Res 98-279
RESOLUTION NO. 98-~
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
FEDERAL WAY, WASHINGTON, DECLARING AND
GIVING NOTICE OF ITS INTENTION TO ANNEX
APPROXIMATELY 25.7 ACRES LOCATED BETWEEN
SOUTH 320TH STREET, INTERST ATE 5, MILITARY ROAD,
AND SOUTH 316TH STREET.
WHEREAS, RCW 35A.14.0IO 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 (1 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 25.7 acres of property ("Annexation 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,
Res. #98-~~ Page 1
ORIGINAL
required adoption of a Comprehensive Plan and zoning designation prior to or concurrent with the
annexation, required the Annexation Property to assume its pro rata share of existing City
indebtedness, and required preparation of a development agreement pursuant to RCW 36.708.170;
and
WHEREAS, the annexation action is exempt from all environmental review pursuant
to RCW 43.2IC.222; and
WHEREAS,onAugust21, 1998, Weyerhaeusersubmitted a Petition for Annexation,
attached as Exhibit A hereto and incorporated herein by reference; and
WHEREAS, the City Clerk has certified that the Petition contains the signatures of
the owners of at least sixty (60%) of the assessed valuation of the property proposed for annexation;
and
WHEREAS, the Annexation Property's legal description was prepared by a
professional land surveyor and is contained in Exhibit B hereto, along with a map of the Annexation
Property; 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, 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 Annexation Property as within King County's Urban
Growth Area, and the Annexation Property is within the potential annexation area of Federal Way;
and
Res. #98- 27~ Page 2
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;
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY
HEREBY RESOLVES AS FOLLOWS:
Section L Notice ofIntention to Annex. The City of Federal Way hereby declares
and gives notice of its intention to annex approximately 25.7 acres lying adjacent to the northern
boundary of the City of Federal Way, legally described and depicted in Exhibit B which is attached
hereto and incorporated herein by this reference.
Section 2. Timing 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, the Weyerhaeuser Company, and the Federal Way Fire
District of a pre-annexation, development agreement in a form acceptable to the parties. The
ordinance shall be effective following passage of 45 days trom 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. Filim! Notice ofIntention with Boundary Review Board. Pursuant to
RCW 36.93.090, the City Manager and/or 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'sNotice
ofIntention 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.
Res. #98-~9, Page 3
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 shaH 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 shaH 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 November, 1998.
CITY OF FEDERAL WAY
L~~
MAYOR, RONALD 1. GINTZ
APPROVED AS TO FORM:
-~ C ~ ~.
TY ATTÓRNEY, LONDI K. WiDELL
FILED WITH THE CITY CLERK: 11/17/98
PASSED BY THE CITY COUNCIL: 11/17/98
RESOLUTION NO. 98':"279
k,lq",dnort.re,
Res. #98-~ Page 4
PETITION FOR ANNEXATION TO THE
CITY OF FEDERAL WAY, WASHINGTON
(FOR CERTAIN PROPERTY LOCATED NORTH OF S 320TH ST AND EAST
OF I-S) a
RECEIVED"
AUG 2 5 1998
c?WO~l~~DKES o~FFICE
""t WAY
We, the undersigned, being the owners of not less than sixty percent (60%) in
value of the real property herein described and lying contiguous to the City of
Federal Way, Washington, do hereby petition that such territory be annexed to and
made part of the City of Federal Way under the provisions of RCW 35A.14.120, et
seq., and any amendments thereto, of the State of Washington.
TO:
THE HONORABLE MAYOR AND CITY COUNCIL OF THE
CITY OF FEDERAL WAY, WASHINGTON
33530 1ST WAY SOUTH
FEDERAL WAY, WASHINGTON 98003
The territory proposed to be annexed is within King County, Washington, and
the legal description of which is set forth in Exhibit "A", which is attached hereto
and made part hereof, and the boundaries of the territory proposed to be annexed are
outlined on the map which is marked as Exhibit "B", which is attached hereto.
