Resolution 9590006.900000
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09/09/99
RESOLUTION NO. 959
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
EDMONDS, WASHINGTON, ESTABLISHING A
TEMPORARY USE CLASSIFICATION FOR CERTAIN
PROPERTY ACQUIRED BY VIRTUE OF TREASURER'S
DEED NO. 5358, DESCRIBED AS THE EAST TWENTY FEET
AND THE SOUTH TWENTY FEET OF THE NORTHWEST
QUARTER OF THE SOUTHWEST QUARTER OF SECTION
36, TOWNSHIP 27, RANGE 3 EAST, W.M.
WHEREAS, the City has annexed certain real property in which included a
subdivision known as Woodway Meadows, and,
WHEREAS, as a part of that annexation, it was assumed that the City acquired
title to all street right -of -way and the properties referenced herein; and
WHEREAS, the east twenty feet of the property transferred by the Treasurer's
Deed underlies or lies immediately adjacent to the street right -of -way of 104th Avenue; and
WHEREAS, the south twenty feet transferred by the Treasurer's Deed has for
years prior to annexation been used by Olympic View Water District for the placement of utility
lines and their access and maintenance; and
property; and
WHEREAS, certain properties which abut the fire lane utilize it for access to their
WHEREAS, it appears from custom and usage that the fire district which
previously serviced the area utilized the strip for emergency fire protection, and the City of
Edmonds, as the contractor of emergency fire services for the City of Woodway, also planned
and intended to use such property for emergency fire access; and
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WHEREAS, the City Council and City staff have previously taken the position
both as provider of fire services and as commentors in the development process for Woodway
Highlands that the strip of land was a necessary fire access for such development; and
WHEREAS, the City Council of the City of Edmonds has deemed it to be in the
public interest to acquire title to the property by virtue of the deed prior to review, in its sole
legislative discretion, if the appropriate uses for the property and has referred the use of the
property as well as drainage problems in the area to the Planning Board for its recommendation;
and
WHEREAS, the City Council wishes to establish interim uses for the property in
order to permit maintenance of those uses which pre- existed the acquisition of the property in a
manner which maintains current usage and the City's prior understandings pending ultimate
determination of the use of the property, now, therefore,
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON,
HEREBY RESOLVES AS FOLLOWS:
Section 1. Pending determination of the use of property acquired by virtue of
Treasurer's Deed no. 5358, the City Council hereby directs that the following usages be
established for the property acquired by said deed;
the East twenty feet of the Northwest Quarter of the Southwest
Quarter of Section 36, Township 37 North, Range 3 East, W.M.
may be used, pending its review for inclusion on the City's Master
Street Plan, as part of the right -of -way of 104th Street Southwest.
1.1 The South twenty feet of the Northwest Quarter of the
Southwest of Section 36, Township 27 North, Range 3 East, W.M.
may be used, pending review of the property by the Planning
Board and its recommendation regarding an ultimate determination
of the City Council for, but only for, the following uses and
purposes:
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1.1.1 Previously established access to private properties
from the aforementioned strip of land may be maintained
by private property owners to, but only to the limited extent
such access was established on or before the date of
recordation of Treasurer's Deed No. 5358;
1.1.2 Olympic View Water District may maintain and
access its utility structures contained in, on or under said
strip of land in accordance with the same privileges, rights
and obligations which OVD observes with respect to other
utility structures located within street right -of -way and
other public property within the City of Edmonds pursuant
to statute, ordinance and franchise agreement.
1.1.3 For emergency access purposes including such
limited improvement of the road as has been ordered by the
Town of Woodway pursuant to the development approvals
for Woodway Highlands subdivision and the terms and
conditions of any street use permit issued by the City of
Edmonds to the developer to authorize use of the strip of
land in accordance with such vested development rights,
obligations and conditions.
2. Nothing herein shall be interpreted to limit the legislative
discretion of the City Council to ultimately determine and/or
redetermine the use of this or any other real property within the
City of Edmonds in accordance with the Constitution of the United
States, the laws of the State of Washington, and the ordinances of
the City of Edmonds.
RESOLVED this 21st day of September, 1999.
APPROVED:
MAYOR, BARBARA S. FAHEY
ATTEST /AUTHENTICATED:
CITY CLERK, SANDRA S. CHASE
FILED WITH THE CITY CLERK: 09/17/99
PASSED BY THE CITY COUNCIL: 09/21/99
RESOLUTION NO. 959
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