In February 2013, the City adopted Resolution No. 4905 which authorized the City to enter into an Interlocal Agreement with King County and the King County Flood Control District for easements associated with the Reddington Levee Extension and Setback Project.  Pursuant to the Interlocal Agreement, the City granted a Flood Protection Easement to King County, which granted King County perpetual easement for flood protection purposes.  A portion of the easement area is located on a portion of Brannan Park, which was purchased by the City in 1971 with grant funds from The Washington Recreation and Conservation Office (RCO).  The RCO has determined that the granting of real property interest in the form of a Flood Control Easement triggers a land conversion requirement, while a Use Agreement does not amount to granting of real property interest running with the land in perpetuity.  Therefore, a Use Agreement to provide King County access to the area in perpetuity for the purposes of maintaining the flood control structure would not trigger a land conversion requirement.

Park staff has determined that prior to the Reddington Levee Setback Project, the area of land at Brannan Park that was subject to the “take” to accommodate the levee setback project was comprised of Open Space along the Green River.  Since the levee was setback from the Green River, the area of “take” remains as Open Space, which still provides access to the river.  An element of the Reddington Levee Setback Project was a 1.7 mile paved trail along the top of the levee, which resulted in a substantial improvement to the recreational value of the area.