Item No.: 6c_attach_3
Date of Meeting: September 27, 2016
EXHIBIT C
Stormwater Infrastructure Ownership Resolution and
Seattle Public Utilities Easements Needed from the Port of Seattle
This Exhibit of the Port of Seattle-City of Seattle Interlocal Agreement (ILA) Regarding Stormwater Utility
Operations includes proposed resolution of infrastructure ownership issues and easements needed by
the City of Seattle identified during the development of the Stormwater Map Books (SW Map Books).
1. Shilshole Bay Marina
The Port and City identified eight storm drainage "systems" that needed clarification of ownership
and/or property rights. These "systems" are shown on Attachment 1 and can be found in the
Seaport SW Map Book pages 3-5 (5/12/2016). The drainage "systems" involve a mix of
infrastructure on the adjacent hillside, pipes and inlets in the road that were originally installed by
the City when Seaview Drive was constructed, pipes that were extended by the Port from City lines
with few or no Port connections, and lines that may no longer exist or be operational.
A. Ownership Resolution
Using street use permit data, side-sewer card data, Seattle Public Utilities (SPU) and Port GIS data on
infrastructure, construction and current ownership records, and any existing easement records for
each "system," the Port and City verified current ownership and discussed future ownership of each
system. The construction information, current ownership, and resolution of ownership issues are
described below and summarized in Table 1.
i. North 1 and North 2. The drainage on North 1 and North 2 starts on Burlington Northern
Santa Fe Railroad (BNSFRR) property. Drainage infrastructure was likely first constructed by
the railroad. The City installed drainage in right of way (ROW) when Seaview Drive was
constructed. The lines were extended by the Port when Shilshole Bay Marina (SBM) was
constructed. North 1 and North 2 are natural drainages. On North 1, the City has inlets in
the roadway and the Port has two catchbasins behind a Port-controlled fenced area. On
North 2, the City has inlets in the roadway and the Port installed a sediment vault. The
sediment vault is partly on Port property and partly in ROW in Port parking area.
Since North 1 and North 2 involve BNSFRR, the City and the Port, the ownership of these
lines will be as follows: 1) the City owns and is responsible for maintaining drainage
structures from the western edge of BNSFRR property line to the western edge of the
sidewalk, and 2) the Port owns the infrastructure from the western edge of the sidewalk to
the outfall.
The Port and City recognize that North 2 is a natural drainage course that drains BNSFRR
property. The City and the Port will continue to work cooperatively to address sediment
concerns, including working with BNSFRR. The City will continue to implement municipal
authorities described in Section 3 of the ILA.
Exhibit C - 1
Item No.: 6c_attach_3
Date of Meeting: September 27, 2016
ii. Central 1, Central 2, South 2 and South 4. These four lines were originally installed by the
City when Seaview Drive was constructed. The lines were extended by the Port when the
SBM was constructed. Because the Port has few or no connections to these systems, the
City intends to take ownership of the portions extended by the Port if these lines are in
acceptable condition to SPU. SPU and the Port will work out the responsibilities and costs to
CCTV the lines and clean them. SPU and the Port will jointly discuss the condition, identify
needed repairs and timing of repairs, and identify any work needed before the City takes
ownership. The work to resolve the ownership will be completed within one year of the
signing of the ILA. If City agrees to take these lines, SPU and the Port will enter into an asset
transfer agreement. There will be no charge between the City and the Port for the transfer.
If the Port and City cannot reach agreement on conditions and repairs, the Port will continue
to own the extended portions of the stormdrains.
iii. South 1. Port owns the majority of South 1, which was constructed by the Port to serve Port
property. The City will own and operate the portion of the line in the road to the western
edge of the sidewalk.
iv. South 3. The City assumes ownership of South 3 given existing SPU easements in this
location. The Port and SPU will field verify what infrastructure exists. These may be
drainage, sewer or combined lines.
B. Easement Acquisition
Following ownership resolution of Central 1, Central 2, South 2 and South 4, the Port will grant the
City one Master Easement for the SBM area. SPU and the Port will evaluate if the existing
easements on South 3 should be incorporated into the new Master Easement. The easement work
will be completed within two years of the signing of the ILA. The Port will not charge the City for
these easements.
