CITY OF SEATTLE

ORDINANCE __________________

COUNCIL BILL __________________

AN ORDINANCE approving and confirming the plat of "Residences at Fairview Addition" in portions of Section 17 and Section 20, Township 25 North, Range 4 East, W.M. in King County, Washington, with a modified plat condition; accepting a surety bond under subsection 23.22.070.C of the Seattle Municipal Code; and setting a date for completion of required facilities and improvements.

WHEREAS, a proposed plat of "Residences at Fairview Addition" has been submitted for approval (DPD Subdivision Application No. 3011009); and

WHEREAS, a proposed plat of "Residences at Fairview Addition" includes a dedication to the City of Seattle of easements for electrical and public storm drain purposes; and

WHEREAS, following review and recommendations by the various City departments that have jurisdiction in this matter and a public hearing by the Hearing Examiner of the City of Seattle, the Hearing Examiner approved the preliminary plat of "Residences at Fairview Addition" subject to certain conditions on March 6, 2013; and

WHEREAS, the Director of Planning and Development and the Director of Transportation in consultation with the Director of Public Utilities determined that one of conditions imposed by the Hearing Examiner contained an error; and

WHEREAS, with consent of the subdividers of the plat of "Residences at Fairview Addition" as required by subsection 23.22.072.A of the Seattle Municipal Code (SMC), the Director of Planning and Development and the Director of Transportation recommend modification of Hearing Examiner Condition #4, by replacing:

"A 12-foot wide public storm drain easement exclusive to Seattle Public Utilities is required. Legislation for securing the drainage easement will occur with the final plat approval."

with

"A 12-foot wide public storm drain easement to Seattle Public Utilities is required. Legislation for securing the drainage easement will occur with the final plat approval.";

and

WHEREAS, the subdivider has not completed installation and construction of required facilities and improvements for the subdivision; and

WHEREAS, under RCW 58.17.130, the City may accept a bond or other secure method for providing for and securing the actual construction and installation of the required improvements; and

WHEREAS, the Director of Transportation has determined that a bond in the amount of $250,000 is sufficient and the City Attorney's Office has approved the form; and

WHEREAS, the Director of Transportation and the Director of Planning and Development have, subject to Council approval of the modified plat condition, approved the final plat for the unit lot subdivision and have reported that the final plat now meets all of the requirements of the State platting law (RCW Ch. 58.17) and of the Seattle Municipal Code (SMC Ch. 23.22), and as modified from the approved plans of the preliminary plat, except for the execution of the required certifications by the King County Assessor and the King County Comptroller; and

WHEREAS, the Director of Transportation and the Director of Planning and Development report that the plat of "Residences at Fairview Addition", a copy of which is in C.F. No. 310821, is now complete and ready for City Council approval; NOW, THEREFORE,

BE IT ORDAINED BY THE CITY OF SEATTLE AS FOLLOWS:

Section 1. The plat of "Residences at Fairview Addition" a platting of portions of the Southeast Quarter of the Southwest Quarter of Section 17, Township 25 North, Range 4 East, W.M. and the Northeast Quarter of the Northwest Quarter of Section 20, Township 25 North, Range 4 East, W.M., all in King County, Washington, is legally described as follows:

PARCEL A:

THAT PORTION OF BLOCK 20, DENNY-FUHRMAN ADDITION TO THE CITY OF SEATTLE, ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME 7 OF PLATS, PAGE 34, IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS:

