Res 04-414
RESOLUTION NO. 04-414
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
FEDERAL WAY, WASHINGTON, CALLING FOR THE
ANNEXATION, BY ELECTION, OF CONTIGUOUS
UNINCORPORATED TERRITORY TO THE CITY OF
FEDERAL WAY LYING IN AN AREA GENERALLY EAST
AND SOUTH OF EXISTING CITY OF DES MOINES CITY
LIMITS, WEST OF EXISTING CITY OF FEDERAL WAY
CITY LIMITS AND NORTH OF S. 284TH ST. (REDONDO EAST
ANNEXATION)
WHEREAS, the City Council of the City of Federal Way, Washington, has detennined that it
would be in the best interests and general welfare of the City of Federal Way and the annexing
area to annex certain property east and south of existing City of Des Moines City Limits, west of
existing City of Federal Way City limits, and north of S. 284th St., and legally described in
Exhibit "A" attached hereto and incorporated by reference as if fully set forth; and
WHEREAS, the Growth Management Act and the King County Countywide Planning
Policies encourage transition of unincorporated urban and urbanizing areas within Potential
Annexation Areas trom county governance to city governance; and
WHEREAS, the Redondo East area is within the City of Federal Way's Potential Annexation
Area; and
WHEREAS, financial analysis of revenues and costs for the Redondo East territory indicate a
net annual surplus to the City of Federal Way in the amount of$6,990; and
WHEREAS, the City Council Land Use/Transportation Committee considered the Redondo
East annexation at the meeting of September 29, 2003 and at the meeting of November 3, 2003
recommended to City Council to proceed forward with annexations in 2004; and
WHEREAS, the City Council was briefed regarding the Redondo East annexation on
December 2, 2003 and directed staffto proceed forward with this annexation in 2004; and
04-414
Res.#_Page I
ORI GINAL
WHEREAS, the City Council is in the process of adopting the Federal Way Potential
Annexation Area Subarea Plan, which when adopted will become a part of the City's
Comprehensive Plan and which establishes Comprehensive Plan and zoning designations for the
proposed annexation area as well as general land use policies; and
Now THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY HEREBY RESOL YES AS
FOLLOWS:
Section 1. Public Interest. The best interests and general welfare of the City of Federal Way
and the annexing area would be served by the annexation of certain contiguous unincorporated
territory lying in the area east and south of existing City of Des Moines City Limits, west of
existing City of Federal Way City limits, and north of S. 284th St., legally described in Exhibit
"A" attached hereto and incorporated by reference as if fully set forth.
Section 2. Voters. As nearly as can be detennined the number of voters residing in the
aforesaid territory is 173.
Section 3. Election. The City Council hereby calls for an election to be held pursuant to
Chapter 35A.14 RCW to submit to the voters of the aforesaid territory the proposal for
annexation.
Section 4. Taxation and Indebtedness. There shall be submitted to the electorate of the
territory sought to be annexed a proposition that all property located within the territory to be
annexed shall, upon annexation, be assessed and taxed at the same rate and on the same basis as
property located within the City of Federal Way is assessed and taxed to pay for all or any
portion of the outstanding indebtedness of the City of Federal Way, which indebtedness has been
approved by the voters, contracted for, or incurred prior to or existing at, the date of annexation.
04-414
Res. # - Page 2
Section 5. Zoning. All property located within the territory to be annexed shall,
simultaneous with the annexation, have imposed the City of Federal Way Comprehensive Plan
and zoning designations, prepared under RCW 35A.14.330, and depicted in the Federal Way
Potential Annexation Area Subarea Plan.
Section 6. Cost of Election. The cost of said annexation election shall be paid by the City of
Federal Way.
Section 7. Resolution to be filed. The City Clerk shall file a certified copy of this resolution
with the King County Council and with the King County Boundary Review Board.
Section 8. Notice of Intention. The City shall also file with the King County Boundary
Review Board a Notice ofIntention hereof as required by RCW 36.93.090 et seq.
Section 9. Severability. 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
unconstitutionality shall not affect the validity or constitutionality of any other section, sentence,
clause, or phrase of this resolution.
Section 10. Ratification. Any act consistent with the authority, and prior to the effective
date, of the resolution is hereby ratified and affirmed.
Section II. Effective Date. This resolution shall be effective immediately upon passage by
the Federal Way City Council.
04-414
Res. # - Page 3
RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, this
18thday of May 2004.
CITY OF ERAL WAY
Mayor, Dean McColgan
f1'bST: /r
Cit Clerk, N. Christine Green, CMC
APPROVED AS TO FORM:
City Attorney, Patricia A. Richardson
FILED WITH THE CITY CLERK: 05/11/04
PASSED BY THE CITY COUNCIL: 05 18/ 04
RESOLUTION No: 04 414
04 -414.
