Ordinance 29940006.190A.059
WSS/rin/are
11/09/94
ORDINANCE NO. 2994
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, VACATING A PORTION OF THE RIGHT-OF-
WAY OF A PUBLIC ALLEY LOCATED BETWEEN 7TH
AVENUE NORTH AND 8TH AVENUE NORTH, SOUTH OF
SPRAGUE STREET AND NORTH OF EDMONDS STREET,
DESCRIBED HEREIN AND FIXING A TIME WHEN THE
SAME SHALL BECOME EFFECTIVE.
WHEREAS, the City Council received the application of Spencer and Gloria
Frazier and others to vacate a public alley line between 7th Avenue North and 8th Avenue
North, south of Sprague and north of Edmonds Street, located in the City of Edmonds,
Washington, and
WHEREAS, following Resolution of Notice of Intent to Vacate and a public
hearing, the City Council determines it to be in the public interest to vacate the property, and
WHEREAS, the City Council finds that the applicant has proposed the vacation
in order to construct a retaining wall to stabilize a steep slope environment behind his property,
and
WHEREAS, the City Council finds that the public benefit from the installation
of a properly engineered improvement stabilizing the hillside will benefit the public in an amount
equal to or in excess of the compensation which the City could derive from the property, and
WHEREAS, the City Council finds that the applicant be given a credit for monies
actually spent on an engineered retaining wall on a dollar -for -dollar basis, now, therefore,
87838.1 -1-
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO
ORDAIN AS FOLLOWS:
Section 1. The City Council hereby finds that a public alley located between 7th
Avenue North and 8th Avenue North in the City of Edmonds, south of Sprague Street and north
of Edmonds Street, legally described on the attached Exhibit A and incorporated herein by this
reference as if set forth in full, is surplus to the needs of the City and shall be vacated. This
finding of vacation is based upon facts presented at the public hearing before the City Council
on September 19 and November 19, 1994. The vacation is contingent upon payment of the sum
of $7,500 within 90 days of the passage of this ordinance. The City Council hereby authorizes
the City Clerk to either receipt such amount or to note proof of payment or commitment by the
applicant of an equivalent amount for the engineering and construction of a retaining wall within
said former right-of-way. Any payments made upon the retaining wall will be credited in a
dollar -for -dollar amount against the compensation to be paid the City.
Section 2. Upon receipt of $7,500 or proof of payment for a retaining wall on
an equal amount or a combination thereof equal to $7,500 within said 90 day period, the City
Clerk is hereby directed to record a copy of this ordinance in the land records of Snohomish
County. Failure to provide payment or proof of payment on a retaining wall within the 90 day
period shall result in the provisions of this ordinance being void and without effect. The City
Clerk shall thereon report to the Council in order that this ordinance may be rescinded.
Section 3. Severability. If any section, sentence, clause or phrase of this
ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction,
87838.1 -2-
such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other
section, sentence, clause or phrase of this ordinance.
Section 4. Effective Date. This ordinance, being an exercise of a power specifi-
cally delegated to the City legislative body, is not subject to referendum, and shall take effect
five (5) days after passage and publication of an approved summary thereof consisting of the
title.
ATTEST/AUTHENTICATED:
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
BY �C'
] ) �P�
FILED WITH THE CIT LERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO.
... •
AURA M. HALL
11/9/94
11/15/94
11/20/94 01/08/95
11/25/94 01/13/95
87838.1 -3-
T u"- 1 i- 4- F F_' I 1 CI 4- E. F' - Vi 1
EXHIBIT "A"
All that portion of a public alley lying South of and adjacent to
Tots 16, 17, 18, 19 and 20, Block 85, city of Edmonds, according
to the plat thereof recorded in Volume 2 of Plats, page 39,
records of Snohomish county, Washington
005
SUMMARY OF ORDINANCE NO. 2994
of the City of Edmonds, Washington
On the 15thday of November, 199 4 , the City Council of the City of Edmonds,
passed Ordinance No. 2994 A summary of the content of said ordinance, consisting
of the title, provides as follows:
AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, VACATING A
PORTION OF THE RIGHT-OF-WAY OF A PUBLIC ALLEY LOCATED BETWEEN 7TH
AVENUE N. AND 8TH AVENUE N., SOUTH OF SPRAGUE STREET AND NORTH OF
EDMONDS STREET, DESCRIBED HEREIN AND FIXING A TIME WHEN THE SAME
SHALL BECOME EFFECTIVE.
The full text of this Ordinance will be mailed upon request.
DATED this l v,ttli day of November , 199 4
SUMMARY OF ORDINANCE NO. 2994
of the City of Edmonds, Washington
On the 15thday of November, 199 4 , the City Council of the City of Edmonds,
passed Ordinance No. 2994 A summary of the content of said ordinance, consisting
of the title, provides as follows:
AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, VACATING A
PORTION OF THE RIGHT-OF-WAY OF A PUBLIC ALLEY LOCATED BETWEEN 7TH
AVENUE N. AND 8TH AVENUE N., SOUTH OF SPRAGUE STREET AND NORTH OF
EDMONDS STREET, DESCRIBED HEREIN AND FIXING A TIME WHEN THE SAME
SHALL BECOME EFFECTIVE.
The full text of this Ordinance will be mailed upon request.
DATED this day of _ `��� , 199
F R I 1 c, E
0
EXHIBIT "A"
All that portion -of a public alley lying South of and adjacent to
Lots 16, 17, 18, 19 and 20, Block 85, City of Edmonds, according
to the plat thereof recorded in Volume 2 of Plats, page 39,
records of Snohomish county, Washington
ams 9/6i q¢
005
STATE OF WASHINGTON,
COUNTY OF SNOHOMISH,
SUMMARY OF
ORDINANCE NO. 2994
of the City of
Edmonds, Washington
On the 15th' Uay of
November, 1994, the City
Council of the . City of
Edmonds," passed Ordinance
No. 2994. A summary of .the
content of said ordinance,
consisting of the title, provides
THE RI01-IT-01 ,
PUBLIC A
Tha full text of this
Ordinance will be mailed upon
repuesl.
DATED this 5th day, of
Janus 1995.
QNDA J. MARCH
City Clerk
EXHIBIT A
All that portion of a public alley
lying South of and adjacent to
Lots 18; 17 18, 19 and 20,
Block 85, dity of Edmonds,
according to the plat thereof
records in Volume 2 of Plats
of
Snohomish9� recordCounty,
Washington.
RAY H. SCHUTROP
Registered Professional:
Land 54rveyor
Date: Aune 2, 1994.
Pubiishhed: January 8, 1995. `
as.
Affidavit of Publication
RECEIVED
J APd 12 1995
EDMONDS CITY CLERK
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 ............:.......... I................
Summary of Ordinance No. 2994
.......
