Ordinance 26410006.19158
WSS501790
09/23/87
WSS/naa
ORDINANCE NO. 2641
AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON,
AMENDING ORDINANCE NO. 2620 VACATING A PORTION
OF THE PLATTED BUT UNBUILT RIGHT-OF-WAY OF 7TH
AVENUE SOUTH, IMMEDIATELY SOUTH OF ITS
INTERSECTION WITH FIR STREET, IN ORDER TO MORE
CLEARLY DEFINE THE EXTENT AND LOCATION OF
RESERVE PEDESTRIAN EASEMENT, REDUCING THE
EXTENT OF THE UTILITY EASEMENT RESERVED IN SAID
ORDINANCE, FIXING THE COMPENSATION TO BE PAID
THEREFORE AND FIXING A TIME WHEN THE SAME SHALL
BECOME EFFECTIVE
WHEREAS, pursuant to ordinance and statute, the City of
Edmonds held a public hearing to consider the proposed vacation
of a portion of the right-of-way of 7th Avenue South, lying
immediately south of its intersection with Fir Street under City
Application No. ST-4-86; and
WHEREAS, pursuant to said proceedings, the City Council
vacated said unbuilt right-of-way of 7th Avenue South in
Ordinance No. 2620, reserving to itself a pedestrian easement,
surface and subsurface utility easements and an easement to
maintain same; and
WHEREAS, in Ordinance No. 2620 said easement was not
specifically located but rather an easement was reserved within
and over the entire right-of-way to be vacated; and
WHEREAS, the City Council, following notice and further
public hearing has determined it to be appropriate to reduce the
easement area to be reserved for public use and therefore to
amending the amount of compensation to be paid, NOW, THEREFORE,
THE CITY COUNCIL OF EDMONDS, WASHINGTON, DO ORDAIN AS
- 1 -
FOLLOWS:
Section 1. Ordinance No. 2620 vacating a portion of the
right-of-way of 7th Avenue South is hereby amended in order to
reduce and define the previously reserved sixty -foot easement
reserved for surface and subsurface utility purposes to forty-
five feet, as shown on the attached Exhibit A and locating a
retained ten -foot pedestrian easement five feet on either side of
the center line of the former platted but unimproved right-of-way
of 7th Avenue South all as shown on the attached Exhibit A. The
easement reserved by Ordinance No. 2620 is hereby vacated and
reduced in conformance with said Exhibit A, and such easement
shall be and for all purposes is that retained by Ordinance No.
2620.
Section 2. The payment of compensation for the
easement area to be vacated shall be amended to reflect the
vacated utility easement. The abutting property owners and
applicant shall pay value in accordance with the presumptions
established by ECDC 20.70.030, to wit: (1) the fifteen feet of
right-of-way to be entirely vacated and over which no utility
easement or pedestrian easement is reserved shall be compensated
to the City at a rate equal to 100% of the prorated square foot
value of the acreage of abutting lots as such value has been
determined by the assessed valuation placed upon said property by
the Snohomish County Assessor; (2) that portion over which a
utility easement for surface and subsurface utilities has been
retained shall be compensated at a value equal to 75% of the
prorated square foot value of abutting lots as determined in
- 2 -
accordance with the assessed valuation placed upon said property
by the Snohomish County Assessor; and (3) that portion of the
right-of-way burdened by both the utility easement and pedestrian
easement shall be compensated at a rate equal to O % of the
prorated square foot value of the abutting lots as determined by
the assessed valuation placed upon said property by the Snohomish
County Assessor.
Section 3. The City Clerk is hereby directed to file a
certified copy of this ordinance in conjunction with the filing
of Ordinance No. 2620 and the deeds of dedication referenced
therein.
Section 4. This ordinance, being an exercise of a power
specifically delegated to the City's legislative body is not
subject to referendum and shall take effect five (5) days after
passage and publication.
APPROVED:
ATTEST/AUTHENTICATED:
TY CLERK, A EL NE ARRETT
t
APPROVED AS TO FORM:
0 F OF TH GITY ATTORNEY:
FILED WITH THE btTY CLERK: September 23, 1987
PASSED BY THE CITY COUNCIL: October 6, 1987
PUBLISHED: October 11, 1987
EFFECTIVE DATE: October 16, 1987
ORDINANCE NO. 2641
- 3 -
EXHIBIT A
FIR ST
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7
10 foot Pedestrian Easement
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60' I 65• I "�/
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--7 20'4�5 foot Utility Easeme
nt �
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R/W FO BE Y,4C,4 7-, D
STATE OF WASHINGTON,
COUNTY OF SNOHOMISH,
AN
CIT
T
WHEREAS pursuanT To
ordinance and statute, the City
hof earingontos considerpublic
the
proposed vacation of a portion
of the right-of-woV of 7th
Avenue South lying Immedi-
ately south of its Intersection
with Fir Street under City Appli-
cation No. ST-4.86; and
WHEREAS, pursuant to Said
proceedingsthe City Council
vacated said unbuilt right-of-
way of 7th Avenue South It
,Ordinance No. 2620,reserving to
itself a pedestrian easement,
surface and subsurface utility
easements and on easement to
maintain same' and
WHEREAS, in Ordinance No.
