Ordinance 27510006.060.036
JEH/crd
O1/16/90
ORDINANCE NO.
2 751
AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON,
PROVIDING FOR THE ACQUISITION OF CERTAIN
EASEMENTS OVER, ALONG, UNDER AND ACROSS CERTAIN
PROPERTY FOR THE PURPOSE OF CONSTRUCTING,
RECONSTRUCTING, INSTALLING, MAINTAINING AND
OPERATING STORM DRAINAGE LINES AND FACILITIES,
TOGETHER WITH ALL NECESSARY APPURTENANCES AND
RELATED WORK IN ORDER TO MAKE A COMPLETE
IMPROVEMENT IN ACCORDANCE WITH APPLICABLE CITY
STANDARDS, ALL WITHIN THE CITY OF EDMONDS;
PROVIDING FOR THE CONDEMNATION, APPROPRIATION,
TAKING AND DAMAGING OF LAND OR OTHER PROPERTY
NECESSARY THEREFOR; PROVIDING THAT THE ENTIRE
COST THEREOF SHALL BE PAID FROM THE GENERAL FUND
OR OTHER AVAILABLE FUNDS OF THE CITY; AND
DIRECTING THE CITY ATTORNEY TO PROSECUTE THE
APPROPRIATE ACTION AND PROCEEDINGS IN THE MANNER
PROVIDED BY LAW FOR SAID CONDEMNATION.
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO
ORDAIN AS FOLLOWS:
Section 1. The public health, safety, necessity and
convenience demand that storm drainage improvements be
constructed and maintained within the City of Edmonds and that
certain easements upon property be condemned, appropriated, taken
and damaged for the construction of said improvements as provided
by this ordinance.
Section 2. The City Council of the City of Edmonds,
after hearing the report of the City staff, and reviewing the
planned improvements commonly known as the Shell Creek Bypass,
hereby declares that the easements described on Exhibit A are
necessary for public use.
JEH01998O -1-
Section 3. The property within the City of Edmonds,
Snohomish County, Washington, which is legally described on
Exhibit A, attached hereto and incorporated herein by this
reference as if set forth in full, shall be, and the same hereby
is, condemned, appropriated, taken and damaged for the purpose of
constructing, reconstructing, installing, operating and
maintaining storm drainage lines and facilities, together with
all necessary appurtenances and related work to make a complete
improvement in accordance with City standards, all within the
City limits, said easements being taken, damaged and appropriated
subject to the making or paying of just compensation to the
owners thereof in the manner provided by law.
Section 4. The City Attorney is hereby authorized
and directed to begin and prosecute the proceedings provided by
law to condemn, take and appropriate the easements necessary to
carry out the provisions of this ordinance, and is further
authorized in conducting said condemnation proceedings and for
the purpose of minimizing damages, to stipulate as to the use of
the property hereby authorized to be condemned and appropriated
and as to the reservation of any right of use to any owner,
provided that such reservation does not interfere with the use of
said property by the City as provided in this ordinance. The
City Attorney is further authorized to adjust the location and/or
width of any of the property herein described in order to
minimize damages, provided that said adjustments do not interfere
with the use of said property by the City as provided in this
ordinance. '
JEH01998O -2-
Section 5. The entire cost of the property
acquisition authorized by this ordinance, including all costs and
expenses of condemnation proceedings, shall be paid from the
general fund of the City, and from such other funds of the City
as may be appropriate.
Section 6. 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
publication of the attached summary, which is hereby approved.
