CITY OF SEATTLE

ORDINANCE __________________

COUNCIL BILL __________________

AN ORDINANCE relating to Seattle Public Utilities' property on the northeast corner of North 140th Street and Lenora Place North, Seattle, Washington; declaring fee ownership of this property to be surplus to the City of Seattle's utility needs; authorizing Seattle Public Utilities to sell the surplus property and to execute documents and agreements necessary to complete the sale; and ratifying and confirming certain prior acts.

WHEREAS, the City of Seattle acquired King County Parcel Number 645030-4545 in 1958 in connection with the North 128th Street Sanitary Sewer Project, as accepted by Ordinance 87863; and

WHEREAS, the property was acquired in fee because the owner was unwilling to grant an easement for the sanitary sewer mainline; and

WHEREAS, an easement for the sewer across the east twelve feet of the lot would provide Seattle Public Utilities all the rights necessary for the use, maintenance, repair, and replacement of the sanitary sewer mainline; and

WHEREAS, fee ownership of the 2,040 square foot parcel is excess to Seattle's current and future needs; and

WHEREAS, the City's Real Estate Oversight Committee recommends selling the property; and

WHEREAS, Victor Fleming, the owner of the adjacent property to the north wishes to buy this lot subject to Seattle Public Utilities' reservation of an easement for the sanitary sewer mainline; and

WHEREAS, Seattle Public Utilities and Victor Fleming have negotiated the sale of the 2,040 square foot lot to Victor Fleming (documented by a Purchase and Sale Agreement with closing subject to Council approval), including the fair market value to be paid to Seattle Public Utilities, and subject to a reserved easement for a sanitary sewer mainline and a covenant releasing the City from liability resulting from the condition of the property; NOW, THEREFORE,

BE IT ORDAINED BY THE CITY OF SEATTLE AS FOLLOWS:

Section 1. Under RCW 35.94.040 and after public hearing, fee ownership of the real property legally described as Lot 26, Block 22, Plat of Overland Park, according to plat thereof recorded in Volume 26 of Plats, page 44, Records of King County, Washington (the "Property") is hereby found and declared to be no longer required for providing municipal utility service and to be surplus to the City of Seattle's needs.

Section 2. The Director of Seattle Public Utilities, or his designee, is hereby authorized to convey the Property to Victor Fleming upon payment of $26,100 to Seattle Public Utilities, subject to a reserved easement and environmental covenant, release and indemnity. The Director is authorized to convey the Property by deed substantially in the form of the Quitclaim Deed Subject to Reserved Easement and Environmental Release and Indemnity attached hereto as Attachment 1. The Director's authority in this section includes the authority to execute and record any additional agreements and documents necessary for such conveyance consistent with the terms of this ordinance.

Section 3. Any act consistent with the authority in this ordinance taken prior to its effective date is hereby ratified and confirmed.

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: Form of Quitclaim Deed Subject to Reserved Easement and Environmental Release and Indemnity

Pree Carpenter SPU 140th & Lenora Sale ORD June 5, 2012 Version #10

Attachment 1

Recording Requested By And

When Recorded Mail To:

Attention: Pree Carpenter

City of Seattle

Seattle Public Utilities

PO Box 34018

700 Fifth Avenue

Seattle, WA 98124-4018

Form of

QUIT CLAIM DEED

SUBJECT TO RESERVED EASEMENT AND ENVIRONMENTAL RELEASE AND INDEMNITY

Reference #s of Document Released or Assigned: 4990861

Grantor: The City of Seattle, Seattle Public Utilities

Grantee: Victor A. Fleming

Legal Description: Lot 26, Block 22, Plat of Overland Park, according to plat thereof recorded in Volume 26 of Plats, page 44, Records of King County, Washington.

