ORDINANCE _________________

AN ORDINANCE vacating portions of Southwest Lanham Way, Southwest Graham Street, Southwest Kenny Street, Southwest Juneau Street, Southwest Raymond Street, Sylvan Way Southwest, 29th Avenue Southwest, 31st Avenue Southwest, 32nd Avenue Southwest, Bataan Place Southwest, High Point Drive Southwest, McArthur Court Southwest, portions of the underlying plat of High Point Addition to the City of Seattle, Block 7 of the Supplemental Plat of High Point Addition, and lots and alleys adjoining Lots 15 through 24 of Block 25 through 28 of Plat No. 1 of West Side Addition to West Seattle on the petition of the Seattle Housing Authority; approving and confirming the plat of "High Point Community" a replat of a portion of Sections 24 and 25, Township 24 North, Range 3 East, W.M., and accepting a Property Use and Development Agreement in relation thereto, (C.F. 305070, C.F. 305400 and Subdivision Application No. 2202170).

WHEREAS, the Seattle Housing Authority filed a petition (C.F. 305070) to vacate portions of Southwest Lanham Way, Southwest Graham Street, Southwest Kenny Street, Southwest Juneau Street, Southwest Raymond Street, Sylvan Way Southwest, 29th Avenue Southwest, 31st Avenue Southwest, 32nd Avenue Southwest, Bataan Place Southwest, High Point Drive Southwest, McArthur Court Southwest, portions of the underlying plat of High Point Addition to the City of Seattle, Block 7 of the Supplemental Plat of High Point Addition, and lots and alleys adjoining Lots 15 through 24 of Block 25 through 28 of Plat No. 1 of West Side Addition to West Seattle; and

WHEREAS, following the public hearing on said vacation petition, which commenced on April 29, 2003, the petition was conditionally granted; and

WHEREAS, the City required that Seattle Housing Authority execute a Property Use and Development Agreement to ensure compliance with any conditions of street vacation approval that will not be fully satisfied prior to passage of the ordinance vacating the above referenced streets, alleys, plats and lots; and

WHEREAS, a proposed plat of "High Point Community", has been submitted for approval (Subdivision Application No. 2202170); and

WHEREAS, following public hearings on said subdivision application on February 10, 2003, and review by the various City departments having jurisdiction in the matter and by the Hearing Examiner of The City of Seattle, the Hearing Examiner recommended approval subject to certain conditions on March 5, 2003; and

WHEREAS, the Director of Transportation and the Director of Planning and Development have approved the final drawing of the subdivision and have reported that the final drawing meets all of the requirements of the State platting law (RCW Ch. 58.17) and of the Seattle Municipal Code (SMC 23.22), except for the execution of the required certifications by the King County Assessor and the King County Comptroller; and

WHEREAS, the Director of Transportation and the Director of Planning and Development have approved the final plat with the attachments in C.F. 305400 and report that the plat of "High Point Community" is now complete and ready for City Council approval; and

WHEREAS, pursuant to Section 35.79.030, RCW, and Seattle Municipal Code Chapter 15.62, 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. The following described rights-of-way and portions of plats are hereby vacated:

SW LANHAM WAY FROM 35TH AVENUE SW TO SW GRAHAM STREET;

SW GRAHAM STREET FROM 34TH AVENUE SW TO HIGH POINT DRIVE SW;

SYLVAN WAY SW FROM SW GRAHAM STREET TO SW MORGAN STREET;

31ST AVENUE SW FROM SW MORGAN STREET TO SW HOLLY STREET;

31ST AVENUE SW FROM SW GRAHAM STREET TO SW MORGAN STREET;

31ST AVENUE SW FROM SW JUNEAU STREET TO SW LANHAM WAY;

BATAAN PLACE FROM SW LANHAM WAY TO SW GRAHAM STREET;

SW RAYMOND STREET FROM 32ND AVENUE SW TO HIGH POINT DRIVE;

MCARTHUR COURT SW FROM HIGH POINT DRIVE SW NEAR ITS INTERSECTION WITH CYCLE LANE TO THE SOUTH MARGIN OF HIGH POINT DRIVE SW EAST OF SAID INTERSECTION;

HIGH POINT DRIVE SW FROM 30TH AVENUE SW TO SLYVAN WAY SW;

32ND AVENUE SW FROM SW RAYMOND STREET TO SW MORGAN STREET;

32ND AVENUE SW FROM SW MORGAN STREET TO SW HOLLY STREET;

SW KENNY STREET FROM 31ST AVENUE SW TO HIGH POINT DRIVE SW;

SW GRAHAM STREET FROM HIGH POINT DRIVE SW TO THE EAST BOUNDARY OF THE SHA PROPERTY OF HIGH POINT;

ALSO AN IRREGULAR TRIANGULAR PORTION (APPROXIMATELY 3447 SQUARE FEET) OF SW GRAHAM STREET AT THE INTERSECTION OF SW GRAHAM STREET AND 34TH AVENUE SW;

ALL OF THE UNDERLYING PLAT OF HIGH POINT ADDITION TO THE CITY OF SEATTLE EXCEPT THAT PORTION LYING WITHIN BLOCKS 8 AND 17 AND THE WEST HALF OF BLOCKS 9 AND 16. EXCEPT THE PLATTED NORTH SOUTH ALLEYS OF SAID BLOCKS 9 AND 16; ALSO EXCEPT THE NORTHERLY EAST-WEST ALLEY WITHIN THE BLOCK 9 LYING WEST OF THE EAST MARGIN OF THE NORTH-SOUTH ALLEY IN BLOCK 9. ALSO EXCEPT ALL OF BLOCK 8 SUPPLEMENTAL PLAT OF HIGH POINT ADDITION. ALSO EXCEPT ANY PORTION OF 34TH AVENUE SW LYING SOUTH OF THE SOUTH MARGIN OF SW GRAHAM STREET; ALSO EXCEPT ANY PORTION OF SW GRAHAM STREET LYING WEST OF THE EAST MARGIN OF 34TH AVENUE SW; ALSO EXCEPT THAT PORTION OF SW MORGAN STREET LYING WEST OF ITS POINT OF CURVATURE INTERSECTION WITH SYLVAN WAY SW.

