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Thence South 89° 40' 00" West along said south section line and margin, <br /> a distance of 665.55 feet to the ordinary high water line on the easterly <br /> bank of the Snohomish River; <br /> Thence North 28° 42' 41" West, along said ordinary high water line, a <br /> distance of 45.46 feet to a point which is 40 feet northerly of, when <br /> measured perpendicular to, said south line of said section; <br /> Thence North 89° 40' 00" East parallel to said south section line, a <br /> distance of 687.16 feet; <br /> Thence South 0° 20' 00" East, a distance of 40.00 feet to the Point of <br /> Beginning. <br /> be and the same is hereby vacated pursuant to the conditions set forth in this <br /> ordinance. <br /> Section 2: <br /> That the City of Everett shall not be responsible nor liable for storm drainage runoff <br /> resulting from existing drainage patterns as established on City right-of-way that may <br /> currently, or in the future, go over, under or across the above described property in <br /> Section 1 herein. <br /> Section 3: <br /> That this ordinance shall not become effective until the City of Everett Public Works <br /> Department, Sewer Division has compensated the City of Everett Real Property <br /> Acquisition Fund in an amount equal to the full current appraised value of the area <br /> herein described. The City of Everett Public Works Department, Sewer Division shall <br /> have ninety (90) days following passage of this ordinance to exercise this vacation. <br /> Unless otherwise amended by City Council, this ordinance shall be null and void if the <br /> City of Everett Public Works Department, Sewer Division fails to exercise this vacation <br /> within ninety (90) days following passage of this ordinance. <br /> Section 4: <br /> That the City of Everett hereby retains an easement to construct, reconstruct, operate, <br /> maintain, repair, and replace all utilities under, over, and across the vacated right of <br /> way, legally described as follows: <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 4th St. SE; <br /> 2 <br />