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CITY CLERIC 09 -16 - 2004 04 : 07pm $24.00 =- 4
CITY OF EDM01®13 SNOHOMISH COUNTY._ WASHINGTON 121 6TH AVENUE NO. ---- - ----- -
EDMONDSS.., WA 68020
RESOLUTION NO.1066
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
EDMOI DS, WASHINGTON, STATING THE INTENT OF THE
CITY COUNCIL TO VACATE A PORTION OF THE RIGHT -
OF WAY OF' SIERRA PLACE AND STATING THE
PRECONDITIONS FOR SUCH ACTION.
WHEREAS, Darryl and Shari Lewis have applied to vacate a portion of the right-
of-way of Sierra Place; located immediately west of an undeveloped tract of land with the
address of 1142 Sierra Place, said vacation being more particularly described in File No. ST-03-
176; and,
WHEREAS, on May 18, 2004, a public hearing was held; and
WHEREAS, adjacent property owned by the applicants is severely burdened with
i
restrictions under the City's critical areas ordinance and a variance to develop the site through a
reasonable use exception to the City's critical areas ordinance is pending; and
WHEREAS, the City has previously received applications to sub -divide the
property; and
WHEREAS, the applicants representative offered to limit:. development. of the
adjacent property to one single-family residence through a recorded document voluntarily
offered by the applicants; and
I
WHEREAS, the City Council finds that the right-of-way is surplus to the City's
needs because it is highly unlikely to be developed for public street purposes due to its
topography, and that a public ublic benefit can be found by minimizing'the impact on the critical areas
0006.90000
WSS/gjz
5/20/04
RESOLUTION NO. 1066
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
EDMONDS, WASHINGTON, STATING THE INTENT OF THE
CITY COUNCIL TO VACATE A PORTION OF THE RIGHT -
OF WAY OF SIERRA PLACE AND STATING THE
PRECONDITIONS FOR SUCH ACTION.
WHEREAS, Darryl and Shari Lewis have applied to vacate a portion of the right-
of-way of Sierra Place, located immediately west of an undeveloped tract of land with the
address of 1142 Sierra Place, said vacation being more particularly described in File No. ST-03-
176; and,
WHEREAS, on May 18, 2004, a public hearing was held; and
WHEREAS, adjacent property owned by the applicants is severely burdened with
restrictions under the City's critical areas ordinance and a variance to develop the site through a
reasonable use exception to the City's critical areas ordinance is pending; and
property; and
WHEREAS, the City has previously received applications to sub -divide the
WHEREAS, the applicants representative offered to limit development of the
adjacent property to one single-family residence through a recorded document voluntarily
offered by the applicants; and
WHEREAS, the City Council finds that the right-of-way is surplus to the City's
needs because it is highly unlikely to be developed for public street purposes due to its
topography, and that a public benefit can be found by minimizing the impact on the critical areas.
{WSS571527.DOC;1/00006.900000/} - 1 -
and environmental resources of the City through minimum development as one single-family
residence; 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 the property
described in attached Exhibit A if, but only if, the applicants fulfill the following conditions
within ninety (90) days of the adoption of this resolution:
1.1 Pay the sum of $3,750 to the City Clerk of the City of Edmonds; and
1.2 Execute and provide for recording by the City Clerk a notice of restriction
in favor of the City in substantially the form shown on the attached Exhibit B.
Section 2. If the applicants fail to provide the payment and covenant of
restriction referenced in sub -paragraphs 1.1 and 1.2 above within ninety (90) days of the date of
adoption of this resolution the Council's approval shall become null and void.
RESOLVED this 22" d day of June, 2004.
APPROVED-.
