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Be and the same is hereby vacated pursuant to the conditions set forth in this <br /> ordinance. <br /> Section 2: That the City of Everett shall not be responsible nor liable for <br /> storm drainage runoff resulting from existing drainage patterns as <br /> established on City rights-of-way that may currently, or in the <br /> future, go over, under or across the property described in <br /> Section 1 herein. <br /> Section 3: That the City of Everett hereby retains an easement to construct, <br /> reconstruct, operate, maintain, repair and replace all utilities <br /> under, over and across the following easements: <br /> Easement #1: The northwesterly 10 feet of Heather Road lying <br /> southeasterly of and adjoining said Lots 38 and 6 of said plats. <br /> Eastment #2: A 10 foot strip of land crossing Heather Road the <br /> southwesterly margin being described as the southeasterly <br /> prolongation of the common property line of Lots 38 and 6 to the <br /> common corner between said Lots 37 and 7 as it exists on the <br /> southeasterly margin of Heather Road. <br /> The City of Everett further retains the right to grant to public <br /> and private utilities the right to construct, reconstruct, operate, <br /> maintain, repair and replace existing or proposed utility lines <br /> including, but not limited to telephone, gas and electrical, under, <br /> over and across the property above described. The City further <br /> retains the right of access across adjacent properties for the <br /> purposes described herein. <br /> Section 4: That at all times all activities conducted in and around the herein <br /> described easement shall be conducted so as not to interefere with, <br /> obstruct or endanger the City's use of the easement. <br /> - 2 - <br />