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Ordinance 27930006.190A.059 WSS/klt 09/14/90 ORDINANCE NO. 2793 AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, VACATING A PORTION OF THE NORTH RIGHT-OF-WAY OF PINE STREET IMMEDIATELY ADJACENT TO 916 NINTH AVENUE SOUTH AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. WHEREAS, the City Council has reviewed at public hearing the recommendation of its Hearing Examiner that a portion of the unbuilt north right-of-way of Pine Street adjacent to 916 Ninth Avenue South be vacated; and WHEREAS, the Hearing Examiner recommends such vacation suggesting that the City be compensated for the vacated right-of- way based upon the assessment of the property in 1990 by the Snohomish County Assessor and that the applicant participate in the cost of constructing a sidewalk for Pine Street on the south side of Pine Street immediately across from the subject project; WHEREAS, the applicant requests that the City waive compensation and the Council find such waiver to be equitable and in the public interest due to the long standing street vacation and the applicant's participation in road improvements through an LID; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. The City Council finds that a portion of the north right-of-way of Pine Street, currently undeveloped, immediately adjacent to 916 Ninth Avenue South and shown and WSS525280 -1- legally described on the attached Exhibit A is surplus to the needs of the City and shall be vacated. This finding of vacation is based upon current facts presented at a public hearing on April 3, 1990, and the applicant's request for reconsideration of the payment of compensation. Section 2. The City Clerk is hereby authorized to record with the Snohomish County Auditor a copy of this ordinance. 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. J APPROVED: MAYOR,—IA'ROO V. M.UGHTEN ATTEST/AUTHENTI AT�EEDD: CI CLERK, JACQUELINE G. PARRETT APPROVED AS TO FORM: OFFICE TH CITY ATTORNEY: BY 5el, (A FILED WITH THE CITY CLERK: 9/14/90 PASSED BY THE CITY COUNCIL: 9/18/90 PUBLISHED: September 23, 1990 EFFECTIVE DATE: September 28, 1990 ORDINANCE NO. 2793 WSS525280 -2- EXHIBIT A LEGAL DESCRIPTION (For vacated portion of Pine Street per ST 6-89/Hardman) That portion of the Northeast quarter, of the Northwest quarter of Section 25, Township 27 North, Range 3 East, W.M., Snohomish County, Washington, described as follows: Beginning at the intersection of the North margin of Pine Street with the West margin of 9th Ave. S., said point of beginning being the Southeast corner of Vacated Block 10, THE KELLOGG PLAT, according to plat recorded in Volume 2 of Plats, page 42, records of said Snohomish County; thence N 89057'43"W along the North margin of said Pine Street, 27.00 feet to the TRUE POINT OF BEGINNING; thence S 00003'52"W, parallel to said 9th Ave. S., 3.00 feet; thence N 89057'43"W, parallel to the North margin of said Pine Street, 67.00 feet; thence N 00003'52"E, parallel to said 9th Ave. S., 3.00 feet to said North margin; thence S 89°57'43"E 67.00 feet along said North margin to the TRUE POINT OF BEGINNING. (Containing 201 square feet more or less.) STATE OF WASHINGTON, COUNTY OF SNOHOMISH, SUMMARY Of' ORDINANCE the Clly a.12793 [dnlnitdl. wnshin710M On 1he 18th day of September, IM the City Council of the City of Edfil"% N. 2793,, A Su n orayrdefallhe content of sold Ordinance, consl5fing of the title provides 05 Follows: AN ORDINANCE OF T?tF CITY AI h{5 Ordlnonce n reauest. 181h doY of G.PARRETT I. E.G AL D£5CR IPT lord (For P1ne StrcrlcoN �pern of ST G•119'MardIn n) That portion of the NarYlt- east qu[vier. of 115r.• NpNh- West llartel of SCCfloil 25 Township 27 Piorfh. Ron f hIs Cpurlly, Wast11nfftpfT, described as follows: Bef2}nninq al the Intersectlon of the Nerf1, n, jpn of Plne Street with use wesf margin of 9th Ave, S., wid point of 0eginnino h^]nq the south• ea51 CarnP•r of Vocoted BlpCk 10 THE 14E1.LOGG - PLAT, ;kcordlnq 1a pip! recorao in Voti—c' 2 of phds, poor 42, records 01 Laid bnahonllsh COWIN; thence N By°57'•13"W 01011. the Korth near In of sat Pine S1rtrel 27-0 feel to the TRUE PONT OF SEGIN- NItdG• henCe 5 a0"03'SY"W, parallel to Said 9th Ave, S, 1.00 feet; thence fs9°5711311W, ptlraliel to the tlatih Mitt of said Plne 511M,Skeet 67.00 feet thence N f5fiE, ry�prahel to sold 1 9Ih Ave. S„ S,00 feel to Said North Mar in; thence 5 89°57'a31,E �7.Do tee] along saillto the TRUENorth owt O aOFn BEGIN- NING, (Containing 201 square feet more or less.) PubilshBd: septelnbor 23, 1990. 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. 2793 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: September 23, 1990 and that said newspaper was regularly distributed to its subscribers during all of said period. Principal p 1 Clerk Subscribed and sworn to before me this...... 4th day of ................. ..........Septemb�r 19 90 Nota c P5.1- in a�d for the State of Washington, rest ing "at Everett, Snohomish County. B-2-1