Form revised: December 14, 2010

FISCAL NOTE FOR NON-CAPITAL PROJECTS

Department:	Contact Person/Phone:	CBO Analyst/Phone:
Seattle Public Utilities	Judith Cross / 386-1814	Karen Grove/ 684-5805

Legislation Title:

AN ORDINANCE relating to Seattle Public Utilities; declaring as surplus certain property rights in Seattle Public Utilities property in the 10300 block of 47^th Avenue Southwest in Seattle, Washington; and authorizing the Director of Seattle Public Utilities to execute and convey an easement for such surplus property rights to Gary G. St. Arnaud and Ginger L. Marshall.

Summary of the Legislation:

This legislation declares as surplus to the City’s needs an easement for a deck on City property managed by SPU and authorizes the Director of Seattle Public Utilities to grant an easement for the deck to Gary G. St. Arnaud and Ginger L. Marshall in exchange for $1,340.

Background:

The City in 1987 purchased a 9,650 square foot property south of the Fauntleroy Ferry Terminal for slope stabilization and to repair sewer lines damaged in a landslide.  A private deck built between 1999 and 2005 without City permission or knowledge encroaches on approximately 350 square feet of the lot.   A buyer considering purchasing the property brought this deck encroachment to SPU’s attention in 2008.  After the party bought the home, SPU granted the owner a permit for the deck. 

The current property owners asked to purchase fee title to the City property under their deck to clear the encroachment.  However, SPU has an 18” storm drain and an 8” sanitary sewer line near the deck.  In lieu of fee title to the property, SPU engineers are recommending the utility grant an easement for the deck, allowing SPU to retain its rights to protect utility infrastructure.  This non-exclusive deck easement would give the grantees the right only to maintain and repair the deck.  They may not landscape, plant vegetation, reconstruct the deck, or change the land, deck or retaining wall without prior written permission from SPU. 

Please check one of the following:

____ This legislation does not have any financial implications.

(Stop here and delete the remainder of this document prior to saving and printing.)

_X_     This legislation has financial implications. (Please complete all relevant sections that follow.)

Anticipated Revenue/Reimbursement: Resulting from this Legislation:

Fund Name and Number	Department	Revenue Source	2011 Revenue	2012 Revenue
Drainage and Wastewater Fund – 44010	SPU	Other Non-Operating Revenue	$1,340.79
TOTAL			$1,340.79

Revenue/Reimbursement Notes:

These revenues would be derived from the sale of the easement. 

What is the financial cost of not implementing the legislation?

Sale of easement would not proceed and the encroachment would not be cleared. 

Does this legislation affect any departments besides the originating department?

No.

What are the possible alternatives to the legislation that could achieve the same or similar objectives?

A long-term permit would achieve the same end.  However, a long-term permit would similarly require an ordinance. 

Is the legislation subject to public hearing requirements?

Yes.  Pursuant to RCW 35.94.040, a public hearing will be held by the Council’s Seattle Public Utilities and Neighborhoods Committee.

Other Issues:

None

List attachments to the fiscal note below:

N/A