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ORDINANCE NO. g3 4FZ <br /> AN ORDINANCE providing for the vacation <br /> of the alley East of Colby, 39th Street to <br /> 40th Street. <br /> WHEREAS, the City Council of Everett did by Resolution No. 2021 duly <br /> adopt and fix the 20th day of January, 1982, at 7:00 p.m., as the date for public <br /> 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 <br /> and objections to the vacating of the herein described alley were heard and <br /> discussed; and <br /> WHEREAS, it now appears to the City Council of the City of Everett <br /> that the said alley resolved to be vacated should be vacated; <br /> NOW, THEREFORE, THE CITY OF EVERETT DOES ORDAIN: <br /> Section 1: The alley lying East of Colby, 39th Street <br /> to 40th Street, within Block 7, Climax Land Company's First Addition to <br /> Everett, according to the plat thereof recorded in Volume 4 of Plats, page 21, <br /> records of Snohomish County, Washington <br /> be and the same is hereby vacated pursuant to the conditions set forth in the <br /> remainder of this ordinance. <br /> Section 2: The City of Everett, its successors or assigns shall not be <br /> responsible or liable for storm drainage runoff resulting from existing drainage <br /> patterns as established on City rights-of-way that may currently or in the future <br /> go over, under, or across the above-described street vacation. <br /> Section 3: That this ordinance shall not become effective until the <br /> owners of the property abutting upon the alley herein described shall compensate <br /> the City of Everett in an amount equal to one-half the current appraised value <br /> of the area herein described. The abutting property owners shall have ninety <br /> (90) days following passage of this ordinance to exercise this vacation. Unless <br /> otherwise amended by City Council, this ordinance shall be null and void if <br /> the abutting property owners fail to exercise this vacation within ninety (90) <br /> days following passage of this ordinance. <br />