CITY OF SEATTLE

ORDINANCE __________________

COUNCIL BILL __________________

AN ORDINANCE relating to the Burke-Gilman Trail; accepting an Easement Agreement between Inland Properties, Inc., as grantor, and the City of Seattle, as grantee, dated March 10, 1992, and an Easement Agreement among Inland Properties, Inc. and Fremont Dock Company, as grantors, and the City of Seattle, as grantee, dated March 10, 1992; authorizing the Director of Transportation to acquire, accept, and record, on behalf of the City of Seattle, a Trail Easement Agreement among Fremont Dock Co., The Quadrant Corporation, Fremont Lake Union Center LLC, Park View Waterside LLC, SMB of Seattle, LLC, Limpopo Properties, LLC, BBK Lake View, LLC, and Quadrant Lake Union Center Owners' Association, as grantors, and the City of Seattle, as grantee; placing the real property interests conveyed by such easement agreements under the jurisdiction of the Seattle Department of Transportation; and ratifying and confirming certain prior acts.

WHEREAS, in 1989, the Seattle City Council adopted Resolution 27933 approving, among other things, an agreement between the City of Seattle ("City") and Inland Properties, Inc. ("Inland"), dated January 24, 1989 ("Inland Agreement"), and an agreement between the City and Inland, Fremont Dock Company ("FDC"), and The Quadrant Corporation ("Quadrant"), dated January 24, 1989 ("Inland/FDC/Quadrant Agreement"), both concerning extension of the Burke-Gilman Trail; and

WHEREAS, the Inland Agreement and the Inland/FDC/Quadrant Agreement provided the procedures, terms, conditions, and form of trail easement agreements to be granted by Inland, by Inland and FDC, and by FDC and Quadrant for extension of the Burke-Gilman Trail in the Wallingford and Fremont areas of Seattle on property previously owned by Burlington Northern Railroad Company; and

WHEREAS, Inland granted a trail easement to the City by Easement Agreement dated March 10, 1992, signed by the parties, and recorded under King County recording number 9203172095 ("Inland Easement Agreement"), and the City constructed, opened and continues to maintain the trail pursuant to the Inland Easement Agreement; and

WHEREAS, Inland and FDC granted a trail easement to the City by Easement Agreement dated March 10, 1992, signed by the parties, and recorded under King County recording number 9203172094 ("Inland/FDC Easement Agreement"), and the City constructed, opened and continues to maintain the trail pursuant to the Inland/FDC Easement Agreement; and

WHEREAS, the Inland Easement Agreement and the Inland/FDC Easement Agreement have not been formally accepted by ordinance; and

WHEREAS, Quadrant constructed and opened to the public an extension of the Burke-Gilman Trail across property owned by FDC and leased to Quadrant or in which FDC and Quadrant have sufficient easement rights (the "Waterfront Property") pursuant to the terms of the Inland/FDC/Quadrant Agreement, but the parties did not prepare a trail easement agreement as required by the Inland/FDC/Quadrant Agreement; and

WHEREAS, Quadrant subsequently subleased portions of the Waterfront Property; and

WHEREAS, by amendment dated March 7, 2005 ("2005 Amendment"), FDC (for itself and as successor in interest to Inland), Quadrant, Quadrant's sublessees and the City amended the Inland/FDC/Quadrant Agreement to permit temporary closing of the Burke-Gilman Trail for Fremont Bridge maintenance and repair purposes, to permit post-closing relocation and reconstruction of the trail, to require City reconstruction of the trail, and to transfer responsibility for surveying and legally describing the trail easement to the City; and

WHEREAS, the City has reconstructed, surveyed, and legally described the trail across the Waterfront Property, and Fremont Dock Co., Quadrant, Fremont Lake Union Center LLC, Park View Waterside LLC, SMB of Seattle, LLC, Limpopo Properties, LLC, BBK Lake View, LLC, and Quadrant Lake Union Center Owners' Association, as grantors, are prepared to grant to the City a trail easement across the Waterfront Property, as required by the Inland/FDC/Quadrant Agreement, as amended by the 2005 Amendment; and

