Ord 98-327
ORDINANCE NO. 98-327
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
FEDERAL WAY, WASHINGTON, APPROVING AND
AUTHORIZING THE CITY MANAGER TO EXECUTE A
DEVELOPMENT AGREEMENT WITH THE
WEYERHAEUSER COMPANY.
WHEREAS, RCW 35A14.010 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 (I 0%) in assessed valuation of the property proposed
for annexation, as certified by the City Clerk, filed a Notice ofIntention to Petition for Annexation
to the City of Federal Way approximately 19.88 acres of property ("Annexation Property")
contiguous to a northerly 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 its property; and
WHEREAS, on July 21, 1998, the City Council accepted the 10% Petition, authorized
the preparation of a Petition for Annexation, required adoption of a Comprehensive Plan and zoning
designation prior to or concurrent with the annexation, and required the assumption of a pro rata
proportion of existing City indebtedness by the area to be annexed; and
WHEREAS, the annexation action is exempt from all environmental review pursuant
to RCW 43.2IC.222; and
ORD # 98-327
,PAGE I
töIP~
WHEREAS, on August 21, 1998, Weyerhaeuser submitteda Petition for Annexation,
which has since been certified by the City Clerk, and which contains the signatures of the owners
of at least sixty (60%) of the assessed valuation of the property proposed for annexation; and
WHEREAS, during the course of the City's review of the Petition, Weyerhaeuser
requested that a development agreement be prepared pursuant to RCW 36.70B.170, to address
vesting of Weyerhaeuser' s anticipated development application prior to and pending final approval
of the annexation; and
WHEREAS, City staff negotiated a development agreement with Weyerhaeuser, and
a copy of that agreement is attached hereto as Exhibit A 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
development agreement requested by Weyerhaeuser; and
WHEREAS, on November 17, 1998, the City Council adopted Resolution No. 98-
280, declaring and giving notice of its intention to annex the subject property; and
WHEREAS, the City Council considered this Ordinance at its November 17, 1998
and December 1, 1998 meetings; and
WHEREAS, the City Council finds that it would promote the health, safety and
welfare of the citizens of Federal Way to: (I) approve and authorize the City Manager to execute a
development agreement between the City and the Weyerhaeuser Company; and (2) annex the .
Annexation Property
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
ORD # 98-1n
, PAGE 2
Section 1. Findings. The City Council hereby finds that:
A.
The proposed development agreement provides for the vesting of a Weyerhaeuser
development application to the City of Federal Way zoning regulations, rather than King County's
zoning regulations.
B. The proposed development agreement will not be detrimental to existing or potential
surrounding land uses as defined by the Comprehensive Plan, because any development will be
subject to existing Federal Way City Code provisions, including those concerning drainage,
landscaping, parking, traffic, height, noise, and future use. These provisions protect the existing and
potential surrounding land uses from any potential adverse impacts.
C. In light of the Findings in subsections I.A - I.B above, the proposed development
agreement bears a substantial relation to the public health, safety, and general welfare of the City.
Section 2. Conclusions of Law. Based on the Findings of Fact set forth in Section
I above, the development agreement is consistent with the criteria set forth in RCW 36.70B.170.
Section 3. Development Agreement. The City Council hereby authorizes the City
Manager to enter into the development agreement attached as Exhibit A hereto, and to take all
further and necessary action required by the development agreement.
Section 4. Severability. 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#
98-327
,PAGE 3
Section 5. Ratification. Any act consistent with the authority and prior to the
effective date of this ordinance is hereby ratified and affinned.
Section 6. Effective Date. This ordinance shall be effective thirty (30) days after
passage and publication as provided by law.
PASSED by the City Council of the City of Federal Way this 1st day of
np~pmhpr
,1998.
CITY OF FEDERAL WAY
fi du5
MAYOR, RON GINTZ
APPROVED AS TO FORM:
'---ffl ~-~~,h:
CITY ATTORNEY, LaNDI. LINDELL
FILED WITH THE CITY CLERK: 11/16/98
PASSED BY THE CITY COUNCIL: 12/1/98
PUBLISHED: 12/4/98
EFFECTIVE DATE: 1/3/99
ORDINANCE NO. 98-327
K:\CDlORDIN\DEVELAGR. WYS
ORD # 98-327
, PAGE 4
After recording, return to:
(c(Q)fPY
Federal Way City Attorney's Office
33530 1st Way S.
