HomeMy WebLinkAbout6121ORDINANCE NO. 6 1 2 1
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, ANNEXING AN UNINCORPORATED
AREA IN KING COUNTY, WASHINGTON, OF APPROXIMATELY
2,096 ACRES CONTIGUOUS TO THE CORPORATE LIMITS OF
THE CITY KNOWN AS THE "LEA HILL ANNEXATION AREA" OF
THE CITY OF AUBURN, EFFECTIVE JANUARY 1, 2008,
SUBJECT TO ANNEXATION INCENTIVE ELIGIBILITY
WHEREAS, in accordance with Chapter 35A.14 RCW, on the 16t" day of
January, 2007 and on the 16t" day of April, 2007, the City Council of the City of Auburn,
Washington, passed its Resolution Numbers 4138 and 4176 respectively, calling for
special elections to be held in connection with the primary election on August 21, 2007,
at which election the question of annexation shall be presented to the voters of the Lea
Hill Annexation Area; and
WHEREAS, the notice of intention to annex was filed with the King County
Boundary Review Board and subsequently approved; and
WHEREAS, in accordance with Chapter 35A.14 RCW the annexation was put to
a vote of the people in the annexation area on August 21, 2007; and
WHEREAS, the King County Records, Elections and Licensing Services
Division, on September 5, 2007, certified that the referendum had been approved by
the voters; and
WHEREAS, it appears to the City Council of the City of Auburn that said
annexation meets the requirements specified by law; to and including the consideration
of the passage of this ordinance; and the lands being annexed are contiguous to the
Ordinance No. 6121
November 13, 2007
Page 1
City of Auburn and have not heretofore been incorporated into or as a part of a city or
town; and
WHEREAS, SSB 6686 (Ch 361, Laws of 2006), codified as RCW 82.14.415,
which authorized cities in certain population areas that annex territory having a
population of over 10,000 prior to January 1, 2010 to impose a sales or use tax, which
tax must be taken as a credit against the sales tax, so it will not be an additional tax to a
consumer; and in further support of that annexation effort, King County cities annexing
territory in accordance with SSB 6686 would also be eligible to receive a financial
incentive from King County to further assist in meeting infrastructure and municipal
service needs (together, the "Incentive Tax Dollars"); and
WHEREAS, the financial incentives to annex the property that was the subject of
the August 21, 2007, annexation votes is the eligibility of the City of Auburn to receive
Incentive Tax Dollars for any part of the territory that was the subject of the August 21,
2007 annexation votes; and
WHEREAS, it is appropriate to condition the annexation of the areas to the City
of Auburn upon the City's eligibility to receive such incentive dollars and on the
verification by the State of Washington Office of Financial Management that the
annexation areas, or any part or parts thereof, meet the population and all other
requirements for the Incentive Tax Dollars.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. In considering this annexation, the City Council held public
hearings and has reviewed all sources of revenue and examined the projected
Ordinance No. 6121
November 13, 2007
Page 2
additional expenses and obligations that the City will incur relating to the annexation
area. In accordance with RCW 84.14.415, the City Council determines that the
projected cost to provide municipal services to the annexation area exceeds the
projected general revenue that the City would otherwise receive from the annexation
area on an annual basis.
