Res 98-267
RESOLUTION NO. 98-267
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
FEDERAL WAY, WASHINGTON, DECLARING AND GIVING
NOTICE OF ITS INTENTION TO ANNEX APPROXIMATELY
71.56 ACRES LOCATED BETWEEN SR 161 (Enchanted
Parkway), INTERSTATE 5, MILTON ROAD SOUTH, SOUTH
369TH STREET, AND 19TH WAY 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, in February, 1995, pursuant to RCW 35A.14.120,
Enchanted Parks, Inc., 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
71.56 acres of property contiguous to the eastern boundary of the
City of Federal Way; and
WHEREAS, on March 21, 1995, the City Council authorized
the
preparation of
a
Peti tion
for Annexation,
requiring the
preparation of a proposed zoning regulation and requiring 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 43.21C.222; and
Res. #98-267, Page 1
(Ç;~r1f
WHEREAS, on November 13, 1997 and on February 17, 1998 the
City Council held public hearings, after public notice as required
by law, on the adoption of zoning regulations for the subject
property, on a proposed CDA between the City and Enchanted Parks,
Inc., and on the proposed annexation of the subject property; and
WHEREAS, on February 9, 1998 Enchanted Parks, Inc. submitted
its Petition for Annexation, attached as Exhibit A hereto.
The
property to be
annexed is
legally described and depicted in
attachments to the Petition, which contains the signatures of the
owners of at least sixty (60%) of the assessed valuation of the
property proposed for annexation; and
WHEREAS,
the
City of
Federal
Way and King
County have
conducted certain planning efforts as required by the Growth
Management Act, RCW 36.70A.
Both the County and City of Federal
Way have identified the subject property as within King County's
Urban Growth Area, and both have previously agreed that the subject
property is within the potential annexation area of Federal Way.
Most of the property is currently designated Commercial Outside of
Centers or Neighborhood Business Center, and most of the property
is
currently
zoned Regional
Business
(~RB")
or
Neighborhood
Business ("NB") by King County; and
WHEREAS, the City Council finds that it would promote the
health, safety and welfare of the citizens of the City of Federal
Way to annex the subject property;
Res. #98-267, Page 2
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY
HEREBY RESOLVES AS FOLLOWS:
Section 1.
Notice of Intention to Annex.
The City of
Federal Way hereby declares and gives notice of its intention to
annex approximately 71.56 acres lying adjacent to the eastern
boundary of the City of Federal Way, legally described and depicted
in
attachments
to
the
Petition
(Exhibit A hereto)
which
is
incorporated herein by this reference.
Section 2.
Timina of Annexation.
The City's annexation
shall be accomplished by ordinance, which shall provide for the
assumption of a pro-rata share of
existing City of Federal Way
indebtedness by the area to be annexed.
The ordinance may be
adopted immediately following execution by the City of Federal Way
and
Enchanted
Parks,
Inc.
of
a
pre-annexation,
concomitant
development agreement in a form acceptable to the parties, and
following
the
City
Council's
adoption
of
zoning
development
regulations applicable to property zoned OP-4.
The ordinance
shall be effective following passage of 45 days from the filing of
the City's Notice of Intention to annex as provided in Section 3
below,
if no person invokes the jurisdiction of the Washington
State Boundary Review Board for King County (~BRB"), or upon the
effective date of the BRB's approval of the annexation if BRB
jurisdiction is invoked.
Section 3.
Filina Notice of Intention with Boundarv
Review Board.
Pursuant to RCW 36.93.090, the City Manager and/or
Res. #98-267, Page 3
his designee is directed to file a copy of this Resolution with the
Washington state Boundary Review Board for King County, together
with the City's Notice of Intention to Annex in such form as may be
required by the Board, and to take whatever other steps may be
necessary to fulfill the intent of this resolution.
Section 4.
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 5.
Ratification.
Any act consistent with the
authority and prior to the effective date of the resolution is
hereby ratified and affirmed.
Section 6.
Effective Date.
This resolution shall be
effective immediately upon passage by the Federal Way City Council.
RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, this ~ day of February, 1998.
CITY OF FEDERAL WAY
L,~
M1\YOR, RONAL . GINTZ
ATTEST:
~
APPROVED AS TO FORM:
¿~~----
""éITr'A DI K.
LINDELL
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
RESOLUTION NO.
., \RESO\ENCHPARK
Res. #98-267, Page 5
-,
02-10-98
02-17-98
98-267
PETITION FOR ANNEXATION
TO THE CITY OF FEDERAL WAY
TO:
HONORABLE MA YOR AND CITY COUNCIL OF THE CITY OF FEDERAL WAY
33530 FIRST WAY SOUTH
FEDERAL WAY, WASHINGTON 98003
Council Members:
Pursuant to RCW 35A.I4.120-.150, the undersigned, who is the record owner of not less than
sixty percent (60%) in value according to the assessed valuation for general taxation of the real
property for which annexation is petitioned, hereby petitions the City Council of the City of Federal
Way (the "City") for annexation of the following area:
A legal description of the property for which annexation is petitioned (the "Subject
Property") is attached hereto as Exhibit A and incorporated herein by this reference. A map outlining
the boundaries of the Subject Property is attached hereto as Exhibit B and incorporated herein by this
reference.
