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Ordinance 1992ORDINANCE NO. 1992 AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON PROVIDING FOR THE ACQUISITION OF EASEMENTS FOR SANITARY AND STORM SEWER EASEMENTS ACROSS CERTAIN PARCELS OF PROPERTY WITHIN THE CITY OF EDMONDS; PROVIDING FOR AUTHORIZATION OF THE CITY ATTORNEY TO INITIATE PROCEEDINGS FOR CONDEMNATION, APPRO- PRIATION, TAKING AND/OR DAMAGING OF LAND AND OTHER PROPERTY NECESSARY THEREFOR; DECLARING THE NECESSITY THEREFOR; AND PROVIDING FOR THE PAYMENT THEREOF. THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON DO ORDAIN AS FOLLOWS: Section 1. That the public health, safety and necessity and convenience demand, and the City Council so finds, that a sanitary sewerage system and storm drainage system be constructed in the City of Edmonds for which Local Improvement District No. 203 has been formed by the City Council of the City of Edmonds. The City Council further finds that the public health, safety, necessity and convenience demand, that in the construction of said project there be and the same hereby is laid off, condemned, appropriated and established over and across certain properties all situate in the City of Edmonds, County of Snohomish, State of Washington, a perpetual easement for the purpose of installing, constructing, operating, maintaining and/or replacing a sanitary sewer line and/or a storm sewer line over, across, in, along and under the following described tract of land: The South 10 feet of the West 250 feet of North 198 feet of North 158 feet, Meadowdale Beach, according to the plat thereof as recorded in Volume 5 of Plats, page 38, records of Snohomish County, Washington. Section 2. The lands, rights, privileges and other property sought for this improvement within the limits of the lots, blocks and tracts of land described hereinabove are hereby condemned, appropriated, taken and damaged for public use and necessity for the purpose of a sanitary storm line and a storm drainage line; and all such lands, rights, privileges and other property are to be taken, damaged and appropriated only after just compensation has been made or paid into court for the owners thereof in the manner pro- vided by law. Section 3. The entire cost of the improvements referred to herein shall be paid by the City of Edmonds from general funds applicable thereto, and specifically Local Improvement District Fund No. 203, or, if for any reason the monies in said fund are insufficient, from any other general funds of the said City applicable thereto. Section 4. The taking and damaging herein if any, to said property shall include the perpetual right of the City's agents to enter upon the real estate described herein at any time that it may deem necessary to construct, maintain and/or repair said sanitary sewerage system and/or storm drainage system located over, in, under and across said property, together with the right to excavate and/or fill said easement, and the further right to remove vegetation or -2- any and all obstructions of any kind or description whatsoever interferring with the location, construction and maintenance of said sanitary sewage or storm drainage systems. Section 5. The City Attorney is hereby authorized and directed to institute and prosecute the necessary proceedings provided by law to condemn, take, appropriate or damage the land, rights, privileges or other property necessary to carry out the provisions of this ordinance; and is further authorized in conducting said proceedings, for the purpose of minimizing damages, if any, to stipulate as to the use of the property or rights hereby authorized to be condemned and appropriated and as to the reservation of any right of use to any owner, provided that such reservation does not interfere with the use of said property by the City for the purposes as provided by this ordinance. APPROVED: MAYOR, H. H. Harrison ATTEST/AUTHENTICATED: =-:�' /'w P/ " , 2�1 '-"j CITY CLERK, Ire e Varney Moran APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY BY<��k tl , 1 FILED WITH THE CITY CLERK: April 28, 1978 PASSED BY THE CITY COUNCIL: May 21 1978 POSTED: May 3, 1978 EFFECTIVE DATE: May 8, 1978 -3- AFFIDAVIT OF POSTING ORDINANCE STATE OF WASHINGTON ) ) ss: COUNTY OF SNOHOMISH ) Irene Varney Moran , being first duly sworn on oath deposes and says that s he is over the age of eighteen (18) years and is competent to testify as to the matter stated herein. On the 3rd day of May , 197 8 , affiant posted true and correct copies of the attached Ordinance No. 1992, passed by the City Council on the 2nd May day of , 197 8, at the three official posting places for City notices which are the public bulletin boards at the following locations: Edmonds Civic Center 250 Fifth Avenue North Edmonds, Washington 98020 Edmonds Public Library Civic Center 250 Fifth Avenue North Edmonds, Washington 98020 Edmond Branch of the United States Post Office 201 Main Street Edmonds, Washington 98020. DATED this 3rd day of May 197 8. SUBSCRIBED AND SWORN to before me this J� day of 19 7 ,�'/ . f N46tarfy Public in and for the State of Washington, residing at