AN ORDINANCE relating to the "Agreement for Sewage Disposal" between the City of Seattle and the Municipality of Metropolitan Seattle dated January 26, 1961, and amended by "Supplemental Agreement No. 2" executed February 15, 1962; authorizing the Director of Seattle Center to convey an easement to King County through Seattle Center land in partial satisfaction of City of Seattle obligations under the "Agreement for Sewage Disposal".

WHEREAS, the City of Seattle ("City") and the Municipality of Metropolitan Seattle ("Metro") entered into an "Agreement for Sewage Disposal" ("1961 Agreement") dated January 26, 1961, recorded under recording number 6101817, authorized by City Ordinance 89363, which contained a reference to a list of permanent sewer facilities; and

WHEREAS, the 1961 Agreement provided for, among other things, the transfer of certain permanent sewage facilities owned by the City to Metro in consideration of the payment of $6,285,660.00; and

WHEREAS, the 1961 Agreement was amended February 15, 1962, by Supplemental Agreement No. 2 recorded under recording number 6101816, to reduce the property transferred as part of the Alki Point Sewage Treatment Plant and reduce the purchase price to $6,189,780.00; and

WHEREAS, at the time the 1961 Agreement was signed, the City was responsible for the payment of bonds that were outstanding for acquisition and construction of the facilities, preventing the City from conveying facilities until the bonds were paid; and

WHEREAS, the 1961 Agreement provided that "The City shall continue to own the facilities described in this Section 9 and shall continue to pay the principal of and interest on any bonds issued to pay in whole or in part the cost of acquisition and construction of such facilities, provided that facilities which are designated as "permanent" shall be conveyed by the City to Metro by quit claim deed upon payment of all presently outstanding revenue bonds or general obligation bonds of the City secured by or issued to acquire or construct said facilities"; and

WHEREAS, the City has paid the entire principal and interest of all such bonds issued to pay in whole or in part the cost of acquisition and construction of such facilities, and the bonds are no longer in existence; and

WHEREAS, in 1994 Metro merged with King County ("County"); and

WHEREAS, the sewer facility known as the "Lake Union Tunnel" crosses City land under the jurisdiction, and the management and control of the Seattle Center, a department of the City of Seattle; and

WHEREAS, the City and the County have agreed to record a separate easement agreement for the Lake Union Tunnel, being one of those permanent sewer facilities identified in the 1961 Agreement, in the form attached to this Ordinance as Attachment 1 (Wastewater Tunnel Easement Agreement); NOW, THEREFORE,

BE IT ORDAINED BY THE CITY OF SEATTLE AS FOLLOWS:

Section 1. The Director of Seattle Center ("Director") is hereby authorized to execute, on behalf of the City of Seattle, a Wastewater Tunnel Easement Agreement, between King County, a political subdivision of the State of Washington, and the City of Seattle, a municipal corporation; substantially as included herewith as Attachment 1 for the following described property:

Parcel # 198520-0130

DENNYS D T 3RD ADDN NLY 27.41 FT OF LOTS 5 & 8 & ALL OF LOTS THRU 12 BLK 40 & NLY 27.41 FT OF LOTS 5 & 8 & ALL OF LOTS 1 THRU 4 & 9 THRU 12 BLK 47 & POR OF LOTS 1, 2 & 8 THRU 12 BLK 49 LY NWLY OF BROAD ST & LOTS 1 & 4 THRU 12 BLK 50 & LOTS 1, 2 & 8 THRU 12 BLK 57 IN DENNYS PARK ADD TGW POR VAC ALLEYS & STS ADJ

Parcel# 198520-0185

Lots 1, 2, 3 and 4, Block 40, D. T. Denny's 3rd Addition to North Seattle, as recorded in Volume 1 of Plats, page 145, Records of King County, Washington.

