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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)