BEGINNING AT THE INTERSECTION OF THE EASTERLY MARGIN OF FAIRVIEW AVENUE EAST WITH THE SOUTHERLY MARGIN OF EAST SHELBY STREET; THENCE SOUTHERLY ALONG SAID EASTERLY MARGIN, 267 FEET TO THE TRUE POINT OF BEGINNING; THENCE EASTERLY, PARALLEL WITH THE SOUTHERLY MARGIN OF EAST SHELBY STREET, 75 FEET TO THE WESTERLY MARGIN OF THE ALLEY IN SAID BLOCK 20; THENCE SOUTH 27 DEGREES 33'37.4" WEST, ALONG THE WESTERLY MARGIN OF SAID ALLEY, 233 FEET; THENCE WESTERLY PARALLEL WITH THE SOUTHERLY MARGIN OF EAST SHELBY STREET 75 FEET, MORE OR LESS, TO THE EASTERLY MARGIN OF FAIRVIEW AVENUE EAST; THENCE NORTHERLY ALONG SAID EASTERLY MARGIN, 233 FEET TO THE TRUE POINT OF BEGINNING;

(ALSO KNOWN AS TRACTS 6, 7, 8, 9 AND 10, BLOCK 20, REPLAT OF DENNY-FUHRMAN ADDITION TO THE CITY OF SEATTLE, ACCORDING TO THE UNRECORDED PLAT THEREOF).

PARCEL B:

TRACT 11 OF THE UNRECORDED PLAT OF BLOCK 20 DENNY-FUHRMAN ADDITION TO THE CITY OF SEATTLE, MORE PARTICULARLY DESCRIBED AS FOLLOWS:

BEGINNING ON THE EASTERLY MARGIN OF FAIRVIEW AVENUE AT A POINT 500 FEET SOUTHERLY OF THE INTERSECTION OF SAID AVENUE AND THE SOUTHERLY MARGIN OF SHELBY STREET; THENCE EASTERLY, ON A LINE PARALLEL TO SAID SHELBY STREET A DISTANCE OF 75 FEET, MORE OR LESS, TO THE ALLEY IN SAID BLOCK 20; THENCE SOUTHERLY ALONG SAID ALLEY A DISTANCE OF 42.5 FEET; THENCE WESTERLY ON A LINE PARALLEL TO SAID SHELBY STREET A DISTANCE OF 75 FEET, MORE OR LESS, TO FAIRVIEW AVENUE; THENCE NORTHERLY ALONG SAID FAIRVIEW AVENUE A DISTANCE OF 42.5 FEET TO THE POINT OF BEGINNING;

PARCEL C:

THAT PORTION OF BLOCK 20, DENNY-FUHRMAN ADDITION TO THE CITY OF SEATTLE, ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME 7 OF PLATS, PAGE 34, IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS:

BEGINNING AT THE INTERSECTION OF THE EASTERLY MARGIN OF FAIRVIEW AVENUE EAST WITH THE SOUTHERLY MARGIN OF EAST SHELBY STREET; THENCE SOUTHERLY ALONG SAID EASTERLY MARGIN, 542.5 FEET TO THE TRUE POINT OF BEGINNING; THENCE EASTERLY PARALLEL WITH THE SOUTHERLY MARGIN OF EAST SHELBY STREET SOUTH 62 DEGREES 26'31" EAST TO THE WESTERLY MARGIN OF THE ALLEY IN SAID BLOCK 20; THENCE SOUTHERLY ALONG THE WESTERLY MARGIN OF SAID ALLEY, 42.5 FEET; THENCE WESTERLY PARALLEL WITH THE SOUTHERLY MARGIN OF EAST SHELBY STREET NORTH 62 DEGREES 26'31" WEST TO THE EASTERLY MARGIN OF FAIRVIEW AVENUE EAST; THENCE NORTHERLY ALONG SAID EASTERLY MARGIN 42.5 FEET TO THE TRUE POINT OF BEGINNING;

(ALSO KNOWN AS TRACT 12, BLOCK 20, REPLAT OF DENNY-FUHRMAN ADDITION TO THE CITY OF SEATTLE, ACCORDING TO THE UNRECORDED PLAT THEREOF).

