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<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 the easterly 5' of vacated
<br /> Eugene Street 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
<br /> including, but not limited to, cable, telephone, gas, and electrical under, over, and across the
<br /> property above-described.
<br /> The City further retains the right of access across adjoining properties for the purposes set
<br /> forth herein.
<br /> Section 5:
<br /> That at all times activities conducted in an 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 submitted in writing
<br /> to the City and no such construction, work, or activity shall be commenced without City's
<br /> prior written agreement that the proposed construction, work, or activity will not interfere with
<br /> the City's easement described herein; PROVIDED, HOWEVER, any changes or revisions in
<br /> the plans shall also be subject to City'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
<br /> the adequacy or sufficiency of the plans and designs nor whether said construction, work, or
<br /> activity is in conformance with other applicable plans, codes, and regulations. Further,
<br /> agreement by the City to such construction, work, or activity shall not in any manner be
<br /> 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 /> judgment, constitutes a hazard to the easement and the City has the right of access for such
<br /> 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
<br /> any and all improvements placed or constructed thereon and the City, its officers, employees,
<br /> and agents are hereby held harmless from damage caused to said improvements from removal
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