Parcel # 198520-0305

All of Block 46 of D. T. Denny's 3rd Addition to North Seattle, as per plat recorded in Volume 1 of Plats on page 145, records of King County; TOGETHER WITH vacated alley lying within said Block 46, as vacated under Ordinance No. 66088 of the City of Seattle

Parcel # 198520-0550

DENNYS D T 3RD ADD TGW VAC ALLEY & POR VAC STS ADJ & TGW POR VAC RD ADJ AS DESC IN DEED REC #20000718000203

Parcel# 199120-0012

DENNYS D T PARK ADD PORTION BLK 56 & OF VACATED ALLEY ABUTTING THEREON AS VACATED UNDER CITY OF SEATTLE ORD NO 90267 & OF EAST HALF OF VACATED 4TH AVE NORTH ABUTTING THEREON AS VACATED UNDER CITY OF SEATTLE ORD NO 115773 DESCRIBED AS FOLLOWS: COMMENCING AT NW CORNER OF EAST 7 FT SD BLK 56 TH N 88-33-27 W 104 FT ALONG NORTH LINE THOF TO BEGINNING OF CURVE CONCAVE SELY RADIUS OF 30 FT & TPOB TH WLY & SWLY 40.76 FT ALONG SD CURVE THRU C/A OF 77-50-37 TO BEGINNING OF REVERSE CURVE CONCAVE NWLY RADIUS OF 65 FT TH SWLY & WLY 88.32 FT ALONG SD CURVE THRU C/A OF 77-50-50 TH N 88-33-14 W 22.12 FT TO WEST LINE OF EAST 226 FT SD BLK TH S 01-26-46 W 284.91 FT ALONG SD WEST LINE TO SOUTH LINE SD BLK TH N 88-33-22 W 62.80 FT ALONG SD SOUTH LINE TO CENTERLINE SD VACATED 4TH AVE NORTH TH N 0126-17 E 359.90 FT ALONG SD CENTERLINE TO WLY PROLONGATION SD NORTH LINE BLK 56 TH S 88-33-27 E 177.85 FT ALONG SD PROLONGATION & NORTH LINE TO TPOB AKA LOT B CITY OF SEATTLE LOT BOUNDARY ADJUSTMENT NO 9704959 REC NO 9806019012 TGW POR VAC STS ADJ PER VAC ORD #120013 & TGW POR VAC RD ADJ AS DESC IN DEED REC #20000718000203

Section 2. 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 ________________________, 2013, and signed by me in open session in authentication of its passage this

_____ day of ___________________, 2013.

_________________________________

President __________of the City Council

Approved by me this ____ day of _____________________, 2013.

_________________________________

Michael McGinn, Mayor

Filed by me this ____ day of __________________________, 2013.

____________________________________

Monica Martinez Simmons, City Clerk

(Seal)

Attachment 1: Wastewater Tunnel Easement Agreement

Kerry Smith CEN 1961 King Co Wastewater Easement ORD June 3, 2013 Version #1

Kerry Smith CEN 1961 King Co Wastewater Easement ORD Att. 1 June 3, 2013 Version 1

Attachment 1 to CEN 1961 King Co Wastewater Easement Ordinance June 3, 2013

When Recorded Mail To:

King County

Department of Natural Resources and Parks

Wastewater Treatment Division

Attn: Claire Christian

MS KSC-NR-512

201 South Jackson Street

Seattle, WA 98104-3855

Document Title: Wastewater Tunnel Easement Agreement (Lake Union Tunnel, 1961 Agreement)

Grantor(s): City of Seattle

Grantee: King County, Wastewater Treatment Division

Abbreviated Legal Description: __________________________

Additional Legal Description is on Page: __________________________

Assessor's Tax Parcel Number(s): 1985200130, 1985200185, 1985200305, 1985200550, 1991200012

WASTEWATER TUNNEL EASEMENT AGREEMENT

THIS WASTEWATER TUNNEL EASEMENT AGREEMENT ("Tunnel Easement Agreement") is made this ______ day of _______________ 20____ by and between the City of Seattle, a Washington municipal corporation, its successors and assigns (CITY), and King County, a political subdivision of the State of Washington, through its Wastewater Treatment Division, its successors and assigns (COUNTY):

RECITALS

WHEREAS, the CITY and the Municipality of Metropolitan Seattle (Metro) entered into an "Agreement for Sewage Disposal" (hereinafter 1961 Agreement) dated January 26, 1961, recorded under recording number 6101817, authorized by CITY Ordinance 89363, and containing a reference to a list of permanent facilities; and

WHEREAS, the 1961 Agreement provided for, among other things, the transfer of permanent sewage facilities owned by the CITY to Metro in consideration of the payment of $6,285,660.00; and.

