ORDINANCE ______________

AN ORDINANCE relating to Seattle Public Utilities, to accept various easements for the Tolt 2 Pipeline across and along portions of real property situated in King County, Washington.

WHEREAS, the Seattle Public Utilities determined the need for a major supply pipeline to enhance operational flexibility and improve reliability of the Tolt supply system; consistent with the Comprehensive Regional Water Plan (COMPLAN); and

WHEREAS, the City of Seattle Ordinance 118400 authorized Seattle Public Utilities to construct said Tolt Pipeline No. 2, Phases II and III and acquire property rights in conjunction with said Pipeline construction, and

WHEREAS, the City of Seattle Ordinance 118729 authorized Seattle Public Utilities to acquire easements by condemnation of land and other property rights in portions of King County, Washington for the said Tolt Pipeline No. 2, Phases II and III water supply pipeline right-or-way corridor, and

WHEREAS, owners of real property situated in portions of King County have granted such easements to the City; NOW, THEREFORE,

BE IT ORDAINED BY THE CITY OF SEATTLE AS FOLLOWS:

Section 1. The City of Seattle hereby accepts each of the easements identified below by Grantor, and places the real property interests conveyed thereby under the jurisdiction of Seattle Public Utilities. Each such instrument grants to The City of Seattle and its successors and assigns, certain specified easement interests relating to the construction, installation, operation, maintenance, repair, protection, and/or improvement of the Tolt 2 Pipeline project. The easements, which include two road access easements, run across and along real property situated in King County and are legally described as follows:

KING COUNTY, WASHINGTON; May 17, 1999

(King County Recording Number 9905172634; P.M. 929-001)

That portion of the abandoned Chicago, Milwaukee, St. Paul and Pacific Railroad Right of Way lying in the northwest quarter of the northwest quarter of Section 25, Township 26 North, Range 6 East, W.M., King County, Washington described as follows:

Commencing at the northeast corner of said subdivision;

Thence South 8439'38" West along the north line thereof 124.99 feet to the east margin of said right-of-way and the point of beginning;

Thence South 1530'14" East along said east margin of 101.59 feet;

Thence South 8439'38" West parallel with the north line of said subdivision 101.59 feet to the west margin of said right-of-way.

Thence North 1530'14" West along said west margin 101.59 feet to the north line of said subdivision;

Then North 8439'38" East along said north line 101.59 feet to said east margin of said right-of-way and the point of beginning.

(Contains an area of 10,159 square feet, or 0.23 acres, more or less)

JOHN PEARCE and LORRAINE B. PEARCE, husband and wife; October 3, 1997 (King County Recording Number 9710080327; P.M. 518-003)

That portion of the South half of the East half of the West half of the Northeast

Quarter of the Northeast Quarter of Section 36, Township 26 North, Range 5 East,

W.M., in King County, Washington lying within a strip of land being 7.5 feet on

each side of the following described centerline.

Commencing at the Southeast corner of said Northeast Quarter of the Northeast

Quarter; thence South 8838'33" East along the south line thereof 427.43 feet to

the Point of Beginning of centerline; thence North 2522'46" West 40.00 feet to

the terminus of said centerline.

LOREN H. MEYER, as Trustee under the Meyer Family Revocable Trust Agreement; January 29, 1997.

(King County Recording Number 9702110926; P.M. 570-001)

The south 30 feet of Lot B of the City of Redmond Lot Line Revision No. LLR92-010, recorded under King County Recording Number 9211179003, being a portion of the Northeast Quarter of the Northwest Quarter of Section 36, Township 26 North, Range 5 East, W.M., in King County, Washington.

THEODORE PEARCE and GRAYCE PEARCE, husband and wife; October 25, 1996.

(King County Recording Number 9610280758; P.M. 518-002)

That portion of Lot 13, Block 74, Burke & Farrar's Kirkland Addition to the City

of Seattle, Division No. 24, according to the plat recorded in Volume 21 of Plats, page

51, in King County, Washington, described as follows:

Commencing at the northeast comer of said Lot 13; thence South 0243'25" West along the east line thereof and along the west margin of 200th Avenue NE 200.29 feet to the True Point of Beginning; thence continuing South 0243'25" West along said east line 30.00 feet to the south line of the Northwest Quarter of Section 32, Township 26 North, Range 6 East, W.M; thence North 0243'25" East 30.00 feet; thence South 8715'29" East 200.00 feet to the Point of Beginning.

