Ordinance 2889CAM/crd
06/12/92
ORDINANCE NO. 2889
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, VACATING A PORTION OF THE 174TH
STREET SOUTHWEST RIGHT-OF-WAY LYING WEST OF
68TH AVENUE WEST AND NORTH OF DEVELOPED 174TH
STREET SOUTHWEST AND FIXING A TIME WHEN THE
SAME SHALL BECOME EFFECTIVE.
WHEREAS, the City Clerk received a petition to vacate
approximately 115 feet by 30 feet of the unopened portion of the
174th Street Southwest right-of-way lying west of 68th Avenue West
and north of developed 174th Street Southwest Road (File No. ST-92-
65), which petition contains the signatures of the owners of more
than two-thirds of the property abutting the right-of-way to be
vacated, and has been made in association with the Edmonds
Engineering Division; and
WHEREAS, the Hearing Examiner has recommended that the
City Council consider the vacation; and
WHEREAS, the City Council passed Resolution No. 742 on
April 7 1992, setting a public hearing on the requested
vacation for May 5, 1992; and
WHEREAS, written notice of the public hearing was given
by the City Clerk in the manner prescribed by RCW 35.79.020 and the
hearing was held as scheduled on May 5, 1992; and
WHEREAS, the City staff presented a report at the hearing
which outlined the facts concerning the vacation; and
-1-
CAM22606.10/0006.190A.064
WHEREAS, all others who were present at the hearing and
who expressed a desire to speak for or against the requested
vacation were given the opportunity to do so; and
WHEREAS, based upon the testimony received at the public
hearing, the City Council has determined to grant the requested
vacation at such time as certain terms and conditions are met; NOW,
THEREFORE,
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO
ORDAIN AS FOLLOWS:
Section 1. Findings and Conclusions. The City Council
hereby adopts the following findings and conclusions in connection
with the requested vacation of a portion of 174th Street Southwest
right-of-way lying west of 68th Avenue West and north of developed
174th Street Southwest (File No. ST-92-65):
A. Findings of Fact:
1. The applicant and the City of
Edmonds Engineering Division
requested approval of vacation of
approximately 115 feet by 30 feet of
the unopened portion of the 174th
Street right-of-way. This area is
depicted in Exhibit A, attached
hereto and incorporated herein by
this reference, as the hatched
portion of the right-of-way.
2. The petition was filed by property
owners representing approximately
seventy-five percent (75%) of the
ownerships abutting the right-of-way
proposed to be vacated.
3. Although the hatched area in Exhibit
A represents the portion of right-
of-way that was actually dedicated,
this area was never developed as a
-2-
CAM22606.10/0006.190A.064
road. Private property was instead
developed as 174th Street Southwest
(depicted as speckled on Exhibit A) ,
but this area was never dedicated as
a right-of-way.
4. In exchange for the vacation of the
unopened portion of the 174th Street
right-of-way, the applicant intends
to dedicate approximately 30 feet by
115 feet of the improved 174th
Street Southwest Road.
5. The right-of-way requested to be
vacated is undeveloped and serves
absolutely no use, or potential use,
to the general public, residents of
the nearby area or the owners of the
property adjacent to the subject
property. All utilities, services
and other public facilities are in
place in the area and there is no
need to reserve utility easements.
6. Compensation for this street
vacation is not required, since the
dedication of the improved 174th
Street Southwest Road provides
sufficient public access.
7. The requested vacation is consistent
with all Edmonds code provisions,
and will not alter the City
Comprehensive Street Plan.
8. The right-of-way proposed for
vacation does not abut a body of
fresh or salt water.
B. Conclusions.
1. The vacation will provide a public
benefit or be for a public purpose,
since the right-of-way proposed to
be vacated is unopened and
unimproved, while the new street
proposed to be dedicated has already
been improved and provides all
necessary public access in this
area.
-3-
CAM22606.10/0006.190A.064
2. The requested vacation of the
unopened, unimproved right-of-way
will not affect the existing street
pattern, circulation of the
immediate area or of the community
as a whole, since the necessary
access in this area is already
provided by the improved 174th
Street Southwest Road.
3. The right-of-way to be vacated is
not contemplated or needed for
future public use.
4. There will be no substantial
impairment of access to any property
by virtue of the vacation.
