Record No: CB 118876    Version: 1 Council Bill No: CB 118876
Type: Ordinance (Ord) Status: Passed
Current Controlling Legislative Body City Clerk
On agenda: 12/16/2016
Ordinance No: Ord 125229
Title: AN ORDINANCE approving and confirming the plat of "Fremont on the Ave" in portions of the Northeast 1/4 of Southwest 1/4 of Section 18, Township 25 North, Range 4 East, W.M. in King County, Washington.
Sponsors: Rob Johnson
Supporting documents: 1. Summary and Fiscal Note, 2. Summary Att A –Fremont on the Ave Plat Area Map, 3. Signed Ord 125229, 4. Affidavit of Publication
Related files: CF 314239

CITY OF SEATTLE

ORDINANCE __________________

COUNCIL BILL __________________

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AN ORDINANCE approving and confirming the plat of “Fremont on the Ave” in portions of the Northeast 1/4 of Southwest 1/4 of Section 18, Township 25 North, Range 4 East, W.M. in King County, Washington.

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WHEREAS, a proposed plat of “Fremont on the Ave” has been submitted for approval to the Seattle Department of Construction and Inspections (SDCI) and given the Permit No. 3018511; 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 “Fremont on the Ave” subject to certain conditions on January 28, 2016; and

WHEREAS, the Director of Transportation and the Director of SDCI have, subject to Council approval, approved the final plat and have reported that the final plat now meets all of the requirements of the State platting law (chapter 58.17 RCW) and of the Seattle Municipal Code (Chapter 23.22), except for the execution of the required certifications by the King County Assessor and the King County Finance Division; and

WHEREAS, the Director of Transportation and the Director of SDCI report that the plat of “Fremont on the Ave,” a copy of which is in C.F. No. 314239, 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 “Fremont on the Ave,” a platting of portions of the Northeast 1/4 of Southwest 1/4 of Section 18, Township 25 North, Range 4 East, W.M. in King County, Washington, is legally described as follows:

                     THAT PORTION OF LOTS 11, 12, AND 13, BLOCK 13, DENNY &
HOYTS ADDITION TO THE CITY OF SEATTLE, ACCORDING TO THE
PLAT THEREOF, RECORDED IN VOLUME 2 OF PLATS, PAGE 136,
RECORDS OF KING COUNTY, WASHINGTON, MORE PARTICULARLY
DESCRIBED AS FOLLOWS:

BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 13;
THENCE S 88°44'22" E ALONG THE SOUTH MARGIN OF SAID LOT 13, 112.00 FEET TO THE EAST MARGIN OF SAID LOTS 11, 12, AND 13 THEREOF;
THENCE N 01°33'49" E ALONG SAID MARGIN, 53.60 FEET TO THE TRUE POINT OF BEGINNING;
THENCE N 88°44'22" W, 30.01 FEET;
THENCE N 01°15'38" E, 0.50 FEET;
THENCE N 88°44'22" W, 7.66 FEET;
THENCE N 01°15'38" E, 1.39 FEET;
THENCE N 88°44'22" W, 27.67 FEET;
THENCE N 01°15'38" E, 34.51 FEET TO THE NORTH MARGIN OF SAID LOT 11 THEREOF;
THENCE S 88°43'58" E ALONG SAID MARGIN, 65.54 FEET TO THE EAST MARGIN OF SAID LOTS 11, 12, AND 13 THEREOF;
THENCE S 01°33'49" W ALONG SAID MARGIN, 36.40 FEET TO THE TRUE POINT OF BEGINNING;

                     CONTAINING IN ALL 2,325.9 SQUARE FEET.

                     SUBJECT TO AND TOGETHER WITH AN EASEMENT FOR COMMON
AMENITIES AS SHOWN AND DESCRIBED AS “COMMON AMENITY
EASEMENT” ON CITY OF SEATTLE SHORT SUBDIVISION NUMBER
3017428;

                     ALSO SUBJECT TO AND TOGETHER WITH AN EASEMENT FOR
INGRESS, EGRESS, PARKING AND TRASH STORAGE AS SHOWN AND
DESCRIBED AS “INGRESS, EGRESS, PARKING AND TRASH
EASEMENT” ON CITY OF SEATTLE SHORT SUBDIVISION NUMBER
3017428;

                     ALSO TOGETHER WITH AN EASEMENT FOR PEDESTRIAN ACCESS AS
SHOWN AND DESCRIBED AS “PEDESTRIAN ACCESS EASEMENT #1”
ON CITY OF SEATTLE SHORT SUBDIVISION NUMBER 3017428;

                     ALSO SUBJECT TO AND TOGETHER WITH AN EASEMENT FOR
PEDESTRIAN ACCESS AS SHOWN AND DESCRIBED AS “PEDESTRIAN
ACCESS EASEMENT #2” ON CITY OF SEATTLE SHORT SUBDIVISION
NUMBER 3017428;

                     ALSO SUBJECT TO A MEMORANDUM OF DRAINAGE CONTROL,
RECORDED UNDER KING COUNTY AUDITOR FILE NUMBER
20140416000714, RECORDS OF KING COUNTY, WASHINGTON;

                     ALSO SUBJECT TO AND TOGETHER WITH COVENANTS, CONDITIONS,
RESTRICTIONS AND EASEMENTS RECORDED UNDER KING COUNTY
AUDITOR FILE NUMBER 20150130000553, RECORDS OF KING
COUNTY, WASHINGTON;

                     ALSO SUBJECT TO AND TOGETHER WITH A UTILITY EASEMENT FOR
THE BENEFIT OF UNIT LOTS INCLUSIVE TO SAID SHORT SUBDIVISION
OVER, UNDER AND ACROSS THE WHOLE PARENT PARCEL THEREOF.
SAID EASEMENT SHALL INCLUDE, BUT NOT BE LIMITED TO
UNDERGROUND WATERLINES, POWER, GAS, TELEPHONE, TELECABLE,
SANITARY SEWER AND STORM SEWER, AND FOR BUILDING REPAIR,
MAINTENANCE AND EMERGENCY ACCESS.

                     (ALSO KNOWN AS UNIT LOT I, CITY OF SEATTLE SHORT
SUBDIVISION NUMBER 3017428, RECORDED UNDER KING COUNTY
AUDITOR FILE NUMBER 20141114900005, RECORDS OF KING
COUNTY, WASHINGTON).

                     SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON.

                     Section 2. With respect to the plat of “Fremont on the Ave,” together with any interest in abutting streets, as executed by Robert Hardy as Managing Member and approved by the Director of Transportation and the Director of the Seattle Department of Construction and Inspections, the following findings are hereby made:

                     (a)                     The final plat is in substantial conformance with the approved preliminary plat; and

                     (b)                     When both the King County Assessor and King County Finance Division 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 plat, and the plat makes appropriate provision for the public health, safety, and general welfare.

Section 3. The plat of “Fremont on the Ave,” a subdivision of portions of the Northeast 1/4 of Southwest 1/4 of Section 18, Township 25 North, Range 4 East, W.M. in King County, Washington, is in all respects approved and the plat confirmed and accepted, subject to certification by the King County Assessor and King County Finance Division, 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 4. 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 _________________________, 2016, and signed by me in open session in authentication of its passage this _____ day of _________________________, 2016.

____________________________________

President ____________ of the City Council

Approved by me this ________ day of _________________________, 2016.

____________________________________

Edward B. Murray, Mayor

Filed by me this ________ day of _________________________, 2016.

____________________________________

Monica Martinez Simmons, City Clerk

(Seal)