HomeMy WebLinkAboutITEM VIII-A-3
AGENDA BILL APPROVAL FORM
Agenda Subject: Annexation No. 04-0002
Date: July 14, 2005
Department: Planning I Attachments: Ordinance No. 5932
Administrative Recommendation:
Budget Impact:
City Council introduce and adopt Ordinance No. 5932.
Background Summary:
In February, 2004, the City of Auburn accepted the "10 percent Application for Annexation" from
Evergreen Tucci (aka Lakeland East, LCC) to start the annexation process on several parcels of Pierce
County property generally located east/southeast of the existing city limits in that area. Based on that
acceptance, City staff prepared and distributed the 60 percent annexation petitions to the known property
owners within the proposed annexation area. Property owners representing 84% of the total assessed
valuation signed the petition and returned them to the City. In October 2004 the Pierce County Assessor-
Treasurer declared the petitions were sufficient to meet the statutory requirements for the 60% petition
method of annexation. In February 2005, the cities of Auburn and Bonney Lake resolved the issue
involving a parcel that was located partially inside and partially outside of the City of Auburn's PAA. On
May 2nd the City Council conducted a public hearing on the proposed annexation and afterwards
authorized filing their intent to annex with the Pierce County Boundary Review Board. The Pierce County
Boundary Review Board reviewed the annexation and approved it.
The proposed Tucci-Polygon Annexation meets the requirements stipulated by State law. Attached is an
ordinance to execute the annexation effective August 15, 2005. Staff recommends the Council pass it.
L0801-7
Tucci-Polygon Annexation
03.1 ANX04-0002
Reviewed by Council & Committees:
D Arts Commission COUNCIL COMMITTEES:
D Airport 0 Finance
o Hearing Examiner 0 Municipal Servo
o Human Services [8J Planning & CD
o Park Board OPublic Works
o Planning Comm. 0 Other
Reviewed by Departments & Divisions:
o Building 0 M&O
o Cemetery 0 Mayor
o Finance 0 Parks
o Fire [8J Planning
o Legal 0 Police
o Public Works D Human Resources
Action:
Committee Approval: OYes ONo
Council Approval: OYes ONo Call for Public Hearing _/_/-
Referred to Until _/_/-
Tabled Until _/_/-
Councilmember: Norman I Staff: Krauss
Meeting Date: August 1,2005 I Item Number: VIlI.A.3
ORDINANCE NO. 5932
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF AUBURN, WASHINGTON, ANNEXING
APPROXIMATELY 271 ACRES OF LAND LOCATED IN
PIERCE COUNTY AND ADJACENT TO THE CORPORATE
LIMITS OF THE CITY KNOWN AS THE "TUCCI-POLYGON
ANNEXATION"
WHEREAS, in accordance with Chapter 35A.14 RCW, the owners of more
than 60% of value according to the assessed valuation for general ta:<ation of
certain lands in Pierce County, Washington, and more particularly described in
Section 1 of this ordinance, filed their petition with the City Council of the City of
Auburn, petitioning to have annexed to the City of Auburn the said described land;
and
WHEREAS, the Pierce County Assessor's Office on October 22nd, 2004,
certified the aforesaid petition contained the signatures of those property owners
having an assessed valuation of more than sixty (60) percent of the assessed
valuation of the annexation area; and
