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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 /> Thatrovision 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 <br /> the remainder of this ordinance shall not be affected as a result of said part being held <br /> unconstitutional or invalid. <br /> Section 10: <br /> That all moneys derived from the sale of the above-described right-of-way vacation <br /> shall be deposited in the "Real Property Acquisition Fund." <br /> Section 11: <br /> That upon payment of the required compensation and fulfillment of the conditions set <br /> forth in Section 3, this ordinance shall be recorded with the Snohomish County Auditor's <br /> Office. <br /> 3 <br />