Res. Page 4
CITY OF FEDERAL WAY
REDONDO EAST ANNEXATION
LEGAL DESCRIPTION
E.:::IillIT ('It If
That portion of Sections 32 & 33, Township 22 North, Range 4 East, Willamette
Meridian, in King County, Washington; more particularly described as follows:
Beginning at the intersection of the South right-of-way line of South 272nd Street and the
Easterly right-of-way of State Road No.1, Pacific Highway South, said point also being
on the Kent City Limits, Federal Way City Limits, and the south line of the North 38 feet
of Section 33, Township 22 North, Range 4 East Willamette Meridian;
THENCE westerly along the Kent City limits to the intersection of the South right-of-
way line of South 272nd Street and the Westerly right-of-way of State Road No.1, Pacific
Highway South, said point being an angle point in the Kent City limits and the Des
Moines City Limits;
THENCE along portions of the Des Moines City Limits as annexed by Ordinance No.
1166 and No. 1270 the following described courses:
Westerly along the South right-of-way line of South 272nd Street to the Easterly right-of-
way of 16th Avenue South, being in the Northwest quarter of Section 33, Township 22
North, Range 4 East of the Willamette Meridian, in King County, Washington;
THENCE Southerly along said Easterly right-of-way to its intersection with the Westerly
right-of-way of State Road No.1, Pacific Highway South;
THENCE Southerly along said Westerly right-of-way to its intersection with the South
right-of-way of South 279th Street;
THENCE Westerly along said South right-of-way to the East line of Lot 6, Block 2 of the
plat of Redondo on the Highway, recorded in Volume 30 of Plats at page 39, said East
line also being the West line of the Northwest quarter of said Section 33;
THENCE Southerly along said East line of Lot 6 to the Southeast comer thereof;
THENCE Southerly and Westerly along the proposed Easterly right-of-way line of 15th
Avenue South as shown in the illustrative site plan for the proposed development called
"Pacific Place" dated 03/10/2000, to the North line of the Plat of Applewood, recorded in
Volume 142 of Plats at pages 56 through 59;
THENCE Westerly along the North line of said Plat of Applewood to the Northwest
corner thereof;
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THENCE Southerly along the West line of said Plat of Applewood and the Southerly
extension thereof to the South right-of-way line of South 284th Street and the Federal
Way City Limits as established by King County Ordinance 8779;
THENCE along said Federal Way City Limits the following described courses:
Easterly along said South right-of-way line of South 284th Street to the West line of the
Southwest quarter of Section 33, Township 22 North, Range 4 East, W .M., King County;
THENCE Northerly along said West line to the North line of the South half of said
Southwest quarter of Section 33 ;
THENCE Easterly along said North line to the East right-of-way line of Pacific Highway
South, State Road No.1;
THENCE Northerly along said East right-of-way line to the South right-of-way line of
South 272nd Street and the point of Beginning.
Legal Description Prepared By:
Earth Tech, Inc
720 South 333rd Street, Suite 200
Federal Way, Washington 98003
253-838-6202
Timothy W. Wickham, P.LS.21601
c.
ORDINANCE NO. 1170
AN ORDINANCE OF THE CITY OF DES MOINES, WASHINGTON
annexing certain territory, known as the "Redondo Riviera"
community, to the City of Des Moines pursuant to the petition
method and assessing on the annexation territory a pro-rata
portion of the voter-approved general obligation bonded
indebtedness of the City of Des Moines existing on the date of
annexation, limited to the voter-approved bonded indebtedness
described in City of Des Moines Ordinance No. 1136¡ and setting
the effective date of such annexation as September 1, 2000.
