HomeMy WebLinkAbout6122ORDINANCE N0.6 1 2 2
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, ANNEXING AN UNINCORPORATED
AREA IN KING COUNTY, WASHINGTON, OF APPROXIMATELY
1,215 ACRES CONTIGUOUS TO THE CORPORATE LIMITS OF
THE CITY KNOWN AS THE "WEST 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 16th day of April, 2007, the City Council of the City of
Auburn, Washington, passed its Resolution Numbers 4139 and 4177 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 West 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. 6122
November 19, 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:
Ordinance No. 6122
November 19, 2007
Page 2
Section 1. In considering this annexation, the City Council held public
hearings and has reviewed all sources of revenue and examined the projected
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
West Hill Annexation Area
Legal Description
Those portions of Sections 2, 3, 10, 11, 14, and 15, Township 21 North,
Range 4 East, and Sections 34, 35 and 36, Township 22 North, Range 4
East, Willamette Meridian in King County, Washington described as follows:
Beginning at the intersection of the north right-of-way margin of South 288th
Street and the west right-of-way margin of 55th Avenue South (aka Harry A.
Able Road, County Road No. 2515), in the southwest quarter of the
southwest quarter of said Section 35;
Thence in a northerly direction, along said west right of way margin, to an
intersection with the north line of the south half of the southwest quarter of
the southwest quarter of said Section 35;
Thence easterly, along said north line, to an intersection with the east line of
the west half of the west half of said Section 35;
Thence northerly, along said east line, to an intersection with the north line of
the south half of the south half of said Section 35;
Ordinance No. 6122
November 19, 2007
Page 3
Thence easterly along said north line to the east line of said Section 35;
Thence continuing easterly along the north line of the south half of the south
half of said Section 36, to an intersection with the east right-of-way margin of
SR - 181 (aka 68th Avenue South, West Valley Highway);
Thence southerly, along said east margin, to an intersection with the City
Limits of Auburn as annexed under Auburn City Ordinance No. 3990 and the
northeast corner of the south 486.18 feet of the west 30 feet of the southwest
quarter of said Section 36;
Thence west along said City Limits of Auburn, along the north line of the
south 486.18 feet of the southwest quarter of said Section 36, and along the
north line of the south 486.18 feet of the southeast quarter of said Section 35
to the northwest corner of said City Limits of Auburn;
Thence south along said City Limits of Auburn and along the west line of the
east 1321.29 feet of the southeast quarter of said Section 35 to the south line
of said Section 35;
Thence east along said City Limits of Auburn and along said south line of
said Section 35 to the northwest corner of the City Limits of Auburn as
annexed under Auburn City Ordinance No. 2605;
Thence south along said City Limits of Auburn and along a line parallel with
the east line of Government Lot 1 of said Section 2 a distance of 351.12 feet;
Thence east along said City Limits of Auburn and along a line parallel with
the north line of said Government Lot 1 a distance of 33.0 feet;
Thence south along said City Limits of Auburn and along a line parallel with
said east line of Government Lot 1 to a point on the north line of the south
1236 feet of the southeast quarter of the northeast quarter of said Section 2
and 1108.8 feet west of the east line of said Section 2;
Thence east along said City Limits of Auburn and along said north line of the
south 1236 feet of the southeast quarter of the northeast quarter of said
Section 2 to the northerly right of way margin of South 292nd Street
(Meredith Road);
Thence east along said City Limits of Auburn and along said northerly right of
way margin of South 292nd Street to the northwest corner of the City Limits
of Auburn as annexed under Auburn City Ordinance No. 4139;
Ordinance No. 6122
November 19, 2007
Page 4
Thence south along said City Limits of Auburn to the southwest corner of
said City Limits annexed under Auburn City Ordinance 4139;
Thence east along said City Limits of Auburn to the east line of the northeast
quarter of said Section 2 and an intersection with the City Limits of Auburn as
annexed under Auburn City Ordinance 1913;
Thence south along said City Limits of Auburn and along the east line of the
east half of said Section 2 to an intersection with the City Limits of Auburn as
annexed under Auburn City Ordinance 4606, said intersection being at the
northeast corner of the south half of the northeast quarter of the southeast
quarter of the southeast quarter of said Section 2;
Thence west along said City Limits of Auburn and along the north line of last
said subdivision to the northwest corner of the south half of the northeast
quarter of the southeast quarter of the southeast quarter of said Section 2;
Thence south along said City Limits of Auburn and along the west line of the
east half of the east half of the east half of said Section 2 to an intersection
with the City Limits of Auburn as annexed under Auburn City Ordinance
1999;
Thence south along said City Limits of Auburn and along the west line of the
east half of the east half of the east half of said Section 2 to an angle point in
the boundary of said City Limits of Auburn as annexed under Auburn City
Ordinance 1999 ;
Thence west along said City Limits of Auburn and along the north line of the
south half of the southwest quarter of the southeast quarter of the southeast
