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Ordinance 32600006.900000 WSS /gjz 6/9/99 R:6 /15 /99gjz ORDINANCE NO. 3260 AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, VACATING A PORTION OF THE DEDICATED BUT UNBUILT RIGHT -OF -WAY OF 218TH PLACE SOUTHWEST IMMEDIATELY ADJACENT TO 9405 218TH PLACE SOUTHWEST, AS DESCRIBED HEREIN, PROVIDING FOR COMPENSATION FOR SUCH VACATION AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. WHEREAS, a strip of land ten feet in width by 113 feet long immediately adjacent to 9405 218th Place Southwest was originally dedicated for public purposes in order to provide for a hammerhead turn -a- around at the terminus of 218th Place Southwest; and WHEREAS, 218th Place Southwest as actually developed is now a through street and the City's staff finds no reasonably foreseeable need for public use of this property for right- of -way purposes; and WHEREAS, the owners of such property have petitioned the City for vacation and provided an appraisal in conformance with the requirements of City Code which appraises the value of the vacated right -of -way at $10,600.00; and WHEREAS, while members of the public have expressed concern regarding the vacation in that it would permit development of said adjacent property, the City Council finds that there is no evidence presented which indicates a reasonable likelihood of a public need or necessity for the right -of -way for street or utility purposes, and therefore, the right -of -way is surplus to its needs and should be vacated; and { WSS401387.DOC;1/00006.900000/ }- 1 - WHEREAS, provisions of the Edmonds Community Development Code provide, in conformance with State law, that for street right -of -way, which has been obtained by dedication as opposed to purchase, the City Council may compensate one -half of the fair market value of the property, or in this case, $5,300.00; and WHEREAS, the City Council therefore concludes that the street vacation meets the requirements and review criteria of the Edmonds Community Development Code and this property should be vacated upon payment of $5,300.00 in consideration; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS Section 1. A portion of the platted but unbuilt right -of -way of 218th Place Southwest immediately adjacent to 9405 218th Place Southwest in the City of Edmonds is hereby vacated subject to the condition set forth herein. The property is ten feet in width and 113 feet long and is legally described as that portion of the 218th Place Southwest, immediately adjacent to: Lot 21, R.C. Munger addition No. 3, Volume 16 of Plats, page 36 of the records of Snohomish County, Washington. Section 2. The City Clerk is hereby authorized, upon receipt and confirmation of payment of the sum of $5,300.00 from the applicant, to record a copy of this vacation ordinance with the land records of Snohomish County. Failure to submit a certified check for the full amount of the compensation required herein within thirty days of enactment of this ordinance shall void its provisions. In the event of a failure to provide such compensation in the time set, the City Clerk shall inform the City Council and the City Clerk's notification shall be placed in the minutes, thereby voiding the provisions of this ordinance and the approval of vacation. { WSS401387.DOC;1/00006.900000/ }- 2 - 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: 10--Z W MAYOR, BARBARA S. i ATTEST /AUTHENTICATED: CITY CLERK, SANDRA S. CHASE APPROVED AS TO FORM: OFFICE OF THE CIg ATTORNEY: BY 5� W. SCOTT SNYDER FILED WITH THE CITY CLERK: 06/18/99 PASSED BY THE CITY COUNCIL: 06/22/99 PUBLISHED: 06/29/99 EFFECTIVE DATE: 07/04/99 ORDINANCE NO. 3260 { WSS401387.DOC;1/00006.900000/ }- 3 - SUMMARY OF ORDINANCE NO. 3260 of the City of Edmonds, Washington On the 22nd day of June, 1999, the City Council of the City of Edmonds, passed Ordinance No. 3260. 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 DEDICATED BUT UNBUILT RIGHT -OF -WAY OF 218TH PLACE SOUTHWEST IMMEDIATELY ADJACENT TO 9405 218TH PLACE SOUTHWEST, AS DESCRIBED HEREIN, PROVIDING FOR COMPENSATION 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 23rd day of June, 1999. CITY CLERK, SANDRA S. CHASE { WSS401387.DOC;1/00006.900000/ }- 4 - LAUREL W 1_ 214TH PL SW 3 w mine moll N m rn P ST SW a eOw�� COI 3 w a 217TH ST SW 8TH ST 1 2 L f� > S `z a ,o r 4 OK \ Vicinity Map N 4 Larry Wax j Street Vacation Request 9405 218th St SW EXHIBIT 1 Affidavit of Publication STATE OF WASHINGTON, ss. COUNTY OF SNOH01VLISH, o1 the City Edmonds, Washington On the 22nd day of June, The undersigned, being first dui sworn on oath deposes and says g g Y P Y r 1999, the City Council of the City of Edmonds, passed Ordinance that she is Principal Clerk of THE HERALD, a daily newspaper No. 3260. A summary of the content of said ordinance, con- sistino of the title, provides as '' printed and published in the City of Everett, Count of Snohomish, P P Y Y fo llows: `: AN ORDINANCE OF THE CITY 1 and State of Washington; that said newspaper is a newspaper of j OF EDMONDS, WASHINGTON, VACATING A PORTION OF THE g DEDICATED BUT UNBUILT general circulation in said County and State; that said newspaper RIGHT- OF•WAY OF 218TH ? PLACE SOUTHWEST IMMEDI- ' has been approved as a legal newspaper by order of the Superior ATELY ADJACENT TO 9405 Court of Snohomish County and that the notice ......... ............................... AS BED REIN, PROVIOESCR COf SATION FOR SUCH VACATION AND FIXING A TIME WHEN Summary Of Ordinance No. 3260 THESAME SHALL BECOME [EFFECTIVE. .............. ....................................................... ............................... I The full text of this Ordinance ,will be mailed upon request. DATED this 23rd day of June, .......................... ............................... ......... ............................... 1999. CIT11. CLERK, SANLAA S. CHASE y IPubfished: June -9, 1999. 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 29, 1999 ....................................................................................................... ......... ...................... ............................................................. ........... .......... ........ .. .......... ............................... and that said newspaper was regularly distributed to its subscribers during all of said period. �n ..... .1 /.. �............................ ...............- --- ............ Principal Clerk Subscribed and sworn to before me this............ 9th of...... June ............. .. .... .../,h ......... ...... 19..9... ......... ............................... .... - - - -- .... ........ ......... ... Notary Public in and for tate f Washington, residing at Everett, Snoh Cou ty. 0 NOTARY �9N; Z N -7 My T PUBLIC �024 0 F +WASH► %% % B -2 -1