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Ordinance 31640006.190.059A WSS /gjz 11/03/97 11 /05 /97gjz ORDINANCE NO. 3164 AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, VACATING A PORTION OF THE RIGHT -OF- WAY OF EDMONDS STREET BETWEEN 5TH AVENUE NORTH AND 6TH AVENUE NORTH AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. WHEREAS, the City Council received the application of the City of Edmonds to vacate a portion of Edmonds Street right -of -way between 5th Avenue North and 6th Avenue North, located in the City of Edmonds, Washington, and WHEREAS, following a resolution of the notice of intent to vacate in the public hearing, the City Council determines it to be in the public interest to vacate the property, and WHEREAS, the City Council finds that the public benefit to be derived from the vacation of the property in order to facilitate construction of a new public safety complex, creates a public interest outweighing the necessity to require compensation from the City to the City, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. The City Council hereby finds that that certain right -of -way known as Edmonds Street, located between 5th Avenue North and 6th Avenue North, in Edmonds, Washington, legally attached on the attached Exhibit A, incorporated herein by this reference as if set forth in full, is surplus to the needs of the City as street right -of -way and shall be 177946 -1- vacated. This finding of vacation is based upon facts presented at the public hearing before the Edmonds City Council on October 21, 1997. Due to the public benefit to be derived, the applicant City of Edmonds is not required to make payment to itself for vacation of the right -of- W. I Section 2. The City Clerk is hereby directed to file a copy of this ordinance in the land records of Snohomish County. Section 3. 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. FAHE ATTEST /AUTHENTICATED : CITY CLERK, SANDRA S. CHASE APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: BY FILED WITH THE CITY CLE November 14, 1997 PASSED BY THE CITY COUNCIL: November 18, 1997 PUBLISHED: November 23, 1997 EFFECTIVE DATE: November 28, 1997 ORDINANCE NO. 3164 177946 -2- EXHIBIT 11 /� fi EXHIBIT "A " d'1 LEGAL DESCRIPTION FOR A PORTION OF EDMONDS STREET TO BE VACATED That portion of the right -of -way of Edmonds Street lying between 5th Ave N and 6th Ave N. in the City of Edmonds, situate in the County of Snohomish, State of Washington, more particularly described as follows: Beginning at the Southeast corner of lot 8, Block "G ", the City of Edmonds, according to the Plat thereof recorded in Vol. 2 of Plats, page 39, records of Snohomish County, Washington; thence due West along the Northerly right -of -way margin of Edmonds Street a distance of 100.22 feet, thence N609 52'1 5"W along said' Northerly right -of -way margin 22.64 feet, thence 5299 07'45"W a distance of 60 feet to the Southerly right -of- way margin of Edmonds St., thence S60'52' 15'T along said Southerly margin to its intersection with the Westerly right -of -way margin of 6th Ave N, thence due North along the Westerly prolongation of said Westerly margin to the point of beginning. SUMMARY OF ORDINANCE NO. 1164 of the City of Edmonds, Washington On the 18th day of Noverber , 1997 , the City Council of the City of Edmonds, passed Ordinance No. 3164 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 RIGHT -OF -WAY OF EDMONDS STREET BETWEEN 5TH AVENUE NORTH AND 6TH AVENUE NORTH AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. The full text of this Ordinance will be mailed upon request. DATED this 20th day of November , 199 7 . CLERK, SANDRA S. CHASE BECOME EFFECTIVE. Summary of Ordinance No. 3164 The' full text 'of this Ordi• nance will be mailed upon request. DATED this 20th day of November 1997. § NDRA.S. CHASE .....................................:................................................................. ............................... a . e•of- e e beyy ESh SadttwontAveNnY6g .................................................... .............................................. ............................... a printed copy of which is hereunto attached, was published in said Ave N. In the City of Ed. t� Em.ccie Affidavit of Publication mo ods, situate In t un . of Snohortlsh, State otyf i>e` >u kit+�2.1. � ✓s.3 X46' a ��,.. ".x� :ia STATE OF WASHINGTON, entire edition of said paper on the following days and times, namely: COUNTY OF SNOHOD&ISH, ss ods2of sn aonbms; County, The undersigned, being first duly sworn on oath deposes and says SUMMARY OF. ORDINANCE NO. 3164 of .the City, of that she is Principal Clerk of THE HERALD, a daily newspaper n the 1 Washington 8th doNoem- ber, 1997,. the -City Council of printed and published in the City of -Everett, County of Snohomish, the City of Edmonds, passed Ordinance No...3164: A :sum- mary'of the content-61 .said and State of Washington; that said is a newspaper of newspaper er P P news a P P ordinance, consisting of. the dtl'e, provides as follows: AN :ORDINANCE ` C general circulation in said County and State; that said newspaper THE INIGTONF VACATIING�A PoR- has been approved as a legal newspaper by order of the Superior TION OF THE RIGHT-OF- WAY- OF:EDMONDSSTREET BETWEEN .6TH :AVENUE Court of Snohomish County and that the notice ......... ............................... BECOME EFFECTIVE. Summary of Ordinance No. 3164 The' full text 'of this Ordi• nance will be mailed upon request. DATED this 20th day of November 1997. § NDRA.S. CHASE .....................................:................................................................. ............................... a . e•of- e e beyy ESh SadttwontAveNnY6g .................................................... .............................................. ............................... a printed copy of which is hereunto attached, was published in said Ave N. In the City of Ed. mo ods, situate In t un . of Snohortlsh, State otyf newspaper proper and not in supplement form, in the regular and Washington, more particularly desoribea , at the Southeast follows: Begi nning "G "; entire edition of said paper on the following days and times, namely: corner of lot 8, Block the City o1 Edmonds according to the Plat thereof recorded in ods2of sn aonbms; County, November 23' 1997 Washington• thence due West along the Northerly _ right -of- ........ .......................... .................................................................................................... wayymarggin 22 ...feel, fNence ....................................................................................................... ..•--.......................... feet to the S a distance of f- and that said newspaper was re regularly distributed to its subscribers feet to Joe Southerly riy ht-of- g Y way margin of Edmonds St., ,hence S60 °52'1 5 "E along during all of said period. said Southerly mar in to it in- �•'�� tersectlon with the Westerly right-of-wag margin of 6th Ave N iheence due North along he s 9 9 N/esterty prolongation ofgsaid. (P., -- �F a Westerly margin to .the point .................. f... ......;.. .4- :...... a = �....f_.f....1 ... ?::.:................... of be inninga Principal Clerk Published: November23, 1997. Subscribed and sworn to before me this....... 4th B -2 -1 Nov tuber Af Notary Public in and for the residing at Everett, Snoho4 199.7.... I.................... of Washington, v ooTARk tAJ► pUeL��' d OF WAS ~