AN ORDINANCE relating to Seattle Public Utilities; authorizing the Director of Seattle Public Utilities to transfer sewer infrastructure to King County; and to relinquish portions of two sewer main easements in King County Parcel No. 2824049007, known as 7777 Perimeter Road South, King County International Airport, Seattle; and to declare portions of the easements and associated sewer infrastructure in the above property surplus to the City of Seattle's needs.

WHEREAS, at no cost to the City, King County installed sewer mains within King County International Airport; and

WHEREAS, for a nominal charge, King County transferred ownership of sewer mains in this area to the City as authorized by City of Seattle Ordinance 87482, approved August 26, 1958, and King County Resolution 18615, executed June 23, 1958; and

WHEREAS, King County granted the City sewer easements for the transferred sewer mains and for additional sewer mains that connected the transferred sewer mains to the City sewer system, said easements recorded as King County Auditor Nos. 5120969 and 5212110 and accepted by City of Seattle Ordinance 87482 and 89652; and

WHEREAS, the City built new sewer mains in 1967 in Airport Way South to serve this area and plugged and abandoned in place approximately 140 feet of the King County-installed sewer main in Easement 5212110; and

WHEREAS, as a result of the 1967 construction the remaining sewer main serves only one property owner and has become a private sewer main; and

WHEREAS, a portion of the property over the private sewer main is being redeveloped by Quad 7 Development, LLC, Lessee, requiring both the transfer of ownership of approximately 910 feet of the King County-installed sewer main to King County and the partial relinquishment of Easements 5120969 and 5212110; and

WHEREAS, portions of these sewer easements and associated sewer infrastructure have become surplus to the City's needs; NOW, THEREFORE,

BE IT ORDAINED BY THE CITY OF SEATTLE AS FOLLOWS:

Section 1. Pursuant to the provisions of RCW 35.94.040, and after public hearing, portions of the sewer easement rights and sewer main in King County Parcel No. 2824049007, as accepted by Ordinances 87482 and 89652 and as described in Attachments 1 through 4 attached hereto, are hereby found and declared to be no longer required for municipal utility purposes and surplus to the City of Seattle's utility needs.

Section 2. The Director of Seattle Public Utilities, or his designee, is hereby authorized to execute for and on behalf of the City of Seattle the Partial Relinquishment of Easements, substantially in the form of Attachments 1 and 2 and depicted in Attachment 3 attached hereto.

Section 3. The Director of Seattle Public Utilities, or his designee, is hereby authorized to execute for and on behalf of the City of Seattle a Bill Of Sale and Transfer of Personal Property, substantially in the form of Attachment 4 attached hereto.

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 ________________________, 2012, and signed by me in open session in authentication of its passage this

_____ day of ___________________, 2012.

_________________________________

President __________of the City Council

Approved by me this ____ day of _____________________, 2012.

_________________________________

Michael McGinn, Mayor

Filed by me this ____ day of __________________________, 2012.

____________________________________

Monica Martinez Simmons, City Clerk

(Seal)

Attachment 1 -Partial Relinquishment of Easement 5120969

Attachment 2 -Partial Relinquishment of Easement 5212110

Attachment 3 -Partial Relinquishments of Easements at King County International Airport

Attachment 4 -Bill of Sale and Transfer of Personal Property

Pree Carpenter SPU KC Airport Easements ORD January 30, 2012 Version #5

Attachment 1 -Partial Relinquishment of Easement 5120969

Attachment 1

Recording Requested By And

When Recorded Mail To:

Seattle Public Utilities

Facilities and Real Property Services

PO Box 34018

Seattle WA 98124-4018

PARTIAL RELINQUISHMENT OF EASEMENT

Reference #s of Documents Released or Assigned: Pt of AF #5120969

Grantor: City of Seattle

Grantee: King County

Legal Description (abbreviated): Pt of SE 1/4 Sec 28, T 24 N, R 4 E,WM

Assessor's Tax Parcel ID#: Pt of 282404-9007

RW 2008-17001

On this _____ day of ________________, 2012, THE CITY OF SEATTLE, a municipal corporation of the State of Washington, ("Grantor"), for and in consideration of mutual and offsetting benefits, receipt of which is hereby acknowledged, does hereby relinquish to KING COUNTY, a political subdivision of the State of Washington ("Grantee"), its successors and assigns, all right, title and interest in the portion of that certain drainage easement dated June 23, 1958, recorded under King County Auditor's Number 5120969 and described as follows and as shown below on Page 4 of 4:

