AN ORDINANCE relating to land use and zoning; amending Chapter 23.32 of the Seattle Municipal Code at page 14 of the Official Land Use Map, Plat 225E, to rezone property located at 1760 North Northgate Way, from Single Family 7200 (SF 7200) to Lowrise 3 (L3) and accepting a Property Use and Development Agreement in connection therewith. (Petition of VQS Corporation/Sam Furutani, LLC, C.F. 307452, Project Number 2502181)

BE IT ORDAINED BY THE CITY OF SEATTLE AS FOLLOWS:

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

1760 N. Northgate Way legally described as

Lot 11-12 Block 3 Lindsley's Mineral Springs Plat Beg at PT 40 FT N and 67 FT E of SW COR of 11 TH E PLL to N LN SD Lot 106.29 FT to NWLY LN of Mineral Springs Way TH SWLY ALG SD LN 134.6 PT TH NWLY to PT 67 FT E of 11-12 and S 52.5 FT FR POB TH N 52.5 FT to POB

Section 2. The Official Land Use Map zone classification for the Property, as adopted by Ordinance 114397 and established on page 14 of the Official Land Use Map (Plat 225E), is amended to rezone the Property from Single Family 7200 (SF 7200) to Lowrise 3 (L3), 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 Sam Furutani, LLC, owner ("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 L3 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, is two (2) 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, attached to this ordinance as Exhibit B, and a copy of this ordinance at the King County Records and Elections Division, to file, upon return of the recorded agreement from the King County Records and Elections 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 _________, 2006, and signed by me in open session in authentication of its passage this _____ day of __________, 2006. _________________________________ President __________of the City Council

Filed by me this ____ day of _________, 2006. ____________________________________ City Clerk

Exhibit A: Rezone Map Exhibit B: Property Use and Development Agreement

4/28/06 V. 4

Exhibit A: Rezone Map

Exhibit B: Property Use and Development Agreement

When Recorded, Return to: DO NOT REMOVE ANY ROWS IN THIS TABLE The City Clerk 600 Fourth Avenue, Floor 3 PO Box 34025 Seattle, Washington 98124-4025

NOTE: 1" BLANK margins required on MANDATORY WASHINGTON FORMAT all pages, plus a 3" margin Standardized Document required on top of first page Requirements Effective 1-1-97 (RCW 36.18 and 65.04) (return address is "legal" within 3").

PROPERTY USE AND DEVELOPMENT AGREEMENT

Grantor: 1) Sam Furutani, LLC 2) Additional on page (Last, First, Middle (Last, First, Middle Initial) Initial)

Grantee: 1) The City of Seattle 2)

Additional on page (Last, First, Middle (Last, First, Middle ____ Initial) Initial)

Legal Description 1760 N. Northgate Way (abbreviated): Lot 11-12 Block 3 Lindsley's Mineral Springs Plat Beg at PT 40 FT N and 67 FT E of SW COR of 11 TH E PLL to N LN SD Lot 106.29 FT to NWLY LN of Mineral Springs Way TH SWLY ALG SD LN 134.6 PT TH NWLY to PT 67 FT E of 11-12 and S 52.5 FT FR POB TH N 52.5 FT to POB

Additional on

Assessor's Tax Parcel ID #: Reference Nos. of Documents Released or Assigned: Complete all blanks within this "recording box."

THIS PROPERTY USE AND DEVELOPMENT AGREEMENT (the "Agreement") is executed this _____ day of ______, 2006, in favor of the CITY OF SEATTLE (the "City"), a Washington municipal corporation, by Sam Furutani, LLC (the "Owner"), a Washington State limited liability company.

RECITALS

A. Sam Furutani, LLC (the "Owner) is the owner of that certain real property (the "Property") in the City of Seattle zoned Single Family 7200 (SF 7200) and described as:

1760 N. Northgate Way

Lot 11-12 Block 3 Lindsley's Mineral Springs Plat Beg at PT 40 FT N and 67 FT E of SW COR of 11 TH E PLL to N LN SD Lot 106.29 FT to NWLY LN of Mineral Springs Way TH SWLY ALG SD LN 134.6 PT TH NWLY to PT 67 FT E of 11-12 and S 52.5 FT FR POB TH N 52.5 FT to POB.

B. On July 7, 2005, the Owner submitted to the City of Seattle an application for a contract rezone from SF 7200 to Lowrise 3 (L3). The purpose of the application is to allow the Property to be used for multi-family residential development.

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."

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

AGREEMENT

Section 1. Agreement. Pursuant to 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 SF 7200 to L3:

1. A ten (10) foot setback is required along all the property lines of the Property shared with the abutting single family zone.

2. A landscaped buffer is required along all property lines of the Property shared with the abutting single family zone. The buffer shall include at least three trees of a variety and size that will be at least roof-height ten (10) years after planting. Tree species shall be determined and estimated height verified by a landscape professional at the time of permit application.

3. When the Property is developed, a concrete pedestrian walkway shall be constructed in the right-of-way adjacent to the Property.

4. The setback, buffer and walkway shall be shown on the plans submitted with a permit application for any future development of the Property.

Section 2. Agreement Runs With the Land. 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 after-acquired title of the Owner of the Property.

Section 3. Termination. The covenants herein and the rezone shall expire and be of no force and effect two years from the effective date of the approval of this rezone if Owner fails to satisfy the requirement of Section 23.76.060.B.1 of the Seattle Municipal Code.

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 ____________________, 2006.

SAM FURUTANI, LLC a Washington limited liability company By: ______________________________________ Printed Name: _____________________________ Its: ______________________________________

STATE OF WASHINGTON COUNTY OF KING ss.

On this day personally appeared before me _________________________, to me known to be the ___________________ of Sam Furutani, LLC, the limited liability company 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 ____________, 2006.

Printed Name NOTARY PUBLIC in and for the State of ________, residing at _______________________________ My Commission Expires ___________________