of Washington; that said newspaper is a newspaper of general
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circulation in said County and State; that said newspaper has been approved as a legal
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newspaper by order of the Superior Court of Snohomish County and that the notice
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Summary of Ordinance No. 3910
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P ubil sV'lIed: r u,IV.alrausa.uy 10, 2013.
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:
February 10, 2013
and that said newspaper was regularly distributed to its subscribers during all of said period.
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Subscribed and sworn to before me this 1
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day of February, 2013
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Notary Public in and for the State of Washington, legO f6. at 1'"*�ana A l'xtttaulltoplish
County.
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Account Name: City of Edmonds Account Number: 101416 Order Number: 0001810043