Record No: CB 118901    Version: 1 Council Bill No: CB 118901
Type: Ordinance (Ord) Status: Passed
Current Controlling Legislative Body City Clerk
On agenda: 1/30/2017
Ordinance No: Ord 125255
Title: AN ORDINANCE relating to the City Light Department; accepting statutory warranty deeds to the Swan property in King County, Washington, the Bettys Family Trust, Bettys Trust, Crossman, Farm and Fowl, LLC, Frol, James, Jones, Learned's Little Houses, LLC, Nelson, Trowbridge, and Weatherburn properties in Skagit County, Washington, and the Watkins et al. property in Snohomish County, Washington; accepting a quit claim deed to Skagit Land Trust properties in Skagit County, for salmonid habitat protection purposes; declaring certain real property rights surplus and no longer required for providing public utility service or other municipal purposes; ratifying the grants of Deeds of Right to the State of Washington on the Bettys Family Trust, Bettys Trust, Crossman, Frol, Jones, Nelson, and Watkins et al. properties for salmon recovery and conservation purposes; placing said lands under the jurisdiction of the City Light Department; and ratifying and confirming certain prior acts.
Sponsors: Kshama Sawant
Attachments: 1. Att A - Statutory Warranty Deed Robert Jay Swan, Bryan Marsh Bell, and Christine T. Wood, 2. Att B - Statutory Warranty Deed Bettys Family Trust, Grantor, 3. Att C - Deed of Right to Use Parcel 44887, Skagit County, 4. Att D - Statutory Warranty Deed Bettys Trust, Grantor, 5. Att E - Deed of Right to Use Parcels 44877 and 44886, Skagit County, 6. Att F - Statutory Warranty Deed Clair A. Crossman, Grantor, 7. Att G - Deed of Right to Use Parcel 18977, Skagit County, 8. Att H - Statutory Warranty Deed Farm and Fowl, LLC, Grantor, 9. Att I - Statutory Warranty Deed Phyllis A. Frol, Dolores L. Tokin, formerly Dolores L. Kump, and Steven C. Frol, 10. Att J - Deed of Right to Use Parcel 18979, Skagit County, 11. Att K - Statutory Warranty Deed Jonathan L. James and Natasha R. James, Grantors, 12. Att L - Statutory Warranty Deed Karene W. Jones, Grantor, 13. Att M - Deed of Right to Use Parcel 44885, Skagit County, 14. Att N - Statutory Warranty Deed Learned’s Little Houses, LLC, Grantor, 15. Att O - Statutory Warranty Deed L. Ward Nelson and Cathryn J. Nelson, Grantors, 16. Att P - Deed of Right to Use Parcel 18976, Skagit County, 17. Att Q - Quit Claim Deed Skagit Land Trust, Grantor, 18. Att R - Statutory Warranty Deed David B. Trowbridge and Michelle Trowbridge, 19. Att S - Statutory Warranty Deed Michael Weatherburn and M. Louise Weatherburn, 20. Att T - Statutory Warranty Deed Marilyn P. Watkins, Jannie Spain, formerly Jannie Ulberg, James Ajemian, and Nancy Sherman, 21. Att U - Deed of Right to Use Parcels 320925-001-001-00 and 320925-001-002-00
Supporting documents: 1. Summary and Fiscal Note, 2. Summary Att A - SCL Endangered Species Act Lands Deep Acceptance Skagit, 3. Summary Att B - SCL Endangered Species Act Lands Deep Acceptance Tolt, 4. SCL Habitat Land Acquisitions Presentation, 5. Signed Ord 125255, 6. Affidavit of Publication

CITY OF SEATTLE

ORDINANCE __________________

COUNCIL BILL __________________

title

AN ORDINANCE relating to the City Light Department; accepting statutory warranty deeds to the Swan property in King County, Washington, the Bettys Family Trust, Bettys Trust, Crossman, Farm and Fowl, LLC, Frol, James, Jones, Learned’s Little Houses, LLC, Nelson, Trowbridge, and Weatherburn properties in Skagit County, Washington, and the Watkins et al. property in Snohomish County, Washington; accepting a quit claim deed to Skagit Land Trust properties in Skagit County, for salmonid habitat protection purposes; declaring certain real property rights surplus and no longer required for providing public utility service or other municipal purposes; ratifying the grants of Deeds of Right to the State of Washington on the Bettys Family Trust, Bettys Trust, Crossman, Frol, Jones, Nelson, and Watkins et al. properties for salmon recovery and conservation purposes; placing said lands under the jurisdiction of the City Light Department; and ratifying and confirming certain prior acts.

