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Ordinance 3670-19
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Ordinance 3670-19
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5/1/2019 10:51:23 AM
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Ordinances
Ordinance Number
3670-19
Date
4/17/2019
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Section 6: <br /> Prior to any construction work being conducted in or on the easement area by anyone other than <br /> the City,a notification and plans for the same shall be submitted in writing to the City and no such <br /> construction,work,or activity shall be commenced without the City's prior written agreement that <br /> the proposed 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 subject to <br /> the City's prior agreement. The City's review of the plans under this easement shall not be deemed <br /> to impose any duty or obligation on the City to determine the adequacy or sufficiency of the plans <br /> and designs nor whether said construction, work, or activity is in conformance with other <br /> applicable plans, codes, and regulations. Further, agreement by the City to such construction, <br /> work, or activity shall not in any manner be considered as imposing any obligation, duty, or <br /> liability upon the City as to the safety or propriety of such construction, work, or activity. <br /> Section 7: <br /> The City is hereby authorized to remove any and all obstructions upon the easement area and the <br /> City has the right of access for such purposes. <br /> Section 8: <br /> In the event prior approval is not obtained for construction of improvements on or within the <br /> easement area, 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 harmless from <br /> damage caused to said improvements from removal thereof. The City is hereby authorized to <br /> charge for any and all costs incurred by the City in removing the improvements. This right is in <br /> addition to any other right the City may have in law or in equity. <br /> Section 9: <br /> If any provision of this Ordinance shall be declared unconstitutional or invalid by any court of <br /> competent jurisdiction, it shall be conclusively presumed that this Ordinance would have been <br /> enacted without the provision so held unconstitutional or invalid and the remainder of this <br /> Ordinance shall not be affected as a result of said part being held unconstitutional or invalid. <br /> Section 10: <br /> Upon the satisfaction of the conditions as set forth in Section 3, this Ordinance shall become <br /> effective and shall be recorded within the Snohomish County Auditor's Office. <br /> Section 11: <br /> All moneys derived from the vacation of the herein described rights of way shall be deposited into <br /> the Real Property Acquisition Fund 145 and any use of such moneys shall be consistent with <br /> Resolution No. 5083. <br /> Section 12: <br /> The City Clerk is authorized to make necessary corrections to this Ordinance including, but not <br /> limited to the correction of scrivener's/clerical errors, references, ordinance numbering, <br /> section/subsection numbers and any references thereto. <br /> Page 3 of 4 <br />
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