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• <br /> • <br /> Section 5: <br /> That at all times activities conducted in and around the herein described easement shall be <br /> conducted so as not to interfere with, obstruct, or endanger the usefulness of any improvements <br /> or other facilities now or hereafter maintained upon the easement or in any way interfere with, <br /> obstruct, or endanger the City's use of the easement <br /> Section 6: <br /> Prior to any construction, work, or other activity being conducted in or on the herein easement by <br /> anyone other than the City, a notification and plans for the same shall be submitted in writing to <br /> the City and no such construction, work, or activity shall be commenced without the City's prior <br /> written agreement that the proposed construction, work, or activity will not interfere with the <br /> City's easement described herein; PROVIDED, HOWEVER, any changes or revisions in the <br /> plans shall also be subject to the City's prior agreement. The City's review of the plans under <br /> this easement shall not be deemed to impose any duty or obligation on the City to determine the <br /> adequacy or sufficiency of the plans and designs nor whether said construction, work, or activity <br /> is in conformance with other applicable plans, codes, and regulations. Further, agreement by the <br /> City to such construction, work, or activity shall not in any manner be considered as imposing <br /> any obligation, duty, or liability upon the City as to the safety or propriety of such construction, <br /> work, or activity. <br /> Section 7: <br /> The City is hereby authorized to cut, trim, and remove any and all brush, trees, other vegetation <br /> or debris upon the herein easement and the City has the right of access for such purposes. The <br /> City is also authorized to cut, trim, and remove any and all brush, trees, other vegetation, and <br /> debris on property adjacent to the easement which, in the City's reasonable judgment, constitutes <br /> a hazard to the easement and the City has the right of access for such purposes. <br /> Section 8: <br /> In the event any improvements are placed in/on the herein described easement or anything is <br /> constructed in/on the easement without the written approval of the City Engineer first having <br /> been obtained, all such activity shall cease upon request of the City Engineer, and any and all <br /> improvements placed thereon without the written agreement of the City Engineer shall be <br /> removed. In the event prior approval is not obtained, the City is hereby authorized to remove <br /> any and all improvements placed or constructed thereon and the City, its officers, employees, and <br /> agents are hereby held harmless from damage caused to said improvements from removal <br /> thereof. The City is hereby authorized to charge for any and all costs incurred by the City in <br /> removing the improvements. This right is in addition to any other right the City may have in law <br /> or in equity. <br /> Section 9: <br /> If any provision of this ordinance shall be declared unconstitutional or invalid by any court of <br /> competent jurisdiction, it shall be conclusively presumed that this ordinance would have been <br /> enacted without the provision so held unconstitutional or invalid and the remainder of this <br /> ordinance shall not be affected as a result of said part being held unconstitutional or invalid. <br /> Section 10: <br /> That all moneys derived from the sale of the above-described right-of-way vacation shall be <br /> deposited in the "Real Property Acquisition Fund." <br /> 3 <br />