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ORDINANCE NO. <br /> AN ORDINANCE providing for the vacation of <br /> 43d Street from the alley east of Colby to Wetmore <br /> WHEREAS, the City Council of the City of Everett, did by Resolution <br /> No. -H/ , duly adopt and fix the 27th day of August, 1986, at 8:30 a.m. , as <br /> the date for public hearing; and <br /> WHEREAS, due and legal notice of the time and place of said hearing and <br /> 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 statements <br /> and objections to the vacating of the herein described street were heard and <br /> discussed; and <br /> WHEREAS, RCW 35.79.030 authorizes the City to retain an easement in the <br /> street which is vacated; 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 that <br /> the said street resolved to be vacated should be vacated pursuant to the terms <br /> 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 /> All that portion of 43d Street from the northerly projected <br /> east right of way line of the alley in Block 27,Replat of <br /> Blocks 19-28 South Park Addition, according to the plat <br /> thereof, recorded in Volume 8 of Plats, Page 5, records of <br /> Snohomish County, Washington, east to the east section line <br /> of Section 31, Township 29 N, Range 5 E, W.M. <br /> be and the same is hereby vacated pursuant to the conditions set forth in this <br /> ordinance. <br /> Section 2: That the City of Everett shall not be responsible nor liable for <br /> storm drainage runoff resulting from existing drainage patterns as established <br /> on City rights-of-way that may currently, or in the future, go over, under or <br /> across the above described street vacation. <br />