Ordinance 2078-95 - Laserfiche WebLink

• ORDINANCE NO.A0724 EI/'ERETT AN ORDINANCE providing for the vacation of a portion of(unopened) Alder and Birch Streets, Forest Park Addition"A". WHEREAS, the City Council of the City of Everett, did by Resolution No. 4086 duly adopt and fix the 5th day of April, 1995, at 8:30 A.M., as the date of public hearing; and WHEREAS, due and legal notice of the time and place of said hearing and determination of said Resolution has been given by the City Clerk in the manner prescribed by law; and WHEREAS, at the time and place fixed for hearing, favorable statements and objections to the vacating of the herein described street were heard and discussed; and WHEREAS, the City Council finds it would not vacate the street could it not retain an easement for utility purposes over an area legally described on the attached EXHIBIT"B"; and WHEREAS, it now appears to the City Council of the City of Everett that the said street resolved to be vacated should be vacated pursuant to the terms and conditions of this ordinance: NOW, THEREFORE, THE CITY OF EVERETT DOES ORDAIN: Section 1: That the following described right-of-way: Legally Described on the attached EXHIBIT "A" be and the same is hereby vacated pursuant to the conditions set forth in this ordinance. Section 2: That the City of Everett 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 in Section 1 herein. Section 3: That this ordinance shall not become effective until the owners of the property abutting upon the street herein described have compensated the City of Everett in an amount equal to one half the current appraised value of the area herein described. The abutting property owners 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 abutting property owner(s) fail to exercise this vacation within ninety(90) days following passage of this ordinance.