CITY OF SEATTLE

ORDINANCE __________________

COUNCIL BILL __________________

AN ORDINANCE relating to Seattle Public Utilities; declaring property interests that may have been acquired by Seattle Public Utilities surplus to utility needs; and authorizing the exchange of quitclaim deeds between the City of Seattle and King County to clarify the northern boundary line of a portion of Seattle Public Utilities' Lake Youngs Supplyline right-of way in the Southwest Quarter of Section 5, Township 22 North, Range 6 East, W.M., and in the Southeast Quarter of Section 6, Township 22 North, Range 6 East, W.M., in King County, Washington.

WHEREAS, the Seattle Water Department in 1898 condemned a 66foot wide strip of land in the Southeast Quarter of Section 6, Township 22 North, Range 6 East, W.M. for a water supply line right-of-way, as authorized by Ordinance 3990; and

WHEREAS, in 1901, the Seattle Water Department condemned a neighboring 100-foot wide strip of land in the Southwest Quarter of Section 5, Township 22 North, Range 6 East, W.M. for a water supply line right-of-way, as authorized by Ordinance 5803; and

WHEREAS, in 1940, the Seattle Water Department acquired an additional 20-foot wide strip in the Southwest Quarter of Section 5, Township 22 North, Range 6 East, W.M. to the north of the 100-foot supplyline right-of-way and a variable-width strip in the Southeast Quarter of Section 6, Township 22 North, Range 6 East, W.M. to the north of the 66-foot supply line right-of-way, as authorized by Ordinance 70185; and

WHEREAS, these adjoining water supply line rights-of-way are part of the Lake Youngs Supplyline; and

WHEREAS, in 1950, a parcel to the north of and adjacent to the Lake Youngs Supplyline was sold by King County in a tax sale; and

WHEREAS, the ambiguous legal description of the parcel sold by King County in a 1950 tax sale left it unclear whether the property being sold was north of the Lake Youngs Supplyline right-of-way or was part of the northern 20 feet of the supplyline right-of-way; and

WHEREAS, the King County Assessor's records did not accurately reflect the City's ownership of a portion of the property sold in the 1950 tax sale; and

WHEREAS, in 1996 and 2005, King County purchased the property adjacent to and north of the City's Lake Youngs Supplyline for its Peterson Lake Natural Area; and

WHEREAS, in 1996, assets of the Seattle Water Department were transferred to Seattle Public Utilities as authorized by Ordinance 118396; and

WHEREAS, Seattle Public Utilities and King County agree on the correct legal description of the County-owned property and the City-owned property in this area; however, Seattle Public Utilities has determined that there are ambiguities in legal descriptions in certain deeds and tax assessor records that may create confusion regarding the boundary between the two properties; and

WHEREAS, the City of Seattle and King County agree that an exchange of quitclaim deeds will clarify title and reduce the risk of future disputes; NOW, THEREFORE,

BE IT ORDAINED BY THE CITY OF SEATTLE AS FOLLOWS:

Section 1. To the extent the City may have acquired for utility purposes any interest in the real property legally described in the Quitclaim Deed attached hereto as Attachment 1, the property is declared surplus under the provisions of RCW 35.94.040. The acceptance of a quitclaim deed from King County as described in Section 3 is full and fair consideration for any rights the City may be giving up with respect to the surplus property.

Section 2. The Director of Seattle Public Utilities, or his designee, is hereby authorized to execute, for and on behalf of the City, a Quit Claim Deed substantially in the form of the Quitclaim Deed to County attached hereto as Attachment 1, conveying to King County the City's interest in real property located in a portion of the North One-half of the Southwest Quarter of Section 5, Township 22 North, Range 6 East, W.M., and in a portion of the Northeast Quarter of the Southeast Quarter of Section 6, said Township and Range, in King County, Washington, which property is legally described in Attachment 1.

Section 3. The Director of Seattle Public Utilities, or his designee, is hereby authorized to accept, for and on behalf of the City, a Quit Claim Deed substantially in the form of the Quitclaim Deed to City attached hereto as Attachment 2, conveying to the City, King County's interest in real property located in a portion of the Southwest Quarter of Section 5, Township 22 North, Range 6 East, W.M. and in a portion of the Northeast Quarter of the Southeast Quarter of Section 6, said Township and Range, which property is legally described in Attachment 2.

