AN ORDINANCE vacating the alley in Block 36, Brooklyn Addition, and portions of 15th Avenue Northeast and University Way Northeast, as called for in the University of Washington Southwest Campus Master Plan, accepting a Property Use and Development Agreement, accepting deeds to real property for street purposes in connection therein, and laying off realigned 15th Avenue Northeast.

WHEREAS, there has been filed with the City Council the petition of University of Washington (Clerk File 297914) for the vacation of public rights of way, as therein fully described; and

WHEREAS, a public hearing on said petition was held on November 30, 1993; and

WHEREAS, following extensive review and numerous public hearings, the Southwest Campus Master Plan was approved by the Seattle City Council (Ordinance 117149) and the University of Washington Board of Regents in 1994 ; and

WHEREAS, the Southwest Campus Master Plan calls for the vacation of the said rights-of-way and for the realignment and rededication of 15th Avenue Northeast; and

WHEREAS, certain public amentities were conditions for the vacation approval, including improvements to the Sakuma Viewpoint, pedestrian and bike trails, landscaping, viewing areas and open space; and

WHEREAS, the petitioner was required to provide improvements to parking and traffic to enhance public and business access including a new parking lot, traffic signal and signage; and

WHEREAS, a Property Use and Development Agreement has been duly filed with King County that commits the petitioner to fulfill all ongoing obligations required by the Seattle City Council; and

WHEREAS, an equivalent amount of right-of-way will be rededicated to the City; Now, Therefore;

BE IT ORDAINED BY THE CITY OF SEATTLE AS FOLLOWS:

Section 1. That

The alley in Block 36, Brooklyn Addition to Seattle, as recorded in Volume 7 of Plats, page 32, Records of King County, Washington, being the alley between 15th Avenue Northeast and University Way Northeast, south of Northeast Pacific Street and north of Northeast Boat Street;

Together with:

15th Avenue Northeast, south of Northeast Pacific Street and north of Northeast Boat Street;

Together with:

University Way Northeast, south of Northeast Pacific Street and north of Northeast Boat Street;

be and the same is hereby vacated; RESERVING to the City of Seattle the right to make all necessary slopes for cuts or fills upon the above-described property in the reasonable original grading of any rights-of-way abutting upon said property after said vacation.

Section 2. That the Property Use and Development Agreement, King County Recording Number 20000825000511, attached hereto as Attachment A, is hereby accepted.

Section 3. That the City Clerk is hereby authorized and directed to file a copy of said Property Use and Development Agreement and this Ordinance at the King County Records and Elections Division and the City Clerk's Office, and to deliver copies of the

same to the Director of the Department of Design, Construction and Land Use, and to the King County's Assessor's Office.

Section 4. That the deed executed by the University of Washington on the 18th day of August, 2000, King County Recording Number 20000825000510, conveying to the City of Seattle for street purposes the property in Seattle, King County, Washington, described and attached hereto as Attachment B, is hereby accepted, and the real property conveyed by such deed is placed under the jurisdiction of the Seattle Transportation Department.

Section 5. That 15th Avenue Northeast be and the same is hereby laid off, opened, widened, extended and established over, through, across and upon the real property described in Section 4 hereof.

Section 6. This ordinance shall take effect and be in force thirty (30) days from and after its approval by the Mayor, but if not approved and returned by the Mayor within ten (10) days after presentation, it shall take effect as provided by Municipal Code Section 1.04.020.

PASSED by the City Council of the City of Seattle this ______ day of ______________, 2000, and signed by me in open session in authentication of its passage this _____ day of _______________, 2000.

______________________________________

President _________of the City Council

Approved by me this __________ day of _________________, 2000.

______________________________________

Mayor

Filed by me this __________ day of _________________, 2000.

