AN ORDINANCE relating to the NE 45 ^th Street Viaduct project; authorizing the Director of Seattle Public Utilities to acquire, accept, and record, on behalf of the City of Seattle, a permanent sewer easement from the University of Washington for a combined sewer main; placing said easement under the jurisdiction of Seattle Public Utilities; declaring a separate sanitary sewer easement in the vicinity to be surplus to the City of Seattle's needs; and authorizing relinquishment of the surplus easement.

WHEREAS, Seattle Department of Transportation's (SDOT) NE 45 ^th Street Viaduct project (Project) was part of the City's Bridge Rehabilitation and Replacement program funded primarily from the "Bridging the Gap" levy, voted on and passed by the citizens of Seattle in November of 2006 and provided for in the City of Seattle's 2011 Adopted Budget; and

WHEREAS, a portion of the structurally deficient 468-foot west approach of the viaduct was replaced to maintain a safe and efficient travel corridor for vehicles, pedestrians, and bicycles as part of the Project; and

WHEREAS, the University of Washington in 1979 granted the City of Seattle an easement for sanitary sewer and appurtenances (Prior Sewer Easement); along NE 45 ^th Street, which the City accepted pursuant to Ordinance 108396 and recorded under Recording Number 7903190533; and

WHEREAS, the Project necessitated the relocation of the portion of the sanitary sewer and appurtenances that had existed within the Prior Sewer Easement area; and

WHEREAS, the Prior Sewer Easement is therefore no longer required for municipal utility purposes and has become surplus to the City's needs, such that Seattle Public Utilities (SPU) desires to relinquish it; and

WHEREAS, SPU uses a combined sewer main that is within the Project area but in a different location from the Prior Sewer Easement area; and

WHEREAS, SPU desires to formally obtain a new utility easement from the University of Washington for the combined sewer main and access thereto (New Sewer Easement); and

WHEREAS, the interests of the City and SPU customers are best served by relinquishing the Prior Sewer Easement and accepting the New Sewer Easement; NOW, THEREFORE,

BE IT ORDAINED BY THE CITY OF SEATTLE AS FOLLOWS:

Section 1. The Director of Seattle Public Utilities, or his designee, is authorized, on behalf of the City of Seattle, to acquire, accept, and record with King County a permanent Sewer Easement and Agreement, substantially in the form attached hereto as Attachment A, for a combined sewer main and access over, under, across, and upon the following described real property in Seattle, King County, Washington:

That portion of the Northeast Quarter of the Northwest quarter of Section 16, Township 25 North, Range 4 East, W.M. lying south of the south margin of NE 45 ^th Street as established by Washington State Legislature, Chapter 81, Laws of 1957, described as follows;

Commencing at a survey monument in case marking the intersection of the monument lines of said NE 45 ^th Street and 22nd Avenue NE from which the North Quarter Corner of said Section 16 bears South 88 degrees 51'04" East a distance of 936.42 feet;

Thence South 10 degrees 35'50" West a distance of 56.93 feet to the south margin of said NE 45 ^th Street;

Thence North 86 degrees 28'57" East along said south margin a distance of 237.33 feet to the beginning of a non-tangent curve concave to the south from which the radius point for said curve bears South 03 degrees 51'02" East a distance of 485.00 feet;

Thence east along the arc of said curve and said south margin through a central angle of 4 degrees 59'59" a distance of 42.32 feet;

Thence continuing along said south margin South 88 degrees 51'04" East a distance of 332.56 feet to the POINT OF BEGINNING;

Thence continuing South 88 degrees 51'04" East along said south margin a distance of 53.15 feet;

Thence South 01 degrees 08'56" West a distance of 15.00 feet;

Thence North 88 degrees 51'04" West parallel with said south margin a distance of 20.59 feet;

Thence South 02 degrees 32'25" East a distance of 15.84 feet;

Thence South 39 degrees 48'02" East a distance of 52.32 feet;

Thence South 75 degrees 06'29" East a distance of 20.08 feet;

Thence South 14 degrees 25'58" East a distance of 17.20 feet;

Thence North 75 degrees 06'29" West a distance of 33.28 feet;

Thence North 39 degrees 48'02" West a distance of 91.05 feet;

Thence North 01 degrees 08'38" East a distance of 15.00 feet to the POINT OF BEGINNING.

Situate in the City of Seattle, County of King, State of Washington.

Easement area contains 2,530 square feet, more or less.

