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Ordinance 28320006.010.046 WSS/klt 04/23/91 ORDINANCE NO. 2832 AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, ANNEXING CERTAIN REAL PROPERTY TO THE CITY, PURSUANT TO THE PETITION METHOD, SAID PROPERTY BEING LAND LOCATED IN THE WESTGATE NEIGHBORHOOD ALONG SR 104 AND LEGALLY DESCRIBED HEREIN, ESTABLISHING ZONING CLASSIFICATION, PROVIDING FOR THE ASSESSMENT AND COLLECTION OF TAXES, AND FIXING THE EFFECTIVE DATE OF THE ANNEXATION. WHEREAS, the City of Edmonds, Washington, received a petition for annexation of certain real property along SR 104 in the Westgate Neighborhood, the legal description of which is set forth below and which is identified by City file number AX-1-90; and WHEREAS, the City Council held public hearings regarding the establishment of pre -annexation zoning on March 20, 1990 and November 5, 1990, and a hearing regarding the annexation thereof on March 20, 1990, and caused due and proper notice of said hearing to be posted and published in accordance with the law and ordinance; and WHEREAS, said annexation was submitted to the Snohomish County Boundary Review Board, and said Board has approved the annexation; WHEREAS, the City Council has determined to require the property to assume the existing indebtedness of the City and to be taxed at the same rate applicable to all other property within the City; and WSS532840 -1- WHEREAS, the Planning Board held a public hearing on September 26, 1990, to consider the appropriate zoning classification of the property; and WHEREAS, the City Council finds that the proposed annexation will have no significant adverse environmental impact, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. There has been filed with the City Council of the City of Edmonds, Washington, a petition in writing, signed by the owners of (100%) in value, according to the assessed valuation for general taxation of the property for which annexation was petitioned; that said petition set forth a legal description of said real property; and said petition was accompanied by a plat or drawing outlying the boundaries of the properties thought to be annexed; that said petition set forth the facts that the City Council required the assumption of City indebtedness by the area requested to be annexed and that the City Council required simultaneous zoning; and that prior to filing of said petition the City Council indicated the tentative approval of said annexation. Section 2. Tuesday, March 20, 1990, was set as the date for public hearing on said petition and notice of such hearing was duly published and posted in accordance with law and ordinance inviting interested persons to appear and voice approval or disapproval of the annexation. On March 20 and WSS53284O -2- November 5, 1990, City Council held two hearings regarding the establishment of pre -annexation zoning as a prelude to the simultaneous zoning of said property, notice of which was also given in accordance with law and ordinance. Section 3. The territory proposed by said petition to be annexed to the City of Edmonds is located in Snohomish County, Washington, is contiguous, proximate, and adjacent to the present corporate limits of said City, and is more particularly described by its legal description as set forth in Exhibit A, and geographically shown in Exhibit B, attached hereto and incorporated in full by this reference. Section 4. Territory set forth in this Ordinance and for which said petition for annexation is filed, shall be and is hereby made a part of the City of Edmonds. Pursuant to the petition for annexation, this area shall be assessed and taxed at the same rate and on the same basis as property within the City for any now outstanding indebtedness to the City, including assessments or taxes in payment of any bonds issued or bonds contracted prior to or existing at the date of annexation. Section 5. The territory set forth in this Ordinance for which said petition for annexation is filed is hereby zoned for purposes permitted by the classification known as "BN- Neighborhood Business" zone district as defined and permitted by the zoning ordinances of the City of Edmonds. Section 6. This ordinance, being an exercise of a power specifically delegated to the City legislative body, is not WSS53284O -3- subject to referendum, and shall take effect five (5) days after passage and publication of the ordinance or a summary thereof consisting of the title. ATTEST/AUTHENTICATED: CiY dLERK, JACQUELINE G. PARRETT APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: r - BY '[)S FILED WITH THE CITY CLERK: April 23, 1991 PASSED BY THE CITY COUNCIL: May 7, 1991 PUBLISHED: