CITY OF SEATTLE

ORDINANCE __________________

COUNCIL BILL __________________

AN ORDINANCE accepting various deeds and easements relating to the State Route 99 Alaskan Way Viaduct and Seawall Replacement Program; laying off, opening, widening, extending, and establishing portions of rights-of-way; placing the real property conveyed by said deeds and easements under the jurisdiction of the Seattle Department of Transportation; and ratifying and confirming certain prior acts. (This ordinance concerns the following rights-of-way: portions of the SE 1/4 of Section 6, T24N R4E, W.M.; the NE 1/4 of Section 7, T24N R4E, W.M.; Section 30, T25N R4E, W.M.; Lots 3, 4, 6, and 7, Block 328, Seattle Tide Lands; Lots 1 through 7 and Lots 13 through 19, Block 329, Seattle Tide Lands; Lots 1 through 6, Block 330, Seattle Tide Lands; Lots 1 through 5 and Lot 17, Block 331, Seattle Tide Lands; Lots 1 through 18, Block 367, Seattle Tide Lands; Lots 1 through 19, Block 368, Seattle Tide Lands; Lots 1 through 9, Block 369, Seattle Tide Lands; Lots 1 through 7, Black’s Replat of Portions of Lots 18 and 19 of Block 368, Seattle Tide Lands, together with unrecorded plat; Lots 1 through 8, H. H. Dearborn’s Replat of part of Blk. 329, Seattle Tide Lands; Lots 1 through 11, Block 72, D. T. Denny’s Home Addition to the City of Seattle; Lot 7, Block 74, D. T. Denny’s Home Addition to the City of Seattle; Lots 1, 2, 3, 9, 10, 11, and 12, Block 75, D. T. Denny’s Home Addition to the City of Seattle; Lots 4 through 6, Block 71, D. T. Denny’s Park Addition to North Seattle; D. T. Denny Donation Land Claim No. 38; and Seattle Dock Company’s Replat of Lots 10 and 16 inclusive of Blk. 369, Seattle Tide Lands; together with the vacated alleys and streets thereof.)

WHEREAS, by Letter of Agreement dated January 13, 2009, the Governor of Washington, the King County Executive, and the Mayor of The City of Seattle (the “City”) recommended replacement of the existing Alaskan Way Viaduct structure along the central waterfront area with a bored tunnel beneath downtown Seattle (the “Tunnel”); and

WHEREAS, the Washington State Legislature, by enacting RCW 47.01.402, endorsed the replacement of the Alaskan Way Viaduct with the Tunnel as the preferred alternative and authorized state funding; and

WHEREAS, the State subsequently created and implemented the Alaskan Way Viaduct and Seawall Replacement Program to construct the Tunnel together with improvements to City streets, the City waterfront, utilities work, and other related projects (the “Program”); and

WHEREAS, to that end in October of 2009, Ordinance 123133 was passed authorizing the City and the State of Washington (the “State”), (collectively, the “Parties”) to enter into the Memorandum of Agreement No. GCA 6366 for the Alaskan Way Viaduct and Seawall Replacement Program Bored Tunnel Alternative, dated October 24, 2009, which set forth the Parties’ basic roles and responsibilities for the implementation of the Program; and

WHEREAS, in 2011, Ordinance 123542 was passed authorizing the Memorandum of Agreement No. GCA 6486, Alaskan Way Viaduct Property, Environmental Remediation, Design Review, Permitting, and Construction Coordination Agreement for SR 99 Bored Tunnel Project, dated May 23, 2011 (“GCA 6486”), providing for the part of the Program that replaced State Route 99 from South Royal Brougham Street to Roy Street and consisted of designing and constructing the Tunnel from South King Street to Thomas Street, north and south tunnel portals and access streets, re-establishment of the City street grid in the vicinity of the portals, and associated utility relocations; and

WHEREAS, Section 3 of GCA 6486 established the process for property acquisitions by the State necessary to construct the Program (the “Program Transfer Property”) as well as the process by which the State would subsequently transfer property acquired for the Program to the City after construction; and

WHEREAS, Section 3.2 of GCA 6486 also recognized the necessity of a future agreement to identify the Program Transfer Property, including additional processing provisions (the “Transfer Requirement”); and

WHEREAS, the Memorandum of Agreement No. GCB 2017, SR 99 Alaskan Way Viaduct Replacement Program - Program Transfer Property, dated September 8, 2017, as amended (“GCB 2017”), was subsequently created and executed to satisfy the Transfer Requirement and included a Program Transfer Properties Map as Exhibit A attached thereto; and

