Record No: CB 118336    Version: 1 Council Bill No: CB 118336
Type: Ordinance (Ord) Status: Passed
Current Controlling Legislative Body City Clerk
On agenda: 3/2/2015
Ordinance No: Ord 124729
Title: AN ORDINANCE relating to the First Hill Streetcar project; authorizing the Director of the Department of Transportation to acquire, accept, and record, on behalf of the City of Seattle, various easements granted to the City of Seattle for a portion of Blocks 5, 6, 11, 12, and 14 of the Town of Seattle, as laid out by D. S. Maynard, Commonly known as D. S. Maynard's Plat of Seattle, and Blocks 138 and 139 of A. A. Denny's Broadway Addition to the City of Seattle, to install, construct, erect, alter, improve, repair, and maintain permanent streetcar cable eyebolts to various buildings or structures; placing such easements under the jurisdiction of the Seattle Department of Transportation; and ratifying and confirming certain acts.
Sponsors: Tom Rasmussen
Attachments: 1. Ex 1: Recorded Easement and corrected Easement granted by Brickman South Jackson LLC, 2. Ex 2: Recorded Easement granted by Samis Foundation, 3. Ex 3: Recorded Easement and corrected Easement granted by IC U.S.A. No. 8 Property Limited Partnership, 4. Ex 4: Recorded Easement granted by Burke-State Bldg, LLC, 5. Ex 5: Recorded Easement granted by Washington Shoe Building, LLC, 6. Ex 6: Recorded Easement granted by Samis Land Co., 7. Ex 7: Recorded Easement granted by The Polyclinic
Supporting documents: 1. Summary and Fiscal Note, 2. Summary Att A: Permanent Easements Map, 3. First Hill Streetcar Easements Presentation, 4. Signed Ord 124729
CITY OF SEATTLE
ORDINANCE __________________
COUNCIL BILL __________________
title
 
AN ORDINANCE relating to the First Hill Streetcar project; authorizing the Director of the Department of Transportation to acquire, accept, and record, on behalf of the City of Seattle, various easements granted to the City of Seattle for a portion of Blocks 5, 6, 11, 12, and 14 of the Town of Seattle, as laid out by D. S. Maynard, Commonly known as D. S. Maynard's Plat of Seattle, and Blocks 138 and 139 of A. A. Denny's Broadway Addition to the City of Seattle, to install, construct, erect, alter, improve, repair, and maintain permanent streetcar cable eyebolts to various buildings or structures; placing such easements under the jurisdiction of the Seattle Department of Transportation; and ratifying and confirming certain acts.
body
WHEREAS, the City of Seattle is building a modern low-floor streetcar network that will provide new urban mobility options, support economic growth, and complement King County Metro Transit and Sound Transit Link light rail services; and
WHEREAS, on July 24, 2008, the Sound Transit Board of Directors adopted Sound Transit 2, A Mass Transit Guide, The Regional Transit System Plan, which includes capital and operating contributions for a streetcar connector line between downtown Seattle, First Hill, and the future Capital Hill Link light rail Station; and
WHEREAS, in December 2008, the City Council adopted Resolution 31091 confirming the City Council's support for developing a streetcar network in the City of Seattle and identifying the most promising streetcar routes, including the First Hill Streetcar; and
WHEREAS, the First Hill Streetcar project (Project) will provide a modern streetcar line linking First Hill employment centers with Sound Transit's regional Link light rail system by connecting the Capitol Hill, First Hill, and Chinatown/International District neighborhoods; and  
WHEREAS, the First Hill Streetcar route will operate primarily along Broadway, Yesler Way, and South Jackson Street with ten proposed stop locations; and
WHEREAS, the Project includes: construction of two and one half miles of embedded track, roadway improvements to meet the requirements of the Americans with Disabilities Act, the Complete Streets Ordinance, and the Street Restoration Policy requirements; traction power and overhead contact systems; traffic signal modifications; a storage and light maintenance facility; and public utility modifications; and
WHEREAS, the Project was designed to minimize the installation of new overhead facilities by utilizing the existing steel poles with eyebolt attachments that currently support traffic signals and King County Metro's overhead facilities for the electric trolley bus system, and incorporating battery power into the new streetcar vehicles so that only one overhead contact wire will be needed to power the streetcar vehicles instead of two; and
WHEREAS, the overhead contact wire will be installed approximately 19 feet above the eastbound streetcar track supported by span wires and the span wires will be supported by steel poles or eyebolt attachments; and
WHEREAS, it is necessary for the City to obtain easements from certain property owners for those buildings or structures that require eyebolt attachments to support the span wires; NOW, THEREFORE;
BE IT ORDAINED BY THE CITY OF SEATTLE AS FOLLOWS:
Section 1.  The Easement granted by BRICKMAN SOUTH JACKSON LLC, a Delaware limited liability company, recorded under Recording No. 20140401000692 and dated March 21, 2014, and the correction Easement, recorded under Recording No.20141119000566, which are attached as Exhibit 1 and incorporated into this ordinance, is accepted.  The permanent eyebolt easements are granted for the purposes of installation, construction, erection, alteration, improvement, repair, and maintenance of permanent eyebolt(s) on the building or structure located at 101 South Jackson Street.  The easements include the following described real property:
Lots 1 and 2, and the Northerly 15 feet of Lots 7 and 8, Block 5, Town of Seattle, as Laid Out by D.S. Maynard, Commonly known as D.S. Maynard's Plat of Seattle, recorded in Volume 1 of Plats, page(s) 23, King County, Washington, Except the West 9 feet condemned in District Court Case No. 7094 for First Avenue as provided by Ordinance No. 1106 of the City of Seattle.
 
