AN ORDINANCE relating to the Mercer Corridor Project West Phase; authorizing the Director of Transportation to acquire, accept, and record, on behalf of the City of Seattle, an easement for a portion of Block 73, D.T. Denny's Home Addition to the City of Seattle, from IRIS Holdings, LLC, a Washington limited liability company, to widen and extend 6th Avenue North; authorizing the Director of Transportation to acquire, accept, and record, on behalf of the City of Seattle, a bargain and sale deed for a portion of Block 63, Block 64, and Block 73, D.T. Denny's Home Addition to the City of Seattle, together with the vacated streets and vacated alleys, from IRIS Holdings, LLC, a Washington limited liability company, to widen Mercer Street; authorizing the transfer of jurisdiction of portions of Block 54, D.T. Denny's Home Addition to the City of Seattle from the Seattle Center Department to the Seattle Department of Transportation and designating it for street purposes to widen Mercer Street and 5th Avenue North; authorizing the Director of Transportation to acquire all of the property rights necessary for converting Mercer Street and Roy Street into two-way streets between 9th Avenue North and 5th Avenue West, as well as constructing bicycle, pedestrian, and transportation improvements, and constructing the street grid across Broad Street; authorizing acquisition of real property rights within the area bounded on the north by Roy Street, on the south by John Street, on the east by 9th Avenue North, and on the west by 5th Avenue West, and on Elliott Avenue West near the intersection of Elliott Avenue West and West Mercer Place, through negotiation and use of eminent domain (condemnation); authorizing payment of all other costs associated with the acquisitions; and ratifying and confirming certain prior acts.

WHEREAS, in 2006, IRIS Holdings, LLC, (IRIS) a subsidiary of the Bill & Melinda Gates Foundation entered into a Purchase Agreement where IRIS purchased the property on 5th Avenue North, known as the Seattle Center Parking Lot 2 (Lot 2); from the City for the purpose of constructing the Gates Foundation buildings; and

WHEREAS, in 2006, the City and IRIS also entered into the Mercer Right of Way Assumption Agreement that gave the City an exclusive right to reacquire a portion of Lot 2 (known as Tract A) for the purpose of widening Mercer Street; and

WHEREAS, in October 2010, the City Council passed Ordinance 123418 authorizing the execution of the Sixth Avenue Extension Agreement, superseding a prior agreement between the City and IRIS, providing that another portion of Lot 2 (known as Tract B) shall be conveyed to the City after the City has vacated a portion of Broad Street; as Tract B will not be acquired by the City until Broad Street is vacated, the City will acquire and hold Tract B as an easement until the parcel is deeded to the City; and

WHEREAS, in 2011, the City Council adopted the South Lake Union/Uptown Triangle Mobility Plan. The Plan integrates: the Mercer Corridor East Project; the Mercer Corridor Project West Phase, the project this ordinance authorizes (the Project); the Bored Tunnel; and prior transportation recommendations for the South Lake Union and Uptown neighborhoods; and

WHEREAS, the Project reconnects the street grid in the vicinity of the Gates Foundation, extends 6th Avenue North between Mercer and Harrison Streets, and widens Mercer Street for conversion to the future six-lane Mercer Street Underpass east of 5th Avenue North, creating a continuous two-way connection between Interstate 5 and Elliott Avenue West; and

WHEREAS, the City needs Tract A, a fifty-foot strip along Mercer Street to widen Mercer Street; and Tract B, a portion near the Mercer Street and Aurora Avenue North intersection to extend 6th Avenue North; and

WHEREAS, to complete the Project the City will acquire all property rights necessary for the Project, and transfer jurisdiction of property along 5th Avenue North and Mercer Street from the Seattle Center Department to the Seattle Department of Transportation and designate the property for street purposes; NOW, THEREFORE,

BE IT ORDAINED BY THE CITY OF SEATTLE AS FOLLOWS:

Section 1. The Director of Transportation (Director) or his designee is authorized to acquire, accept, and record with King County, a bargain and sale deed from IRIS, on the following described real property in Seattle, King County, Washington (a portion of tax parcel No. 198820-1155):

A portion of Parcel B, of City of Seattle Lot Boundary Adjustment No. 3008913, recorded under King County Recording No. 20080702900011, more particularly described as follows:

The North 50.00 feet thereof;

Containing an area of 42,941 square feet or 0.9858 acres, more or less.

