Ordinance 32550006.191.000
WSS /gjz
03/26/99
R:05/26/99gjz
ORDINANCE NO. 3255
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, VACATING A PORTION OF A PLATTED
BUT UNBUILT RIGHT -OF -WAY OF A PORTION OF 180TH
STREET SW, LOCATED IN THE CITY OF EDMONDS,
ESTABLISHING CONSIDERATION FOR SUCH VACATION,
AND FIXING A TIME WHEN THE SAME SHALL BECOME
EFFECTIVE.
WHEREAS, the Applicant, Lori Greenleaf Evans, initiated by resolution the
vacation of that portion of the platted but unbuilt right -of -way of 180th Street SW adjacent to
8615 Olympic View Drive in the City of Edmonds, and setting a public hearing date of February
16, 1999; and
WHEREAS, following its initial public hearing, the City Council found it to be in
the public interest to vacate the property, but continued the determination of appropriate
consideration to further hearing on March 16, 1999 and reconsideration on May 18, 1999; and
WHEREAS, the City Council finds that vacation of the right -of -way will increase
the property in the Applicant's ownership by one additional building lot whose value could range
from $30,000 to $65,000; and
WHEREAS, the Applicant asserts that the owners agree to waive subdivision
rights created by the vacation of the right -of -way, stipulated to be 9,900 square feet, retaining
their existing right to develop a second lot based on their ownership prior to the vacation; and
WSS228453.10 -1-
WHEREAS, the City Council finds that the public interest would be served by vacation
of the right -of -way in consideration for a nominal payment of $3,562 and provision of a covenant
to waive subdivision rights as enhanced by the vacation, NOW, THEREFORE
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO
ORDAIN AS FOLLOWS:
Section 1. The City Council hereby fmds that certain rights -of -way of a portion
of 180th Street SW adjacent to 8615 Olympic View Drive and legally described on the attached
Exhibit A, incorporated by this reference as if set forth in full, should be vacated upon payment
of the consideration set forth in paragraph 2. The subject right -of -way to be vacated is currently
undeveloped and it is not currently required for street improvements. This finding of vacation is
based upon facts presented at the public hearings before the Edmonds City Council on February
16 and March 16, 1999 and on the findings set forth above.
Section 2. The City Council hereby establishes as consideration for the vacation
the payment of the sum of $3,562 and the execution of a covenant not to subdivide in the form
set forth in the attached Exhibit B or a document in substantially the same form which gives full
purpose and effect to the City Council's decision and which is in a form approved by the City
Council. The monies and covenant shall be tendered within thirty (30) calendar days of the
effective date of this ordinance. Failure to tender such consideration by that date shall void the
provisions of this ordinance.
Section 3. The City Clerk is hereby directed to file a copy of this ordinance in
the land records of Snohomish County when and if the consideration provided for in paragraph 2
is tendered. Failure to tender the required consideration within thirty (30) calendar days of the
WSS228453.1 O -2-
effective date of this ordinance shall void its provisions and the City Clerk shall report such
voiding to the City Council so that it may repeal 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
ATTEST /AUTHENTICATED:
CITY CLERK, SANDRA S. CHASE
APPROVED AS TO FORM:
OFFICE OF THE C Y ATTORNEY:
BY
FILED WITH THE CITY CLERIC 06/11/99
PASSED BY THE CITY COUNCIL: 06/15/99
PUBLISHED: 06/20/99
EFFECTIVE DATE: 06/25/99
ORDINANCE NO. 3255
WSS228453.1 O -3-
Exhibit A
That portion of 180th Street Southwest which abuts the following described parcel:
That portion of Lot 3, Edmonds Seaview Tracts, according to the plat thereof
recorded in Volume 3 of Plats, pages 75 and 76, records of Snohomish County,
Washington, lying northerly of Olympic View Drive.
WAIVER OF ENHANCED SUBDIVISION RIGHTS AND
COVENANT TO NOTIFY
In consideration for the vacation of the unimproved right -of -way of 180th Street SW adjacent to
a tract of land located at 8615 Olympic View Drive, Edmonds, Washington and legally described
as that portion of Lot 3, Edmonds Seaview Tracts, according to the plat thereof recorded in
Volume 3 of plats, pp. 75 and 76, records of Snohomish County, Washington, lying northerly of
Olympic View Drive and having been assigned Tax Account No. 4346 - 000 - 003 -0002 by the
Snohomish County Assessor, the undersigned owners of such tract, in consideration for the
vacation of said right -of -way, do, on behalf of themselves, their heirs, successors and assigns,
waive the right to utilize the square footage gained by virtue of the vacation stipulated to be
9,900 square feet in subdivision of the existing site. The undersigned owners specifically reserve
to themselves all rights to subdivide or develop the site which existed prior to the vacation of
said 9,900 square feet of right -of -way, as such rights are determined under the ordinances of the
City of Edmonds, as the same exist or are hereafter amended. At the date of execution of this
Waiver and Covenant, the owners have sufficient square footage to create a second building lot
without use of the vacated right -of -way. This Waiver of Enhanced Subdivision Rights shall not
be interpreted to waive any existing or future right to fully develop the original square footage of
the property as a single - family, residential lot(s) in accordance with all rights and privileges
provided by the ordinances of the City of Edmonds.
