Ordinance 1137-85 - Laserfiche WebLink

Section 3: That this ordinance shall not become effective until the proponents/petitioners/owners convey to the City of Everett, the following described parcels for street and municipal purposes: The South 5.0 feet of lots 1, 2, 3, 4, 5, 6, 7, 8 and 9, Block 1, Plat of Beverly Park, according to the plat thereof recorded in Volume 8 of Plats, page 24 records of Snohomish County, Washington. Section 4: That the City of Everett hereby retains an easement to construct, reconstruct, operate, maintain, repair and replace all utilities under, over and across the following described portion of said right-of-way as described within above Section 1: The South 60 feet thereof; 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 described herein. Section 5: 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 usefulness of any improvements, or other facilities, now or hereafter maintained upon the easement or in any way interfere with, obstruct or endanger the City's use of the easement. Section 6: 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 the 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. -2-