Record No: CB 119354    Version: 1 Council Bill No: CB 119354
Type: Ordinance (Ord) Status: Passed
Current Controlling Legislative Body City Clerk
On agenda: 1/28/2019
Ordinance No: Ord 125768
Title: AN ORDINANCE relating to the City Light Department; accepting statutory warranty deeds to the Shu property in King County, Washington, the Bratager, Glaser, Goelz and Abelson, Ross, Smith and Cummins, and Wejmar and Wiley properties in Skagit County, Washington, the Povlsen property in Snohomish County, Washington, and two treasurer's deeds for two Skagit County properties in Skagit County, all 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 Bratager, Glaser, Goelz and Abelson, and Ross properties for salmon recovery and conservation purposes; authorizing the grant of an easement for ingress and egress over the Povlsen property; placing said lands under the jurisdiction of the City Light Department; and ratifying and confirming certain prior acts.
Sponsors: Teresa Mosqueda
Attachments: 1. Att A - Shu Statutory Warranty Deed, 2. Att B - Bratager Statutory Warranty Deed, 3. Att C - Bratager Deed of Right, 4. Att D - Glaser Statutory Warranty Deed, 5. Att E - Glaser Deed of Right, 6. Att F - Goelz and Abelson Statutory Warranty Deed, 7. Att G - Goelz and Abelson Deed of Right, 8. Att H - Ross Statutory Warranty Deed, 9. Att I - Ross Deed of Right, 10. Att J - Smith and Cummins Statutory Warranty Deed, 11. Att K - Wejmar and Wiley Statutory Warranty Deed, 12. Att L - Skagit County Treasurer Deed, 13. Att M - Skagit County Treasurer Deed, 14. Att N - Povlsen Statutory Warranty Deed, 15. Att O - Little Easement Povlsen Property
Supporting documents: 1. Summary and Fiscal Note, 2. Summary Att A - SCL 2018 Endangered Species Act Lands Deed Acceptance Skagit, 3. Summary Att B - SCL 2018 Endangered Species Act Lands Deed Acceptance Tolt, 4. Presentation, 5. Signed Ordinance 125768, 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 Shu property in King County, Washington, the Bratager, Glaser, Goelz and Abelson, Ross, Smith and Cummins, and Wejmar and Wiley properties in Skagit County, Washington, the Povlsen property in Snohomish County, Washington, and two treasurer’s deeds for two Skagit County properties in Skagit County, all 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 Bratager, Glaser, Goelz and Abelson, and Ross properties for salmon recovery and conservation purposes; authorizing the grant of an easement for ingress and egress over the Povlsen property; 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 (now General Manager and Chief Executive Officer), 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 of Seattle’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 Shu property in King County, in the Tolt River watershed, and the Bratager, Glaser, Goelz and Abelson, Povlsen, Ross, Skagit County, Smith and Cummins, and Wejmar and Wiley properties in the Skagit River watershed; and

WHEREAS, City Light’s purchase of the Goelz property in the Skagit River watershed was counted as a match towards the Salmon Recovery Funding Board (SRFB) grants used for purchases under The City of Seattle’s Early Action Program in 2016; and

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

WHEREAS, the SRFB grants to The City of Seattle require City Light to convey deeds of right to the State of Washington, which includes 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 Early Action Program; and

WHEREAS, the granting of an easement for ingress and egress to an adjacent landowner was necessary to facilitate the acquisition by City Light of the Povlsen property; NOW, THEREFORE,

BE IT ORDAINED BY THE CITY OF SEATTLE AS FOLLOWS:

Section 1. The Statutory Warranty Deed executed by Wenling Shu on December 21, 2017, as Grantor, recorded under King County Auditor’s File Number 20171229001278, a copy of which is included as Attachment A to this ordinance, conveying approximately 38.5 acres located in the headwaters of Stossel Creek, part of the Tolt River watershed, 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 Brian P. Bratager on January 1, 2017, as Grantor, recorded under Skagit County Auditor’s File Number 201701230181, a copy of which is included as Attachment B to this ordinance, conveying approximately 5.6 acres located along the Suiattle River to The City of Seattle, is hereby accepted; 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 February 15, 2017, as Grantor and the State of Washington as Grantee, recorded under Skagit County Auditor’s File Number 201702210163, 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 13-1576A.

Section 3. The Statutory Warranty Deed executed by Marty Glaser and Tamera Glaser on June 26, 2017, as Grantors, recorded under Skagit County Auditor’s File Number 201706290086, a copy of which is included as Attachment D to this ordinance, conveying approximately 42.2 acres located along the Skagit River to The City of Seattle, is hereby accepted; 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 June 19, 2017, as Grantor and the State of Washington as Grantee, recorded under Skagit County Auditor’s File Number 201706290087, a copy of which is included as Attachment E to this ordinance, is hereby ratified in fulfillment of SRFB Grant, Project Number 16-1647A.

