CITY OF SEATTLE

ORDINANCE __________________

COUNCIL BILL __________________

AN ORDINANCE vacating a portion of Armory Way as condemned by Ordinance 67125, lying between Western Avenue and Elliott Avenue and vacated Pine Street and Virginia Street, adjacent to the PC-1 North Site within the Pike Place Market Historical District, on the petition of the Pike Place Market Preservation and Development Authority (Clerk File 313716).

WHEREAS, the Pike Place Market Preservation and Development Authority (“Petitioner”) filed a petition under Clerk File 313716 to vacate a portion of Armory Way; and

WHEREAS, after an August 12, 2014 public hearing on the petition, the City Council (“City Council”) conditionally granted the petition on September 2, 2014; and

WHEREAS, a Property Use and Development Agreement recorded on September 14, 2018, with the King County Recorder’s Office under Recording No. 20180914000075 commits the Petitioner and their successors to maintain ongoing public benefit obligations required by the vacation; and

WHEREAS, the City Council’s support of the Pike Place Market Waterfront Entrance Project (“Project”) at the PC-1 North Site as established in Resolution 31399 and Ordinance 124122 and other agreements outlined obligations of the parties including executing a Memorandum of Understanding (“MOU”) concerning redevelopment of the PC-1 North Site; and

WHEREAS, the MOU authorizes distributing bond funds and conveying real property for developing a mixed-use project with public parking, low-income housing, public open space, retail and commercial space; and

WHEREAS, because the MOA and other agreements describe development-related obligations and did not require paying a vacation fee, the City Council waives the vacation fee required by Section 15.62.090 of the Seattle Municipal Code; and

WHEREAS, the Petitioner has met all conditions imposed by the City Council in connection with the vacation petition; and

WHEREAS, vacating this portion of Armory Way is in the best interests of the public; NOW, THEREFORE,

BE IT ORDAINED BY THE CITY OF SEATTLE AS FOLLOWS:

Section 1. A portion of Armory Way as described below is vacated:

That portion of Armory Way (as condemned by Ordinance 67125) beginning at the intersection of vacated Stewart Street and the northeasterly margin of said Armory Way;

Thence South 30°38’30” East along said northeasterly margin, a distance of 40.24 feet;

Thence continuing along said margin South 59°24’35” West, a distance of 2.58 feet;

Thence leaving said margin, North 30°38’06” West, a distance of 104.84 feet;

Thence North 42°22’55” West, a distance of 200.47 feet to a point on the northeasterly margin of said Armory Way;

Thence South 47°42’09” East, along said northeasterly margin, a distance of 62.88 feet to a curve concave to the southwest, having a radius of 566.05 feet and a central angle of 17°04’41”;

Thence along said curve, a distance of 168.72 feet;

Thence South 30°38’30” East, a distance of 34.52 feet to the point of beginning.

Section 2. The Property Use and Development Agreement, recorded on September 14, 2018, with the King County Recorder’s Office under Recording Number 20180914000075, attached as Attachment A to this ordinance, is accepted.

Section 3. The Easement Agreement between Seattle City Light and Pike Place Market Preservation and Development Authority, recorded on July 31, 2018, with the King County Recorder’s Office under Recording No. 20180731000959 as required by the vacation conditions is accepted in the Ordinance introduced as Council Bill 119534.

Section 4. The vacation fee required by Section 15.62.090 of the Seattle Municipal Code is waived.

Section 5. 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 _________________________, 2019, and signed by me in open session in authentication of its passage this _____ day of _________________________, 2019.

____________________________________

President ____________ of the City Council

Approved by me this ________ day of _________________________, 2019.

____________________________________

Jenny A. Durkan, Mayor

Filed by me this ________ day of _________________________, 2019.

____________________________________

Monica Martinez Simmons, City Clerk

(Seal)