Ord 98-332
ORDINANCE NO. 98-..ng
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
FEDERAL WAY, WASHINGTON, ANNEXING APPROXIMATELY
25.7 ACRES LOCATED BETWEEN SOUTH 320TH STREET,
INTERSTATE 5, MILITARY ROAD, AND SOUTH 316TH STREET.
WHEREAS, RCW 35A.14.010 authorizes the City of Federal Way to annex any
portion of a county not incorporated as part of a city or town but lying contiguous to the City of
Federal Way; and
WHEREAS, on May 27,1998, pursuant to RCW 35A.14.120, the Weyerhaeuser
Company, as owner of not less than ten percent (10%) in assessed valuation of the property
proposed for annexation, as certified by the City Clerk, filed a Notice of Intention to Petition for
Annexation to the City of Federal Way approximately 25.7 acres of property contiguous to the north
boundary of the City of Federal Way; and
WHEREAS, Weyerhaeuser had already requested, on January 26, 1998, that a
Comprehensive Plan and zoning designation be applied to the property; and
WHEREAS, the Federal Way Fire District is the owner of property adjacent to the
property Weyerhaeuser seeks to have annexed by the City; and
WHEREAS, the City Council determined to add the Fire District property to the
annexation area, and
WHEREAS, on July 21, 1998, the City Council accepted the 10% Petition,
authorized the preparation of a Petition for Annexation as modified by addition of the Fire District
Property, required adoption of a Comprehensive Plan and zoning designation prior to or concurrent
ORD # 98-332, PAGE 1
I
tö~Y:
with the annexation, required the assumption of a pro rata proportion of existing City indebtedness
by the area to be annexed, and required preparation of a development agreement pursuant to RCW
36 70B.170; and
WHEREAS, the annexation action is exempt from all environmental review pursuant
to RCW 43.21C222; and
WHEREAS, on August 21, 1998, Weyerhaeuser submitted a Petition for Annexation,
which the City Clerk has certified as containing the signatures of the owners of at least sixty (60%)
of the assessed valuation of the property proposed for annexation; and
WHEREAS, the area sought to be annexed ("Annexed Property") is legally described
in Exhibit A and depicted in Exhibit B, both of which are attached hereto and incorporated herein
by reference; and
WHEREAS, on November 17, 1998, the City Council held a public hearing, after
public notice as required by law, on the proposed annexation of the subject property, and on the
proposed development agreement between the City, Weyerhaeuser, and the Fire District; and
WHEREAS, on November 17,1998, the City Council adopted Resolution No. 98-
279, declaring and giving notice of its intention to annex the subject property; and
WHEREAS, on December 15, 1998, the City Council, by Ordinance No. 98-;!¿L
approved and authorized the City Manager to enter into a development agreement with the
Weyerhaeuser Company and the Federal Way Fire District; and
WHEREAS, the City Council considered the annexation at its meetings on November
17, December 1, and December 15,1998, and finds that annexation of the subject property would
promote the health, safety and welfare of the citizens of Federal Way;
ORD # 98-332, PAGE 2
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
Section I Annexation. The City of Federal Way hereby annexes approximately 25.7
acres located between Interstate 5, Military Road, South 320th Street, and South 316th Street, as
legally described and depicted in Exhibits A and B attached hereto and incorporated by this
reference. The Annexed Property shall become a part of the City of Federal Way, Washington, as
of the effective date of this Ordinance, subject to laws and ordinances, regulations and plans of the
City, as they now exist or may hereafter be amended or adopted.
Section 2. Indebtedness. The Annexed Property shall assume its pro rata share of
existing City indebtedness, and shall be assessed and taxed at the same rate and on the same basis
as other property within the City to pay for any and all outstanding indebtedness of the City
approved by the voters, contracted for or incurred prior to or existing as of the effective date of this
Ordinance.
Section 3. Filing. The City Manager and/or his designee is directed to file forthwith
a copy of this Ordinance, duly certified as a true and correct copy, with the County Council of King
County, pursuant to RCW 35A.14.140.
Section 4 Severabili1y. The provisions of this ordinance are declared separate and
severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this
ordinance or the invalidity of the application thereof 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.
ORD # 98-332, PAGE 3
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Section 5 Ratification. Any act consistent with the authority and prior to the
effective date of this ordinance is hereby ratified and affirmed.
