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Section 2: <br /> That the City of Everett shall not be responsible nor liable for storm drainage runoff resulting <br /> from existing drainage patterns as established on City rights-of-way that may currently, or in the <br /> future, go over, under or across the above described in Section 1 herein. <br /> Section 3: <br /> That this ordinance shall not become effective until the owners of the property abutting upon the <br /> street/alley herein described have dedicated to the City of Everett by statutory warranty deed the <br /> following described real property: <br /> The South 20 feet of the North half of the North half of the South half of the <br /> Southeast quarter of the Northeast quarter of Section 19, Township 28 North, <br /> Range 5 East, W.M., lying East of 16th Avenue S.E. and West of 19th Avenue <br /> S.E., Less any portion thereof previously deeded for public right of way purposes <br /> , and by the payment to the City of one half(1/2)the difference in value between the property to <br /> be vacated as described in Section 1, above, and the property to be dedicated as described in <br /> Section 3, herein. Said value shall be established by the City of Everett based upon an appraisal <br /> acceptable to the City of Everett dated within six months of payment of said value. The abutting <br /> property owners shall have ninety (90) days following passage of this ordinance to exercise this <br /> vacation. Unless otherwise amended by City Council, this ordinance shall be null and void if the <br /> abutting property owner(s) fail to exercise this vacation within ninety (90) days following <br /> passage of this ordinance. <br /> Section 4: <br /> That this ordinance shall not become effective until the owners of the property abutting the <br /> portion of the alley to be vacated as described herein have relocated or provided easements for <br /> all utilities within the vacated right of way. <br /> Section 5: <br /> If any provision of this ordinance shall be declared unconstitutional or invalid by any court of <br /> competent jurisdiction, it shall be conclusively presumed that this ordinance would have been <br /> enacted without the provision so held unconstitutional or invalid and the remainder of this <br /> ordinance shall not be affected as a result of said part being held unconstitutional or invalid. <br /> Section 6: <br /> That all moneys derived from the sale of the above-described right-of-way vacation shall be <br /> deposited in the "Real Property Acquisition Fund." <br /> 2 <br />