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Section 4:
<br /> That the City of Everett hereby retains an easement to construct, reconstruct, operate, maintain, repair, and replace all
<br /> utilities under, over, and across vacated portion of(unopened) 104th St. SE, Silver Lake Garden Tracts 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 to construct,
<br /> reconstruct, operate, maintain, repair, and replace existing or proposed utility lines including, but not limited to, cable,
<br /> 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 maintained
<br /> 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 than the
<br /> City, a notification and plans for the same shall be submitted in writing to the City and no such construction, work, or
<br /> activity shall be commenced without City's prior written agreement that the proposed construction, work, or activity
<br /> will not interfere with the City's easement described herein; PROVIDED, HOWEVER, any changes or revisions in the
<br /> plans shall also be subject to City's prior agreement. The City's review of the plans under this easement shall not be
<br /> deemed to impose any duty or obligation on the City to determine the adequacy or sufficiency of the plans and designs
<br /> nor whether said 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 considered as
<br /> imposing any obligation, duty, or liability upon the City as to the safety or propriety of such construction, work, or
<br /> 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 the
<br /> herein easement and the City has the right of access for such purposes. The City is also authorized to cut, trim, and
<br /> remove any and all brush, trees, other vegetation, and debris on property adjacent to the easement which, in the City's
<br /> reasonable judgment, constitutes 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 constructed in/on the
<br /> easement without the written approval of the City Engineer first having been obtained, all such activity shall cease upon
<br /> request of the City Engineer, and any and all improvements placed thereon without the written agreement of the City
<br /> Engineer shall be removed. In the event prior approval is not obtained, the City is hereby authorized to remove any and
<br /> all improvements placed or constructed thereon and the City, its officers, employees, and agents are hereby held
<br /> harmless from damage caused to said improvements from removal thereof. The City is hereby authorized to charge for
<br /> any and all costs incurred by the City in removing the improvements. This right is in addition to any other right the
<br /> City may have at law or in equity.
<br /> Section 9:
<br /> That improvements initially constructed upon the vacated area meet the requirements of the Resolution of Intent to
<br /> Rezone as authorized by Everett City Council on June 7, 1995 or as subsequently amended.
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