SNOHOMISH COUNTY COUNCIL Snohomish Count

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Placed on 5/5/2021
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SNOHOMISH COUNTY COUNCIL Snohomish County, Washington NOTICE OF INTRODUCTION OF ORDINANCE AND NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN, that the Snohomish County Council will hold a public hearing on May 19, 2021, at the hour of 10:30 a.m., via Zoom to consider proposed Ordinance No. 21-022. A summary is as follows: Note: Due to the COVID-19 state of emergency, Snohomish County Council public hearings are being held remotely. Up-to-date hearing information are available on the Council’s Agenda, Meeting, and Legislation webpage(https://snohomish.legistar.com); or contact the Council Clerk at 425-388-3494, or email at contact.council@snoco.org. Zoom Webinar Information: Join online at https://zoom.us/j/94846850772 or by telephone call to 1-253-215-8782 or 1-301-715-8592. Meeting ID: 948 4685 0772. Background: Petitioners, Solstice Management, LLC and JERD Investments, LLC, submitted Vacation Petition Request # 18 121028 RWE to vacate a portion of dedicated County road right-of-way, 119th St SW located in the NE ¼ of the NE ¼ Section 27 Township 28 N Range 3 East, W.M. The County Engineer’s Report recommends vacation provided Petitioners pay expenses and compensation as required by law. ORDINANCE NO. 21-022 AN ORDINANCE VACATING A PORTION 119TH ST SW SNOHOMISH COUNTY ROAD RIGHT-OF-WAY Section 1. The Council adopts and incorporates the foregoing recitals as findings as if set forth fully herein. Section 2. The County Council finds that the county road right-of-way described in Exhibit A and depicted in Exhibit B, both attached and incorporated by reference into the Ordinance is useless for county road purposes and the public will be benefitted by their vacation. Section 3. The county road right-of-way described and depicted in the attached exhibits are vacated upon satisfaction of the terms and condition contained in the ordinance. Section 4. Under chapter 36.87 RCW and chapter 13.100 SCC, the vacation of the county road right-of-way granted herein shall not take effect unless within one year of the date this ordinance is passed by council, Solstice Management, LLC and JERD Investments, LLC, have paid for the itemized costs and expenses of the proceedings enumerated by the Department of Public Works under SCC 13.100.070. Section 5. Under chapter 36.87 RCW and chapter 13.100 SCC, the vacation of the county road-right-of-way granted herein shall not take effect unless within one year of the date this ordinance is passed by the council, Solstice Management, LLC and JERD Investments, LLC, have paid the county for the value of the road-right-of way vacated according to the schedule set forth in SCC 13.100.080. Here, the road right-of-way is classified as Class C under SCC 13.100.040(7) and Solstice Management, LLC and JERD Investments, LLC must pay to the County 50% of the appraised value of the vacated road right-of-way. Section 6. The county shall retain an easement rights in the vacated right-of-way for utilities and for the benefit of the county for the construction, repair and maintenance of public utilities and services within the right-of-way as provided in RCW 36.87.40 and SCC 13.100.100. Section 7. The Petitioner, JERD Investments, LLC, shall grant and record an access easement to Lot 126 of the Plat of Paine Field No. 3 (PPF3) over the north 20 feet of the south half of the vacated ROW, and Lot 125 PPF3 over the north 20 feet of the south half of the vacated ROW adjacent to Lot 124 PPF3. Section 8. Upon the county council clerk receiving confirmation from the Department of Public Works that Solstice Management, LLC and JERD Investments, LLC have made timely and full payment as required by chapter 36.87 RCW and chapter 13.100 SCC, this ordinance can become effective. In the event Solstice Management, LLC and JERD Investments, LLC fails to make payment of the compensation required within one year of the date this ordinance is passed by council, this ordinance shall automatically become void and have no further force or effect. At the hearing, the Council may also consider alternatives/ amendments to the proposed ordinance. Where to Get Copies of Proposed Ordinance: Copies of the proposed ordinance and related documentation may be requested by calling the Snohomish County Council Office at (425) 388-3494, 1-800-562-4367 x3494, TDD 1-800-877- 8339, or e-mail ContactCouncil@snoco.org. While the Council office is closed due to the emergency response to COVID-19, copies will not be available for pickup until the office reopens. Website Access: The ordinance can also be accessed through the County Council's internet website at: https://www.snohomishcountywa.gov/2134/Council-Hearings-Calendar. Public Testimony: All interested persons may provide public testimony by remote participation. Written testimony is encouraged and may be sent to Snohomish County Council, 3000 Rockefeller Avenue, M/S 609, Everett, WA 98201; fax to 425 388-3496 or e-mail to contact.council@snoco.org. Submitting testimony 24 hours prior to the hearing will ensure that testimony is provided to the Council and appropriate staff in advance of the hearing. (Note: All public testimony are public records and may be subject to disclosure pursuant to RCW Chapter 42.56. Any contact information you provide, including address, e-mail address, and phone number, will be available to the public on the Council’s website.) American Disabilities Act Notice: For hearings held in the Council Board Room, accommodations for persons with disabilities are available upon request. Please make arrangements one week prior to the hearing by calling Elena Lao at 425-388-3494, 1-800-562-4367 x3494, TDD 1-800-877-8339, or e-mail elena.lao@snoco.org. Dated this 28th day of April, 2021. SNOHOMISH COUNTY COUNCIL Snohomish County, Washington /s/ Stephanie Wright Stephanie Wright, Council Chair ATTEST: /s/ Elena Lao Asst. Clerk of the Council 143686 Published: May 5, 12, 2021. EDH926447
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