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HomeMy WebLinkAbout1794Resolution No. 1794 (Amending or Repealing Resolutions) CFN = 1309 -Panther Lake (Potential) Annexation Passed -9/2/2008 Panther Lake Annexation -Submit to Voters and King County Boundary Review Board RESOLUTION NO. _j'--L...Z...:...f-~..f __ A RESOLUTION of the City Council of the City of Kent, Washington, calling for the annexation, by election, of certain territory contiguous to the City of Kent referred to as the Panther Lake Annexation Area; establishing the boundaries of the annexation area; stating the estimated number of registered voters; declaring that the City will pay the cost of the election; indicating that the ballot proposition will likely address annexation only and not assumption of existing indebtedness or approval of proposed zoning; authorizing the Clerk to file a certified copy of this resolution with the legislative authority of King County and to file a Notice of Intent with the King County Boundary Review Board; authorizing the City Attorney to prepare a ballot title and proposition; and authorizing the Mayor to undertake all other acts reasonably necessary to bring the election proposition before the voters within the annexation area. RECITALS A. The Growth Management Act (GMA) establishes that cities are the primary providers of urban services and encourages cities and counties to work together to define the limits of potential annexation areas. The King County county-wide planning policies established in compliance with the GMA encourage the annexation of large urban unincorporated areas by 2012. 1 Panther Lake Annexation - Submit to Voters and King County Boundary Review Board B. The City of Kent, in conjunction with its neighboring jurisdictions and King County, has determined the limits of its Potential Annexation Area (PAA). The area of unincorporated territory contiguous with the existing boundaries of the City of Kent, known commonly by the City as the Panther Lake Annexation area (and to the County as Kent Northeast PAA), lies within the City of Kent's PAA. The Panther Lake Annexation area consists of approximately 3,200 acres, generally bounded by the City of Renton on the north (generally along SE 192nd St. to the Benson Road, then continuing west along SE 200 Street to lOOth Avenue SE), Big Soos Creek on the east, and contiguous with the existing city limits of the City of Kent on the annexation area's south and west boundaries. C. By direction of the City Council under its Resolution No. 1791, the City has undertaken preliminary study of the financial, land use, and service impacts of annexation of this area to the City, and the City Council has determined that it would serve the best interests and general welfare of the City to call for an election to be held to submit to the voters of the Panther Lake Annexation area the proposal for annexation to Kent. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: RESOLUTION SECTION 1. -Recitals Incorporated as Findings. The preceding Recitals are incorporated into this Resolution as the findings of the Kent City Council. SECTION 2. -Call for Election. The City Council has determined that annexation of the Panther Lake Annexation area would serve the City's 2 Panther Lake Annexation - Submit to Voters and King County Boundary Review Board best interests and general welfare. Accordingly, the Council has determined to call for an election, pursuant to Chapter 35A.14 Revised Code of Washington (RCW), to be held in order to submit to the voters of the Panther Lake Annexation area the proposal for annexation to Kent. To the extent reasonable and practicable, the City Council intends to hold the election at the May 2009 special election. SECTION 3. -Boundaries of Territory to be Annexed. The boundaries of the territory to be annexed are attached and incorporated as Exhibit A to this Resolution. SECTION 4. -Estimated Number of Voters. As nearly as can be determined at this time, the estimated number of voters in the Panther Lake Annexation Area is 10,816. SECTION 5. -Cost of Election. The City of Kent will pay for the cost of the annexation election. SECTION 6. -Annexation Area Propertv not to be Assessed or Taxed for Citv's Outstanding Indebtedness. It is the intent of the City Council, as of the time of passage of this Ordinance, that the property within the Panther Lake Annexation Area should not, upon annexation, be assessed and taxed to pay for the City's outstanding indebtedness issued by voter approval or contract that the City incurred prior to, or that was existing at, the date of annexation. SECTION 7. -Annexation Area Zoning. The annexation area shall be subject to City of Kent land use and zoning regulations as provided by the Kent City Code. The City will undertake a zoning and comprehensive planning process immediately upon voter approval of the annexation, if that 3 Panther Lake Annexation - Submit to Voters and King County Boundary Review Board occurs. However, the