ORDINANCE _________________

AN ORDINANCE relating to the Department of Parks and Recreation, authorizing the Superintendent to accept an assignment of the P-Patch Trust's rights to purchase land in Block 3, Hillman City Division No. 3, according to the Plat thereof, Recorded in Volume 11 of Plats, Page 38, records of King County, Washington; authorizing the purchase of said property; authorizing the Superintendent to grant a conservation easement and covenant with respect to such property in exchange for a conservation easement and covenant on adjacent property of the P-Patch Trust and the P-Patch Trust's payment of a part of the purchase price of the property being acquired by the City; authorizing the operation of such property as a P-Patch; and ratifying and confirming prior acts.

WHEREAS, the Hillman City P-Patch comprises two lots owned by the PPatch Trust and four lots owned by the Findlay Street Christian Church, and the four lots owned by the Church, each of equal size and approximately equal value, have been leased to the City for P-Patch use; and

WHEREAS, the Findlay Street Christian Church wishes to relocate and has entered into two Purchase and Sale Agreements to sell its four lots of P-Patch property to the P-Patch Trust, and the P-Patch Trust is willing to assign the rights to buy three of the lots to the City; and

WHEREAS, the P-Patch Trust wishes to purchase one of the lots owned by the Church for

P-Patch use, and the City wishes to purchase the remaining three lots for such use, but which lot is to be purchased by the P-Patch Trust is not yet determined; and

WHEREAS, Ordinance 121882, effective September 15, 2005, appropriated $100,000 from the Cumulative Reserve Fund, REET I Subaccount, for the purchase of this property; and

WHEREAS, Ordinance 121991, effective December 30, 2005, appropriated an additional $140,000 from the Cumulative Reserve Fund, REET I Subaccount, for the purchase of this property; NOW, THEREFORE,

BE IT ORDAINED BY THE CITY OF SEATTLE AS FOLLOWS:

Section 1. As requested by the Superintendent of the Department of Parks and Recreation and as recommended by the Mayor, the Superintendent is authorized, for and on behalf of the City, to accept an assignment of a portion of the Buyer's rights and agree to assume a portion of the Buyer's obligations under one or both of two Purchase and Sale Agreements for Sale of Real Property dated January 4, 2006, as amended ("Agreements"), copies of which are attached to this ordinance as Exhibits A through E, between the Findlay Street Christian Church as Seller, and the P-Patch Trust as Buyer, for the purchase of Lots 17, 18, 19, and 20, Block 3, Hillman City Division No. 3, according to the Plat thereof, Recorded in Volume 11 of Plats, Page 38, records of King County, Washington. The Superintendent is authorized to cause the City to assume the rights to acquire either Lots 17, 18, and 19 or Lots 18, 19, and 20, in said Block and Division, in the Superintendent's discretion. The lots to be acquired by the City are referred to as the "Property."

Section 2. The Superintendent of Parks and Recreation or his designee is authorized, on behalf of the City of Seattle, to acquire the Property for a purchase price and related acquisition costs payable by the City not to exceed Two Hundred Forty Thousand Dollars ($240,000.00), and to execute and deliver for recording a conservation easement and covenants in favor of the P-Patch Trust, requiring that the Property shall remain as perpetual community garden or open space, provided that the P-Patch Trust shall pay to the seller the remainder of the purchase price and acquisition costs of the Property, shall simultaneously complete the purchase of lot 17 or lot 20, said Block and Division, and shall grant in favor of the City a perpetual conservation easement and covenant, on that lot and lots 21 and 22, said Block and Division, providing that such lots shall remain as perpetual community garden or open space, on terms acceptable to the Superintendent. The Superintendent is authorized to execute, deliver, accept and modify such additional documents and take such additional actions as shall be reasonably necessary to complete the acquisition of the Property consistent with this ordinance.

Section 3. Upon delivery of the deed for the Property consistent with the Agreement, and the easement and covenant in favor of the City as described in Section 2, the Superintendent is authorized to accept and record the deed, and the easement and covenant, on behalf of the City of Seattle. The Property shall be accepted for parks and recreation purposes, and the Property shall be under the jurisdiction of the Department of Parks and Recreation. The Superintendent may authorize the Department of Neighborhoods to operate the Property as a P-Patch.

Section 4. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and confirmed.

Section 5. This ordinance shall take effect and be in force thirty (30) days from and after its passage and approval, if approved 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 _________, 2006, and signed by me in open session in authentication of its passage this _____ day of __________, 2006.

_________________________________

President __________of the City Council

Approved by me this ____ day of _________, 2006.

_________________________________

Gregory J. Nickels, Mayor

Filed by me this ____ day of _________, 2006.

____________________________________

City Clerk

Exhibit A: Purchase and Sale Agreement (Lots 17, 18 and 19)

Exhibit B: Purchase and Sale Agreement (Lot 20)

Exhibit C: First Amendment to Purchase and Sale Agreements

Exhibit D: Second Amendment to Purchase and Sale Agreements

Exhibit E: Third Amendment to Purchase and Sale Agreements

(Seal)

Dave Barber/db

Hillman City P-Patch.doc 7/17/06

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