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Res 07-492 RESOLUTION NO. 07-4QJ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, CALLING FOR THE ANNEXATION, BY ELECTION, OF THE CITY'S ENTIRE POTENTIAL ANNEXATION AREA TO THE CITY OF FEDERAL WAY, CONSISTING OF UNINCORPORATED TERRITORY LYING IN AN AREA GENERALLY EAST OF EXISTING CITY OF FEDERAL WAY CITY LIMITS, SOUTH OF S. 272nd STREET, WEST OF 55TH AVENUE S. AND 51sT AVENUE S. AND NORTH OF S. 321 ST STREET AND EXISTING CITY LIMITS AND INCUDING PEASLEY CANYON ROAD S. BETWEEN S. 321 ST STREET AND PEASLEY CANYON WAY S. AND INCLUDING UNINCORPORATED TERRITORY SOUTH OF HIGHWAY 18, THEN FOLLOWING THE CITY'S EASTERLY POTENTIAL ANNEXATION AREA BOUNDARY, THEN FOLLOWING THE CITY'S SOUTHERLY POTENTIAL ANNEXATION AREA BOUNDARY AND INCLUDING A PORTION OF THE STONE CREEK SUBDIVISION AND THEN MEETING THE CITY'S EXISTING EASTERLY BOUNDARY 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 the city's entire Potential Annexation Area (PAA) consisting of unincorporated territory lying in an area generally East of existing city limits, South of S. 272nd Street, West of 53rd Avenue S. and 51st Avenue S. and North of S. 321 st Street and existing city limits and including Peasley Canyon Road S. between S. 321 st Street and Peasley Canyon Way S. and including unincorporated territory south of Highway 18, then following the city's easterly PAA boundary, then following the city's southerly P AA boundary and including a portion of the Stone Creek subdivision and then meeting the city's existing easterly boundary as legally described in Exhibit "A" and depicted in Exhibit "B" attached hereto and incorporated by reference as if fully set forth; and Res. ~age 1 WHEREAS, the Growth Management Act and the King County Countywide Planning Policies encourage transition of unincorporated urban and urbanizing areas within the P AA from county governance to city governance; and WHEREAS, financial analysis of revenues and costs for the annexation area indicate a net annual operating deficit to the city of approximately 3 million dollars, but financial incentives offered by Washington State and King County are projected to cover the operating deficit in the 10 years following annexation; and WHEREAS, the annexation area is within the City of Federal Way's PAA; and WHEREAS, the City Council has adopted the Federal Way Potential Annexation Area Subarea Plan, as a component 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 WHEREAS, the City Council Land Use/Transportation Committee considered the proposed annexation at their meeting.ofMay 1,2006, May 15,2006 and at the meeting of July 17, 2006 recommended to City Council to proceed forward with the annexation process; 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 annexing the city's entire Potential Annexation Area (P AA) consisting of unincorporated territory lying in an area generally East of existing city limits, South of S. 272nd Street, West of 53rd Avenue S. and 51 st Avenue S. and North ofS. 321 st Street and existing city limits and including Peasley Canyon Road S. between s. 321 st Street and Peasley Canyon Way and including unincorporated territory south of Highway 18, then Res. #()7.t/~PPage 2 following the city's easterly PAA boundary, then following the city's southerly PAA boundary and including a portion of the Stone Creek subdivision and then meeting the city's existing easterly boundary as legally described in Exhibit "A" and depicted in Exhibit "B" 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 10,406. Section 3. Population. Population of the annexation area has been estimated based on 2000 census data with updates based on King County Assessor's data. The estimated population for the proposed annexation is 20,152. Section 4. 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 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 Comprehensive Plan. Section 6. Cost of Election. The cost of said annexation election shall be paid by the City of Federal Way and King County jointly. 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. Minor Boundary Corrections. If after submittal of the Notice of Intention (NOI) the Boundary Review Board does not accept the NOI and requires elimination of individual lots Res. #01-i/1J-Page 3 or makes other minor modifications to the proposed annexation boundary, it shall not be necessary to pass another initiating resolution to proceed forward with the modified annexation boundary. Section 10. 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 11. Ratification. Any act consistent with the authority, and prior to the effective date, of the resolution is hereby ratified and affirmed. Section 12. Effective Date. This resolution shall be effective immediately upon passageby the Federal Way City Council. Res. tIO"lA'1J-Page 4 RESOLYED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, this /)./)+L day of ~() . 2007. ~: ~~ ty Clerk, Laura~, CMC APPROYED AS TO FORM: ~~k.