Drafter
Clerk 08/11/2005
Title
AN ORDINANCE authorizing the King County executive to grant utility easements to Snohomish County Public Utility District No. 1.
Body
BE IT ORDAINED BY THE COUNCIL OF KING COUNTY:
SECTION 1. Findings:
A. In 2003, King County passed Ordinance 14699 authorizing the wastewater treatment division in the department of natural resources and parks to acquire property for the Brightwater treatment plant located at State Route 9 in Snohomish county.
B. King County has acquired fee title to all of the property required for the Brightwater treatment plant at the State Route 9 site, except for three parcels.
C. In order to serve the Brightwater project, Snohomish County Public Utility District No. 1 ("Snohomish County PUD") requires several permanent easements on, or across, portions of certain parcels acquired by King County's wastewater treatment division for the Brightwater treatment plant. Snohomish County PUD also requires several permanent easements on or across portions of certain Brightwater parcels to serve other customers.
D. Pursuant to K.C.C. 4.56.115, the King County executive is authorized to execute utility easements necessary for the installation, operation and maintenance of utilities to serve King County property. The executive is also authorized to grant utility easements for utility purposes other than to serve county property so long as the utility easements will not interfere with or hinder the use of the property and so long as the grant of utility easements is first approved by the council.
E. The utility easements required by Snohomish County PUD to serve other customers will not in any way interfere with, or hinder, the use of the Brightwater property. Snohomish County PUD will compensate King County at fair market value for these utility easements.
F. Pursuant to K.C.C. 4.56.140, the county may dispose of county property to another governmental agency by direct negotiation, upon such terms as may be agreed upon and for such consideration as may be deemed by the county to be adequate.
SECTION 2. The King County executive is hereby authorized to grant utility
easements to Snohomish County PUD and to accept compensation for these utility easements. The compensation will be returned to the Brightwater capital fund.
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