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Section 4:
<br /> That the City of Everett hereby retains an easement to construct, reconstruct, operate, maintain,
<br /> repair, and replace all utilities under, over, and across vacated portion of Birch Street as legally
<br /> described within EXHIBIT "B" attached to this ordinance.
<br /> The City of Everett further retains the right to grant to public and private utilities the right
<br /> to construct, reconstruct, operate, maintain, repair, and replace existing or proposed utility lines
<br /> including, but not limited to, cable, telephone, gas, and electrical under, over, and across the
<br /> property above-described.
<br /> The City further retains the right of access across adjoining properties for the purposes set
<br /> forth herein.
<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 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 plans
<br /> shall also be subject to City's prior agreement. The City's review of the plans under this easement
<br /> shall not be deemed to impose any duty or obligation on the City to determine the adequacy or
<br /> sufficiency of the plans and designs nor whether said construction, work, or activity is in
<br /> conformance with other applicable plans, codes, and regulations. Further, agreement by the City
<br /> to such construction, work, or activity shall not in any manner be considered as imposing any
<br /> obligation, duty, or liability upon the City as to the safety or propriety of such construction, work,
<br /> 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 been
<br /> obtained, all such activity shall cease upon request of the City Engineer, and any and all
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