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Ordinance 28690006.190A.059 WSS/klt 02/13/92 ORDINANCE NO. 2869 AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, VACATING A PORTION OF THE RIGHT- OF-WAY OF 174TH STREET S.W. LYING WEST OF 68TH AVENUE N., AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. WHEREAS, the City Council has reviewed at public hearing the recommendation of its Hearing Examiner that a portion of the unbuilt right-of-way of 174th Street S.W. lying west of 68th Avenue N. be vacated; and WHEREAS, the staff recommends that property of the applicant adjacent to Meadowdale Beach Road be dedicated in compensation for such vacation; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. The City Council finds that a portion of the right-of-way of 174th Street S.W. lying west of 68th Avenue N., currently undeveloped, shown and legally described on the attached Exhibit A, is surplus to the needs of the City and shall be vacated. This finding of vacation is based upon facts presented at a public hearing on February 4, 1992, the Hearing Examiner's recommendation, and the applicant's request for payment of an alternative form of compensation. Section 2. The City Clerk is hereby authorized to record with the Snohomish County Auditor a copy of this ordinance upon receipt and in conjunction with a quit claim deed for ten (10) WSS13827.10 -1- additional feet of right-of-way from the applicant's tract lying immediately adjacent to Meadowdale Beach Road. 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: MA OR, �-LAURA ALL ATTEST/AUTHENTICATED: CITY CLERK, R ONDA J. MARCH APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: �1'1 FILED WITH THE CITY CLERK: February 14, 1992 PASSED BY THE CITY COUNCIL: February 18, 1992 PUBLISHED: March 29 , 1992 EFFECTIVE DATE: April 3 , 1992 ORDINANCE NO. 2869 WSS13827.10 -2- EXHIBIT A The North 30 feet of Tract 145, Meadowdale Beach, according to the plat thereof recorded in Volume 5 of plats, on page 138, records of Snohomish County, Washington; EXCEPT the Westerly 532 feet thereof. EXHIBITA.ORD/TXTST530 March 23, 1992 STATE OF WASHINGTON, 1 Jr ss. COUNTY OF SNOHOIV1ISH, RHONDA J. MARCH CITY Clerk Published: MOV 26, 1992. n a Affidavit of Publication 1WAY J 9 1992 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 ........................................ ....... of._.Ordinance ...No......2869.. ............... .... City of Edmonds ....................................................................... ...................................................................................................................................... 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: May 26, 1992 ...................................................................................................................................... ...................................................................................................................................... and that said newspaper was regularly distributed to its subscribers N during all of skid period. ............ ..........fir ................................. Principal Clerk Subscribed and sworn to before me this......... th dayof, .i..........a ...c........Ma......?....`.....................19..92. r t j � 4 and for the Ste' o Washington, af}1 vere t, Snohomish(jQount..- . No TA,gj' ckk` It : /0i,1