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r • <br /> Section 8: In the event any improvements are placed in/on the herein <br /> described easement or anything is constructed in/on the easement without the <br /> written approval of the City Engineer first having been obtained, all such <br /> activity shall cease upon request of the City Engineer, and any and all <br /> improvements placed thereon without the written agreement of the City Engineer <br /> shall be removed. In the event prior approval is not obtained, the City is <br /> hereby authorized to remove any and all improvements placed or constructed <br /> thereon and the City, its officers, employees and agents are hereby held <br /> harmless from damage caused to said improvements from removal thereof. The <br /> City is hereby authorized to charge for any and all costs incurred by the City <br /> in removing the improvements. This right is in addition to any other right <br /> the City may have at law or in equity. <br /> Section 9: In accordance with Exhibit "B" of the Vacation Petition, <br /> CASCADE DEVELOPMENT GROUP LIMITED PARTNERSHIP (hereinafter "Cascade"), it's <br /> successors and assigns, shall maintain Pigeon Creek No. 1, that lies near the <br /> easterly boundary of the property described in Section 1, above, and shall <br /> take such steps as are necessary to avoid flooding on Lot 12, Block 1, Beverly <br /> Home Tracts, Division No. 1. This shall be enforced as an equitable servitude <br /> and constitutes a covenant running with the land. <br /> Section 10: That all monies from the sale of the above described <br /> right-of-way vacation shall be deposited in the "Real Property Acquisition <br /> Fund."(FUND 145) <br /> Section 11: Upon the payment of the required compensation and <br /> fulfillment of each and every condition recited herein, this ordinance shall <br /> be recorded with the Snohomish County Auditor. <br /> '4c <br /> ;e---. "4" <br /> WILLIAM E. MOORE, Mayor <br /> ATTEST: <br /> Allir. <br /> i/ City Clerk _ /J�� r <br /> Passed: / -/O -8(P <br /> Valid: / -/ ' -46 <br /> Published: //ct -/7_A; <br /> 0244P <br /> 3 <br /> I <br />