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 -Quit Claim Deed (Seattle Grantor)

Attachment 2 -Quit Claim Deed (King County Grantor)

Pree Carpenter SPU Peterson Lake ORD June 26, 2012 Version #2

ATTACHMENT 1

Recording Requested By And

When Recorded Mail To:

King County Parks Division

201 South Jackson Street, Suite 700

Seattle, WA 98104

QUIT CLAIM DEED

Grantor: The City of Seattle, a municipal corporation of the State of Washington.

Grantee: King County, a political subdivision of the State of Washington.

Legal Description (abbreviated): N 1/2, SW 1/4, Sec. 5, T22N, R6E; N 1/2, SE 1/4 Sec. 6, T22N, R6E, Additional legal(s) on Page 1.

Assessor's Tax Parcel ID#: 052206-9020 (portion), 0522069009 (portion).

THE GRANTOR The City of Seattle, a municipal corporation of the State of Washington, for and in consideration of mutual benefits and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, conveys and quit claims to King County, a political subdivision of the State of Washington, all interest in the following described real estate, situated in the County of King, State of Washington:

A 20 foot wide strip of land in the north half of the southwest quarter of Section 5, Township 22 North, Range 6 East, W.M., lying northerly and northeasterly of a line 20 feet northerly and northeasterly of and parallel with the northerly and northeasterly margin of the 100 foot wide pipe line right of way as condemned in King County Superior Court Cause No. 31510, as provided by Ordinance No. 5803 of the City of Seattle, and southerly and southwesterly of a line 40 feet northerly and northeasterly of and parallel with said northerly and northeasterly margin of the 100 foot wide pipe line right of way as condemned in King County Superior Court Cause No. 31510, said 20 foot wide strip of land further described as follows.

Commencing at the southwest corner of said Section 5, thence N 02 degrees 34' 36" E along the west line of said Section 5 a distance of 2,098.84 feet to the true point of beginning and the southwest corner of said 20 foot wide strip of land;

Thence along said northerly and northeasterly margin of the 100 foot wide pipe line right of way as condemned in King County Superior Court Cause No. 31510 the following courses and distances:

N 82 degrees 50' 46" E a distance of 17.90 feet to the beginning of a 929.90 foot radius curve to the right;

Thence along the arc of said curve through a central angle of 7 degrees 46' 30", a distance of 126.19 feet;

Thence S 89 degrees 22' 44" E a distance of 1,035.24 feet to the beginning of a 786.80 foot radius curve to the right;

Thence along the arc of said curve, through a central angle of 34 degrees 20' 44", a distance of 471.64 feet;

Thence S 55 degrees 02' 00" E a distance of 144.45 feet to the beginning of a 789.90 foot radius curve to the left;

Thence along the arc of said curve through a central angle of 8 degrees 04' 00", a distance of 111.21 feet;

Thence S 63 degrees 06' 00" E a distance of 540.45 feet to the beginning of a 453.10 foot radius curve to the right;

Thence along the arc of said curve through a central angle of 20 degrees 05' 32", a distance of 158.89 feet;

Thence S 43 degrees 00' 28" E a distance of 211.18 feet to the southeast corner of said strip of land on the east line of the southwest quarter of said Section 5, from which the south quarter corner of said Section 5 bears S 00 degrees 45' 47" W a distance of 1,382.52 feet;

Thence N 00 degrees 45' 47" E along said east line a distance of 28.91 feet;

Thence N 43 degrees 00' 28" W a distance of 190.30 feet to the beginning of a 473.10 foot radius curve to the left;

Thence along the arc of said curve through a central angle of 20 degrees 05' 32", a distance of 165.90 feet;

Thence N 63 degrees 06' 00" W a distance of 540.45 feet to the beginning of a 769.90 foot radius curve to the right;

Thence along the arc of said curve through a central angle of 8 degrees 04' 00", a distance of 108.39 feet;

Thence N 55 degrees 02' 00" W a distance of 144.45 feet to the beginning of a 806.80 foot radius curve to the left;

Thence along the arc of said curve through a central angle of 34 degrees 20' 44", a distance of 483.63 feet;

Thence N 89 degrees 22' 44" W a distance of 1,035.24 feet to the beginning of a 949.90 foot radius curve to the left;

Thence along the arc of said curve through a central angle of 7 degrees 46' 30 a distance of 128.90 feet;

Thence S 82 degrees 50' 46" W a distance of 14.47 feet to the west line of said Section 5, from which the west quarter corner bears N 2 degrees 34' 36" E a distance of 513.66 feet;

Thence S 2 degrees 34' 36" W along said west line a distance of 20.29 feet to the true point of beginning.