WHEREAS, the 1961 Agreement was amended February 15, 1962, by Supplemental Agreement No. 2, to reduce the property transferred as part of the Alki Point Sewage Treatment Plant and reduce the purchase price to $6,189,780.00; and

WHEREAS, pursuant to the 1961 Agreement, on July 1, 1962, Metro assumed the exclusive right to use and duty to maintain, operate, repair and replace the facilities; and

WHEREAS, at the time the 1961 Agreement was signed, the CITY was responsible for the payment of bonds that were outstanding for acquisition and construction of the facilities, preventing the CITY from conveying facilities until the bonds were paid; and

WHEREAS, the 1961 Agreement provided that "The City shall continue to own the facilities described in this Section 9 and shall continue to pay the principal of and interest on any bonds issued to pay in whole or in part the cost of acquisition and construction of such facilities, provided that facilities which are designated as "permanent" shall be conveyed by the City to Metro by quit claim deed upon payment of all presently outstanding revenue bonds or general obligation bonds of the City secured by or issued to acquire or construct said facilities"; and

WHEREAS, the CITY has paid the entire principal and interest of all such bonds issued to pay in whole or in part the cost of acquisition and construction of such facilities, and the bonds are no longer in existence; and

WHEREAS, by the end of 1968 Metro fulfilled its obligations to the CITY to pay the total amount required by the 1961 Agreement for the Facilities and as amended by Supplemental Agreement No. 2; and

WHEREAS, in 1994 Metro merged with and became part of the COUNTY; and

WHEREAS, the sewer facility known as the "Lake Union Tunnel" partially crosses CITY land under the jurisdiction or management and control of the Seattle Center, a department of the City of Seattle; and

WHEREAS, the CITY and the COUNTY have agreed to record easement agreements for each fee-owned City property encumbered by certain sewer facilities identified in the 1961 Agreement, the Lake Union Tunnel being one of those facilities;

NOW, THEREFORE, the CITY and the COUNTY hereby agree as follows:

AGREEMENT

1. Grant and Purpose of Tunnel Easement. The CITY hereby grants to the COUNTY, for the purposes described below and subject to the conditions contained in this Tunnel Easement Agreement, a permanent subsurface easement (the "Tunnel Easement") under the surface of and through a portion of the City's real property together with a right of reasonable ingress and egress access thereto. The City's real property is legally described in Exhibit "A", attached hereto and incorporated herein by reference (City's Property"). The Tunnel Easement is described in Exhibit "B" and illustrated in Exhibit "C" (the "Tunnel Easement Area"), all attached hereto and incorporated herein by reference.

The COUNTY shall have the right to use the Tunnel Easement Area for all purposes necessary or incidental to installing, constructing, operating, maintaining, inspecting, removing, repairing, replacing, resizing, abandoning in place, and upgrading a subsurface wastewater tunnel(s) within the Tunnel Easement Area and for no other purposes. All of the COUNTY's improvements now or hereafter located in the Tunnel Easement Area including the tunnel, are referred to as "Easement Improvements", and shall at all times remain the property of the COUNTY. The COUNTY may implement, at its expense, a settlement-monitoring program and tracking system in a location and time approved by the Seattle Center at and above the ground surface during assessment of Easement Improvements, which may include a survey of the condition of the property and improvements prior to maintenance and/or construction of Easement Improvements. Access by the COUNTY to CITY property outside of the Tunnel Easement Area to implement such a settlement-monitoring program and tracking system shall be subject to the provisions of Section 2 of this Agreement.

