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2014/05/21 Council Agenda Packet
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2014/05/21 Council Agenda Packet
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Council Agenda Packet
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5/21/2014
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11 <br /> 7.7 Roadways Right of Way Easement. The Roadways Right of Way <br /> Easement, as provided for by Section 6 above, shall be entered into, executed and recorded <br /> within thirty (30) days after the latest of: <br /> (a) execution by BNSF of the Easement Agreement; <br /> (b) full execution of the Quit Claim Bill of Sale on Bridge; <br /> (c) full execution and recording of the Benson & Wolken New Public <br /> Access Easement; and <br /> (d) recording by the Port of the Declaration Amendments required <br /> under Sections 9 and 10 below. <br /> 8. Riverside Business Park Environmental Development Guidelines. The City <br /> hereby acknowledges certain environmental development guidelines with respect to "dirt" and <br /> "groundwater" at the Riverside Business Park attached hereto as Exhibit "15" (the <br /> "Environmental Development Guidelines"). The City covenants and agrees that it shall comply <br /> with the Environmental Development Guidelines in connection with any of its future activities <br /> with respect to the Riverside Business Park property, except as follows: <br /> 8.1 Public Access. The City does not covenant or agree to comply with the <br /> Development Guidelines with respect to public access at Riverside Business Park in connection <br /> with the Shoreline Management Act and/or the City's Shoreline Master Program. The <br /> connection, if any, between the Environmental Development Guidelines and such public access <br /> is part of the ongoing discussion regarding public access referred to in Recital C above. <br /> 8.2 Modified Guidelines. If for a particular City project the Washington <br /> Department of Ecology at the request of the City approves development guidelines or other <br /> requirements that modify or replace the Environmental Development Guidelines, then the City <br /> will comply with the Environmental Development Guidelines as modified or replaced. The Port <br /> will reasonably cooperate with the City's efforts for such DOE approval. <br /> 8.3 Future Amendment. The City does not covenant or agree to comply <br /> with future amendments to the Environmental Development Guidelines unless the City provides <br /> the Port with prior written consent to such amendment(s), which the City will not unreasonably <br /> withhold. <br /> 9. Amended Declaration of Covenants, Conditions, and Restrictions for the <br /> Riverside Business Park. On September 4, 2012, there was recorded with the Snohomish <br /> County Auditor, under AFN 201209040444, Declaration of Covenants, Conditions, and <br /> Restrictions for the Riverside Business Park("2012 Declaration"). As provided in Section 1.2 of <br /> this recorded 2012 Declaration, upon the Riverside Overpass Bridge being transferred to the <br /> City, as provided herein, and upon the access streets and roads within the Riverside Business <br /> Park becoming subject to the Roadways Right-of-Way Easement granted to the City, as provided <br /> herein, the recorded 2012 Declaration shall be amended to remove the access bridge and the <br /> 13 7 <br /> l. r, r <br />
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