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• <br /> etaji <br /> *gar? <br /> � a <br /> ORDINANCE NO. 2157-96 <br /> AN ORDINANCE providing for the vacation of a portion of the Alley South of 39th Street, West <br /> of Hoyt Ave. & East of Rucker Ave., Everett WA. <br /> WHEREAS, the City Council of the City of Everett, did by Resolution No. 4277 duly adopt and fix <br /> the 26th day of June at 8:30A.M., as the date of public hearing; and <br /> WHEREAS, due and legal notice of the time and place of said hearing and determination of said <br /> Resolution has been given by the City Clerk in the manner prescribed by law; and <br /> WHEREAS, at the time and place fixed for hearing, the issues were publicly presented; and <br /> WHEREAS, the City Council finds it would not vacate the alley could it not insure that traffic <br /> circulation would be able to continue through the portion of the alley not vacated; and <br /> WHEREAS, it now appears to the City Council of the City of Everett that the said alley resolved to <br /> be vacated should be vacated pursuant to the terms and conditions of this ordinance: <br /> NOW, THEREFORE, THE CITY OF EVERETT DOES ORDAIN: <br /> Section 1: <br /> That the following described rights-of-way: <br /> legally shown on the attached EXHIBIT "A" <br /> be and the same is hereby vacated pursuant to the conditions set forth in this ordinance. <br /> Section 2: <br /> That the City of Everett shall not be responsible nor liable for storm drainage runoff resulting from existing <br /> drainage patterns as established on City rights-of-way that may currently, or in the future, go over, under or <br /> across the above described in Section 1 (EXHIBIT "A") herein. <br /> Section 3: <br /> That this ordinance shall not become effective until the owners of the property abutting upon the alley herein <br /> described have compensated the City of Everett by the dedication to the City of property to create an L <br /> shaped alley as described in Exhibit B" and by the payment to the City of the difference in value between <br /> the property proposed to be vacated as shown in Exhibit "A" less the area of theroperty proposed to be <br /> dedicated as shown in Exhibit "B". Said value shall be established by the City ofEverettbased upon an <br /> appraisal acceptable to the City of Everett dated within six months of payment of said value. The abutting <br /> property owners shall 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 abutting property <br /> owner(s) fail to exercise this vacation within ninety (90) days following passage of this ordinance. <br />