Prior to any construction, work, decommissioning pursuant to Section 4 of this Agreement, or any other activity by the COUNTY within the Tunnel Easement Area, excluding maintenance or work within the existing improvements, the COUNTY shall notify the CITY in writing and shall provide the CITY with a copy of all plans and specifications for such proposed construction activity for review at least thirty (30) days prior to the commencement of such construction. The COUNTY shall not commence such construction, work or activity unless and until it has received the CITY's prior written consent that the COUNTY'S proposed construction, work, decommissioning, or activity will not interfere with CITY property or facilities, which consent will not be unreasonably withheld. If the County has not received a response from the City's within thirty days from the date of providing the plans and specifications, the City shall have been deemed to provide its consent. The CITY's review and, if applicable, approval of the COUNTY'S plans and specifications shall be strictly limited to the facilities and/or excavation shown on the plans and specifications submitted to the CITY and shall in no event constitute or be construed as a certification of the adequacy or sufficiency of the COUNTY'S plans and specifications nor whether the COUNTY'S construction, work or activity complies with other applicable laws, building codes and other governmental rules and regulations.

2. Limitations.

For purposes of this Wastewater Tunnel Easement Agreement, except in case of emergency, the COUNTY shall not enter the City's Property outside the Tunnel Easement Area or disturb the vegetation, landscape features, topography or improvements, including but not limited to buildings, pavement, signs and other structures outside of the Tunnel Easement Area without first obtaining prior written approval from the Seattle Center to use or occupy the City's Property. The COUNTY shall submit such written request to the CITY no less than 30 days prior to the proposed entry date. Seattle Center will respond to the COUNTY within 30 days of receipt of such written request. If the CITY fails to respond within 30 days of receipt of such request, the request shall be deemed granted. The COUNTY's request for use or occupancy of the CITY's property shall not be unreasonably denied. If an emergency arises that affects the Easement Improvements that necessitates the entry onto the City's Property, the COUNTY shall notify the CITY as soon as is reasonably possible as to the nature of the emergency, and the COUNTY shall coordinate its response and entry onto the City's Property with the CITY.

All activities of the COUNTY outside of the Tunnel Easement Area approved or permitted by the Seattle Center Director shall be completed without delay by COUNTY employees or a qualified, licensed and bonded contractor, at the sole expense of the COUNTY and, upon completion of such permitted activity, the COUNTY shall immediately remove all equipment and debris and restore all disturbed topography, vegetation, landscape features and improvements, to their condition immediately prior to the initiation of such activity, unless otherwise mutually agreed in writing.

3. CITY's Rights. The CITY shall have the continuing right to use its property outside of the Tunnel Easement Area, so long as such use does not unreasonably interfere with the Easement Improvements. The upper limit of the Tunnel Easement Area described in Exhibit "B" and depicted in Exhibit "C" is between approximately 100 feet below the present surface elevation of the property at the Northerly boundary of Tax Parcel #199120-0012 (also identified as the approximate location of the estimated true point of beginning) and 132 feet below the present surface elevation of the property at the westerly boundary of Parcel #198520-0130 (also identified as the approximate location of the estimated true point of ending), Prior to any construction, work or any other activity by the CITY that is within a distance of fifty (50) feet from the upper limit of the Tunnel Easement Area, the CITY shall notify the COUNTY in writing and shall provide the COUNTY with a copy of all plans and specifications for such proposed construction activity for review at least thirty (30) days prior to the commencement of such construction. The CITY shall not commence such construction, work or activity unless and until it has received the COUNTY's prior written consent that the CITY's proposed construction, work or activity will not interfere with the COUNTY's rights under this Tunnel Easement Agreement. The COUNTY's review and, if applicable, approval of the CITY's plans and specifications shall be strictly limited to the facilities and/or excavation shown on the plans and specifications submitted to the COUNTY and shall in no event constitute or be construed as a certification of the adequacy or sufficiency of the CITY's plans and specifications nor whether the CITY's construction, work or activity complies with other applicable laws, building codes and other governmental rules and regulations.

