Ordinance 3670-19 - Laserfiche WebLink

THE EAST-WEST ALLEY WITHIN BLOCK 325, RIVERDALE ADDITION, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 10 OF PLATS, PAGE 45, IN SNOHOMISH COUNTY, WASHINGTON. STATE STREET BETWEEN THE LIMITS OF THE SOUTH MARGIN OF 16TH STREET TO A LINE BETWEEN THE NORTHEAST CORNER OF LOT 26, BLOCK 325, OF SAID RIVERDALE ADDITION AND THE NORTHWEST CORNER OF LOT 5,BLOCK 324,OF SAID PLAT OF RIVERDALE ADDITION. are hereby vacated pursuant to the conditions set forth in this Ordinance. Section 2: That the City shall not be responsible nor liable for storm drainage runoff resulting from existing drainage patterns as established on City rights of way that may currently, or in the future, go over, under or across the above-described rights of way. Section 3: That this Ordinance shall not become effective until the Petitioners have compensated the City in an amount equal to one hundred percent of the current appraised value of the area described in Section 1. The Petitioners shall have ninety (90) days following passage of this Ordinance to exercise this vacation. Unless otherwise amended by City Council, this Ordinance shall be null and void if the Petitioners fail to exercise this vacation within ninety (90) days following passage of this Ordinance. Section 4: That the City hereby retains an easement under, over, and across the south twenty feet (20') of vacated 17th Street as legally described within Section lto construct,reconstruct,operate,maintain, repair,and replace all utilities. If an alternate location for utilities is provided and approved by the City Engineer, a separate easement document in a form acceptable to the City, shall be provided for the alternate location. A legal description of the easement area based upon the "as-built" location of any relocated utilities shall be provided as part of the alternate easement. Upon the City's acceptance and the recording with the Snohomish County Auditor's Office of the alternate easement document,all existing easement rights within the vacated right of way will automatically terminate and all such easement rights within the vacated right of way will revert to the petitioner at no cost to the petitioner. The City retains the right to grant to public and private utilities the right to construct, reconstruct, operate, maintain, repair, and replace existing or proposed utility lines including, but not limited to, cable, telephone, gas, and electrical under, over, and across the retained easement area or alternate location area as may be provided for as described above. The City further retains the right of access across adjoining properties for the purposes set forth herein. Section 5: That at all times activities conducted in and around the herein described easement shall be conducted so as not to interfere with,obstruct, or endanger the usefulness of any improvements or other facilities now or hereafter maintained within the easement area or in any way interfere with, obstruct, or endanger the City's use of the easement. Page 2 of 4