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• <br /> ORDINANCE NO. 2971-07 <br /> AN ORDINANCE providing for the vacation of portions of 12th Street, <br /> 13th Street, and 14th Street lying west of West Marine View Drive at the Everett <br /> Marina. <br /> WHEREAS,the Port of Everett(the".Petitioner")did petition for the vacation of certain <br /> rights-of-way in the City.nd the City Council of the City of Everett did,by Resolution No.5835, <br /> duly adopt and fix the 13 day of December,2006 at 8:30A.M. as the date of public hearing;and . <br /> • <br /> WHEREAS,due and legal notice of the time and place of said hearing and determination <br /> of said Resolution has been given by the City Clerk in the manner prescribed by law;and <br /> WHEREAS, at the time and place fixed for hearing,the issues were publicly presented; <br /> and <br /> WHEREAS,the City Council finds it would not vacate said rights of way if it did not <br /> retain easements for utilities in said rights of way to be vacated, as provided for in this <br /> Ordinance; and <br /> WHEREAS, Resolution No. 3147, as amended by Resolution No. 5083, requires that <br /> ordinances vacating any street, alley or portion thereof pursuant to the provisions of Chapter <br /> 35.79 RCW shall not become effective until the owners of the property abutting upon the street, <br /> alley,or any portion thereof so vacated provides full compensation to the City for the area being <br /> vacated;and <br /> WHEREAS,the City Council finds that it is in the best interests of the City to allow a <br /> deferral of the payment of compensation owed for the right of way being vacated by this <br /> Ordinance for a period of up to (30)months from the date this Ordinance is recorded with <br /> the Office of the Snohomish County Auditor;and <br /> WHEREAS,it now appears to the City Council that the said rights of way resolved to be <br /> vacated should be vacated pursuant to the terms and conditions of this Ordinance; <br /> 39 <br />