Drafter

Clerk 04/05/2016

Title

A RESOLUTION directing King County, acting on behalf of the District, to transfer to the city of Snoqualmie six parcels within the Snoqualmie River floodplain, subject to deed restrictions.

Body

WHEREAS, the King County Flood Control Zone District ("District") was established in part to provide integrated and coordinated floodplain management, to protect effectively and efficiently public safety and property and to sustain the region’s prosperity; and

WHEREAS, the city of Snoqualmie (“City”) has acquired contiguous properties within the Snoqualmie River floodplain to reduce flood risk; and

WHEREAS, consistent with the City’s acquisition program, King County, on behalf of the District, (1) has acquired with District funds and Federal Emergency Management Agency ("FEMA") funds five parcels on the Snoqualmie River (Assessor’s Parcel Nos. 7851200005, 7851200010, 781200015, 7851200020 and 3224089067) ("FEMA funded parcels") and (2) has acquired with District funds one parcel in the same vicinity (Assessor’s Parcel No. 7849202025) ("District funded parcel")(collectively, the "King County parcels"); and

WHEREAS, maintenance and operation of the King County parcels by the City will be efficient and cost effective, because the City maintains and operates Snoqualmie River floodplain parcels in the vicinity of the King County parcels; and

WHEREAS, the District board of supervisors desires to transfer the King County parcels to the City in order to provide for efficient and cost effective maintenance and operation of the King County parcels; and

WHEREAS, the District can protect the flood protection interests of King County and the District in the King County parcels through deeds restrictions and restrictive covenants in the parcel transfer documents; and

WHEREAS, by letter to the director of the King County water and land resources division dated April 16, 2015, the mayor of the City, on behalf of the City, agreed to accept the transfer of the five FEMA funded parcels, subject to certain conditions and commitments; and

WHEREAS, by letter to the Washington Military Department dated December 9, 2015, the FEMA Regional Administrator approved the transfer of the five FEMA funded parcels to the City, subject to certain terms and conditions; and

WHEREAS, K.C.C. 4.56.060.E.1.a. and K.C.C. 4.56.060.E.2. provides that the District by resolution may direct King County, acting through the facilities management division in coordination with the department of natural resources and parks, to convey real property acquired in its name on behalf of the District to third parties; and

WHEREAS, the District board of supervisors desires to direct King County to convey the FEMA funded parcels and the District funded parcel to the City for the reasons stated above pursuant to K.C.C. 4.56.060.E.1.a. and K.C.C. 4.56.060.E.2.; now, therefore

BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE KING COUNTY FLOOD CONTROL ZONE DISTRICT:

                     SECTION 1.                     The District board of Supervisors directs King County to convey to the city of Snoqualmie, by deeds in a form approved by the chair of the board and District legal counsel, the Assessor’s parcels listed below and shown on Attachment A as "FEMA Funded Acquisitions", subject to (1) the Restrictive Covenants set forth in Exhibit B of the "Declaration of Restrictive Covenants" at Attachment B, and (2) the terms and conditions of the second and third full paragraphs of page 2 of the December 9, 2015, letter to the Washington Military Department from FEMA at Attachment C:

7851200005                                           7851200020                                          7851200010

3224089067                                           7851200015

Attachments A, B and C are attached hereto and incorporated herein by reference.

                     SECTION 2.                     The board of supervisors directs King County to convey to the city of Snoqualmie, by deed in a form approved by the chair of the board and District legal counsel, Assessor’s Parcel No. 7849202025 and shown on Attachment A as "FCD Funded Acquisitions," subject to the Deed Restrictions at Attachment D, attached hereto and incorporated herein by reference.                                          

                     SECTION 3.                     The conveyances of Sections 1 and 2 shall be accomplished by King County pursuant to K.C.C. 4.56.060.E.1.a. and KC.C. 4.56.060.E.2