______________________________________

City Clerk

(Seal)

UWSWCAMPORD.dot

11/03/00

Ver.1/mjg PROPERTY USE AND DEVELOPMENT AGREEMENT

By the Board of Regents

of the University of Washington

in favor of

The City of Seattle

THIS INSTRUMENT, executed this date in favor of The City of Seattle, a municipal corporation (hereinafter "City"), by The Board of Regents of the University of Washington (hereinafter "University"):

WITNESSETH:

WHEREAS, the University is an agency of the state created under Chapter 28B.20 of the Revised Code of Washington with powers and duties set forth therein;

WHEREAS, analysis of alternatives and impacts for the Southwest Campus Plan were contained in a final environmental impact statement, prepared by the University as lead agency, dated February 26, 1993;

WHEREAS, the site selected for the implementation of the Southwest Campus Master Plan, dated April 5, 1993, necessitated the vacation, realignment and design of the following public streets: 15th Avenue Northeast, south of Northeast Pacific Street and north of Northeast Boat Street, following the realignment of 15th Avenue Northeast from a point approximately 200 feet north of the intersection of 15th Avenue Northeast and Northeast Pacific Street to the point approximately 100 feet west of the intersection of University Way NE and NE Boat Street; together with: University Way Northeast, south of Northeast Pacific Street and north of Northeast Boat Street; together with: the alley in Block 36, Brooklyn Addition to Seattle, as recorded in Volume 7 of Plats, page 32, Records of King County, Washington, being the alley between 15th Avenue Northeast and University Way Northeast, south of Northeast Pacific Street and north of Northeast Boat Street, as described and depicted in Exhibit 1.

WHEREAS, the University requested vacation, realignment and design of public streets (hereinafter "street vacation"), as described above, as part of the Southwest Campus Master Plan, pursuant to Chapter 35.79 of the Revised Code of Washington and Chapter 15.62 of the Seattle Municipal Code; and

WHEREAS, the street vacations associated with the Southwest Campus Master Plan were considered simultaneously with the proposed Master Plan with the following principal steps:

The matter was heard before the Deputy Hearing Examiner on October 4, 5, 6, and 7, 1993.

The Hearing Examiner issued Findings of Fact, Conclusions and Recommendations on the application on November 3, 1993.

On November 23 and December 14, 1993 and January 14 and January 28, 1994, the Planning and Regional Affairs Committee of the Seattle City Council received information and heard oral arguments from the parties of record on the Requests for Further Consideration of the Hearing Examiner's Recommendation for Approval; and the Committee recommended a preliminary decision on the Master Plan to the full Council, which was approved by the Council on February 7, 1994.

In April 1994, the Planning and Regional Affairs Committee reviewed the proposed Master Plan and the Transportation Committee reviewed the proposed street vacations.

WHEREAS, on May 23, 1994, the Seattle City Council granted preliminary approval of the street vacations, pursuant to Ordinance No. 117149, subject to six conditions. These conditions are set forth in Council File 299649 Appendix 4 Summary of Street Vacation Conditions (C.F. 297914, As Amended) (hereinafter "Appendix 4");

WHEREAS, the University's Southwest Campus Public Amenities Plan, dated July 1995, guides the identification of landscape and open space in the Southwest Campus and projects described herein are dependent on state funding;

WHEREAS, Conditions 1 (utilities), 2 (street improvements), 5 (traffic signal) and 6 (dedication, rededication and realignment of public right-of-way), of Appendix 4 have been completed;

WHEREAS, Conditions 3 and 4 of Appendix 4 have been completed except that environmental clean-up is still underway and funding has not been secured for the construction of the car-top boat ramp to be built when environmental clean-up is completed and Portage Bay Vista open space continues to be developed;

WHEREAS, this Property Use and Development Agreement is intended to ensure compliance with any conditions of street vacation approval that will not be fully satisfied prior to the passage of the final ordinance vacating the street; and

NOW, THEREFORE, the University hereby covenants, bargains and agrees, on behalf of itself and its successors and assigns that if the ordinance approving the street vacations is passed by the Seattle City Council and approved by the Mayor, then the University shall implement its Southwest Campus Master Plan in accordance with this Property Use and Development Agreement:

Section 1. Compliance with the conditions listed in Appendix 4 shall be assured through this Property Use and Development Agreement. The conditions in Appendix 4 yet to be complied with are summarized and refined in the Property Use and Development Agreement. Appendix 4 shall be used in interpreting this Property Use and Development Agreement.

Section 2. Compliance with the terms of the Property Use and Development Agreement is the responsibility of the University, its successors and assigns.

Section 3. Addressed below in the order stated in Appendix 4 is each condition of street vacation approval, except for Conditions 1 (utilities), 2 (street improvements), 5 (traffic signal) and 6 (dedication rededication and realignment of public right-of-way), which have already been satisfied. The parties acknowledge that some of the conditions required immediate compliance for utilization of the new buildings in the Southwest Campus. Other conditions require on-going effort. Compliance to date with Condition 3 and 4 is noted below, and for those portions of conditions that require future implementation and compliance, a commitment is made along with the anticipated time-frame of compliance.

