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Section 3: That this ordinance shallnot become effective until the owners <br /> of the property abutting upon the street herein described have compensated the <br /> City of Everett in an amount equal to one-half the current appraised value of the <br /> area herein described. The abutting property owners shall have ninety (90) days <br /> following passage of this ordinance to exercise this vacation. Unless otherwise <br /> amended by City Council, this ordinance shall be null and void if the abutting <br /> property owners 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 under, <br /> over and across the right-of-way: <br /> As herein described within Section 1 of this Ordinance. <br /> The City of Everett further retains the right to grant to public and private <br /> utilities the right to construct, reconstruct, operate, maintain, repair and replace <br /> existing or proposed utility lines including, but not limited to, telephone, gas and <br /> electrical, under, over and across the property above-described. The City further <br /> retains the right of access across adjacent properties for the purposes described <br /> herein. <br /> Section 5: That at all times all activities conducted in and around the <br /> herein described easement shall be conducted so as not to interfere with, obstruct <br /> or endanger the usefulness of any improvements, or other facilities, now or <br /> hereafter maintained upon the easement or in any way interfere with, obstruct or <br /> 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 and <br /> no such construction, work or activity shall be commenced without City's prior <br /> written agreement that the proposed construction, work or activity will not <br /> interfere with the City's easement described herein; PROVIDED, HOWEVER, any <br /> changes or revisions in the plans shall also be subject to City's prior agreement. <br /> The City's review of the plans under this easement shall not be deemed to impose <br /> any duty or obligation on the City to determine the adequacy or sufficiency of the <br /> plans and designs nor determine whether said construction, work or activity is in <br /> -2- <br />