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Secdon 2: <br /> That the City of Everott shall not be responsible nor liable for sto�m diainege runoff resulting <br /> fiom existing drainage patterns as established on City rights-of-way that may cun�endy, or in the <br /> future,go over, under or across the above described in Section 1 herein. <br /> Section 3: <br /> That this ordinance shall not become effective unul the ownecs of the propetty abutting upon the <br /> strat/alley herein described have dedicated to the City of Everett by statuWry warranty deed the <br /> following described re.al property: <br /> Lot 26 Block 638, Plat of Swalwell's Second Addidon, according to the plat <br /> thereot; reco�ded in Volume 3 of Plats, Page 11, ra:ords of Snohomish County, <br /> Washington <br /> band by the payment W the Ciry of one half(1/2) the difference in value between the�propeRy W <br /> e vacated as described in Saxion 1, above, and the pro�perty to be dedicated as descnbed m <br /> Section 3, heroin. Said value shall be established by the City of Everett based upon an app raisa] <br /> acceptable to the City of Everett dated within six monHu of payment of said value. The abuttin� <br /> property owners shall have ninety(90) days following pa�ssage of this ordinance to eueroise dus <br /> vacadon. Unless othecwise amended by City Council, this ordinance shall be nuli and void if the <br /> abutting ropeity owner(s) fail to exercise this vacation within ninety (gp) days following <br /> passage o�tlus ordinance. <br /> Section 4: <br /> That this ordinance shall not become effecdve until the ovv�ers of the property abuuing the <br /> portion of the alley W be vacated ac described herein have rolocated or provided easar►ents for <br /> all utilities within the vacated right of way. <br /> Section 5: <br /> If any provision of this ordinance shall be declared unconstiwtional or invalid by any couct of <br /> competent jurisdicdon, it shall be conclusively presumed that this ordinance would have beea <br /> enacted without the provision so held unconshtutional or invalid and the remainder of this <br /> ordinance shall not be affected as a result of said part being held unconstitutianal or invalid. <br /> Section 6: <br /> That al1 moneys derived from the sale of the above-described right-of-way vacation shall be <br /> deposited in the "Real Property Acquisition Fund." <br /> 2 <br />