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027-06 - Resolution - Approving Final Plat of the GazeboRESOLUTION NO. 027-06 A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON APPROVING THE FINAL PLAT OF THE GAZEBO. WHEREAS, the City Council in June 13, 2005 approved the Gazebo Preliminary Plat by adopting Ordinance No. 015-05; and WHEREAS, land use conditions specified in Ordinance No. 015-05 have been fulfilled in the preparation of the designated lots; and WHEREAS, South Kitsap Fire and Rescue has determined that fire department access is adequate; and WHEREAS, the City Engineer has determined that the proposed means of sewage disposal and water supply are adequate, that the terms and conditions of preliminary plat have been met, and recommends final approval; and WHEREAS, the developer will provide interim bonding in the amount of 150% of the value to install the required street lighting and to relocate an existing utility pole along South Flower Avenue until these improvement are completed; and WHEREAS, the subdivision is found to be in conformance with the requirements of chapter 58.17 RCW, the City's Zoning Ordinance, and other land use controls; now, therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD HEREBY RESOLVES AS FOLLOWS: 1. The final plat of Gazebo, as legally described in Exhibit A, is hereby approved. 2. The Gazebo subdivision shall be governed by the terms of approval of the final plat, and the statutes, ordinances, and regulations in effect at the time of approval for a period of five years after final plat approval unless the City Council finds that a change in conditions has created a serious threat to public health or safety in the subdivision. 3. The Mayor is hereby authorized to sign a waiver of protest agreement to allow future residents of Gazebo Plat to participate in the future roadway improvement of South Flower Avenue. Resolution No. 027-06 Page 2 of 2 PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor and attested by the Clerk in authentication of such passage this 28th day of August, 2006. K:m. F. AU KIM E. ABEL, MAYOR ~~ Michelle Merlino, Interim City Clerk Exhibit A Legal Description Parcel A: The South 1 Acre of the following described property: That portion of the Southeast Quarter of the Northwest Quarter of Section 2, Township 23 North, Range 1 East, W.M., described as follows: Beginning 216 feet South of the Northwest corner of said Southeast Quarter of the Northwest Quarter; Thence East 476 feet; Thence South 184 feet; thence West 476 feet; Thence North 184 feet to the point of beginning; Except roads; And that portion of the Southeast Quarter of the Northwest Quarter of Section 2, Township 23 North, Range 1 East, W.M., described as follows: Beginning 216 feet South of the Northwest corner of the said Southeast Quarter of the Northwest Quarter: Thence East 476 feet; Thence South 184 feet; Thence West 476 feet; Thence North 184 feet to the point of beginning; Except the South 1 Acre thereof; Also except that portion lying North of an existing fence. Parcel B: That portion of the Southeast Quarter of the Northwest Quarter of the Section 2, Township 23, Range 1 East, W.M., in Kitsap County, described as follows; Beginning 30 feet South of the Northwest corner of said Southeast Quarter of the Northwest Quarter; Thence South 186 feet; Thence East 188 feet to the True point of beginning; Thence continuing East 288 feet; Thence North 186 feet; Thence West 288 feet; Thence South 186 feet to the True point of beginning. Except the East 100 feet thereof Also except the West 120 feet thereof. Also except that portion lying East of an existing fence in the Southeasterly portion of the site.