CITY OF SEATTLE

ORDINANCE __________________

COUNCIL BILL __________________

AN ORDINANCE relating to the Waterfront Improvement Program; authorizing the Director of Transportation to acquire, accept, and record both temporary and permanent property rights from abutting property owners located along Alaskan Way and a new Elliott Way, as well as many east-west streets connecting with Alaskan Way and/or Elliott Way, between South King Street and Battery Street, necessary or convenient for the Waterfront Improvement Program, through negotiation or condemnation; placing the conveyed real property under the jurisdiction of the Seattle Department of Transportation and designating the property for transportation, utility, and general municipal purposes; authorizing payment of all other costs associated with acquisition; and ratifying and confirming prior acts.

WHEREAS, in 2003, the City began a public process for developing a community vision for the Central Waterfront to reconnect Seattle to its Waterfront in conjunction with the removal of the Alaskan Way Viaduct and replacement of the aging Elliott Bay Seawall; and

WHEREAS, in 2004 the City and the Planning and Design Commissions sponsored public forums to establish guiding principles for reclaiming the Central Waterfront and reconnecting it with Seattle's city center and the City Council subsequently adopted these principles through Resolutions 30664 and 30724; and

WHEREAS, in 2006 the City's Department of Planning and Development published the Waterfront Concept Plan, which provided concepts for redeveloping the Central Waterfront for public use consistent with Resolutions 30664 and 30724; and

WHEREAS, these Resolutions called for making public use a primary objective for redeveloping the Central Waterfront, linking the waterfront with inland areas so that each area reinforces the other and contributes to a cohesive downtown, and engaging the public in the decision-making process; and

WHEREAS, to implement the City's vision, Ordinance 123142 established a Central Waterfront Partnership Committee ("CWPC") in 2009 to advise the City on issues related to designing, developing, and managing a series of premiere public spaces on the Central Waterfront and in 2011, Resolution 31264 chartered a Central Waterfront Committee (the "Committee") to continue the work of the CWPC and to further advise the City on public spaces and the broader connections necessary to reconnect the Central Waterfront to the City; and

WHEREAS, in 2012, Resolution 31399 established the City's support of the Committee's Strategic Plan, Central Waterfront Concept Design and Framework Plan, and the Funding Plan for the Waterfront redevelopment and improvements; and

WHEREAS, to that end, the Waterfront Improvement Program (the "Waterfront Program") was conceptualized and is a partnership between the City of Seattle and the entire community to create an inviting new public waterfront consisting of new public spaces from the Olympic Sculpture Park to Pioneer Square including parks and paths, access to the water, places to enjoy views and cultural spaces, and a new urban street; and

WHEREAS, the primary elements of the Waterfront Program include demolishing the Alaskan Way Viaduct; constructing a new Alaskan Way and Elliott Way surface street with adjacent promenades and sidewalks, as well as many east-west streets connecting with Alaskan Way and/or Elliott Way that will accommodate multiple modes of transportation and provide for important connections in the City's transportation system; constructing a new, elevated connection between Pike Place Market and the Waterfront (the Overlook Walk); re-construction of Pier 62/63 and Union St. Pier (currently known as "Waterfront Park"); decommissioning of the Battery Street Tunnel; and creation of expansive public space from the Olympic Sculpture Park to Pioneer Square that will provide an important connection between downtown and the Waterfront, including park space, multi-modal paths, waterfront access, viewpoints, and public and cultural spaces; and

WHEREAS, it is critical that the City have the authority to acquire property rights necessary for construction of the Waterfront Program to accomplish the City's vision for reconnecting the city of Seattle to its Waterfront and creating new public spaces for citizens to enjoy;

WHEREAS, of the potential 142 properties that will be affected by this Ordinance, SDOT anticipates, under current design plans, that it will need to acquire permanent property rights from 7 of these properties, and temporary construction easements from 135 of these properties; and

WHEREAS, for those properties from which SDOT currently anticipates the need to acquire a temporary construction easement, SDOT does not plan to permanently acquire these properties, or homes and businesses located on these properties, and anticipates needing the rights to access frontages of the properties in order to construct improvements associated with the Waterfront Improvement Program; NOW, THEREFORE,

BE IT ORDAINED BY THE CITY OF SEATTLE AS FOLLOWS:

Section 1. Public convenience and necessity require that real property interests generally shown on Attachments 1 and 2 of this ordinance, and such other property as may be necessary or convenient for the Waterfront Improvement Program (the "Waterfront Program") in connection with the Alaskan Way Viaduct and Seawall Replacement Program located in the City of Seattle, County of King, State of Washington, together with all rights, privileges and other property pertaining thereto, be acquired for transportation, utility and general municipal purposes through negotiations and use of eminent domain (condemnation) if necessary, in connection with the Waterfront Program.

Section 2. The Director of Transportation or his designee ("Director"), on behalf of the City of Seattle, is authorized to: determine the portions and interests of the properties shown on Attachments 1 and 2 that are necessary or convenient for the Waterfront Program, and any other properties that may be necessary or convenient for the Waterfront Program; negotiate and enter into agreements to acquire the properties upon payment of just compensation therefore; and accept the deeds and/or easements for the properties by attaching to the deeds and/or easements the Director's written acceptance thereof, and recording the same.

Section 3. The City Attorney is authorized to commence and prosecute proceedings in the manner provided by law to condemn, take, damage, and appropriate the properties in fee simple or such other interests that are necessary or convenient for the Waterfront Program, after just compensation has been made or paid into court for the owners thereof, in the manner provided by law; and to stipulate for the purpose of minimizing damages.

Section 4. The Director is authorized to settle condemnation litigation or enter administrative settlements (a settlement in lieu of initiating condemnation litigation) for the acquisition of the real property interests described herein. Such settlements shall be made for amounts deemed to be reasonable estimation of fair market value, and shall not exceed established budgets.

Section 5. The deeds and/or easements referenced above when recorded shall be placed under the jurisdiction of the Seattle Department of Transportation and designated for transportation, utility, and general municipal purposes.

Section 6. Any act consistent with the authority and prior to the effective date of this ordinance is ratified and confirmed.

Section 7. 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 ________________________, 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: Waterfront Seattle Draft Right of Way Map

Attachment 2: Contact List for Properties Affected (Preliminary)

Gretchen M. Haydel/Martha Lester/Eric McConaghy SDOT Waterfront Improvement Program Acquisition ORD May 21, 2014 Version #7