Ordinance 2077-95 - Laserfiche WebLink

• '.:tvers......11111r , E4/. . ,. 7/ ORDINANCE NO.,-2,099—R5' AN ORDINANCE providing for the vacation of a portion of(unopened) 104th St. SE and 105th St. SE, Silver Lake Garden Tracts. WHEREAS,the City Council of the City of Everett, did by Resolution No. 4113 duly adopt and fix the 31st day of May 1995, at 7:00 P.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,and at the continuations thereof, favorable statements and objections were heard and discussed; and WHEREAS,the City Council of the City of Everett, did adopt a Resolution of Intent to Rezone necessitating the above specified street vacation; and WHEREAS,the City Council finds it would not vacate the streets could it not retain an easement; and WHEREAS, it now appears to the City Council of the City of Everett that the said streets 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 rights-of-way: legally shown 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 (EXHIBIT"A") 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 appraised value of the area herein described as shown by an appraisal acceptable to the City of Everett dated within six months of payment of said value. 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,provided however, if there is an appeal filed which affects this vacation,the effective date by which this vacation must be exercised shall be stayed pending the termination of the appeal.