Section 4. The Statutory Warranty Deed executed by Christopher A. Goelz and Joanne S. Abelson on October 10, 2017, as Grantors, recorded under Skagit County Auditor’s File Number 201710180027, a copy of which is included as Attachment F to this ordinance, conveying approximately 15 acres located along the Skagit River to The City of Seattle, is hereby accepted; 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 14, 2017, as Grantor and the State of Washington as Grantee, recorded under Skagit County Auditor’s File Number 201712200010, a copy of which is included as Attachment G to this ordinance, is hereby ratified in fulfillment of SRFB Grant, Project Number 16-2804C.

Section 5. The Statutory Warranty Deed executed by Darren V. Ross on April 4, 2017, as Grantors, recorded under Skagit County Auditor’s File Number 201704130066, a copy of which is included as Attachment H to this ordinance, conveying approximately 5.15 acres located along the Suiattle River to The City of Seattle, is hereby accepted; 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 April 3, 2017, as Grantor and the State of Washington as Grantee, recorded under Skagit County Auditor’s File Number 201704130067, a copy of which is included as Attachment I to this ordinance, is hereby ratified in fulfillment of SRFB Grant, Project Number 13-1576A.

Section 6. The Statutory Warranty Deed executed by Sarah Lee Smith and William Eugene Cummins on December 13, 2017, as Grantors, recorded under Skagit County Auditor’s File Number 201712180079, a copy of which is included as Attachment J to this ordinance, conveying approximately 0.5 acres located near 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 7. The Statutory Warranty Deed executed by Steve Wejmar and Susan Wiley on July 27, 2017, as Grantors, recorded under Skagit County Auditor’s File Number 201707310179, a copy of which is included as Attachment K to this ordinance, conveying approximately 0.5 acres located near 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 8. The Treasurer’s Deed executed by Katie Jungquist, Skagit County Treasurer, on December 1, 2017, as Grantor, recorded under Skagit County Auditor’s File Number 201712010117, a copy of which is included as Attachment L to this ordinance, conveying approximately 0.5 acres located near 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 9. The Treasurer’s Deed executed by Katie Jungquist, Skagit County Treasurer, on December 1, 2017, as Grantor, recorded under Skagit County Auditor’s File Number 201712010121, a copy of which is included as Attachment M to this ordinance, conveying approximately 3 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 10. The Statutory Warranty Deed executed by Birgit Povlsen and Niels Povlsen on December 19, 2016, as Grantor, recorded under Snohomish County Auditor’s File Number 201701030370, a copy of which is included as Attachment N to this ordinance, conveying approximately 39 acres located along the floodplain of 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 11. Pursuant to RCW 35.94.040 and after public hearing, an easement for ingress and egress across the property identified in Section 10 of this ordinance, executed by the City Light Department on January 4, 2017, with The City of Seattle as Grantor to Troy Little and Cheryl Little as Grantees, and recorded under Snohomish County Auditor’s File Number 201703060476, a copy of which is included as Attachment O to this ordinance, is hereby authorized.

Section 12. Any act pursuant to the authority and prior to the effective date of this ordinance is hereby ratified and confirmed.

Section 13. 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 _________________________, 2019, and signed by me in open session in authentication of its passage this _____ day of _________________________, 2019.

____________________________________

President ____________ of the City Council

Approved by me this ________ day of _________________________, 2019.

____________________________________

Jenny A. Durkan, Mayor

Filed by me this ________ day of _________________________, 2019.

____________________________________

Monica Martinez Simmons, City Clerk

(Seal)

Attachments:

                     Attachment A - Shu Statutory Warranty Deed

                     Attachment B - Bratager Statutory Warranty Deed

                     Attachment C - Bratager Deed of Right

                     Attachment D - Glaser Statutory Warranty Deed

                     Attachment E - Glaser Deed of Right

                     Attachment F - Goelz and Abelson Statutory Warranty Deed

                     Attachment G - Goelz and Abelson Deed of Right

                     Attachment H - Ross Statutory Warranty Deed

                     Attachment I - Ross Deed of Right

                     Attachment J - Smith and Cummins Statutory Warranty Deed

                     Attachment K - Wejmar and Wiley Statutory Warranty Deed

                     Attachment L - Skagit County Treasurer Deed

                     Attachment M - Skagit County Treasurer Deed

                     Attachment N - Povlsen Statutory Warranty Deed

                     Attachment O - Little Easement Povlsen Property