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HomeMy WebLinkAbout3506ORDINANCE NO. 3506 AN ORDINANCE of the City Council of the City of Kent, Washington, relating to modification of boundaries by 42"d Avenue South to remove King County's jurisdiction in that portion of the affected roadway, pursuant to RCW 35A.21.210. WHEREAS, on October 5, 1970, the City of Kent passed Ordinance No. 1681, attached and incorporated as Exhibit "A," enacting its "McCann Annexation," which was located generally west of the Green River and included portions of 42"d Avenue South, north of South 216d' Street and south of South 212'h Street; and WHEREAS, on January 9, 1989, King County, passed its Ordinance No. 8820, attached and incorporated as Exhibit `B," which approved the incorporation and established the city limits of the City of Sea -Tac, subject to an election approving that incorporation; and WHEREAS, the legal descriptions of the City's "McCann Annexation" the City of Sea-Tac's incorporated boundaries did not meet in the vicinity of 42"d South, north of South 216'h Street and south of South 212'' Street, leaving a ha segment of 42"d Avenue South still within the jurisdiction of King County; and 42"d Avenue South Boundary Revision WHEREAS, RCW 35A.21.210 provides a method for the City of Kent and King County to modify this boundary to remove King County's jurisdiction over this portion of 42"d Avenue South and to convoy that jurisdiction to the City of Kent; NOW THEREFORE, THE CITY COUNCIL OF T E- CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. In order to 'simplify jurisdictional issues as well as the ongoing maintenance of 42"d Avenue South, the City of Kent hereby expresses its intent to fully include the full width of 42"d Avenue South within the boundaries of the City of Kent. A description of that portion of 42"d Avenue South that still remains within the boundaries and jurisdiction of King County is attached and incorporated as Exhibit "C." SECTION Z The Mayor is authorized to enter into any agreements or perform any other acts necessary to complete this revision of the City's corporate boi along 42"d Avenue South, so long as consistent with the intent of this ordinance and 35A.21.210. SECTION 3. — Severability, If any one or more section, subsections, or sentences of this Ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect. SECTION 4. — Effective Dare. This ordinance shall take effect and be in force thirty (30) days from and after its passage as provided by law. 2 42"d Avenue South Boundary Revision ATTEST: B NDA JACOBE, C Y CLERK APPROVED AS TO FORM: LUBOVICH, PASSED: a ! day of -12000 APPROVED: a ! day of c_La�t / [ �4 r-�- 12000. PUBLISHED: �4 day of `'YY1a h e jwj 2000. I hereby certify that this is a true copy of Ordinance No. 3 So 6 by the City Council of the City of Kent, Washington, and approved by the Mayor of the City of Kent as hereon indicated. P:\Civil\OrGw�ceM2MAvc$outM1-BauoderyAevM1ian.doc 4� :c:u.:VATIGIG!, 1.3 21 "Mai I W&GIRMIN 'A 42"'Avenue South Boundary Revision lent by: Polygon 1 .! 2 3 4 7 or ne B 9 0 10 �a 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 26 29 3o 425 709 6975; 11/ ORDINANCE NO.� J! 01/24 0 11:31AM;JttEa g940;Page 2/10 f Reco- C', I- 7 ; I. , AN ORDINANCE of the City, of Rent, Wash- ington, annexing to the City certain lands contiguous thereto and commonly referred to as the "McCANN ANNEXATION". WHEREAS, in accordance with ACW 3SA.14 of the Laws of the ite of Washington the owners of not less than seventy-five (75%) :cent in value according to the assessed valuation for general cation of certain lands situated in King County, Washington, I more particularly described hereinalfter in this ordinance, '.ed with the City Council of the city of Kent, Washington, their ;ition in writing to have annexed to the city the_said described id, and WHEREAS, in accordance with RCW 35A. 14 of the Laws of t State of Washington various proceedings were had, and WHEREAS, notice of