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Ordinance 1525ORDINANCE NO. AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON PROVIDING FOR THE ACQUISITION OF RIGHT-OF-WAY FOR STREET PURPOSES FROM CERTAIN PARCELS OF PROPERTY, PROVIDING FOR THE AUTHORIZATION OF THE CITY ATTORNEY TO INITIATE PROCEEDINGS FOR CONDEMNATION , APPROPRIATION, TAKING AND DAMAGING OF LAND AND OTHER PROPERTY NECESSARY THEREFOR; DECLARING THE NECESSITY THEREFOR; AND PROVIDING FOR PAYMENT THEREOF. THE CITY COUNCIL OF THE CITY OF tDMONDS, 6-ASHINGTON, DO ORDAI14 AS FOLLOE^IS Section 1. The public health, safety, necessity, and convenience demand, and the City Council so finds, that the improvement of 76th Avenue West from 196th S. 13. to approximately 175 feet north of its intersection with Olympic View Drive situate in Edmonds, Washington, by the construction of concrete sidewalks on each side of said street, drive or boulevard, standard curbs and gutters, by paving the said street, drive or boulevard with asphaltic type concrete, providing necessary drainage and any necessary grading or base preparation and related work necessary to make a complete improvement in accordance with applicable City and State standards; that said improvement is necessary for the public health, safety, necessity, welfare and convenience and that said improve- ment be established over, across, upon and beneath certain properties and lands as described in Exhibit "A" attached hereto and hereby incorporated in full by this reference. That the interest sought in the parcels described in Lxhibit "A" is for right-of-way over, across, through and below a portion of said parcels as described. Section 2. All lands, rights and privileges sought within the limits of the lots, blocks anc tracts of land described hereinabove are hereby condemned, appropri- ated, taken and damaged for public use and necessity for street, drive or boulevard purposes; and all such lands, -41 2 rights, privileges and other property sought are to be taken, damaged and appropriated only after just compensation has been made or paid in the court for the owners thereof in the manner provided by law. Section 3. The entire cost of the improvement provided for herein shall be paid by general funds of the City applicable thereto and from Urban Arterial Board Project No. 8--1-139- (01) Phase III or such other funds as shall be designated or created by the City Council of the City of Edmonds. Section 4. The City Attorney is hereby authorized and directed to begin and prosecute the proceedings provided by law to condemn, take, appropriate and damage the lands, rights, privileges and other property necessary to carry out the provisions of this ordinance and he is further authorized in conducting said proceedings and for the purpose of minimizing dar:aages to stipulate as to use of the property or rights hereby authorized to be conder,-ned and appropriated, the size of such appropriation and as to the reservation of any right of use to any owner, provided that said stipulation does not interfere with the use of said property by the City as provided by this ordinance. APPROVLD : H .' Ii . HARRI S ON MAYOR ATTL:ST: I RIE14h VARNEY IvYO d CITY CLERK PASSED BY THE CITY COUNCIL: December 15, 1970 FILED WITH THE CITY CLERK: December 15, 1970 PUBLIShED: December 23, 1970 2 EXHIBIT "A" PARCLL NO. 27 BLFORL TAKING, Lot 26, Dellwood Village, according to the plat thereof recorded in Volume 16 of Plats, page 93, records of Snohomish County, Washington. TAKING License for construction of necessary cut and/or fill slopes and rock retaining wails on the northeasterly -- most 25 feet of the above -described real property. PARCEL NO. 28 B FORE TAi:I1 Gj Lot 26, Dellwood Village, according to the plat thereof recorded in Volume 16 of Plats, page 93, records of Snohomish County, Washington. TA.^:IIvG A license for construction of slope and rock wall on the northeasterly 25 feet of the above -described property. PARCEL NO. 35 DEFORE `r'AKING 4 Lot 7, Helan .icl.inley Park, according to the plat thereof, records of Snohomish County, 4ashington. TAKIi, G A license for construction of necessary cut or fill slopes on the easterly -most 7 feet of the above -described property. PARCEL NO. 37 :3LFORi: TAKING: Lot 5 of helan McKinley Park, according to the plat thereof, records of Snohomish County, Washington. TAXING A license for construction of necessary cut or fill slopes on the easterly -most 8 feet of the above -described property. PARCI:;L NO. 38 BEFORE TAZMJG Lot 4, helan HcKinley Park, according to the plat thereof, records of Snohomish County, Washington. TIU:IdG : A license for construction of necessary cut or fill slopes on the easterly -most 7 feet of the above -described property. PARCIM No. 39 BEFORE TAK.I7G: Tract 103, Edmonds Sea View Tracts, according to plat thereof recorded in Volume 3 of Plats, page 76, records of Snohomish County, Washington, LXCEPT the north 100 feet thereof. TAKING Fee title to the easterly --most 10 feet of the above - described real property together with a license for construction of necessary cut and/or fill slopes not to extend more than 7 horizontal feet on the adjacent property. PARCEL 14O. 40 BEFORE TAKING: The north 100 feet of Tract 103, Edmonds Sea View Tracts, according to plat thereof recorded in Volume 3 of Plats, page 76, records of Snohomish County, Washington. TAKING. The easterly --most 10 feet of the above --described real property. PARCEL Ao . 41 BEFORL TAKII4G The south 52 feet of Tract 107, Edmonds Sea View Tracts, according to plat thereof recorded in Volume 3 of Plats, page 76, records of Soohowish County, Washington. TAiUNG The easterly --most 10 feet of the above -described real property. PARCEL NO. 42 LEFORE TAKING: The north 100 feet of the south 152 feet of the east 125 feet of Tract 107, Edmonds Sea View Tracts, according to plat thereof, recorded in Volume 3 of Plats, page 76, records of Snohomish County, Washington. TAKIi�G : The east 10 feet of the above -described real property. PARCEL NO. 44 BEFORi, TAKING Parcel A. The north 80 feet of the east 100 feet E of Tract 107, Ldmonds Sea View Tracts, according to plat thereof recorded in Volume 3 of Plats, page 76, records of Snohomish County, Washington. Parcel B< Tract 106, Edmonds Sea View Tracts, according to plat thereof recorded in Volume 3 of Plats, page 76, lying southerly of Olympic View Drive and easterly of a line described as follows; Beginning at the intersection of so View Drive and east line of said Tr 70034'11`° west along said southerly Drive 31.72 feet to point of curve radius of 277.15 feet; thence along 15 feet to true Point of Beginning south 10°36'30" west 49.08 feet to 106 and end of said line. TAXING utherly line of Olympic act 106; thence north line of Olympic View to the right having a said curve to the right of said line; thence south line of Tract The east 10 feet of the above -described real- property. PARCEL No. 62 BEFORE TAKING Lot 15, Robert E. Thomas Third Addition, according to plat thereof, records of Snohomish County, Washington. TAKIJ.4 G A license for the construction of cut and/or fill slopes on the easterly -most 5 feet of the above described real property. PARCEL NO. 68 BEFORE TAKING The north half of the north half of the north half of the southeast quarter of the southeast quarter of Section 18, Township 27 N, Range 4 E, 14.11., situate in Snohomish County, Washington; EXCEPT the west 891 feet thereof and EXCEPT road on the east known as 76th Avenue Zest. And together with the south 30 feet of the east 100 feet of the west 891 feet of the north half of the north half of the north half of the southeast quarter of the southeast quarter of Section 18, Township 27 N, Range 4 L, t7.1`f., situate in Snohomish County, Washington. TAKING: Fee title to the easterly -most 10 feet of the above - described real property together with a license to construct cut and/or fill slopes not to. exceed 8 horizontal feet on the adjacent property. 3