2011/06/22 Council Agenda Packet

Section 3: City Liability. The Statutory Warranty Deed shall contain provisions acceptable to the City Attorney that state that the Petitioner releases and shall indemnify, defend, and hold the City harmless from and against any and all costs, liabilities,judgments, liens, damages, penalties, fines, or losses (including without limitation attorney's fees and costs), arising from or relating to any existing site conditions, including without limitation storm drainage runoff or the presence of hazardous substances. The Statutory Warranty Deed shall be fully executed by the Petitioner and the City. Section 4: Compensation. This ordinance shall not become effective until the Petitioner, as the abutting property owner upon the rights-of-way herein to be vacated, have paid for an appraisal and have compensated the City an amount equivalent of the full appraised value of 600 square feet of the rights-of-way to be vacated. Section 5: Effective Date. The Petitioner shall have ninety (90) days following passage of this Ordinance to fully comply with Section 2 and Section 4. Unless otherwise amended by City Council, this Ordinance shall be null and void if the Petitioner fails to fully comply with Section 2 and Section 4 within ninety (90) days following passage of this Ordinance. In no event will this Ordinance become effective before fifteen (15) days after the signing hereof Section 6: Recording. Upon passage of at least fifteen (15) days after the signing of this Ordinance and the full compliance with the conditions set forth in Section 2 and Section 4, this Ordinance shall become effective and shall be recorded within the Snohomish County Auditor's Office. Section 7: Corrections. The City Clerk is authorized to make necessary corrections to this ordinance including, but not limited to, the correction of scrivener's/clerical errors, references, ordinance numbering, section/subsection numbers, and any references thereto. Ray Stephanson, Mayor 3