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Section 3: That this ordinance shall not become effective until the owners of <br /> the property abutting upon the street herein described have compensated the City <br /> of Everett in an amount equal to one-half the current appraised value of the area <br /> 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 construct, <br /> reconstruct, operate, maintain, repair and replace all utilities under, over and <br /> across the entire portion of said right-of-way as described in Section 1. <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 herein <br /> described easement shall be conducted so as not to interfere with, obstruct or <br /> endanger the usefulness of any improvements, or other facilities, now or hereafter <br /> maintained upon the easement or in any way interfere with, obstruct or endanger <br /> the City's use of the easement. <br /> -2- <br />