Ordinance 27620006.060036
02/26/90
JEH/mis
ORDINANCE NO. 2762
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;
AMENDING EXHIBIT A TO ORDINANCE 2751 TO DELETE
THE EASEMENTS DESIGNATED PARCELS 2 AND 5, TO ADD
A NEW EASEMENT AS PARCEL 6, AND TO REVISE THE
LEGAL DESCRIPTIONS OF THE EASEMENT DESIGNATED
PARCEL 4; PROVIDING FOR THE CONDEMNATION,
APPROPRIATION, TAKING AND DAMAGING OF LAND OR
OTHER PROPERTY NECESSARY THEREFORE; 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 ACCORDING TO SAID
CONDEMNATION.
WHEREAS, Ordinance No. 2751 of the City of Edmonds,
passed by the city council on January 23, 1990, authorized the
condemnation of certain easements necessary for the Shell Creek
Bypass Storm Drainage Project, and
WHEREAS, the parcels authorized to be condemned, and
the legal descriptions thereof, were based upon a particular
alignment of the storm drainage line to be installed under the
Project, and
WHEREAS, the City staff has recommended that the
alignment of the storm drainage line be changed, and that the
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parcels and legal descriptions authorized for condemnation be
revised accordingly, now therefore,
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON
HEREBY ORDAINS AS FOLLOWS:
Section 1. Exhibit A to Ordinance No. 2751 Amended.
Exhibit A to Ordinance No. 2751 of the City of Edmonds, passed by
the City Council on January 23, 1990, is hereby amended to delete
the easements designated as Parcels 2 and 5, to revise the legal
description of the easement designated Parcel 4, to add a new
easement designated Parcel 6, and to read as set forth on Exhibit
A attached hereto and incorporated herein by this reference as if
set forth in full.
Section 2. Requirement for Condemnation. 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 described on Exhibit A
be condemned, appropriated, taken and damaged for the
construction of said improvements as provided by this Ordinance.
Section 3. Declaration of Necessity. 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, including the revised alignment
therefore, hereby declares that the easements described on
Exhibit A are necessary for public use.
Section 4. Condemnation. The property within the City
of Edmonds, Snohomish County, Washington, which is legally
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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 5. Duties of City Attorney. 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 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 damage, provided that said
adjustments do not interfere with the use of said property by the
City as provided in this Ordinance.
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Section 6. Cost. 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 7. Effective Date. This Ordinance, being an
exercise of a power specifically delegated to the City
legislative body, is not subject to referendum and shall take
R
effect five (5) days after publication of the attached summary,
which is hereby approved.
A pppnvR n
ATTEST/AUTHENTICATED:
TY eLERK, JACQUELINE G. PARRETT
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
BY S. -�
FILED WITH THE CITY CLERK: February 26, 1990
PASSED BY THE CITY COUNCIL: February 27, 1990
PUBLISHED: March 1 1 , 1990
EFFECTIVE DATE: March 16, 1990
ORDINANCE NO. 276 2
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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 88033/57/1 East 32.13 feet; THENCE
North 0058/14/1 East 79.31 feet to a point on
Northerly line of the within described tract
of land; THENCE North 88033/57/1 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 0'5811411 West 87.92 feet; THENCE South
88°33157" 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.
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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.
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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 and the Easterly
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 88048/39/1 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 2023' 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 71032' 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 and the west ten (10)
feet of the easterly twenty-five (25) feet of the above -described
property.
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PARCEL 6
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 property:
That portion of Government Lot 1, Section 24,
Township 27 North, Range 3 East, W.M., described as.
follows:
Beginning at the Northeast corner of said
Government Lot 1; THENCE South along the East line
of said Government Lot 1, a distance of 330 feet;
THENCE North 88*4813911 West, a distance of 235.41
feet; THENCE North 87024' West to the Meander line;
THENCE Northerly along the Meander line to the
North line of said Government Lot 1; THENCE East
along the North line of said Government Lot 1 to
the Point of Beginning;
Except roads; and Except Great Northern Railroad
right-of-way.
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 adjoining ten (10)
feet.
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STATE OF WASHINGTON,
l•
COUNTY OF SNOHOIVISH,
the
the
2762
A summary of lha
of sold ordlnolice,
of the litre, provides
VANCE OF THE CITY
3Nas WASHINGTON,
G FUR THE ACOU151-'
GF CERTAIN
!TS OVER ALONG
No ACROit CERTAIN
Ty OF CONSTRUCTING
A NCTGAlIJiN r. STAmn
AK
PR.OVlDPO BY LAW ACCORD-
E ING TO SAID CONDFMNATION.
IThe full tcxf of this ordlnuntc
will be Inolled unen roquesl. •
DATED this 77tf1 day Of I
Febx'uol'y 1099
JACULIELINE G. PARRETT
Clty Clerk
VXHIOIT A
PARCEL 1
A permanan casement over l
under ln, nfonry rand across 81e
r0110SCrlbet! nroUelty, 1
located Vol. +Ise Clly 01 Fflnland5,
5nohornlsh Cou tly Wamiln4}on
The frosxerly f �feon
feet of the follaWlno
described npI'M!,
All that R01'I1011 of hle North•
east quarter of the North,
west [jtllNot-if
of Section 24
Town I111 77 NiI
f+, Ra We
Enos, W.M., described as
1011OWst
Fie V111111110 of a polllt 011 the.
