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