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.41p ' <br /> ORDINANCE NO. 2017-94 Fav EVERETT <br /> AN ORDINANCE providing for the vacation of a portion of 40th Street, west of <br /> Wetmore Avenue. <br /> WHEREAS, the City Council of the City of Everett, did by Resolution No. 3934 duly <br /> adopt and fix the 18th day of May, 1994, at 8:30 A.M., as the date of public hearing; and <br /> WHEREAS, due and legal notice of the time and place of said hearing and <br /> determination of said Resolution has been given by the City Clerk in the manner prescribed by <br /> law; and <br /> WHEREAS, at the time and place fixed for hearing, favorable statements and <br /> objections to the vacating of the herein described street were heard and discussed; and <br /> WHEREAS, the City Council has directed Staff to amend the vacation area to reflect <br /> only that portion of 40th Street east of the current cul-de-sac improvements; and <br /> WHEREAS, the City Council finds it would not vacate the street could it not retain an <br /> easement; and <br /> WHEREAS, it now appears to the City Council of the City of Everett that the said <br /> street resolved to be vacated should be vacated pursuant to the terms and conditions of this <br /> ordinance: <br /> NOW, THEREFORE, THE CITY OF EVERETT DOES ORDAIN: <br /> Section 1: <br /> That the following described right-of-way: <br /> THAT PORTION OF 40TH STREET BETWEEN LOT 17 IN BLOCK 7 AND LOT 32 IN <br /> BLOCK 10, CLIMAX LAND COMPANY'S 1ST ADDITION TO EVERETT, AS PER <br /> PLAT RECORDED IN VOLUME 4 OF PLATS ON PAGE 21, RECORDS OF <br /> SNOHOMISH COUNTY, WASHINGTON, AND LYING WEST OF THE WEST MARGIN <br /> OF WETMORE AVENUE AND LYING EAST OF THE ARC OF A CIRCLE, HAVING A <br /> RADIUS OF 30.5 FEET, THE CENTER OF WHICH CIRCLE IS THE INTERSECTION OF <br /> THE CENTERLINE OF THE ALLEY AS PLATTED IN SAID BLOCKS 7 AND 10, WITH <br /> THE CENTERLINE OF 40TH STREET; <br /> SITUATE IN THE COUNTY OF SNOHOMISH, STATE OF WASHINGTON. <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 <br /> from existing drainage patterns as established on City rights-of-way that may currently, or in <br /> the future, go over, under or across the above described in Section 1 herein. <br />