Executive/Council Action Form (ECAF)
ITEM TITLE:
Title
Motion 22-495, authorizing the surplus and transfer of real property a portion of Cicero Pond Conservation - parcel no. 32061200301200
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DEPARTMENT: Facilities and Fleet
ORIGINATOR: Steven Tease
EXECUTIVE RECOMMENDATION: Approved by Ken Klein 11/17/22
PURPOSE: Council approval of the surplus and transfer of Assessor's Tax Parcel No. 32061200301200. Find it to be in the public interest to transfer said parcel to the Stillaguamish Tribe of Indians, authorize the Property Officer of the Department of Facilities and Fleet to execute, on behalf of the County, a Quitclaim Deed, and Amendment No. 1 to the Declaration of Protective Covenants, Conditions and Restrictions For Cicero Pond Conservation, and take all steps that are necessary to consummate the transfer on behalf of Snohomish County.
BACKGROUND: On June 14, 1995 the Snohomish County Council approved Motion 95-215 authorizing acquisition of approximately 90 acres of real property for Cicero Pond Conservation. On August 16, 1995 a Declaration of Protective Covenants, Conditions and Restrictions For Cicero Pond Conservation was recorded and limited any improvements to the subject property to those which are passive in nature. Assessor's Parcel No. 32061200301200 (the "Parcel") contains 5.4 acres and is a portion of the Cicero Pond Conservation acquisition. The Parcel has experienced substantial accretion by the flow of the Stillaguamish River such that most of the Parcel presently lies within the riverbed and is under the jurisdiction of the State of Washington. Snohomish County and the Stillaguamish Tribe of Indians have been codefendants in a lawsuit, case no. 22-2-06240-31 Superior Court of the State of Washington, which has been dismissed without prejudice on November 9, 2022. The Stillaguamish Tribe agrees to acquire the Parcel and to continue to defend the Parcel and to bear the costs associated with ownerhsip of the Parcel. A Quit...
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