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Ord 98-332 ORDINANCE NO. 98-..ng AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, ANNEXING APPROXIMATELY 25.7 ACRES LOCATED BETWEEN SOUTH 320TH STREET, INTERSTATE 5, MILITARY ROAD, AND SOUTH 316TH STREET. WHEREAS, RCW 35A.14.010 authorizes the City of Federal Way to annex any portion of a county not incorporated as part of a city or town but lying contiguous to the City of Federal Way; and WHEREAS, on May 27,1998, pursuant to RCW 35A.14.120, the Weyerhaeuser Company, as owner of not less than ten percent (10%) in assessed valuation of the property proposed for annexation, as certified by the City Clerk, filed a Notice of Intention to Petition for Annexation to the City of Federal Way approximately 25.7 acres of property contiguous to the north boundary of the City of Federal Way; and WHEREAS, Weyerhaeuser had already requested, on January 26, 1998, that a Comprehensive Plan and zoning designation be applied to the property; and WHEREAS, the Federal Way Fire District is the owner of property adjacent to the property Weyerhaeuser seeks to have annexed by the City; and WHEREAS, the City Council determined to add the Fire District property to the annexation area, and WHEREAS, on July 21, 1998, the City Council accepted the 10% Petition, authorized the preparation of a Petition for Annexation as modified by addition of the Fire District Property, required adoption of a Comprehensive Plan and zoning designation prior to or concurrent ORD # 98-332, PAGE 1 I tö~Y: with the annexation, required the assumption of a pro rata proportion of existing City indebtedness by the area to be annexed, and required preparation of a development agreement pursuant to RCW 36 70B.170; and WHEREAS, the annexation action is exempt from all environmental review pursuant to RCW 43.21C222; and WHEREAS, on August 21, 1998, Weyerhaeuser submitted a Petition for Annexation, which the City Clerk has certified as containing the signatures of the owners of at least sixty (60%) of the assessed valuation of the property proposed for annexation; and WHEREAS, the area sought to be annexed ("Annexed Property") is legally described in Exhibit A and depicted in Exhibit B, both of which are attached hereto and incorporated herein by reference; and WHEREAS, on November 17, 1998, the City Council held a public hearing, after public notice as required by law, on the proposed annexation of the subject property, and on the proposed development agreement between the City, Weyerhaeuser, and the Fire District; and WHEREAS, on November 17,1998, the City Council adopted Resolution No. 98- 279, declaring and giving notice of its intention to annex the subject property; and WHEREAS, on December 15, 1998, the City Council, by Ordinance No. 98-;!¿L approved and authorized the City Manager to enter into a development agreement with the Weyerhaeuser Company and the Federal Way Fire District; and WHEREAS, the City Council considered the annexation at its meetings on November 17, December 1, and December 15,1998, and finds that annexation of the subject property would promote the health, safety and welfare of the citizens of Federal Way; ORD # 98-332, PAGE 2 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: Section I Annexation. The City of Federal Way hereby annexes approximately 25.7 acres located between Interstate 5, Military Road, South 320th Street, and South 316th Street, as legally described and depicted in Exhibits A and B attached hereto and incorporated by this reference. The Annexed Property shall become a part of the City of Federal Way, Washington, as of the effective date of this Ordinance, subject to laws and ordinances, regulations and plans of the City, as they now exist or may hereafter be amended or adopted. Section 2. Indebtedness. The Annexed Property shall assume its pro rata share of existing City indebtedness, and shall be assessed and taxed at the same rate and on the same basis as other property within the City to pay for any and all outstanding indebtedness of the City approved by the voters, contracted for or incurred prior to or existing as of the effective date of this Ordinance. Section 3. Filing. The City Manager and/or his designee is directed to file forthwith a copy of this Ordinance, duly certified as a true