Section 6. Effective Date. This ordinance shall take effect and be in force 45 days
after the date on which the Notice of Intention to Annex is filed with the Washington State
Boundary Review Board ("BRB")for King County pursuant to Resolution No. 98-279, if no person
or entity invokes the jurisdiction of the BRB, or on the effective date of BRB approval of the
annexation if BRB jurisdiction is invoked.
PASSED by the City Council of the City of Federal Way this 15th day of
DprpmhPT
.1998.
CIT~DERAL WAY
ø~
MÁYOR, RON TZ
APPROVED AS TO FORM:
-~~.~)~s
CITY ATTORNEY, LaNDI K. tINDELL
FILED WITH THE CITY CLERK: 11/16/98
PASSED BY THE CITY COUNCIL: 12/15/98
PUBLISHED: 12/18/98
EFFECTIVE DATE: 1/9/99
ORDINANCE NO. 98-332
K:\CDlORDINIANNEXWEYH
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ANNEXATION DESCRIPTION
QUADRANT RES NORTH
PARCEL A: .
TRACTS 1 THROUGH 7, AND THAT PORTION OF TRACT 18 LYING SOUTH OF THE
BONNEVILLE POWER ADMINISTRATION RIGHT-OF-WAY, AS ESTABLISHED BY
EASEMENT RECORDED UNDER RECORDING NUMBER 3347081, MIDWAY
SUBURBAN TRACTS, ACCORDING TO THE PLAT THEREOF, RECORDED IN
VOLUME 38 OF PLATS, PAGE 40, IN KING COUNTY, WASHINGTON;
EXCEPT THAT PORTION OF TRACTS 1 AND 2 CONVEYED TO THE STATE OF
WASHINGTON BY DEED RECORDED UNDER RECORDING NUMBER 4998517; AND
EXCEPT THE SOUTH 40 FEET OF TRACT 3 CONVEYED TO THE STATE OF
WASHINGTON BY DEED RECORDED UNDER RECORDING NUMBER 4998539; AND
EXCEPT THE SOUTH 40 FEET OF TRACT 4, AS CONDEMNED UNDER KING
COUNTY SUPERIOR COURT CAUSE NUMBER 534586; AND
EXCEPT THE SOUTH 40 FEET OF THE WEST 100 FEET OF TRACT 5 CONVEYED TO
THE ST ATE OF WASHINGTON BY DEED RECORDED UNDER RECORDING
NUMBER
4998520.
PARCEL B:
ALL THAT PORTION OF THE SOUTH 320TH STREET RIGHT-OF-WAY IN SECTIONS
9,10,15 AND 16, TOWNSHIP 21 NORTH, RANGE 4 EAST W.M., KING COUNTY
WASHINGTON, DESCRIBED AS FOLLOWS;
THAT PORTION OF THE SOUTH 320TH STREET RIGHT-OF-WAY LYING EAST OF
AND ADJOING TO THE CURRENT EAST BOUNDARY OF THE CITY OF FEDERAL
WAY AND WEST OF THE FOLLOWING DESCRIBED LINE;
BEGINNING AT THE INTERSECTION OF THE EAST LINE OF THE NORTHWEST
QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 15 WITH THE
SOUTH LINE OF THE 320 TH STREET RIGHT -OF- WAY, SAID INTERSECTION BEING
FURTHER DESCRIBED AS LYING ON THE CURRENT BOUNDARY OF THE CITY
OF FEDERAL WAY;
THENCE NORTHERLY ALONG THE SAID EAST LINE TO THE SOUTHWEST
CORNER OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF
SAID SECTION 10;
IJlf
EXHIBIT..
THENCE NORTHERLY ALONG THE WEST LINE OF SAID SOUTHEAST QUARTER
TO A TERMINUS AT THE NORTH MARGIN OF THE 320TH STREET RIGHT-OF-WAY,
SAID TERMINUS BEING FURTHER DESCRIBED AS BEING ON THE SOUTH LINE
OF TRACT 7, MIDWAY SUBURBAN TRACTS ACCORDING TO THE PLAT THEREOF
RECORDED IN VOLUME 38 OF PLATS, ON PAGE 40, RECORDS OF KING COUNTY
WASHINGTON,
DESCRJPTION BY W&H PACIFIC, INC,
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FEDERALIWAY CITY !LIMITS
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To the City of
Federal Way
Parcel & Vicinity
Map
Legend:
Federal Way City LimilS
Annexation Area Boundary
L_J Annexallon Area
0 City 01 Federal Way
Vicinity Map
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