APPROVED:
ATTEST/AUTHENTICATED:
g'��e �- � I'Z"'A"zt—,
C/ITYOCLERK, JACQUELINE G. PARRETT
APPROVED AS TO FORM:
OFFIF1C1t OF -T-ZE CITY ATTORNEY:
F
BY
FILED WITH THE C�'Y CLERK: January 16, 1990
PASSED BY THE CITY COUNCIL: January 23, 1990
PUBLISHED: January 28, 1990
EFFECTIVE DATE: February 2, 1990
ORDINANCE NO. 2751
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EXHIBIT A
PARCEL 1
A permanent easement over, under, in, along and across the
following described property, located in the City of Edmonds, Snohomish
County, Washington:
The Easterly fifteen (15.00) feet of the
following described parcel:
All that portion of the Northeast quarter of the
Northwest quarter of Section 24, Township 27
North, Range 3 East, W.M., described as follows:
Beginning at a point on the Northerly line of
Plat of Brookmere, according to the plat
thereof, recorded in Volume 17 of Plats, Page 17,
records of Snohomish County, Washington; said
point being a concrete monument at the
intersection of the centerline of 8th Avenue
and Northerly line of said Plat of Brookmere;
THENCE South 88033'57" East 32.13 feet; THENCE
North 0058'14" East 79.31 feet to a point on
Northerly line of within described tract of land;
THENCE North 88133'57" West along said Northerly
line 126.79 feet to a point curve to the right,
said curve having a radius of 169.28 feet; THENCE
Westerly, along said curve, an arc distance of
54.25 feet; THENCE South 0058'14" West 87.92
feet; THENCE South 88033'57" East 147.87 feet to
the Point of Beginning.
Together with the permanent right of ingress and egress thereto at
any time for the purposes mentioned in the attached ordinance.
Together with a temporary construction easement on the adjoining ten
(10.00) feet.
-1-
SHELLCRI/TXTAGNDA
PARCEL 2
A permanent easement over, under, in, along and across the
following described property, located in the City of Edmonds, Snohomish
County, Washington:
The Easterly fifteen (15.00) feet and the
Northerly fifteen (15.00) feet of the Easterly
forty-eight (48.00) feet of Lot 10,
Haggards-Soundview Addition according to the
plat thereof recorded in Volume 12 of plats, page
89, records of Snohomish County.
Together with the permanent right of ingress and egress thereto at
any time for the purposes mentioned in the attached ordinance.
Together with a ten (10.00) foot temporary construction easement
adjoining the aforementioned permanent easement.
-2-
SHELLCR2/TXTAGNDA
PARCEL 3
A permanent easement over, under, in, along and across the
following described property located in the City of Edmonds,
Snohomish County, Washington:
The Northerly fifteen (15.00) feet of the
following described property:
All that portion of Government Lot 4, Section
13, Township 27 North, Range 3 East, W.M.,
lying West of the West line of the Great
Northern Railway Company's right-of-way;
EXCEPT that portion lying North of the
Westerly extension of the South line of the
most Southerly tract conveyed to Eugene James
McNamara by deed recorded under Recording No.
563723.
Together with the permanent right of ingress and egress thereto
at any time for the purposes mentioned in the attached ordinance,
and
Together with a ten (10) foot wide temporary construction
easement over, under, in, along and across the south ten (10 feet
of the Northerly twenty-five (25) feet of the above -described
property.
JEHO1998A -3-
PARCEL 4
A permanent easement over, under, in, along and across the
following described property located in the City of Edmonds,
Snohomish County, Washington:
The Northerly fifteen (15.00) feet of the
following described property:
Beginning at the quarter Section corner
between Sections 13 and 24, Township 27 North,
Range 3 East, W.M.;
THENCE along said Section line North 88°48139"
West 1285.60 feet to a fence which is the
Southwest corner of a tract conveyed by Bertha
I. Haggard to S.A. Thompson and Harriet
Thompson, his wife, by deed recorded under
Recording No. 888441 and the True Point of
Beginning;
THENCE North 2*23' East along said fence line
and the West line of said Thompson Tract to
the Southerly line of a tract conveyed to
Eugene James McNamara by deed recorded under
Recording No. 563723, and an old fence;
THENCE along said fence and line North 71*32'
West to the East line of the Great Northern
Railroad right-of-way;
THENCE Southerly along said right-of-way 330
feet to the South line of said Section 13;
THENCE East along said Section line to the
True Point of Beginning.
Together with the permanent right of ingress and egress thereto
at all times for the purposes specified in the attached
ordinance, and
Together with a ten (10) foot wide temporary construction
easement over, under, in, along and across the south ten (10)
feet of the northerly twenty-five (25) feet of the above -
described property.