Section 2. Contingent on the conditions described in Section 4 of this
ordinance being met, there shall be annexed to the City of Auburn, Washington, the
property situated in the County of King, State of Washington, legally described as
follows:
City of Auburn
Lea Hill Annexation Area
Legal Description
Those portions of Sections 3, 4, 5, 7, 8, 9, 10, 16, and 17, Township 21
North, Range 5 East, and Sections 32, and 33, Township 22 North, Range 5
East, Willamette Meridian in King County, Washington described as follows:
Beginning at the northwest corner of the northeast quarter of the southwest
quarter of said Section 32, said point also being a point on the City Limits of
Kent, as annexed under Kent City Ordinance No. 3241;
Thence east along said City Limits of Kent and along the north line of the
southwest quarter of said Section 32, and along the north line of the
southeast quarter of said Section 32 to the northwest corner of the southwest
quarter of said Section 33;
Thence south along said City Limits of Kent and along the west line of the
southwest quarter of said Section 33 to the southwest corner of the north half
of the north half of the north half of the northwest quarter of the southwest
quarter of said Section 33;
Thence east along said City Limits of Kent and along the south line of last
said subdivision to the west line of the north half of the northeast quarter of
the southwest quarter of said Section 33;
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November 13, 2007
Page 3
Thence south along said City Limits of Kent and along said west line of the
north half of the northeast quarter of the southwest quarter of said Section 33
to the northwest corner of the west 165.00 feet of the south half of the north
half of the northeast quarter of the southwest quarter of said Section 33;
Thence east 165.00 feet along said City Limits of Kent and along the north
line of the west 165.00 feet of the south half of the north half of the northeast
quarter of the southwest quarter of said Section 33;
Thence south along said City Limits of Kent and along the east line of the
west 165.00 feet of the south half of the north half of the northeast quarter of
the southwest quarter of said Section 33 to the south line of the north half of
the northeast quarter of the southwest quarter of said Section 33;
Thence east along said City Limits of Kent and along the south line of the
north half of the northeast quarter of the southwest quarter of said Section 33
to the west line of the northwest quarter of the southeast quarter of said
Section 33;
Thence southerly 30 feet along said City Limits of Kent and along last said
west line to the south line of the north 30 feet of the south half of the
northwest quarter of the southeast quarter of said Section 33;
Thence easterly along said City Limits of Kent, along the south line of the
north 30 feet of the south half of the northwest quarter of the southeast
quarter of said Section 33 and along the south right of way margin of
Southeast 282 Street to its intersection with the south line of the north half of
the northeast quarter of the southeast quarter of said Section 33;
Thence east along said City Limits of Kent and along the south line of the
north half of the northeast quarter of the southeast quarter of said Section 33
to a line parallel with and 30 feet west of the east line of the southeast
quarter of said Section 33;
Thence south along said City Limits of Kent and along said parallel line to the
south line of the southeast quarter of said Section 33;
Thence east along said City Limits of Kent and along said south line to the
west line of the southwest quarter of said Section 34;
Thence northerly along said City Limits of Kent and along the west line of the
southwest quarter of said Section 34 a distance of 30 feet, more or less, to
the north margin of Southeast 288th Street;
Ordinance No. 6121
November 13, 2007
Page 4
Thence easterly along said City Limits of Kent and along said north margin to
the westerly right of way margin of SR-18;
Thence in a southwesterly direction along said westerly right of way margin
of SR-18 to an intersection with the south line of the northwest quarter of the
northeast quarter of said Section 16;
Thence in a westerly direction along said south line to the west line of the
east half of said Section 16;
Thence in a southerly direction along said east line to the north line of the
south half of said Section 16;
Thence in a westerly direction, along said north line, and along the north line
of the south half of said Section 17, to the west boundary of the east half of
the southeast quarter of the northeast quarter of said Section 17 and an
intersection with the City Limits of Auburn as annexed under Auburn City
Ordinance No. 5346;
Thence in a northerly direction along said west boundary of the east half of
the southeast quarter of the northeast quarter of said Section 17 to an angle
point in the City Limits of Auburn as annexed under Auburn City Ordinance
No. 5346;
Thence in a northeasterly direction along said City Limits and along the
southerly boundary of the plat of Spring Vista as recorded in Volume 74 of
Plats at page 90, records of King County, Washington, to the southeast
corner of Lot 1 of said plat of Spring Vista;
Thence in a northerly direction along said City Limits annexed under Auburn
City Ordinance No. 5346, along the east line of said Lot 1 and along the