Section 2. The Sewer Easement and Agreement when recorded shall be placed under the jurisdiction of Seattle Public Utilities.

Section 3. Concurrently with execution of the Sewer Easement and Agreement described in Section 1, the Director of Seattle Public Utilities, or his designee, is authorized to execute on behalf of the City of Seattle a Release of Easement, substantially in the form attached hereto as Attachment B.

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)

Teri Hallauer SPU UW Sewer Easement ORD July 26, 2012 Version #6

Attachment A -Sewer Easement & Agreement

This SEWER EASEMENT AND AGREEMENT ("Agreement"), is dated this _______ day of _______________, 2012, and is entered into by and between the BOARD OF REGENTS OF THE UNIVERSITY OF WASHINGTON, a state institution of higher education and an Agency of the State of Washington ("University" or "Grantor"), and THE CITY OF SEATTLE ("City"), a municipal corporation of the State of Washington, acting by and through its Seattle Public Utilities Department ("SPU") ("Grantee"). Grantor and Grantee are referred to collectively herein as the "Parties."

RECITALS

A. Grantor owns that certain real property located in Seattle, Washington, and commonly known as the University of Washington campus ("Grantor's Property").

B. Grantee obtained an easement over a portion of Grantor's Property dated February 9, 1979, under Recording Number 7903190533, Records of King County, Washington ("Prior Sewer Easement").

C. Grantee wishes to release and relinquish all right, title and interest in said Prior Sewer Easement, in exchange for a new easement over a different portion of Grantor's Property.

D. Grantor desires to grant to the City, on the terms and conditions contained herein, a new easement over, under, through, across and upon a portion of Grantor's Property for the purposes set forth herein, and the City desires to accept the grant of such easement.

E. The Parties will execute the release of, and will record, the Prior Sewer Easement contemporaneously with this Sewer Easement and Agreement.

NOW THEREFORE, in consideration of the promises and mutual covenants contained herein and other good and valuable consideration, receipt and sufficiency of which is hereby acknowledged, the Parties hereby agree as follows:

AGREEMENT

1. Grant of Easement. Grantor hereby conveys and grants to Grantee, its successors and assigns, a permanent easement over, under, through, across and upon that certain portion of Grantor's Property legally described in Exhibit A and depicted in Exhibit B, which exhibits are attached hereto and incorporated herein by this reference (the "Easement Area"), for the right, privilege and authority to construct, reconstruct, improve, repair, replace, operate and maintain a combined sewer and stormwater drainage pipe and any necessary appurtenances, including but not limited to service pipes, manholes, monitoring equipment (collectively, the "Utility Facilities").

2. Purpose and Uses.

a. Grantee, its employees, contractors, agents, invitees, and consultants shall have the right, without prior institution of any suit or legal proceeding or incurring any legal obligation or liability therefore, at any times as may be necessary or convenient, to enter upon and use the Easement Area to access the Utility Facilities, and to install, construct, reconstruct, alter, repair, replace, operate, improve, maintain or remove, all or part of the Utility Facilities from the Easement Area.

b. Without limiting the generality of the purposes and uses stated above, Grantee, at its own expense, shall have the right to replace any of the Utility Facilities within the Easement Area with utility facilities of the same or larger diameter and capacity and to install additional and/or replacement utility facilities within the Easement Area.

c. Except in the case of emergencies, Grantee shall provide at least thirty (30) days prior written notice to Grantor of any work that will impact or impede foot or vehicle traffic flow in the immediate area/general location of the Easement Area.

3. Grantor's Reservation of Rights. Subject to the conditions set forth below, Grantor shall have the right to use the Easement Area in any way and for any legal purpose not inconsistent with the rights herein granted to Grantee and the terms and conditions of this Agreement. As used in this Agreement, "Grantor" shall include Grantor's employees, contractors, tenants, lessees, agents, invitees, and consultants:

a. No new building, other permanent structures, fence, wall, rockery, trees, shrubbery, fill material, improvement or obstruction of any kind shall be constructed or placed by Grantor within the Easement Area prior to obtaining Grantee's review and written approval, which shall not be unreasonably withheld.

b. Grantor shall not make any excavation, boring, or tunneling within twenty (20) feet of the Easement Area prior to obtaining Grantee's review and written approval, which shall not be unreasonably withheld.

