Ordinance 1453-88 - 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 property described in Section 1 herein. Section 3: That the owners of the property abutting upon the alley herein described shall, as consideration, grant a Statutory Warranty Deed for Municipal Purposes, to the City of Everett, on a standard form, the following described property: Those portions of Lots 5 through 11, Block 11, Climax Land Company's First Addition to Everett, as per plat recorded in Volume 4 of Plats, page 21, records of Snohomish County, Washington, AND those portions of Lots 11 through 16, Block 11, plat of South Park Addition, as per plat recorded in Volume 7 of Plats, page 43, records of said County, lying within a strip of land 16.00 feet in width, lying westerly of and adjoining the following described line: Beginning at a point on the easterly line of the alley through said Block 11 of Climax Land Company's First Addition that bears N 0000'29" W 29.00 feet from the westerly corner common to Lots 26 and 27 of said Block 11; thence southerly along the arc of a curve of which the radius center bears S 89°59'31" W 65.00 feet, an arc distance of 46.60 feet through a central angle of 41004'31" ; thence continue southerly along the arc of a curve of which the radius center bears S 48055'58" E 56.88 feet an arc distance of 40.77 feet through a central angle of 41004'31"; thence S 0°00'29" E 208.95 feet to the South line of said Lot 16. This ordinance shall not become effective until the owners of the property abutting upon the alley herein described have executed said deed to the City of Everett as required herein. 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 owner(s) fail to exercise this vacation within ninety (90) days following passage of this ordinance. Section 4: That the City of Everett hereby retains an easement to construct, reconstruct, operate, maintain, repair and replace all utilities under, over and across the above described vacation. 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 telephone, gas and electrical, under, over and across the property above-described. The City further retains the right of access across adjacent properties for the purposes descibed herein. Section 5: That at all times all activities conducted in and around the herein described easement shall be conducted so as not to interfere with, obstruct or endanger the City's use of the easement.