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WHEREAS, Ordinance 121114 authorized the Superintendent of Seattle City Light, within and subject to appropriation authority and based on appraised market value, to negotiate for and purchase parcels of land in the Skagit River and the Tolt/Snoqualmie River watersheds in furtherance of the City’s Early Action Program, which was approved by Resolution 29905; and

WHEREAS, under authority of Ordinance 121114, the City Light Department (“City Light”) acquired the properties in the Bettys Family Trust, Bettys Trust, Crossman, Farm and Fowl, LLC, Frol, James, Jones, Learned, Nelson, Skagit Land Trust, Trowbridge, and Weatherburn properties in the Skagit River watershed and the Swan property in the Tolt watershed; and

WHEREAS, RCW 35.94.040 requires a public hearing before lands and real property interests originally purchased by a city for utility purposes can be conveyed; and

WHEREAS, City Light’s purchase of the Watkins et al. property in the Skagit River watershed was counted as match towards the Salmon Recovery Funding Board (SRFB) grants to the City used for habitat property purchases under the Early Action Program in 2015; and

WHEREAS, the SRFB grants require City Light to convey Deeds of Right to the State of Washington, which include conditions for purposes of salmon recovery and conservation under which properties purchased with grant funds may be used or sold; however, the conditions contained in the Deeds of Right are consistent with the purpose of the City’s Early Action Program; NOW, THEREFORE,

BE IT ORDAINED BY THE CITY OF SEATTLE AS FOLLOWS:

Section 1. The Statutory Warranty Deed executed by Robert Jay Swan, Bryan Marsh Bell, and Christine T. Wood as Successor Trustee of the Talbot Family Exemption Trust on December 14 and 15, 2015, as Grantors, recorded under King County Auditor’s File Number 20151231000549, a copy of which is included as Attachment A to this ordinance, conveying approximately 154 acres located along Stossel Creek, a part of the Tolt River, to The City of Seattle, is hereby accepted; and the real property conveyed therein is placed under the jurisdiction of the City Light Department.

Section 2. The Statutory Warranty Deed executed by Bettys Family Trust, Keith W. Bettys and Lila Bettys Co-Trustees on January 2, 2015, as Grantor, recorded under Skagit County Auditor’s File Number 201501090044, a copy of which is included as Attachment B to this ordinance, conveying approximately 0.73 acres located along the Skagit River to The City of Seattle, is hereby accepted; and the real property conveyed therein is placed under the jurisdiction of the City Light Department, and pursuant to RCW 35.94.040 and after public hearing, the Deed of Right for said property executed by the City on December 24, 2014, as Grantor, and the State of Washington as Grantee, recorded under Skagit County Auditor’s File Number 201501090045, a copy of which is included as Attachment C to this ordinance, is hereby ratified in fulfillment of Salmon Recovery Funding Board (SRFB) Grant, Project Number 11-1536A.

Section 3. The Statutory Warranty Deed executed by Bettys Trust, Ralph E. Bettys Trustee on December 31, 2014, as Grantor, recorded under Skagit County Auditor’s File Number 201501090042, a copy of which is included as Attachment D to this ordinance, conveying approximately 1.28 acres located along the Skagit River to The City of Seattle, is hereby accepted; and the real property conveyed therein is placed under the jurisdiction of the City Light Department, and pursuant to RCW 35.94.040 and after public hearing, the Deed of Right for said property executed by the City Light Department on December 24, 2014, as Grantor, and State of Washington as Grantee, recorded under Skagit County Auditor’s File Number 201501090043, a copy of which is included as Attachment E to this ordinance, is hereby ratified in fulfillment of SRFB Grant, Project Number 11-1536A.

Section 4. The Statutory Warranty Deed executed by Clair A. Crossman on September 23, 2015, as Grantor, recorded under Skagit County Auditor’s File Number 201509230062, a copy of which is included as Attachment F to this ordinance, conveying approximately 5.09 acres located along the Suiattle River to The City of Seattle, is hereby accepted; and the real property conveyed therein is placed under the jurisdiction of the City Light Department, and pursuant to RCW 35.94.040 and after public hearing, the Deed of Right for said property executed by the City on August 10, 2015, as Grantor, and State of Washington as Grantee, recorded under Skagit County Auditor’s File Number 201509240084, a copy of which is included as Attachment G to this ordinance, is hereby ratified in fulfillment of SRFB Grant, Project Number 11-1536A.

