CITY OF SEATTLE
ORDINANCE __________________
COUNCIL BILL __________________
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AN ORDINANCE vacating a portion of 41st Avenue Northeast and a portion of Northeast 46th Street, on the petition of Seattle Children’s Hospital (Clerk File 309690).
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WHEREAS, Seattle Children’s Hospital (“Petitioner”) filed a petition under Clerk File 309690 to vacate a portion of 41st Avenue Northeast and a portion of Northeast 46th Street; and
WHEREAS, after a May 25, 2010, public hearing on the petition, the City Council conditionally granted the petition on June 1, 2010; and
WHEREAS, a Property Use and Development Agreement recorded on May 15, 2019, with the King County Recorder’s Office under Recording No. 20190515001004 commits the Petitioner and their successors to fulfill ongoing public benefit obligations required by the vacation; and
WHEREAS, as provided for in Revised Code of Washington (RCW) Section 35.79.030 and Seattle Municipal Code Chapter 15.62, on August 6, 2013, the Petitioner paid the City a vacation fee of $7,560,000, which is the full appraised value of the property; and
WHEREAS, the Petitioner has met all conditions imposed by the City Council in connection with the vacation petition; and
WHEREAS, vacating a portion of 41st Avenue Northeast and a portion of Northeast 46th Street is in the public interest; NOW, THEREFORE,
BE IT ORDAINED BY THE CITY OF SEATTLE AS FOLLOWS:
Section 1. A portion of 41st Avenue Northeast and a portion of Northeast 46th Street in the Laurelhurst neighborhood of Seattle described below are vacated:
41st Avenue Northeast from the southeast margin of Sand Point Way Northeast to its boundary at Northeast 46th Street; and
Northeast 46th Street from its boundary with 41st Avenue Northeast to the east margin of 40th Avenue Northeast
Section 2. The Property Use and Development Agreement, King County Recording Number 20190515001004, attached as Exhibit 1 to this ordinance is accepted.
Section 3. The Easement and Maintenance Agreements between the Department of Parks and Recreation and Seattle Children’s Hospital for access to the Burke-Gilman Trail across a portion of the Petitioner’s property, and for maintenance of the easement area as required by the vacation conditions, are accepted in the Ordinance introduced as Council Bill 119564.
Section 4. 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.
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Monica Martinez Simmons, City Clerk
(Seal)
Attachments:
Exhibit 1 - Property Use and Development Agreement