SEATTLE CITY COUNCIL - Record No: CB 119326

• Record No: CB 119326
• Version: 1
• Council Bill No: CB 119326
• Type: Ordinance (Ord)
• Status: Passed
• Current Controlling Legislative Body: City Clerk
• On agenda: 8/13/2018
• Ordinance No: Ord 125656
• Title: AN ORDINANCE vacating a subterranean portion of East Howe Street between Eastlake Avenue East and Fairview Avenue East, on the petition of Bender Development, LP, and Bender Equities, Inc. (Clerk File 313430).
• Sponsors: Mike O'Brien
• Supporting documents: 1. Summary and Fiscal Note, 2. Summary Att A - E. Howe Street Subterranean Vacation Area Map, 3. Presentation, 4. Signed Ordinance 125656, 5. Affidavit of Publication

Date	Ver.	Action By	Action	Result
8/24/2018	1	City Clerk	attested by City Clerk
8/24/2018	1	Mayor	returned
8/17/2018	1	Mayor	Signed
8/15/2018	1	City Clerk	submitted for Mayor's signature
8/13/2018	1	City Council	passed	Pass
8/7/2018	1	Sustainability and Transportation Committee	pass	Pass
8/6/2018	1	City Council	referred
7/3/2018	1	Council President's Office	sent for review
6/26/2018	1	City Clerk	sent for review
6/26/2018	1	Mayor	Mayor's leg transmitted to Council

CITY OF SEATTLE
ORDINANCE __________________
COUNCIL BILL __________________
title
AN ORDINANCE vacating a subterranean portion of East Howe Street between Eastlake Avenue East and Fairview Avenue East, on the petition of Bender Development, LP, and Bender Equities, Inc. (Clerk File 313430).
body
WHEREAS, Inhabit Eastlake LLC ("Petitioner") filed a petition under Clerk File 313430 to vacate a subterranean portion of East Howe Street between Eastlake Avenue East and Fairview Avenue East; and
WHEREAS, Bender Development, LP, and Bender Equities, Inc. are the successors in interest and the current Petitioners; and
WHEREAS, following a December 9, 2014, public hearing on the petition, the City Council conditionally granted the petition; and
WHEREAS, a Property Use and Development Agreement recorded with the King County Recorder's Office under Recording No. 20180201000039 commits the Petitioners and their successors to fulfill ongoing public-benefit obligations required by the vacation; and
WHEREAS, as provided for in RCW 35.79.030 and Seattle Municipal Code Chapter 15.62, on December 15, 2016 the Petitioner paid the City a vacation fee of $91,000, which is the full appraised value of the property; and
WHEREAS, Bender Development, LP and Bender Equities, Inc., have obtained a term permit for the at-grade public benefit installation located over and across East Howe Street, south of Yale Place East and west of Eastlake Avenue East; and
WHEREAS, Bender Development, LP, and Bender Equities, Inc., have met all conditions imposed by the City Council in connection with the vacation petition; and
WHEREAS, vacating the subterranean portion of East Howe Street between Eastlake Avenue East and Fairview Avenue East is in the best interest of the public; NOW, THEREFORE,
BE IT ORDAINED BY THE CITY OF SEATTLE AS FOLLOWS:
Section 1. A subterranean portion of East Howe Street between Eastlake Avenue East and Fairview Avenue East in the Eastlake neighborhood of Seattle describ...