CITY OF SEATTLE

ORDINANCE __________________

COUNCIL BILL __________________

AN ORDINANCE relating to drainage, flood and habitat improvements being implemented through the Thornton Creek at 35th Ave NE project by Seattle Public Utilities along Thornton Creek on private and public lands; declaring easement rights related to Thornton Creek at 10706 35th Avenue Northeast surplus to the City's utility needs; authorizing relinquishment of the surplus easement; authorizing Seattle Department of Transportation to acquire, accept, and record, on behalf of the City of Seattle a permanent bridge maintenance easement from Seattle School District #1; placing such easement under the Seattle Department of Transportation's jurisdiction; transferring partial jurisdiction of a portion of property in the Southwest Quarter of Section 27, Township 26 North, Range 4 East, W.M., from Seattle Public Utilities to the Seattle Department of Transportation for bridge footings and maintenance; approving a five year Memorandum of Agreement between the Seattle School District and Seattle Public Utilities for activities on school lands; and ratifying and confirming certain prior acts.

WHEREAS, Seattle Public Utilities (SPU) is replacing a culvert under 35th Ave. NE on the south branch of Thornton Creek and re-aligning a portion of Thornton Creek on property owned by the Seattle School District (SSD) to address chronic flooding and associated impacts; and

WHEREAS, transfers of property rights and other agreements are necessary for completion of the proposed drainage and habitat improvements; and

WHEREAS, the City of Seattle acquired an easement for a storm drain for Thornton Creek over private property at 10706 35th Avenue NE in 1968; and

WHEREAS, Thornton Creek has been relocated north of that storm drain easement and therefore, the storm drain easement right is no longer needed and is surplus to the City's needs; and

WHEREAS, the City desires to relinquish the storm drain easement; and

WHEREAS, the Seattle Department of Transportation (SDOT) and SPU have determined that a transfer of partial jurisdiction of a small area of a City-owned parcel (King Co. Parcel No. 2726049064) on the east side of the culvert under 35th Ave NE from SPU to SDOT is appropriate to facilitate the placement of bridge footings and on-going maintenance of the bridge and culvert by SDOT; and

WHEREAS, the City requires an easement for permanent access to SSD property on the west side of the culvert under 35th Ave NE for maintenance by SDOT; and

WHEREAS, a Memorandum of Agreement (MOA) between SPU and SSD is necessary for defining ongoing site access needs for monitoring and maintenance, short and long term maintenance obligations and financial compensation to SSD for loss of buildable land resulting from re-alignment of the creek and changes to riparian buffer zones; 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 storm drain easement at 10706 35th Avenue NE and recorded as King County Recording No. 6374599, as accepted by Ordinance 96816, is hereby found and declared to be no longer required for municipal utility purposes and is surplus to the City of Seattle's needs (Surplus Easement).

Section 2. The Director of SPU, or his designee, is authorized to execute and record, on behalf of the City of Seattle, a Relinquishment of Easement for the Surplus Easement, substantially in the form attached as Attachment 1.

Section 3. Such limited and partial jurisdiction of the real property legally described and depicted in Attachment 2, attached hereto and incorporated herein, as shall be necessary for: i) the limited purpose of placing bridge footings (Area A); and ii) the limited purposes of maintenance and repair of the bridge and culvert ("Area B", together with Area A ("Area") ), is transferred from SPU to SDOT on the conditions that: (a) SDOT shall give SPU at least 5 days' notice of intent to access the Area for maintenance and repair, except in case of emergency, and shall coordinate with SPU for any work requiring plans or permits affecting Thornton Creek; (b) after any maintenance and repair, SDOT will restore the Area, at SDOT's expense, to at least the condition existing immediately prior to such maintenance and repair; and (c) SDOT shall not use any property outside of the Area without the prior written approval of SPU.

Section 4. The City accepts the Maintenance Easement granted by SSD to the City of Seattle for bridge maintenance over the property legally described in and recorded under King County Recording No. 20140605000635, dated June 5, 2014, and attached as Attachment 3.

Section 5. The real property interest conveyed by the easement described in Section 4 above is placed under SDOT's jurisdiction.

Section 6. The Director of Seattle Public Utilities, or his designee, is authorized to execute the Memorandum of Agreement with SSD, in the form attached hereto as Attachment 4, which grants site access for monitoring and maintenance for up to five years, defines respective maintenance obligations for SPU and SSD, and agrees to compensate SSD for loss of buildable land due to creek realignment and changes to riparian buffer zones.

Section 7. Any act consistent with the authority and prior to the effective date of this ordinance is ratified and confirmed.

Section 8. 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 ________________________, 2014, and signed by me in open session in authentication of its passage this

_____ day of ___________________, 2014.

_________________________________

President __________of the City Council

Approved by me this ____ day of _____________________, 2014.

_________________________________

Edward B. Murray, Mayor

Filed by me this ____ day of __________________________, 2014.

