CITY OF SEATTLE

ORDINANCE __________________

COUNCIL BILL __________________

AN ORDINANCE relating to Seattle Public Utilities; declaring the residential property at 10042 Rainier Avenue S. surplus to the City's needs and authorizing the Director of Seattle Public Utilities to sell the real property through an open competitive process.

WHEREAS, Seattle Public Utilities purchased 10042 Rainier Avenue S. under Ordinance 123726 to augment the area available for a project to improve creek and shoreline habitat and control flooding; and

WHEREAS, Seattle Public Utilities completed a lot boundary adjustment to retain the shoreline portion of the original parcel at 10042 Rainier Avenue S. in city ownership; and

WHEREAS, the City by Resolution 30862 adopted amended procedures for the evaluation of the reuse and disposal of the City's real property, (Procedures), which established a uniform evaluation process for the reuse or disposal of real property the City owns in fee simple; and

WHEREAS, the adjusted parcel at 10042 Rainier Avenue S. is excess to the needs of Seattle Public Utilities; and

WHEREAS, no other City department or other governmental agencies proposed a public use for this property; and

WHEREAS, the Department of Finance and Administrative Services has recommended in its Final Report and Recommendation that the property be offered for sale through an open competitive process, and the Real Estate Oversight Committee has concurred with that recommendation; and

WHEREAS, the fair market value of the property, as determined by an August 2011 independent appraisal, is Six Hundred Thousand Dollars ($600,000) in which the sale of this excess property will help offset the costs of the property acquisition; NOW, THEREFORE,

BE IT ORDAINED BY THE CITY OF SEATTLE AS FOLLOWS:

Section 1. Pursuant to the provisions of RCW 35.94.040 and after a public hearing, the real property legally described in Attachment 1 hereto in King County, Washington, known as 10042 Rainier Avenue S., is hereby found and declared to be no longer required for providing public utility service and is hereby declared surplus to the City's needs.

Section 2. As requested by the Director of Seattle Public Utilities and recommended by the Department of Finance and Administrative Services in the 2012 Final Report for the Disposition of a portion of PMA No. 776 -Taylor Creek Property, said Director is authorized to offer said surplus property described in Attachment 1 for sale by open competitive process and to accept the best offer for the purchase of said property; and to execute, deliver and record, for and on behalf of the City of Seattle, Seattle Public Utilities, all agreements and documents necessary for such conveyance to the purchaser.

Section3. Proceeds from the sale authorized herein shall be deposited into Seattle Public Utilities' Drainage and Wastewater Fund 44010.

Section 4. 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 ________________________, 2012, and signed by me in open session in authentication of its passage this

_____ day of ___________________, 2012.

_________________________________

President __________of the City Council

Approved by me this ____ day of _____________________, 2012.

_________________________________

Michael McGinn, Mayor

Filed by me this ____ day of __________________________, 2012.

____________________________________

Monica Martinez Simmons, City Clerk

(Seal)

ATTACHMENT 1 -Legal Description of Property

Carolyn Johnson SPU 10042 Rainier Ave S. Surplus ORD July 31, 2012 Version #2

LEGAL DESCRIPTION

King County Tax Account No. 807300-0538; 10042 Rainier Avenue S.

Parcel "Y" of Lot Boundary Adjustment #3013495 recorded in King County under King County Recording #20120724900010 further described as:

That portion of Parcel "A" of the City of Seattle Short Plat Number 8406267, recorded under Recording Number 8605021031, in King County, Washington, lying southerly of the following described line:

Commencing at the southeast corner of said Parcel "A";

Thence N15 degrees 18'44"E along the east line of said Parcel "A", a distance of 157.00' to the point of the beginning of said decribed line;

Thence N74 degrees 42'53"W, a distance of 34.64' to the west line of said Parcel "A" and to the terminus of said described line.

Together with a non-exclusive easement for ingress and egress as delineated on City of Seattle Short Plat Number 8406267, recorded under Recodring Number 8605021031, in King County, Washington

Together with a sanitary sewer easement recorded under Recording Number 6678342, In King County, Washington

Together with a side sewer easement recorded under Recording Number 7303260578, in King County, Washington

Carolyn Johnson SPU 10042 Rainier Ave S. Surplus ATT 1 July 31, 2012 Version #1 ATTACHMENT 1

SPU 10042 Rainier Ave. S. Surplus Attachment 1