ALL OF BLOCK 7 OF THE SUPPLEMENTAL PLAT OF HIGH POINT ADDITION, EXCEPT LOTS 1 AND 2 AND THOSE PORTIONS WITHIN SW GRAHAM STREET. ALL OF LOTS 15 THROUGH 24 OF BLOCKS 25 THROUGH 28, INCLUSIVE, AND THE PORTIONS OF THE ALLEYS IMMEDIATELY ADJOINING LOTS 15 THROUGH 24 WITHIN BLOCKS 25 THROUGH 28, INCLUSIVE, OF PLAT NO. 1 OF WEST SIDE ADDITION TO WEST SEATTLE. ALSO ALL OF SW JUNEAU STREET (FIFTEENTH STREET) FROM THE EAST MARGIN OF 30TH AVENUE SW (ALDER AVENUE) TO THE WEST MARGIN OF 28TH AVENUE SW (OCEAN VIEW AVENUE). ALSO THAT PORTION OF 29TH AVENUE SW (YAKIMA AVENUE) LYING SOUTH OF THE NORTH LINE OF LOTS 15, BLOCKS 26 AND 27, PLAT NO. 1 OF WEST SIDE ADDITION TO WEST SEATTLE TO THE NORTH MARGIN OF SW JUNEAU STREET (FIFTEENTH STREET).

THE EAST 5.00 FEET OF 32ND AVENUE SW LYING BETWEEN THE SOUTH MARGIN OF SW JUNEAU STREET AND THE NORTH MARGIN OF SW RAYMOND STREET. ALSO EXCEPT ANY PORTION OF SYLVAN WAY SW LYING BETWEEN THE POINT OF CURVATURE INTERSECTION WITH SW MORGAN STREET AND THE EAST BOUNDARY OF THE PLAT OF HIGH POINT ADDITION PER STREET ALIGNMENT SHOWN ON THE PLAT OF HIGH POINT;

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. The Council makes the following findings regarding the plat of "High Point Community" and the dedication set forth on the face of the plat and executed by the Seattle Housing Authority:

a) The final plat is in substantial conformance with the approved preliminary plat;

b) The requirements imposed by the Hearing Examiner when the preliminary plat was approved have been met;

c) When both the King County Assessor and King County Comptroller have affixed their certifications as required by RCW 58.17.160(4), the requirements of State law and City ordinances which were in effect at the time of preliminary plat approval will also have been satisfied by the subdivider; and

d) The public use and interest will be served by the establishment of the subdivision and dedication, and the plat makes appropriate provision for the public health, safety and general welfare.

Section 3. The plat of "High Point Community", a subdivision of a portion of the Southwest Quarter of Section 24 and of the North half of the Northwest Quarter of Section 25, all in Township 24 North, Range 3 East, W.M. in King County, Washington, including portions of High Point Addition, according to the plat thereof recorded in Volume 31 of Plats, page 35, in King County, Washington and West Side Addition to West Seattle, according to the plat thereof recorded in Volume 7 of Plats, page 48, in King County, Washington and Supplemental Plat of High Point Addition, according to the plat thereof recorded in Volume 32 of Plats, page 23, in King County, Washington, more particularly described on Exhibit A hereto, is in all respects approved and the plat confirmed and accepted, subject to certification by the King County Assessor and King County Comptroller, and the City Clerk is hereby authorized and directed to execute a certificate upon the face of such plat attesting to the approval thereof as evidenced by enactment of this ordinance.

Section 4. The dedication to the City appearing on the face of the plat is hereby accepted.

Section 5. The Property Use and Development Agreement, King County Recording Number 20040116001097, executed by Seattle Housing Authority, a copy of which is attached here as Exhibit B, is hereby accepted. The City Clerk is hereby authorized and directed to file a copy of this ordinance at the King County Records and Election Division, and to deliver copies of the same to the Director of the Planning and Development, and to the King County Assessor's Office.

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 the ____ day of _________, 2004, and signed by me in open session in authentication of its passage this _____ day of __________, 2004.

_________________________________

President __________of the City Council

Approved by me this ____ day of _________, 2004.

_________________________________

Gregory J. Nickels, Mayor

Filed by me this ____ day of _________, 2004.

____________________________________

City Clerk

(Seal)

Exhibit A: Legal description

Exhibit B: High Point Community Public Use and Development Agreement

MoiraGray/mjg

HighPointStreetVacOrd

January 23, 2004

version #3

EXHIBIT 1 TO EXHIBIT B PUDA:

LEGAL DESCRIPTION OF HIGH POINT PROPERTY

PARCEL A:

A PORTION OF THE SOUTHWEST QUARTER OF SECTION 24 AND OF THE NORTH HALF OF THE NORTHWEST QUARTER OF SECTION 25, ALL IN TOWNSHIP 24 NORTH, RANGE 3 EAST, W.M., SEATTLE, KING COUNTY, WASHINGTON, INCLUDING PORTIONS OF HIGH POINT ADDITION AND WEST SIDE ADDITION TO THE CITY OF SEATTLE AS SHOWN ON PLATS AND SUPPLEMENTAL PLATS RECORDED IN THE LANDS RECORDS OF THE CITY OF SEATTLE, KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS:

BEGINNING AT THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 24;

THENCE ON THE EAST LINE THEREOF SOUTH 0 degrees 28'57" WEST 30.00 FEET;

THENCE ON A LINE THAT IS PARALLEL TO THE NORTH LINE OF THE SAID SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER, NORTH 89 degrees 34'50" WEST 313.31 FEET;

THENCE SOUTH 69 degrees 19'05" WEST 216.67 FEET;

THENCE SOUTH 14 degrees 15'10" EAST 604.99 FEET;

THENCE SOUTH 1 degrees 00'25" EAST, 1,963.83 FEET TO A POINT ON THE SOUTH LINE OF THE NORTH HALF OF THE NORTHWEST QUARTER OF SAID SECTION 25;

THENCE ON SAID SOUTH LINE NORTH 89 degrees 33'52" WEST 862.02 FEET TO A POINT ON THE EAST MARGINAL LINE OF SYLVAN WAY;

THENCE ALONG SAID MARGINAL LINE NORTH 20 degrees 51'19" WEST 32.20 FEET TO A POINT ON THE EASTERLY EXTENSION OF THE NORTH MARGIN OF WEST HOLLY STREET;

THENCE ALONG SAID NORTH MARGIN, NORTH 89 degrees 33'52" WEST 780.87 FEET TO THE EAST MARGIN OF 32ND AVENUE SOUTHWEST;

THENCE ALONG SAID EAST MARGIN NORTH 0 degrees 48'55" EAST 1,244.11 FEET TO THE EXTENDED NORTH MARGIN OF THE ALLEY ALONG THE SOUTH LINE OF LOTS 6 AND 7 IN BLOCK 9 OF SAID HIGH POINT ADDITION TO THE CITY OF SEATTLE;

