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Ordinance 1442ORDINANCE NO. AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON PRO- VIDING FOR THE ACQUISITION OF EASEMENTS FOR SANITARY SEWER PURPOSES OF CERTAIN PARCELS OF PROPERTY, PRO- VIDING FOR THE AUTHORIZATION OF THE CITY ATTORNEY TO INITIATE PROCEEDINGS FOR CONDEMNATION, APPROPRIATION, TAKING AND DAMAGING OF LAND AND OTHER PROPERTY NECES- SARY THEREFOR; DECLARING THE NECESSITY THEREFOR; AND PROVIDING FOR PAYMENT THEREOF. THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. The public health, safety, necessity and con- venience demand, and The City Council so finds, that the installa- tion of 8 inch and 10 inch sanitary sewers and all necessary appurtenances, including pipe, valves, fittings, manholes, surface grading and replacement of pavement where necessary and related work necessary to make a complete improvement in accordance with city standards, be installed pursuant to Ordinance 1395 of The City of Edmonds, Washington, which ordinance orders the above referred to improvements and creates and establishes Local Improve• ment District No. 164, and it is necessary for public health, safety, necessity and convenience that said improvements be estab- lished over, across, upon and beneath certain propertiges and land: including those described in Exhibit "A", attached hereto, and by this reference incorporated herein as if set forth in full. Section 2. That in improving, taking and damaging the property as described in Section 1 hereinabove, the City shall acquire the right to a sanitary sewer easement for a sanitary sewer line with all connections, appurtenances and accesses thereto, be and the same hereby is laid off, condemned, appropriated and established over and across the certain properties described in Section 1 hereinabove. Section 3. All lands, rights, privileges and other proper- ty within the limits of the lots, blocks and tracts of lands des- cribed hereinabove are hereby condemned, appropriated, taken and damaged for public use and necessity for sanitary sewer easements; ._ /2 9 and all such lands, rights, privileges and other property are to be be taken, damaged and appropriated only after just compensation has been made or paid into court for the owners thereof in the manner provided by law. Section 4. The entire cost of the improvement provided for herein shall be paid by general funds of the City applicable there- to and mote specifically from the Local Improvement District Fund No. 164 of the City of Edmonds, Washington. Section 5. The taking and damaging herein to said property shall include the perpetual right of the City's agents to enter upon the real estate described herein at any time that it may deem fit, and construct, maintain and repair said sanitary sewer line and the easements over and across said property, together with the right to excavate and/or fill said easements, and the further right to remove vegetation or any and all other obstructions of any kind or description. Section 5. The City Attorney is hereby authorized and di- rected to begin and prosecute the proceedings provided by law to condemn, take, appropriate and damage the land, rights, privileges and other property necessary to carry out the provisions of this ordinance, and he is further authorized in conducting said proceed- ings and for the purpose of minimizing damages to stipulate as to the use of the property hereby authorized to be condemned and ap- propriated and as to the reservation of any right of use to any owner, provided that such reservation does not interfere with the use of said property by the City as provided by this ordinance. APPROVED: ATTEST: — -- -{ - , - ----- - -- MAYOR CITY CLERK PASSED BY THE CITY COUNCIL: September 16, 1969 FILED WITH THE CITY CLERK: September 16, 1969 PUBLISHED: September 24, 1969 EXHIBIT "A" Page 1 of 5 pages EXHIBIT "A" PARCEL NO. 1: BEFORE TAKING: All that portion of Government Lot 2 in Section 7, Township 27 N., R. 4 E.W.M, described as follows: Commencing at the northeast corner of said Government Lot 2; thence north 890315" west along the north line of said Government Lot 2, a distance of 20.00 feet to an intersection with the west margin of 76th Avenue West; thence south 1011'45" west, along said west margin, a distance of 306.70 