2003/07/09 Council Agenda Packet

5 COMMENCING at the Southwest corner of Lot 45 of said Plat; thence N 2° 06' 47" E along the West line thereof a distance of 27972 feet to the Southeast corner of Lot 7 of Plat of Highland Acres according to the Plat thereof recorded in Volume 11 of Plats, Page 52, Records of Snohomish County, State of Washington; thence S 88° 32' 33" E on the Easterly projection of the South line of said Lot 7 a distance of 2925 feet to a point on the Southwesterly margin of Cady Road and the TRUE POINT OF BEGINNING, said point also being on a curve, the center of which bears N 56° 30' 11" E a distance of 156.40 feet; thence in a Northwesterly direction along the arc of said curve through a central angle of 35° 36" 36" a distance of 97.20 feet; thence N 2° 06' 47" E a distance of 91.45 feet to the beginning of a tangent curve to the right having a radius of 157.15 feet; thence along the arc of said curve through a central angle of 10° 01' 49" a distance of 27.51 feet; thence S 88' 32' 33" E a distance of 40.96 feet to a point on a curve the center of which bears S 74° 08' 24" E a distance of 117.15 feet; thence in a Southwesterly direction along the arc of said curve through a central angle of 13° 44'49" a distance of 117.1 5 feet; thence S 2° 06' 47"W a distance of 91.45 feet to the beginning of a tangent curve to the left having a radius of 116.40 feet; thence along the arc of said curve through a central angle of 35° 36' 36" a distance of 72.34 feet; thence S 56° 30' 11"W a distance of 40.00 feet to the TRUE POINT OF BEGINNING. be and the same is hereby vacated pursuant to the conditions set forth in this ordinance. Section 2: That the City of Everett shall not be responsible nor liable for storm drainage runoff resulting from existing drainage patterns as established on City right-of-way that may currently, or in the future, go over, under or across the above described property in Section 1 herein. Section 3: That this ordinance shall not become effective until the owners of the property abutting upon the right of way herein described have compensated the City of Everett in an amount equal to the full current appraised value of the area herein described. The abutting property owners shall have ninety (90) days following passage of this ordinance to exercise this vacation. Unless otherwise amended by City Council, this ordinance shall be null and void if the abutting property owner(s) fail to exercise this vacation within ninety (90) days following passage of this ordinance. Section 4: That the City of Everett hereby retains an easement to construct, reconstruct, operate, maintain, repair, and replace all utilities under, over, and across the vacated right of way, legally described as follows: 2