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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