2012/09/05 Council Agenda Packet

12 z ORDINANCE NO. AN ORDINANCE providing for the vacation of all of that portion of Chestnut Street lying between Block 396 and Block 397, and all of that portion of 17th Street lying between the east right of way line of Chestnut Street and the east right of way line of the alley in Block 325, Plat of Riverdale Addition to Everett, according to the plat thereof,recorded in Volume 10 of Plats, Page 45, records of Snohomish County. WHEREAS,the City Council of the City of Everett, did by Resolution No. 6516 initiate the proposed vacation and fix the 8 day of August, 2012 at 6:30P.M., as the date of public hearing; and WHEREAS, after properly holding a public hearing providing for the public's comments,the City Council determined that the public interest would best be served by vacating the rights-of-way, but retaining an easement over a portion of the vacated rights-of-way for future utility purposes, as provided for in this ordinance; and NOW,THEREFORE, THE CITY OF EVERETT DOES ORDAIN: . Section 1: Vacation. Subject to the reservation of the Easement described in Section 2,the following described rights- of-way; All of that portion of Chestnut Street lying between Block 396 and Block 397, and all of that portion of 17th Street lying between the east right of way line of Chestnut Street and the east right of way line of the alley in Block 325, Plat of Riverdale Addition to Everett, according to the plat thereof, recorded in Volume 10 of Plats,Page 45, records of Snohomish County, is hereby vacated pursuant to the conditions set forth in this ordinance. Section 2: Easement. Expressly limiting the vacation provided in Section 1, the City ofIverett hereby retains an easement for utility purposes under, over, and across said vacated 17 Street and the east thirty (30) feet of Chestnut Street, to construct, reconstruct, operate, maintain, repair, and replace all utilities. Page 1 of 2 114