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3/ <br /> 4 <br /> ORDINANCE NO. // ' - 5 — <br /> AN ORDINANCE providing for the vacation of Dakota Avenue lying south <br /> of Hewitt Avenue and lying west of Virginia Avenue. <br /> WHEREAS, the City Council of the City of Everett did, by Resolution No. <br /> 253 , duly adopt and fix the 6th day of March 1985, at 8:30 a.m., as the <br /> 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 manner <br /> prescribed by law; and <br /> WHEREAS, at the time and place fixed for hearing, favorable statements and <br /> objections to the vacating of the herein described street were heard and discussed; <br /> 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 could it <br /> not retain an easement; and <br /> WHEREAS, it now appears to the City Council of the City of Everett that the <br /> said street resolved to be vacated should be vacated pursuant to the terms and <br /> conditions of this ordinance; <br /> NOW, THEREFORE, THE CITY OF EVERETT DOES ORDAIN: <br /> Section 1: That the following described right-of-way: <br /> That portion of Dakota Avenue lying south of Block 690, Plat of <br /> Everett Division 1, according to the plat thereof recorded in Volume <br /> 4 of Plats, Page 25, Records of Snohomish County, lying west of <br /> the southerly projection of the west right-of-way line of Virginia <br /> Avenue adjacent to said BLock 690, Plat of Everett Division 1; <br /> and lying north of the south line of Section 20, Township 29 North, <br /> Range 5 East, 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 on <br /> City rights-of-way that may currently, or in the future, go over, under or across <br /> the above-described street vacation. <br /> 1 <br />