intention to annex was filed with the Lg County Boundary Review Board and Whereas no request for review any,peraon was received by the Board and the Board did not on its motion invoke jurisdiction, then in accordance with RCW 36.93.10 the Laws of the State of Washington;, said notice of intention to ,ex was deemed to be approved as of September 8, 1970, and WHEREAS, thereafter public hearings were held on said exation pursuant to proper notices (therefor before the Kent y Council, and . WHEREAS, it appears to the City Council of the City of t, Washington, that said annexation. meets the regnireauents eified by law, the procedures from the filing with the City of t by the requisite number of property owners of their notice intention to commence annexation proceedings, to and including consideration of the passage of this Ordinance also meet the uirements specified by law and the lands sought to be annexed contiguous to the City of Kent and have not heretofore been orporated in or as a City or Town, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, HINGTON, DO ORDAIN AS FOLLOWS: Section 1. That there shall be annexed to the City of t. Washington, the following described land situated in the -1- Sent by: Polygon 425 709 8975; 01/2(t"+0 11:31AM;JetFu #940; Page 3/10 1 ounty of King, State of Washington, to -wits 2 That portion of Section} 10, Township 22, North Range 4 E.W.M., and Section 11, 3 Township 22, North Rangge 4 E.W.M. in King County defined as rolldWs= 4 Lr. Beginning at the center of Section 10 being O 5 _ the True Point of Begi ping of property here- in described; thence N nth along the center {� 6 line of 42nd Avenue South as defined by King County Survey Number " OSSA" to its inter- n 7 section with the North-South center section line of said section 10. Thence North along e said center section line to the North margin of South 212th Street; Thence South and East g along said North margin to the Bast margin of Russell Road; thence Southerly along said 10 East margin to a point of intersection with the Bast Sine of Section 10 thence North along 11 said East section line,to the East one quarter corner of section 10 thence West along the 12 East-West center section line of Section 10 to the True point of Beginning. 13 Section 2. That the property hereby annexed shall be 14 aseSSOd and taxed at the same rate and on the same basis as other ISProperty within the City of Kent is assessed and taxed to pay for 18 xny outstanding general indebtedness of the City to which the area as annexed and which was contracted prior to or in existence at 17 he effective date of this annexation.:. 18 Section 3. That upon the 10th day of November, 1970, 19 the annexation of said property will become effective and said property shall become a part of the City of Kent, subject to all 20 f the laws and ordinances of the City that and thereafter in 21 ffect except as otherwise provided by law. 22 Section 4• Notice is hereby given that as of the ffective date of this annexation all franchises or permits here- 23 ofore granted to any person, firm or corporation by the State of 24 ashington, or by the governing body of the annexed territory, 25 uthorizing or otherwise permitting the operation of any public ransportation, garbage collection ands/or disposal or other similar 26 ublic service business or facility within the limits of the annexe 27 erritory are cancelled; but the holder of any such franchise or 28 ermits herewith cancelled are herewith granted by the City of Kent he franchise to continue such business within the annexed territor; 29 Innexation. or a period of five (5) years from the effective date of this 30 -2- Sent by: Polygon V U: U9 n 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 425 709 8975; 01/24/-00 11:32AM;]e[Fau g940;Page 4/10 Section S. Within thirty (30) days from the passage, 1proval and publication of this Ordinajnce as provided by law, the ty Clerk of the city of Kent shall under the directions of the .yor of