Ord 98-311
ORDINANCE NO. 98-311
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
FEDERAL WAY, WASHINGTON, ANNEXING APPROXIMATELY
71.56 ACRES LOCATED BETWEEN SR 161 (ENCHANTED
PARKWAY), INTERSTATE 5, MILTON ROAD SOUTH, SOUTH
369TH STREET, AND 19TH WAY SOUTH.
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, in February, 1995, pursuant to RCW 35A.14.120,
Enchanted Parks, Inc., 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
71.56 acres of property contiguous to the eastern boundary of the
City of Federal Way; and
WHEREAS, on March 21, 1995, the City Council authorized
the
preparation of
a
petition
for Annexation,
requiring the
preparation of a proposed zoning regulation and requiring the
assumption of a pro rata proportion of existing City indebtedness
by the area to be annexed; and
WHEREAS, on November 21, 1995, the City Council adopted
Ordinance No. 95-248, which adopted the City's GMA Comprehensive
ORD #98-311, PAGE 1
töff2>Y
Plan and designated the subject property Commercial/Recreation; and
WHEREAS,
on July 26,
1996,
the City Council adopted
Ordinance No. 96-270, which zoned the subject property OP-4 under
the City's land use code (Chapter 22 of the Federal Way City Code
("FWCC"});and
WHEREAS,
the
annexation
action
is
exempt
from
all
environmental review pursuant to RCW 43.21C.222; and
WHEREAS, on November 13, 1997, the City Council and Planning
Commission jointly held public hearings, after public notice as
required by law, on the adoption of zoning development regulations
for the subject property; and
WHEREAS, on February 9, 1998 Enchanted Parks, Inc. submitted
its petition for Annexation of the property legally described and
depicted in Exhibit A hereto.
As certified by the Federal Way City
Clerk, the Petition contained the signatures of the owners of at
least
sixty
(60%)
of
the
assessed valuation
of
the property
proposed for annexation; and
WHEREAS, on February 17, 1998, the City Council held a public
hearing, after public notice as required by law, on the adoption of
zoning regulations for the subj ect property,
on a proposed CDA
between the City and Enchanted Parks, Inc., and on the proposed
annexation of the subject property; and
ORD #98-311, PAGE 2
WHEREAS,
on February 17,
1998,
the City Council adopted
Resolution No. 98-267, declaring and giving notice of its intention
to annex the subject property; and
WHEREAS, on March 3, 1998, the City Council, by Ordinance No.
98-310, approved and authorized the City Manager to enter into a
concomitant development agreement with Enchanted Parks, Inc., and
adopted development regulations for properties zoned OP-4,
as
required by Resolution No. 98-267; and
WHEREAS, the City Council finds that it would promote the
health, safety and welfare of the citizens of Federal Way to annex
the subject property;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
Section 1
Annexation.
The City of Federal Way hereby
annexes approximately 71.56 acres lying between SR 161 (Enchanted
Parkway) ,
Interstate 5,
Milton Road South,
South 369th Street
("Annexed Property"), and 19th Way South, as legally described and
depicted in Exhibit A 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.
ORD #98-311, PAGE 3
Sect ion 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
Development
Regulations.
The
zoning
development regulations as adopted by Ordinance No. 98-310 shall
take effect as of the effective date of this Ordinance.
Section 4
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
5
Severability.
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 #98-311, PAGE 4
-..............."..-.-
Section 6
Ratification.
Any act consistent with the
authority and prior to the effective date of this ordinance is
hereby ratified and affirmed.
Section 7
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-
267, 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 3rd day of March, 1998.
CITY OF FEDERAL WAY
MAyo;f kt ~
ATTEST:
'>; ~~
CITY CLERK, N. CHRISTINE GREEN, CMC
ORD #98-311, PAGE 5
APPROVED AS TO FORM:
C~~Om:I K. L~ELL
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO. 98-311
K, \ORDIN\ANNEXENCH. PRK
ORD #98-311, PAGE 6
2-10-98
3-03-98
3-07-98
4-20-98
EXHIBIT A
ESM inc.
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A CIVIL ENGINEERING. LAND SURVEY. AND PROJECT MANAGEMENT CONSUlTING FIRM
Enchanted Parks
Job No. 163-03-950-006
October 16, 1997
EXHIBIT 'A
PAGE-LOF ~
LEGAL DESCRIPTION FOR ANNEXATION
TO THE CITY OF FEDERAL WAY
Those portions of the southwest quarter of Section 28 AND of the southeast quarter of Section
29 AND of the northeast quarter of Section 32 AND of the northwest quarter of Section 33,ALL
in Township 21 North, Range 4 East, W.M., King County, Washington, being more particularly
described as follows:
BEGINNING at the northeasterly comer of Parcel "l" of "Regency Woods Division I"
according to the plat thereof recorded in Volume 154 of Plats, Pages 81 through 97, inclusive,
Records of King County, Washington;
THENCE southeasterly along the northeasterly line of said parcel, said line being coincident
with the southwesterly margin of Enchanted Parkway (AKA SSH No. 5-0 / Kit Comer Road
South / SR 161) to the northwesterly margin of 19th Way South as shown on said plat;
THENCE southwesterly along said northwesterly margin to the northerly margin of South 369th
Stre.et as shown on the plat of "Regency Woods Division 2" according to the plat thereof
recorded in Volume 156 of Plats, Pages 16 through 20, inclusive, Records of King County,
Washington;
THENCE westerly along said northerly margin and the westerly extension thereof to the easterly
margin ofSR 5 (AKA PSHNo. 1), also being the City of Federal Way Limits as defined by King
County Code Ordinance No. 8779;
THENCE northerly along said easterly margin to said southwesterly margin of Enchanted
Parkway;
EXJ>1Af3
THENCE southeasterly along said southwesterly margin to the
POINT OF BEGINNING.
See attached Exhibit "B".
Written by: C.A.F.
Checked by: R.J.W.
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720 South 348th Street. Federal Way. Washington 98
Federal Way (206) 838.6113 . Tacoma (2061 927-0619 . Seanle (2061 623.5911
. Fa" (2061 838.7t04 -
EXHIBIT "B"
TO ACCOMPANY LEGAL DESCRIPTION FOR ANNEXATION
A PORTION OF SECTIONS 28, 29, 32 AND 33,
lWP. 21 N., RGE. 4 E., W.M.,
KING COUNTY, WASHINGTON
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PARCEL OWNERSHIP
CD ENCHAN1<D' PARKS INC.
<3) ENCIWrTED PARKS INC.
eD ENCHANTED PARKS, INC.
ø ENCHAN1<D PARKS INC.
0 KING COUNTY
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JOB NO. 163-03-950"006
DRAWING NAME, 163\03\EXH-ANNP
DATE: 02-06-98
DRAWN. C.A.r./RJ.B.
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FEDERAL WAY. WASH<NGTON .BOO)
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