Diking Improvement District No 5 8/15/2018 (2)

CITY TEMPORARY CONSTRUCTION EASEMENT (Union Slough SNO 01-18) THIS TEMPORARY CONSTRUCTION EASEMENT (this"Agreement") is dated for reference purposes August 1, 2018 and is made by and between the CITY OF EVERETT, a Washington municipal corporation ("City")and DIKING IMPROVEMENT DISTRICT NO. 5 OF SNOHOMISH COUNTY ("Diking District No.5" or"DD5"), a diking district organized pursuant to Title 85 of the Revised Code of Washington. RECITALS A. DD5 is completing rehabilitation work on a portion the dike located on Smith Island adjacent to Union Slough, Rehabilitation of Flood Control Works, Union Slough Non- Federal Levee, Snohomish County, Washington, approved 3/06/2018 SNO-01-18 (on file with the Army Corps of Engineers)("Rehabilitation Project"). This work is referred to in this Agreement as the"Project" or"Rehabilitation Project." B. The City of Everett is the owner of certain real property, as provided in that instrument filed at Snohomish County Auditor's File No. 201606070527, located on Smith Island and more legally described herein. Portions of the Project are located on this property. This real property is referred to in this Agreement as the"Property." That portion of Government Lot 8 and Government Lot 16 of Section 4, Township 29 North, Range 5 East, W.M. in the City of Everett, Snohomish County, Washington, described as follows: A 100.00 foot wide strip of land westerly of and adjacent to the Ordinary High Tide line of Union Slough, being the easterly 100 feet of Snohomish County Tax Parcel Number 29050400300200 lying between the eastly margin of State Route Number 529 (also known as State Highway Number 1) and the northerly bank of Union Slough Cutoff Having an area of 204,133 square feet or 4.69 acres, more or less Situate in the County of Snohomish, State of Washington. C. Without altering the rights DD5 has to access and a perpetual levee easement pursuant to instruments recorded at Snohomish County Auditor's File No. 635626, and rights at common law through long use and maintenance of a levee, which rights the City acknowledges, DD5 has requested a temporary construction Easement(the"Easement") for use of the portion of the City's Property depicted in the attached EXHIBIT A being temporary work areas and access routes consistent with the plans and specifications on file with the Army Corps of Engineers as shown on drawing SEE SE-RE-TR dated April 25, 2018 ("Easement Area") for certain permitted uses described herein and in said drawings, in connection with the Project("Permitted Uses"). DD5-City of Everett Temporary Construction Easement Agreement page 1