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Ordinance 30980006.90000 PAO /gjz 06/28/96 R:06/28/96gjz R:07 /02 /96gjz ORDINANCE NO. 3098 AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, VACATING A PORTION OF THE EAST SIDE OF 80TH AVENUE W. NORTH OF 196TH STREET SW, RESERVING A PEDESTRIAN EASEMENT, EXCEPTING DEDICATION, AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. WHEREAS, the City is in receipt of an application from Kenneth Johnson for the vacation of the east five feet of 80th Avenue W. for approximately 85 feet north of 196th Street SW, Washington, and WHEREAS, in consideration of said vacation Johnson is dedicating 182 square feet to the City of Edmonds, and WHEREAS, the City Council determines that it is in the public interest to reserve a pedestrian easement over the vacated roadway, and WHEREAS, the City Council held a public hearing on the proposed dedication on February 20, 1996, and WHEREAS, the action of vacating a street or roadway is a categorical exemption per WAC 197- 11- 800(h) and therefore is not subject to SEPA rules and determinations, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS WASHINGTON, DO ORDAIN AS FOLLOWS: 116973.10 -1- Section 1. The following described portion of right-of-way is hereby vacated, subject to reservation of a pedestrian easement over the hereinafter described property. Said right -of -way to be vacated is located within the City of Edmonds, Washington, and is described on Exhibit A, attached hereto and incorporated herein by this reference as if set forth in full. Section 2. This vacation is contingent upon the dedication to the City of Edmonds of the property described in Exhibit B, attached hereto and incorporated herein by this reference as if set forth in full. The City Council hereby accepts dedication by quit claim deed of said property and authorizes the City Clerk to record said quit claim deed in the land records of Snohomish County. Section 3. Severability. If any section, sentence, clause or phrase of this ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this ordinance. Section 4.. Effective Date. This ordinance, being an exercise of 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 which is approved by the City Council. DATED this 2nd day of Jul y , 1996. APPROVED: ct� a-- MAYOR, BARBARA S. FAHEY 116973.10 -2- ATTEST /AUTHENTICATED: CITY CLERK, S NDRA S. CHASE APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: BY FILED WITH THE CITY RK: 06/28/96 PASSED BY THE CITY COUNCIL: 07/02/96 PUBLISHED: 07/07i/96 EFFECTIVE DATE: 07/12/96 ORDINANCE NO. 116973.10 -3- EXHIBIT 40, Oft AVG. W. MatiOn to Ken Johnson The Nora 85.16 feet of the Snuth 1 56.00 fort of thO Eaot 1DO feet or zhe West 30.00 feet of the SoUthwaet one-quarter of the SotrMaaet one - quarter of the Southeast oti"uarter of Secuon 18, Township 27 NWh, Range 4 East, W.M. being the easterly 5.00 fist of 80th Ave. W. right -hf -way lying wastorly and aijacamt to the north 66,10 ft et gf Lot 7, Lawrence Addition, as accorded in VOIUMe 18 of Flats. Page 92, records of SnOhamlSh County. Washkvton, n *SG4�d1�aPoe cow EXHIBIT 50, 80tH Ave. W. dedi6agon from Ksn Johnoon That portion of Lot r, Lawrence AddMon, as recorded In Valme 99 of Plats, Pane 92, records of Snohomish County, Washington; lying s*uthody &-d westerly of the following described fine: Commencing at the nadhwest comer said lot; thenca south 00 4V 641 Wc9t, along-the west line of said lot a distance of 85.96 feat to a paint of tangency of a curve to the left and ft point of beginnhg of the line describing herein; thence solithOastedy along said curve hiving a ceding of 40.00 feet and c:onsurr;ing a central angle of 1390 46126' fore diMance of 82.87 tV. to a point of tangency on tha south line of cold lot that Has 40.76 teat weeterty of the southeast corner of said Iof and the terminus of described line. ,as � e v5V Vi c SUMMARY OF ORDINANCE NO. 3098 of the City of Edmonds, Washington On the 2nd day of July , 199 6 , -the City Council of the City of Edmonds, passed Ordinance No. 3098. A summary of the content of said ordinance, consisting of the title, provides as follows: AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, VACATING A PORTION .OF THE EAST SIDE OF 80TH AVENUE W. NORTH OF 196TH STREET SW, RESERVING A PEDESTRIAN EASEMENT, EXCEPTING DEDICATION, AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. The full text of this Ordinance will be mailed upon request. DATED this 3rd day of July , 1996 P �"t . a. eZ,4.c� "CITY CLERK, SANDRA S. CHASE Filed with City Clerk: 6 'Z ? "% Adopted by Reference Ordinance # JOY9 on 197 -11 -797 Title 197 WAC: Environmental Policy, Council on J,r na e,, City Clerk is required for a proposal that is not categorically exempt (WAC 197 -11 -310 and 197 -11 -330 (1)(b)). [Statutory Authority: RCW 43.21C.110. 