PARCEL D:

BEGINNING ON THE EASTERLY MARGIN OF FAIRVIEW AVENUE AT A POINT 585 SOUTHWESTERLY OF THE INTERSECTION OF THE EASTERLY MARGIN WITH THE SOUTHERLY MARGIN OF SHELBY STREET; THENCE EASTERLY, PARALLEL WITH SAID SOUTHERLY MARGIN OF SHELBY STREET 75 FEET TO THE ALLEY IN BLOCK 20, DENNY-FUHRMAN ADDITION TO THE CITY OF SEATTLE, ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME 7 OF PLATS, PAGE 34, IN KING COUNTY, WASHINGTON; THENCE SOUTHERLY ALONG SAID ALLEY 41 FEET; THENCE SOUTH 81 DEGREES 03'31" WEST 79.18 FEET, MORE OR LESS, TO SAID EASTERLY MARGIN OF FAIRVIEW AVENUE; THENCE NORTHEASTERLY ALONG SAID EASTERLY MARGIN 66.5 FEET, MORE OR LESS, TO THE POINT OF BEGINNING;

(ALSO KNOWN AS TRACT 13, BLOCK 20, REPLAT OF DENNY-FUHRMAN ADDITION TO THE CITY OF SEATTLE, ACCORDING TO THE UNRECORDED PLAT THEREOF).

PARCEL E:

THAT PORTION OF BLOCK 20, DENNY-FUHRMAN ADDITION TO THE CITY OF SEATTLE, ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME 7 OF PLATS, PAGE 34, IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS:

BEGINNING AT THE INTERSECTION OF THE EASTERLY MARGIN OF FAIRVIEW AVENUE EAST WITH THE SOUTHERLY MARGIN OF EAST SHELBY STREET; THENCE SOUTHERLY ALONG SAID EASTERLY MARGIN, 651.5 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 81 DEGREES 03'31" EAST 79.13 FEET, MORE OR LESS, TO THE WESTERLY MARGIN OF THE ALLEY IN SAID BLOCK 20; THENCE SOUTHERLY ALONG THE WESTERLY MARGIN OF SAID ALLEY, 39.5 FEET, MORE OR LESS TO A POINT BEING NORTH 27 DEGREES 33'34.04" EAST 64.95 FEET FROM THE INTERSECTION OF THE NORTHERLY MARGIN OF EAST HAMLIN STREET WITH THE WESTERLY MARGIN OF THE ALLEY; THENCE NORTH 88 DEGREES 58'27.6" WEST 83.79 FEET, MORE OR LESS, TO THE EASTERLY MARGIN OF FAIRVIEW AVENUE EAST; THENCE NORTHERLY ALONG SAID EASTERLY MARGIN 51.5 FEET, MORE OR LESS, TO THE TRUE POINT OF BEGINNING;

(ALSO KNOWN AS TRACT 14, BLOCK 20, REPLAT OF DENNY-FUHRMAN ADDITION TO THE CITY OF SEATTLE, ACCORDING TO THE UNRECORDED PLAT THEREOF.)

PARCEL F:

THAT PORTION OF TRACT 15 OF THE UNRECORDED RE-PLAT OF BLOCK 20, DENNY-FUHRMAN ADDITION TO THE CITY OF SEATTLE, ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME 7 OF PLATS, PAGE 34, IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS:

BEGINNING AT THE INTERSECTION OF THE EAST MARGIN OF FAIRVIEW AVENUE EAST AND THE NORTHERLY MARGIN OF EAST HAMLIN STREET, WHICH POINT SHALL BE THE TRUE POINT OF BEGINNING; THENCE NORTHERLY ALONG THE EAST MARGIN OF SAID FAIRVIEW AVENUE EAST 66.49 FEET; THENCE EASTERLY ON A LINE PARALLEL WITH SAID EAST HAMLIN STREET 38 FEET; THENCE SOUTH 01 DEGREES 01'37.4" EAST 58.35 FEET TO THE NORTHERLY MARGIN OF EAST HAMLIN STREET; THENCE WESTERLY ALONG SAID NORTHERLY MARGIN OF EAST HAMLIN STREET TO THE TRUE POINT OF BEGINNING.

