Resolution 10960006.90000
WSS/gjz
5/17/05
RESOLUTION NO. 1096
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
EDMONDS, WASHINGTON, STATING ITS INTENT TO
VACATE 219TH STREET SW EAST OF 76TH AVENUE WEST
AND WEST OF CERTAIN REAL PROPERTY KNOWN AS
THE TOP FOODS PROPERTY, AND DESCRIBED HEREIN
UPON THE FULFILLMENT OF CERTAIN CONDITIONS BY
THE APPLICANT.
WHEREAS, Mastgech, LLC has applied to vacate a portion of 219th Street SW
lying east of 76th Avenue West and west of the Top Food property as described in File No. ST-
2004-130, and,
WHEREAS, a public hearing was held on the request by the Edmonds City
Council on April 26, 2005, and
WHEREAS, at that hearing, the record contained a market data appraisal showing
the value of the unencumbered right of way to be $267,000, and
WHEREAS, based upon the staff s recommendation that the City retain a general
utility easement, the encumbered value of the property is $135,461, and
WHEREAS, state statute and ECDC Section 20.70.140 limit the City to a charge
of one-half of the fair market value, resulting in a potential compensation to the City by the
applicant upon vacation of $67,731, and
WHEREAS, the City Council finds that there is no reasonable likelihood that the
property will be needed for street right of way purposes and that public needs will be met by the
retention of surface and sub -surface utility easements, now, therefore,
{WS9600555.DOC;1/00006.900000/1 - 1 -
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON,
HEREBY RESOLVES AS FOLLOWS:
Section 1. The City Council hereby states its intent to vacate that portion of
219th Street SW lying east of 76th Avenue West and west of the Top Foods property as shown
on the attached Exhibit A and further described in File No. ST-2004-130, incorporated by this
reference as fully as if herein set forth by ordinance if the following conditions are met within
ninety (90) days.:
1.1 The ordinance of vacation reserves to the City surface and sub-
surface utility easements; and
1.2 The sum of $67,731 is paid to the City within ninety (90) days of
the date of approval of this resolution.
following:
Section 2. For its findings and conclusions, the City Council adopts the
2.1 Assuming retention of surface and sub -surface utility easements,
the street right of way is surplus to the needs of the City.
2.2 The vacation is in the public interest in that returning unneeded
property to the tax rolls increases the City's general revenues and relieves the City of the
obligation to maintain unneeded, unnecessary street right of way and the liability which may
attend thereto.
2.3 No property will be denied direct access as a result of the vacation.
2.4 The compensation of $67,731 is reasonable compensation when
determined in accordance with the fair market value of the parcel to be vacated, the restrictions
placed upon said property by the reservation of surface and subsurface utility easements and the
{WSS600555.DOC;1/00006.900000/} - 2 -
limitations on compensation which the City may require as contained in state statute and City
ordinance.
RESOLVED this 21" day of June, 2005.
APPROV .
MAY R, bj&KHAAKENSON
ATTEST/AUTHENTICATED :
4/Lre� "'�r L"Z'
CITY CLERK, SANDRA S. CHASE
FILED WITH THE CITY CLERK: 06/17/2005
PASSED BY THE CITY COUNCIL: 06/21/2005
RESOLUTION NO. 1096
{WSS600555.DOC;1/00006.900000/} - 3 -
M
o 0
21807 21804
21815 21810
21825 21822
8 21830
7623 21906
21727
21807 � v M
to
t
21819
21827
21901
oo
=
7621
21913
21916
21919
0
7523
22005 7514 7512
22009
J-
22015
7519
Vicinity Map
t
Top Foods
Area of proposed
Street Vacation
220TH ST SW
NELSON
MOTORS
ST-2004-130
Mastgech, LLC, Legal Description
Lot 3, Block 2, Pine -land Addition, Re -Plat of portion of tracts 42 and 43, Solner's
Five -Acre Tracts, according to the Plat thereof, recorded in volume 13 of Plats,
Pages 50 and 51, Records of Snohomish County, Washington.
Situate in the County of Snohomish, State of Washington.
And
Parcel A:
Lots 2 and 3, Block 1, and Lots 1, 2, 4 and 5, Block 2, Pine -Land Addition,
According to the Plat thereof recorded in volume 13 of Plats, Page 50, Records
of Snohomish County, Washington.
Parcel B:
Lots 1, 3, 4 and 5, Willers Addition According to the Plat Thereof recorded in
volume 14 of Plats, Pages 13 and 14, Records of Snohomish County,
Washington.
Except that portion of Lots 3, 4 and 5 conveyed to the City of Edmonds, a
Municipal Corporation by deed recorded under Auditor's File No. 9303020184.
Situate in the county of Snohomish, State of Washington.