Ord 98-328
ORDINANCE NO. 98--E..8
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
FEDERAL WAY, WASHINGTON, ANNEXING APPROXIMATELY
19.88 ACRES GENERALLY LYING SOUTHEAST OF NORTH
LAKE, NORTH OF SR - 18, AND BETWEEN SOUTH 334TH STREET
AND SOUTH 336TH STREET AT THE SOUTHERN TERMINUS OF
38TH A VENUE SOUTH.
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 19.88 acres of 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 the 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 conCUITent with the annexation, and required the property to be
annexed to assume its pro rata portion of existing City indebtedness; and
WHEREAS, the annexation action is exempt from all environmental review pursuant
to RCW 43.2IC.222; and
ORD #~ PAGE I
ORIGINAL
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.I4.l40.
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.
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 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. 98-280, 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.
ORD#~PAGE3
WHEREAS, on August 21, 1998, Weyerhaeuser submitted a Petition for Annexation
("60% Petition"), which has been certified by the City Clerk 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 property sought to be annexed ("Annexed Property") is legally
described in Exhibit A and depicted on 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 a
proposed development agreement between the City and 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, on December 1, 1998, the City Council, by Ordinance No. 98-...lZL, approved
and authorized the City Manager to enter into a development agreement with the Weyerhaeuser
Company; and
WHEREAS, the City Council finds that it would promote the health, safety and welfare of
the citizens of Federal Way to annex the subject property;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASIDNGTON, DOES HEREBY ORDAIN AS FOLLOWS:
Section 1 Annexation. The City of Federal Way hereby annexes approximately -
19.88 acres generally lying southeast of North Lake, north of SR 18, and between South 334'" Street
and South 336'" Street at the southern tenninus of 38'" Avenue South, as legally described and
depicted in Exhibits A and B. The Annexed Property shall become a part of the City of Federal
ORD # 98-321, PAGE 2
(
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PASSED by the City Council of the City of Federal Way this 1st day of
December
,1998.
CITY OF FEDERAL WAY
Mk5
MAYOR, RON GINTZ
~:~~~
C CLERK, N. CHRISTINE GREEN, CMC
APPROVED AS TO FORM:
~~~
CITY ATTORNEY, LaNDI K. LINDELL
FILED WITH THE CITY CLERK: 12/1/98
PASSED BY THE CITY COUNCIL: 12/1/98
PUBLISHED: 12/4/98
EFFECTIVE DATE: 1115199
ORDINANCE NO. 98-328
K:\CmORDIN\ANNEXWEYS
ORD#~PAGE4
ANNEXATION DESCRIPTION
QUADRANT RES SOUTH
THAT PORTION OF GOVERNMENT LOT 4, SECTION 15, TOWNSHIP 21 NORTH,
RANGE 4 EAST, WILLAMETTE 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 ÌN '
¡NORTH LAKE SHORE LANDS ACCORDING TO THE UNRECORDED PLAT
THEREOF AND ALSO INCLUDING ABUTTING 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 PARCEL 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
DISTANCE OF 13.0! FEET TO THE INTERSECTION WITH THE NORTHWESTERL Y
EXTENSION OF THE LINE COMMON TO TRACTS 92 AND 93;
THENCE SOUTH 26° 55' 03" EAST ALONG SAID EXTENSION AND LOT LINE, A
EXillB IT
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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 88° 59' 16" EAST, ALONG LAST SAID NORTH LINE AND ITS
EASTERLY EXTENSION, A DISTANCE OF 730.00 FEET, TO THE EAST LINE OF
SAID GOv'J¡: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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FEDERAL WAY CITY LIMITS
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Residential
South
Annexation
To the City of
Federal Way
Parcel Map
Legend:
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Federal Way C;iy Urn;l.
Annexal;on Area Boundary
Annexat;on Area
C;ty of Federal Way
Vicinity Map