Ordinance 2391WDT:jt
8/9/83
ORDINANCE NO. 2391
AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON,
PROVIDING FOR THE ACQUISITION OF CERTAIN EASEMENTS
FOR UTILITIES INCLUDING BUT NOT LIMITED TO
SANITARY SEWERS AND STORM SEWERS TOGETHER WITH
NECESSARY APPURTENANCES WITHIN 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 LID 210, OR OTHER
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 sanitary sewer and storm sewer system
improvements be constructed and maintained within the City of
Edmonds and that certain utility easements be condemned,
appropriated, taken and damaged for the construction of said
improvements as provided by this ordinance.
Section 2. The City Council of the City of Edmonds, after
hearing the report of the City Engineer, and reviewing the
planned improvements pursuant to LID 210, hereby declares that
the utility easements hereinafter set forth are necessary for
public use by providing adequate drainage of storm water as well
as sanitary sewer service to the area.
Section 3. The utility easements within the City of
Edmonds, Snohomish County, Washington which have been designated
on Exhibit A which is incorporated herein by this reference,
shall be, and the same are hereby condemned, appropriated, taken
and damaged for the purposes of sanitary sewer and/or storm sewer
system improvements within the city limits, together with all
necessary appurtenances in order to complete said improvements in
accordance with city standards, together with temporary easements
to enable construction of said improvements, said land being
taken, damaged and appropriated subject to the making or paying
of just compensation to the owners thereof in the manner provided
by law.
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 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 property by the City as provided in this ordinance. The
city attorney is further authorized to adjust the location and/or
width of any of the easements herein described in order to
minimize damages, provided that said adjustments do not interfere
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with the use of said property 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 Local
Improvement District 210 and/or from such other funds available
to the City.
Section 6. This ordinance shall be in full force and
effect five (5) days after passage and publication by posting as
provided by law.
CITY OF EDMONDS
ATTEST/AUTHENTICATED:
ITY CLERK,
FILED WITH THE CITY CLERK: August 9, 1983
PASSED BY THE CITY COUNCIL: August 9, 1983
POSTED: August 10, 1983
EFFECTIVE DATE: August 15, 1983
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AFFIDAVIT OF POSTING ORDINANCE
STATE OF WASHINGTON )
) ss:
COUNTY OF SNOHOMISH )
JACQUELINE G. PARRETT
, being first duly sworn
on oath deposes and says that the 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 10 day of August , 1983, affiant posted true and
correct copies of the attached Ordinance No. 2391, passed by the
City Council on the �day of Auaust , 19 , at the
official posting places for City notices which are the public
bulletin boards at the following locations:
Edmonds Civic Center
2.50 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 10 day of August , 1983.
SUBSCRIBED AND SWORN to before me this 10 day of
August 1983.
Notary Public in and for the
State of Washington, residing
at _ 1�7