Resolution 10470006.180007
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5/30/03
RESOLUTION NO. 1047
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
EDMONDS, WASHINGTON, CONCURRING IN THE
ANNEXATION OF CERTAIN REAL PROPERTY LOCATED
WITHIN THE CITY OF EDMONDS AND COMMONLY
KNOWN AS THE BALLINGER LIFT STATION, BY
CONSOLIDATION METHOD PURSUANT TO RCW
35.10.217(2), AT THE REQUEST OF THE OWNER OF SAID
PROPERTY AND THE REQUEST OF THE CITY COUNCIL
OF THE CITY OF MOUNTLAKE TERRACE; AUTHORIZING
ACCEPTANCE OF A QUIT CLAIM DEED FOR SAID
PROPERTY; PROVIDING FOR ITS FILING OF RECORD;
AND PROVIDING DIRECTION TO THE EDMONDS CITY
CLERK REGARDING DISPOSITION OF CERTIFIED COPIES
OF THIS RESOLUTION.
WHEREAS, a small tract of land commonly known as the Ballinger Lift Station
is located along Lake Ballinger in the City of Edmonds, Washington, and,
WHEREAS, the subject parcel is owned by the City of Mountlake Terrace, and
WHEREAS, the subject parcel has historically been held by the City of
Mountlake Terrace as a lift station for the public purpose of transmitting sewage to the City of
Edmonds treatment facility; and
WHEREAS, an Interlocal Agreement between the parties provides for transfer of
such site from the City of Mountlake Terrace to the City of Edmonds on the date upon which it is
taken out of service, and
WHEREAS, such site has been taken out of service and the City of Mountlake
Terrace has requested that the City of Edmonds annex the property using the consolidation
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method set forth in RCW 35.10.217(2), and has provided a certified copy of a resolution making
such request, and
WHEREAS, the City Council of the City of Edmonds find it to be in the public
interest to annex the subject property, which is surrounded by other lands of the City of Edmonds
and upon which no individual resides, thereby exercising appropriate jurisdiction over the
property which, upon acceptance of a quit claim deed, shall become a part of the City of
Edmonds and owned by it, and
WHEREAS, the Snohomish County Boundary Review Board has received notice
of this proposed annexation, has declined to accept jurisdiction over the same, and has thus
implicitly approved this proposal, now, therefore,
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON,
HEREBY RESOLVES AS FOLLOWS:
Section 1. That certain tract of land, commonly known as the Ballinger Lift
Station, and legally described on the attached Exhibit A, incorporated by this reference as fully
as if herein set forth, is hereby annexed to and consolidated with the City of Edmonds at the
request of the current owner thereof, the City of Mountlake Terrace, Washington.
Section 2. A quit claim deed from the City of Mountlake Terrace for transfer of
ownership of said tract of land from the City of Mountlake Terrace to the City of Edmonds is
hereby accepted.
Section 3. The City Clerk of the City of Edmonds is hereby directed to send
certified copies of this resolution for filing with the Snohomish County Auditor, as well as
certified copies to the Snohomish County Boundary Review Board and the City of Mountlake
Terrace.
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RESOLVED this 26th day of August, 2003.
APPROVED:
MAy6R, G NSON
ATTEST/AUTHENTICATED:
CITY CLERK, SANDRA S. CHASE
FILED WITH THE CITY CLERK: 08/01/2003
PASSED BY THE CITY COUNCIL: 08/26/2003
RESOLUTION NO. 1047
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EXHIBIT "A"
Recorder's No. 1338510.
A portion of Lot 25 in Block 7 of Lake Ballinger Land Co's Plat
Subdivision No.1, recorded in Volume 9 of plats on pages 57 and
58, records of . Snohomish County, Washington, described as
follows:
Commencing at the Southwest corner of said Lot 25 .and running,
thence S 88° 25' 63" E along the south line of said Lot 25 a
distance of 75.00 feet and thence N. 47° 31' 15" E 14.38 feet to an
intersection with the northerly rnargint of 2440' Street S.W. know
10.00 feet north of and parallel with the south line of said lot) and
the Point of Beginning of this description; thence continuing N 67°
31' 15" E, 86.29 feet; thence S i degree 34' 17" W. 35.00 feet;
thence S 47° 31' 15 W. 35.95 feet; thence N 88' 25' 43" W along
said northerly margin of 244 h St. S.W., 36.18 feet to the Point of
Beginning .