WHEREAS, the City of Council of the City of Auburn called for and
conducted a public hearing on the proposed annexation on May 2, 2005, and
thereafter authorized filing Auburn's intent to annex said property with thl3 Pierce
County Boundary Review Board; and
WHEREAS, the notice of intention to annex was filed with the, Pierce
County Boundary Review Board and subsequently approved; and
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Ordinance No. 5932
July 27, 2005
Page 1
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WHEREAS, it appears to the City of Auburn that said annexation meets the
requirements specified by law; to and including the consideration of the passage
of this ordinance also meets the requirements specified by law; and the lands
proposed to be annexed are contiguous to the City of Auburn and have not
heretofore been incorporated in as a city or town; and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF A.UBURN,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. That there shall be annexed to the City of Auburn, Washington,
the property situated in the County of Pierce, State of Washington, legally
described as follows:
THOSE PORTIONS OF SECTIONS 5 AND 8, TOWNSHIP 20 NORTH,
RANGE 5 EAST, W.M. IN PIERCE COUNTY WASHINGTON,
DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF LOT 13 OF THE PLAT
OF EASTPOINTE DIVISION 2 AS RECORDED UNDER PIERCE
COUNTY AUDITOR'S NUMBER 200012155001, SAID CORNER BEING
AN ANGLE POINT IN THE EAST LINE OF THE LANDS ANNEXED TO
THE CITY OF AUBURN IN ANNEXATION ORDINANCE 5102 AND THE
TRUE POINT OF BEGINNING FOR THIS DESCRIPTION;
THENCE SOUTHERLY ALONG THE EAST LINE OF SAID PLAT OF
EASTPOINTE DIVISION 2, AND ALONG THE EAST LINE OF SAID
LANDS ANNEXED TO THE CITY OF AUBURN IN ANNEXATION
ORDINANCE 5102 TO THE SOUTH LINE OF THE NORTH HALF OF
THE SOUTH HALF OF THE NORTHWEST QUARTER OF SAID
SECTION 5, AND THE SOUTHEAST CORNER OF LOT 58 OF THE PLA,T
OF SAID PLAT OF EASTPOINTE DIVISION 2;
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Ordinance No. 5932
July 27, 2005
Page 2
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THENCE WESTERLY ALONG SAID SOUTH LINE OF SAID LANDS
ANNEXED TO THE CITY OF AUBURN IN ANNEXATION ORDINANCE
5102, ALONG THE SOUTH LINE OF SAID PLAT OF EASTPOINTE
DIVISION 2, AND ALONG THE SOUTH LINE OF THE PLAT OF
LAKELAND DIVISION 3, PHASE 1 AS RECORDED UNDER PIERCE
COUNTY AUDITOR'S NUMBER 9808055001 TO AN ANGLE POINT IN
LOT 53 OF SAID PLAT OF LAKELAND DIVISION 3, PHASE 1, SAID
ANGLE POINT BEING AT THE NORTHWEST CORNER OF THE
SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE
NORTHWEST QUARTER OF SAID SECTION 5;
THENCE SOUTHERLY ALONG THE EAST LINE OF SAID LANDS
ANNEXED TO THE CITY OF AUBURN IN ANNEXATION ORDINANCE
5102, ALONG THE EAST LINE OF SAID LOT 53, ALONG THE EAST
LINE OF THE PLAT OF LAKELAND DIVISION 3, PHASE 2 AS
RECORDED UNDER PIERCE COUNTY AUDITOR'S NUMBER
9806225001, AND ALONG THE EAST LINE OF THE PLAT OF
EVERGREEN 2 AS RECORDED UNDER PIERCE COUNTY AUDITOR'S
NUMBER 200010165001 TO THE SOUTH LINE OF THE NORTHWEST
QUARTER OF SAID SECTION 5 AND THE NORTH LINE OF THE
LANDS ANNEXED TO THE CITY OF AUBURN IN ANNEXATION
ORDINANCE 5774;
THENCE EASTERLY ALONG SAID NORTH LINE OF THE LANDS