City.....of ...Ed.monds..:.........................................................................................
......................................................................................................................................
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:
....Janua>:X.$s...1.9.............................................................
and that said -news aper was regularly distributed to its subscribers
durin"ll of said ri
............... .......................(.-......................//... V..'!..:. :-.............f .......................
`cipal Clerk
Subscribed and sworn to before me this ......... 9th-..........
day, -;of ......... .._ January......., ................... 19-95..
IV
.........:.Lo—�.5 ................... ...........
Notary Public in and frS...........
Washington,
residing at Everett, Snoho alYCounty.
joN
e�OTA4?$-
B-2-1
e
STATE OF WASHINGTON,
ss.
COUNTY OF SNOHOMISH,
I
Published: November 20, 1994.
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
Court of Snohomish County and that the notice................... ....................
....... C.i, tay._- o f --Z dmoxids.............................................................................
Summary of Ordinance No. 2994
... ...................................................
---......................... -................................................................. ------------- -.........................
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:
N.ove..mbex.. ... 20.).... 19 9 4.......-••................................................••------•-----.........
.....................................................................................................................................
and that said newspaper was regularly distributed to it ubscribers
during 1 of sape iod. l //
Principal Clerk
Subscribed and sworn to before me this........ 1.. t
November 94
dof ........ .......... ....... .----........, 19... ...
---------- ------ --- --- --------
Notary Public in and fokoi
ate of Washington,
residing at Everett, SnoCounty.
OOTARr
''U B'-1,G
��► 5-� 9 sa
�OF WASO�
B - 2 - 1,
SERAGUE
-1 U-i
3:
T>
<PROPOSED ALLEY VACATION
0 0
MOODS (D U)
00
BELL
7
E7: j I �{ f
cl 0
MAIN,
ORDINANCE NO. 2994
EXHIBIT "K
2:1
CITY CLERK.
CSVIC CENTER
,I D►vT0NDS. NAIA 'Bozo
0006.190A.059
WSS/rin/are
11/09/94
1 I HEREBY CERTIFY THIS TO BE A Ti?.IJ�_AND
CORRECT COPY OF THE: ORICil N (�
MY OFFICE AS PART OF THE O :_;ICrR��;; aC►��4;�
OF THE CITY OF EDMONDS. `�G;
CLERK
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, VACATING A PORTION OF THE RIGHT-OF-
WAY OF A PUBLIC ALLEY LOCATED BETWEEN 7TH
AVENUE NORTH AND 8TH AVENUE NORTH, SOUTH OF
SPRAGUE STREET AND NORTH OF EDMONDS STREET,
0 DESCRIBED HEREIN AND FIXING A TIME WHEN THE
SAME SHALL BECOME EFFECTIVE.
WHEREAS, the City Council received the application of Spencer and Gloria
Frazier and others to vacate a public alley line between 7th Avenue North and 8th Avenue
North, south of Sprague and north of Edmonds Street, located in the City of Edmonds,
Washington, and
ORDINANCE NO. 2994
WHEREAS, following Resolution of Notice of Intent to Vacate and a public
hearing, the City Council determines it to be in the public interest to vacate the property, and
WHEREAS, the City Council finds that the applicant has proposed the vacation
in order to construct a retaining wall to stabilize a steep slope environment behind his property,
and
WHEREAS, the City Council finds that the public benefit from the installation
of a properly engineered improvement stabilizing the hillside will benefit the public in an amount
equal to or in excess of the compensation which the City could derive from the property, and
WHEREAS, the City Council finds that the applicant be given a credit for monies
actually spent on an engineered retaining wall on a dollar -for -dollar basis, now, therefore,
87939.1 -1-
VOL.30®®PAGE0502
THE CITY COUNCIL, OF THE CITY OF EDMONDS, WASHINGTON, DO
ORDAIN AS FOLLOWS:
Section 1. The City Council hereby finds that a public alley located between 7th
Avenue North and 8th Avenue North in the City of Edmonds, south of Sprague Street and north
of Edmonds Street, legally described on the attached Exhibit A and incorporated herein by this
reference as if set forth in full, is surplus to the needs of the City and shall be vacated. This
finding of vacation is based upon facts presented at the public hearing before the City Council
on September 19 and November 19, 1994. The vacation is contingent upon payment of the sum
of $7,500 within 90 days of the passage of this ordinance. The City Council hereby authorizes
the City Clerk to either receipt such amount or to note proof of payment or commitment by the
applicant of an equivalent amount for the engineering and construction of a retaining wall within
said former right-of-way. Any payments made upon the retaining wall will be credited in a
dollar -for -dollar amount against the compensation to be paid the City.
Section 2. Upon receipt of $7,500 pr proof of payment for a retaining wall on
an equal amount or a combination thereof equal to $7,500 within said 90 day period, the City
Clerk is hereby directed to record a copy of this ordinance in the land records of Snohomish
County. Failure to provide payment or proof of payment on a retaining wall within the 90 day
period shall result in the provisions of this ordinance being void and without effect. The City
Clerk shall thereon report to the Council in order that this ordinance may be rescinded.
Section 3. Severability. If any section, sentence, clause or phrase of this
ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction,
87838.1 -2-
9502430240 von . 03
.
r
such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other
section, sentence, clause or phrase of this ordinance.
Section 4. Effective Date. This ordinance, being an exercise of a power specifi-
cally delegated to the City legislative body, is not subject to referendum, and shall take effect
five (5) days after passage and publication of an approved summary thereof consisting of the
title.
APPROVED:
MAYbR—,LAU'R,�
ATTEST/AUTHENTICATED :
CftY CLERK, • D, J. MARCH
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
BY
FILED WITH THE CIT LERK: 11/9/94
PASSED BY THE CITY COUNCIL: 11/15/94
PUBLISHED: 11/20/94
EFFECTIVE DATE: 11/25/94
ORDINANCE NO. 2994
87838.1 -3-
9502030�,P40
01/08/95
01/13/95
m.3000PAGE0504
' '• „7rLIN— 1 f —c' q. F F.' I 1 �-+ -� E-
1
P — Ly t
EXHIBIT "A"
All that portion of a public alley lying South of and adjacent to
Lots 16, 17, 18, 19 and 20, Block 85, City of Edmonds, according
to the plat thereof recorded in Volume 2 of Plats, page 39,
records of Snohomish county, Washington
SCH
of *A0.
sy��T�
N fn
L MAD
S98
9/6i q¢
9502030240
rn CO
C
O C12
z
ao
Ldl�
.7:
4
ri
-' 7J
Ln
005
VOL.3000PaGE0505
Costs related to retaining wall to be constructed by Spencer Frazer in connection with alley
vacation (Ordinance 2994):
Paid to:
CT Engineering
Structural Engineering Services
$ 350.00
University Reprograph.
