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Ordinance 1527ORDINANCE NO. /C,x 7 AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, PROVIDING FOR THE ACQUISITION OF RIGHT-OF-14AY FOR STREET PURPOSES FROM CERTAIN PARCELS OF PROPERTY, PROVIDING FOR THE AUTHORIZATION FOR 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 EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. The public health, safety, necessity, and convenience demand, and the City Council so finds, that the improvement of 9th Avenue South, a/k/a 100th Avenue West from its intersection with Edmonds Way, situate in Edmonds, Washington, south to the city limits of the City of Edmonds, 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 Exhibit °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 and tracts of land described hereinabove are hereby condemned, appropriated, taken and damaged for public use and necessity for street, drive or boulevard purposes; and all such lands, 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-(02) Phase II and/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 damages to stipulate as to use of the property or rights hereby authorized to be condemned 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. APPROVED: —kWVA-'�� ' H. H. HARRISON MIAYOR ATTEST: IRENE VARNMEY ORAIV CITY CLERK PASSED BY THE CITY COUNCIL: January 5, 1971 FILED WITIx THE CITY CLERK: January 5, 1971 PUBLISHED, January 13, 1971 N EXHIBIT "A" PARCEL NO. 4 BEFORE TAKING: Lot 1, Bergquist Addition, according to the plat thereof recorded in Volume 15 of Plats on page 105, records of Snohomish County, Washington. TAKING: Fee title to the westerly -most 7 1/2 feet of the above -described real property together with a license for construction of necessary cut and/or fill slopes not to exceed 1 horizontal foot on the adjacent property. Said taking contains 0.006 acre, more or less. PARCEL NO. 5 BEFORE TAKING: Lot 2 of Bergquist Addition, according to the plat thereof recorded in Volume 15 of Plats on page 105, records of Snohomish County, Washington. TAKING: Fee title to the westerly -most 7 1/2 feet of the above -described real property together with a license for construction of necessary cut and/or fill slopes not to exceed 1 horizontal foot on the adjacent property. Said taking contains 0.013 acre, more or less. PARCEL NO. 6 BEFORE TAKING: Lot 3, Bergquist Addition, according to the plat thereof recorded in Volume 15 of Plats on page 105, records of Snohomish County, Washington. TAKING: Fee title to the westerly -most 7 1/2 feet of the above -described real property together with a license for construction of necessary cut and/or fill slopes not to exceed 1 horizontal foot on the adjacent property. Said taking contains 0.011 acre, more or less. PARCEL 140. 7 BEFORE TAKING: Lot 4, Bergquist Addition, according to the plat thereof recorded in Volume 15 of Plats, on page 105, records of Snohomish County, Washington. TAKING: Beginning at a point on the south line of said Lot 4, above described, said point being 1.61 feet east of the southwest corner thereof; thence west 1.61 feet to said southwest corner; thence along the west line of Lot 4 to the northwest corner thereof; thence along the north line of said lot a distance of 7.5 feet; thence southerly in a straight line to the point of beginning. Together with a license for contruction of necessary cut and/or fill slopes not to exceed 1 horizontal foot on the adjacent property. Said taking contains 501 square feet, more or less. OA