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<br /> for 675.2 feet to the Northwest corner of the Southwest quarter of the Southwest
<br /> quarter of tje Southwest quarter of said Seciton 8, the true point of beginning;
<br /> thence S88 07'26"E, along the North line of the Southwest quarter of the
<br /> Southwest quarter of the Southwest quarter, for a distance of 154.19 feet to the
<br /> Westerly line of Broadway (State Road Number 1 - Pacific Highway); thence
<br /> N20 5910175, along the Westerly line of said highway for a distance of 99.46 feet;
<br /> thence N88 07'26"W for a distance of 188.41 feet to the West line of said Section
<br /> 8; thence S00°52'00"W, along the West line of Section 8 for a distance of 94.01
<br /> feet to the true point of beginning; situated in the County of Snohomish, State of
<br /> Washington.
<br /> Section 4: That this ordinance shall not become effective until the owners of the
<br /> property abutting upon the street herein described have compensated the City of
<br /> Everett in an amount equal to one-half the current appraised value of the area herein
<br /> described. The abutting property owners shall have ninety (90) days following passage
<br /> of this ordinance to exercise this vacation. Unless otherwise amended by City Council,
<br /> this ordinance shall be null and void if the abutting property owners fail to exercise this
<br /> vacation within ninety (90) days following passage of this ordinance.
<br /> Section 5: That the City of Everett hereby retains an easement to construct,
<br /> reconstruct, operate, maintain, repair, and replace all utilities under, over, and across
<br /> vacated Spokane Drive as legally 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, cable, telephone, gas, and
<br /> electrical under, over, and across the property above-described.
<br /> The City further retains the right of access across adjoining properties for the
<br /> purposes set forth herein.
<br /> Section 6: 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 endanger
<br /> the usefulness of any improvements or other facilities now or hereafter maintained upon
<br /> the easement or in any way interfere with, obstruct, or endanger the City's use of the
<br /> easement.
<br /> Section 7: Prior to any construction, work, or any other activity being conducted
<br /> in or on the herein easement by anyone other than the City, a notification and plans for
<br /> the same shall be submitted in writing to the City and no such construction, work, or
<br /> activity shall be commenced without City's prior written agreement that the proposed
<br /> construction, work, or activity will not interfere with the City's easement described
<br /> herein; PROVIDED, HOWEVER, any changes or revisions in the plans shall also be
<br /> subject to City's prior agreement. The City's review of the plans under this easement
<br /> shall not be deemed to impose any duty or obligation on the City to determine the
<br /> adequacy or sufficiency of the plans and designs nor whether said construction, work, or
<br /> activity is in conformance with other applicable plans, codes, and regulations. Further,
<br /> agreement by the City to such construction, work, or activity shall not in any manner be
<br /> considered as imposing any obligation, duty, or liability upon the City as to the safety or
<br /> propriety of such construction, work, or activity.
<br /> Section 8: The City is hereby authorized to cut, trim, and remove any and all
<br /> brush, trees, other vegetation or debris upon the herein easement and the City has the
<br /> right of access for such purposes. The City is also authorized to cut, trim, and remove
<br /> any and all brush, trees, other vegetation, and debris on property adjacent to the
<br /> easement which, in the City's reasonable judgment, constitutes a hazard to the
<br /> easement and the City has the right of access for such purposes.
<br /> Section 9: In the event any improvements are placed in/on the herein described
<br /> easement or anything is constructed in/on the easement without the written approval of
<br /> the City Engineer first having been obtained, all such activity shall cease upon request
<br /> of the City Engineer, and any and all improvements placed thereon without the written
<br /> agreement of the City Engineer shall be removed. In the event prior approval is not
<br /> obtained, the City is hereby authorized to remove any and all improvements placed or
<br /> constructed thereon and the City, its officers, employees, and agents are hereby held
<br /> harmless from damage caused to said improvements from removal thereof. The City is
<br /> hereby authorized to charge for any and all costs incurred by the City in removing the
<br /> improvements. This right is in addition to any other right the City may have at law or
<br /> in equity.
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