Plan Printing Costs
13.53
Glenn Takagi
Landscape Architect
555.00
Glenn Takagi
Landscape Architect
1,110.00
University Reprograph.
Plan Printing & Level Rental
53.02
Glenn Takagi
Landscape Architect
540.00
CT Engineering
Structural Engineering Services
175.00
Weiss, Jensen, Ellis & Howard
Legal Services
1,919.00
Weiss, Jensen, Ellis & Howard
Legal Services
2,252.00
Sub -Total prior to construction costs: 6,967.55
Proposals received:
Hodge & Sons Construction Retaining Wall & related work 28,000.00
base bid without tax
Pacific Landscaping Removal of tree stumps, fence 27,742.00
drainage & grading, etc. (base bid
without alternates & taxes)
ESTIMATED TOTAL $62, 709.55
F/CLERWFRAZER/1/17195
Reviewed & Approved for Recording of Alley Vacation Ordinance
l
ity Afforn6y Pate
G I N E E R I N
September 13, 1994
INVOICE 4133
GlennTakagi, ASLA
18550 Firlands Way N #102
Seattle, WA 98133
Project #9.4133
Property: Landscape walls
Invoice for theperiod: August 7throu h 31 1994
STRUCTURAL ENGINEERING SERVICES Rate Charge
Hours — $350.00
ENGINEMNG/JWH 5.00 $70.00
Subtotal $350 00
`UNIVERSITY REPROGRAPHICS, INC. `
3806 WOODLAND PARK AVE. N.
SEATTLE, WA 98103 • - ,
PHONE (206) 633-0925 FAX (206) 633-0945
d
2 V'( 0 7A
INVOICE No.
MOpUM (206) 633-073
$��.,A
- L
q
DATE (
WANTED BY
DAY
HOUR
ORIGINALS
To
PRINTS
TO
CUSTOMER'S
ORDER NO.-,.,
ORDERED
BY
STAPLE
]EDGE
BIND
FULL
BIND
NO. OF
ORIG.
PRINTS
EACN
KIND
CODE NO.
SPECIAL
- INSTRUCTIONS
-
DESCRIPTION
SO. FT.
EA
TOTAL
SQ. FT.
PRICE
PER 5O"
Fr.
TOTAL
A - BLUELINE
B • BLACKLINE
-'
F - LASER COLOR COPIES L ILM N T
r- ;'`' G = AUTOPOS MYLAR (MATT . M {, ILM POSITIVE •
4_.
S. • DIFF. TRANS. (POS-STAT)
: ' X' • XEROX
r
D •SEPIA TRACING - , J • PHOTO PAPER (STABLE) P • PLOTTING
Glenn Takagi
Landscape Architect
7-Oct-94
Gloria and Spencer Frazer
315 8th Ave North
Edmonds, WA 98020
RE. Landscape Architectural Services Rendered for: Front Entry Garden
INVOICE/STATEMENT
Service:
date task hours
8.8-10.94. Plan devlpt./coord. 8.50 n/c 1
8.23 Bid coordination. 0.25
9.19 City Hearing/coord. 2.50 n/c 1
Total Hours 11.25
Adjusted Hours 9.25 @ $60'
Service Total: $555.00
Additional Services:
9.13.94 CT Engineering (for work performed 8.7-8.31.94) $350.00
Additional Services Total: $350.00
Materials:
8.8.94 University Reprographics #26707 $12.50
Sub Total $12.50
r
WSST $1 .0 3
Materials Total $13.53
Tkanyou,
unt Due This Statement: $9i8.53
c�
T {
Glenn Takagi
Landscape Architect
1-Jun-94
Gloria and Spencer Frazer
315 8th Ave North
Edmonds, WA 98020
RE Landscape Architectural Services Rendered for
INVOICE/STATEMENT
Service:
date
task
2.23.94
Survey, plan revisions.
3.1 ,2.94
Plan development, coord.
3.8.94
Coord. mtg. w/ City.
3.14-4.12
General coord.
4.18.94
Plan development.
4.27.94
Plan dlvpt., review mtg. w/Owners.
5,10.94
Take offs/$$ Estimate.
5.17,18
Coord. w/Owner, revised $$ Estimate.
Materials:
Total Hours
Adjusted Hours
Service Total:
University Repro. # 19479
University Repro. # 24120
Level Rental
WSST
Materials Total:
Total
hours
5.50
4.00
1.00
0.75
2.00
3.25
2.00
2.75
21.25
18.50
$7.50
$14.00
$27.50
$4.02
Front Entry Garden
n/c .5
n/c .25
n/c
n/c .25
n/c .25
n/c .75
Cud $60/h
�1 ,1 10.00
PA I D U r,e s a
J' tA02
1,163.02
18550 Firlands Way N. #102 • Seattle, WA 98133 • (206) 542-6100 • Fax (206) 542-6100
• t
Glenn Takagi
Landscape Architect
1-Aug-94
Gloria and Spencer Frazer
315 8th Ave North
Edmonds, WA 98020
RE Landscape Architectural Services Rendered for:
INVOICE/STATEMENT
Service:
date
task
6.9.94
Plan revisions.
6.10
Plan revisions.
6.16
Revised $$ Estimate.
6.17
Meeting w/Owner.
6.22
Coord. w/Structural.
7.1
Const. Details.
7.14,21,25
Construction Plans.
7.27
Meeting w/Owner.
Total Hours
Adjusted Hours
Service Total:
Additional Services:
7.11 CT Engineering #4133
Additional Services Total:
Total Amount Due This Statement:
Thank you,
hours
Front Entry Garden
0.50
n/c
1.25
1.00
2.00
n/c .25
1.00
n/c
0.50
2.75
2.00
n/c .25
11.00
9.00
Q $60/hr. -
540.00
�$175.00
$175.00
$715.00
k•
18550 Firlands Way N. #102 # Seattle, WA 98133 # (206) 542-6100 # Fax (206) 542-6100
SEATTLE OFFICE
31 50 FIRST INTERSTATE CENTER
999 THIRD AVENUE
SEATTLE. WASHINGTON 98104
TELEPHONE (206) 340-1825
(800) 736-2554
FACSIMILE (206) 623.4363
STATEMENT
WEISS, JENSEN, ELLIS & HOWARD
A PROFESSIONAL CORPORATION
ATTORNEYS AT LAW
SOG SPECIALTY KNIVES, INC.
ATTN: SPENCER FRAZIER
P. 0. BOX 1024
EDMONDS, WA 98020
Please Detach and Return Above Portion With Payment
PORTLAND OFFICE
2300 U.S. BANCORP TO%
1 1 1 S.W. FIFTH AVENL
PORTLAND. OREGON 97;
TELEPHONE (503) 243.2?
