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8 '. <br /> STAFF REPORT TO CITY COUNCIL <br /> ON THE PROPOSED VACATION OF <br /> Portion of Main Street lying east of S. 2"d Ave <br /> September 7, 2005 <br /> The proposed vacation area is all of that portion of Main Street lying east of S. 2"d Avenue and <br /> adjacent to Blocks 19 and 22, Plat of the Town of Lowell, according to the plat thereof, recorded <br /> in Volume 1 of Plats, Page 11, records of Snohomish County, Washington, except that portion of <br /> Main Street vacated by Snohomish County on February 25, 1952 . <br /> The proposed vacation area contains an area of approximately 7,500 square feet that is zoned B-2 <br /> Community Business. <br /> FINDINGS OF FACT AND CONCLUSIONS OF LAW: <br /> FINDING: R.C.W. 35.79.010 provides for the legislative authority to initiate by <br /> resolution the vacation of said right-of-way, and provides that the legislative <br /> authority shall fix a time and date for said vacation request to be heard. <br /> CONCLUSION: A resolution was adopted by the legislative authority, and 8:30 A.M. <br /> September 7, 2005 was set as the time and date for said vacation request to be <br /> heard. <br /> FINDING: R.C.W. 35.79.020 requires the City Clerk to give twenty (20) days notice of <br /> pendency of said hearing on the petition by written notice posted in three (3) <br /> of the most public places in the City, and a like notice to be posted in a <br /> conspicuous place on the right of way to be vacated. In addition to the posted <br /> notices as described above, notice by mail was also provided to owners of land <br /> abutting said street proposed for vacation. <br /> CONCLUSION: Said notices were posted and mailed as required. <br /> FINDING: R.C.W. 35.79.030, in part, allows the City the right to retain an easement, or <br /> to exercise and grant easements in respect to the vacated land for the <br /> construction, repair, and maintenance of public utilities and services. <br /> CONCLUSION: An easement for existing water and sewer lines will be retained over the right <br /> of way being vacated. In addition, an easement over the north 30 feet will be <br /> retained for pedestrian bridge and utility purposes. <br /> FINDING: Resolution 3147, provides the vacated right-of-way may be exchanged for <br /> property and or property rights. <br /> 39 <br />