2025/11/05 Council Agenda Packet

4 comment period under Section 1.B.3 has ended for the application. If Everett issues a Transmission Line Right-of-Way Use Permit for development or construction within the Water Corridor at least seven days prior to the issuance of the Lake Stevens permit or authorization, then compliance with the Transmission Line Right-of-Way Use Permit will be incorporated as a condition in the Lake Stevens permit or other authorization for the development or construction. If Everett is unable to issue a Transmission Line Right-of-Way Use Permit at least seven days prior to Lake Stevens permit or authorization issuance, or if for any other reason compliance with an issued Transmission Line Right-of-Way Use Permit is not a condition of the Lake Stevens issued permit or authorization, Everett remains free to enforce Everett’s easements, including without limitation requiring the applicant to obtain a Transmission Line Right-of-Way Use Permit for projects within the Water Corridor. (The Parties acknowledge that the term “Transmission Line Right-of-Way Use Permit” is Everett’s historical terminology for the written permission that Everett issues, in accordance with Everett’s property rights for the Water Corridor, for persons to use the Water Corridor. A “Transmission Line Right-of-Way Use Permit” does not affect Lake Stevens’ permitting authority for permits and associated improvements within Lake Stevens pursuant to Chapter 35A.11 RCW.) For the purposes of this Agreement, the person that is issued a Transmission Line Right-of-Way Use Permit by Everett or equivalent written permission by Everett is referred to as the “Water Corridor Permittee.” 1.B.6(b) Water Transmission Line Right-of-Way Standards. Everett will provide Lake Stevens with copies of Everett’s Water Transmission Line Right-of-Way Standards for Lake Stevens to provide to applicants. Lake Stevens will be given the opportunity to comment on any substantive edits or updates to the Water Transmission Line Right-of-Way Standards. 1.B.6(c) Pre-Approved Improvements within the Water Corridor. Everett will work with proposed private and public developments to issue Transmission Line Right-of-Way Use Permits for the following improvements within the Water Corridor, so long as such improvements are at no cost to Everett and designed and constructed in accordance with Everett’s Water Transmission Line Right-of-Way Standards: 1.B.6(c)(i) Paved Area Allowance. Everett will issue Transmission Line Right-of-Way Use Permits to allow surface paving in an area up to 30-feet wide measured from the northern boundary of the Water Corridor, as shown in Exhibit 1 attached to this Agreement marked as “Paved Area Allowance” except for where Everett infrastructure is located within 10-feet horizontally from the proposed paving. Examples of Everett infrastructure that require 10-foot separation include but are not limited to: air relief valves, pressure reducing valves, pressure sustaining valve assemblies, blowoff assemblies, water meters and similar appurtenances. The Transmission Line Right-of-Way Use Permit for each such surface paved area may contain some or all of the following restrictions and requirements: (1) the surface paved area may contain only pavement, stripes, and extruded curbs, and may not contain anything else (for example, the surface paved areas may not contain underground or overhead improvements, catch basins, storm drains, sewers, electrical, or communications), except at approved road crossings; (2) all runoff from the surface paved area must drain to the north and be collected outside of the Water Corridor; and (3) no overnight parking may be allowed on the surface paved area and violators must be towed away at no cost to Everett and the surface paved area must be signed accordingly. 1.B.6(c)(ii) Driveway and Utility Crossings. Everett will issue Transmission Line Right-of-Way Use Permits to allow perpendicular driveway and utility