A. Condition 3 Public Amenities: Policy 8 under OPEN SPACE AND LANDSCAPE of Council File 299649, Appendix 2 Conditions of Approval, page 5, required the identification of permanent landscape and open spaces. On May 9, 1994 the University submitted the University's identification of permanent landscape and open spaces to Mr. Norm Schwab of the City Council Central Staff. In addition, the University prepared a Public Amenities Plan for the Southwest Campus, dated July 1995. This Plan is a guide, rather than a condition, requirement or specification, for the University employees and contractors responsible for specific projects including streets, buildings, landscape, utilities, public amenities, and any other element of the environment, on May 16, 1996, the Seattle Design Commission approved the University's proposals for the Southwest Campus.

Condition 3 states that the University must provide the amenities and mitigation detailed in the Southwest Campus Master Plan as amended. The completed amenities include: view corridors along the new 15th Avenue NE and Brooklyn Avenue NE, new open space including internal court yards defined by new buildings, landscaping, water front and internal pedestrian paths, bicycle route/lane, sidewalks, signage for public areas access and trailered boat ramp, Sakuma Viewpoint expansion, parking lot construction, preservation of existing marina and houseboat dock, water front benches and viewing areas, commercial water front restaurant and boat rental, and replacement of student housing.

Additional landscaping in the approximately 110-foot to 125-foot wide and 570-foot to 600-foot long Portage Bay Vista will be completed once construction of the Life Sciences I, II, and III Buildings, which are to be included in the new University of Washington Campus Master Plan, is complete.

B. Condition 4 Sakuma Viewpoint and Boat Ramp: The University has completed expansion of the Sakuma Viewpoint Park. These improvements were reviewed and approved by the Seattle Design Commission. The Marina walk and Sakuma Viewpoint have been created and a public restaurant and small boat kayak rental business have begun operation. The University constructed a public parking lot at the intersection of NE Boat Street and NE Pacific Street.

Construction of the Car Top Boat Launch will be completed within 18 months of the completion of the Sound Transit construction in the Southwest Campus, subject to the issuance of necessary permits from the City and environmental agencies. The Car Top Boat Launch will include a pedestrian ramp and stairs from NE Boat Street to the shoreline for hand-carried boats, hillside landscaping, a load/unload zone on NE Boat Street for the unloading of boats, an overlook with a bench, and fixed and floating docks from which to launch boats.

Section 4. An executed copy of the Property Use and Development Agreement shall be recorded in the records of King County and the covenants hereof shall be deemed to attach to and run with the Property. The legal description of the property to Seattle and to be vacated within the Southwest Campus is included in Exhibit 1 hereto, which is incorporated herein by this reference.

Section 5. The Property Use and Development Agreement may be amended or modified by mutual agreement between the City and the University, according to the following procedure: Minor changes to this Agreement may be approved by Seattle Transportation Department (hereinafter SEATRAN), if the proposed change is consistent with the purpose and intent of the conditions. Any major changes to this Agreement, as determined by SEATRAN, shall require approval by the City Council of the City of Seattle by resolution or ordinance. SEATRAN shall provide the University with notice and the opportunity to comment on whether a change is considered minor or major, prior to SEATRAN making that determination. Nothing in this Property Use and Development Agreement shall be construed as a surrender of the City's governmental powers.

Section 6. The Property Use and Development Agreement is made for the benefit of the City and the public. The City may institute and prosecute a proceeding at law or in equity to enforce this Property Use and Development Agreement.

Section 7. It is further expressly agreed that in the event any covenant or condition or restriction in this instrument or any portion thereof is found to be invalid or void, such invalidity or void shall in no way affect any other covenant, condition or restriction.

DATED this ______ day of ________, 2000.

UNIVERSITY OF WASHINGTON

BOARD OF REGENTS

BY: ___________________________

Weldon E. Ihrig

University of Washington

Executive Vice President

COUNTY OF KING.

STATE OF WASHINGTON.

On this _____ day of _______________, 1999, before me, a Notary Public in and for the State of Washington, personally appeared ____________________, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed this document and acknowledged it to be his free and voluntary act and deed for the uses and purposes mentioned.

IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written.

NOTARY PUBLIC in and for the State of

Washington, residing at Seattle

My appointment expires

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