ANNEXED TO THE CITY OF AUBURN IN ANNEXATION ORDINANCE
5774 TO THE NORTHEAST CORNER OF SAID ANNEXATION;
THENCE SOUTHEASTERLY ALONG THE EAST LINE OF SAID LANDS
ANNEXED TO THE CITY OF AUBURN IN ANNEXATION ORDINANCE
5774 TO THE SOUTHEAST CORNER OF THE NORTHWEST QUARTER
OF THE SOUTHWEST QUARTER OF SAID SECTION 5;
THENCE WESTERLY ALONG THE SOUTH LINE OF THE NORTHWEST
QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 5 AND
ALONG THE SOUTH LINE OF THE LANDS ANNEXED TO THE CITY OF
AUBURN IN ANNEXATION ORDINANCE 5774 A DISTANCE OF 1:12
FEET, MORE OR LESS, TO AN ANGLE POINT IN THE EAST LINE OF
THE LANDS ANNEXED TO THE CITY OF AUBURN IN ANNEXATION
ORDINANCE 5512;
THENCE SOUTHERLY ALONG THE EAST LINE OF SAID LANDS
ANNEXED TO THE CITY OF AUBURN IN ANNEXATION ORDINANCE
5512 A DISTANCE OF 669.98 FEET TO AN ANGLE POINT IN THE EAST
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Ordinance No. 5932
July 27, 2005
Page 3
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LINE OF LAST SAID ANNEXATION AND THE SOUTH LINE OF THE
NORTH HALF OF THE SOUTH HALF OF THE SOUTHWEST QUARTER
OF SAID SECTION 5;
THENCE WESTERLY ALONG THE SOUTH LINE SAID LANDS
ANNEXED TO THE CITY OF AUBURN IN ANNEXATION ORDINANCE
5512 AND ALONG THE SOUTH LINE OF THE NORTH HALF OF THE
SOUTH HALF OF THE SOUTHWEST QUARTER OF SAID SECTION 5 A
DISTANCE OF 1162.89 FEET TO THE WEST LINE OF THE
SOUTHWEST QUARTER OF SAID SECTION 5;
THENCE SOUTHERLY ALONG SAID WEST LINE OF THE SOUTHWEST
QUARTER OF SAID SECTION 5, TO THE SOUTHWEST CORNER OF
SAID SECTION 5;
THENCE SOUTHERLY ALONG THE WEST LINE OF SECTION 8,
TOWNSHIP 20 NORTH, RANGE 5 EAST. W,M. TO THE SOUTH LINE
OF THE NORTH HALF OF THE NORTHWEST QUARTER OF THE
NORTHWEST QUARTER OF SECTION 8, TOWNSHIP 20 NORTH,
RANGE 5 EAST;
THENCE EASTERLY ALONG SAID SOUTH LINE OF SAID NORTH HALF
OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF
SAID SECTION 8, TO THE EAST LINE OF THE NORTHWEST
QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 8;
THENCE NORTHERLY ALONG SAID EAST LINE OF THE NORTHWEST
QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 8 TO
THE NORTHEAST CORNER OF THE NORTHWEST QUARTER OF THE
NORTHWEST QUARTER OF SAID SECTION 8;
THENCE EASTERLY ALONG THE NORTH LINE OF THE NORTHWEST
QUARTER OF SAID SECTION 8 AND THE SOUTH LINE OF THE
SOUTHWEST QUARTER OF SAID SECTION 5 A DISTANCE OF 13;~0
FEET, MORE OR LESS, TO THE SOUTH WEST CORNER OF THE
SOUTHEAST QUARTER OF SAID SECTION 5;
THENCE EASTERLY ALONG THE SOUTH LINE OF SAID SOUTHEAST
QUARTER OF SAID SECTION 5 A DISTANCE OF 400 FEET, MORE OR
LESS, TO THE NORTHERLY LINE OF FOREST CANYON ROAD, EiO
FEET IN WIDTH, AS ESTABLISHED BY THE PIERCE COUNTY BOARD
OF COMMISSIONERS MAY 8,1886;
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Ordinance No. 5932
July 27, 2005
Page 4
THENCE NORTHEASTERLY AND EASTERLY ALONG SAID
NORTHERLY LINE OF FOREST CANYON ROAD (16TH STREET EAST)
250 FEET, MORE OR LESS, TO THE WEST LINE OF THE EAST HALF
OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF
SAID SECTION 5;
THENCE NORTHERLY ALONG LAST SAID WEST LINE A DISTANCE
OF 1200 FEET, MORE OR LESS, TO THE SOUTHEASTERLY LINE OF
THE LANDS CONVEYED TO EL PASO NATURAL GAS COMPANY BY
DEED RECORDED UNDER PIERCE COUNTY AUDITOR'S NUMBER
2410280;
THENCE NORTHEASTERLY ALONG SAID SOUTHEASTERLY LINE A
