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<br /> Section 4:
<br /> That the City of Everett hereby retains an easement to construct, reconstruct, operate, maintain, repair, and replace
<br /> all utilities under, over, and across the entire vacated portion of the west side of West Marine View Drive lying
<br /> north of 18th Street as described in EXHIBIT "A".
<br /> The City of Everett further retains the right to grant to public and private utilities the right to construct,
<br /> reconstruct, operate, maintain, repair, and replace existing or proposed utility lines including, but not limited to,
<br /> cable, telephone, gas, and electrical under, over, and across the property above-described.
<br /> The City further retains the right of access across adjoining properties for the purposes set forth herein.
<br /> Section 5:
<br /> That at all times activities conducted in and around the herein described easement shall be conducted so as not to
<br /> interfere with, obstruct, or endanger the usefulness of any improvements or other facilities now or hereafter
<br /> maintained upon the easement or in 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 activity being conducted in or on the herein easement by anyone other
<br /> than the City, a notification and plans for the same shall be submitted in writing to the City and no such
<br /> construction, work, or activity shall be commenced without City's prior written agreement that the proposed
<br /> construction, work, or activity will not interfere with the City's easement described herein; PROVIDED,
<br /> HOWEVER, any changes or revisions in the plans shall also be subject to City's prior agreement. The City's
<br /> review of the plans under this easement shall not be deemed to impose any duty or obligation on the City to
<br /> determine the adequacy or sufficiency of the plans and designs nor whether said construction, work, or activity is
<br /> in conformance with other applicable plans, codes, and regulations. Further, agreement by the City to such
<br /> construction, work, or activity shall not in any manner be considered as imposing any obligation, duty, or liability
<br /> upon the City as to the safety or propriety of such construction, work, or activity.
<br /> Section 7:
<br /> The City is hereby authorized to cut, trim, and remove any and all brush, trees, other vegetation or debris upon
<br /> the herein easement and the City has the right of access for such purposes. The City is also authorized to cut,
<br /> trim, and remove any and all brush, trees, other vegetation, and debris on property adjacent to the easement
<br /> which, in the City's reasonable judgment, constitutes a hazard to the easement and the City has the right of access
<br /> for such purposes.
<br /> Section 8:
<br /> In the event any improvements are placed in/on the herein described easement or anything is constructed in/on the
<br /> easement without the written approval of the City Engineer first having been obtained, all such activity shall cease
<br /> upon request of the City Engineer, and any and all improvements placed thereon without the written agreement of
<br /> the City Engineer shall be removed. In the event prior approval is not obtained, the City is hereby authorized to
<br /> remove any and all improvements placed or constructed thereon and the City, its officers, employees, and agents
<br /> are hereby held harmless from damage caused to said improvements from removal thereof. The City is hereby
<br /> authorized to charge for any and all costs incurred by the City in removing the improvements. This right is in
<br /> addition to any other right the City may have at law or in equity.
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