Federal Way, WA 98003
DEVELOPMENT AGREEMENT BETWEEN
CITY OF FEDERAL WAY AND WEYERHAEUSER CORPORATION
This Agreement, made and entered into this ill day of .IlEC.EMBE1l998, by and between the
Weyerhaeuser Corporation, a Washington corporation ("W eyerhaeuser"), and the City of Federal
Way, Washington, a municipal corporation ("City"), on the other (collectively "the parties").
RECITALS
A. Weyerhaeuser is the owner of certain undeveloped real property ("Weyerhaeuser
Property") located within King County but within the Potential Annexation Area of the City of
Federal Way. The Weyerhaeuser Property is located in the vicinity of SR 18 and is specifically
described in Exhibit "A" attached hereto and incorporated herein.
B. Weyerhaeuser has requested that the City of Federal Way annex the Weyerhaeuser
Property, and has submitted a petition requesting the same signed by the owners of more than
60% of the assessed value of the Property (60% Petition).
C. The City's willingness to accept the 60% Petition, and to submit a Notice of
Intention to Annex the Property to the Washington State Boundary Review Board for King
County, is conditioned upon limitations on density of development or redevelopment of the
Weyerhaeuser Property necessary to protect the public health, safety and welfare.
D. The City has authority under RCW 36.70B.170-.21O to enter into a development
agreement as part of a proposed annexation, to set development standards to govern development
and use of the property to be annexed.
NOW, THEREFORE, for and in consideration of the City's acceptance of the 60%
petition, the parties agree as follows:
1.
Implementation of Al!reement.
1.1. Timing of Annexation. Following execution of this Development Agreement,
adoption of Comprehensive Plan and zoning designations for the Weyerhaeuser Property, and the
City's acceptance of the 60% Petition, the City will submit to the Washington State Boundary
Review Board for King County ("BRB") a Notice ofIntent to Annex the Weyerhaeuser Property.
If BRB review is not invoked or, in the alternative, if BRB review is invoked but the BRB
approves the annexation, the City shall lawfully adopt an ordinance annexing the Weyerhaeuser
Property. The City may, in the alternative, upon approval of the 60% Petition, simultaneously
D""... , .A
-I'D Orclró3d-1
Development Agreement
City of Federal Way and Weyerhaeuser Corporation - SR 18 Property
Page 2
adopt an ordinance annexing the Property effective upon passage of forty-five (45) days or, if
BRB jurisdiction is invoked, issuance of a BRB decision approving the annexation.
1.2 Vesting. The City of Federal Way acknowledges that Weyerhaeuser would
have the right, prior to the effective date of annexation, to apply to King County for approval of
development on the Weyerhaeuser Property. The City of Federal Way and Weyerhaeuser agree
that, in lieu of but not in addition to making such application to King County, Weyerhaeuser may
apply to Federal Way, which shall process any such application according to the provisions of this
Agreement and the Federal Way City Code provisions in effect as of the date Federal Way deems
Weyerhaeuser's application complete. Federal Way shall be entitled to recover all costs incurred
in such processing. Federal Way's agreement in this Paragraph is subject to the written
concurrence of King County. In the event that Weyerhaeuser applies to the City of Federal Way
pursuant to this Paragraph, Weyerhaeuser waives and releases and agrees not to assert against the
City any and all vested rights it might otherwise have obtained under the King County Code,
including zoning and/or development regulations contained therein, had Weyerhaeuser applied to
King County prior to the effective date of annexation.
2.
General Provisions.
2.1. Binding on Successors; Covenant to Run With Land. This Agreement is intended
to protect the value of the Weyerhaeuser Property, as well as the public health, safety, and welfare
of the City of Federal Way, and the benefits and burdens inuring to the Weyerhaeuser Property
and to the City from this Agreement shall run with the land and shall be binding upon
Weyerhaeuser, and their heirs, successors, and assigns, and upon the City of Federal Way.
2.2. Governing Law. This Agreement shall be governed by and interpreted in
accordance with the laws of the State of Washington. Venue for any action to enforce the terms
of this Agreement shall be in King County Superior Court.
