AN ORDINANCE relating to Seattle Public Utilities; declaring as surplus certain property rights in Seattle Public Utilities property in the 10300 block of 47th Avenue Southwest in Seattle, Washington; and authorizing the Director of Seattle Public Utilities to execute and convey an easement for such surplus property rights to Gary G. St. Arnaud and Ginger L. Marshall.

WHEREAS, in 1987, The City of Seattle, through its then Engineering Department, acquired certain property located in the 10300 block of 47th Avenue Southwest in Seattle, Washington (the "Property") that had been previously affected by a landslide; and

WHEREAS, after acquisition, the Engineering Department replaced a damaged sewer line and stabilized the slope; and

WHEREAS, in 1988, the Engineering Department relocated an eighteen-inch diameter storm drain and an eight-inch diameter sanitary sewer line to their present locations in the southeastern portion of the Property; and

WHEREAS, in 2008, the successor to the Engineering Department, Seattle Public Utilities, discovered a deck that encroached into the southeastern portion of the Property; and

WHEREAS, the current owners of the encroaching deck have requested the right to maintain the deck, and Seattle Public Utilities agrees to grant an easement for the deck over 350 square feet (more or less) of property under the jurisdiction of Seattle Public Utilities; NOW, THEREFORE,

BE IT ORDAINED BY THE CITY OF SEATTLE AS FOLLOWS:

Section 1. Pursuant to the provisions of RCW 35.94.040 and after public hearing, the property rights described in the Deck Easement attached hereto as Attachment 1 and depicted in the map attached hereto as Attachment 2 are hereby found and declared to be surplus and no longer necessary for Seattle Public Utilities' provision of municipal utility service.

Section 2. The Director of Seattle Public Utilities is hereby authorized to execute and record the Deck Easement substantially in the form attached hereto and identified as Deck Easement ("Deck Easement" -Attachment 1).

Section 3. In consideration of the grant of easement rights hereby authorized, Gary G. St. Arnaud and Ginger L. Marshall will pay $1,340.79 to Seattle Public Utilities and such funds shall be deposited into the Drainage and Wastewater Fund.

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 ________________________, 2011, and signed by me in open session in authentication of its passage this

_____ day of ___________________, 2011.

_________________________________

President __________of the City Council

Approved by me this ____ day of _____________________, 2011.

_________________________________

Michael McGinn, Mayor

Filed by me this ____ day of __________________________, 2011.

____________________________________

Monica Martinez Simmons, City Clerk

(Seal)

Pree Carpenter/pc SPU MarshallDeck Ord April 11, 2011 Version #5a

Attachment 1 -Deck Easement

Recording Requested By And

When Recorded Mail To:

Seattle City of

SPU/Real Prop -DWU

Box Office 34018

Seattle, WA 98124-4018

DECK EASEMENT

Reference # of Documents Released or Assigned: 20080617001483

Grantor: The City of Seattle, acting by and through Seattle Public Utilities

Grantee: Gary G. St. Arnaud and Ginger L. Marshall

Legal Description (abbreviated): Portion of Lot B City of Seattle Short Plat No 81-230-0270

Assessor's Tax Parcel ID#: 022303-9328

R/W # 2008-012-002

THIS EASEMENT AGREEMENT granted this _______ day of ______________________, 2011, by and between THE CITY OF SEATTLE, a municipal corporation of the State of Washington, acting by and through Seattle Public Utilities ("City" or "Grantor"), to Gary G. St. Arnaud and Ginger L. Marshall, husband and wife, (the "Grantees").

WITNESSETH: Said Grantor for and in consideration of the sum of One Thousand Three Hundred Forty dollars and 79/100 ($1,340.79) and other good and valuable consideration, the sufficiency and receipt of which is hereby acknowledged, grants and conveys to the Grantee, a non-exclusive easement for an existing deck with necessary appurtenances ("Deck") over and across the following described property in Seattle, King County, Washington:

Portion of Lot B, City of Seattle Short Plat Number 81-230-0270, recorded under recording number 8309120907, (Lot B being a portion of Tracts 1 and 2, Westwood by the Sound, according to the plat thereof recorded in Volume 27 of Plats, Page 38, in King County, Washington, and a portion of the south 75 Feet of Government Lot 3, Section 2, Township 23 North, Range 3 East, Willamette Meridian, in King County, Washington).