MAYO , G AAKENSON
ATTEST/AUTHENTICATED:
ITY CLERK, SANDRA S. CHASE
FILED WITH THE CITY CLERK: 06/18/2004
PASSED BY THE CITY COUNCIL: 06/22/2004
RESOLUTION NO. 1066
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STREET VACATION
LEGAL DESCRIPTION
THAT PORTION OF TRACT 23, PUGET SOUND MACHINERY DEPOT FIVE
ACRE TRACTS, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME
5 OF PLATS PAGE 47, RECORDS OF SNOHOMISH COUNTY, WASHINGTON
DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SAID TRACT 23, THENCE
SOUTHERLY ALONG THE EAST BOUNDARY LINE OF SAID TRACT 23 A
DISTANCE OF 120.00 FEET TO THE TRUE POINT OF BEGINNING, THENCE
WESTERLY PARALLEL WITH THE NORTH BOUNDARY LINE OF SAID TRACT
23 A DISTANCE 247.30 FEET MORE OR LESS TO A POINT ON THE ARC OF THE
CULDESAC RIGHT OF WAY LINE OF SIERRA STREET ACCORDING TO THE
PLAT OF NELSON ADDITION AS RECORDED IN VOLUME 19 OF PLATS PAGE
89 RECORDS OF SAID SNOHOMISH COUNTY SAID POINT HEREIN
DESIGNATED AS POINT "A". BEGINNING AGAIN AT THE TRUE POINT OF
BEGINNING, THENCE SOUTHERLY ALONG THE EAST BOUNDARY LINE OF
SAID TRACT 23 A DISTANCE OF 25.00 FEET, THENCE WESTERLY PARALLEL
WITH THE NORTH BOUNDARY LINE OF SAID TRACT 23 A DISTANCE OF
238.80 MORE OR LESS FEET TO A POINT ON THE EAST BOUNDARY LINE OF
SAID NELSON ADDITION, THENCE NORTHERLY ALONG SAID EAST
BOUNDARY LINE OF NELSON ADDITION A DISTANCE OF 13.00 FEET,
THENCE WESTERLY PARALLEL WITH THE NORTH BOUNDARY LINE OF
SAID TRACT 23 A DISTANCE OF 2.00 FEET MORE OR LESS TO A POINT ON
THE ARC OF SAID SIERRA STREET CULDESAC RIGHT OF WAY LINE,
THENCE NORTH WESTERLY A LONG THE ARC OF SAID CULDESAC AN ARC
LENGTH OF 13.80 FEET MORE OR LESS TO PREVIOUSLY DESIGNATED POINT
"A" AND THE END OF THIS DESCRIPTION.
THIS VACATION CONSISTS OF 0.14 ACRES MORE OR LESS.
EXHIBIT A
SANITARY SEWER EASEMENT
LEGAL DESCRIPTION
A EASEMENT FOR THE MAINTAINANCE OF A EXISTING SANITARY SEWER
SYSTEM OVER, UNDER AND ACROSS THAT PORTION OF TRACT 23, PUGET
SOUND MACHINERY DEPOT FIVE ACRE TRACTS, ACCORDING TO THE PLAT
THEREOF RECORDED IN VOLUME 5 OF PLATS PAGE 47, RECORDS OF
SNOHOMISH COUNTY, WASHINGTON DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SAID TRACT 23, THENCE
SOUTHERLY ALONG THE EAST BOUNDARY LINE OF SAID TRACT 23 A
DISTANCE OF 130.95 FEET TO THE TRUE POINT OF BEGINNING, THENCE
CONTINUING SOUTHERLY ALONG SAID EAST BOUNDARY LINE OF SAID
TRACT 23 A DISTANCE OF 14.05 FEET TO THE SOUTHEAST CORNER OF SAID
TRACT 23, THENCE WESTERLY ALONG THE SOUTH BOUNDARY LINE OF
SAID TRACT 23 A DISTANCE 238.80 FEET MORE OR LESS TO THE
SOUTHWEST CORNER OF SAID TRACT 23 ALSO BEING A POINT ON THE
EASTERLY RIGHT OF WAY LINE OF SIERRA STREET ACCORDING TO THE
PLAT OF NELSON ADDITION AS RECORDED IN VOLUME 19 OF PLATS PAGE
89 RECORDS OF SAID SNOHOMISH COUNTY, THENCE NORTH ALONG THE
WEST BOUNDARY LINE OF SAID TRACT 23 A DISTANCE OF 13.00 FEET,
THENCE WESTERLY PARALLEL WITH THE NORTH BOUNDARY LINE OF
SAID TRACT 23 A DISTANCE OF 2.00 FEET MORE OR LESS TO A POINT ON
THE ARC OF SAID SIERRA STREET 40 FOOT RADIUS CULDESAC RIGHT OF
WAY LINE THENCE NORTH WESTERLY A LONG THE ARC OF SAID
CULDESAC AN ARC LENGTH OF 4.95 FEET, THENCE SOUTHEASTERLY 242.70
FEET MORE OR LESS TO THE TRUE POINT OF BEGINNING AND THE END OF
THIS DESCRIPTION.