THENCE ALONG SAID NORTH MARGIN OF THE ALLEY NORTH 89 degrees 32'34" WEST 328.81 FEET TO THE EAST MARGIN OF 34TH AVENUE SOUTHWEST;

THENCE ALONG THE SAID EAST MARGIN NORTH 0 degrees 52'34" WEST 70.98 FEET TO THE SOUTHERLY MARGIN OF WEST GRAHAM STREET;

THENCE NORTH 0 degrees 43'48" EAST ACROSS WEST GRAHAM STREET 88.93 FEET TO THE NORTHEAST CORNER OF WEST GRAHAM STREET AND 34TH AVENUE SOUTHWEST;

THENCE ALONG THE NORTHERLY MARGIN OF WEST GRAHAM STREET, WESTERLY ON A CURVE TO THE RIGHT OF A UNIFORM RADIUS OF 300.00 FEET, THROUGH AN ARC DISTANCE OF 78.30 FEET;

THENCE CONTINUING ALONG SAID NORTHERLY MARGIN SOUTH 78 degrees 17'23" WEST 165.60 FEET TO A POINT ON THE EAST PROPERTY LINE OF LOT 2, BLOCK 7, HIGH POINT ADDITION TO THE CITY OF SEATTLE SUPPLEMENTAL PLAT;

THENCE ALONG SAID LAST DESCRIBED LINE NORTH 0 degrees 40'30" EAST 115.91 FEET TO A POINT ON THE SOUTH PROPERTY LINE OF LOT 11, BLOCK 7, HIGH POINT ADDITION TO THE CITY OF SEATTLE, SUPPLEMENTAL PLAT;

THENCE ALONG SAID LAST MENTIONED PROPERTY LINE NORTH 89 degrees 33'03" WEST, 86.00 FEET TO A POINT IN THE EAST LINE OF 35TH AVENUE SOUTHWEST;

THENCE NORTH 0 degrees 40'30" EAST ALONG SAID EAST MARGIN 481.47 FEET TO THE SOUTH MARGIN OF WEST RAYMOND STREET;

THENCE SOUTH 89 degrees 33'03" EAST ALONG SAID SOUTH MARGIN 656.98 FEET TO THE EAST MARGIN OF 32ND AVENUE SOUTHWEST EXTENDED SOUTHERLY;

THENCE NORTH 0 degrees 37'54" EAST ALONG SAID EAST MARGIN 663.92 FEET TO THE SOUTH MARGIN OF WEST JUNEAU STREET;

THENCE SOUTH 89 degrees 34'50" EAST, ALONG SAID SOUTH MARGIN 621.42 FEET TO THE EAST MARGIN TO 30TH AVENUE SOUTHWEST;

THENCE NORTH 0 degrees 34'38" EAST ALONG SAID EAST MARGIN 30.00 FEET TO THE SOUTH MARGIN OF WEST JUNEAU STREET;

THENCE SOUTH 89 degrees 34'50" EAST ALONG SAID SOUTH MARGIN 44.73 FEET TO THE EAST MARGIN OF 30TH AVENUE SOUTHWEST EXTENDED SOUTHERLY;

THENCE NORTH 0 degrees 21'51" EAST ALONG SAID EAST MARGIN 290.50 FEET;

THENCE SOUTH 89 degrees 38'20" EAST 580.00 FEET TO A MONUMENT;

THENCE SOUTH 0 degrees 21'51" WEST 291.19 FEET TO THE SOUTH MARGIN OF WEST JUNEAU STREET;

THENCE SOUTH 89 degrees 34'50" EAST ALONG SAID SOUTH MARGIN 698.10 FEET TO THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 24 AND THE POINT OF BEGINNING, CONTAINING 109.668 ACRES;

EXCEPT THAT PART DESCRIBED AS FOLLOWS:

A PARCEL OF LAND IN THE NORTHWEST QUARTER OF SECTION 25, TOWNSHIP 24 NORTH, RANGE 3 EAST, W.M., IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS:

BEGINNING AT THE CONCRETE MONUMENT MARKING THE INTERSECTION OF SYLVAN WAY SOUTHWEST AND SOUTHWEST HOLLY STREET;

THENCE SOUTH 89 degrees 33'52" EAST 35.47 FEET TO THE NORTHWEST CORNER OF SOUTHWEST HOLLY STREET, AS VACATED UNDER CITY OF SEATTLE ORDINANCE NUMBER 77187, AND THE TRUE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL;

THENCE CONTINUING SOUTH 89 degrees 33'52" EAST ALONG THE NORTHERLY MARGIN OF SAID VACATED SOUTHWEST HOLLY STREET AND ITS PROJECTION EASTERLY 1,173.21 FEET TO THE EASTERLY LINE OF SAID NORTHWEST QUARTER OF SECTION 25;

THENCE NORTH 0 degrees 27'02" EAST ALONG SAID EASTERLY LINE 12.00 FEET;

THENCE NORTH 89 degrees 33'52" WEST 1,146.23 FEET;

THENCE NORTH 0 degrees 27'02" EAST 8.02 FEET;

THENCE NORTH 89 degrees 33'52" WEST 34.87 FEET TO THE EASTERLY MARGIN OF SYLVAN WAY SOUTHWEST;

THENCE SOUTH 21 degrees 03'52" EAST ALONG SAID EASTERLY MARGIN 21.52 FEET, MORE OR LESS, TO THE TRUE POINT OF BEGINNING.

AND ALSO EXCEPT THAT PART IN ROADS.

AND ALSO EXCEPT THEREFROM, LOTS A & B OF CITY OF SEATTLE SHORT PLAT NO. 2204735, RECORDED UNDER RECORDING NO. 20021212900012; AND AMENDMENT THERETO UNDER RECORDING NO. 20030424900003.

(SAID PARCEL A ALSO BEING KNOWN AS LOT C OF SAID CITY OF SEATTLE SHORT PLAT NO. 2204735.)

