CITY OF SEATTLE
ORDINANCE __________________
COUNCIL BILL __________________
title
AN ORDINANCE relating to Seattle Public Utilities; authorizing the acquisition of certain real property rights by negotiation or eminent domain (condemnation) of ten separate permanent easements located on parcels identified as King County Parcel Number 2487201221 located at 4500 & 4502 SW Wildwood Place, King County Parcel Number 2487201215 located at 4518 SW Wildwood Place, King County Parcel Number 2485500000 located at 9165 45th Avenue SW, King County Parcel Number 2487201365, King County Parcel Number 2488200480 located at 9144 45th Avenue SW, King County Parcel Number 3524039040 located at 9131 California Avenue SW, King County Parcel Number 2488200505, King County Parcel Number 2488200500, King County Parcel Number 2488200495, King County Parcel Number 2488200490; and authorizing the acquisition of temporary construction easements by negotiation or eminent domain (condemnation) located on eighteen separate parcels of land identified as King County Parcel Number 2487201221 located at 4502 SW Wildwood Place, King County Parcel Number 2346700000 located at 9212 45th Avenue SW, King County Parcel Number 2485500000 located at 9165 45th Avenue SW, King County Parcel Number 2487200035 located at 4402 SW Brace Point Drive, King County Parcel Number 2487200050 located at 4330 SW Brace Point Drive, King County Parcel Number 2487201210 located at 4604 SW Wildwood Place, King County Parcel Number 2487201215 located at 4518 SW Wildwood Place, King County Parcel Number 2487201365, King County Parcel Number 2488200480 located at 9144 45th Avenue SW, King County Parcel Number 3524039040 located at 9131 California Avenue SW, King County Parcel Number 2488200530, King County Parcel Number 2488200525, King County Parcel Number 2488200520, King County Parcel Number 2488200515 located at 4401 SW Director Street; King County Parcel Number 2488200505; King County Parcel Number 2488200500; King County Parcel Number 2488200495; and King County Parcel Number 2488200490; authorizing the General Manager and Chief Executive Officer of Seattle Public Utilities or designee to execute all documents and take other necessary actions to complete the Properties’ permanent easement acquisitions and temporary construction easement acquisitions; authorizing payment of all costs associated with the acquisitions; and ratifying and confirming certain prior acts.
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WHEREAS, Seattle Public Utilities (SPU) owns, maintains, and operates a system of sanitary sewerage, and storm and surface water drainage as part of its drainage and wastewater system; and
WHEREAS, the Washington State Hydraulic Code, administered by the Washington Department of Fish and Wildlife (WDFW), requires that certain types of streams, culverts, and storm drains maintained by SPU be made fish passable when repaired or replaced; and
WHEREAS, SPU owns and maintains a culvert in West Seattle conveying Fauntleroy Creek that is failing and bars fish passage; and
WHEREAS, SPU has designed the 45th Avenue SW Culvert Replacement Project (Project) to replace the culvert along Fauntleroy Creek to comply with the WDFW fish passage requirements and address current and future flooding issues; and
WHEREAS, the SPU has identified 18 contiguous parcels adjacent to Fauntleroy Creek near the intersection of 45th Avenue SW and SW Wildwood Place impacted by the Project, and determined that it needs permanent and temporary property rights from the property owners to construct and maintain the new culvert; and
WHEREAS, RCW 8.12.030, 35.67.020, and 35.92.020 authorize the City to purchase or condemn property for utility or general municipal purposes; NOW, THEREFORE,
BE IT ORDAINED BY THE CITY OF SEATTLE AS FOLLOWS:
Section 1. Public convenience and necessity require that real property interests generally shown on Attachments 1 and 2 of this ordinance, and such other property as may be necessary or convenient for the Project located in the City of Seattle, County of King, State of Washington; together with all rights, privileges, and other property interests pertaining to the real property interests, be acquired for utility and general municipal purposes through negotiations or eminent domain (condemnation).
Section 2. The General Manager and Chief Executive Officer of Seattle Public Utilities (SPU), or designee, is authorized to: determine the portions and interests of the properties shown on Attachments 1 and 2, that are necessary or convenient for the Project, and any other property interests that may be necessary or convenient for the Project; negotiate and enter into written agreements for and acquire, after paying just compensation, the real property interests that are necessary or convenient for the Project, including temporary and permanent rights, in easement form; and accept and record deeds and other written instruments on behalf of the City by attaching to the instrument the General Manager and Chief Executive Officer’s written acceptance and recording the deed or other written instrument. The acquisition costs, including purchase price and transaction costs, together with relocation benefits to the extent required by law, shall be paid from the funds appropriated, or to be appropriated, for such purposes in connection with the Project.
Section 3. The Seattle City Attorney is authorized to commence and prosecute proceedings in the manner provided by law to condemn, take, damage, and appropriate in fee simple or other property interests determined by the SPU General Manager and Chief Executive Officer, or designee, to be necessary or convenient to the Project; provided the lands, rights, and privileges, and other property are to be appropriated and taken only after just compensation has been made or paid into court for the owners in the manner provided by law. The Seattle City Attorney is further authorized to enter into a stipulation agreement for the purpose of minimizing damages.
Section 4. The real property interests referenced in this ordinance include, but are not limited to, deeds, easements, and temporary constructions easements that, when recorded, shall be placed under the jurisdiction of SPU and designated for utility and general municipal purposes.
Section 5. Any act consistent with the authority of this ordinance taken after its passage and prior to its effective date is ratified and confirmed.
Section 6. This ordinance shall take effect as provided by Seattle Municipal Code Sections 1.04.020 and 1.04.070.
Passed by the City Council the ________ day of _________________________, 2025, and signed by me in open session in authentication of its passage this ________ day of _________________________, 2025.
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President ____________ of the City Council
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Approved / |
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returned unsigned / |
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vetoed this _____ day of _________________, 2025. |
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Bruce A. Harrell, Mayor
Filed by me this ________ day of _________________________, 2025.
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Scheereen Dedman, City Clerk
(Seal)
Attachments:
Attachment 1 – Legal Descriptions for Permanent Easements
Attachment 2 – Legal Descriptions for Temporary Construction Easements