Ordinance 1961-93 - Laserfiche WebLink

Section 4: That the City of Everett hereby retains an easement to construct, reconstruct, operate, maintain, repair, and replace all utilities under, over, and across vacated portion of 16th Avenue S.E. as legally described within Section 1 of this ordinance. The City of Everett further retains the right to grant to public and private utilities the right to construct, reconstruct, operate, maintain, repair, and replace existing or proposed utility lines including, but not limited to, cable, telephone, gas, and electrical under, over, and across the property above-described. The City further retains the right of access across adjoining properties for the purposes set forth herein. Section 5: That at all times activities conducted in and around the herein described easement shall be conducted so as not to interfere with, obstruct, or endanger the usefulness of any improvements or other facilities now or hereafter maintained upon the easement or in any way interfere with, obstruct, or endanger the City's use of the easement. Section 6: Prior to any construction, work, or other activity being conducted in or on the herein easement by anyone other than the City, a notification and plans for the same shall submitted in writing to the City and no such construction, work, or activity shall be commenced without City's prior written agreement that the proposed construction, work, or activity will not interfere with the City's easement described herein; PROVIDED, HOWEVER, any changes or revisions in the plans shall also be subject to City's prior agreement. The City's review of the plans under this easement shall not be deemed to impose any duty or obligation on the City to determine the adequacy or sufficiency of the plans and designs nor whether said construction, work, or activity is in conformance with other applicable plans, codes, and regulations. Further, agreement by the City to such construction, work, or activity shall not in any manner be considered as imposing any obligation, duty, or liability upon the City as to the safety or propriety of such construction, work, or activity.