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Ordinance 31110006.191.001 PAO /gjz 09/12/96 ORDINANCE NO. 3111 AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, CORRECTING SCRIVENER'S ERRORS IN THE LEGAL DESCRIPTION PUBLISHED IN CONJUNCTION WITH ORDINANCE NO. 3098, WHICH VACATED THE EAST FIVE FEET OF 80TH AVENUE WEST FOR APPROXIMATELY 85 FEET NORTH OF 196TH STREET S.W., AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. WHEREAS, the Edmonds City Council approved the vacation of the east five feet of 80th Avenue West for approximately 85 feet -north of 196th. Street S.W., Edmonds, Washington; and WHEREAS, the legal descriptions for property subject to the dedication and ,accompanying property subject to a dedication contained a minor error in which slightly more property was vacated, than intended and understood by the City Council and the street vacation applicant and slightly less property was dedicated to the City than was intended and understood by the City Council and the street vacation applicant; and WHEREAS, the City Council finds it appropriate to correct said scrivener's errors and republish the appropriate legal description to the end that the street vacation will be corrected, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: 142M.10 -1= Section 1. Ordinance No. 3098, Exhibit A,. is hereby amended to read as shown on Exhibit A to this document. Ordinance No. 3098, Exhibit B, is hereby amended to read as shown on Exhibit B to this :document. These changes correct scrivener's errors in order to conform the boundaries of the vacation and dedication to the intent and understanding of the street vacation applicant and the City Council. Section 2. The City Council is hereby directed and authorized to publish a corrected Exhibit A and B and to attach a copy of this ordinance and the corrected Exhibit to Ordinance No. 3098 so that the public may be fully informed of the precise vacation and ,dedication boundaries. 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 a power specifi- cally delegated to the City legislative body, is not subject to referendum, and shall take effect five (5) days after passage and ;publication of an approved summary thereof consisting of the title. APPROVED: MAYOR, BARBARA S.. FAHEY/---, 142598.10 -2' ATTEST /AUTHENTICATED: APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: M. FILED WITH THE CITY CLERK: 09/13/96 PASSED BY THE CITY COUNCIL: 09/16/96 PUBLISHED: )09/26/96 EFFECTIVE DATE: 10/01_/96 ORDINANCE NO. 3111 142M.10 -3- LEGAL DESCRIPTION (revised on September 90, 9996) 80th Ave. W. vacation to Ken Johnson That portion of the South 155.00 feet of the East 5.00 feet of the West 30.00 feet of the Southwest one - quarter of the Southeast one - quarter of the Southeast one - quarter of Section 18, Township 27 North, Range 4 East, W.M. lying northerly of the following described line; Commencing at a point 5.00 perpendicular feet west of the northwest corner,of Lot 7, Lawrence Addition, as recorded in Volume 19 of Plats, Page 92, records of Snohomish County, Washington; thence South 00 45'50" West, parallel with the west line of said lot a distance of 85.14 feet to a point of tangency of a curve to the left and the point of beginning of the line describing herein; thence southeasterly along said curve having a radius of 40.00 feet and consuming a central angle of 890 46' 26" fora distance of 62.67 feet to a point of tangency on the south .line of said lot that lies 51.73 feet westerly of the southeast corner of said lot and the terminus of described line; being a portion of the easterly 5.00 feet of 80th Ave. W. right -of -way lying westerly and adjacent to Lot 7, Lawrence Addition, as recorded in Volume 19 of Plats, Page 92, records of Snohomish County, Washington. EXHIBIT A ROW80TH.DOC LEGAL DESCRIPTION (revised on September 10, 1996) 80th Ave. W. dedication from Ken Johnson That portion of Lot 7, Lawrence Addition, as recorded in Volume 19 of Plats, Page 92, records of Snohomish County, Washington; lying southerly and westerly of the following described line: Commencing at a point 5.00 perpendicular feet west of the northwest corner said lot; thence South 00 45' 50" West, parallel with the west line of said lot a distance of 85.14 feet to a point of tangency of a curve to the left and the point of beginning of the line describing herein; thence southeasterly along said curve having a radius of 40.00 feet and consuming a central angle of 890 46' 26" for a distance of 62.67 feet to a point of tangency on the south line of said lot that lies 51.73 feet westerly of the southeast corner of said lot and the terminus of described line. EXHIBIT B ROW80TH.DOC SUMMARY OF ORDINANCE NO.. _ 3111 of the City of Edmonds, Washington On the 16th day of September , 1996, the City Council of the City of Edmonds, passed Ordinance No. 3111 A summary of the content of said ordinance, consisting of the title, provides as follows: AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, CORRECTING SCRIVENER'S ERRORS IN THE LEGAL DESCRIPTION PUBLISHED IN CONJUNCTION WITH ORDINANCE NO. 3098, WHICH VACATED THE EAST FIVE FEET OF 80TH AVENUE WEST FOR APPROXIMATELY 85 FEET NORTH OF 196TH STREET S.W., AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. The full text of this Ordinance will be mailed upon request. DATED this 18th day of September , 199 6 . CITY CLERK, SANDRA S. CHASE RECEIVED Affidavit of Publication OCT - 2 1996 EDMONDS CITY CLERK STATE OF WASHINGTON, ss COUNTY OF SNOHOArLISH; 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 SUMMARY OF ORDINANCE NO. 3111 general circulation in said County and State; that said newspaper of the City of Edmonds, Washington On the 16th day of September, 1996, the City Council of the has been approved as a legal newspaper by order of the Superior City of Edmonds, passed Ordinance No. 3111. A summary of asefcontsnt of said ordinance, consisting of the title, provides Court of Snohomish-County and that the notice ........................................ IAN ORDINANCE OF THE CITY OF EDMONDS. WASHINGTON, ,CORRECTING SCRIVENER'S ERRORS IN THE LEGAL NI U E IE"IVOEANCENO 3098 PUBLISHED CH VACATED CONJUNCTION HASTFEFET Summary Of Ordinance No. 3111 OF BOTH AVENUI WEST FOR APPRnWIMATFIY A5 FFFT ............................. 1......................................................................... ............................... PI (revised on September 16, 1996) L TH TH s -2 -1 9 ....................................................................................................... ............................... 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 26, 1996 ........................ **"* ........... *­ ........ ­ -------- *"*-*,*******"* ... ** ... * d It t said newspaper was regularly di ted to its subscribers d all of said period. .!V/ 1\ / Principal Clerk Subscribed and sworn to before me this ................26th day o ..... ....September tC .... 6 ..... . ........... ............. otary Public in and for Washington, residing at Everett, Snohty. ow �, lA- %40TAR)V,> �j► 5 -19 -9OB, WAS