southeasterly right of way line of 116th Avenue Southeast to the southwest
corner of Lot 1 of the plat of College Green as recorded in Volume 83 of
Plats at page 92, records of King County, Washington;
Thence in a northerly direction along said City Limits and along the east right
of way margin of 116th Avenue Southeast to the southwest corner of Lot 1 of
the Plat of College Green North as recorded in Volume 110 of plats at pages
5 and 6, records of said county and the southwest corner of the City Limits of
Auburn as annexed under Auburn City Ordinance No. 5937;
Thence in easterly, northerly, and westerly directions, along said City Limits
and along the boundaries of last said Lot 1 of the Plat of College Green
North to the east right of way margin of 116th Avenue Southeast and an
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November 13, 2007
Page 5
intersection with the City Limits of Auburn as annexed under said Auburn City
Ordinance No. 5346;
Thence in a northerly direction along said east right of way margin of 116th
Avenue Southeast and along said City Limits to the north line of the south 97
feet of the north 4 acres of the southwest quarter of the southwest quarter of
the southwest quarter of said Section 9 and the southwest corner of the City
Limits of Auburn as annexed under Auburn City Ordinance No. 5986;
Thence in an easterly direction along last said north. line and along said City
Limits to the east line of the west half of the southwest quarter of the
southwest quarter and the southeast corner of the City Limits of Auburn as
annexed under Auburn City Ordinance No. 5986;
Thence in a northerly direction along last said east line and along said City
Limits to the north line of the south 201.5 feet of the northwest quarter of the
southwest quarter of the southwest quarter of said Section 9 and the
northeast corner of the City Limits of Auburn as annexed under Auburn City
Ordinance No. 5986;
Thence in a westerly direction along last said north line and along said City
Limits to the east right of way margin of 116th Avenue Southeast and an
intersection with the City Limits of Auburn as annexed under said Auburn City
Ordinance No. 5346;
Thence northerly along said east right of way margin of 116th Avenue
Southeast and along said City Limits to the south right of way margin of
Southeast 312th Street;
Thence westerly, northwesterly, southwesterly and southerly along said City
Limits and along the southerly right of way margin of Southeast 312th Street
and Lea Hill Road Southeast to an intersection with the City Limits of Auburn
as annexed under Auburn City Ordinance No. 5088, said intersection being
on the north boundary of Lot 20 Block 7 of C. D. Hillman's Auburndale
Addition to the City of Seattle, Division No. 1 as recorded in Volume 13 of
Plats at Page 62, records of King County, Washington;
Thence continuing southwesterly along said City Limits of Auburn and along
the southeasterly right of way margin of Lea Hills Road Southeast to the
north right of way margin of Southeast 320th Street and the most westerly
corner of said City Limits of Auburn as annexed under Auburn City
Ordinance No. 5088;
Thence east along said north right of way margin and along said City Limits
of Auburn as annexed under Auburn City Ordinance No. 5088 to an
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November 13, 2007
Page 6
intersection with the City Limits of Auburn as annexed under Auburn City
Ordinance No. 5346;
Thence southerly along said City Limits of Auburn to the north boundary of
the northwest quarter of said Section 17;
Thence westerly along said City Limits of Auburn and along said north
boundary of the northwest quarter of said Section 17 to the easterly right of
way margin of 104th Place Southeast;
Thence southerly along said City Limits of Auburn and along said easterly
right of way margin to the southerly right of way margin of Southeast 320th
Street;
Thence westerly along said City Limits of Auburn and along said. southerly
right of way margin of Southeast 320th Street to the westerly bank of the
Green River and the southeast corner of the City Limits of Auburn as
annexed under Auburn City Ordinance No. 2220;
Thence northwesterly along said City Limits of Auburn annexed under
Auburn City Ordinance No. 2220 and along the west bank of the Green River
to an intersection with the east line of the City Limits of Auburn as annexed
under Auburn City Ordinance No. 1300;
Thence northerly along said City Limits of Auburn annexed under Auburn
City Ordinance No. 1300 and along the west bank of the Green River to the
north line of the southwest quarter of said Section 8 and an intersection with
the south line of the City Limits of Auburn annexed under Auburn City
Ordinance No. 5516;
Thence easterly along said City Limits of Auburn annexed under Auburn City
Ordinance No. 5516 and along said north line of the southwest quarter of
said Section 8 to the extended east right of way margin of 104th Avenue
Southeast;
Thence northerly along said City Limits of Auburn, along said extended east
right of way margin, and along the east right of way margin of 104th Avenue
Southeast to the northwest corner of Lot 15, Block 4 of C. D. Hillman's
Auburndale Addition to the City of Seattle, Division No. 1 as recorded in
Volume 13 of Plats at Page 62, records of King County, Washington;
Thence easterly along said City Limits of Auburn and along the north
boundary of said Lot 15 and the north boundary of Lot 5 of said Block 4 of C.
