Ordinance 1515-88 - Laserfiche WebLink

Section 2: That the City of Everett shall not be responsible nor liable for storm drainage runoff resulting from existing drainage patterns as established on City rights-of-way that may currently, or in the future, go over, under or across the above described street vacation. Section 3: That this ordinance shall not become effective until the owners of the property abutting upon the street herein described have compensated the State of Washington in an amount equal to the current appraised value of the area herein described. The abutting property owners shall have ninety (90) days following passage of this ordinance to exercise this vacation. Unless otherwise amended by City Council, this ordinance shall be null and void if the abutting property owner(s) fail to exercise this vacation within ninety (90) days following passage of this ordinance. Section 4: That the City of Everett hereby retains an easement to construct, reconstruct, operate, maintain, repair and replace all utilities under, over and across the above described vacation. The City of Everett further retains the right to grant to public and private utilities the right to construct, reconstruct, operate, maintain, repair and replace existing or proposed utility lines, including but not limited to, telephone, gas and electrical, under, over and across the property above-described. The City further retains the right of access across adjacent properties for the purposes described herein. Section 5: That at all times all activities conducted in and around the herein described easement shall be conducted so as not to interfere with, obstruct or endanger the City's use of the easement. Section 6: Prior to any construction, work or any other activity being conducted in or on the herein easement by anyone other than the City, notification and plans for the same shall be submitted in writing to the City and no such construction, work or activity shall be commenced without City's prior written agreement that the proposed construction, work or activity will not interfere with City's easement described herein; PROVIDED, HOWEVER, any changes or revisions in the plans shall also be subject to 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 determine whether said construction, work or activity is in conformance with other applicable plans, - 3 -