WHEREAS, City Council authorization by ordinance is required to acquire the trail easement across the Waterfront Property and to accept the trail easement agreement from Fremont Dock Co., Quadrant, Fremont Lake Union Center LLC, Park View Waterside LLC, SMB of Seattle, LLC, Limpopo Properties, LLC, BBK Lake View, LLC, and Quadrant Lake Union Center Owners' Association, as grantors; NOW, THEREFORE,

BE IT ORDAINED BY THE CITY OF SEATTLE AS FOLLOWS:

Section 1. The Easement Agreement dated March 10, 1992, and recorded under King County recording number 9203172095, between Inland Properties, Inc. ("Inland"), as grantor, and the City of Seattle ("City"), as grantee, a copy of which is attached hereto as Attachment 1, is hereby accepted, and the real property interests conveyed therein are placed under the jurisdiction of the Seattle Department of Transportation.

Section 2. The Easement Agreement dated March 10, 1992, and recorded under King County recording number 9203172094 among Inland and Fremont Dock Company, as grantors, and the City, as grantee, a copy of which is attached hereto as Attachment 2, is hereby accepted, and the real property interests conveyed therein are placed under the jurisdiction of the Seattle Department of Transportation.

Section 3. The Director of the Department of Transportation, or his designee, is authorized to acquire, accept on behalf of the City, and record the Trail Easement Agreement, substantially in the form attached hereto as Attachment 3 and incorporated herein, among Fremont Dock Co., The Quadrant Corporation, Fremont Lake Union Center LLC, Park View Waterside LLC, SMB of Seattle, LLC, Limpopo Properties, LLC, BBK Lake View, LLC, and Quadrant Lake Union Center Owners' Association, as grantors, and the City, as grantee. Upon recording of the Trail Easement Agreement, the real property interests conveyed therein shall be under the jurisdiction of the Seattle Department of Transportation.

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

Section 5. 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 ________________________, 2012, and signed by me in open session in authentication of its passage this

_____ day of ___________________, 2012.

_________________________________

President __________of the City Council

Approved by me this ____ day of _____________________, 2012.

_________________________________

Michael McGinn, Mayor

Filed by me this ____ day of __________________________, 2012.

____________________________________

Monica Martinez Simmons, City Clerk

(Seal)

Attachment 1: Easement Agreement (Inland Properties, Inc., as grantor, and the City, as grantee)

Exhibit A to Attachment 1: Legal description of property acquired by Inland Properties, Inc. from Burlington Northern Railroad Company

Exhibit 1 to Attachment 1: Legal description of easement area conveyed to the City

Exhibit 2 to Attachment 1: Sketch of Multipurpose Trail

Exhibit 3 to Attachment 1: Legal description of temporary construction easement area

Attachment 2: Easement Agreement (Inland Properties, Inc. and Fremont Dock Company, as grantors, and the City, as grantee)

Exhibit A to Attachment 2: Legal description of property acquired by Inland Properties, Inc. from Burlington Northern Railroad Company

Exhibit 1 to Attachment 2: Legal description of easement area conveyed to the City

Exhibit 2 to Attachment 2: Sketch of Multipurpose Trail

Exhibit 3 to Attachment 2: Legal description of temporary construction easement area

Attachment 3: Trail Easement Agreement (Fremont Dock Co., The Quadrant Corporation, Fremont Lake Union Center LLC, Park View Waterside LLC, SMB of Seattle, LLC, Limpopo Properties, LLC, BBK Lake View, LLC, and Quadrant Lake Union Center Owners' Association, as grantors, and the City, as grantee)

Exhibit A to Attachment 3: Legal Description of the Waterfront Property

Exhibit B to Attachment 3: Legal Description of RR Property (property formerly owned by Burlington Northern Railroad Company)

Exhibit C: Legal Description of Trail Easement

Exhibit D: Depiction of Trail Easement

Gretchen M. Haydel SDOT Burke-Gilman Trail Easement Acceptance ORD April 13, 2012 Version #3