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Ordinance 27997ac) 0006.190A.057 WSS/klt 09/21/90 R:09/25/90 ORDINANCE NO. 2799 AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, VACATING A THIRTY FOOT WIDE PORTION OF THE WESTERLY EDGE PLATTED BUT UNBUILT RIGHT-OF-WAY OF 75TH PLACE WEST, 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 the westerly portion of the right-of-way of 75th Place West lying south of the intersection of North Meadowdale Road as shown on Exhibit A; 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 WSS526780 -1- reserving the City and its franchisees a surface and subsurface utility easement, and easement for construction and maintenance of such reserved uses. Said right-of-way to be vacated is located within the City of Edmonds, Snohomish County, Washington, and is described as the westerly right-of-way of 75th Place West, lying south of its intersection with North Meadowdale Road, 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 the dedication to public use, of all property underlying the as constructed 75th Avenue West; grant of and reservation of a ten foot public utility and maintenance easement for all existing utilities; completion of a center line survey of 75th Place West for a 40 foot right-of-way between 164th Street S.W. and 156th Street S.W., dedication by Hawley-McCorkle of three lots of a contemporaneous approved rezone and subdivision for park and other purposes, and that all legal documents necessary to accomplish same be ready for acceptance contemporaneously with this vacation. Said property to be dedicated to public use is shown on attached Exhibit B, and by this reference is incorporated in herein as fully as if herein set forth. 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 from the current owners of the properties indicated in the Council's Findings of Fact, upon acceptance of the same by the City WSS52678O -2- 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: MAYOR, ERR)' J9. ATTEST/AUTHENTICATED: ,CITY LERK, JAC�UELINE G. PARRETT APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: BY VL FII►D WITH THE CITY CLERK: e tember 27, 1990 PASSED BY THE CITY COUNCIL: Ober 16, 1990 PUBLISHED: November 18, 1990 EFFECTIVE DATE: November 23, 1990 ORDINANCE NO. 2799 WSS526780 -3- EXHIBIT A Parcel A: Lots 1 to 10, inclusive, Block 59, Meadowdale Beach, as per plat recorded in Volume 5 of Plats, page 38, records of Snohomish County, Washington; EXCEPT the Easterly 40 feet of said Lots 1 thru 10 as measured at right angles to the Easterly boundaries thereof; ALSO EXCEPT that portion of lots 9 and 10 appropriated by Snohomish County for Public Highway by decree of appropriation entered in Snohomish County Superior Court Cause No. 37516; ALSO EXCEPT that portion of Lot 10, Block 59, Meadowdale Beach, as per plat recorded in Volume 5 of Plats, page 38, records of Snohomish County, Washington, described as follows: Beginning at a point on the South line of Lot 10 South 89 46116" West, a distance 41.33 feet from the Southeast corner of said lot 10, Thence continuing South 89 46116" West along said South line 30 feet Thence to a point on the Westerly margin of said South line 30 feet Thence to a point on the Westerly margin of said Easterly 40 feet lying North 14 21116" East a distance 30 feet from true point of beginning: Thence South 14 21116" West 30 feet to true point of beginning; TOGETHER WITH that portion of vacated street, as vacated by Edmonds City ordinance #2073, which upon vacation attached to said property by operation of law. All situate in the county of Snohomish, State of Washington. � 6 Exhibit' s V (� j� G7 -1 l r 7 a VICINITY MAP ST-3-89 l�, z 35� ' a 60 1140 iia 10 10 i— `a 2 :)4 3 4 2 3 �5 3 4 5 5 6 1r 4 5 - - 59 58 7 (� 5 6 8 � 6 7 56 7 8 X $ 9 S7 Q 162 N D ST S_W. 66 (A) S1 2 2 Q gl S-6'[-78 • 3 3 4 ! 