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HomeMy WebLinkAbout6271ORDINANCE NO. 6271 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, APPROVING THE FINAL PLAT OF KERSEY 3 DIVISION 1A WHEREAS, the City of Auburn received a final plat application for the Plat of KERSEY 3, Division 1A, Application No. PLT09-0006, the final approval of which is appropriate for City Council Action; and WHEREAS, based on the review given this Plat by the City, the City Council hereby makes and enters the following: FINDINGS OF FACT 1. Doug Bennett of Springer Development, LLC, has made application for the Final Plat of "Kersey 3 Division 1A". The preliminary plat was approved by the City Council under Resolution No. 4021 and signed by the Mayor on May 11, 2006. "Kersey 3 Division 1A" creates tracts and dedicated rights- of-way, no lots are created under this Plat. A subsequent final plat will be submitted to create lots. 2. "Division 1A" of the preliminary plat has been developed in accordance with the approved Planned Unit Development (PUD05-0001) and all applicable conditions of the preliminary plat (PLT05-0001). 3. The "Kersey 3 Division 1" PUD and Plat are tied to the PUD and Plat of "The Ridge At Bowman Creek" (aka Kersey 3 Division 2) as the conditions of approval for "Kersey 3 Division 1" require that street dedication, park dedication, creation of openspace tracts within "The Ridge At Bowman Creek" be accomplished concurrently. 4. A Certificate of Improvements has been issued by the City Engineer, accepting a security bond in lieu of completion of all required plat improvements. 5. Tract Q, a 2.7-acre (118,870 square foot) tract of land within the plat will be dedicated to the City of Auburn for a public park when the plat is recorded. Ordinance No. 6271 September 29, 2009 Page 1 of 4 CONCLUSIONS OF LAW 1. The Final Plat is in compliance and in conformity with applicable Zoning and Land Division Ordinances and other applicable land use controls. 2. The Plat is consistent with the Comprehensive Plan. 3. The Plat meets the requirements of Chapter 58.17 RCW. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Approval. Kersey 3 Division 1A, a subdivision involving property located within the City of Auburn, Washington, which plat is legally described on Sheet 2 of the Final Plat and set forth below: THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER AND THAT PORTION OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER LYING SOUTHERLY OF THE H.B. CARTER COUNTY ROAD, ALL IN SECTION 32, TOWNSHIP 21 NORTH, RANGE 5 EAST, W.M., IN KING COUNTY, WASHINGTON; EXCEPT THAT PORTION THEREOF CONVEYED TO KING COUNTY FOR STUCK RIVER ROAD BY DEED RECORDED UNDER RECORDING NO. 5407388; EXCEPT THAT PORTION THEREOF CONVEYED TO KING COUNTY FOR LAKE TAPPS ACCESS ROAD BY DEED RECORDED UNDER RECORDING NO. 5801756 AND EXCEPT THOSE PORTIONS CONVEYED TO THE CITY OF AUBURN FOR RIGHT OF WAY BY DEDICATION DEEDS RECORDED UNDER RECORDING NUMBERS 20071109001318 AND 20071109001319. is hereby approved, and deemed to conform to the requirements for Plat approval pursuant to State and local law and Chapter 58.17 of the Revised Code of Washington and Section 58.17.140 thereof. Ordinance No. 6271 September 29, 2009 Page 2 of 4 Section 2. Constitutionalitv or Invaliditv. If any section, subsection clause or phase of this Ordinance is for any reason held to be invalid or unconstitutional such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this Ordinance, as it is being hereby expressly declared that this Ordinance and each section, subsection, sentence, clause and phrase hereof would have been prepared, proposed adopted and approved and ratified irrespective of the fact that nay one or more section, subsection, sentence, clause or phrase be declared invalid or unconstitutional. Section 3. Recordation. Upon the passage, approval and publication of this Ordinance as provided by law, the City Clerk of the City of Auburn shall cause this Ordinance to be recorded in the office of the King County Records, Elections and Licensing Services Division. Section 4. Implementation. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directions of this legislation. Section 5. Effective Date. This ordinance shall take effect and be in force five (5) days from and after its passage, approval and publication, as provided by law. INTRODUCED: OCT -5 2009 PASSED: OCT - 5 2009 APPROVED: OCT - 5 2009 CITY F AUB ~ PETER B. LEWIS MAYOR Ordinance No. 6271 September 29, 2009 Page 3 of 4 ATTEST: Danielle E. Daskam, City Clerk APPROVED AS TO FORM: -2 aniel B. Heid, ~ D City Attorney Published: Ordinance No. 6271 September 29, 2009 Page 4 of 4