Resolution 1419RESOLUTION NO. 1419
A RESOLUTION OF THE CITY OF EDMONDS,
WASHINGTON, STATING ITS INTENT TO VACATE A
PORTION OF 92ND AVENUE WEST LYING SOUTH OF
A PORTION OF EXCELSIOR PLACE ADJACENT TO
THE PROPERTY ADDRESSED AT 19511 94TH PLACE
WEST UPON THE FULFILLMENT OF CERTAIN
CONTIONS.
WHEREAS, on August 21, 2018, the Edmonds City Council adopted resolution
No. 1371 establishing a public hearing on a proposed street vacation, File No.
PLN20180021; and
WHERES, a public hearing on the proposed street vacation was held on September
25, 2018 and continued to October 2, 2018; and
WHEREAS, the subject right-of-way was originally acquired pursuant to
dedication and not at public expense; and
WHEREAS, the City Council finds and determines that the vacation is in the public
interest, and that no property will be denied access as a result of the vacation; and
WHEREAS, public utilities consisting of sewer and water lines are located within
the proposed street vacation area; and
WHEREAS, the City Council finds it necessary to retain an easement allowing the
continuing use, repair and maintenance of the City's water and sewer facilities; NOW,
THEREFORE,
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON,
HEREBY RESOLVES AS FOLLOWS:
Section 1. The city council hereby states its intent to vacate by ordinance that
portion of Excelsior Place that lies adjacent to and north of the property addressed at 19511
— 94t" Place West as shown on the attached Exhibit A and further described in File No.
1
PLN20180021, which are incorporated by this reference as fully as if herein set forth as
long as the following conditions are met within ninety (90) days:
1. A street vacation ordinance shall be brought to city council for consideration and
action, which shall retain for the City of Edmonds a public utility easement for the
installation, construction, operation, maintenance, repair, reconstruction and/or
replacement of the water and sewer systems and necessary appurtenances, over,
across, through, and below the subject Excelsior Place right-of-way to be vacated.
2. The applicants shall convey and deliver to the City for future recording, a utility
access and emergency vehicle turn -around shall be constructed to City standards in
a location to be agreed upon by the property owners, the City Engineering Division,
and South County Fire for the benefit of the City of Edmonds and South County
Fire.
3. The applicants shall convey and deliver to the City for future recording, a private
access easement for the benefit of all lots with frontage on the vacated portion of
Excelsior Place.
4. The applicants shall convey and deliver to the City for future recording, an
emergency access easement in a location to be agreed upon by the property owners,
the City Engineering Division, and South County Fire for the benefit of South
County Fire. Additionally, a covenant shall be executed and delivered to the City
to be recorded against the properties that comprise the proposed lot line adjustment
requiring the construction of an emergency access road within the easement
consistent with South County Fire's Fire Lane Standards. The covenant shall
provide that construction of the emergency access road will be a condition of
building permit approval in the event that an additional single family residence is
proposed to be constructed and take primary or secondary access from any portion
of the area to be vacated.
Section 2. If the applicants fail to deliver the easements referenced in sub-
paragraphs 1.2, 1.3 and 1.4, and the covenant referenced in sub -paragraph 1.4, above,
within ninety (90) days of the date of adoption of this resolution, then this resolution shall
become null and void.
2
RESOLVED THIS 16t" DAY OF OCTOBER, 2018.
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MAYOR DAVE EARLING
ATTEST:
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CLERK, S ' PASSEY
FILED WITH THE CITY CLERK: October 12, 2018
PASSED BY THE CITY COUNCIL: October 16, 2018
RESOLUTION NO. 1419
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A PORTION OF THE S.E. 1 /4 OF THE S.E. 1 /4 OF
SECTION 13, T.27N., R.3E., W.M.
SNOHOMISH COUNTY, WASHINGTON
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S.W. COR. GOV'T LOT 4
SECTION COR. 18-27-4
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Attachment 4