Laserfiche WebLink
12 <br />1.2 Overpass Temporary Construction Agreement.' An. Overpass <br />Temporary Construction Agreement, in substantially the form attached hereto as Exhibit "2," <br />will be entered into by and between BNSF and the Port, which has the general purpose of <br />permitting the Port to construct, at its cost and expense, a throw fence on one side of the <br />Riverside Overpass. <br />1.3 Riverside Overpass Easement Agreement. Under the teruis and <br />provisions of the Overpass Temporary Construction Agreement, BNSF and the City will enter <br />into that certain Easement Agreement, in substantially the form attached hereto as Exhibit "3," <br />the general purpose of which is to provide a non-exclusive ingress and egress, and utility <br />easement, for the benefit of the public to access Riverside Business Park, adjacent properties, as <br />well as the public access facilities within the Riverside Business Park. Upon recordation of this <br />Easement Agreement (or a memorandum thereof), the Port shall cause to be paid or credited to <br />the City, the sum of Forty Two Thousand and 00/100 Dollars ($42,000.00), which the City shall, <br />in turn, thereupon pay to BNSF. <br />1.4 Transfer of Riverside Overpass. Upon completion of the construction <br />contemplated by the above Overpass Temporary Construction Agreement and the execution and <br />recordation of the Easement Agreement referred to in Section 1.3 above and the Benson & <br />Wolken easement described in Section 2.2 below, the Port shall transfer to the City, by Quit <br />Claim Bill of Sale for Bridge, in the form and substance attached hereto as Exhibit "4," all right, <br />title and interest of the Port in the Riverside Overpass to the City, subject to such Easement <br />Agreement. Such transfer of ownership shall be "AS IS WHERE IS" and without any <br />warranties, express or implied, and without recourse. Effective upon such transfer, the City is <br />responsible for the operation and maintenance and repair of the Riverside Overpass. Upon <br />assuming ownership as provided herein of the Riverside Overpass, the City covenants and agrees <br />that it shall not make any changes or improvements to the Riverside Overpass for bike lanes <br />which would cause loss of one or more lanes of traffic without obtaining the advance written <br />consent of the Port in its sole judgment and discretion. <br />2. Benson & Wolken Public Easement Agreement. <br />2.1 Benson & Wolken Existing Private Easement. The westerly access to <br />the Riverside Overpass is from a public roadway off East Marine View Drive in the City of <br />Everett. The access road off this public roadway to the beginning of the Riverside Overpass is <br />located on a portion of real estate owned by Benson & Wolken Properties, LLC ("Benson & <br />Wolken"), and this portion of the roadway is subject to a private industrial roadway vehicular <br />ingress and egress easement granted to the Port under the terms and provisions of that certain <br />Access Ramp Easement and Construction Agreement recorded March 20, 1998 under <br />Snohomish County Auditor's File No. 9803200728. <br />2.2 Benson & Wolken New Public Access Easement. The Port shall pursue <br />acquiring a new easement on the existing private access easement from Benson & Wolken <br />Properties, LLC, in favor of the City to expand this existing private access easement, so that the <br />new easement will grant non-exclusive public use and access easement rights over the existing <br />access road, substantially in form attached hereto as Exhibit "5." <br />6 <br />62 <br />