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. <br /> RESOLUTION NO. <br /> A RESOLUTION regarding the BNSF Railway Company <br /> • Pigeon Creek Slope Stabilization Project <br /> WHEREAS, review of that certain portion of City owned utility real property as <br /> described in Exhibit A, attached hereto and incorporated herein by reference, has been <br /> completed by all City Departments and has received approval of the:Mayor; and <br /> WHEREAS, in accordance with RCW 35.94.040 the City of Everett did hold a public <br /> hearing on May 13, 2015, regarding the proposed surplus of City owned utility property <br /> which was originally acquired for utility purposes; and <br /> WHEREAS, the Everett City Council finds and determines that the real property in the <br /> vicinity of Pigeon Creek described in Exhibit A, is not 'and will not be needed for City <br /> purposes and is therefore, declared to be surplus; and <br /> WHEREAS,the Everett City Council finds that the City is acting in compliance with the <br /> City Charter and the requirements of Ordinance No. 2935-06 establishing the process for <br /> the sale of City owned real property; <br /> WHEREAS, BNSF Railway Company, under the Washington State Department 'of <br /> Transportation and American Recovery and Reinvestment Act Program, is making safety <br /> improvements-to its rail corridor in areas that are prone to slides; and <br /> WHEREAS, the property described in Exhibit A is needed by BNSF Railway Company <br /> in order to make the safety improvements to its rail corridor; and <br /> WHEREAS, the Everett City Council approves the. Agreement Regarding Option To <br /> Acquire Fee Parcel And Regarding Crossing Licenses—BNSF/City of Everett,which has <br /> been negotiated by City staff, for the purposes of granting BNSF Railway Company an <br /> option to take title to the property described in Exhibit A, in return for granting the City a <br /> right to receive for future use two crossing licenses across railroad right of way at no <br /> charge to the City and approves the Temporary Construction Easement; <br /> • <br /> • <br /> NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE <br /> CITY OF EVERETT as follows: <br /> • <br /> Section 1: The real property described in.Exhibit A is not and will not be needed for City <br /> purposes, and is;therefore, declared to be surplus property. <br /> Section 2: The_ Mayor is authorized to execute the agreement to transfer the real property <br /> described in Exhibit A to BNSF Railway Company upon the terms and conditions as <br /> specified in the "Agreement Regarding Option To Acquire Fee Parcel And Regarding <br /> 2 <br />