AND ALSO EXCEPTING THEREFROM THE FOLLOWING:

PORTION OF THE SOUTHEAST ONE-QUARTER OF THE SOUTHWEST ONE-QUARTER OF SECTION 24, TOWNSHIP 24 NORTH, RANGE 3 EAST, W.M., DEFINED AS FOLLOWS:

BEGINNING AT THE INTERSECTION OF THE EAST LINE OF SAID SUBDIVISION AND A LINE 30 FEET SOUTH OF AND PARALLEL WITH THE NORTH LINE THEREOF;

THENCE WEST ALONG SAID PARALLEL LINE 313.31 FEET TO THE TRUE POINT OF BEGINNING;

THENCE SOUTH 69 degrees 19'05" WEST 216.67 FEET;

THENCE NORTH 14 degrees 15'10" WEST TO A LINE 30 FEET SOUTH OF AND PARALLEL WITH THE NORTH LINE OF SAID SUBDIVISION;

THENCE EAST ALONG SAID PARALLEL LINE TO THE TRUE POINT OF BEGINNING;

FOR PUBLIC PURPOSES, AS DISCLOSED BY CITY OF SEATTLE ORDINANCE NUMBER 83496.

AND ALSO EXCEPTING THEREFROM THE FOLLOWING:

PORTION OF THE SOUTHEAST ONE-QUARTER OF THE SOUTHWEST ONE-QUARTER OF SECTION 24, TOWNSHIP 24 NORTH, RANGE 3 EAST, W.M., LYING NORTH OF A LINE 30 FEET SOUTH OF AND PARALLEL WITH THE NORTH LINE OF SAID SUBDIVISION AND EAST OF THE PRODUCTION SOUTH OF THE WEST LINE OF 28TH AVENUE SOUTHWEST;

FOR STREET PURPOSES, AS DISCLOSED BY CITY OF SEATTLE ORDINANCE NUMBER 83496.

PARCEL B:

A TRACT OF LAND LYING AND BEING IN THE CITY OF SEATTLE, KING COUNTY, WASHINGTON AND DESCRIBED AS FOLLOWS:

BEING A PORTION OF THE NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 24 NORTH, RANGE 3 EAST, W.M., IN KING COUNTY, WASHINGTON, INCLUDING PORTIONS OF HIGH POINT ADDITION AND SAWYER'S HOME TRACTS ADDITION AS SHOWN ON PLATS RECORDED IN LAND RECORDS OF THE CITY OF SEATTLE, KING COUNTY, WASHINGTON.

SAID TRACT BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:

COMMENCING AT THE CENTER OF SAID SECTION 25;

THENCE NORTH 89 degrees 36'40" WEST ALONG THE EAST AND WEST CENTER LINE OF SAID SECTION FOR 913.13 FEET TO THE WEST LINE OF 28TH AVENUE SOUTHWEST;

THENCE NORTH 18 degrees 20'20" WEST ALONG THE WEST LINE OF SAID 28TH AVENUE FOR 31.68 FEET, TO THE TRUE POINT OF BEGINNING;

THENCE NORTH 89 degrees 36'40" WEST ALONG THE NORTH LINE OF WEST MYRTLE STREET FOR 1,080.78 FEET;

THENCE NORTH 0 degrees 49'06" EAST FOR 0.22 FEET;

THENCE NORTH 89 degrees 39'32" WEST FOR 308.25 FEET TO THE SOUTHWEST CORNER OF BLOCK 2 IN THE PLAT OF SAWYER'S HOME TRACTS ADDITION;

THENCE NORTH 0 degrees 56'01" EAST ALONG THE EASTERLY MARGIN OF 34TH AVENUE SOUTHWEST FOR 634.11 FEET;

THENCE SOUTH 89 degrees 39'14" EAST FOR 0.19 FEET;

THENCE NORTH 0 degrees 56'36" EAST ALONG THE EASTERLY MARGIN OF 34TH AVENUE SOUTHWEST FOR 634.09 FEET TO AN INTERSECTION WITH THE SOUTH MARGIN OF WEST HOLLY STREET;

THENCE SOUTH 89 degrees 35'50" EAST ALONG THE SOUTH MARGIN OF WEST HOLLY STREET FOR 131.00 FEET;

THENCE NORTH 0 degrees 56'36" EAST FOR 30.0 FEET;

THENCE SOUTH 89 degrees 35'50" EAST FOR 9.18 FEET;

THENCE NORTH 0 degrees 52'46" EAST ALONG THE EASTERLY MARGIN OF THE ALLEY IN BLOCK 16 AND A PORTION OF BLOCK 9 IN THE PLAT OF HIGH POINT ADDITION FOR 1,239.62 FEET;

THENCE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 15 FEET AND CONSUMING AN ANGLE OF 89 degrees 33'24" FOR AN ARC DISTANCE OF 23.45 FEET;

THENCE SOUTH 89 degrees 33'50" EAST ALONG THE SOUTH MARGIN OF THE ALLEY FOR 89 degrees 33'50" EAST ALONG THE SOUTH MARGIN OF THE ALLEY FOR 108.93 FEET TO AN INTERSECTION WITH THE WEST MARGIN OF THIRTY SECOND AVENUE SOUTHWEST;

THENCE SOUTH 0 degrees 49'06" WEST FOR 1,284.47 FEET TO AN INTERSECTION WITH THE SOUTH MARGIN OF WEST HOLLY STREET;

THENCE SOUTH 89 degrees 35'50" EAST ALONG SAID SOUTH MARGIN FOR 529.12 FEET TO AN INTERSECTION WITH THE WEST LINE OF THE EAST HALF OF THE EAST HALF OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 25;

THENCE SOUTH 0 degrees 43'54" WEST ALONG SAID WEST LINE FOR 302.00 FEET;

THENCE SOUTH 89 degrees 36'02" EAST FOR 166.53 FEET TO AN INTERSECTION WITH THE EAST LINE OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 25;

THENCE SOUTH 0 degrees 42'10" WEST ALONG THE EAST LINE OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER FOR 361.98 FEET TO THE SOUTH MARGIN OF WEST WILLOW STREET;

THENCE SOUTH 89 degrees 36'14" EAST ALONG THE SOUTH LINE OF WEST WILLOW STREET FOR 204.68 FEET TO AN INTERSECTION WITH THE WESTERLY MARGIN OF 28TH AVENUE SOUTHWEST;

THENCE SOUTH 18 degrees 20'20" EAST ALONG THE WESTERLY MARGIN OF SAID 28TH AVENUE SOUTHWEST FOR 637.70 FEET TO THE TRUE POINT OF BEGINNING;

CONTAINING 1,530,889 SQUARE FEET OR 35.144 ACRES.