Containing 56,289 square feet, or 1.29 acres, more or less.

ALSO that portion of the north half of the northeast quarter of the southeast quarter of Section 6, Township 22 North, Range 6 East, W.M., described as follows.

Commencing at the southeast corner of said Section 6, thence N 02 degrees 34' 36" E along the east line of said Section 6 a distance of 2,098.84 feet to the true point of beginning and the southeast corner of said portion;

Thence S 82 degrees 50' 46" W along a line 70 feet northerly of and parallel with the centerline of the pipe line right of way as condemned in King County Superior Court Cause No. 24650; as provided by Ordinance No. 3990 of the City of Seattle, a distance of 109.94 feet to the southerly line of the Honey Creek drainage ditch line, as condemned in King County Superior Court Cause No. 170523, verdict 6, as provided by City of Seattle Ordinance No. 45259;

Thence N 75 degrees 22' 06" E along said southerly line a distance of 113.43 feet to the east line of said Section 6;

Thence S 2 degrees 34' 36" W along said east line a distance of 14.98 feet to the true point of beginning.

Containing 811 square feet, more or less.

Dated this ____ day of ________________, ______.

Grantor: The City of Seattle, a municipal corporation of the State of Washington

BY: ________________________________________________

Title: __________________________________________

STATE OF WASHINGTON, }

}SS.

County of King }

I hereby certify that I know or have satisfactory evidence that ____________________________ is/are the person(s) who appeared before me, and said person(s) acknowledged that __he__ signed this instrument, on oath stated that __he__ is/are authorized to execute the instrument and acknowledged it as the ________________ of The City of Seattle to be the free and voluntary act of such party for the uses and purposes mentioned in this instrument.

Dated: _______________________

__________________________________ ________

__________________________________ ________

Printed signature

Notary Public in and for the State of Washington,

residing at __________________________________

My appointment expires ______________________

Pree Carpenter/pc SPU Peterson Lake ORD ATT 1 July 7, 2012 Version #3

6 Attachment 1 to SPU Peterson Lake ORD

SPUPetersonLakeORDAtt1 Page 1 of 5

ATTACHMENT 2

Recording Requested By And

When Recorded Mail To:

City of Seattle SPU -WTR

700 5th Ave, Suite 4900

PO Box 34018

Seattle WA 98124-4018

QUIT CLAIM DEED

Grantor: King County, a political subdivision of the State of Washington.

Grantee: The City of Seattle, a municipal corporation of the State of Washington.

Legal Description (abbreviated): N 1/2, SW 1/4, Sec. 5, T22N, R6E; N 1/2, SE 1/4 Sec. 6, T22N, R6E, Additional legal(s) on Page 1.

Assessor's Tax Parcel ID#: 052206-9018 (portion), 0522069020 (portion), 052206-9009 (portion)

THE GRANTOR King County, a political subdivision of the State of Washington, for and in consideration of mutual benefits and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, conveys and quit claims to the City of Seattle, a municipal corporation of the State of Washington, all interest in the following described real estate, situated in the County of King, State of Washington:

A 20 foot wide strip of land in the north half of the southwest quarter of Section 5, Township 22 North, Range 6 East, W.M., lying northerly and northeasterly of, and adjoining, the northerly and northeasterly margin of the 100 foot wide pipe line right of way as condemned in King County Superior Court Cause No. 31510, as provided by Ordinance No. 5803 of the City of Seattle, said 20 foot wide strip of land further described as follows.

Commencing at the southwest corner of said Section 5, thence N 02 degrees 34' 36" E along the west line of said Section 5 a distance of 2,078.55 feet to the true point of beginning on the north margin of said 100 foot wide right of way and the southwest corner of said 20 foot wide strip of land;

Thence along said northerly and northeasterly margin of the 100 foot wide pipe line right of way as condemned in King County Superior Court Cause No. 31510 the following courses and distances:

N 82 degrees 50' 46" E a distance of 21.33 feet to the beginning of a 909.90 foot radius curve to the right;

Thence along the arc of said curve through a central angle of 7 degrees 46' 30", a distance of 123.47 feet;

Thence S 89 degrees 22' 44" E a distance of 1,035.24 feet to the beginning of a 766.80 foot radius curve to the right;

Thence along the arc of said curve, through a central angle of 34 degrees 20' 44", a distance of 459.65 feet;

