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'OW <br /> ORDINANCE NO. 2980-07 <br /> AN ORDINANCE providing for the vacation a portion of Waverly Avenue north of Tower <br /> Street. <br /> WHEREAS, Everett Community College (the "Petitioner") did petition for the vacation <br /> of a portion of Waverly Avenue in the City and the City Council of the City of Everett did, by <br /> Resolution No. 5852, duly adopt and fix the 21st day of February, 2007 at 6:30P.M. as the date of <br /> 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 if it did not <br /> retain easements for utilities in said rights of way to be vacated, as provided for in this ordinance; <br /> 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 right-of-way: <br /> All that portion of Waverly Avenue as shown on the Plat of RADIO ADDITION TO <br /> EVERETT, according to the plat thereof recorded in Volume 13 of Plats, Page 1, records <br /> of Snohomish County Washington, lying south of the east-west alley in said plat and <br /> lying north of a strip of land conveyed to the City of Everett for Tower Street, as <br /> recorded under Auditor's File No. 1395403, Records of Snohomish County Washington. <br /> be and the same is hereby vacated pursuant to the conditions set forth in this ordinance. <br />