84 -05 -020 (Order DE 83 -39), § 197 -11 -797, filed 2/10/84, effective 4/4/84.] WAC 197 -11 -799 Underlying governmental action. "Underlying government action" means the governmental i action, such as zoning or permit approvals, that is the subject of SEPA compliance. [Statutory Authority: RCW 43.21C.1 10. 84 -05 -020 (Order DE 83 -39), § 197 -11 -799, filed 2/10/84, effective 4/4/84.] PART NINE - CATEGORICAL EXEMPTIONS i �WtAG97 11;80 Categorical exemptions. The proposed actions contained in Part Nine are categorically exempt from threshold determination and EIS requirements, subject to the rules and limitations on categorical exemptions contained in WAC 197 -11 -305. (1) Minor new construction — Flexible thresholds. (a) The exemptions in this subsection apply to all licenses required to undertake the construction in question, except when a rezone or any license governing emissions to the air or discharges to water is required. To be exempt under this subsection, the project must be equal to or smaller than the exempt level. For a specific proposal, the exempt level in (b) of this subsection shall control, unless the city/ county in which the project is located establishes an exempt level under (c) of this subsection. If the proposal is located in more than one city /county, the lower of the agencies' adopted levels shall control, regardless of which agency is j the lead agency. (b) The following types of construction shall be exempt, except when undertaken wholly or partly on lands covered by water: (i) The construction or location of any residential structures of four dwelling units. ; (ii) The construction of a barn, loafing shed, farm equipment storage building, produce storage or packing structure, or similar agricultural structure, covering 10,000 square feet, and to be used only by the property owner or his or her agent in the conduct of farming the property. This exemption shall not apply to feed lots. (iii) The construction of an office, school, commercial, recreational, service or storage building with 4,000 square feet of gross floor area, and with associated parking facilities designed for twenty automobiles. (iv) The construction of a parking lot designed for twenty automobiles. (v) Any landfill or excavation of 100 cubic yards throughout the total lifetime of the fill or excavation; and any fill or excavation classified as a Class I, II, or Ill forest practice under RCW 76.09.050 or regulations thereunder. (c) Cities, towns or counties may raise the exempt levels to-the maximum specified below by implementing ordinance or resolution. Such levels shall be specified in the agency's SEPA procedures (WAC 197 -11 -904) and sent to the department of ecology. A newly established exempt level shall be supported by local conditions, including zoning or other land use plans or regulations. An agency may adopt a system of several exempt levels (such as different levels for different geographic areas). The maximum exempt t for the exemptions in (1)(b) of this section shall be, res .. lively: (i) 20 dwelling units. (ii) 30,000 square feet. (iii) 12,000 square feet; 40 automobiles. (iv) 40 automobiles. (v) 500 cubic yards. (2) Other minor new construction. The follow types of construction shall be exempt except where unde en wholly or in part on lands covered by water (unle specifically exempted in this subsection); the exempti. provided by this section shall apply to all licenses requir', to undertake the construction in question, except where:' rezone or any license governing emissions to the air or discharges to water is required: (a) The construction or designation of bus stops, loading zones, shelters, access facilities and pull -out lanes for taxicabs, transit and school vehicles. (b) The construction and/or installation of commercial on- premise signs, and public signs and signals. (c) The construction or installation of minor road and street improvements such as pavement marking, freeway surveillance and control systems, railroad protective devices (not including grade - separated crossings), grooving, glare screen, safety barriers, energy attenuators, transportation corridor landscaping (including the application of Washing- ton state department of agriculture approved herbicides by licensed personnel for right of way weed control as long as this is not within watersheds controlled for the purpose of drinking water quality in accordance with WAC 248 -54- 660), temporary traffic controls and detours, correction of substandard curves and intersections within existing rights of way, widening of a highway by less than a single lane width where capacity is not significantly increased and no new right of way is required, adding auxiliary lanes for localized purposes, (weaving, climbing, speed change, etc.), where capacity is not significantly increased and no new right of way is required, channelization and elimination