SCOTT DUTRO, as his separate estate; March 2, 1998.

(King County Recording Number 9803061084; P.M. 928-001)

That portion of the Southwest Quarter of the Northwest Quarter of Section 26, Township 26 North, Range 6 East, W.M., in King County, Washington described as follows:

Beginning at the northwest corner of Lot 2 of King County Short Plat No. R978133, Recording No. 8503130622; thence North 0039'45" East along the west line of said subdivision 50.00 feet; thence South 8853'56" East parallel with the north line of said Short Plat, 823.18 feet; thence South 0106'04" West 50.00 feet to the north line of said Short Plat; thence North 8853'56" West along said north line 822.80 feet to the Point of Beginning; subject to any existing utilities within, over, across and under said property.

(Containing 41,149 square feet or 0.94 acres, more or less)

Together with a non-exclusive, permanent access road easement including the right to construct, alter, operate and maintenance said road, in accordance with said Tolt Pipeline No.2, Phase III Plan (hereafter referred to and included as the "Pipeline Improvements", That portion of the Southwest Quarter of the Northwest Quarter of Section 26, Township 26 North, Range 6 East, W.M., in King County, Washington described as follows:

Commencing at the northwest corner of Lot 2, King County Short Plat No. R978113, Recording No. 8503130622; thence North 0039'45" East along the west line of said subdivision 50.00 feet; thence South 8853'56" East parallel with the north line of said Short Plat 268.82 feet to the Point of Beginning; thence North 0106'04" East 30.00 feet; thence South 8853'56" East 185.10 feet; thence South 5111'52" East 29.43 feet; thence South 7615'10" East 54.81 feet to a point hereafter referred to as Point "A"; thence North 8853'56" West 261.87 feet to the Point of Beginning.

Together with a parcel commencing at aforesaid Point "A"; thence South 8853'56" East 73.31 feet to the Point of Beginning; thence North 0106'04" East 15.00 feet; thence South 8853'56" East 130.00 feet; thence South 0106'04" West 15.00 feet; thence North 8853'56" West 130.00 feet to the Point of Beginning.

(Containing 8,299 square feet or 0.19 acres, more or less)

PORT BLAKELY TREE FARMS, a Washington Limited Partnership; May 14, 1998 (continued) (King County Recording Number 9805191552, P.M. 931-001 A&B)

LEGAL DESCRIPTION OF THE EASEMENT

Those portions of the Southwest quarter, the Southeast quarter and the Northeast quarter of Section 27, and the Northwest quarter of Section 34, all in Township 26 North, Range 6 East, W.M., King County, Washington described as follows:

Commencing at the Southwest corner of the Northwest quarter of said Northwest quarter of Section 34; thence S. 8905'59" E. along the South line thereof, 451.00 feet to the Point of Beginning; thence N. 6830'35" E. parallel with and 26.00 feet Northerly of the North margin of NE Novelty Hill Road, 2260.58 feet; thence N. 0624'36" E., 875.29 feet; thence N. 8829'57" E., 162.08 feet; thence N. 0130'03 " W., 831.36 feet; thence

N. 0434'53 " W., 987.10 feet; thence S. 8302'55" W., 8.81 feet; thence N. 0657'05" W., 71.47 feet; thence N. 1427'26" E., 36.01 feet; thence N. 8302'55" E., 116.86 feet;

thence S. 0657'05" E. 51.29 feet; thence S. 5458'16" E., 32.76 feet;

thence N. 8525'06" E., 7.84 feet; thence S. 5458'16" E., 17.16 feet; thence

N.8302'55" E., 329.19 feet; thence N. 2525'26" E., 222.00 feet; thence N. 6434'34" W., 10.00 feet; thence N. 2525'26" E., 380.54 feet; thence N. 4246'25" E., 196.09 feet; thence N. 8130'54" E., 966.12 feet; thence S. 8205'44" E., 35.44 feet; thence N. 8130'55" E., 74.00 feet; thence N. 4818'28" E., 425.93 feet; thence N. 8601'16" E., 261.40 feet; thence S. 8920'15" E., 77.32 feet; thence N. 0039'45" E., 283.56 feet;

thence S. 8853'56" E., 195.01 feet to the East line of said Northeast quarter of Section 27; thence S. 0039'45" W. along said East line, 50.00 feet; thence N. 8853'56" W.,

