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Ordinance 26200006-19157 ATT00007O 05/14/87 WSS/imm R: 05/20/87 ORDINANCE NO. 2620 AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, VACATING A PORTION OF THE PLATTED BUT UNBUILT RIGHT-OF-WAY OF 7TH AVENUE SOUTH, IMMEDIATELY SOUTH OF ITS INTERSECTION WITH FIR STREET, AND FIXING A TIME WHEN SAME SHALL BECOME EFFECTIVE. WHEREAS, pursuant to ordinance and statute, the City Council of the City of Edmonds, Washington, has held a public hearing to consider the proposed vacation (ST-4-86) of that portion of the right of way of 7th Avenue South lying immediately south of its intersection with Fir Street, and WHEREAS, pursuant to the findings of the City's responsible official, the City Council finds that there will be no signficant environmental impact, WHEREAS, this Council has received the findings and recommendations of his hearing officer, and based thereon, as well as based upon the testimony derived at the hearing before the City Council, finds that the property is surplus to the needs of the City and should be vacated subject to the conditions contained in this ordinance and in exchange for certain dedications to public use, NOW THEREFORE, FOLLOWS: THE CITY COUNCIL OF EDMONDS, WASHINGTON, DO ORDAIN AS Section 1. That the following described easement previously dedicated for street purposes is hereby vacated reserving to the City and its franchisees a surface and subsurface utility easement, pedestrian easement and right of passage, and easement for construction and maintenance of such reserved uses. Said easement is located within the City of Edmonds, Snohomish County, Washington, and is described as the right-of-way of Seventh Avenue South, lying immediately south of its intersection with Fir Street, shown and legally described on the attached Exhibit A, incorporated by this reference as fully herein set forth, Provided, However, that this vacation is expressly conditioned upon the dedication of certain lands to public use, in order to establish a turnaround at the terminus of Seventh Avenue South immediately south of and adjacent to the vacated right of way. Said property to be dedicated to public use is shown on attached Exhibit B, and by this reference is incorporated in herein as fully as if herein set forth. Section 2. The City Clerk is hereby directed to file a certified copy of this Ordinance with the Snohomish County Auditor simultaneous with Deeds of Dedication with the current owners of the properties shown on attached Exhibit B, upon acceptance of the same by the City Council. The Community Services Director or his designee is hereby instructed to amend the Comprehensive Street Plan to reflect the vacation and dedication. Section 3. This ordinance, being an exercise of a power specifically delegated to the City legislative body, is not - 2 - subject to referendum, and shall take effect :give (5) days after passage and publication. APPROVED: ATTEST/AUTHENTICATED: '� z � x � �L � CIT CLERK, JACQUELINE G. PARRETT APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: ry BY FILED WITH THE 6TY CLERK: May 19., 1987 PASSED BY THE CITY COUNCIL: May 19, 1987 PUBLISHED: June 1, 1987 EFFECTIVE DATE: June 6, 1987 ORDINANCE NO. 2620 — 3 — EXHIBIT A That portion of the undeveloped right-of-way of 7th Avenue South as follows: The northerly 120' of 7th Avenue South, lying south of Fir Street and north of Elm Street; adjacent to Lot 1, Block 8 and Lot 10, Block 9 of Yost's First Addition to Edmonds in Section 25, Township 27, North, Range 3 East, W.M. Situate in the County of Snohomish, State of Washington EXHIBIT B . R/w ro BE Baca rEo ❖ ,,tip,;.,.,.,.. Affidavit of Publication STATE OF WASHINGTON, ss COUNTY OF SNOHONIISH, ORDINANCE NO.'2620 AN ORDINANCE OF THE WTY. OF ASHINGTON EV CAT NG The undersigned, being first duly sworn on oath deposes and says A PORTI04 OF THE RIGHT ODF-WAY OFB LT 7ITH that she is Principal Clerk of THE HERALD, a daily newspaper AVENUE SOUTH, IMMEDI- ATELY SOUTH IT ITS FIR printed and published in the City of Everett Count of Snohomish, INTERSECTION WITH FIR I 1� p Y � Y STREET AND FIXING A TIME WHEN SAME SHALL BECOME EFFECTIVE. and State of Washington; that said newspaper is a newspaper of ordinanceEonsd.statuteuthe City' general circulation in said County and State; that said newspaper Council of has heldba public hearing lo. consider the I has been approved as a legal newspaper, by order of the Superior proposed vacationST-4.86) of ' that portion of the rSght of way Court of Snohomish County and that the notice ........................................ of 7th Avenue south lying Immediately south of Its Inter- section with Fir Street, and - WHEREAS, pursuant to the findings of the City's responsible i 7_• ' official, the City Council finds .................................. that there will be no significant environmental Impact, WHEREAS this Council has .received the findings and recommendations of his hearing..................................................................................................................................... officer, and based thereon, as well as based upon the testl. many derived at the hearing before the City Council, finds thatthe property Is surplus to..................................................................................................................................... the needs of the CI}y and should be vacated subject to the condi- a printed copy of which is hereunto attached, was published in said tions contained in this ordinance and In exchange for certain dedications to public use, Now newspaper proper and not in supplement form, in the regular and THEREFORE THE ONCIL OF I EDMONDS TWASHIINGTONDO entire edition of said paper on the following days and times, namely: ORDAIN A6 FOLLOWS: , Section 1. That the following described easement previously dedicated for street purposes is hereby vacated reserving to the - City and Its franchisees a ....... r........l...S�.