5. Since all utilities and services
already exist in the area, there is
no need to reserve utility easements
within the vacated right-of-way.
6. The Findings and Conclusions
pertinent to this vacation are
contingent upon the dedication of
174th Street Southwest Road, so this
vacation ordinance shall not be
recorded until:
a. Dedication of 174th Street
Southwest Road has been
dedicated to the public on a
deed or other instrument of
conveyance; and
b. The deed or instrument
containing such dedication has
been recorded with the
Snohomish County Auditor.
Section 2. Portion of Right -of -Way Vacated. That
unopened portion of 174th Street Southwest right-of-way measuring
approximately 115 feet by 30 feet, lying west of 68th Avenue West
and north of the developed 174th Street Southwest Road in Edmonds,
-4-
CAM22606.10/0006.190A.064
Washington, and which is legally described in Exhibit B to this
ordinance is hereby vacated.
Section 3. Duties of the City Clerk The City Clerk is
directed to record a certified copy of this ordinance with the
Snohomish County Auditor, after such time as the improved right-of-
way of 174th Street Southwest Road has been dedicated to the
public, either by deed or other conveyancing instrument and such
has been recorded.
Section 4. Effective Date. This ordinance shall take
effect five (5) days after passage and publication of the ordinance
or a summary thereof consisting of the title.
APPROVED:
i
YOB:LAURA M. TiALL
ATTEST/AUTHENTICATED:
ITY CLERK, RHONDA J. MARCH
APPROVED AS TO FORM:
OFFICE F THE CITY ATTORNEY:
BY
FILED WITH THE CITY CLERK: June 16, 1992
PASSED BY THE CITY COUNCIL: July 7, 1992
PUBLISHED: July 12, 1992
EFFECTIVE DATE: July 17, 1992
ORDINANCE NO. 2889
-5-
CAM22606.10/0006.190A.064
N VACATION
vJ E
S
WALKER STEVENS ROBINSON BEND/
144--0602 144-0503 144-0404 144TO305
--------------
\UGHLIN VENTRELLO
145- 502
_AUGHLIN
145- 0106
AVRILOVICH
145-1708
ROM RD
0
HOWAF
145-04a
DATE FILE NO# RES. NO# ORD. NO#
7-7-92 ST-92-65 742 2889
EXHIBIT A
EXHIBIT "B"
City to vacate:
That portion of the West 428.00 feet of the North 30.00 feet of
Tract 145 of Meadowdale Beach, as recorded in Volume 5 of Plats,
Page 38, Records of Snohomish County, Washington, lying East of
the East line of that tract of land conveyed to Merle S.
McLaughlin by the City of Edmonds as recorded under Auditor's file
No. 7905030267.
STATE OF WASHINGTON,
COUNTY OF SNOHOMISH,
7th day of July, 1992, the City Council of file City of
nosed Ordinance No. 2889. A summary of the content
iF-WAY LYING WEST OF 681H AVL-NUt WLZII ANU
OF DEVELOPED 174TH STREET SOUTHWEST AND
A TIME WHEN THE SAME SHALL BECOME EFFEC-
II text of this Ordinance will be mailed upon request.
this 8fh day of July, 1992.
RHONDA J. MARCH, City Clerk
N VACATIot,
WALKER STEVENS ROBINSON BEND/
fU,OW2 ,M'�1S IM-0 4
D:ST:&0503Q267)':::\::`2`::........
aUGHLIN VENTRELLOys Hb1TVARb
I
.AUGHLIN AVRILOVICH HOWAF
i I
I'
Published: July' 12, 1992. 1
S&
Affidavit of Publication
RSCEIVEQ
j U ► 1 7 1992
'Edmonds City Clerk
The undersigned, being first duly sworn on oath deposes and says
that she is Principal Clerk of THE HEPALD, 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 ........................................
.._Summary_ of_ Ordinance No. 2889 with Map "A'
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:
...July 12, 1992
.......................
and that said newspaper was regularly distributed to its subscribers
during all'of sai period.
✓ r
�..........::: wL-:�...:... ��-::.......:� -� ,.
........................
incipal Clerk
Subscribed and sworn to before me this ......... 1.4th
day of ... i1.Y..........'..... .....r '.... ................1 1
- tat
. ...... - .....
Notaryublic in and for the State of W,
residin Everett, Snohomish County.
B-2-1