ORDINANCE _________________

AN ORDINANCE vacating the following portions of streets, alleys, and blocks: SW Morgan Street between 15th Avenue SW and Burien Way SW; 12th Avenue SW, 13th Avenue SW, and 14th Avenue SW between SW Morgan Street and SW Holly Street; 11th Place SW between SW Morgan Street and SW Warsaw Street; 11th Avenue SW between SW Morgan Street and 10th Avenue SW; 10th Avenue SW between SW Morgan Street and SW Warsaw Street; SW Warsaw Street between 11th Place SW and 10th Avenue SW; SW Holly Street between 12th Avenue SW and W Marginal Way SW; the alley between 12th Avenue SW and Burien Way SW, north of SW Holly Street; Burien Way SW between the projected north margin of SW Morgan Street from the west to the northern margin of SW Holly Street, as vacated by Ordinance 93969, excepting the northern approximately 50' of Burien Way SW east of its centerline; approximately 350 feet of 9th Avenue SW from the north margin of SW Holly Street; approximately 340 feet of 8th Avenue SW from the north margin of SW Holly Street; approximately 350 feet of 7th Avenue SW from the north margin of SW Holly Street; Sound Way SW between SW Holly Street and Highland Park Way SW; all of Blocks 1, 2, and 3 in Ewald's 1st Addition to the City of Seattle; and all of Blocks 6, 7, 8, and 9 and a portion of Block 5 in Melville-Barth Addition to the City of Seattle, together known as the Sound Way properties in the Riverview neighborhood of West Seattle (the "Sound Way Property"), on the petition of the Seattle Department of Parks and Recreation ("Parks"); ratifying and confirming an easement; and approving a memorandum of understanding for utility purposes related herein (Clerk File 309972).

WHEREAS, Parks has filed a petition to vacate the Sound Way Property consisting of streets, alleys, and blocks in and near Blocks 1, 2, and 3 of Ewald's 1st Addition to the City of Seattle and Blocks 5, 6, 7, 8, and 9 in MelvilleBarth Addition to the City of Seattle; and

WHEREAS, in the 1950's and 1960's the City of Seattle purchased and laid off as right-of-way two groups of vacant properties for transportation projects, collectively known as the Sound Way project, which proved infeasible and was subsequently cancelled; and

WHEREAS, no further plans for transportation purposes were made by the City of Seattle for the Sound Way Property; and

WHEREAS, in 2003 the Fleets and Facilities Department analyzed options for the use of the property; and

WHEREAS, vacating the rights-of-way and incorporating the property into the greenbelt system will connect and consolidate City ownership of the greenbelt under one department which will allow for consistent management and the ability of the City to apply for available state grants for open space preservation; and

WHEREAS, once completed the vacation will add approximately 32 acres of permanent open space to the West Duwamish Greenbelt, the City's largest greenspace at over 375 acres, and make whole an otherwise segmented West Duwamish Greenbelt; and

WHEREAS, following a public hearing on the petition, held on August 4, 2009, the petition was conditionally granted; and

WHEREAS, Ordinance 121661 provides that City Departments are exempt from the payment of vacation fees, therefore no fee was required; and

WHEREAS, the Seattle City Council ("City Council") has conditionally approved the petition contingent upon resolving all utility issues, including but not limited to, the petitioner granting a no-cost permanent easement to the King County Wastewater Treatment Division with respect to its existing wastewater pipeline currently located within a portion of the Sound Way Property proposed for vacation and a Memorandum of Understanding between Parks and Seattle City Light to operate and maintain an existing electrical system within a portion of the vacated Sound Way Property; and

WHEREAS, Parks has committed to working cooperatively with Seattle Public Utilities to address any future drainage system changes; and

WHEREAS, the petitioner has now met all conditions imposed by City Council in connection with this vacation petition; and

WHEREAS, vacating the Sound Way Property that currently runs through the middle of the West Duwamish Greenbelt will help preserve areas of natural landscape and habitat for wildlife and is therefore in the best interest of the public; NOW, THEREFORE,

BE IT ORDAINED BY THE CITY OF SEATTLE AS FOLLOWS:

Section 1. That

All of Blocks 1 and 2 (Lots 1 through 16, inclusive, respectively); and Block 3 (Lots 1 through 4, inclusive); all in Ewald's 1st Addition to the City of Seattle, Volume 25 of Plats, Page 43, Records of King County, Washington; and

Lots 7 through 17, inclusive, Block 5; Lots 1 through 20, inclusive, Block 6; Lots 1 through 6, inclusive, Block 7; Lots 1 through 12, inclusive, Block 8; and Lots 1 through 25, inclusive, Block 9; all in Melville-Barth Addition to the City of Seattle, Volume 22 of Plats, Page 86, Records of King County, Washington.

