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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
Attachments: 1. Ex 1 - Property Use and Development Agreement
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
CITY OF SEATTLE
ORDINANCE __________________
COUNCIL BILL __________________
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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).
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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...

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