feet; thence north 38005141" west, a distance of 76.63 feet to the true point of beginning of the tract of land herein described; thence continuing north 38005'41" west, a distance of 122.13 feet; thence south 51054119" west, a distance of 90.82 feet; thence south 38005'41" east, a distance of 122.13 feet; thence north 51054'19" east, a distance of 90.82 feet to the true point of beginning, all situate in Snohomish County, Washington. TAKING• The northwesterly 10 feet of the above described property. PARCEL NO, 2: BEFORE TAKING: All that portion of the SE 1/4 of the NE 1/4 of Section 7, T 27 N, R 4 EWM, described as: Beginning at the East 1/4 corner of said Section 7; thence N 1011145"E, 602.27 feet; thence N 61033'10"W, 22.50 feet to the westerly margin of the Meadowdale Road and the True Point of Beginning; thence continuing N 61033'10"W, 198.53 feet to a point of curve; thence on a "curve*'to, the: right; ::having a- radius of- 120, feet, for 80.69 feet; thence N 23001130" W, 141.15 feet; thence N 9021130" W, 76.47 feet to a point of curve; thence on a curve to the right, having a radius of 170 feet, for 67.93 feet; thence N 13°32'10" E, 10.92 feet to a point of curve; thence on a curve to the left, having a radius of 150 feet, for 118.07 feet to the point of tangent of said curve to the left, the tangent of which bears N 31033148" W; thence S 89003105" E, 75.21 feet; thence S 38005141" E, 386.41 feet to the westerly margin of the Meadow - dale Road; thence S 1011145" W, along said westerly margin, 244.88 feet to the True Point of Beginning. LESS the westerly 40 feet thereof for County Road, situate in Snohomish County, Washington. TAKING: A parcel of land lying within the above described property being 15 feet in width lying 7.5 feet on each side of and adja- cent to the following described centerline. Beginning at the intersection of the northeasterly line of the above property with the westerly margin of Meadowdale Road; thence N 38°05'41" W, 310 feet to the True Point of Beginning of the herein described centerline; thence S 84024119" W, 63 feet, more or less, to the easterly margin of Bertola Road and the terminus of the herein described centerline. PARCEL NO. 3: BEFORE TAKING: That portion of Government Lot 2 in Section 7, T 27 N, R 4 EWM, described as follows: Commencing at the NE corner of said Government Lot 2, thence N 89003105" W, along the north line of said Government Lot 2, a distance of 20.0 feet to an intersec- tion with the west margin of 76th Avenue West; thence S 1011145" W, along said west margin, a distance of 275.12 feet; thence N 38005141" W, a distance of 15.79 feet to the True Point of Beginning of the tract of land herein described; thence continu- ing N 38005141" W, a distance of 275.09 feet; thence S 51054119" West, a distance of 20.00 feet; thence S 38005141" E, a distance EXHIBIT "A" Page 2 of 5 pages of 299.53 feet; thence N 1011145" E, along a line parallel with and 30.0 feet distant westerly, when measured at right angles, from the east line of said Government Lot 2, a distance of 31.58 feet to the True Point of Beginning, situate in Snohomish County, Washington. TAKING: The southeasterly 10 feet of the northwesterly 130 feet of the above described property. PARCEL NO. 4: BEFORE TAKING: That portion of Government Lot 2 in Section 7, T 27 N, R 4 EWM, described as follows: Commencing at •the northeast cor- ner of said Government Trot 2, thence N 89003105" W} along the north line of said Government Lot 2, a distance of 20.0 feet to an intersection with the west margin of 76th Avenue West; thence S 1011'45" W, along said west margin] a distance of 275.12 feet; thence N 38005141" W, a distance of 15.79 feet to the True Point of Beginning of the Tract of land herein described; thence con- tinuing N 38005'41" W, a distance of 275.09 feet; thence S 51054' 19" W, a distance of 20.00 feet; thence S 38005'41" E, a distance of 299.53 feet; thence N 1011'45" E, along a line parallel with and 30.0 feet distance westerly, when measured at right angles, from the east line of said Government Lot 2, a distance of 31.58 feet to the True Point of Beginning, situate in Snohomish County, Washington. TAKING: The southeasterly 10 feet of the northwesterly 130 feet of the above described property. PARCEL NO. 5: BEFORE TAKING: Beginning at the