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ORDINANCE NO. 1727-90 <br /> AN ORDINANCE providing for the vacation of <br /> portions of Everett Mall Way <br /> WHEREAS, the City Council of the City of <br /> Everett, did by Resolution No. 3039 , duly adopt and <br /> fix the 17th day of August, 1988, at 7 : 00 p.m. , as the <br /> date of public hearing; and <br /> WHEREAS, due and legal notice of the time and <br /> place of said hearing and determination of said resolution <br /> has been given by the City Clerk in the manner prescribed <br /> by law; and <br /> WHEREAS, at the time and place fixed for <br /> hearing, favorable statements and objections to the <br /> vacating of the herein described street were heard and <br /> discussed; and <br /> WHEREAS, RCW 35. 79. 030 authorizes the City to <br /> retain an easement in the street which is vacated; and <br /> WHEREAS, the City Council finds it would not <br /> vacate the street could it not retain an easement; and <br /> WHEREAS, Ordinance No. 1515-88 was passed on <br /> August 8, 1988, vacating the property described herein and <br /> subsequently the applicant and the state were not able to <br /> agree on a fair market value for the vacated property and <br /> the ordinance became null and void; and <br /> WHEREAS, a fair market value for the vacated <br /> property has been agreed upon so that the vacation may <br /> proceed; and <br /> WHEREAS, it now appears to the City Council of the City of <br /> Everett that the said street resolved to be vacated should <br /> be vacated pursuant to the terms and conditions of this <br /> ordinance: <br /> 1 <br />