607 RIVERSIDE RD 2020-09-18 - Laserfiche WebLink

• 0 1.2 Overpass Temporary Construction Agreement. An Overpass V Temporary Construction Agreement, in substantially the form attached-hereto as Exhibit "2," V will be entered into by and between BNSF and the Port, which has the general purpose of . permitting the Port to construct, at its cost and expense, a throw fence on one side of the Riverside Overpass. , 1.3 Riverside Overpass Easement Agreement. Under the terms and provisions of the Overpass Temporary Construction Agreement, BNSF and the City will enter 45 into that certain Easement Agreement, in substantially the form attached hereto as Exhibit "3," the general purpose of which is to provide a non-exclusive ingress and egress, and utility easement, for the benefit of the public to access Riverside Business Park, adjacent properties, as well as the public access facilities within the Riverside Business Park. Upon recordation of this Easement Agreement (or a memorandum thereof), the Port shall cause to be paid or credited to the City, the sum of Forty Two Thousand and 00/100 Dollars ($42,000.00),which the City shall, in turn,thereupon pay to BNSF. 1.4 Transfer of Riverside Overpass. Upon completion of the construction contemplated by the above Overpass Temporary Construction Agreement and the execution and recordation of the Easement Agreement referred to in Section 1.3 above and the Benson & Wolken easement described in Section 2.2 below, the Port shall transfer to the City, by Quit Claim Bill of Sale for Bridge, in the form and substance attached hereto as Exhibit"4," all right, title and interest of the Port in the Riverside Overpass to the City, subject to such Easement Agreement. Such transfer of ownership shall be "AS IS WHERE IS" and without any ' warranties, express or implied, and without recourse. Effective upon such transfer, the City is Is'' responsible for the operation and maintenance and repair of the Riverside Overpass. Upon assuming ownership as provided herein of the Riverside Overpass,the City covenants and agrees that it shall not make any changes or improvements to the Riverside Overpass for bike lanes which would cause loss of one or more lanes of traffic without obtaining the advance written consent of the Port in its sole judgment and discretion. 2. Benson &Wolken Public Easement Agreement. 2.1 Benson & Wolken Existing Private Easement. The westerly access to the Riverside Overpass is from a public roadway off East Marine View Drive in the City of Everett. The access road off this public roadway to the beginning of the Riverside Overpass is located on a portion of real estate owned by Benson & Wolken Properties, LLC ("Benson & Wolken"), and this portion of the roadway is subject to a private industrial roadway vehicular ingress and egress easement granted to the Port under the terms and provisions of that certain Access Ramp Easement and Construction Agreement recorded March 20, 1998 under Snohomish County Auditor's File No. 9803200728. 2.2 Benson & Wolken New Public Access Easement. The Port shall pursue acquiring a new easement on the existing private access easement from Benson & Wolken Properties, LLC, in favor of the City to expand this existing private access easement, so that the '', new easement will grant non-exclusive public use and access easement rights over the existing ef) access road, substantially in form attached hereto as Exhibit"5." "r" c'—_,:4• 0000007