east quarter corner of Section 7, T 27 N, R 4 EWM, thence north 1011'45" E, 900.47 feet; thence west 771.26 feet to the True Point of Beginning; thence N 81012137" W, 400.77 feet; thence along the Government Meander Line north 46002145" E, 77.30 feet; thence N 32017145" E, 47.70 feet; thence S 89003'05" E, 314.97 feet; thence south 150 feet to the Point of Beginning. Except the Great Northern R.R. Right -of -Way. All situate in Snohomish County, Washington. TAKING: Three parcels of land lying within the above described property, said parcels being more particularly described as follows: Parcel No. A: The northerly 5 feet of the easterly 225 feet of the above described property. Parcel No. B: A strip of land lying within the above described property 10 feet in width lying 5 feet on each side of, and adjacent to, the following described center- line. Beginning at the northeast corner of the above des- cribed property; thence north 89003105" W, 217 feet to the True Point of Beginning of the herein described centerline; thence southerly in a straight line to a point on the southerly line of the above described property, said point being N 81012137" W, 305 feet from the southeast corner of the above described property, said point being the termi- nus of the herein described centerline. Parcel No. C: The southerly 5 feet of the westerly 15 feet of the easterly 305 feet of the above described property. PARCEL NO. 6: BEFORE TAKING: Beginning 702.65 feet south and 286.25 feet west of the northeast corner of Section 13, T 27 N, R 3, EWM, thence north 5002'36" W, 249.57 feet; thence on a curve to the right having a radius of 15 feet for 23.56 feet; thence N 84057124" E, 84.64 EXHIBIT "A" Page 3 of 5 pages feet; thence south 6039' W, 60.58 feet; thence S 20002' W, 90.45 feet; thence S 8035' W, 89.82 feet; thence S 31053'54" W, 46.35 feet to the Point of Beginning, situate in Snohomish County, Washington. TAKING: The North 10 feet of the above described property. PARCEL NO. 7: BEFORE TAKING: Beginning at the northeast corner of Section 13, T 27 N, R 3, EWM, thence S 0021136" E, 634.46 feet; thence S 66044' W, 327.60 feet; thence N 5002'36" W, 31.59 feet to the True Point of Beginning said point being on the north margin of the County Road; thence N 5002'36" W, 310 feet; thence N 84057'24" E, 59.42 feet; thence S 7008' E, 16..01 feet; thence S 8405724" W 29.00 feet to the point of a curve to the left having a radius of 15.00 feet; thence following said curve to the left 23.56 feet; thence S 5002'36" E, 272.73 feet to a point on the north margin of the County Road; thence S 66044' W, 16.85 feet to the Point of Begin- ning, situate in Snohomish County, Washington. TAKING: Beginning at the northeast corner of Section 13, T 27 N, R 3, EWM, thence S 0021'36" E, 634.46 feet; thence S 66044' W, 327.60 feet; thence N 5002'36" W,31.59 feet to the True Point of Beginning said point being on the north margin of the County Road; thence N 5002'36" W, 310 feet; thence N 84057'24" E, 59.42 feet; thence S 7008' E, 16.01 feet; thence S 84057124" W, 29.00 feet to the point of a curve to the left having a radius of 15.00 feet; thence following said curve to the left 23.56 feet; thence S 5°02'36`",E, 272.73• feet to: a-­p6int on. the north margin of the County Road; thence S 66044' W, 16.85 feet to the Point of Begin- ning, situate in Snohomish County, Washington. PARCEL NO. 8: BEFORE TAKING: Lot 14, Talbot Park, according to the plat thereof, as recorded in Volume 12 of Plats, page 107, records of Snohomish County, Washington. TAKING: The northerly 15 feet of the above described property. PARCEL NO. 9: BEFORE TAKING: Lot 15, Talbot Park, according to the plat thereof, as recorded in Volume 12 of Plats, page 107, records of Snohomish County, Washington. TAKING: The northerly 10 feet of the above described property. PARCEL NO. 10: BEFORE TAKING: Lot 16, Talbot Park, according to the plat thereof, as recorded in Volume 12 of Plats, page 107, Records of Snohomish County, Washington. TAKING: The northerly 10 feet of the above described property. PARCEL NO. 11: BEFORE TAKING: The South half of Lot 37, Talbot Park, according to the plat thereof as recorded in Volume 12 of Plats, page 107, records of Snohomish County, Washington. EXHIBIT "A" Page 4 of 5 pages TAKING: The south 10 feet of the