Assessor's

Tax Parcel ID#: No. 645030-4545

______________________________________________________________ _____________

QUITCLAIM DEED

THE CITY OF SEATTLE ("Grantor"), acting by and through its SEATTLE PUBLIC UTILITIES ("SPU"), for Ten Dollars ($10.00) and for other good and valuable consideration, the receipt and sufficiency of which is acknowledged, hereby conveys and quitclaims to VICTOR A. FLEMING, a single person, ("Grantee") all right, title and interest, if any, in the following real property:

Lot 26, Block 22, Plat of Overland Park, according to plat thereof recorded in Volume 26 of Plats, page 44, Records of King County, Washington (the "Property").

The Property is granted expressly subject to Grantor's reservations and conditions herein. Grantor makes no warrantees of any kind as to the title or condition of said lands.

Reserved Easement

1. Grantor reserves unto the City of Seattle and SPU, and its successors and assigns, an exclusive easement for utility purposes (the "Easement") over, under, across and through a portion of the Property, as depicted on Exhibit A and described as follows:

the east 12 feet of Lot 26, Block 22, Plat of Overland Park, according to plat thereof recorded in Volume 26, page 44, records of King County, Washington.

(the "Easement Area").

2. Grantor reserves the Easement on the following terms and conditions:

A. Grantee shall not construct or place any building, structure, tree or obstruction of any kind within the boundaries of the Easement Area without prior written permission of the Director of SPU or said official's successor, which permission may be withheld, conditioned or delayed in that official's discretion.

B. Grantee shall not excavate in the Easement Area without the prior written permission of the Director of SPU or said official's successor, which permission may be withheld, conditioned, or delayed in that officials' discretion.

C. Grantee shall not install or allow to be installed any other utility facilities, such as conduits, cables, pipelines, vaults, poles or posts, whether public or private, within three (3) horizontal feet of SPU's Utilities. All utility crossings must maintain a minimum vertical clearance of twelve (12) inches from Grantor's utility pipes and infrastructure in the Easement Area.

D. Grantor's reserved Easement includes the right to enter upon the Easement Area at all reasonable times for purposes of maintenance, repair and replacement of utility infrastructure.

COVENANT, RELEASE and INDEMNITY REGARDING PROPERTY CONDITIONS AND HAZARDOUS SUBSTANCES

The Property described herein is conveyed AS-IS, WHEREIS, WITH-ALL-FAULTS, AND WITHOUT ANY REPRESENTATION OR WARRANTY WHATSOEVER, EXPRESS OR IMPLIED, AS TO ITS CONDITION, ENVIRONMENTAL OR OTHERWISE, OR ITS SUITABILITY OR SUFFICIENCY FOR THE GRANTEE'S INTENDED USES AND PURPOSES. Grantee acknowledges that adverse physical, economic or other conditions (including without limitation, adverse environmental soils and ground-water conditions), either latent or patent, may exist on the Property. By acceptance of this deed, Grantee assumes Grantor's responsibility for all environmental conditions of the Property, known or unknown, including but not limited to responsibility, if any, for investigation, removal or remediation actions relating to the presence, release or threatened release of any Hazardous Substance or other environmental contamination on, under, emanating from, or otherwise relating to the Property. Grantee also releases, covenants not to sue, and shall indemnify, defend, and hold Grantor and its past, present and future officials, employees, and agents, harmless from and against any and all claims, demands, penalties, fees, damages, losses, liabilities, and expenses (including but not limited to fees and costs of regulatory agencies, attorneys, contractors and consultants) arising out of or connected with the condition of the Property, including but not limited to any alleged or actual past, present or future presence, release or threatened release of any Hazardous Substance in, on, under or emanating from the Property, or any portion thereof or improvement thereon, from any cause whatsoever; it being intended that Grantee shall so indemnify Grantor and such persons without regard to any fault or responsibility of Grantor, Grantee or such other persons. Grantee is aware of the rights it might otherwise have to seek recovery from Grantor for costs of remediation and cleanup of Hazardous Substances under applicable law, including without limitation the Washington Model Toxics Control Act ("MTCA") and the federal Comprehensive Environmental Response, Compensation, and Liability Act ("CERCLA"), and Grantee hereby knowingly waives all such rights, now existing or hereafter arising, and voluntarily relinquishes those rights and forever releases the Grantor from any such obligation.

