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Ordinance 31690006.010.059 PAO /gjz 11/21/97 ORDINANCE NO. 3169 AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, ANNEXING CERTAIN REAL PROPERTY KNOWN AS THE PERRINVILLE ANNEXATION PURSUANT TO THE ELECTION METHOD, ESTABLISHING ZONING CLASSIFICATIONS. AND FIXING THE EFFECTIVE DATE OF THE ANNEXATION.. WHEREAS, after public hearing, the City Council enacted a resolution calling for an election method annexation (RCW 35A.14.0015) for an area commonly referred to as the Perrinville Annexation, and WHEREAS, said resolution also called for an election on whether the property 'in the Perrinville Annexation should be subject to existing bonded indebtedness, and.. WHEREAS, said proposed annexation had been submitted to and approved by the Snohomish County Boundary Review Board, and WHEREAS, an election was held pursuant to State statute; and' WHEREAS, in the November 4, 1997 general election the Perrinville Annexation was approved by the voters, but the assumption of indebtedness was not approved, and WHEREAS, the election results certifying a sufficient majority to permit annexation of the area have been received by the City, and WHEREAS, after a public hearing before the City Council, comparable zoning to that of Snohomish County was designated to be adopted pursuant to this ordinance, and WHEREAS, the City Council finds that the proposed annexation will have no 179765 ' 1 significant adverse environmental impacts, 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, certified election results indicating a sufficient majority was received approving the Perrinville Annexation to the City of Edmonds and such annexation has been approved by the Snohomish County Planning Review Board. The City Council finds it to be in the best interest of the citizens of the City of Edmonds to annex and does hereby annex the territory submitted to the voters as the Perrinville Annexation situated in Snohomish County, Washington as contiguous, proximate and adjacent to the present corporate limits of the City and as more particularly described by its legal description as set forth in Exhibit A and graphically shown on Exhibit B, attached hereto and incorporated in full by this reference. Section 2. The territory set forth in this ordinance and for which said election results were certified for annexation should be and is hereby made a part of the City of Edmonds. Pursuant to the election title, the area so amended shall be assessed and taxed at the same rate on the same basis as property within the City of Edmonds, but the current outstanding indebtedness of the City, including assessments or taxes for payments of any bonds issued prior to or existing at the date of the annexation shall not be levied against the annexed territory. Section 3. Zoning for the annexed area is hereby designed as RS -8 and RS -12 (single - family residential), and BN (neighborhood business) respectively as set forth and shown on the attached Exhibit C. Section 4. This ordinance, being an exercise of a power specifically delegated 179765 -2- to the City legislative body, is not subject to referendum, and shall take effect at 12:01 a.m. on December 15, 1997, said date being five (5) days after passage of this ordinance and publication of a summary and legal description of the annexation area. ATTEST /AUTHENTICATED : SANDRA S. CHASE, CITY CLERK APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: By: _ ( V F Sk2 ILED WITH THE CITY CL PASSED BY THE CITY COUNCIL: SIGNED BY THE MAYOR: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO. 3169 CITY OF EDMONDS SOON%1 MAYOR BARBARA FAHE 11/21/97 11/25/97 12/01/97 12/05/97 12/15/97 at 12:01 a.m. 179765 -3- City of Edmonds Proposed Annexaton Perrinville Area Boundary approved by the Boundary Review Board EXHIBIT "A" LEGAL DESCRIPTION FILE CIO. 11-95 Beginning at the northeast corner of Tract 16I, Meadowdale Beach, as recorded in Volume 5 of Plats,. Page 38, records of Snohomish County, Washington; thence westerly along the northerly Iines of said Tract 161 and Tract 160 of said plat to its intersection with the easterly right -of -way margin of 72nd Ave. W.; thence southerly along said easterly margin to its intersection