of sight restrictions at intersections, street lighting, guard rails and barricade installation, installation of catch basins and culverts, and reconstruction of existing roadbed (existing curb -to -curb in urban locations), including adding or widen- ing of shoulders, addition of bicycle lanes, paths and facilities, and pedestrian walks and paths, but not including additional automobile lanes. (d) Grading, excavating, filling, septic tank installations, and landscaping necessary for any building or facility exempted by subsections (1) and (2) of this section, as well as fencing and the construction of small structures and minor facilities accessory thereto. (e) Additions or modifications to or replacement of any building or facility exempted by subsections (1) and (2) of this section when such addition, modification or replacement will not change the character of the building or facility in a way that would remove it from an exempt class. (f) The demolition of any structure or facility, the construction of which would be exempted by subsections (1) and (2) of this section, except for structures or facilities with recognized historical significance. (g) The installation of impervious underground tanks, having a capacity of 10,000 gallons or less. [Title 197 WAC —page 34] (1995 Ed.) ,i SEPA Rules ;.(h) The vacation of streets or roads. The installation of hydrological measuring devices, regardless of whether or not on lands covered by water. (j) The installation of any property, boundary or survey niacker, other than fences, regardless of whether or not on lands covered by water. ,fq3) Repair, remodeling and maintenance activities. The following activities shall be categorically exempt except: The repair, remodeling, maintenance, or minor alteration of existing private or public structures, facilities or equipment, including utilities, involving no material expansions or changes in use beyond that previously existing; except that, where undertaken wholly or in`part on lands covered by water, only minor repair or replacement of structures may be exempt (examples include repair or replacement of piling, ramps, floats, or mooring buoys, or minor repair, alteration, or maintenance of docks). The following maintenance activities shall not be considered exempt under this subsec- tion: (a) Dredging; (b) Reconstruction /maintenance of groins and similar shoreline protection structures; or (c) Replacement of utility cables that must be buried under the surface of the bedlands. Repair /rebuilding of major dams, dikes, and reservoirs shall also not be consid- ered exempt under this subsection. (4) Water rights. The following appropriations of water shall be exempt, the exemption covering not only the permit to appropriate water, but also any hydraulics permit, shoreline permit or building permit required for a normal diversion or intake structure, well and pumphouse reasonably necessary to accomplish the exempted appropriation, and including any activities relating to construction of a distribu- tion system solely for any exempted appropriation: (a) Appropriations of fifty cubic feet per second or less of surface water for irrigation purposes, when done without a government subsidy. (b) Appropriations of one cubic foot per second or less of surface water, or of 2,250 gallons per minute or less of ground water, for any purpose. (5) Purchase or sale of real property. The following real property transactions by an agency shall be exempt: (a) The purchase or acquisition of any right to real property. (b) The sale, transfer or exchange of any publicly owned real property, but only if the property is not .subject to an authorized public use. (c) The lease of real property when the use of the property for the term of the lease will remain essentially the same as the existing use, or when the use under the lease is otherwise exempted by this chapter. (6) Minor land use decisions. The following land use decisions shall be exempt: (a) Except upon lands covered by water, the approval of short plats or short subdivisions pursuant to the procedures required by RCW 58.17.060, but not including further short subdivisions or short platting within a plat or subdivision Previously exempted under this subsection. (b) Granting of variances based on special circumstanc- es, not including economic hardship, applicable to the subject property, such as size, shape, topography, location or (1995 Ed.) 197 -11 -800 surroundings and not resulting in any change in land use or density. (c) Classifications of land for current use taxation under chapter 84.34 RCW, and classification and grading of forest land under chapter 84.33 RCW. (7) School closures. The adoption and implementation of a plan, program, or decision for the closure of a school or schools shall be exempt. Demolition, physical modification or change of a facility