2003/07/09 Council Agenda Packet

r All that portion of the Southeast quarter of the Northwest quarter of Section 6, Township 28 North, Range 5 East, W.M., and of the Plat of Fairview Heights, according to the Plat thereof, recorded in Volume 11 of Plats, Page 56, Records of Snohomish County, State of Washington, described as follows: COMMENCING at the Southwest corner of Lot 45 of said Plat; thence N 2° 06' 47" E along the West line thereof a distance of 279.72 feet to the Southeast corner of Lot 7 of Plat of Highland Acres according to the Plat thereof recorded in Volume 11 of Plats, Page 52, Records of Snohomish County, State of Washington; thence S 88° 32' 33" E on the Easterly projection of the South line of said Lot 7 a distance of 29.25 feet to a point on the Southwesterly margin of Cady Road and the TRUE POINT OF BEGINNING, said point also being on a curve, the center of which bears N 56° 30' 11" E a distance of 156.40 feet; thence in a Northwesterly direction along the arc of said curve through a central angle of 35° 36" 36" a distance of 97.20 feet; thence N 2° 06' 47" E a distance of 91.45 feet to the beginning of a tangent curve to the right having a radius of 157.15 feet; thence along the arc of said curve through a central angle of 10° 01' 49" a distance of 27.51 feet; thence S 88' 32' 33" E a distance of 40.96 feet to a point on a curve the center of which bears S 74° 08' 24" E a distance of 117.15 feet; thence in a Southwesterly direction along the arc of said curve through a central angle of 13° 44' 49" a distance of 117.1 5 feet; thence S 2° 06' 47" W a distance of 91.45 feet to the beginning of a tangent curve to the left having a radius of 116.40 feet; thence along the arc of said curve through a central angle of 35° 36' 36" a distance of 72.34 feet; thence S 56° 30' 11" W a distance of 40.00 feet to the TRUE POINT OF BEGINNING. The City of Everett further retains the right to grant to public and private utilities the right to construct, reconstruct, operate, maintain, repair, and replace existing or proposed utility lines including, but not limited to, cable, telephone, gas, and electrical under, over, and across the property described above. The City further retains the right of access across adjoining properties for the purposes set forth herein. Section 5: That at all times activities conducted in and around the herein described easement shall be conducted so as not to interfere with, obstruct, or endanger the usefulness of any improvements or other facilities now or hereafter maintained upon the easement or in any way interfere with, obstruct, or endanger the City's use of the easement Section 6: That prior to any construction, work, or other activity being conducted in or on the herein easement by anyone other than the City, a notification and plans for the same shall be submitted in writing to the City and no such construction, work, or activity shall be commenced without the City's prior written agreement that the proposed construction, work, or activity will not interfere with the City's easement described herein; PROVIDED, HOWEVER, any changes or revisions in the plans shall also be subject to the City's prior agreement. The City's review of the plans under this 3 � 3