2.3
Recording. This Agreement shall be recorded against the Weyerhaeuser Property.
2.4. Severability. The provisions of this Agreement are separate and severable. The
invalidity of any clause, sentence, paragraph, subdivision, section, or portion or the invalidity of
the application thereof to any person or circumstance, shall not affect the validity of the remainder
of this Agreement, or the validity of its application to other persons or circumstances.
2.5 Authority. The City and Weyerhaeuser each represent and warrant to the other
that it has the respective power and authority, and is duly authorized to execute and deliver this
Agreement. Weyerhaeuser represents and warrants that it is the fee owner or contract purchaser
and has authority to agree to the covenants contained herein.
EXHIBIT . ~ -h
Oß} -H 98-3d7
Development Agreement
City of Federal Way and Weyerhaeuser Corporation - SR 18 Property
Page 3
2.6 Term of Agreement. This Agreement shall remain in full force and effect unless
amended or terminated by the mutual agreement of the parties.
2.7 Amendment. This Agreement may be modified only by a written instrument duly
executed by all parties; provided, however, notwithstanding any provisions of this Agreement to
the contrary, the City of Federal Way may, without the agreement of W eyerhaeuser, adopt and
impose upon Weyerhaeuser Property restrictions and development regulations different than those
set forth herein, if required by a serious threat to public health and safety.
2.8 Exhibits A and B attached hereto are incorporated herein by this reference as if
fully set forth.
2.9 Headings. The headings in this Agreement are inserted for reference only and
shall not be construed to expand, limit or otherwise modify the terms and conditions of this
Agreement.
2.10 Integration. This Agreement and its exhibits represent the entire agreement of the
parties with respect to the subject matter hereof. There are no other agreements, oral or written,
except as expressly set forth herein.
2.11 Indemnification. Weyerhaeuser agrees to defend, indemnify, and hold harmless
the City and all of its elected and appointed officials, and its employees and agents, from all
liability, claims, appeals, and costs, including the costs of defense of any claim or appeal, arising
in connection with the annexation of the Weyerhaeuser Property and/or this Agreement, except
to the extent any liability, claim, appeal or cost results from the sole negligence of the City or its
officers, agents, or employees in performance of this Agreement.
2.12 Enforcement. In the event Weyerhaeuser fails to satisfy any of their obligations
under this Agreement, the City shall have the right to enforce this Agreement at both law and
equity, including but not limited to enforcing this Agreement under the enforcement provisions
of the Federal Way City Code in effect at the time of any breach. Damages are not an adequate
remedy for breach. In addition, Weyerhaeuser's failure to satisfy any of their obligations in this
Agreement shall constitute a breach of contract and shall be grounds for termination of this
Agreement by the City.
2.13 Police Power. Nothing in this Agreement shall be construed to diminish, restrict
or limit the police powers of the City granted by the Washington State Constitution or by general
law. This Agreement is an exercise of the City's police powers and the authority granted under
RCW 35A.14.330, RCW 36.70B.170-.21O, and RCW 39.34.
EXIf!BIT IJ -k Orri fll. 3')..-7
Development Agreement
City of Federal Way and Weyerhaeuser Corporation - SR 18 Property
Page 4
2.14 Effective Date. This Agreement shall be effective on the effective date of the
City's Ordinance approving this Agreement, and the execution of this Agreement by duly
authorized representatives of each party.
IN WITNESS WHEREOF the parties have hereunto placed their hand and seals on the day
and year indicated.
CITY OF FEDERAL WAY
Kenneth E. Nyberg, City Manager
Date:
Approved as to Form
for City of Federal Way
~'6C'~Ý07:
City Attorney, Londl K. Lm ell
ATTEST: This - day of
,1998.