TOGETHER WITH the following unopened street/public right of ways;

That portion of Sound Way Southwest between the south line of the northeast one quarter of the northwest one quarter (NE 1/4 of NW 1/4) of Section 30, Township 24 North, Range 4 East, W.M. and the northerly margin of Highland Park Way Southwest,

14th Avenue SW between the northerly margin of SW Holly Street and the southerly margin of SW Morgan Street,

13th Avenue SW between the northerly margin of SW Holly Street and the southerly margin of SW Morgan Street,

12th Avenue SW between the northerly margin of SW Holly Street and the southerly margin of SW Morgan Street,

11th Avenue SW between the westerly margin of 10th Ave SW and the southerly margin of SW Morgan Street,

11th Place SW between the northerly margin of SW Warsaw Street and the southerly margin of SW Morgan Street,

10th Avenue SW between the northerly margin of SW Warsaw Street and the southerly margin of SW Morgan Street,

9th Avenue SW between the northerly margin of SW Holly Street and the production southwesterly of the north line of Lot 6, Block 4 according to the plat of Melville-Barth Addition to the City of Seattle, Volume 22 of Plats, page 86 records of King County, Washington,

8th Avenue SW between the northerly margin of SW Holly Street and the production southwesterly of the north line of the southerly one half of Lot 9, Block 2, according to the plat of Melville-Barth Addition to the City of Seattle, Volume 22 of Plats, page 86 records of King County, Washington,

7th Avenue SW between the northerly margin of SW Holly Street and the production southwesterly of the north line of Lot 9, Block 1, according to the plat of Melville-Barth Addition to the City of Seattle, Volume 22 of Plats, page 86 records of King County, Washington,

All of SW Warsaw Street from 11th Place SW to 10th Avenue SW,

All of SW Holly Street between the easterly margin of 12th Avenue SW and the westerly margin of West Marginal Way SW,

That portion of SW Morgan Street according to the plat of Ewald's 1st Addition to the City of Seattle, Volume 25 of Plats, page 43 records of King County, Washington, between the easterly margin of 15th Avenue SW and the centerline of 12th Avenue SW,

That portion of SW Morgan Street according to the plat of Melville-Barth Addition to the City of Seattle, Volume 22 of Plats, page 86 records of King County, Washington, between the centerline of 12th Avenue SW and the westerly margin of Burien Way SW,

That portion of Burien Way SW between the south line of the northeast one quarter of the northwest one quarter (NE 1/4 of NW 1/4) of Section 30, Township 24 North, Range 4 East, W.M. and the northerly margin of SW Morgan Street from the west, EXCEPT that portion of the easterly one-half of Burien Way SW fronting Lot 1 and a portion of Lot 2, Block 5, Melville-Barth Addition currently not owned by the City of Seattle.

Unnamed 20' alley between Block 6 and Block 9, according to the plat of Melville-Barth Addition to the City of Seattle, Volume 22 of Plats, page 86 records of King County, Washington;

Be and the same is hereby vacated;

OR in the alternative, to vacate any portion of said right-of-way so particularly described;

RESERVING to the City of Seattle the right to make all necessary slopes for cuts or fills upon the above-described property in the reasonable original grading of any rights-ofway abutting upon said property after said vacation.

Section 2. The Wastewater Pipe Easement Agreement, between the City of Seattle and King County, King County Recording Number 20100824000780, attached hereto as Attachment A, is hereby ratified and confirmed.

Section 3. The Memorandum of Understanding between Parks and Seattle City Light, King County Recording Number 20100824000778, attached hereto as Attachment B, is hereby approved.

Section 4. This ordinance shall take effect and be in force 30 days from and 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 ________________________, 2010, and signed by me in open session in authentication of its passage this

_____ day of ___________________, 2010.

_________________________________

President __________of the City Council

Approved by me this ____ day of _____________________, 2010.

_________________________________

Michael McGinn, Mayor

Filed by me this ____ day of __________________________, 2010.

____________________________________

City Clerk

(Seal)

Attachment A: Wastewater Pipe Easement Agreement

Attachment B: Memorandum of Understanding

Beverly Barnett/GMH SDOT Sound Way Property Vacation ORD November 3, 2010 Version #4