Ordinance 978-83 - Laserfiche WebLink

1 Section 3: That this ordinance shall not become effective until the owners of 2 the property abutting upon the street herein described have compensated the City of 3 Everett in an amount equal to one-half the current appraised value of the area herein 4 described. The abutting property owners shall have ninety (90) days following passage 5 of this ordinance to exercise this vacation. Unless otherwise amended by City Council, 6 this ordinance shall be null and void if the abutting property owners fail to exercise this 7 vacation within ninety (90) days following passage of this ordinance. 8 Section 4: That the City of Everett hereby retains an easement to construct, 9 reconstruct, operate, maintain, repair and replace all utilities under, over and across 10 the following described legal description: 11 An easement across that portion of McGill Avenue as hereinabove 12 described in Section 1. 13 The City of Everett further retains the right to grant to public and private 14 utilities the right to construct, reconstruct, operate, maintain, repair and replace 15 existing or proposed utility lines including, but not limited to, telephone, gas and 16 electrical, under, over and across the property above-described. The City further 17 retains the right of access across adjacent properties for the purposes described herein. 18 Section 5: That at all times all activities conducted in and around the herein 19 described easement shall be conducted so as not to interfere with, obstruct or endanger 20 the usefulness of any improvements, or other facilities, now or hereafter maintained 21 upon the easement or in any way interfere with, obstruct or endanger the City's use of 22 the easement. 23 Section 6: Prior to any construction, work or any other activity being 24 conducted in or on the herein easement by anyone other than the City, notification and 25 plans for the same shall be submitted in writing to the City and no such construction, 26 work or activity shall be commenced without City's prior written agreement that the 27 proposed construction, work or activity will not interfere with the City's easement 28 described herein; PROVIDED, HOWEVER, any changes or revisions in the plans shall 29 also be subject to City's prior agreement. The City's review of the plans under this 30 easement shall not be deemed to impose any duty or obligation on the City to determine 31 32 -2-