CITY OF SEATTLE
ORDINANCE __________________
COUNCIL BILL __________________
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AN ORDINANCE relating to the Department of Parks and Recreation; authorizing the acquisition of real property commonly known as 7900 10th Avenue South; authorizing acceptance of a recording of the deed for open space, park, and recreation purposes; and ratifying and confirming certain prior acts.
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WHEREAS, the City Council passed Ordinance 124468 in 2014, authorizing an interlocal agreement between The City of Seattle (“City”) and the Seattle Park District, which included the Seattle Park District Financial Plan: 2015-2020; and
WHEREAS, the Seattle Park District Financial Plan: 2015-2020 includes the Park Land Acquisition and Leverage Fund, which is to be used to acquire park lands, including acquisition of properties to fill gaps in existing public ownership; and
WHEREAS, the City has operated Duwamish Waterway Park (“Park”) on both King County-owned and City-owned property for over 40 years, and the Park has provided open space opportunities to Seattle’s residents, including the South Park community; and
WHEREAS, King County has declared its portion of the Park surplus property and it is in the best interest of the City to acquire the property to add open space and ensure the Park will retain its current configuration and fully public character; and
WHEREAS, the Seattle Parks Foundation is undertaking a fundraising campaign intended to leverage private donor funding to upgrade Park design, ADA accessibility, and equipment; NOW, THEREFORE,
BE IT ORDAINED BY THE CITY OF SEATTLE AS FOLLOWS:
Section 1. The Superintendent of Parks and Recreation (“Superintendent”), or the Superintendent’s designee, is authorized, on behalf of The City of Seattle, to acquire the following described real property, situated in the City of Seattle, County of King, State of Washington, and commonly known as the property at 7900 10th Avenue South (“Property”), together with all rights, privileges, and other property pertaining thereto, for open space, park, and recreation purposes:
LOTS 1 THROUGH 9 AND LOT 48, TOGETHER WITH THE WEST 9 FEET OF LOTS 10 AND 47, BLOCK 13, RIVER PARK, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 7 OF PLATS, PAGE 4, RECORDS OF KING COUNTY, WASHINGTON;
EXCEPT THOSE PORTIONS THEREOF CONDEMNED IN KING COUNTY SUPERIOR COURT CAUSE NO. 82673 FOR COMMERCIAL WATER WAY DISTRICT No. 1;
TOGETHER WITH THOSE PORTIONS OF VACATED MONROE STREET ABUTTING THEREON WHICH ATTACHED THERETO BY OPERATION OF LAW;
AND ALSO LOTS 1 THROUGH 9 AND LOTS 47 AND 48, BLOCK 22, RIVER PARK ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 7 OF PLATS, PAGE 41, RECORDS OF KING COUNTY, WASHINGTON;
EXCEPT THOSE PORTIONS THEREOF CONDEMNED IN KING COUNTY SUPERIOR COURT CAUSE NO. 82673 FOR COMMERCIAL WATER WAY DISTRICT NO. 1;
TOGETHER WITH THOSE PORTIONS OF VACATED MONROE STREET ABUTTING THEREON WHICH ATTACHED THERETO BY OPERATION OF LAW.
Section 2. The Superintendent, or the Superintendent’s designee, is authorized to execute and perform on behalf of The City of Seattle a Real Estate Purchase and Sale Agreement (“Agreement”) with King County substantially in the form of Attachment 1 to this ordinance, as amended by the First Amendment to Real Estate Purchase and Sale Agreement (“First Amendment”) substantially in the form of Attachment 2 to this ordinance, by which the City will acquire the Property in exchange for a purchase price of $1,000,000 and other promises set forth in the Agreement; and to accept a deed for the Property consistent with the terms of the Agreement by executing a Deed Acceptance Certificate substantially in the form of Attachment 3 to this ordinance..
Section 3. The Property shall be placed under the jurisdiction of Seattle Parks and Recreation.
Section 4. Any act consistent with the authority of this ordinance, including but not limited to execution of the Agreement and First Amendment, taken prior to its effective date is ratified and confirmed.
Section 5. 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:
Attachment 1 - Purchase and Sale Agreement
Attachment 2 - First Amendment to Purchase and Sale Agreement
Attachment 3 - Deed Acceptance Certificate