AN ORDINANCE relating to the Seattle Department of Transportation; relating to the Northgate Way improvement project; authorizing the Director of the Department of Transportation to acquire, accept, and record on behalf of the City of Seattle, a warranty deed for a portion of Block 3, Elbert Place Addition to the City of Seattle, from 10501 Aurora LLC, a Washington limited liability company; authorizing the Director of the Department of Transportation to acquire, accept, and record on behalf of the City of Seattle, a warranty deed for a portion of Block 4, North Park Addition to the City of Seattle, from 10409 Aurora LLC, a Washington limited liability company; authorizing the Director of the Department of Transportation to acquire, accept, and record on behalf of the City of Seattle, a warranty deed for a portion of Block 7, Oak Lake Villa Tracts, from AVU LLC, a Washington limited liability company; authorizing the Director of the Department of Transportation to acquire, accept, and record on behalf of the City of Seattle, a warranty deed for a portion of Block 2, Oak Lake Villa Tracts, from Elsia LLC, a Washington limited liability company; authorizing the Director of the Department of Transportation to acquire, accept, and record both temporary construction easements and permanent property rights from abutting property owners located along North 105 ^th Street and North Northgate Way between Greenwood Avenue North and Corliss Avenue North, necessary or convenient for the Northgate improvement project in connection with the Arterial Asphalt and Concrete Program through negotiation and use of eminent domain (condemnation); placing the real property conveyed by such deeds and easements under the jurisdiction of the Seattle Department of Transportation and designating the property for transportation, utility and other municipal purposes; authorizing payment of all other costs associated with acquisition; and ratifying and confirming prior acts.

WHEREAS, the intersection of Northeast Northgate Way and 5 ^th Avenue Northeast has significant traffic congestion problems during peak traffic times due to the high volume of westbound vehicles turning left to go south; and

WHEREAS, driveways and through traffic are regularly blocked as a result of this traffic congestion; delaying a significant number of buses and trucks and preventing easy access to retail establishments throughout the Northgate area; and

WHEREAS, the Northgate Coordinated Transportation Investment Plan, Final Report dated September 2006, highlights the traffic congestion and public safety concerns in the Northgate area as expressed by the Northgate Stakeholders Group, a broad coalition of community interests, and various other interested community groups; and

WHEREAS, in 2010 the City was awarded a $4.5 million dollar State grant to help relieve congestion, enhance safety, and improve roadway conditions along this critical corridor; and

WHEREAS, the Seattle Department of Transportation has begun work along this corridor to enhance safety and create a more pedestrian friendly environment; and

WHEREAS, this grant allows the City to continue the necessary improvements along this critical corridor to address longstanding concerns of the Northgate community and it is in the City's best interest to invest in this project to improve the quality and condition of these arterial streets which should help alleviate traffic congestion and enhance accessibility to the Northgate area; NOW, THEREFORE,

BE IT ORDAINED BY THE CITY OF SEATTLE AS FOLLOWS:

Section 1. The Director of the Department of Transportation or his designee ("Director") is authorized to acquire, accept, and record with King County, a warranty deed from 10501 Aurora LLC, a Washington limited liability company, on the following described real property:

That portion of Parcel A of the City of Seattle Lot Boundary Adjustment recorded under Recording Number 9506703 Records of King County, Washington, situated in the Southeast quarter of the Southwest quarter of Section 30, Township 26 North, Range 4 East, W.M., described as follows;

Beginning at the Southeast corner of said Parcel A;

Thence N 00 degrees 29' 15" E along the Westerly right of way margin of Aurora Avenue North, a distance of 18.49 feet;

Thence S 47 degrees 01' 07" W a distance of 26.44 feet to the Northerly right of way margin of North 105th Street;

Thence S 88 degrees 37' 04" E along the Northerly right of way margin of North 105th Street, a distance of 19.19 feet to the Point of Beginning.