~ City Attorney, Patricia A. Richardson FILED WITH THE CITY CLERK: 4, ~/ iJ7 . PASSED BY THE CITY COUNCIL: 0/ 0Je>~7 RESOLUTION No: 1)7 - Lfq:J.. Res. #~age 5 CITY OF FEDERAL WAY ~~ Mayor, Michael ark City of Federal Way Proposed East Federal Way Annexation Area Legal Description February 2007 Those portions of Sections 3,.4, 9, 10,.14, 15,21,22,23,26, 27, 28, 33, and 34, Township 21 North, Range 4 East, and Sections 33,34, and 35, Township 22 North, Range 4 East, Willamette Meridian in King County, Washington described as follows: Commencing at a point 580 feet, more of less, westerly of and 50 feet southerly of the Northeast corner of the Northeast quarter of said Section 33, said point also being on the City of Kent City Limits, as annexed under Kent City Ordinance No. 3351, said point also identified as the southern right-of-way margin of South 272nd Street and easterly Limited Access Line of SR-5; Thence in an easterly direction along said southern right-of-way margin of South 272nd Street to an intersection with the southerly right-of-way margin of South 272nd Way; Thence in a southeasterly direction along said southerly margin of South 272nd Way to an intersection with the northerly extension of the east right-of-way margin of 55th Avenue South (aka Harry A. Abel Road, County Road #2515); Thence in a southerly and southwesterly direction along said east margin of 55th Avenue South to an intersection with the east line of the west half of the west half of said Section 35; Thence in a southerly direction along said east line to an intersection with the north line of the south half of the southwest quarter of the southwest quarter Section 35, Township 22 North, Range 4 East; Thence in a westerly direction along said north line to the west right-of-way margin of 55th Avenue South; Thence in a southerly direction along said west margin of 55th Avenue South to an intersection with the north right-of-way margin of South 288th Street; Thence in a westerly direction along said north margin to an intersection with the northerly extension of the westerly right-of-way margin of 51 st Avenue South; Thence in a southerly direction along said northerly extension, the west margin of said 51 st Avenue South, and the southerly extension thereof to an intersection with the south right-of-way margin of South 304th Street; Page 1 EXHIBIT A J1' PAGE / OF 5 R cSt) Thence in an easterly direction, 12.00 feet, more or less, along said south margin of South 304th Street to the west right-of-way margin of 51 st Avenue South; Thence in a southerly direction along said west margin of 51 st Avenue South a distance of 250 feet; Thence in an easterly direction perpendicular to said west margin of 51 st Avenue South to the .east right-of-way margin of 51 st Avenue South; Thence in a southerly direction along said east margin of 51 st Avenue South to an intersection with the southeasterly right-of-way margin of South 321 st Street; Thence in a southwesterly and westerly direction along the southeasterly and the south margin of said South 321 st Street to an intersection with the easterly right- of-way margin of South Peasley Canyon Road; Thence in a southeasterly direction along said easterly margin to an intersection with the northerly right-of-way margin of State Route 18 (P.S.H.No. 2); Thence in an easterly direction along said northerly margin to an intersection with the east line of said Section 15; Thence in a southerly direction along said east line to the southerly right-of-way margin of relocated Peasley Canyon Road as described in Governor's Deed as Parcel II, recorded under King County Recording Number 7308300450; Thence in an easterly direction along said southerly margin to an intersection with the east line of the west half of the west half of said Section 14; Thence in a southerly direction along said east line to an intersection with the north right-of-way margin of South 336th Street; Thence in an easterly direction along said north margin to an intersection with the City Limits of Auburn as annexed under Auburn City Ordinance No. 2543; Thence in a southerly and easterly direction along said City Limits to an intersection with the City Limits of Algona as annexed under Algona City Ordinance No. 630; Thence in a southerly direction along said City Limits to an intersection with the south line of Lot 16, of Block 39, in the Plat of Jovita Heights, recorded in Volume 20 of Plats, Page 12, records of King County, Washington; Thence in an easterly direction along said south line to an intersection with the westerly right-of-way margin of 59th Avenue South; Page 2 EXHIBIT A .T7' (CGi-$i> PAGE 2- OF 5 Thence in a southerly direction along said westerly margin of 59th Avenue South to the Northeast corner of Lot 6 of Block 83, in said Plat of Jovita Heights; Thence in a westerly direction along the north line of said Lot 6, a distance of 100 feet, more or less, to an intersection with a line parallel to and 100 feet west of the westerly right-of-way margin of 59th Avenue South; Thence in a southerly direction along said parallel line, a distance of 225 feet, more or less, to an intersection with the south line of Lot 8 of said Block 83; Thence in an easterly direction along said south line to an intersection with the westerly right-of-way margin of 59th Avenue South; Thence in a southerly direction along said westerly margin of 59th Avenue South to an intersection with the City Limits of Algona as annexed under Algona City Ordinance No. 760; Thence in a westerly direction along said City Limits to the Northwest corner of that portion as annexed under Algona City Ordinance No. 760; Thence continuing westerly along the centerline of South 360th Street as vacated by Vacation Ordinance 5588 to the northerly extension of the easterly right-of- way margin of 57th Avenue South; Thence in a southerly direction along said northerly extension and along the easterly margin of 57th Avenue South to the easterly extension of the south right- of-way margin of South 360th Street; Thence in a westerly direction along said easterly extension and along said south margin of South 360th Street to the easterly right-of-way margin of 55th Place South; Thence in a westerly direction to the southeasterly corner