and correct copy, with the County Council of King County, pursuant to RCW 35A.14.140. Section 4 Severabili1y. The provisions of this ordinance are declared separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this ordinance or the invalidity of the application thereof to any person or circumstance, shall not affect the validity of the remainder of the ordinance, or the validity of its application to other persons or circumstances. ORD # 98-332, PAGE 3 ( c Section 5 Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 6. Effective Date. This ordinance shall take effect and be in force 45 days after the date on which the Notice of Intention to Annex is filed with the Washington State Boundary Review Board ("BRB")for King County pursuant to Resolution No. 98-279, if no person or entity invokes the jurisdiction of the BRB, or on the effective date of BRB approval of the annexation if BRB jurisdiction is invoked. PASSED by the City Council of the City of Federal Way this 15th day of DprpmhPT .1998. CIT~DERAL WAY ø~ MÁYOR, RON TZ APPROVED AS TO FORM: -~~.~)~s CITY ATTORNEY, LaNDI K. tINDELL FILED WITH THE CITY CLERK: 11/16/98 PASSED BY THE CITY COUNCIL: 12/15/98 PUBLISHED: 12/18/98 EFFECTIVE DATE: 1/9/99 ORDINANCE NO. 98-332 K:\CDlORDINIANNEXWEYH 0 RD # -9.1b332...> P AGE 4 ANNEXATION DESCRIPTION QUADRANT RES NORTH PARCEL A: . TRACTS 1 THROUGH 7, AND THAT PORTION OF TRACT 18 LYING SOUTH OF THE BONNEVILLE POWER ADMINISTRATION RIGHT-OF-WAY, AS ESTABLISHED BY EASEMENT RECORDED UNDER RECORDING NUMBER 3347081, MIDWAY SUBURBAN TRACTS, ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME 38 OF PLATS, PAGE 40, IN KING COUNTY, WASHINGTON; EXCEPT THAT PORTION OF TRACTS 1 AND 2 CONVEYED TO THE STATE OF WASHINGTON BY DEED RECORDED UNDER RECORDING NUMBER 4998517; AND EXCEPT THE SOUTH 40 FEET OF TRACT 3 CONVEYED TO THE STATE OF WASHINGTON BY DEED RECORDED UNDER RECORDING NUMBER 4998539; AND EXCEPT THE SOUTH 40 FEET OF TRACT 4, AS CONDEMNED UNDER KING COUNTY SUPERIOR COURT CAUSE NUMBER 534586; AND EXCEPT THE SOUTH 40 FEET OF THE WEST 100 FEET OF TRACT 5 CONVEYED TO THE ST ATE OF WASHINGTON BY DEED RECORDED UNDER RECORDING NUMBER 4998520. PARCEL B: ALL THAT PORTION OF THE SOUTH 320TH STREET RIGHT-OF-WAY IN SECTIONS 9,10,15 AND 16, TOWNSHIP 21 NORTH, RANGE 4 EAST W.M., KING COUNTY WASHINGTON, DESCRIBED AS FOLLOWS; THAT PORTION OF THE SOUTH 320TH STREET RIGHT-OF-WAY LYING EAST OF AND ADJOING TO THE CURRENT EAST BOUNDARY OF THE CITY OF FEDERAL WAY AND WEST OF THE FOLLOWING DESCRIBED LINE; BEGINNING AT THE INTERSECTION OF THE EAST LINE OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 15 WITH THE SOUTH LINE OF THE 320 TH STREET RIGHT -OF- WAY, SAID INTERSECTION BEING FURTHER DESCRIBED AS LYING ON THE CURRENT BOUNDARY OF THE CITY OF FEDERAL WAY; THENCE NORTHERLY ALONG THE SAID EAST LINE TO THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 10; IJlf EXHIBIT.. THENCE NORTHERLY ALONG THE WEST LINE OF SAID SOUTHEAST QUARTER TO A TERMINUS AT THE NORTH MARGIN OF THE 320TH STREET RIGHT-OF-WAY, SAID TERMINUS BEING FURTHER DESCRIBED AS BEING ON THE SOUTH LINE OF TRACT 7, MIDWAY SUBURBAN TRACTS ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 38 OF PLATS, ON PAGE 40, RECORDS OF KING COUNTY WASHINGTON, DESCRJPTION BY W&H PACIFIC, INC, ?ot~ I ç:/¡ ¡ P/~ RÖBERT E, WALLIS, P,LS, tfr~J Â1J¡I Z 3 /998 DATE " I,PROJECT""'OOO"WOllD'REVANNEXdo< r~~S5~ ...'~ E. '~, ' , ",(~,-,-;-,',_.<1¡- ",. " tJ ¡t- , /, ~v/o~ \\;\-Sli<i>;:Ç..; ~ í .Q;'!:~ C:' ~"\' , ! 4!~ 3\ , j~ '-' zl' \ .. \ J ä;<à ) ~ 'J;' " ", '.~2 W'/;:::' ""rp '0", '~"", "'-" , "~' "":,CIS'n,.y:,,/ ,f' ",5, '"...,...., :.-:5 r '-,..o'\:1:'L~""'" '--...:---- ~ ..p,,"s, 2!5, ?aO J'~5:>55»~>.?,~7.ø 551560- 4 CO10 CO16 CO20 I CO25 co261 0000 8. 320th 81. FEDERALIWAY CITY !LIMITS I'; ': J ~ ;: I ~ :=3 I~ Residential North Annexation 25.7 Acres ~ 13 12 CO35 II 10 CO37 FIRE STATION .... --u_----- Residential North Annexation (SE 09-21-04, SW 10-21-04, NW 15-21-04 & NE 16-21-04) To the City of Federal Way Parcel & Vicinity Map Legend: Federal Way City LimilS Annexation Area Boundary L_J Annexallon Area 0 City 01 Federal Way Vicinity Map en I:: :e ::J > 1-' Õ > ~ ;=; ...J ~ a: w, C w u.. Scale: 1 to 4440 1 Inch equals 370 Feet 0 500 Feet W-....-........, .w~ ~ ~~N . = GIS DIVISION lusers/mikes/projectlannexlbrb1c2.aml ,j