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Resolution 10430006.180007 WSS/amg 11/14/00 5/29/03 JZL/ RESOLUTION NO.1043 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, SETTING A PUBLIC HEARING ON A CONSOLIDATION ANNEXATION OF THE BALLINGER LIFT STATION SITE. WHEREAS, a small tract of land is located along Lake Ballinger in the City of Edmonds, Washington, and, WHEREAS, said tract of land has been used in the past by the City of Mountlake Terrace's pumping station to transmit sewage to the City of Edmonds and is both owned by and within the jurisdiction of Mountlake Terrace, and WHEREAS, an Interlocal Agreement between the parties provides for transfer of the site from the City of Mountlake Terrace to the City of Edmonds on the date upon which it is taken out of service, and WHEREAS, such site has been taken out of service and the City of Mountlake Terrace has requested that the City of Edmonds annex the property by the consolidation method set forth in RCW 35.10.217(2) and provide a certified copy of a resolution making such request, and WHEREAS, the City Council of the City of Edmonds wishes to set a hearing regarding said annexation and consolidation in accord with statute, and {WSS455494.DOC;1/00006.180007/1 - 1 - WHEREAS, Snohomish County Boundary Review Board has declined to accept jurisdiction or review of the proposed annexation and has therefore implictly approved such annexation, NOW, THEREFOR, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: Section 1. Pursuant to the request of the City Council of the City of Mountlake Terrace, and upon approval of said annexation by the Snohomish County Boundary Review Board, the City of Edmonds will consider the annexation by consolidation of a small tract of land commonly known as the Ballinger Lift Station, legally described on the attached Exhibit A, attached hereto and incorporated herein by this reference as if set forth in full. This public hearing shall be held on the 5th day of August, 2003, at 250 - 51h Avenue North, Edmonds, WA ':1 1 Section 2. A copy of the notice of this resolution shall be mailed by certified mail to the City Clerk of the City of Mountlake Terrace, Washington. While the original request of the City of Mountlake Terrace waives this notice, it is being provided in excess of caution in order to fulfill the statutory requirements. The City of Mountlake Terrace, the initiator of this request, is also the owner of the property in the area proposed to be annexed, and owns one hundred percent (100%) of the assessed valuation of the annexation. Mountlake Terrace, therefore, in theory, has the right to protest the proposed annexation in writing to the City Council of the City of Edmonds within thirty days of the adoption of a resolution accepting the annexation. {WSS455494.DOC;1/00006.180007/} - 2 - RESOLVED this 17`h day of June, 2003. APPROVED: MAY , GAY HAAKENSON ATTEST/AUTHENTICATED: C TV CLERK, SANDRA S. CHASE FILED WITH THE CITY CLERK: 06/13/2003 PASSED BY THE CITY COUNCIL: 06/17/2003 RESOLUTION NO. 1043 {WSS455494.DOC;1/00006.180007/1 - 3 - EXHIBIT "A„ Recorder's No. 1338510 A portion of Lot 25 in Block 7 of Lake Ballinger Land Co's Plat Subdivision No. 1, recorded in Volume 9 of plats on pages 57 and 58, records of Snohomish County, Washington, described as follows: Commencing at the Southwest corner of said Lot 25 and running thence S 880 25' 63" E along the south line of said Lot 25 a distance of 75.00 feet and thence N. 470 31' 15" E 14.38 feet to an intersection with the northerly margin of 2440' Street S.W. (now 10.00 feet north of and parallel with the south line of said lot) and the Point of Beginning of this description; thence continuing N 670 31' 15" E, 86.29 feet; thence S 1 degree 34' 17" W. 35.00 feet; thence S 47° 31' 15" W. 35.95 feet; thence N 88° 25' 43" W along said northerly margin of 244`h St. S.W., 36.18 feet to the Point of Beginning . Recorder's No. 1338541 Parcel "A" A portion of Lots 24 and 25 in Block 7 of Lake Ballinger Land Co.'s Plat Subdivision No. 1, recorded in volume 9 of Plats on pages 57 and 58, records of Snohomish County, .Washington, described as follows: Commencing at the southwest comer of said Lot 25 and running thence S 881 25' 43" E along the south line of said Lot 25 a distance of 75.00 feet and thence N 47' 31' 15" E 14.39 feet to an intersection with the northerly margin of 244th Street S.W. (now 10.00 feet North of and parallel with the South line of said lots) and the Point of Beginning of this description; thence N 880 25' 43" W along said northerly margin of 244` Street S.W. 15.00 feet; thence N. 21' 43' 25" E, 63.91 feet; thence S 88' 25' 43" E 55.00 feet; thence S 47' 31' 15" W, 86.29 feet to the Point of Beginning, SUBJECT TO an easement in favor of the grantors for road purposes 15.00 feet in width measured along the southerly line of the property hereinabove described, said easement running along the westerly line of the said property hereinabove describe; TOGETHER WITH 'a permanent easement and right-of-way, including the perpetual right to enter upon the real estate hereinafter described, at any time that the grantee sees fit and- to construct, maintain and repair underground pipe lines and/or mains for the purpose of conveying sanitary sewerage, over, across, through and under the lands hereinafter described, together with the right to excavate and refill ditches, and/or trenches for the location of said pipe lines and/or mains, and the further right to remove trees, bushes, undergrowth, and other obstructions interfering with the location, construction, and maintenance of said pipe lines and/or mains. Said easement and right-of-way being more particularly described as follows: A portion of Lot 25 in Block 7 of Lake Ballinger Land Co.'s Plat Subdivision No. 1, recorded in volume 9 of Plats on pages 57 and 58 records of Snohomish County, Washington, described as follows: Commencing at the southwest comer of said Lot 25 and running thence S 88' 25' 43" E along the south line of said Lot 25 a distance of 75.00 feet and thence N. 47' 31' 15" E, 14.38 feet to an intersection with the northerly margin of 244`h Street S.W. (now 10.00 feet north of and parallel with the south line of said lot); thence N. 88' 25' 43" W along said northerly margin of 244`' Street S.W., 15,00 feet to the Point of Beginning of this description; thence continuing N 88' 25' 43" W 10.00 feet, thence N. 460 34' IT' E 22.34 feet to a point on the westerly line of Parcel "A" hereinabove described; thence S 21 ° 43' 25" W along said westerly line of Parcel "A" , 16.83 feet to the Point of Beginning.