Section 5. The Statutory Warranty Deed executed by Farm and Fowl, LLC, by Larry Jensen, Authorized Agent on July 2, 2015, as Grantor, recorded under Skagit County Auditor’s File Number 201507020137, a copy of which is included as Attachment H to this ordinance, conveying approximately 41 acres located along Day Creek Slough, a part of the Skagit River, to The City of Seattle, is hereby accepted; and the real property conveyed therein is placed under the jurisdiction of the City Light Department.

Section 6. The Statutory Warranty Deed executed by Phyllis A. Frol, Dolores L. Tokin, formerly Dolores L. Kump, and Steven C. Frol, as Trustee of the Cyril M. Frol Testamentary Trust, being all partners of the River West Partnership on December 1, 2015, as Grantors, recorded under Skagit County Auditor’s File Number 201512040137, a copy of which is included as Attachment I to this ordinance, conveying approximately 5.5 acres located along the Suiattle River to The City of Seattle, is hereby accepted; and the real property conveyed therein is placed under the jurisdiction of the City Light Department, and pursuant to RCW 35.94.040 and after public hearing, the Deed of Right for said property executed by the City on November 12, 2015, as Grantor and State of Washington as Grantee, recorded under Skagit County Auditor’s File Number 201512040138, a copy of which is included as Attachment J to this ordinance, is hereby ratified in fulfillment of SRFB Grant, Project Number 11-1536A.

Section 7. The Statutory Warranty Deed executed by Jonathan L. James and Natasha R. James on December 23, 2014, as Grantors, recorded under Skagit County Auditor’s File Number 201501020008, a copy of which is included as Attachment K to this ordinance, conveying approximately 1.09 acres located along the Sauk River to The City of Seattle, is hereby accepted; and the real property conveyed therein is placed under the jurisdiction of the City Light Department.

Section 8. The Statutory Warranty Deed executed by Karene W. Jones on December 30, 2014, as Grantor, recorded under Skagit County Auditor’s File Number 201501090046, a copy of which is included as Attachment L to this ordinance, conveying approximately 0.73 acres located along the Skagit River to The City of Seattle, is hereby accepted; and the real property conveyed therein is placed under the jurisdiction of the City Light Department, and pursuant to RCW 35.94.040 and after public hearing, the Deed of Right for said property executed by the City on December 24, 2014, as Grantor and State of Washington as Grantee, recorded under Skagit County Auditor’s File Number 201501090047, a copy of which is included as Attachment M to this ordinance, is hereby ratified in fulfillment of SRFB Grant, Project Number 11-1536A.

Section 9. The Statutory Warranty Deed executed by Learned’s Little Houses, LLC, Clay Learned, Managing Member, and Virginia Learned, Member on January 21, 2015, as Grantor, recorded under Skagit County Auditor’s File Number 201502020112, a copy of which is included as Attachment N to this ordinance, conveying approximately 0.51 acres located along the Skagit River to The City of Seattle, is hereby accepted; and the real property conveyed therein is placed under the jurisdiction of the City Light Department.

Section 10. The Statutory Warranty Deed executed by L. Ward Nelson and Cathryn J. Nelson on September 22, 2015, as Grantors, recorded under Skagit County Auditor’s File Number 201509230061, a copy of which is included as Attachment O to this ordinance, conveying approximately 7.65 acres located along the Suiattle River to The City of Seattle, is hereby accepted; and the real property conveyed therein is placed under the jurisdiction of the City Light Department, and pursuant to RCW 35.94.040 and after public hearing, the Deed of Right for said property executed by the City on August 10, 2015, as Grantor and State of Washington as Grantee, recorded under Skagit County Auditor’s File Number 201509240085, a copy of which is included as Attachment P to this ordinance, is hereby ratified in fulfillment of SRFB Grant, Project Number 11-1536A.

Section 11. The Quit Claim Deed executed by Skagit Land Trust, by Brenda Cunningham as President, on March 4, 2015, as Grantor, recorded under Skagit County Auditor’s File Number 201503260087, a copy of which is included as Attachment Q to this ordinance, conveying approximately 1.8 acres located along the Skagit River to The City of Seattle, is hereby accepted; and the real property conveyed therein is placed under the jurisdiction of the City Light Department.

