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Ordinance 35650006.90000 WSS /gjz 5/17/05 ORDINANCE NO. 3565 AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, VACATING THAT PORTION OF 219TH STREET SW LYING EAST OF 76TH AVENUE WEST AND WEST OF THE TOP FOODS PROPERTY AS SET FORTH IN THE RESOLUTION OF INTENT NO. 1096, AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. WHEREAS, on June 21, 2005 the Edmonds City Council adopted a resolution stating its intent to vacate a portion of 219th Street SW lying east of 76th Avenue West and west of the Top Foods property as described therein, and WHEREAS, certain conditions were set forth therein for the vacation and the staff has reported to the City Council that all such conditions have been met, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. That portion of 219th Street SW lying east of 76th Avenue West and west of the Top Foods property shown on the attached Exhibit A and described in File St -2004- 130, incorporated by this reference as fully as if herein set forth, is hereby vacated subject to the reservation of a surface and sub - surface utility easement for the installation, maintenance, construction and reconstruction of all public utilities as well as utilities of the City's franchisees. Section 2. 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. {WSS600558.DOC;1 /00006.900000/} - 1 - APPROVED: MAY GAR AAKENSON ATTEST /AUTHENTICATED : . Lle - 4.� -f CITY CLERK, SANDRA S. CHASE APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: BY FILED WITH THE CITY CLERK: 09/30/2005 PASSED BY THE CITY COUNCIL: 10/04/2005 PUBLISHED: 10/11/2005 EFFECTIVE DATE: 10/16/2005 ORDINANCE NO. 3565 {WSS600558.DOC;1 /00006.900000/} - 2 - SUMMARY OF ORDINANCE NO. 3565 of the City of Edmonds, Washington On the 4`h day of October, 2005, the City Council of the City of Edmonds, passed Ordinance No. 3565. A summary of the content of said ordinance, consisting of the title, provides as follows: AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, VACATING THAT PORTION OF 219TH STREET SW LYING EAST OF 76TH AVENUE WEST AND WEST OF THE TOP FOODS PROPERTY AS SET FORTH IN THE RESOLUTION OF INTENT NO. 1096, AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. The full text of this Ordinance will be mailed upon request. DATED this 5th day of October, 2005. .✓L - L.�.�Es..r.� CITY CLERK, SANDRA S. CHASE {WSS600558.DOC;1 /00006.900000/} - 3 - Exhibit A Legal Description: All that portion of the 219th St. SW right -of -way lying east of the easterly margin of 76th Ave. W to its eastern terminus, approximately 287 feet from the eastern margin of 76th Ave. W., Pine -land Addition, Re -Plat of portion of tracts 42 and 43, Solner's Five -Acre Tracts, according to the Plat thereof, recorded in volume 13 of Plats, Pages 50 and 51, Records of Snohomish County, Washington. Situate in the County of Snohomish, State of Washington. Vicinity Map: {WSS600558.DOC;1 /00006.900000/ } - 4 - Affidavit of Publication STATE OF WASHINGTON, COUNTY OF SNOHONHSH I S.S. SUMMARY OF ORDINANCE NO. 3565 o t e dy of mon s, Washington On the 4th day of October, 2005, the City Council of the City of Edmonds, passed Ordinance No. 3565. A summary of the content of said ordinance, consisting of the title, provides as follows: AN ORDINANCE OF THE CITY OF EDMONDS, WA- SHINGTON, VACATING THAT PORTION OF 219TH STREET SW LYING EAST OF 76TH AVENUE WEST AND WEST OF THE TOP FOODS PROPERTY AS SET I FORTH IN THE RESOLUTION OF INTENT NO. 1096, AND FIXING A TIME WHEN THE SAME SHALL BE- COME EFFECTIVE. The full text of this Ordinance will be mailed upon request. DATED this 5th day of October, 2005. CITY CLERK, SANDRA S. CHASE Exhibit A Legal Description: that All portion of the 219th St SW right -of -way lying east of the easterly margin of 76th Ave. W to its eastern terminus, approximately 287 feet from the eastern margin of 76th Ave. Pine -land Addition, Re -Plat of portion of tracts 42 and 43,1 Solner's Five -Acre Tracts, according to the Plat thereof, re- corded in volume 13 of Plats, Pages 50 and 51, Records of Snohomish County, Washington. Situate in the County of Snohomish, State of Washington. Published: October 11, 2005. RECEIVED OCT 14 2005 EDMONDS CITY CLERK Account Name: City of Edmonds The undersigned, being first duly swom 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. 3565 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 11, 2005 and that said newspaper was regularly distributed to its subscribers during all of said period. and swom to before me this 11th Account Number. 101416 Order Number. 0001338236