Ordinance 2440-00 - Laserfiche WebLink

It is anticipated that it will be necessary to relocate the utilities from the easement retained herein to enable the petitioner to construct improvements in vacated Terrace Drive. In this event the petitioner shall provide the City of Everett with new easement(s) for such relocation at a location(s) and in a form acceptable to the City's Real Property Manager and upon City acceptance of the new easement(s), the City will terminate the original easement on vacated Terrace Drive (i.e. Sections 4-8 of this ordinance). Section 5: That at all times activities conducted in and around the herein described easement shall be conducted so as not to interfere with, obstruct, or endanger the usefulness of any improvements or other facilities now or hereafter maintained upon the easement or in any way interfere with, obstruct, or endanger the City's use of the easement Section 6: That prior to any construction, work, or other activity being conducted in or on the herein easement by anyone other than the City, a notification and plans for the same shall be submitted in writing to the City and no such construction, work, or activity shall be commenced without the City's prior written agreement that the proposed construction, work, or activity will not interfere with the City's easement described herein; PROVIDED, HOWEVER, any changes or revisions in the plans shall also be subject to the City's prior agreement. The City's review of the plans under this easement shall not be deemed to impose any duty or obligation on the City to determine the adequacy or sufficiency of the plans and designs nor whether said construction, work, or activity is in conformance with other applicable plans, codes, and regulations. Further, agreement by the City to such construction, work, or activity shall not in any manner be considered as imposing any obligation, duty, or liability upon the City as to the safety or propriety of such construction, work, or activity. Section 7: That the City is hereby authorized to cut, trim, and remove any and all brush, trees, other vegetation or debris upon the herein easement and the City has the right of access for such purposes. The City is also authorized to cut, trim, and remove any and all brush, trees, other vegetation, and debris on property adjacent to the easement which, in the City's reasonable judgment, constitutes a hazard to the easement and the City has the right of access for such purposes. Section 8: That in the event any improvements are placed in/on the herein described easement or anything is constructed in/on the easement without the written approval of the City Engineer first having been obtained, all such activity shall cease upon request of the City Engineer, and any and all improvements placed thereon without the written agreement of the City Engineer shall be removed. In the event prior approval is not obtained, 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. \\evsvcfap00I\Eng\LMayberr\WORD\VACATION\ORD\TERRACE ORD REV.doc 3