Recorder's No. 1338541
Parcel "A"
A portion of Lots 24 and 25 in Block 7 of Lake Ballinger Land
Co.'s Plat Subdivision No. 1, recorded in volume 9 of Plats on
pages 57 and 58, records of Snohomish County, .Washington,
described as follows:
Commencing at the southwest comer of said Lot 25 and running
thence S 880 25' 43" E along the south line of said Lot 25 a
distance of 75.00 feet and thence N 47° 3V 15" E 14.39 feet to an
intersection with the northerly margin of 244t' Street. S.W. (now
10.00 feet North of and parallel with the South line of said lots)
and the Point of Beginning of this description; thence N 88° 25'
43" W along said northerly margin of 244` .Street S.W. 15.00 feet;
thence N. 21 ° 43' 25" E, 63.91 feet; thence S 880 25' 43" E 55.00
feel; thence S 470 31' 15" W, 86.29 feet to the Point of Beginning,
SUBJECT TO an easement in favor of the grantors for road
purposes 15.00 feet in width measured along the southerly line of
the property hereinabove described, said easement running along
the westerly line of the said property hereinabove describe;
TOGETHER WITH a permanent easement and right-of-way,
including the perpetual right to enter upon the real estate
hereinafter described, at any time that the grantee sees fit and- to
construct, maintain and repair underground pipe lines and/or mains
for the purpose* of conveying sanitary sewerage, over, across,
through and under the lands hereinafter descnw, together with
the right to excavate and refill ditches, and/or trenches for the
location of said pipe lines and/or mains, and the further right to
remove trees, bushes, undergrowth,. and other obstructions
interfering with the location, construction, and maintenance of -said
pipe lines and/or mains. Said easement and right-of-way being
more particularly described as -follows.:
A portion of Lot 25 in Block 7 of Lake Ballinger Land Co.'s Plat
Subdivision:No. 1, recorded in volume 9 of Plats on pages 57 and
58 records of Snohomish County, Washington,' described as
follows:
Commencing at the southwest comer of said Lot 25 and running
thence S 88° 25' 43". E along the south line of said .Lot 25 a
distance of 75.00 feet and thence N. 47° 31' 15" E,14.38 feet to an
intersection with the northerly niargin of 244`' Street S.W. (now
10.00 feet north of and parallel with the south line of said lot);
thence N. 880 25' 4Y W along said northerly margin of 244`h
Street S.W., 15,00 feet ' to the Point of Beginning of this
description; thence continuing N 880 25' 43" W 10.00 feet, thence
N. 460 34' 1T' E 2234 feet to a point on the westerly line of Parcel
"N" hereinabove described; thence S 21 ° 43' 25" W along said
westerly line of Parcel "A" ,16.83 feet to the Point of Beginning.
Page 1 of 1
RCW 35.10.217
Methods for annexation.
The following methods are available for the annexation of all or a part of a city or town to another city
or town:
(1) A petition for an election to vote upon the annexation, which proposed annexation is approved by
the legislative body of the city or town from which the territory will be taken, may be submitted to the
legislative body of the city or town to which annexation is proposed. An annexation under this
subsection shall otherwise conform with the requirements for and procedures of a petition and election
method of annexing unincorporated territory under chapter 35.1.3 RCW, except for the requirement for
the approval of the annexation by the city or town from which the territory would be taken.
(2) The legislative body of a city or town may on its own initiative by resolution indicate its desire to
be annexed to a city or town either in whole or in part, or the legislative body of a city or town
proposing to annex all or part of another city or town may initiate the annexation by adopting a
resolution indicating that desire. In case such resolution is passed, such resolution shall be transmitted to
the other affected city or town. The annexation is effective if the other city or town adopts a resolution
concurring in the annexation, unless the owners of property in the area proposed to be annexed, equal in
value to sixty percent or more of the assessed valuation of the property in the area, protest the proposed
annexation in writing to the legislative body of the city or town proposing to annex the area, within
thirty days of the adoption of the second resolution accepting the annexation. Notices of the public
hearing at which the second resolution is adopted shall be mailed to the owners of the property within
the area proposed to be annexed in the same manner that notices of a hearing on a proposed local
improvement district are required to be mailed by a city or town as provided in chapter 35.43 RCW. An
annexation under this subsection shall be potentially subject to review by a boundary review board or
other annexation review board after the adoption of the initial resolution, and the second resolution may
not be adopted until the proposed annexation has been approved by the board.
(3) The owners of property located in a city or town may petition for annexation to another city or
town. An annexation under this subsection shall conform with the requirements for and procedures of a
direct petition method of annexing unincorporated territory, except that the legislative body of the city or
town from which the territory would be taken must approve the annexation before it may proceed.
(4) All annexations under this section are subject to potential review by the local boundary review
board or annexation review board.
[1986 c 253 § 1; 1985 c 281 § 15; 1969 ex.s. c 89 § 4.1
Adopted by Reference
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