(800) 736-2301
FACSIMILE(503) 241.80
NOVEMBER 14, 19
PAGE 3
080273-0001
RE: GENERAL
PREVIOUS BALANCE . . . . . . . . . . . . . . . . $1,919.00
LESS PAYMENTS RECEIVED . . . . . . . . . . . . . 1,919.00-
-------------
BALANCE BROUGHT FORWARD . . . . . . . . . . . . . . . . . . $ .0
TOTALBALANCE DUE . . . . . . . . . . . . . . . . . . . . .$2,262.0
cu( . Jwl
Payments received and costs advanced on your behalf that are posted after the statement date will be reflected in a subsequent statement. Payment is due
in U.S. dollars upon receipt of statement. A late payment charge of 1 '/h % per month will accrue on unpaid statements after 30 days from date of statement.
WEISS, JENSEN, ELLIS & HOWARD -3
ID 93-0842456
Im
STATEMENT
SEATTLE OFFICE
O FIRST INTERSTATE CENTER
999 THIRD AVENUE
�;EATTLE, WASHINGTON 981 04
TELEPHONE(206) 340-1825
(800) 736-2554
FACSIMILE (206) 623.4363
WEISS, JENSEN, ELLIS & HOWARD
A PROFESSIONAL CORPORATION
ATTORNEYS AT LAW
SOG SPECIALTY KNIVES, INC.
ATTN: SPENCER FRAZIER
P. 0. BOX 1024
EDMONDS, WA 98020
M
Please Detach and Return Above Portion With Payment
RE: GENERAL
SERVICES POSTED AS OF 10/31/94
9/30/94
TELEPHONE CONFERENCE WITH MR.
FRAZER
9/30/94
TELEPHONE CONFERENCE WITH MR.
FRAZER RE STATUS OF INVESTIGATIONS
AND DISCUSSIONS
10/03/94
REVIEW MINUTES OF EDMONDS MEETING
ON ALLEY VACATION AND TELEPHONE
CONFERENCES WITH MESSRS. SELLERS
AND FRAZER RE NEGOTIATIONS WITH MS.
HENNUM
10/04/94
DRAFT CORRESPONDENCE TO MR. SELLERS
PROPOSING RESOLUTION OF DISPUTE
10/05/94
TELEPHONE CONFERENCE WITH MR.
FRAZIER RE SUBCHAPTER S STATUS
10/11/94
LEGAL RESEARCH RE ARGUMENTS FOR
PARTIAL VACATION/ABANDONMENT OF
ALLEYS/PUBLIC RIGHTS OF WAY
10/12/94
TELEPHONE CONFERENCES WITH SPENCER
FRAZER, SCOTT SNYDER (CITY OF
EDMONDS ATTORNEY), WALT SELLERS'
ASSISTANT RE ALLEY ISSUES; LEGAL
RESEARCH RE CITY COUNCIL ISSUES
10/13/94
CONFERENCE WITH MR. CHRISTIANSEN
10/13/94
CONFERENCE WITH MR. ELLIS;
PORTLAND OFFICE
2300 U.S. BANCORP TOWER
1 1 1 S.W. FIFTH AVENUE
PORTLAND, OREGON 97204
TELEPHONE(503) 243-2300
(8001 736-2301
FACSIMILE (503) 241 -801 4
NOVEMBER 14, 1994
PAGE 1
080273-0001
Payments received and costs advanced on your behalf that are posted after the statement date will be reflected in a subsequent statement. Payment Is due
in U.S. dollars upon receipt of statement. A late payment charge of 1 1h % per month will accrue on unpaid statements after 30 days from date of statement.
WEISS, JENSEN, ELLIS & HOWARD
f-
SEATTLE OFFICE
,O FIRST INTERSTATE CENTER
999 THIRD AVENUE
;EATTLE, WASHINGTON 96104
TELEPHONE (206) 340.1825
(800) 736.2554
FACSIMILE (206) 623.4363
STATEMENT
WEISS, JENSEN, ELLIS & HOWARD
A PROFESSIONAL CORPORATION
ATTORNEYS AT LAW
SOG SPECIALTY KNIVES, INC.
ATTN: SPENCER FRAZIER
P. 0. BOX 1024
EDMONDS, WA 98020
RE: GENERAL
r
r
Please Detach and Return Above Portion With Payment
TELEPHONE CONFERENCES WITH MESSRS.
SELLERS AND FRASIER RE ALLEY ISSUE
10/14/94
TELEPHONE CONFERENCE WITH MR.
FRASIER RE HEARING STRATEGY
10/17/94
TELEPHONE CONFERENCES WITH MR.
SNYDER (CITY ATTORNEY), MR. CHAVE
(CITY PLANNER) TO FOLLOW UP RE
ALLEY VACATION
10/18/94
TELEPHONE CONFERENCE WITH MR.
FRAZER; PREPARE FOR, TRAVEL TO AND
ATTEND EDMONDS CITY COUNCIL
HEARING, AND CONFER WITH WALT
SELLERS, SCOTT SNYDER AND SPENCER
FRAZER RE POSSIBLE RESOLUTIONS OF
HENNUM OBJECTIONS
10/28/94
TELEPHONE CONFERENCE WITH MR.
SELLERS RE HENNUM NEGOTIATION
10/31/94
TELEPHONE CONFERENCES WITH WALT
SELLERS AND SPENCER FRASER RE
HENNUM NEGOTIATIONS
PORTLAND OFFICE
2300 U.S. BANCORP TOWER
1 1 1 S.W. FIFTH AVENUE
PORTLAND, OREGON 97204
TELEPHONE (503) 243-2300
(600) 736.2301
FACSIMILE (503) 24 1 -801 4
NOVEMBER 14, 1994
PAGE 2
080273-0001
TOTAL SERVICES POSTED AS OF 10/31/94 . . . . . . $2,252.00
TOTAL THIS BILLING . . . . . . . . . . . . . . . . . . . $2,262.00
Payments received and costs advanced on your behalf that are posted after the statement date will be reflected in a subsequent statement. Payment is due
In U.S. dollars upon receipt of statement. A late payment charge of 1 1/2 % per month will accrue on unpaid statements after 30 days from date of statement.
WEISS, JENSEN, ELLIS & HOWARD
ID 93-0842456
SEATTLE OFFICE
31 50 FIRST INTERSTATE CENTER
999 THIRD AVENUE
SEATTLE, WASHINGTON 98104
TELEPHONE(206) 340-1825
(600) 736-2554
FACSIMILE (206) 623.4363
STATEMENT
WEISS, JENSEN, ELLIS & HOWARD
A PROFESSIONAL CORPORATION
ATTORNEYS AT LAW
SOG SPECIALTY KNIVES, INC.
