Res 04-424
RESOLUTION NO. 04-424
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
FEDERAL WAY, WASHINGTON, SETTING A DATE OF
NOVEMBER 2, 2004 FOR THE ANNEXATION ELECTION, OF
CONTIGUOUS UNINCORPORATED TERRITORY TO THE
CITY OF FEDERAL WAY LYING IN AN AREA 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
P ARKW A Y, AND NORTH OF EXISTING CITY OF MIL TON
CITY LIMITS AND' POTENTIAL ANNEXA TION AREA
BOUNDARIES REFERENCED AS THE PARKWAY
ANNEXATION AREA.
WHEREAS, the City Council of the City of Federal Way, Washington, has determined that it
would be in the best interest and general welfare of the City of Federal Way and the Parkway
area to annex certain property east of existing City of Fedenll Way City limits, south of 369111 St.
S. and 191h Way S., west ofthe 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, referenced as the Parkway annexation area 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 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. # 04-424 Page I
OR' GINAL
annexing the territory, which include compliance with the GMA, localized regulatory control and
localized provision of services, outweigh the financial costs; 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, the City Council passed resolution 04-418 on July 6, 2004 authorizing submittal
of the Parkway annexation proposal to the King County Boundary Review Board; and
WHEREAS, the City received notice on August 23, 2004 that the King County Boundary
Review Board approved the Parkway annexation proposal; and
WHEREAS, the City Council has adopted the Federal Way Potential Annexation Area
Subarea Plan, as a chapter of the City's Comprehensive Plan which adopted and establishes
Comprehensive Plan designations and zoning classifications 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 RESOLVES AS
FOLLOWS:
Section 1. Public Interest. The best interests and general welfare of the City of Federal Way
and the Parkway area would be served by the annexation of certain contiguous unincorporated
territory lying in the area Oeast 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
Res. # 04-424 Page 2
Potential Annexation Area boundaries, referenced as the Parkway annexation' area legally
described in Exhibit" A" attached hereto and incorporated by reference as if fully set forth.
Section 2. Election. The City Council hereby requests the King County Council set an
election date of November 2,2004 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 3. 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 that is located within the City of Federal Way is assessed and taxed to pay for all or any
portion ofthe 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.
Section 4. Zoning. All property located within the territory to be annexed shall,
simultaneous with the annexation, have imposed the City of Federal Way Comprehensive Plan
designations and zoning classifications, prepared under RCW 35A.14.330, and depicted in the
Potential Annexation Area Chapter of the Federal Way Comprehensive Plan, as adopted by
ordinance number 04-460.
Section 5. 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 6. Ratification. Any act consistent with the authority, and prior to the effective date,
of the resolution is hereby ratified and affirmed.
Section 7. Effective Date. This resolution shall be effective immediately upon passage by
the Federal Way City Council.
Res. # 04-424 Page 3
n..h day of
August
2004.
RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, this
A7; ~~
City Clerk, N. Christine Green, CMC
APPROVED AS TO FORM:
r~J.~
City Attorney, Patricia A. Richardson
FILED WITH THE CITY CLERK: 08/16/04
PASSED BY THE CITY COUNCIL: 08/24/04
RESOLUTION No:
Res. O~4">age 4
Mayor, Dean McColgan
EXHIBIT
\.\ . If
A
CITY OF FEDERAL WAY
P ARKW A Y 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 Section 33, 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 Corner 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 thereofto
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 ofthe South 30 feet ofthe
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 ofthe Southeast quarter ofthe
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 1" to
the Quarter corner common to Sections 32 and 33;
THENCE Southerly along the West line of the Northwest quarter of the Southwest
quarter of said Section 33, said line also being the West line ofthe 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 1" to the
Northwesterly margin ofthe 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 Railw~y Right of Way to the Southerly corner of Parcel X
ofthe Plat of "Regency Woods Division 1", said corner also being the Southwest corner
of Tract A ofthe 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 "Kings grove" 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 ofthe 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 98003
253-838-6202
Timothy W. Wickham, P.LS.21601
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Map Date: July 2004
City of Federal Way,
33530 First Way S,
Federal Way, WA 98003
(253) 661-4000
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