ORDINANCE __________________

AN ORDINANCE relating to land use and zoning; amending pages 151 and 165 of the Official Land Use Map to rezone property located at 6550 32nd Avenue S.W. (High Point Garden Community) from Multifamily Lowrise1 to a combination of Lowrise 2, Lowrise 4, and Neighborhood Commercial 2 with a 40' height limit; and accepting a Property Use and Development Agreement in connection therewith. (Petition of Seattle Housing Authority, C.F. 305400, Application. 2105600)

BE IT ORDAINED BY THE CITY OF SEATTLE AS FOLLOWS:

Section 1. This Ordinance affects the property described in the legal description attached to this Ordinance as Exhibit A (the "Property").

Section 2. The Official Land Use Map zone classification for the Property, as adopted by Ordinance 110570 and last amended by Ordinance 116152, and established on pages 151 and 165 of the Official Land Use Map, is amended to rezone the Property from Lowrise 1 to a combination of Lowrise 2, Lowrise 4 and Neighborhood Commercial 2 with a fortyfoot height limit, as shown in Exhibit B attached to this Ordinance, and subject to the terms and conditions described in Section 3, below.

Section 3. The Property Use and Development Agreement that was executed by Seattle Housing Authority, owner of the Property, by which said owner agrees to certain restrictions upon the property to ameliorate the adverse impacts of uses and developments otherwise permitted in the Lowrise 2, Lowrise 4 and Neighborhood Commercial 2 zones upon property in the vicinity, is hereby accepted and attached to this Ordinance as Exhibit C.

Section 4. Pursuant to SMC Section 23.76.060B(1)(b), the rezone of the Property shall expire and be of no force and effect ten (10) years from the effective date of the approval of this rezone, or, if construction permits have been applied for or issued at that time, until expiration of those permits.

Section 5. The City Clerk is hereby authorized and directed to file a copy of said Property Use and Development Agreement and of this Ordinance at the King County Records and Elections Division, to file the original of the 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 Design, Construction and Land Use 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 passage and 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 _______________, 2003, and signed by me in open session in authentication of its passage this _____ day of _______________, 2003. ________________________________ President of the City Council

Approved this _____ day of _______________, 2003 ________________________________ Mayor

Filed this _____ day of _______________, 2003 ________________________________ City Clerk

Exhibit A: Legal Description

Exhibit B: Rezone Map

Exhibit C: Property Use and Development Agreement

Exhibit A: Legal Description

Exhibit A: Legal Description

Legal Description of Proposed SHA High Point Revitalization SiteAs provided to applicant by Bush, Roed, & Hitchings Inc., on 2/26/03

DESCRIPTION:

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, 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" EAST, 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 ON 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;

THENCE NORTH 0 degrees 34'38" EAST 30.00 FEET TO THE SOUTH MARGIN OF WEST JUNEAU STREET AS DEDICATED IN THE PLAT OF WEST SIDE ADDITION TO WEST SEATTLE, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 7 OF PLATS, PAGE 48, IN KING COUNTY, WASHINGTON;

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 PLACE OF BEGINNING;

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 THAT PORTION DESCRIBED AS FOLLOWS:

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

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

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

AND ALSO EXCEPT THAT PART IN ROADS.

TOGETHER WITH THE FOLLOWING DESCRIBED PROPERTY:

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

BEING A PORTION OF THE NORTHWEST QUARTER OF SECTION 25, TOWNSHIP 24 NORTH, RANGE 3 EAST, W.M., IN KING COUNTY, WASHINGTON, INCLUDING PORTIONS OF HIGH POINT ADDITION AND SAWYER'S HOME TRACTS ADDITION, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 15 OF PLATS, PAGE 9, IN 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 TWENTY-EIGHTH AVENUE SOUTHWEST;

THENCE NORTH 18 degrees 20'20" WEST ALONG THE WEST LINE OF SAID TWENTY-EIGHTH 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 THIRTY-FOURTH AVENUE SOUTHWEST FOR 634.11 FEET;

THENCE SOUTH 89 degrees 36'14" EAST FOR 0.19 FEET;

THENCE NORTH 0 degrees 56'36" EAST ALONG THE EASTERLY MARGIN OF THIRTY-FOURTH 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 141.00 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 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 TWENTY-EIGHTH AVENUE SOUTHWEST;

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

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 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 198.80 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;

AND ALSO EXCEPT THAT PART AS FOLLOWS:

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 34'01" WEST 168.36 FEET TO THE FIRST 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;

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 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 4185426;

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 DOCUMENT RECORDED UNDER 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 ON 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.

