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Ord 04-479 ORDINANCE NO. 04-479 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, ASIDNGTON, ESTABLISIDNG AN EFFECTIVE DATE OF JA UARY 1, 2005 FOR THE NORTH LAKE ANNEXATION WHEREAS, residents with' the North Lake area have expressed interest in annexation to the City and have submitted to the City an nformal survey of residents in the area showing that a majority of those surveyed favor annexation to the ity of Federal Way; and WHEREAS, the City Cou cil 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 annexing area to annex certain property east of ex sting City of Federal Way City Limits, south of S. 320th St., west of Peasley Canyon Rd. S., and no h of Highway 18 and existing City of Federal Way City limits, and legally described in Exhibit "A" nd graphically depicted in Exhibit "B" attached hereto and incorporated by reference as if fully set forth; nd WHEREAS, financial ana ysis of revenues and costs for the North Lake territory indicate a net annual surplus to the City of Fed ral Way in the amount of$7,543; and WHEREAS, the Federal ay City Council adopted its comprehensive plan with land use map (the "Plan") on November 21, 1995, nd adopted development regulations and a zoning map implementing the Plan on July 2, 1996; and subse uently amended the comprehensive plan, land use map, and zoning map on December 23,1998, Septemb r 14,2000, November 1,2001, March 27,2003, and July 20,2004; and WHEREAS, the July 20 2004 amendment included adoption of a Potential Annexation Area (P AA) Subarea Plan, which re laced Chapter 8, "Potential Annexation Areas," of the Federal Way Comprehensive Plan, and; and WHEREAS, Chapter 8, 'Potential Annexation Areas," of the Federal Way Comprehensive Plan establishes Comprehensive PIa designations and zoning classifications for property within the Potential Annexation Area; and ORD# 04-479 ,PAGEl OR! G~NAL WHEREAS, the North Lak area is within the City of Federal Way's Potential Annexation Area; and WHEREAS, portions of th North Lake area are regulated as shorelines of the State and those portions of the area will continue to be regulated under the King County Shoreline Management Master Program and Regulations until uch time as the City of Federal Way amends its Shoreline Master WHEREAS, the Growth anagement Act and the King County Countywide Planning Policies Program to include this area; and encourage transition of unincorp rated urban and urbanizing areas within Potential Annexation Areas from county governance to city g vernance; and WHEREAS, annexations a e exempt from the requirements of the state Environmental Policy Act; and WHEREAS, on May 18, 004 City Council passed Resolution 04-413 calling for annexation by election of the North Lake area; a d WHEREAS, on July 23, 2 04 the King County Boundary Review Board notified the City the North Lake annexation was considered pproved by the Board; and WHEREAS, on August 24 2004 City Council passed Resolution 04-422, setting an election date of November 2, 2004 for the North ake annexation; and WHEREAS, on Septembe 27 and October 27, 2004 the City held informational open houses for the North Lake annexation; and WHEREAS, the City pr vided public notice of the North Lake annexation pursuant to RCW Chapter 35A.14.070; and WHEREAS, on Novemb r 2, 2004 voters within the North Lake area voted on the question of annexation to the City of Feder Way and a majority of voters residing within the area voted in favor of annexation; and WHEREAS, on Novemb r 17, 2004 the King County Director of Elections certified the results of ORD # 04-479 , PAGE 2 the North Lake annexation WHEREAS, the City Coun il desires to establish an effective date of January 1,2005 for the North Lake annexation. Now, THEREFORE, the Ci Council of the City of Federal Way, Washington, does hereby ordain as follows: Section 1. Findings. A. The best interests and general welfare of the City of Federal Way and the annexing area would be served by the annexatio of certain contiguous unincorporated territory lying in the area east of existing City of Federal Way Ci Limits, south of S. 320th 81., west of Peasley Canyon Rd. S., and north B. Annexation of t e North Lake area would benefit the citizens of Federal Way by of Federal Way City limits, legally described in Exhibit "A" and of Highway 18 and existing Ci graphically depicted in Exhibit" " attached hereto and incorporated by reference as if fully set forth. transferring permitting and land e authority from King County to the City, thereby establishing a future land use pattern