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Ordinance 35430006.90000 WSS /gjz 3/15/05 ORDINANCE NO. 3543 AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, TO VACATE A PORTION OF THE UNOPENED AND UNDEVELOPED RIGHT -OF -WAY OF SIERRA PLACE, PROVIDING DIRECTION TO THE CITY CLERK, AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. WHEREAS, the City Council, following public a hearing passed Resolution No. 1066 declaring its intent to vacate certain property upon the fulfillment of specified conditions; and WHEREAS, the City Council has received the report of the City Clerk that said that the payment of $3,750 has been fulfilled and execution of a notice of restriction in the form required, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. A portion of the unopened and undeveloped street right -of -way of Sierra Place directly adjacent to and immediately south of property addressed as 1142 Sierra Place, Edmonds, Washington is hereby vacated. Said street right -of -way is generally shown on the attached Exhibit A and legally described on Exhibit B, incorporated by this reference as fully as if herein set forth. {WSS593107.DOC;1 /00006.900000/} - I - Section 2. The City Clerk is hereby requested and directed to record the notice of restriction and a copy of this ordinance in the records of Snohomish County, Washington. 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: MAY bAOY HAAKENSON ATTEST /AUTHENTICATED : CITY CLERK, SANDRA S. CHASE APPROVED AS TO FORM: OFFICE OF THE C Y ATTORNEY: BY ) 5� W. SCOTT SNYDER FILED WITH THE CITY CLERK: 03/18/2005 PASSED BY THE CITY COUNCIL: 03/22/2005 PUBLISHED: 03/31/2005 EFFECTIVE DATE: 04/05/2005 ORDINANCE NO. 3543 {WSS593107.DOC;1/00006.900000/} - 2 - SUMMARY OF ORDINANCE NO. 3543 of the City of Edmonds, Washington On the 22nd day of March, 2005, the City Council of the City of Edmonds, passed Ordinance No. 3543. A summary of the content of said ordinance, consisting of the title, provides as follows: AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, TO VACATE A PORTION OF THE UNOPENED AND UNDEVELOPED RIGHT -OF -WAY OF SIERRA PLACE, PROVIDING DIRECTION TO THE CITY CLERK, 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 March, 2005 CITY CLERK, SANDRA S. CHASE {WSS593107.D0C;1 /00006.900000/} - 3 - 3i W O W O Z Q ry Z (V _d N Z O I— N Z O H U W V) .00roZL ,00•sz 90ZOOZ90LL u ;o fuawasoa ,9Z M F 0 J m 0 w 0 w z 0 n � a �� W W W N a (r � >- < o C) Q ; w r z� CO O 0 m 0 Ld � ) co a > (n r N Oz o O n F F N N u O 0 n d N n 3 u D O J T a° J a o m Q 3 z O z ri z 4 O N J Z 0 a F ' S $ O .00'Sz eamr C o ' O 0 n 90ZOOZ90LL u ;o fuawasoa ,9Z M F 0 J r O J Hi8ON. 3nN3Ad Hit l O J EXHIBIT A w � a W W (r a w V O Q m Ld J W f0 > (n N Oz 2 F F a 0 T a° J Q 3 z O 4 O N J Z F ' S O C n r O J Hi8ON. 3nN3Ad Hit l O J EXHIBIT A ti SANITARY SEWER EASEMENT LEGAL DESCRIPTION A EASEMENT FOR THE MAINTAINANCE OF A EXISTING SANITARY SEWER SYSTEM OVER, UNDER AND ACROSS THAT PORTION OF TRACT 23., PUGET SOUND MACHINERY DEPOT FIVE ACRE TRACTS, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 5 OF PLATS PAGE 47, RECORDS OF