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a - <br />City to such construction, work, or activity shall not in any manner be considered as imposing <br />any obligation, duty, or liability upon the City as to the safety or propriety of such construction, <br />work, 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 <br />been obtained, all such activity shall cease upon request of the City Engineer, and any and all <br />improvements placed thereon without the written agreement of the City Engineer shall be <br />removed. In the event prior approval is not obtained, the City is hereby authorized to remove any <br />and all improvements placed or constructed thereon and the City, its officers, employees, and <br />agents are hereby held harmless from damage caused to said improvements from removal <br />thereof. The City is hereby authorized to charge for any and all costs incurred by the City in <br />removing the improvements. This right is in addition to any other right the City may have in law <br />or in equity. <br />Section 9: <br />If any provision of this ordinance shall be declared unconstitutional or invalid by any court of <br />competent jurisdiction, it shall be conclusively presumed that this ordinance would have been <br />enacted without the provision so held unconstitutional or invalid and the remainder of this <br />ordinance shall not be affected as a result of said part being held unconstitutional or invalid. <br />Section 10: <br />Upon recording of the easement to be granted to the City of Everett as compensation and <br />fulfillment of the conditions set forth in Section 3, this ordinance shall become effective and <br />shall be recorded within the Snohomish County Auditor's Office. <br />ATTES <br />CITY CLERK <br />Passed: 11-9-05 <br />Valid: I I —15-05 <br />Published: 11-17-05 <br />Effective: 12-19-05 <br />