Resolution 11450006.90000
WSS/gjz
4/18/07
RESOLUTION NO. 1145
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
EDMONDS, WASHINGTON, STATING THE INTENT OF THE
CITY COUNCIL TO VACATE A PORTION OF 8TH AVENUE
NORTH, NORTH OF SPRAGUE STREET, ESTABLISHING
THE TERMS AND CONDITIONS FOR SUCH VACATION
AND STATING THE INTENT OF THE CITY COUNCIL TO
VACATE SUCH RIGHT-OF-WAY UPON FULFILLMENT OF
THE CONDITIONS..
WHEREAS, on October 28, 2005, the Edmonds City Council held a public
hearing regarding a vacation of certain unopened right-of-way along 8th Avenue North, north of
Sprague Street, and shown on the attached Exhibit A, incorporated by this reference as fully as if
herein set forth, and,
WHEREAS, at said hearing, no evidence was presented showing a need for the
public right-of-way for the purpose of passage, but City staff noted a need for a thirty (30) foot
easement to be retained for maintenance and erosion control projects of the adjacent drainage
way of Shell Creek as needed; and
WHEREAS, the fair market value of the property was appraised to be Twenty-
two Thousand Five Hundred Dollars ($22,500); and fifty percent (50%) of that value or Eleven
Thousand Two Hundred Fifty Dollars ($11,250) is the target established by Edmonds ordinance
as an appropriate value for the property; and
WHEREAS, the City Council has determined that the value of the property
should be reduced to reflect the costs associated with obtaining an appraisal and the other
associated costs of the vacation process, as well as a required lot line adjustment and the cost of
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tree removal, yielding in the City Council's estimation, a reasonable compensation to the public
of Seven Thousand Five Hundred Dollars ($7,500); and
WHEREAS, the City Council finds and determines that the vacation is in the
public interest, that no property will be denied access as a result of the vacation, that a
construction easement should be retained for the purpose of maintaining the adjacent Shell Creek
drainage way by construction, maintenance, erosion control and the removal of invasive non-
native species from the site, now, therefore,
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON,
HEREBY RESOLVES AS FOLLOWS:
Section 1. The City Council hereby states its intent to vacate a portion of the
unopened right-of-way of 8th Avenue North, north of Sprague Street and shown on the attached
Exhibit A upon fulfillment of the following condition:
1.1 receipt and confirmation of the sum of Seven Thousand Five
Hundred Dollars ($7,500) within ninety (90) days of the date of enactment of this resolution. and
1.2 that an easement be retained for construction, maintenance, erosion
control and control of vegetation relating to the adjacent drainage way.
Section 2. When the City Clerk has confirmed receipt of such funds and/or that a
check for such amount has cleared the appropriate bank and the funds deposited to the credit of
the City, and that such payment was received and cleared within ninety (90) days of the passage
of this resolution, the City Clerk is authorized and directed to place an ordinance of vacation
upon the City Council's Consent Agenda for passage.
Section 3. If the condition of payment is not fulfilled as provided in Section 2
above, this resolution shall be void and without effect.
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RESOLVED this 8th day of May, 2007.
APPROV
! . I ��
MAY R, G H KENSON
ATTEST/AUTHENTICATED:
C TY CLERK, SANDRA S. CHASE
FILED WITH THE CITY CLERK: 04/27/2007
PASSED BY THE CITY COUNCIL: 05/08/2007
RESOLUTION NO. 1145
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Exhibit A
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