Resolution 1405RESOLUTION NO. 1405
A RESOLUTION OF THE CITY OF EDMONDS,
WASHINGTON, STATING ITS INTENT TO VACATE A
PORTION OF UNOPENED RIGHT-OF-WAY
ADJACENT TO THE SOUTHERN BOUNDARIES OF
10410 AND 10430 231sT ST. SW UPON THE
FULFILLMENT OF CERTAIN CONTIONS.
WHEREAS, on January 23, 2018, the Edmonds City Council adopted resolution
No. 1402 establishing a public hearing on a proposed street vacation, File No.
PLN20170052; and
WHEREAS, a public hearing on the proposed street vacation was held on March
20, 2018; and
WHEREAS, the City Council finds and determines that the vacation is in the public
interest, and that no property will be denied access as a result of the vacation; and
WHEREAS, the abutting owner will convey an easement to the Edmonds School
District to allow it to maintain its existing private stormwater line in the right-of-way to be
vacated; and
WHEREAS, at that public hearing, the record contained a real estate appraisal
showing the value of the proposed vacation area to be $57,600; and
WHEREAS, the subject right-of-way was originally acquired pursuant to
dedication and not at public expense; and
WHEREAS, pursuant to ECDC 20.70.140.A.3.a and RCW 35.79.030 the City may
be compensated up to an amount equal to one-half of the fair market value of the right-of-
way prior to vacation by ordinance; and
WHEREAS, the City Council finds $28,800 (half of $57,600) is reasonable
compensation when determined in accordance with the fair market value of the land to be
vacated; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON,
HEREBY RESOLVES AS FOLLOWS:
1
Section 1. The city council hereby states its intent to vacate by ordinance that
portion of unopened right-of-way lying directly south of 10430 231s' St. SW beginning at
the western boundary of 10430 23Is' St. SW and running east to the eastern boundary of
10410 23Is' St. SW as shown on the attached Exhibits A and B and further described in
File No. PLN20170052, which exhibit and file are incorporated by this reference as fully
as if herein set forth as long as the following conditions are met within ninety (90) days of
adoption of this resolution:
1. The petitioners shall deposit $28,800 with the City of Edmonds, which is
one-half the appraised value of the vacation property, and which money, upon adoption of
an ordinance vacating the property, shall belong to the City of Edmonds.
2. The abutting underlying fee owner(s) shall convey easement(s) to the
Edmonds School District allowing the continuing use, repair, and maintenance of the
District's stormwater line after the City's vacation of the right-of-way. The easement(s)
shall be recorded with Snohomish County's real property records.
RESOLVED THIS 20TH DAY OF MARCH, 2018.
ATTEST:
C CLERK, SCO PASSEY
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
RESOLUTION NO.
(D,k - Do- 6�a, L �,,
M YOR D VE EARLING
March 16, 2018
March 20, 2018
1405
2
EXHIBIT "A"
PUBLIC RIGHT-OF-WAY VACATION
LEGAL DESCRIPTION
PORTION OF THAT PUBLIC RIGHT-OF-WAY LYING DIRECTLY SOUTH AND ADJACENT TO
LOT 10, LOT 11, TRACT 16 OF THE PLAT OF SHERWOOD ESTATES, AS RECORDED IN
VOLUME 31 OF PLATS, PAGE 90, RECORDS OF SNOHOMISH COUNTY AUDITOR AND THAT
PORTION OF VACATED 104TH AVENUE SOUTHWEST LYING EAST OF AND ADJACENT TO
SAID LOT 10 FOR COMMISSIONERS RESOLUTION NO. 79-251 WHICH ATTACHES BY
OPERATION OF LAW, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 11;
THENCE SOUTH 00009'39" WEST 20.00 FEET, TO THE SOUTH LINE OF SAID PUBLIC RIGHT-OF-
WAY, TO BE VACATED;
THENCE SOUTH 89050'21" EAST, ALONG SAID SOUTH LINE, DISTANCE OF 320.81 FEET, TO
THE SOUTHERLY EXTENSION OF THE EAST LINE OF SAID VACATED 104TH AVENUE
SOUTHWEST;
THENCE NORTH 00009'46" WEST, ALONG SAID EXTENSION, DISTANCE OF 20.00 FEET, TO
THE SOUTHEAST CORNER OF SAID VACATED 104TH AVENUE SOUTHWEST;
THENCE NORTH 89050'21" WEST, ALONG THE SOUTH LINE OF SAID LOTS, TRACT AND
VACATED 104TH AVENUE SOUTHWEST, DISTANCE OF 320.70 FEET, TO THE SOUTHWEST
CORNER OF LOT 11 AND THE POINT OF BEGINNING;
HAVING AN AREA OF 6,415 S.F., MORE OR LESS
RECEIVED
OCT 3 0 2017
DEVELOPMENT SERVICES
COUNTER
813112017
EXHIBIT "B"
INTAMS
_t-_t____L23iST STREET SW `
t I JII
LOT 7
i 10430 231ST ST SW \ 'IP.4CT 16
I EDMONDS, WA 98020 "IVA'IlEi ROAD)
POINT OF
� —BEGINNING � � N 89'5011" W
UNIMPROVED F~S 00-09'39" W
PUBLIC R-O-W 20.00' C4
4' �'
I t'
20' RIGHT—OF—WAY
%VACATION f6.415 SQ
S 89'50'21" E 320.81'
i f
➢ff9L - - - - - - - - f
j 1 f
i f
--
LOT W i
20
VACATED-f -�
! ROW
1320.70' I f
N 00b9'46" W
20.00'
no RIGHT-OF-WAY
fig¢ r r4r '¢I VACATION
�:.Te r r a n e
10430 231ST SW
EDMONDS, WA 98020
10801 Maim Street, Suite iJZ, 6elietiue, 0,1P
N.T.S. 7�t, i JOB NO. 161628 ohnnc 425 458.4188 snpppr�h?t13n
DATE: 8/31/2017 WWW. tef t.