City Council does not intend to conduct a pre- annexation proposed zoning regulation process as provided in RCWs 35A.14.330 and 35A.14.340. SECTION B. -Certified Copv of Resolution to be Filed. A certified copy of this Resolution, including all Exhibits, shall be filed with the legislative authority of King County and with the King County Boundary Review Board. SECTION 9. -Boundary Review Board Notice of Intent. The City Clerk shall file a Notice of Intent to annex the Panther Lake Annexation Area with the King County Boundary Review Board, as required by Chapter 36.93 RCW. 5ECTION 10. -Annexation Proposition. The City Clerk is authorized and directed to take those actions necessary to place an annexation proposition before the Panther Lake Annexation Area voters at the election date directed by the City Council, and the City Attorney is authorized and directed to prepare the ballot proposition and title for the annexation election for transmittal and approval by the King County Division of Records and Elections. SECTION 11. -Other Actions. The Mayor, or her designee, is authorized and directed to take all other actions reasonably necessary or attendant to this annexation election process, including provision of pertinent and appropriate information for the voter's pamphlet for this annexation. SECTION 12. -SeverabilitY. If any section, subsection, paragraph, sentence, clause, or phrase of this resolution is declared unconstitutional or 4 Panther Lake Annexation - Submit to Voters and King County Boundary Review Board invalid for any reason, such decision shall not affect the validity of the remaining portions of this resolution. SECTION 13. -Ratification. Any act consistent with the authority and prior to the effective date of this resolution is hereby ratified and affirmed. SECTION 14. -Effective Date. This resolution shall take effect and be in force immediately upon its passage. PASSED at a regular open ~c meeting by the City Council of the City of Kent, Washington, this d day of September, 2008. J_ CONCURRED in by the Mayor of the City of Kent this :L day of September, 2008. ATIEST: APPROVED AS TO FORM: _ ..... -...... ----.. .... ... ~" -. - -/ --~-~ ~-: .: -:_::... ---_--' .......... - 5 Panther Lake Annexation - Submit to Voters and King County Boundary Review Board I hereby certify that this is a true and correct copy of Resolution No. ~passed by the City Council of the City of Kent, Washington, the d2 day of September, 2008. P \CIVII\Resolutlon\PantherLakeAonex Election doc -- 6 Panther Lake Annexation - Submit to Voters and King County Boundary Review Board EXHIBIT A Proposed Annexation Area All those portions of Sections 3, 4, 5, 6, 7, 8, 9, 10, 14, 15, 16, 17, 22 and 23, Township 22 North, Range 5 East, W.M., and Sections 32 and 33, Township 23 North, Range 5 East, W.M., in King County, Washington, described as follows: Commencing at the east quarter corner of Section 6, Township 22 North, Range 5 East, W.M.; thence southerly to the easterly prolongation of the south right of way margin of South 200th Street; thence westerly, along said prolongation, to the west right of way margin of 100th Avenue SE, the northeast corner of the Kent City Limits as established by Kent Ordinance #3099, as recorded under King County Recording Number 9305110613, and the TRUE POINT OF BEGINNING; thence continuing westerly, along said south margin of South 200th Street and the north margin of said city limits, to the west right of way margin of 92nd Avenue South and the east line of the Kent City Limits as established by Kent Ordinance #1017, as recorded under King County Auditor's File Number 5024149; thence northerly, along said west margin and said city limits, to the east west center of section line of said Section 6; thence easterly, along said center of section line and said city limits, to the center of said Section 6; thence northerly, along the north south center of section line and said city limits, to the north right of way margin of South 200th Street and the south line of the Renton City Limits as established by Renton Ordinance #5327, under King County Recording Number 20080109000833; thence easterly, along said north margin and said Renton City limits, to the westerly right of way margin of SR 515 (108th Avenue SE) and the east line of the City of Renton City Limits as described in said Renton Ordinance #5327; thence northerly, along said west margin and the Renton City Limits as described in said ordinance, to a point 40 feet west of Highway Engineer's Station 270+40, as shown on Washington State Department of Highways Right of Way Plan SR 515 MP 3.87 to MP 5.15, Renton Vicinity, SE 196th to Carr Road; thence easterly to a point 40 feet east of Highway Engineer's Station 270+50 as shown on said right of way plan, also being the northerly margin of SE 192nd Street and the south line of the City of Renton City Limits as described in said Renton Ordinance #5327; thence easterly, along said north margin and the Renton