CITY OF SEATTLE
ORDINANCE __________________
COUNCIL BILL __________________
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AN ORDINANCE granting a utility easement of surface and subsurface rights to King County, through its Department of Natural Resources and Parks, Wastewater Treatment Division (“King County”), to maintain an underground overflow pipeline and channel for the King County-owned reservoir within Discovery Park, which serves the regional wastewater facility, to meet federal guidelines for a potable water supply separation in the event of an emergency shutdown and backup of the incoming water supply.
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WHEREAS, King County owns and operates the West Point Treatment Plant wastewater facility, located west of and adjacent to Discovery Park at the toe of a bluff on a parcel owned by King County; and
WHEREAS, King County owns and maintains a water supply reservoir, which is located within an easement area, King County Recording No. 6165044; and
WHEREAS, the reservoir easement was granted by the U.S. Government, through the Department of the Army, to King County, known at that time as the “Municipality of Metropolitan Seattle,” for 99 years from December 21, 1962, the date of easement signature for the operation and maintenance of the water supply for the treatment plant and several park facilities; and
WHEREAS, under Seattle Public Utilities and state guidelines, an aboveground air gap and adequate overflow drainage pipeline are required for potable water separation in the event that inflowing water is prevented from continuing to the West Point Treatment Plant due to emergency plant shutdown; and
WHEREAS, King County will upgrade the reservoir and ancillary components to accommodate the required air gap, reservoir operation, and future maintenance needs; and
WHEREAS, King County held a public information meeting on February 23, 2019, from 10:00 a.m. to 12:00 p.m. at the Discovery Park Environmental Learning Center, informing the public of the reasons for, design of, and placement of the pipeline, necessary tree removal, and restoration of the property, which was attended by approximately 20 members of the public; and
WHEREAS, the overflow channel will be located completely underground along its alignment, with a diffuser that daylights at its terminus, which will be landscaped to blend in with the park’s natural landscaping; it will be required that King County designs, installs, and maintains vegetation within the pipeline easement area and diffuser under the guidance and specification of the Department of Parks and Recreation and until the newly installed planting has been established as determined by Parks and Recreation; and
WHEREAS, constructing a pipeline to contain the overflow channel is necessary for the continual operation and maintenance of King County’s existing reservoir and water supply system, which serves the West Point Treatment Plant wastewater facility; NOW, THEREFORE,
BE IT ORDAINED BY THE CITY OF SEATTLE AS FOLLOWS:
Section 1. The Superintendent of Parks and Recreation (“Superintendent”), or the Superintendent’s designee, is authorized on behalf of The City of Seattle (“City”) to execute a utility easement in favor of King County through its Department of Natural Resources and Parks, Wastewater Treatment Division (“County”), substantially in the form of Attachment 1 to this ordinance (the “Utility Easement”). The Utility Easement will grant the County permanent subsurface utility use rights as well as limited surface rights, to install, construct, own, operate, and maintain an underground pipeline and channel.
Section 2. The City Council finds that granting the County a subterranean easement under portions of Discovery Park, as authorized in Section 1 of this ordinance, is consistent with the requirements of Ordinance 118477, adopting Initiative 42 (Attachment 2). To the extent granting the easement is inconsistent, the requirements of Ordinance 118477 are superseded.
Section 3. In exchange for granting the County the easement rights designated in the Utility Easement, the Superintendent shall accept $156,000 as consideration from the County, constituting the appraised value of the easement as of December 4, 2018, as well as park improvements and other consideration set out in the Utility Easement.
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 10 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.
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President ____________ of the City Council
Approved by me this ________ day of _________________________, 2019.
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Jenny A. Durkan, Mayor
Filed by me this ________ day of _________________________, 2019.
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Monica Martinez Simmons, City Clerk
(Seal)
Attachments:
Attachment 1 - Utility Easement
Attachment 2 - Ordinance 118477