CITY OF SEATTLE

ORDINANCE __________________

COUNCIL BILL __________________

AN ORDINANCE vacating a portion of Terry Avenue North, on the petition of the Seattle Department of Parks and Recreation (Clerk File 310009); designating the vacated portion of Terry Avenue North and Westlake Avenue North as an addition to Lake Union Park, and placing it under jurisdiction of the Department of Parks and Recreation.

WHEREAS, the City of Seattle, Department of Parks and Recreation ("Parks") filed a petition under Clerk File 310009 to vacate a portion of Terry Avenue North and Westlake Avenue North in South Lake Union; and

WHEREAS, following a December 1, 2009 public hearing on the petition, the Seattle City Council ("City Council") conditionally granted the petition on December 7, 2009; and

WHEREAS, Parks has entered into a Memorandum of Understanding with Seattle Public Utilities for the operation and maintenance of underground water, drainage, and wastewater facilities in the vacated portion of Terry Avenue North; and

WHEREAS, Parks has granted an easement to Puget Sound Energy to maintain a gas line within the easement; and

WHEREAS, Parks and Seattle City Light entered into an interdepartmental agreement that addresses maintaining electrical service within the vacated portion of Terry Avenue North; and

WHEREAS, Parks has now met all conditions imposed by the City Council in connection with the vacation petition; and

WHEREAS, Ordinance 121661 provides City departments are exempt from the payment of vacation fees, therefore, no fee was required; and

WHEREAS, vacating the portion of Terry Avenue North and Westlake Avenue North for the development and enhancement of Lake Union Park is in the best interest of the public; NOW, THEREFORE,

BE IT ORDAINED BY THE CITY OF SEATTLE AS FOLLOWS:

Section 1. The portion of Terry Avenue North described below is vacated:

That portion of the NE 1/4 of Section 30, Township 25 North, Range 4 East, W.M., in King County, Washington, being a portion of Terry Avenue North as shown on Sheet 8 of 11 of the Map of Lake Union Harbor (1907), Maps of Lake Union Shorelands as surveyed and platted and approved by the Board of State Land Commissioners of the State of Washington (June 4, 1907 and filed with the City of Seattle on July 1, 1907), the Supplemental Plat of Lake Union Shorelands (1933), and the Second Supplemental Maps of Lake Union Shorelands (1962), described as follows:

Terry Avenue North lying north of the northerly margin of Valley Street, between Lake Union Shore Lands Blocks 74 and 75, and lying south of the Lake Union State Inner Harbor Line.

The portion of Westlake Avenue North described below is vacated:

That portion of the NE 1/4 of Section 30, Township 25 North, Range 4 East, W.M., in King County, Washington, being a portion of Westlake Avenue North as shown on Sheet 8 of 11 on the Map of Lake Union Harbor (1907), maps of Lake Union Shorelands as surveyed and platted and approved by the Board of State Land Commissioners of the State of Washington (June 4th, 1907 and filed with the City of Seattle on July 1st, 1907), the Supplemental Plat of Lake Union Shorelands (1933), and the Second Supplemental Maps of Lake Union Shorelands (1962), as described as follows:

Commencing at the intersection of the north margin of Valley Street and the west margin of Terry Avenue North, being the southeast corner of Block 75, Lake Union Shorelands; thence N 89 degrees 41'33" W along the north margin of Valley Street a distance of 72.13 feet to the beginning of a curve to the north, and the True Point of Beginning:

Thence continuing N 89 degrees 41'33" W a distance of 170.91 feet,

Thence N 47 degrees 41'44" W a distance of 55.48 feet,

Thence N 43 degrees 05'30" E a distance of 40.13 feet to the easterly margin of Westlake Avenue north and a nontangent point of curvature,

Thence north and west along the easterly margin of Westlake Avenue North, being a curve concave to the northeast, having a radial bearing of N 39 degrees 54'52" E, a radius of 290.00 feet and a central angle of 3 degrees 57'11", an arc distance of 20.01 feet,

