7431 EVERGREEN WAY 2018-01-01 MF Import

City of �verett Engineer -3- biay 13, 1382 and the applicant in this matter, being a lessee, is unable to deliver the necessary dedication. It is submitted for your consideration that the foreqoing Section "c" regarding dedication has b�en lifted from similar ordinances regarding platting, zoning, sub-division and development of p-op- erty wherein statutes of the State of Washington give to mun�cipal corporations the power to require dedication of property to public uses as a precondition of approval of a development. It shoUld be borne in mind that this matter is the granting of a building permit and the statutes of the state do not empower municipal corporations to require dedication of private property to public uses as a precondition of granting of building permits. Although it is perfectly permissible fur a municipal corporation in the exercise of its police powers for public welfare and the protection of the public health and safety, the requirem e nt that sati neto�theYowne� thereofjgoes beyond pliepexercisehoftsuchpen- police power. In fairness, it should be pointed out that the Public i9orks De- partment of_ the City of Everett has intimated that the inprovement of a car wash upon the subject property would increase traffic on 75th Street. This is a dubious contention and there is no proof of any :cind that should traffi^_ be mo3erately increased by reason of a car wash facility on the subject property at 75th Street as now used and developed would be impacted tu a point where public health and safecy would be endangered. The Constitution of the State of Washington says that private prop- erty shall not b� taken for public use �aithout just compensation. The same is true of the Constitution of the United States. It is respectfully submitted for your consideration that to requi.re the conveyance of private property for public use to the City as a precondition to the issuance of a r�uilding peconstitutesuan unich is already allowed upon the subject property constitutional requirement. In addition, the requirement is impossible]�iipant�isanot bhetowner applicant for the simple reason that the a�p of the property but is merely a lessee and therefore it is eirbitrary and capricious to require a lessee to deliver fee simple title in order to conform to the ordinance. It might be further pointed out that Sectioshall dedicateuaddii-.i�nal ordinance requires that owners of property