Ordinance 2971-07 - Laserfiche WebLink

subject to the 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. Section 8: Until termination of the easement as set forth in Section 10, below, the City is hereby authorized to cut, trim, and remove any and all brush, trees, other vegetation or debris upon the herein easement areas and the City has the right of access for such purposes. The City is also authorized to cut, trim, and remove any and all brush, trees, other vegetation, and debris on property adjacent to the easement areas which, in the City's reasonable judgment, constitutes a hazard to the easement and the City has the right of access for such purposes. Section 9: Until termination of the easements as set forth in Section 10, below, in the event any improvements are placed in/on the herein described easement areas or anything is constructed in/on the easement area without the written approval of the City Engineer first having been obtained, all such activity shall cease upon request of the City Engineer, and any and all improvements placed thereon without the written agreement of the City Engineer shall be removed. In the event prior approval is not obtained, the City is hereby authorized to remove any and all improvements placed or constructed thereon and the City, its officers, employees, and agents are hereby held harmless from damage caused to said improvements from removal thereof. The City is hereby authorized to charge for any and all costs incurred by the City in removing the improvements. This right is in addition to any other right the City may have in law or in equity. Section 10: Upon removal and relocation of all utilities within the respective above described retained easement areas by the Petitioner, the City agrees to surrender the retained easements provided the relocated utilities have been relocated and new easements provided and accepted by the City for the relocated utilities. After acceptance by the City of the relocated utilities and easements, all rights of the retained easements will revert to the Petitioner at no cost to the Petitioner. Without limiting the generality of the foregoing provision of this Section 10, upon automatic termination of the City's retained easements, Sections 5, 6, 7, 8 and 9 of this Ordinance shall have no further force or effect. To the extent that Petitioner requires documentation to clear title and document the termination of the easement rights in the City, the City agrees to execute such reasonable documentation as Petitioner may require for each such terminated, retained easement. Section 11: View corridors stall be preservejl and maintained to the western water's edge alongthe lengths and widths of 13 Street and 14 Street consistent with the North Marina Planned Development Overlay Agreement dated December 28, 2005, between the City of Everett and the Port of Everett. 4