Thence S 55 degrees 02' 00" E a distance of 144.45 feet to the beginning of an 809.90 foot radius curve to the left;

Thence along the arc of said curve through a central angle of 8 degrees 04' 00", a distance of 114.02 feet;

Thence S 63 degrees 06' 00" E a distance of 540.45 feet to the beginning of a 433.10 foot radius curve to the right;

Thence along the arc of said curve through a central angle of 20 degrees 05' 32", a distance of 151.88 feet;

Thence S 43 degrees 00' 28" E a distance of 232.06 feet to the southeast corner of said strip of land on the northeasterly margin of said pipe line right of way as condemned in King County Superior Court Cause No. 31510, said southeast corner of said strip being on the east line of the southwest quarter of said Section 5, from which the south quarter corner of said Section 5 bears S 00 degrees 45' 47" W a distance of 1,353.61 feet;

Thence leaving said northeasterly right of way margin, N 00 degrees 45' 47" E along said east line a distance of 28.91 feet;

Thence N 43 degrees 00' 28" W a distance of 211.18 feet to the beginning of a 453.10 foot radius curve to the left;

Thence along the arc of said curve through a central angle of 20 degrees 05' 32", a distance of 158.89 feet;

Thence N 63 degrees 06' 00" W a distance of 540.45 feet to the beginning of a 789.90 foot radius curve to the right;

Thence along the arc of said curve through a central angle of 8 degrees 04' 00", a distance of 111.21 feet;

Thence N 55 degrees 02' 00" W a distance of 144.45 feet to the beginning of a 786.80 foot radius curve to the left;

Thence along the arc of said curve through a central angle of 34 degrees 20' 44", a distance of 471.64 feet;

Thence N 89 degrees 22' 44" W a distance of 1,035.24 feet to the beginning of a 929.90 foot radius curve to the left;

Thence along the arc of said curve through a central angle of 7 degrees 46' 30 a distance of 126.19 feet;

Thence S 82 degrees 50' 46" W a distance of 17.90 feet to the west line of said Section 5, from which the west quarter corner bears N 2 degrees 34' 36" E a distance of 533.95 feet;

Thence S 2 degrees 34' 36" W along said west line a distance of 20.29 feet to the true point of beginning.

Containing 56,397 square feet, or 1.29 acres, more or less.

ALSO that portion of the north half of the northeast quarter of the southeast quarter of Section 6, Township 22 North, Range 6 East, W.M., described as follows.

Commencing at the southeast corner of said Section 6, thence N 02 degrees 34' 36" E along the east line of said Section 6 a distance of 2,061.30 feet to the true point of beginning on a line 33 feet northerly of and parallel with the centerline of the pipe line right of way as condemned in King County Superior Court Cause No. 24650, as provided by Ordinance No. 3990 of the City of Seattle, and the southeast corner of said portion;

Thence S 82 degrees 50' 46" W along said line a distance of 385.48 feet to the southerly line of the Honey Creek drainage ditch line, as condemned in King County Superior Court Cause No. 170523, verdict 6, as provided by City of Seattle Ordinance No. 45259;

Thence N 75 degrees 22' 06" E along said southerly line a distance of 284.31 feet to a line 70 feet northerly of and parallel with the centerline of said pipe line right of way as condemned in King County Superior Court Cause No. 24650;

Thence N 82 degrees 50' 46" E along said northerly line a distance of 109.94 feet to the east line of said Section 6;

Thence S 2 degrees 34' 36" W along said east line a distance of 37.54 feet to the true point of beginning.

Containing 9,165 square feet or 0.21 acres, more or less.

EXCEPT an easement for Petrovitsky Road Extension as conveyed to King County under Recording Number 8401200947.

Dated this ____ day of ________________, ______.

Grantor: King County, a political subdivision of the State of Washington

____________________________________________________________ _______

BY: Stephen L Salyer

Title: Manager, Real Estate Services

STATE OF WASHINGTON )

)SS.

COUNTY OF KING )

I certify that I know or have satisfactory evidence that Stephen L Salyer 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 Manager, Real Estate Services of King County to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument.

Dated: _____________________

______________________________

______________________________

Printed name

Notary Public in and for the

State of Washington

Residing at __________________

My appointment expires _______

Pree Carpenter SPU Peterson Lake ORD ATT 2 July 7, 2012 Version #6

1 Attachment 2 to SPU Peterson Lake ORD