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Ordinance 32380006.90000 WSS /gjz 10/01/96 01 /01 /99gjz ORDINANCE NO. 3238 AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, VACATING A CONSTRUCTION EASEMENT FOR STREAM CHANNEL RESTORATION ON EITHER SIDE OF THE CENTER LINE OF SHELL CREEK AS HEREIN DESCRIBED, RETAINING A MAINTENANCE EASEMENT AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. WHEREAS, on March 23, 1989, William V. Phillips and Joanne F. Phillips, husband and wife, granted to the City of Edmonds a construction and maintenance easement for the purpose of stream channel restoration in Shell Creek, and WHEREAS, the easement was dedicated to the City without monetary compensation beyond the benefits to be derived from restoration of the Creek, and WHEREAS, the City Council finds that the construction portion of the easement is now surplus to its needs and wishes to vacate it, and WHEREAS, the City has received the recommendation of its hearing examiner in accordance with the requirements of its ordinances that such easement be vacated without compensation, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. A thirty (30) foot wide construction easement dated March 23, 1989 and recorded at Volume 2318, page 1393 in the records of Snohomish County as document 144008 -1- number 9003150308 is hereby vacated. Provided, however, that the City, grantee, reserves a ten (10) foot maintenance easement granted by said document, said overall easement being thereby reduced to a maintenance easement five (5) feet on either side of the center line of Shell Creek. The grantors of the easement and their successors in interest shall not be required to pay compensation given their donation of the original easement to the City without monetary consideration. Section 2. The City Clerk is hereby authorized to record a certified copy of this ordinance in the 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 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: ait MAYOR, BARBARA S. "FAHEY/------ ATTEST /AUTHENTICATED : -'0' ' eg", CITY CLERK, SANDRA S. CHASE 144008 -2- APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: BY &c!-344 FILED WITH THE CITY CLERK: 01/15/99 PASSED BY THE CITY COUNCIL: 01/19/99 PUBLISHED: 01/25/99 EFFECTIVE DATE: 02/04/99 ORDINANCE NO. 3238 144008 -3- SUMMARY OF ORDINANCE NO. 3238 of the City of Edmonds, Washington On the 19th day of January, 1999, the City Council of the City of Edmonds, passed Ordinance No. 3238. 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 CONSTRUCTION EASEMENT FOR STREAM CHANNEL RESTORATION ON EITHER SIDE OF THE CENTER LINE OF SHELL CREEK AS HEREIN DESCRIBED, RETAINING A MAINTENANCE EASEMENT 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 January, 1999. CITY CLERK, SANDRA S. CHASE I AVE N o 5 ca ° 302 w .. v . � o co m o v IN M 723 729 v c � c' Qo w E�: 33 o O z w � co CD 739 w m co 741 C rn m 0 0 cn o �a C.0 cn 14 v v I AVE N O ° 0 CITU A \ /C n I o N ca 0 o co m o O ° 0 CITU A \ /C n I ca co o N co o co C 0 0 �a w v 0 N . w w m. o ca m rn w a S89'59' 3" E 89.9 ' i F J 30' 30' b EDMONDS STREET BRASS SURFACE 0.00'(P) r 'r MONUMENT SET REBAR WITH CAP D pip S89'59' 3" E 89.9 'r F 30' 30' a! ell cn o, ` 1%% 30 STORM DRAIN . • .. ... • ° ., .� •••\ EASEMENT POSITION SHOWN PER •, • .' CITY RECORDS b SST LINE --R MARKI b n 1' b + 1 S84, '32rE 8493, !RON SET REBAR ---" , �-- SET WI REBAR CAP IT WITH CAP do All EY W ' J Z o m Lti ... - + b 1 b BRASS SURFACE MONUMENT BELL STREET � I EXHIBIT 2 Affidavit of Publication STATE OF WASHINGTON, is COUNTY OF SNOHOBaISH, -- The undersigned, being first duly sworn on oath deposes and says SUMMARY OF ORDINANCE No. 323a that she is Principal Clerk of THE HERALD, a daily newspaper of the City of Edmonds, Was hington On the 19th day of January, printed and published in the City of-Everett, County of Snohomish, 1999, the City Council of the City of Edmonds, passed Ordinencel No. 3239. A summary of thel and State of Washington; that said newspaper is a newspaper of content of said ordinance, general circulation in said County and State; that said newspaper consisting of the title, provides as follows: AN ORDINANCE OF THE has been approved as a legal newspaper by order of the Superior CITY OF EDMONDS, WASH- INGTON, VACATING A CON - Court of Snohomish County and that the notice ......... ............................... STRUCTION EASEMENT FOR STREAM CHANNEL RESTO- RATION ON EITHER SIDE OF THE CENTER LINE OF SHELL Summary of Ordinance No. 3238 CREEKAS HEREIN DE- ............................................................................ ............................... .................... SCRIBED, RETAINING A MAIN- TENANCE EASEMENT AND FIXING A TIME WHEN THE SAMESHALL BECOME .................................. .................................................................... — .................... EFFECTIVE. The full te)d of this Ordinance will be mailed upon request. this 201h day of ... °---... .............................................. -- ...... -............ .... ................... .....---.......--- °----........ rryye� JaSANDRA S. CHASE a printed copy of which is hereunto attached, was published in said City Clerk Published: January 25, 1999. newspaper proper and not in supplement form, in the regular and J entire edition of said paper on the following days and times, namely: ri.............. .................................................................... .........:..................... ............................... and t newspawas re tributed its subscribers dur' 11 of said period Principal Clerk Subscribed and sworn to before me this .......... Z t.h.... da January ........ .............f................, 199...... ........ .. ......... ........... ............................... .......... .. .. .. ...... ..... . .. ........................... Notary Public in and for the tate f Washington, residing at Everett, Snoho ' h Cou ty. �� � • 5S1ON �c • �� z :0 NOTARY m: - N . PUBLIC O� 19, �C?�:� OF It 100% 8 -2 -1