Form revised: December 6, 2011

 

 

 

FISCAL NOTE FOR NON-CAPITAL PROJECTS

 

Department:

Contact Person/Phone:

CBO Analyst/Phone:

Seattle Department of Transportation

Beverly Barnett/684-7564

Rebecca Guerra/684-5339

 

AN ORDINANCE vacating a portion of Southwest Dakota Street between West Marginal Way Southwest and the Southwesterly margin of  the Duwamish Waterway, a portion of Southwest Idaho Street between West Marginal Way Southwest and the Southwesterly Margin of the Duwamish Waterway, and a portion of West Marginal Way Southwest between Southwest Dakota Street and Southwest Idaho Street in the Duwamish Industrial Area of Seattle on the petition of the Port of Seattle; accepting a public access easement from the Port of Seattle for public access to the shoreline area at Terminal 105; accepting a  public access easement from the Port of Seattle for public access to the shoreline area at Terminal 107; accepting easement agreements from each of the Port of Seattle and JD Anderson, LLC for the construction, operation, and maintenance of stormwater drainage facilities; and accepting an easement and relinquishment of easement agreement from General Recycling of Washington, LLC for the construction, operation, and maintenance of a stormwater drainage facility and sanitary sewer facility, and relinquishment of an easement for sewer line, as reflected in Clerk File 297660. 

 

Summary of the Legislation:

 

This Council Bill completes the vacation process for a portion of Southwest Dakota Street between West Marginal Way Southwest and the Duwamish River, a portion of Southwest Idaho Street between West Marginal Way Southwest and the Duwamish River, and a portion of West Marginal Way Southwest between Southwest Dakota Street and Southwest Idaho Street in the Duwamish Industrial Area of Seattle (the “Street Property”) on the petition of the Port of Seattle (the “Petitioner”).  This legislation also accepts two perpetual non-exclusive easements for access to public benefit facilities and improvements at Terminal 105 and Terminal 107 in the Duwamish Industrial Area of Seattle, two easements for access to construct, operate, and maintain a stormwater drainage facility located within the Street Property, and an easement and relinquishment of easement agreement to construct, operate, and maintain a stormwater drainage facility and a sanitary sewer system located within the Street Property and relinquishment of an easement agreement erroneously granted to the City by Birmingham Steel Corporation.   

 

 
 


Background:  

(Include a brief description of the purpose and context of legislation and include record of previous legislation and funding history, if applicable.)

 

The Petitioner sought to vacate a portion of Southwest Dakota Street, a portion of Southwest Idaho Street, and a portion of West Marginal Way Southwest to facilitate the redevelopment of Terminal 105.  The redevelopment included demolition of existing surface structures, construction of new rail spurs, development of required utilities, realignment of site access, fencing, and storm water drainage systems  in order to manage the processing, storage, and transportation of recyclable scrap metal for local steel production plants. 

 

On February 3, 1997, the City Council voted to conditionally grant the Petitioner’s petition to vacate portions of street right-of-way.  To meet its public benefit requirement the Petitioner developed two public shoreline access sites on West Marginal Way Southwest at Terminal 105 and Terminal 107 incorporating a park at each terminal.  The parks collectively incorporate many amenities, most notably are the wildlife and salmon habitats, boat launch, restored shoreline, landscaping, sidewalks, benches and tables, a shoreline path, and signage as anticipated in the Comprehensive Public Access Plan for the Duwamish Waterway. 

 

Please check one of the following:

 

_X__   This legislation does not have any financial implications.

 

____    This legislation has financial implications.

 

 

Other Implications: 

 

a)      Does the legislation have indirect financial implications, or long-term implications?

 

This legislation does not accept or appropriate funds. 

 

b)     What is the financial cost of not implementing the legislation?  

 

This vacation petition has already been approved by the Seattle City Council which obligates the City to complete the vacation process, provided that the petitioner meets all the conditions imposed by the Council.  The Petitioner has met all the conditions.  Therefore, by not implementing this legislation, the City would be in violation of its obligations, which could have financial implications.    

 

c)      Does this legislation affect any departments besides the originating department? 

 

Yes.  The conditions required utility easements for Seattle Public Utilities to construct, operate, and maintain stormwater drainage facilities and a sanitary sewer system within the Street Property.  The easements have been granted and are being accepted through this legislation.  

 

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

 

None.  This legislation completes the vacation process.

 


 

e)      Is a public hearing required for this legislation? 

 

No.

 

f)       Is publication of notice with The Daily Journal of Commerce and/or The Seattle Times required for this legislation?

 

            No.

 

g)      Does this legislation affect a piece of property?

 

            Yes, it completes the vacation of right-of-way. 

 

 

h)     Other Issues:

 

List attachments to the fiscal note below:

 

Exhibit A:  Street Vacation Map

Exhibit B:  Vacation Vicinity Map