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Ordinance 27970006.190A.057 WSS/klt 09/21/90 ORDINANCE NO. 2797 AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, VACATING A PORTION OF THE PLATTED BUT UNBUILT RIGHT-OF-WAY OF 74TH PLACE WEST LYING BETWEEN NORTH MEADOWDALE ROAD AND 162ND STREET S.W., AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. WHEREAS, pursuant to ordinance and statute, the City Council of the City of Edmonds, Washington, has held a public hearing to consider the proposed vacation (ST-3-89) of that portion of the right-of-way of 74th Place West lying between North Meadowdale Road and 162nd Street S.W.; and WHEREAS, pursuant to the findings of the City's responsible official, the City Council finds that there will be no significant environmental impact; WHEREAS, this Council has received the findings and recommendations of its hearing officer, and based thereon, as well as based upon the testimony derived at the hearing before the City Council, finds that the property is surplus to the needs of the City and should be vacated subject to the conditions contained in this ordinance and in exchange for certain dedications to public use; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. That the following described easement previously dedicated for street purposes is hereby vacated. Said WSS52677O -1- easement is located within the City of Edmonds, Snohomish County, Washington, and is described as the platted but unbuilt right-of- way of 74th Place West, lying immediately between North Meadowdale Road and 162nd Street S.W., shown and legally described on the attached Exhibit A, incorporated by this reference as fully herein set forth; Provided, however, that this vacation has been expressly conditioned upon fulfillment of the following: a. quit claim deeds from abutting property owners for the as -built right-of-way of 74th Place West; b. reciprocal access easements be granted to and between abutting owners; c. A mutually agreeable transfer of property rights be worked out with respect to the residence which encroaches within the existing right-of-way; and d. the City receive a 10 foot utility easement for existing utilities in or adjacent to the rights of way. The City Council finds that such conditions have been met and reserves a public utility easement surface and subsurface for maintenance and reconstruction 10 feet in width for existing utilities from said vacation to the extent necessary to fulfill said condition "d" above. Section 2. The City Clerk is hereby directed to file a certified copy of this Ordinance with the Snohomish County Auditor contemporaneously with Deeds of Dedication with the current owners of the properties indicated in the Council's WSS52677O -2- Findings of Fact, upon acceptance of the same by the City Council. The Community Services Director or his designee is hereby instructed to amend the Comprehensive Street Plan to reflect the vacation and dedication. 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. APPROVED: A�FMJMRI."" Ahlwr-rw • - FM ems: ATTEST/AUTHENTICATED: ItITT CLERK, JACQUELINE G. PARRETT APPROVED AS TO FORM: OFFICE OF,THE CITY ATTORNEY: r BY �FILED WITH THE CITY CLERK: September 22, 1990 PASSED BY THE CITY COUNCIL: October 2, 1990 PUBLISHED: October 7, 1990 EFFECTIVE DATE: October 12, 1990 ORDINANCE NO. 2797 WSS52677O -3- EXHIBIT A 74th Place West Street Vacation Beginning at the Northeast corner of Lot 1, Block 58 Plat of Meadowdale Beach, as recorded in Volume 5 of Plats, Page 38, records of Snohomish County, Washington, the true point of beginning, thence traveling easterly along the southern boundary of North Meadowdale Road a distance of 30 feet to the northwest corner of Lot 54 of said Plat, thence southerly along the west property line of Lots 54 through 57 of said Plat to the southwest corner of Lot 57, thence westerly 30 to the southeast corner of Lot 11, Block 58 of said Plat, thence northerly along the east property lines of Lots 1 through 11, Block 58 of said Plat to the true point of beginning. Affidavit of Publication STATE OF WASHINGTON, COUNTY OF SNOHOIVIISH, t>s The undersigned, being first duly sworn on oath deposes and says that she is Principal Clerk of THE HERALD, a daily newspaper SUMMARY OF ORDINANCE NO, 2797 printed and published in the City of Everett, County of Snohomish, of the City of Edmonds, Washington and State of Washington; that said newspaper is a newspaper of 7n Me 2nd day of OCtober, tamo„Cds passed Ord nonce general circulation in said County and State; that said newspaper 2797. A wrnmory of the slsf na Or the fi11C, proycil ldes has been approved as a legal newspaper by order of the Superior I°Ilows: E D'NANCe1NASF"r C" Court of Snohomish County and that the notice ........................................ CATihlG A PORTION O1='" . A77ED BUT "'UILT' Al OF 74TH ACE WEST LYING Summary of Ordinance No. 2797 17WEEN NORTH MEADOW ...................I...... .......... ... ..... I ....... ................... ................... .. The full 'I"'of this OrOftooce will be molied upon request. ...................... ...................................... ._..._....------------- ........ ................ ...................... DATED tills ?Ad day of October 1990. 1 City 11EL17E G. PARRETT JA Clerk _._.._. ...... .._....._............................................... .......... .............. :............. ».._.. ..._..__._....._.._.. EXHIBIT A 74th Place Wesf trtet Vacation a printed copy of which is hereunto attached, was published in said eg nn nq 131 Tile Northeost corner MeodowLot doleiock Beach newspaper proper and not in supplement form, in the regular and as recorded In Volume 5 of Pno Page ]8. retards of SnUhomish � County entire edition of said paper on the following days and times, namely: p P g Y Y: WoshIngtanI the true pain] of beglnnlnq, thence lravt InQ anster+v atohp the south• ern boundary at N°Ym Mdo cowtlolt Road o October 7, 1990 dlstonca of 30 feet fo the narihwesl corner of lot 54 ...................................................................................................................................... of sald Plot, tilenct south. erty along the west property, line of Lots 54 through 57 at soldPlot f° the southwest .......................................................... ............................... corner 6f La} 57, lhen[e Oferio3t1ck59l tLo1,Bloof and that said newspaper was regularly distributed to its subscribers ,sold Plot, thence nartherly along the through I during all of said period. 50 of sold Plot to the true .bent of beg InnIng.- Pub lisned: October 7, 1990. _ ,.,qI Principal Clerk Subscribed and sworn to before me this......... —...th day ofIN ...October � ...............•......... 1......... ....:.............blican an or the State of Washington, Everett, Snohomish County. 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