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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 right of way
<br /> herein.
<br /> Section 3:
<br /> That this ordinance shall not become effective until the owners of the property abutting
<br /> upon the right of way herein described have compensated the City of Everett in an
<br /> amount equal to the current appraised value of the area herein described. The abutting
<br /> property owners shall have ninety (90) days following passage of this ordinance to
<br /> exercise this vacation. Unless otherwise amended by City Council, this ordinance shall
<br /> be null and void if the abutting property owner(s) fail to exercise this vacation within
<br /> ninety (90) days following passage of this ordinance.
<br /> Section 4:
<br /> That the City of Everett hereby retains an easement to construct, reconstruct, operate,
<br /> maintain, repair, and replace all utilities under, over, and across the vacated 25 Drive
<br /> S.E., as legally described within Section 1 of this ordinance.
<br /> The City of Everett further retains the right to grant to public and private utilities the right
<br /> to construct, reconstruct, operate, maintain, repair, and replace existing or proposed
<br /> utility lines including, but not limited to, cable, telephone, gas, and electrical under, over,
<br /> and across the property above.
<br /> The City further retains the right of access across adjoining properties for the purposes
<br /> set forth herein.
<br /> Section 5:
<br /> That at all times activities conducted in and around the herein described easement shall
<br /> be conducted so as not to interfere with, obstruct, or endanger the usefulness of any
<br /> improvements or other facilities now or hereafter maintained upon the easement or in
<br /> any way interfere with, obstruct, or endanger the City's use of the easement
<br /> Section 6:
<br /> Prior to any construction, work, or other activitybeing conducted in or on the herein
<br /> easement by anyone other than the City, a notifcation and plans for the same shall be
<br /> submitted in writing to the City and no such construction, work, or activity shall be
<br /> commenced without the City'srior written agreement that the proposed construction,
<br /> work, or activity will not interfere with the City's easement described herein;
<br /> PROVIDED, HOWEVER, any changes or revisions in the plans shall also be subject to
<br /> the City's prior agreement. The City's review of the plans under this easement shall not
<br /> 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
<br /> by the City to such construction, work, or activity shall not in any manner be considered
<br /> as imposing any obligation, duty, or liability upon the City as to the safety or propriety of
<br /> such construction, work, or activity.
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