CITY OF SEATTLE
ORDINANCE __________________
COUNCIL BILL __________________
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AN ORDINANCE relating to the Seattle Public Utilities Department; authorizing the Director of Seattle Public Utilities to grant the City of Kenmore limited permission to construct and manage a non-motorized, public recreational trail on a portion of utility property in the Tolt Pipeline Right of Way; and authorizing the Director to execute an agreement for this property use.
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WHEREAS, The City of Seattle ("City"), acting by and through its Seattle Public Utilities Department ("SPU"), owns in fee real property in the City of Kenmore ("Kenmore") commonly referred to as the Tolt Pipeline Right of Way ("the Property"); and
WHEREAS, SPU granted Kenmore a non-exclusive road easement ("Easement") over a portion of the Property ("Easement Area") via Ordinance 120749 in 2002; and
WHEREAS, Kenmore has to date not built a road in the Easement Area but desires to retain the Easement; and
WHEREAS, Kenmore further wishes to develop a non-motorized public recreational trail in the Easement Area under a 20-year recreational trail agreement with the City in lieu of building a road in the Easement Area; and
WHEREAS, SPU is willing to grant Kenmore limited permission to construct and manage a recreational trail in the Easement Area, subject to certain conditions, which includes no unreasonable interference with SPU's use of the Property for its water supply system or other necessary utility purposes; and
WHEREAS, in consideration for SPU granting permission for Kenmore to construct and manage a public recreational trail on the Property in the Easement Area, Kenmore will maintain the recreational trail and related improvements at its sole cost and expense, and will also defend, indemnify and hold harmless the City from any claims arising out of or in connection with Kenmore's occupancy, use or improvement of the Property; NOW, THEREFORE,
BE IT ORDAINED BY THE CITY OF SEATTLE AS FOLLOWS:
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