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Record No: CB 118773    Version: 1 Council Bill No: CB 118773
Type: Ordinance (Ord) Status: Passed
Current Controlling Legislative Body City Clerk
Final Action: 9/29/2016
Ordinance No: Ord 125139
Title: AN ORDINANCE relating to Seattle Public Utilities; authorizing the Director of Seattle Public Utilities to accept on behalf of The City of Seattle the transfer of approximately 155 acres of forest land in the North Fork Tolt River Watershed from Forterra and to acquire approximately 100 acres of forest land located adjacent to the Forterra property and the South Fork Tolt Municipal Watershed owned by the City.
Sponsors: Lisa Herbold
Attachments: 1. Att 2 – Notice and Agreement, 2. Att 3 – Vicinity Map, 3. Att 4 – Campbell Global Property Description
Supporting documents: 1. Att 1 – Titicaed Creek Tract Property Description, 2. Summary and Fiscal Note, 3. Presentation, 4. Central Staff Memo, 5. Signed Ord 125139, 6. Affidavit of Publication

CITY OF SEATTLE

ORDINANCE __________________

COUNCIL BILL __________________

title

AN ORDINANCE relating to Seattle Public Utilities; authorizing the Director of Seattle Public Utilities to accept on behalf of The City of Seattle the transfer of approximately 155 acres of forest land in the North Fork Tolt River Watershed from Forterra and to acquire approximately 100 acres of forest land located adjacent to the Forterra property and the South Fork Tolt Municipal Watershed owned by the City.

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WHEREAS, Forterra (formerly Cascade Land Conservancy) was awarded a Federal Cooperative Endangered Species Conservation Fund grant to acquire certain real property located in King County, Washington, in the North Fork Tolt River Watershed (the “Property”); and

WHEREAS, Seattle Public Utilities and Forterra determined Seattle Public Utilities is a more appropriate long-term owner of the Property because it owns lands in the North and South Fork Tolt Watersheds and manages these lands for conservation and protection of its drinking water supply; and

WHEREAS, following Forterra’s acquisition of the Property, Forterra will transfer the Property to Seattle Public Utilities; and

WHEREAS, a conservation easement granted by Forterra to the Washington State Department of Natural Resources will be the mechanism to protect the Property’s conservation values in perpetuity; and

WHEREAS, Seattle Public Utilities determined that accepting the transfer of and managing the Property according to the conservation easement is consistent with its utility purpose and will not require a commitment of additional financial resources; and

WHEREAS, Seattle Public Utilities would benefit from contiguous ownership of the Property by acquiring 100 acres of forest land separating the Property from the South Fork Tolt Municipal Watershed; NOW, THEREFORE,

BE IT ORDAINED BY THE CITY OF SEATTLE AS FOLLOWS:

Section 1. The Director of Seattle Public Utilities is authorized to enter into the Notice and Agreement to Transfer Property Interests under the Cooperative Endangered Species Conservation Fund Pursuant to Federal Grant Agreement E-45-HL-2 with Forterra, substantially in the form of Attachment 2 to this ordinance; to accept on behalf of The City of Seattle a deed to approximately 155 acres of forest land in the North Fork Tolt Watershed (the “Property”), more particularly described in Attachment 1 to this ordinance and depicted in Attachment 3 to this ordinance, from Forterra; and to execute such other documents as may be necessary to effectuate the transfer of the Property to The City of Seattle.

Section 2. The Director of Seattle Public Utilities, or the Director’s designee, is further authorized to purchase, at fair market value, approximately 100 acres of real property, legally described in Attachment 4 to this ordinance and depicted in Attachment 3 to this ordinance, from Campbell Global, a Washington corporation, and to execute any necessary documents, accept or deliver any necessary deeds, or take any other actions reasonably necessary to effectuate this ordinance.

Section 3. Both properties acquired pursuant to this ordinance shall be placed under the jurisdiction of Seattle Public Utilities.

 

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 ________________________, 2016,
and signed by me in open session in authentication of its passage this _____ day of ___________________, 2016.

 

                                                                                                         ____________________________________

                                                                                                         President __________ of the City Council

 

                     Approved by me this ____ day of _____________________, 2016.

 

____________________________________

                                                                                                         Edward B. Murray, Mayor

 

                     Filed by me this ____ day of __________________________, 2016.

 

____________________________________

                                                                                                         Monica Martinez Simmons, City Clerk

(Seal)

 

Attachments:

Attachment 1: Titicaed Creek Tract Property Description

Attachment 2: Notice and Agreement

Attachment 3: Vicinity Map

Attachment 4: Campbell Global Property Description