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Ordinance 1536ORDINANCE NO. IS-36 AN ORDINANCE ORDERING THE IMPROVEMENT OF CERTAIN PROPERTY IN THE CITY OF EDMONDS BY CONSTRUCTING CONCRETE SIDEWALKS, STANDARD OR ROLLED CURBS A14D GUTTERS, BY PAVING THE STREET WITH ASPHALTIC TYPE CONCRETE, PROVIDING NECESSARY DRAINAGE AND ANY NECESSARY GRADING OR BASE PREPARATION OR RELATED WORK NECESSARY TO MAKE A COMPLETE IMPROVEMENT IN ACCORDANCE WITH APPLICABLE CITY STANDARDS; CREATING AN ASSESSMENT DISTRICT BEING LOCAL IMPROVEMENT DISTRICT NO. 184; PROVIDING THAT PAYMENT OF SAID IMPROVEMENT BE MADE BY SPECIAL ASSESSMENTS UPON THE PROPERTY OF SAID DISTRICT, PAYABLE BY THE MODE OF "PAYMENT OF BONDS", NOT TO EXCEED $4.00 PER ZONED FRONT FOOT, THE BALANCE TO BE PAID FROM MONEY AVAILABLE TO THE CITY OF EDMONDS; PROVIDING FOR THE ISSUANCE AND SALE OF LOCAL IMPROVEMENT DISTRICT WARRANTS AND LOCAL IMPROVEMENT DISTRICT BONDS; AND CREATING A SPECIAL IMPROVEMENT FUND, DISTRICT NO. 184. WHEREAS, by Resolution of Intention No. 235 adopted on the 5th day of January, 1971, the City Council of the City of Edmonds declared its intention to create a local improvement district as hereinafter set forth and all work necessary to make a complete improvement in accordance with the plans and specifications prepared by the City Engineer, and WHEREAS, due notice of the hearing upon said Resolution of Intention No. 235 was given in the manner as provided by law and such hearing was held by the City Council as aforesaid, and all persons appearing at said hearing were heard, all written protests .filed with the City Council on or before said date were duly considered and rejected by the City Council, and WHEREAS, the City Council has now determined it to be in the best interests of the City that said improvement as hereinafter described be carried out and that a local improvement district be created in connection therewith, now, therefore, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON DO ORDAIN AS FOLLOWS: - 223 - Section 1. The following property within the City of Edmonds, Washington is hereby ordered to be improved by the construction of concrete sidewalks on each side of the street, standard or rolled curbs and gutters, by paving the street 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 standards, as follows: Ninth Avenue (a%k/a 100th Ave. West) from Casper to 232nd St. S.W., all situate in the City of Edmonds, State of Washington. The foregoing shall be carried out in accordance with the maps, plans and specifications therefor prepared by Reid, Middleton & Associates, Inc., consulting engineers for this project, copies of which are on file in the office of the City Clerk, and the same are hereby adopted. Section 2. There is hereby created and established a local improvement district to be called "Local Improvement District No. 184", the boundaries of which are described by Exhibit "A" a copy of which is attached hereto and by this reference incorporated herein as if set forth in full. Section 3. The cost and expense of said improve- ment shall be assessed upon all the property in the district in accordance with the zone -and -termini method of assess- ment provided by law not to exceed $4.00 per zone front foot and the balance to be paid from monies available to the City of Edmonds, including that granted from the Urban Arterial Fund of the State of Washington. Section 4. The estimated cost and expense of said improvement lying within the proposed district is hereby declared to be $1,409,500 of which the City of Edmonds in conjunction with the State of Washington Urban Arterial Board will pay the estimated sum of $1,311,749.76. The -2- cost and expense of said improvement, including all labor and materials required to make a complete improvement, all engineering, surveying, legal, inspection, ascertaining of ownership of the lots or parcels of land included in the assessment district, advertising, mailing and publication of notices, accounting, administrative, printing, costs of acquisition, and other expenses incidental thereto, shall be borne by and assessed against the property specially benefited by such improvement including in the local improvement district established, embracing, as near as may be, all property specially benefited by such improve- ment, in the estimated sum of $77,750.24 representing $4.00 per zone front foot, PROVIDED, further that at the time fixed for hearing objections to the confirmation of the assessment roll, and at the time to which the hearing may be adjourned, the City Council may correct, revise, raise, lower, change or modify the roll or any part thereof, or set aside the roll