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Res 08-536 ( RESOLUTION NO. 08-536 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, APPROVING THE NORTHLAKE RIM FINAL PLAT, FEDERAL WAY, WASHINGTON, KING COUNTY FILE NO. L02P0015 WHEREAS, a 37 -lot preliminary plat application was submitted to King County on August 13, 2002, and is vested to all platting laws and regulations administered under King County's jurisdiction; and WHEREAS, on October 12, 2004, the King County Hearing Examiner opened a public hearing on the preliminary plat application and closed the hearing on October 25, 2004; and WHEREAS, the King County Hearing Examiner issued a report and decision on October 26, 2004, approving with conditions the 37-10t preliminary plat; and WHEREAS, the City of Federal Way annexed this geographic area into the city's jurisdiction in January 2005; and WHEREAS, the engineering plans were submitted to King County on March 22,2005, and King County issued approval of the plans with the City of Federal Way's concurrence on June 28,2007, for construction of required infrastructure and improvements; and WHEREAS, the recreation and landscaping plan was submitted to King County on April 14, 2006, and approved by King County on June 20, 2006; and WHEREAS, in February 2005 the City of Federal Way and King County entered into Interlocal Agreement No. AG05-29 relating to processing of vested building and land use applications; and WHEREAS, the final plat map and application for Northlake Rim was submitted to King County pursuant to the interlocal agreement on February 8, 2008; and WHEREAS, performance bonds in the amount of $ 341,000.00 for road and drainage improvements, $57,380.00 for landscaping and recreation improvements, and $18,250.00 for street trees have been Resolution No. 08-536 Page 1 014 furnished to the City of Federal Way to guarantee completion of all required improvements within two years of the date of recording the final plat; and WHEREAS, King County provided onsite inspection of road and drainage work on behalf of the City of Federal Way under the terms of the interlocal agreement; and WHEREAS, the applicant has satisfied or guaranteed all applicable King County regulations and conditions of approval and King County Department of Development and Environmental Services is recommending approval of the final plat; and WHEREAS, pursuant to section 2.4 of the interlocal agreement, the City of Federal Way shall be responsible for scheduling and making final decisions on these types of applications as supported by King County staff analysis set forth in King County's report and recommendation; and WHEREAS, the City ofF ederal Way City Council Land U se/Transportation Committee considered the application and staff report for the Northlake Rim final plat at its meeting on October 20, 2008, and recommended approval by the full City Council; and WHEREAS, the City of Federal Way City Council reviewed and considered the request and staff report for final plat approval during the Council's meeting on November 4, 2008. Now THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY HEREBY RESOLVES AS FOLLOWS: Section 1. Findings and Conclusions. 1. The Northlake Rim final plat, King County File No L02POOI5, satisfies or guarantees all applicable regulations and conditions of approval and King County Department of Development and Environmental Services is recommending approval of the final plat. 2. Based on, inter alia, the analysis and conclusions in the Final Plat Staff Report - King County Letter from Molly Johnson P.E., dated October 8, 2008, which are adopted herein by reference, and on the City of Federal Way City Council's review ofthe application for final plat, the proposed subdivision makes appropriate provision for public health, safety, and general welfare, and for such open spaces, Resolution No. 08-536 Page 2 014 drainage ways, streets or roads, alleys, other public ways, transit stops, potable water supplies, sanitary wastes, parks and recreation, playgrounds, and schools and school grounds as are required by King County code, or which are necessary and appropriate, and provides for sidewalks and other planning features to assure safe walking conditions for students who walk to and from school. 3. The public use and interest will be served by the final plat approval granted herein. 4. All required improvements for final plat approval have been made and/or sufficient bond, cash deposit, or assignment of funds has been accepted as guarantee for completion and maintenance of all required plat improvements as identified in the October 8, 2008, letter from Molly Johnson P.E. Development Engineer, King County Department of Development and Environmental Services. 5. All taxes and assessments owing on the property being subdivided have been paid or will be paid, prior to recording the final plat. Section 2. Application Approval. Based upon the Findings and Conclusions contained in Section 1 above, the Northlake Rim final plat, King County File No. L02P0015 is approved. Section 3. Recording. The approved and signed final plat, together with all legal instruments pertaining thereto, as required pursuant to all applicable codes, shall be recorded by the applicant in the King County Department of Records and Elections. The applicant shall pay all recording fees. Section 4. Severability. If any section, sentence, clause, or phrase ofthis resolution should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause, or phrase of this resolution. Section 5. Corrections. The City Clerk and the codifiers ofthis resolution are authorized to make necessary corrections to this resolution including, but not limited to, the correction of scrivener/clerical errors, references, resolution numbering, section/subsection numbers and any references thereto. Resolution No. 08-536 Page 3 014 Section 6. Ratification. Any act consistent with the authority and prior to the effective date of this resolution is hereby ratified and affirmed. Section 7. Effective Date. This resolution shall be effective immediately upon passage by the Federal Way City Council. RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON this 4th day of November, 2008. CITY OF FEDERAL WAY MA~ ATTEST: APPROVED AS TO FORM: r ~a. ~ CITY ATTORNEY, PATRICIA A. RICHARDSON FILED WITH THE CITY CLERK: 10-29-2008 PASSED BY THE CITY COUNCIL: 11-04-2008 RESOLUTION NO.: 08-536 Resolution No. 08-536 Page 4 014 RESOLUTION NO. 08-536 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, APPROVING THE NORTHLAKE RIM FINAL PLAT, FEDERAL WAY, WASHINGTON, KING COUNTY FILE NO. L02P0015 WHEREAS, a 37 -lot preliminary plat application was submitted to King County on August 13, 2002, and is vested to all platting laws and regulations administered under King County's jurisdiction; and WHEREAS, on October 12, 2004, the King County Hearing Examiner opened a public hearing on the preliminary plat application and closed the hearing on October 25, 2004; and WHEREAS, the King County Hearing Examiner issued a report and decision on October 26, 2004, approving with conditions the 37-lot preliminary plat; and WHEREAS, the City of Federal Way annexed this geographic area into the city's jurisdiction in January 2005; and WHEREAS, the engineering plans were submitted to King County on March 22,2005, and King County issued approval of the plans with the City of Federal Way's concurrence on June 28, 2007, for construction of required infrastructure and improvements; and WHEREAS, the recreation and landscaping plan was submitted to King County on April 14, 2006, and approved by King County on June 20, 2006; and WHEREAS, in February 2005 the City of Federal Way and King County entered into Interlocal Agreement No. AG05-29 relating to processing of vested building and land use applications; and WHEREAS, the final plat map and application for Northlake Rim was submitted to King County pursuant to the interlocal agreement on February 8, 2008; and WHEREAS, performance bonds in the amount of $ 341,000.00 for road and drainage improvements, $57,380.00 for landscaping and recreation improvements, and $18,250.00 for street trees have been Resolution No. 08-536 Page 1 014