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Ordinance 1688ORDINANCE NO. 1688 AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON PROVIDING FOR THE ACQUISITION FOR SANITARY AND STORM DRAINAGE EASEMENTS OF CERTAIN PARCELS OF PROPERTY WITHIN THE CITY OF EDMONDS, PROVIDING FOR AUTHORIZATION OF THE CITY ATTORNEY TO INITIATE PROCEEDINGS FOR CONDEMNATION, APPRO- PRIATION, TAKING AND DAMAGING OF LAND AND OTHER PROPERTY NECESSARY THEREFOR, DECLARING THE NECESSITY THEREFOR, AND PROVIDING FOR THE PAYMENT THEREOF. THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON DO ORDAIN AS FOLLOWS: Section 1. That the public health, safety, necessity and convenience demand, and the City Council so finds, that a sanitary sewerage system and storm drainage system be con- structed in the City of Edmonds for which Local Improvement District No. 192 has been formed by the City Council of the City of Edmonds. The public health, safety, necessity and con- venience further demand, and the City Council further finds, that in the construction of said project a sanitary sewer ease- ment and storm drainage easement with all necessary connections, appurtenances and access thereto, be and the same hereby is laid off, condemned, appropriated and established over and across certain properties and lines, all situate in the City of Edmonds, County of Snohomish, State of Washington, and legally described as follows: 1. From a tract of land legally described as: The West 340 feet of tract 3, block 3, Alderwood Manor No. 9, according to plat thereof recorded in volume 10 of plats, page 6, Records of Snohomish County, Washington, a perpetual easement for the purpose of installing, constructing, operating, maintaining and replacing a sanitary sewer line and a storm sewer line over, across, in, along and under the following described tract of land: The West 10 feet of the West 340 feet of lot 3, block 3, Alderwood Manor No. 9, according to the plat thereof as recorded in volume 10 of plats, page 6, Records of Snohomish County, Washington. 2. From a tract of land legally described as: The South 30 feet of the North 160 feet, except the West 340 feet thereof, lot 3, block 3, Alderwood Manor No. 9, according to plat thereof recorded in volume 10 of plats, page 6, Records of Snohomish County, Washington, a perpetual easement for the purpose of installing, constructing, operating, maintaining and replacing a sanitary sewer line and a storm sewer line over, across, in, along and under the following described tract of land: The South 30 feet of the North 160 feet LESS the West 340 feet of tract 3, block 3, Alderwood Manor No. 9, according to the plat thereof as recorded in volume 10 of plats, page 6, Records of Snohomish County, Washington. Section 2. All land, rights, privileges and other prop- erty 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 the purpose of a sanitary storm line and a storm drainage line; and all such lands, rights, privileges and other property are to be taken, damaged and appropriated only after just compensation has been made or paid into clerk for the owners thereof in the manner provided by law. Section 3. The entire cost of the improvements provided for herein shall be paid by the City of Edmonds from general funds applicable thereto, and specifically Local Improvement District Fund No. 192, or, if for any reason the monies in said EPM fund are insufficient, from any other general funds of the said City applicable thereto. Section 4. The taking and damaging herein to said property shall include the perpetual rights 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 sewerage system and storm drainage system over and across said property, together with the right to excavate and/or fill said easement, and the further right to remove vegetation or any and all other obstructions of any kind or description whatsoever. Section 5. The City Attorney is hereby authorized and directed 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 pro- visions of this ordinance, and is further authorized in conduct- ing said proceedings and for the purpose of minimizing damages to stipulate as to the use of the property hereby authorized to be condemned and appropriated 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 MAYOR ATTEST: CITY CLERK PASSED BY THE CITY COUNCIL: December 18, 1973 FILED WITH THE CITY CLERK: December 18, 1973 PUBLISHED: December 26, 1973 -3-