For purposes of this Covenant, the term "Hazardous Substance" shall mean any substance subject to regulation under the Washington Hazardous Waste Management Act (Ch. 70.105 RCW), as amended from time to time and regulations promulgated thereunder; any "hazardous substance" under MTCA as amended from time to time and regulations promulgated thereunder; any "hazardous substance" or "hazardous waste" as defined by CERCLA as amended from time to time and regulations promulgated thereunder; any underground or above-ground storage tanks; and any substance the presence of which is prohibited by any federal, state, or local government statute, regulation, ordinance, rule or resolution; any substance deemed hazardous, toxic, a pollutant, or contaminant, which by any federal, state, or local statute, regulation, ordinance, rule or resolution requires special handling or notification in its collection, storage, treatment or disposal, and any substance or material that is now or hereafter becomes otherwise regulated under any federal, state, or local statute, ordinance, rule, regulation, resolution or other law relating to environmental protection, contamination or cleanup.

The obligations of Grantee stated above and the acknowledgement, release and indemnification touch and concern the Property, restrict the use of the Property, and are intended to run with the land and bind Grantee and Grantee's heirs, successors in interest and assigns, and inure to the benefit of Grantor and its successors and assigns, but the rights of Grantor are not for the benefit of or appurtenant to any property of Grantor. No transfer of the Property by Grantee or any successor in interest of Grantee shall relieve such party from any obligations under this Covenant or any liability for any breach of this Covenant, whether or not then accrued, nor shall any such transfer impair the effectiveness of the release or indemnity herein as to any party.

This Covenant is not intended to, nor shall it, release, discharge or affect any rights or causes of action that Grantor or Grantee may have against any other person or entity, except as otherwise expressly stated herein, and each of the parties reserves all such rights including, but not limited to, claims for contribution or cost recovery relating to any Hazardous Substance in, on, under or emanating from the Property.

Grantee's foregoing covenant, release, indemnity and obligations with respect to the condition of the Property and Hazardous Substances are referred to as the "Covenant". Notwithstanding the foregoing, Grantee's Covenant shall not apply to any claims, demands, penalties, fees, damages, losses, liabilities, and expenses (including but not limited to fees and costs of regulatory agencies, attorneys, contractors and consultants) that are solely attributable to Grantor's use of the Easement Area.

IN WITNESS WHEREOF, the parties have caused this instrument to be executed.

//next page for signatures

THE CITY OF SEATTLE, GRANTOR

By______________________________

Ray Hoffman, Director

Seattle Public Utilities

Date:____________________________

This Deed is executed and delivered pursuant to City of Seattle Ordinance [insert].

STATE OF WASHINGTON )

) ss.

COUNTY OF KING )

On this ____ day of ___________, 2012, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared Ray Hoffman, known to me (or proved to me on the basis of satisfactory evidence) to be the Director of Seattle Public Utilities of The City of Seattle, the municipal corporation named in and which executed the foregoing document, and stated on oath that he was authorized to execute the foregoing document on behalf of said municipal corporation and signed the same as the free and voluntary act and deed of said municipal corporation for the uses and purposes therein mentioned.

WITNESS my hand and official seal hereto affixed the day and year in this certificate above written.

Print Name:

NOTARY PUBLIC in and for the State of Washington, residing at:

My commission expires:

ACCEPTANCE BY VICTOR A. FLEMING, GRANTEE

Date:________________________________

STATE OF WASHINGTON )

) ss.

COUNTY OF KING )

On this ____ day of ___________, 2012, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared Victor A. Fleming, known to me (or proved to me on the basis of satisfactory evidence) to be the person that executed and accepted the foregoing Quitclaim Deed on oath acknowledged it as his free and voluntary act for the uses and purposes mentioned in this instrument.

WITNESS my hand and official seal hereto affixed the day and year in this certificate above written.

Notary Public in and for the State of

residing at

My appointment expires

Exhibit A

Quitclaim Deed

Subject to Reserved Easement and Condition Subsequent

Pree Carpenter/pc SPU 140th & Lenora Sale ORD ATT 1 June 5, 2012 Version #3