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City is also authorized to cut, trim, and remove any and all brush, trees, other vegetation, and <br /> debris on property adjacent to the easement which, in the City's reasonable judgment, constitutes <br /> a hazard to the easement and the City has the right of access for such purposes. <br /> Section 8: <br /> In the event any improvements are placed in/on the herein described easement or anything is <br /> constructed in/on the easement without the written approval of the City Engineer first having been <br /> obtained, all such activity shall cease upon request of the City Engineer, and any and all <br /> improvements placed thereon without the written agreement of the City Engineer shall be <br /> removed. In the event prior approval is not obtained, the City is hereby authorized to remove any <br /> and all improvements placed or constructed thereon and the City, its officers, employees, and <br /> agents are hereby held harmless from damage caused to said improvements from removal thereof. <br /> The City is hereby authorized to charge for any and all costs incurred by the City in removing the <br /> improvements. This right is in addition to any other right the City may have in law or in equity. <br /> Section 9: <br /> If any provision of this ordinance shall be declared unconstitutional or invalid by any court of <br /> competent jurisdiction, it shall be conclusively presumed that this ordinance would have been <br /> enacted without the provision so held unconstitutional or invalid and the remainder of this <br /> ordinance shall not be affected as a result of said part being held unconstitutional or invalid. <br /> Section 10: <br /> That all moneys derived from the sale of the above-described right-of-way vacation shall be <br /> deposited in the "Real Property Acquisition Fund." <br /> Section 11: <br /> A ten-foot wide easement shall be granted by the petitioner to the property owners of Lots 1 & 2 <br /> of the City of Everett SP 26-92 Rec AF 9402230144 and Lot 9 Block 8 of the Beverly Hills <br /> Division No. 1 for a landscape buffer. <br /> Section 12: <br /> Upon payment of the required compensation .nd fulfillment of the conditions set forth in Sections <br /> 3 and 11, this ordinance shall become e ctive and shall be recorded within the Snohomish <br /> County Auditor's Office. <br /> Gail4 Cfi1/tad2/4_. <br /> EDW=.'iII D. H•. SEN, MAYOR <br /> ATTEST: <br /> CITY CLERK — <br /> Passed: 7/12/00 <br /> Valid: 7/18/00 <br /> Published: 7/22/00 <br /> Effective: 8/3/00 3 <br />