AN ORDINANCE relating to land use and zoning; amending Chapter 23.32 of the Seattle Municipal Code at page 173 of the Official Land Use Map, to rezone property located at 3908 S. Kenyon St., from Lowrise 2 (L2) multifamily residential to Lowrise 4 (L4) multifamily residential and accepting a Property Use and Development Agreement in connection therewith. (Petition of Inter*Im Community Development Association, C.F. 307757, Project Number 3003886)

BE IT ORDAINED BY THE CITY OF SEATTLE AS FOLLOWS:

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

PARCEL A: THE WEST HALF OF LOT 4, BLOCK 2, HERBERT S. UPPER'S ACRE TRACTS, ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME 11 OF PLATS. PAGE 95, IN KING COUNTY, WASHINGTON; EXCEPT THE WEST 105 FEET OF THE SOUTH 55 FEET THEREOF

PARCEL B: THE WEST 105 FEET OF THE SOUTH 55 FEET OF LOT 4 BLOCK 2, HERBERT S. UPPER'S ACRE TRACTS, ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME 11 OF PLATS, PAGE 95, IN KING COUNTY, WASHINGTON.

PARCEL C: LOT 5, BLOCK 2, HERBERT S. UPPER'S ACRE TRACTS, ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME 11 OF PLATS, PAGE 95, IN KING COUNTY, WASHINGTON; EXCEPT 196.6 FEET THEREOF.

Section 2. The Official Land Use Map zone classification for the Property, as adopted by Ordinance 110381 and last revised by Ordinance 122054 and established on page 173 of the Official Land Use Map, is amended to rezone the Property from Lowrise 2 (L2) multifamily residential to Lowrise 4 (L4) multifamily residential, 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 the Seattle Housing Authority, a Washington municipal corporation , owner ("Owner") of the Property by which said Owner and Successor agree to certain restrictions upon the Property to ameliorate the adverse impacts of uses and developments otherwise permitted in the L4 zone upon property in the vicinity, is hereby approved and accepted.

Section 4. This rezone shall expire and be of no force and effect four years from the effective date of the approval of this rezone unless within four years an application is filed for a Master Use Permit which is subsequently issued.

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, 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

8/4/06 v.3 t Exhibit A: Rezone Map Exhibit B: Property Use and Development Agreement When Recorded, Return to: THE SEATTLE CITY CLERK 600 Fourth Avenue, Floor 3 PO Box 34025 Seattle, Washington 98124-4025

NOTE: 1" BLANK margins required on all pages, plus a 3" margin required on top of first page

(return address is "legal" within 3"). MANDATORY WASHINGTON FORMAT

Standardized Document Requirements Effective 1-1-97 (RCW 36.18 and 65.04)

PROPERTY USE AND DEVELOPMENT AGREEMENT

Grantors: 1) Seattle Housing Authority 2) Additional on page ____ (Last, First, Middle Initial) (Last, First, Middle Initial)

Grantee: 1) The City of Seattle 2) Additional on page ____ (Last, First, Middle Initial) (Last, First, Middle Initial) Legal Description (abbreviated): THE WEST HALF OF LOT 4, BLOCK 2, AND LOT 5, BLOCK 2, EXCEPT 196.6 FEET THEREOF, HERBERT S. UPPER'S ACRE TRACTS,

ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME 11 OF PLATS.

PAGE 95, IN KING COUNTY, WASHINGTON;

Additional on : PAGE 2

Assessor's Tax Parcel ID #: 884240-0090-08, 884240-0091-07, 884240-0100-06

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 the Seattle HousingAuthority ( the "Owner"), a Washington municipal corporation.

RECITALS

A. The Seattle Housing Authority is the owner of that certain real property (the "Property") in the City of Seattle zoned Lowrise 2 (L2) multifamily residential and described as:

PARCEL A:

THE WEST HALF OF LOT 4, BLOCK 2, HERBERT S. UPPER'S ACRE TRACTS, ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME 11 OF PLATS, PAGE 95, IN KING COUNTY, WASHINGTON;

EXCEPT THE WEST 105 FEET OF THE SOUTH 55 FEET THEREOF

PARCEL B:

THE WEST 105 FEET OF THE SOUTH 55 FEET OF LOT 4 BLOCK 2, HERBERT S. UPPER'S ACRE TRACTS, ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME 11 OF PLATS, PAGE 95, IN KING COUNTY, WASHINGTON.

PARCEL C:

LOT 5, BLOCK 2, HERBERT S. UPPER'S ACRE TRACTS, ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME 11 OF PLATS, PAGE 95, IN KING COUNTY, WASHINGTON;

EXCEPT 196.6 FEET THEREOF.

B. On November 29, 2005, Inter*Im Community Development Association, as agent for the Owner and successor in interest, submitted to the City of Seattle an application for a contract rezone from L2 multifamily residential to Lowrise 4 (L4) multifamily residential. The purpose of the application is to allow the Property to be used for more intense 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, Owners hereby covenant, bargain and agree, 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 L2 to L4:

A. Development at the site shall be rented and/or sold only to households earning no more than 80% of the area median income;

B. Development under the L4 standards at the site shall be subject to design review through the neighborhood design review process provided by SMC chapter 23.41; and

C. Development at the site shall be accompanied by full street improvements as required by the Seattle Right-of-Way Improvement Manual and Chapter 23.53 of the Seattle Municipal Code.

D. Any future development on the site is limited to a Lowrise 3 density.

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, 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 four years from the effective date of the approval of this rezone or until expiration of a Master Use Permit for the contract rezone, whichever is longer.

Section 4. Amendment. This Agreement may be amended or modified by agreement between Owners and the City; provided, such amendment 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 or its successor 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 L2 zone.

SIGNED this _____ day of ____________________, 2006. Seattle Housing Authority , a Washington municipal corporation 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 the Seattle Housing Authority, the Washington municipal corporation 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 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 ___________________

7/31/06 V. 2