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Ordinance 28450006.190A.060 WSS/klt 07/ 10/91 2845 ORDINANCE NO. AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, VACATING PORTIONS OF THE UNDEVELOPED RIGHTS OF WAY OF 218TH STREET S.W. AND 219TH STREET S.W. EAST OF 76TH AVENUE WEST, DETERMINING APPROPRIATE COMPENSATION TO THE CITY, PROVIDING FOR AN EXPIRATION DATE FOR SAID VACATION AND COMPENSATION PAYMENT AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. WHEREAS, the City has received joint application of Briar Development Company and Stevens Hospital for vacation of a portion of the undeveloped right of way of 218th Street S.W. and 219th Street S.W. east of 76th Avenue W., said application being shown in City files as ST-1-91 and ST-2-91; WHEREAS, the City's Hearing Examiner reviewed said applications at a public hearing on June 10, 1991, and issued to the City Council his findings of fact, conclusions and recommendation; and WHEREAS, the City Council held a public hearing on July 2, 1991, and based upon the evidence presented at its hearing, the record before its Hearing Examiner and its Hearing Examiner's report and adopting as its findings of fact and conclusions, its Hearing Examiner's report and the findings of its responsible official that the proposals are not environmentally significant; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: WSS53442O -1- Section 1. Portions of the unbuilt right of way of 218th Street S.W. and 219th Street S.W. lying south of 76th Avenue West in the city of Edmonds, Washington, and specifically described on the attached Exhibit A, incorporated by this reference as fully as if herein set forth, are hereby vacated subject to the conditions of Section 2 below. Section 2. The City Council hereby establishes as appropriate compensation to the public for the vacation of the previously described rights of way, the sum of One Hundred Twenty Thousand Six Hundred Sixty -Four Dollars and Thirty Cents ($120,664.30) said sum being established in accordance with City ordinance as the assessed valuation of the square footage of the property vacated, less credit for other property dedicated to the City by applicant Briar Development. Upon receipt of said sum, the City Clerk is hereby authorized and instructed to record a copy of this ordinance with the Snohomish County Auditor thereby vacating said property. This compensation amount has been based upon the assessed valuation of the property in 1991 and, in the event that, the applicant does not tender such compensation to the City on or before December 31, 1991, this ordinance shall be void and without effect and the City Clerk shall not thereafter record a copy of said ordinance with the Snohomish County Auditor. 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 WSS53442O -2- the passage and publication of the attached summary which is hereby approved and of the legal description shown on the attached Exhibit A. APPROVED: MAYO ,,, NAUGHTEN ATTEST/AUTHENTICATED: �-- p &Tl CLERK, JACQUELINE G. PARRETT APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: 1:3'�t1/►4llii FILED WITH THE CITY CLERK: July 10, 1991 PASSED BY THE CITY COUNCIL: July 16, 1991 PUBLISHED: July 21, 1991 EFFECTIVE DATE: July426, 1991 ORDINANCE NO. 8 WSS534420 -3- BRIAR DEVELOPMENT Vacation - 2.18th St. S.W. The North 30.00 feet of Tract 42, Solner's Five Acre Tracts, according to the plat thereof recorded in Volume 7 of Plats, page 25, records of Snohomish County, Washington, EXCEPT the West 86.68 feet thereof. ALSO, the South 30.00 feet of Tract 28, Solner's Five Acre Tracts, EXCEPT the West 86.68 feet thereof. Being a portion of said tracts conveyed to Snohomish County for 218th Street S.W. by deeds recorded under Auditor's File Nos. 869839 and 869836, records of said county. AREA: 15,162 sq. ft. Vacation-21 tii _St. S.W. ALL that portion of 219th Street S.W. as dedicated in the Plat of Pine -Land, recorded in Volume 13 of Plats, page 50, records of Snohomish County, Washington, lying East of a line described as follows: BEGINNING at the Southwest corner of Lot 4, Block 1 of said plat; thence S0'2713611E 60.02 feet to the Northwest corner of Lot 6, Block 2 of said plat and the terminus of said line. AREA: 21,596 sq. ft. EXHIBIT W Affidavit of Publication STATE OF WASHINGTON, ss COUNTY OF SNOHOIVIISH, The undersigned, being first duly sworn on oath deposes and says that she is Principal Clerk of THE HERALD, a daily newspaper printed and published in the City of Everett, County of Snohomish, and State of Washington; that said newspaper is a newspaper of general circulation in said County and State; that said newspaper 5UM RY Cf ORDINANCE. NO. 7"5 of the c1ty of has been approved as a legal newspaper by order of the Superior Edmonds WO!ihinatoll On 1tIC }61ts dOV of July 1941 the City Collor" of the LtItY 0:.:............ Court of nohomish County and that the notice ..................... Edmonds, passed OrdinonC[' Na. 2945. A summary 0f the COnteni of 501d ordinOnCe, CW'15l tlnll 01 the lHle ��tI••ovltles as 1phows: AN ORDINANCE OF THE CITY ................._......................................... ....... ....•....._•.•.•..............••.•••.•••••••,• OP f D' INN p IONSWASHOF 1 VACATING POfiTI0N5 RF -T k� RIGHTS. UNDEVELOPED .W- WAY OF 718TH STREET S.W- ram, c 6=7 cw FASr .........................�.......-���✓✓�LLL VIDING FOR AN E}CPIRA ..._........................... V DATE CDR SAID ..................:.................... .......................... ................ ..... ATION AND C0MPEN5A• a printed I PAYMENT AND FIXING A copy of which is hereunto attached, was published in said - WHEN THE $AME SHALL &foil text EFI-ECTIVhis prdkr7onte newspaper proper and not in supplement form, in the regular and 5 foil Ife moileduponqes d41ED'lhls 14h July entire edition of said paper on the following days and times, namely: JACQUELINE G.RARRETT CIIV Clerk EXHIBIT A BRIAR DEVELOPMENT / C® Ofion • 218ih 5t- S.W.. �c�0—Peer oI ._............... ... .- .-- ...-................... -.-.. ...... aCt 42, 501ner's Five Acre -octs OCcordlrlp t0 the Dial ereol retorddCedd In VOIIInIe f Ptofs, prlA 25, rOCertls• ........................_..........._........................» ......... ... ................. s ........ .................. he South 30,00 tees If 2g, SOiner'; Five rods, ExCE-PT She ,68 feet lhereof. o portfon Of . Said File ---- ono xlvltl Wool S,w, os.dediroled Ilk the Not of F+lee •Lond recorded In VWu ne 13 01 Ploys, .ppae 50, retnrds or 5nnhon7 sh 'County. Ilinesdossr�lli - a tyn50I�10wy, F p BEGINNING of the 50011• west rArner 01 LOl 4, BIOCk t. of 50id ❑Jul ; 1henCC fhw yE [.02 neprl ut L of 6. tterrminus vl spld line. ti+e E AREA: 215a6 sq, It. `Published: juIV 21, 1491. and that said newspaper was regularly distributed to its subscribers during all of said period. r 4- Principal Clerk Subscribed and sW rn to before me this............. dayof ................... ............... ,... .4..__..._.._._...., 19.... --•� 1 Notary ublic in and forithe State of Washington, residir£g, at Everett, Snohomish County. B-2-1