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Ordinance 28280006.190A.029 WSS/klt 03/04/91 ORDINANCE NO. 2828 AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, VACATING CERTAIN PROPERTY LOCATED AT THE INTERSECTION OF 8TH AVENUE NORTH AND DALEY STREET AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. WHEREAS, pursuant to Resolution No. 474, the City Council of the City of Edmonds, Washington, held a public hearing on October 4, 1980, to consider the proposed vacation of certain property in the City of Edmonds, Washington, dedicated for street purposes and located on 8th Avenue North between Aloha and Daley; WHEREAS, pursuant to the finding of the City's responsible official, the City Council found that there was no significant adverse environmental impacts; WHEREAS, at the conclusion of the public hearing, the City Council found that certain property previously dedicated for street purposes should be vacated upon payment by certain abutting property owners of the appraised value of the area to be vacated and that certain owners who had previously dedicated property would not be required to make payment in accordance with established City policy; WHEREAS, by Ordinance No. 2218, the City Council vacated certain parcels described in said ordinance upon the payment of cash or the dedication of an equivalent value in real estate; WSS53166O -1- WHEREAS, the subject parcel described on the attached Exhibit A was reviewed at said public hearing and determined to be appropriate for vacation, but the owner of said property failed to tender the value of said parcel and said parcel described in the attachments to Ordinance No. 2218 as parcel F-2 was not vacated as a part of that ordinance; WHEREAS, the current owner of parcel F-2 has tendered to the City the value of said property as determined in accordance with current City ordinance; and WHEREAS, the City Council has now determined it appropriate to vacate said property as herein described; THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. A parcel of property previously dedicated for street purposes is hereby vacated, provided, however, that the City of Edmonds does hereby retain an easement for the construction, repair and maintenance of public utilities and services over the property. Said parcel is located in the City of Edmonds, Snohomish County, Washington, at the northeast corner of Daley Street and 8th Avenue North. It is legally described on the attached Exhibit A, attached hereto and incorporated in full by this reference. Said parcel is synonymous with parcel F-2 referenced in Ordinance No. 2218, said parcel having been expressly excluded from that vacation ordinance. WSS531660 -2- Section 2. The city clerk is hereby directed to file a certified copy of this ordinance with the Snohomish County Auditor. The City Council acknowledges receipt of payment from the current owner of the subject tract. Section 3. 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 of the ordinance or a summary thereof consisting of the title. APPROVED: ATTEST/AUTHENTICATED: J c _'z '-1 ITY CLERK, JACQUELINE G. PARRETT APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: BY FILED WITH THE CITY CLERK: March 5, 1991 PASSED BY THE CITY COUNCIL: April 2, 1991 PUBLISHED: April 7, 1991 EFFECTIVE DATE: April 12, 1991 ORDINANCE NO. 2828 WSS531660 -3- "EXHIBIT A" THAT PORTION OF THE RIGHT-OF-WAY FOR 8TH AVE NORTH LYING BETWEEN DALEY AND ALOHA STREETS IN THE CITY OF EDMONDS, SITUATED IN THE COUNTY OF SNOHOMISH, STATE OF WASHINGTON MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE EASTERLY 15.00 FEET OF THE DEDICATED PER PLAT RECORDED IN OF SNOHOMISH COUNTY, WASHINGTON ADJACENT TO LOT 38, BLOCK 82 OF 60.00 FEET OF RIGHT-OF-WAY AS VOLUME 2 OF PLATS, PAGE 39 RECORDS LYING WESTERLY OF AND IMMEDIATELY SAID PLAT, ALL SUBJECT TO EASEMENT FOR PUBLIC UTILITIES AND SUBJECT TO THE RIGHT OF THE CITY OF EDMONDS TO GRANT FURTHER EASEMENTS FOR INSTALLATION, CONSTRUCTION, REPAIR AND MAINTENANCE OF PUBLIC UTILITIES. LEGALI/TXTCLC25 6 7 8 D. 5 E I S - 27- 89 ST z � I w Q SCHOOL SITE PLAN I � i + I i ' k � CHRISTINE COX VAGATION I i t I t 0 m I E L D I 2+ I AMENDMENT TO OFFICIAL STREET MAP RES. NO. DATE ORD. NO.a8-2r®ATE #-a-9'1 SHEET NO. OF OFFICIAL ST. MAP CITY OF ED IIONDS Affidavit of Publication STATE OF WASHINGTON, ss. COUNTY OF SNOHOIAISH, The undersigned, being first duly sworn on oath deposes and says that she is Principal Clerk of THE HERALD, a daily newspaper $UMMARY OF ORDINANCE NO. 2828 printed and published in the City of Everett, County of Snohomish, of the City of Edn"dy Washfl n On the 20d day of April, 1991 the City Council of the CE1y of Edmonds, passed Ordinance No. 2828, A SurnmarY of the ranfenl and State of Washington; that said newspaper is a newspaper of of said ordinohce; conslOihp n} the Titley pr0VIOCS 05 f011awa: AN ORDINANCE OF THE CITY OF L&MONDS, WASHINGTON, general circulation in said County and State; that said newspaper VACATING CERTAIN PROPERTY LOCATED AT THE INTC$uc. TION OF 8TH AVENUE NORTH AND DALEY STREET AND FIXING A TIME WHEN THE SAME: SHALL BECOME EFFECTIVE. has been approved as ale pp gal newspaper by order of the Superior The full text of this Ordinance wllf be rri00led upon re0nC5t. DATED this 2nd doy off April 1 I. G. PARRETT Court of Snohomish County and that the notice ........................................ City Clem EXHIBIT A THAT PORTION OF THE RIGHT-OF-WAY FOR 8TH AVE NORTH UYING BFTWE-EN DALEY AND ALOHA TREETS IN THE CITY OF EDMONDS, SITUATED IN THE COUNTY OF Summary -of Ordinance No. 2828 ................................................ SNOHOMISII STATC OF WASHINGTON MORE PARTICU- LARLY orStttisr-,U AS FOI-LOWS: THE EASTCRLY 15,0D FEET Or THE 60.00 FEET OF RIGHT- OF-WAY AS DEDICATED PER PLAT RECORDED IN VOIA)ME 2 OF PLAT i PAGE: N RECORDS OF SNOHOM(SH COUNTY,-WASHINGYON LYERIG WESTERtY OF AND .............w...............................•-------................ ................ ..... ...._........ ........._....._.._.__....... IMMEDIATELY ADJACENT TO LOT 39, BLOCK 42 OF SAID PLAT' ALL �UBJECT TO LAIR MENT FOR PUBLIC UTILITIES AND SUBJECT TO THE w1wit OF THE CITY OF EDMONDS TO _..---...T....:................... .............................................................. GRANT FURTHER EMENTS FOR . REPAIRS AND MAINTENANC1wTGFLIPuilud a printed co of which is hereunto attached, was PY published in said UTILITIES. Publlshed: April 7, 1991. newspaper proper and not in supplement form, in the regular and entire edition of said paper on the following days and times, namely: April 7, 1991 and that said newspaper was regularly distributed to its subscribers during all of said period. Principal Clerk Subscribed and sworn to before me this .... ...... 8 t h day of., .............. . -,-7........ AJR r l.I.....AK...................., 1991 *blic q and fir the State of Washington, at Nvqfett, Snohomish County. B-2-1