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Res 99-284 RESOLUTION NO. 99-284 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, APPROVING THE FINAL PLAT OF HERITAGE WOODS, DMSION 2, FEDERAL WAY FILE NO. SUB98- 0003. WHEREAS, the preliminary plat for Heritage Woods, Division 2, City of Federal Way File Nos. SUB91-0001 and SUB92-0005 was approved subject to conditions on October 20, 1992, by Federal Way Resolution No. 92-122; and WHEREAS, the applicant has satisfied all of the conditions set forth in Resolution No. 92-122 and in the June 16, 1992, Recommendation of the Federal Way Hearing Examiner; and WHEREAS, subsequent to obtaining preliminary plat approval, the applicant has separated the plat of Heritage Woods into Division I and Division 2; and WHEREAS, the Heritage Woods Division 1 has received final approval and is recorded in Volume 179 of Plats, at Pages 76 through 83, inclusive, records of King County, Washington; and WHEREAS, the applicant submitted the application for final plat for Heritage Woods, Division 2, within the required time of receiving approval for the above-referenced preliminary plat; and WHEREAS, City of Federal Way Department of Community Development Services staffhave reviewed the proposed final plat for its conformance to the conditions of the preliminary plat and the Federal Way Hearing Examiner, and their analysis and conclusions are set forth in the January 26, 1999, Staff Report; and Res. # 99-284 , Page 1 Ii. I ' , t, '".' ,',>0 ~ ~ . .~~:;( , ,., . ,..I! .." '0' I . '"".¡."'-"f',,,¡~-¡ WHEREAS, the Land UselTransportation Council Committee considered the application for final plat for Heritage Woods, Division 2, at its February 1, 1999, meeting and recommended approval by the full City Council; and WHEREAS, the City Council reviewed and considered the Staff Report and the application for final plat of Heritage Woods Division 2 during the Council's February 2, 1999, meeting; Now TIffiREFORE, TIffi CITY COUNCIL OF TIffi CITY OF FEDERAL WAY HEREBY AS FOLLOWS: Section I Conditions and Conclusions. L The final plat for Heritage Woods, Division 2, City of Federal Way File No. SUB98- 0003 is in substantial conformance to the preliminary plat and is in conformance with applicable zoning ordinances or other land use controls in effect at the time of submittal of the substantially complete application. 2. Based on, inter alia, the analysis and conclusions in the Staff Report which are adopted herein by reference, and on the City Council's review ofthe application for final plat, the proposed subdivision makes appropriate provision for the public health, safety, and general welfare, and for such open spaces, drainage ways, streets or roads, alleys, other public ways, transit stops, potable water supplies, sanitary wastes, parks and recreation, play grounds, and schools and school grounds as are required by City Code or are necessary and appropriate, and provides for sidewalks and other planning features to assure safe walking conditions for students who only walk to and from schooL Res. # 99-284 , Page 2 3. The public use and interest will be served by the final plat approval granted herein. 4. All conditions as listed in the Federal Way Resolution No. 92-122 and the conditions in the June 16, 1992, Recommendation of the City of Federal Way Hearing Examiner, have been satisfied, and/or satisfaction of the conditions have been sufficiently guaranteed by the applicant as allowed by Federal Way City Code Section 20-135. 5. All required improvements have been made and sufficient bond, cash deposit, or assignment of funds have been accepted as guaranty for maintenance of all required plat improvements, including financial guarantees to implement the Supplemental Wetland Creation Plan by Kucinski Consulting, revised January 22, 1999, to be implemented by March 31, 1999, and to implement completion of the required landscaping behind lots 60 - 66 by June 1,1999, as identified in the January 26, 1999, Staff Report. 6. 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 of Fact contained in Section 1 above, the final plat of Heritage Woods Division 2, City of Federal Way File No SUB98-0003 is approved, subject to satisfaction of the maintenance conditions identified in the staff report and as required per applicable codes and policies. 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. All recording fees shall be paid by the applicant. Section 4 S~verability. If any section, sentence, clause, or phrase of this resolution should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or Res. # 99-284 , Page 3 unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause, or phrase of this resolution. Section 5 Ratification. Any act consistent with the authority and prior to the effective date of the resolution is hereby ratified and affirmed. Section 6 Effective Date. This resolution shall be effective upon passage by the Federal Way City Council, and upon the effective date of Ordinance No. 99-334 , rezoning a portion of the property in Heritage Woods Division 2. RESOLVED BY TIffi CITY COUNCIL OF TIffi CITY OF FEDERAL WAY, WASHINGTON, this ~ day of February , 1999. CITY OF FEDERAL WAY ..æ~~~ MAYoR;RONALD GINTZ ~ ~ø~~i:w~~. CITY CLERK, N. CHRISTINE GREEN, CMC APPROVED AS TO FORM: ~c.~'~èAa-M~)~: CITY ATTORNEY, LaNDI K. INDELL FILED WITH TIffi CITY CLERK: PASSED BY TIffi CITY COUNCIL: 2/1/99 RESOLlJTION No: ?'2.'99 99-284 L,\PRMSYS\DOCUMI!N'I\SUB98.. OO.O3\RJ!SOLlIlNDOC Res. # 99-284 , Page 4