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Section 2:
<br /> That the City of Everett shall not be responsible nor liable for storm drainage runoff resulting
<br /> from existing drainage patterns as established on City rights-of-way that may currently, or in the
<br /> future, go over, under or across the above described rights of way herein.
<br /> Section 3:
<br /> That this ordinance shall not become effective until the owners of the property abutting upon the
<br /> right of ways herein described have compensated the City of Everett in an amount equal to one
<br /> half of the current appraised value of the area herein described. The abutting property owners
<br /> shall have ninety (90) days following passage of this ordinance to exercise this vacation. Unless
<br /> otherwise amended by City Council, this ordinance shall be null and void if the abutting property
<br /> owner(s) fail to exercise this vacation within ninety(90) days following passage of this ordinance.
<br /> Section 4:
<br /> That the City of Everett hereby retains an easement to construct, reconstruct, operate, maintain,
<br /> repair, and replace all utilities under, over, and across vacated Ttereve Drive and Olympic Drive,
<br /> as legally described within Section 1 of this ordinance.
<br /> The City of Everett further retains the right to grant to public and private utilities the right to
<br /> construct, reconstruct, operate, maintain, repair, and replace existing or proposed utility lines
<br /> including, but not limited to, cable, telephone, gas, and electrical under, over, and across the
<br /> property above.
<br /> The City further retains the right of access across adjoining properties for the purposes set forth
<br /> herein.
<br /> Section 5:
<br /> That at all times activities conducted in and around the herein described easement shall be
<br /> conducted so as not to interfere with, obstruct, or endanger the usefulness of any improvements
<br /> or other facilities now or hereafter maintained upon the easement or in any way interfere with,
<br /> obstruct, or endanger the City's use of the easement.
<br /> Section 6:
<br /> Prior to any construction, work, or other activity being conducted in or on the herein easement by
<br /> anyone other than the City, a notification and plans for the same shall be submitted in writing to
<br /> the City and no such construction, work, or activity shall be commenced without the City's prior
<br /> written agreement that the proposed construction, work, or activity will not interfere with the
<br /> City's easement described herein; PROVIDED, HOWEVER, any changes or revisions in the
<br /> plans shall also be subject to the City's prior agreement. The City's review of the plans under this
<br /> easement shall not be deemed to impose any duty or obligation on the City to determine the
<br /> adequacy or sufficiency of the plans and designs nor whether said construction, work, or activity
<br /> is in conformance with other applicable plans, codes, and regulations. Further, agreement by the
<br /> City to such construction, work, or activity shall not in any manner be considered as imposing any
<br /> obligation, duty, or liability upon the City as to the safety or propriety of such construction, work,
<br /> or activity.
<br /> Section 7:
<br /> The City is hereby authorized to cut, trim, and remove any and all brush, trees, other vegetation
<br /> or debris upon the herein easement and the City has the right of access for such purposes. The
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