|
S�
<br />Section 3:
<br />That this ordinance shall not become effective until the owners of the property abutting upon the
<br />right of ways herein described have conveyed an easement for pedestrian bridge and walkway
<br />purposes over, under, across, and through the following described property:
<br />The North 30 feet of that portion of vacated Main Street described as follows:
<br />All that portion of vacated Main Street in the Plan of the Town of Lowell, according to
<br />the plat thereof recorded in Volume 1 of Plats, Page 11, records of Snohomish County,
<br />bounded on the South by the centerline of said Main Street, on the East by a line extended
<br />South from the centerline of the alley running through Block 19, Plan of the Town of
<br />Lowell, and on the West by a line 95 feet East of the Southwest corner of Block 19, Plan
<br />of the Town of Lowell, running Southerly at right angles to intersect the centerline of said
<br />Main Street.
<br />The abutting property owners shall have ninety (90ty
<br />days following passage of this ordinance to
<br />exercise this vacation. Unless otherwise amended 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
<br />following passage of this ordinance.
<br />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 said vacated street, as legally described
<br />within Section 1 of this ordinance, together with an easement for a pedestrian pathway/bridge
<br />over the north 30 feet of said vacated street.
<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
<br />including, but not limited to, cable, telephone, gas, and electrical under, over, and across the
<br />property above.
<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
<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 the 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
<br />plans shall also be subject to the Lity's prior agreement. The City's review of the plans under
<br />this easement shall not be deemed to impose any duty or obligation on the City to determine the
<br />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
<br />
|