west 350 feet of said Lot 37, together with a parcel of land 10 feet in width lying 5 feet on each side of and adjacent to the following described centerline. Beginning at a point on the south line of Lot 37, said point being 313 feet west of the intersection of said south line with the westerly margin of Talbot Road; thence N 1000100" E 90 feet more or less to the north line of the south half of Lot 37 and the terminus of the herein described centerline. All located in the above described property. PARCEL NO. 11A: BEFORE TAKING: The south half of Lot 37„ Talbot Park, according to the plat thereof as recorded in Volume 12 of Plats, page 107, records of Snohomish County, Washington. TAKING: The south 10 feet of the west 350 feet of said Lot 37, together with a parcel of land 10 feet in width lying 5 feet on each side of and adjacent to the following described centerline. Beginning at a point on the south line of Lot 37, said point being 215 feet west of the intersection of said south line with the westerly margin of Talbot Road; thence N 1000100" E, 82 feet more or less, to the north line of the south 1/2 of Lot 37, and the terminus of the herein described centerline. All located in the above described property. PARCEL NO. 12: BEFORE TAKING: The north half of Lot 37, Talbot Park, according to the plat thereof, as recorded in Volume 12 of Plats, page 107, records of Snohomish County, Washington. TAKING: The northerly 10 feet of the westerly 70 feet of the east- erly 390 feet of said Lot 37, together with a parcel of land 10 feet in width lying 5 feet on each side of and adjacent to the following described centerline. Beginning at a point on the north line of Lot 37, a distance of 320 feet, N 82042'12" W of the intersection of said north line with the westerly margin of Talbot Road; thence S 1000'00" W, 90 feet, more or less, to the south line of the north half of Lot 37, and the terminus of the herein described centerline. All located in the above described proper- ty. PARCEL NO. 12A: BEFORE TAKING: The north 1/2 of Lot 37, Talbot Park, according to the plat thereof, as recorded in Volume 12 of Plats, page 107, records of Snohomish County, Washington. TAKING: The northerly 10 feet of the westerly 175 feet of the easterly 390 feet of said Lot 37, together with a parcel of land 10 feet in width lying 5 feet on each side of and adjacent to the following described centerline. Beginning at a point on the north line of Lot 37, a distance of 218 feet, N 82042'12" W of the inter- section of said north line with the westerly margin of Talbot Road; thence S 1000'00" W, 81 feet, more or less, to the south line of the north 1/2 of Lot 37, and the terminus of the herein described centerline. All located in the above described property. PARCEL NO. 13: BEFORE TAKING: Lot 21, Talbot Park, according to the plat thereof as re- coided in Volume 12 of Plats, page 107, records of Snohomish County, Washington. EXHIBIT "A" Page 5 of 5 pages TAKING: A parcel of land lying within the above described property said parcel of land being 6 feet in width lying 3 feet on each side of, and adjacent to, the following described centerline. Beginning at the southwest corner of said Lot 21; thence north 19026105" W, 207 feet to the True Point of Beginning of the herein described centerline; thence easterly in a straight line to a point on the easterly line of Lot 21, distance thereon, 208 feet, N 9619140"W,from the southeast corner thereof. Said point being the terminus of the herein described centerline. PARCEL NO. 14: BEFORE TAKING: Lot 33, Talbot Park, according to the plat thereof as re- corded in Volume 12 of Plats, page 107, records of Snohomish County, Washington. TAKING: The northerly 10 feet of the easterly 235 feet, together with the northerly 15 feet of the westerly 42.93 feet of said Lot 33, described above; also a 10 foot strip 5 feet on each side of and adjacent to the following described centerline. Beginning at a point on the line common to lots 32 & 33 in said Plat of Talbot Park, said point being 250 feet westerly of the northeast corner of said Lot 33; thence southerly in a straight line, 120 feet, more or less, to a point on the southerly line of Lot 33, said point being 245 feet westerly of the southeast corner there- of. All situated in the above described property.