SEATTLE CITY COUNCIL - Record No: CB 119628

• Record No: CB 119628
• Version: 1
• Council Bill No: CB 119628
• Type: Ordinance (Ord)
• Status: Passed
• Current Controlling Legislative Body: City Clerk
• On agenda: 12/9/2019
• Ordinance No: Ord 126019
• Title: AN ORDINANCE vacating the alley in Block 81, Terry's Second Addition, and an aerial portion of 9th Avenue between Jefferson Street and Alder Street on the petition of King County (Clerk File 304408); and accepting a Property Use and Development Agreement.
• Sponsors: Mike O'Brien
• Supporting documents: 1. Summary and Fiscal Note, 2. Summary Att A - Harborview Vacation, 3. Presentation, 4. Signed Ordinance 126019

Date	Ver.	Action By	Action	Result
12/13/2019	1	City Clerk	attested by City Clerk
12/13/2019	1	Mayor	returned
12/13/2019	1	Mayor	Signed
12/13/2019	1	City Clerk	submitted for Mayor's signature
12/9/2019	1	City Council	passed	Pass
12/3/2019	1	Sustainability and Transportation Committee	pass	Pass
9/9/2019	1	City Council	referred
8/29/2019	1	Council President's Office	sent for review
8/27/2019	1	City Clerk	sent for review
8/27/2019	1	Mayor	Mayor's leg transmitted to Council

CITY OF SEATTLE

ORDINANCE __________________

COUNCIL BILL __________________

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AN ORDINANCE vacating the alley in Block 81, Terry’s Second Addition, and an aerial portion of 9^th Avenue between Jefferson Street and Alder Street on the petition of King County (Clerk File 304408); and accepting a Property Use and Development Agreement.

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WHEREAS, King County (Petitioner) filed a petition under Clerk File 304408 to vacate the alley in Block 81 bounded by 9^th Avenue, Jefferson Street, Terry Avenue, and James Street and an aerial portion of 9^th Avenue between Jefferson Street and Alder Street; and

WHEREAS, following a February 28, 2003, public hearing on the petition, the Seattle City Council (City Council) conditionally granted the petition on March 31, 2003; and

WHEREAS, a Property Use and Development Agreement recorded on March 21, 2019, with the King County Recorder’s Office under Recording No. 20190321000459 commits the Petitioner and their successors to fulfill on going public-benefit obligations required as part of the vacation; and

WHEREAS, as provided for in RCW 35.79.030 and Seattle Municipal Code Chapter 15.62, the Petitioner has paid the City a vacation fee of $1,960,000 as determined by appraisal, of which $845,823 was in cash and $1,114,177 was paid as construction costs for renovating the Seattle Fire Department’s Medic One unit at Harborview Medical Center; and

WHEREAS, the Petitioner has met all conditions imposed by the City Council in connection with the vacation petition; and

WHEREAS, vacating the alley in Block 81, Terry’s Second Addition and the aerial portion of 9^th Avenue, is in the public interest; NOW, THEREFORE,

BE IT ORDAINED BY THE CITY OF SEATTLE AS FOLLOWS:

Section 1. The alley in Block 81, Terry’s Second Addition and the aerial portion of 9^th Avenue, described below, are vacated:

Alley in Block 81

The alley in Block 81, Terry’s 2nd Addition to the City of Seattle, as recorded in Volume 1 of Plats, page 87, records of King County, Washington, being the alley in the block bounded by Jefferson Street, 9^th Avenue, James Street and Terry Avenue; together with

Aerial portion of 9^th Avenue

That portion of the Southwest Quarter of the Southeast Quarter of Section 32, Township 25 North, Range 4 East, Willamette Meridian, lying entirely within 9^th Avenue, between a bottom plane elevation of 355.6 feet and a top plane elevation of 467.3 feet, and described as follows:

Commencing at the intersection of centerlines of Jefferson Street and said 9^th Avenue;

Thence North 59°22’50” East along the centerline of said Jefferson Street, a distance of 33.00 feet, to the northerly extension of the easterly margin of right-of-way of said 9^th Avenue;

Thence South 30°39’11” East along said extension, a distance of 33.00 feet to the northerly margin of right-of-way of said Jefferson Street;

Thence continuing South 30°39’11” East along said easterly margin of right-of-way of 9^th Avenue, a distance of 72.48 feet to the True Point of Beginning;

Thence along the following six courses:

Continuing South 30°39’11” East 55.37 feet;

Thence South 61°40’06” West 44.50 feet;

Thence North 30°52’50” West 2.08 feet;

Thence South 53°51’09” West 21.63 feet to the westerly margin of right-of-way of said 9^th Avenue;

Thence North 30°39’11” West along said westerly margin, a distance of 41.07 feet;

Thence North 48°37’47” East 67.17 feet to the Point of Beginning; 

Said elevations described herein are expressed in terms of North American Vertical Datum of 1988 (NAVD 88) as of the date of this instrument and are based upon City of Seattle Benchmark No. SNV-2627, being a surface brass disk at the intersection of concrete walks at the southeast corner of Madison Street and Boren Avenue and having an elevation of 332.35 feet.

Section 2. The Property Use and Development Agreement, King County Recording No. 20190321000459, attached as Exhibit 1 to this ordinance is accepted.

Section 3. This ordinance shall take effect and be in force 30 days after its approval by the Mayor, but if not approved and returned by the Mayor within ten days after presentation, it shall take effect as provided by Seattle Municipal Code Section 1.04.020.

Passed by the City Council the ________ day of _________________________, 2019, and signed by me in open session in authentication of its passage this _____ day of _________________________, 2019.

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President ____________ of the City Council

Approved by me this ________ day of _________________________, 2019.

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Jenny A. Durkan, Mayor

Filed by me this ________ day of _________________________, 2019.

____________________________________

Monica Martinez Simmons, City Clerk

(Seal)

Exhibit:

Exhibit 1 - Property Use and Development Agreement