and transportatio network in the area more consistent with that of the entire City. C. City Department are ready to begin providing services within the North Lake annexation area. D. The City, in conj nction with the County is developing a Memorandum of Understanding to address annexation operational issues including permit processing and police transitional issues. E. The City has ta en and is in the process of taking the steps necessary to receive tax revenues generated within the orth Lake area, including notification of State and County offices and completion of an annexation cert ficate. F. Financial analys' ofrevenues and costs for the North Lake territory indicate a net annual surplus to the City of Federal W in the amount of$7,543. Section 2. Zoning. All property located within the territory to be annexed shall, simultaneous with the annexation, have impos d the City of Federal Way Comprehensive Plan designations and zoning ORD # 04-479 , PAGE 3 classifications, prepared under RC 35A.l4.330, and depicted in the Potential Annexation Area Chapter of the Federal Way Comprehensiv Plan, as adopted by ordinance number 04-460. Section 3. Annexation E ective Date. The North Lake annexation shall be effective on January 1, 2005, subject to successful c mp1etion of a Memorandum of Understanding related to police and permitting operational issues prior to January 1,2005. Section 4. Severability. The provisions of this ordinance are declared separate and severable. The invalidity of any clause, sent ce, paragraph, subdivision, section, or portion of this ordinance, or the invalidity of the application ther of 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. Section 5. Ratification. y act consistent with the authority and prior to the effective date of this ordinance is hereby ratified a d affirmed. Section 6. Effective Dat . This ordinance shall take effect and be in force five (5) days from and after its passage, approval, and plication, as provided by law. PASSED by the City Council of the City of Federal Way this December ,2004. 21st day of FEDERAL WAY (2// ~ì ApPROVED AS TO FORM: _. /~ß ~,¿~ CIty Attorney, Patricia A. Richa dson ORD # 04-479 , PAGE 4 FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE No: ORD# 04-479 , PAGE 5 12/7 /04 12/21/04 12/29/04 1/3/05 04-479 CITY OF FEDERAL WAY NORTH LAKE ANNEXATIO AREA LEGAL DESCRIPTION That portion of Sections 15, 16, 1, and 22, Township 21 North, Range 4 East, Willamette Meridian, situate in King Count, State of Washington, more particularly described as follows: Beginning at the intersection of t e Southerly margin of South 320th Street and the East line of the Northwest quarter of the Northw st quarter of said Section 15; Thence along portions of the Fe eral Way City Limits as annexed by Ordinance No. 94-220 the following described twenty four 24) courses: Thence Southerly along said Eas line to the Southeast comer of said subdivision; Thence Westerly along the Sout line of the Northwest quarter of the Northwest quarter of said Section 15 to the Northwesterly orner of Tract 8 of the unrecorded plat of Golden's North Lake Tracts, said Tract being describ in the Deed recorded under Recording Number 200l1107002457, records ofKi g County, Washington; Thence Southerly along the We erly line of Tracts 8 through 3, inclusive, of said unrecorded Plat to the line of ordinary high ater of North Lake, said Westerly line of Tracts 8 through 3 being described in Deeds recorded un er Recording Numbers 20011107002457, 20030326002l43, and 870625005l and as shown on ng County Short Plats recorded under Recording Numbers 8404190784 and 8507300584, r cords of King County, Washington; Thence Southwesterly, Southerl , and Southeasterly along said line of ordinary high water to the Northerly line ofthe plat ofLo se's North Lake Tracts as filed in Volume 40 of Plats, page 23, records of King County, W hington; Thence Southeasterly along sai Northerly line to the Northeasterly comer of Lot 5 of said Plat; Thence Southerly along the Eas erly line of said Lot 5 to the Northerly margin of South 337th Street; Thence Easterly along said No herly margin to the Northwesterly margin of 33rd Place South; Thence Northeasterly along sai Northwesterly margin to the Westerly extension of the Northerly line of Lot 27 of the unrecorde plat of Richard 's North Lake Acres, said Lot 27 being described in the Deed recorded under Recor ing Number 9811032369, records of King County, Washington; Thence Easterly along said We terly extension and the Northerly line of said Lot 27 to the EXH'br~ - PAGE 1 À OF.. 3 Northeasterly