May 12, 1991 EFFECTIVE DATE: May 17, 1991 ORDINANCE NO. 2832 WSS532840 -4- EXHIBIT A File #6-91 BEGINNING at a point on the existing limits of the city of Edmonds as described in City Ordinance No.. 1533, being the intersection of the easterly right-of­way margin on 98th Ave. W., with the southerly line of the plat of Olympic View Estates No. 1, as recorded in Volume 18 of plats, Page 14, records of Snohomish County and being located in the N.E. 1/4 of Sec. 36 T27N ME, W.M.; Thence southerly along said city limits and easterly right-of-way margin to their intersection with the northerly right-of-way margin of -Edmonds Way (Secondary State Highway No. 1-W); said point of intersection hereinafter referred to as "point A"; Thence westerly along said northerly right-of-way margin to its intersection with the northerly prolongation of the east line of lot 15 of the plat of Bergquist Addition, as recorded in Volume 15 of plats, Page 105, records of Snohomish County, being the existing city limits as described in city Ordinance No. 957; Thence southerly along said northerly prolongation, said east line, and said, existing city limits to the most northerly corner of lot 16, said plat of Bergquist Addition; Thence continuing along said city limits and the lot line common to lots 15 and 16 of said plat, to a point lying North 42 46'30" East, 99.22 feet distant from the most southerly corner of said lot 15;' Thence easterly to a point on the westerly line of lot 1 of Edmonds Hi -Way Tracts as recorded in Volume 13 of plats, Page 82, records of Snohomish County; Thence southerly along said westerly line to the northwest corner of lot 4 of said plat; Thence easterly along the northerly line of said 'lot 4 to the northeast corner of said lot 4; Thence easterly along the easterly prolongation of the north line of said Lot 4 to the southwest corner of lot 16 of said plat, being a point on the easterly right-of-way margin of 97th Ave. W.; Thence 'northerly along said easterly right-of-way margin to its intersection with the north line of the south 20 feet of, the east half of the northeast quarter of the northwest quarter of the northeast quarter of Section 36, Township 27 North, Range 3 East, W.M.; Thence westerly along said north line to its intersection with the west line of said subdivision; Thence northerly along said west line to its intersection with the northerly right-of-way margin of aforesaid Edmonds Way; Thence southwesterly along said northerly right-of-way margin to a point 150 feet, as measured along said northerly right-of-way margin, distant from aforesaid "point A"; Thence North 0 47'15" East to a point on the south line of -the aforesaid plat of -Olympic View Estates No. 1; Thence westerly along said south line to the POINT OF BEGINNING. N SCALE 1 "=200' PROPOSED ANNEXATION VICINITY OF: SR 104 and 97th Avenue West RES. NO. DATE ORD. NO. 2832 DATE 5 7 91 SHEET NO. OF OFFICIAL STREET MAP CITY OF EDMONDS LIMITS File No. AX-1-90 Exhibit B Affidavit of Publication STATE OF WASHINGTON, ss. COUNTY OF SNOHOMISH, } ORS LFMM E NO,- The undersigned, being first duly sworn on oath deposes and says of The C1tY of kdmo�ds. Woshlr+talon that she is Principal Clerk of THE HERALD, a daily newspaper _ On Me Ith day of Muy 1991 Edmonds, passedoOrdlno+cle of No. printed and published in the City of Everett, County of Snohomish, 2832, n sumrnery al the c f*w 01 sold ardlnoncr>, con!lMlnq of and State of Washington; that said is a newspaper of Itie rirre arovioes as follows: newspaper er P P AN 04 NANCE OF THE CI T Y N N XµO SeFRTAINN REAL general circulation in said County and State; that said newspaper ptlR�VANT TVRTY OTHE: " ETITIIOI4 has been AAETHOf). SAID PROPERTY approved as a legal newspaper by order of the Superior BEING LAND LOCATED IN THE Court of Snohomish Count wL"sTGATE NEIGHBORf+DOD y and that the notice .............:..:....................... "TION, PROVIDING FOR THE Summary of Ordinance No. 2832 ASSI=55MENT AND COLLi:f . ...._. TION OF TAXES, ANO FIXING ......••.••••••• • TIAE CFFECTlVE ❑ATE OF THE ANNE%ATION- Tl+e full rexf of this Ordinance mil be mailed uppon re4ue'a1........................................................................... DATED this 1tlT dqv of May, .................................. ........................... 1991 JACQUELINE G.PARRETT CRY Crerk I+uhlld,ed: MGv 12, 1.99)........... .................... :.:............ ..... ......... ............................... ..................... ...................... a printed copy of which is hereunto attached, was published in said newspaper proper and not in supplement form, in the regular and entire edition of said paper on the following days and times, namely: May 12, 1991 and that said newspaper was regularly distributed to its subscribers during all of said period. . v Principal Clerk Subscribed and sworn to before me this ........ 