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WHEREAS, in March of 1997, property owners in the area
known as "Redondo Riviera" filed a petition with the City Clerk
under the provisions of RCW 35A.14.120, asking the City Council
to authorize circulation of a petition to annex such area into
the City of Des Moines using the "60% valuation" method, and
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WHEREAS, although the initial petitions only needed to
reflect the signatures of owners representing 10% of the total
property valuation in the affected area, the original petitions
included signatures representing more than twice the required
figure, or owners representing at least 23% of the total property
valuation in the Redondo Riviera community, and
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WHEREAS, on May 8, 1997, the Des Moines City Council met
with the annexation petitioners in an open public meeting and
accepted the initial petitions, and
WHEREAS, on August 7, 1997, the City Council completed the
pre-annexation zoning process for the affected area, and
WHEREAS, in September of 1997, as directed by the City
Council, Administration prepared final "60% petitions" for
circulation in the proposed annexation area, reflecting
boundaries that were consistent with the Potential Annexation
Area Interlocal Agreement between the City of Des Moines and the
City of Federal Way and explaining that the affected area would
accept a pro-rata portion of existing vot~r-approved bonded
indebtedness upon annexation, and
WHEREAS, on February 10, 1998, King County officials
certified that the petitioners satisfied their 60% threshold set
forth in RCW 35A.Ol.040, and
WHEREAS, in late February, 1998, the City filed its
"Notice of Intention for Annexation" of the Redondo Riviera
community with the King County Boundary Review Board, and
WHEREAS, following two evenings of hearings, on May 27 and
July 9, 1998, the Boundary Review Board issued a Resolution. and
Hearing Decision on August 13, 1998, approving the City's
proposed annexation of the Redondo Riviera community, and
WHEREAS, in its decision, the Boundary Revjew Board
exercised its discretion to modify the proposed annexation area
boundaries to include. a small portion of the South 284th Street
right-of-way and two parcels in the southwest corner of the
original area lito eliminate impractical boundaries," and such
modification is deemed by Administration, including the Public
Works Director, to be in the public interest, and
WHEREAS, in the Fall of 1998, a single property owner
filed a timely appeal of the Boundary Review Board's decision to
approve the Redondo Riviera Annexation in the King County
Superior Court, which action is known as Granville Southern
Corp., et al v. Washington State Boundary Review Board for King
Ordinance No. 1270
Page 2 of 4
County, et aI, King County Superior Court Case No. 98-2-19694-7
KNT, and
WHEREAS, on May 11, 2000, the Des Moines City Council
unanimously approved a Settlement Agreement between the
annexation-appellant and the Cities of Des Moines and Federal
Way, seeking to resolve and eliminate all pending legal issues
that have delayed the Redondo Riviera annexation process for
almost two years, and
WHEREAS, the Settlement Agreement envisions development
and construction of a new section of 15th Avenue South between
South 279th Street and the Applewood neighborhood in
unincorporated King County, which street would serve as a logical
boundary for the new annexation area, and
WHEREAS, modification of the annexation area boundary to
follow the new 15th Avenue South route slightly reduces the total
annexation area approved by the Boundary Review Board, and the
City Council is fully authorized under RCW 35A.14.140 to "annex
all or any portion ofR the total area proposed for annexation,
and
WHEREAS, the City Council finds that the annexation
process has satisfied all statutory requirements and that it is
in the public interest to proceed with this annexation¡ now
therefore,
THE CITY COUNCIL OF THE CITY OF DES MOINES ORDAINS AS FOLLOWS:
Sec. 1. Annexation. The following described territory
contiguous to the City of Des Moines shall be annexed to and
become part of the City of Des Moines on September 1, 2000:
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BEGINNING at the intersection of the South right-
of-way line of South 272nd Street and the Easterly
right-of-way of 16th Avenue 'South, being in the
~ quarter of Section ~ Township 22 North,
Range 4 East of the Wi11amet\"?e Meridian, in King
County, Washington¡
THENCE Southerly along said Easterly right -of -way
to its intersection with the Westerly right-of-way
of State Road No.1, Pacific Highway South¡
THENCE Southerly along said Westerly right -of -way
to its intersection with the South right-of-way of
South 279th Street¡
THENCE Westerly along said South right-of -way to
the West line of Lot 6, Block 2 of the plat of
Redondo on the Highway, recorded in Volume 30 of
Plats at page¡í 30 thro"c¡h 39¡
THENCE Southerly along said West line of Lot 6 to
the Southwest corner thereof¡
THENCE Southerly and Westerly along the proposed
Eastern right-of-way line of 15th Avenue South as
shown in the illustrative site plan for the
proposed development called "Pacific PlaceR dated
03/10/2000, to the North line of the plat of
Ordinance No. 1270
Page 3 of 4
Applewood, recorded in Volume 142 of Plats at pages
56 through 59¡
THENCE Westerly along the North line of
Applewood to the Northwest corner thereof¡
said
THENCE Southerly along the West line of said plat
of Applewood to the South right-of-way line of
South 284th Street and the Federal Way City Limits
as established by King County Ordinance 8779¡
THENCE Westerly along said South line to the West
line of said Northeast quarter of the Southeast
quarter, said point also being on the City of Des
Moines city limits line as annexed by Ordinance No.
1166 ¡
THENCE Northerly, Westerly, Northerly along said
city limits line to its intersection with the South
right-of-way line of South 272nd Street¡
THENCE CONTINUING Easterly along said city limits
line, also being the South right-of-way line, to
the POINT OF BEGINNING.
Sec. 2. Effec~ive date of annexation. The effective date
of this annexation shall be September 1, 2000.