quarter of said Section 2 to the most westerly northwest corner of said City
Limits of Auburn as annexed under Auburn City Ordinance 1999;
Thence south along said City Limits of Auburn and along the west line of the
southwest quarter of the southeast quarter of the southeast quarter of said
Section 2 to the southwest corner of said City Limits of Auburn as annexed
under Auburn City Ordinance 1999, the south line of the southeast quarter of
said Section 2, and an intersection with the City Limits of Auburn as annexed
under Auburn City Ordinance 1913;
Thence west along said City Limits of Auburn and along the south line of said
southeast quarter of said Section 2 to the southeast corner of the southwest
quarter of said Section 2 and the northeast corner of the City Limits of
Auburn as annexed under Auburn City Ordinance 3915;
Ordinance No. 6122
November 19, 2007
Page 5
Thence west along said City Limits of Auburn and along the south line of said
southwest quarter of said Section 2 to the northwest corner said City Limits
of Auburn annexed under Auburn Ordinance 3915 and the northwest corner
of Lot 6, Block 3 of Auburn Heights Park Division No. 2 recorded in Volume
49 of Plats at Page 99, records of King County, Washington;
Thence south along said City Limits of Auburn and along the west line of said
Lot 6 to the southwest corner of said Lot 6 and the north right of way margin
of South 305th Street;
Thence easterly and southeasterly along said City Limits of Auburn and
along said north right of way margin and ,along the northeast right of way
margin of 58th Avenue South to the most westerly corner of the City Limits
of Auburn annexed under Auburn Ordinance 3457;
Thence continuing southeasterly along said City Limits of Auburn and along
said northeast right of way margin of 58th Avenue South to the most
southerly corner of the City Limits of Auburn annexed under Auburn
Ordinance 3457 and the most southerly corner of Lot 93 of the Plat of
Morning Crest recorded in Volume 116 of Plats at Pages 4 and 5, records of
King County, Washington;
Thence northeasterly along said City Limits of Auburn and along the
southeasterly line of said plat of Morning Crest to the east line of the
northwest quarter of said Section 11 and an intersection with the City Limits
of Auburn annexed under Auburn Ordinance 1913;
Thence south along said City Limits of Auburn and along the east line of the
northwest quarter of said Section 11 to the southeast corner of the northeast
quarter of the northwest quarter of said Section 11;
Thence west along said City Limits of Auburn and along the south line of said
northeast quarter of the northwest quarter of said Section 11 to the
southwest corner of said northeast quarter of the northwest quarter of said
Section 11;
Thence south along said City Limits of Auburn and along the east line of the
southwest quarter of the northwest quarter of said Section 11 and along the
east line of the northwest quarter of the southwest quarter of said Section 11
to an angle point in the City Limits of Auburn annexed under Auburn
Ordinance 1913 at the southeast corner of the northwest quarter of the
southwest quarter of said Section 11;
Ordinance No. 6122
November 19, 2007
Page 6
Thence east along said City Limits of Auburn and along the north line of the
southeast quarter of the southwest of said Section 11 to the northwest corner
of the City Limits of Auburn annexed under Auburn Ordinance 4979;
Thence south along said City Limits of Auburn and along the west line of the
Plat of Dorrie Lane as recorded in Volume 194 of Plats at Page 72, records
of King County, Washington to the southwest corner of Lot 9 of said Plat of
Dorrie Lane;
Thence east along said City Limits of Auburn and along the south line of the
Plat of Dorrie Lane to the northwest corner of the City Limits of Auburn
annexed under Auburn Ordinance 5153;
Thence south along said City Limits of Auburn to the southwest corner of the
City Limits of Auburn annexed under Auburn Ordinance 5153 and the north
right of way margin of South 318th Street;
Thence east along said City Limits of Auburn and along said north right of
way margin of South 318th Street to the east line of the southeast quarter of
the southwest quarter of said Section 11 and an intersection with the City
Limits of Auburn annexed under Auburn Ordinance 1913;
Thence south along said City Limits of Auburn and along the east line of the
southeast quarter of the southwest quarter of said Section 11 to the
southeast corner of the southwest quarter of said Section 11 and an
intersection with the City Limits of Auburn annexed under Auburn Ordinance
1387;
Thence south along said City Limits of Auburn and along the east line of the
northwest quarter of said Section 14 to the easterly extension of the north
line of Tract 40 of the plat of West Auburn Five Acre Tracts as recorded in
Volume 15 of Plats at page 12, records of King county, Washington, and the
northeast corner of the City Limits of Auburn annexed under Auburn
Ordinance 5987;
Thence west along said City Limits of Auburn, along said easterly extension
of the north line of said Tract 40, along the north line of said Tract 40, and
along its westerly extension to the west line of 58th Avenue South;
Thence south along said City Limits of Auburn and along the west line of
58th Avenue South to an intersection with the City Limits of Auburn annexed
under Auburn Ordinance 5988;
Thence south along said City Limits of Auburn and along the west line of
58th Avenue South to the north right of way margin of South 328th Street
Ordinance No. 6122
November 19, 2007
Page 7
and an angle point in the City Limits of Auburn annexed under Auburn
