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Ordinance 1457-88
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Ordinance 1457-88
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Ordinances
Ordinance Number
1457-88
Date
3/9/1988
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Section 6: That the City of Everett hereby retains an easement for <br /> access and to construct, reconstruct, operate, maintain, repair and replace <br /> all utilities within the vacated area. The City of Everett further retains <br /> the right to grant to public and private utilities the right to construct, <br /> reconstruct, operate, maintain, repair and replace existing or proposed <br /> utility lines including, but not limited to telephone, gas and electrical, <br /> under, over and across the property above-described. <br /> Section 7: 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 8: Prior to any construction, work or any other activity <br /> being conducted in or on the herein easement by anyone other than the City, <br /> notification and plans for the same shall be submitted in writing to the City <br /> and no such construction, work or activity shall be commenced without City's <br /> prior written agreement that the proposed construction, work or activity will <br /> not interfere with City's easement described herein; PROVIDED, HOWEVER, any <br /> changes or revisions in the plans shall also be subject to City's prior <br /> agreement. The City's review of the plans under this easement shall not be <br /> deemed to impose any duty or obligation on the City to determine the adequacy <br /> or sufficiency of the plans and designs nor whether the construction, work or <br /> activity is in conformance with other applicable plans, codes and <br /> regulations. Further, approval 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 9: The City is hereby authorized to cut, trim and remove any <br /> and all brush, trees, other vegetation or debris upon the herein easement and <br /> the City has the right of access across adjacent properties for such <br /> purposes. The City is also authorized to cut, trim, and remove any and all <br /> brush, trees, other vegetation and debris on property adjacent to the easement <br /> which, in the City's reasonable judgement, constitutes a hazard to the <br /> easement and the City has the right of access across adjacent properties for <br /> such purposes. <br /> - 5 - <br />
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