DISTANCE OF 100 FEET, MORE OR LESS, TO THE SOUTH LINE OF
THE NORTH HALF OF THE SOUTHEAST QUARTER OF SAID SECTION
5;
THENCE EASTERLY ALONG LAST SAID SOUTH LINE A DISTANCE OF
1230 FEET, MORE OR LESS, TO THE SOUTHEAST CORNER OF Tt-IE
WEST HALF OF THE NORTHEAST QUARTER OF THE SOUTHEAST
QUARTER OF SAID SECTION 5;
THENCE NORTHERLY ALONG THE EAST LINE OF THE WEST HAL.F
OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF
SAID SECTION 5 A DISTANCE OF 1220 FEET, MORE OR LESS, TO
THE SOUTH LINE OF THE LANDS CONVEYED TO PIERCE COUNTY IN
DEEDS RECORDED UNDER AUDITORS FILE NUMBER 200405180889
AND UNDER AUDITOR'S FILE NUMBER 9902110924;
THENCE EASTERLY ALONG SAID SOUTH LINE AS DESCRIBED IN
SAID DEEDS AND AS DEPICTED IN MAP ON FILE IN THE OFFICE OF
THE DIRECTOR OF PIERCE COUNTY PUBLIC WORKS AND UTILITIES
IN TACOMA, WASHINGTON, ENTITLED "LAKE TAPPS PARKWAY
EAST - RIGHT OF WAY PLAN - CRP 5486" AND BEARING APPROVAL
DATE OF NOVEMBER 17, 2003, A DISTANCE OF 600 FEET, MORE OR
LESS, TO THE WEST LINE OF THE LANDS GRANTED TO PIERCE
COUNTY FOR 182ND AVENUE EAST DESCRIBED IN DEED RECORDED
UNDER PIERCE COUNTY AUDITOR'S NUMBER 2257762;
THENCE NORTHERLY ALONG THE WEST LINE OF 182ND AVENUE
EAST AS DESCRIBED IN INSTRUMENTS RECORDED UNDER
AUDITOR'S NUMBERS 2257762, 2257756, 2257757 AND 2277811 TO
THE SOUTH LINE OF THE NORTH HALF OF THE SOUTHEAST
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Ordinance No. 5932
July 27, 2005
Page 5
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QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 5, AND
AN ANGLE POINT IN THE SOUTH LINE OF THE LANDS ANNEXED TO
THE CITY OF AUBURN IN ANNEXATION ORDINANCE 5501;
THENCE WEST ALONG THE SOUTH LINE OF SAID LANDS ANNEXED
TO THE CITY OF AUBURN IN ANNEXATION ORDINANCE 5501 AND
ALONG THE SOUTH LINE OF THE NORTH HALF OF THE SOUTHEAST
QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 5 A
DISTANCE OF 950 FEET, MORE OR LESS, TO THE EAST LINE OF THE
NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF THE
SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SA.ID
SECTION 5;
THENCE SOUTHERLY ALONG THE LANDS ANNEXED TO THE CITY
OF AUBURN IN ANNEXATION ORDINANCE 5501 AND ALONG SAID
EAST LINE OF THE NORTHWEST QUARTER OF THE SOUTHWEST
QUARTER OF THE SOUTHEAST QUARTER OF THE NORTHEAST
QUARTER OF SAID SECTION 5 A DISTANCE OF 330 FEET, MORE OR
LESS, TO THE SOUTHEAST CORNER OF THE NORTHWEST
QUARTER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST
QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 5;
THENCE WESTERLY ALONG THE LANDS ANNEXED TO THE CITY OF
AUBURN IN ANNEXATION ORDINANCE 5501, ALONG THE SOUTH
LINE OF THE NORTHWEST QUARTER OF THE SOUTHWEST
QUARTER OF THE SOUTHEAST QUARTER OF THE NORTHEAST
QUARTER OF SAID SECTION 5, AND ALONG THE SOUTH LINE
NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF THE
SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID
SECTION 5 A DISTANCE OF 660 FEET, MORE OR LESS, TO THE
NORTHEAST CORNER OF THE SOUTHWEST QUARTER OF HiE
SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE
NORTHEAST QUARTER OF SAID SECTION 5;
THENCE SOUTHERLY ALONG THE LANDS ANNEXED TO THE CITY
OF AUBURN IN ANNEXATION ORDINANCE 5501 AND ALONG THE
EAST LINE OF SOUTHWEST QUARTER OF THE SOUTHEAST
