Record No: CB 120371    Version: 1 Council Bill No: CB 120371
Type: Ordinance (Ord) Status: Passed
Current Controlling Legislative Body City Clerk
On agenda: 7/26/2022
Ordinance No: Ord 126637
Title: AN ORDINANCE relating to the Department of Finance and Administrative Services; declaring a portion of Lot 31, Block 2, Kramer Heights Addition, Volume 13 of Plats, page 66, that is not needed for street purposes, as surplus to the City's needs; authorizing the sale of said northern 45 feet of the property to the owners of the adjoining property at fair market value; and authorizing the transfer of the southern 65 feet of the property to the owners of the adjoining property, with covenants on the property to benefit affordable housing; authorizing the Director of Finance and Administrative Services to execute all documents for the transfer of the properties; and directing how the proceeds from the sale shall be distributed.
Sponsors: Teresa Mosqueda
Supporting documents: 1. Summary and Fiscal Note, 2. Summary Att A - Map of Snippet at 38th Ave S and South Angeline St, 3. Presentation, 4. Signed Ordinance 126637

CITY OF SEATTLE

ORDINANCE __________________

COUNCIL BILL __________________

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AN ORDINANCE relating to the Department of Finance and Administrative Services; declaring a portion of Lot 31, Block 2, Kramer Heights Addition, Volume 13 of Plats, page 66, that is not needed for street purposes, as surplus to the City’s needs; authorizing the sale of said northern 45 feet of the property to the owners of the adjoining property at fair market value; and authorizing the transfer of the southern 65 feet of the property to the owners of the adjoining property, with covenants on the property to benefit affordable housing; authorizing the Director of Finance and Administrative Services to execute all documents for the transfer of the properties; and directing how the proceeds from the sale shall be distributed.

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WHEREAS, The City of Seattle (“City”) was authorized by Ordinance 52108 to acquire property for the establishment of 38th Avenue South between South Alaska Street to South Angeline Street, with the unused portion of the property to be held in fee simple for General Municipal purposes; and

WHEREAS, the Department of Finance and Administrative Services (FAS) has determined that the property does not currently serve any City function; and

WHEREAS, Resolution 29799, adopted in 1998, as amended by Resolution 30862 in 2006, Resolution 31770 in 2017, and Resolution 31837 in 2018, adopted procedures by the Seattle City Council regarding property reuse and disposition of City-owned property (“Property Disposition Procedures”); and

WHEREAS, FAS recommends declaring the subject property surplus to the City’s needs and requests authorization to sell and transfer the property as two separate parcels to the adjoining property owners; and

WHEREAS, the Office of Housing has tentatively awarded multifamily housing funding to one adjoining property owner, El Centro de la Raza, or its affiliate or subsidiary, for the development of affordable housing; and

WHEREAS, the Office of Housing and El Centro de la Raza need the City-owned property to maximize site development potential, which will allow the development to provide additional housing units; and

WHEREAS, the City has emphasized the use of surplus City-owned property in support of affordable housing projects; NOW, THEREFORE,

BE IT ORDAINED BY THE CITY OF SEATTLE AS FOLLOWS:

Section 1. The property legally described in this section is found and declared to be no longer required for municipal purposes and is declared surplus to the City’s needs, and due to the property’s small size and limited City utility, is determined exempt from most City Property Disposition Procedures:

That portion of Lot 31, Block 2, Kramer Heights Addition, according to the plat thereof recorded in Volume 13 of Plats, Page 66, in King County, Washington, described as follows:

Beginning at a point on the south line of said lot, said point being distant 25.00 feet from the southwest corner of said Lot;

Thence east along said south line 5.00 feet to the southeast corner of said Lot;

Thence north along the east line of thereof a distance of 110.00 feet to the northeast corner thereof;

Thence west along the north line thereof a distance of 2.96 feet;

Thence south along a straight line a distance of 110.01 feet to the point of beginning.

Together with that portion of vacated alley adjoining on the North, as vacated by City of Seattle Ordinance No. 91076, which upon vacation would attach by operation of law.

Section 2. The Director of Finance and Administrative Services (FAS) or the Director’s designee is authorized to negotiate the purchase and sale agreement and any ancillary documents including minor modifications to legal descriptions, to accomplish the sale and transfer at fair market value to the owner of the adjacent property, 4732 38th Avenue S, the property legally described as follows:

That portion of Lot 31, Block 2, Kramer Heights Addition, according to the plat thereof recorded in Volume 13 of Plats, Page 66, in King County, Washington, described as follows:

Beginning at a point on the south line of said lot, said point being distant 25.00 feet from the southwest corner of said Lot;

Thence east along said south line 5.00 feet to the southeast corner of said Lot;

Thence north along the east line of thereof a distance of 110.00 feet to the northeast corner thereof;

Thence west along the north line thereof a distance of 2.96 feet;

Thence south along a straight line a distance of 110.01 feet to the point of beginning.

Together with that portion of vacated alley adjoining on the North, as vacated by City of Seattle Ordinance No. 91076, which upon vacation would attach by operation of law,

Less the south 65 feet.

Section 3. The Director of FAS or the Director’s designee is authorized to negotiate a transfer agreement and any ancillary documents including minor modifications to legal descriptions, to accomplish the sale and transfer at fair market value, or in exchange for an Office of Housing Regulatory Agreement fully executed and recorded to run with the land, to the owner of the adjacent property, 3728 S Angeline Street, the property legally described as follows:

The South 65 feet of the property beginning at a point on the south line of said lot, said point being distant 25.00 feet from the southwest corner of said Lot;

Thence east along said south line 5.00 feet to the southeast corner of said Lot;

Thence north along the east line of thereof a distance of 110.00 feet to the northeast corner thereof;

Thence west along the north line thereof a distance of 2.96 feet;

Thence south along a straight line a distance of 110.01 feet to the point of beginning.

Section 4. Any transfer of the property shall be by quitclaim deed and without warranty as to the condition or title of the property.

Section 5. Any proceeds from the sale of the property will be deposited into the Low-Income Housing Fund (16400).

Section 6. 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 _________________________, 2022, and signed by me in open session in authentication of its passage this _____ day of _________________________, 2022.

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President ____________ of the City Council

Approved / returned unsigned / vetoed this ________ day of _________________, 2022.

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Bruce A. Harrell, Mayor

Filed by me this ________ day of _________________________, 2022.

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Monica Martinez Simmons, City Clerk

(Seal)