Snohomish County 9/2/2016 (2) - Laserfiche WebLink

t WHEREAS, the Smith Island Project requires removal and relocation of a portion of the existing system of diking improvements within Diking Improvement District No. 5 of Snohomish County(also known as Diking District No. 5 and hereafter, the"District") as currently abutting and/or located upon property owned by the County and the City as shown on Exhibit A attached hereto; and WHEREAS, the County has petitioned and enacted the alteration of the system of improvements for the District in accordance with RCW 85.08.540 to build the County setback dike and breach the existing dike along Union Slough north of 12th Street NE; and WHEREAS, the City and the District entered into a settlement agreement effective November 22, 2002, whereby the District agreed to quitclaim to the City its easements for existing dikes located adjacent to Union Slough,between 12th Street NE and 4th Street SE and convey whatever property interest the District has in such dikes; and WHEREAS, the District quit claimed all its right title and interest in real estate, dikes, levees or other property located adjacent to Union Slough,between 12th Street NE and 4th Street SE by deed recorded under AFN 200303030331; and WHEREAS, some dikes, levees or other property located adjacent to Union Slough, between 12th Street NE and 4th Street SE are within an area the City proposes to use for advanced mitigation; and WHEREAS, the City desires the County to quitclaim property interest it holds per deeds recorded under AFN 511128 and AFN 536725 for dikes located adjacent to Union Slough,between 12th Street NE and 4th Street SE and to convey whatever property interest it holds in the former and existing dikes; and WHEREAS, the County and the City desire to coordinate and otherwise allocate responsibility for construction and related costs associated with the Smith Island Project; and WHEREAS, the City has already completed permitting and will be responsible for construction of the new setback dike on the Smith Island-City area as part of a previous program separate from the Smith Island Project, as more fully depicted in Exhibit A,with exception to the dike connection between the County's and City's setback dikes; and WHEREAS, the County has completed permitting for building that portion of the new setback dike along all other portions of the Smith Island Project (the"County Setback Dike") in the Smith Island-County area, as more fully depicted in Exhibit A; and WHEREAS, the County will also be responsible for performing the design and construction of the dike connection between the County Setback Dike and the City Setback Dike; and WHEREAS, the County has already completed permitting for dike breaching and construction of channels in the Smith Island-County area; and WHEREAS, City has not yet completed permitting for dike breaching and construction of channels in the Smith Island-City area; and WHEREAS, the County and the City intend to work jointly to bid and manage dike breaching and construction of channels; and INTERLOCAL AGREEMENT FOR IMPLEMENTATION OF THE SMITH ISLAND RESTORATION PROJECT PAGE 2