QUARTER OF THE SOUTHWEST QUARTER OF THE NORTHEAST
QUARTER OF SAID SECTION 5 TO THE NORTHERLY LINE OF LAKE
TAPPS PARKWAY RIGHT-OF-WAY AND AN ANGLE POINT IN THE
SOUTH LINE OF SAID LANDS ANNEXED TO THE CITY OF AUBURN IIN
ANNEXATION ORDINANCE 5501;
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Ordinance No. 5932
July 27, 2005
Page 6
THENCE WEST ALONG SAID NORTHERLY LINE OF LAKE TAPPS
PARKWAY RIGHT-OF-WAY AND ALONG THE SOUTH LINE OF SA.ID
LANDS ANNEXED TO THE CITY OF AUBURN IN ANNEXATION
ORDINANCE 5501 A DISTANCE OF 101.63 FEET, MORE OR LESS, TO
THE SOUTHWEST CORNER OF THE LANDS ANNEXED TO THE CITY
OF AUBURN IN ANNEXATION ORDINANCE 5501;
THENCE NORTHWESTERLY ALONG THE WEST LINE OF SAID LANDS
ANNEXED TO THE CITY OF AUBURN IN ANNEXATION ORDINANCE
5501 A DISTANCE OF 532 FEET, MORE OR LESS, TO THE WEST LINE
OF THE EAST HALF OF THE SOUTHWEST QUARTER OF THE
NORTHEAST QUARTER OF SAID SECTION 5;
THENCE NORTHERLY ALONG THE WEST LINE OF SAID LANDS
ANNEXED TO THE CITY OF AUBURN IN ANNEXATION ORDINANCE
5501 AND ALONG SAID WEST LINE OF THE EAST HALF OF THE
SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID
SECTION 5 A DISTANCE OF 850 FEET, MORE OR LESS, TO THE
SOUTH LINE OF GOVERNMENT LOT 2 OF SAID SECTION 5;
THENCE WEST ALONG THE SOUTH LINE OF GOVERNMENT LOTS
NUMBER 2 AND 3A DISTANCE OF 1670 FEET, MORE OR LESS, TO
THE POINT OF BEGINNING.
EXCEPT THE LANDS ANNEXED BY THE CITY OF BONNEY LAKE IN
ANNEXATION ORDINANCE NUMBER 737 APPROVED MARCH 25, 19!~7
BY THE CITY OF BONNEY LAKE, WASHINGTON.
Section 2. That 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 3. That the annexation of the property will become effE~ctive at
12:01 AM on August 15, 2005 and the property shall become part of thl3 City of
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Ordinance No. 5932
July 27, 2005
Page 7
_._-"-~---_._-------_._.~-~_.
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Auburn, subject to all of the laws and ordinances of the City then otherwise
provided by law.
Section 4. Within ten (10) days after the effective date of the annexation
referred to in this ordinance, the City Clerk of the City of Auburn shall send to the
Office of the Clerk of the County Council one (1) certified copy of this Ordinance
together with a copy of a letter from the Executive Secretary of the Piercl3 County
Boundary Review Board, which letter contains a copy of the decision of the
Boundary Review Board relating to this annexation.
Section 5. The City Clerk of the City of Auburn shall record a certilFied copy
of this Ordinance with the Pierce County Auditor's Office.
Section 6. The Mayor is hereby authorized to implement such
administrative procedures as may be necessary to carry out the directions of this
legislation.
Section 7. This Ordinance shall take effect and be in force five days from
and after its passage, approval and publication as provided by law.
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Ordinance No. 5932
July 27, 2005
Page 8
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INTRODUCED:
PASSED:
APPROVED:
PETER B. LEWIS
MAYOR
ATTEST:
Danielle E. Daskam,
City Clerk
APPROVED AS TO FORM:
PUBLISHED:
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Ordinance No. 5932
July 27, 2005
Page 9