A RESOLUTION providing for the hearing on the petition of 500 Mercer Partners LLC, the City of Seattle and MTS Inc., for the vacation of the alley in Block 48, Replat of Blocks 45-53, Mercer's 2nd Addition to North Seattle, being the alley bounded by Mercer Street, 5th Avenue North, Roy Street and Taylor Avenue North; pursuant to Chapter 35.79 Revised Code of Washington (RCW) and Seattle Municipal Code (SMC) Chapter 15.62(Clerk File 305398).

WHEREAS, a petition was filed by 500 Mercer Partners LLC, the City of Seattle and MTS Inc. with the City Council to vacate public property; and

WHEREAS, said petition is signed by the owners of more than two-thirds of the property abutting on the subject vacation area; Now, Therefore,

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEATTLE:

That a hearing for the vacation of:

the alley in Block 48, Replat of Blocks 45-53, Mercer's 2nd Addition to North Seattle, as recorded in Volume 9 of Plats, page 54, Records of King County, Washington, being the alley in the block bounded by Mercer Street, 5th Avenue North, Roy Street and Taylor Avenue North

OR in the alternative, to vacate any portion of said right-of-way so particularly described;

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 right of way abutting upon said property after said vacation, and further;

RESERVING to the City of Seattle the right to reconstruct, maintain and operate any existing overhead or underground utilities in said described property until the beneficiaries of said vacation arrange with the owner or owners thereof for their removal;

is hereby fixed and that Tuesday, the twentieth day of May, 2003, at the hour of 2:00 o'clock p.m., in the City Council Chambers in the Seattle Municipal Building, is the time and place when and where the Transportation Committee of the City Council will consider said petition, and the City Clerk is directed to give due notice of such hearing in the manner provided by law.

A map, indicating the subject property described in the petition shall be affixed to and become a part of the notice, required by law to be posted in a conspicuous place on the subject right of way sought to be vacated.

ADOPTED by the City Council the day of , 2003, and signed by me in open session in authentication of its adoption this day of , 2003.

President Steinbrueck of the City Council

Filed by me this day of 2003.

City Clerk

(Seal)

Blk48phres.doc

April 16, 2003

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