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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: 1) guaranteed the construction to City standards, and the
<br /> conveyance (subject only to encumbrances approved by the City) by Statutory Warranty Deed to
<br /> the City of Everett, a new alleyway on the real property legally described as Lot 11, Block 720,
<br /> Plat of Everett Division "H", and 2) obtained required building permits and approvals for the
<br /> construction of the Potala Village Development Project (Building Permit#B0810-020) for which
<br /> this right of way vacation is the subject of
<br /> Section 4:
<br /> That the City of Everett hereby retains an easement under, over, and across said vacated alley or
<br /> other suitable location as determined by the City Engineer, to construct, reconstruct, operate,
<br /> maintain, repair, and replace all utilities. If an alternate location for utilities is provided and
<br /> approved by the City Engineer, a separate easement document in a form acceptable to the City,
<br /> shall be provided for the alternate location. A legal description of the easement area based upon
<br /> the "as-built" location of any relocated utilities shall be provided as part of the alternate
<br /> easement. Upon the City's acceptance and the recording with the Snohomish County Auditor's
<br /> Office of the alternate easement document, all existing easement rights within the vacated right
<br /> of way will automatically terminate and all such easement rights within the vacated right of way
<br /> will revert to the petitioner at no cost to the petitioner.
<br /> The City of Everett retains the right to grant to public and private utilities the right to construct,
<br /> reconstruct, operate, maintain, repair, and replace existing or proposed utility lines including, but
<br /> not limited to, cable, telephone, gas, and electrical under, over, and across the retained easement
<br /> area or alternate location area as may be provided for as described 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 within the easement area or in any way interfere
<br /> with, obstruct, or endanger the City's use of the easement.
<br /> Section 6:
<br /> Prior to any construction work being conducted in or on the easement area by anyone other than
<br /> the City, a notification and plans for the same shall be submitted in writing to the City and no
<br /> such construction, work, or activity shall be commenced without the City's prior written
<br /> agreement that the proposed construction, work, or activity will not interfere with the City's
<br /> easement described herein; PROVIDED, HOWEVER, any changes or revisions in the plans shall
<br /> also be subject to the City's prior agreement. The City's review of thelans under this easement
<br /> shall not be deemed to impose any duty or obligation on the City to determine the adequacy or
<br /> sufficiency of the plans and designs nor whether said construction, work, or activity is in
<br /> conformance with other applicable plans, codes, and regulations. Further, agreement by the City
<br /> 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.
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