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• <br /> • <br /> ORDINANCE NO. 7y`a_8d <br /> AN ORDINANCE providing for the vacation of <br /> the alley West of Grand lying between Everett <br /> Avenue and California Avenue. <br /> WHEREAS, the City Council of the City of Everett did by Resolution No. <br /> 1845 duly adopted and fix the 22nd day of October, 1980, 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 <br /> and determination of said Resolution has been given by the City Clerk in <br /> the 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 alley were heard and <br /> discussed; and <br /> WHEREAS, it now appears to the City Council of the City of Everett <br /> that the portion of said alley resolved to be vacated should be vacated; <br /> NOW, THEREFORE, THE CITY OF EVERETT DOES ORDAIN: <br /> Section 1: <br /> The alley in Block 621, Plat of Everett, Volume 3, Page 32, Records of <br /> Snohomish County, Washington <br /> be and the same is hereby vacated pursuant to the following <br /> conditions: <br /> Section 2: <br /> The City of Everett, its successors or assigns shall not be <br /> responsible or liable for storm drainage runoff' resulting from <br /> existing drainage patterns as established on City rights-of-way that <br /> may now or in the future go over, under, or across the above described <br /> street vacation. <br /> Section 3: <br /> That this ordinance shall not become effective until the owners of the <br /> property abutting upon the alley herein described shall compensate <br /> the City of Everett in an amount equal to one-half the current <br /> appraised value of the area herein described: <br /> Provided, however, should the abutting property owners fail to <br /> exercise this vacation within ninety (90) days following passage, <br /> unless otherwise extended by City Council, the ordinance shall be null <br /> and void. <br /> Section 4: <br /> That the City of Everett retain an easement to construct, operate, <br /> maintain, repair and replace all public utilities under, over and <br /> across the above described vacated alley. <br /> The City of Everett further retains the right to grant to public and <br /> private utilities the right to construct, operate, maintain, repair <br /> and replace utility lines, including but not limited to telephone, gas <br /> and electrical, under, over and across the above described easement. <br />