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AN ORDINANCE relating to the portions of various unopened streets generally considered part of Kiwanis Memorial Preserve Park and designating them as public park, drive and boulevards; amending Appendices I and II to Ordinance 117569 and to Title 15 of the Seattle Municipal Code (Description and Maps of Park Drives and Boulevards); transferring administrative jurisdiction over those unopened streets, more specifically, portions of Gilman Avenue W., Albert Place W., North View Pl. W., 34th Avenue W., 35th Avenue W., W. Fort Street, and the alleyway between W. Fort Street and 34th Avenue W., and the alleyway between Brygger Drive W. and 33d Avenue W., from the Seattle Department of Transportation to the Department of Parks and Recreation; and providing for continued use of the rights of way for transportation and utility purposes.

Date introduced/referred: June 5, 2006
Date passed: June 12, 2006
Status: Passed
Vote: 9-0
Date of Mayor's signature: June 19, 2006
(about the signature date)

Committee: Parks, Education, Libraries and Labor
Sponsor: DELLA

Index Terms: PARKS, ENVIRONMENTAL-PROTECTION, MAGNOLIA, OPEN-SPACE-LAND, STREETS, BOULEVARDS

References/Related Documents: Amending: Ord 117569

ORDINANCE _________________

AN ORDINANCE relating to the portions of various unopened streets
generally considered part of Kiwanis Memorial Preserve Park and
designating them as public park, drive and  boulevards; amending
Appendices I and II to Ordinance 117569 and to Title 15 of the
Seattle Municipal Code (Description and Maps of Park Drives and
Boulevards); transferring administrative jurisdiction over those
unopened streets, more specifically, portions of Gilman Avenue W.,
Albert Place W., North View Pl. W., 34th Avenue W., 35th Avenue W.,
W. Fort Street, and the alleyway between W. Fort Street and 34th
Avenue W., and the alleyway between Brygger Drive W. and 33d Avenue
W., from the Seattle Department of Transportation to the Department
of Parks and Recreation; and providing for continued use of the
rights of way for transportation and utility purposes.

WHEREAS, Kiwanis Memorial Preserve Park is composed of several
separate and non-contiguous parcels divided by largely unopened and
undevelopable street rights of way; and

WHEREAS, the orderly and efficient management of the Kiwanis Ravine
and the intervening streets can best be accomplished when managed by
a single City department; and

WHEREAS, the Department of Parks and Recreation (DPR) has undertaken
and promoted efforts to restore native vegetation and animal habitat
in the Kiwanis Memorial Preserve Park and such restoration would be
ineffective if it did not include restoration of the vegetation in
the street rights of way; and

WHEREAS, owners of private properties abutting several of the rights
of way may require access across the rights of way for utility
purposes or ingress and egress to adjacent private properties; and

WHEREAS, the rights of private property owners will be preserved if
the street rights of way are characterized as Park Boulevards; and

WHEREAS, designation as a Park Boulevard allows for, and is subject
to, the protection of and provision for transportation and utility
uses; and

WHEREAS, management and control by the Superintendent of Parks and
Recreation will assure that the rights of way are operated in a
manner consistent with best management practices pertaining to
environmentally restored habitats; and

WHEREAS, maintenance of boulevards is subject to an agreement titled
"Boulevard Agreement" between DPR and the Seattle Department of
Transportation (SDOT) as authorized by Ordinance Number 111551, and
said agreement will assure that these rights of way will be
maintained in accordance with the other Park Boulevards throughout
the City;

  NOW, THEREFORE,

BE IT ORDAINED BY THE CITY OF SEATTLE AS FOLLOWS:

      Section 1.  The portions of Gilman Avenue W., Albert Place W.,
North View Pl. W., 34th Avenue W., 35th Avenue W., W. Fort Street,
and the alleyway between W. Fort Street and 34th Avenue W. and the
alleyway between Brygger Drive W. and 33rd Avenue W. described as
follows (the ""Designated Portions") are hereby designated as Park
Boulevards, as defined in SMC 15.02.046 and RCW 35.21.190:

All that real property described as follows:

