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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.