JEHO1998A -4-
PARCEL 5
A permanent easement over, under, in, along and across the
following described property located in the City of Edmonds,
Snohomish County, Washington:
The Easterly fifteen (15.00) feet and the
Northerly fifteen (15.00) feet of the
following described property:
A portion of Government Lot 4, Section 13,
Township 27 North, Range 3 East, W.M.,
described as follows:
Beginning at the quarter corner between
Sections 13 and 24, said Township and Range;
THENCE North 88048/39/1 West along the South
line of Section 13, 1087.30 feet to the True
Point of Beginning; THENCE North 1°11'21" East
152.30 feet to the Southerly line of a tract
of land as conveyed to Eugene James McNamara
by deed recorded in Volume 271 of deeds, page
491, under Recording No. 563723, records of
said county; and an old fence; THENCE along
said fence and line North 71032' West 204.25
feet to fence; THENCE South 2*23' West along
said fence 216.82 feet to the Section line;
THENCE South 88048/39/1 East 198.30 feet to the
True Point of Beginning.
Together with the permanent right of ingress and egress thereto
for the purposes mentioned in the attached ordinance, and
Together with a ten (10) foot wide temporary construction
easement over, under, in, along and across the west ten (10) feet
of the easterly twenty-five (25) feet and the south ten (10) feet
of the northerly twenty-five (25) feet of the above -described
property.
JEHO1998A -5-
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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
rrvnc;7 printed and published in the City of Everett, County of Snohomish,
Alt Interested Pertles. are hereby
� and State of Washington; newspaper
entitled trial acme reserst CRY cr gton; that said news a er is a of
Edmonds lsutslis#senance� d ordlncr1�es
Rnnd(or=° ardi summaries . general circulation in said Count and State; that said newspaper
were misnurrlbered due to a 3r
fplublishee5 as error. or
has been approved as a legal newspaper by order of the Superior
througyh -2151 are hereby
renamLered 2743 throwph 2751. Court of Snohomish Count and that the notice ........................................
. . JACpl1ELINE G. PARRE17 Y
-Edmonds City Clerk
Pubs1rhed:.Seoruory2, 19 . _
------- Omdlaanc- e._.No_._---2.143_. th-ru_. 2151---Renumbe re d
---------------------------------------------
Ordirlance No. 2743 thru 2751
a printed copy of which is hereunto attached, was published in said
newspaper proper and not in supplement form, in the regular and
entire edition of said paper on the following days and times, namely:
-----..k'eb.rua.ry... --
and that said newspaper was regularly distributed to its subscribers
during all of said period.
Principal Clerk
Subscribed and sworn to before me this ....... 3 r d
day of.. ruary 90
Noiiat
ind fo the State of Washington,
resEverett, Snohomish County,
B-2-1
STATE OF WASHINGTON,
COUNTY OF SNOHOIVLISH,
SUMMARY OF
ORDINANCE NO. 2151
of fhe City of Edmonds,
Woshinalon
On the 23rd day of January,
1940 me cBv eaunm cll of e elfY
of Edmonds, passed Ordfnonce
Ha. 2151. A summary of "0
[onfenf of Sold ordinance,
,,:o%sflnp of the title, provides
as follows: ..
ALL -
AND
LAND
TY
HEE E
- the full Text of this ordfnonce
will he moiled upon request.
DATCD ffiis 23rd day of
Januar 1990,
1A eEO NE G. PARRETT
Pnhllshed: January 28, 1990.
Ci__.1
Affidavit of Publication
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
has been approved as a legal newspaper by order of the Superior
Court of Snohomish County and that the notice ........................................
Summ x.y.-.o ...Qr.d.i.n- nc,.e...No-,----2.151-•
a printed copy of which is hereunto attached, was published in said
newspaper proper and not in supplement form, in the regular and
entire edition of said paper on the following days and times, namely:
............January_.-28_,.- 1990
and that said newspaper was regularly distributed to its subscribers
during all of said period.
i
Principal Clerk
Subscribed and sworn to before me this .......... 29.t<.h........
day of .... January a 990..:..
e -
.Nota Public in and for the State of
�. !' ... ...........Washington,
residing at Everett, Snohomish County.
,27S/
8-2-1