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.. <br /> . . . _ - <br /> 10111,'' . <br /> . . <br /> ' EVERETT <br /> ltillff <br /> regulations. Further, agreement by the City to such construction, work, or <br /> activity shall not in any manner be considered as imposing any obligation, <br /> duty, or liability upon the City as to the safety or propriety of such <br /> construction, work, or activity. <br /> Section 7: <br /> The City is hereby authorized to cut, trim, and remove any and all brush, <br /> trees, other vegetation or debris upon the herein easement and the City has <br /> the right of access for such purposes. The City is also authorized to cut, <br /> trim, and remove any and all brush, trees, other vegetation, and debris on <br /> property adjacent to the easement which, in the City's reasonable judgement, <br /> constitutes a hazard to the easement and the City has the right of access for <br /> such purposes. <br /> Section 8: <br /> In the event any improvements are placed in/on the herein described easement <br /> or anything is constructed in/on the easement without the written approval of <br /> the City Engineer first having been obtained, all such activity shall cease <br /> upon request of the City Engineer, and any and all improvements placed thereon <br /> without the written agreement of the City Engineer shall be removed. In the <br /> event prior approval is not obtained, the City is hereby authorized to remove <br /> any and all improvements plaaed or constructed thereon and the City, its <br /> officers, employees, and agents are hereby held harmless from damage caused to <br /> said improvements from removal thereof. The City is hereby authorized to <br /> charge for any and all costs incurred by the City in removing the <br /> improvements. This right is in addition to any other right the City may have <br /> at law or in equity. <br /> Section 9: <br /> If any provision of this ordinance shall be declared unconstitutional or <br /> invalid by any court of competent jurisdiction, it shall be conclusively <br /> presumed that this ordinance would have been enacted without the provision so <br /> held unconstitutional or invalid and the remainder of this ordinance shall not <br /> be affected as a result of said part being held unconstitutional or invalid. <br /> Section 10: <br /> That all monies derived from the sale of the above-described right-of-way <br /> vacation shall be deposited in the "Real Property Acquisition Fund." <br /> -3- <br /> ou) <br />