That portion of the following described easement within the Samuel Maples Donation Claim No 49 and the Henry Van Asselt Donation Claim No 50 lying within the Southwest Quarter of the Southeast Quarter of Section 28, Township 24 North, Range 4 East, W.M.

A sewer easement 10 feet in width over portion of L. M. Collins' Donation Claim, of Samuel Maple's Donation Claim, and of Henry Van Asselt's Donation Claim, and of the Filled Riverbed of the Duwamish River, the centerline of which is described as follows: Beginning at the intersection of the center-line of Hardy Street and the center-line of Airport Way; thence southeasterly along the center-line of Airport Way 1189 feet; thence south 19 degrees 10' 21" west to the northwesterly line of Boeing Field as established by King County Superior Court Cause No. 210213; thence continuing south 19 degrees 10' 21" west to a point 129.07 feet (measured along said bearing) from the center-line of Airport Way;

thence south 38 degrees 40' 01" east 326.44 feet; thence south 38 degrees 43' 38" east 1315.35 feet; thence south 38 degrees 47' 30" east 300.15 feet; thence south 38 degrees 39' 30" east 350.77 feet; thence south 38 degrees 44' 52" east 694.90 feet; thence south 6 degrees 36' 16" west 88.33 feet; thence south 38 degrees 51' 44" east 290.01 feet; thence south 38 degrees 46' 36" east 269.82 feet; thence south 37 degrees 08' 50" east 524.00 feet; thence south 26 degrees 01' 34" east 46.00 feet to the TRUE POINT OF BEGINNING of that portion of easement to be relinquished; thence south 26 degrees 01' 34" east 26.47 feet to the Southerly line of the Samuel Maples Donation Claim No 49 also being the northerly line of Henry Van Asselt Donation Claim No 50; thence south 26 degrees 01' 34" east 219.73 feet; thence south 48 degrees 29' 16" east 118.41 feet; thence south 24 degrees 00' 53" east 287.43 feet; thence south 31 degrees 45' 11" east 276.33 feet to the terminus of said easement relinquishment; except any portion thereof that may lie within that certain parcel of land deeded by King County to the United States of America under Auditor's File No. 3159030.

IN WITNESS THEREOF, Grantor executes this document through its Director of Seattle Public Utilities as authorized by Ordinance _____________, this ____ day of __________, 2012.

THE CITY OF SEATTLE

By: _________________________________

Ray Hoffman, Seattle Public Utilities

STATE OF ____________________)

)ss.

COUNTY OF ____________________)

I certify that I know or have satisfactory evidence that Ray Hoffman is the person who appeared before me, and 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 municipal corporation of the State of Washington, to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument.

IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year above first written.

______________________________________

NAME

(Print) _________________________________

NOTARY PUBLIC in and for the State of ___________________________________ ___

Residing at ___________________________.

My appointment expires __________________ .

((SEAL))

Portion of Easement 5120969 Relinquished by this Document

Attachment 2 -Partial Relinquishment of Easement 5212110

Attachment 2

Recording Requested By And

When Recorded Mail To:

Seattle Public Utilities

Facilities and Real Property Services

PO Box 34018

Seattle WA 98124-4018

PARTIAL RELINQUISHMENT OF EASEMENT

Reference #s of Documents Released or Assigned: Pt of AF #5212110

Grantor: City of Seattle

Grantee: King County

Legal Description (abbreviated): Pt of SE 1/4 Sec 28, T 24 N, R 4 E,WM

Assessor's Tax Parcel ID#: Pt of 282404-9007

RW 2008-17002

On this _____ day of ________________, 2012, THE CITY OF SEATTLE, a municipal corporation of the State of Washington, ("Grantor"), for and in consideration of mutual and offsetting benefits, receipt of which is hereby acknowledged, does hereby relinquish to KING COUNTY, a political subdivision of the State of Washington ("Grantee"), its successors and assigns, all right, title and interest in the portion of that certain drainage easement dated September 6, 1960, recorded under King County Auditor's Number 5212110 and described as follows:

