King County Local Voters Pamphlet

Nov. 2, 2004 General and Special Elections

North Lake Annexation
Proposition No. 1

PROPOSITION NO. 1 PROPOSED ANNEXATION TO THE
CITY OF FEDERAL WAY

Shall the area of unincorporated King County contiguous to the City of Federal Way and commonly known as the North Lake area, which is legally described in City of Federal Way Resolution No. 04-422, be annexed to and become part of the City of Federal Way?

FOR ANNEXATION
AGAINST ANNEXATION

Explanatory Statement

If Proposition No. 1 is approved, the area in unincorporated King County known as North Lake, which borders the City of Federal Way, will become part of the City of Federal Way. The proposed annexation will be approved if a majority of the votes cast is in favor of annexation.

Complete Text of Resolution

RESOLUTION NO. 04-422

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, SETTING A DATE OF NOVEMBER 2, 2004 FOR THE ANNEXATION ELECTION, OF CONTIGUOUS UNINCORPORATED TERRITORY TO THE CITY OF FEDERAL WAY LYING IN AN AREA EAST OF EXISTING CITY OF FEDERAL WAY CITY LIMITS, SOUTH OF S. 320TH ST., WEST OF PEASLEY CANYON RD S. AND NORTH OF HIGHWAY 18 AND EXISTING CITY OF FEDERAL WAY CITY LIMITS REFERENCED AS THE NORTH LAKE ANNEXATION AREA.
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WHEREAS, the City Council of the City of Federal Way, Washington, has determined that it would be in the best interest and general welfare of the City of Federal Way and the North Lake area to annex certain property east of existing City of Federal Way City Limits, south of S. 320th St., west of Peasley Canyon Rd. S., and north of Highway 18 and existing City of Federal Way City limits, referenced as the North Lake annexation area and legally described in Exhibit “A” attached hereto and incorporated by reference as if fully set forth; and

WHEREAS, the Growth Management Act and the King County Countywide Planning Policies encourage transition of unincorporated urban and urbanizing areas within Potential Annexation Areas from county governance to city governance; and

WHEREAS, the North Lake area is within the City of Federal Way’s Potential Annexation Area; and

WHEREAS, financial analysis of revenues and costs for the North Lake territory indicate a net annual surplus to the City of Federal Way in the amount of $7,543; and

WHEREAS, the City Council Land Use/Transportation Committee considered the North Lake annexation at the meeting of October 20, 2003 and at the meeting of November 3, 2003 recommended to City Council to proceed forward with annexations in 2004; and

WHEREAS, the City Council was briefed regarding the North Lake annexation on December 2, 2003 and directed staff to proceed forward with this annexation in 2004; and

WHEREAS, the City Council passed resolution 04-413 on May 18, 2004 authorizing submittal of the North Lake annexation proposal to the King County Boundary Review Board; and

WHEREAS, the City received a notice letter, Exhibit “B”, on July 28, 2004 indicating that the King County Boundary Review Board approved the North Lake annexation proposal; and

WHEREAS, the City Council has adopted the Federal Way Potential Annexation Area Subarea Plan, as a chapter of the City’s Comprehensive Plan which adopted and establishes Comprehensive Plan designations and zoning classifications for the proposed annexation area as well as general land use policies; and

NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY HEREBY RESOLVES AS FOLLOWS:

Section 1. Public Interest. The best interests and general welfare of the City of Federal Way and the North Lake area would be served by the annexation of certain contiguous unincorporated territory lying in the area east of existing City of Federal Way City Limits, south of S. 320th St., west of Peasley Canyon Rd. S., and north of Highway 18 and existing City of Federal Way City limits, referenced as the North Lake annexation area legally described in Exhibit “A” attached hereto and incorporated by reference as if fully set forth.

Section 2. Election. The City Council hereby requests the King County Council set an election date of November 2, 2004 for an election to be held pursuant to Chapter 35A.14 RCW to submit to the voters of the aforesaid territory the proposal for annexation.