Section 2.  The Easement granted by SAMIS FOUNDATION, a Washington nonprofit corporation, recorded under Recording No. 20140401000691 and dated March 21, 2014, which is attached as Exhibit 2 and incorporated into this ordinance, is accepted.  The permanent eyebolt easement is granted for the purposes of installation, construction, erection, alteration, improvement, repair, and maintenance of permanent eyebolt(s) on the building or structure located at 122 South Jackson Street.  The easement includes the following described real property:
Lot 5, Block 6 of D.S. Maynard's Plat of the City of Seattle, according to the plat recorded in Volume 1 of Plats, page 23, Records of King County, Washington.
 
Section 3.  The Easement granted by IC U.S.A. NO. 8 PROPERTY LIMITED PARTNERSHIP, a Washington limited partnership, recorded under Recording No. 20140401000689 and dated March 21, 2014, and the correction Easement, recorded under Recording No. 20140807001065, which are attached as Exhibit 3 and incorporated into this ordinance, are accepted.  The permanent eyebolt easements are granted for the purposes of installation, construction, erection, alteration, improvement, repair, and maintenance of permanent eyebolt(s) on the building or structure located at 171 South Jackson Street.  The easements include the following described real property:
Lots 3 and 4, Block 12, Town of Seattle, as laid out by D.S. Maynard, Commonly known as D.S. Maynard's Plat of Seattle, according to the plat thereof recorded in Volume 1 of Plats, Page 23, records of King County, Washington; EXCEPT the East 12 feet of Lot 4, condemned in King County Superior Court Cause No. 7098 for widening of Second Avenue South, as provided by Ordinance No. 1141 of the City of Seattle.   
 
Section 4.  The Easement granted by BURKE-STATE BLDG., LLC, a Washington limited liability company, recorded under Recording No. 20140401000690 and dated March 21, 2014, which is attached as Exhibit 4 and incorporated into this ordinance, is accepted.  The permanent eyebolt easement is granted for the purposes of installation, construction, erection, alteration, improvement, repair, and maintenance of permanent eyebolt(s) on the building or structure located at 316 Occidental Avenue South.  The easement includes the following described real property:
Lots 1, 2, 3 and 4, Block 11, Town of Seattle, as laid out by D.S. Maynard, Commonly known as D.S. Maynard's Plat of Seattle, according to the plat thereof, recorded in Volume 1 of Plats, page(s) 23 in King County, Washington, except the West 9 feet thereof condemned in District Court Cause No. 7089 for Occidental Avenue as provided by Ordinance Number 1109 of the City of Seattle.  
 
