CITY OF SEATTLE

ORDINANCE __________________

COUNCIL BILL __________________

AN ORDINANCE relating to the redevelopment of Yesler Terrace; authorizing the execution of Lot Boundary Adjustment #3016027; authorizing an exchange of property between the City of Seattle and the Housing Authority of the City of Seattle to complete the Lot Boundary Adjustment to allow for the dedication of the new South Washington Street as part of the final plat of Yesler Terrace Community; and finding, after a public hearing, that the exchange of property meets the requirements of Ordinance 118477, which adopted Initiative 42.

WHEREAS, the Housing Authority of the City of Seattle, a public body corporate and politic ("SHA"), is redeveloping the Yesler Terrace public housing development; and

WHEREAS, in anticipation of the redevelopment, the City Council granted preliminary approval with conditions of SHA's street vacation petition on September 4, 2012 (City of Seattle Clerk's File No. 311389) ("Preliminary Street Vacation Approval"). The Preliminary Street Vacation Approval provides, among other things, requirements for street dedication by SHA, including a realignment of South Washington Street; and

WHEREAS, the realigned South Washington Street includes a 2,492 square foot portion of property ("City Property") under the jurisdiction of the Department of Parks and Recreation ("Parks") that is part of the Yesler Terrace Community Center property and currently improved with a play area; and

WHEREAS, the Preliminary Street Vacation Approval also required that SHA submit a preliminary plat to the Department of Planning and Development consistent with the Preliminary Street Vacation Approval; and

WHEREAS, pursuant to the decision of the Seattle Hearing Examiner in MUP-13-016(SD), the City granted preliminary plat approval for Yesler Terrace, subject to conditions, on August 30, 2013 ("Preliminary Plat Approval"); and

WHEREAS, one of the conditions of the Preliminary Plat Approval is that prior to final plat approval a Lot Boundary Adjustment must be recorded between SHA and City of Seattle related to the dedication of the new S. Washington Street right-of-way; and

WHEREAS, SHA has prepared, at its sole cost and expense, and received preliminary approval of Lot Boundary Adjustment #3016027, a copy of which is attached to this ordinance as Attachment 1; and

WHEREAS, to complete the Lot Boundary Adjustment to allow for the realignment of South Washington Street, SHA proposes to transfer to the City an equivalently-sized parcel adjacent to the Yesler Terrace Community Center ("Exchange Property") in exchange for the City's transfer to SHA of the City Property; and

WHEREAS, pursuant to a Cooperative Agreement between SHA and the City executed December 21, 2012, SHA will deed property to be known as Lot 1, Block 1 Yesler Terrace Community to the City for a neighborhood park to serve the Yesler Terrace community; and

WHEREAS, a new play area, of better quality, better location and better accessibility, will be constructed as part of the new neighborhood park; and

WHEREAS, SHA and Parks desire that Parks be able to continue operating the existing play area until the new neighborhood park is constructed; and

WHEREAS, SHA will grant a license to Parks, free of charge, to operate the existing play area from the date of transfer of the City Property to SHA until the date of recording of the final plat of Yesler Terrace Community; and

WHEREAS, the existing play area will be located in the unimproved right-of-way of South Washington Street from the date of recording of the final plat of Yesler Terrace Community; and

WHEREAS, SHA, at its sole cost and expense, will obtain a street use permit from the Seattle Department of Transportation for the benefit of Parks for the operation of the existing play area from the date of recording of the final plat of Yesler Terrace Community until the earlier of the date that SHA begins construction of street infrastructure improvements in the new South Washington Street right-ofway in front of the Yesler Terrace Community Center and the new neighborhood park, or the date of completion of the new play area in the new neighborhood park; and

WHEREAS, Ordinance 118477, which adopted Initiative 42, requires that lands and facilities held for park and recreation purposes not be transferred unless the City first holds a public hearing regarding the necessity of the transaction and then enacts an ordinance finding the transaction is necessary because there is no reasonable and practical alternative; and

WHEREAS, Ordinance 118477 also states that the City shall receive in exchange land or a facility of equivalent or better size, value, location, and usefulness in the vicinity, serving the same community and the same park purpose; and

WHEREAS, Parks recommends that the proposed property exchange in the context of the redevelopment of Yesler Terrace and the development of a new neighborhood park meet the intent and spirit of the requirements of Ordinance 118477 because the transfer of the City Property to SHA is necessary, the Exchange Property is equivalent in size and location and usefulness, and the new neighborhood park will provide a new and improved play area serving the same community; and

WHEREAS, the City Council has held a public hearing in accordance with the requirements of Ordinance 118477; NOW, THEREFORE,

BE IT ORDAINED BY THE CITY OF SEATTLE AS FOLLOWS:

Section 1. The City Council finds that the exchange of property described in Section 3 below meets the requirements of Ordinance 118477, adopting Initiative 42, as follows: (a) the transaction is necessary because there is no reasonable and practical alternative method for the Housing Authority of the City of Seattle ("SHA") to comply with dedication conditions of the City Council's preliminary approval of SHA's street vacation petition (City of Seattle Clerk's File No. 311389) and conditions imposed by the Seattle Hearing Examiner's preliminary plat approval for Yesler Terrace (MUP-13-016(SD)); (b) the Exchange Property and the City Property, described respectively in Sections 3 and 4 below, are equivalent in size and location and substantially equivalent in value; and (c) the park purposes of the City Property will be duplicated and improved in a new neighborhood park adjacent to the Yesler Terrace Community Center.

Section 2. The Superintendent of Parks and Recreation or his designee ("Superintendent") is authorized to execute Lot Boundary Adjustment #3016027, a copy of which is attached hereto as Attachment 1 ("LBA").

Section 3. Upon final approval and recording by the Department of Planning and Development of the LBA, the Superintendent, or his designee, is authorized, on behalf of the City of Seattle, to accept a statutory warranty deed, subject to such title exceptions as the Superintendent deems appropriate (including a restrictive covenant imposed by the United States Department of Housing and Urban Development concerning use of the property for park purposes), from SHA for open space, park, and recreation purposes, by attaching to the deed his written acceptance thereof, and record the same in the King County records, to the following described property ("Exchange Property"):

A PORTION OF PARCEL A OF CITY OF SEATTLE SHORT PLAT NO. 2207828, RECORDED UNDER KING COUNTY RECORDING NO. 20030612900016, MORE PARTICULARILY AS FOLLOWS;

BEGINNING AT THE NORTHWEST CORNER OF PARCEL B OF SAID SHORT PLAT NO. 2207828;

THENCE SOUTH 01 degrees 32'44" WEST, A DISTANCE OF 116.92 FEET;

THENCE SOUTH 79 degrees 44'29" WEST, A DISTANCE OF 15.78 FEET;

THENCE SOUTH 10 degrees 15'31" EAST, A DISTANCE OF 26.36 FEET TO THE TRUE POINT OF BEGINNING "A";

THENCE CONTINUING SOUTH 10 degrees 15'31" EAST, A DISTANCE OF 64.75 FEET;

THENCE NORTH 79 degrees 23'43" EAST, A DISTANCE OF 30.01 FEET;

THENCE SOUTH 54 degrees 46'18" EAST, A DISTANCE OF 13.04 FEET;

THENCE SOUTH 10 degrees 53'24" EAST, A DISTANCE OF 34.33 FEET;

THENCE NORTH 88 degrees 43'47" WEST, A DISTANCE OF 60.36 FEET;

THENCE NORTH 01 degrees 16'13" EAST, A DISTANCE OF 98.12 FEET TO THE TRUE POINT OF BEGINNING;

SITUATE IN THE CITY OF SEATTLE, KING COUNTY, WASHINGTON.

containing an area of 2,492 square feet, more or less.

Section 4. Upon receipt of the deed from SHA described in Section 3, the Superintendent is hereby authorized to execute and record, for and on behalf of the City of Seattle, a quit claim deed and such other documents as may be necessary to convey the following described property to SHA ("City Property"):

A PORTION OF PARCEL B OF CITY OF SEATTLE SHORT PLAT NO. 2207828, RECORDED UNDER KING COUNTY RECORDING NO. 20030612900016, MORE PARTICULARILY AS FOLLOWS;

BEGINNING AT THE SOUTHEAST CORNER OF SAID PARCEL B;

THENCE SOUTH 79 degrees 06'36" WEST, A DISTANCE OF 50.01 FEET TO THE TRUE POINT OF BEGINNING "B", ALSO BEING THE BEGINNING OF A TANGENTIAL CURVE, CONCAVE TO THE NORTH, WITH A RADIUS OF 175.00 FEET;

THENCE ALONG SAID CURVE A DISTANCE OF 37.14 FEET AND THROUGH A CENTRAL ANGLE OF 12 degrees 09'37";

THENCE NORTH 88 degrees 43'47" WEST, A DISTANCE OF 136.54 FEET;

THENCE SOUTH 10 degrees 53'24" EAST, A DISTANCE OF 32.69 FEET;

THENCE NORTH 79 degrees 06'36" EAST, A DISTANCE OF 170.34 FEET TO THE POINT OF BEGINNING;

SITUATE IN THE CITY OF SEATTLE, KING COUNTY, WASHINGTON.

containing an area of 2,492 square feet, more or less.

Section 5. This ordinance shall take effect and be in force thirty (30) days from and after its approval by the Mayor, but if not approved and returned by the Mayor within ten (10) days after presentation, it shall take effect as provided by Municipal Code Section 1.04.020.

Passed by the City Council the ____ day of ________________________, 2014, and signed by me in open session in authentication of its passage this

_____ day of ___________________, 2014.

_________________________________

President __________of the City Council

Approved by me this ____ day of _____________________, 2014.

_________________________________

Edward B. Murray, Mayor

Filed by me this ____ day of __________________________, 2014.

____________________________________

Monica Martinez Simmons, City Clerk

(Seal)

Attachment 1: Lot Boundary Adjustment #3016027

Chip Nevins DPR Yesler CC Land Exchange ORD July 2, 2014 Version #4