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EXP;RES s� .93, 200s
EXHIBIT A (CONY.)
EXHIBIT B
NOTICE OF RESTRICTION OF USE
COMES NOW, the undersigned owners of certain real property located in the City of
Edmonds, Snohomish County, Washington, addressed as 1142 Sierra Place ("Site') and legally
described as follows:
[legal description]
The undersigned owners, in consideration of the approval of the City of Edmonds of a
vacation of a certain public easement lying adjacent to and immediately south of the subject site,
do hereby agree and covenant, on behalf of themselves, their heirs, successors and assigns, to
restrict use of the above described Site to one single-family dwelling. This covenant is offered to
and in favor of the City of Edmonds, and the rights conferred hereunder may be released only the
an action of the Edmonds City Council.
DONE this 2,C- day of u I 12004.
OWNERS
DARRYL LEWIS
SHARI LEWIS
STATE OF WASHINGTON )
COUNTY OF SNOHOMISH)
On this day appeared before me DARRYL LEWIS AND
wife, and stated that they executed this document for the uses aud-
DATED
A
NOTARY NOT.
PUBLIC Prin
9 1.23.2007 My �
al
LEWIS, husband and
Therein mentioned.
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LEWIS PROPERTY
PROPOSED LEGAL DESCRIPTION
THOSE PORTIONS OF TRACT 22 AND TRACT 23, PUGET SOUND MACHINERY
DEPOT 5 ACRE TRACTS, ACCORDING TO THE PLAT THEREOF RECORDED IN
VOLUME 5 OF PLATS, PAGE 47, RECORDS OF SNOHOMISH COUNTY,
WASHINGTON, DESCRIBED AS FOLLOWS:
THE NORTH 120 FEET OF SAID TRACT 23; EXCEPT THAT PORTION LYING
WEST OF THE EAST LINE OF THAT CERTAIN EASEMENT RECORDED UNDER
RECORDING NUMBER 7706200208; AND EXCEPT THAT PORTION THEREOF
LYING WITHIN SIERRA STREET AS DELINEATED ON THE PLAT OF NELSON
ADDITION, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 19,
PAGE 89, IN SNOHOMISH COUNTY, WASHINGTON;
TOGETHER WITH THAT PORTION OF THE SOUTH 10 FEET OF TRACT 22, SAID
PLAT LYING EAST OF THAT CERTAIN EASEMENT RECORDED UNDER
RECORDING NUMBER 7706200208.
(ALSO KNOWN AS PARCEL B OF CITY OF EDMONDS BOUNDARY LINE
ADJUSTMENT S93-87 RECORDED UNDER RECORDING NUMBER 9307080525.)
