Record No: CB 118789    Version: 1 Council Bill No: CB 118789
Type: Ordinance (Ord) Status: Passed
Current Controlling Legislative Body City Clerk
On agenda: 12/12/2016
Ordinance No: Ord 125219
Title: AN ORDINANCE vacating the remaining north 40 feet of the alley in Block 18, being the remaining portion of the alley in the block lying between East Cherry Street on the north and East Jefferson Street on the south, the alley being located approximately 140 feet west of 12th Avenue, on the petition of Seattle University (Clerk File 305367).
Sponsors: Mike O'Brien
Supporting documents: 1. Summary and Fiscal Note, 2. Summary Att A - Vacation Area Map, 3. Presentation, 4. Signed Ordinance 125219, 5. Affidavit of Publication

CITY OF SEATTLE

ORDINANCE __________________

COUNCIL BILL __________________

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AN ORDINANCE vacating the remaining north 40 feet of the alley in Block 18, being the remaining portion of the alley in the block lying between East Cherry Street on the north and East Jefferson Street on the south, the alley being located approximately 140 feet west of 12th Avenue, on the petition of Seattle University (Clerk File 305367).

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WHEREAS, in 1922, in Ordinance 43433, the City Council granted the vacation of the southern portion of the alley in Block 18, and a portion of East James Street on the petition of Seattle School District No. 1; and

WHEREAS, subsequently the City Council granted numerous vacations including portions of 10th Avenue, 11th Avenue, East James Street and various alleys which resulted in a large contiguous parcel bounded by East Cherry Street, 12th Avenue, East Jefferson Street, Broadway, and East James Way; and

WHEREAS, following these vacations, the north 40 feet of the alley in Block 18 are the remaining right-of-way in the consolidated parcel; and

WHEREAS, in 2003, Seattle University filed a petition under Clerk File 305367 to vacate the remaining north 40 feet of the alley in Block 18, described as the remaining portion of the alley in the block bounded by East Cherry Street, 12th Avenue, East James Street as vacated in City of Seattle Ordinance 43433, and 11th Avenue as vacated in City of Seattle Ordinance 112623, for the expansion of Seattle University’s existing sports field (“Logan Sports Field”), and reorientation of access to the sports field block, additional landscaping and clearer entry; and

WHEREAS, Clerk File 305367 also included the vacation of the alley in Block A, the alley in the block bounded by 12th Avenue, East Cherry Street, 13th Avenue, and East James Court, for a student housing project with retail and below-grade parking; and

WHEREAS, following a September 5, 2003, public hearing on the petition, the Seattle City Council (“City Council”) conditionally granted the petition; and

WHEREAS, in 2008, Seattle University requested and City Council granted an extension of time to complete its work on these projects; and

WHEREAS, Seattle University completed work on Block A and paid a vacation fee of $300,000 for the alley in Block A which was vacated in Ordinance 123924 in 2012; and

WHEREAS, as provided for in RCW 35.79.030 and Seattle Municipal Code Chapter 15.62, the Petitioner has paid to the City a vacation fee of $121,600 on August 11, 2015, that is the full appraised value of the alley in Block 18 property; and

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

WHEREAS, vacating the remaining north 40 feet of Block 18, the remaining portion of the alley in the block bounded by East Cherry Street, 12th Avenue, and East James Street, is in the best interests of the public; NOW, THEREFORE,

BE IT ORDAINED BY THE CITY OF SEATTLE AS FOLLOWS:

Section 1. The remaining north 40 feet of the alley described below are vacated:

The remaining north 40 feet of the alley in Block 18, Eastern Addition to the Town of Seattle, as recorded in Volume 1 of Plats, page 43, Records of King County, Washington, being the portion of the alley lying south of the south margin of East Cherry Street and terminating at the north line of the portion of the alley in said Block 18 vacated by City of Seattle Ordinance 43433, in the block bounded by East Cherry Street, 12th Avenue, East James Street as vacated in City of Seattle Ordinance 43433, and 11th Avenue as vacated in City of Seattle Ordinance 112623.

Section 2. Seattle University accepts as ongoing obligations for the life of Seattle University’s Logan Sports Field expansion project to: maintain a landscaped pedestrian entry at 12th Avenue and East Cherry Street that enhances the pedestrian character of 12th Avenue; and ensure that the pedestrian entry and the existing green space at East Jefferson receive regular maintenance.

 

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 ________________________, 2016,
and signed by me in open session in authentication of its passage this _____ day of ___________________, 2016.

 

                                                                                                         ____________________________________

                                                                                                         President __________ of the City Council

 

                     Approved by me this ____ day of _____________________, 2016.

 

____________________________________

                                                                                                         Edward B. Murray, Mayor

 

                     Filed by me this ____ day of __________________________, 2016.

 

____________________________________

                                                                                                         Monica Martinez Simmons, City Clerk

 

(Seal)