Res 98-280
RESOLUTION NO. 98-280
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
FEDERAL WAY, WASHINGTON, DECLARING AND
GIVING NOTICE OF ITS INTENTION TO ANNEX
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 AVENUE
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 ("Annexation
Property") contiguous to a north boundary of the City of Federal Way; and
WHEREAS, the Weyerhaeuser Company had alreadyrequested,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 circulation of the sixty percent petition; directedthat City of Federal Way Comprehensive
Plan and Zoning be established prior to or concurrent with the annexation; and directed that the
Annexation Property assume its proportionate share of the City's bonded indebtedness; and
Res. #98- 28Q Page I
t~ff
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WHEREAS, the annexation action is exempt ITom all environmental review pursuant
to RCW 43.21C.222; and
WHEREAS, on August 21, 1998, the Weyerhaeuser Company submitted 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%) ofthe 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 ofthe 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 a
proposed development agreement between the City and the Weyerhaeuser Company; 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
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:
Res. #98- 28Q Page 2
Section 1. Notice ofIntention to Annex. The City of Federal Way hereby declares
and gives notice of its intention to annex approximately 19.88 acres lying adjacent to a northern
boundary of the City of Federal Way, legally described and depicted in Exhibit B 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 and the Weyerhaeuser Company of a pre-annexation,
development agreement in a fonn acceptable to the parties. The ordinance shall be effective
following passage of 45 days from the filing of the City's Notice ofIntention 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. Filing Notice of Intention 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 fonn 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. Severabilitv. 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.
Res. #98-28°, Page 3
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 November, 1998.
CITY OF FEDERAL WAY
Ld~~
MA ÝOR, RONALD L. GINTZ
APPROVED AS TO FORM:
~.e~-h:
CITY ATTORNEY, LONDI K LINDELL
FILED WITH THE CITY CLERK: 11/17/98
PASSED BY THE CITY COUNCIL: 11/17/98
RESOLUTION NO. 98-280
.'Iquadsout..""
Res. #98-2ß.O, Page 4
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(FOR CERTAIN
PETITION FOR ANNEXATION TO THE
CITY OF FEDERAL WAY, WASHINGTON
PROPERTY LOCATED NORTH OF SR-18, EAST OF
SOUTH OF S 344TH STREET)
RECEIVED
AUG 2 5 1998
CITYCLER
CITY OF FE:M¡;H.FF/Ce
NORTH LAKE AND,L WAY
TO:
THE HONORABLE MAYOR AND CITY COUNCIL
CITY OF FEDERAL WAY, WASHINGTON
33530 1ST WAY SOUTH
FEDERAL WAY, WASHINGTON 98003
OF THE
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.l4.l20,
et seq., and any amendments thereto, of the State of Washington.
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 initiating 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; and
2.
Federal Way Comprehensive ~lan and Zoning Map designations for the area
proposed for annexation would be established prior to or concurrent with the
annexation of the area proposed to be annexed.
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 postèd,
specifying the time and place of such hearing, and inviting all
persons interested to appear and voîce 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 at the date of the annexation; and that the territory hereby sought
to be annexed shall be zoned as determined by the Federal Way City Council prior
to or concurrent with the public hearing on the reque~e}(iin;È3,ïrn. ¡If
PAGE_l__.oF
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RECEIVED
AUG 2 5 1998
CC'TY'TYOClERKS OFF/if
F FEDERAL \\l
EVERY PERSON WHO SIGNS THIS PETITION WITH ANY OTHER THAN HIS/HER TRUE NAME, OR wHo
KNOWINGLY 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.
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OWNER'S SIGNATURE
PRINTED NJ\ME
ADDRESS
DATE SIGNED
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EXHIBIT A
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EXHIBIT A
Le~Desm~onfurAnn~~n
for portion of Quadrant CorponW.on's
East Campus Parcel 3 Single Family Detach1troject
RECEIVED
AUG 2 5 1998
CITY CLERKS OFFICE
CITY OF FEDERAL WAY
FOR PARCEL #614360-0635-05:
Lot 116 of the unr~orded plat of North Lake Shorelands, said unrecorded plat is included in
Government lots 3 and 4, Section 15, Township 21 North, Range 4 East, W.M, King County,
Washington.
FOR PARCEL #614360-0186-08:
Lots 89 through 92 of the unrecorded plat of North Lake Shorelands, said unrecorded plat is
included in Government lots 3 and 4, Section 15, Township 21 North, Range 4 East, W.M, King
County, Washington. Together with adjoining vacated street rights-of-way;
And also those portions oflots 36 and 37 of the said unrecorded plat, lying Southeasterly of the
Southeasterly margin of the Roy B. Misner Road (King County Road nurnber iS37) right-of-way
together with adjoining vacated street rights-of-way; " " .
And also the East 590.00 feet oflot 117 of said unrecorded pIat.
42nd Avenue South Parcel:
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The Westerly 30.00 feet of the 42'" Avenue South right-of-way adjoining lot 116 of the
unrecorded plat of North Lake Shorelands, said unrecorded plat is included in Government lots 3
and 4, Section 15, Township 21 Nonh. Range 4 East. W.M, King County, Washington.
Description by W&HPacific, Inc.
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ANNEXATION DESCRIPTION
QUADRANT RES SOUTH
8
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 ÍN '
¡NORTH LAKE SHORE LANDS ACCORDING TO THE UNRECORDED PLAT
THEREOF AND ALSO INCLUDING ABUTTING ROAD RIGHTS-OF-WAY DECRIBED
AS FOLLOWS:
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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
).6.72 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 13.01 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
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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 GO~RNMENT LOT 4;
THENCE SOUTH 01° 04' 58" WEST ALONG SAID EAST LINE, A DISTANCE OF 657.12
FEET, TO THE paIN[ OF BEGINNING.
DESCRIPTION BY W&H PACIFIC, INC.
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Residential
South
Annexation
To the City of
Federal Way
Parcel Map
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A
B
NORTH LAKE
SHORELANDS
Legend:
-.. Federal Way City Limits
n... Annexation Area Boundary
[=:] Annexation Area
[=:] City of Foderal Way
117
116
614(360-
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FEDERAL WAY CITY LIMITS
Vicinity Map
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Scale: 1 to 4440
1 Inch equals 370 Feet
0 500 Feet
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