ATTN: SPENCER FRAZIER
P. 0. BOX 1024
EDMONDS, WA 98020
Please Detach and Return Above Portion With Payment
RE: GENERA
PORTLAND OFFICE
2300 U.S. BANCORP Tow
1 1 1 S.W. FIFTH AVENUE
PORTLAND, OREGON 972(
TELEPHONE (503) 243.23C
(800) 736.2301
FACSIMILE (503) 241 -801
OCTOBER 18, 199,
PAGE 3
080273-0001
PREVIOUS BALANCE . . . . . . . . . . . . . . . . $175.00
LESS PAYMENTS RECEIVED . . . . . . . . . . . . . 176.00-
-------------
BALANCE BROUGHT FORWARD . . . . . . . . . . . . . . . . . . $ .0
------------
TOTAL BALANCE DUE . . . . . . . . . . . . . . . . . . . . . $1,919.0
P A I D OCT 2 7 1994
Payments received and costs advanced on your behalf that are posted after the statement date will be reflected in a subsequent statement. Payment is due
in U.S. dollars upon receipt of statement. A late payment charge of 1 'f2 % per month will accrue on unpaid statements after 30 days from dale of statement
WEISS, JENSEN, ELLIS & HOWARD ,
ID 93-0842456
STATEMENT
SEATTLE OFFICE
1 50 FIRST INTERSTATE CENTER
999 THIRD AVENUE
�;EATTLE. WASHINGTON 98104
TELEPHONE (206)340.1825
(800) 736.2554
FACSIMILE (206) 623-4363
WEISS, JENSEN, ELLIS & HOWARD
A PROFESSIONAL CORPORATION
ATTORNEYS AT LAW
SOG SPECIALTY KNIVES. INC.
ATTN: SPENCER FRAZIER
P. 0. BOX 1024
EDMONDS, WA 98020
Please Detach and Return Above Portion With Payment
E: GENERA
SERVICES POSTED AS OF 9/30/94
9/09/94
TELEPHONE CONFERENCE WITH MESSRS.
FRAZIER AND WILES RE GOVERNMENT
CONTRACT APPLICATION
9/13/94
TELEPHONE CONFERENCE WITH MAJOR
PENDOLINO, RE FEDERAL SPECIFICATION
IDENTIFICATION; TELEPHONE
CONFERENCE WITH MR. FRAIZER RE SAME
9/20/94
TELEPHONE CONFERENCE WITH MAJOR
PENDELINO RE ISO 9001, 9002 AND FS
368
9/20/94
TELEPHONE CONFERENCE WITH MR.
FRAZIER RE PROPERTY ISSUE;
CONFERENCE WITH MR. CHRISTIANSEN;
TELEPHONE CONFERENCE WITH MR.
FRAZIER
9/23/94
ATTEND MEETING WITH MR. FRAZIER
9/23/94
OFFICE CONFERENCE WITH MR. ELLIS RE
FRASIER ALLEY VACATION DISPUTE;
TRAVEL TO AND FROM FRASIER PROPERTY
TO HOLD CONFERENCE WITH SPENCER
FRASIER AND VIEW DISPUTED PROPERTY;
REVIEW MATERIALS FROM CLIENT ON
HEARING AND ANALYZE TACTICS TO USE
IN PURSING VACATION
PORTLAND OFFICE
2300 U.S. BANCORP TOWER
1 1 1 S.W. FIFTH AVENUE
PORTLAND, OREGON 97204
TELEPHONE (503)243.2300
(800) 736.2301
FACSIMILE (503) 241-8014
OCTOBER 18, 1994
PAGE 1
080273-0001
0
Payments received and costs advanced on your behalf that are posted after the statement date will be reflected in a subsequent statement. Payment is due
In U.S. dollars upon receipt of statement. A late payment charge of 1 'k % per month will accrue on unpaid statements after 30 days from date of statement.
WEISS, JENSEN, ELLIS & HO"TARD
In n1-nn4,4rf'
♦ i+
SEATTLE OFFICE
150 FIRST INTERSTATE CENTER
999 THIRD AVENUE
3EATTLE, WASHINGTON 98104
TELEPHONE (206) 340-1825
(800) 736.2554
FACSIMILE (206) 623.4363
STATEMENT
WEISS, JENSEN, ELLIS & HOWARD
A PROFESSIONAL CORPORATION
ATTORNEYS AT LAW
SOG SPECIALTY KNIVES, INC.
ATTN: SPENCER FRAZIER
P. 0. BOX 1024
EDMONDS, WA 98020
9
Please Detach and Return Above Portion With Payment
RE% GENERAL
9/26/94
TELEPHONE CONFERENCES WITH CITY OF
EDMONDS RE ALLEY VACATION HEARING
INFORMATION
9/27/94
LEGAL RESEARCH RE ALLEY
VACATION/TAX ISSUES, AND LATERAL
SUPPORT RIGHTS AND LIABILITIES
9/28/94
TELEPHONE CONFERENCES WITH EDMONDS
CITY CLERK, PLANNING DIVISION AND
CITY COUNCIL'S OFFICES RE FRAZER
ALLEY VACATION PROCESS
9/29/94
TELEPHONE CONFERENCES WITH MR.
WILSON OF EDMONDS PLANNING DIVISION
AND MR. HENDRICKS. MS. HANNAN'S
ATTORNEY, RE ALLEY VACATION ISSUES;
LEGAL RESEARC14 RE POSSIBLE TACTICS
TO FORCE VACATION/ABANDONMENT OF
ALLEY
PORTLAND OFFICE
2300 U.S. BANCORP TOWER
I I I S.W. FIFTH AVENUE
PORTLAND, OREGON 97204
TELEPHONE (503) 243-2300
(800) 736-2301
FACSIMILE (503) 241 -801 4
OCTOBER 18, 1994
PAGE 2
080273-0001
TOTAL SERVICES POSTED AS OF 9/30/94. . . . . . . $1,919.00
TOTAL THIS BILLING . . . . . . . . . . . . . . . . . . . .
$1,919.00
Payments received and costs advanced on your behalf that are posted after the statement date will be reflected in a subsequent statement. Payment is due
in U.S, dollars upon receipt of statement. A late payment charge of 1 'h % per month will accrue on unpaid statements after 30 days from date of statement.
WEISS, JENSEN, ELLIS & HO«YARD
jr) n-, n� i1 rn
i-il-I 4rt sYt*I Page No, 2of 2Pages
J rir4 "+14v.NµJI,
HODGE & SONS CONSTRUCTION, INC.
Concrete a Remodeling a New Constructlon
15022 N.E. 20ISt St,
Woodinville, WA 98072
(206) 483-5660
PROPOSA4SVBMITTED TO:
PHONE
GATE ,
SPENCER FRAZIER
771-6230
9-12-94
STREET
JOB NAME
315 8TH N.W.
