ORDINANCE _________________

AN ORDINANCE relating to land use and zoning; amending Chapter 23.32 of the Seattle Municipal Code at page 41 of the Official Land Use Map (Volume 6 of Plats, page 20, Records of King County) to rezone property located at 8016 Ashworth Avenue North from Single Family 5000 (SF 5000) to Lowrise 1 (L 1) Multifamily Residential and accepting a Property Use and Development Agreement in connection therewith. (Petition of Pryde Johnson Ashworth, L.L.C., C.F. 306618, Project Number 2307253.)

BE IT ORDAINED BY THE CITY OF SEATTLE AS FOLLOWS:

Section 1. This Ordinance affects the following described property (the "Property"):

COMMENCING AT A POINT 132 FEET NORTH OF THE SOUTHWEST CORNER OF THE

SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 6, TOWNSHIP 25 NORTH, RANGE 4 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON;

THENCE EAST 660 FEET, MORE OR LESS, TO THE EAST LINE OF SAID SOUTHWEST QUARTER OF THE NORTHEAST QUARTER;

THENCE NORTH 132 FEET, MORE OR LESS, TO A POINT 66 FEET SOUTH OF THE NORTHEAST CORNER OF THE SOUTH HALF OF SAID SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER;

THENCE WEST 660 FEET, MORE OR LESS, TO WEST LINE OF SAID SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER TO A POINT 66 FEET SOUTH OF NORTHEAST CORNER OF SAID SOUTH HALF OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER;

THENCE SOUTH 132 FEET, MORE OR LESS, TO THE PLACE OF BEGINNING;

EXCEPT THE WEST 35 FEET IN WIDTH OF SAID DESCRIBED TRACT FOR ASHWORTH AVENUE ;

AND EXCEPT THAT PORTION LYING EASTERLY OF THE WESTERLY MARGIN OF DENSMORE AVENUE AS ESTABLISHED BY ORDINANCE NUMBER 51536.

Section 2. The Official Land Use Map zone classification for the Property, as adopted by Ordinance 110381 and established on page 41 of the Official Land Use Map, is amended to rezone the Property from Single Family 5000 (SF 5000) to Lowrise 1 (L 1) Multifamily Residential, as shown in "Exhibit A," attached to this Ordinance.

Section 3. The Property Use and Development Agreement, attached to this Ordinance as "Exhibit B," executed by Pryde Johnson Ashworth, L.L.C. ("Owners") of the Property, by which said Owners agree to certain restrictions upon the Property to ameliorate the adverse impacts of uses and developments otherwise permitted in the L 1 zone upon property in the vicinity, is hereby approved and accepted.

Section 4. The period of the rezone of the Property, as calculated by S.M.C. Section 23.76.060.B.1.b, is five (5) years from the effective date of this ordinance.

Section 5. The City Clerk is hereby authorized and directed to file said Property Use and Development Agreement and a copy of this ordinance at the King County Records, Elections and Licensing Services Division and file, upon return of the recorded agreement from the King County Records, Elections and Licensing Services Division, the original of said Property Use and Development Agreement with this Ordinance at the City Clerk's Office, and to deliver copies of the same to the Director of the Department of Planning and Development and to the King County Assessor's Office.

Section 6. This Ordinance, effectuating a quasi-judicial decision of the City Council and not subject to mayoral approval or disapproval, shall take effect and be in force thirty (30) days from and after its passage and approval by the City Council.

Passed by the City Council the ____ day of _________, 2005, and signed by me in open session in authentication of its passage this _____ day of __________, 2005.

_________________________________

President __________of the City Council

Filed by me this ____ day of _________, 2005.

____________________________________

City Clerk

(Seal)

Exhibit A: Rezone Map

Exhibit B: Property Use and Development Agreement

Exhibit A (Rezone Map)

Exhibit B

Property Use and Development Agreement

Version 2

WHEN RECORDED RETURN TO

The City of Seattle

First Floor, Municipal Building

600 4th Avenue

Seattle, WA 98104

Washington State Recorder's Cover Sheet (RCW 65.01)

Document Title: Property Use and Development Agreement Reference Number(s) of Related Documents:

Grantor(s):

1. Pryde Johnson Ashworth LLC

2.

Grantee(s):

1. City of Seattle

2.

Abbreviated Legal Description:

Portion of the SW 1/4 of the NE 1/4 of the NE 1/4 of Section 6, Township 25 N, Range 4 E, King County, Washington

? Additional legal on Exhibit A of document. Assessor's Tax Parcel/Account Numbers:

062504-9247-05 Reference Nos. of Documents or Assigned:

N/A

PROPERTY USE AND DEVELOPMENT AGREEMENT

This Property Use and Development Agreement (the "Agreement") is executed this ____ day of _______________, 2005, in favor of the City of Seattle, a Washington municipal corporation (herein called "City"), by Pryde Johnson Ashworth LLC, a Washington limited liability company, ("Owner").