NN'Nlerly 11110 of Plot of
6rook.mal•e, occordlnp to the
V-W thereof rvcorded In
Volume 17 UPhrh, Pape 17,
re Cords of Snohon lsh
CaunN, WasningFan; sold
--Pallet bef" a concrete
nlonun)ent o! the Intel,
1*1 of file Centerlhle of 911
Avenue and Northerly line
of sold Plot of l3rookmePe;
THENCE South n,33'57
East 32.13 feet; THENCE
North 0158,14" East 1gx
feet to a point on Northerly
ISne of file w1NNn descl'Ibed
tract of farad; THENCE Norti1
88°33'57" West aionp sold
Northerly Ilne 126.79 reef to
a point curve to the rigq'm
Said cul-Ve having o to lug
of 169.20 foot; THENCE
Westerly, ofona said Curve.
Toppgether wkt11 the permollent
riatN of Ingress and egress
thereto of any Nn+e far ry1C
purpoSes Mentioned Ir.the
Togethered arw!}I1nC 0 temporary
ConsWuCtlOn easement' an Fhe
odfolitIng ten (10.001 foot.
PARCEL 3
_A parmalT€rT eo —rnent over,
IM
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 ........................................
Summary of Ordinance No. 2762
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:
March 11a 199
and that said newspaper was regularly distributed to its subscribers
during all of said period.
Principal Clerk
Subscribed and sworn to before me this ...... 12th
day of, March
................................................, 19.90...
f Nota, Public in State of Washington,
residing at Everett, Snohomish County.
,a��r ur ingress n11 egress
I
thereto 01 cloy IIl}+e for the pul'pases men}fanud hi the
17oaefhernwllfR n lenlpororV
Cansh•uCttan Basemen} on the
adfotning tan (t0.00) feet.
PARCEL
r A Perms el emBnt over,
Under, In, along pnd across the
I follpwlnp described ropelty
located fn the City of Edn7oi5d5,
S Thamish--
The korihcrly f�'feen i15.OP)
feet of the 10Ilowlno
described property:
All flat. portion of Govern.
menf Lot f Section 13
Tgwnshlp 77 �Orlh. Range
; jjt�ie!'wj' lg WetD�GrBp1
Northern Rahway
mpsl Sot ttlerly trrref
conveyed to Eugone James !
Mctiamaro qv dor,d
recOrriod Illlder Recording
NO, 5e3723.
Tor with the aermnnenf
I'Ipltt of inoreSs Ord RQI'BK,
ftrrrelo p} any tfm4 for the
purposCS mrrntlont;d In Tfle
attached prdinorlCe and
Together wHh a len (10) foot
wide 1e115pornry tOnsiru(,.Mom
easement over, under, In, along
pnd across the sotith ten 110
feet of the Northerly twenty.fivo
(25y feet of the above -described .
property.
PARCEL i
unAderpeln, dio end A0rlfacross over,
fallow,np described property
located In Me City of Edmonds,
Snohomish Cou rtv Washington:
fee and tee l�vsl fir flneepn
(l5.go] feet of the following
descriibed pl•oportV:
B"N"nq at the quarter
S c1lon corner between
Secllons 13 and 24
Township 27 North, Range
East W .M.'
128s.40 leaf to
o fence w111cti
Is If1e Southwest corner of a
act conveyed by Eleltha I.
S( 901A to S.A. Ttlampsan
and Horrief Ttlomp4oll, 11ts
wile, Iay rived recorded I
under Recordinqq No. e8Adt1 1
all" the True Polnt Of 8eg141. +
nhlg�
I THCttCE ldaltll 7°1
3' E.osf
ulong $aid.fSlxe 1115o emd Ole
I a tract Calvvevgd fu i uaenr
lames MCNnniarn by [laf7tf
reC01'ded under Reca (lllla
NO. 563723, and an.old fence;
THENCE afollq sold fence
West
to tllelEast lie of the'C•reat
Northern ROIlrood rlghf•of-
wpV•
THE NCE Southerly along
Sall Ilght•of-wov 330 feet to
file Saalll line of sold 5ectlon
13;
THENCE East along sold
T ySection Ifeenpgeto the True
aetheJnf rf wl��ihnittie•
right of Ingress andr ogres
thereto at all Hines for the
P.Urpose$ Specified 1n the
attached ordsnoncB and
Toefher with a an (10) rapt
wije teMParary construction
easement Over, udder, fn, of{w{5
fend of Nx namYjlerly twenty-fl Ve
f25) feet and the west ten i141
fleet of fhc easterly twenty- ye
�(25)feet of the above -described
AYoperty.
A perms ARnr�lCCaL�seemenf ever,
following' descr Glee orross
Iomted In the City of Edmonds,
Snohomish County. Wa5hli5g}an;
The Easterly f on (15.e0y
feet of the fallowing I
described property:
That "[on of Gaveminent
Lot 1 SeUlan 2i, Township
27 1404, Ranae 3 East,
W,M., described as follows:
Beginnlng at the Nofteast
Canner oT sold Government
Lot 1; THENCE South along
the East 11ne of said Govern-
ment Lot 1 a distance of 33o
feat•. TIIENCG North ,
88°4�'39" West, a distance
Meander fine,, THENCE
Northerly ofall 9 file
I Meander line to the {north
!Ij Ilne of sold Oovernnwnt Lot
t THENCE Eost along Hie
fi.141 Ono of sold Govern -
I meet Let 1 to the Point of
1 Be9lnninp;
FxCepf reads; and Excepf
Grant Northern Railroad
righf•af-wayy.
Tapether wlttI Ole permanent
Ig11f Of hlgl'm and egress
FlSereta dt any time for the
pllrpa5es mentioned In One
To lied Ordinance and
ppteif'- with a Ten (19) too}
wick teMPOrorV construction
eaNemrH WerryundBr, Inn along