c. Grantor agrees that no other utility facility, such as conduits, cable, pipelines, vaults, poles, posts, whether public or private, will be installed within five (5) horizontal feet of the Utility Facilities prior to obtaining Grantee's review and written approval, which shall not be unreasonably withheld. Any grant of additional utility rights within the Easement Area shall include language stating such utility facility rights are subordinate to Grantee's rights. All utility crossings must maintain a vertical clearance of no less than eighteen (18) inches from said Utility Facilities.

d. Grantor shall not blast or discharge any explosives, nor permit the same, within fifty (50) feet of Utility Facilities or other equipment on or in the Easement Area.

e. Grantor shall not allow vehicle parking or storage of materials or equipment to cover access to manholes or other access points or monitoring equipment. Grantee may move or impound any such vehicle, materials or equipment at Grantor's sole expense and shall be held harmless from any damage to such vehicle, materials or equipment.

4. Indemnification. To the extent allowed by law, Grantee will hold harmless, indemnify and defend Grantor from any and all claims, demands, suits, damages, loss or liability, including reasonable attorneys' fees, arising from Grantee's exercise of the rights granted herein; provided, however, that Grantee shall not be responsible for claims, demands, suits, damages, loss or liability arising out of the negligence of Grantor. Grantee shall be liable for any damage to Grantor or Grantor's Property through its negligence in the construction, maintenance and operation of the Utility Facilities within the Easement Area, except for any damage arising out of the negligence of Grantor, its employees, agents or invitees.

5. Compliance with Laws. Grantee and Grantor, in the exercise of their respective rights under this Agreement, shall comply with all applicable federal, state and local laws, ordinances, and regulations, including environmental laws and regulations.

6. Term. This Agreement, and the easement rights granted herein, shall continue to be in force until such time as Grantee, its successors or assigns permanently remove or abandon the Utility Facilities from the Easement Area, at which time all such rights, title, privileges and authority shall terminate.

7. Relocation. Grantor reserves the right, at Grantor's cost, to relocate the Utility Facilities. In such event, Grantor shall request Grantee's approval by submitting work plans to Grantee no less than ninety (90) days prior to the commencement of the proposed relocation, which work plans shall include the new proposed location for the Utility Facilities. Grantee shall provide said approval, including such restrictions and conditions as reasonably appropriate to protect any Utility Facilities, or shall provide written objections, specifying the grounds therefore, within thirty (30) days of submittal of Grantor's work plans. Grantee's authorization shall not be unreasonably denied, but may include such restrictions and conditions as are appropriate to protect existing and future planned Utility Facilities within the Easement Area.

8. Inspection and Reports. Grantee shall maintain the Utility Facilities in good and safe condition, and shall inspect the Utility Facilities routinely. Grantee shall provide copies to Grantor, at Grantor's request, of any inspection or maintenance reports relating to the portion of the Utility Facilities located within the Easement Area. Grantor reserves the right to request that an inspection be conducted by Grantee, at Grantor's expense, and that the results of the inspection be provided to Grantor, in the event Grantor has concerns regarding the condition of the Utility Facilities within the Easement Area.

9. No Liens. The City shall be solely responsible for all costs and expenses related to the Utility Facilities. No liens are enforceable against Grantor's Property.

10. Entire Agreement; Amendment. This Agreement contains the entire understanding of the parties and supersedes all prior agreements and understandings among the parties relating to the subject matter of this Agreement. This Agreement may be amended only by a written instrument executed by both parties and recorded in the real property records of King County.

11. Binding Effect. This Agreement and the agreements contained herein shall be deemed covenants running with the land and shall inure to the benefit of, and shall be binding upon, the respective successors, grantees, heirs and assigns of the parties.

12. Notices. All notices or requests required or permitted under this Agreement (a) shall be in writing, (b) shall be personally delivered or sent by certified mail, return receipt requested, postage prepaid, by nationally recognized overnight courier, and (c) shall be deemed given when so delivered and received at the following addresses:

To Grantor: Attn: Director

Real Estate Office

University of Washington

4333 Brooklyn Avenue NE

Seattle, WA 98105

To Grantee: Attn: Director

Seattle Public Utilities

700 Fifth Avenue, Suite 4900

P.O. Box 34018

Seattle, WA 98124-4018

EXECUTED as of the day and year first above written.

I certify that I know or have satisfactory evidence that JEANETTE L. HENDERSON is the person who appeared before me, and said person acknowledged that she signed this instrument, on oath stated that she was authorized to execute the instrument and acknowledged it as the DIRECTOR OF REAL ESTATE of the BOARD OF REGENTS OF THE UNIVERSITY OF WASHINGTON, a state institution of higher education and an agency of the State of Washington, to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument.