Said portion of Lot B being that wedge-shaped portion southeast of a line twenty (20) feet southeast of and parallel to a base line beginning at the southwestern and southern-most corner of Lot B and continuing N 60 degrees 00' 00" E along the southeastern boundary of Lot B and the extension thereof to southwesterly border of 47th Avenue SW.

Containing 347 square feet, more or less.

(the "Easement Area")

This easement shall include only such rights in the land above described as the Grantor possesses and that are necessary for the maintenance and repair of the existing elevated deck and retaining wall. Grantees, or their successors or assigns, may not landscape, plant vegetation, reconstruct the deck, or change the land, deck or retaining wall in any way without prior written permission by the Grantor, or its successors or assigns. Any permission granted by Grantor must be recorded with King County. Such permission shall not be unreasonably withheld.

Grantee understands and agrees that no other structures shall be permitted in the Easement Area and that this Easement Agreement is subject to and subordinate to that certain Easement granted to the Washington Natural Gas Company, dated December 11, 1987 and recorded under King County Recording No. 8801040475 ("WNG Easement"). Grantee acknowledges and understands that Washington Natural Gas Company, by and through its successor, Puget Sound Energy, has certain rights within a portion of the Easement Area that prevents any structures from being built. Grantee understands and acknowledges Grantor makes no promises, either express or implied, regarding the compliance of the deck structure with the WNG Easement and the rights of Grantee to keep and maintain such structure, in its present condition or otherwise with respect to Puget Sound Energy as the successor to Washington Natural Gas Company.

The Grantees shall have the right without prior institution of any suit or proceeding at law, at such time as may be necessary, to enter upon the Easement Area for the purposes herein described, without incurring any legal obligation or liability therefore.

The Grantor shall have the right without prior institution of any suit or proceeding at law, at such time as may be necessary, to enter upon the Easement Area without incurring any legal obligation or liability therefore.

The Grantees acknowledge that the City presently has an 18" stormwater mainline and an 8" sanitary sewer within or in the vicinity of the Easement Area.

The Grantor shall at all times have free access to the Easement Area for the operation, maintenance, replacement and repair of its stormwater mainline and sanitary sewer. In the event that the Deck is destroyed or damaged during such operation, maintenance, replacement or repair, the Grantees shall not be entitled to payment for damages to the Deck or for the loss of use of the Deck.

This non-exclusive easement does not supersede the easement rights granted to other parties nor shall it interfere with the City's or other party's facilities in City property.

Grantee shall protect, defend, indemnify and hold harmless Grantor, its officials, employees, agents and successors from any and all costs (including attorneys' fees and costs), claims, demands, judgments, damages, or liability of any kind, including personal injury or damages to property, which arise out of, or in any way results from, or are connected to, or due to any negligent acts, omissions or willful misconduct, or any breach of this Easement Agreement by Grantee in Grantee's use of the deck structure, or exercise of any rights granted herein under this Easement Agreement; provided, however, that Grantee shall not be liable to Grantor for any loss, damage or liability resulting from the sole negligence or willful act or omission of Grantor(s), its heirs, legal representatives, successors or assigns, or the concurrent negligence of Grantor(s), its heirs, legal representatives, successors or assigns to the extent of such concurrent negligence.

The covenants herein contained shall run with the land and shall be binding on the parties, their successors and assigns forever.

__________________________________________

Ray Hoffman

Director, Seattle Public Utilities

Date: ___________________

STATE OF )

) ss.

COUNTY OF )

I certify that I know or have satisfactory evidence that ________________________________ is the person who appeared before me, and said person acknowledged that she signed this instrument, on oath stated that she was authorized to execute the instrument and acknowledged it to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument.

SUBSCRIBED AND SWORN to before me this ______day of _______________________, 2011.

Name (Print)

NOTARY PUBLIC in and for the State of

residing at

My appointment expires

(SEAL)

Attachment 2 -Map of Deck Easement