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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 -=tJRffitNA L 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 (- (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 1- 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. ~ OWNER'S SIGNATURE PRINTED NJ\ME ADDRESS DATE SIGNED 1. l¥~ t S(¡f;/f¡;:/J ¡JfJJ(; Jgg'(,~ tli A{)£ 5 ~/;llf [{ 2. 3. 4. ( - 5. 6. 7. 8. 9. 10. EXHIBIT A P AGE -k- oF----4=- {c" 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: ( 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. R~/ê.#~ ROBERTE. W.t\LLIS,PL.S.NO.18102 D~;; /9/ /796' "'=CI\l6I"40II""",""""",,, ~"""o£s, ,",s, ~Oo ..=-"-=-"-,,,.<.,,,,/.r" .r"':j.ÎJ' EXHIBIT .4 F'AßE_-3--- OF J/ yJ! ///1. 4...'/ iii" þ.\j<Ò ¡ ¡ ; ~o :~I ' ",y.' \ . - r--- '\ ~: I' «.. ( .~ ;Pl~(,~' '." ...-;,/!~ ~. " "") it ,,> ?"'" æ, , \ J !~ " Ù ",,' '- / ,; ///"" :.. . ~ f' --------- \\ / ~."~' ,-:,.-'-; I //":': ,-l.t.~~:../ /~> "" Q""""" 00"""'"" ~~ j lI~r ::~. A ( , -' (, ~" ~. ~. -: -' """:" ..., -.... ",*,-GË- 0 F . ,,/ Smgle Family liit! ~ fJ -" .;.! Cluster ¡gr¡¡ ,- ~ ~ : ~iì ì€ ö ',~ . , "-;:,, ,.,' . , ~'~---";=~";';~ '~, '~~~i2; ~,.J' ;, 1;; :..,,¡'<' , .... ",'. .,,~;,',',;,:, l- ~, ... , h ; .I ' ",It'" 0." J ..". '0-" r" r" .~~~.J ,;:: I '" > . < ,\ : "' ( .~ i~ ! 'os J ~t ~ I nl c'. i' ;;;.:Jàl ~"'" "I "~ " '," '0; .. ""-" "..." ( 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: \ 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 EXillBTI B 1463 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. .£iL:;L&:~ . IVótl ~ /9?ð DATE I.IPROJEcnl..,OOOOlWORDlAMa...."", , ... ~"'.';'..".",..,;~,:.,:çmilj;¿(.. ~~ ., ,,---_.. ",' ""~'>:&~¡?f";:!i'~; , , .. ""~""¡"'~#Jt.f' y~,lir ", ';::~,>.,'.'W.~ <;'1.... ~' '-~¡ '; ""¡~'~'"¡~'~.'i ~;¡c;.:¡tF"f... .,! 1'" : \ ': j ! ". . " '" Jag~ . ~ , w -- 30 101 114 100 Residential South Annexation To the City of Federal Way Parcel Map x A B NORTH LAKE SHORELANDS Legend: -.. Federal Way City Limits n... Annexation Area Boundary [=:] Annexation Area [=:] City of Foderal Way 117 116 614(360- 0'80 0035 NOT. "",OM --,,-. ...-.- "__A.OW. FEDERAL WAY CITY LIMITS Vicinity Map [7 Scale: 1 to 4440 1 Inch equals 370 Feet 0 500 Feet r...-_-~ b. N