with the easterly prolongation of the southerly line of Lot 1, Bomeview Addition Into. 1, as recorded in Volume 13 of Plats, Page 91, records of Snohomish County, Washington; thence westerly along said easterly prolongation and the southerly lines of Lots I and 50 of said plat to the southwest corner of said Lot 50; thence westerly to the southeast corner of Lot 51 of said plat; thence westerly along the southerly line,of said Lot 51 to its common corner with Lot 79, Bomeview Addition No. 2, as recorded in Volume I6 of Plats, Page 3, records of Snohomish County, Washington; thence westerly along the southerly line of said Lot 79 to its southwest corner; thence southwesterly to the southeast corner of Lot 8 of said plat; thence westerly along the southerly lines of Lots 8 through I of said plat to the Southwest corner of said Lot 1, being a point on the easterly boundary of Block 3, Admiralty Acres, as recorded in Volume 12 of Plats, Page 48, records of Snohomish County, Washington; thence southerly along the easterly boundary of said Block 3 to the southeast corner of Lot 6, said Block 3; thence westerly along the southerly Iine of said Lot 6 a distance of 168 feet; thence southerly along a line parallel with the easterly line of said Block 3 to its intersection with the southerly line of Lot 7, said Block 3; thence westerly along last said southerly line to its intersection with the easterly right-of-way margin of 76th Ave. W; thence southerly along said easterly margin to its intersection with the northerly right -of -way margin of Edmonds Beverly Park Road (Olympic View Drive); thence southeasterly, easterly, northeasterly, and northerly along said northerly margin to the point of beginning. A pity of Lynnwood Vicinity Ma p EXHIBIT "B" Proposed Perrinville Annexation =Area Proposed for Annexation 3 0 s o � a . pity of Lynnwood Vicinity Ma p EXHIBIT "B" Proposed Perrinville Annexation =Area Proposed for Annexation iR ZZ7 y nw MEMO DALE n elf I *r.01 eo IS] [Z-WA4[01 jjJ IT* SUMMARY OF ORDINANCE NO. 3169 CITY OF EDMONDS, WASHINGTON On the 25th day of November , 199 7 , the City Council of the City of Edmonds, passed Ordinance No. 3169 A summary of the content of said ordinance, consisting of the title, provides as follows: AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, ANNEXING CERTAIN REAL PROPERTY KNOWN AS THE PERRINVILLE ANNEXATION PURSUANT TO THE ELECTION METHOD, ESTABLISHING ZONING CLASSIFICATIONS AND FIXING THE EFFECTIVE DATE OF THE ANNEXATION. The full text of this Ordinance will be mailed upon request. DATED this 1 st day of December 199 7 CITY CLERK, SANDRA S. CHASE 0 RCW 35A.14.015 Election method -- Resolution for election -- Contents of resolution. When the legislative body of a charter code city or noncharter code city shall determine that the best interests and general welfare of such city would be served by the annexation of unincorporated territory contiguous to such city, such legislative body may, by resolution, call for an election to be held to submit to the voters of such territory the proposal for annexation. The resolution shall, subject to RCW 35.02.170, describe the boundaries of the area to be annexed, state the number of voters residing therein as nearly as may be, and shall provide that said city will pay the cost of the annexation election. The resolution may require that there also be submitted to the electorate of the territory sought to be annexed a proposition that all property within the area annexed shall, upon annexation, be assessed and taxed at the same rate and on the same basis as the property of such annexing city is assessed and taxed to pay for all or any portion of the then - outstanding indebtedness of the city to which said area is annexed, which indebtedness has been approved by the voters, contracted for, or incurred prior to, or existing at, the date of annexation. Whenever such city has prepared and filed a proposed zoning regulation for the area to be annexed as provided for in RCW 35A.14.330 and 35A.14.340, the resolution initiating the election may also provide for the simultaneous adoption of the proposed zoning regulation upon approval of annexation by the electorate of the area to be annexed. A certified