CITY OF SEATTLE
ORDINANCE __________________
COUNCIL BILL __________________
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AN ORDINANCE relating to Seattle Public Utilities; declaring certain real property rights relating to sewer and storm drain easements within Seattle as being surplus to City utility needs; authorizing the General Manager/CEO of Seattle Public Utilities to relinquish such easement rights and to accept new easements; placing the real property rights and interests conveyed by the easements under the jurisdiction of Seattle Public Utilities; and ratifying and confirming certain prior acts.
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WHEREAS, certain property improvements were built or have been planned to be built by various property owners and customers of Seattle Public Utilities (SPU) within the easements originally granted to The City of Seattle (“City”) for drainage and wastewater purposes; and
WHEREAS, the City, acting by and through Seattle Public Utilities (SPU), has determined that all or portions of the sewer lines, storm drain lines, and facilities may be relocated to accommodate property development; and
WHEREAS, the City has also determined the following existing drainage and wastewater facility easements are surplus to the City’s needs:
A. The sanitary sewer easement that the City accepted pursuant to Ordinance 51990; King County Recording Number 3362492; and
B. The sanitary sewer and storm drainage easements that the City accepted pursuant to Ordinance 120206; King County Recording Number 20010313001706; and
C. The sanitary sewer easement that the City accepted pursuant to Ordinance 102115; King County Recording Number 7107070611; and
WHEREAS, easements are required from customers to allow for the installation, maintenance, and operation of replacement or affected existing sanitary sewers and storm drain facilities; and
WHEREAS, SPU has determined the interests of the City, SPU, and SPU’s customers are best served by relinquishing the existing sewer and storm drain easements and accepting new easements to accommodate the relocated or affected existing sanitary sewers and storm drain facilities; 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, certain existing easements to construct, maintain and operate sewer and storm drain utilities in Seattle, as set forth and legally described in Attachment 1 to this ordinance, are hereby declared no longer required for municipal utility purposes and are surplus to The City of Seattle’s utility needs.
Section 2. The General Manager/CEO of Seattle Public Utilities, or the General Manager/CEO’s designee, is hereby authorized to execute, on behalf of The City of Seattle, the relinquishment of all easement property rights and interests set forth and legally described in Attachment 1 to this ordinance.
Section 3. The City of Seattle hereby accepts the easements granted to The City of Seattle for sanitary sewer and storm drain facilities over, under, across, and upon the real property generally described below and legally described in Attachment 2 to this ordinance.
A. Grantor: King County, a political subdivision of the State of Washington, grants and conveys a sanitary sewer easement facilities and appurtenances to The City of Seattle, Washington, as recorded under King County Recording Number 20180828000883.
B. Grantor: Broadmoor Golf Club, a Washington nonprofit corporation, grants and conveys a sanitary sewer easement facilities and appurtenances to The City of Seattle, Washington, as recorded under King County Recording Number 20180509001102.
Section 4. The real property rights and interests conveyed by the easements referenced and accepted in this ordinance shall be placed under the jurisdiction of Seattle Public Utilities.
Section 5. Any act consistent with the authority of this ordinance taken prior to its effective date is ratified and confirmed.
Section 6. 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.
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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 - Legal Descriptions of Relinquished Easements
Attachment 2 - Legal Descriptions of Acquired Easements