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Ordinance 28540006.190A.060 WSS/klt 10/21/91 ORDINANCE NO. 2854 AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, VACATING 275 FEET OF AN ALLEY EAST OF 7TH AVENUE SOUTH BETWEEN SPRUCE AND HEMLOCK STREETS, PROVIDING FOR COMPENSATION, RESERVING A UTILITY EASEMENT AND FIXING A TIME WHEN THE SAME SHOULD BECOME EFFECTIVE. WHEREAS, Gerry and Sandie McBride, owners of property at 709 - 7th Avenue South, Edmonds, Washington have presented a petition requesting amendment of the official street map and vacation of 275 feet of an alley of approximately 3,300 square feet of surface area lying east of 7th Avenue South between Spruce and Hemlock Streets, Edmonds, Washington; WHEREAS, the City Council has received a favorable recommendation from its Hearing Examiner and, pursuant to its own public hearing has adopted the findings of fact and conclusions of its Hearing Examiner, which approve the vacation; WHEREAS, in the course of testimony, the applicants stated their desire to utilize the property for a private driveway by a series of transfers between themselves and other abutting property owners of the vacated portion of the alley; WHEREAS, the Council finds that in accordance with the vacation criteria established by ordinance, the alley should be vacated but cautions the applicants that a street vacation transfers title by operation of law and that any transfer of easement rights in order to provide for use of the vacated right- of-way as a driveway will be subject to review and approval by the WSS3671.1 -1- City through a lot line adjustment or subdivision amendment in order to amend the subdivision plat to provide for such private easement, and may require approval of variances in order to address the lack of required rear yard setback by other properties immediately abutting the alley to be vacated; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. The following described platted alley is hereby vacated, reserving to the City and its franchisees a surface and subsurface utility easement as well as an easement for construction, reconstruction and maintenance of such reserved uses. Said right-of-way to be vacated is located within the City of Edmonds, Washington, and is described as the 275 feet of the alley which lies immediately east of 7th Avenue South between Spruce and Hemlock Streets, Edmonds, Washington, and which contains approximately 3,300 square feet of surface area. The Council determines that the City should be compensated for the value of the property as determined pursuant to ordinance in the amount of $13,290.75. Section 2. The City Clerk is hereby directed to file a certified copy of this ordinance with Snohomish County Auditor following payment by the applicant of said sum of $13,290.75, provided, however, that if said sum is not tendered on or before March 31, 1992, this ordinance of vacation shall be void and without effect. The Community Services Director or his designee is WSS3671.1 -2- hereby instructed to amend the Comprehensive Street Map to reflect said vacation upon filing. The applicants are cautioned that they should seek independent legal counsel to separately evaluate the statutory effect of the vacation and pursue a lot line adjustment, variance(s), and such other administrative remedies as may be necessary to effectuate their stated purpose of using the vacated strip for a private driveway. The City Council by approval of this vacation ordinance expresses no opinion regarding final approval of a lot line adjustment, variance, or other required administrative acts and specifically reserves to itself in accordance with its quasi-judicial responsibilities, the right and duty to make such determinations, if any, as may be presented to them in accordance with the ordinance criteria in effect at the date of application. Section 3. This ordinance, being an exercise of 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: MAY_❑ AARV S. NAUGH N ATTEST/AUTHENTICATED: r `I fF Cl/TY CLERK, RHdNDA J. MARCH APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: BY AS t WSS3671.1 -3- FILED WITH THE CITY CLERK: October 21, 1991 PASSED BY THE CITY COUNCIL: October 29, 1991 PUBLISHED: November 3, 1991 EFFECTIVE DATE: November 8, 1991 ORDINANCE NO. 2854 WSS3671.1 —4— "EXHIBIT A" THE WEST 275.00 FEET OF THE ALLEY OF BLOCK 5 OF THE KELLOGG PLAT OF EDMONDS, PER PLAT RECORDED IN VOLUME 39 OF PLATS, PAGE 46, RECORDS OF SNOHOMISH COUNTY, WASHINGTON, BEING 12.00 FEET IN WIDTH, ADJACENT TO, AND NORTHERLY OF, LOTS 32 THROUGH 40 AND THE WEST 5.00 FEET OF LOT 31, OF BLOCK 5 OF SAID PLAT. t f E CEDAR SPRUCE ST. _ I 12751 IX E 11 jl¢ 1 311 PSI F71 2-11� r4l 1 7 w Sz r w n ..~i w .n — n mill ..f HEMLOCK ST. O O v� 0) ui w a _ h NTS .LAUREL ST. ST-3-91 WNE- AMENDMENT TO OFFICIAL STREET MAP RES. NO. SHEET NO. DATE OF OFFICIAL ORD. NO. ST. MAF DATE - EXHIBIT 1 SUMMARY OF ORDINANCE NO. 2854 of the City of Edmonds, Washington On the 29th day of October , 1991, the City Council of the City of Edmonds, passed Ordinance No. 2854 . A summary of the content of said ordinance, consisting of the title, provides as follows: AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, VACATING 275 FEET OF AN ALLEY EAST OF 7TH AVENUE SOUTH BETWEEN SPRUCE AND HEMLOCK STREETS, PROVIDING FOR COMPENSATION, RESERVING A UTILITY EASEMENT AND FIXING A TIME WHEN THE SAME SHOULD BECOME EFFECTIVE. request. The full text of this Ordinance will be mailed upon DATED this 30th day of October , 1991. C TY CLERK, PRH15NDA J. MARCH Affidavit of Publication STATE OF WASHINGTON, COUNTY OF SNOHOIKISH, ss SUMMARY OF ORDINANCE NO. 2854 of the City of The undersigned, being first duly sworn on oath deposes and says Edmonds, Wash. On the 29th day of Ocioher that she is Principal Clerk of THE HERALD, a daily newspaper 1991 the City Council I the Clty 1� Noa2454 dQ 5u maydafance the printed and content of sold ordinance, p published in the City of Everett, County of Snohomish, ate', }ol aws Of the title, lxOvldes and State of Washington; that said newspaper is a newspaper of AN ORDINANCE OF THE CITY OF S VACAT NGN27, FEET I OF ANff general circulation in said County and State; that said newspaper SOUTHALLEY AVENUE EAST OF H BETWEENSPRUCE has been a AND HEMLOCK STREETS, pproved as a legal newspaper by order Of the Superior PROVIDING FOR COMPENSA• TION RESER IN'G A t)TILIT A Court of Snohomish County and that the notice ........................................ The full text of this Ordlnanie Summary of Ordinance No. 285 will be mulled upon request. ............. .......................................................................... DATED this 301h day of ......................... ••-._.....�.....�._... October 1991, RH6NDA J. MARCH City Clerk. "EXHIBIT A" ........ ........................... ....... ................................... I.... ............................ THE WEST 275.00 FEET OF THE ALLEY OF BLOCK 5' OF THE KELLOGG PLAT OF EDMONDS, PER PLAT RECORDED IN VOLUME 39 - ........................................................................... OF PLATS PAGE 46 RECORDS Ok SNOHOMISP a printed copy of which is hereunto COUNTY, WASHINGTON, attached, was published in said BEING 12.00 FEET IN WID Hfv ADJACENT TO. OF newspaper proper and not in supplement form, in the regular and LOTS32 THROUGH WEST 5.00 FEET T o THEf entire edition of said paper on the following days and times, namely: LOT 31, OF BLOCK 5 OF SAID PLAT. Published: November 3, 1991. --- November 3, 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 ... .... 10th day of .... . ...... .Hove ber 19 91 Not in an for the State of Washington, reverett, Snohomish County, B-2-1