WHEREAS, as contemplated in GCB 2017 and required by the City Charter, the City Council is required to accept the conveyances to complete the property transfers to the City; NOW, THEREFORE,

BE IT ORDAINED BY THE CITY OF SEATTLE AS FOLLOWS:

Section 1. The Relinquishment for Continued Road/Street Purposes from the State of Washington, acting by and through its Department of Transportation, dated January 31, 2022, and recorded under King County Recording Number 20220216001067, attached as Attachment A and incorporated into this ordinance, is accepted for street purposes, placed under the jurisdiction of the Seattle Department of Transportation, and laid off, opened, widened, extended, and established as right-of-way (Program Transfer Property T1; a portion of tax parcel numbers 766620-7001 and 766620-7006).

Section 2. The Quitclaim Deed from the State of Washington, acting by and through its Department of Transportation, dated December 2, 2022, and recorded under King County Recording Number 20230104000344, attached as Attachment B and incorporated into this ordinance, is accepted for street purposes, placed under the jurisdiction of the Seattle Department of Transportation, and laid off, opened, widened, extended, and established as right-of-way (Program Transfer Property T2; a portion of tax parcel number 766620-7695).

Section 3. The Relinquishment for Continued Road/Street Purposes from the State of Washington, acting by and through its Department of Transportation, dated December 2, 2022, and recorded under King County Recording Number 20230104000233, attached as Attachment C and incorporated into this ordinance, is accepted for street purposes, placed under the jurisdiction of the Seattle Department of Transportation, and laid off, opened, widened, extended, and established as right-of-way (Program Transfer Property T2; a portion of tax parcel numbers 766620-7695 and 766780-0005).

Section 4. The Relinquishment for Continued Road/Street Purposes from the State of Washington, acting by and through its Department of Transportation, dated April 29, 2022, and recorded under King County Recording Number 20220519000511, attached as Attachment D and incorporated into this ordinance, is accepted for street purposes, placed under the jurisdiction of the Seattle Department of Transportation, and laid off, opened, widened, extended, and established as right-of-way (Program Transfer Property T3; a portion of tax parcel numbers 766620-6950 and 766620-6955).

Section 5. The Relinquishment for Continued Road/Street Purposes from the State of Washington, acting by and through its Department of Transportation, dated April 29, 2022, and recorded under King County Recording Number 20220519000512, attached as Attachment E and incorporated into this ordinance, is accepted for street purposes, placed under the jurisdiction of the Seattle Department of Transportation, and laid off, opened, widened, extended, and established as right-of-way (Program Transfer Property T4; a portion of tax parcel number 766620-6945).

Section 6. The Relinquishment of Easement for Continued Road/Street Purposes from the State of Washington, acting by and through its Department of Transportation, dated June 7, 2021, and recorded under King County Recording Number 20210629002088, attached as Attachment F and incorporated into this ordinance, is accepted for street purposes, placed under the jurisdiction of the Seattle Department of Transportation, and laid off, opened, widened, extended, and established as right-of-way (Program Transfer Property T5; a portion of tax parcel number 198820-1285).

Section 7. The Relinquishment for Continued Road/Street Purposes from the State of Washington, acting by and through its Department of Transportation, dated June 10, 2021, and recorded under King County Recording Number 20210712001720, attached as Attachment G and incorporated into this ordinance, is accepted for street purposes, placed under the jurisdiction of the Seattle Department of Transportation, and laid off, opened, widened, extended, and established as right-of-way (Program Transfer Property T5; a portion of tax parcel number 198820-1285).

Section 8. The Relinquishment for Continued Road/Street Purposes from the State of Washington, acting by and through its Department of Transportation, dated July 31, 2021, and recorded under King County Recording Number 20210810001011, attached as Attachment H and incorporated into this ordinance, is accepted for street purposes, placed under the jurisdiction of the Seattle Department of Transportation, and laid off, opened, widened, extended, and established as right-of-way (Program Transfer Property T6; a portion of tax parcel number 198820-1245).

Section 9. The Quitclaim Deed from the State of Washington, acting by and through its Department of Transportation, dated December 2, 2022, and recorded under King County Recording Number 20230104000344, attached as Attachment I and incorporated into this ordinance, is accepted for street purposes, placed under the jurisdiction of the Seattle Department of Transportation, and laid off, opened, widened, extended, and established as right-of-way (Program Transfer Property T7; a portion of tax parcel number 766620-7695).

