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Resolution 1405 Vacate ROW 10410 + 10430 231st.pdfRESOLUTION NO. 1405 A RESOLUTION OF THE CITY OF EDMONDS, WASHINGTON, STATING ITS INTENT TO VACATE A PORTION OF UNOPENED RIGHT-OF-WAY ADJACENT TO THE SOUTHERN BOUNDARIES OF 10410 AND 10430 231sT ST. SW UPON THE FULFILLMENT OF CERTAIN CONTIONS. WHEREAS, on January 23, 2018, the Edmonds City Council adopted resolution No. 1402 establishing a public hearing on a proposed street vacation, File No. PLN20170052; and WHEREAS, a public hearing on the proposed street vacation was held on March 20, 2018; and WHEREAS, the City Council finds and determines that the vacation is in the public interest, and that no property will be denied access as a result of the vacation; and WHEREAS, the abutting owner will convey an easement to the Edmonds School District to allow it to maintain its existing private stormwater line in the right-of-way to be vacated; and WHEREAS, at that public hearing, the record contained a real estate appraisal showing the value of the proposed vacation area to be $57,600; and WHEREAS, the subject right-of-way was originally acquired pursuant to dedication and not at public expense; and WHEREAS, pursuant to ECDC 20.70.140.A.3.a and RCW 35.79.030 the City may be compensated up to an amount equal to one-half of the fair market value of the right-of- way prior to vacation by ordinance; and WHEREAS, the City Council finds $28,800 (half of $57,600) is reasonable compensation when determined in accordance with the fair market value of the land to be vacated; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: 1 Section 1. The city council hereby states its intent to vacate by ordinance that portion of unopened right-of-way lying directly south of 10430 231st St. SW beginning at the western boundary of 10430 2315t St. SW and running east to the eastern boundary of 10410 231St St. SW as shown on the attached Exhibits A and B and further described in File No. PLN20170052, which exhibit and file are incorporated by this reference as fully as if herein set forth as long as the following conditions are met within ninety (90) days of adoption of this resolution: 1. The petitioners shall deposit $28,800 with the City of Edmonds, which is one-half the appraised value of the vacation property, and which money, upon adoption of an ordinance vacating the property, shall belong to the City of Edmonds. 2. The abutting underlying fee owner(s) shall convey easement(s) to the Edmonds School District allowing the continuing use, repair, and maintenance of the District's stormwater line after the City's vacation of the right-of-way. The easement(s) shall be recorded with Snohomish County's real property records. RESOLVED THIS 20TH DAY OF MARCH, 2018. ATTEST: C CLER_K, SC(" ' PASSEY FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: RESOLUTION NO. M YOR 1). VE EARLING \ J March 16, 2018 March 20, 2018 1405 2 EXHIBIT "A" PUBLIC RIGHT-OF-WAY VACATION LEGAL DESCRIPTION PORTION OF THAT PUBLIC RIGHT-OF-WAY LYING DIRECTLY SOUTH AND ADJACENT TO LOT 10, LOT 11, TRACT 16 OF THE PLAT OF SHERWOOD ESTATES, AS RECORDED IN VOLUME 31 OF PLATS, PAGE 90, RECORDS OF SNOHOMISH COUNTY AUDITOR AND THAT PORTION OF VACATED 104TH AVENUE SOUTHWEST LYING EAST OF AND ADJACENT TO SAID LOT 10 FOR COMMISSIONERS RESOLUTION NO. 79-251 WHICH ATTACHES BY OPERATION OF LAW, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 11; THENCE SOUTH 00009'39" WEST 20.00 FEET, TO THE SOUTH LINE OF SAID PUBLIC RIGHT-OF- WAY, TO BE VACATED; THENCE SOUTH 89050'21" EAST, ALONG SAID SOUTH LINE, DISTANCE OF 320.81 FEET, TO THE SOUTHERLY EXTENSION OF THE EAST LINE OF SAID VACATED 104TH AVENUE SOUTHWEST; THENCE NORTH 00009'46" WEST, ALONG SAID EXTENSION, DISTANCE OF 20.00 FEET, TO THE SOUTHEAST CORNER OF SAID VACATED 104TH AVENUE SOUTHWEST; THENCE NORTH 89050'21" WEST, ALONG THE SOUTH LINE OF SAID LOTS, TRACT AND VACATED 104TH AVENUE SOUTHWEST, DISTANCE OF 320.70 FEET, TO THE SOUTHWEST CORNER OF LOT 11 AND THE POINT OF BEGINNING; HAVING AN AREA OF 6,415 S.F., MORE OR LESS RECEIVED OCT 3 0 2017 DEVELOPMENT SERVICES COUNTER 813112017 EXHIBIT "B" Lm 6 \SHBRWOOD INTAMS 1231ST STREET SW c ` I N � \ LOT 7 I 1,0T 12 \ J 10430 231ST ST SW \ 'IP.4Cr 16 EDMONDS, WA 98020 (PRIVATE ROAD) POINT OF BEGINNING \ � N 89 50'21" W UNIMPROVED S 00-09'39- W PUBLIC R-O-W 20.00' N 20' RIGHT—OF—WAY %VACATION f6.415 SQ S 89'50'21" E 320.81' I uff 9 I 1L --- - - - - - � ILOT M �I 4 20' VACATED—f —� ROW N 00*09'46" W 20.00' RIGHT-OF-WAY m m ��` . •.,,, Ris VACATION ,=- T e r r a n e 10430 231ST SW . 4� o �EDMONDS, WA 98020 10801 Mair Street, 5ulie iJZ, 6elietiue, 6ti'P 46 for ■*a* JOB NO. 161628 ohnnc 42� 4S�CA188 snppp tenan,, _ ��� DATE:8/31/2017 www.ielfanex