SNOHOMISH COUNTY, WASHINGTON DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID.TRACT 23, THENCE SOUTHERLY ALONG THE EAST BOUNDARY LINE OF SAID TRACT 23 A DISTANCE OF 130.95 FEET TO THE TRUE POINT OF BEGINNING, THENCE CONTINUING SOUTHERLY ALONG SAID EAST BOUNDARY LINE OF SAID TRACT 23 A DISTANCE OF 14.05 FEET TO THE SOUTHEAST CORNER OF SAID TRACT 23, THENCE WESTERLY ALONG THE SOUTH BOUNDARY LINE OF SAID TRACT 23 A DISTANCE 238.80 FEET MORE OR LESS TO THE SOUTHWEST CORNER OF SAID TRACT 23 ALSO BEING A POINT ON THE EASTERLY RIGHT OF WAY LINE OF SIERRA STREET ACCORDING TO THE PLAT OF NELSON ADDITION AS RECORDED IN VOLUME 19 OF PLATS PAGE 89 RECORDS OF SAID SNOHOMISH COUNTY, THENCE NORTH ALONG THE WEST BOUNDARY LINE OF SAID TRACT 23 A DISTANCE OF 13.00 FEET, THENCE WESTERLY PARALLEL WITH THE NORTH BOUNDARY LINE OF SAID TRACT 23 A DISTANCE OF 2.00 FEET MORE OR LESS TO A POINT ON THE ARC OF SAID SIERRA STREET 40 FOOT RADIUS CULDESAC RIGHT OF WAY LINE THENCE NORTH WESTERLY A LONG THE ARC OF SAID CULDESAC AN ARC LENGTH OF 4.95 FEET, THENCE SOUTHEASTERLY 242.70 FEET MORE OR LESS TO THE TRUE POINT OF BEGINNING AND THE 'END OF THIS DESCRIPTION. J: \03458dlp \Out\sani sewer esmnt.doc EXHIBIT A (CONT.) STREET VACATION LEGAL DESCRIPTION THAT PORTION OF TRACT 23, PUGET SOUND MACHINERY DEPOT FIVE ACRE TRACTS. ' ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 5 OF PLATS PAGE 47, RECORDS OF SNOHOMISH COUNTY, WASHINGTON DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID TRACT 23, THENCE SOUTHERLY ALONG THE EAST BOUNDARY LINE OF,SAID TRACT 23 A DISTANCE OF. 120.00 FEET TO THE TRUE POINT OF THENCE WESTERLY PARALLEL WITH THE NORTH BOUNDARY LINE OF SAID TRACT 23 A DISTANCE 247.30 FEET MORE OR LESS TO A POINT ON THE ARC OF THE CULDESAC RIGHT OF WAY LINE OF SIERRA STREET ACCORDING TO THE PLAT OF NELSON ADDITION AS RECORDED IN VOLUME 19 OF PLATS PAGE 89 RECORDS OF SAID SNOHOMISH COUNTY SAID POINT HEREIN DESIGNATED AS POINT "A ". BEGINNING AGAIN AT THE TRUE POINT OF BEGINNING, THENCE SOUTHERLY ALONG THE EAST BOUNDARY LINE OF SAID TRACT 23 A DISTANCE OF 25.00 FEET, THENCE WESTERLY PARALLEL WITH THE NORTH BOUNDARY LINE.OF SAID TRACT 23 A DISTANCE OF 238.80 MORE OR LESS FEET TO A POINT ON THE EAST BOUNDARY LINE OF SAID NELSONADDTTION, THENCE NORTHERLY ALONG SAID EAST BOUNDARY LINE OF NELSON ADDITION .A DISTANCE OF 13.00 FEET, THENCE WESTERLY PARALLEL WITH THE NORTH BOUNDARY LINE OF SAID TRACT 23 A DISTANCE OF 22.00 FEET MORE OR LESS THE ARC OF SAID S TO A POINT ON IERRA STREET CULDESAC RIGHT OF WAY LINE, THENCE NORTH WESTERLY A LONG THE ARC OF SAID CULDESAC AN ARC LENGTH OF 13.80 FEET MORE OR LESS TO PREVIOUSLY DESIGNATED POINT "A" AND THE END OF THIS DESCRIPTION. _ -.THIS VACATIOMCONSISTS OFU-T ACRES MORE OR LESS. - - - - -- - -- EXHIBIT B EXHIBIT B NOTICE OF RESTRICTION OF USE COMES NOW, the undersigned owners of certain real property located in the City of Edmonds, Snohomish County, Washington, addressed as 1142 Sierra Place {"Site") and legally described as follows: [legal description] The undersigned owners, in consideration of the approval of the City of Edmonds of a