The Subject Property is contiguous to the eastern boundary of the City. A chart showing the
ownerships within the Subject Property and tax assessments for these ownerships is attached hereto as
Exhibit C and incorporated herein by this reference. A vicinity map showing the proposed annexation
area is attached as Exhibit D.
Petitioner acknowledges that the City Council has required the assumption of any existing
City indebtedness by the Subject Property upon annexation, to be assessed and taxed at the same basis
and rate as other real property within the City.
Petitioner further acknowledges that as part of the annexation of the Subject Property, the
City Council will consider the adoption of an ordinance or ordinances establishing zoning on the
Subject Property to take effect upon annexation, including the following:
A Pre-annexation Concomitant Zoning Agreement establishing a Office Park Zone
(OP-4), pursuant to RCW 35A.14.330, .340 and FWCC 19-104, for the Subject Property
owned or controlled by Enchanted Park, a draft agreement of which is attached as
Exhibit E hereto and incorporated herein by this reference.
c¡t£.
Dated this ~ day of February, 1998.
ENC.. .H. AJ:!:rE~ARK,. INC/
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B. ,/ ~ .
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(prinl name)
l'eM"n Fo, A"anation
H7I4(,315361.) 1J51<H'DOC )106/98
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EXHIBIT A
ESM inc.
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A CIVIL ENGINEERING, LAND SURVEY, AND PROJECT MANAGEMENT CONSULTING FIRM
Enchanted Parks
Job No. 163-03-950-006
October 16,1997
LEGAL DESCRIPTION FOR ANNEXATION
TO THE CITY OF FEDERAL WAY
Those portions of the southwest quarter of Section 28 AND of the southeast quarter of Section
29 AND of the northeast quarter of Section 32 AND of the northwest quarter of Section 33, ALL
in Township 21 North, Range 4 East, W.M., King County, Washington, being more particularly
described as follows:
BEGINNING at the northeasterly comer of Parcel "Z" of "Regency Woods Division I"
according to the plat thereof recorded in Volume 154 of Plats, Pages 81 through 97, inclusive,
Records of King County, Washington;
THENCE southeasterly along the northeasterly line of said parcel, said line being coincident
with the southwesterly margin of Enchanted Parkway (AKA SSH No. 5-D / Kit Comer Road
South / SR 161) to the northwesterly margin of 19th Way South as shown on said plat;
THENCE southwesterly along said northwesterly margin to the northerly margin of South 369th
Street as shown on the plat of "Regency Woods Division 2" according to the plat thereof
recorded in Volume 156 of Plats, Pages 16 through 20, inclusive, Records of King County,
Washington;
THENCE westerly along said northerly margin and the westerly extension thereof to the easterly
margin ofSR 5 (AKA PSH No. I), also being the City of Federal Way Limits as defined by King
County Code Ordinance No. 8779;
THENCE northerly along said easterly margin to said southwesterly margin of Enchanted
Parkway;
THENCE southeasterly along said southwesterly margin to the
POINT OF BEGINNING.
See attached Exhibit "B".
Written by: c.A.F.
Checked by: R.J.W.
""mlsy,lw'd-pcoclleg,1I1630304doc /°/17/17
720 South H8th Sueet . Fede,,! Way, Washington 98
Fede,,!Way{2061838-6113 . Tacom, {2061 927-0619 . Seattle {2061 623-s91t
. Fa" (2061 838-71 0'
EXHIBIT "B"
TO ACCOMPANY LEGAL DESCRIPTION FOR ANNEXATION
A PORTION OF SECTIONS 28, 29, 32 AND 33.
TWP. 21 N., RGE. 4 E., W.M.,
KING COUNTY, WASHINGTON
SCALE: I"
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0 400
2 28
333
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PARCEL OWNERSHIP
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0 ENCHANTED PARKS INC.
CD ENCHANTED PARKS INC.
eD ENCHANTED PARKS INC.
0 KING COUNTY
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JOB NO. 163-03-950-006
DRAWING NAME 163\03\EXH-ANNP
DATE 02-16-98
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ENCHANTED PARKS.INc. AND RELATED PROPERTIES
. .
ANNEXATION 1'0 'I'm; CrIY OF FEDERAL WAY
AsSESSED VALVES
OCTOBERI3, 1997
282104-9025 Enchanted P.rIcs, [oc. 146,700.00 16,600.00
721265.2350 Enchanted Park6;Inc. 583.300.00 Non.
721265-2310 Ench~led Paries, Inc. 298,000.00 No""
222104-9014 RingCoU"fY Millon RDad None E:mnpl
POT1jOD of[.S Washington Stat<: Department
Right.of-Way of TransPOrtation
TOT Al.S:
$2.484,000.00 $1.197.900.00
S3,6&1,900.00
EXHIBIT C
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