Ordinance 2265WDT/ka
1/20/82
ORDINANCE NO. 2265
AN ORDINANCE OF THE CITY OF EDMONDS, WASH-
INGTON, PROVIDING FOR THE ACQUISITION OF
CERTAIN PROPERTY FOR SIDEWALKS WITHIN THE
SAID CITY; PROVIDING FOR THE CONDEMNATION,
APPROPRIATION, TAKING AND DAMAGING OF LAND
OR OTHER PROPERTY NECESSARY THEREFORE;
PROVIDING THAT THE ENTIRE COST THEREOF SHALL
BE PAID BY THE CITY FROM AVAILABLE FUNDS;
AND DIRECTING THE CITY ATTORNEY TO PROSECUTE
THE APPROPRIATE ACTION AND PROCEEDINGS IN THE
MANNER PROVIDED BY LAW FOR SAID CONDEMNATIONS.
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON,
DO ORDAIN AS FOLLOWS:
Section 1.
The public health, safety, necessity and
convenience demand that a pedestrian sidewalk be constructed
and maintained within the City of Edmonds and that certain
properties be condemned, appropriated, taken and damaged for
the construction of said pedestrian sidewalks as provided by
this ordinance.
Section 2. The City Council of the City of Edmonds,
after hearing the reports of the City Engineer, hereby declares
that the property hereinafter set forth is necessary for public
use.
Section 3. The following described properties within
the City of Edmonds, Washington, be and the same are hereby con-
demned, appropriated, taken and damaged for the purpose of con-
structing a pedestrian sidewalk, said land and other property
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f P.
being taken, damaged and appropriated subject to the making or
paying of just compensation to the owners thereof in the manner
provided by law; See attached Exhibit "A".
Section 4. The City attorney is hereby authorized
and directed to begin and prosecute the proceedings provided
by law to condemn, take and appropriate the land, other pro-
perty and property rights necessary to carry out the provisions
of this ordinance, and is further authorized in conducting said
condemnation proceedings and for the purpose of minimizing
damages to stipulate as to the use of the property 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 pro-
perty by the City as provided in this ordinance.
Section 5. The entire cost of the condemnation and
improvement herein provided for shall be paid from City street
fund revenues and/or other applicable city funds.
Section 6. This ordinance shall take effect five (5)
days after its passage and publication as provided by law.
APPROVED:
ATTEST/AUTHENTICATED:
CITY CLERK
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY
By lzz_.
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FILED WITH THE CITY CLERK: January 21, 1982
PASSED BY THE CITY COUNCIL: February 2, 1982
POSTED: February 3, 1982
EFFECTIVE DATE: February 8, 1982
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EXHIBIT "A"
Warranty Deed Required for the Following Described Property:
All that portion of the hereinafter described Parcel lying
Northerly of a line drawn parallel with and 25 feet South-
erly of, when measured at right angles to, the SR 524 Line
Survey of SR 524, Edmonds: Jct. SR 104 to 76th Ave. West.
The East 100 feet of the West 300 feet of Tract 9, Puget
Sound Machinery Depot Five Acre Tracts, according to plat.
thereof recorded in Volume 5 of Plats, Page 47, records of
Snohomish County, Washington: EXCEPT any portion thereof_
lying within the Easterly 330 feet of said Tract 9.
It is understood and agreed that the City of Edmonds will
reconstruct the existing road approach on the Southerly
side of SR 524 at or near Highway Engineer's Station 240+00
and the grantors further grant to the City of Edmonds, or
its agents, the right to enter upon the grantors remaining
lands where necessary to construct said approach.
Highway Slope Easement Required for the Following Described Property:
All that portion of the hereinafter described Parcel lying
between lines drawn parallel with and 25 feet distant
Southerly of and 30 feet distant Southerly of, respectively,
when measured at right angles to, the SR 524 Line Survey of
SR 524, Edmonds: Jct. SR 104 to 76th Ave. West.
The East 100 feet of the West 300 feet of Tract 9, Puget
Sound Machinery Depot Five Acre Tracts, according to plat
thereof recorded in Volume 5 of Plats, Page 47, records of
Snohomish County, Washington;
EXCEPT any portion thereof lying within the Easterly 330
feet of said Tract 9.
It is further understood and agreed that the City of Edmonds
and/or its agents, will take all necessary precautions not
to damage the existing cedar tree at the Westerly edge of
this parcel opposite and approximately 23 feet Southerly of
Highway Engineer's Station 239+10 of SR 524, as it is
standing in place, however, it is further agreed that the
City of Edmonds or its agents cannot be responsible for future
damage to said tree in the event underground roots, or the
trees underground rooting system are severed in the construc-
tion of the above referenced project. It is also agreed that
reasonable "Trimming" and/or removal of branches from said
Exhibit "A"
Page 2
Highway Slope Easement Required for.the Following Described Property
(continued):
cedar tree, may be necessary for safety due to existing
encroachment of branches from said tree into the SR 524
right-of-way.
The lands herein granted for highway slopes contain an
area of 500 square feet, more or less, the specific de-
tails concerning all of which are to be found within
that certain map of definite location now of record in
the office of the Secretary of Transportation at Olympia
and bearing date of approval September 12, 1980.
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.
There is no official newspaper or other newspaper printed and
published within the City. In accordance with RCW 35A.12.160, on
the 3 day of February
, 1982, affiant posted true and
correct copies of the attached Ordinance No.2265 , passed by the
City Council on the 2 day of February , 19 82, at the
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
Edmonds Branch of United States Post Office
201 Main Street
Edmonds, Washington 98020
DATED this 3 day of February
, 1982 .
SUBSCRIBED AND SWORN to before me this -:d6--day of
Notary Publi3t in a, d or the
State ofnlahi n residing
at