the City of Rent determine the resident population of the hexed territory which population determination shall consist of actual enumeration of the population which shall be made in eordance with practices and policies and subject to approval of e Planning and Community Affairs Agency of the State of Washing- * and which population shall be determined as of the effective to of annexation as specified in this Ordinance. Section 6. Within thirty (30) days after the effective to of the annexation referred to in this ordinance, the City Clerk the City of Kent shall prepare a cattificate signed by the Mayor d attested by the City Clerk in such form and containing such formation as shall be prescribed by the Planning and Community fairs Agency of the State of Washington and said city Clerk shall ereafter submit said certificate in triplicate to the Planning d Community Affairs Agency of the State of Washington, along with A population determination of the annexed area as above set forth, a £urther,along with a legal description and a map showing speci- oally the boundaries of the annexed territory.. Section 7. This ordinance shall take effect and be in coo five (5) days from and after its .passage, approval and publi- tion as provided by law and subject to the provisions of Section 3 ST: AS TO FORM: .(Q c hA -3- ISAHEL OGAI , KAYOR Sent by: Polygon e 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 16 19 20 21 22 23 24 25 26 27 28 29 30 425 709 8975; assed the ,5-J day of October, 1970, pproved the led ay of October, 1970. abliahed the !__day of October, 1970. 01/24/00 11:32AM;Jjffji g940;Page 5/10 I hereby certify that this is a true copy of ordinance 1b91 , passed by the City Council of the City of Kent I approved by the Mayor of the City of Kent as hereon indicated. -4- (SEAL MA"E ,7E e!3 City Clerk rA r � i,, ° A 111 Sent 8y: Polygon 425 709 8975; O1/24IM 11:32AM• , ,JelFau #940;Page 8110 necelVey: 72/29/99 77:27AN' -> POLYGON a THWESTI Page 1 Doc 12:20A ,.:;;;' P-01 3 1 2 s 4 5 6 7 s 9 1e 11 12 is 14 15 18 17 18 19 20 21 22 23, 24 26 26 27 28 29 so 31 32 38 January 4, 1989(2) Introduced by: Nickels/aar4en 2193[/hdm:mis Proposed No.: 89-32} ORDINANCE No, 8 Q A0 O ) AN ORDINANCE establishing the date for an election to determine whether an area known as Sea -Tac shall be incorporated as a non -charter code city. PREAMBLE: Pursuant to the provisions of Chapter 35A.03 of the Revised Code of WashinyyLana a petition for incorporation as a non -charter code city, signed by qualified voters resident within the limits of the proposed city equal in number to ten percent of the votes cast in the proposed area at the last preceeding general state election has been presented to the Records and Elections Division, The petition for incorporation states: that the form of government under which the proposed city will operate in the event it is inoorporated shall be Council -Manager, sets forth the proposed boundaries of the proposed corporation, states that the name shall be the City of Sea -Tac and that the number of inhabitants therein as nearly as may be, is 38,000 and pray that it may be incorporated. The Superintendent of Elections has determined that the petition for i corporation does not violate the prohibitions contained in R W 35A.03.101 with regard to number of inhabitants an that there are a sufficient number of valid signatures an the petition. Pursuant to the provisions of RCN 36,93.100 the Boundary Revie Board (ERB) inYoked jurisdiction and in accordance with RCW 36.39.160 on 00cember S. 1988, filed its written decision approving with modifications the proposed incorporation. No appeal has been filed. Pursuant to Chapter 29.13.010 and RCW 35.02.078, the council deems 'an emerg.ency exists for purpose of calling a special election. BE IT ORDAINED BY. THE COUNCIL OF KING COUNTY: SECTION 1. The King County Bounary Review Board has deemed V matter of an election for incorporation of Sea -Tac approved as o: ecember T988. SECTION 