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Record No: CB 119006    Version: 1 Council Bill No: CB 119006
Type: Ordinance (Ord) Status: Passed
Current Controlling Legislative Body City Clerk
Final Action: 7/21/2017
Ordinance No: Ord 125350
Title: AN ORDINANCE granting Bender Development LP and Bender Equities Inc. permission to construct, maintain, and operate a plaza over and across East Howe Street, south of Yale Place East and west of Eastlake Avenue East for a ten-year term, renewable for two successive ten-year terms; specifying the conditions under which this permit is granted; and providing for the acceptance of the permit and conditions.
Sponsors: Mike O'Brien
Supporting documents: 1. Summary and Fiscal Note, 2. Summary Att A - E Howe Plaza Area Map, 3. Summary Att B - E Howe Plaza Image, 4. Summary Att C - Annual Fee Assessment Summary, 5. Presentation (7/7/17), 6. Signed Ordinance 125350, 7. Affidavit of Publication
CITY OF SEATTLE
ORDINANCE __________________
COUNCIL BILL __________________
title
AN ORDINANCE granting Bender Development LP and Bender Equities Inc. permission to construct, maintain, and operate a plaza over and across East Howe Street, south of Yale Place East and west of Eastlake Avenue East for a ten-year term, renewable for two successive ten-year terms; specifying the conditions under which this permit is granted; and providing for the acceptance of the permit and conditions.
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WHEREAS, Inhabit Eastlake, LLC filed a petition with the Seattle City Council to vacate a subterranean portion of East Howe Street (Clerk File No. 313430) to allow the Petitioner to share a below-grade connection for a parking garage and shared utility infrastructure for the development project located at 1903 Yale Place East and 1823 Eastlake Avenue East, and the Seattle City Council approved the vacation petition on December 15, 2014; and
WHEREAS, as a condition of the vacation petition, Inhabit Eastlake, LLC is required to construct and maintain a plaza over and across East Howe Street, south of Yale Place East and Eastlake Avenue East, including lighting, an art sculpture, hand rails, seating cubes, seat walls, a prow structure, retaining wall, landscaping, non-standard paving, and seat lighting; and
WHEREAS, Inhabit Eastlake, LLC transferred ownership of the development project located at 1903 Yale Place East and Eastlake Avenue to Bender Development LP and Bender Equities Inc. on November 18, 2016, and Bender Development LP and Bender Equities Inc. assumed responsibility for the vacation petition and plaza; and
WHEREAS, the adoption of this ordinance is the culmination of the approval process for the plaza to legally occupy a portion of the public right-of-way; NOW, THEREFORE,
BE IT ORDAINED BY THE CITY OF SEATTLE AS FOLLOWS:
Section 1. Permission. Subject to the terms and conditions of this ordinance, the City of Seattle ("City") grants permission (also referre...

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