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shall be null and void if the abutting property owner(s) fail to exercise this <br /> vacation within ninety (90) days following passage of this ordinance. <br /> Section 4: That the City of Everett hereby retains an easement to <br /> construct, reconstruct, operate, maintain, repair and replace all utilities <br /> under, over and across the above described vacation. The City of Everett <br /> further retains the right to grant to public and private utilities the right <br /> to construct, reconstruct, operate, maintain, repair and replace existing or <br /> proposed utility lines, including but not limited to, telephone, gas and <br /> electrical, under, over, and across the property above-described. The City <br /> further retains the right of access across adjacent properties for the <br /> purposes described herein. <br /> Section 5: That at all times all activities conducted in and around <br /> the herein described easement shall be conducted so as not to interfere with, <br /> obstruct or endanger the City's use of the easement. <br /> Section 6: Prior to any construction, work or any other activity <br /> being conducted in or on the herein described easement by anyone other than <br /> the City, 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 <br /> City's prior written agreement that the proposed construction, work or <br /> activity will not interfere with City's easement described herein; PROVIDED, <br /> HOWEVER, any changes or revisions in the plans shall also be subject to City's <br /> prior agreement. The City's review of the plans under this easement shall not <br /> be deemed to impose any duty or obligation on the City to determine the <br /> adequacy or sufficiency of the plans and designs nor determine whether said <br /> construction, work or activity is in conformance with other applicable plans, <br /> codes and regulations. Further, agreement by the City to such construction, <br /> work or activity shall not in any manner be considered as imposing any <br /> obligation, duty or liability upon the City as to the safety or propriety of <br /> such construction, work or activity. <br /> Section 7: The City is hereby authorized to cut, trim and remove any <br /> and all brush, trees, other vegetation or debris upon the herein described <br /> easement and the City has the right of access across adjacent properties for <br /> such purposes. The City is also authorized to cut, trim and remove any and <br /> all brush, trees, other vegetation and debris on property adjacent to the <br /> - 2 - <br />