2620 said easement was not
specifically located but rather
an easement was reserved
I, within and over the entire right-
of-way to be vacated* and
WHEREAS, the City Council,
following notice and furtherpub.
to beic appropriateapproig has priate oereducee his e
easement area to be reserved
for public use and therefore to•
amending the amount of
compensation to be paid, NOW,
'.THEREFORE
THE CITE' COUNCIL OF
EDMONDS WASHINGTON, DO
ORDAIN A� FOLLOWS:
Section 1. Ordinance No. 2620
of way of portion
rfAvenueSouth
he hhis j
hereby amended in order to
reduce and define the previ-
ously reserved sixty -foot
easement reserved for sot -face
and subsurface utility purposes
to forty-five feet, as shown on
the attached Exhibit A and locat-
i ing a retained ten -foot Pedes-
trian easement five feet on
j either side of the center line of
the former platted but
,...,..,..1-1.1i right-nf.wav of 7th
the attached Exhibit A. The
easement reserved by
vacated and reduced is
confor
Trance with said Exhibit A, and
ch eoseme9t purposes is thatl
be and for
oilretained by
Ordinance No. 2620.
Section 2. The payment of
compensvf on for the easement
area to be vacated shall be
amended to reflect the vacated
utility easement. The abutting
phmi navovalue ianacao once
(1) f
way
over
or
been
asses
sold I
Coon
over
for si
ties I
8 - 2 comF
75
en feet of right-oi-
ntlrely vacated and
no utility easement
ion easement is
at a rate equalt to
to prorated square
of the acreage of
as such value has
ermined by the
iluation placed upon
y by the Snohomish
assor, (2) that portion
a utI111tV easement
and subsurface utiii-
d at atainevalue shall qualbo
prorated square foot
-- , 5 -
ss.
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
Coujr7f Snohomish County and that the notice ........................................
f +; / r' •i r''
,j ,
'/ f ...l..' ... ��.. sJ .ram i .....
r.....:n.-:.........:. '.!.c.:�:.....' ...............................
a printed copy of which is hereunto attached, was published in said
newspaper proper and not in supplement form, in the regular and
entiref ition of said paper on the following days and times, namely:
>'"-rf • iG r s i
and that said newspaper was regularly distributed to its subscribers
during all of said period.
................/...y.... .....-.. ......-....-... /... ......i .�...� ...mow.✓.. ....... ......
Principal Clerk
Subscribed an ,, w✓orn to before me this ....:........... �.,.......
i
i J
day F.
of......�..y......r .................. �:....,.............` 19..........
fy . �,.:....
Nota g
t � Public ir� and!for the State of Washington,
resi4igg at Everett, Snohomish County.
Cour/�pf Snohomish County and that the notice ........................................
u
hearing to consider the
proposed vocafI n of a portion
Avenue Seuth oflying lmmedi-
dtely south o1` its intersection
with Fir Street under City Appli-
cation No. ST-4-86; and
WHEREAS, pursuant to said
proceedings, the City Council
vacated sa!d unbuilt right-of-
waY of 7th Avenue South in
,ordinance No. 2620, reserving to
itself a pedestrian easement,
surface and subsurface utility
easements and on.eosement to
2620 said easemew —
specifically located but rather
an easement was reserved
within and over the entire rlght-
of-way to be vacated- and
WHEREAS, the City Council,
following notice and further
t 1
to beublic appropriate ohearing haseterminereduce thie
easement area to be reserved
for public use and therefore to
amending the amount of
compensation to be paid, NOW,
THEREFORE
THE CIT( COUNCIL OF
ED ORDAINDA� FOLLOI VS: DO
ecti 1. Ordinance No. 2620
voca o7hHeSoh
of-waYf tAvnueuthIs
hereby amended in order to
reduce and define the previ.
Iously reserved sixty -foot`
easement reserved for suifiace
and subsurface utility purposes
to forty-five feet as shown on
the attached Exhibit A and locat.
ing a retained ten -foot pedes-
trion easement five feet on
either side of the center line of
the former platted but
unimproved right-of-waY of 7th
Avenue South all as shown on
the attached Exhibit A. The
.Ord e m e noapberyes dherebu
mancedwith saiduExhibit A,1and
such easement shall be and for
OrdinonceeNOS2620. Ithat retained by
ectio 2. The payment of
co
mpens n for the easement
area to be vacated shall be
amended to reflect the vacated
utility easement. The abutting
haepaYoue inoc ncortl
is lalonce
wifh the Presumptions estab-
lished by EGDC 20.70.030, to wit:
(1) the fifteen feet of right-of-
way to be entirely vacated and
over which no utlilt Y easement
or pedestrian easement is
reserved shall be compensated
100%e off l that e prorWede square
foot value of the acreage of
nh,dhna lots as such value has
been aeTermincu u,
assessed valuation placed
said property by the Snaha
. County Assessor; (2) that pc
,over which, a utility ease
for surface and subsurface
ties has been retained she
compensated at a value eqi
75 % of the prorated square
value of abutting lots as (
assessed valuation accordanceined In l placed
said property by the SnoN
County Asesssor; and (3)
portion of the right-o1
burdened by both the
easement and pedes
tSnseut0peaarateqalo /o(
Cher buttinated gulots as dare foot eter
by Vaced theassessed
said dproper
The Snohomish
County
As,
h ected to fiCit
le a
AS TO FORM:
THE CITY
......................................•---...................................................._.................._....................
a printed copy of which is hereunto attached, was published in said
newspaper proper and not in supplement form, in the regular and
entire ition of said paper on the following days and times, namely:
i� K:r.................'..................�......`./..... ........:........P..........................................
t. sf..
and that said n7e spaper was regularly distributed to its subscribers
during all of said Period.
................ / ................... ................ . ... e ... .....................
Principal Clerk
Subscribed an sworn to before me this "::
day of......1 , .,�:.�....�..... L .. .:. j.............. 19..... f
f v
Notaty} PubYic in} and lfor the State of Washington,
re$ ii;g at Everett, Snohomish County.
i
T T'H_E CITY CLERK:
:r 23, 1987.
BY THE CITY,
October 6, 1987.
VE DATE: October 16,