AN ORDINANCE relating to the Department of Parks and Recreation; authorizing the acquisition of real property located at the northeast corner of Federal Avenue East and East Republican Street, otherwise known as Parcels A and B of Seattle Lot Boundary Adjustment No. 3006437; authorizing acceptance and recording of deeds for open space, park, and recreation purposes; and authorizing acquisition by condemnation.

WHEREAS, Resolution 31055 created the Parks and Green Spaces Levy Citizens' Advisory Committee to ensure citizen participation in the development of a potential package of parks, open space, boulevards, trails, green infrastructure, and recreation projects and a proposed set of options to fund the package; and

WHEREAS, the Parks and Green Spaces Levy Citizens' Advisory Committee, after being duly appointed and after spending many hours in open meetings and receiving public testimony and deliberating on the levy, voted by a strong majority to recommend that the City Council place a $145.5 million six-year levy proposal for park purposes before the voters of Seattle; and

WHEREAS, in response to this recommendation, the City Council passed Ordinance 122749, placing Proposition 2, the 2008 Parks and Green Spaces Levy before the voters of Seattle; and

WHEREAS, the 2008 Parks and Green Spaces Levy was approved by Seattle voters on November 4, 2008; and

WHEREAS, Ordinance 122749 identifies the Capitol Hill Urban Center Village for a potential neighborhood park acquisition; and

WHEREAS, the Department of Parks and Recreation considers the Capitol Hill Urban Center Village as significantly underserved with quality open space and is, therefore, a priority for additional development of parks and open space; and

WHEREAS, a vacant site at the northeast corner of Federal Avenue East and East Republican Street is well-suited for open space, park and recreation uses; and

WHEREAS, the City has determined that the property at the northeast corner of Federal Avenue East and East Republican Street will provide a new neighborhood park that meets the criteria to address open space needs established in Seattle's Park and Recreation Comprehensive Plan, Seattle's Parks and Recreation Plan 2000, and Seattle's 2006 Open Space Gap Report Update and that it is in the public's best interest to acquire the same for open space, park, and recreation purposes; NOW, THEREFORE,

BE IT ORDAINED BY THE CITY OF SEATTLE AS FOLLOWS:

Section 1. That public convenience and necessity require that the following described real property, situated in the City of Seattle, County of King, State of Washington, and commonly known as the northeast corner of Federal Avenue East and East Republican Street ("Property"), together with all rights, privileges and other property pertaining thereto, be acquired for open space, park, and recreation purposes:

Parcels A and B City of Seattle Lot Boundary Adjustment No. 3006437 recorded under recording number 20070911900005 also described of record as: Lots 7 and 8, Block 23, Supplemental Plat of Lincoln Pontius Addition to the City of Seattle, according to the plat thereof recorded in Volume 91 of Plats, page 52, in King County, Washington.

Section 2. The Superintendent of Parks and Recreation ("Superintendent"), or his or her designee, is authorized, on behalf of the City of Seattle, to negotiate and enter into agreements to acquire the Property upon payment of just compensation therefore, and to accept a deed for the Property by attaching to the deed the Superintendent's written acceptance thereof, and recording the same. The Property shall be accepted for open space, park, and recreation purposes, and placed under the jurisdiction of the Seattle Department of Parks and Recreation.

Section 3. The Seattle City Attorney is authorized to commence and prosecute proceedings in the manner provided by law to condemn, take, damage, and appropriate the Property in fee simple, after just compensation has been made or paid into court for the owners thereof, in the manner provided by law; and to stipulate for the purposes of minimizing damages.

Section 4. The entire cost of the acquisition provided for above shall be paid from the 2008 Parks and Green Spaces Levy fund or from such general fund of the City of Seattle as may be provided by law.

Section 5. Any act consistent with the authority of this ordinance that is taken after its passage but prior to its effective date is hereby ratified and confirmed.

Section 6. This ordinance shall take effect and be in force thirty (30) days from and after its 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 ________________________, 2010, and signed by me in open session in authentication of its passage this

_____ day of ___________________, 2010.

_________________________________

President __________of the City Council

Approved by me this ____ day of _____________________, 2010

_________________________________

Michael McGinn, Mayor

Filed by me this ____ day of __________________________, 2010.

____________________________________

City Clerk

(Seal)

Lise Ward/Kieu-Anh King

DPR Capitol Hill UCV Acq ORD

11 March 2010

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