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Ordinance 26690006.1915E WSS/naa 04/27/88 R:04/29/88 ORDINANCE NO. I,'b69 AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING ORDINANCES NO. 2620 AND 2641 VACATING THE WESTERLY POR-ION OF THE PLATTED BUT UNBUILT RIGHT-OF-WAY OF 7TH AVENUE SOUTH, IMMEDIATELY SOUTH OF ITS INTERSECTION WITH FIR STREET, DELETING A PORTION OF SAID VACATION UPON FAILURE OF AN ABUTTING PROPERTY OWNER TO PAY COMPENSATION AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE WHEREAS, pursuant to ordinance and statute, the City £ Edmonds held a public hearing to consider the proposed vacation of a portion of the right-of-way of 7th Avenue South, lying immediately south of its intersection with Fir Stree` under City Application No. ST-4-86; and WHEREAS, pursuant to said proceedings, the City Council i conditionally vacated said unbuilt right-of-way of 7th Avenue South in Ordinance No. 2620, reserving to itself a pedestrian easement, surface and subsurface utility easements and an easement to maintain same; and WHEREAS, in Ordinance No. 2620 said easement was not specifically located but rather an easement was reserved within and over the entire right-of-way to be vacated; and WHEREAS, the City Council, following notice and further public hearing, determined it to be appropriate to reduce the easement a -ea to be reserved for public use, thereby amending the amount of compensation to be paid, and conditionally vacated said right-of-way by Ordinance No. 2641; and WSS505930 -1- WHEREAS, said condition was only partially met as the property owner abutting the easterly portion of said right-of-way has refused to pay the compen 3tion set, while she abutting )wner to the west, Mrs. Shirley Abrahamson, has paid said compensation, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FDMONDS, WASH:NGTON, DO ORDAIN AS FOLLOWS: Section 1. Ordinances No. 20-20 and 2641 vacating a portion of the platted but unbuilt right-of-way of 7th Avenue South are hereby amended in order to delete the easterly one-half of said right-of-way due to the failure of the abutting property owner to pay the compensation set by said ordinance. The receipt of compensation from the abutting owner to the west is hereby confirmed. Said prior conditional vacation of the easterly portion of 7th Avenue is hereby voided and shall be without effect. Section 2. A portion of the platted but unbuilt right- of-way described as the westerly thirty (30) fee• of that portion of 7th Avenue South adjacent to Fir Street, and more particularly shown and described on the attached Exhibit A incorporated by this reference as fully as if herein set firth, is hereby finally vacated subject only to the reservation of: A. A five (5) foot pedestrian easement described as the easterly five (5) feet of said vacated area; and B. A fifteen (15) foot utility easement, overlying said retained pedestrian easement ana described as tho easterly fifteen (15) feet of said vacated premises. WSS505930 -2- Section 3. The City Clerk is hereby instructed to record a copy of this ordinance with the Snohomish County Auditor. Section 4. This ordinance, being an exercise of a power specifically delegated to the City legislative body, is not subject to referendum and shall take effect five (5) days after passage and publication .�f .he attached summary which is hereby approved. APPROVED: .'4AYC ATTEST/AUTHENTICATED: i/CIVI CLERK, .? CQUELINE G. PARRETT APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: BY 1 <� r 1 /► -e� FILED WITH THE CITY CLERK: April 28, 1988 PAQSED BY THE CITY COUNCIL: 4ay 3, 11188 PUBLISHED: Mav 8, 1988 EFFECTIVE DATE: May 13. 1988 ORDINANCE. NO. 2669 WSS505930 I-XIIIHIT A 5 FOOT PEO STRIA(J E SEMENT I I I I� I II I c/D I W I � I = I � I - � I H/ W TO BE VACATED Oloi ESTRIAN EASEMENT i That portion of the undeveloped right-of-way of 7th Avenue South as follows: The westerly 30 feet of the northerly 120 feet of 7th Avenue South, lying southerly of Fir Street and north of Elm Street; adjacent to Lot 1, Block 8 of Yost's First Addition to Edmonds in Section 25, Township 27 North, Range 3 East, W.M., situate in the County of Snohomish, State of Washington.