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Ordinance 25970006.19155 WSS/naa 12/11/86 ORDINANCE NO. 2597. AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, VACATING THAT PORTION OF CERTAIN DEDICATED BUT UNBUILT RIGHT-OF-WAY OF 6TH AVENUE SOUTH, AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE WHEREAS, pursuant to ordinance and statute, the City Council of the City of Edmonds, Washington, held a public hearing to consider the proposed vacation (ST-3-86) of the westerly fifteen (15) feet of the dedicated but u nbuilt right-of-way of 6th Avenue South, and WHEREAS, pursuant to the findings of the City's Responsible Official, the City Council finds that there will be no significant adverse environmental impacts, and WHEREAS, the Council found at the conclusion of said public hearing based upon the findings and recommendations of its hearing officer and upon the testimony derived at the hearing that the property should be vacated without the payment of further compensation but subject to the reservation of an easement for public utilities and a pedestrian walkway, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. That the following described right-of-way previously dedicated for street purposes is hereby vacated. Said easement is located within the City of Edmonds, Snohomish County, Washington, and is described as the westerly fifteen (15) feet of the dedicated but unbuilt right-of-way of 6th Avenue South, as shown and legally described on Exhibit A attached hereto and incorporated by this reference as if fully herein set forth, Provided, that this vacation is subject to the express reservation and retention of an easement for public utilities and a pedestrian walkway over said described area. Said vacation is made to and in favor of the present and future owners of the common areas of Phase II, Willow Creek according to the plat and covenants thereof. Section 2. The City Clerk is hereby directed to file a certified copy of this ordinance with the Snohomish County Auditor. Section 3. This ordinance, being an exercise of a power specifically delegated to the City legislative body, is not subject to referendum, and shall take effect five (5) days after passage and publication. APPROVED YOR, LARk'4 S . "NAUGHTEN ATTEST/AUTHENTICATED: TY CLERK, JACQUELINE PARRETT APPROVED AS TO FORM: OFFICE V THE ITY ATTORNEY: By FILED WITH THE CITY CLERK: December 12, 1986 PASSED BY THE CITY COUNCIL: December 16, 1986 PUBLISHED: January 3, 1987 EFFECTIVE DATE: January.8, 1987 ORDINANCE NO. 2597 EXHIBIT A The east 15.0 feet of the northwest quarter of the northwest quarter of the southwest quarter of Sec. 25, Township 27N, Rge 3 East, W.M., .lying south of the following described portion: That portion of the northwest quarter of the northwest quarter of the southwest quarter of Section 25, Township 27 North, Range 3 East, W.M more particularly described as follows: Beginning at the northeast corner of the northeast quarter of the northwest quarter of the northwest quarter of the southwest quarter of said Section 25; thence S 1°03'25" W, along the east line of said Subdivision a distance of 106.46 feet to an intersection with a curve to the left from which intersection the radius point of said curve bears S 70°50'21" E; thence southerly along the arc of said curve to the left, having a radius of 505.00 feet and consuming a central angle of 18106'14", a-n arc distance of 159.57 feet to the point of tangency; thence S 1°03'25" W, a distance of 56.74 feet to the point of curvature of a curve to the right; thence southwesterly along the'arc of said curve to the right, having a radius of 15.00 feet and consuming a central angle of 52°01'12", an arc distance of 13.62 feet, to the point of reverse curve; thence southeasterly along the arc of a curve to the right, having a radius of 50.00 feet, and consuming a central angle of 142°01112", an arc distance of 123.94 feet; thence S 1°03'25"W, a distance of 15.00 feet; thence N 88150'35" W, a distance of 70.00 feet; thence N 1003'25" E, a distance of 65.00 feet; thence N 15°05'35" E, a distance of 103.08 feet; thence N 2°04'20"W, a distance of 54.40 feet.; thence N 32°38'02" W, a distance of 60.80 feet; thence N 26°2725" E, a distance of 71.84 feet to an intersection with a curve to the right, from which intersection the radius point of said curve bears S 71°5923" E; thence northerly along the arc of said curve to the right, having a radius of 555.00 feet and consuming a central angle of 7°02'48", an arc distance of 68.26 feet; thence N 1003'25" E, a distance of 37.37 feet to an intersection with the north line of the northwest quarter of the northwest quarter of the southwest quarter of said Section 25; thence S 88°27'42" E, along said northline, a distance of 27.02 feet to the point of begian:ng. - 3 - STATE OF WASHINGTON, ss. COUNTY OF SNOHOIVIISH, B- Affidavit of Publication ,NRNO. 2597V The undersigned, being first duly sworn on oath deposes and says )RDINANCE OF THE IINGTON EDVACATIN9 j that she is Principal Clerk of THE HERALD, a daily newspaper AIN DEDICPOOTATED BUT printed and published in the City of Everett, County of Snohomish, JILT RIGHT-OF-WAY AVENUE WHE OUTH FIXING WHE XING A TIME N and State of Washington; that said newspaper is a newspaper of FI SAME SHALL iME EFFECTIVE. )ecember 16, 1986, the general circulation in said County and State; that said newspaper )ec ouncil of the City of Is passed ordinance No. has been approved as a legal newspaper by order of the Superior rich provides as follows: Ion 1. Vacates the v mieen_ feet of the Court of Snohomish County and that the notice ........................................ ue South, as aescrlaea in )It A. :floe 2. Dlrech the city SUMMARY OF ORDINANCE -To—iRe a certified copy of ----------------------------- ------------------- ----....... ........--..-........................ rdinance. ,tion 3. Fixes an effective e full text of this ordinance remailed without charge to --------------------------------------- ..........-..------- --....... ............................... -------------------- ne who submits a written Bst to the City Clerk of the of Edmonds for a copy of Bxt. 'PROVED by the City -------- ------------ ------ .......... --------------------------------------------------------------- --......... ------------- icil at their meeting of JACOUELINE G. PARRETT a printed copy of which is hereunto attached was published in said :Itv Clerk EXHIBIT A newspaper proper and not in supplement form, in the regular and e east 15.0 feet of the rthwest quarter of the rthwest quarter of the entire edition of said paper on the following days and times, namely: portion: JANUARY 3 r d 1987 That portion of the north- westquarter of the north- ------------ --------------- ...... ................. .------------------ ........ ...................... ........... ...................... west quarter of the south- west quarter of Section 25 Township 27 North, Ronge 3 rt East, W.M: more pacu- larlydescribed as follows: ------------ ....... --------------------------- ------------- ­ .................... --------------------__....................... Beginning at the northeast corner of the northeast and that said newspaper was regularly distributed to its subscribers quarter of the northwest quarter of the northwest southwest quarter during all of off sold Section gsaidriod. thence S 1°03'25" W, along the east line of sold Subdivl- slon a distance of 106.46 feet to an Intersection with a --- .................. .........--................ --- -- --- .................................. ---- - curve to the left from which intersection the radius point Principal Clerk erly alon0 the arc or saia curve to the left, having a radius of 505.00 feet and consuming a central angle of 1810614", on arc distance of 159.57 feet to the point of tangency; thence S 1°03'25" W, a drstance of 56.74 feet to the point of curvature of a curve to the right; thence southwesterly along the arc of said curve to the right; thence southwesterly along the arc of sold curve to the right, having a radius of 15.00 feet and consuming a central angle of 52°01'12', an arc distance of 13.62 feet, to the point of reverse curve; thence southeasterly along the arc of a curve to the riaht. having a radius of a N 88-56-35" W, a distance or 70.00 feet; thence N 1°03'25" E, a distance of 65.00 feet; thence N 15105'35" E, a distance of 103.08 feet; thence N 2°04'20" W, a distance of 54.40 feet'thence N 32-38-02" W, a distance of 60.80 feet; thence N 26°27'25" E, a distance of 71.84 feet to on Intersection with a curve to the right, from which intersection the radius point of said curve bears S 7119'23" E; thence northerly along the arc of said curve to the right having a radius of 555.06 feet and consuming a central angle of 7°02'48' an arc distance of 68.26 4et; thence N 1°03'25" E, a distance of 37.37 feet to an Intersection which the north line of the northwest quarter of the northwest quarter of the southwest quarter of sold Section 25; thence S 88°27'42" E olong sold northllne a distance of 27.02 feet to the point of begin- ning. Published: Jan. 3, 1987. Subscribed and sworn to before me this .... bt.h..... VY" ......., 19.8 7 ington, STATE OF WASHINGTON, COUNTY OF SNOHOMISH, THE NDS, 1986, the ;e City of dinance No. as follows: rates the we South, as ae-11— bit A. ction 2. Directs the City c o a certified COPY of >rdinanceFi. ction 3. xes an effective ;e full text of this ordinance be whondsubmits ocharge without written jestt Edmonds fork of t of oforr aCOPY text. PPROVED by the City ncil at their meeting of ember 16, 1986. JACQUELINE G.PARRETT City Clerk dished: Dec. 21, 1986. Affidavit of Publication The undersigned, being first duly sworn on oath deposes and says that she is Principal Clerk of THE HERALD, a daily newspaper printed and published in the City of Everett, County of Snohomish, and State of Washington; that said newspaper is a newspaper of general circulation in said County and State; that said newspaper has been approved as a legal newspaper by order of the Superior Court of Snohomish County and that the notice ........................................ SUMMARY OF ORDINANCE NO. 2597 ...................................................................................................................................... ................................................................................................................I.................... a printed copy of which is hereunto attached, was published in said newspaper proper and not in supplement form, in the regular and entire edition of said paper on the following days and times, namely: ------------ DE-CEMBER... 2.1..,.... I9.g.6..................................................................... -•..............................................................................................•------............................... and that said newspaper was regularly distributed to its subscribers during all of said period. .. _ Principal Clerk Subscribed and sworn to before me this ....... ??T?! i day of ......... DECEMBER...............:........I................, 1986.... . ..:�,�.::z...L.::`.t ......... !.: '�..L.�CI.A. L.: .......... Notary PubliO in and for the State of Washington, zding at Everett, Snohomish County. B-2-1