of Lot 30 of Block 86, in said Plat of Jovita Heights; Thence in a nqrthwesterly direction along thesout~erly line of said Lot 30 to the southwesterly corner of said Lot 30, said corner being on the line common to Lots 25 through 30 and 8 through 13 of Block 86, in said Plat of Jovita Heights; Thence in a southwesterly direction along said common line to the southeasterly corner of Lot 13 of Block 86, in said Plat of Jovita Heights; Thence in a northwesterly direction along the southerly line of said Lot 13 to the southeasterly right-of-way margin of 54th Place South; Thence in a southwesterly and southeasterly direction along the southeasterly Page 3 EXHIBIT A -n {2{3:5d PAGE '.3 OF 5 and northeasterly margin of 54th Place South to the easterly extension of the south right-of-way margin of South 360th Street; Thence in a westerly direction along said easterly extension and along said south margin of South 360th Street to an intersection with the easterly right-of-way margin of 51 st Avenue South; Thence in a southerly direction along said east margin to an intersection with the easterly extension of the southerly right-of-way margin of South 360th Street; Thence in a westerly direction along said easterly extension and the south margin thereof to an intersection with the easterly right-of-way margin of Military Road South; Thence in a southwesterly direction along said easterly margin to an intersection with the north line of the south half of said Section 34,Township 21 North, Range 4 East; Thence ina westerly direction along said north line and along the north line of the south half of said Section 33, Township 21 North, Range 4 East, to an intersection with the southwesterly right-of-way margin of Enchanted Parkway South (SR-161); Thence in a northwesterly direction along said southwesterly margin of Enchanted Parkway South (SR-161) to the northeasterly corner of Lot 14 of the Plat of Stone Creek recorded in Volume 211 of Plats, Page 93 thru 98, records of King County, Washington; Thence in a southwesterly direction along the northwesterly line of said lot 14 to the northeasterly right-of-way margin of 27th Place South;. Thence in a southeasterly direction along said northeasterly margin of 27th Place South to the north line of the south half of said Section 33; Thence in a westerly direction along said north line to the southwesterly right-of- way margin of 27th Place South; Thence in a northwesterly direction along said southwesterly margin of 27th Place South to the northeasterly corner of Lot 3 of said plat of Stone Creek; Thence in a westerly direction along the northerly line of said lot 3 to the northwesterly corner of said Lot; Thence in a southeasterly direction along the westerly line of said Lot 3 to the north line of the south half of said Section 33; Page 4 EXHIBIT A p fZF;:5& PAGE L( OF 5 Thence in a westerly direction along said north line to the City Limits of Federal Way as annexed under Federal Way City Ordinance No. 04-480; Thence in a northerly and northwesterly direction along said City Limits to an intersection with the City Limits of Federal Way as annexed under Federal Way City Ordinance No. 98-311 ; Thence in a northwesterly direction along said City Limits to an intersection with the City Limits of Federal Way as annexed under King County Ordinance No. 8779; Thence in a northeasterly direction along said City Limits to an intersection with the City Limits of Federal Way as annexed under Federal Way City Ordinance No. 94-220; Thence in an easterly, southeasterly, and northeasterly direction along said City Limits to an intersection with the City Limits of Federal Way as annexed under Federal Way City Ordinance No. 04-479; Thence in a northeasterly, northwesterly, and westerly direction along said City Limits to an intersection with the City Limits of Federal Way as annexed under Federal Way City Ordinance No. 94-220; Thence in a northerly and westerly direction along said City Limits to an intersection with the City Limits of Federal Way as annexed under Federal Way City Ordinance No. 98-332; Thence in a northerly, easterly, northerly, and westerly direction along said City Limits to an intersection with the City Limits of Federal Way as annexed under Federal Way City Ordinance No. 99-358; Thence in a northerly and southwesterly direction along said City Limits to an intersection with said City Limits of Federal Way as annexed under Federal Way City Ordinance No. 98-332; Thence in a southwesterly, southerly, westerly, southerly, and westerly direction along said City Limits to an intersection with the City Limits of Federal Way as annexed under King County Ordinance No. 8779; Thence in a northerly direction along said City Limits to the point of beginning. 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(~) V(t 11 l' ,~.V/= >.: ~ rot"- ~r!, ,J 'If 2 ~ ~. ~ ~ ~~~Jf/r~' i 4- ; I~ ~. ,~\ ti.,~~(1 ~ n }4,..,r \ b...~ -(" ~. ~ ,\, t:J- ~ ~}~f[( ~~I ~? :~~i: ~~~;~,~~~~~ .t'~, ~~~ .~ '1flli1:::;~ . _ -',1:"-;1)1 City of Federal Way East Federal Way Annexation Legend o East Federal Way Annexation Area C!SJ Unincorporated King County D Incorporated Area This map is intended for use as a graphical representation only. The City of Federal Way makes no warranty as to its accuracy. Map Dale: January 2007 City of Federal Way GIS Division 33325 8th Ave S. P.O.Box 9718 Federal Way, WA. 98063 Phone: 253 -8.35-7000 Web: www.cityoffederalway.com o 1.250 2,500 - l~ N 5,000 -Feet l\erikelcd\paa\2006\Area.mxd Vicinity Map ~l:?'r. =6. v.'~'.l ~f.1, l~I.~lnt.:. :::. -\~1~! 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