CITY OF SEATTLE
ORDINANCE __________________
COUNCIL BILL __________________
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AN ORDINANCE relating to the Department of Parks and Recreation; authorizing execution of an agreement with Seattle School District providing for the exchange of City-owned property at Garfield Playfield for District-owned property adjacent to the Rainier Beach Community Center; authorizing execution, acceptance and recording of Quitclaim Deeds and easements necessary for the development of the properties; authorizing execution of a lease for the Garfield Teen Life Center within Garfield High School; superseding Ordinance 118477, which adopted Initiative 42, for the purposes of this ordinance; and ratifying and confirming prior acts.
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WHEREAS, the City of Seattle ("City") adopted Resolution Number 28865 in 1994, committing the City's support to Seattle School District's ("District") Building Excellence Capital Improvement Program ("BEX Program"); and
WHEREAS, as part of the BEX Program, the District substantially remodeled Garfield High School, including the Garfield Teen Life Center, which the Department of Parks and Recreation ("DPR") had operated for 7 years; and
WHEREAS, the remodeled Garfield High School includes certain improvements which were constructed on a portion of the City's Garfield Playfield, including a new Garfield Teen Life Center that DPR operates and that is available to students and members of the community; and
WHEREAS, there was no reasonable alternative to locating these improvements on Garfield Playfield property due to the constrained nature of the Garfield High School site and setback requirements applicable to the existing school buildings; and
WHEREAS, the City and the District desire that the portion of the City's Garfield Playfield on which the improvements were constructed be conveyed to the District and that the Garfield Teen Life Center be leased to the City and programmed by DPR under the Joint Use Agreement in effect between the District and DPR; and
WHEREAS, the City has redeveloped the Rainier Beach Community Center and portions of that development occupy land currently owned by the District; and
WHEREAS, the City and the District agree that an exchange of properties at Garfield Playfield and Rainier Beach is in their best interests and they have adjusted the boundaries of their respective properties so as to accomplish the exchange; and
WHEREAS, the City and the District now wish to complete the exchange and provide for the orderly development of the properties and for ongoing operation of the Garfield Teen Life Center; NOW, THEREFORE,
BE IT ORDAINED BY THE CITY OF SEATTLE AS FOLLOWS:
Section 1. The Superintendent of Parks and Recreation ("Superintendent"), or his designee, is authorized, on behalf of the City of Seattle, to execute an agreement with the Seattle School District ("District") substantially in the form of Attachment 1, entitled Property Exchange Agreement.
Section 2. The Superintendent, or his designee, is further authorized, on behalf of the City of Seattle, to sign and deliver a quitclaim deed, substantially in the form of Exhibit A to Attachment 1, conveying to the Seattle School District the real property described therein.
Section 3. The Superintendent, or his designee, is further authorized, on behalf of the City of Seattle, to accept and record a quitclaim deed, substantially in the form of Exhibit B to Attachment 1, conveying to the City of Seattle the real property described therein, and to execute such other documents as such official deems necessary or desirable to accomplish the acquisition of the property. The property shall be accepted for open space, park, and recreation purposes, and placed under the jurisdiction of the Department of Parks and Recreation.
Section 4. The Superintendent, or his designee, is further authorized, on behalf of the City of Seattle, to enter into a 43-year lease of the Garfield Teen Life Center with Seattle School District substantially in the form of Exhibit C to Attachment 1.
Section 5. The Superintendent, or his designee, is further authorized, on behalf of the City of Seattle, to sign and enter into a Reciprocal Easement Agreement with Seattle School District substantially in the form of Exhibit D to Attachment 1 granting non-exclusive easements for ingress/egress and fire safety over the real property described therein.
Section 6. The requirements of Ordinance 118477, which adopted Initiative 42, are hereby superseded for the purposes of this ordinance.
Section 7. Any acts made consistent with the authority and prior to the effective date of this ordinance, including, without limitation, the recording of the Lot Boundary Adjustments, are hereby ratified and confirmed.
Section 8. 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 ________________________, 2015, and signed by me in open session in authentication of its passage this
_____ day of ___________________, 2015.
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President __________of the City Council
Approved by me this ____ day of _____________________, 2015.
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Edward B. Murray, Mayor
Filed by me this ____ day of __________________________, 2015.
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Monica Martinez Simmons, City Clerk
(Seal)
Attachment 1 - Property Exchange Agreement
Exhibit A - Quitclaim Deed for conveyance from City to District
Exhibit B - Quitclaim Deed for conveyance from District to City
Exhibit C - Lease for Garfield Teen Life Center
Exhibit D - Easement Agreement