from a school use shall not be exempt under this subsection. (8) Open burning. Opening burning and the issuance of any license for open burning shall be exempt. The adoption of plans, programs, objectives or regulations by any agency incorporating general standards respecting open burning shall not be exempt. (9) Variances under Clean Air Act. The granting of variances under RCW 70.94.181 extending applicable air pollution control requirements for one year or less shall be exempt. (10) Water quality certifications. The granting or denial of water quality certifications under the Federal Clean Water Act (Federal Water Pollution Control Act amendments of 1972, 33 U.S.C. 1341) shall be exempt. (11) Activities of the state legislature. All actions of the state legislature are exempted. This subsection does not exempt the proposing of legislation by an agency (WAC 197 -11 -704). (12) Judicial activity. The following shall be exempt: (a) All adjudicatory actions of the judicial branch. (b) Any quasi - judicial action of any agency if such action consists of the review of a prior administrative or legislative decision. Decisions resulting from contested cases or other hearing processes conducted prior to the first decision on a proposal or upon any application for a rezone, conditional use permit or other similar permit not otherwise exempted by this chapter, are not exempted by this subsec- tion. (13) Enforcement and inspections. The following enforcement and inspection activities shall be exempt: (a) All actions, including administrative orders and penalties, undertaken to enforce a statute, regulation, ordi- nance, resolution or prior decision. No license shall be considered exempt by virtue of this subsection; nor shall the adoption of any ordinance, regulation or resolution be considered exempt by virtue of this subsection. (b) All inspections conducted by an agency of either private or public property for any purpose. (c) All activities of fire departments and law enforce- ment agencies except physical construction activity. (d) Any action undertaken by an agency to abate a nuisance or to abate, remove or otherwise cure any hazard to public health or safety. The application of pesticides and chemicals is not exempted by this subsection but may be exempted elsewhere in these guidelines. No license or adoption of any ordinance, regulation or resolution shall be considered exempt by virtue of this subsection. (e) Any suspension or revocation of a license for any purpose. (14) Business and other regulatory licenses. The following business and other regulatory licenses are exempt: (a) All licenses to undertake an occupation, trade or profession. [Title 197 WAC —page 351 RECEIVED J U L 1 1 1996 Affidavit of Publication EDMONDS CITY CLERK STATE OF WASHINGTON, COUNTY OF SNOHOD61ISH, ss . - SUMMARY "00 - -- ORDINANCE NO. 3098 ' of the City of Edmonds, Washington the 2nd day 1996 96 JOIy, the City Council of the The undersigned, being first duly sworn on oath deposes and says City o f Edmonds, passed Or- dinance No. 3098. A summary that she is Principal Clerk of THE HERALD, a daily newspaper of the content of said ordi- nance. Prroides as follows: the title, printed and published in the City of Everett, County of Snohomish, AN ORDINANCE OF THE CITY OF EA VACATING POR- tNGTON VACATING A POR- and State of Washington; that said newspaper is a newspaper of TION 00 THE EAST SIDE OF 80TH AVENUE W. NORTH OF 196TH STREET SW, RE- general circulation in said County and State; that said newspaper SERVING EASEMENT,A PEXCEPTING has been approved as a legal newspaper by order of the Superior DEDICATION. AND IXISAME SHALL BECOME EFFECTIVE. Court of Snohomish County and that the notice ......... ............................... The full text of this Ordi- nance will be mailed upon re uest. DATED this 3rd day of July, Summary of Ordinance No. 3098 1996. ...............• ............... ....................................... . SANDRA S. CHASE City Clerk Published: July 7, 1996. -°-• ....................................................................... ................. ...... °- °----° ............. -----• ............................ ............•-------•------- °-° °----°-°-°--°--•----------°------......----°---°......°- 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: July 7, 1996 ............................. ........................................................................................................ d t said newspaper was re \ distributed ibuted to its subscribers duri g all of said period. \l .............................. Principal Clerk Subscribed and sworn to before me this ........... 8�h........ day of.......... July ............ . ASnoho ............ ... ..... .. . .. Notary Public in ant of Washington, residing at Everett, ounty. 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