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Section 2:
<br /> That the City of Everett shall not be responsible nor liable for storm drainage runoff
<br /> resulting from existing drainage patterns as established on City rights-of-way that may
<br /> currently, or in the future, go over, under or across the above described rights of way
<br /> herein.
<br /> Section 3:
<br /> That this ordinance shall not become effective until the Petitioner as the owner of the
<br /> property abutting upon the right-of-way herein described has compensated the City of
<br /> Everett for the right-of-way to be vacated by a payment of the full appraised value of the
<br /> right-of-way being vacated.
<br /> The Petitioner shall have ninety(90) days following passage of this ordinance to exercise
<br /> this vacation by fully complying with Section 3 of this ordinance. Unless otherwise
<br /> amended by City Council, this ordinance shall be null and void if the Petitioner fails to
<br /> exercise this vacation within ninety(90) days following passage of this ordinance.
<br /> Section 4:
<br /> That, subject to the termination provision set forth in Section 9, below, the City of Everett
<br /> hereby retains an easement to construct, reconstruct, operate, maintain, repair, and replace
<br /> all utilities under, over, and across said vacated street and alley, as legally described
<br /> within Section 1 of this ordinance.
<br /> In the event that Petitioner does not remove and relocate all existing utilities within the
<br /> easement as set forth in Section 9, below, the City of Everett further retains the right to
<br /> grant to public and private utilities the right to construct, reconstruct, operate, maintain,
<br /> repair, and replace existing or proposed utility lines including, but not limited to, cable,
<br /> telephone, gas, and electrical under, over, and across the property above.
<br /> The City further retains the right of access across adjoining properties for the purposes set
<br /> forth herein.
<br /> Section 5:
<br /> That, until termination of the easement as set forth in Section 9, below, at all times
<br /> activities conducted in and around the herein described easement shall be conducted so as
<br /> not to interfere with, obstruct, or endanger the usefulness of any improvements or other
<br /> 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 /> Until termination of the easement as set forth in Section 9, below, prior to any
<br /> 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
<br /> writing to the City and no such construction, work, or activity shall be commenced
<br /> without the City's prior written agreement that the proposed construction, work, or
<br /> activity will not interfere with the City's easement described herein; PROVIDED,
<br /> HOWEVER, any changes or revisions in the plans shall also be subject to the City's prior
<br /> agreement. The City's review of the plans under this easement shall not be deemed to
<br /> impose any duty or obligation on the City to determine the adequacy or sufficiency of the
<br /> plans and designs nor whether said construction, work, or activity is in conformance with
<br /> other applicable plans, codes, and regulations. Further, agreement by the City to such
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