CITY OF SEATTLE
ORDINANCE __________________
COUNCIL BILL __________________
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AN ORDINANCE vacating the alley in Block 1, Witt’s Addition, on the petition of 2026 Madison Corner, LLC and LMC 2026 Madison Holdings, LLC (Clerk File 306083).
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WHEREAS, DEF, Inc. filed a petition under Clerk File 306083 to vacate the alley in Block 1, Witts Addition; and
WHEREAS, 2040 East Madison, LLC succeeded DEF, Inc. in interest; and
WHEREAS, 2026 East Madison, LLC; 2015 East Denny, LLC; DN Phase I Retail, LLC; and DN Phase I Townhomes, LLC succeeded 2040 East Madison, LLC in interest; and
WHEREAS, 2026 Madison Corner, LLC and LMC 2026 Madison Holdings, LLC are the successors in interest and the current petitioners (“Petitioners”); and
WHEREAS, following a March 12, 2004, public hearing on the petition, the Seattle City Council (“City Council”) conditionally granted the petition on April 5, 2004; and
WHEREAS, the City Council granted an extension on February 18, 2009, and a second extension on May 22, 2013; and
WHEREAS, a Property Use and Development Agreement recorded on December 19, 2018, with the King County Recorder’s Office under Recording No. 20181219000761 commits the Petitioners 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 January 29, 2018, the Petitioners paid the City a vacation fee of $724,000, which is the full appraised value of the property; and
WHEREAS, the Petitioners have met all conditions imposed by the City Council in connection with the vacation petition; and
WHEREAS, vacating the alley in Block 1, Witt’s Addition is in the public interest; NOW, THEREFORE,
BE IT ORDAINED BY THE CITY OF SEATTLE AS FOLLOWS:
Section 1. The alley in Block 1, Witt’s Addition, located in the Central Area neighborhood of Seattle and described below is vacated:
Alley in Block 1, Witt’s Addition, as recorded in Volume 9 of Plats, page 42 Records of King County, Washington, being the northeast-southwest oriented alley in the eastern half of the area bounded by East Denny Way, East Madison Street, and 20th Avenue
Section 2. The Property Use and Development Agreement, King County Recording No. 20181219000761, 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.
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Monica Martinez Simmons, City Clerk
(Seal)
Attachments:
Exhibit 1 - Property Use and Development Agreement