Record No: CB 120008    Version: 1 Council Bill No: CB 120008
Type: Ordinance (Ord) Status: Passed
Current Controlling Legislative Body City Clerk
On agenda: 3/22/2021
Ordinance No: Ord 126296
Title: AN ORDINANCE relating to the City Light Department; authorizing the General Manager and Chief Executive Officer to release a portion of an existing transmission corridor easement to the City of Kirkland; and accepting the payment of fair market value for the partial release of easement.
Sponsors: Alex Pedersen
Attachments: 1. Att 1 – Partial Release of Easement
Supporting documents: 1. Summary and Fiscal Note, 2. Summary Att 1 – Depiction of Easement Area to Be Released to City of Kirkland, 3. Presentation, 4. Signed Ordinance 126296, 5. Affidavit of Publication

CITY OF SEATTLE

ORDINANCE __________________

COUNCIL BILL __________________

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AN ORDINANCE relating to the City Light Department; authorizing the General Manager and Chief Executive Officer to release a portion of an existing transmission corridor easement to the City of Kirkland; and accepting the payment of fair market value for the partial release of easement.

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WHEREAS, the City Light Department of The City of Seattle (“City Light”) operates a public power system for The City of Seattle and surrounding communities, including a transmission corridor through the City of Kirkland (“Kirkland”); and

WHEREAS, City Light owns easement rights for an electric transmission corridor through a portion of Kirkland, which is a portion of City Light’s larger electric transmission and distribution corridors; and

WHEREAS, City Light acquired an easement from William and Mary Ormsby on June 24, 1927, for the construction, operation, and maintenance of an electric transmission system consisting of three towers and the necessary wires, anchors, guys, and other appurtenances over, across, and through certain properties in what is now present-day Kirkland; and

WHEREAS, Kirkland owns the property located at 12307 NE Totem Lake Way, Kirkland, WA 98034, King County parcel number 866327-0060; and

WHEREAS, Kirkland operates and maintains the Cross Kirkland Corridor (“CKC”) interim 5.75-mile crushed gravel trail that runs from the South Kirkland Park & Ride through the Totem Lake Business District; and

WHEREAS, Kirkland plans to construct the Totem Lake Connector (“TLC”) bicycle and pedestrian bridge, which will connect the two ends of the 5.75-mile CKC currently severed by one of Kirkland’s most complicated intersections: Totem Lake Boulevard and Northeast 124th Street; and

WHEREAS, the TLC is one of a half-dozen public infrastructure projects that prepares Kirkland’s only urban center for regional connectivity for community members and makes possible an alternative transportation corridor that will extend from Renton to Woodinville; and

WHEREAS, City Light’s easement interests in the surface of the property are not necessary for continued operation and maintenance of the City Light facilities; and

WHEREAS, Kirkland wishes to purchase the necessary rights from City Light and City Light wishes to release the necessary rights to Kirkland while retaining the aerial easement interest, in perpetuity, for City Light transmission and distribution lines for operation, maintenance, and access to its electric transmission and distribution lines for the sum of $19,500, which represents the fair market value of the property to be released; NOW, THEREFORE,

BE IT ORDAINED BY THE CITY OF SEATTLE AS FOLLOWS:

Section 1. This real property transaction is exempt from the provisions of Seattle City Council Resolution 31424 regarding disposition of City Light surplus properties.

Section 2. Pursuant to the provisions of RCW 35.94.040 and after a public hearing, certain portions of the City Light easement are no longer needed for The City of Seattle’s utility purposes and are declared surplus to City needs.

Section 3. The General Manager and Chief Executive Officer of the City Light Department, or the General Manager and Chief Executive Officer’s designee, is authorized to enter into the necessary agreements with the City of Kirkland (“Kirkland”) for the partial release of the easement in substantially the form as attached hereto as Attachment 1 to this ordinance.

Section 4. The General Manager and Chief Executive Officer of the City Light Department, or the General Manager and Chief Executive Officer’s designee, is authorized to execute the Partial Release of Easement, which is in Attachment 1 to this ordinance, releasing certain portions of the City Light easement to Kirkland and reserving the overhead easement rights for City Light’s electric transmission and distribution lines, and to record the Partial Release of Easement with the King County Recorder.

Section 5. The General Manager and Chief Executive Officer of the City Light Department, or the General Manager and Chief Executive Officer’s designee, is authorized to accept payment of $19,500 for the partial release of easement and deposit the payment into the City Light Fund.

 

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 _________________________, 2021, and signed by me in open session in authentication of its passage this _____ day of _________________, 2021.

____________________________________

President ____________ of the City Council

                                                                                                                              Approved /         returned unsigned /        vetoed

this ________ day of _________________, 2021.

                                                                                                         ____________________________________

Jenny A. Durkan, Mayor

Filed by me this ________ day of _________________, 2021.

____________________________________

Monica Martinez Simmons, City Clerk

(Seal)

Attachments:

Attachment 1 - Partial Release of Easement