Ordinance 5988;
Thence west along said City Limits of Auburn and along the north right of
way margin of South 328th Street to the east right of way margin of 56th
Avenue South and the northwest corner of the City Limits of Auburn annexed
under Auburn Ordinance 5988;
Thence south along said City Limits of Auburn and along the east right of
way margin of 56th Avenue South to the southwest corner of Tract 59 of said
Plat of West Auburn Five Acre Tracts and the southwest corner of the City
Limits of Auburn annexed under Auburn Ordinance 5988;
Thence east along said City Limits of Auburn, along the south line of said
Tract 59, and along its easterly extension to the east right of way margin of
58th Avenue South and an intersection with the City Limits of Auburn
annexed under Auburn Ordinance 3242;
Thence south along said City Limits of Auburn and along the east right of
way margin of 58th Avenue South to the southwest corner of Tract 71 of said
Plat of West Auburn Five Acre Tracts arrd an intersection with the City Limits
of Auburn annexed under Auburn Ordinance 5981;
Thence south along said City Limits of Auburn and along a line that is parallel
with the west line of the east half of the east half of the southwest quarter of
said Section 14 to the south right of way margin of South 331st Street and an
angle point in the City Limits of Auburn annexed under Auburn Ordinance
5981;
Thence west along said City Limits of Auburn and along the south right of
way margin of South 331st Street to the northwest corner of Tract 76 of said
Plat of West Auburn Five Acre Tracts;
Thence south along said City Limits of Auburn and along the west line of said
Tract 76 to the north right of way margin of State Route 18 (aka P.S.H. No.
2);
Thence east along said City Limits of Auburn and along the north right of way
margin of State Route 18 to the east line of the southwest quarter of said
Section 14 and an intersection with the City Limits of Auburn annexed under
Auburn Ordinance 1387;
Thence south along said City Limits of Auburn and along said east line of the
southwest quarter of said Section 14 to the southeast corner of the
Ordinance No. 6122
November 19, 2007
Page 8
southwest quarter of said Section 14 and an angle point in the City Limits of
Auburn annexed under Auburn Ordinance 1387;
Thence west along said City Limits of Auburn and along the south line of the
southwest quarter of said Section 14 to an intersection with the City Limits of
Auburn annexed under Auburn Ordinance 2543;
Thence west along said City Limits of Auburn, along the north right of way
margin of South 336th Street and along the south line of the southwest
quarter of said Section 14 to the northwest corner of the City Limits of Auburn
annexed under Auburn Ordinance 2543;
Thence west along the north right of way margin of South 336th Street and
along the south line of the southwest quarter of said Section 14 to an
intersection with the east line of the west half of the west half of said Section
14;
Thence north along said east line to .the southerly right of way margin of
relocated Peasley Canyon Road as described in Governor's Deed recorded
under recording number 7308300450, records of King County, Washington;
Thence west along said southerly right of way margin of Peasley Canyon
Road to the east line of said Section 15;
Thence north along said east line of said Section 15 to the northerly right of
way margin of State Route 18 (P.S.H. No. 2);
Thence west along said northerly right of way margin of State Route 18 to
the easterly right of way margin of South Peasley Canyon Road;
Thence northwesterly along said easterly right of way margin of South
Peasley Canyon Road to the south right of way margin of south 321st Street;
Thence easterly and northeasterly along said south right of way margin of
South 321st Street to the east right of way margin of 51st Avenue South;
Thence northerly along said east right of way margin of 51st Avenue South to
a point 250 feet south of the south right of way margin of South 304th Street;
Thence west perpendicular to said margin of 51st Avenue South to the west
right of way margin of said 51st Avenue South;
Thence north along said west right of way margin a distance of 250 feet to
the south right of way margin of South 304th Street;
Ordinance No. 6122
November 19, 2007
Page 9
Thence west, 12.00 feet, more or less, along said south margin of South
304th Street to the southerly extension of the west right of way margin of
51st Avenue South;
Thence north along said southerly extension, along the west right of way
margin of 51st Avenue South and along its northerly extension to the north
right of way margin of South 288th Street;
Thence east along said north right of way margin of South 288th Street to an
intersection with the west right of way margin of 55th Avenue South and the
point of beginning.
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 on or before December 31, 2007, that
property subject of an annexation vote on August 21, 2007, for annexation into the City
of Auburn, or any part thereof, whether this or another 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.
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
Ordinance No. 6122
November 19, 2007
Page 10
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 No. 2250).
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. 6122
November 19, 2007
Page 11
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 2007
PASSED: NOV 1 9 2007
APPR,F~V~ ~ N V_.,1 9 2007
~~
_~
PETER B. LEWIS, MAYOR
ATTEST:
Da ~ Ile E. Daskam, City Clerk
APP6tbVk~D Qc~T-6~FORM:
el'B. Heid, City Attorney
PUBLISHED: - ~ ~~-OIJ
Ordinance No. 6122
November 19, 2007
Page 12