165.00 feet; thence S. 0039'45" W., 283.33 feet; thence N. 8920'15" W., 105.30 feet;

thence S. 8601'16" W., 242.29 feet; thence S. 4818'28" W., 426.45 feet;

thence N. 7828'44" W., 58.66 feet; thence Southwesterly along the arc of a nontangent

curve (the radius point of which bears N. 7828'44" W., 495.00 feet) through a central

angle of 0103'46", an arc distance of 9.18 feet; thence S. 8130'54" W., 1010.86 feet; thence S. 4246'26" W., 170.88 feet; thence S. 2525'26" W., 372.91 feet;

thence N. 6434'35" W., 10.00 feet; thence S. 2525'26" W., 238.50 feet;

thence S. 8302'55" W., 462.20 feet; thence S. 04 34'53" E., 980.50 feet;

thence S. 0130'03" E., 882.70 feet; thence S. 8829'57" W., 168.54 feet;

thence S. 0624'36" W., 834.71 feet to said North margin of NE Novelty Hill Road;

thence S. 6830'35" W. along said North margin, 2240.28 feet to said South line

of the Northwest quarter of Section 34; thence N. 8905'59" W. along said South line,

68.26 feet to the Point of Beginning.

(Containing 371,713 square feet or 8.53 acres, more or less)

DAVID D. OLNEY and NANTHANA OLNEY, husband and wife; June 24, 1998

(King County Recording Number 9808181493; P.M. 928-003)

That portion of Government Lots 1 and 2, Section 26, Township 26 North, Range 6 East, W.M., King County, Washington, described as follows:

Commencing at the north quarter corner of said Section 26, thence South 0120'49" West along the North/South centerline thereof, 800.28 feet; thence North 5715'39" East 79.22 feet to the ordinary high water at the east bank of the Snoqualmie River as field located by Horton Dennis & Associates, Inc. on August 2, 1996, and the True Point of Beginning; thence continuing North 5715'39" East 1009.56 feet; thence North 3244'21" West 15.00 feet; thence North 5715'39" East 63.42 feet; thence North 6223'40" East 213.72 feet to the south margin of the existing City of Seattle, Tolt Pipeline No. 1 Right-of-way; thence South 7518'31" East along said south margin 89.16 feet; thence South 6223'40" West 276.98 feet; thence South 5715'39" West 60.73 feet; thence North 3233'21" West 15.00 feet; thence South 5715'39" West 958.69 feet to said east bank; thence North 1452'55" West along said east bank 31.52 feet to the Point of Beginning.

W.F. DEVELOPMENT, L.L.C., a Washington Limited Liability Company; August 21, 1998. (King County Recording Number 9808211620 P.M. 928)

That portion of the Southeast Quarter of the Northwest Quarter and Government Lots 3, in Section 26, Township 26 North, Range 6 East, W.M., King County, Washington, described as follows:

Commencing at the North quarter corner of said Section 26; thence South 0120'49" West along the North/South centerline thereof 854.61 feet; thence South 5715'39" West 135.84 feet to the line of ordinary high water at the West bank of the Snoqualmie River as field located by Horton Dennis & Associates, Inc. on August 2, 1996 and the Point of Beginning; thence continuing South 5715'39" West 365.51 feet; thence South 61 56'59" West 99.56 feet; thence North 2803'01" West 15.00 feet; thence South 6156'59" West 592.01 feet to the Easterly margin of West Snoqualmie Valley Road NE; thence North 1426'34" West along said Easterly margin 46.30 feet; thence North 6156'59" East 269.11 feet; thence South 2803'01 " East 15.00 feet; thence North 6156'59" East 312.01 feet; thence North 2803'01" West 15.00 feet; thence North 6156'59" East 97.10 feet; thence North 5715'39" East 372.34 feet to said West bank; thence South 2356'14" East along said West bank 60.72 feet to the Point of Beginning.