Section 12. The Statutory Warranty Deed executed by David B. Trowbridge and Michelle Trowbridge on December 23, 2015, as Grantor, recorded under Skagit County Auditor’s File Number 201512310021, a copy of which is included as Attachment R to this ordinance, conveying approximately 0.47 acres located along the Skagit River to The City of Seattle, is hereby accepted; and the real property conveyed therein is placed under the jurisdiction of the City Light Department.

Section 13. The Statutory Warranty Deed executed by Michael Weatherburn and M. Louise Weatherburn on September 25, 2015, as Grantor, recorded under Skagit County Auditor’s File Number 201509250120, a copy of which is included as Attachment S to this ordinance, conveying approximately 0.48 acres located along the Skagit River to The City of Seattle, is hereby accepted; and the real property conveyed therein is placed under the jurisdiction of the City Light Department.

Section 14. The Statutory Warranty Deed executed by Marilyn P. Watkins, Jannie Spain, formerly Jannie Ulberg, James Ajemian, and Nancy Sherman, formerly Nancy Ajemian, Trustee under the Nancy Ajemian Trust on December 28, 2015, as Grantors, recorded under Snohomish County Auditor’s File Number 201512300470, a copy of which is included as Attachment T to this ordinance, conveying approximately 27.55 acres located along the Sauk River to The City of Seattle, is hereby accepted; and the real property conveyed therein is placed under the jurisdiction of the City Light Department, and pursuant to RCW 35.94.040 and after public hearing, the Deed of Right executed for said property by the City on December 8, 2015, as Grantor and State of Washington as Grantee, recorded under Snohomish County Auditor’s File Number 201601220334, a copy of which is included as Attachment U to this ordinance, is hereby ratified in fulfillment of SRFB Grant, Project Number 13-1576A.

Section 15. Any act pursuant to the authority and prior to the effective date of this ordinance is hereby ratified and confirmed.

 

Section 16. 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 _________________________, 2017, and signed by me in open session in authentication of its passage this _____ day of _________________________, 2017.

____________________________________

President ____________ of the City Council

Approved by me this ________ day of _________________________, 2017.

____________________________________

Edward B. Murray, Mayor

Filed by me this ________ day of _________________________, 2017.

____________________________________

Monica Martinez Simmons, City Clerk

(Seal)

 

 

 

Attachments:

Attachment A - Statutory Warranty Deed: Robert Jay Swan, Bryan Marsh Bell, and Christine T. Wood

Attachment B - Statutory Warranty Deed: Bettys Family Trust, Grantor

Attachment C - Deed of Right to Use Parcel 44887, Skagit County

Attachment D - Statutory Warranty Deed: Bettys Trust, Grantor

Attachment E - Deed of Right to Use Parcels 44877 and 44886, Skagit County

Attachment F - Statutory Warranty Deed: Clair A. Crossman, Grantor

Attachment G - Deed of Right to Use Parcel 18977, Skagit County

Attachment H - Statutory Warranty Deed: Farm and Fowl, LLC, Grantor

Attachment I - Statutory Warranty Deed: Phyllis A. Frol, Dolores L. Tokin, formerly Dolores L. Kump, and Steven C. Frol

Attachment J - Deed of Right to Use Parcel 18979, Skagit County

Attachment K - Statutory Warranty Deed: Jonathan L. James and Natasha R. James, Grantors

Attachment L - Statutory Warranty Deed: Karene W. Jones, Grantor

Attachment M - Deed of Right to Use Parcel 44885, Skagit County

Attachment N - Statutory Warranty Deed: Learned’s Little Houses, LLC, Grantor

Attachment O - Statutory Warranty Deed: L. Ward Nelson and Cathryn J. Nelson, Grantors

Attachment P - Deed of Right to Use Parcel 18976, Skagit County

Attachment Q - Quit Claim Deed: Skagit Land Trust, Grantor

Attachment R - Statutory Warranty Deed: David B. Trowbridge and Michelle Trowbridge

Attachment S - Statutory Warranty Deed: Michael Weatherburn and M. Louise Weatherburn

Attachment T - Statutory Warranty Deed: Marilyn P. Watkins, Jannie Spain, formerly Jannie Ulberg, James Ajemian, and Nancy Sherman

Attachment U - Deed of Right to Use Parcels 320925-001-001-00 and 320925-001-002-00