Res 99-305
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RESOLUTION NO. 99- 305
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
FEDERAL WAY, WASHINGTON, DECLARING AND
GIVING NOTICE OF ITS INTENTION TO ANNEX
APPROXIMATEL Y1.2S ACRES LOCATED BETWEEN EAST
OF INTERSTATE 5, WEST OF MILITARY ROAD, AND
APPROXIMATELY 600 FEET NORTH OF SOUTH 320TB
STREET AT WEYERHAEUSER WAY SOUTH (IF
EXTENDED).
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 5,1999, pursuant to RCW 35A.l4.120, John Elley, 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 1.25 acres of property ("Annexation Property") contiguous to the
northeast boundary of the City of Federal Way; and
WHEREAS, on June 15, 1999, the City Council accepted the 10% Petition,
authorized the preparation of a Petition for Annexation and required the Annexation Property to
assume its pro rata share of existing City indebtedness; and
WHEREAS, the City Council established Comprehensive Plan and Zoning
designations, subject to a Development Agreement, for the Annexation Property, on December 15,
1998, pursuant to Ordinanc~s No. 98-330 and 98-331, respectively; and
Res. #99-305, Page I
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WHEREAS, the annexation action is exempt nom all environmental review pursuant
to RCW 43.21C.222; and
WHEREAS,on September 16, 1999,JohnElleysubmittedaPetitionfor Annexation,
with legal description prepared by a professional land surveyor and boundary map of the
Annexation Property, which is contained in Exhibit A and attached 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, on November 16, 1999, the City Council held a public hearing, after public
notice as required by law, on the proposed annexation of the subject property; 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 Anne~ation Property as within King County's Urban
Growth Area, and the Armexation Property is within the Potential Annexation Area ofF ederal 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:
Section I. Notice ofIntention to Armex. The City of Federal Way hereby declares
and gives notice of its intention to annex approximately 1.25 acres lying adjacent to the northeasterly
Res. #99- 305, Page 2
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boundary of the City ofFederai Way, legally described and depicted in Exhibit A, which is attached
hereto and incorporated herein by this reference. The City's intention declared herein is conditioned
upon Mr. Elley's execution ofa form, acceptable in form and content to the City Attorney, ora form
indicating Mr. Elley's ratification and acceptance of the terms of the Development Agreement
adopted by the City Council in Ordinance No. 98-331. If Mr. Elley does not execute said form
within thirty (30) days of the adoption of this Resolution, the City Council's intention to annex
declared herein shall be deemed revoked without further action of the City Council.
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 Council may adopt the ordinance following Mr.
Elley's execution of the form specified in Section 1 above. 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
ifBRB jurisdiction is invoked.
Section 3. Filing Notice of Intention with Boundary Review Board. Pursuant to
RCW 36.93.090, but only following Mr. Elley's execution of the form. specified in Section 1 above,
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'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.
Res. #99-305, Page 3
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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 -----I.L. day of November, 1999.
CITY OF FEDERAL WAY
~~~
M;\ YOR, RONALD L. GINTZ
A1;T,~~
CITY CLERK, N. CHRISTINE GREEN, CMC
APPROVED AS TO FORM:
~< ~
CI Y, LONDI K. LINDELL
FILED WITH THE CITY CLERK: 11/15/99
PASSED BY THE CITY COUNCIL: 11/16/99
RESOLUTION NO. 99-305
K\CDlORDfNAIT<.",7.""
Res. #99-305, Page 4
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PETITION FOR ANNEXATION TO THE
CITY OF FEDERAL WAY, WASHINGTON
TO:
THE HONORABLE HAYOR AND CITY COUNCIL
CITY OF, r,EDERAL HAY, HASIlINGTON
33530 1ST HAY SOUTH
r,EDERAL HAY, HASHINGTON 98003
OF THE
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We" t:he undeLsigned" being the owners of not less than sixty percent
(601) in value of the Leal propecty herein described and lying contiguous to
the City of Federal Way, ~~shingtan, do hereby petition that such territory be
annexed to and' made part: of the City of ,edera'l Way under the provisions Or'RCI"
35A.14.120, et seq., and any amendments thereto, of the State of Washington,
The territory proposed to be annexed is within King County; Washington;
t:he legal descript:ion of which t:ectit:ory is set fort:h in Exhibit: "A", at:tached
