3429 15TH ST 2018-02-23 - Laserfiche WebLink

, - � � � , / .� �� l�� � � �� �/ l STORMWATER AGREEMENT This Stormwater Agreement (this "Agreement") is entered into as of XX, 2015, by and between the CITY OF EVERETT, a Wasllington municipal corporation (the "City"), and BNSF RAILWAY COMPANY, a Delaware corporation (the "Grantor"). RECITALS A. The City owns and operates a storm sewer system within the City's limits. B. The Grantor owns property located at 15��' Street and Winter Street, Everett, WA 98201 (the "Grantor Property"), also known as the Delta Yard. The Grantor is preparing to construct improvements on the Grantor Property. The legal description of the Grantor Property is Lots 1, 2, 3, 4, and 5 of Block 275 of the Plat of Everett Division O, Recorded in Volume 6 of Plats, Page 9, Records of Snohomish County, Washington, together with the north half of 15t�' Street vacated under ordinance no. 1676-90. Tax Parcel No 00 4383 275 001 00 C. In connection with this planned construction, the Grantor has applied to the City for Building Permit No. B-1411-035 (the "Permit"). As a condition of the Permit, the City requires the Grantor to install street and sewer improvements on City-owned property or City right of way, including a 28' roadway along the project frontage with Winter Street and a 6' sidewalk and curb, together with related stormwater facilities. D. As of the date of this Agreement, some of the stormwater originating from Winter Street flows uncontrolled onto the Grantor Property. The City's storm sewer system has not been extended to the intersection of 15th Street and Winter Street, or to the Delta Yard entrance. E. In connection with the planned improvements on the Grantor Property, and as a condition of the Yermit, the Grantor intends to install catch basins and piping on property that the City owns in fee or over which it holds a right-of-way to convey City stormwater from portions of 15th Street and Winter Street (the "Stormwater Facilities") to a stormwater pre-treatment and detention system that the Grantor proposes to construct on Grantor Property (the "Grantor's System"). The Stormwater Facilities and Grantor's System are depicted in Exhibits A and B to this Agreement, respectively. F. The Parties have determined that the total area served by the Stormwater Facilities amounts to _ square feet of City roadway (the "Service Area"), as described in Exhibit C to this Agreement. G. The City has approved the plans and specifications for construction of the Stormwater Facilities (�xhibit A), and has approved Grantor's construction of the Stormwater• facilities on City-owned property or City right of way. .� � �//� �___