Loading...
Ordinance 35200006.90000 WSS /gjz 9/2/04 ORDINANCE NO. 3520 AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, VACATING AND DECLARING SURPLUS A PORTION OF THE UNBUILT RIGHT -OF -WAY IN THE VICINITY OF 6915 AND 6911 174TH STREET SW, ESTABLISHING CONDITIONS FOR SUCH VACATION, AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. WHEREAS, the City Council initiated the vacation of certain unopened, right -of- way held in fee but reserved for right -of -way use in the vicinity of 6915 and 6911 174th Street SW in order to address certain access issues related to the adjacent properties, and WHEREAS, the vacation was initiated on certain conditions; and WHEREAS, those conditions were met; and WHEREAS, a public hearing regarding the vacation was held by the City Council on 19th day of October, 2004, and WHEREAS, by ordinance the maximum compensation that could be required is one -half of the appraised valuation or $8,000.00; and WHEREAS, the applicants have offered $1,500.00; and WHEREAS, the City Council finds due to the following factors unique to this site, that the offer is reasonable: A. The subject tract is burdened by the access rights and has little or not value except to the neighboring property owners; {WSS580109.DOC;1 /00006.900000/1 - 1 - B. The prior neighboring owners, for a period of 15 years, refused to purchase the site, electing to utilize their access right; C. Returning the property to the tax roles would compensate the City through additional tax revenue over time; and D. The property owners will incur additional costs to survey and assign the site by lot line adjustment. WHEREAS, the City Council finds it to be in the public interest to declare as surplus the property subject to the payment of compensation as determined herein, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Certain unopened right -of -way of 174th Street .SW, located adjacent to 6915 174th Street SW and 6911 174th Street SW, and described on the attached Exhibit A is hereby vacated. Section 2. This vacation is subject to the condition that the sum of $1,500.00 be paid by each of the abutting property owners. In the event that both or either sum is not paid, this vacation shall be void ab initio. The Mayor is authorized to execute a quit claim deed and the City Clerk is hereby directed to file the deed in the land records of Snohomish County on, but only upon, confirmation of payment of the aforementioned sum. 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. {WSS580109.DOC;1 /00006.900000/} - 2 - APPROVED: MAY/OR- G Y HAAKENSON ATTEST /AUTHENTICATED : "--� .Z (te4--'e' . CITY CLERK, SANDRA S. CHASE APPROVED AS TO FORM: OFFICE OF THE C Y ATTORNEY: BY W. SCOTT SNYDER FILED WITH THE CITY CLERK: 10/22/2004 PASSED BY THE CITY COUNCIL: 10/26/2004 PUBLISHED: 10/31/2004 EFFECTIVE DATE: 11/05/2004 ORDINANCE NO. 3520 {WSS580109.DOC;1 /00006.900000/} - 3 - SUMMARY OF ORDINANCE NO. 3520 of the City of Edmonds, Washington On the 26th day of October, 2004, the City Council of the City of Edmonds, passed Ordinance No. 3520. A summary of the content of said ordinance, consisting of the title, provides as follows: AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, VACATING AND DECLARING SURPLUS A PORTION OF THE UNBUILT RIGHT -OF -WAY IN THE VICINITY OF 6915 AND 6911 174TH STREET SW, ESTABLISHING CONDITIONS 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 27th day of October, 2004. ITY CLERK, SANDRA S. CHASE {WSS580109.DOC;1 /00006.900000/} - 4 - Return Address: City Clerk City of Edmonds 121 Fifth Avenue North Edmonds, WA 98020 QUIT CLAIM DEED Property Address: 6915 -174th Street SW, Edmonds, Washington 98026 Assessor's Property Tax Parcel No.: 00 5131 000 144 09 The GRANTOR, the City of Edmonds, State of Washington, for and in consideration of mutual benefits to be derived, convey, release and quit -claim to Stephen H. and Ksenia P. Koon, the GRANTEES, the following described real estate, situated in the County of Snohomish, State of Washington, including any interest therein which grantor may hereafter acquire: Property as described in the attached Exhibit A and shown in the attached. Exhibit B. DATED THIS �% DAY OF o6ec e.F Z44 200) Gary. aken Mayor STATE OF WASHINGTON ) COUNTY OF SNOHOMISH) On this day personally appeared before me GAAY PAAKCasoN to me known to be the individual described in and who executed the within and foregoing instrument and acknowledged that signed the same as t i free and voluntary. act and deed, for the uses and purposes therein mentioned. UNDER MY HAND AND OFFICIAL SEAL THIS j"4' DAY OF �EG6M BER , 20QL/ ID;FA• S. cyq 1 r o NOTAR :U tn: PUBLIC O NOTARY PUBLIC in and for the State of Washington, residing at Eemo,�es _ tcJ �? EXHIBIT A Portion of Vacated 174th Street S.W. Right of Way to be conveyed to Stephen and Ksenia Koon That portion of Tract 145, Meadowdale Beach, according to the plat thereof recorded in Volume 5 of Plats, page 38, records of Snohomish County, Washington, described as follows: Beginning at the northwest corner of said Tract 145; thence N 89 °59'10" E, a distance of 80.00 feet; thence S 1 °37'30" E, parallel with the west line of said Tract 145, a distance of 61.36 feet to the north margin of 174" Street S.W., being a curve to the right having a radius of 1115.23 feet and from which intersection point the center bears N 3 °18'31" E; thence westerly, along the arc of said curve and consuming a central angle of 3 °35'23 ", an arc distance of 68.87 feet; thence N 83 °06'06" W, along said north margin, a distance of 10.70 feet to the west line of said Tract 145; thence N 1 °37'30" W, along said west line, a distance of 53.84 feet to the point of beginning. T. r�Fi WAS rnpms /o i� Ivy ALL COURSES AND DISTANCES SHOWN HEREON ARE BASED UPON CITY OF EDMONDS SHORT PLAT S- 10 -90, RECORDED UNDER AUDITOR'S FILE NO. 9402281450, RECORDS OF SNOHOMISH COUNTY, WASHINGTON. ) I 1J I J03E 1 %�31 I - I J J. C I J KOON I PRATT I I I -144 I N 89'59'10" E 144.94' z 80.00' 64.94' J4-5 Z z PRATT `'' KOON °' J 4,072 sq.ft. w w 4,643 sq.ft. Cn w w o Dc _ o L= 68.87' IY$ti 5� 10.70' a ^15.17' d335'23" - 36.32' 85:06,06" W � -8.46' ---- _..—. L= 99.94' 'n N88'10'04 "W 15.03' in R =1 1 30.23' d= 5.03' 58" 'in' 37.23 =' 174 #h S.T. - T. S.W. N j 5 111 CA R R Y W E r r J T U I � v S I v SCALE 1 " =50' STREET VACATION EXHIBIT FOR °' 10'20'30'40'50' 75' 100' PRA TT AND KOON IN NE1 /4, SW1 /4 SEC. 8, T.27N., R.4E., W.M. CITY OF EDMONDS SNOHOMISH COUNTY, WASHINGTON i- � 00% Lovell— Sauerland & Associates, Inc. L= Engineers /Surveyors /Planners/Development Consultants e -mail: info ®lsaengineering.com • web: lsaengineering.com 19400 33rd Avenue W., Suite 200 • Lynnwood, WA 98036 • (425)775 -1591 (425)672 -7998 fax DRAWN CHECKED F SCALE FILE N0JTT JTT 1-19 -04 - 1 " =50' 4715 -0 -04 7 Return Address: City Clerk City of Edmonds 121 Fifth Avenue North Edmonds, WA 98020 QUIT CLAIM DEED Property Address: 6911 -174th Street SW, Edmonds, Washington 98026 Assessor's Property Tax Parcel No.: 00 5131 000 144 08 The GRANTOR, the City of Edmonds, State of Washington, for and in consideration of mutual benefits to be derived, convey, release and quit -claim to David T. Pratt & Courtney Carolan- Pratt, the GRANTEES, the following described real estate, situated in the County of Snohomish, State of Washington, including any interest therein which grantor may hereafter acquire: Property as described in the attached Exhibit A and shown in the attached Exhibit B. DATED THIS 9-A DAY OF ��_ 200 Ga Haake & n, Mayor STATE OF WASHINGTON } COUNTY OF SNOHOMISH) On this day personally appeared before me GARY HA A hEli SoN to me known to be the individual described in and who executed the within and foregoing