Together with an access road easement across said property as described on Exhibit "A" described as follows:

W.F. DEVELOPMENT, L.L.C., a Washington Limited Liability Company; August 21, 1998. (continued) (King County Recording Number 9808211620 P.M. 928-002)

EXHIBIT A

PERMANENT ROAD EASEMENT

That portion of Government Lot 3, Section 26, Township 26 North, Range 6 East, W.M., King County, Washington, described as follows:

Commencing at the North quarter corner of said Section 26; thence South 0120'49" West along the North/South centerline thereof 782.17 feet; thence South 5715'39" West 474.19 feet to the POINT OF BEGINNING, thence continuing South 5715'39" West 36.67 feet, thence South 6156'59" West 47.52 feet; thence North 5800'33" West 72.00 feet to the beginning of a curve to the left having a radius of 90.00 feet through a central angle of 3849'48" an arc distance of 60.99 feet; thence South 8309'39" West 144.30 feet to the beginning of a curve to the right having a radius of 435.00 feet through a central angle of 1747'51" an arc distance of 135.12 feet to a point of reverse curvature and the beginning of a curve to the left having a radius of 90.00 feet through a central angle of 1928'05" an arc distance of 30.58 feet; thence South 8129'25" West 44.51 feet; thence South 8402'08" West 95.45 feet; thence South 7832'13" West 52.87 feet to the Easterly margin of West Snoqualmie Valley Road NE; thence North 0738'30" West along said Easterly margin 20.04 feet; thence North 7832'13" East 52.50 feet; thence North 8402'08" East 95.96 feet, thence North 8129'25" East 44.07 feet to the beginning of a curve to the right having a radius of 110.00 feet through a central angle of 1928'05" an arc distance of 37.38 feet to a point of reverse curvature and the beginning of a curve to the left having a radius of 415.00 feet through a central angle of 1747'51" an arc distance of 128.91 feet, thence North 8309'39" East 144.30 feet to the beginning of a curve to the right having a radius of 110.00 feet through a central angle of 3849'48" an arc distance of 74.55 feet; thence South 5800'33" East 66.21 feet; thence North 6156'59" East 69.63 feet; thence South 2803'01" East 12.00 feet to the POINT OF BEGINNING.

(Containing 13,895 square feet or 0.32 acres, more or less)

CITY OF REDMOND, Washington; March 2, 1998

(King County Recording Number 9803041837; P.M. 518-001)

Those portions of the Northwest quarter and the Northeast quarter of Section 36, Township 26 North, Range 5 East, W.M., and the Northwest quarter of Section 33, Township 26 North, Range 6 East, W.M., all in King County, Washington, described as follows:

The North 30.00 feet of the Southeast quarter of said Northwest quarter of Section 36 lying West of the Westerly margin of 172nd Avenue NE.

Together with a parcel commencing at a point on the West line of the Southeast quarter of said Northwest quarter of Section 36 lying South 0053'43" West 30.00 feet from the Northwest corner of said subdivision; thence South 8845'00" East parallel with the North line of said subdivision 637.93 feet to the Point of Beginning; thence continuing South 8845'00" East 20.00 feet; thence South 0115'00" West 165.00 feet to the North margin of NE 111th Street and a point hereinafter referred to as Point "A"; thence North 8845'00" West along said North margin 20.00 feet; thence North 0115'00" East 165.00 feet to the Point of Beginning.

Together with a detached parcel commencing at aforesaid Point "A"; thence South 0115'00" West 55.00 feet to the South margin of NE 111th Street and the Point of Beginning; thence Continuing South 0115'00" West 47.50 feet; thence North 8845'00" West 20.00 feet; thence North 0115'00" East 47.50 feet to said South margin; thence South 8845'00" East along said South margin 20.00 feet to the Point of Beginning.

Together with the North 30.00 feet of the South one-half of said Northeast quarter of Section 36.

Together with a parcel commencing at a point on the West line of the Southwest quarter of said Northeast quarter of Section 36 lying South 0053'43" West 30.00 feet from the Northwest corner of said subdivision; thence South 8838'33" East parallel with the North line of said subdivision 37.27 feet to the Point of Beginning; thence continuing South 8838'33" East parallel with said North line 30.00 feet; thence South 0121'27" West 18.00 feet; thence North 8838'33" West parallel with said North line 30.00 feet; thence North 0121'27" East 18.00 feet to the Point of Beginning.

Together with the North 30.00 feet of the South one-half of said Northwest quarter of Section 33.