and order the assessment to be made de novo and at the conclusion thereof confirm the roll by ordinance. Section 5. Local Improvement District Warrants shall be issued in payment of the portion of the cost and expense of the improvements herein ordered to be specially assessed, such warrants to be payable out of the "Local Improvement Fund, District No. 184" hereinafter created, to bear interest from the date thereof at a rate not to exceed eight per cent per annum and to be redeemed in cash and/or by local improvement district bonds herein authorized to be issued. The costs and expenses of the improvement in the estimated sum of $77,750.24 as pro- vided herein, shall be defrayed and the bonds shall be redeemed by the collection of special assessment to be levied and assessed upon the property within said district, -3- payable in ten equal installments, with interest at the rate to be hereafter fixed by ordinance not exceeding eight per cent per annum under the mode of "payment by bonds". The bonds shall bear the rate of interest at no more than eight per cent per annum, payable on or before twelve years after the date of issue. Section 6. All the work necessary to be done in connection with the making of said improvement shall be done by and made by contract upon competitive bids and the City shall have and reserves the right to reject any and all bids. Section 7. There is hereby created and established for Local Improvement District No. 184, a special fund to be known and designated as "Local Improvement Fund, District No. 184," into which fund shall be deposited the proceeds from the sale of interest bearing warrants drawn against said fund which may be issued and sold by the City, and the aggregate of the several amounts assessed, levied and collected on the lots and parcels of land in said local improvement district; and against which funds shall be issued cash warrants for the costs and expenses in connection with said improvement as the same may become due in the estimated sum of $77,750.24 provided herein, and against which funds shall be paid the bonds and the interest thereon. Section S. At the time of preparing the final assessment roll there shall be given as a credit the sum of $4.00 per zone front foot to those properties within Local Improvement District No. 184 that have previously participated in a preceding local improvement district for the installation of improvements consisting -4- of curbs, gutters and sidewalks; and, similarly, there shall be a credit of $2.00 per zone front foot to those properties having participated in a preceding local improvement district for the installation of improvements consisting of curbs and gutters. APPROVED: 1 t-�tt C.�Ean i MAYOR ATTEST: PASSED BY THE CITY COUNCIL: March 2, 1971 FILED WITH THE CITY CLERK: March 2, 1971 PUBLISHED: March 10, 1971 -5- :,'�.I.D. NO. 184 Exhibit "A' Begin at the NE corner of the SE 1/4 of the NW 1/4 of Section 24, iu., Ranee 3 East, ';;.M., and run thence 'nest along the North line of said subdivision; 315.0 feet; thence southerly parallel to the east line of said subdivision, 350.0 feet; thence southeasterly to a point which is 294.0 feet west and 600.9 foot south of the aforesaid NE corner; thence southwesterly to a point on the south line of said subdivision which point is 302.0 feet west of the SW corner of said subdivision; thence south, parallel to and distant 285,0 feet from the West margin of 9th Avenue In the City of Edmonds, Washington to the South margin of Cedar Street; thence East along said South margin to intersect a line parallel to and distant 150 feet 'nest of the ',,lest margin of 9th Avenue; thence South along said parallel line to the South Margin of Pine Street; thence East along the South margin of Pine Street to the North- west corner of Lot 1, Block l of Yost's First Addition to Edmonds, according to the plat thereof recorded in Volume 8 of Plats, page 6, records of Snohomish County, Washington; thence southerly in a straight line to the southwest corner of Lot 1, Block 12, said Yost's First Addition; thence East along the South lire of said Lot 1, Block 12, 51.36 feet; thence South, parallel to the West margin of 9th Avenue to the southerly margin of Sea Vista Place; thence westerly, along the southerly line of Sea Vista Place to intersect a line parallel to and distant 150 feet West of the ',,lest margin of 9th Avenue; thence South along said parallel line to the southerly margin , of ElmWay; thence easterly along said southerly margin of Eim Way to intersect a line parallel to and distant 90 feet West of the West margin of 100th Avenue West; thence South along said parallel line to a