Situate in the City of Seattle, King County, Washington State.

As generally shown on Attachment A.

Section 2. The deed property rights when recorded shall be placed under the jurisdiction of the Seattle Department of Transportation and is designated for street purposes.

Section 3. The property described in Section 1, the block being bounded on the north by Mercer Street, on the south by Harrison Street, on the east by Aurora Avenue North, and to the west by 5th Avenue North, is dedicated for street purposes and is laid off, opened, widened, extended, and established.

Section 4. The Director or his designee is authorized to acquire, accept, and record with King County, an easement from IRIS granting to the City the right to enter, construct, operate, and maintain transportation infrastructure over the following described real property in Seattle, King County, Washington (a portion of tax parcel No. 198820-1155) :

That portion of Parcel B of Lot Boundary Adjustment Number 308913, recorded under Recording Number 20080702900011, Records of King County, State of Washington, more particularly described as follows;

Commencing at the Northeasterly most corner of said Parcel B;

Thence South 01 degrees 28'03" West, along the Westerly margin of Condemnation Ordinance Number 59179 and 84452, a distance of 50.00 feet to the True Point of Beginning;

Thence continuing South 01 degrees 28'03" West, along said Westerly margin, a distance of 6.88 feet to the beginning of a non-tangent curve, concave to the West, which center bears North 83 degrees 58'23" West, and a radius of 790.00 feet;

Thence along said curve an arc distance of 78.82 feet, through a central angle of 05 degrees 45'59" to the beginning of a compound curve, which center bears North 78 degrees 15'24" West, and a radius of 350.00 feet;

Thence along said curve an arc distance of 192.74 feet, through a central angle of 31 degrees 33'08";

Thence South 43 degrees 17'44" West, a distance of 109.46 feet;

Thence South 44 degrees 34'12" West, a distance of 90.19 feet;

Thence South 43 degrees 44'08" West, a distance of 75.94 feet to the beginning of a non-tangent curve, concave to the Southeast which center bears South 67 degrees 12'19" East, and a radius of 369.00 feet;

Thence, departing said Westerly margin, along said curve an arc distance of 120.49 feet, through a central angle of 18 degrees 42'31" to the beginning of a reverse curve concave to the Northwest, which center bears North 46 degrees 30'30" West, and a radius of 1037.78 feet;

Thence along said curve an arc distance of 41.84 feet, through a central angle of 02 degrees 18'36" to the beginning of a compound curve which center bears North 49 degrees 27'49" West, and a radius of 476.00 feet;

Thence along said curve an arc distance of 95.34 feet, through a central angle of 11 degrees 28'33" to the beginning of a compound curve, concave to the Northwest, which center bears North 60 degrees 44'29" West, and a radius of 447.62 feet;

Thence along said curve an arc distance of 100.47 feet, through a central angle of 12 degrees 51'38" to the beginning of a compound curve, concave to the West, which center bears North 73 degrees 36'07" West, and a radius of 447.62 feet;

Thence along said curve an arc distance of 71.92 feet; through a central angle of 12 degrees 18'31";

Thence North 02 degrees 17'22" West, a distance of 28.45 feet to the beginning of a non-tangent curve, concave to the West, which center bears South 85 degrees 14'44" West, and a radius of 108.00 feet;

Thence along said curve an arc distance of 42.34 feet, through a central angle of 67 degrees 22'51" to a line 89.50 feet South of the centerline of Mercer Street, measured at right angles;

Thence South 88 degrees 42'03" East, along said line, a distance of 134.07 feet to the True Point of Beginning;

Containing an area of 25,791 square feet or 0.5921 acres, more or less;

Situate in the City of Seattle, King County, State of Washington.

As generally shown on Attachment B.

Section 5. The easement property rights when recorded shall be placed under the jurisdiction of the Seattle Department of Transportation and is designated for street purposes.

