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ORDINANCE NO. 2102-95 <br /> AN ORDINANCE amending Ordinance No. 1485-88 concerning <br /> the vacation of Paine Street between 36th and 37th Streets. <br /> WHEREAS, the City Council adopted Ordinance No. 1485-88 providing for the <br /> vacation of Paine Street between 36th and 37th Streets contingent upon the petitioner of <br /> the vacation dedicating to the City certain property for the purpose of realigning Paine <br /> Street. Further, petitioner was to make certain improvements to the dedicated property <br /> in order for the vacation to become effective; and <br /> WHEREAS, the petitioner intends to make said improvements to the dedicated property <br /> but needs to commence construction within the vacated right-of-way <br /> contemporaneously with the improvements to the right-of-way which is not permitted <br /> by the Ordinance; and <br /> WHEREAS, the City Council finds that if the petitioner provides the City with <br /> adequate security to ensure the timely construction and improvement of the realigned <br /> Paine Street, that construction within the vacated right-of-way can commence while the <br /> integrity of the street vacation can be maintained; <br /> NOW, THEREFORE, THE CITY OF EVERETT DOES ORDAIN: <br /> Section 1: <br /> Section 4 of Ordinance No. 1485-88 which reads as follows: <br /> That this Ordinance shall not become effective until the realigned roadway described in <br /> Paragraph 3 is constructed, inspected, and accepted by the City of Everett by the <br /> proponents/petitioners of the street vacation according to City of Everett Design <br /> Standards, and <br /> Be and the same is hereby amended to read as follows: <br /> That this Ordinance shall not become effective until the proponent/petitioner of the <br /> street vacation places in an escrow account funds in an amount satisfactory to the City <br /> Engineer to provide for the construction of the realigned roadway described in <br /> Paragraph 3 according to City of Everett Design Standards and with escrow instructions <br /> approved by the City; provided, however, that any construction commenced on the <br /> vacated property described in Paragraph 1 shall not be eligible for nor issued a <br /> temporary or final occupancy permit by the City until such time as the realigned <br />