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F' <br /> 44 <br /> 4141# <br /> :7 <br /> ORDINANCE NO. 2864-05 <br /> AN ORDINANCE providing for the vacation of that portion of the east/west alley lying <br /> adjacent to Lots 23 through 28, Block 632, Plat of Everett Division"I", according to the plat <br /> thereof, recorded in Volume 5 of Plats, Page 11, records of Snohomish County, Washington. <br /> WHEREAS, the City Council of the City of Everett, did by Resolution No. 5591 duly <br /> adopt and fix the 6` day of April, 2005 at 8:30A.M., as the date of public hearing; and <br /> WHEREAS, due and legal notice of the time and place of said hearing and determination <br /> of said Resolution has been given by the City Clerk in the manner prescribed by law; and <br /> WHEREAS, at the time and place fixed for hearing, the issues were publicly presented; <br /> and <br /> WHEREAS, the City Council finds it would not vacate said rights of way could it not <br /> retain easements for utilities in said alley to be vacated; and <br /> WHEREAS, it now appears to the City Council of the City of Everett that the said rights <br /> of way resolved to be vacated should be vacated pursuant to the terms and conditions of this <br /> ordinance: <br /> NOW, THEREFORE, THE CITY OF EVERETT DOES ORDAIN: <br /> Section 1: <br /> That the following described rights-of-way: <br /> all that portion of the east/west alley lying adjacent to Lots 23 through 28, Block 632, Plat of <br /> Everett Division "I", according to the plat thereof, recorded in Volume 5 of Plats, Page 11, <br /> records of Snohomish County, <br /> be and the same is hereby vacated pursuant to the conditions set forth in this ordinance. <br /> Section 2: <br /> That the City of Everett shall not be responsible nor liable for storm drainage runoff resulting <br /> from existing drainage patterns as established on City rights-of-way that may currently, or in the <br /> future, go over, under or across the above described rights of way herein. <br />