`....'.:::..i:......c�..'..-::.��...`.......... �-;. ,y surface and subsurface utility easement, pedestrian easement and right of passagge, and easement for construction and maintenance of such. reserved..................•-•--...........----..---........-----.--......................................... uses. Sold easement is located �' within the City of Edmonds Snohomish County, Woshington,, I and that said newspaper was regularly distributed to its subscribers and is described as the right-of- way of Seventh Avenue south, during all of said period. lying Immediately south of Its intersection with Fir Street, = shown and legally described on the atfached Exhibit A, Incorpo- rated by this reference as fully - herein set forth, Provided, .............. '-Y .:y�.... r .. ......... ........-- ,,. ...... .......... However, that this vacation is �L Principal Clerk !.expressly conditioned upon the dedication of certain lands to public use, in order to establish a turnaround at the terminus of ✓ Seventh Avenue South Immedi- Subscribed and sworn to before me this.... . �;.................. - - ately south of and adjacent to - the vacated right of woY. Said Property to be dedicated to public use is shown on attached - Exhibit B, and by this reference - _ ,,,,,,,,,,,,,,,,,,,,,,,,,,, Is Incorporated in herein as fully day of ......... .. .......................... 19......:.. as if herein set forth. Section 2, The City Clerk Is / he7bb�'tcted to fie a certl- fled cop of this Ordinance with _ _ _ L-- L'e�-.......----6,,,,,,,,, ,,,,,,,;"-�%`sxJ"••--i!. .:4��,�..... -the Sno om my Audito """""""'"' L simultaneous with Deeds of Np a�y Public�in and for the State of Washington, Dedication with the current owners of the properties shown - r i ing at E erett, Snohomish County. on attached ExhibitW B,L upon I Passage APPROVED AS TO FORM: OFFICE.OF THE CITY ATTOR- NEY: BY W. SCOTT SNYDER FILED WITH THE CITY CLERK: May 19 1987.. PAY99D BY THE CITY COUNCIL: EFFECTIVE DATE: June 6, 1987. ORDINANCE NO. 2620 EXHIBIT A 8 - 2 That portion of the undevel- oped right-of-woy of 7th fashington has held a public oaring to. considgr the roposed vocallon (ST-4-li6) of received the findings and recommendations of his hearing officer, and based thereon, as well os based upon the tests. on derived at the hearing before the Clty Council, finds that the property is surplus to the needs of the Cl}y and should be vacated subject to the condl- tions contained In this ordinance and in exchange for certain dedications to public use, NOW THEREFORE THE CITS' COUNCIL OF EDMONDS WASHINGTON, DO ORDAIN ASr FOLLOWS: Section 1. That the following de cs r=e easement previously dedicated for street purposes is hereby vacated reserving to the City and Its franchisees a surface and subsurface utility easement, pedestrian easement and right of passage, and easement for construction and maintenance of such reserved uses. Sold easement is located within the City of Edmonds, Snohomish County, Washington; I and is described as the right-of- way of Seventh Avenue South, lying Immediately south of Its I Intersection with Fir Street, shown and legally described on the attached Exhibit A, Incorpo- rated by this reference as fully Is Incorporates In herein as fully as If herein set forth. Section 2. The City Clerk is here cted to file a certi- fled copy of this Ordinance with the--6nehomish-- County—Audifor simultaneous with Deeds of Dedication with the current owners of the properties shown on attached Exhibit B, upon acceptance of the some by the City Council. The Community Services Director or his deslg. nee Is hereby Instructed to amend the Comprehensive Street Plan to reflect the vacation and dedication. Section 3. This ordinance, be ercise of a power specifically delegated to the City legislative body, is not subject to referendum and shall take effect five I$$ days after passage APPROVED AS TO FORM: OFFICE. OF THE CITY ATTOR. NEY: BY W.-SCOTT SNYDER FILED WITH THE CITY CLERK: May 19 1987. PASSED BY THE CITY COUNCIL: EFFECTIVE DATE: June 6, 1987. ORDINANCE NO. 2620 EXHIBIT A B - 2 That portion of the undevel- oped right-of-way of 7th Avenue South as follows: The .northerly 120' of 7th Avenue south. lvina south of LOST, W.M. JlTuafe County of Snohomis of Washington, EXHIBIT B has been approved as a legal newspaper, by order of the Superior Court of Snohomish County and that the notice........................................ .............................................................................................................' •"--'.. 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: ! f; s i �•;' �! .......,:......fit _ -- •.. ........................................................................................................................... and that said newspaper was regularly distributed to its subscribers during all of said period. ............................................................ ...................... Principal Clerk rr. /'. f' Subscribed and sworn to before me this ....:...................... i ]bite 'n and for the State of Washington, t E; erett, Snohomish County. ant mef rw,�ro