point which is 30.0 feet South of the most northerly line of Lot 3 of Coronado Park according to plat thereof recorded in Volume 23 of Plats, page 33, records of Snohomish County, Washington; thence West, parallel to said most northerly line of Lot 3 to the northeast corner of Lot 2 said Coronado Park; thence South, parallel to the West margin of 100th Avenue West to the South margin of 14th Street S.W.; thence East along the south margin of 14th Street S.W., 58.0 feet; thence South parallel to the West margin of 100th Avenue West to the South line of 15th Street S.W.; thence West 210 feet; thence South, parallel to the West margin of 100th Avenue West to the north line of Block 3 of Westgate Park Division 1, according to'the plat thereof recorded in Volume 13 of Plats, page 31, records of Snohomish County, Washington; thence Southeasterly, in a straight line, to a point which is 85'feet North and 100 feet ',,lest of the Southeast corner of Lot 2 said Block 3; thence South, parallel to the ',,lest margin of 100th Avenue '.hest to the Northerly line of Lot 9, Block 2 of Division No. 2 of Westgate Park, according to the plat thereof .recorded in Volume 13 of Plats, page 41, records of Snohomish County, Washington, thence Westerly along the Northerly tine of Lots 9 and 8 in said Block 2 to intersect a line parallel to and distant 160 feet West of the East line of said Block 2; thence South along said parallel line to the South line of Lot 10 said Block 2; thence East to the Southeast corner said Lot 10; thence Southeasterly in a straight line to the southwest corner of Lot 4 of Berquist Addition, according to the plat thereof recorded in Volume I5 of Plats, page 105, records of Snohomish County, Washington; thence East along the South line of Lots 4 and 5 of said Berquist Addition, 150 feet; thence northerly, in a straight line to a point in the Nor` t h 1 i 6 -of Asa i d ;tot -5, Which po knt i s 157 ; 5 feet East of the :o; t h- west corner ;of ;said ;totIA; ;thence. North 'para I 1 e l tc the .center I i no of 100t";, . Avonue / Test to the North 106 ne of the South 1 /2 of the N',,! 1/4, N'd 1/4, NE 1/4 of Soct i on 35, Township 27 North, Range 3 East, W.M.; thence West along said North line, 157.5 feet; thence North parallel to said centerline of 100th Avenue West to the South- west corner of Hill View Terrace Replat; according to the plat thereof recorded in Volume 21 of Plats, page 99, records of Snohomish County, Washington; thence East along the South line of said Hill Vise,, Terrace, 287 feet; -thence North in a straight line to the Southeast corner of Lot 4, said Hill View Terrace; thence North along the East line said Lot 4 and the east line of Lot 3 to the North line said Hill View Terrace; thence West along said North line to the East margin of 100th Avenue West; th_enco North along said East margin of 100th Avenue West to intersect a line parallel to and distant 166 feet South of the South line of Block A of Twin View Estates Division I, according to the plat thereof recorded in Volume 17 of Plats, page 56, records of Snohomish County, Washington; thence east along said parallol line 225.35 feet; thence North 24°41'07"E, 180. feet, more or less, to the South line of said Twin View Estates; thence ',,lest along said South line of Twin View Estates to a point 90 foot East of the Southwest corner thereof; thence north, parallel to'thio East margin of 100th Avenue West to the North margin of 220th Street S.W.; thence East, 210 feet; thence North parallel to the East margin of 9th Avenue to the North margin of Bell Street; thence West, 100 feet; thence North parallel to the East margin of. 9th Avenue to the North margin of Edmonds Street; thence East, 100 feet; thence North parallel to the East margin of 9th Avenue to the South line of Tract 8, Puget Sound Machinery Depot Five ,Acre Tracts, according to the plat thereof recorded in Volume 5 of Plats, page 47, records of Snohomish County, Washington; thence Northerly in a straight line to a point which is 360 feet North and 321.0 feet East of the South- west corner of sa►d.Tract 8; thence North, parallel to the ',,lest line of said Puget Sound Machinery Depot Five Acre Tracts to the `forth margin of Carol Way; thence West- along said north margin 20 feet; thence North 120 feet; thence Northerly in a straight line to a point on the South line of Tract 5 said Puget Sound Machinery Depot Five Acre Tractswhich point is 280 feet East of the Southwest corner of said Tract 5;'thence North parallel to the East margin of 9th Avenue to the North line said Tract 5; thence West to the Northwest corner thereof; thence Westerly to the .nnint of heninninn.