hereto and made part hereof; and the boundary map of which territory is set
forth in Exhibit "B", att:ached hereto and made part hereof,
The City Counci.1 of the City of Federal Way met with the initiating
parties at a regularly scheduled meeting on June 15" 1999, and did determine
that the City would accept the petitioner's Notice of Intention to Petitio~,
with boundaries as proposed by the petitioner. 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 15, 1999, that the aree proposed
LO be annexed City ',:ould be required to assume its pro rata portion of existlDg
city indebtedness, if such ere~ is annexed to the City,
WHEREFORE, the undersig,-¡ed petition the City Council and request:
(a)
The approp:ciate action be taken to entertairi:this petition, fi:,:ing
a dat'e' fbe a public heè,::ing, causing not:ice to be published "DC
posted, s;:>ee:fying ~he Lime and place of such hearing, ane c,w.!.::",;
all perso"s :nteresced [0 appear and voice approval or disapproval
of such enne~a[ion, ane
(b)
That follo'..'i"9 sue", he,õ:ci,ng, and pending approval of the Sou"dæ:c,
Revie'" Soare, the City Council determine by ordinance that sCler,
anne:<atioi1 shall be made, annexing the above described te:'rit,cey,
and deelarii1G the cate whereon such annexation shall be effect:~e;
and the p:o?erty so annexed shall become a part of the City' of
Federal Wav, subjec;: [0 its laws and ordinances then and thereaf:e:c
in foL'ce,
The petitioner subscrlbi"g he:ceto agrees that all property within the terriLory
hereby sought to be anne:<ed s~ell be assessed and taxed at the same reLe ene
on the same basis as ooheL properLY within the City of ,ederal Way, incluclng
assessments or [a:<es i" oayme:'t of any bonds issued or debt~~0;'F'i,9ctð,'? p:'lor
to or existing a: :he date of ene anne:ation; and "R;)i~¡\'.,~3g(,~?c""{È,Þ',;~,'i'a
terr.!.tory hereb" sa"c,,: :0 be è.~n,e:',ed has been prevlo'~S"J:y,)p'~ann¡;d anc zonee: ,n
~~~] ~~t~a;: a~e'~,ej~~,~../L, ~~,'~~¿b~~h~:d:,'at~';ai;,ial comp,eh!":"slve<"lan en"
EXHIBIT.4L/-
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WARNING
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EVERY PERSON WHO SIGNS THIS PETITION WITH ANY OTHER TI~ HIS/HER TRUE NAME,
OR WHO KNOWINGLY SIGNS MORE THAN ONE OF THESE PETITIONS, OR SIGNS A PETITION
¡'TBt;N HE/SHE IS NOT A REGISTERED VOTER, OR SIGNS A PETITION WHEN HE/SHE IS
.ERWISE NOT QUALIFIED TO SIGN, OR WHO MAKEs HEREIN ANY FALSE STATEMENT,
SHALL BE GUILTY OF A MISDEMEANOR.
OWNER'S SIGNATURE
PRINTED NAME
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ADDRESS
DATE SIGNED
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RECEIVED BY
CN<'iUNlíY DEVELOPMEo'.'T DEPARTMENT
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ANNEXATION DESCRIPTION
QUADRANT RES NORTH, TRACT 17 PARCEL
THAT PORTION OF OF LOT 17, MillW A Y SUBURBAN TRACTS, ACCORDIt¡IG TO THE
PLAT THEREOF, RECORDED IN VOLUME 38 OF PLATS, PAGE 40, IN KING COUNTY,
WASHINGTON, LYING SOUTHERLY OF THE SOUTHEASTERLY MARG~ OF THE
BONNEVILLE POWER ADMINISTRATION'S TRANSMISSION LINE RIGHT OF WAY,
200 FEET IN WIDTH, FOR COVINGTON-TACOMA TRANSMISSION LINES ~OS. I M'D
2, AS SAID RIGHT OF WAY EXISTED PRIOR TO NOVEMBER 29, 1958.
DESCRIPTION BY W&H PACIFIC, INe.
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ROBERTE. WALLIS,.P.LS. 18102
V<7Þ;1 Z.ç / '7 '7<;
DATE /
, ~,""'cn""o""WORD'='"LGu..,
RECEIVED BY
COMI,IUN!ìY DEVEL(iO~ŒNT DE"ÞBTME;'[,
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ORDER NO, 53¡õ43 DA TEO DECEMBER 9, 1998 AND ESI/ SURVEY
DRAY,WG RE:CO,QDEÓ IN VOlUME 75 O,C SURV[yS ON PAC': 203, ~ ~
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QUADRANT RECEI~d> BY
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TRACT 17 ANNEXA TlQ-Jrjp 1$ 1999
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Tract 1ì
Proposed
Annexation
(STR:SW1 021 04)
To the City of
Federal Way
Annexation Area
Map
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Legend:
- . - Federal Way City Limits
~ Proposed Annexation
Area
Vicinity Map
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Scale: 1 to 5400
1 Inch equals 450 Feet
0 500 Feet
1J8_---"
Map Printed: October 1999
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Soal,: 11030576
1 loch ,quais 2548 Ft"
0/8 1/4 1/2 Mil,
City of ~)-
Cederal W~y
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Legend:
Federal Way City Llmils
Potential Annexation Area
Proposed Annexation Area
Potential Annexation n
Area Boundari~HIBIT ....,
and Trac:t 17 D^GE' OF
Annexation F"M -
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i, ma i, intended tonse as a
..entmn orly. The
City of Fode<al Way maJœ, no
wa~anty .. 10 ite =