EXCEPTING THEREFROM THE FOLLOWING:

THAT PORTION OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 25, TOWNSHIP 24 NORTH, RANGE 3 EAST, W.M., WASHINGTON, DESCRIBED AS FOLLOWS:

BEGINNING AT THE INTERSECTION OF THE EAST MARGIN OF 34TH AVENUE SOUTHWEST AND THE NORTH MARGIN OF WEST MYRTLE STREET IN THE CITY OF SEATTLE;

THENCE NORTH 0 degrees 56'01" EAST ALONG THE SAID EAST MARGIN 622.20 FEET TO THE TRUE POINT OF BEGINNING;

THENCE SOUTH 89 degrees 29'59" EAST 232.28 FEET;

THENCE SOUTH 0 degrees 54'01" WEST 168.36 FEET;

THENCE SOUTH 89 degrees 05'59" EAST 195.80 FEET;

THENCE NORTH 0 degrees 54'01" EAST 358.98 FEET;

THENCE NORTH 89 degrees 05'59" WEST 195.80 FEET;

THENCE SOUTH 0 degrees 54'01" WEST 180.62 FEET;

THENCE NORTH 89 degrees 29'59" WEST 232.28 FEET TO THE EAST MARGIN OF 34TH AVENUE SOUTHWEST;

THENCE SOUTH 0 degrees 56'01" WEST ALONG THE SAID EAST MARGIN 10 FEET TO THE TRUE POINT OF BEGINNING, CONTAINING 1.667 ACRES;

AND ALSO EXCEPTING THEREFROM THE FOLLOWING:

THOSE PORTIONS OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 25, TOWNSHIP 24 NORTH, RANGE 3 EAST, W.M., IN KING COUNTY, WASHINGTON, MORE PARTICULARLY DESCRIBED AS FOLLOWS:

BEGINNING AT THE INTERSECTION OF THE EAST MARGIN OF 34TH AVENUE SOUTHWEST AND THE NORTH MARGIN OF WEST MYRTLE STREET, IN THE CITY OF SEATTLE;

THENCE NORTH 0 degrees 56'01" EAST ALONG THE EAST MARGIN OF 34TH AVENUE SOUTHWEST 622.20 FEET;

THENCE SOUTH 89 degrees 29'59" EAST 232.28 FEET;

THENCE SOUTH 0 degrees 54'01" WEST 168.36 FEET TO THE FIRST TRUE TRUE POINT OF BEGINNING;

THENCE CONTINUING SOUTH 0 degrees 54'01" WEST 212.65 FEET;

THENCE SOUTH 89 degrees 05'59" EAST 195.80 FEET;

THENCE NORTH 0 degrees 54'01" EAST 212.65 FEET;

THENCE NORTH 89 degrees 05'59" WEST 195.80 FEET TO THE FIRST TRUE POINT OF BEGINNING, AND THEN;

THENCE NORTH 0 degrees 54'01" EAST 358.98 FEET TO THE SECOND TRUE POINT OF BEGINNING;

THENCE SOUTH 89 degrees 05'59" EAST 195.80 FEET;

THENCE NORTH 0 degrees 54'01" EAST 201.28 FEET;

THENCE NORTH 89 degrees 05'59" WEST 195.80 FEET;

THENCE SOUTH 0 degrees 54'01" WEST 201.28 FEET TO THE SECOND TRUE POINT OF BEGINNING, CONTAINING 1.86 ACRES;

AND ALSO EXCEPT THAT PORTION OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 25, TOWNSHIP 24 NORTH, RANGE 3 EAST, W.M., IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS:

COMMENCING AT THE INTERSECTION OF THE EASTERLY MARGIN OF 34TH AVENUE SOUTHWEST AND THE NORTHERLY MARGIN OF WEST MYRTLE STREET IN THE CITY OF SEATTLE;

THENCE NORTH 0 degrees 56'01" EAST ALONG THE SAID EASTERLY MARGIN OF 34TH AVENUE SOUTHWEST FOR 632.20 FEET TO THE TRUE POINT OF BEGINNING;

THENCE SOUTH 89 degrees 29'59" EAST FOR 232.28 FEET;

THENCE NORTH 0 degrees 54'01" EAST FOR 381.90 FEET;

THENCE NORTH 89 degrees 05'59" WEST FOR 56.80 FEET;

THENCE NORTH 0 degrees 56'36" EAST FOR 33.00 FEET;

THENCE NORTH 89 degrees 35'50" WEST FOR 175.00 FEET TO AN INTERSECTION WITH THE EASTERLY MARGIN OF 34TH AVENUE SOUTHWEST;

THENCE SOUTH 0 degrees 56'36" WEST ALONG SAID EASTERLY MARGIN FOR 413.09 FEET;

THENCE NORTH 89 degrees 36'14" WEST FOR 0.19 FEET;

THENCE SOUTH 0 degrees 56'01" WEST FOR 1.91 FEET TO THE TRUE POINT OF BEGINNING;

AND ALSO EXCEPT THAT PORTION OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 25, TOWNSHIP 24 NORTH, RANGE 3 EAST, W.M., IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS:

COMMENCING AT AN EXISTING MONUMENT AT THE INTERSECTION OF THE CENTERLINE OF 34TH AVENUE SOUTHWEST AND SOUTHWEST MYRTLE STREET;

THENCE SOUTH 89 degrees 36'26" EAST, ALONG THE CENTERLINE OF SAID SOUTHWEST MYRTLE STREET, 30.00 FEET;

THENCE NORTH 00 degrees 56'12" EAST 30.00 FEET, TO THE INTERSECTION OF THE NORTH MARGIN OF SAID SOUTHWEST MYRTLE STREET WITH THE EAST MARGIN OF SAID 34TH AVENUE SOUTHWEST;

THENCE NORTH 00 degrees 56'12" EAST, ALONG SAID EAST MARGIN, 1,047.20 FEET;

THENCE SOUTH 89 degrees 35'39" EAST 657.07 FEET TO THE WEST MARGIN OF 31ST AVENUE SOUTHWEST AND THE TRUE POINT OF BEGINNING;

THENCE SOUTH 00 degrees 46'35" WEST ALONG SAID WEST MARGIN 173.16 FEET TO THE MOST NORTHERLY LINE OF PARCEL DESCRIBED IN DOCUMENT RECORDED UNDER KING COUNTY RECORDING NUMBER 7708010863;

THENCE NORTH 89 degrees 25'00" WEST ALONG SAID NORTHERLY LINE 229.60 FEET TO THE EASTERLY LINE OF THE MOST NORTHERLY PARCEL DESCRIBED IN DOCUMENT RECORDED UNDER KING COUNTY RECORDING NUMBER 4195426;

