AN ORDINANCE relating to the Department of Parks and Recreation; authorizing the acquisition of real property located at 414 6th Avenue South, otherwise known as Lots 3 and 4, Block 41, Town of Seattle, as laid out by D. S. Maynard, commonly known as D.S. Maynard's Plat of Seattle according to the plat thereof recorded in Volume 1 of Plats, page 23, in King County, Washington; authorizing acceptance of the deed for open space, park, and recreation purposes; and authorizing acquisition by condemnation.

WHEREAS, the Neighborhood Parks, Green Spaces, Trails, and Zoo Levy (2000 Parks Levy), as proposed by Ordinance 120024 and approved by City of Seattle voters on November 7, 2000, provides funds for the acquisition of new neighborhood parks and green spaces; and

WHEREAS, the 2000 Parks Levy program includes an Acquisition and Development Opportunity Fund (hereafter, Opportunity Fund), making available up to Ten Million Dollars ($10,000,000) to fund acquisition and development projects not identified for funding in the remainder of the Levy program; and

WHEREAS, Ordinance 120024 established a Parks and Green Spaces Levy Oversight Committee (hereafter, Oversight Committee), with responsibilities to include adopting evaluation criteria and recommending Opportunity Fund awards to the Superintendent of Parks and Recreation, Mayor, and City Council; and

WHEREAS, in 2001-2002, the Oversight Committee conducted an extensive public process regarding acquisition and development projects to be funded in the first cycle of the Opportunity Fund; and

WHEREAS, in 2002, the Oversight Committee recommended a cumulative Opportunity Fund award of $3 million to support the purchase of yetto-be identified properties in the following Urban Center Villages: Pioneer Square/International District, Denny Triangle, and the University District; and

WHEREAS, the Chinatown-International District Neighborhood Plan prioritizes physical design and programming as strategies for safe and dynamic public spaces and the City used these and other criteria to evaluate numerous community-proposed open space sites; and

WHEREAS, the Chinatown, Japantown, Little Saigon International District Urban Design Streetscape and Open Space Master Plan dated February 2004 recommended acquiring an adjacent parcel to an existing open space in the Japantown/Chinatown area; and

WHEREAS, the City has determined that acquiring the property at 414 6th Avenue South, in order to expand Hing Hay Park, will address open space needs for the Chinatown-International District Neighborhood as established in Seattle's Park and Recreation Comprehensive Plan and Seattle's Parks and Recreation Plan 2000, and that it is in the public's best interest to acquire the same for open space, park, and recreation purposes;

WHEREAS, the Executive has stated that it will encourage the United States Postal Service (USPS) to retain the provision of postal services in the area and that it will work with USPS in its efforts to do so; NOW, THEREFORE,

BE IT ORDAINED BY THE CITY OF SEATTLE AS FOLLOWS:

Section 1. 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 414 6th Avenue South, together with all rights, privileges and other property pertaining thereto, be acquired for open space, park, and recreation purposes:

Lots 3 and 4, Block 41, Town of Seattle, as laid out by D. S. Maynard, commonly known as D.S. Maynard's Plat of Seattle, according to the plat thereof recorded in Volume 1 of Plats, page 23, in King County, Washington; EXCEPT the north 9 feet thereof.

(hereafter referred to as the "Property").

Section 2. The Superintendent of Parks and Recreation, or his or her designee, is authorized, on behalf of the City of Seattle, to negotiate and to 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 in fee simple the Property, 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 2000 Parks Levy Fund or from such general fund of the City of Seattle as may be provided by law.

Section 5. 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 _________, 2007, and signed by me in open session in authentication of its passage this _____ day of __________, 2007. _________________________________ President __________of the City Council

Approved by me this ____ day of _________, 2007. _________________________________ Gregory J. Nickels, Mayor

Filed by me this ____ day of _________, 2007. ____________________________________ City Clerk

DPR International District Acq ORD 01/04/07 Version #2 t