35th Avenue W. between the southerly margin of W. Fort Street to a
line extending the southerly boundary of Lot 18, Block 8 of the plat
of Lawton Heights filed September 4, 1907 and Recorded in volume 16
of Plats, page 34, Records of King County, Washington together with;

Byers Place W. between the northerly margin of  Government Way to the
southerly margin of 34th Avenue W. as shown in the plat of Lawton
Heights filed September 4, 1907 and Recorded in volume 16 of Plats,
page 34, Records of King County, Washington together with;

34th Avenue W. between the southerly margin of Fort Street and the
extended easterly boundary of Byers Place W. across said 34th Avenue
W. and as shown in the plat of Lawton Heights filed September 4, 1907
and Recorded in volume 16 of Plats, page 34, Records of King County,
Washington together with;

W. Fort Street between a line extending the southern boundary of Lot
1, Block 6 of the plat of Lawton Heights filed September 4, 1907 and
Recorded in volume 16 of Plats, page 34, Records of King County,
Washington to the northern margin of said W. Fort Street to a line
extending the westerly boundary of Lot 1, Block 11 of plat of Lawton
Park filed September 16, 1905 and Recorded at Book 12 of Maps, Page
56 together with;

The alleyway connecting the westerly boundary of 34th Avenue W. with
the southerly boundary of W. Fort Street, together with;

North View Place W. between the southerly margin of W. Fort Street
and the northerly margin of Brygger Drive W. as shown in the plat of
Lawton Heights filed September 4, 1907 and Recorded in volume 16 of
Plats, page 34, Records of King County, Washington together with;

Brygger Drive W. between a line extending the westerly boundary of
North View Place W. southerly to the southerly margin of Brygger
Drive W. and the westerly boundaries of Lots 5, 6, and 7 of Block 1
as shown in the plat of Lawton Heights filed September 4, 1907 and
Recorded in volume 16 of Plats, page 34, Records of King County,
Washington together with;

Albert Place W. between the southerly margin of W. Fort Street and
the northerly margin of Brygger Drive W. as shown in the plat of
Lawton Heights filed September 4, 1907 and Recorded in volume 16 of
Plats, page 34, Records of King County, Washington together with;

Gilman Avenue W. between the southern margin of Commodore Way and a
line between a point on the Westerly margin of 33 Avenue W. as shown
in the plat of Lawton Park filed  August 25, 1905and Recorded at
Volume 12, Page 56 of Records, King County and the southerly margin
of Gilman Avenue W. extending along the arc of the curve describing
the northwest margin of 33d Avenue W. as shown on the plat of Lawton
Park filed  September 16, 1905 and Recorded at Book 12 of Maps, Page
56 across Gilman Avenue W. to the southerly margin of the Great
Northern Railway Company Railway.

  Section 2.  Administrative jurisdiction over the Designated
Portions is hereby transferred, without charge, from SDOT to DPR.

       Section 3.  Corresponding Maps of Park Drives and Boulevards,
Appendix II to Title 15 of the Seattle Municipal Code and to
Ordinance 117569, is hereby amended by the addition of the map,
attached to this ordinance as Attachment A, depicting the Designated
Portions as Park Boulevard.  In the event of conflict between the map
in Attachment A and the description in Section 1 of this Ordinance,
the description in Section 1 shall control.

      Section 4.  Notwithstanding the designation as Park Boulevard
and transfer of administration, the rights of abuttors to install
transportation and utility uses shall continue in the Designated
Portions, except as set forth in Section 5 below.  Such uses include,
but are not limited to, access, utility corridors, and others.

      Section 5.  Unless otherwise provided in a Superintendent's
rule or pursuant to a future ordinance, the Designated Portions shall
be subject to all the rules, regulations and codes that apply to or
govern the use of Kiwanis Memorial Preserve Park.

      Section 6.  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 _________, 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

(Seal)

Attachment A:  Kiwanis Memorial Preserve Park Map

Terry Dunning / Larry Huggins

DPR Kiwanis Ravine ORD

April 12, 2006

version # 2

1
Fiscal Note

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