HomeMy WebLinkAbout1585RESOLUTION NO. /£:i' £'
A RESOLUTION of the City Council of the City
of Kent, Washington, relating to modification of
boundaries along a portion of 42nd Avenue South and
authorizing an agreement with the City of SeaTac to
adjust the common boundary lines along said right-of-
way, pursuant to RCW 35.13.310.
WHEREAS, previously the City of Kent, pursuant to Ordinance No.
3506, and King County, pursuant to Ordinance No. 13882, revised and modified a
common boundary along a portion of the 42nd Avenue South right-of-way so as to
include the full width of said right-of-way within the boundaries of the City of Kent;
and
WHEREAS, the purpose of that previous modification was to simplify
jurisdictional issues as well as the ongoing maintenance of 42nd Avenue South lying
generally between South 216th Street and Orillia Road; and
WHEREAS, subsequently this portion of the 42nd Avenue South right-
of-way was widened, realigned and improved pursuant to certain conditions relating to
an adjacent private development proposal that is located within the City of Kent,
which realignment and improvements have been reviewed and approved by the City of
Kent's Engineering Department; and
1 Authorizing Modification of Boundaries
Along 42"4 Avenue and Authorizing Agreement
with City of SeaTac to Adjust Common Boundary Lines
WHEREAS, the result of this realignment has been to cause a portion
of the width of the 42nd Avenue South right-of-way to meander partly within the
boundaries of the City of SeaTac and partly within the City of Kent, including land
that is in the City of SeaTac but was dedicated to the City of Kent as part of this right-
of-way, and including a portion of certain stormwater facilities related to the realigned
right-of-way which were dedicated to and controlled by the City of Kent, but are
located within the boundaries of the City of SeaTac; and
WHEREAS, RCW 35.13.310 provides a method for the City of Kent
and the City of SeaTac to modify the common boundary within a right-of-way so as to
remove the City of SeaTac's jurisdiction lying within this portion of the 42nd Avenue
South right-of-way, and create a common boundary along the edge of said right-of-
way; NOW, THEREFORE
THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON,
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. In order to simplify jurisdictional issues as well as the
ongoing maintenance of 42nd Avenue South, the City of Kent hereby expresses its
intent to fully include the full width of that certain portion of the 42nd Avenue South
right-of-way, lying generally between South 2161h Street and South 21ih Street, so as
to be included within the corporate boundaries of the City of Kent. A description of
that portion of 42nd Avenue South that shall be altered so as to be included within the
City of Kent is attached and incorporated as Exhibit "A"
SECTION 1. The Mayor is authorized to enter into an agreement,
substantially in the form attached as Exhibit "B," with the City of SeaTac and to
otherwise perform any other acts necessary to complete this revision of the City's
corporate boundary along 42nd Avenue South, so long as it is consistent with the intent
of this Resolution and RCW 35.13.310.
2 Authorizing Modification of Boundaries ·
Along 4r Avenue and Authorizing Agreement
with City of SeaTac to Adjust Common Boundary Lines
SECTION 3. Severability. If any one ofmore sections, subsections, or
sentences of this Resolution are held to be unconstitutional or invalid, such decision
shall not affect the validity of the remaining portion of this Resolution and the same
shall remain in full force and effect.
SECTION 4. Effective Date. This Resolution shall take effect and be
in force from and after its passage as provided by law.
PASS ED at a regular open public meeting by the City Council of the City
ofKent,Washington,this.3~ dayof ~R. ,2001.
CONCURRED in by the Mayor of the City of Kent this 3d-day of
~ ,2001.
ATTEST:
~/l.~ BRENDA JACOBE~
I hereby certify that this is a true and correct copy of Reso~,2en No.
fS85 passed by the City Council of the City of Kent, Washington, the ...3 day
of ~.R, , 2001.
P:\Civii\Resolution\42ndAvenueBoWldaries.doc
~
3 Authorizing Modification of Boundaries
Along 42"4 Avenue and Authorizing Agreement
with City of SeaTac to Adjust Common Boundary Lines
I
_j
I
f
J
I
i I
I I
I I
I
=-=-=---,---=-----
l
I
I
L
I
I
EXHIBIT "A"
----
--·-{
( ,.
·'·
~
IV
0
I > ...::: ~
2 _j c::
~
Cl.l
[J 0 c::
>-l ...... ......
0
AGREEM:ENT TO ADJUST COMMON BOUNDARIES
~ -WITHIN A PUBLIC RIGHT-OF-WAY
TillS AGREEMENT is made this __ day of-----' 2001 by and
between the City of SeaTac and the City of Kent.
WHEREAS, the City of SeaTac and the City of Kent share a common boundary
which meanders within a p~rtion of the 42nd A venue South right-of-way, l-ying generally
between South 216th Street and South Orillia Road; and
WHEREAS, RCW 35.13.300, et. seq., provides that cities, in order to eliminate a
situation where a common boundary line is located within a public street right-of-way,
may adjust their common boundary to run along the edge of the right-of-way; and
WHEREAS, RCW 35.13.310 provides a process for eliminating the
aforementioned situation, whereby the councils of both cities enter into an agreement to
create a new common boundary to run along either edge of the publi~ street right-of-way,
and further provides that such boundary line adjustments are not subject to potential
review by the boundary review board; and
WHEREAS, the City Council of SeaTac and the City Council of Kent have both
enacted Resolutions expressing their intent to adjust the common boundary along this
portion of 42nd Avenue South so as to run along the western edge of this public street
right-of-way, and both Councils have furthermore authorized their mayors to enter into
an agreement to carry out this intent. NOW, THEREFORE, it is hereby agreed that
EXHIBIT "B"
AGREEMENT TO ADJUST COMMON BOUNDARJES
OF 42ND A VENUE SOUTH-PAGE 1
(between City of Kent and City of SeaTac)
1. The common boundary between the City of Kent and the City of SeaTac
shall be altered so as to create a new common boundary which runs along the western
edge of the 42nd Avenue South right-of-way, lying generally between South 2161h Street
and South Orillia Road, as more particularly shown and described in the attached Exhibit
"A". The intent of this new common boundary is to have the entire width of the
aforementioned street located within the corporate boundaries of the City of Kent.
2. Upon execution of this Agreement, either or both Cities may send a
conformed copy of this agreement to the King County Office of Records and Elections,
and may take such further actions as may be consistent with the intent of this agreement
or as may be necessary in order for this alteration of common boundaries to be
recognized and effective.
CITY OF KENT
By: Jim White
Its: Mayor
Date: ______________ _
APPROVED AS TO FORM:
TOM BRUBAKER,
DEPUTY CITY ATTORNEY
ATTEST:
BRENDA JACOBER, CITY CLERK
P:\Civil\FILES\OpcnFiles\0491\Agreemcnt-ScaTac-42ndAvenucBoundaries.doc
CITY OF SEATAC:
By: Shirley Thompson
Its: Mayor
Date: ______________ _
APPROVED AS TO FORM:
CITY ATTORNEY
ATTEST:
CITY CLERK
AGREEMENT TO ADJUST COMMON BOUNDARIES
OF 42ND A VENUE SOUTH -PAGE 2
(between City of Kent and City of SeaTac)