SEATTLE CITY COUNCIL - Record No: CB 120724

• Record No: CB 120724
• Version: 1
• Council Bill No: CB 120724
• Type: Ordinance (Ord)
• Status: Passed
• Current Controlling Legislative Body: City Clerk
• On agenda: 12/12/2023
• Ordinance No: Ord 126972
• Title: AN ORDINANCE vacating a portion of Northeast 48th Street, lying between 24th Avenue Northeast and the Burke Gilman Trail, in the University District, and accepting a Property Use and Development Agreement outlining ongoing Petitioner obligations and responsibilities related to the Burke Gilman Trail connection, on the petition of Trinity Trailside LLC (Clerk File 314380).
• Sponsors: Alex Pedersen
• Supporting documents: 1. Summary and Fiscal Note, 2. Summary Att A – NE 48th Street Vacation Area Map, 3. Presentation, 4. Central Staff Memo, 5. Signed Ordinance 126972, 6. Affidavit of Publication

Date	Ver.	Action By	Action	Result
12/28/2023	1	City Clerk	attested by City Clerk
12/28/2023	1	Mayor	returned
12/28/2023	1	Mayor	Signed
12/18/2023	1	City Clerk	submitted for Mayor's signature
12/12/2023	1	City Council	passed	Pass
12/5/2023	1	Transportation and Seattle Public Utilities	pass	Pass
11/21/2023	1	City Council	referred
11/9/2023	1	Council President's Office	sent for review
11/8/2023	1	City Clerk	sent for review
11/8/2023	1	Mayor	Mayor's leg transmitted to Council

CITY OF SEATTLE

ORDINANCE __________________

COUNCIL BILL __________________

title

AN ORDINANCE vacating a portion of Northeast 48^th Street, lying between 24^th Avenue Northeast and the Burke Gilman Trail, in the University District, and accepting a Property Use and Development Agreement outlining ongoing Petitioner obligations and responsibilities related to the Burke Gilman Trail connection, on the petition of Trinity Trailside LLC (Clerk File 314380).

body

WHEREAS, Trinity Trailside LLC, filed a petition under Clerk File 314380 to vacate a portion Northeast 48^th Street, lying between 24^th Avenue Northeast and the Burke Gilman Trail; and

WHEREAS, following a May 21, 2019, public hearing on the petition, the Seattle City Council (“City Council”) conditionally granted the petition on May 28, 2019; and

WHEREAS, a Property Use and Development Agreement recorded on October 12, 2023, with the King County Recorder’s Office under Recording No. 20231012000406 commits the Petitioner and their successors to fulfill ongoing public-benefit obligations required as part of the vacation; and

WHEREAS, a Property Use and Development Agreement recorded on October 12, 2023, with the King County Recorder’s Office under Recording No. 20231012000406 also commits the Petitioner and their successors to fulfill ongoing maintenance and other obligations as related to the Burke Gilman Trail connection to 24^th Avenue Northeast, with Seattle Public Utilities and the Department of Parks and Recreation; and

WHEREAS, as provided for in RCW 35.79.030 and Seattle Municipal Code Chapter 15.62, the petitioner has paid the City a vacation fee of $3,065,000 on January 11, 2021, which is the full appraised value of the property; and

WHEREAS, the petitioner has met all conditions imposed by the City Council in connection with the vacation petition; and

WHEREAS, vacating a portion of Northeast 48^th Street, lying between 24^th Avenue Northeast and the Burke Gilman Trail, is in the public interest; NOW, THEREFORE,

BE IT ORDAINED BY THE CITY OF SEATTLE AS FOLLOWS:

Section 1.  A portion of Northeast 48^th Street, lying between 24^th Avenue Northeast and the Burke Gilman Trail, described below, is vacated:

THAT PORTION OF THE NORTH HALF OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 9, TOWNSHIP 25 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS:

COMMENCING AT THE SOUTHEASTERN MOST CORNER OF THAT STRIP OF LAND CONVEYED TO THE CITY OF SEATTLE BY DOCUMENT RECORDED UNDER KING COUNTY RECORDING NUMBER 4967657, SAID CORNER BEING ON THE WEST MARGIN OF THE 25^TH AVENUE RIGHT-OF-WAY AND ALSO ON THE SOUTH MARGIN OF THE NE 47^TH STREET RIGHT-OF-WAY, THENCE NORTH 88 DEGREES 47'27" WEST ALONG SAID SOUTH MARGIN, 188.05 FEET TO THE WEST MARGIN OF THE 24^TH AVENUE NE RIGHT-OF-WAY;

THENCE NORTH 00 DEGREES 59'01" EAST ALONG LAST SAID WESTERN MARGIN, 327.72 FEET TO THE POINT OF BEGINNING, SAID POINT OF BEGINNING ALSO LYING ON THE SOUTH MARGIN OF THE NE 48^TH STREET RIGHT-OF-WAY;

THENCE NORTH 88 DEGREES 47'06" WEST ALONG THE LAST SAID SOUTH MARGIN, 243.84 FEET TO THE EAST MARGIN OF THE BURKE GILMAN TRAIL (FORMERLY NORTHERN PACIFIC RAILROAD COMPANY'S RIGHT-OF-WAY);

THENCE NORTHERLY ALONG SAID EAST MARGIN 40 FEET MORE OR LESS TO THE NORTH MARGIN OF SAID NE 48^TH STREET RIGHT-OF-WAY;

THENCE SOUTH 88 DEGREES 47'06" EAST ALONG SAID NORTH MARGIN, 242.89 FEET TO SAID WEST MARGIN OF THE NE 24^TH AVENUE NE RIGHT-OF-WAY;

THENCE SOUTH 00 DEGREES 59'01" WEST 40.00 FEET TO THE POINT OF BEGINNING SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON.

Section 2. The Property Use and Development Agreement, King County Recording No. 20231012000406, 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 _________________________, 2023, and signed by me in open session in authentication of its passage this _____ day of _________________________, 2023.

____________________________________

President ____________ of the City Council

       Approved /       returned unsigned /       vetoed this _____ day of _________________, 2023.

____________________________________

Bruce A. Harrell, Mayor

Filed by me this ________ day of _________________________, 2023.

____________________________________

Scheereen Dedman, City Clerk

(Seal)

Exhibits:

Exhibit 1 - Property Use and Development Agreement