AN ORDINANCE relating to the Department of Parks and Recreation and Seattle Public Utilities; transferring partial jurisdiction of a portion of Lake Washington Boulevard located beneath, adjacent to, and across Lake Washington Boulevard South from a parking lot at 53 ^rd Avenue South, from the Department of Parks and Recreation to Seattle Public Utilities for maintenance, repair and operation of a combined sewer overflow underground storage tank, associated underground pipes and electrical lines, and limited surface ancillary facilities; and finding that transfer of partial jurisdiction meets the requirements of Ordinance 118477, which adopted Initiative 42.

WHEREAS, by Washington State Session Laws, 1913, Chapter 183, portions of the shorelands and bed of Lake Washington were reserved for public uses and granted and donated to the City of Seattle for public park, parkway and boulevard purposes; and

WHEREAS, a parking lot near Lakewood Moorage (Parking Lot) and lands adjacent to and across Lake Washington Boulevard South to the west from the Parking Lot all exist within the boundaries of the park boulevard known as Lake Washington Boulevard near 53 ^rd Avenue South; and

WHEREAS, the City of Seattle, operating through Seattle Public Utilities (SPU), owns and operates a combined sewer system that overflows during heavy rain events; and

WHEREAS, the combined sewer system overflows (CSOs) are governed by the State of Washington under the terms of a National Pollutant Discharge Elimination System (NPDES) permit; and

WHEREAS, based on the volume of overflows and their impact on water quality in Lake Washington, Basin 43, which is upland of the Parking Lot, has been identified in the NPDES permit as a priority for CSO reduction, including regulatory milestones for completion of a capital improvement project; and

WHEREAS, after nearly two years of study and discussions with residents and other interested stakeholders, SPU has determined that constructing an underground storage tank beneath the Parking Lot will address, in part, the reduction in CSOs required by the NPDES permit; and

WHEREAS, the Department of Parks and Recreation (DPR) and SPU have determined that a transfer of partial jurisdiction of the areas to be occupied by the underground storage tank, associated underground pipes and electrical lines, and limited surface ancillary facilities from DPR to SPU is appropriate because of the permanent nature of the tank and ancillary facilities and to facilitate efficient on-going maintenance, repair and operation of the underground storage tank and ancillary facilities by SPU; and

WHEREAS, DPR and SPU have communicated with or received correspondence from the State Attorney General's Office, the Washington State Recreation & Conservation Office and the National Park Service, and DPR and SPU are satisfied that they have taken all necessary steps to confirm that SPU's CSO reduction project does not violate applicable conditions and restrictions of the donation of the property and grant funding; and

WHEREAS, the City Council has held a public hearing in accordance with the requirements of Section 3 of Ordinance 118477, adopting Initiative 42; NOW, THEREFORE,

BE IT ORDAINED BY THE CITY OF SEATTLE AS FOLLOWS:

Section 1. The City Council hereby finds that the transfer of limited and partial jurisdiction of a portion of Lake Washington Boulevard, as described in Section 2 below, from the Department of Parks and Recreation (DPR) to Seattle Public Utilities (SPU) for the maintenance, repair, and operation of a combined sewer overflow underground storage tank, associated underground pipes and electrical lines, and limited surface ancillary facilities (CSO Facility) to reduce combined sewer system overflows into Lake Washington, meets the requirements of Ordinance 118477, adopting Initiative 42, as follows: (a) the proposed use is necessary because there is no reasonable and practical alternative location for the CSO Facility; (b) transfer of limited and partial jurisdiction for maintenance, repair, and operation of the CSO Facility is equivalent to a subsurface or utility easement, as permitted by Section 3 of Ordinance 118477; and (c) the CSO Facility is compatible with park use because it is compatible with the current use of the property for parking and landscaping.

Section 2. Effective as of the date of completion of the CSO Facility (which shall be constructed pursuant to authorization and terms and conditions of a permit for nonpark use of park property issued by DPR), such limited and partial jurisdiction of the real property legally described and depicted in Attachment 1, attached hereto and incorporated herein (Use Area) as shall be necessary for the maintenance, repair, and operation of the CSO Facility is transferred from the DPR to SPU on the conditions that (a) SPU shall give the DPR at least 5 days notice of intent to access the Use Area for maintenance and repair, except in case of emergency, and shall coordinate with DPR to avoid time periods when heavy use of public parking is anticipated; (b) after any maintenance and repair, SPU will restore the Use Area, at SPU's expense, to at least the condition existing immediately prior to such maintenance and repair; and (c) SPU shall not use any park land outside of the Use Area, except for access purposes permitted in Section 3 below, for such maintenance and/or repair without the prior written approval of the DPR. Both SPU and DPR understand that notwithstanding the legal descriptions in Attachment 1, all of the Use Area except that portion occupied by limited surface ancillary facilities is subsurface.

Section 3. In order to reach the Use Area, SPU shall have reasonable pedestrian access across the adjacent park land, or vehicular access if required for maintenance or repair, but only on the paved parking lot. SPU shall restore any park land, vegetation or improvements damaged by such access, at SPU's expense, to at least the condition existing immediately prior to such maintenance and repair.

Section 4. This ordinance shall take effect and be in force 30 days after its approval by the Mayor, but if not approved and returned by the Mayor within ten days after presentation, it shall take effect as provided by Seattle Municipal Code Section 1.04.020.

Passed by the City Council the ____ day of ________________________, 2013, and signed by me in open session in authentication of its passage this

_____ day of ___________________, 2013.

_________________________________

President __________of the City Council

Approved by me this ____ day of _____________________, 2013.

_________________________________

Michael McGinn, Mayor

Filed by me this ____ day of __________________________, 2013.

____________________________________

Monica Martinez Simmons, City Clerk

(Seal)

Andrew Lee SPU I-42 Genesee 43 ORD December 17, 2012 Version #5

Attachment 1: Use Area

Attachment 1: Use Area