Attachment 2: Rezone Map

Exhibit C: Property Use and Development Agreement When Recorded, Return to:

The City Clerk First Floor, Municipal Building 600 4th Avenue Seattle, WA 98104

EXHIBIT C: PROPERTY USE AND DEVELOPMENT AGREEMENT

Property Use and Development Agreement

When Recorded, Return to: THE CITY CLERK First Floor, Municipal Building 600 4th Avenue Seattle, WA 98104

PROPERTY USE AND DEVELOPMENT AGREEMENT

Grantor: 1) Seattle Housing Authority 2) Grantee: 1) The City of Seattle 2)

Legal Description (abbreviated):

SEE ATTACHMENT 1 FOR LEGAL DESCRIPTION OF PROPERTY (High Point Garden Community, 6550 32nd Avenue S.W., generally bounded by SW Juneau Street on the north, 35th Avenue SW on the west, SW Myrtle Street on the south, and the hillside above Longfellow Creek on the east.)

x Additional on : ATTACHMENT 1

Assessor's Tax Parcel ID #: 252403-9051-09; 252403-9049-04 Reference Nos. of Documents Released or Assigned: N/A

THIS PROPERTY USE AND DEVELOPMENT AGREEMENT (the "Agreement") is executed this _____ day of ______, 2003 in favor of the City of Seattle, a Washington municipal corporation (the "City"), by the Seattle Housing Authority (the "Owner"), a Washington municipal corporation, owner of property legally described herein (the "Property").

RECITALS

A. The Owner has a fee simple and/or substantial beneficial interest in the Property known as the High Point Garden Community in Seattle at 6550 32nd Avenue S.W., which is legally described in Attachment 1.

B. The Owner filed a petition (C.F. 305400) with the City for a contract rezone to rezone the Property from Lowrise 1 (L1) to a combination of Lowrise 2 (L2), Lowrise 4 (L4) and Neighborhood Commercial 2 with a forty-foot height limit (NC2-40'), as shown on the rezone map on Attachment 2, subject to conditions. The purpose of the application is to allow the Owner to redevelop the High Point Garden Community under a federal HOPE VI grant with a mix of residential and commercial uses.

C. 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."

D. On December 19, 2002, the Director of the Department of Design, Construction and Land Use ("DCLU") recommended that the rezone be granted, subject to conditions.

E. On March 5, 2003, the Hearing Examiner recommended that the rezone be granted, subject to conditions.

F. On May 19, 2003, the City Council Committee of the Whole voted to recommend to the full Council that the rezone be granted, subject to conditions.

AGREEMENT

Section 1. Pursuant to SMC 23.34.004, the 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 L1 to L2, L4 and NC2-40':

1. The changes in zone designation are granted as shown in Attachment 2, as limited in this Agreement and in the ordinance approving the contract rezone. Development of each block listed below is further limited as follows:

a. The maximum number of dwelling units permitted on the Property is 1,600 dwelling units, regardless of whether the density permitted under this Agreement or permitted under the applicable zone designation for any given block is higher.

b. The following blocks are zoned Lowrise 4 (L4): Blocks 1.3-1.4, 3.2, 4.1, 8, 10-13, 16-19, 21-24, 26-31, and 33.2-33.3. The density on these blocks is limited to the following density: 1 dwelling unit/1,200 s.f. of lot area. With the exception of the density limits noted here and in subsection 1a, above, all other L4 development standards apply to these blocks. The height on these blocks is limited to the L4 height limits.