2. The name of the proposed city shall be City of ea -Tac. SECTION 3. The official population of the proposed City of ea -Tac, if Incorporated, shall be 38,000. . salt 3ent,by: Polygon 425 709 8975; Reeeivei;ie 12/20/99 11:20A Dec -29-99 11:20A f 1 2 9 4 S 6 7 8 9 10 t1 12 13 14 1s 16 17 18 1s 20 21 22 23 24 25 26 27 28 29 30 31 32 30 01/24/.00 11:33AM;Je[Fax #940; Page 7/10 > POLYQd IORTHWEOT; Pape 2 P.02 8820 SECTION 4_ A special election shall be held on theil4th day o 1 larch 1989, within the area of the proposed City of Sed -Tac, as iereinafter described, for the purpose of submitting to the lualified elector$ the determination of whether it shall be ncorporated as a non -charter code city, under the Council -Manage Plan of government proposed in the petition. SECTION S. The ballot title shall be as directed by statute. SECTION 6. The boundaries of the territory proposed for annexation are hereby described as follows: Beginning at too intersection of the North margin of South 28th Street with the West margin of Des Moines Memorial Drive iouth loss Moines Way South), - said point being located in the southwest 1/4 Section 9, Township 23 N, Range 4E, W.M., King :runty, Washington: Thence East along said North margin of South 128th Street to its intersection With the East margin Of Military Road South located in the SE.. 1/4 of Section 9, Township 23 N. Range 4 E. W.t Thence Southerly along said margin of Military Road South to its intersection With the Southeasterly margin of said Pacific iighway South located in the SW 1/4 of Section 22, Township 23 N longe 4 E, W.M.; Thence Southwesterly along said margin of Pacific Highway Sou to its intersection with the North margin of South 160th Street; Thence East along said margin of South 160th Street to its intersection with the East margin of 42nd Avenue South and city limits of Tukwila as established by Ordinance 1343; Thence South, along the existing Westerly city limits of Tukwila, as established by Ordinance 1343 to the South line of t Southwest 1/4 of 'the Southeast 1/4 of said Section 22; Thence' continuing South, East, South, East, South and then Ea along the existing Westerly city limits of Tukwila, segments of which are establi'.shed in part by Ordinances 1343, 1365 and 312 t the East line of the Southeast 1/4 of the Northeast 1/4 of Secti 27, Township 23N, Range 4E. M.M.; Thence'East and South along the westerly city limits of Tukwila: segments of which are established in part by Ordinance 312 and 247 t0 itqs intersection with the area annexed to Tukwila by Ordinance 1ZOy being also on the North line of the Southwest 1/4 Section 26, township 23N, Range 4E. W.M.: Thence generally Southerly alontg the Westerly city limits of Tukwila, segments of which are esablished in part by Ordinance 1205, to its intersection with the west margin of 53r4 Avenue South:Thence Sogth along said margin to its intersection with West margin of t e S.R. line as deeded from the State of Washington to King County in AF8107060294: 2193C/hdm/1-4-89 - 2 ant by: Polygon 425 709 8975;, 01/24[nO 11:33AM;)etFa: #940; Page 8/10 Recelvaly: 12/28/99 11:2941 _ -a POLVOO, fORTHWEST.- Page 3 T�, i Dec -29-99 11:21A 1.:J i,:, X. P-03 1 2 9 4 6 e 7 e 9 10 11 12 13 14 15 Is 17 is l9 20 21 22 23 24 25 26 27 Thence Southerly along said west margin to its intersection with the North boundary of that area as annexed to Tukryila by Ordinance 314; , Thence West,Sooth, East and Southerly along the existing city limits of Tukwila to the North line of the Northwest lh4 of Section 35, Township 23N, Range 4E; 11 Thence Westerly and generally Southeasterly along the Westerly and Southerly city limits of Tukwila, segments of which are established in part by Ordinance 530, 247 and 269, to its intersection with the East margin of P.S.H. No. 1 SSR 5) in the Sk 1/4 of the SN 1/4 Section 35, Township 23 N, Range 4E, W.M Thence generally Southwesterly along said Easterly margin of P.S.H. No. 1 to the South line of ,the NE 1/4 