Section 10. The Relinquishment for Continued Road/Street Purposes from the State of Washington, acting by and through its Department of Transportation, dated November 5, 2021, and recorded under King County Recording Number 20211117000777, attached as Attachment J and incorporated into this ordinance, is accepted for street purposes, placed under the jurisdiction of the Seattle Department of Transportation, and laid off, opened, widened, extended, and established as right-of-way (Program Transfer Property T8; a portion of tax parcel number 199120-0815).

Section 11. The Correction Relinquishment for Continued Road/Street Purposes from the State of Washington, acting by and through its Department of Transportation, dated December 2, 2022, and recorded under King County Recording Number 20230104000411, attached as Attachment K and incorporated into this ordinance, is accepted for street purposes, placed under the jurisdiction of the Seattle Department of Transportation, and laid off, opened, widened, extended, and established as right-of-way (Program Transfer Property T8; a portion of tax parcel number 199120-0815).

Section 12. The Relinquishment for Continued Road/Street Purposes from the State of Washington, acting by and through its Department of Transportation, dated November 5, 2021, and recorded under King County Recording Number 20211117000778, attached as Attachment L and incorporated into this ordinance, is accepted for street purposes, placed under the jurisdiction of the Seattle Department of Transportation, and laid off, opened, widened, extended, and established as right-of-way (Program Transfer Property T9; a portion of tax parcel number 198820-1090).

Section 13. The Relinquishment of Easement for Continued Road/Street Purposes from the State of Washington, acting by and through its Department of Transportation, dated December 2, 2022, and recorded under King County Recording Number 20230104000546, attached as Attachment M and incorporated into this ordinance, is accepted for street purposes, placed under the jurisdiction of the Seattle Department of Transportation, and laid off, opened, widened, extended, and established as right-of-way (Program Transfer Property T10; a portion of tax parcel numbers 766620-6966 and 766620-7025).

Section 14. The Relinquishment for Continued Road/Street Purposes from the State of Washington, acting by and through its Department of Transportation, dated July 14, 2022, and recorded under King County Recording Number 20220815000468, attached as Attachment N and incorporated into this ordinance, is accepted for street purposes, placed under the jurisdiction of the Seattle Department of Transportation, and laid off, opened, widened, extended, and established as right-of-way (Program Transfer Property T11; city street adjacent to tax parcel number 766620-6966).

Section 15. The Relinquishment for Continued Road/Street Purposes from the State of Washington, acting by and through its Department of Transportation, dated September 16, 2022, and recorded under King County Recording Number 20220930000641, attached as Attachment O and incorporated into this ordinance, is accepted for street purposes, placed under the jurisdiction of the Seattle Department of Transportation, and laid off, opened, widened, extended, and established as right-of-way (Program Transfer Property T12; City street adjacent to tax parcel numbers 766620-6950 and 766620-6955).

Section 16. The Relinquishment for Continued Road/Street Purposes from the State of Washington, acting by and through its Department of Transportation, dated September 16, 2022, and recorded under King County Recording Number 20221003000802, attached as Attachment P and incorporated into this ordinance, is accepted for street purposes, placed under the jurisdiction of the Seattle Department of Transportation, and laid off, opened, widened, extended, and established as right-of-way (Program Transfer Property T13; city street adjacent to tax parcel numbers 766620-7695 and 766780-0005).

Section 17. The Correction Relinquishment for Continued Road/Street Purposes from the State of Washington, acting by and through its Department of Transportation, dated September 16, 2022, and recorded under King County Recording Number 20230502000688, attached as Attachment Q and incorporated into this ordinance, is accepted for street purposes, placed under the jurisdiction of the Seattle Department of Transportation, and laid off, opened, widened, extended, and established as right-of-way (Program Transfer Property T13; city street adjacent to tax parcel numbers 766620-7695 and 766780-0005).

Section 18. The Relinquishment for Continued Road/Street Purposes from the State of Washington, acting by and through its Department of Transportation, dated September 16, 2022, and recorded under King County Recording Number 20221004000648, attached as Attachment R and incorporated into this ordinance, is accepted for street purposes, placed under the jurisdiction of the Seattle Department of Transportation, and laid off, opened, widened, extended, and established as right-of-way (Program Transfer Property T14; City street adjacent to tax parcel number 198820-1155).

Section 19. 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 _________________________, 2023, and signed by me in open session in authentication of its passage this ________ day of _________________________, 2023.

____________________________________

President ____________ of the City Council

  Approved /  returned unsigned /  vetoed this _____ day of _________________, 2023.

____________________________________

Bruce A. Harrell, Mayor

Filed by me this ________ day of _________________________, 2023.

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Scheereen Dedman, City Clerk

(Seal)