Record No: CB 118743    Version: 1 Council Bill No: CB 118743
Type: Ordinance (Ord) Status: Passed
Current Controlling Legislative Body City Clerk
On agenda: 8/1/2016
Ordinance No: Ord 125098
Title: AN ORDINANCE relating to the City Light Department; declaring certain real property rights surplus to utility needs; authorizing the General Manager and Chief Executive Officer to grant a permanent flowage easement to allow for a relocated portion of Cumberland Creek to occasionally flood conservation land owned by The City of Seattle in Skagit County, Washington; and ratifying and confirming certain prior acts.
Sponsors: Kshama Sawant
Attachments: 1. Att 1 – Permanent Flowage Easement, 2. Att 1 Ex A – Project Flowage Area Legal Description, 3. Att 1 Ex A-1 – Project Flowage Area Depiction, 4. Att 1 Ex B – Permanent Flowage Easement Area, 5. Att 1 Ex C – Scope of Work-Project Description, 6. Att 1 Ex D – Project Completion Confirmation Letter
Supporting documents: 1. Summary and Fiscal Note, 2. Signed Ord 125098, 3. Affidavit of Publication
CITY OF SEATTLE
ORDINANCE __________________
COUNCIL BILL __________________
title
AN ORDINANCE relating to the City Light Department; declaring certain real property rights surplus to utility needs; authorizing the General Manager and Chief Executive Officer to grant a permanent flowage easement to allow for a relocated portion of Cumberland Creek to occasionally flood conservation land owned by The City of Seattle in Skagit County, Washington; and ratifying and confirming certain prior acts.
body
WHEREAS, The City of Seattle owns by recorded deed certain parcels of conservation land in Sections 14 and 23, Township 35 North, Range 6 East, W.M., Skagit County Tax Parcel numbers P41167, P41168, and P41865, and these parcels were acquired for the purpose of protecting fish and wildlife habitat; and
WHEREAS, the Skagit County Department of Public Works is constructing the Cumberland Creek Habitat Mitigation Project on land adjoining the City's conservation parcels; and
WHEREAS, as a condition of approval of the Cumberland Creek Habitat Mitigation Project, the U.S. Army Corps of Engineers (USACE) is requiring that The City of Seattle grant a permanent flowage easement to Skagit County to allow for occasional flooding from Cumberland Creek on the City's property; and
WHEREAS, the Cumberland Creek Habitat Mitigation Project will increase available spawning, rearing, foraging, and refuge habitat for salmonids and other resident fish in the Skagit River system and will benefit the City's fish and wildlife habitat conservation purposes; 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 real property rights acquired for fish and wildlife habitat conservation purposes are no longer needed exclusively for The City of Seattle's utility purposes, over, through, and upon the property described in Exhibit "B" to Attachment 1 hereto (the "Easement Area"), and are decla...

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