____________________________________

Monica Martinez Simmons, City Clerk

(Seal)

Attachment 1 -Relinquishment of Easement

Attachment 2 -legal Description for Partial Transfer of Jurisdiction from SPU to SDOT

Attachment 3 -Permanent Bridge Maintenance Easement -Seattle School District property

Attachment 4 -Memorandum of Agreement with Seattle School District

Betsy Lyons SPU Thornton Easement ORD July 7, 2014 Version #1

Attachment 1: Relinquishment of Easement

Recording Requested By And

When Recorded Mail To:

Seattle Public Utilities

Facilities and Real Property Services

PO Box 34018

Seattle WA 98124-4018

RELINQUISHMENT OF EASEMENT

Reference #s of Documents Released or Assigned: 6374599

Grantor: City of Seattle

Grantee: Cecil L & Ruth Neisinger

Legal Description (abbreviated): Pt of Parcel A, City of Seattle Short Subdiv. 8701076, Rec. 8706120917, King County

Assessor's Tax Parcel ID#: Pt of 272604-9058

RW 1246-017

On this _____ day of ________________, 2014, THE CITY OF SEATTLE, a municipal corporation of the State of Washington, ("City"), for and in consideration of mutual and offsetting benefits, receipt of which is hereby acknowledged, does hereby relinquish to Cecil L & Ruth Neisinger, husband and wife, all right, title and interest in that easement for a storm drain and appurtenances, dated May 24, 1968, recorded under King County Auditor's Number 6374599 and described as follows:

The east 30 feet of the west 60 feet of the north 15 feet of the south 125 feet of the west one-half of the northwest one-quarter of the southwest one-quarter of the southwest one-quarter of Section 27, Township 26 North, Range 4 East, Ws.M., in King County, Washington.

IN WITNESS THEREOF, Grantor executes this document through its Director of Seattle Public Utilities as authorized by Ordinance _____________, this ____ day of __________, 2014.

THE CITY OF SEATTLE

By: _________________________________

Ray Hoffman, Seattle Public Utilities

STATE OF ____________________)

)ss.

COUNTY OF ____________________)

I certify that I know or have satisfactory evidence that Ray Hoffman is the person who appeared before me, and signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as the Director of Seattle Public Utilities, of The City of Seattle, a municipal corporation of the State of Washington, to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument.

IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year above first written.

______________________________________

NAME

(Print) _________________________________

NOTARY PUBLIC in and for the State of ___________________________________ ___

Residing at ___________________________.

My appointment expires __________________ .

((SEAL))

Betsy Lyons SPU Thornton Easement ORD ATT 1 July 1, 2014 Version #1

Attachment 2: Legal Description for Partial transfer of Jurisdiction from SPU to SDOT

AREA A -BRDIGE FOOTINGS

PARCEL 272604-9064

THAT PORTION OF THE NORTH 130 FEET OF THE S 255 FEET OF THE W HALF OF THE NW QUARTER OF THE SW QUARTER OF THE SW QUARTER OF SECTION 27, TOWNSHIP 26 NORTH, RANGE 4 EAST W.M., SITUATE IN THE CITY OF SEATTLE, KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS:

COMMENCING AT A MONUMENT IN A CASE AT THE INTERSECTION OF THE CENTERLINE OF NE 110th STREET WITH THE CENTERLINE OF 35th AVENUE NE; THENCE S 02 degrees 17' 45" W ALONG THE CENTERLINE OF 35th AVENUE NE A DISTANCE OF 441.84 FEET TO A POINT FROM WHICH A MONUMENT IN A CASE BEARS S 02 degrees 17' 45" W 212.53 FEET DISTANT;

THENCE S 87 degrees 42' 15" E, PERPENDICULAR TO THE CENTERLINE OF 35th AVENUE NE, A DISTANCE OF 30.00 FEET TO THE EASTERLY RIGHT OF WAY MARGIN OF SAID STREET AND THE POINT OF BEGINNING;

THENCE S 87 degrees 42' 15" E A DISTANCE OF 1.00 FEET;

THENCE S 02 degrees 17' 45" W A DISTANCE OF 66.15 FEET;

THENCE N 87 degrees 42' 15" W A DISTANCE OF 1.00 FEET TO THE EASTERLY RIGHT OF WAY MARGIN OF 35th AVENUE NE;

THENCE N 02 degrees 17' 45" E ALONG SAID RIGHT OF WAY MARGIN A DISTANCE OF 66.15 FEET TO THE POINT OF BEGINNING.

CONTAINING 66.1 SQUARE FEET, MORE OR LESS.

AREA B -BRIDGE MAINTENANCE

PARCEL 272604-9064

THAT PORTION OF THE NORTH 130 FEET OF THE S 255 FEET OF THE W HALF OF THE NW QUARTER OF THE SW QUARTER OF THE SW QUARTER OF SECTION 27, TOWNSHIP 26 NORTH, RANGE 4 EAST W.M., SITUATE IN THE CITY OF SEATTLE, KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS:

COMMENCING AT A MONUMENT IN A CASE AT THE INTERSECTION OF THE CENTERLINE OF NE 110th STREET WITH THE CENTERLINE OF 35th AVENUE NE; THENCE S 02 degrees 17' 45" W ALONG THE CENTERLINE OF 35th AVENUE NE A DISTANCE OF 433.06 FEET TO A POINT FROM WHICH A MONUMENT IN A CASE BEARS S 02 degrees 17' 45" W 221.31 FEET DISTANT;

THENCE S 87 degrees 42' 15" E, PERPENDICULAR TO THE CENTERLINE OF 35th AVENUE NE, A DISTANCE OF 30.00 FEET TO THE EASTERLY RIGHT OF WAY MARGIN OF SAID STREET AND THE POINT OF BEGINNING;

THENCE S 87 degrees 42' 15" E A DISTANCE OF 9.00 FEET;

THENCE S 02 degrees 17' 45" W A DISTANCE OF 83.57 FEET;

THENCE N 87 degrees 42' 15" W A DISTANCE OF 9.00 FEET TO THE EASTERLY RIGHT OF WAY MARGIN OF 35th AVENUE NE;

THENCE N 02 degrees 17' 45" E ALONG SAID RIGHT OF WAY MARGIN A DISTANCE OF 83.57 FEET TO THE POINT OF BEGINNING.

CONTAINING 752.1 SQUARE FEET, MORE OR LESS.

Betsy Lyons SPU Thornton Easement ORD ATT 2 July 1, 2014 Version #1

Attachment 4 -Memorandum of Agreement with Seattle School District