2006/03/01 Council Agenda Packet

10 County, Washington; the northerly line of this vacation being a line from the northeast corner of said Block 247 to the northwest corner of said Block 248, and the southerly line being a line from the southeast corner of said Block 247 to the southwest corner of said Block 248; And all of the alley within said Block 248, 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 rights-of-way that may currently, or in the future, go over, under or across the above described nghts of way herein. Section 3: That this ordinance shall not become effective until the Petitioner as the owner of the property abutting upon the right of ways herein described has compensated the City of Everett the equivalent of the full appraised value of the rights-of-way to be vacated in the amount of One Million Three Hundred Thousand Dollars ($1,300,000.00) for the right of ways being vacated as follows: (1) In kind in the amount of Six Hundred Forty Thousand Dollars ($640,000.00) by Statutory Warranty Deed, in a form acceptable to the City's Real Property Manager, the abutting property owner shall convey the following described property to the City of Everett: Lots 1 thru 5, Block 228 of the Supplemental Plat of Church and La Moure's Addition to Everett, and Lots 28 thru 32, Block 228 of the Supplemental Plat of Church and La Moure's Addition to Everett; and (2) the Petitioner shall pay balance of the value of the rights-of-way to be vacated to the City of Everett in the amount of Six Hundred and Sixty Thousand Dollars ($660,000.00). The Petitioner shall have ninety (90) days following passage of this ordinance to exercise this vacation by fully complying with Section 3 of this ordinance. Unless otherwise amended by City Council, this ordinance shall be null and void if the Petitioner fails to exercise this vacation within ninety(90) days following passage of this ordinance. Section 4: That, subject to the termination provision set forth in Section 9,below, the City of Everett hereby retains an easement to construct, reconstruct, operate, maintain, repair, and replace all utilities under, over, and across said vacated street and alley, as legally described within Section 1 of this ordinance. In the event that Petitioner does not remove and relocate all existing utilities within the easement as set forth in Section 9, below, the City of Everett further retains the right to grant to public and private utilities the right to construct, reconstruct, operate, maintain, repair, and replace existing or proposed utility lines including, but not limited to, cable, telephone, gas, and electrical under, over, and across the property above. The City further retains the right of access across adjoining properties for the purposes set forth herein. 2 66