A 10-foot easement for sewer purposes over a portion of Henry Van Asselt Donation Claim No. 50 in Section 28, Township 24 North, Range 4 East, W.M., being 5 feet on each side of a center line described as follows: Beginning at the intersection of the southwesterly line of Airport Way and the south line of said section; thence north 17 degrees 29' 38" west along said southwesterly line 291.35 feet to the true point of beginning; thence south 83 degrees 51' 57" west 147.35 feet.

IN WITNESS THEREOF, Grantor executes this document through its Director of Seattle Public Utilities, or his designee, as authorized by Ordinance __________, this ____ day of __________, 2012.

THE CITY OF SEATTLE

By: _________________________________

Ray Hoffman, Seattle Public Utilities

STATE OF ____________________)

)ss.

COUNTY OF ____________________)

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

IN WITNESS WHEREOF, I have hereunto set my had and official seal the day and year above first written.

________________________________

NAME

(Print) _________________________________

NOTARY PUBLIC in and for the State of ___________________________________ __

Residing at ___________________________.

My appointment expires __________________ .

((SEAL))

Portion of Easement 5212110 Relinquished by this Document

Attachment 3 -Partial Relinquishments of Easements at King County International Airport

Attachment 3

Partial Relinquishments of Easements at King County International Airport

This map shows the entire easements with the portions to be relinquished.

Attachment 4 -Bill of Sale and Transfer of Personal Property

Attachment 4

BILL OF SALE AND TRANSFER OF PERSONAL PROPERTY

THE CITY OF SEATTLE, a Washington municipal corporation, acting by and through Seattle Public Utilities ("City"),

for and in partial consideration of good and valuable consideration hereby sells, assigns, quitclaims, transfers, conveys and delivers to King County, without warranty or recourse, all of the City's right, title and interest in and to the following described personal property:

All of the eight-inch diameter sanitary sewer facility identified in the attached Exhibit A.

The transfers and conveyances referenced herein are without warranty as to title and ownership of the Facilities. Seller disclaims all implied warranties of any kind whatsoever, including without limitation implied warranties of condition, merchantability or fitness for a particular purpose. The Facilities are being transferred in "as is" condition and where presently located.

Dated this _____ day of _____________, 2012.

Seller: THE CITY OF SEATTLE

By: ________________________

Ray Hoffman, Director

Seattle Public Utilities

STATE OF ____________________)

)ss.

COUNTY OF ____________________)

I certify that I know or have satisfactory evidence that Ray Hoffman is the person who appeared before me, and 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 municipal corporation of the State of Washington, to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument.

IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year above first written.

______________________________________

NAME

(Print) _________________________________

NOTARY PUBLIC in and for the State of __________________________________ ____

Residing at ___________________________.

My appointment expires __________________ .

((SEAL))

Exhibit A

That portion of eight (8) inch concrete sewer line as constructed, in the SW 1/4 of the SE 1/4 of Section 28, Township 24 N, Range 4 East as described and illustrated below:

Beginning at WW Pump Station 045, running southwesterly 134.03 feet, more or less, to maintenance hole labeled 072-025;

Thence running southeasterly 241.25 feet, more or less, to maintenance hole labeled 072-026;

Thence running southeasterly 118.63 feet, more or less, to maintenance hole labeled 072-027;

Thence running southeasterly 290.06 feet, more or less, to maintenance hole labeled 072-028;

Thence running southeasterly 275.13 feet, more or less, to maintenance hole labeled 072-029; and the end of this description.

(Pump station and maintenance holes labeled with City of Seattle labels.)