This Waiver and Covenant to Notify touches and concerns the subject parcel described above,
and shall run with the land.
This Covenant may be revoked or suspended by action of the Edmonds City Council acting in its
sole discretion.
In addition to the Waiver above provided, the undersigned owners of the tract promise to notify
any future purchaser of the Waiver of Enhanced Subdivision Rights. A copy of this Covenant
shall be filed of record in the land records of Snohomish County, Washington at the expense of
the Owners
DONE THIS 30 day of JoAle__ , 1999.
OWNERS
0
STATE OF WASHINGTON)
) ss.
COUNTY OF SNOHOMISH )
I certify that I know or have satisfactory evidence that LORI GREENLEAF EVANS is the
person who appeared before me, and said person acknowledged that she signed this instrument
and acknowledged it to be her free and voluntary act for the uses and purposes mentioned in the
instrument.
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STATE OF WASHINGTON)
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COUNTY OF SNOHOMISH )
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(print or type name)
NOTARY PUBLIC in and for the
State of Washin on, resid' g _
at: .
My Commission expires: 9, —
I certify that I know or have satisfactory evidence that TERRY EVANS is the person who
appeared before me, and said person acknowledged that he signed this instrument and
acknowledged it to be his free and voluntary act for the uses and purposes mentioned in the
instrument.
Dated: `1
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WSS228553 .1SX /F0006.191.000 /B0006.
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(print or type name)
NOTARY PUBLIC in and for the
State of Wash' gton, r iding
at
My Commission expires:
SUMMARY OF ORDINANCE NO. 3255
of the City of Edmonds, Washington
On the 15th day of June, 1999, the City Council of the City of Edmonds, passed
Ordinance No. 3255. 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 A PLATTED BUT UNBUILT RIGHT -OF -WAY OF A PORTION OF 180TH
STREET SW, LOCATED IN THE CITY OF EDMONDS, ESTABLISHING
CONSIDERATION FOR SUCH VACATION, AND FIXING A TIME WHEN THE SAME
SHALL BECOME EFFECTIVE.
The full text of this Ordinance will be mailed upon request.
DATED this 16th day of June, 1999.
., 'z- e4�
CITY CLERK, SANDRA S. CHASE
CITY OF EDMONDS
INTER -OFFICE REC
DEPARTMENT:
RECEIVED:
93803
( 1
DATE:
rCheck IV V Cash $
Leasehold Property Tax
Water Charge
Items for Resale
Aid Car Donation
Cemetery Fees
Ferry Parking Lot
Water Turn on /off
R/W Invasion
Security Deposit (620 fund)
Plat Inspection
Specs & Plans ,Deposit
Sale of Maps /Books
Sales Tax
Photostating
Business License Fee
Business License Penalty
Gun Permit
Fire Permit
Fireworks Permit
Fingerprinting
Animal Control Charges
Recreation Class Fees
Rentals
Other
3
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Cler
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STATE OF WASHINGTON,
COUNTY OF SNOHONiISH,
SUMMARY OF
o RDIN
A ty 2 -5
ds,
Washington
On the 15th day of Jurie, 1999,
the City Council of the City of
Edmonds, passed Ordinance No.
3255. A summary of the content
of said ordinance, consisting of
the title, provides as follows:
AN ORDINANCE OF THE CITY
OF ACAT NG AS PORTION OFO A
:PLATTED BUT UNBUILT
RIGHT -OF -WAY OF A POR-
TION OF 180TH STREET SW,
LOCATED IN THE CITY nF
wNNI.&HATION FOR SUCH
VACATION, AND FIXING A
TIME WHEN THE SAME SHALL
BECOME EFFECTIVE.
The full text of this Ordinance
will be mailed upon request.
DATED this 16th day of June,
1999.
CITY CLERK,
SANDRA S. CHASE
EExhi�i� A
That portion of 180th Street
Southwest which abuts the
following described parcel:
That Portion of Lot 3, Edmonds
Seaview Tracts, according to
the plat thereof recorded in
Volume 3 of Plats, pages 75
and 76, records of Snofiomish
County, Washington, lying
northerly of Olympic View
Drive.
Published: June 20, 1999.
B -2 -1
ss.
Affidavit of Publication
,SUN 2 41999
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 ......... ...............................
Sun nary.. of.. Ordiname.. No.... 32. 5 .5_ ............................ ............... .. . . ..
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:
June...20.,...... 999 .................................................................... ...............................
....................................................................................................... ...............................
and that said newspaper was regularly distributed to its subscribers
durin all of said period.
...a.. t ................................
Princlpal Clerk
Subscribed and sworn to before me this .........20th ...................
of........ June . ...............................
r,d: . ...................1 ......t�
Notary Public in and for the
residing at Everett, Snohom f
........1 19..99..
........................
i Washington,
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