King County Local Voters Pamphlet

Nov. 2, 2004 General and Special Elections

Parkway 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 Parkway area, which is legally described in City of Federal Way Resolution No. 04-424, 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 Parkway, 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. 04-424

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. 369TH ST. AND 19TH WAY S., WEST OF THE EAST BOUNDARY OF “PARCEL X” IN THE REGENCY RIDGE CONDOMINIUM DEVELOPMENT AND ENCHANTED PARKWAY, AND NORTH OF EXISTING CITY OF MILTON CITY LIMITS AND POTENTIAL ANNEXATION AREA BOUNDARIES REFERENCED AS THE PARKWAY ANNEXATION AREA.
________________________________________________________________________

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 Parkway area to annex certain property east of existing City of Federal Way City limits, south of 369th St. S. and 19th Way S., west of the east boundary of “Parcel X” in the Regency Ridge Condominium development and Enchanted Parkway and north of existing City of Milton City limits and Potential Annexation Area boundaries, referenced as the Parkway 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 Parkway area is within the City of Federal Way’s Potential Annexation Area; and

WHEREAS, although financial analysis of revenues and costs for the Parkway territory indicate a net annual deficit to the City of Federal Way of approximately $11,000, the benefits of annexing the territory, which include compliance with the GMA, localized regulatory control and localized provision of services, outweigh the financial costs; and

WHEREAS, the City Council Land Use/Transportation Committee considered the Parkway annexation at the meeting of September 29, 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 Parkway annexation on December 2, 2003 and directed staff to proceed forward with this annexation in 2004; and

WHEREAS, the City Council passed resolution 04-418 on July 6, 2004 authorizing submittal of the Parkway annexation proposal to the King County Boundary Review Board; and

WHEREAS, the City received notice on August 23, 2004 that the King County Boundary Review Board approved the Parkway 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 Parkway 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 369th St. S. and 19th Way S., west of the east boundary of “Parcel X” in the Regency Ridge Condominium development and Enchanted Parkway and north of existing City of Milton City limits and Potential Annexation Area boundaries, referenced as the Parkway 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

______________________________
Mayor, Dean McColgan (signed)

ATTEST:

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

APPROVED AS TO FORM:

________________________________
City Attorney, Patricia A. Richardson (signed)

FILED WITH THE CITY CLERK: 8/16/04
PASSED BY THE CITY COUNCIL: 8/24/04
RESOLUTION NO: 04-424

EXHIBIT “A”

CITY OF FEDERAL WAY
PARKWAY ANNEXATION AREA
LEGAL DESCRIPTION

Those portions of the Southwest quarter of Section 28, the Northeast quarter of Section 32, the Northwest and the Southwest quarter of Section 33, Township 21 North, Range 4 East, Willamette Meridian, King County, Washington, more particularly described as follows:

BEGINNING at the intersection of the southwesterly margin of Enchanted Parkway (AKA SSH No. 5-D / Kit Corner Road South / SR 161) and the northwesterly margin of 19th Way South, said point being described in City of Federal Way annexation Ordinance 98-311;

THENCE Southwesterly along said Northwesterly margin to the Northerly margin of South 369th Street as described in City of Federal Way annexation Ordinance 98-311 and as shown on the plat of “Regency Woods Division 2” according to the plat thereof recorded in Volume 156 of Plats, Pages 16 through 20, inclusive, Records of King County, Washington;

THENCE Westerly along said Northerly margin and the Westerly extension thereof to the Easterly margin of SR 5 (AKA PSH No. 1) as described in City of Federal Way annexation Ordinance 98-311 and also being the City Limits of Federal Way as defined by King County Code Ordinance No. 8779;

THENCE Southerly along said Easterly margin as defined by King County Code Ordinance No. 8779 to the intersection of the North line of the South 30 feet of the Southeast quarter of the Southwest quarter of the Northeast quarter of said Section 32;

THENCE Easterly along said North line to the Easterly margin of Milton Road South and the City Limits of Milton as described in City of Milton Ordinance No. 1241;

THENCE continuing along said North line and the North line of the South 30 feet of the Southwest quarter of the Southeast quarter of the Northeast quarter of said Section 32, said line being the City Limits of Milton, to the West line of the Southeast quarter of the Southeast quarter of the Northeast quarter of said Section 32;

THENCE along the North line of the South 30 feet of the Southeast quarter of the Southeast quarter of the Northeast quarter of said Section 32 to the East line of said Northeast quarter, said East line also being the West line of the Plat of “Regency Woods Division 1” according to the plat thereof recorded in Volume 154 of Plats, Pages 81 through 97, inclusive, Records of King County, Washington;

THENCE Southerly along said West line of the Plat of “Regency Woods Division 1” to the Quarter corner common to Sections 32 and 33;

THENCE Southerly along the West line of the Northwest quarter of the Southwest quarter of said Section 33, said line also being the West line of the Plat of “Regency Woods Division 1”, to the southwest corner of said Plat;

THENCE Easterly along the South line of the Plat of “Regency Woods Division 1” to the Northwesterly margin of the Puget Sound Electric Company Interurban Railway Right of Way as shown on said Plat;

THENCE Northeasterly, Northerly, Easterly, and Southeasterly along said Puget Sound Electric Company Interurban Railway Right of Way to the Southerly corner of Parcel X of the Plat of “Regency Woods Division 1”, said corner also being the Southwest corner of Tract A of the Plat of “Kingsgrove” according to the plat thereof recorded in Volume 118 of Plats, Pages 55 through 61, inclusive, Records of King County, Washington;

