|
Section 3:
<br /> That this ordinance shall not become effective until the owners of the property abutting upon the street
<br /> herein described have compensated the City of Everett in an amount equal to one half the appraised value
<br /> of the area herein described as shown by an appraisal acceptable to the City of Everett. The abutting
<br /> property owners shall have ninety(90) days following passage of this ordinance to exercise this vacation.
<br /> Unless otherwise amended by City Council, this ordinance shall be null and void if the abutting property
<br /> owner(s) fail to exercise this vacation within 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, maintain, repair, and
<br /> replace all utilities under, over, and across the East 5 Feet of the Vacated Area legally described in Section
<br /> 1 herein.
<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
<br /> limited to, 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
<br /> not to interfere with, obstruct, or endanger the usefulness of any improvements or other facilities now or
<br /> hereafter maintained upon the easement or in any way interfere with, obstruct, or endanger the City's use of
<br /> the easement.
<br /> Section 6:
<br /> Prior to any construction, work, or other activity being conducted in or on the herein easement by anyone
<br /> other than the City, a notification and plans for the same shall be submitted in writing to the City and no
<br /> such construction, work, or activity shall be commenced without City's prior written agreement that the
<br /> proposed construction, 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 City's prior
<br /> agreement. The City's review of the plans under this easement shall not be deemed to impose any duty or
<br /> obligation on the City to determine the adequacy or sufficiency of the plans and designs nor whether said
<br /> construction, work, or activity is in conformance with other applicable plans, codes, and regulations.
<br /> Further, agreement by the City to such construction, work, or activity shall not in any manner be
<br /> considered as imposing any obligation, duty, or liability upon the City as to the safety or propriety of such
<br /> 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
<br /> upon the herein easement and the City has the right of access for such purposes. The City is also
<br /> authorized to cut, trim, and remove any and all brush, trees, other vegetation, and debris on property
<br /> adjacent to the easement which, in the City's reasonable judgment, constitutes a hazard to the easement and
<br /> the City has the right of access for such purposes.
<br />
|