AN ORDINANCE relating to land use and zoning; amending Chapter 23.32 of the Seattle Municipal Code at page 17 of the Official Land Use Map, to rezone property located at 12318 15th Ave NE from Single Family 7200 (SF 7200) to Neighborhood Commercial 3 with a 40 foot height limit (NC3-40), and accepting a Property Use and Development Agreement in connection therewith. (Project number 3008423, Clerk File 309623)

BE IT ORDAINED BY THE CITY OF SEATTLE AS FOLLOWS:

Section 1. This Ordinance affects the following legally described property ("the Property") commonly known as 12315 15th Ave NE:

TRACTS 184, 185 AND 186, PINEHURST ADDITION, ACCORDING TO THE PLAT THEREFOF RECORDED IN VOLUME 29 OF PLATS, PAGE 33, RECORDS OF KING COUNTY.

Section 2. The Official Land Use Map zone classification, established on page 17 of the Official Land Use Map, adopted by Ordinance 110381 and last modified by Ordinance 123020, is amended to rezone the Property from Single Family 7200 (SF 7200) to Neighborhood Commercial 3 with a 40 foot height limit (NC3-40), as shown in Exhibit A. The Official Land Use Map zone classification is conditioned upon performance and continued compliance with the conditions of the Property Use and Development Agreement referenced in Section 3 of this ordinance.

Section 3. The Property Use and Development Agreement, attached to this Ordinance as Exhibit B, executed by Safeway, Incorporated, owner ("Owner") of the Property, by which Owner agrees to certain restrictions upon the use and development of the Property to ameliorate the adverse impacts of uses and developments that would otherwise be permitted in the NC3-40 zone, which restrictions are directly related to the impacts expected to result from the rezone, is hereby approved and accepted.

Section 4. The rezone approval of the Property expires, pursuant to

Section 23.76.060.B of the Seattle Municipal Code, two years from the effective date of approval, unless, within the two year period, an application is filed for a Master Use Permit, which permit is subsequently issued. If the permit is subsequently issued, the rezone remains in effect unless revoked pursuant to Section 23.34.004.

Section 5. The City Clerk is hereby authorized and directed to file the Property Use and Development Agreement, attached to this ordinance as Exhibit B, with the King County Records and Elections. Upon return of the recorded agreement from the King County Records and Elections, the City Clerk shall file the original of the Property Use and Development Agreement with this Ordinance at the City Clerk's Office and 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 ________________________, 2009, and signed by me in open session in authentication of its passage this

_____ day of ___________________, 2009.

_________________________________

President __________of the City Council

Filed by me this ____ day of __________________________, 2009.

____________________________________

City Clerk

(Seal)

Version #5

Exhibit A: Rezone Map

Exhibit B: Property Use and Development Agreement

When Recorded, Return to:

THE SEATTLE CITY CLERK

600 Fourth Avenue, Floor 3

PO Box 94728

Seattle, WA 98124-4728

__________________________________________________________________________ _

PROPERTY USE AND DEVELOPMENT AGREEMENT

Grantors: 1) Safeway Inc.

Grantee: 1) The City of Seattle

Legal Description (abbreviated):

TRACTS 184, 185 AND 186, PINEHURST ADDITION, ACCORDING TO THE PLAT THEREFOF RECORDED IN VOLUME 29 OF PLATS, PAGE 33, RECORDS OF KING COUNTY.

Assessor's Tax Parcel ID #s: 6798100970; 6798100975; 6798100980

Reference Nos. of Documents Released or Assigned: _______________

THIS PROPERTY USE AND DEVELOPMENT AGREEMENT (the "Agreement") is executed this _______ day of October, 2009, in favor of THE CITY OF SEATTLE (the "City"), a Washington municipal corporation, by SAFEWAY INC., a Delaware corporation (the "Owner").

RECITALS

A. Owner is the owner of that certain real property (the "Property") in the City of Seattle that is zoned Single-Family 7200 (SF-7200) that is the subject of a Contract Rezone allowed under Seattle Municipal Code Section 23.34 and described as:

TRACTS 184, 185 AND 186, PINEHURST ADDITION, ACCORDING TO THE PLAT THEREFOF RECORDED IN VOLUME 29 OF PLATS, PAGE 33, RECORDS OF KING COUNTY.

