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Ordinance 1737ORDINANCE NO. 1737 AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, PROVIDING FOR THE ACQUISITION OF RIGHT-OF-WAY INCLUDING SLOPE EASEMENTS AND/OR LICENSES TO SLOPE FOR STREET PURPORSES FROM CERTAIN PARCELS OF PROPERTY; PROVIDING FOR THE AUTHORIZATION OF THE CITY ATTORNEY TO INITIATE PROCEEDINGS FOR CONDEMNATION, APPROPRIA- TION, TAKING AND DAMAGING OF LAND AND OTHER PROPERTY RIGHTS NECESSARY THEREFORE; DECLARING THE NECESSITY THEREFORE; 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 conven- ience, demand, and the City Council so finds, that the improvement of 196th Street S.W., from 77th Avenue West to 81st Place West, situate in the City of Edmonds, and Snohomish County, Washington, 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 improvement 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 and the parcels described in Exhibit "A" is for tight -of -way, slope easements or licenses to slope over, across, through and/or below a portion of said parcels as described. Section 2. All lands, rights, and privileges sought in the limits of the lots, blocks and tracts of land described herein - above in Section 1 are hereby condemned, appropriated, taken and damaged for public use and necessity for street, drive or boulevard purposes; and all such land, 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 Number 8-1-139-(06) or such other funds including Local Improvement Districts 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 for by law to condemn, take, appropriate and damage the lands, rights, privileges, and/or 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 the 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 for by this ordinance. APPROVED: MAYOR ATTEST: CITY CLERK Passed by the City Council: October 22, 1.974 Filed with the City Clerk: October 18, 1974 Published: October 30, 1974 196th . EXHIBIT "A" PARCEL NO. 1: BEFORE TAKING: Lot 1, Robert E. Thomas 3rd Addition, as recorded in Volume 15, Page 27, records of Snohomish County, Wa. TAKING: Fee title to the following described parcel lying within the above described real property: Beginning at the S.E. corner of Lot 1, Robert E. Thomas 3rd Addition, as recorded in Volume 15, Page 27, records of Snohomish County, Wa., thence North 81; thence Westerly to a point on the West line of said Lot 1, at a distance of 4-1/2 ft. North of the S.W. corner of said lot; thence South to said S.W. corner; thence East to the Point of Beginning, together: with the right to make necessary cut and/or fill slopes on the property adjacent thereto. PARCEL NO. 2: BEFORE TAKING: Lot 2, Robert E. Thomas 3rd Addition, as recorded in Volume 15, Page 27, records of Snohomish County, Wa. TAKING: Fee title to the following described parcel lying within_ the above described real property: Beginning at the SE corner of Lot 2, Robert E. Thomas 3rd Addition, as recorded in Volume 15, Page 27, records of Snohomish County, Wa.; thence North 4-1/2 ft.; thence Westerly to a point on the West line of said Lot 1 at a distance of 2.0 ft. North of the S.W. corner of said lot; thence South to said S.W. corner; thence East to the Point of Beginning, together with the right to make necessary cut and/or fill slopes on the property adjacent thereto. PARCEL NO. 3: BEFORE TAKING: Lot 3, Robert E. Thomas 3rd Addition, as recorded in Volume 15 of plats, Page 27 records of Snohomish County, Wa. TAKING: Fee title to the following described parcel located within the above described real property: Beginning at the Southeast corner of Lot 3, Robert E. Thomas 3rd Addition, as recorded in Volume 15 of plats, Page 27 records of Snohomish County, Wa.; thence West 52 ft. along the South line of said Lot 3; thence Easterly in a straight line to a point on the East line of said Lot 3, said point being 2 ft. North of the Southeast corner of said lot; thence South to the Point of Beginning, together with the right to make necessary cut and/or fill slopes on the property adjacent there -to. PARCEL NO. 4: BEFORE TAKING: Lot 4, Robert E. Thomas 3rd Addition as recorded in Volume 15, page 27, records of Snohomish County, Washington. TAKING: An easement for purposes of sloping or in the alternative. a license for construction of necessary cut and/or fill slopes oft the south nine feet of the above described property. PARCEL NO. 5: BEFORE TAKING: Lot 7,.Lawrence Addition as recorded in Volume 19 of Plats, page 92, records of Snohomish County, Washington.. TAKING: An easement for purposes of sloping or in the alternative a license for construction of necessary cut and/or fill slopes on the south four feet of the above described property. PARCEL NO. 6: BEFORE `.FAKING: Lot 8, Lawrence Addition, as recorded in Volume 19 of Plats, page 92, records of Snohomish County, Washington. TAKING: An easement for purposes of sloping or in the alternative- a license for construction of necessary cut and/or fill slopes on the south three feet of the above described property. PARCEL.NO. 7: BEFORE TAKING: Lot 15, Sierra Village Division B, as recorded in Volume 17 of Plats, pages 75 and 76, records of Snohomish County, Washington. TAKING: An easement for purposes of sloping or in the alternative a license for construction or necessary cut and/or fill slopes on the south twelve feet of the above described property. PARCEL NO. 8: BEFORE TAKING: Lot 16, Sierra Village, Division B, as recorded in Volume 17 of Plats, pages 75 and 76, records of Snohomish, Washington. TAKING: An easement for purposes of sloping or in the alternative a license for construction of necessary cut and/or fill slopes, being a portion of the above described property, more partic- ularly described as follows: Beginning at the southeast corner of said Lot 16; thence west along the south line of said lot 140 feet; thence northeasterly in a straight line 60 feet to a point 12 feet north of the south line of Lot 16; thence east parallel to said south line to the northeasterly line of said Lot 16; thence southeasterly along said line to the Point of Beginning. PARCEL NO. 9: Lot 1, Sunset Manor, as recorded in Volume 18 of Plats, page 70, records of Snohomish County, Washington, TAKING: An easement for purposes of sloping or in the alternative a license for construction of necessary cut and/or fill slopes, being a portion of the above described property, more partic- ularly described as follows: Beginning at the northwest corner of said Lot 1; thence south 6 feet; thence southeasterly in a straight line to a point on the east line of said Lot 1, said point being 11 feet south of the northeast corner thereof; thence north 11 feet; thence west to the Point of Beginning. PARCEL NO. 10: BEFORE TAKING: Lot 2, Sunset Manor, as recorded in Volume 18 of Plats, page 70, records of Snohomish County, Washington. TAKING: An easement for the installation and maintenance of a rockery or similar retention structure on the following described parcel included within the above -described real property: Beginning at the northwest corner of said Lot 2; thence south 5 feet; thence southeasterly in a straight line to a point on the east line of Lot 2, said point being 8 feet south of the northeast corner of Lot 2; thence north 8 feet; thence west to the Point of Beginning. PARCEL NO. 11: BEFORE TAXING: Lot 3, Sunset Manor, according to the plat thereof as recorded in Volume 18 of Plats, -page 70, records of Snohomish County, Washington. TAKING: An easement for the installation and maintenance of a rockery or similar retention structure across or upon the north eight feet of the above described real property. PARCEL NO. 14: BEFORE TAKING: . The East 1/3 of the West 1/2 of the N.E. 1/4 of the N.E. 1/4 of the N.E. 1/4 of Section 19, Township 27 North, Range 4 East, W.M., EXCEPT the South 115 feet and except county road, all situate in Snohomish County, Washington. TAKING: An easement for purposes of sloping or in the alternative a license for construction of necessary cut and/or fill slopes, being a portion of the above described property, more particularly described as follows: Beginning at the N.W. corner of the above described property, thence South 4 ft.; thence Southeasterly in a straight line to a point on the East line of said Property, said point being 8 ft. South of the N.E. corner of said property/ thence North 8 ft.; thence West to the Point of Beginning. PARCEL NO. 15: BEFORE TAKING: The East 1/2 of the West 2/3 of the West 1/2 of the N.E. 1/4 of the N.E. 1/4 of the N.E. 1/4 of Section 19, Township 27 North Range 4 East, W.M. Less the South 510 feet and less county road. All situate in the County of Snohomish, Washington. TAKING: An easement for purposes of sloping or in the alternative a license for construction of necessary cut and/or fill slopes, being a portion of the above described property, more particularly described as follows: Beginning at the NW corner of the above described property; thence Southeasterly in a straight line to a point on the East line of said property, said point being 4 ft. South of the N.E. corner,therecf; thence N. 4 feet; thence West along the North line of said property to the Point of Beginning. PARCEL NO. 17: BEFORE TAKING: The West 1/3, of the West 1/2, of -the Northeast 1/4, Northeast 1/4, Northeast 1/4, Section 19, Township 27 North, Range 4 East, W.M., less county road. All situate in the County of Snohomish, Washington. TAKING: An easement for purposes of sloping or in the alternative a license for construction of necessary cut and/or fill slopes, -being a portion of the above described property, more particu- larly described as follows: Beginning at the northwest corner of the above described property; thence south 6 feet; thence southeasterly in a straight line for 73 feet