THENCE Northerly along the West line of the Plat of “Kingsgrove” to the Northwest corner of said Plat;

THENCE Easterly along the North line of the Plat of “Kingsgrove” to the Southwest corner of Tract G of the Plat of “Stone Creek” according to the plat thereof recorded in Volume 211 of Plats, Pages 93 though 98, inclusive, Records of King County, Washington;

THENCE Northerly along the West line of the Plat of “Stone Creek” to the Northwest corner of said Plat;

THENCE Easterly along the North line of the Plat of “Stone Creek” to the East line of the Northwest Quarter of Section 33;

THENCE Northerly along the East line of said Northwest Quarter to the Southwesterly margin of Enchanted Parkway (AKA SSH No. 5-D / Kit Corner Road South / SR 161);

THENCE Northwesterly along said Southwesterly margin of Enchanted Parkway 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)

KING COUNTY

Signature Report

September 14, 2004

Ordinance 15007

Proposed No. 2004-0454.2 Sponsors von Reichbauer

AN ORDINANCE establishing November 2, 2004, as the date of a special election on the question of annexation to the city of Federal Way of an unincorporated area known as the Parkway annexation area; and declaring an emergency.

BE IT ORDAINED BY THE COUNCIL OF KING COUNTY:

SECTION 1. Findings:

A. The city of Federal Way, Washington, by Resolution No. 04-424, has determined that it is in the public interest and general welfare to provide for the annexation of an area known as the Parkway annexation area, in accordance with chapter 35A.14 RCW.

B. City of Federal Way Resolution No. 04-424 satisfies the provisions of chapter 35A.14 RCW for qualification for annexation.

C. The city of Federal Way, by Resolution No. 04-424, initiated the annexation of the Parkway annexation area.

D. The King County boundary review board received a request for review under chapter 36.93 RCW, and on August 23, 2004, the review board, in file 2177, deemed the proposed city of Federal Way Parkway annexation file approved.

E. Pursuant to chapters 29A.04 and 35A.14 RCW, the metropolitan King County council deems an emergency exists for the purpose of calling a special election to be held on the question of this annexation on November 2, 2004.

SECTION 2. A special election shall be held on the 2nd day of November 2004 in accordance with chapter 35A.14 RCW within the territory of the proposed annexation, for the purpose of submitting the question of annexation of the Parkway annexation area.

SECTION 3. The number of registered voters within the subject area is estimated at 589 as nearly as may be determined from available records.

SECTION 4. Pursuant to RCW 29A.04.321 and 35A.14.050, it is hereby deemed that an emergency exists for purposes of calling a special election. The King County director of the records, elections and licensing services division is hereby requested to assume jurisdiction to call and conduct a special election and submit to the registered voters within the subject area of the propositions as set forth in section 4 of this ordinance. The clerk of the council is hereby authorized and directed to transmit these propositions to the director of records and elections in substantially the following form, with such additions, deletions or modifications in the ballot title as may be required for the propositions listed below by the King County prosecutor:

PROPOSITION 1: The City Council of the City of Federal Way, Washington, adopted Resolution No. 04-424 concerning a proposed annexation of the Parkway annexation area. If approved, this proposition would annex an area of unincorporated King County contiguous to the City of Federal Way’s eastern boundary and commonly known as the Parkway annexation area, which is legally described in City of Federal Way Resolution No. 04-424. Upon annexation, the area shall have imposed the City of Federal Way Comprehensive Plan designations and zoning classifications as adopted in City of Federal Way Ordinance No. 04-460. Should this annexation and adoption of proposed zoning regulation be approved?

FOR ANNEXATION AND ADOPTION OF PROPOSED ZONING REGULATION AGAINST ANNEXATION AND ADOPTION OF PROPOSED ZONING REGULATION

PROPOSITION 2: Shall all property within the proposed Parkway annexation area, upon annexation, be assessed and taxed at the same rate as property located within the City of Federal Way is assessed and taxed to pay for all or any portion of the then outstanding indebtedness of the City, which indebtedness has been approved by the voters, contracted for, or incurred prior to, or existing at, the date of annexation?

YES

NO

SECTION 5. The boundaries of the territory proposed for annexation are hereby described in city of Federal Way Resolution No. 04-424 as contained in Attachment A to this ordinance.

SECTION 6. The council finds as a fact and declares that an emergency exists and that this ordinance is necessary for the immediate preservation of public peace, health or safety or for the support of county government and its existing public institutions.

Ordinance 15007 was introduced on 9/13/2004 and passed as amended by the Metropolitan King County Council on 9/13/2004, by the following vote:

Yes: 12 – Mr. Phillips, Ms. Edmonds, Mr. von Reichbauer, Ms. Lambert, Mr. Pelz, Mr. McKenna, Mr. Ferguson, Mr. Hammond, Mr. Gossett, Ms. Hague, Ms. Patterson and Mr. Constantine
No: 0
Excused: 1 – Mr. Irons

KING COUNTY COUNCIL
KING COUNTY, WASHINGTON

______________________________
Larry Phillips, Chair (signed)

ATTEST:

________________________________
Anne Noris, Clerk of the Council (signed)

Attachments None

Updated: Oct. 11, 2004

PAMPHLET INDEX