FRAZIER RESIDENCE
CITY, STATE AND ZIP CODE
JOB LOCATION
EDMONDS, WA. 98026
SAME AS ABOVE
We hereby submit spacif Galion. and estlm.ta. tor•
BASE BID PRICE $28,000.00 TAX NOT INCLUDED
INCLUDES 2500.00 FOR DEMO AND GRADING, 300.00 FOR WALL ETAI,,
AND 500.00 FOR RADIUS VS STRAIGHT WALL,
OPTION: COLOR IN CONCRETE OR CONCRETE STAINING
2,295.00 TAX NOT INCLUDED
NOTICE TO CUSTOMER: THIS CONTRACTOR IS REGISTERED WITH THE STATE OF WASHINGTON AS A
GENERAL CONTRACTOR, REGISTRATION #HODGESC154MS, AND HAS POSTED WITH THE STATE A BOND
OF $6,000.00 FOR THE PURPOSE OF SATISFYING CLAIMS AGAINST THE CONTRACTOR FOR NEGLI-
GENT OR IMPROPER WORK FOR BREACH OF CONTRACT IN THE CONDUCT OF THE CONTRACTOR'S•BUS-
INESS. THE EXPIRATION DATE OF THE CONTRACTOR'S REGISTRATION IS 4-23-95. THIS BOND
.MAY NOT BE SUFFICIENT TO COVER CLAIMS WHICH MIGHT ARISE FROM THE WORK DONE UNDER YOUR
CONTRACT. IF ANY SUPPLIER OR MATERIALS USED IN YOUR CONSTRUCTION PROJECT OR ANY
EMPLOYEES OF THE CONTRACTOR OR SUBCONTRACTOR IS NOT PAID BY THE CONTRACTOR OR SUB-
CONTRACTOR ON YOUR JOB, YOUR PROPERTY MAY BE LIENED TO FORCE PAYMENT. IF YOU WISH
ADDITIONAL PROTECTION, YOU MAY REQUEST THE CONTRACTOR TO PROVIDE YOU WITH ORIGINAL
"LIEN RELEASE" DOCUMENTS FORM EACH SUPPLIER OR SUBCONTRACTOR ON YOUR PROJECT. THE
CONTRACTOR IS REQUIRED TO PROVIDE YOU WITH FURTHER INFORMATION ABOUT LIEN RELEASE
DOCUMENTS IF YOU REQUEST IT. GENERAL INFORMATION IS ALSO AVAILABLE FROM THE DEPT.
-'OF LABOR AND INDUSTRIES.
ATTORNEYS' FEES: IN THE EVENT OF DEFAULT OF THIS.AGREEMEMT BY'THE OWNER FOR FAILING TO
PAY'THE ENTIRE CONTRACT AMOUNT, HODGE & SONS CONSTRUCTION, INC. SHALL BE ENTITLED TO'AN
.AWARD OF. ATTORNEYS' FEES AND COSTS INCURRED IN THE LITIGATION, OR ARBITRATION, IN WHICH
HODGE & SONS CONSTRUCTION, INC. IS THE PREVAILING PARTY, '
11rupEwe hereby to furnish materiel and labor — complete In accordance with the above specifications, for the sum of:
dollars t$ ),
Payment to be made as follows:
ONE THIRD DOWN, WEEKLY PROGRESS PAYMENTS,
,AIL material Is guerantesd to be a specllled. All work to be completed In �t
werkmsnllke manner according to standard practices. Any alterations or deviation& Aulhorlsad
.. from the above spaellicatlons involving extra coats will be executed only upon written Slpmlure
orders, andwlll become an extra charge everted above the estimate, All agreements
' contingent upon strikes, accidents or delays beyond our control. Owner to carry fire. Note: This proposal may be '
-L wind damags and other necessary Insurance, Our worker& era fully covered by withdrawn by us If not accepted within - - days.
Workmen's Compensation Insurance.
ArrpWarr of FnipI1 tad — The above paces,
specifications and oonditiont are alisfectory and are hereby accepted. You are Signature
evthorised to do the work as apecired. Payment will be made as outlined above,
Date of Aaepwcat:
Wound Pape No. of Pages
HODGE & SONS CONSTRUCTION, INC.
Concrete • Remodeling • New Construction
15022 N.E. 201st St.
Woodinville, WA 98072
(206) 483.5660
PROPOSAL SUBMITTED T0:
PHONE
DATE
STREET
315 8TH N.W.
JOB NAME
FRAZIER RESDIENCE
CITY, STATE AND ZIP CODE
JOB LOCATION
EDMONDS, WA. 98026
SAME AS ABOVE -
We hereby submit specifications and estim.tee for:
NEW CONCRETE DRIVEWAY AND WALL AS PER 2 PAGES OF PLANS, NOT DATED.
DRIVEWAY: DEMO AND REMOVAL OF OLD DRIVEWAY CUTTING DOWN ELEVATION AND
REMOVING EXTRA DIRT. FLAT WORK TO BE BROKEN UP IN 1' DIVISIONS WITH
DIVIDING STRIPS A'DIFFERENT COLOR AS PER PLAN, WITH #4 REBAR CONTINUOUS,
EXPANSION JOINT USED AGAINST ALL CONCRETE ABUTTMENTS. SCORE LINE DIVISIONS
AS PER PLAN BUT SUGGEST SINGLE LINES WHERE DOULBES ARE SHOWN IN DRIVEWAY.
WALLS: WALLS TO HAVE LARGER FOOTINGS AS PER PLAN WITH REBAR 16" ON CENTER.
DETAILING WITH CHAMPHER STRIPS. DRAINAGE BEHIND WALLS TO BE HOOKED INTO
EXISTING CATCH BASIN.
ESTIMATING 15 DAYS START TO FINISH, WEATHER PERMITING.
ALL GROUND TO BE COMPACTED TO 90% DENSITY IN CONCRETE AREAS, 6.6.10. GAUGE
WIRE MESH THROUGHOUT. BID FOR EXCAVATION AND ALL CONCRETE RELATED MATERIALS
AND LABOR TO SET UP, PLACE, AND FINISH.
TREE REMOVAL BY OTHERS. SANDSTONE NOT INCLUDED.