to a point ll feet south of the north line of said property; thence northeasterly in a straight line to a point on the east line of said property, said point being 7 feet south of the northeast corner thereof; thence north 7 feet; thence west to the Point of Beginning. PARCEL NO. 18: BEFORE TAKING: The East 1/3, of the East 1/2, of the Northwest 1/4, Northeast 1/4, Northeast 1/4, Section 19, Township 27 North, Range 4 East, W.M., less county road. All situate in the County of Snohomish, Washington. TAKING: An easement for purpose of sloping or in the alternative a license for construction of necessary cut and/or fill slopes, being a portion of the above described property, more particu- larly described as follows: Beginning at the northwest corner of the above described property; thence south 3 feet; thence southeasterly in a straight line to a point on the east line of said property, said point being 6 feet south of the northeast corner thereof; thence north 6 feet; thence west to the Point of Beginning. PARCEL NO. 19: BEFORE TAKING: The East 1/2, West 2/3, East 1/2, Northwest 1/4, Northeast 1/4, Northeast 1/4, Section 19, Township 27 North, Range 4 East, W.M., less the west 95 feet of the north 330 feet and less county road. All situate in the County of Snohomish, Washington. TAKING: An easement for purposes of sloping or in the alternative a license for construction of necessary cut and/or fill slopes on the north three feet of the above described property PARCEL NO. 20: BEFORE TAKING: The West 95 feet of the north 330 feet of the East 1/2, West 2/3, East 1/2, Northwest 1/4, Northeast 1/4, Northeast 1/4, Section_ 19, Township 27 North, Range 4 East, W.M., less county road. All situate in the County of Snohomish, Washington. TAKING: An easement for purposes of sloping or in the alternative a -license for construction of necessary cut and/or fill slopes on the north six feet of the above described property. PARCEL NO. 26: BEFORE TAKING: The.south 355 feet of the east 195 feet of the East 1/2, Southeast 1/4, Southwest 1/4, Southeast 1/4, Section 18, Town- ship 27 North, Range 4 East, W.M., less the east 20 feet, and less the south 30 feet. All situate in the County of Snohomish, Washington. TAKING: An easement for purpose of sloping or in the alternative a license for construction of necessary cut and/or fill -slopes, being a portion of the above described property, more particu- larly described as follows: Beginning at the southwest corner of the above described property; thence north 12 feet; thence easterly in a straight line 85 feet to a point 16 feet north of the south line of the said property; thence southeasterly in a straight line to a point on the east line of said property, said point being 8 feet north of the southeast corner thereof; thence south 8 feet; thence west to the Point of Beginning. PARCEL NO. 29: BEFORE TAKING: The East 1/2, Southwest 1/4, Southeast 1/4, Southeast 1/4, Section 18, Township 27 North, Range 4 East, W.M., less road and less the east 186 feet. All situate in the County of Snohomish, Washington. TAKING: An easement for purpose of sloping or in the alternative a license for construction of necessary cut and/or fill slopes, being a portion of the above described property, more particu- larly described as follows: Beginning at the southwest corner of the above described property; thence north 8 feet; thence northeasterly 50 feet to a point 17 feet north of the south line of said property; thence southeasterly to a point on the east line of said property, said point being 9 feet north of the southeast corner thereof; thence south 9 feet; thence west to the Point of Beginning. PARCEL NO. 30: BEFORE TAKING: The east 66 feet of the West 1/2, Southwest 1/4, Southeast 1/4, Southeast 1/4, Section 18, Township 27 North, Range 4 East, W.M., except the north 300 feet and except county road along south boundary. All situate in the County of Snohomish, Washington. TAKING: An easement for purpose of sloping or in the alternative a license for construction of necessary cut and/or fill slopes, being a portion of the above described property, more particu- larly described as follows: Beginning at the southwest corner of the above described property; thence north 1 foot, thence northeasterly to a point on the east line of said property, said point being 8 feet north of the southeast corner thereof; thence south 8 feet; thence west to the Point of Beginning. PARCEL NO. 31: BEFORE TAKING: The west 66 feet of the east 132 feet of the south 363 feet of the West 1/2, Southwest 1/4, Southeast 1/4, South- east 1/4, Section_ 18, Township 27 North, Range 4 East, W.M., less road. All situate in the County of Snohomish, Washington. TAKING: An easement for purposes of sloping or in the alternative a license for construction of necessary cut and/or fill slopes on the south three feet,of the above described property.