Exhibit C - 2
Item No.: 6c_attach_3
Date of Meeting: September 27, 2016
Table 1. Current and Proposed Construction, Ownership and Easement Details of Infrastructure at Shilshole Bay Marina
Storm Drain Port
"System" Outfall #, Proposed ownership pending
(Easement SW Map resolution of condition and
Table ID) Book pg Construction and current ownership Existing connections and easements easement need
North 1 6034 Portion in road: Constructed by City, Port: 2 catchbasins (CB) City: From BNSFRR western
(401) Pg. 3 owned by City City: 2 inlets and maintenance property line to western edge of
Portion on Port parking area and hole (MH) in road the sidewalk abutting Port
property: Extended by Port, owned by BNSFRR: Adjacent hillside property
Port Port: From western edge of the
sidewalk abutting Port parking
area to the outfall
North 2 6037 Portion in road: Constructed by City, Port: 0 CB/sediment vault City: From BNSFRR western
(402) Pg. 3 owned by City City: 3 inlets and MH in road property line to western edge of
Portion on Port parking area and BNSFRR: Adjacent hillside the sidewalk abutting Port
property: Lines extended by Port, property
sediment vault constructed, owned by Port: From western edge of the
Port sidewalk abutting Port parking
area to the outfall
Central 1 6045 Portion in road: Constructed by City, Port: 0 CB Potential City ownership of
(404) Pg. 4 owned by City City: 4 inlets and MH in road portion extended by Port
Portion on Port parking area and pending condition assessment
property: Extended by Port, owned by If City owns, City to obtain an
Port easement under a new SBM
Master Easement
Central 2 6049 Portion in road: Constructed by City, Port: 0 CB Potential City ownership of
(405) Pg. 4 owned by City City: 2 inlets and MH in road portion extended by Port
Portion on Port parking area and pending condition assessment
property: Extended by Port, owned by If City owns, City to obtain an
Port easement under a new SBM
Master Easement
Exhibit C - 3
Item No.: 6c_attach_3
Date of Meeting: September 27, 2016
Storm Drain Port
"System" Outfall #, Proposed ownership pending
(Easement SW Map resolution of condition and
Table ID) Book pg Construction and current ownership Existing connections and easements easement need
South 1 6086 Portion in road: Likely constructed by Port: 5 CBs City owns and operate the line
(406) Pg. 5 City; owned by City City: 2 inlets in road in the road to the western edge
Portion on Port parking area and of the sidewalk
property: Constructed by Port, owned by Port owns the portion of the
Port system in the Port parking area
and on Port property
South 2 6059 / 60 Portion in road: Constructed by City, Port: 0 CB Potential City ownership of
(407, 408) Pg. 5 owned by City City: 4 inlets and MH in road portion extended by Port
Portion on Port parking area and on Port No apparent connections to the pending condition assessment,
property: Extended by the Port, owned northern line including verification of a
by the Port potential northern lateral
Potential lateral to north: Needs field City to obtain an easement
investigation to verify what is in the under a new SBM Master
ground prior to discussions of ownership Easement
South 3 6062 City likely already owns lines given Port: 0 CB Likely City already owns
(409, 410) Pg. 5 existing easements City has two easements: City and Port will verify what is
Portions likely constructed by City. recording #5138628 accepted by in the ground
Unclear what portions may have been Ordinance 89044 and recording City may obtain a new easement
constructed by the Port #5563000 accepted by (or easements if the second line
Lines may be drainage, sewer or Ordinance 91936 exists and is operational) under
combined lines a new SBM Master Easement; if
that occurs, City to relinquish
existing easements
South 4 6069 Portion in road: Constructed by City, POS: 0 CB Potential City ownership of
(411) Pg. 5 owned by City City: Larger system connects portion extended by Port
Portion on Port Property parking area from the south pending condition assessment
and on Port property: Extended by the City to obtain an easement
Port, owned by the Port under a new SBM Master
Easement
Exhibit C - 4
Item No.: 6c_attach_3
Date of Meeting: September 27, 2016
2. Terminal 91
Two stormdrains from the hillside above Terminal 91 drain City ROW (Attachment 2). These
connections are on page 8 and 9 of the Seaport SW Map Book. Construction documentation could
not be found. These drains are:
1) Port Connection 12: pipe from catch basin/structure in the gutter along 23rd Ave W (near W
Crockett St) to the connection with Port approximately at MH D027-236.
2) Port Connection 13: pipe from MH at the dead end of W Plymouth St to the connection with
Port approximately at MH D027-037.
A. Ownership Resolution. The City assumes ownership of the two storm drains since they drain
City rights-of-way. The Port and SPU will work together to determine the specific connection
locations taking access into consideration. The connection points will be agreed upon within one
year of signing of the ILA.
B. Easement Acquisition. After determining the connection points, the Port will grant the City one
master easement for the two locations within two years of signing the ILA. The Port will not
charge the City for the easement.
3. Terminal 115
In 1993, the Port reconstructed a City storm drain around a building on T-115 as shown in
Attachment 3, Storm Drain Relocation Vault Plan 877-53. The plan notes that an easement was to be
acquired. As part of the reconstruction work, a storm drain under the building was abandoned.
A. Easement Acquisition and Relinquishment. The Port will grant the City an easement. The City
will relinquish the existing easement (recording #7510150842) accepted by Ordinance #105301
for the pipe that was abandoned during construction. The Port will not charge the City for the
easement since this work was to be completed more than 20 years ago.
4. Vicinity of South Spokane Street and East Marginal Way near T-104
The City will need to acquire a master easement for infrastructure in the vicinity of Terminal 104
along South Spokane Street area and East Marginal Way (see Attachment 4). This area is shown on
Seaport SW Map Book page 28. A title report initiated by SPU shows a complex parcel ownership,
and that City infrastructure cross back and forth between public and Port-owned property.
A. Easement Acquisition. The City and the Port will work cooperatively to create an accurate map
of parcel ownership and infrastructure ownership in order to identify easements needed. This
work will be completed within one year of the signing of the ILA. The Port will then grant the
City one master easement in this area within two years of the signing of the ILA. The Port will
not charge the City for the easements.
Exhibit C - 5
Item No.: 6c_attach_3
Date of Meeting: September 27, 2016
Terminal 18, Terminal 5, and East Marginal Way Near Terminal 104
The Port and City have processes in place through other efforts to address known infrastructure
ownership and easement needs at Terminal 18, Terminal 5 and East Marginal Way. These efforts are:
T-18 street vacations under City Clerk File 301929 dated July 20, 1998 and the Harbor Island
Redevelopment Agreement date April 1, 1999.
T-5 street vacations under City Clerk File 300283 dated September 28, 1995, Section D of the
January 17, 1997 Interlocal Agreement between the City of Seattle and Port of Seattle, and
related Terminal 5 redevelopment documents from the mid-1990s.
East Marginal Way ROW and easement dedication under City Ordinance 124477 filed May 29,
2014.
Exhibit C - 6
" Item No.: 6c_attach_3"
Date of Meeting: September 27, 2016
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