PUGET SOUND ENERGY, INC., a Washington Corporation ("PSE"); February 9, 1998

(King County Recording Number 9802120537; P.M. 517-004)

TOLT PIPLEINE NO. 2, PHASE II

Those portions of the Southeast quarter and the Northeast quarter of Section 35, the Northwest quarter of Section 36 in Township 26 North, Range 5 East, W.M., the North half of Sections 31 and 32 in Township 26 North, Range 6 East, W.M., all in King County, Washington, described as follows:

Commencing at a point on the North margin of NE 104th Place (160th Avenue NE) being the Southwest corner of Lot I in the Plat of Redmond Estates No. 9 as recorded in Volume 111 of Plats, pages 5152, records of King County, Washington; thence North 6937'59" East along the South line of said plat 280.00 feet to the Point of Beginning; thence continuing North 6937'59" East along said South line 480.45 feet to the East line of said plat; thence continuing North 6937'59" East 7.60 feet; thence North 3532'22" East 76.72 feet; thence North 0130'09" East along a line parallel with and 50.00 feet East of the East line of said plat 774.84 feet to the South line of the Northeast quarter of said Section 35; thence North 0055'37" East along a line parallel with and 50.00 feet East of the East line of the Plat of Redmond Estates No. 10 as recorded in Volume 113 of Plats, pages 49-50, records of said county 599.81 feet to the South margin of Northeast 110th Street; thence along said North margin and along a curve to the right having a radius of 670.00 feet through a central angle of 0241'47" an arc distance of 31.53 feet; thence South 0055'37" West parallel with said East line of Redmond Estates No. 10, 610.09 feet to said South line of the Northeast quarter of said Section 35; thence South 0130'09" West parallel with said East line of Redmond Estates No. 9, 181.70 feet; thence South 8829'51" East 10.00 feet; thence South 0130'09" West parallel with said East line of Redmond Estates No. 9, 290.00 feet; thence North 8829'51" West 10.00 feet; thence South 0130'09" West parallel with said East line of Redmond Estates No. 9, 312.04 feet; thence South 3532'22" West 95.10 feet; thence South 6937'59" West parallel with said South line of Redmond Estates No. 9, 497.25 feet; thence North 2022'01" West 30.00 feet to the Point of Beginning.

Together with a detached parcel commencing at the Southeast corner of the North one-half of the Southeast quarter of the Northeast quarter of said Section 35; thence North 8758'40" West along the South line of said subdivision 205.04 feet; thence North 0055'37" East 5.14 feet to the North margin of NE 110th Street and the Point of Beginning; thence along said North margin and along a curve to the left having a radius of 730.00 feet through a central angle of 0340'16" an arc distance of 46.77 feet; thence North 0055'37" East along a line parallel with and 250.00 feet West of the East line of said Northeast quarter of said Section 35, 356.27 feet; thence North 4744'37" East 54.86 feet; thence North 0055'37" East along a line parallel with and 210.00 feet West of the East line of said Northeast quarter of said Section 35, 161.01 feet; thence North 46 27'59" East 174.23 feet to the North line of the Southeast quarter of said Northeast quarter; thence South 8759'39" East along said North line 85.66 feet to the East line of said Northeast quarter of Section 35; thence South 8845'00" East along the North line of the Southwest quarter of the Northwest quarter of said Section 36, 1,317.62 feet to the East line of said subdivision; thence South 0053'43" West along said East line 30.00 feet; thence North 8845'00" West parallel with said North line 1,317.64 feet to the West line of said Northwest quarter of Section 36; thence North 8759'39" West parallel with said North line of the Southeast quarter of the Northeast quarter of said Section 35, 74.60 feet; thence South 4627'59" West 147.67 feet; thence South 0055'37" West parallel with and 180.00 feet West of said East line of the Northeast quarter of Section 35, 161.40 feet; thence South 4744'37" West 34.29 feet; thence South 0055'37" West parallel with and 205.00 feet West of said East line of the Northeast quarter of Section 35, 344.64 feet to the Point of Beginning.

Together with the North 30.00 feet of Government Lot 2 and the North 30.00 feet of the Southeast quarter of said Northwest quarter of Section 31 lying west of NE Avondale Rd.

Together with the North 30.00 feet of the South one-half of the North one-half of said Section 31 lying East of NE Avondale Road and West of 196th Avenue NE.