comer thereof, sai Lot 27 being described in said Deed recorded under Recording Number 9811032369; Thence Northeasterly along the esterly line of Lots 21, 22, and 23 of said unrecorded plat to the Northwesterly comer of said Lot 21, said Lots 21, 22, and 23 being also described in said Deed recorded under Recording Numb r 9811032369; Thence Easterly (South 88° 56' 1 "East) along the Northerly line of said Lot 21 also being the North line of the Northwest qua er of Section 22, Township 21 North, Range 4 East, Willamette Meridian, to a point 1319.91 fee from the North quarter comer of said Section 22; Thence North 01 °04' 58" East, a istance of 497.62 feet, to the North Line of Tract 117 of the unrecorded Plat of North Lake S ore Lands, said Tract 117 being described in Deed recorded under Recording Number 9605210333 records of King County, Washington; Thence South 87° 56' 28" East, long said North line, a distance of 8. f 7 feet; Thence North 02°03' 32" East, a ong the West line of Tract 89 of said unrecorded Plat of North Lake Shore Lands, a distance of 10.00 feet, to the South margin of the County Road, as conveyed to King County by Deed record under recording Number 2596483, known as Roy B. Misener county road (South 334th Street) said Tract 89 being described in said Deed recorded under Recording Number 9605210333 Thence South 87° 56' 28" East, long said South margin, a distance of 16.72 feet, to a point of curvature of said South margin; I Thence along said curve to the I ft, having a radius of 348.46 feet, through a central angle of 60° 00' 38", an arc length of 364.97 eet to the intersection with the East line of Tract 36 of said unrecorded Plat of North Lake hore Lands, said Tract 36 being described in said Deed recorded under Recording Number 9605 10333; Thence South 00° 58' 32" West long the East line of said Tract 36, a distance of 124.31 feet, to the southerly comer common to Tr cts 36 and 37, said Tract 36 and 37 being described in said Deed recorded under Recording Num er 9605210333; Thence North 87° 56' 28" West, along the South line of said Tract 37, a distance of 13.01 feet to the intersection with the Northwest rly extension of the line common to Tracts 92 and 93 of said unrecorded Plat of North Lake hore Lands, said Tract 92 and 93 being described in said Deed recorded under Recording Num er 96052l0333; Thence South 26° 55' 03" East long said extension and lot line, a distance of297.20 feet to the North line of Tract 117 of said nrecorded Plat of North Lake Shore Lands, said Tract 117 being described in said Deed recorde under Recording Number 9605210333; EXHIBrr- .A PAGE L OF.. .3 -'" Thence South 87°56' 28" East, al ng said North line, a distance of 130.00 feet, to the West line of Tract l16 of said unrecorded Pia of North Lake Shore Lands, said Tract l16 being described in said Deed recorded under Recor ing Number 9605210333; Thence North 01 °04' 58" East, al ng said West line, a distance 169.11 feet, to the Northwest comer of said Tract 116; Thence South 88° 59' 16" East al ng the North line of said Tract 116 and its Easterly extension, a distance of730.00 feet, to the ea t line of the Southwest quarter of Section 15, Township 21 North, Range 4 East, Willamette Merid' n; Thence South 01 °04' 58" West a ong said East line, a distance of657.12 feet to the Quarter comer common to Sections 15 and 22, ownship 21 North, Range 4 East, Willamette Meridian; Thence Southerly along the No -South centerline of said Section 22 to the Northerly margin of State Route 18, said point being he end of said twenty four (24) courses; Thence Northeasterly along the orthwesterly margin of State Route 18 to the intersection of the Westerly margin of South Peasl Canyon Road; Thence Northwesterly and West rly along said Westerly margin of South Peasley Canyon Road and its extension thereofto the S uth margin of South 320th Street; Thence Westerly along said Sou h margin of South 320th Street to the point of beginning. 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" ' '. "~.. ::¡-Ef;~'::;:~>. ~'. itÎÎJ~ ,3iZ:_~í~_tj~ ': :,{;',:':;~;~:~:~:>i , , City of Federal Way North Lake An nexation tllBìT B- .G E ---L.. J F.. Annexation Area Boundary Other Unincorporated Area II1II Incorporated Area Vicinity Map ¿\ N 250 500 ~ Feet Map Date: December, 2004 City of Federal Way, 33325 8th Ave S, Federal Way, WA 98003 (253) 835-7000 WNW .cityoffederalway, com Please Note: This map is intended for use as a graphical representation ONLY. The City of Federal Way makes no warranty as to its accuracy. A i=ëderal Way Ileirke/cd/paa/N lake,mxd