Ordinance 2463WSS:jt
10/10/84
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON,
ACCEPTING AN EASEMENT FROM EUELL HENRY HODGE AND
BARBARA E. HODGE AND AUTHORIZING A DEED OF RELEASE
TO SAID PARTIES, FIXING A TIME WHEN THE SAME SHALL
BECOME EFFECTIVE.
WHEREAS, on May 19, 1983, Euell Henry Hodge and
Barbara E. Hodge executed a utility easement to the City of
Edmonds for a sanitary sewer; and
WHEREAS, said easement was intended to be an easement for
storm sewer purposes and
WHEREAS, the Hodges have forwarded to the City a storm
sewer easement, now, therefore,
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO
ORDAIN AS FOLLOWS:
Section 1. That the Mayor and City Clerk are hereby
authorized to execute a deed of release, a copy of which is
attached hereto as Exhibit A and incorporated by this reference
as fully as herein set forth.
Section 2. This ordinance shall be in full force and
effect five (5) days after passage and publication by posting as
provided by law.
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ATTEST/AUTHENTICATED:
t
VTY4CLERK, JACQUELINE G. PARRETT
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
BY
FILED WITH TH ITY CLERK: October 11, 1984
PASSED BY THE CITY COUNCIL: Coto Leer- 231 i9,9q
POSTED: October 24, 1984
EFFECTIVE DATE: October 29, 1984
ORDINANCE NO. 2463
- 2 -
CITY CLERK
CIVIC CENTER
EDMONDS, WA 98020
EXHIBIT A
DEED OF RELEASE
In consideration of the provision of a utility easement
for storm sewer purposes to the City of Edmonds, a noncharter
alternative code city (hereinafter "City"), the City hereby
releases and quitclaims to Euell Henry Hodge and Barbara E. Hodge
a permanent utility easement for the installation, operation and
maintenance of a sanitary sewer over, across, through and below
the following described properties; and all other rights shown
and contained in a utility easement recorded as Document No.
8306230297 in the records of the Auditor of Snohomish County.
The easement and right of way hereby released is located
in the County of Snohomish, State of Washington, and is more
particularly described as follows:
A ten foot strip of land that is 5.00 feet on each
side of the sanitary sewer as it now exists or as
located in the future. Within the following
described property:
Lots 1 and 2 in Block 28, Plat of Meadowdale Beach,
Snohomish County, Washington, as per plat recorded
in Volume 5 of Plats, page 38, records of Snohomish
County, Washington.
Subject to easement and agreement dated May 25, 1936
filed in the Auditor's Office of Snohomish County on
March 25, 1937 as Auditor's File No. 595807.
TOGETHER WITH a temporary 10 foot construction ease-
ment over the aforementioned property. Said con-
struction easement will end upon the completion of
the construction of the sanitary sewer, or
January 1, 1985, whichever comes first.
This deed of release is granted in order to release the
aforementioned utility easement granted in error by Euell Henry
Hodge and Barbara E. Hodge and shall release only the obligations
contained in the utility easement filed as Auditor No. 8306230297
and is not intended nor shall it be deemed to waive, release,
CITY CLERK
CIVIC CENTER
EDMONDS, WA 98020
quitclaim or relinquish any other easement which exists in favor
of the city concurrently with said utility easement 8306230297.
DATED this '23 day of October , 1984.
By
Mayor, L rry ghten
Attest:
By
ac Veline G. Parrett
STATE OF WASHINGTON )
) ss.
COUNTY OF KING )
On this 23 day of October , 1984, before me, the
undersigned, a Notary Public in and for the State of Washington,
duly commissioned and sworn, personally appeared LARRY S.
NAUGHTEN and JACQUELINE G. PARRETT, to me known to be the Mayor
and City Clerk of the CITY OF EDMONDS, Washington, the municipal
corporation that executed the foregoing instrument, and acknow-
ledged the said instrument to be the free and voluntary act and
deed of said municipal corporation, for the uses and purposes
therein mentioned, and on oath stated that they were authorized
to execute said instrument and that the seal affixed is the
official seal of said municipal corporation.
WITNESS my hand and official seal hereto affixed the day
and year first above written.
N TARY PUBL 9�1 n land for the
State of Washington, residing
at�G�,�_,� n
AFFIDAVIT OF POSTING ORDINANCE
STATE OF WASHINGTON
ss:
COUNTY OF SNOHOMISH
Jacqueline G. Parrett
, 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 24 day of October , 19 84, affiant posted true and
correct copies of the attached Ordinance No. 2463, passed by the
City Council on the 23 day of October
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
650 Main Street
Edmonds, Washington 98020
Edmonds Branch of United States Post Office
201 Main Street
Edmonds, Washington 98020
DATED this 24 day of October , 1984
SUBSClRIBED AND SWORN to before me this 24 day of
October 19 84,
(�
a Public in and for the
State of Washington, residing
at _ Cam' (�,o`�►�LI