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• <br /> 0 <br /> ORDINANCE NO. 45-. <br /> AN <br /> AN ORDINANCE providing for the vacation of a portion <br /> of Index Avenue lying West of South 3rd Avenue and <br /> East of Interstate 5. <br /> WHEREAS, the City Council of the City of Everett did by Resolution <br /> Nos. 1542 and 1552 duly adopted and fix the 29th day of November, 1978, <br /> at 10:00 a.m. and the 20th of December at 7:00 p.m, respectively, for <br /> public hearings; and <br /> WHEREAS, due and legal notice of the time and place of said hearings <br /> and determination of said Resolutions 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 street were heard <br /> and discussed; and <br /> WHEREAS, it now appears to the City Council of the City of Everett that <br /> the portion of said street resolved to be vacated should be vacated; <br /> NOW, THEREFORE, THE CITY OF EVERETT DOES ORDAIN: <br /> Section 1: <br /> All that portion of Index Avenue lying East of the East margin <br /> of Interstate 5 and lying between Blocks 8 and 9, Lowell Division <br /> "A", according to the plat thereof recorded in Volume 5, page 9 <br /> of Plats, records of Snohomish County, Washington, <br /> LESS fifteen (15) foot continuous North-South alley way <br /> be and the same is hereby vacated. <br /> Section 2: <br /> The City of Everett, its successors or assigns shall not be <br /> responsible or liable for storm drainage runoff resulting <br /> from existing drainage patters as established on City <br /> rights-of-way that may now or in the future go over, under, <br /> or across the above described street vacation. <br /> Section 3: <br /> That this ordinance shall not become effective until the owners <br /> of the property abutting upon the alley herein described shall <br /> compensate the City of Everett in an amount equal to one-half <br /> the current appraised value of the area herein described: <br /> Provide, however, should the abutting property owners fail to <br /> exercise this vacation within 90 days following passage, unless <br /> otherwise extended by City Council, the ordinance shall be null <br /> and void. <br /> -1- <br />