THENCE NORTH 00 degrees 54'12" EAST ALONG SAID EASTERLY LINE 137.26 FEET TO THE NORTHERLY LINE OF SAID MOST NORTHERLY PARCEL DESCRIBED IN DOCUMENT RECORDED UNDER KING COUNTY RECORDING NUMBER 4185426;

THENCE NORTH 89 degrees 05'48" WEST ALONG SAID NORTHERLY LINE AND ITS WESTERLY EXTENSION 252.60 FEET TO THE EASTERLY LINE OF PARCEL DESCRIBED IN KING COUNTY RECORDING NUMBER 5077825;

THENCE NORTH 00 degrees 56'47" EAST ALONG SAID EASTERLY LINE 33.00 FEET TO A POINT FROM WHICH THE TRUE POINT OF BEGINNING BEARS SOUTH 89 degrees 35'39" EAST;

THENCE SOUTH 89 degrees 35'39" EAST 481.81 FEET TO THE TRUE POINT OF BEGINNING;

AND ALSO EXCEPT THAT PORTION OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 25, TOWNSHIP 24 NORTH, RANGE 3 EAST, W.M., IN KING COUNTY, WASHINGTON, LYING EASTERLY OF A LINE DESCRIBED AS FOLLOWS:

COMMENCING AT THE NORTHEAST CORNER OF SAID SOUTHWEST QUARTER;

THENCE ALONG THE NORTH LINE OF SAID SOUTHWEST QUARTER, NORTH 89 degrees 33'52" WEST 181.10 FEET;

THENCE SOUTH 0 degrees 26'08" WEST 30.00 FEET TO THE TRUE POINT OF BEGINNING, OF SAID LINE;

THENCE SOUTH 2 degrees 01'45" EAST 301.90 FEET;

THENCE SOUTH 13 degrees 29'00" EAST 130.79 FEET;

THENCE SOUTH 28 degrees 44'06" EAST 192.48 FEET;

THENCE SOUTH 0 degrees 41'38" WEST 67.18 FEET;

THENCE SOUTH 89 degrees 35'08" EAST 40.00 FEET, MORE OR LESS, TO THE EAST LINE OF SAID SOUTHWEST QUARTER.

AND ALSO EXCEPT THAT PORTION COMMENCING AT THE INTERSECTION OF THE NORTH MARGIN OF SOUTHWEST MYRTLE STREET AND THE WEST LINE OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 25, TOWNSHIP 24 NORTH, RANGE 3 EAST, W.M., IN KING COUNTY, WASHINGTON;

THENCE SOUTH 89 degrees 36'40" EAST ALONG SAID NORTH MARGIN 171.52 FEET TO THE TRUE PLACE OF BEGINNING OF THIS DESCRIPTION;

THENCE NORTH 07 degrees 56'03" WEST, 347.35 FEET TO AN IRON PIPE;

THENCE NORTH 11 degrees 34'37" WEST, 266.04 FEET, MORE OR LESS, TO A POINT IN A LINE PARALLEL WITH AND 30.00 FEET SOUTHERLY, MEASURED AT RIGHT ANGLES TO, THE NORTH LINE OF SAID SUBDIVISION;

THENCE SOUTH 89 degrees 36'14" EAST, 141.90 FEET, MORE OR LESS, TO THE WESTERLY MARGIN OF 28TH AVENUE SOUTHWEST;

THENCE SOUTH 18 degrees 20'20" EAST ALONG SAID MARGIN 637.70 FEET, MORE OR LESS, TO THE SAID NORTH MARGIN OF SOUTHWEST MYRTLE STREET;

THENCE NORTH 89 degrees 36'40" WEST ALONG SAID NORTH MARGIN, 241.21 FEET, MORE OR LESS, TO THE TRUE PLACE OF BEGINNING;

AND ALSO EXCEPT THAT PART AS FOLLOWS:

THAT PORTION OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 25, TOWNSHIP 24 NORTH, RANGE 3 EAST, W.M., IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS:

BEGINNING AT AN EXISTING MONUMENT AT THE INTERSECTION OF THE CENTERLINES OF 34TH AVENUE SOUTHWEST AND SOUTHWEST MYRTLE STREET;

THENCE EASTERLY ALONG LAST DESCRIBED CENTERLINE ON A BEARING OF SOUTH 89 degrees 36'25" EAST, A DISTANCE OF 30.00 FEET;

THENCE NORTH 0 degrees 56'12" EAST, A DISTANCE OF 30.00 FEET TO THE TRUE POINT OF BEGINNING OF THIS DESCRIPTION, SAID POINT BEING THE SOUTHWEST CORNER OF THE FOLLOWING DESCRIBED PROPERTY:

COMMENCING AT THE TRUE POINT OF BEGINNING;

THENCE NORTH 0 degrees 56'12" EAST A DISTANCE OF 622.20 FEET ALONG THE EASTERLY MARGIN OF 34TH AVENUE SOUTHWEST;

THENCE SOUTH 89 degrees 29'48" EAST, A DISTANCE OF 232.28 FEET;

THENCE SOUTH 0 degrees 54'12" WEST, A DISTANCE OF 381.01 FEET;

THENCE SOUTH 89 degrees 05'48" EAST, A DISTANCE OF 195.80 FEET;

THENCE NORTH 0 degrees 54'12" EAST, A DISTANCE OF 635.65 FEET;

THENCE SOUTH 89 degrees 25'00" EAST, A DISTANCE OF 229.58 FEET TO THE INTERSECTION WITH THE WESTERLY MARGIN OF WHAT IS COMMONLY KNOWN AS 31ST AVENUE SOUTHWEST;

THENCE SOUTHERLY ALONG SAID MARGIN ON A BEARING OF SOUTH 0 degrees 46'35" WEST, A DISTANCE OF 27.22 FEET TO A BEGINNING OF CURVE (THE RADIAL CENTER OF WHICH BEARS SOUTH 89 degrees 13'25" EAST, A DISTANCE OF 386.70 FEET AND HAS A CENTRAL ANGLE OF 36 degrees 16'55");

THENCE ON A CURVE TO THE LEFT IN A SOUTHEASTERLY DIRECTION, AN ARC DISTANCE OF 244.87 FEET TO A POINT OF REVERSE CURVATURE (THE RADIAL CENTER OF WHICH BEARS SOUTH 54 degrees 29'40" WEST, A DISTANCE OF 332.15 FEET AND HAS A CENTRAL ANGLE OF 36 degrees 42'49");

