Ordinance 3119-09 - Laserfiche WebLink

construction, work, or activity shall not in any manner be considered as imposing any obligation, duty, or liability upon the City as to the safety or propriety of such construction,work, or activity. Section 7: Until termination of the easement as set forth in Section 9, below, the City is hereby authorized to cut, trim, and remove any and all brush, trees, other vegetation or debris upon the herein easement and the City has the right of access for such purposes. The City is also authorized to cut, trim, and remove any and all brush, trees, other vegetation, and debris on property adjacent to the easement which, in the City's reasonable judgment, constitutes a hazard to the easement and the City has the right of access for such purposes. Section 8: Until termination of the easement as set forth in Section 9, below, in the event any improvements are placed in/on the herein described easement or anything is constructed in/on the easement without the written approval of the City Engineer first having been obtained, all such activity shall cease upon request of the City Engineer, and any and all improvements placed thereon without the written agreement of the City Engineer shall be removed. In the event prior approval is not obtained, the City is hereby authorized to remove any and all improvements placed or constructed thereon and the City, its officers, employees, and agents are hereby held harmless from damage caused to said improvements from removal thereof. The City is hereby authorized to charge for any and all costs incurred by the City in removing the improvements. This right is in addition to any other right the City may have in law or in equity. Section 9: Upon removal and relocation of all utilities within the respective above described retained easement area by the Petitioner, the City agrees to surrender the retained easement provided the relocated utilities have been relocated and new easements provided and accepted by the City for the relocated utilities. After acceptance by the City of the relocated utilities and easements, all rights of the retained easements will revert to the Petitioner at no cost to the Petitioner. Without limiting the generality of the foregoing provision of this Section 9, upon automatic termination of the City's retained easement, Sections 4, 5, 6, 7 and 8 of this ordinance shall have no further force or effect. To the extent that Petitioner requires documentation to clear title and document the termination of the easement rights in the City, the City agrees to execute such reasonable documentation as Petitioner may require. Section 10: If any provision of this ordinance shall be declared unconstitutional or invalid by any court of competent jurisdiction, it shall be conclusively presumed that this ordinance would have been enacted without the provision so held unconstitutional or invalid and the remainder of this ordinance shall not be affected as a result of said part being held unconstitutional or invalid. Section 11: Upon payment of the required compensation and fulfillment of the conditions set forth in Section 3, this ordinance shall become effective and shall be recorded within the Snohomish County Auditor's Office.