Section 3. Taxation and Indebtedness. There shall be submitted to the electorate of the territory sought to be annexed a proposition that all property located within the territory to be annexed shall, upon annexation, be assessed and taxed at the same rate and on the same basis as property that is located within the City of Federal Way is assessed and taxed to pay for all or any portion of the outstanding indebtedness of the City of Federal Way,. which indebtedness has been approved by the voters, contracted for, or incurred prior to or existing at, the date of annexation.

Section 4. Zoning. All property located within the territory to be annexed shall, simultaneous with the annexation, have imposed the City of Federal Way Comprehensive Plan designations and zoning classifications, prepared under RCW 35A.14.330, and depicted in the Potential Annexation Area Chapter of the Federal Way Comprehensive Plan, as adopted by ordinance number 04-460.

Section 5. Severability. If any section, sentence, clause, or phrase of this resolution should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause, or phrase of this resolution.

Section 6. Ratification. Any act consistent with the authority, and prior to the effective date, of the resolution is hereby ratified and affirmed.

Section 7. Effective Date. This resolution shall be effective immediately upon passage by the Federal Way City Council.

RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, this 24th day of August 2004.

CITY OF FEDERAL WAY

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Mayor, Dean McColgan (signed)

ATTEST:

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City Clerk, N. Christine Green, CMC (signed)

APPROVED AS TO FORM:

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City Attorney, Patricia A. Richardson (signed)

FILED WITH THE CITY CLERK: 8/16/04
PASSED BY THE CITY COUNCIL: 8/24/04
RESOLUTION NO: 04-463

EXHIBIT “A”

CITY OF FEDERAL WAY
NORTH LAKE ANNEXATION AREA
LEGAL DESCRIPTION

That portion of Sections 15, 16, 21, and 22, Township 21 North, Range 4 East, Willamette Meridian, situate in King County, State of Washington, more particularly described as follows:

Beginning at the intersection of the Southerly margin of South 320th Street and the East line of the Northwest quarter of the Northwest quarter of said Section 15;

Thence along portions of the Federal Way City Limits as annexed by Ordinance No. 94-220 the following described twenty four (24) courses:

Thence Southerly along said East line to the Southeast corner of said subdivision;

Thence Westerly along the South line of the Northwest quarter of the Northwest quarter of said Section 15 to the Northwesterly corner of Tract 8 of the unrecorded plat of Golden’s North Lake Tracts, said Tract being described in the Deed recorded under Recording Number 20011107002457, records of King County, Washington;

Thence Southerly along the Westerly line of Tracts 8 through 3, inclusive, of said unrecorded Plat to the line of ordinary high water of North Lake, said Westerly line of Tracts 8 through 3 being described in Deeds recorded under Recording Numbers 20011107002457, 20030326002143, and 8706250051 and as shown on King County Short Plats recorded under Recording Numbers 8404190784 and 8507300584, records of King County, Washington;

Thence Southwesterly, Southerly, and Southeasterly along said line of ordinary high water to the Northerly line of the plat of Louise’s North Lake Tracts as filed in Volume 40 of Plats, page 23, records of King County, Washington;

Thence Southeasterly along said Northerly line to the Northeasterly corner of Lot 5 of said Plat;

Thence Southerly along the Easterly line of said Lot 5 to the Northerly margin of South 337th Street;

Thence Easterly along said Northerly margin to the Northwesterly margin of 33rd Place South;

Thence Northeasterly along said Northwesterly margin to the Westerly extension of the Northerly line of Lot 27 of the unrecorded plat of Richard’s North Lake Acres, said Lot 27 being described in the Deed recorded under Recording Number 9811032369, records of King County, Washington;

Thence Easterly along said Westerly extension and the Northerly line of said Lot 27 to the Northeasterly corner thereof, said Lot 27 being described in said Deed recorded under Recording Number 9811032369;

