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Ordinance 32000006.190A.059 WSS /nkr 03/26/98 R:04 /01 /98gjz ORDINANCE NO. 3200 AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, VACATING A PORTION OF THE PLATTED BUT UNBUILT RIGHT -OF -WAY OF THE WESTERLY 20 FEET OF 72ND AVENUE WEST FROM THE SOUTH BOUNDARY OF THE SITIO PLAT TO MEADOWDALE BEACH ROAD FOR A DISTANCE OF APPROXIMATELY SEVEN HUNDRED FIVE (705) FEET, LOCATED IN THE CITY OF EDMONDS, RESERVING UTILITY EASEMENTS, SURFACE AND SUB - SURFACE, AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. WHEREAS, the City Council initiated by Resolution No. 904 the vacation of that portion of the platted but unbuilt right -of -way of 72nd Avenue West from the south boundary of the Sitio plat to Meadowdale Beach Road for a distance of approximately seven hundred five (705) feet, and setting a public hearing date of March 17, 1998, and WHEREAS, following public hearing, the City Council has determined it to be in the public interest to vacate the westerly 20 feet of said right -of -way, reserving the easterly 20 feet for a pedestrian walkway, and WHEREAS, the City Council finds that a public benefit will be derived from the vacation of a portion of this easement in order to return it to the tax rolls, to relieve the City and its citizens of the obligation to maintain an easement which has no reasonable likelihood of development as a street and to better utilize the easement for drainage easements and future 192313 -1- utility use and that utility easements, surface and sub - surface, should be reserved for that purpose, and WHEREAS, the City Council finds that such public purposes outweigh the need to require compensation to be paid therefore, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. The City Council hereby finds that certain platted but unbuilt right -of- way of the westerly 20 feet of 72nd Avenue West from the south boundary of the Sitio plat to Meadowdale Beach Road for a distance of approximately seven hundred five (705) feet in an area of the City of Edmonds, Washington, and legally described on the attached Exhibit A, incorporated 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 vacated. This finding of vacation is based upon facts presented at the public hearing before the Edmonds City Council on March 17, 1998. Due to the public benefit to be derived, no compensation shall be required for the vacation of the right -of -way. Title to the easterly 20 feet is maintained for potential future development as a pedestrian walkway. Section 2. Utility easements, surface and sub - surface across the vacated westerly 20 feet are hereby reserved to the City and its lawful franchisees, to be granted and reserved in accordance with law and ordinance. Section 3. The City Clerk is hereby directed to file a copy of this ordinance in the land records of Snohomish County. 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 192313 -2- five (5) days after passage and publication of an approved summary thereof consisting of the title. APPROVED: MAYOR, BARBARX S. FAH-E ATTEST /AUTHENTICATED : CITY CLERK, SANDRA S. CHASE APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: I: FILED WITH THE CITY CLERK: 04/03/98 PASSED BY THE CITY COUNCIL: 04/07/98 PUBLISHED: 04/23/98. EFFECTIVE DATE: 04/28/98` ORDINANCE NO. 3200 192313 -3- • EXHIBIT A All of the West 20 feet of 72 "d Avenue West lying between the Northerly right -of -way margin of Meadowdale Beach Road and the prolongation of the Southerly margin of the Sitio Plat as recorded in Vol. 5 of Plats, page 38, of the Plat of Meadowdale Beach, County of Snohomish, Wa. • ¢ 4.9 SUMMARY OF ORDINANCE NO. 3200 of the City of Edmonds, Washington On the 7th day of April , 199 8 , the City Council of the City of Edmonds, passed Ordinance No. 3200 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 PLATTED BUT UNBUILT RIGHT -OF -WAY OF THE WESTERLY 20 FEET OF 72ND AVENUE WEST FROM THE SOUTH BOUNDARY OF THE SITIO PLAT TO MEADOWDALE BEACH ROAD FOR A DISTANCE OF APPROXIMATELY SEVEN HUNDRED FIVE (705) FEET, LOCATED IN THE CITY OF EDMONDS, RESERVING UTILITY EASEMENTS, SURFACE AND SUB - SURFACE, AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. The full text of this Ordinance will be mailed upon request. DATED this 8th day of April , 199 8 CLERK, SANDRA S. CHASE STATE OF WASHINGTON, COUNTY OF SNOHOMISH, i ORDINANCE NO. 3200 1 of the City of l Edmonds, Washington I On the 7th day of April, 11998, the City Council of the City of Edmonds, ppassed IiOrdinance No. 3200. A sum - ry of the content of said kordinance, consistino of the the full text of this Ordi- nance will be mailed upon re AeTSE DATED this 81h day of April, 1998. SANDRA S. CHASE City Clerk EXHIBIT A All of the West 20 feet of 72nd Avenue West olying between the Northerly right- of-way margin of Meadowdale 1 Beach Rgoad and the 'prolongation of the Southerly .margin of the Sitio Plat as recorded in Vol. 5 of Plats ,recorded 38, of the Plat of MMea dowdale Beach. County of . Snohomish, Wa. :Published: April 23. 1998. I B -2 -1 I - Affidavit of Publication RECEIVED APR 2 9 1998 EDMONDS CITY CLERK 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 general circulation in said County and State; that said newspaper has been approved as a legal newspaper by order of the Superior Court of Snohomish County and that the notice ......... ............................... Summary of Ordinance No. 3200 ............................................... ............................... ......................... ...... .............. ...... 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: April 23, 1998 . ...................................................................................................... ............................... .................................. to its subscribers ............ .. ........ Principal Clerk Subscribed and sworn to before me this........ 3rd day.. .. .. ....... ... rl.......................... -- -- ...... 19.98... .............................. ...... Notary Public in an the State o ashi gton, residing at Everett, Snohomish Cou ty. f/e►A£ i �o UTIA NO0 WASz