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<br /> <br /> <br /> <br /> <br /> <br />ORDINANCE NO. 4036-24 <br /> <br />An ORDINANCE providing for the vacation of Larch, Hemlock, and Fir Streets lying south of 12th Street <br />and north of 14th Street in the plat of Baker Heights. <br /> <br />WHEREAS, <br /> <br />A. Everett Housing Authority, owner of the Baker Heights Plat (the “Petitioner”), has petitioned for <br />the vacation of certain rights of way in the City of Everett in connection with its redevelopment <br />of the plat (the “Project”). <br /> <br />B. The City Council, by Resolution No. 7964, established February 7, 2024, at 6:30 p.m. as the date <br />of the public hearing. <br /> <br />C. After holding the public hearing, the City Council determined that the public interest would best <br />be served by granting the petition and vacating the rights of way as provided for in this ordinance, <br />subject to terms and conditions set forth below. <br /> <br />NOW, THEREFORE, THE CITY OF EVERETT DOES ORDAIN <br /> <br />Section 1: <br /> <br />The following described rights-of-way: <br /> <br />THAT PORTION OF LARCH STREET, HEMLOCK STREET, AND FIR STREET ACCORDING TO <br />THE PLAT OF BAKER HEIGHTS, RECORDED IN VOLUME 14 OF PLATS, PAGE 111, RECORDS <br />OF SNOHOMISH COUNTY, WASHINGTON, LYING SOUTHERLY OF 12TH STREET AND <br />NORTHERLY OF 14TH STREET. <br /> <br />CONTAINING 112,587 SQ FT MORE OR LESS <br /> <br />are hereby vacated subject to the following terms and conditions: <br /> <br />A. The City of Everett shall not be responsible nor liable for storm drainage runoff resulting from <br />existing drainage patterns as established on City rights-of-way that may currently, or in the <br />future, go over, under or across the vacated rights of way. <br />B. All City of Everett improvements within the vacated rights-of-way are the property of the <br />Petitioner on a strictly AS-IS basis. With respect to improvements or facilities of other utilities <br />(such as Snohomish County PUD, Puget Sound Energy, Comcast or Ziply) in the vacated rights- <br />of-way, the Petitioner is solely responsible for obtaining any necessary permissions from each <br />utility before any disturbance of that utility’s improvements or facilities. <br />C. Compensation to the City of Everett from the Petitioner for the vacated right-of-way shall be <br />in the form of new right-of-way of equivalent value, dedicated during the first Project phase