13th t) � dayof--------- ----------------- ........M�!x........................ t+ , F: i Notary Public in amend for the State of Washington, residing. at Everett, Snohomish County. B-2-1 Affidavit of Publication STATE OF WASHINGTON, a COUNTY OF SNOHOMISH, OR01NIihIC- N�.2en The undersigned, being first duly sworn on oath deposes and says of the CITY of 1=dmonds wcishlogion o day of ytlf9uf that she is Principal Clerk of THE HERALD, a daily newspaper -the intcouncil tM v Edmonds, romor Ordinancecon er" 2a37- A summary of the contetri printed and published in the City of Everett, Count of Snohomish, p P y of said ordinance, con5111fing of fat lows: me title provides as AN OR61NAKE OF THE CITY and State of Washington; that said newspaper is a newspaper of OF EDMONDS WASHINGTON. ANNEXING eERTAIN REAL general circulation in said County and State; that said newspaper PROPERTY TO THE CITY PURSUANT TD THE PETIT104 METHOD, SAID PROPERTY has been approved as a legal newspaper by order of the Superior LANDATED IN ME NE ATEGH130RH000 ALONG SR 104 AND LEGALLY Court of Snohomish County and that the notice ........................................ DESCRIBED HEREIN, ESTAS, LISHING ZONING CLASSIFICA- TION PROVIDING FOR THE ASSiYsSMENT AND COI.LEC• Summary of Ordinance No. 2832 TiON OF TAXES. AND FIXING ............. ......................................................... .................. .................. .................. ......... The full Text of this Ordlnanc[ will ba mailed upon request. DATED this 7th day of May 1991, JACAL7L;[.INE G. PARRETT City Clerk EXHIBIT "A" File #6.91 BEGINNING at a ilainl on the exlslinp IIn111s Of i1. city of Edmonds as descrllied In ClFv Ordinance No, 1533, being The Intersotlion 0f fhe easterly !'I ht-ol-way margin on 98fR Ave. ' with the southerly line ai the pplrtT of Olympic Vlew Esialas 1,10. 1 as recorded In Volume is o� phis, Pope 14, records Ot Sllailail]ISh countyand being localed In the N.E. of Sec. 36 T27N 113E, W.M.; Thenre southerly along sold city Ornils and eosterly right.af.wcV margin to their In ersactidn with the nruih- erlv r1oht-ot-0y maraln 01 Edmonds Wdy {Secondo Slate Highway Nu. 1•W ; sold point al inters Ilan herelnatter referred to as margin to Its Intersection with the northerly prolonga- fippn of the east line of lot 15 al. the plat of Bergewlst Addition, as recorded in Volume 15 of old% Page 105, retards of Snohomish County, hetng the exlsting dty IimHs us described In city Ordinance No. 957; Thence southerly along sold ngiherfv prolongation, saId ens! Ifni and sold, existing cfly limits to fhe most rgriherly corner of IW 16. sold plat of Ber90ul5t IIfM common to lots 15 and 16 of sold plat, t0 a po 1nt Ivirnq North 42 46'30" E051, 99.22 feet dlstanl from the mast southerly corner at sold lot 15; Thence eosteriy to a point on the westerly Ilne of lot 1 of Edmonds Ht-Way Tracts as retarded In Volume 13 of pPlats, Paagqe 82, records Of $Rai10ml5h County; Thence southerly along sold westerly line to the norlhwc5f corner of lot 4 of sold Plat; Thence easterly clang the northerly In of said tot 4 to The northeast cot ner a1 sold lot 4; Thence easterlY along the anetorlv a nlnnrxrncn or the 5010 plat being a Paint On the easier) righfaint margin of 97th Ave. W,; Thence nariherly along sold easterlyy rllht-ai-waY mnrgin to Ifs IrrlarSetflon with the north line of the south.20 feet of the east half of ltre northeast quarter of the northwest quarter of the northeast quarter of Section 36,. Township 27 North, Range 3 East, W.M.; Thence westerly 010ng sold north line. to Its Infer- wOlon with the west Ilne of said subdivi5lon• Thence northerly along said west line to Its lion with the northn of-wav margin of Edmonds Way; Thence South along sold northN 01-WOY Morgln to a feet as rneasurl spit( northerly rIg a printed copy of which is hereunto attached, was published in said newspaper proper and not in supplement form, in the regular and entire edition of said paper on the following days and times, namely: .............. May..20, 1991 and that said newspaper was regularly distributed to its subscribers during all of said period. .................. ....:._:i.._....-._........:.... _......,,................ ............................... ;. Principal Clerk Subscribed and sworn to before me this............ ? 1 s t dayof ............ ..... ..May.. ......... ..........._................... 19..91.. J s_ G� N ry F Iiln and for the State of Washington, g at Everett, Snohomish County.