instrument and acknowledged that ► signed the same as _q+s free and voluntary act and deed, for the uses and purposes therein mentioned. UNDER MY HAND AND OFFICIAL SEAL THIS DAY OF D6ce —'m tsE4 12004 OTARY PUBLIC in and for the r d�A g, Ctiq State of Washington, residing at yr���g10/VS1�1 EDMONl�S. LOA NOTARY :m: c 04 :V n. PUBLIC i EXHIBIT A Portion of Vacated 174" Street S.W. Right of Way to be conveyed to David and Courtney Pratt That portion of Tract 145, Meadowdale Beach, according to the plat thereof recorded in Volume 5 of Plats, page 38, records of Snohomish County, Washington, described as follows: Beginning at the northwest corner of said Tract 145; thence N 89 °59'10" E, a distance of 80.00 feet to the True Point of Beginning; thence S 1 °37'30" E, parallel with the west line of said Tract 145, a distance of 61.36 feet to the north margin of 174'h Street S.W., being a curve to the left having a radius of 1115.23 feet and from which intersection point the center bears N 3 °18'31" E; thence easterly, along the arc of said curve and consuming a central angle of 1 °28'35 ", an arc distance of 28.74 feet; thence S 88 °10'04" E, along said north margin, a distance of 36.32 feet to the west line of City of Edmonds Short Subdivision No. S- 10 -90, recorded under Auditor's File No: 9402281450, records of Snohomish County, Washington; thence N 1'37'30" W, along said west line, a distance of 63.83 feet to the north line of said -Tract 145; thence S 89 °59'10" W, along said north line, a distance of 64.94 feet to the True Point of Beginning. Ocl rJF �NASyr �� ISi'ER��ti'V LA30 %/AS/05` EXHIBIT B ALL COURSES AND DISTANCES SHOWN HEREON ARE BASED UPON CITY OF EDMONDS SHORT PLAT S- 10 -90, RECORDED UNDER AUDITOR'S FILE NO. 9402281450, RECORDS OF SNOHOMISH COUNTY, WASHINGTON. 1 f J ' C 1 KOON PRATT 1� l ' Ci) 1r:3,13 144 N 89'59'10" E 144.94' -14-3 o 14-6 80.00' z 64.94' z L4 Ln PRATT 0 KOON °' 4,072 sq.ft. w CA Wo �' 4,643 sq.ft. �,, oo ui - o �� w o 10.70' L= 68.87' a =3' 35'2 3 15.17' D°1 36.32' -� 8.46' N 83'06'06" W L= 99.94' ' N88'10' _ n "N 15.03' in R =1130.23' A= 5'03'58" in' 37.23 =• 174th -- — — —ST. S.W. N J 5 lY' C A r R R Y W E c R' J ` r U �i S I v SCALE 1 " =50' STREET VACATION EXHIBIT, FOR °' 10'20'30'40'50' 75' 100, PRA TT AND KOOK IN NE1 /4, SW1 /4 SEC. 8, T.27N., R.4E., W.M. CITY OF EDMONDS SNOHOMISH COUNTY, WASHINGTON h Lovell —Sauerland & Associates, Inc. L�m 0 Engineers /Surveyors/Planners /Development Consultants e -mail: info @lsaengineering.com • web: lsaengineering.com 19400 33rd Avenue W., Suite 200 • Lynnwood, WA 88036 • (425)775 -1591 (425)672 -7998 fax DRAWN CHECKED DATE F.H. SCALE Fm No JTT JTT 11 -19 -04 - 1 " =50' 4715 -0 -04 T STATE OF WASHINGTON, COUNTY OF SNOHONHSH SUMMARY OF ORDINANCE NO. 3520 o t e ity o mon s, as mgton On the 26th day of October, 2004, the City Council of the City of Edmonds, passed Ordinance No. 3520. A summary of the content of said ordinance, consisting of the title, provides as follows: 'AN ORDINANCE OF THE CITY OF EDMONDS, WASHING- TON, VACATING AND DECLARING SURPLUS A PORTION OF THE UNBUILT RIGHT -OF -WAY IN THE VICINITY OF 6915 AND 6911 174TH STREET SW, ESTABLISHING CONDITIONS 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 27th day of October, 2004. CITY CLERK, SANDRA S. CHASE Published: October 31, 2004. Affidavit of Publication S.S. 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. 3520 City of Edmonds 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: October 31, 2004 and that said newspaper was regularly distributed to its subscribers during all of said period. Subscribed and sworn to before me this 1st day of November, 2004 Notary Publib in agd'for 7 State of Washington, residing at County. / '0 C, G t, ohomi ,he /AR}' AUBL(c 'PA 9-17-2008 �'W, Account Name: City of Edmonds Account Number. 101416 Order Number. 0001227431