of the SW 1/4 Sectior 3, Township 22N; Range 4E, W.M.; Thence East to the Southeast corner of said subdivision; Thence South OOr11-45 East ISO feet distance more or less to the Northwesterly Margin of Orillia Road South; Thence South along said margin to the West margin of 42nd Avenue South; Thence South along said margin to the North margin of south 216th Street; Thence Westerly along said margin and Northerly margins of 40C Place South and 37th Place South to the North line of the Southwest 1/4 of said Section 10; Thence West along said North line to the East line of the West 1/2 of said Southwest 1/4 Section 10; Thence South allong said East line to its intersection with the North line of that area as annexed to Kent by Ordinance 1400; Thence West and Southerly along said city limits to the South line of said Southwest 1/4 of Section 10: Thence East along said South line and city limit of Kent to th West line of that area as annexed to Kent by Ordinance 1036; Thence•East, Southerly and Westerly along the Westerly city limits of Kent, S4gments of which are established in part by .Ordinance 1036, 11107. 2095, and loss to the South line of the o 'Northwest 1/4 f Section 1S, Township 22 N, Range 4E, M.M.; Thence generally Southerly and Westerly along the Westerly cil limits of Kent, segments of which are established 1n past by Ordinance 1089, 1W and 1089 to the Northeasterly margin of Kent -Des Moines Road; 2a Thence Northwesterly along said margin to the East line of t a9 Southeast 1/4 of Section 16, Township 22N, Range 4E, W.M., and City limits of Kent as estabished by Ordinance 1124; 30 Thence North and Northwesterly along said Kent city limits to 31 its intersection With the city limits of des Moines as establish by Ordinance 366;. 32 Thence continuing North along the Easterly city limits of Oes 9S Moines to the So u'.th line of the Northeast 1/4 of Section 9, Township 22M. Range 4E, W.M.; 2193C/hdm/1-4-39 3 ant by: Polygon 425 709 6975; 01/24/,00 11:33AM;JetFa: #940; Page 9/10 r Receiv.jd: 12/29/99 11129A:-> POLVG� IORTHWEaT; Pap, 4 1. or--\ Oac-29-99 1.1 21A '-'`7 P 0 820 I Thence North 30 feet to the 'North margin of South 216th Street i 2 Thence Westerly along said North margin to the West. margin of 3 Pacific Nighway South and city limits of Des Moines as establIsht by Ordinaoce 731: i 4 Thence Norther y and Westerly along said city limits to the 6 East margin of 24 h Avenue South; 6 Thence North along said margin of 24th Avenue South to the North margin of-Sbath 208th street; 7 Thence Westerly along said North margin extended to the east e line of the plat of Grove Addition to Des Moines as recorded in val. 4 of plats page 83; 9 Thence North along said East line 100 feet more or less to the 10 North margin of South 208th Street (North Street); 11 Thence West along said North margin to the Westerly margin of Des Moines Memorial Drive South; 12 Thence Na rthorly along said margin to the Southwesterly margir 13 of SA -509 right-of-way as located in the NE 1/4 Section 5, Township 22N, Range 4E. W.M.; 14 Thence Northwa terly. Northerly, and Northwesterly along the 15 said Soutbwestar}y margin of SR 509 to the intersection with the Western margin of: Des Moines Memorial Drive South (Des Moines Wa., 16 South) in the Southeast 1/4 of the Northwest 1/4 of Section 29, Township 23N, Range 4F., W.M.; 17 Thence Northerly along said West margin of Des Moines Memoria' 18 Drive South to its intersection with the North margin of South 128th Street and point of beginning. 19 SECTION 7. The notice of election shall be published as 20 required by law. 21 SECTION S. The election shall be conducted pursuant to Chapt 22 35.02 RCW as amended by Section 10. 12, 13 and 14 of Chapter 234 23. Laws of Washington. 1986. 