City Limits as described in said ordinance, to the intersection of said north margin with the centerline of Big Soos Creek; thence southeasterly, along the centerline of said creek, to the northerly right of way margin of SE 244th Street (also known as 152nd Avenue SE to the east); thence generally northwesterly, along said north margin to the northeasterly right of way margin of 148th Place SE and the east line of the Kent City Limits as established by Kent Ordinance #3344, as recorded under King County Recording Number 9706250235; thence northwesterly and westerly, along the northeasterly margin of 148th Place SE, the northerly right of way margin of SE 240th Street and said city limits, to the east line of the Village at Soos Creek, Division 2, as described in Volume 156 of plats, pages 59 through 61, records of King County; thence along the east and northeast lines of said Division 2 and said city limits to the most northeast corner of said Division 2; thence continuing along said city limits, northwesterly, in a straight line, to the most easterly corner of Lot 8 in the plat of Shamrock Park as recorded in Volume 172 of plats, pages 43 through 46, records of King County; thence continuing northwesterly, along the east line of said Shamrock Park, the east line of Country Club North, Division 2, as recorded in Volume 184 of plats, pages 18 through 20, records of King County and said city limits, to the north line of the southwest quarter of the southeast quarter of Section 15, Township 22 North, Range 5 East, W.M. and the north line of said Country Club North, Division 2; thence westerly, along said north line and said city limits, to the north south center of section line of said Section 15; thence continuing westerly along the north line of the south half of the southwest quarter of said Section 15 and said city limits, to the southeast corner of the north half of southeast quarter of Section 16, Township 22 North, Range 5 East, W.M.; thence continuing westerly, along the south line of said north half, to the westerly right of way margin of 132nd Avenue SE and the southeast corner of that portion of the Kent City Limits as established by Kent Ordinance #3562; thence northerly, along the west margin of 132nd Avenue SE and said city limits, to the south line of the north half of the north half of the northeast quarter of the southeast quarter of said Section 16; thence westerly, along said south line and said city limits, to the east line of the northwest quarter of the southeast quarter of said Section 16; thence northerly, along said east line and said city limits, to the north line of the southeast quarter of said Section 16; thence westerly, along said north line and said city limits, to the southeast corner of the northwest quarter of said Section 16; thence westerly, along the south line of the southeast quarter of the northwest quarter of said Section 16 and said city limits, to the southwest corner of said subdivision; thence northerly, along the west line of said subdivision and said city limits, to the northeast corner of the south half of the south half of the southwest quarter of the northwest quarter of said Section 16; thence westerly, along the north line of said subdivision and said city limits, to the east line of the northeast quarter of Section 17, Township 22 North, Range 5 East, W .M. and the east line of the Kent City Limits as established by Kent Ordinance # 1940, as recorded under King County Recording Number 7509300621; thence northerly, along the east line of said northeast quarter and said city limits, to the south line of the north half of the north half of the southeast quarter of the northeast quarter of said Section 17; thence westerly, along said south line and said city limits, to the west right of way margin of 116th Avenue SE and the southeast corner of that portion of the Kent City Limits as established by Kent Ordinance # 2828, as recorded under King County Recording Number 8902070337; thence northerly, along said west margin and said city limits, to the north line of the southeast quarter of the northeast quarter of said Section 17; thence westerly, along said north line and the north line of said city limits and the north line of the Kent City Limits as established by Kent Ordinance #2048, as recorded under King County Recording Number 7710180759, to the west line of the southeast quarter of the northeast quarter of said Section 17; thence southerly, along the west line of said subdivision and the city limits as established under said Ordinance #2048 and aforesaid Ordinance #1940, to the northwest corner of the northeast quarter of the southeast quarter of said Section 17; thence continuing southerly, along the west line of said subdivision and said city limits to south line of the north 30.00 feet of the northwest quarter of the southeast quarter of said Section 17, also being the easterly prolongation of the south right of way margin of SE 232nd Street and the northeast corner of