ALSO TOGETHER WITH THE SOUTH TWELVE (12) FEET OF THE NORTH ONE
HUNDRED THIRTY - TWO (132) FEET OF SAID TRACT 23 AS DESCRIBED
UNDER AFN 1370835 RECORDS OF SNOHOMISH COUNTY, WASHINGTON;
AND TOGETHER WITH THE NORTH THIRTEEN (13) FEEET OF THE NORTH
THIRTY-EIGHT (38) FEET OF THE SOUTH ONE HUNDRED NINEY-EIGHT (198)
FEET OF SAID TRACT 23 AS DESCRIBED UNDER AFN 1370837, AS VACATED
BY THE CITY OF EDMONDS (ORDINANCE/RESOLUTION------------ )
SUBJECT TO AN EASEMENT FOR THE MAINTAINANCE OF A EXISTING
SANITARY SEWER SYSTEM OVER, UNDER AND ACROSS THAT PORTION OF
TRACT 23, PUGET SOUND MACHINERY DEPOT FIVE ACRE TRACTS,
ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 5 OF PLATS
PAGE 47, RECORDS OF SNOHOMISH COUNTY, WASHINGTON DESCRIBED AS
FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SAID TRACT 23, THENCE
SOUTHERLY ALONG THE EAST BOUNDARY LINE OF SAID TRACT 23 A
DISTANCE OF 130.95 FEET TO THE TRUE POINT OF BEGINNING; THENCE
CONTINUING SOUTHERLY ALONG SAID EAST BOUNDARY LINE OF SAID
TRACT 23 A DISTANCE OF 14.05 FEET; THENCE WESTERLY PARALLEL TO
THE NORTH LINE OF SAID TRACT 23 A DISTANCE 238.80 FEET MORE OR
LESS TO A POINT ON THE EASTERLY RIGHT OF WAY LINE OF SIERRA
STREET ACCORDING TO THE PLAT OF NELSON ADDITION AS RECORDED IN
VOLUME 19 OF PLATS PAGE 89 RECORDS OF SAID SNOHOMISH COUNTY;
THENCE NORTH ALONG THE EASTERLY MARGIN LINE OF SAID SIERRA
STREET A DISTANCE OF 13.00 FEET; THENCE WESTERLY PARALLEL WITH
THE NORTH BOUNDARY LINE OF SAID TRACT 23 A DISTANCE OF 2.00 FEET
MORE OR LESS TO A POINT ON THE ARC OF SAID SIERRA STREET 40 FOOT
RADIUS CULDESAC RIGHT OF WAY LINE; THENCE NORTH WESTERLY A
LONG THE ARC OF SAID CULDESAC AN ARC LENGTH OF 4.95 FEET; THENCE
SOUTHEASTERLY 242.70 FEET MORE OR LESS TO THE TRUE POINT OF
BEGINNING AND THE END OF THIS DESCRIPTION.
DEVELOPMENT SERVICES
DATE: 2, - -� 1044
t �'+
Received of:
Address:
Wi\ t Phone: -► �. ►f3
Project Location:
Check No. Cash Total Received
$ `
Water Meter Size:
Amount
Water Connection Fee
Sewer Permit/Repair
Sewer Connection/LID Fee
Street Disruption Fee (111 Fund)
Storm Drainage Fee
Engineering Inspection Fee (SFR)
Engineering 2.2% Inspection Fee (SP, Multi. Comm)
Engineering Review Fees (SP, Multi. Comm)
ROW/Street Use/Encroachment Permit
Street Cut / Restoration Fee (620 Fund)
Traffic Mitigation Fee/Sidewalk Contribution
Fire Inspection Fee
Fire Plan Check Fee
Building Permit Fee - Type
Plan Check Fee
Reimbursable Consulting Fees
Critical Areas
Landscape Inspection Fee (1%)
SEPA Review Fee
Shoreline Permit Fee
_
Sign Installation (620 Fund) -
Zoning Application Fee - Type:�,� t- E
SO
Maps / Books
Photocopies
Recording Fee
City Surcharge
State Surcharge (622 Fund)
f
Received by: Permit No. ��,� , t--