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<br /> Section 2:
<br /> That the City of Everett shall not be responsible nor liable for storm drainage runoff resulting from existing
<br /> drainage patterns as established on City rights-of-way that may currently, or in the future, go over, under or
<br /> across the above described in Section 1 herein.
<br /> Section 3:
<br /> That this ordinance shall not become effective until the owners of the property abutting upon the street herein
<br /> described have compensated the City of Everett in an amount equal to one half the current appraised value of
<br /> the area herein described. The abutting property owners shall have ninety (90) days following passage of this
<br /> ordinance to exercise this vacation. Unless otherwise amended by City Council, this ordinance shall be null
<br /> and void if the 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, maintain, repair, and
<br /> replace all utilities under, over, and across vacated portion of the northeast corner of the intersection of 112th
<br /> Street S.W. and Paine Field Way 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 right to
<br /> construct, reconstruct, operate, maintain, repair, and replace existing or proposed utility lines including, but
<br /> not 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
<br /> herein.
<br /> Section 5:
<br /> That at all times activities conducted in and around the herein described easement shall be conducted so as not
<br /> to 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
<br /> 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 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
<br /> is 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
<br /> liability 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
<br /> upon the herein easement and the City has the right of access for such purposes. The City is also authorized to
<br /> cut, trim, and remove any and all brush, trees, other vegetation, and debris on property adjacent to the
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