THENCE ON A CURVE TO THE RIGHT IN A SOUTHERLY DIRECTION AN ARC DISTANCE OF 212.83 FEET TO A POINT OF TANGENCY ON THE WESTERLY MARGIN OF WHAT IS COMMONLY KNOWN AS 31ST AVENUE SOUTHWEST;

THENCE SOUTHERLY ALONG SAID MARGIN ON A BEARING OF SOUTH 1 degrees 12'29" WEST A DISTANCE OF 417.84 FEET TO A POINT OF INTERSECTION WITH THE NORTHERLY MARGIN OF SOUTHWEST MYRTLE STREET;

THENCE WESTERLY ALONG SAID MARGIN ON A BEARING OF NORTH 89 degrees 36'25" WEST, A DISTANCE OF 796.19 FEET TO A POINT OF INTERSECTION WITH THE EASTERLY MARGIN OF 34TH AVENUE SOUTHWEST AND THE TRUE POINT OF BEGINNING;

AND ALSO EXCEPT THAT PART IN ROADS.

SHA Property Use Development Agreement HIGHPOINTSTVACORD ATT1 TO EXHIBIT B Page 1

HIGH POINT STREET VACATION ORDINANCE EXHIBIT B

When Recorded, Return to:

DO NOT REMOVE ANY ROWS IN THIS TABLE

MCCULLOUGH HILL FIKSO KRETSCHMER SMITH P.S.

Attention: G. Richard Hill

2025 First Avenue

Suite 1130

Seattle, WA 98121

NOTE: 1" BLANK margins required on all pages,

plus a 3" margin required on top of first page

(return address is "legal" within 3").

MANDATORY WASHINGTON FORMAT

Standardized Document Requirements Effective 1-1-97 (RCW 36.18 and 65.04)

PROPERTY USE AND DEVELOPMENT AGREEMENT

Grantor:

1)

Housing Authority of the City of Seattle

o Additional on page ____

(Last, First, Middle Initial)

Grantee:

1)

City of Seattle

o Additional on page ____

(Last, First, Middle Initial)

Legal Description (abbreviated):

A portion of the Southwest quarter of Section 24 and of the Northwest quarter of Section 25, Township 24 North, Range 3 East, W.M.

x Additional on :

Exhibit 1

Assessor's Tax Parcel ID #:

252403-9051-09, 252403-9049-04

Reference Nos. of Documents Released or Assigned:

N/A

THIS INSTRUMENT is executed this date in favor of the City of Seattle, a municipal corporation (herein "City"), by the Housing Authority of the City of Seattle, a Washington public body corporate and politic, d/b/a Seattle Housing Authority ("SHA").

WITNESSETH:

WHEREAS, SHA has proposed the redevelopment of the High Point Garden Community; and

WHEREAS, SHA has applied for and received approval of a preliminary subdivision of the High Point property to accommodate the proposed redevelopment; and

WHEREAS, the preliminary subdivision necessitated the vacation of:

* SW Lanham Way from 35th Avenue SW to SW Graham Street;

* SW Graham Street from 34th Avenue SW to High Point Drive SW;

* Sylvan Way SW from SW Graham Street to SW Morgan Street;

* 31st Avenue SW from SW Morgan Street to SW Holly Street;

* 31st Avenue SW from SW Graham Street to SW Morgan Street;

* 31st Avenue SW from SW Juneau Street to SW Lanham Way;

* Bataan Place from SW Lanham Way to SW Graham Street;

* SW Raymond Street from 32nd Avenue SW to High Point Drive;

* McArthur Court SW from High Point Drive SW near its intersection with Cycle Lane to the south margin of High Point Drive SW east of said intersection;

* High Point Drive SW from 30th Avenue SW to Slyvan Way SW;

* 32nd Avenue SW from SW Raymond Street to SW Morgan Street;

* 32nd Avenue SW from SW Morgan Street to SW Holly Street;

* SW Kenny Street from 31st Avenue SW to High Point Drive SW;

* SW Graham Street from High Point Drive SW to the east boundary of the SHA property of High Point;

* Also an irregular triangular portion (approximately 3447 square feet) of SW Graham Street at the intersection of SW Graham Street and 34th Avenue SW;

* All of the underlying plat of High Point Addition to the City of Seattle except that portion lying within Blocks 8 and 17 and the west half of Blocks 9 and 16. Except the platted north south alleys of said Blocks 9 and 16; Also except the northerly east-west alley within the Block 9 lying west of the east margin of the north-south alley in Block 9. Also except all of Block 8 Supplemental Plat of High Point Addition. Also except any portion of 34th Avenue SW lying south of the south margin of SW Graham Street; Also except any portion of SW Graham Street lying west of the east margin of 34th Avenue SW; Also except that portion of SW Morgan Street lying west of its point of curvature intersection with Sylvan Way SW.

* All of Block 7 of the Supplemental Plat of High Point Addition, except Lots 1 and 2 and those portions within SW Graham Street.

* All of Lots 15 through 24 of Blocks 25 through 28, inclusive, and the portions of the alleys immediately adjoining Lots 15 through 24 within Blocks 25 through 28, inclusive, of Plat No. 1 of West Side Addition to West Seattle. Also all of SW Juneau Street (Fifteenth Street) from the east margin of 30th Avenue SW (Alder Avenue) to the west margin of 28th Avenue SW (Ocean View Avenue). Also that portion of 29th Avenue SW (Yakima Avenue) lying south of the north line of Lots 15, Blocks 26 and 27, Plat No. 1 of West Side Addition to West Seattle to the north margin of SW Juneau Street (Fifteenth Street).

* The east 5.00 feet of 32nd Avenue SW lying between the south margin of SW Juneau Street and the north margin of SW Raymond Street.

* Also except any portion of Sylvan Way SW lying between the point of curvature intersection with SW Morgan Street and the east boundary of the plat of High Point Addition per street alignment shown on the Plat of High Point.

