CITY OF SEATTLE
ORDINANCE __________________
COUNCIL BILL __________________
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AN ORDINANCE vacating a portion of 39th Avenue South, lying south of South Willow Street and between Tract 2 of Coffman Garden Tracts, in the Othello neighborhood, and accepting a Property Use and Development Agreement, on the petition of Willow Crossing LLLP (Clerk File 314422).
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WHEREAS, Willow Crossing LLLP, filed a petition under Clerk File 314422 to vacate a portion of 39th Avenue South, lying south of South Willow Street and between Tract 2 of Coffman Garden Tracts; and
WHEREAS, following a November 20, 2019 public hearing on the petition, the Seattle City Council (“City Council”) conditionally granted the petition on November 25, 2019; and
WHEREAS, a Property Use and Development Agreement recorded on March 1, 2022, with the King County Recorder’s Office under Recording No. 20220301001102 commits the Petitioner and their successors to fulfill on going public-benefit obligations required as part of the vacation; 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 $525,000 on November 19, 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 39th Avenue South, lying south of South Willow Street and between Tract 2 of Coffman Garden Tracts, is in the public interest;
NOW, THEREFORE,
BE IT ORDAINED BY THE CITY OF SEATTLE AS FOLLOWS:
Section 1. A portion of 39th Avenue South, lying south of South Willow Street and between Tract 2 of Coffman Garden Tracts, described below, is vacated:
A portion of 39th Avenue South lying south of South Willow Street and between Tract 2 of Coffman Garden Tracts, as recorded in Volume 10 of Plats on page 17, and Block 16, Hillman City Addition, as recorded in Volume 11 of Plats on page 23 all in the Southeast quarter of the Northwest quarter of Section 27, Township 24 North, Range 4 East of the Willamette Meridian, as more particularly described:
BEGINNING at the Southeast corner of said Tract 2;
THENCE North 88°59'33" West, along the South line of said Tract 2, 25.00 feet to a line 25.00 feet West of and parallel with the East line of said Tract 2;
THENCE North 00°18' 12" East, along said parallel line, 104.68 feet to a line 25.00 feet South of and parallel with the north line of said Tract 2 (also being the centerline of South Willow Street);
THENCE South 88°53'43" East, 25.00 feet to the intersection of the East line of said Tract 2 and a line 5.00 feet South of and parallel with the North line of said Block 16;
THENCE South 00°18' 12" West, along said East line, 104.64 feet to the TRUE POINT OF BEGINNING (Clerk File 314422).
Section 2. The Property Use and Development Agreement, King County Recording No. 20220301001102, 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 _________________________, 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)
Exhibits:
Exhibit 1 - Property Use and Development Agreement