NOTICE TO CUSTOMER: THIS CONTRACTOR IS REGISTERED WITH THE STATE OF WASHINGTON AS A
GENERAL CONTRACTOR, REGISTRATION #HODGESC154MS, AND HAS POSTED WITH THE STATE A BOND
OF $6,000.00 FOR THE PURPOSE OF SATISFYING CLAIMS AGAINST THE CONTRACTOR FOR NEGLI*
GENT OR IMPROPER WORK FOR BREACH OF CONTRACT IN THE CONDUCT OF THE CONTRACTOR'S BUS—
INESS. THE EXPIRATION DATE OF THE CONTRACTOR'S REGISTRATION IS 4-23-95. THIS BOND
MAY NOT BE SUFFICIENT TO COVER CLAIMS WHICH MIGHT ARISE FROM THE WORK DONE UNDER YOUR
CONTRACT. IF ANY SUPPLIER OR MATERIALS USED IN YOUR CONSTRUCTION PROJECT OR ANY
EMPLOYEES OF THE CONTRACTOR OR SUBCONTRACTOR IS NOT PAID BY THE CONTRACTOR'OR SUB—
CONTRACTOR ON YOUR JOB, YOUR PROPERTY MAY BE LIENED TO FORCE PAYMENT. IF YOU WISH
ADDITIONAL PROTECTION, YOU'MAY REQUEST THE CONTRACTOR TO PROVIDE YOU WITH ORIGINAL
"LIEN RELEASE" DOCUMNETS FORM EACH SUPPLIER OR SUBCONTRACTOR ON YOUR PROJECT. THE
CONTRACTOR IS REQUIRED TO PROVIDE YOU WITH FURTHER INFORMATION ABOUT LIEN RELEASE
DOCUMENTS IF YOU REQUEST IT. GENERAL INFORMATION IS ALSO AVAILABLE FROM THE DEPT.
OF LABOR AND INDUSTRIES,
ATTORNEYS' FEES: IN THE EVENT OF DEFAULT OF THIS.AGREEMEMT BY'THE OWNER FOR FAILING TO
PAY'THE ENTIRE CONTRACT AMOUNT, HODGE $ SONS CONSTRUCTION, INC. SHALL BE ENTITLED M AN `
.AWARD OF ATTORNEYS' FEES AND COSTS INCURRED IN THE LITIGATION, OR ARBITRATION, IN WHICH
HODGE R SONS CONSTRUCTION, INC. IS THE PREVAILING PARTY.
Ile FrOp Of3P hereby to furnish materiel and labor — complete In accordance with the above specifications, for the sum oh
dollars (S ).
Payment to be made a followu
ONE THIRD DOWN, WEEKLY SS PAYMENTS.
All matarl.l Is guaranteed to be as specified. All work to be completed In a
workmenliZ. manner according to standard practices. Any alterations or devlollons Authorized
from the above rp.cule.dons Involving extra costs will be executed onlyupon written Signature
orders, and will become an extra charge over and above the estimate. All agreamenta
contingent upon strikes, accidents or delay. beyond our control. Owner to carry fire, Note: This proposal may be '
wind damage and other n.canary Insurance. Our workers are fully Covered by withdrawn by us If not accepted within 34 days,
Workman': Compensation Insuienca. '
t4i#Il�iµp of The above price&,
:pecillceUons and conditions are satisfactory end are hereby accepted. You an Signature
euthorhed to do the work as specified. Payment will be made -se outlined above,
Date of Acceptance:
Signature
Form 301
e
N
SCALE . Y®r
�u
4 CD iz, o,G. C3)Mo.
�'� tbWF.�.S C� rG�� 0•G. sr��
t 4 cotir( @ td, o,c,.
• 4 C.pl•(r; @ le, 0
• A i d
Aea � oeo
LL
j=��- UNpIsTU�►� NhT1VE
From Takagi /LdArcts Sep. 16. 1994 12: 47 i'll PCB
t
Receive,)
131D PORM
Gentlemen, dsra i
Having careful examined the, Notice to Bidders, Instructions to Bidders and Drawings entitled
Landscape Dovoiopment Plans for: FRAZER GARDEN
dated 8 % 1 G % 94 and sheets numbered 11--3 Addenda No.'s —
provided and In compliance with all legal requirements,
The undersigned, having familiarized himself with ilia existing conditions on the alto and the conditions
under which the work Is to be done, hereby proposes to furnish all labor, materials, equipment and
services necessary to perform all spoelfiad work for the site Improvements on the above named
project In strict accordance with the Contract Documents and all addenda Issued thereto, for the
following sums:
BASE BID: NOTE: THE FELLING AND FIREWOOD HAULING OF THE EXISTING TREES IN ISi.AND WILL BE
COMPLETED BY OWNER AND IS NOT A PART OF THE BASE BID. Pemoval of existing
tree stumps, chain link fence(and salvage), drainage and grading, construction of now
concrete ilatwork, concrete retaining walls, rock steps and outcrops, crushed rock
paving, timber steps, and electrical service, f --
TwenlrSevet7 7'h2usandSeven Hundred&ForLyfp dollars C::11 �7�r2 , 00
ALTERNATES,
1. irrigation System(Biddvr Design as approved by Land. Archt.).
2. Concrete Block Walls(at top of driveway and entry court).
One 7 t ts,_ �iy .i �It �S1_ �'1:h7.�"Lb r' -------- dollars
3. Adding 314" x 314" 'V` detail, grooves to face of southern driveway retaining walls.
Raveal shall be based on a"'310"(vertical) by 4'0"(horizontal) grid pattern.
No Change ange
_---___---..___ — .— ._��.._.�. �__--�— ,._dollars $—No Cl----
4. Adding color to concrete driveway field as well as divider strips.
Fifty dollars per cubic, yard of concrete, -----_-_ dollars $ 50.00 per cubic
of concrete
5. Sall preparation, entry lawn panel, and mulch on all bed areas.
Two Thousand, Three hundred & Fifty-°rhiefy�--� �ti__dotiaerr �. 21353 _00 `
A. Sales Tax;
The underslpnod agrees that none of, the abovo named pricos Include Washington State and Local
Sales Taxes.
From : Takagi/LdHt-•cts SFp.16.1994 12:47 Ptrl
13. Earliest Start TimOctobere; _ _ t yc?4, II
The undersigned agrees if awarded the Contract, to begin tho work as nogotlated*within
seven (7) calendar days after receiving the official Notice to Proa,%ng with work.
G. Time of Completion; °h►�cf
The undersigned agrees if awarded the Contract, to complete the work as negotiated, or within
forty five (45) calendar days after receiving the official Notice to Proceed with work.
D. Contract and Bond;
If written Notice of Acceptance of this bid Is mailed, or delivered to the undersigned within
thirty (30) days after the opening of the Bids, the undersigned agrees to execute and deliver a
Contract In the form specified within five (5) days after the prescribed forms are presented to
him for signature.
The name of every Subcontractor Interested in this [aid is as follows:
All Seasons Concrete Const.rttction
The Bidder is a corporation /partnership /individual.