c. The following blocks are zoned L4 and are subject to L4 density, height limits and development standards: Blocks 5, 14-15, 20, 32, and 34.2-34.4. (The changes in zone designation do not include the requested departure from height for Block 14.)

d. The following blocks are zoned Lowrise 2 (L2) and are subject to L2 density and development standards: Blocks 1.1-1.2, 2-3.1, B, 9.1-9.3, 25, 33.1, and 34.5-34.6.

e. The following block is zoned Neighborhood Commercial 2 with a forty-foot height limit (NC2-40') and is subject to the NC2-40' development standards, including the NC2-40' standards for heights: Block 9.4-9.8.

f. Uses are limited as follows: Block 5A, Library; Block 5B, Health Center; Block 15, Community Park; and Block 20, Neighborhood Center.

2. To the extent permitted by Conditions 1 and 2 above, the changes in zone designation are established only for the development of buildings with substantially the same design and platting pattern as represented in the applicant's Building Concept Plan (Sheet A2.0), Proposed Contract Rezone (Sheet A3.0), and Proposed Block Zoning (Sheet A3.1), dated October 31, 2002, including the same amenities and improvements as represented in these and other plan sheets from the October 31, 2002 plans and as modified by additional City review and shown in the plans presented at the hearing on February 10, 2003. (Copies of Sheets A2.0, A3.0 and A3.1 are attached as Attachments 3, 4, and 5.) The Council acknowledges that SHA may refine the Building Concept Plan (Sheet A2.0) as to building type, design and location on the lot to reflect the evolution of the Building Concept as it continues through the public review process through continuing community and SHA input, design review and design development.

3. A unit/building count map shall be prepared and updated prior to the submittal of applications for either future construction or with building permits, whichever occurs first, at least quarterly, and submitted to DCLU. DCLU shall maintain the unit/building count map and shall evaluate any proposed new uses or development to ensure that the restrictions, particularly those on density limits, contained in this PUDA are complied with.

4. SHA shall include the following language in Conditions, Covenants and Restrictions for High Point, which shall be binding on all purchasers of any portion of the Property: "...each prospective Owner is responsible for becoming apprised of the then most current Density Chart prior to acquiring any portion of the Property. Whenever any portion of the Property is conveyed, the deed shall expressly refer to the Density Restrictions and identify the maximum number of units that may be developed, constructed and operated on the property that is being conveyed by such deed."

5. SHA shall prepare Design Guidelines based on the Citywide Design Manual and the Conditions, Covenants and Restrictions for High Point. The Design Guidelines should be reviewed by the City's Design Review Board to confirm consistency with Citywide Design Guidelines and Design Review Board Guidance rendered for the High Point Redevelopment. The Design Guidelines shall be made part of the Conditions, Covenants and Restrictions made binding on all purchasers of any portion of the Property. Design review shall be required to the extent mandated by the Seattle Municipal Code, with the following exceptions. To ensure that proposed development is not "piecemealed" in such a fashion as to inappropriately avoid design review, any developer who develops in excess of eight units on a single block or adjacent blocks will be subject to design review even if those developments individually do not exceed eight units and are not otherwise contiguous to each other. Design review shall also be required for commercial uses, mixed-uses and minor institutional uses on the Property, and for all uses on Block 25.

6. On Block 25, a minimum setback is required along the west property line, a maximum front yard setback is required for uses on Block 25 and no alley access shall be required. The appropriate setbacks will be determined through administrative design review, which is required for the Block 25.

7. SHA must install all required streets, utilities and other infrastructure prior to occupancy of any development site with the exception that the final lift of asphalt may be completed at a later time. The development frontage street must have final pavement not more than 18 months after the development of each phase is occupied. Street trees shall be installed within 4 months of the final lift of asphalt for each phase.

8. SHA or its developer partners are financially responsible for any time spent by DCLU in connection with this Contract Rezone and the implementation of rezone conditions.

9. SHA must comply with the Replacement Housing Plan for High Point (SHA Board Resolution 4659, adopted September 16, 2002) contained in the High Point Final EIS as Appendix H (a copy is attached to this Agreement as Attachment 6).