Section 6. Jurisdiction over the following described property is transferred from the Seattle Center Department to the Seattle Department of Transportation and designated for street purposes (portions of tax parcel No. 198820-0705):

A portion of Lots 1, 2, 13, 14 and vacated alley, under Vacation Ordinance No. 90267, of Block 54 of D.T. Denny's Home Addition to the City of Seattle, Volume 3, Page 115 of Plats, lying South and West of the South line of Transfer of Jurisdiction Ordinance (TJO) No. 93970 and North and Northwest of the following described line;

Commencing at the intersection of the South margin of Mercer Street, also being the South line of said TJO No. 93970 and the East margin of 4th Avenue North;

Thence South 01 degrees 26' 04" West along said East margin, a distance of 7.02 feet to the True Point of Beginning of this described line;

Thence North 32 degrees 27' 52" East, a distance of 5.28 feet;

Thence South 88 degrees 41' 28" East, a distance of 94.44 feet to the beginning of a tangential curve, concave to the South, having a radius of 482.00 feet;

Thence along said curve 62.82 feet, through a central angle of 07 degrees 28' 04";

Thence South 81 degrees 13' 25" East, a distance of 64.56 feet to the Southwest margin of said TJO No. 93970 and the terminus of this described line.

Containing an area of 979.9 square feet, more or less.

Situate in the City of Seattle, King County, Washington State.

AND

A portion of Lots 4 through 7 of Block 54 of D. T. Denny's Home Addition to the City of Seattle, Volume 3, Page 115 of Plats,

The East 12.00 feet of Lots 4 through 7 of said Block 54;

Except for any portion thereof which falls within Transfer of Jurisdiction Ordinance No. 93970.

Containing an area of 1,923 square feet, more or less.

Situate in the City of Seattle, King County, Washington State.

As generally shown on Attachment C.

Section 7. The property described in Section 6, the block being bounded on the north by Mercer Street, on the south by Republican Street, on the east by 5th Avenue North, and on the west by 4th Avenue North; is dedicated for street purposes, and is laid off, opened, widened, extended and established.

Section 8. Public convenience and necessity require that real property interests generally shown on Attachments D and E of this ordinance, located in the City of Seattle, County of King, State of Washington; together with all rights, privileges and other property pertaining to the real property interests, be acquired for transportation and related purposes through negotiations and use of eminent domain (condemnation) if necessary, in connection with the Project.

Section 9. The Director or his designee is authorized to: determine the portions and interests of the properties shown on Attachments D and E that are necessary for the Project, negotiate and enter into written agreements for and acquire, after paying just compensation, the real property interests that are necessary for the Project; and accept and record deeds and other written instruments on behalf of the City by attaching to the instrument the Director's written acceptance and recording the deed or other written instrument. The property or real property interests acquired shall be accepted for transportation and general municipal purposes and placed under the jurisdiction of the Seattle Department of Transportation. The acquisition costs, including purchase price and transaction costs, together with relocation benefits to the extent required by law, shall be paid from the funds appropriated, or to be appropriated, for such purposes in connection with the Project.

Section 10. The City Attorney is authorized to commence and prosecute proceedings in the manner provided by law to condemn, take, damage, and appropriate in fee simple the lands and other property interests determined by the Director of Transportation or his designee to be necessary to the Project; provided the lands, rights, and privileges, and other property are to be appropriated and taken only after just compensation has been made or paid into court for the owners in the manner provided by law; and to stipulate for the purpose of minimizing damages.

Section 11. Any act consistent with the authority and prior to the effective date of this ordinance, including without limitation, accepting a bargain and sale deed and easement, is approved and accepted.

Section 12. 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 ________________________, 2012, and signed by me in open session in authentication of its passage this _____ day of ___________________, 2012.

_________________________________

President __________of the City Council

Approved by me this ____ day of _____________________, 2012.

_________________________________

Michael McGinn, Mayor

Filed by me this ____ day of __________________________, 2012.

____________________________________

Monica Martinez Simmons, City Clerk

(Seal)

Attachment A: Tract A Map (268 KB PDF)

Attachment B: Tract B Map (737 KB PDF)

Attachment C: Transfer of Jurisdiction Map (399 KB PDF)

Attachment D: Mercer Corridor Project: Preliminary Right-ofWay/Properties Affected Description Map (385 KB PDF)

Attachment E: Contact List for Properties Affected (Preliminary) (383 KB PDF)

Gretchen M. Haydel SDOT Mercer Corridor Project West Phase Acquisition ORD April 25, 2012 Version #5b