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Resolution 058RESOLUTION WHEREAS, on or about September 5th, 1961, Mr. CHRIS SALAMONSEN, d/b /a CHRIS SALAMONSEN, Builder, of Edmonds, Washington, did commence the construction of a ten unit apartment building on the east side of Fifth Avenue, in the City of Edmonds, more specifically on that property located at 1123 - Fifth Avenue South in said City; and WHEREAS, said building was being constructed pursuant to a valid building permit issued by the City of Edmonds, and WHEREAS, in the course of construction, through inadvertence, said building was caused to encroach upon the public right of way at the juncture of the west end of the apartment house and the east line of the public right of way, the extent of such encroachment being three inches, more or less, into the public right of way, and builder, WHEREAS, the City desires to avoid working an undue haxbhip upon said NOW., THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDMONDS: 1. The City of Edmonds hereby grants, solely to the said builder and/or his assigns, the permissive use of the said property upon which the said encroach- ment now, this day, exists, which space is some three inches, more or less, into the aforesaid public right of way on Fifth Avenue South at or near 1123 - Fifth Avenue South, Edmonds, Snohomish County, Washington. 2. In the event of the destruction, by fire or otherwise, of a substantial portion of saidq)artment building, the said builder and/or his assigns, shall be then obligated to cause said building, if rebuilt, to conform to the property line. 3. Further, the City in no way purports by this resolution to convey, grant, or otherwise transfer any interest in said public right of way to the said Chris Salamonsen, the builder herein, or his assigns, save the permissive use of such property so long as such apartment building, now near completion, shall stand undestroyed. DATED at Edmonds, Washington, this day of September, 1961. GORDON MAXWELL, Mayor ATE ST: IRENE VARNEY MCgLKN, City Clerk 1.03���/