the Kent City Limits as established by Kent Ordinance #2727, as recorded under King County Recording Number 8708120082; thence westerly, along said south line and said city limits, to the east line of the plat of Park Orchard Division No. 4, as recorded in Volume 68 of plats, pages 58 through 60, records of King County; thence generally southerly, along the easterly line of said plat and said city limits, to the south line of the northwest quarter of the southeast quarter of said Section 17 and the Kent City Limits as established by Kent Ordinance #1506, as recorded under King County Recording Number 7505060484; thence westerly, along the south line of said plat and said city limits, to the northeast corner of the southeast quarter of the southwest quarter of said Section 17 and the northeast corner of the Kent City Limits as established by Kent Ordinance #1290, as recorded under King County Recording Number 7505060500; thence continuing westerly, along the north line of said subdivision and said city limits, to the southeast corner of the northwest quarter of the southwest quarter of said Section 17 and the southeast corner of the Kent City Limits as established by Kent Ordinance #1223 under King County Auditor's File Number 5668321; thence northerly, along the east line of said subdivision and said city limits, and the east line of the Kent City Limits as established by Kent Ordinance #2111, under King County Recording Number 7809011099, to the northeast corner of the lands described in said Ordinance #2111; thence westerly, along the north line of said city limits, to the westerly right of way margin of SR 515 (also known as 104th SE, also known as the Benson Road SE) and the southeast corner of the Kent City Limits as established by Kent Ordinance #2703, as recorded under King County Recording Number 8703191033; thence generally northerly, along the west margin of said SR 515 and said city limits, to the south line of the north half of the northwest quarter of the northwest quarter of said Section 17; thence westerly, along said south line and said city limits, to the east right of way margin of 100th Avenue SE; thence northerly, along said east margin and said city limits and the Kent City Limits as established by Kent Ordinance #3210 as recorded under King County Recording Number 9504190117 and Kent Ordinance #3193 recorded under King County Recording Number 9411230694, to the north line of the southwest quarter of the northwest quarter of the southwest quarter of Section 8, Township 22 North, Range 5 East, W.M.; thence westerly, along said north line and said city limits, to the northeast corner of the southeast quarter of the northeast quarter of the southeast quarter of Section 7, Township 22 North, Range 5 East, W.M.; thence westerly, along the north line of said subdivision and said city limits, to the easterly right of way margin of 98th Avenue South; thence southerly, along said east margin and said city limits, to the southerly right of way margin of South 218th Street; thence westerly, along said southerly margin and said city limits and the Kent City Limits as established by Kent Ordinance #2611, as recorded under King County Recording Number 8606190789, to the southeast corner of the Kent City Limits as established by Kent Ordinance #2860, under King County Recording Number 8908240680, and the southerly prolongation of the west right of way margin of aforesaid 98th Avenue South; thence northerly, along said west margin and its prolongation and said city limits, to the east west center of section line of said Section 7; thence westerly, along said east west center of section line and said city limits, to the southeast corner of the southwest quarter of the northeast quarter of said Section 7 and the east line of the Kent City Limits as established by Kent Ordinance #2035, as recorded under King County Recording Number 7708020744; thence northerly, along the east line of said subdivision and said city limits, to the northeast corner of said subdivision; thence westerly, along the north line of said southwest quarter of the northeast quarter and said city limits, to the southeasterly right of way margin of South 212th Street; thence southwesterly, along said southeasterly margin and said city limits, to the west line of the east half of the northwest quarter of the northeast quarter of said Section 7 and a point on the Kent City Limits as established by Kent Ordinance #3099, as recorded under King County Recording Number 9305110613; thence northerly, along said west line and said city limits, to the northwesterly right of way margin of said South 212th Street; thence northeasterly and easterly, along said northwesterly margin, the northwesterly right of way margin of South 212th Way, the northerly right of way margin of South208th Street and said city limits, to the westerly right of way margin of lOOth Avenue SE; thence northerly, along said westerly margin and said city limits, to the TRUE POINT OF BEGINNING.