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&7T <br /> ORDINANCE NO. 2687-03 <br /> AN ORDINANCE providing for the partial vacation of <br /> 4 h Street SE on Smith Island <br /> WHEREAS, the City Council of the City of Everett, did by Resolution No. 5320 <br /> duly adopt and fix the 23rd day of April, 2003 at 8:30a.m., as the date of public hearing; <br /> and <br /> WHEREAS, due and legal notice of the time and place of said hearing has been <br /> 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 <br /> presented; and <br /> WHEREAS, the City Council finds it would not vacate the right-of- way if a utility <br /> easement could not be retained; and <br /> WHEREAS, the City initiated said right of way vacation by Resolution No. 5320 <br /> after the City of Everett's adoption of Resolution No. 5083 amending the compensation <br /> requirements for right of way vacations; and <br /> WHEREAS, it now appears to the City Council of the City of Everett that the said <br /> right-of-way resolved to be vacated should be vacated pursuant to the terms and <br /> conditions of this ordinance; <br /> NOW, THEREFORE, THE CITY OF EVERETT DOES ORDAIN: <br /> Section 1: <br /> That the following described right-of-way: <br /> A portion of that parcel of land conveyed by the State of Washington Department of <br /> Public Lands to Snohomish County for road purposes by right of way easement filed in <br /> volume 393, page 216, records of Snohomish County, Washington. Said parcel lying <br /> easterly of 1-5 right-of-way within Government Lot 11 , Section 16, Township 29 North, <br /> Range 5 East, W.M. more particularly described as follows: <br /> Beginning at a point lying 828.05 feet west of the found monument for <br /> the south quarter corner of said Section 16, as shown on that certain <br /> record of survey map filed under auditor's file number 200302045001 , <br /> records of said county. Said point being on the south line of said Section <br /> 16, and the south margin of said 4`h St. SE; <br />