Together with a parcel beginning at a point on the East margin of NE Avondale Road lying 30.00 feet South of the North line of the Southeast quarter of the Northwest quarter of said Section 31; thence South 1037'46" West along said East margin 20.08 feet; thence South 8236'01" East 27.96 feet; thence North 0723'59" East 20.00 feet to a point 30.00 feet South of the North line of said subdivision; thence North 8236'01" West parallel with the North line of said subdivision 26.84 feet, more or less, to the East margin of Avondale Road NE and the Point of Beginning.

Together with the North 30.00 feet of the Southwest quarter of the Northwest quarter of said Section 32, lying West of 200th Avenue NE and East of 196th Avenue NE, except the South 15.00 feet of the East 100.00 feet thereof.

Together with the North 30.00 feet of the Southeast quarter of the Northwest quarter of said Section 32 lying West of 204th Avenue NE and East of 200th Avenue NE.

Together with a parcel beginning at a point on the East margin of 200th Avenue NE lying South 0243'25" West of the intersection of the North line of the Southeast quarter of the Northwest quarter of Section 32, 30.00 feet and the Point of Beginning; thence South 8715'29" East 37.00 feet; thence South 0244'31" West 18.00 feet; thence North 8715'29" West parallel with said North line 37.00 feet to the East margin of 200th Avenue NE; thence North 0243'25" East along said East margin 18.00 feet to the Point of Beginning.

Together with a parcel beginning at the Northwest corner of the Southwest quarter of the Northeast quarter of said Section 32 being a point on the East margin of 204th Avenue NE; thence South 8722'27" East along the North line of said subdivision 623.32 feet to the West margin of 206th Avenue NE; thence South 0012'10" West along said West margin 30.03 feet; thence North 8722'27" West parallel with said North line 470.76 feet; thence South 7615'53" West 71.00 feet; thence North 8722'27" West parallel with said North line 53.57 feet; thence North 6521'44" West 32.81 feet to said East margin; thence North 0001'20" East along said East margin 37.74 feet to the Point of Beginning.

Together with the North 30.00 feet of the South one-half of the Northeast quarter of said Section 32 lying East of 206th Avenue NE.

Together with a parcel commencing at a point on the East margin of 206th Avenue NE, said point being on the North line of the Southwest quarter of the Northeast quarter of said Section 32; thence South 0012'10" West along said East margin 30.03 feet to the Point of Beginning; thence South 8722'27" East parallel with said North line 135.09 feet; thence North 8917'05" West 134.98 feet to said East margin of 206th Avenue NE; thence North 0012'10" East along said East margin 4.50 feet to the Point of Beginning.

PUGET SOUND ENERGY, INC., a Washington Corporation ("PSE"); February 9, 1998

(continued) (King County Recording Number 9802120537; P.M. 517-004)

TOLT PIPELINE NO. 2., PHASE III

Those portions of the Northeast quarter of Section 33 and the Northwest quarter of Section 34, Township 26 North, Range 6 East, W.M., King County, Washington, described as follows:

The North 30.00 feet of the South one-half of said Northeast quarter of Section 33 lying West of the West margin of 224th Avenue NE and lying East of the East margin of said 224th Avenue NE.

Together with the North 30.00 feet of the Southwest quarter of said Northwest quarter of Section 34, lying West of the Northwest margin of NE Novelty Hill Road.

The real property for the Tolt 2 Pipeline purposes is conveyed by the easements and are hereby accepted and placed under the jurisdiction of Seattle Public Utilities.

Section 2. Any act pursuant to the authority and prior to the effective date of this ordinance is hereby ratified and confirmed.

Section 3. This ordinance shall take effect and be in force thirty (30) days from and after its approval by the Mayor, but if not approved and returned by the Mayor within ten (10) days after presentation, it shall take effect as provided by Municipal Code Section 1.04.020.

Passed by the City Council the ______ day of ______________, 2001, and signed by me in open session in authentication of its passage this _____ day of ______________, 2001.

President_____________ of the City Council

Approved by me this _____ day of ________________, 2001.

Paul Schell, Mayor

Filed by me this _____ day of ________________, 2001.

City Clerk

(Seal)

MVS/ekm

Tolt 2 Ordinance for easements.doc

05/24/01

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