WHEREAS, SHA filed a petition (C. F. 305070) for the vacation of the above-referenced streets and alleys pursuant to Chapter 35.79 of the Revised Code of Washington and Seattle Municipal Code Chapter 15.62; and

WHEREAS, the High Point Committee of the Whole of the Seattle City Council held a public hearing on the street vacation petition on April 29, 2003; and

WHEREAS, the High Point Committee of the Whole of the Seattle City Council subsequently discussed the project in a public meeting; and

WHEREAS, the High Point Committee of the Whole of the Seattle City Council recommended approval of the street vacation petition, subject to conditions on May 19, 2003; and

WHEREAS, the Seattle City Council granted approval of the street vacation petition, subject to conditions on May 27, 2003; and

WHEREAS, execution of a Property Use and Development Agreement is desired to ensure compliance with any conditions of street vacation approval that will not be fully satisfied prior to passage of the ordinance vacating the above-referenced streets and alleys; and ;

NOW, THEREFORE, SHA hereby covenants, bargains and agrees on behalf of itself, its successors and assigns, that if the ordinance vacating the above-referenced streets and alleys is passed by the Seattle City Council and approved by the Mayor, SHA shall operate and maintain the Plat of High Point Community in accordance with this Property Use and Development Agreement:

Section 1. Addressed below are those conditions of the street vacation approval that require on-going effort during the construction and operation of the Plat of High Point Community, and could not, therefore, be met prior to passage of the ordinance vacating the above-referenced streets and alleys.

A. Substantial Conformance: The development of the Plat of High Point Community shall be substantially in conformance with the project presented to the City Council Committee of the Whole in April of 2003.

B. Street Improvements: All street improvements shall be designed in conformity with the agreement related to the Natural Drainage System and shall be reviewed and approved by Seattle Transportation ("SDOT"). It is anticipated that a formal agreement shall be developed that will specify street and right-of-way widths, drainage system options and locations, porous paving options, a plan for evaluation of the system, commitments relating to repair, maintenance, and replacement. Such agreement shall guide the street improvement plan. In addition to the elements addressed in the initial agreement, SHA shall provide a drainage basin plan report with the Street Improvement Plan that:

* Delineates public and private drainage requirements, through design guidelines;

* Establishes how water quality treatment of the 6-month, 24-hour storm event and flow attenuation of the 2-year storm event is achieved through natural system technology and design standards; and

* Delineates maintenance responsibilities for the drainage system in the public right-of-way.

Finally, SHA and SPU shall, prior to final City approval of the High Point Street Improvement Plan, enter into a Memorandum of Agreement that governs maintenance of the Natural Drainage System detention/retention pond to be located on Block 4, Tract 4A of the Plat of High Point Community.

C. Schedule and Quarterly Reports: In order to insure compliance with the conditions imposed by the City Council, SHA shall provide SDOT with quarterly reports, commencing following Council approval of the vacation, providing an update on the development activity and schedule and the progress on meeting the conditions. Along with the quarterly reports, SHA shall provide the Department of Planning and Development (DPD) (copy to SDOT), a status report on the amount of impervious surface coverage on each parent lot within the Plat of High Point Community, indicating whether the allowable impervious surface coverage percentage established by sheet 23b of the Final Plat for the parent lot has been reached, or if not, how much of the allowable percentage remains.

D. 34th Avenue SW. A final determination as to whether 34th Avenue SW (between SW Raymond Street and SW Graham Street) shall be dedicated as a public street shall be made by DPD and SDOT after SHA has completed its planning and design work for Block 9 of the Plat of High Point Community. In the event 34th Avenue SW is not dedicated as a public street, the petitioner shall ensure that no incremental development occurs on Block 9 that results in the creation of an access easement that appears and operates in a manner similar to a public street. Any access easement or easements created in connection with development of Block 9 shall be designed and constructed to provide clear notice to the public that they are not continuations of the public 34th Avenue SW right of way; shall not be in alignment with 34th Avenue SW; and may not provide through-block access between SW Raymond St and SW Graham Street. Petitioner acknowledges that the existing access easement that abuts Parent Lot 9-1 and serves the adjacent Parcels A and B shall not be available to serve development on Parent Lots 9-1 through 9-8. Petitioner also acknowledges that DPD and SDOT have the authority to require the dedication of 34th Avenue SW (between SW Raymond Street and SW Graham Street) as a public street, and that DPD and SDOT intend to require dedication as a public street if the proposed development of Block 9 follows a standard development pattern that results in a determination by DPD and SDOT that a public street is necessary to protect the public interest.

E. Park/Community Center Block. SW Park Street, now SW Eddy Street, shall not continue through the Park/community center block. No through street connection shall be permitted on the Park/community center block between 31st Avenue SW and Sylvan Way. Access to the park and community facilities shall be via a driveway that does not connect to both 31st Avenue SW and Sylvan Way.

Section 2. The legal description of the property upon which the High Point Community is located (the "Property") is included in Exhibit 1 hereto, which is incorporated herein by this reference. An executed copy of this 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.

Section 3. This Property Use and Development Agreement may be amended or modified by mutual agreement between the City and SHA, according to the following procedure. Minor changes to this Agreement may be approved by SDOT (and by SPU as to the Natural Drainage System), if the proposed change is consistent with the purpose and intent of the conditions. Any major changes to this Agreement, as determined by SDOT (and by SPU as to the Natural Drainage System), shall require approval by the City Council of the City by resolution or ordinance. SDOT and SPU shall provide SHA with notice and the opportunity to comment on whether a change is considered minor or major, prior to SDOT or SPU making that determination. Nothing in this Property Use and Development Agreement shall be construed as a surrender of the City's governmental powers.

Section 4. This Property Use and Development Agreement is made for the benefit of the City and the public. The City may institute and prosecute any proceeding law or in equity to enforce this Property Use and Development Agreement.

Section 5. It is further expressly agreed that in the event any covenant or condition or restriction in this instrument or any portion thereof is invalid or void, such invalidity or voidness shall in no way affect any other covenant, condition or restriction.

DATED this ____ day of ________________________ 2004.

HOUSING AUTHORITY OF THE CITY OF SEATTLE, a Washington public body corporate and politic

By: _____________________________

Name: _______________________

Its: _______________________

STATE OF WASHINGTON

COUNTY OF KING

}

ss.

On this day personally appeared before me _______________________, to me known to be the ________________________________ of HOUSING AUTHORITY OF THE CITY OF SEATTLE, the public body corporate and politic of the state of Washington that executed the foregoing instrument, and acknowledged such instrument to be the free and voluntary act and deed of such public non-profit corporation, for the uses and purposes therein mentioned, and on oath stated that he/she was duly authorized to execute such instrument.

GIVEN UNDER MY HAND AND OFFICIAL SEAL this _____ day of _______________________________, 2004.

Printed Name: ___________________________

NOTARY PUBLIC in and for the State of Washington, residing at ____________________

My Commission Expires: __________________

SHA Property Use Development Agreement HIGHPOINTSTVACORD EXHIBIT B Page 1