vacation of a certain public easement lying adjacent to and immediately south of the subject site, do hereby agree and covenant, on behalf of themselves, their heirs; successors and assigns, to restrict use of the above described Site to one single- family dwelling. This covenant is offered to and in favor of the City of Edmonds, and the rights conferred hereunder may be released only the . an action of the Edmonds City Council. DONE this 2��` day of v ( —, 2004. OWNERS DARRYL LEWIS SHARI LEWIS STATE OF WASHINGTON) COUNTY OF SNOHOMISH ) - On this day appeared before me DARRYL LEWIS AND SVitK LEWIS, husband and wife, and stated that they executed this document for the uses oses herein mrnitin —'el NOTARY NOT Y P PUBLIC Prin N e: y 23.2007 �pZ My o ission a ices: t--Z -p WASH�c�G (wss571527.n0c;vo0006.g00000/) - 3 - ! LEWIS PROPERTY PROPOSED. LEGAL DESCRIPTION i THOSE PORTIONS OF TRACT 22 AND TRACT 23, PUGET SOUND MACHINERY DEPOT 5 ACRE TRACTS, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 5 OF PLATS, PAGE 47, RECORDS OF SNOHOMISH COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: THE NORTH 120 F OF SAID TRACT 23; EXCEPT THAT PORTION LYING WEST OF THE EAST LINE OF THAT CERTAIN EASEMENT RECORDED UNDER RECORDING NUM ER 7706200208; AND EXCEPT THAT PORTION THEREOF LYING WITHIN S1E STREET AS DELINEATED ON THE PLAT OF NELSON ADDITION, ACCO ING TO THE PLAT THEREOF RECORDED IN VOLUME 19; PAGE 89, IN SNOH MIS COUNTY, WASHINGTON; TOGETHER WITH THAT PORTION OF THE SOUTH 10 FEET OF TRACT 22, SAID PLAT LYING EAST F THAT CERTAIN EASEMENT RECORDED UNDER RECORDING NUMBER 7706200208. (ALSO KNOWN AS PARCEL B OF CITY OF EDMONDS BOUNDARY LINE ADJUSTMENT S93 -�7 RECORDED UNDER RECORDING NUMBER 9307080525.) ALSO TOGETHER HUNDRED THItT UNDER AFN 1370£ AND TOGETHER I THIRTY -EIGHT (31 FEET OF SAID M BY THE CITY OF I SUBJECT TO AN' I SANITARY SEWEf TRACT 23, PUGET ACCORDING TO T PAGE 47, RECORD FOLLOWS: COMMENCING AT SOUTHERLY ALOI, DISTANCE OF 130 CONTINUING SOU TRACT 23 A DISTA THE NORTH LINE LESS TO A POINT C STREET ACCORDII VOLUME 19 OF PL THENCE NORTH A. STREET A DISTAN( THE NORTH BOUN MORE OR LESS TO RADIUS CULDESAI LONG THE ARC OF SOUTHEASTERLY: BEGINNING AND T fI'H THE SOUTH TWELVE (12) FEET OF THE NORTH ONE - TWO (132) FEET OF SAID TRACT 23 AS DESCRIBED 5 RECORDS OF SNOHOMISH COUNTY, WASHINGTON; TH THE NORTH THIRTEEN (13) FEEET OF THE NORTH FEET OF THE SOUTH ONE HUNDRED NINEY -EIGHT (198) F 23 AS DESCRIBED UNDER AFN 1370837, AS VACATED-.... IMONDS (ORDINANCE/RESOLUTION--- --_ - - -) LSEMENT FOR THE MAINTAINANCE OF A EXISTING SYSTEM OVER, UNDER AND ACROSS THAT PORTION OF OUND MACHINERY DEPOT FIVE ACRE TRACTS, . E PLAT THEREOF RECORDED IN VOLUME 5 OF PLATS OF SNOHOMISH COUNTY, WASHINGTON DESCRIBED AS 'HE NORTHEAST CORNER OF SAID TRACT 23, THENCE 3 THE EAST BOUNDARY LINE OF SAID TRACT 23 A FEET TO THE TRUE POINT OF BEGINNING; THENCE 3ERLY ALONG SAID EAST BOUNDARY LINE OF SAID CE OF 14.05 FEET; THENCE WESTERLY PARALLEL TO ? SAID TRACT 23 A DISTANCE 238.80 FEET MORE OR 4 THE EASTERLY RIGHT OF WAY LINE OF SIERRA 3 TO THE PLAT OF NELSON ADDITION AS RECORDED IN IS PAGE 89 RECORDS