ORDINANCE _________________

AN ORDINANCE relating to the City Light Department; authorizing the acceptance of a deed to land in Skagit County, Washington, to be set aside as a fish and wildlife preserve pursuant to the terms of the Fisheries Settlement Agreement entered into by The City of Seattle in connection with the relicensing of the Skagit River Hydroelectric Project.

WHEREAS, in connection with the relicensing of the Skagit River Hydroelectric Project by the Federal Energy Regulatory Commission and pursuant to Resolution 28349, City Light entered into the Fisheries Settlement Agreement, (collectively, "Fisheries Agreement") incorporating by reference the Anadromous Fish Flow Plan (Flow Plan) and the Anadromous and Resident Fish Non-Flow Plan (Non-Flow Plan), dated April 1991, with the Washington Department of Wildlife, Washington Department of Fisheries (both now Washington Department of Fish and Wildlife); U.S. Department of the Interior, National Park Service, U.S. Fish and Wildlife Service and Bureau of Indian Affairs; U.S. Department of Agriculture, U.S. Forest Service; Upper Skagit Tribe; Sauk-Suiattle Tribe; Swinomish Indian Tribal Community; U.S. Department of Commerce, National Marine Fisheries Service; and the North Cascades Conservation Council (collectively, the "Intervenors"); and

WHEREAS, the Fisheries Settlement Agreement outlines a fish habitat development and improvement program, including land acquisition, that sets forth principles and procedures for selecting project sites and land to be acquired. The Fisheries Settlement Agreement further creates and empowers the Non-Flow Plan Coordinating Committee (NCC), made up of representatives of the City and the Intervenors with the responsibility for land and project selection decisions; and

WHEREAS, the Non-Flow Plan Coordinating Committee has selected a parcel of land in Skagit County, Washington and directed the purchase thereof; and

WHEREAS, Ordinance 118226 and the Fisheries Settlement Agreement authorized City Light to acquire parcels of land consistent with the budget and selection criteria established in the Fisheries Settlement Agreement and City Light has purchased a parcel of land consistent with said budget and selection criteria; and

WHEREAS, the above-described real property transaction requires acceptance of the deed by City ordinance; NOW, THEREFORE,

BE IT ORDAINED BY THE CITY OF SEATTLE AS FOLLOWS:

Section 1. That the Superintendent of City Light, or his designee is authorized to accept on behalf of The City of Seattle the Statutory Warranty Deed executed by Ray Powell Johnson and Elsie L. Johnson, husband and wife, on January 3, 2000, as Grantors, recorded under Skagit County Recording Number 200001050079, conveying approximately 62 acres located in the Skagit River basin, and the real property conveyed therein is placed under the jurisdiction of the City Light Department.

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 _________, 2002, and signed by me in open session in authentication of its passage this _____ day of __________, 2002.

_________________________________

President __________of the City Council

Approved by me this ____ day of _________, 2002.

_________________________________

Gregory J. Nickels, Mayor

Filed by me this ____ day of _________, 2002.

____________________________________

City Clerk

(Seal)

Steve Hagen/seh

2002 Fisheries Land Ord

July 30, 2002

version 1

1 -