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• <br /> Section 3: That this ordinance shall not become effective until the <br /> owners of the property abutting upon the street herein described have <br /> compensated the City of Everett in an amount equal to one-half the current <br /> appraised value of the reversionary interest of the area herein described. <br /> The abutting property owners shall have ninety (90) days following passage of <br /> this ordinance to exercise this vacation. Unless otherwise amended by City <br /> Council, this ordinance shall be null and void if the abutting property <br /> owner(s) fail to exercise this vacation within ninety (90) days following <br /> passage of this ordinance. <br /> Section 4: That the City of Everett hereby retains an easement to <br /> construct, reconstruct, operate, maintain, repair and replace all utilities <br /> under, over and across the above described vacation. The City of Everett <br /> further retains the right to grant to public and private utilities the right <br /> to construct, reconstruct, operate, maintain, repair and replace existing or <br /> proposed utility lines including, but not limited to telephone, gas and <br /> electrical, under, over and across the property above-described. The City <br /> further retains the right of access across adjacent properties for the <br /> purposes descibed herein. <br /> Section 5: 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 6: Prior to any construction, work or any other activity being <br /> 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 determine whether said <br /> construction, work or activity is in conformance with other applicable plans, <br /> codes and regulations. Further, agreement by the City to such construction, <br /> work or activity shall not in any manner be considered as imposing any <br /> obligation, duty or liability upon the City as to the safety or propriety of <br /> • such construction, work or activity. <br />