The City Council of the City of Federal Way met with the~nitiating parties
at a regularly scheduled meeting on July 21, 1998, and did determine that the City
would accept the proposed annexation. At said meeting the City Council did also
determine as disclosed by the minutes entry regarding the same in the minutes of the
council meeting of July 21, 1998, that:
1.
The area proposed to be annexed to the city would be required to assume its
pro rata portion of existing city indebtedness;
Federal Way Comprehensive Plan and Zoning Map designations for the are.
proposed for annexation would be established prior to or concurrent with thé
annexation of the area proposed to be annexed; and
2.
3.
Restrictions on the density of any development of the property to be annexed,
in addition to those imposed by Zoning Map designations, would be imposed
through the execution of a development agreement with the initiating party
prior to the City's acceptance of this 60% petition.
. WHEREFORE, the undersigned petition the City Council and request:
(a)
The appropriate action be taken to entertain this petition, fixing a
date for a public hearing, causing notice to be published and posted,
specifying the time and place of such hearing, and inviting all persons
interested to appear and voice approval or disapproval of such
annexation; and
(b)
That following such hearing, and pending approval of the Boundary Review
Board, the City Council determine by ordinance that such annexation
shall be made, annexing the above described territory, and declaring the
date whereon such annexation shall be effective; and the property so
annexed shall become a part of the City of Federal Way, subject to its
laws and ordinances then and thereafter in force.
The petitioner subscribing hereto agrees that all property within the territory
hereby sought to be annexed shall be assessed and taxed at the same rate and on the
same basis as other property within the City of Federal Way, including assessments
or taxes in payment of any bonds issued or debts contracted prior to or existing a..
the date of the annexation; and that the territory hereby sought to be annexed shal,
be zoned and subject to a development agreement as determined by the Federal Way
ci ty Council prior to or concurrent with the public hearing on the requested
annexation.
EXHIBIT//.
RecelVeo
AUG 2 5 1998
CITY ClE
CITYOF _~KSOFFIC'"
I"t:OERA C
a EVERY PERSON WHO SIGNS THIS PETITION WITH ANY OTHER THAN HIS/HER TRUE NAME, OR w.ðY
~ RNOiŒNGLY SIGNS MORE THAN ONE OF THESE PETITIONS, OR SIGNS A PETITION WHEN HE/SHE IS
NOT A REGISTERED VOTER, OR SIGNS A PETITION WHEN HE/SHE IS OTHERWISE NOT QUALIFIED TO
SIGN, OR WHO MAKEs HEREIN ANY FALSE STATEMENT, SHALL BE GUILTY OF A MISDEMEANOR.
WARNING
OWNER'S SIGNATURE
PRINTED NAME
ADDRESS
DATE SIGNED
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EXHIBIT A
RECEIVED
AUG 2 5 1998
C?WO~LP~'WoqFFICE8
""L WAY
Ouadmnt Corporation
South 320111 Parcel
( P¡tA-rr)
Legal Description
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; ,
AND 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 OF TRACT 5 CONVEYED TO THE STATE OF
WASHINGTON BY DEED RECORDED UNDER RECORDING NUMBER 4998520.
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ANNEXATION DESCRIPTION
QUADRANT RES NORTH
PARCEL A:
TRACTS I 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 I 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 320 TH 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 320TH 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;
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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.
DESCRIPTION BY W&H PACIFIC, INe.
/¥ðv' 2 3 /998
DATE /
LIPROJE,"" 108 lOOO'\\VORDlREV ANNEX"'"
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0020 10026
0025
FEDERALlwA Y CITY ILIMITS
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Residential North
An nexation
25.7 Acres
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13
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0035
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0037
0030
FIRE
STATION
...
Residential
North Annexation
(SE 09-21-04, SW 10-21-04,
NW 15-21-04 & NE 16-21-04)
To the City of
Federal Way
Parcel & Vicinity
Map
Legend:
-.. Federal Way City Umits
n.n Annexation Area Boundary
C:=J Annexation Area
C:=J City of Federal Way
Vicinity Map
Scale: 1 to 4440
1 Inch equals 370 Feet
0 500 Feet
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8, = GIS DIVISION
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