24 25 26 27 28 29 30 91 22 38 2193C/hdm/1-4-89 4 Sent by: Polygon 425 709 8975; 01/24/00 11:33AM;JP(Fa,-#940;Page 10/10 ReeeiveA: 12/29/96 11:MOA1 POLYGOORTNWEST. Pape 5 Dec -29-99 11:22A P OS 1 2 9 4 6 6 7 8 9 10 11 12 19 16 15 16 17 18 19 20 21 22 23 24 25 26 21 28 29 30 31 32 93 � � 1 SECTION 9, AS provided in RCN 29.36.120 and King County l4otio! No. 7393, the King county council requests the manager {of records and election dep4Otment to conduct the election by mails. INTRODUCED AND READ for the first time this 7,7414 day of 1980. PASSED this day of AL_ , 1984, KiTY COUNCIL NG COU S iGTON Ila ATTEST: APPROVED this 1-7y1 day of ,,.". r 1989. 1 oun y :eeu ve 2193C/hdm/1-4-89 5 EXHIBIT C CORE DESIGN, INC. BELLEVUE WA 98007 I :ore Project No: 96098 {vi w00 Legal Description for the City of Kent Annexation Il A strip of land, 30.00 feet in width, over a portion of the northeast quarter and the northwest quarter of Section 10, Township $2 North, f ange 4 East, W.M., King County, Washington, said strip having 15.00 feet on el.ich side of the following described centerline: COMMENCING at the center of said Section 10; thende S89058'34"W along the south line of said northwest quarter, 15.00 feet to the POINT OF BEGINNING of the herein described centerline; thence NOW47'39"E { ,arallel with the north -south centerline of said Section 10, a distance of 852.32 fee1 to a point of tangency with a 969.93 foot radius circular curve to the right; thence[kortherly along said curve, through a central angle of 09°11'00", an arc'distance ppf 155.46 feet to a point of tangency; thence N09'58'39"E 303.02 feet to a point of tangency with a 271.48 foot radius circular curve to the left; thence northerly along said curve, through a central angle of 19037'00", an arc distance of 92,95 fed to a point of tangency; thence N09038'21 "W 243.62 feet to a point of tangenC r with a 940.37 foot radius circular curve to the left; thence northwesterly along said curve, through a central angle of 04015'11 ", an arc distance of 69.801 feet to the terminus of the herein described centerline. i The sidelines of the above described strip of land shall be lengthened or shortened, as required, to intersect at all interior angle points, and the southerly line of said northwest quarter of said Section 10. 11 EXCEPT any portion thereof lying within the northeast quarter of the northwest quarter of said Section 10. 10 / 26 /CM L\Legals, Notes, & Sepas\1996\96098\96098I1071 amiex.doc, 3/15/00, page 1 22 'd 908' Oki DNI NOIS30 32100 Wdes:TT 0002'ST*?idN Retum Address: Attn: City Clerk Q1y of Kent 220 Fourth Ave. S. Kent, WA 98032 WASHINGTON STATE COUNTY AUDITOR/RECORDER'S COVER SHEET Document Title: City of Kent Ordinance No. 3506 relating to modification of boundaries by 42°d Avenue South to remove King County's jurisdiction of the affected roadway pursuant 35A.21.210 RCW Reference Number(s): NIA I Yl 3 2 P N WT tA) ' &) T3 I Z Grantor(s): City of Kent, a Washington municipal corporation Grantee(s): The Public Abbreviated Legal Description: STR 102204, W.M. King County, State of Washington Additional legal description on Exhibit "C" of doculla%documpnttfs►wereMed for recordacibc V,;^sth;vest Trt!e as Assessor's Property Tax Parcel/Account Number(s�mlo,-, ;. It has not peen examined as tc i cl,,Ar eXE'C;t 1cf,, or Project Name: 42°d Avenue South BoundaryEtMAM&Ct cPon tit e f � Retum Address: Attn: City Clerk Q1y of Kent 220 Fourth Ave. S. Kent, WA 98032 WASHINGTON STATE COUNTY AUDITOR/RECORDER'S COVER SHEET Document Title: City of Kent Ordinance No. 3506 relating to modification of boundaries by 42°d Avenue South to remove King County's jurisdiction of the affected roadway pursuant 35A.21.210 RCW Reference Number(s): NIA I Yl 3 2 P N WT tA) ' &) T3 I Z Grantor(s): City of Kent, a Washington municipal corporation Grantee(s): The Public Abbreviated Legal Description: STR 102204, W.M. King County, State of Washington Additional legal description on Exhibit "C" of doculla%documpnttfs►wereMed for recordacibc V,;^sth;vest Trt!e as Assessor's Property Tax Parcel/Account Number(s�mlo,-, ;. It has not peen examined as tc i cl,,Ar eXE'C;t 1cf,, or Project Name: 42°d Avenue South BoundaryEtMAM&Ct cPon tit e