2014/05/28 Council Agenda Packet

1 2 3. Tulalip Waterline Easement Extension. 3.1 Existing Tulalip Waterline Easements. At the present time, the City holds two (2) utility waterline easements for the Tulalip water pipeline project over portions of the Riverside Business Park. A City of Everett/Tulalip Water Pipe Easement granted by the Port of Everett was recorded on March 23, 2011 under Snohomish County Auditor's File No. 201103230200. A City of Everett/Tulalip Water Pipe Easement granted by Snohomish County was recorded on October 5, 2012 under Snohomish County Auditor's File No. 201210050753. 3.2 Expansion of Tulalip Waterline Easement. The existing underground waterline held by the City "daylights" at a spot on the access road to the east of the Cymbaluk property. The Port will grant the City a permanent waterline easement, similar in form and substance to the above recorded easement granted to Snohomish County and substantially in the form attached hereto as Exhibit "6," so that the waterline utility may run from its present above "daylight" location, in a southerly direction on the access road to the above Snohomish County property, and connect there with the waterline easement already existing by virtue of the above easement recorded on the Snohomish County property. 3.3 Temporary Construction Easement. In connection with the necessary construction for the above permanent waterline easement, the Port shall also grant the City temporary construction easements: One (1) for "pipe laydown" on those portions of the Riverside Business Park adjacent to the area of the permanent waterline easement; two (2) on Lot 9 of the Riverside Business Park; one (1) for "excavation" and one (1) for "pipe laydown"; and one (1) for vehicular access across Lot 7 to Lot 9. This temporary construction easement containing all of these easements shall be substantially in the form attached hereto as Exhibit "7." 4. Stormwater System. 4.1 Stormwater Drainage Easement. Presently existing within the Riverside Business Park is a stormwater drainage system. The Port shall grant to the City, by recordable document, substantially in the form attached hereto as Exhibit "8," a non-exclusive utility easement in certain areas of the Riverside Business Park for the general purpose of stormwater utility access, maintenance, and operation (the "Stormwater Tnfrastructure and Retention Pond Easement""). The Stormwater Infrastructure and Retention Pond Easement does not include Lot 8 as shown in the boundary line adjustment and survey recorded under Snohomish County recording number 2010101135001 ("Lot 8"). The Lot 8 stormwater drainage system is instead subject to Section 4.4 below. 4.2 Stormwater Detention Pond. 4.2.1 Location. Designated as Pond "D" of the Riverside Business Park, as indicated on that certain Boundary Line Adjustment recorded on October 13, 2010 under Snohomish County Auditor's File No. 201010135001, and revised by that certain Affidavit of Minor Correction of Survey recorded on January 31, 2012 under Snohomish County Auditor's 7 63