Sec. 3. Assessment and taxation. On the effective date of
this annexation, all property within the Redondo Riviera
annexation area shall be assessed and taxed at the same rate and
on the same basis as the property of the City of Des Moines is
assessed and taxed to pay for a portion of the outstanding
indebtedness of the Ci ty of Des Moines, which indebtedness has
been approved by the voters, contracted for,. or incurred. prior
to, or existing at, the date of annexation, limited to the voter-
approved bonded indebtedness described in Ordinance No. 1136 for
the construction of a new police station, including purchase of
land and equipment.
Sec. 4.. Zoning regulations applied. On the effective date
of this annexation, the Redondo Riviera annexation area shall be
subject to the zoning regulations of the City of Des Moines in
accordance with the pre-annexation zoning classifications
established for such area in Ordinance No. 1196, adopted by the
City Council on August 7, 1997.
Sec. 5. Severability - Construction.
(1) If a section, subsection, paragraph, sentence, clause,
or phrase of this ordinance is declared unconstitutional or
invalid for any reason by any court of competent jurisdiction,
such decision shall not affect the validity of the remaining
portions of this ordinance.
(2) If the provisions of this ordinance
inconsistent with other provisions of the Des
Code, this ordinance is deemed to control.
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are found to be
Moines Municipal
Ordinance No. 1270
Page 4 of 4
Sec. 6. Effective date. This ordinance shall take effect
and be in full force five (5) days after its passage, approval,
and publication in accordance with law.
PASSED BY the City Council of the City of Des Moines this
10th day August, 2000 and signed in authentication thereof this
10th day of August, 2000.
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MAY 0 R PRO T E M
APPROVED AS TO FORM:
ATTEST:
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Ci Y Clerk
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Published:
August 16, 2000
LEGAL NOTICE
SUMMARY OF ADOPTED ORDINANCE
CITY OF DES MOINES
ORDINANCE NO. 1270, Adopted August 10, 2000.
DESCRIPTION OF MAIN POINTS OF THE ORDINANCE:
This ordinance annexes certain territory, known as the "Redondo
Riviera" community, to the City of Des Moines pursuant to the
petition method and assessing on the annexation territory a pro-
rata portion of the voter-approved general obligation bonded
indebtedness of the City of Des Moines existing on the date of
annexation, limited to the voter-approved bonded indebtedness
described in City of Des Moines Ordinance No. 1136¡ and sets the
effective date of such annexation as September 1, 2000.
The full text of the ordinance will be mailed without cost upon
request.
Denis Staab
City Clerk
Publi shed:
August 16, 2000
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Redondo Riviera
Annexation Boundary
DES MOINES <:fTY LIMITS S 272M ST I
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Ordinance No. ]lC6
Page 2 or 4,
Easterly along the north margin of South 252nd
Street, also being the south line of Blocks 8 and 9
of said plat of Saltair, to the southeast corner of
said Block 8; thence southerly along the southerly
extension of the east line of said Block 8 to the
south line of the northeast quarter of the
southwest quarter of section 21, township 22 north,
range 4 east of the Willamette Meridian;
Thence easterly along said south line of
subdivision to the east line thereof, said point
being the northwest corner of the southwest quarter
of the southeast quarter of section 21, Township 22
North, Range 4 East of the Willamette Meridian;
Thence southerly along the west line of said
subdivision to the south line of the north 400 feet
thereof;
Thence easterly along the south line of said north
400 feet of said subdivision to the westerly line
of Pacific Highway South (Seattle Tacoma Road)
(State Road No.1) (US 99);
\ Thence leaving the city limits line of the City of
Kent as annexed by Ordinance No. 1002 and going
southerly along said westerly margin of Pacific
Highway South (Seattle-Tacoma Road) (State Road No.
1) (US 99) to its intersection with the south
margin of South 272nd Street;
Thence westerly along said south margin ,to the
easterly margin of Marine View Drive South (12th
Place South) as vacated by King County Ordinance
No. 3429, on September 26, 1977;
Thence southwest along said margin as vacated to
the point of intersection with the westerly
extension of the south line of the north half of
the north half of Government Lot I, section 32,
Township 22 North, Range 4 East of the willamette
Meridian;
Thence easterly along said south line to the east
line of the west half of the northeast quarter of
said section 32;
Thence southerly along said east line of the west
half of the northeast quarter and the east line of
the west half of the southeast quarter of said
section to the south line thereof, said point also
being on the city limits line of the City of
Federal Way as incorporation by Ordinance No. 8779;
Thence along said city limits line of the City of
Federal Way the following courses:
Westerly along said south line of said section to
the west margin of Redondo Way South;
AN ADDITION
"REDONDO ON THE
TO KING COUNTY. WASHINGTON.
DESCRIPTIO N:
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