|
•
<br /> Section 3:
<br /> That this ordinance shall not become effective until the owners of the property abutting upon
<br /> the street herein described have compensated the City of Everett in an amount equal to one
<br /> half the current appraised value of the area herein described. The abutting property owners
<br /> 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
<br /> abutting property owner(s) fail to exercise this vacation within ninety (90) days following
<br /> passage of this ordinance.
<br /> Section 4:
<br /> That the City of Everett hereby retains an easement to construct, reconstruct, operate,
<br /> maintain, repair, and replace all utilities under, over, and across vacated portion of 40th Street
<br /> as legally described within Section 1 of this ordinance.
<br /> The City of Everett further retains the right to grant to public and private utilities the
<br /> right to construct, reconstruct, operate, maintain, repair, and replace existing or proposed
<br /> utility lines including, but not limited to, cable, telephone, gas, and electrical under, over, and
<br /> across the property above-described.
<br /> The City further retains the right of access across adjoining properties for the purposes
<br /> set 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
<br /> improvements or other facilities now or hereafter maintained upon the easement or in any way
<br /> 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
<br /> by anyone other than the City, a notification and plans for the same shall be submitted in
<br /> writing to the City and no such construction, work, or activity shall be commenced without
<br /> City's prior written agreement that the proposed construction, work, or activity will not
<br /> interfere with the City's easement described herein; PROVIDED, HOWEVER, any changes or
<br /> revisions in the plans shall also be subject to City's prior agreement. The City's review of the
<br /> 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,
<br /> 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
<br /> be considered as imposing any obligation, duty, or liability upon the City as to the safety or
<br /> 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
<br /> vegetation or debris upon the herein easement and the City has the right of access for such
<br /> purposes. The City is also authorized to cut, trim, and remove any and all brush, trees, other
<br /> vegetation, and debris on property adjacent to the easement which, in the City's reasonable
<br /> 2
<br />
|