Section 2. This 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 ten (10) years from the effective date of the approval of this rezone, or, if construction permits have been applied for or issued at that time, until expiration of those permits.

Section 3. This Agreement may be amended or modified by agreement between the Owner and the City; provided, such amendment agreement shall be approved by the City Council by ordinance. Nothing in this Agreement shall prevent the City Council from making such further amendments to the zoning ordinance and/or Land Use Code or exercising the City's police power, as it may deem necessary in the public interest. 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 4. 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.

Section 5. The Owner acknowledges that compliance with the conditions of this Agreement is a condition of the subject rezone and that if the 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 previously existing Lowrise 1 zone.

SIGNED this _____ day of ____________________, 2003.

OWNER, SEATTLE HOUSING AUTHORITY, a Washington Municipal Corporation

By ___________________________________________ Name ___________________________________________ Title ___________________________________________

STATE OF WASHINGTON COUNTY OF KING } ss.

On this day personally appeared before me ________________________, to me known to be the __________________________ of the SEATTLE HOUSING AUTHORITY, a Washington municipal corporation, the party that executed the foregoing instrument, and acknowledged such instrument to be the free and voluntary act and deed of such corporation, for the uses and purposes therein mentioned, and on oath stated that he was duly authorized to execute such instrument.

GIVEN UNDER MY HAND AND OFFICIAL SEAL this _____ day of _______________________________, 2003.

Printed Name ___________________________________ NOTARY PUBLIC in and for the State of Washington, residing at ______________________________________ My Commission Expires ___________________________ t

ATTACHMENT 1 TO EXHIBIT C:

Legal Description of Proposed SHA High Point Revitalization SiteAs provided to applicant by Bush, Roed, & Hitchings Inc., on 2/26/03

DESCRIPTION:

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, 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" EAST, 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 ON 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;

THENCE NORTH 0 degrees 34'38" EAST 30.00 FEET TO THE SOUTH MARGIN OF WEST JUNEAU STREET AS DEDICATED IN THE PLAT OF WEST SIDE ADDITION TO WEST SEATTLE, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 7 OF PLATS, PAGE 48, IN KING COUNTY, WASHINGTON;

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 PLACE OF BEGINNING;

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 THAT PORTION DESCRIBED AS FOLLOWS:

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

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

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

AND ALSO EXCEPT THAT PART IN ROADS.

TOGETHER WITH THE FOLLOWING DESCRIBED PROPERTY:

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

BEING A PORTION OF THE NORTHWEST QUARTER OF SECTION 25, TOWNSHIP 24 NORTH, RANGE 3 EAST, W.M., IN KING COUNTY, WASHINGTON, INCLUDING PORTIONS OF HIGH POINT ADDITION AND SAWYER'S HOME TRACTS ADDITION, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 15 OF PLATS, PAGE 9, IN 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 TWENTY-EIGHTH AVENUE SOUTHWEST;

THENCE NORTH 18 degrees 20'20" WEST ALONG THE WEST LINE OF SAID TWENTY-EIGHTH 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 THIRTY-FOURTH AVENUE SOUTHWEST FOR 634.11 FEET;

THENCE SOUTH 89 degrees 36'14" EAST FOR 0.19 FEET;

THENCE NORTH 0 degrees 56'36" EAST ALONG THE EASTERLY MARGIN OF THIRTY-FOURTH 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 141.00 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 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 TWENTY-EIGHTH AVENUE SOUTHWEST;

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

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 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 198.80 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;

AND ALSO EXCEPT THAT PART AS FOLLOWS:

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 34'01" WEST 168.36 FEET TO THE FIRST 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;

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 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 4185426;

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 DOCUMENT RECORDED UNDER 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 ON 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.

Attachment 3: Building Concept Plan (Sheet A2.0) Attachment 4: Proposed Contract Rezone (Sheet A3.0) Attachment 5: Proposed Block Zoning (Sheet A3.1)

5/5/03 Version 3