Ordinance 1922-93 - Laserfiche WebLink

OF A RIGHT-OF-WAY DEDICATION RECORDED UNDER AUDITOR FILE NO. 8604080092; THENCE SOUTH 65°08'21" EAST 14.76 FEET ALONG SAID NORTH LINE TO THE EAST LINE OF SAID 1ST PLACE WEST; THENCE NORTH 00°37'51" EAST 118.00 FEET ALONG SAID EAST LINE TO THE POINT OF BEGINNING; 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 in Section 1 herein. Section 3: That this ordinance shall not become effective until the owners of the property abutting upon the street herein described have compensated the City of Everett in an amount equal to one- half the current appraised value of the area herein described. The abutting property owners shall have ninety (90) days following passage of this ordinance to exercise this vacation. Unless otherwise amended by City Council, this ordinance shall be null and void if the abutting property owner(s) fail to exercise this vacation within ninety (90) days following passage of this ordinance. Section 4: That the City of Everett hereby retains an easement to construct, reconstruct, operate, maintain, repair, and replace all utilities under, over, and across vacated 1st Place West as legally described within Section 1 of this ordinance. 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-described. The City further retains the right of access across adjoining properties for the purposes set forth herein. Section 5: The City Treasurer of the City of Everett is hereby authorized to obtain interim financing which may be in any form permitted by law. Interim financing liabilities shall be paid by the Treasurer as soon as permanent financing monies, from sources as described elsewhere in this ordinance, are received. Section 6: Severability. Prior to any construction, work, or any other activity being conducted in or on the herein easement by anyone other than the City, a notification and plans for the same shall be submitted in writing to the City and no such construction, work, or activity shall be commenced without City's prior written agreement that the proposed construction, work, or