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HomeMy WebLinkAbout6135ORDINANCE N0.6135 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, APPROVING THE FINAL PLAT OF TRAIL RUN, DIVISION NO. 1 WHEREAS, the City of Auburn received a final plat application for the Plat of Trail Run, Division No. 1, Application No. PLT07-0004, the final approval of which is appropriate for City Council Action; WHEREAS, based on the review given this Plat by the City, the. City Council hereby makes and enters the following: FINDINGS OF FACT 1. Centex Homes, represented by Tom Brown, Land Development Manager, has requested final plat approval of Trail Run, Division No. 1 and all applicable conditions have been met. 2. The preliminary plat was approved by the City Council on December 5, 2005 by Resolution No. 3952. The plat has been developed in accordance with the PUD, Planned Unit Development zoning district. 3. A Certificate of Improvements has been issued by the City Engineer, accepting all required plat improvements. 4. The Applicant is dedicating a 1.70-acre (74,241 sq ft) tract of land to the City of Auburn for park development associated with. the first phase of the plat (Tract O). The applicant is also dedicating 0.92 acres (40,155 sq ft) within six tracts as a lineal park/open space within the first phase (Tracts A, B, C, D, E, & G). The Applicant is dedicating a 2.07-acre (90,427 sq ft) tract for storm drainage. 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. ---------------- Ordinance No. 6135 November 13, 2007 Page 1 of 4 3. The Plat meets the requirements of Chapter 58.17 RCW. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: Section 1. Approval. Trail Run Division No. 1, a subdivision involving property located within the City of Auburn, Washington, which plat is legally described on the face of the Final Plat and set forth in Exhibit "A," attached hereto and incorporated herein by reference, 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. The approval is subject to the following conditions: 1. Prior to any permanent occupancy, the traffic signal system at L Street NE and South 277th Street is required to be completed and accepted by the City. 2. The Applicant has proposed that Lots 1 through 67 (preliminary plat lot numbering) shall be accessed only through an alley. The Final Plat shall include a requirement that Lots 1 through 67 shall be developed as alley- loaded lots unless the Applicant documents and demonstrates to the satisfaction of the Planning Director that market demand for this housing style does not exist. In the event that a lack of market demand is sufficiently demonstrated, a reduced number of alley-loaded lots will be required for Lots 35 though 67 only. Also, the Applicant must secure the other city approvals to the project necessitated by the change from alley loaded lots. 3. Prior to permanent occupancy of either Lot 68 or Lot 69, the sanitary sewer service line for Lot 69 shall be reconnected directly to the public sewer main as directed and approved by the City Engineer and the ten foot (10') private sewer easement for the benefit of Lot 69 along the east and north property line of Lot 68 will be relinquished where appropriate. Section 2. Constitutionality or Invalidity. 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 ---------------- Ordinance No. 6135 November 13, 2007 Page 2 of 4 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: N~V 1 9 20fl7 " PASSED: NOV 1 9 2U0~ APPROVED: CI OF BURN '~ ___ PETER B. LEWIS MAYOR ---------------- Ordinance No. 6135 November 13, 2007 Page 3 of 4 ATTEST: ani E. Daskam, City Clerk City Attorney Published: ~~ ~1. / o~^'i ---------------- Ordinance No. 6135 November 13, 2007 Page 4 of 4 EXHIBIT A, ORDINANCE NO. 6135 LEGAL DESCRIPTION THAT PORTION OF THE GEORGE E. KING DONATION LAND CLAIM NUMBER 40 IN SECTION 31, TOWNSHIP 22 NORTH, RANGE 5 EAST W.M., DESCRIBED AS FOLLOWS: COMMENCING AT A 6" X 6" SANDSTONE MONUMENT MARKING THE SOUTHWEST CORNER OF THE R.H. BEATTY DONATION LAND CLAIMS NUMBERS 37 AND 44; THENCE SOUTH 89°00'01" EAST, ALONG THE SOUTH LINE OF SAID R.H. BEATTY DONATION LAND CLAIM AND THE NORTH LINE OF THE W.A. COX DONATION LAND CLAIM NUMBER 38, A DISTANCE OF 2,643.18 FEET TO A 2" DIAMETER CONCRETE-FILLED IRON PIPE MARKING THE SOUTHEAST CORNER OF SAID R.H. BEATTY DONATION LAND CLAIM AND THE NORTHEAST CORNER OF SAID W.A. COX DONATION LAND CLAIM; THENCE CONTINUING SOUTH 89°00'01" EAST 638.43 FEET TO THE TRUE POINT OF BEGINNING; THENCE, CONTINUING SOUTH 89°00'01" EAST, 1,617.39 FEET TO A POINT ON A LINE ESTABLISHED BY BOUNDARY LINE AGREEMENT RECORDED UNDER KING COUNTY RECORDING NO. 8110150749; THENCE ALONG SAID LINE SOUTH 46°26'33" EAST 103.45 FEET; THENCE ALONG SAID LINE SOUTH 34°19'49" EAST 211.01 FEET; THENCE ALONG SAID LINE SOUTH 09°48'39" WEST 412.45 FEET; THENCE ALONG SAID LINE SOUTH 01°43'38" EAST 263.60 FEET; THENCE ALONG SAID LINE SOUTH 08°38'47" WEST 208.18 FEET; THENCE NORTH 88°49'05" WEST 503.22 FEET; THENCE NORTH 19°30'00" EAST 110.98 FEET; THENCE NORTH 88°49'05" WEST 1,283.52 FEET; THENCE NORTH 01°48'33" EAST ALONG A LINE PARALLEL WITH THE EAST LINE OF SAID COX DONATION LAND CLAIM 1,008.50 FEET TO THE TRUE POINT OF BEGINNING; EXCEPT THAT PORTION THEREOF CONVEYED TO THE CITY OF KENT FOR SOUTH 277TH STREET, DESCRIBED AS FOLLOWS: BEGINNING AT SAID TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 89°00'01" EAST, A DISTANCE OF 1,617.39 FEET TO A POINT ON A LINE ESTABLISHED BY BOUNDARY LINE AGREEMENT RECORDED UNDER KING COUNTY RECORDING NO. 8110150749; THENCE ALONG SAID LINE SOUTH 46°26'33" EAST A DISTANCE OF 103.45 FEET; THENCE ALONG SAID LINE SOUTH 34°19'49" EAST A DISTANCE OF 60.80 FEET; THENCE NORTH 79°05'59" WEST A DISTANCE OF 581.27 FEET; THENCE NORTH 88°59'57" WEST A DISTANCE OF 1,156.72 FEET TO A POINT 20.00 FEET EAST OF THE EAST RIGHT-OF-WAY MARGIN OF I STREET NORTHEAST; THENCE NORTH 01°48'33" EAST A DISTANCE OF 20.00 FEET TO THE POINT OF BEGINNING OF THIS EXCEPTION; SITUATE IN THE CITY OF AUBURN, COUNTY OF KING, STATE OF WASHINGTON