4. Abandonment and Relinquishment of Easement. In the event that the COUNTY abandons or ceases to use the Tunnel Easement Area for subsurface wastewater uses, the COUNTY shall decommission the Easement Improvements at its sole cost and expense. COUNTY shall determine the method of decommissioning. Prior to commencing decommissioning of the Easement Improvements, the COUNTY shall notify the CITY in writing of its intent to do so, and shall provide the CITY with plans and specifications for such decommissioning work in accordance with the notice, review and consent requirements of Section 1. Upon completion of the decommissioning of the Easement Improvements by the COUNTY, the COUNTY shall prepare a document to relinquish the Tunnel Easement for the CITY's review and approval. Upon approval and acceptance by the CITY, the COUNTY shall then execute and record the easement relinquishment document with the King County Recorder's Office or its successor agency.

5. Costs. If the COUNTY violates the terms of this Tunnel Easement Agreement, requiring action by the CITY, the COUNTY shall reimburse the CITY for its reasonable costs for restoration, vegetation, replanting, or other improvement, reconstruction or for repair of CITY's property or improvements. The COUNTY shall reimburse the CITY within forty-five (45) days of the CITY providing adequate documentation of such costs to the COUNTY.

If the CITY violates the terms of this Tunnel Easement Agreement, requiring action by the COUNTY, the CITY shall reimburse the COUNTY for its reasonable costs for reconstruction or repair of the Easement Improvements. The CITY shall reimburse the COUNTY within forty-five (45) days of the COUNTY providing adequate documentation of such costs to the CITY.

6. Notices. Any notices required or permitted under this Tunnel Easement Agreement shall be personally delivered or sent by certified mail, return receipt requested and shall be deemed given three (3) days following the date when mailed or one (1) business day following personal delivery. All notices shall be sent to the following addresses:

To the COUNTY: King County

Wastewater Treatment Division

Regulatory Compliance and Land

Acquisitions Supervisor

Mailstop: KSC-NR-0512

201 South Jackson Street, Suite 512

Seattle, WA 98104-3855

To the CITY: City of Seattle

Seattle Center

Executive Offices

305 Harrison

Seattle, WA 98109

7. General. The COUNTY shall have the right to assign its rights under this Tunnel Easement Agreement, in whole or in part, only to a governmental agency that is a functional successor and only upon such successor's express assumption of obligations and liabilities under this Tunnel Easement Agreement.

IN WITNESS HEREOF, the parties hereto have caused this Tunnel Easement Agreement to be executed by their duly authorized officers, effective as of the day and year first above written.

For the CITY OF SEATTLE, a Washington municipal corporation:

_________________________________ _______________________

Printed Name: Date

Title:

For KING COUNTY, a political subdivision of the State of Washington:

__________________________________ _______________________

Gregory Bush Date

Section Manager, Environmental and Community Services

For the CITY OF SEATTLE:

STATE OF WASHINGTON )

)SS

COUNTY OF KING )

On this _____ day of ________________________, 20___, before me the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared ___________________________________________ to me known to be the Director of Seattle Center of the City of Seattle, the municipal corporation named in and which executed the foregoing document, and stated on oath that he/she 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.

Notary Public in and for the

State of Washington, residing

at

My appointment expires

For KING COUNTY:

STATE OF WASHINGTON )

)SS

COUNTY OF KING )

On this _____ day of ________________________, 20___, before me the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared Gregory Bush to me known to be the Section Manager of the Environmental and Community Services Unit of King County, a political subdivision of the State of Washington, through its Wastewater Treatment Division, who executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said County for the uses and purposes therein mentioned, and on oath stated that s/he was authorized to execute the said 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 Washington, residing

at ____________________

My appointment expires

EXHIBIT A

Legal Description of City's Property

Parcel # 198520-0130

DENNYS D T 3RD ADDN NLY 27.41 FT OF LOTS 5 & 8 & ALL OF LOTS THRU 12 BLK 40 & NLY 27.41 FT OF LOTS 5 & 8 & ALL OF LOTS 1 THRU 4 & 9 THRU 12 BLK 47 & POR OF LOTS 1, 2 & 8 THRU 12 BLK 49 LY NWLY OF BROAD ST & LOTS 1 & 4 THRU 12 BLK 50 & LOTS 1, 2 & 8 THRU 12 BLK 57 IN DENNYS PARK ADD TGW POR VAC ALLEYS & STS ADJ

Parcel# 198520-0185

Lots 1, 2, 3 and 4, Block 40, D. T. Denny's 3rd Addition to North Seattle, as recorded in Volume 1 of Plats, page 145, Records of King County, Washington.

