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Ordinance 2434WSS:jt 6/6/84 ORDINANCE NO. 2434 AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, PROVIDING FOR THE ACQUISITION OF CERTAIN PROPERTY FOR THE IMPROVEMENT OF THE SANITARY SEWER SYSTEM AND RELATED WORK TO MAKE A COMPLETE IMPROVEMENT IN ACCORDANCE WITH CITY STANDARDS; 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 WATER AND SEWER CONSTRUCTION FUND 412 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 existing sanitary sewers be upgraded by additions in an area outside of and adjacent to the City of Edmonds under the authority granted by state statute and that certain property 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 hereby declares that the property hereinafter set forth is necessary for public use. - 1 - Section 3. The property within the City of Mountlake Terrace, Snohomish County, Washington which has been designated on Exhibit A and which is incorporated herein by this reference, shall be, and the same is hereby condemned, appropriated, taken and damaged for the purposes of improving the City's sewerage system under the power granted by RCW 35A.21.150, 35.67.020 and 8.25.120 to make a complete improvement in accordance with city standards, together with all necessary appurtenances in order to complete said improvements in accordance with city standards, together with the right to make all necessary slopes for cuts and fills upon adjacent lands in the reasonable original grading and maintenance of the street and bridge, 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 - 2 - 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 property herein described in order to minimize damages, provided that said adjustments do not interfere 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 Water and Sewer Construction Fund 412 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. APPROVED W or ..., ATTEST/AUTHENTICATED: IT CLERK, JACQUELINE G. PARRETT APPROVED AS TO FORM: OFFICE QF THE CITY ATTORNEY: BY FILED WITH THE C1,Y CLERK: June 7, 1984 PASSED BY THE CITY COUNCIL: June 11 , 1984 POSTED: June 12, 1984 EFFECTIVE DATE: June 17, 1984 ORDINANCE NO. 2434 - 3 - EXHIBIT A - TEMPORARY CONSTRUCTION EASEMENTS Tract 1: The Easterly 20.00 feet in width, adjacent to and parallel with the Pacific Northwest Traction Co. right-of-way of Lot 17, Plat of Lake Ballinger Homes No. 2, as per plat recorded in Volume 21 of plats, page 16, records of Snohomish County, Washington. Tract 2: The Easterly 20.00 feet in width, adjacent to and parallel with the Pacific Northwest Traction Co. right-of-way of Lot 18 of the -Plat of Lake Ballinger Homes No. 2, as per plat recorded in Volume 21 of plats, page 16, records of Snohomish County, Washington. Tract 3: The Easterly 20.00 feet in width, adjacent to and parallel with the Pacific Northwest Traction Co. right-of-way of Lot 16 of the Plat of Lake Ballinger Homes No. 2, as per plat recorded in Volume 21 of plats, page 16, records of Snohomish County, Washington. Tract 4: The Easterly 20.00 feet in width, adjacent to and parallel with the Pacific Northwest Traction Co. right-of-way, of the following described parcel: That portion of the Southeast quarter of the Southwest quarter of the Southwest quarter of Section 29, Township 27 North, Range 4 East, W.M., lying Westerly of the Pacific Northwest Traction Co. right-of-way; Except the Plat of Lake Ballinger Homes No. 2, as per plat recorded in Volume 21 of plats, page 16, records of Snohomish County, Washington; And except the South 30.00 feet for roads. EXHIBIT A - PERMANENT EASEMENTS Tract 1: The Easterly 10.00 feet in width, adjacent to and parallel with the Pacific Northwest Traction Co. right-of-way of Lot 17, Plat of Lake Ballinger Homes No. 2, as per plat recorded in Volume 21 of plats, page 16, records of Snohomish County, Washington. Tract 2: The Easterly 10.00 feet in width, adjacent to and parallel with the Pacific Northwest Traction Co. right-of-way of Lot 18 of -the Plat of Lake Ballinger Homes No. 2, as per plat recorded in Volume 21 of plats, page 16, records of Snohomish County, Washington. Tract 3: The Easterly 10.00 feet in width, adjacent to and parallel with the Pacific Northwest Traction Co. right-of-way of Lot 16 of the Plat of Lake Ballinger Homes No. 2, as per plat recorded in Volume 21 of plats, page 16, records of Snohomish County, Washington. Tract 4: The Easterly 10.00 feet in width, adjacent to and parallel with the Pacific Northwest Traction Co. right-of-way, of the following described parcel: That portion of the Southeast quarter of the Southwest quarter of the Southwest quarter of Section 29, Township 27 North, Range 4 East, W.M., lying Westerly of the Pacific Northwest Traction Co. right-of-way; Except the Plat of Lake Ballinger Homes No. 2, as per plat recorded in Volume 21 of plats, page 16, records of Snohomish County, Washington; And except the South 30.00 feet for roads. 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 12 day of June , 1984, affiant posted true and correct copies of the attached Ordinance No.2434 , passed by the City Council on the 11 day of June , 1984, 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 12 day of June , 1984. SUBSCRIBED AND SWORN to before me this 12 day of Lune . 19 84. o ary Pub is in and for the State of �Y ►'lW"a,,"shington, residing at ��'rxVx*' ui6