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CITY <br /> TEMPORARY CONSTRUCTION EASEMENT <br /> (Snohomish River SNO 01-18) <br /> THIS TEMPORARY CONSTRUCTION EASEMENT (this"Agreement") is dated for reference <br /> purposes August 1, 2018 and is made by and between the CITY OF EVERETT, a Washington <br /> municipal corporation ("City")and DIKING IMPROVEMENT DISTRICT NO. 5 OF <br /> SNOHOMISH COUNTY ("Diking District No.5" or"DD5"), a diking district organized <br /> pursuant to Title 85 of the Revised Code of Washington. <br /> RECITALS <br /> A. DD5 is completing rehabilitation work on a portion the dike located on Smith <br /> Island adjacent to Union Slough,Rehabilitation of Flood Control Works, Union Slough Non- <br /> Federal Levee, Snohomish County, Washington, approved 3/06/2018 SNO-01-18 (on file with <br /> the Army Corps of Engineers)("Rehabilitation Project"). This work is referred to in this <br /> Agreement as the"Project"or"Rehabilitation Project." <br /> B. The City of Everett is the owner of certain real property located on Smith Island <br /> and more legally described herein, below and in Exhibit A. Portions of the Project are located on <br /> this property. This real property is referred to in this Agreement as the"Property." <br /> Government Lot 3 in Section 21 Township 29 North, Range 5 East of the <br /> Willamette Meridian. Except that portion conveyed to Snohomish County for a <br /> dike on December 21, 1931 under Snohomish County recording no. 511129. <br /> Situate in the County of Snohomish, State of Washington. <br /> [Tax ID#29052100200100] <br /> Section 16 Township 29 Range 05 Quarter NE -NE1/4 TGW NW 1/4 SE1/4 & <br /> SW1/4 SE1/4& TGW THAT PTN GOVT LOTS 1 &4 IN NW1/4 LY E OF SR <br /> 1 &TGW TH PTN GOVT LOTS 8 & 11 IN SW1/4 LY E OF SR 1 &TGW <br /> GOVTLOTS 6 & 12 IN SE1/4 <br /> Situate in the County of Snohomish, State of Washington <br /> [Tax ID#29051600100100] <br /> C. Without altering the rights DD5 has to access and a perpetual levee easement <br /> pursuant to instruments recorded at Snohomish County Auditor's File No. 536725 and 511129, <br /> DD5 has requested a temporary construction Easement(the"Easement") for use of the portion of <br /> the City's Property depicted in the attached EXHIBIT A being the Temporary Work Areas and <br /> Temporary Access routes consistent with the plans and specifications on file with the Army <br /> Corps of Engineers as shown on drawing SEE SE-RE-TR dated April 25, 2018 ("Easement <br /> DD5-City of Everett Temporary Construction Easement Agreement page 1 <br />