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#:/%cAm <br /> RESOLUTION NO. 5083 <br /> A RESOLUTION concerning compensation for the vacation <br /> of streets and alleys, amending Resolution No. 3147 <br /> WHEREAS, the 2001 State Legislature amended the State law concerning compensation <br /> to be paid municipalities when public right-of-way is vacated; and <br /> WHEREAS, RCW 35.79.030 has generally required that compensation not exceed one- <br /> half the appraised value of the area vacated. This is reflected in Resolution No. 3147 <br /> which generally limits the amount of compensation to be paid to the City to one half the <br /> appraised value of the area vacated; and <br /> WHEREAS, through the adoption of Chapter 202, 2001 Laws, the State Legislature has <br /> authorized the amount of compensation to be increased to the full appraised value in <br /> certain situations; and <br /> WHEREAS, the intent of this resolution is to amend Resolution No. 3147 to make it <br /> consistent with the recent change in State law; <br /> NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE <br /> CITY OF EVERETT: <br /> Section 1: Section 1 of Resolution No. 3147 which reads as follows: <br /> Ordinances vacating any street, alley or any portion thereof pursuant to the provisions of <br /> Chapter 35.79 RCW shall provide that the ordinance shall not become effective until the <br /> owners of property abutting upon the street, alley or any portion thereof so vacated, shall <br /> pay to the City one-half the appraised value of the area so vacated. However, in the event <br /> the street, alley or portion thereof was acquired at public expense, then the compensation <br /> provided shall be the full appraised value of the area so vacated. <br /> BE AND THE SAME IS HEREBY AMENDED TO READ AS FOLLOWS: <br /> Ordinances vacating any street, alley or any portion thereof pursuant to the provisions of <br /> Chapter 35.79 RCW shall provide that the ordinance shall not become effective until the <br /> owners of property abutting upon the street, alley or any portion thereof so vacated, shall <br /> pay to the City one-half the appraised value of the area so vacated. Provided, if the street <br /> or alley has been part of a dedicated public right-of-way for twenty-five years or more, <br /> then the compensation shall be in an amount that does not exceed the full appraised value <br /> of the area vacated. One-half of the revenue received as compensation for the area <br />