Section 5.  The Easement granted by WASHINGTON SHOE BUILDING, LLC, a Washington limited liability company, recorded under Recording No. 20140401000688 and dated March 21, 2014, which is attached as Exhibit 5 and incorporated into this ordinance, is accepted.  The permanent eyebolt easement is granted for the purposes of installation, construction, erection, alteration, improvement, repair, and maintenance of permanent eyebolt(s) on the building or structure located at 400 Occidental Avenue South.  The easement includes the following described real property:
The North 15 feet of Lots 7 and 8 and all of Lots 1 and 2 in Block 12 of Town of Seattle as laid out by D.S. Maynard (Commonly known as D.S. Maynard's Plat of Seattle), according to plat recorded in Volume 1 of Plats, page(s) 23, in King County, Washington.
 
Except the West 9 of said Lot 1 and 9 condemned in King County District Court Cause No. 7089 for widening Occidental Avenue, pursuant to City of Seattle Ordinance No. 1109.
 
Section 6.  The Easement granted by SAMIS LAND CO., a Washington corporation, recorded under Recording No. 20140401000693 and dated March 21, 2014, which is attached as Exhibit 6 and incorporated into this ordinance, is accepted.  The permanent eyebolt easement is granted for the purposes of installation, construction, erection, alteration, improvement, repair, and maintenance of permanent eyebolt(s) on the building or structure located at 319 Third Avenue South.  The easement includes the following described real property:
Lots 5 and 6, Block 14, Town of Seattle, as laid out by D.S. Maynard, Commonly known as D.S. Maynard's Plat of Seattle, according to the plat thereof, recorded in Volume 1 of Plats, page(s) 23 in King County, Washington.
 
Section 7.  The Easement granted by THE POLYCLINIC, a Washington professional corporation, recorded under Recording No. 20131223001130 and dated December 17, 2013, which is attached as Exhibit 7 and incorporated into this ordinance, is accepted.  The permanent eyebolt easement is granted for the purposes of installation, construction, erection, alteration, improvement, repair, and maintenance of permanent eyebolt(s) on the building or structure located at 1110 Harvard Avenue.  The easement includes the following described real property:
Lots 1 through 7, inclusive, Block 139, and that portion of Block 138, lying Southerly of East Union Street and Northeasterly of Harvard Avenue, all in A. A. Denny's Broadway Addition to the City of Seattle, according to the plat thereof recorded in Volume 6 of Plats, page 40, in King County, Washington;
 
Together with those portions of vacated Seneca Street adjoining said Block 138 and Lots 1 and 2 of said Block 139, which attached by operation of law.
 
Section 8.  The real property conveyed in Sections 1 through 7 above is placed under the jurisdiction of the Seattle Department of Transportation.  
Section 9.  Any act consistent with the authority and prior to the effective date of this ordinance is approved and accepted.   
Section 10.  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.
 
                              _________________________________
                              President __________of the City Council
 
      Approved by me this ____ day of _____________________, 2015.
 
_________________________________
                              Edward B. Murray, Mayor
 
      Filed by me this ____ day of __________________________, 2015.
 
 
____________________________________
                              Monica Martinez Simmons, City Clerk
 
 
(Seal)
Exhibit 1:  Recorded Easement and corrected Easement granted by Brickman South Jackson LLC
Exhibit 2:  Recorded Easement granted by Samis Foundation
Exhibit 3:  Recorded Easement and corrected Easement granted by IC U.S.A. No. 8 Property Limited Partnership
Exhibit 4:  Recorded Easement granted by Burke-State Bldg, LLC
Exhibit 5:  Recorded Easement granted by Washington Shoe Building, LLC
Exhibit 6:  Recorded Easement granted by Samis Land Co.
Exhibit 7:  Recorded Easement granted by The Polyclinic