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ORDINANCE NO. 30C-7-
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AN ORDINANCE of the City of Kent,
Washington, relating to platting and
subdivision, correcting the recorded
plat of Walkers Acres, No. SP -90-22,
to depict the declaration of private
access easements and utility easements
thereon.
WHEREAS, the short subdivision entitled "Walkers Acres,"
short plat No. SP -90-22 (the "Plat" hereinafter) was conditionally
approved on January 17, 1991 by the City of Kent; and
WHEREAS, of the conditions imposed by the City upon the
short subdivision (as set forth in Exhibit A hereto), some were to
be completed prior to the recording of the Plat and some were to be
delineated on the face of the final Plat prior to recordation; and
WHEREAS, the final, approved Plat was submitted for
recording to the King County Department of Records and Elections
and was given Recording Number 9103010512 thereby; and
WHEREAS, it has been brought to the City's attention that
the Plat as recorded is different from the Plat submitted to the
County, and that the discrepancies include, but are not limited to
the deletion of the private easement declaration and all utility
easements for side sewers or water service lines from the recorded
Plat; and
WHEREAS, it appears that such unauthorized deletions took
place after the original mylar of the Plat was submitted to the
County for recordation, and that the City otherwise would not have
approved the Plat as presently recorded under Recording Number
9103010512; and
WHEREAS, state law provides a procedure for the
correction of a recorded plat, to be followed whenever the recorded
plat of a city does not definitely show the location or width of
any street or alley (RCW 58.10.030); and
WHEREAS, since the statute does not differentiate between
private and publicly dedicated rights-of-way, the Kent City Council
finds that the correction of the Plat to appropriately depict all
required conditions through recordation of the corrected Plat shall
!occur as set forth in RCW 58.10.030; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON DOES
HEREBY ORDAIN AS FOLLOWS:
Section 1. The Property Manager of the City of Kent is
hereby directed to certify, on the face of the corrected Plat of
Walkers Acres, that the plat recorded under King County Auditor's
File No. 9103010512 has been corrected to include all conditions
imposed by the City, and which were to be depicted on the face of
the plat, as set forth in the City's approval of short plat No. SP -
90 -22 (attached hereto as Exhibit A) and finally, that this
ordinance has been recorded in the records of the King County
Department of Records and Elections in order to correct the plat
recorded under King County Auditor's File No. 9103010512.
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Section 2. The Property Manager of the City is hereby
authorized to submit the corrected Plat of Walkers Acres and a copy
of this Ordinance for recording in the King County Department of
Records and Elections.
Section 3. Any acts made consistent with the authority
and prior to the effective date of this Ordinance are hereby
ratified and confirmed.
Section 4. Effective date. This ordinance shall take
effect and be in force thirty (30) days from the time of its final
passage as provided by law.
KELLEHER, MAYOR
ATTEST:
BRENDA JACOBER, bEP Y CITY CLERK
I
1
APPROVED AS TO FORM:
A. LUBOVICH, CITY ATTORNEY
PASSED the �r% day of Jhr, 1991.
APPROVED the day of9`'� , 1991.
PUBLISHED the �C' day of ��''� , 1991.
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I hereby certify that this is a true and correct copy of
Ordinance No. -3C-)C),-)-- , passed by the City Council of the City of
Kent, Washington, and approved by the Mayor of the City of Kent as
hereon indicated.
walkers.ord
C",._ (SEAL)
BRENDA JACOBE , PUTY CITY CLERK
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(EXHIBIT "A")
FINAL DECISION
The application for approval of the Walkers Acres #SP -90-22 Short
Subdivision is APPROVED subject to the following conditions:
A. Prior to Recordation of Short Plat
1. Locate Garrison Creek and Benson Creek, Arid the. top of the
associated ravine, with respect to the subject property.
Show their location on the final plat mylar or linen.
2. The final plat mylar or linen shall bear a notation that
states that a 75 -foot setback of impervious surfaces from the
top of the ravine is required.
3. The final plat mylar or linen shall bear a note that states,
"development on all lots shall comply with City of Kent solar
access setback standards. Contact the Kent Planning
Department".
4. The final plat mylar or linen shall bear a note that states,
"a tree plan for all • lots showing all trees six inches in
Cp diameter or greater, and their relationship to any proposed
structure, must be approved by the Planning Department prior
4 to'the issuance of a development permit for any lot."
5. No vegetation below the 75 -foot setback line from the ravine
shall be disturbed. The final plat mylar or linen shall bear
a note that states same.
6. Execute a no -protest LID agreement for the future widening
and improvement of 100th Avenue SE to City of Kent standards
for residential collector.
7. Reserve easements to the City for utilities, slope protection
and recreation upon sale of the property. Said easements
shall be delineated on .the face of the. final plat. The
limits of said easements shall be approved by the Public
Works Director.
8. Provide private access and utility easements for the future
installation of side sewers and water service lines and
access road to Lots 3 and 4. Said easements shall be shown
on the face of the final plat.
9. Connect the existing residence to the public sanitary sewer
system in 100th Avenue SE. Abandon the existing septic
system in accordance with King County Health Department
requirements.
END
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