copy of the resolution shall be filed with the legislative authority of the county in which said territory is located. A certified copy of the resolution shall be filed with the boundary review board as provided for in chapter 36.93 RCW or the county annexation review board established by RCW 35A.14.200, unless such annexation proposal is within the provisions of RCW 35A.14.220. [1986 c 234 § 29; 1979 ex.s. c 124 § 1; 1975 1st ex.s. c 220 § 14; 1971 ex.s. c 251 § 10; 1967 ex.s. c 119 § 35A.14.015.] NOTES: Severability -4979 ex.s. c 124: "If any provision of this 1979 act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [1979 ex.s. c 124 § 11.] Legislative finding, intent - -1975 1st ex.s. c 220: See note following RCW 35.02.170. Severability -4971 ex.s. c 251: See RCW 35A.90.050. Filed with City Clerk: // ? 9 -7 Adopted by Reference Ordinance #—.3 49' on // S ldt,e ,a. City Clerk Page [ 1 ] 12/24/97 STATE OF WASHINGTON, COUNTY OF SNOHOMISH, SUMMARY OF ORDINANCE NO. 3169 CITY OF EDMONDS, WASHINGTON On the 25th day of November, 1997, the City Council of the City of Edmonds, passed Ordinance No. 3169. A summary of the content of said ordinance, consisting of the title, provides .as follows: AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON 'ANNEXING CERTAIN REAL PROPERTY KNOWN AS THE'' . PERRINVILLE ANNEXATION PURSUANT TO THE ELECTION METHOD, ESTABLISHING ZONING CLASSIFICATIONS AND FIXING THE EFFECTIVE DATE OF THE ANNEXATION. The loll text of this Ordinance will be mailed upon request. DATED this 1.1 day of December 1997. CITY GtLERK, SANDRA S. CHASE EXHIBIT 'A' City of Edmonds Proposed Annexation Per rinvllle Area Boundary approved by i the Boundary Review Board�����,�� FILE NO. 11.95 the -northeast— corner .of- Tract - 161 ach, as recorded In Volume 5 of Plats As of Snohomish County, Washingfor along the northerly lines of said Tracf 16 of said plat to its intersection with. th f•way margin of 72nd Ave. W.; thenc said easterly margin to its intersectlo r prolongation of the southerly line of Lc ditlon No. I. as recorded In Volume 13 c Lot 51 of saitl lat; line of said Lot 511 to eview Addition No. 2 , Page 3, records of nce westerly along the southerly lines of Lots of said plat to the Southwest corner of said a point on the easterly boundary of Block 3, re s, as recorded in Volume 12 of Plats, Page of Snohomish County, Washinglon; thence mg the easterly boundary of sand Block 3 to st corner of Lot 6, said Block 3; thence IU he southerly line of said Lot 6 a distance ica southerly alongg a line parallel with the of said Block 3 to Rs Intersection with the ' along last "said southerly line to its Intersection with t easterly rlghl -of -w% margin of 76th Ave. W; then southerly along sal easterly margin to its Inlersectl with the northerly right -of -way margin of Edmonds Beve Park Road (Olymppic View Drive); thence southeaster easterly, northeasterly, end northerly along said northe margin to the polnl of beginning. Vicinity Map for JOK Proposed Perrinville Annexation >: Area Proposed lorAnnexadon Published: December 5. 1997. B -2 -1 I - Affidavit of Publication RECEIVED DEC 12 1997 EDMONDS CITY CLERK The undersigned, being first duly sworn on oath deposes and says that she is Principal Clerk of THE HERALD, a daily newspaper printed and published in the City of-Everett, County of Snohomish, and State of Washington; that said newspaper is a newspaper of general circulation in said County and State; that said newspaper has been approved as a legal newspaper by order of the Superior Court of Snohomish County and that the notice ......... ............................... Summary of Ordinance No. 3169 .................................................................................... ............................... - .................. 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: December S, 1997 ....................................................................................................... ............................... and that said newspaper was regularly distributed to its subscribers during all of said period. _�. z ..................... ................... Principal Clerk Subscribed and sworn to before me this ....5th ........ residing at Everett,