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ORDINANCE NO./ ,/ 90 <br /> AN ORDINANCE providing for the vacation of McDougall Avenue, <br /> 38th to 39th Street, and 39th Street from McDougall Avenue <br /> west to alley west of McDougall. <br /> WHEREAS, the City Council of the City of Everett, did by Resolution <br /> No.a5717dp, duly adopt and fix the 14th day of December, 1988, at 8:30 a.m. as <br /> the date of public hearing; and <br /> WHEREAS, due and legal notice of the time and place of said hearing <br /> and determination of said resolution has been given by the City Clerk in the <br /> manner prescribed by law; and <br /> WHEREAS, at the time and place fixed for hearing, favorable <br /> statements 'and objections to the vacating of the herein described street were <br /> heard and discussed; and <br /> WHEREAS, the City Council finds that it would not vacate the street <br /> could it not retain an easement; and <br /> WHEREAS, it now appears to the City Council of the City of Everett <br /> that said street resolved to be vacated should be vacated pursuant to the <br /> terms and conditions of this ordinance; <br /> NOW, THEREFORE, THE CITY OF EVERETT DOES ORDAIN: <br /> Section 1: That the following described right-of-way: <br /> McDougall Avenue, 38th to 39th Street and 39th Street from McDougall <br /> west to alley west of McDougall Avenue, and more fully described as: <br /> All that portion of 1) McDougall Avenue lying southerly of the south <br /> line of 38th Street and northerly of the westerly right-of-way line <br /> of Interstate 5 and, 2) 39th Street lying westerly of the west <br /> right-of-way line of Interstate 5 and easterly of the east line of <br /> the alley in Block 23, Plat of J.S. Sines ACRE TRACTS as recorded in <br /> Volume 4 Plats, at page 11 Official Records of the Snohomish County <br /> Auditor's Office, State of Washington <br /> is hereby vacated pursuant to the conditions set forth in this ordinance. <br /> Section 2: That the City of Everett shall not be responsible nor <br /> liable for storm drainage runoff resulting from existing drainage patterns as <br /> established on City right-of-way that may currently, or in the future, go <br /> over, under or across the above described in Section 1 herein. <br /> Section 3: That this ordinance shall not become effective until the <br /> owners of the property abutting upon the street herein described have <br /> compensated the City of Everett in an amount equal to one-half the current <br /> appraised value of the area herein described. The abutting property owners <br /> shall have ninety (90) days following passage of this ordinance to exercise <br /> this vacation. Unless otherwise amended by City Council, this ordinance <br />