Ordinance 32080006.190A.059
WSS /nkr
03/26/98
R:04 /01 /98gjz
ORDINANCE NO. 3208
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, VACATING A PORTION OF THE PLATTED
BUT UNBUILT RIGHT -OF -WAY OF 172ND STREET
SOUTHWEST FROM 235 FEET WEST OF 74TH AVENUE
WEST TO 76TH AVENUE WEST, 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. 915 the vacation of that
portion of the platted but unbuilt right -of -way of 172nd Street Southwest from 235 feet West of
74th Avenue West to 76th Avenue West, 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 said right -of -way, 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 of
the obligation to maintain right -of -way which has no reasonable likelihood of being developed
as a street and to better utilize the easement for drainage easements and future utility use and
that utility easements, surface and sub- surface, should be reserved for that purpose, and
WHEREAS, the City Council takes legislative notice that the right -of -way to be
vacated is designated as a critical area and a portion is classified as environmentally sensitive
192323 -1-
and that permitting review is required prior to the erection of any structure and for the removal
of vegetation and that prompt restoration of the site is advised following any utility construction,
and
WHEREAS, the City Council finds that such public benefit outweighs the need
for requiring 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 a portion of 172nd Street Southwest from 235 feet West of 74th Avenue West to 76th
Avenue West, in 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 of 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.
Section 2. Utility easements, surface and sub - surface across the vacated easement
are hereby reserved to the City and its lawful franchisees, to be granted and reserved in
accordance with law and ordinance. Due to the status of the tract as a critical area and a portion
as an environmentally sensitive area, permit limitations as defined by the Edmonds Community
Development Code may exist on the construction of any structure or the removal of vegetation
in the vacated area. Prompt restoration of the site following utility installation is advised.
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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
five (5) days after passage and publication of an approved summary thereof consisting of the
title.
" owner
MAYOR, BARBARA
ATTEST /AUTHENTICATED :
CITY CLERK, SANDRA S. CHASE
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
IC •
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. 3208
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EXHIBIT A
All that portion of 172nd Street Southwest lying between the Easterly right -of -way margin
of 76th Avenue West and a point 235 feet more less West of 74th Avenue West right -of-
way centerline as recorded in Vol 5 of Plats, Page 38, Plat of Meadowdale Beach, County
of Snohomish, Wa.
•
•
S 1-) 1
SUMMARY OF ORDINANCE NO. 3208
of the City of Edmonds, Washington
On the 7th day of Apri 1 , 199 8 , the City Council of the City of Edmonds,
passed Ordinance No. 3208 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 172ND STREET
SOUTHWEST FROM 235 FEET WEST OF 74TH AVENUE WEST TO 76TH AVENUE
WEST, 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 Apri 1 , 199 g
CLERK, SANDRA S. CHASE
STATE OF WASHINGTON.
ss
COUNTY OF SNOHOTMISH,
ORDINANCE NO. 3208
of the City of
Edmonds, Washington
On the 7th day of April,
1998, the City Council of the
City of Edmonds, ppassed
Ordinance No. 3208. A sum-
mary of the content of said
ortllnance. consisifno of the
SAME SHALL BECOME
1 EFFECTIVE.
The full text of this Ordi-
nance will be mailed upon
reynest.
DATED this 81h day of April,
1998.
SANDRA S. CHASE
City Clerk
EPXHIBIT A
Street al Southwestf 1 Iyy' g
between the Easterly right•oP
i way margin of 76th Avenue
West and a point 235 feet
more less West of 74th
Avenue West right -of -way
centerline as recorded in Vol
5 of Plats, Page 38 Plat of
Meadowdale Beach, Giounty of
Snohomish, We.
Published: April 23, 1998.
B -2 -1
Affidavit of Publication
RECEIVED
APR 2 9 1999
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. 3208
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; 1.9.9.8
.... ................ ...... and th t said newspaper was egul ... ly, distri uted to its subscribers
u ¢all of said pbriod. V
Principal Clerk
Subscribed and sworn to before me this ........ ..23rd
;ton,