Ordinance 2980-07 - Laserfiche WebLink

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 rights of way herein. Section 3: That this ordinance shall not become effective until the Petitioner as the owner of the property abutting upon the right-of-way herein described has compensated the City of Everett for the right-of-way to be vacated through an exchange of property and dedication of new right-of-way as follows: The Petitioner shall convey, in a form acceptable to the City, the following described property to the City of Everett: (1) The west '/2 of lots 14-15-16-17, Block 162 Swalwells 4t Addition to Everett; (2) the east '/2 of lots 14-15-16-17, Block 162 Swalwells 4t Addition to Everett; and (3) the Petitioner shall dedicate new right-of-way to the City from the Petitioner's property abutting the remaining Waverly Avenue right-of-way sufficient to accommodate construction of a new cul-de-sac meeting City of Everett design and construction standards as determined by the City's Traffic Engineer. The Petitioner shall have ninety (90) days following passage of this ordinance to exercise this vacation by fully complying with Section 3 of this ordinance. Unless otherwise amended by City Council, this ordinance shall be null and void if the Petitioner fails to exercise this vacation within ninety (90) days following passage of this ordinance. Section 4: That, subject to the termination provision set forth in Section 9, below, the City of Everett hereby retains an easement to construct, reconstruct, operate, maintain, repair, and replace all utilities under, over, and across said vacated street and alley, as legally described within Section 1 of this ordinance. In the event that Petitioner does not remove and relocate all existing utilities within the easement as set forth in Section 9, below, 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. The City further retains the right of access across adjoining properties for the purposes set forth herein. Section 5: That, until termination of the easement as set forth in Section 9, below, at all times activities conducted in and around the herein described easement shall be conducted so as not to interfere with, obstruct, or endanger the usefulness of any improvements or other facilities now or hereafter maintained upon the easement or in any way interfere with, obstruct, or endanger the City's use of the easement. 2