Ordinance 3217-11 - Laserfiche WebLink

The Heights Addition to Everett a distance of 80 feet to the northwest corner of Lot 16 and the point of beginning, is hereby vacated pursuant to the conditions set forth in this ordinance. Section 2: Easement. Expressly limiting the vacation provided in Section 1, the City of Everett hereby retains a twenty (20) feet wide easement for the purpose of preserving public views of the water across said vacated rights-of-way. Said view easement being a width of ten (10) feet on each side of the centerline of the rights-of-way being vacated as legally described within Section 1 of this ordinance. The property comprising the easement is currently used for vegetation, ingress/egress, and temporary parking. Other than the existing uses, as limited below, use of the easement is restricted to vegetation only, which shall not exceed a maximum height of thirty-six (36) inches. No new structures, fences, or other visual obstructions may be temporarily or permanently placed within the easement area. Existing uses, allowed to continue, but which may not be modified or expanded, are the existing one sixty(60) inch tall hedge, two ninety-six (96) inch tall azaleas, one ninety-six (96) inch tall rhododendron, one ninety-six (96) inch tall mock orange tree, driveway ingress/egress serving 1030 Grand Avenue, and temporary parking at 1030 Grand Avenue not more frequently than one day per calendar month. The existing vegetation may not be allowed to grow beyond the specified heights or be moved within the easement. The City hereby retains a right of access across the adjoining properties for the purpose of removing any obstructions or enforcing any view easement restrictions. The City is authorized to cut, trim, and remove any and all brush, trees, other vegetation, or debris of any kind within the easement area which violates the view easement restrictions. The City is authorized to remove any structures, fences, vehicles, or other visual obstructions temporarily or permanently placed within the easement which violate the view easement restrictions. The City is authorized to charge the property owners(s) for any and all costs incurred by the City in the removal of any obstructions or any required enforcement of the view easement restrictions. This right is in addition to any other right the City may have in law or in equity. Section 3: City Liability. The City shall not be responsible nor liable for storm drainage runoff resulting from existing drainage patterns as established on City rights-of-way that may currently, or in the future, go over, under, or across the rights-of-way described above. Page 2 of 4