Ordinance 1290-86 - Laserfiche WebLink

• Section 5: 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 descibed herein. Section 6: 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 7: 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, 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: The City is hereby authorized to cut, trim and remove any and all brush, trees, other vegetation or debris upon the herein described easement and the City has the right of access across adjacent properties 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 which, in the City's reasonable judgement, constitutes a hazard to the easement and the City has the right of access across adjacent properties for such purposes. Section 9: In the event any improvements are placed in/on the herein described easement or anything is constructed in/on the easement 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 at law or in equity.