RECITALS

Pryde Johnson Ashworth LLC is the Owner of that certain real property in the City of Seattle legally described on Exhibit A attached hereto and incorporated herein by this reference ("Property" herein). The Property address is 8016 Ashworth Avenue North in the Green Lake neighborhood of Seattle.

B. According to the City of Seattle zoning maps, the Property currently has an SF-5000 zoning designation.

C. The 34,552 square foot Property is currently developed with an approximately 15,000 sq. ft., one-story brick building originally built as a utility service facility and over the past 35 years has been used as the operational center of a limousine service.

D. On February 26, 2004, Pryde Development, LLC, Owner's predecessor in interest, submitted to the City of Seattle an application to rezone the Property to L-1, subject to a Property Use and Development Agreement. The purpose of the application is to allow the Property to be redeveloped with a 20-unit, residential development consisting of 12 detached "cottage-style" single-family units, two clusters of four attached "carriage-style" units, one accessory building and accessory parking, all arranged around two connected landscaped common spaces with pedestrian access to both Ashworth Avenue North and Densmore Avenue North. Because the units are to be developed as a common project and individually do not meet the lot size requirements of the SF 5000 zone, rezoning of the Property is required.

E. Seattle Municipal Code (SMC) Section 23.34.004 allows the City to approve a contract rezone subject to "self-imposed restrictions upon the use and development of the property in order to ameliorate adverse impacts which could occur from unrestricted use and development permitted in the zone."

F. Owner desires the City to rezone the Property to L-1, pursuant to SMC 23.34.004 to facilitate redevelopment of the Property and the City is willing to rezone the Property pursuant to the Owner's Agreement to ensure the rezoning of the Property does not permit unrestricted development to occur.

AGREEMENT

Zone Changes Limited to Current Proposal. Pursuant to SMC 23.34.004, the Owner hereby covenants, bargains and agrees, on behalf of itself and its successor and assigns, that it will comply with the following limitations and conditions in consideration of the rezone of the Property from SF 5000 to L-1: The changes in zone designation are established only for development of a project substantially the same in height, design, materials and site layout and with substantially the same amenities and improvements, both public and private, as depicted in the application for MUP 2307253 and represented in the Clerk's File 306618.

Agreement Runs With the Land. This Property Use and Development Agreement ("Agreement") shall be recorded in the records of King County by the City Clerk. The covenants hereof shall be deemed to attach to and run with the Property and shall be binding upon the Owner, its heirs, successors and assigns, and shall apply to afteracquired title of the Owner of the Property; provided the covenants herein and the rezone shall expire and be of no force and effect five (5) years from the effective date of the approval of this rezone unless an application is filed for a building permit for the building contemplated in the MUP 2307253 and that buildings are completed and Certificates of Occupancy obtained from DPD within the time the permit is active and valid.

Amendment, Exercise of Police Power, No Precedent. This Agreement may be amended or modified by agreement between Owner and the City, provided such amended agreement shall be approved by the legislative authority of the City by ordinance. Nothing in this Agreement shall prevent the City Council from making such further amendments to the Land Use Code or exercising the City's police power as it may deem necessary in the public interest. Owner agrees that nothing in this Agreement is intended to authorize any use or dimension not otherwise permitted in a L-1 zone. The conditions contained in this Agreement are based on the unique circumstances applicable to this Property, and this Agreement is not intended to establish precedent for other rezones in the surrounding area.

Benefited. This Agreement is made for the benefit of the City and for the benefit of the Owners of the Property within 300 feet of the Property and either the City or any such Property Owners may institute and prosecute any proceeding at law or in equity to enforce this Agreement.

SIGNED this ______ day of _________________________, 2005.

GRANTOR:

PRYDE JOHNSON ASHWORTH, LLC

By: _______________________________

Its ________________________________

GRANTEE:

CITY OF SEATTLE

By: _______________________________

Its ________________________________

STATE OF WASHINGTON )

) ss.

COUNTY OF )

I certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that signed this instrument, on oath stated that authorized to execute the instrument and acknowledged it as the ______________ of Pryde Johnson Ashworth LLC to be free and voluntary act of such parties for the uses and purposes mentioned in this instrument.

DATED: Print Name:

NOTARY PUBLIC for the State of Washington, residing at

My appointment expires:

STATE OF WASHINGTON )

) ss.

COUNTY OF )

I certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that signed this instrument, on oath stated that authorized to execute the instrument and acknowledged it as the _______________ of the City of Seattle to be free and voluntary act of such parties for the uses and purposes mentioned in this instrument.

DATED:

Print Name:

NOTARY PUBLIC for the State of Washington, residing at

My appointment expires:

Exhibit A

[Legal Description of Grantor's Property]

Location:

Project site is located in Seattle between Ashworth Avenue North and Densmore Avenue North, north of North 82nd Street.

Legal Description: