Res 04-418
RESOLUTION NO.
04-418
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 OF
EXISTING CITY OF FEDERAL WAY CITY LIMITS, SOUTH
OF S. 369TH ST. AND 19TH WAY S., WEST OF THE EAST
BOUNDARY OF "PARCEL X" IN THE REGENCY RIDGE
CONDOMINIUM DEVELOPMENT AND ENCHANTED
PARKWAY, AND NORTH OF EXISTING CITY OF MILTON
CITY LIMITS AND POTENTIAL ANNEXATION AREA
BOUNDARIES (PARKWAY ANNEXATION)
WHEREAS, the City Council of the City of Federal Way, Washington, has determined 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 of existing City of Federal Way City limits, south of 369th St.
S. and 19th Way S., west of the east boundary of "Parcel X" in the Regency Ridge Condominium
development and Enchanted Parkway and north of existing City of Milton City limits and
Potential Annexation Area boundaries, legally described in Exhibit "A" attached hereto and
incorporated by reference as if fully set forth; and
WHEREAS, the Growth Management Act (GMA) and the King County Countywide Planning
Policies encourage transition of unincorporated urban and urbanizing areas within Potential
Annexation Areas from county governance to city governance; and
WHEREAS, the Parkway area is within the City of Federal Way's Potential Annexation Area;
and
WHEREAS, although financial analysis of revenues and costs for the Parkway territory
indicate a net annual deficit to the City of Federal Way of approximately $11,000, the benefits of
Res. J>4-41iiage I
t(Q)~Y
annexing the territory, which include compliance with the GMA, localized regulatory control and
localized provision of services, outweigh the financial costs; and
WHEREAS, the Homeowners Association Board of Regency Woods (located within the
Parkway area) has submitted to the City a memorandum indicating their support for this
annexation; and
WHEREAS, the City Council Land Use/Transportation Committee considered the Parkway
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 Parkway annexation on December 2,
2003 and directed staff to proceed forward with this annexation in 2004; and
WHEREAS, on May 18, 2004, the City Council passed a resolution initiating the review
process for the Parkway annexation and directing staff to submit a notice of intent to the King
County Boundary Review Board; and
WHEREAS, subsequent research of the Parkway annexation area has revealed that the
original proposed boundary would bisect three lots that have recently been created through a
formal subdivision process under King County Jurisdiction; and
WHEREAS, the legal description of the proposed Parkway annexation area is hereby revised
to exclude lots that would be bisected as well as adjacent property in order to create a logical
corporate boundary; and
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 designations and zonIng
classifications for the proposed annexation area as well as general land use policies; and
Res,Q¡.-418 Page 2
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 of existing City of Federal Way City Limits, south of 369th St. S.
and 19th Way S., west of the east boundary of "Parcel X" in the Regency Ridge Condominium
development and Enchanted Parkway and north of existing City of Milton City limits and
Potential Annexation Area boundaries, legally described in Exhibit "A" attached hereto and
incorporated by reference as if fully set forth.
Section 2. Voters. As nearly as can be determined the number of voters residing in the
aforesaid territory is 639.
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 ofthe outstanding indebtedness ofthe 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.
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
Res.Q4-418Page 3
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 of Intention 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 to. Ratification. Any act consistent with the authority, and prior to the effective
date, of the resolution is hereby ratified and affinned.
Section 11. Effective Date. This resolution shall be effective immediately upon passage by
the Federal Way City Council.
RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, this
6th day of
July
2004.
