3423 SHORE AVE 2018-01-01 MF Import

� �. The City further retains an easement for the preservation of a view corridor over vacated Sound Avenue, as described in Section 1 above. All structures and vegetation, as they exist as of the date of passaye of this ordinance, or as the vegetation ma naturall ow are exempt from the wew corridor requirement. However, � �Y �� urt er� any non-native or transplanted vegeta ion removed by property owners or removed by. the City during utility construction or maintenance acfivity, shall be reolaced with non-view obstructmg vegetation. Section 5: . at a a times activities conducted in and around the herein described easement shai be conducted so as not t� interfere with, obstruct, or endanger the usefulness of any nyrway interfere with,f obstlructs o�endangeetheeC�'snuse of the easement ement or in Sectfon 6: at pnor to any construction, work, or other activity being conducted in or on t e herein easement by anyone other than the City, a noiification and plans for the same shall be submitted in wnting to the. City and no such construction, work, or activity shall be commenced without the City's prioi written agreement that the proposed construction, work, or activity will not interfere with tfie 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 easement shall not be deemed to impose any duty or obli�ation on the City to determine the adequar,y or sufficiency of the plans and de cable plans, cotdes,n�d construction, work, or activity is in conform_nce with other app regulations. Further, agreement by the Ciry to such construction, work, or activity shall City as to the safety or propriety of such e onst�r ct on,4work�or activity r Iiabiiity upon the Seetion 7: a t e ity is hereby authorized to cut,.trim, and remove any and all brus , 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 propeRy adjacent to the easement C ry has thee gh ofraccess foe sucf� purposesstitutes a hazard to the easement and the Seatian e: at :n t e event any improvements are placed in/on the herein described easemen 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 Ciry Enginee�, and any and all improvements placed thereon without the wnttan agreement of the City Engineer shail be removed. In the event prior approva� is not o6tained, the City is hereby authonzed to remove any and all improvements placed or constructed thereon and the City, its officers, employees, and agents are hereby heid harmless from damage caused to said improvements from removal thereof. The,City �s hereby authorized to charge for any and all costs mcurred by the City in removing the improvements. This right is in addition to any other nght the City may have m law or in equity. Section 9: at any provision of this ordinance shall be declared unconstitutional or invali y any court of competent jurisdiction, it shali be conclusively presumed that this ordinance would have been enacted without the provision so held unconstitut�on�l or invalid and t /