DATED this _____ day of ___________ , 2012.

I certify that I know or have satisfactory evidence that RAY HOFFMAN is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as the DIRECTOR OF SEATTLE PUBLIC UTILITIES of THE CITY OF SEATTLE, a Washington municipal corporation, to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument.

DATED this _____ day of ___________ , 2012.

Exhibit A

That portion of the Northeast Quarter of the Northwest quarter of Section 16, Township 25 North, Range 4 East, W.M. lying south of the south margin of NE 45 ^th Street as established by Washington State Legislature, Chapter 81, Laws of 1957, described as follows;

Commencing at a survey monument in case marking the intersection of the monument lines of said NE 45 ^th Street and 22nd Avenue NE from which the North Quarter Corner of said Section 16 bears South 88 degrees 51'04" East a distance of 936.42 feet;

Thence South 10 degrees 35'50" West a distance of 56.93 feet to the south margin of said NE 45 ^th Street;

Thence North 86 degrees 28'57" East along said south margin a distance of 237.33 feet to the beginning of a non-tangent curve concave to the south from which the radius point for said curve bears South 03 degrees 51'02" East a distance of 485.00 feet;

Thence east along the arc of said curve and said south margin through a central angle of 4 degrees 59'59" a distance of 42.32 feet;

Thence continuing along said south margin South 88 degrees 51'04" East a distance of 332.56 feet to the POINT OF BEGINNING;

Thence continuing South 88 degrees 51'04" East along said south margin a distance of 53.15 feet;

Thence South 01 degrees 08'56" West a distance of 15.00 feet;

Thence North 88 degrees 51'04" West parallel with said south margin a distance of 20.59 feet;

Thence South 02 degrees 32'25" East a distance of 15.84 feet;

Thence South 39 degrees 48'02" East a distance of 52.32 feet;

Thence South 75 degrees 06'29" East a distance of 20.08 feet;

Thence South 14 degrees 25'58" East a distance of 17.20 feet;

Thence North 75 degrees 06'29" West a distance of 33.28 feet;

Thence North 39 degrees 48'02" West a distance of 91.05 feet;

Thence North 01 degrees 08'38" East a distance of 15.00 feet to the POINT OF BEGINNING.

Situate in the City of Seattle, County of King, State of Washington.

Easement area contains 2,530 square feet, more or less.

Exhibit B

Attachment B -Release of Easement

Recording Requested By And Attachment B

When Recorded Mail To:

City of Seattle

Seattle Public Utilities Real Property

P O Box 34018

Seattle, WA 98124-4018

RELEASE OF EASEMENT

Reference #s of Document to be Released 7903190533

Grantor: City of Seattle

Grantee: Board of Regents of the University of Washington

Legal Description (abbreviated): Pt of NW 1/4 of Sec 16 T25N, R4 E

Assessor's Tax Parcel ID#: Pt of 1625049001

THE CITY OF SEATTLE, acting through its Seattle Public Utilities Department, does hereby release and relinquish all right title and interest in that certain easement dated February 9, 1979, under Recording Number 7903190533, Records of King County, Washington, described as follows:

The north 15 feet of that portion of the Northwest one quarter of Section 16, Township 25 North, Range 4 East, W.M. in King County, Washington, lying south of Northeast 45 ^th Street, as established by Ordinance 17947 and Chapter 81 Laws of 1957, and lying between lines which are respectively 90 feet and 390 feet east of and parallel with the east margin of 22 ^nd Avenue Northeast produced southerly.

IN WITNESS THEREOFF: THE CITY OF SEATTLE has caused these presents to be executed and its corporate seal affixed hereto pursuant to Ordinance __________, this ____ day of __________, 2012.

THE CITY OF SEATTLE

BY: ______________________________

Ray Hoffman, Director

Seattle Public Utilities

STATE OF WASHINGTON )

: ss.

County of King )

I certify that I know or have satisfactory evidence that Ray Hoffman is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he is authorized to execute the instrument and acknowledged it as the Director, Seattle Public Utilities, of the City of Seattle, a municipal corporation of the State of Washington, to be the free an voluntary act of such party for the uses and purposes mentioned in this instrument.

GIVEN under my hand and official seal the day and year last above written.

Notary (print name)

Notary Public in and for the State of Washington,

residing at

My Appointment expires