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1 265.73 feet to the true point of beginning; thence on the arc of a curve to <br /> the right having a radius of 19.16 feet and consuming an angle of <br /> 2 149° 42' 13" for a distance of 150.06 feet to a point of intersection with <br /> the Northeasterly boundary of said Lot "A;" thence angle left 180° to a <br /> 3 line tangent to the said Northeasterly boundary of Lot "A" at said point; <br /> thence on an arc to a curv8 to the right having a radius of 659.43 feet and <br /> 4 consuming an angle of 1 56' 47" for a distance of 22.40 feet; thence <br /> N 22° 35' W tangent to said curve for a distance of 52.05 feet to the <br /> 5 North corner of said Lot "A"; thence S 5° 46' W for a distance of 75.00 <br /> feet to the true point of beginning; all situate in the County of Snohomish, <br /> 6 State of Washington; <br /> 7 <br /> be and the same is hereby vacated pursuant to the conditions set forth in the remainder <br /> 8 <br /> of this ordinance. <br /> 9 <br /> Section 2: The City of Everett, its successors or assigns shall not be respon- <br /> 10 <br /> sible or liable for storm drainage runoff resulting from existing drainage patterns as <br /> 11 <br /> established on City rights-of-way that may currently or in the future go over, under, or <br /> 12 <br /> across the above-described street vacation. <br /> 13 <br /> Section 3: That this ordinance shall not become effective until the owners of <br /> 14 <br /> the property abutting upon the alley herein described shall compensate the City of <br /> 15 <br /> Everett in an amount equal to one-half the current appraised value of the area herein <br /> 16 <br /> described. The abutting property owners shall have ninety (90) days following passage <br /> 17 <br /> of this ordinance to exercise this vacation. The abutting property owner shall <br /> 18 <br /> automatically have the right to an additional 90 day period in which to exercise this <br /> 19 <br /> vacation, but in the event the right to vacate is not exercised in the initial 90 day <br /> 20 <br /> period, the abutting property owner shall be required to compensate the City of Everett <br /> 21 <br /> in addition to the amount provided above, one percent (1%) of the appraised value of <br /> 22 <br /> the property for each month beyond the initial 90 day period that the right to vacate is <br /> 23 <br /> not exercised. Unless otherwise amended by City Council, this ordinance shall be null <br /> 24 <br /> and void if the abutting property owners fail to exercise this vacation within one <br /> 25 <br /> hundred eighty (180) days following passage of this ordinance. <br /> 26 <br /> Section 4: That the City of Everett retain an easement to construct, operate, <br /> 27 <br /> maintain, repair and replace all existing travelways and public utilities under, over, and <br /> 28 <br /> across the property described as the entire vacated portion of Wilmington Avenue lying <br /> 29 between Evergreen Way and 48th Street in the City of Everett, Snohomish County, <br /> 30 State of Washington. <br /> 31 <br /> 32 -2- <br />