Thence Northeasterly along the Westerly line of Lots 21, 22, and 23 of said unrecorded plat to the Northwesterly corner of said Lot 21, said Lots 21, 22, and 23 being also described in said Deed recorded under Recording Number 9811032369;

Thence Easterly (South 88º 56' 13" East) along the Northerly line of said Lot 21 also being the North line of the Northwest quarter of Section 22, Township 21 North, Range 4 East, Willamette Meridian, to a point 1319.91 feet from the North quarter corner of said Section 22;

Thence North 01º04' 58" East, a distance of 497.62 feet, to the North Line of Tract 117 of the unrecorded Plat of North Lake Shore Lands, said Tract 117 being described in Deed recorded under Recording Number 9605210333, records of King County, Washington;

Thence South 87º 56' 28" East, along said North line, a distance of 8.17 feet;

Thence North 02º 03' 32" East, along the West line of Tract 89 of said unrecorded Plat of North Lake Shore Lands, a distance of 210.00 feet, to the South margin of the County Road, as conveyed to King County by Deed recorded under recording Number 2596483, known as Roy B. Misener county road (South 334th Street), said Tract 89 being described in said Deed recorded under Recording Number 9605210333;

Thence South 87º 56' 28" East, along said South margin, a distance of 16.72 feet, to a point of curvature of said South margin;

Thence along said curve to the left, having a radius of 348.46 feet, through a central angle of 60º 00' 38", an arc length of 364.97 feet to the intersection with the East line of Tract 36 of said unrecorded Plat of North Lake Shore Lands, said Tract 36 being described in said Deed recorded under Recording Number 9605210333;

Thence South 00º 58' 32" West along the East line of said Tract 36, a distance of 124.31 feet, to the southerly corner common to Tracts 36 and 37, said Tract 36 and 37 being described in said Deed recorded under Recording Number 9605210333;

Thence North 87º 56' 32" West, along the South line of said Tract 37, a distance of 13.01 feet to the intersection with the Northwesterly extension of the line common to Tracts 92 and 93 of said unrecorded Plat of North Lake Shore Lands, said Tract 92 and 93 being described in said Deed recorded under Recording Number 9605210333;

Thence South 26º 55' 03" East along said extension and lot line, a distance of 297.20 feet to the North line of Tract 117 of said unrecorded Plat of North Lake Shore Lands, said Tract 117 being described in said Deed recorded under Recording Number 9605210333;

Thence South 87º 56' 28" East, along said North line, a distance of 130.00 feet, to the West line of Tract 116 of said unrecorded Plat of North Lake Shore Lands, said Tract 116 being described in said Deed recorded under Recording Number 9605210333;

Thence North 01º 04' 58" East, along said West line, a distance 169.11 feet, to the Northwest corner of said Tract 116;

Thence South 88º 59' 16" East along the North line of said Tract 116 and its Easterly extension, a distance of 730.00 feet, to the east line of the Southwest quarter of Section 15, Township 21 North, Range 4 East, Willamette Meridian;

Thence South 01º 04' 58" West along said East line, a distance of 657.12 feet to the Quarter corner common to Sections 15 and 22, Township 21 North, Range 4 East, Willamette Meridian;

Thence Southerly along the North-South centerline of said Section 22 to the Northerly margin of State Route 18, said point being the end of said twenty four (24) courses;

Thence Northeasterly along the Northwesterly margin of State Route 18 to the intersection of the Westerly margin of South Peasley Canyon Road;

Thence Northwesterly and Westerly along said Westerly margin of South Peasley Canyon Road and its extension thereof to the South margin of South 320th Street;

Thence Westerly along said South margin of South 320th Street to the point of beginning.

Legal Description Prepared By:
Earth Tech, Inc
720 South 333rd Street, Suite 200
Federal Way, Washington 98003

253-838-6202

____________________________________
Timothy W. Wickham, P.L.S. 21601 (not signed)

Updated: Oct. 11, 2004

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