~. ED~LWAY
/ M~~
Mayor, Dean McColgan
Res, #O4-41&ge 4
2Z
~ClLsh~ ~
City Clerk, N. Christine Green, CMC
APPROVED AS TO FORM:
.ý~~
City Attorney, Patricia A. Richardson
FILED WITH THE CITY CLERK: 07/02/04
PASSED BY THE CITY COUNCIL: 07/06/04
RESOLUTION No:
04-418
Res.Q¡.-418 Page 5
CITY OF FEDERAL WAY
PARKWAY ANNEXATION AREA
LEGAL DESCRIPTION
Those portions of the Southwest quarter of Section 28, the Northeast quarter of Section
32, the Northwest and the Southwest quarter of Section33, Township 21 North, Range 4
East, Willamette Meridian, King County, Washington, more particularly described as
follows:
BEGINNING at the intersection of the southwesterly margin of Enchanted Parkway
(AKA SSH No. 5-D / Kit Comer Road South / SR 161) and the northwesterly margin of
19th Way South, said point being described in City of Federal Way annexation Ordinance
98-311 ;
THENCE Southwesterly along said Northwesterly margin to the Northerly margin of
South 369th Street as described in City of Federal Way annexation Ordinance 98-311 and
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 PSH No.1) as described in City of Federal Way
annexation Ordinance 98-311 and also being the City Limits of Federal Way as defined
by King County Code Ordinance No. 8779;
THENCE Southerly along said Easterly margin as defined by King County Code
Ordinance No. 8779 to the intersection of the North line of the South 30 feet of the
Southeast quarter of the Southwest quarter of the Northeast quarter of said Section 32;
THENCE Easterly along said North line to the Easterly margin of Milton Road South and
the City Limits of Milton as described in City of Milton Ordinance No. 1241;
THENCE continuing along said North line and the North line of the South 30 feet of the
Southwest quarter of the Southeast quarter of the Northeast quarter of said Section 32,
said line being the City Limits of Milton, to the West line of the Southeast quarter of the
Southeast quarter of the Northeast quarter of said Section 32;
THENCE along the North line of the South 30 feet of the Southeast quarter of the
Southeast quarter of the Northeast quarter of said Section 32 to the East line of said
Northeast quarter, said East line also being the West line of the Plat 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 Southerly along said West line of the Plat of "Regency Woods Division I" to
the Quarter comer common to Sections 32 and 33;
RXHIBIT I (fJ (Î
V'VW
THENCE Southerly along the West line of the NOIihwest quarter of the Southwest
quarter of said Section 33, said line also being the West line of the Plat of "Regency
Woods Division 1 ", to the Southwest corner of said Plat;
THENCE Easterly along the South line of the Plat of "Regency Woods Division I" to the
Northwesterly margin of the Puget Sound Electric Company Interurban Railway Right of
Way as shown on said Plat;
THENCE Northeasterly, Northerly, Easterly, and Southeasterly along said Puget Sound
Electric Company Interurban Railway Right of Way to the Southerly corner of Parcel X
of the Plat of "Regency Woods Division I", said corner also being the Southwest corner
of Tract A of the Plat of "Kings grove" according to the plat thereof recorded in Volume
118 of Plats, Pages 55 through 61, inclusive, Records of King County, Washington;
THENCE Northerly along the West line of the Plat of "Kingsgrove" to the Northwest
corner of said Plat;
THENCE Easterly along the North line of the Plat of "Kings grove" to the Southwest
corner of Tract G of the Plat of "Stone Creek" according to the plat thereof recorded in
Volume 211 of Plats, Pages 93 through 98, inclusive, Records of King County,
Washington;
THENCE Northerly along the West line of the Plat of "Stone Creek" to the Northwest
corner of said Plat;
THENCE Easterly along the North line of the Plat of "Stone Creek" to the East line of
the Northwest Quarter of Section 33;
THENCE Northerly along the East line of said Northwest Quarter to the Southwesterly
margin of Enchanted Parkway (AKA SSH No. 5-D / Kit Corner Road South / SR 161);
THENCE Northwesterly along said Southwesterly margin of Enchanted Parkway to the
Point Of Beginning.
Legal Description Prepared By:
Earth Tech, Inc
720 South 333rd Street, Suite 200
Federal Way, Washington 9800
(-2- °4-