Ordinance 3756-20 - Laserfiche WebLink

Section 8: In the event prior approval is not obtained for construction of improvements on or within the easement area, the City is hereby authorized to remove any and all improvements placed or constructed thereon and the City, its officers, employees, and agents are hereby held harmless from damage caused to said improvements from removal thereof. The City is hereby authorized to charge for any and all costs incurred by the City in removing the improvements. This right is in addition to any other right the City may have in law or in equity. Section 9: That Petitioners hereby grant the Port Gardner Neighborhood Association and its successors or assigns access to the easement area referenced in this Ordinance to perform maintenance of the Forgotten Creek Natural Area consistent with the Memorandum of Understanding Between City Of Everett And Port Gardner Neighborhood Association For Maintenance Of Forgotten Creek Natural Area ("Memorandum"), dated August 28, 2006 and filed in the City Clerk's office. Access granted by this Ordinance shall be allowed so long as the Memorandum is valid and in effect. Section 10: If any provision of this Ordinance shall be declared unconstitutional or invalid by any court of competent jurisdiction, it shall be conclusively presumed that this Ordinance would have been enacted without the provision so held unconstitutional or invalid and the remainder of this Ordinance shall not be affected as a result of said part being held unconstitutional or invalid. Section 11: Upon the satisfaction of the conditions as set forth in Section 3, this Ordinance shall become effective and shall be recorded within the Snohomish County Auditor's Office. Section 12: All moneys derived from the vacation of the herein described rights of way shall be deposited into the Real Property Acquisition Fund 145 and any use of such moneys shall be consistent with Resolution No. 7433. Page 4 of 5