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Resolution 919RESOLUTION NO. R- 919 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDMONDS APPROVING THE INITIATION OF PROPOSED ANNEXATION PROCEEDINGS PURSUANT TO RCW 35A.14.120, AS TO THE AREAS DESCRIBED IN THE NOTICES OF INTENT TO COMMENCE ANNEXATION PROCEEDINGS FILED WITH THE CITY, BY OWNERS OF NOT LESS THAN TEN PERCENT IN ASSESSED VALUE OF THE PROPERTY FOR WHICH ANNEXATION IS SOUGHT. WHEREAS, there has been filed with the City of Edmonds, certain notices of intention to commence annexation proceedings pursuant to RCW 35A.14.120, as to the areas described in said notices. Said areas taken together are contiguous with the existing Edmonds city limits, and lie within that portion of unincorporated Snohomish County, and legally described as follows: Beginning at a point on the existing city limits of the City of Edmonds, being the intersection of the southerly right -of -way margin of 224`h Street Southwest with the westerly right -of -way margin of 76`h Avenue West, and also being the northeast corner of Chapel Dale, as recorded in Volume 13 of Plats, Page 56, records of Snohomish County, Washington; Thence westerly along said southerly right -of -way margin its intersection with the west line of the easterly 560 feet of the southeast quarter of Section 30, Township 27 North, Range 4 East, W.M.; Thence northerly along said west line to the northwest corner of Esperance Lane, as recorded in Volume 43 of plats, Page 220, records of Snohomish County, Washington; Thence easterly along the northerly boundary of said plat and its easterly prolongation to the westerly right -of -way margin of 76`h Avenue West, being a point on the existing city limits of the City of Edmonds; Thence southerly along said easterly margin to the point of beginning; and WHEREAS, said notices have been found to contain, as required by law, the signatures of owners representing not less than ten percent in value according to the assessed valuation for general taxation of the property for which annexation is sought; and WHEREAS, pursuant to RCW 35A.14.120 and not later than sixty (60) days after the filing of such notices, the Edmonds City Council on July 7, 1998, did in open meeting, meet with said initiators and other interested persons then in attendance and after hearing testimony the Council approved for circulation petitions for annexation of a reduced area, as referenced in Section 1 below; now, therefore, BE IT RESOLVED by the City Council of the City of Edmonds as follows: Section 1. The City Council of the City of Edmonds approves in principle the initiation of annexation proceedings pursuant to RCW 35A.14.120 for the area hereinafter specifically described and petitions for annexation may be circulated within said area sought to be annexed in accordance with the requirements of RCW 35A.14.120. Said area in which petitions for annexation may be circulated, being that area of unincorporated Snohomish county, contiguous to the existing boundary line of the City of Edmonds is described in Exhibit A to this resolution which Exhibit A by this reference is incorporated herein as though fully set forth. Page 1 of 2 Section 2. The area described in Exhibit A, if annexed, shall be required to assume the general indebtedness of the City existing at the time of the effective date of such annexation. Section 3. The area described in Exhibit A, if annexed, shall be zoned with a classification of "RS -," such zone being that most nearly comparable with the land use classification or zone of the property prior t its annexation. Section 4. A certified copy of this resolution, together with copies of the written notices of intention to commence annexation proceedings, shall be filed with the Snohomish County Boundary Review Board in accordance with its procedures. Section 5. Petitions for annexation to be circulated as authorized by this resolution shall set forth clearly, the decisions of the Edmonds City Council in Sections 2 and 3 hereof, together with the minute entry of such requirement(s) regarding the assumption of existing indebtedness and the zoning of the properties upon annexation. Section 6. Pursuant to RCW 35A.14.120, there shall be no appeal from this decision of the City Council. PASSED by majority vote of the Edmonds City Council in regular, open meeting on the 21 st day of July , 1998. SIGNED in authentication thereof on the 28th day of Jul y , 1998. Attest: ewAC� Sandy Cf ase City Clerk Page 2 of 2 cs;� ail, -� 1 Barbara Fahey Mayor EXHIBIT "A" KLEINMALEY ANNEXATION AX -92 -62 (Revised July 15, 1998) Beginning at a point on the existing city limits of the City of Edmonds, being the southeast corner of Esperance Lane as recorded in Volume 43 of Plats, Page 220, records of Snohomish County, WA; thence westerly along the southerly boundary of said plat to the southwest corner of the plat; thence northerly along the westerly boundary of said plat to the northwest corner of the plat; thence easterly along the northerly boundary of said plat and its easterly prolongation to the westerly right -of -way margin of 76th Ave. W., being a point on the existing city limits of the City of Edmonds; thence southerly along said easterly margin to the point of beginning. RCW 35A.14.120 Direct petition method -- Notice to legislative body -- Meeting -- Assumption of indebtedness -- Proposed zoning regulation -- Contents of petition. Proceedings for initiating annexation of unincorporated territory to a charter code city or noncharter code city may be commenced by the filing of a petition of property owners of the territory proposed to be annexed, in the following manner. This method of annexation shall be alternative to other methods provided in this chapter. Prior to the circulation of a petition for annexation, the initiating party or parties, who shall be the owners of not less than ten percent in value, according to the assessed valuation for general taxation of the property for which annexation is sought, shall notify the legislative body of the code city in writing of their intention to commence annexation proceedings. The legislative body shall set a date, not later than sixty days after the filing of the request, for a meeting with the initiating parties to determine whether the code city will accept, reject, or geographically modify the proposed annexation, whether it shall require the simultaneous adoption of a proposed zoning regulation, if such a proposal has been prepared and filed for the area to be annexed as provided for in RCW 35A.14.330 and 35A.14.340, and whether it shall require the assumption of all or of any portion of existing city indebtedness by the area to be annexed. If the legislative body requires the assumption of all or of any portion of indebtedness and/or the adoption of a proposed zoning regulation, it shall record this action in its minutes and the petition for annexation shall be so drawn as to clearly indicate these facts. Approval by the legislative body shall be a condition precedent to circulation of the petition. There shall be no appeal from the decision of the legislative body. A petition for annexation of an area contiguous to a code city may be filed with the legislative body of the municipality to which annexation is desired. It must be signed by the owners, as defined by RCW 35A.01.040(9) (a) through (d), of not less than sixty percent in value, according to the assessed valuation for general taxation of the property for which annexation is petitioned: PROVIDED, That a petition for annexation of an area having at least eighty percent of the boundaries of such area contiguous with a portion of the boundaries of the code city, not including that portion of the boundary of the area proposed to be annexed that is coterminous with a portion of the boundary between two counties in this state, need be signed by only the owners of not less than fifty percent in value according to the assessed valuation for general taxation of the property for which the annexation is petitioned. Such petition shall set forth a description of the property according to government legal subdivisions or legal plats and shall be accompanied by a map which outlines the boundaries of the property sought to be annexed. If the legislative body has required the assumption of all or any portion of city indebtedness by the area annexed or the adoption of a proposed zoning regulation, these facts, together with a quotation of the minute entry of such requirement, or requirements, shall also be set forth in the petition. [1989 c 351 § 6; 1979 ex.s. c 124 § 8; 1967 ex.s. c 119 § 35A.14.120.] NOTES: Severability- -1979 ex.s. c 124: See note following RCW 35A.14.015. Sufficiency ofpetition in code city: RCW 35A.01.040. Page [ 1 ] Adopted by Reference Resolution# 91 9 on City Clerk