D. Hillman's Auburndale Addition to the City of Seattle, Division No. 1, and
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November 13, 2007
Page 7
along said north boundary of said Lot 5 extended, to the east right of way
margin of 108th Avenue Southeast;
Thence northerly along said City Limits of Auburn and along said easterly
right of way margin of 108th Avenue Southeast to the south right of way
margin of Southeast 304th Street;
Thence continuing northerly along said City Limits of Auburn to the
intersection of the west margin of 108th Avenue Southeast as shown on the
plat of Hazelwood Heights as recorded in Volume 71 of Plats at Page 37,
records of King County, Washington and the north margin of Southeast
304th Way;
Thence northwesterly and westerly along said City Limits of Auburn and
along the north margin of Southeast 304th Way to the southwest corner of
Lot 24 of said plat of Hazelwood Heights;
Thence northwesterly along said City Limits of Auburn and along the
southwesterly boundary of said Lot 24 to the northwest corner thereof;
Thence northeasterly and northerly along said City Limits of Auburn and
along the northwest and west boundary of said plat of Hazelwood Heights to
an intersection with the east line of the City Limits of Auburn as annexed
under Auburn City Ordinance No. 3266;
Thence north along said City Limits of Auburn annexed under Auburn City
Ordinance No. 3266 and along the east line of the southwest quarter of said
Section 5 to the northeast corner of the southwest quarter of said Section 5;
Thence west along said City Limits of Auburn and along the north line of the
southwest quarter of said Section 5 to a point 208.71 feet east of the
northwest corner of the northeast quarter of said southwest quarter of said
Section 5;
Thence north along said City Limits of Auburn and parallel with the east line
of Government Lot 6 of said Section 5 a distance of 417.40 feet;
Thence west along said City Limits of Auburn and parallel with the south line
of the southeast quarter of the northwest quarter of said Section 5 to the east
line of said Government Lot 6;
Thence north along said City Limits of Auburn and along the east line of said
Government Lot 6 to the northeast corner thereof and to the southeast
corner of the City Limits of Auburn annexed under Auburn City Ordinance
No. 4710 and the southeast corner of Government Lot 4 of said Section 5;
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November 13, 2007
Page 8
Thence north along said City Limits of Auburn annexed under Auburn City
Ordinance No. 4710, along the east line of said Government Lot 4 and along
the east line of Government Lot 2 in said Section 32 to an intersection with
the southeast corner of the City Limits of Kent annexed under Kent City
Ordinance 3171;
Thence north along said City Limits of Kent and along the east lines of Lots
1, 2 and 3 of King County Short Plat SP279079R, recorded under King
County Recording number 8011070875 and along the east lines of Lots 2, 3
and 4 of King County Short Plat SP1078096R, recorded under King County
Recording number 8011070874 to the point of beginning;
Except those portions as annexed to the City of Auburn under Auburn City
Ordinances 3889, 5980, 5982, and 5983, and those portions as annexed to
the City of Kent under Kent City Ordinances 2743.
SITUATE IN KING COUNTY, WASHINGTON.
Section 3. Upon the effective date of the annexation, the property hereby
annexed shall be assessed and taxed at the same rate and on the same basis as other
property within the City of Auburn is assessed and taxed to pay for any outstanding
general indebtedness of the City to which the area was annexed.
Section 4. If the conditions in this section are met, the annexation of the
property will become effective on 12:01 a.m. on January 1, 2008 and the property shall
become part of the City of Auburn, subject to all of the laws and ordinances of the City
then otherwise provided by law.
The annexation is further conditioned on verification by the State of Washington
Office of Financial Management, received by the City not later than December 31,
2007, that this annexation meets the minimum 10,000 population requirement to be
eligible to receive the Incentive Tax Dollars under RCW 82.14.415 and the King County
annexation incentive program.
Ordinance No. 6121
November 13, 2007
Page 9
Section 5. Within ten (10) days after the effective date of the annexation
referred to in this Ordinance, the Auburn City Clerk shall send to the Office of the Clerk
of the County Council a Certified copy of this Ordinance together with a copy of a letter
from the Executive Secretary of the King County Boundary Review Board, which letter
sets forth the decision of the Boundary Review Board relating to this annexation (King
County Boundary Review Board File Number 2249).
Section 6. The Auburn City Clerk shall record a certified copy of this
Ordinance with the King County Records, Elections and Licensing Services Division.
Section 7. The Mayor is hereby authorized to implement such administrative
procedures as may be necessary to carry out the directions of this legislation.
Section 8. If any section, subsection, clause, phrase, or sentence, of this
Ordinance, is for any reason held to be invalid or unconstitutional, such invalidity or
unconstitutionality of the remaining portions of this ordinance, as it is being hereby
expressly declared that this ordinance and each section, subsections, clause, phrase,
or sentence, hereof would have been prepared, proposed, adopted, and approved and
ratified irrespective of the fact that any one or more section, subsection, clause, phase,
or sentence, be declared invalid or unconstitutional.
Ordinance No. 6121
November 13, 2007
Page 10
Section 9. This Ordinance shall take effect and be in force five days from and
after its passage, approval and publication as provided by law, Provided that the
annexation shall become effective as set forth in Section 3 hereof.
INTRODUCED: NOV 1 9 200
PASSED: NOV 1 9 200?
APPRO NOV 1 9 2007
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PETER B. LEWIS, MAYOR
ATTEST:
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Dan' Ile E. Daskam, City Clerk
APB'i~O~ED/P,~Tfl F
Daniel B. Heid, City
PUBLISHED: %l ~/' ~ ~.-f'y 7
Ordinance No. 6121
November 13, 2007
Page 11