Ordinance 1481-88 - Laserfiche WebLink

540 ORDINANCE NO. /4111_fl AN ORDINANCE providing for the vacation of 39th Street from alley east of Colby to Wetmore WHEREAS, the City Council of the City of Everett did duly adopt and fix the 18th day of May, 1988, at 8:30 a.m. , as the date for public hearing; and WHEREAS, due and legal notice of the time and place of said hearing and determination of said resolution has been given by the City Clerk in the manner prescribed by law; and WHEREAS, at the time and place fixed for hearing, favorable statements and objections to the vacating of the herein described street were heard and discussed; and WHEREAS, RCW 34.70.030 authorizes the City to retain an easement in the street which is vacated; and WHEREAS, the City Council finds that it would not vacate the street could it not retain an easement; and WHEREAS, it now appears to the City Council of the City of Everett that the said street resolved to be vacated should be vacated pursuant to the terms and conditions of this ordinance. NOW, THEREFORE, THE CITY OF EVERETT DOES ORDAIN: Section 1: That the following described right-of-way: That portion of 39th Street lying between Block 2, Lot 17 and Block 7, Lot 32, Climax Land Companys First Addition to Everett, according to the plat thereof recorded in Volume 4 of Plats, page 21 records of Snohomish County, Washington. • 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 street vacation. 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 owners fail to exercise this vacation within ninety (90) days following passage of this ordinance. Section 4: The City of Everett 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, telephone, gas and electrical, under, over and across the following described property: The North 10 feet of 39th Street between Block 2 and 7, Climax Land Companys First Addition to Everett.