AN ORDINANCE relating to Seattle Public Utilities; authorizing acquisition and acceptance of an easement from the City of Carnation for emergency evacuation purposes, on property located adjacent to Carnation in King County, Washington.

WHEREAS, The City of Seattle, acting by and through Seattle Public Utilities, owns and operates the Tolt Dam, a two hundred foot high earth dam; and

WHEREAS, the City of Carnation ("Carnation") lies sixteen miles downstream of the Tolt River Dam; and

WHEREAS, Carnation has purchased a 20.3 acre upland parcel to provide a place of refuge in the event of catastrophic failure of the Tolt Dam; and

WHEREAS, The City of Seattle desires to acquire an easement on such property for emergency evacuation use by The City of Seattle employees; and

WHEREAS, the easement will contain a covenant restricting the owner's use of such property to emergency evacuation and such passive recreation as does not interfere with evacuation use; and

WHEREAS, The City of Seattle finds that the acquisition and acceptance of such an easement is in its best interest, Now, Therefore,

BE IT ORDAINED BY THE CITY OF SEATTLE AS FOLLOWS:

Section 1. As recommended by the Seattle City Council and the Mayor of Seattle, the Managing Director of SPU is authorized to acquire an easement granting the right to enter upon and use, for emergency evacuation purposes, certain property in King County, Washington, more particularly described as follows:

Parcel W, as delineated on Boundary Line Adjustment Number L99L0045 recorded under Recording Number 1999628900006 being a portion of Section 15, Township 25 North, Range 7 East, Willamette Meridian, in King County, Washington;

Together with all easements for ingress, egress and utilities as established in that certain declaration of easement and covenants for Tolt River Highlands dated April 18, 1996 recorded April 24, 1996 under Auditor's File No. 9604240876 rerecorded May 14, 1996 under Auditor's File No. 9605140925;

Together with an easement for ingress, egress and utilities recorded under Recording Number 20000317001747 (the "Property").

Section 2. As requested by the Seattle City Council and recommended by the Mayor of The City of Seattle, the Managing Director of Seattle Public Utilities is authorized to pay One Hundred Fifty Thousand Dollars and no/100 ($150,000.00) to the City of Carnation, as consideration for an easement substantially in the form shown in Attachment "A" hereto, and to take all other actions necessary in conjunction with acquisition of said easement. Said Managing Director is further authorized to accept such easement for and on behalf of The City of Seattle. The easement shall be funded through the Carnation Safe Haven Project (#C101073), and shall be placed under the jurisdiction of Seattle Public Utilities.

Section 3. Any act pursuant to and prior to the effective date of this ordinance is hereby ratified and confirmed.

Section 4. 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 this _____ day of ____________, 200_, and signed by me in open session in authentication of its passage this _____ day of _________________, 200_. _____________________________________ President of the City Council

Approved by me this _____ day of _________________, 200_. ___________________________________________ Mayor

Filed by me this _____ day of ____________________, 200_. ___________________________________________ City Clerk

December 11, 2001 (Ver. 2) t