OF SAID SNOHOMISH COUNTY; DNG THE EASTERLY MARGIN LINE OF SAID SIERRA E OF 13.00 FEET; THENCE WESTERLY PARALLEL WITH ARY LINE OF SAID TRACT 23 A DISTANCE OF 2.00 FEET' L POINT ON THE ARC OF SAID SIERRA STREET 40 FOOT RIGHT OF WAY LINE; THENCE NORTH WESTERLY A .AID CULDESAC AN ARC LENGTH OF 4.95 FEET; THENCE 12.70 FEET MORE OR LESS TO THE TRUE POINT OF E END OF THIS DESCRIPTION. Affidavit of Publication STATE OF WASHINGTON, COUNTY OF SNOHOMISH S.S. SUMMARY OF ORDINANCE NO. 3543 0o t�ofEdmon soon On the 22nd day of March, 2005, the City Council of the City of Edmonds, passed Ordinance No. 3543. A summary of as follows: the content of said ordinance, consisting of the title, provides AN ORDINANCE OF THE CITY OF EDMONDS, WASHING- TON, TO VACATE A PORTION OF THE UNOPENED AND UNDEVELOPED RIGHT -OF -WAY OF SIERRA PLACE, PROVIDING DIRECTION TO THE CITY CLERK, AND FIX- ING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. The full text of this Ordinance will be mailed upon request. DATED this 23rd day of March, 2005. CITY CLERK, SANDRA S. CHASE THAT PORTION OFTRACTM PUG-ET SOUND MACHI- NERY DEPOT FIVE ACRE TRACTS, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 5 OF PLATS PGE 47, RECOOF SNOHOMISH COUNTY, WASH- ­ ---------- - COMMENCING AT THE NORTHEAST CORNER OF SAID TRACT 23, THENCE SOUTHERLY ALONG THE EAST BOUNDARY LINE OF SAID TRACT 23 A DISTANCE OF 120.00 FEET TO THE TRUE POINT OF BEGINNING, THENCE WESTERLY PARALLEL WITH THE NORTH BOUNDARY LINE OF SAID TRACT 23 A DISTANCE 247.30 FEET MORE OR LESS TO A POINT ON THE ARC OF THE CULDESAC RIGHT OF WAY LINE OF SIERRA STREET ACCORDING TO THE PLAT OF NELSON ADDITION AS RECORDED IN VOLUME 19 OF PLATS PAGE 89 RE- CORDS OF SAID SNOHOMISH COUNTY SAID POINT HEREIN DESIGNATED AS POINT "A BEGINNING AGAIN AT THE TRUE POINT OF BEGINNING, THENCE SOUTH- ERLY ALONG THE EAST AOUNDARY LINE OF SAID TRACT 23 A DISTANCE OF 25.00 FEET, THENCE WEST- ERLY PARALLEL WITH THE NORTH BOUNDARY LINE OF SAID TRACT 23 A DISTANCE OF 238.80 MORE OR LESS FEET TO A POINT ON THE EAST BOUNDARY LINE OF SAID NELSON ADDITION, THENCE NORTHERLY ALONG SAID EAST BOUNDARY LINE OF NELSON ADDITION A DISTANCE OF 13.00, THENCE WESTERLY PARALLEL WITH THE NORTH BOUNDARY LINE OF SAID TRACT 23 A DISTANCE OF 2.00 FEET MORE OR LESS TO A POINT ON THE ARC OF SAID SIERRA STREET CULDESAC RIGHT OF WAY LINE, THENCE NORTH WESTERLY A LONG THE ARC OF SAID CULDESAC AN ARC LENGTH OF 13.80 FEET MORE OR LESS TO PREVIOUSLY DESIG- NATED POINT "A" AND THE END OF THIS DESCRIPTION. THIS VACATION CONSISTS OF 0.14 ACRES MORE OR LESS. Published: March 31, 2005. RECEIVED APR 0 7 2005 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. 3543 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: March 31, 2005 and that said newspaper was regularly distributed to its subscribers during all of said period. Frincipal Clerk Subscribed and sworn to before me this 31st _ ,� L,�STgM� day of March, 2005 ` ryT \ O N07'Agy �N G �1 Notary Publi a for the State of ashington, residing at Eve tt h mis iC County. _ -77-2008 AZrcbVrTNdh(111qb} �ddrfFQhd4r7l� Account Number: 101416 Order Number: 0001273162