By — Larry Arndt Title T Owner
------
Company Pacific. Landscaping
-------------------------
Address 2044 NE 10401 — Phone � 522-1830
Seattle WA 98125Dater....9/15/914
I
M
0006.190A.059
WSS/rin/are
11/09/94
2994
AN % ;ITY OF EDMONDS,
WASHIN _ _ _ _ . 1 ION OF THE RIGHT-OF-
WAY OP A PUBLIC ALLEY LOCATED BETWEEN 7TH
AVENUE NORTH AND 8TH AVENUE NORTH, SOUTH OF
SPRAGUE STREET AND NORTH OF EDMONDS STREET,
DESCRIBED HEREIN AND FIXING A TIME WHEN THE
SAME SHALL BECOME EFFECTIVE.
WHEREAS, the City Council received the application of Spencer and Gloria
Frazier and others to vacate a public alley line between 7th Avenue North and 8th Avenue
North, south of Sprague and north of Edmonds Street, located in the City of Edmonds,
Washington, and
WHEREAS, following Resolution of Notice of Intent to Vacate and a public
hearing, the City Council determines it to be in the public interest to vacate the property, and
WHEREAS, the City Council finds that the applicant has proposed the vacation
in order to construct a retaining wall to stabilize a steep slope environment behind his property,
and
WHEREAS, the City Council finds that the public benefit from the installation
of a properly engineered improvement stabilizing the hillside will benefit the public in an amount
equal to or in excess of the compensation which the City could derive from the property, and
WHEREAS, the City Council finds that the applicant be given a credit for monies
actually spent on an engineered retaining wall on a dollar -for -dollar basis, now, therefore,
87838.1 -1-
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO
ORDAIN AS FOLLOWS:
Section 1. The City Council hereby finds that a public alley located between 7th
Avenue North and 8th Avenue North in the City of Edmonds, south of Sprague Street and north
of Edmonds Street, legally described on the attached Exhibit A and incorporated herein by this
reference as if set forth in full, is surplus to the needs of the City and shall be vacated. This
finding of vacation is based upon facts presented at the public hearing before the City Council
on September 19 and November 19, 1994. The vacation is contingent upon payment of the sum
of $7,500 within 90 days of the passage of this ordinance. The City Council hereby authorizes
the City Clerk to either receipt such amount or to note proof of payment or commitment by the
applicant of an equivalent amount for the engineering and construction of a retaining wall within
said former right-of-way. Any payments made upon the retaining wall will be credited in a
dollar -for -dollar amount against the compensation to be paid the City.
Section 2. Upon receipt of $7,500 or proof of payment for a retaining wall on
an equal amount or a combination thereof equal to $7,500 within said 90 day period, the City
Clerk is hereby directed to record a copy of this ordinance in the land records of Snohomish
County. Failure to provide payment or proof of payment on a retaining wall within the 90 day
period shall result in the provisions of this ordinance being void and without effect. The City
Clerk shall thereon report to the Council in order that this ordinance may be rescinded.
Section 3. Severability. If any section, sentence, clause or phrase of this
ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction,
87838.1 -2-
such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other
section, sentence, clause or phrase of this ordinance.
Section 4. Effective Date. This ordinance, being an exercise of a power specifi-
cally delegated to the City legislative body, is not subject to referendum, and shall take effect
five (5) days after passage and publication of an approved summary thereof consisting of the
title.
PP •
MAY
• -
ATTEST/AUTHENTICATED:
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
BY
FILED WITH THE CIT LERK: 11/9/94
PASSED BY THE CITY COUNCIL: 11/15/94
PUBLISHED: 11/20/94
EFFECTIVE DATE: 11/25/94
ORDINANCE NO. 2994
87838.1 -3-
O1/08/95
O1/13/95
Fes• I 1 0 E.
EXHIBIT "A"
All that portion of a public alley lying South of and adjacent to
Lots 16, 17, 18, 19 and 20, Block 85, City of Edmonds, according
to the plat thereof recorded in Volume 2 of Plats, page 39,
records of Snohomish county, Washington
005
STATE OF WASHINGTON,
COUNTY OF SNOHONISH,
SUMMARY OF
ORDINANCE NO. 2994
of the City of
eEdmonds, Washington
On the. .15th,?', day': of
November, ''1994, -the , City
Council of the ' -City of
Edmonds, passed Ordinance
No. 2994. A summary of .the
contentof said ordinance,
consisting of the title, provides
as fnllows: .
,N
errc jva 11_
The full text of this
Ordinance will be mailed upon
request.
DATED this 5lh day of
January 1995.
RHbNDA J. MARCH
City Clerk
EXHIBIT A
All that portion of a public alley
lying South of and adjacent to
Lots 16; 17 18. 19 and 20.
Block 85g, G�itY of Edmonds
recordend in Vol 'Is
record.Platsj
gage 39, records of
nohomish County,
Washington.
RAY H. SCHUTROP ,
Registered Professlqp4
Land Sgrveyor
Date: pune 2 1994.
Published: Januaryil, 1995.
ss.
Affidavit of Publication
RECEIVED
J A N 12 1995
EDMONDS CITY CLERK
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.-. .....................................
Summary of Ordinance No. 2994
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:
.... .... ................................................................................
and that said -newspaper was regularly distributed to its subscr hers
during:'all of said ri
�'Incipal Clerk
Subscribed and sworn to before me this .......... 9th...........
day f............... .. Januar 19..9.5..
....................... ....... ..... - . .......
Notary Public in and fort a St a of Washington,
residing at Everett, Snoh County.
000 �08,
J �
0 'J sS 01i EE.���`
_ V�pTA- . f
�Ak
OF W A SN��
B-2-1
CITY OF EDMONDS LAURA M. HALL
CIVIC CENTER • EDMONDS, WA 98020 • (206) 775-2525 MAYOR
j O
890 19Ci
December 1, 1994
Mr. & Mrs. Spencer Frazer
315 8th Avenue North
Edmonds, WA 98020
Re: Proposed Vacation of a Portion of Alley between 7th Ave. N. and 8th Ave.
N., south of Sprague St. and north of Edmonds Street
Dear Mr. & Mrs. Frazer:
As you are aware, following the hearing on November 1, 1994, the Edmonds
City Council passed Ordinance No. 2994, enclosed herewith. The Ordinance
passed on November 15, 1994, vacates the subject portion of the alley
contingent upon payment of $7,500 within 90 days of passage of this ordinance
or proof of payment for a retaining wall on an equal amount or a combination
thereof equal to $7,500 within the 90 day -period.
Enclosed are copies of the October 18, November 1 and November 15 Council
Minutes.
Any receipts or payments should be directed to my attention. My office is
located in the Executive Building at 505 Bell Street.
Please don't hesitate to contact me if you have any questions at 771-0245.
Sincerely,
R onda J. Ma ch, CMC
City Clerk
enclosures
• Incorporated August 11, 1890 •
Sister Cities International — Hekinan, Japan