PARCEL G:

FRACTIONAL PART OF TRACT 15 OF THE UNRECORDED RE-PLAT OF BLOCK 20, DENNY-FUHRMAN ADDITION TO THE CITY OF SEATTLE, ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME 7 OF PLATS, PAGE 34, IN KING COUNTY, WASHINGTON, MORE PARTICULARLY DESCRIBED AS FOLLOWS:

COMMENCING AT THE INTERSECTION OF THE NORTHERLY MARGIN OF HAMLIN STREET AND THE WESTERLY MARGIN OF THE ALLEY IN SAID BLOCK 20; THENCE NORTH 89 DEGREES 57'20.06" WEST 16.11 FEET; THENCE NORTH 01 DEGREES 01'37.04" WEST 58.35 FEET; THENCE SOUTH 88 DEGREES 58'26.07" EAST 45.97 FEET; THENCE SOUTH 27 DEGREES 33'17.04" WEST 64.95 FEET TO THE POINT OF BEGINNING.

Section 2. A modification to a preliminary plat condition, Hearing Examiner Condition #4, recommended by the Director of Planning and Development and the Director of Transportation and consented to by the subdividers of the plat of "Residences at Fairview Addition", as required by subsection 23.22.072.A of the Seattle Municipal Code (SMC), is hereby approved as follows:

Replace:

"A 12-foot wide public storm drain easement exclusive to Seattle Public Utilities is required. Legislation for securing the drainage easement will occur with the final plat approval."

with

"A 12-foot wide public storm drain easement to Seattle Public Utilities is required. Legislation for securing the drainage easement will occur with the final plat approval."

Section 3. With respect to the plat of "Residences at Fairview Addition", together with any interest in abutting streets, and all dedications contained therein, as executed by Trinity at Wards Cove Investors LLC, a Washington Limited Liability Company, Trinity at Wards Cove Investors II, LLC, a Washington Limited Liability Company, and Trinity Yukon I, LLC, a Washington Limited Liability Company, and approved by the Director of Transportation and the Director of Planning and Development, the following findings are hereby made:

(a) The final plat of the unit lot subdivision is in substantial conformance with the approved preliminary plat of the unit lot subdivision, as modified in Section 2 above; and

(b) When both the King County Assessor and King County Comptroller have affixed their certifications as required by RCW 58.17.160(4), the requirements of State law and City ordinances that were in effect at the time of preliminary plat approval will also have been satisfied by the subdivider; and

(c) The public use and interest will be served by the establishment of the unit lot subdivision, and the plat makes appropriate provision for the public health, safety, and general welfare; and

(d) A bond in the amount of $250,000 is sufficient to assure completion of required facilities and improvements for the unit lot subdivision; and

(e) The required facilities and improvements must be completed within two years of the effective date of this ordinance.

Section 4. A bond in the amount of $250,000 issued by Indemnity Company of California in a form approved by the City Attorney's Office and naming the City of Seattle as the beneficiary to guarantee completion of the required facilities and improvements for the unit lot subdivision is hereby accepted.

Section 5. The plat of "Residences at Fairview Addition", a subdivision of portion of the Southeast Quarter of the Southwest Quarter of Section 17, Township 25 North, Range 4 East and the Northeast Quarter of the Northwest Quarter of Section 20, Township 25 North, Range 4 East, W.M., King County, Washington, including dedications therein, is in all respects approved and the plat confirmed and accepted, subject to certification by the King County Assessor and King County Comptroller, and the City Clerk is hereby authorized and directed to execute a certificate upon the face of such plat attesting to the approval thereof as evidenced by enactment of this ordinance.

Section 6. 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 ________________________, 2014, and signed by me in open session in authentication of its passage this

_____ day of ___________________, 2014.

_________________________________

President __________of the City Council

Approved by me this ____ day of _____________________, 2014.

_________________________________

Edward B. Murray, Mayor

Filed by me this ____ day of __________________________, 2014.

____________________________________

Monica Martinez Simmons, City Clerk

(Seal)

Susan Paine SDOT Residences Fairview ORD May 7, 2014 Version #3