B. On November 21, 2008, Owner applied for a contract rezone of the Property from SF-7200 to either Neighborhood Commercial 2 or Neighborhood Commercial 3 with a 40-foot height limit (NC2-40 or NC3-40). Both the Department of Planning & Development and the Hearing Examiner recommended approval of a rezone to NC3-40.

C. Seattle Municipal Code ("SMC") 23.34.004 allows the City to approve a contract rezone subject to subject to the execution, delivery and recording of an agreement executed by the legal or beneficial owner of the property to be rezoned to self-imposed restrictions upon the use and development of the property in order to ameliorate adverse impacts that could occur from unrestricted use and development permitted by development regulations otherwise applicable after the rezone.

NOW, THEREFORE, in consideration of the mutual agreements contained herein, the parties agree as follows:

AGREEMENT

Section 1. Agreement. Pursuant to Seattle Municipal Code 23.34.004, Owner hereby covenants, bargains and agrees, on behalf of itself and its successors and assigns, that it will comply with the following limitations and conditions in consideration of the rezone of the Property from SingleFamily 7200 (SF-7200) to Neighborhood Commercial 3 with a 40-foot height limit (NC3-40).

1. Owner will construct the proposed Safeway store substantially in compliance with the final approved Master Use Permit plans dated May 29, 2009, as amended June 12, 2009. This substantial compliance shall include but not be limited to the details of structure design, structure height, building materials, landscaping, street improvements, parking lot design and layout, signage and site lighting.

Section 2. Agreement Runs With the Land. This Property Use and Development Agreement (hereinafter "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 land and shall be binding upon the Owner, its heirs, successors and assigns, and shall apply to afteracquired title of the Owner of the Property.

Section 3. Termination. These covenants and the rezone shall expire two years from the effective date of approval, unless, within the two year period, an application is filed for a Master Use Permit for the Property, which permit is subsequently issued. The rezone remains in effect unless revoked pursuant to Section 23.34.004.

Section 4. Amendment. This Agreement may be amended or modified by agreement between Owners and the City; provided, such amendment agreement shall be approved by the legislative authority of the City by ordinance.

Section 5. Exercise of Police Power. Nothing in this Agreement shall prevent the City Council from making such further amendments to the Seattle Municipal Code or Land Use Code as it may deem necessary in the public interest.

Section 6. No Precedent. 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.

Section 7. Benefited. This Agreement is made for the benefit of the City and for the benefit of the owners of 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.

Section 8. Repeal as Additional Remedy. Owner acknowledges that compliance with the conditions of this Agreement is a condition of the subject rezone and that if Owner avails itself of the benefits of this rezone but then fails to comply with the conditions of this Agreement with the City, in addition to pursuing any other remedy, the City may revoke the rezone by ordinance and require the use of the Property to conform to the requirements of the SF-7200 zone.

SIGNED this _____ day of October, 2009.

SAFEWAY INC.

By: ______________________________________

Its Assistant Vice-President

By: ______________________________________

Its Assistant Secretary

STATE OF WASHINGTON )

) ss.

COUNTY OF KING )

On this day personally appeared before me , to me known to be the Assistant Vice-President of Safeway Inc., the corporation that executed the foregoing instrument and acknowledged such instrument to be the free and voluntary act and deed of such company, for the uses and purposes therein mentioned, and on oath stated that she/he was duly authorized to execute such instrument.

GIVEN UNDER MY HAND AND OFFICIAL SEAL this ___ day of September, 2009.

Printed Name:

Notary Public in and for the State of Washington

Residing at:

My commission expires:

STATE OF WASHINGTON )

) ss.

COUNTY OF KING )

On this day personally appeared before me , to me known to be the Assistant Secretary of Safeway Inc., the corporation that executed the foregoing instrument and acknowledged such instrument to be the free and voluntary act and deed of such company, for the uses and purposes therein mentioned, and on oath stated that she/he was duly authorized to execute such instrument.

GIVEN UNDER MY HAND AND OFFICIAL SEAL this ___ day of September, 2009.

Printed Name:

Notary Public in and for the State of Washington

Residing at:

My commission expires: