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The City further retains an easement for the preservation of a view corridor over
<br /> vacated Sound Avenue, as described in Section 1 above. All structures and vegetation,
<br /> as they exist as of the date of passage of this ordinance, or as the vegetation may
<br /> naturally grow, are exempt from the view corridor requirement. However, any future
<br /> construction or remodeling requiring the issuance of a building permit shall be free of
<br /> visual obstruction within the view corridor. Further, any non-native or transplanted
<br /> vegetation removed by property owners or removed by the City during utility
<br /> construction or maintenance activity, shall be replaced with non-view obstructing
<br /> vegetation.
<br /> Section 5:
<br /> That at all times activities conducted in and around the herein described easement shall
<br /> be conducted so as not to interfere with, obstruct, or endanger the usefulness of any
<br /> improvements or other facilities now or hereafter maintained upon the easement or in
<br /> any way interfere with, obstruct, or endanger the City's use of the easement
<br /> Section 6:
<br /> That prior to any construction, work, or other activity being conducted in or on the
<br /> herein easement by anyone other than the City, a notification and plans for the same
<br /> shall be submitted in writing to the City and no such construction, work, or activity shall
<br /> be commenced without the City's prior written agreement that the proposed
<br /> construction, work, or activitywill not interfere with the City's easement described
<br /> herein; PROVIDED, HOWEVR, any changes or revisions in the plans shall also be
<br /> 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
<br /> determine the adequacy or sufficiency of the plans and designs nor whether said
<br /> construction, work, or activity is in conformance with other applicable plans, codes, and
<br /> regulations. Further, agreement by the City to such construction, work, or activity shall
<br /> not in any manner be considered as imposing any obligation, duty, or liability upon the
<br /> City as to the safety or propriety of such construction, work, or activity.
<br /> Section 7:
<br /> That the City is hereby authorized to cut, trim, and remove any and all brush, trees,
<br /> other vegetation or debris upon the herein easement and the City has the right of
<br /> access for such purposes. The City is also authorized to cut, trim, and remove any and
<br /> all brush, trees, other vegetation, and debris on property adjacent to the easement
<br /> which, in the City's reasonable judgment, constitutes a hazard to the easement and the
<br /> City has the right of access for such purposes.
<br /> Section 8:
<br /> That in the event any improvements are placed in/on the herein described easement or
<br /> anything is constructed in/on the easement without the written approval of the City
<br /> Engineer first having been obtained, all such activity shall cease upon request of the
<br /> City Engineer, and any and all improvementslaced thereon without the written
<br /> agreement of the City Engineer shall be removed. In the event prior approval is not
<br /> obtained, the City is hereby authorized to remove any and all improvements placed or
<br /> constructed thereon and the City, its officers, employees, and agents are hereby held
<br /> harmless from damage caused to said improvements from removal thereof. The City is
<br /> 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
<br /> equity.
<br /> Section 9:
<br /> That any provision of this ordinance shall be declared unconstitutional or invalid by any
<br /> court of competent jurisdiction, it shall be conclusively presumed that this ordinance
<br /> would have been enacted without the provision so held unconstitutional or invalid and
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