N. Christine Green, CMC
Federal Way City Clerk
WEYERHAEUSER CORPORA nON
By:
Its:
Date:
EXHIBIT A. +6 oci q¿:3XI
Development Agreement
City of Federal Way and Weyerhaeuser Corporation - SR 18 Property
Page 5
Approved as to form for Weyerhaeuser Corporation
K,\Cdlq",d'g,2.115
EXHIBIT /!J -b órd qg. 311--1
ANNEXATION DESCRIPTION
QUADRANT RES SOUTH
(
THAT PORTION OF GOVERNMENT LOT 4, SECTION 15, TOWNSHIP 21 NORTH,
RANGE 4 EAST, WILLAMETIE MERIDIAN, IN KING COUNTY, WASHINGTON,
SAID PORTION OF LOT 4 BEING FURTHER DESCRIBED AS BEING TRACTS 90, 91,
92 AND 116, TOGETHER WITH PORTIONS OF TRACTS 36,37,89 AND 117 ALL IN
¡NORTH LAKE SHORE LANDS ACCORDING TO THE UNRECORDED PLAT
THEREOF AND ALSO INCLUDING ABUTIING ROAD RIGHTS-OF-WAY DECRIBED
AS FOLLOWS:
\
BEGINNING AT THE SOUTH QUARTER CORNER OF SAID SECTION;
THENCE NORTH 88° 56' 13" WEST ALONG THE SOUTH LINE OF SAID SECTION 15,
A DISTANCE OF 1319.91 FEET;
THENCE NORTH 01° 04' 58" EAST, A DISTANCE OF 497.62 FEET, TO THE NORTH
LINE OF SAID TRACT 117;
THENCE SOUTH 87° 56' 28" EAST, ALONG THE SAID NORTH LINE, A DISTANCE
OF 8.17 FEET;
THENCE NORTH 02° 03' 32" EAST, ALONG THE WEST LINE SAID TRACT 89, A
DISTANCE OF 210.00 FEET, TO THE SOUTH MARGIN OF THE COUNTY ROAD, AS
CONVEYED TO KING COUNTY BY DEED RECORDED UNDER RECORDING
NUMBER 2596483, KNOWN AS ROY B. MISENER COUNTY ROAD;
(
THENCE SOUTH 87° 56' 28"EAST, ALONG SAID SOUTH MARGIN, A DISTANCE OF
16.72 FEET, TO A POINT OF CURVATURE OF SAID SOUTH MARGIN;
THENCE ALONG SAID CURVE TO THE LEFT, HAVING A RADIUS OF 348.46 FEET,
THROUGH A CENTRAL ANGLE OF 60" 00' 38", AN ARC LENGTH OF 364.97 FEET TO
THE INTERSECTION WITH THE EAST LINE OF A SAID P ARCEI-- OF LAND, ALSO
KNOWN AS SAID TRACT 36;
THENCE SOUTH 00° 58' 32" WEST, A DISTANCEOF 124.31 FEET, TO THE SOUTH
LINE SAID TRACT 36 TO THE SOUTHERLY CORNER COMMON TO TRACTS 36
AND 37;
THENCE NORTH 87° 56' 28" WEST, ALONG THE SOUTH LINE OF SAID TRACT 37, A
DIST ANCE OF 13.01 FEET TO THE INTERSECTION WITH THE NORTHWESTERLY
EXTENSION OF THE LINE COMMON TO TRACTS 92 AND 93;
THENCE SOUTH 26° 55' 03" EAST ALONG SAID EXTENSION AND LOT LINE, A
EXHIBIT 4 +v tkl¿~.:l'
PAGE_I--OF Z.
(
DISTANCE OF 297.20 FEET TO THE NORTH LINE OF TRACT 117;
THENCE SOUTH 87° 56' 28" EAST, ALONG LAST SAID NORTH LINE, A DISTANCE
OF 130.00 FEET, TO THE WEST LINE OF SAID TRACT 116;
THENCE NORTH 01 ° 04' 58" EAST, ALONG LAST SAID WEST LINE, A DISTANCE
OF .
169.11 FEET, TO THE NORTH LINE OF SAID TRACT 116;
THENCE SOUTH 880 59' 16" EAST, ALONG LAST SAID NORTH LINE AND ITS
EASTERLY EXTENSION, A DISTANCE OF 730.00 FEET, TO THE EAST LINE OF
SAID GO~RNMENT LOT 4;
THENCE SOUTH 01° 04' 58" WEST ALONG SAID EAST LINE, A DISTANCE OF 657.12
FEET, TO THE POINT OF BEGINNING.
DESCRIPTION BY W&H PACIFIC, INC.
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DATE
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