CITY OF SEATTLE

ORDINANCE __________________

COUNCIL BILL __________________

AN ORDINANCE relating to the Washington State Convention Center facility addition; authorizing the Director of the Seattle Department of Transportation to acquire, accept, and record, on behalf of The City of Seattle, a temporary right of way easement with the Washington State Convention Center, Public Facilities District for the temporary reroute of Olive Way during construction of the new convention center facility; placing the easement under the jurisdiction of the Seattle Department of Transportation; and ratifying and confirming certain prior acts.

WHEREAS, the Washington State Convention Center (“WSCC”) petitioned The City of Seattle (“City”) to vacate a subterranean portion of Olive Way, and a full vacation of a portion of Terry Avenue and three existing alleys (“Vacations”), as part of the Washington State Convention Center’s new facility (“WSCC Addition” or “Site A”), residential tower (“Site B”), and office tower additions (“Site C”), as more particularly described in the vacation petition to the City, Clerk File 314338 (“Petition”); and

WHEREAS, the WSCC Addition includes an exhibit hall and a loading dock (“New Amenities”) that will extend below grade from Site A, beneath Olive Way, Terry Avenue, Site B, and Site C; and

WHEREAS, the construction of the New Amenities will require the temporary removal of a portion of Olive Way; and

WHEREAS, to mitigate this, WSCC will reroute Olive Way (“Temporary Reroute”) across its property, Site B and Site C, as well as Terry Avenue and two of the three alleys being vacated; and

WHEREAS, WSCC is granting a temporary right of way easement to the City (“Easement Agreement”) for street purposes to accomplish the Temporary Reroute; and

WHEREAS, once executed, the Easement Agreement will be recorded with the King County Recorder’s Office; and

WHEREAS, upon successful completion of the conditions set forth in the Easement Agreement, including reestablishing the permanent location of Olive Way, the Easement Agreement will be terminated and the termination notice will be recorded with the King County Recorder’s Office; and

WHEREAS, the Vacations are conditioned, in part, to the Temporary Reroute to facilitate construction of the New Amenities; NOW, THEREFORE,

BE IT ORDAINED BY THE CITY OF SEATTLE AS FOLLOWS:

Section 1. The Director of the Seattle Department of Transportation (“Director”), or the Director’s designee, is authorized to acquire, accept, and record, on behalf of the City, the Temporary Right of Way Easement (“Easement Agreement”) with the Washington State Convention Center, Public Facilities District, in substantially the form attached as Attachment A to this ordinance, to temporarily reroute a portion of Olive Way during construction of the Washington State Convention Center’s new facility, and the real property interests conveyed therein are placed under the jurisdiction of the Seattle Department of Transportation.

Section 2. The Director, or the Director’s designee, is authorized to terminate the Easement Agreement upon the terms provided therein, and to take any other actions reasonably necessary to terminate the Easement Agreement or reservation of rights, including executing a release of easement, and to record the same.

Section 3. Any act consistent with the authority of this ordinance taken prior to its effective date is ratified and confirmed.

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 _________________________, 2018, and signed by me in open session in authentication of its passage this _____ day of _________________________, 2018.

____________________________________

President ____________ of the City Council

Approved by me this ________ day of _________________________, 2018.

____________________________________

Jenny A. Durkan, Mayor

Filed by me this ________ day of _________________________, 2018.

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Monica Martinez Simmons, City Clerk

(Seal)