4 5 f� 5 5 l 53 52 4 r` ma 60 3 mN 67 opened Street Right -of -Way to be Vacated u PREVIOUS RIGHT-OF-WAY MAPS Ord.No Ref.0-q. y-)-)1+-) Affidavit of Publication STATE OF WASHINGTON, ss COUNTY OF SNOHOD&ISH, — 3UMWAffV_OF__ The undersigned, being first duly sworn on oath deposes and says ORDINANCE NO, 2709 nl the Clfv of that she is Principal Clerk of THE HERALD, a daily newspaper Edmonds, W¢shhylfan oil l"Ir lty day of October'. ity printed and published in the City of Everett Count of Snohomish of 4E'dinurMs p %s all dlnanice p p Y Y No. 2194.. A summary at rile and State of Washington; that said newspaper is a newspaper of tonfent of sold ordinance. coosistinq of the iloo, provides a8.follews: general circulation in said County and State; that said newspaper AN ORDINANCE OF THE CITY OF EDMONDS. WASHINGTON VACATING A THIRTY FOOT has been approved as a legal newspaper by order of the Superior WIDE PORTION OF THE wESflUr UN UI EDGE PLATTED Court of Snohomish Count and that the notice ........................................ BifT LlNBiJiL7 RIGHT-OF-WAY Y OF 7STH PLACE WEST AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFEC• TIVE. Summary.-of._Ordinance No. 2799 The full text of this Ordinance .._......... - -------------••.•......•........... wilt be mailed opal) reauest DATED flits 30fh day at OCIDber 1990 JA�ouKINE G. PARRETT cityClerk ......,..«....»«.._» ........... .......... ......................... ........ ............... ........... . ... EXHIBIT A PARCEL A: Lots 1 to 10, Inclusive, Block S9, meo[fowdole BeDCh, a5 {{sseer plat recordpned fit Valume............................. 6.................... ..................................... .......................................... ... of Snollopr'ra+I51138'Counfvs a printed coy of which is hereunto attached was Washin�7tpn. p p , published in said tee, op.sald�Lotsuirlhvou411 newspaper proper and not in supplement form, in the regular and lg us !1r^0. red .at rig it pnples to the Easter) entire edition of said paper on the following days and times, namely: boundor'les }hOrCoh ALSO EXCEPT tlr[+t portloll of lots 9 and 10 oparaprIc d by Snalipmislr Cuu!lty for Public Hipliway by decree of apgroprlatlan entered In November 1.8 = 1990 Snohomish Counly Su erior ............ •.....................:..............:..:.................._:.......... ......................... . tour ALSO ExCEpT IN& Portion of Let 10, Block 59, Meadow- dale 8eoch, as per plot recordedin Volume 5 of i ................... ................. ......,........ ....... ............ ............................. ........ .................. .------ PIa1s, pope 38, records of Sn tti nmishgton, descrCounty, and that said newspaper was regularly distributed to its subscribers as follows: Beglonln0 at a pains an the during all of said period. South Ifne of L.Ot 10 South fig 46'I6" West, a distance A1.33 feet from the 5outheost _ corner of sold lot 10 �' • �'., f % / r .. f. `� Thence Continuing Saud+ 89 - 46t6'• Wdst along said South Principal Clerk line 30 feet p 7henco f0 d point ors the Westerly margin of Sold South One 30 feet 19 t h Thence to a point an tole Subscribed and sworn to before me this ... ....... :..:.............. Westerly m¢rppin pl sold Easferty 40 V lvintl North 14 21'16" Ca5f d distance 30 feet From true point of TI10nCo , day of......_. �...... Novemb ....... 90 begl+ce S�Dtdh 14 2t'16" west ---...., 19...._._.. 30 feet to true Point of begtnninpp� - TOGETlieR WITH that portion of v¢cafed street as ....d::�' .....� 1 'ordlnonCey -92073. wtrleh N t ry Publi in a d for the State of Washington, said property by ooperation ing at Everett, Snohomish County. of tow. All silaofc in the county of Snohomish. State of WoyhlnptDn. PUDIIShad: November 18, 1"0' B-2-1