Thence leaving said easterly margin S 43 degrees 05'30" W a distance of 39.99 feet,

Thence N 47 degrees 41'44" W a distance of 49.94 feet to the intersection with a line parallel with and 67.00 easterly of (as measured perpendicular to) the current monument line of Westlake Avenue North, said line being 38.00 feet distant and parallel with the easterly margin of Westlake Avenue North,

Thence N 25 degrees 55'00" W on said parallel line a distance of 140.51 feet,

Thence N 64 degrees 05'00" E a distance of 38.00 feet to the easterly margin of Westlake Avenue North,

Thence N 25 degrees 55'00" W along said easterly margin a distance of 20.00 feet,

Thence leaving said easterly margin S 64 degrees 05'00" W a distance of 36.61 feet to a non-tangent point of curvature,

Thence north and west along a curve concave to the southwest, having a radial bearing of S 67 degrees 16'23" W, a radius of 134.85 feet and a central angle of 12 degrees 01'44", an arc distance of 28.31 feet to the intersection with a line parallel with and 67.00 feet easterly of (as measured perpendicular to) the current monument line of Westlake Avenue North,

Thence N 25 degrees 55'00" W on said parallel line a distance of 290.07 feet,

Thence N 64 degrees 05'00" E a distance of 6.50 feet to a point of curvature,

Thence east and north along said curve, concave to the northwest, having a radial bearing of N 25 degrees 55'00" W, a radius of 21.00 feet and a central angle of 90 degrees 00'00" an arc distance of 32.99 feet to a point of tangency, said tangent being a line that is parallel with and 10.50 feet westerly (as measure perpendicular to said line) of the easterly margin of Westlake Avenue North,

Thence N 25 degrees 55'00" W along said line parallel with the easterly margin of Westlake Avenue North, a distance of 268.08 feet to an intersection with the north line of Block 83, Lake Union Shorelands extended westerly,

Thence S 89 degrees 42'07" E along the extended north line of Block 83 a distance of 11.70 feet to the easterly margin of Westlake Avenue North and the northwest corner of Block 83,

Thence S 25 degrees 55'00" E along said easterly margin of Westlake Avenue North a distance of 694.55 feet to the beginning of a curve to the left,

Thence southerly and easterly along said curve, concave to the northeast, having a radial bearing of N 64 degrees 05'00" E, a radius of 290 feet and a central angle of 63 degrees 46'33" an arc distance of 322.80 feet to the True Point of Beginning and the end of this description.

Section 2. A copy of the Memorandum of Understanding between the Department of Parks and Recreation and Seattle Public Utilities, recorded December 3, 2013 under King County Recording Number 20131203000722, is attached as Attachment 1.

Section 3. Parks granted an easement to Puget Sound Energy ("PSE") for PSE to construct, operate, maintain, repair, replace, improve, remove, and enlarge one utility system for the purpose of transmission, distribution, and the sale of gas. A copy of this easement is attached as Attachment 2.

Section 4. Parks has resolved the utility issues with Seattle City Light specified in Section 3 of the vacation petition. A copy of the agreement letter between Seattle City Light and Parks is attached as Attachment 3.

Section 5. The portion of Terry Avenue North and Westlake Avenue North vacated in Section 1 above is designated as an addition to Lake Union Park and placed under the jurisdiction of the Department of Parks and Recreation.

Section 6. Any act consistent with the authority of this ordinance taken prior to its effective date 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 Memorandum of Understanding Between Parks and SPU

Attachment 2 Easement for PSE

Attachment 3 Agreement Letter Between Parks and City Light

Amy Gray SDOT Terry Avenue Street Vacation ORD February 10, 2014 Version #3

Attachments to the Memorandum of Understanding

1. Vacation Area


2. South Lake Union Park


3. Parks water Facilities


4. Parks Drainage and Wastewater Facilities


5. SPU Use Area