Parcel # 198520-0305

All of Block 46 of D. T. Denny's 3rd Addition to North Seattle, as per plat recorded in Volume 1 of Plats on page 145, records of King County; TOGETHER WITH vacated alley lying within said Block 46, as vacated under Ordinance No. 66088 of the City of Seattle

Parcel # 198520-0550

DENNYS D T 3RD ADD TGW VAC ALLEY & POR VAC STS ADJ & TGW POR VAC RD ADJ AS DESC IN DEED REC #20000718000203

Parcel# 199120-0012

DENNYS D T PARK ADD PORTION BLK 56 & OF VACATED ALLEY ABUTTING THEREON AS VACATED UNDER CITY OF SEATTLE ORD NO 90267 & OF EAST HALF OF VACATED 4TH AVE NORTH ABUTTING THEREON AS VACATED UNDER CITY OF SEATTLE ORD NO 115773 DESCRIBED AS FOLLOWS: COMMENCING AT NW CORNER OF EAST 7 FT SD BLK 56 TH N 88-33-27 W 104 FT ALONG NORTH LINE THOF TO BEGINNING OF CURVE CONCAVE SELY RADIUS OF 30 FT & TPOB TH WLY & SWLY 40.76 FT ALONG SD CURVE THRU C/A OF 77-50-37 TO BEGINNING OF REVERSE CURVE CONCAVE NWLY RADIUS OF 65 FT TH SWLY & WLY 88.32 FT ALONG SD CURVE THRU C/A OF 77-50-50 TH N 88-33-14 W 22.12 FT TO WEST LINE OF EAST 226 FT SD BLK TH S 01-26-46 W 284.91 FT ALONG SD WEST LINE TO SOUTH LINE SD BLK TH N 88-33-22 W 62.80 FT ALONG SD SOUTH LINE TO CENTERLINE SD VACATED 4TH AVE NORTH TH N 0126-17 E 359.90 FT ALONG SD CENTERLINE TO WLY PROLONGATION SD NORTH LINE BLK 56 TH S 88-33-27 E 177.85 FT ALONG SD PROLONGATION & NORTH LINE TO TPOB AKA LOT B CITY OF SEATTLE LOT BOUNDARY ADJUSTMENT NO 9704959 REC NO 9806019012 TGW POR VAC STS ADJ PER VAC ORD #120013 & TGW POR VAC RD ADJ AS DESC IN DEED REC #20000718000203

EXHIBIT B -Description of Easement

Subsurface Tunnel Easement

Lake Union Tunnel (at Seattle Center)

Easement Description:

On the alignment of the Lake Union Tunnel from and between the upstream manhole WW*LUNION.LU2001 bearing South 61 degrees 51' 59" West to manhole WW* LUNION.W10-129G , beginning at a point on the Northerly boundary of Block 56, D T Denny's 3rd Addition to North Seattle (and also the Northerly boundary of Tax Parcel # 1991200012), the approximate location of estimated true point of beginning, of a 15 foot wide by 30 foot height subsurface easement, being 7.5 feet laterally on either side and 15 feet in height and 15 feet in depth from the following described centerline:

Thence proceeding along said alignment to the intersection of said line with the Westerly boundary of Block 40 of the same plat (and also the Westerly boundary of Parcel #1985200130), the approximate location of estimated true point of ending of said easement centerline. Said subsurface easement is approximately 1235' long and is at varying depths of up to approximately 140 feet below ground surface.