CITY OF SEATTLE
ORDINANCE __________________
COUNCIL BILL __________________
title
AN ORDINANCE relating to the City Light Department; declaring certain real property rights and improvements surplus to the City of Seattle’s utility needs; and authorizing the release of an access easement and a permit for a groundwater observation well, and the conveyance of ownership of said groundwater well to James and Valerie Van Dyke in Pend Oreille County, Washington.
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WHEREAS, Seattle City Light installed more than 40 ground water level monitoring wells in Pend Oreille County as part of the construction and licensing of the Boundary Dam in the 1950s and 1960s to study the dam reservoir’s impact on ground water levels and the potential, if any, to flood local mines; and
WHEREAS, information from these monitoring wells was collected for nearly 50 years and indicated no deleterious ground water level effects, and the monitoring wells are no longer needed; and
WHEREAS, any groundwater monitoring well which is unusable, abandoned, whose use has been permanently discontinued, or is in disrepair must be properly decommissioned as required by Washington Administrative Code 173-160-381; and
WHEREAS, James and Valerie Van Dyke requested that the monitoring well on their property (Groundwater Observation Well No CS-36) not be decommissioned and agreed to take responsibility for any liabilities and regulatory responsibilities related to this well; 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 a public hearing, the real property rights acquired for a groundwater observation well, on the property legally described in Attachment 1 hereto, together with the groundwater monitoring well thereon, are no longer needed for the City of Seattle’s utility purposes, and are declared surplus to City needs.
Section 2. The General Manager and Chief Executive Officer of Seattle City Light, or designee, is authorized to execute for and on behalf of the City of Seattle, a Release of Easement and Permit and Conveyance of Water Well Ownership substantially in the form attached hereto as Attachment 1.
Section 3. 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 ________________________, 2015, and
signed by me in open session in authentication of its passage this
_____ day of ___________________, 2015.
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President __________of the City Council
Approved by me this ____ day of _____________________, 2015.
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Edward B. Murray, Mayor
Filed by me this ____ day of __________________________, 2015.
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Monica Martinez Simmons, City Clerk
(Seal)
Attachment 1: Release of Easement and Permit and Conveyance of Water Well Ownership