Containing 177 sq. ft., more or less

Section 2. The Director is authorized to acquire, accept, and record with King County, a warranty deed from 10409 Aurora LLC, a Washington limited liability company, on the following described real property:

That portion of Lot 13 Block 4 of North Park, an Addition to the City of Seattle, as recorded in Volume 18 of Plats, page 76, Records of King County, Washington, situated in the Northeast quarter of the Northwest quarter of Section 31, Township 26 North, Range 4 East, W.M., described as follows:

Beginning at the Northeast corner of said Lot 13;

Thence N 88 degrees 37' 44" W along the Northerly right of way margin of North 105 ^th Street a distance of 15.37 feet;

Thence S 37 degrees 51' 40" E a distance of 24.67 feet to the Westerly right of way margin of Aurora Avenue North;

Thence N 00 degrees 39' 49" E along the Westerly right of way margin of Aurora Avenue North a distance of 19.11 feet to the Point of Beginning.

Containing 147 sq. ft., more or less.

Section 3. The Director is authorized to acquire, accept, and record with King County, a warranty deed from AVU LLC, a Washington limited liability company, on the following described real property:

A 3.5 foot wide strip of land, being a portion of Lot 15, Block 7 of the Oak Lake Villa Tracts, as recorded in Volume 18, page 33, Records of King County, Washington, situated in the Southwest quarter of the Southeast quarter of Section 30, Township 26 North, Range 4 East, W.M., described as follows:

The Southerly 3.5 feet of said Lot 15 being parallel and coincident with the Northerly right of way margin of North Northgate Way.

Containing 429 sq. ft., more or less.

Section 4. The Director is authorized to acquire, accept, and record with King County, a warranty deed from ELSIA LLC, a Washington limited liability company, on the following described real property:

A 5 foot wide strip of land, being a portion of Lot 3, Block 2, of the Oak Lake Villa Tracts Division 2, as recorded in Volume 28, page 36, Records of King County, Washington, situated in the Northwest quarter of the Northeast quarter of Section 31, Township 26 North, Range 4 East, W.M., described as follows:

The Northerly 5 feet of said Lot 3, being parallel and coincident with the Southerly right of way margin of North Northgate Way.

Containing 223 Sq. Ft., more or less.

Section 5. Public convenience and necessity require that real property interests generally shown on Attachments 1, 2, and 3 of this ordinance, and such other property as may be necessary or convenient for the Northgate Way improvement project in connection with the Arterial Asphalt and Concrete Program (the "Project") 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, utility and municipal purposes through negotiations and use of eminent domain (condemnation) if necessary, in connection with the Project.

Section 6. The Director is authorized to: determine the portions and interests of the properties shown on Attachment 1, 2, and 3 that are necessary or convenient for the Project, and any other property that may be necessary or convenient for the Project, negotiate and enter into written agreements for and acquire, after paying just compensation, the real property interests that are necessary or convenient for the Project, including temporary or permanent rights, in fee or easement form; 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, utility and 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 7. 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 or convenient 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 8. The deeds and temporary construction easements referenced above when recorded shall be placed under the jurisdiction of the Seattle Department of Transportation and designated for transportation, utility and municipal purposes.

Section 9. The property conveyed in the warranty deeds accepted in Sections 1 through 4 of this ordinance are hereby laid off, opened, widened, extended and established as street right-of-way.

Section 10. Any act consistent with the authority and prior to the effective date of this ordinance is approved and accepted.

Section 11. 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 ________________________, 2013, and signed by me in open session in authentication of its passage this

_____ day of ___________________, 2013.

_________________________________

President __________of the City Council

Approved by me this ____ day of _____________________, 2013.

_________________________________

Michael McGinn, Mayor

Filed by me this ____ day of __________________________, 2013.

____________________________________

Monica Martinez Simmons, City Clerk

(Seal)

Gretchen M. Haydel SDOT Northgate Improvement Project Deed and Easement Acquisition ORD February 25, 2013 Version #7

Attachment 1: Map Identifying Deeds Area

Attachment 2: Map of Construction Corridor

Attachment 3: Contact List for Properties Affected (Preliminary)