Loading...
Resolution 977RESOLUTION NO. 977 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDMONDS APPROVING THE CIRCULATION OF A PETITION TO ANNEX AN AREA 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, ADOPTING THE BOUNDARIES THEREOF, REQUIRING ASSUMPTION OF ALL BONDED INDEBTEDNESS, PROVIDING FOR ADOPTION OF COMPARABLE ZONING AND REQUIRING SAID PETITION TO REFERENCE SAID FACTS AND REQUIREMENTS. WHEREAS, there have 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, bounded on the north by 228 Street Southwest, on the west by 88`'' Avenue West, on the south by Maple Lane and 234' Street Southwest, and on the east by Highway 99, all as more specifically hereinafter described in Exhibit "A "; and WHEREAS, said notices have been certified by Snohomish County, as required by law, to contain 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 December 14, 1999, January 18, 2000, and February 15, 2000, did in open meeting, meet with said initiators and other interested persons then in attendance; 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 circulation of petitions to annex 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. 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 under the zoning and land use regulations of the City of Edmonds, including the Comprehensive Plan with a classification the same as or as nearly comparable as possible with the land use classification or zone, that the property was zoned immediately prior to its annexation to the City of Edmonds. 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. Page 1 of 2 YR4RE/DATE. RES -O RD\RES 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 22nd day of ebrua , 2000. SIGNED in authentication thereof on the 28th day of February, 2000. G4 H nson, Mayor Attest: Sandra S. Chase, City Clerk Page 2 of 2 YR- #RE/DATE. RES -ORD \RES EXHIBIT "A"" LEGAL DESCRIPTION SUNDQUIST ANNEXATION AX -98 -101 Beginning at a point on the westerly right -of -way margin of 88th Ave. W. at its intersection with the westerly projection of the northerly right -of -way margin of 233rd PI. S.W., being a point on the existing City Limits of Edmonds as described in Ordinance Number 3163; thence easterly along said westerly projection, said northerly margin, and its easterly projection to its intersection with the easterly right -of -way margin of 84th Ave. W.; thence southerly along said easterly margin to its intersection with the northerly right -of -way of 234th St. S.W.; thence easterly along said northerly margin to its intersection with the westerly line of Lot 21, Skelton's Lake McAleer Five Acre Tracts, as recorded in Volume 6 of Plats, Page 21, records of Snohomish County, Washington; thence northerly along said westerly line to the northwest corner of said Lot 21; thence easterly along the northerly lines of said Lot 21 and Lot 20 of said plat, and the easterly projection of said northerly line to its intersection with'the centerline of the right -of -way of SR -99; thence northeasterly along said centerline to its intersection with the easterly projection of the southerly right -of -way margin of 228th St. S.W.; thence westerly along said projection and said southerly margin to its intersection with the southerly projection of the westerly right -of -way margin of 80th Ave. W.; thence northerly along said southerly projection to its intersection with the northerly right -of -way margin of 228"' St. S.W., thence westerly along said northerly margin and its westerly projection to its intersection with the westerly right-of-way margin of 88th Ave. W.; thence southerly along said westerly margin to the point of beginning. AX- 98- 1 01.doc September 10, 1998 Document 1999 REVISED CODE of WASHINGTON Title 35A OPTIONAL MUNICIPAL CODE Chapter 35A.14 RCW ANNEXATION BY CODE CITIES RCW 35A.14.120 Direct petition method -- Notice to legislative body_-- Meeting -- _.... —. ..... Assumption of indebtedness -- Proposed zoning regulation -- Contents of petition. Page 1 of 7 RCW 35A.14.120 Direct petition method -- Notice to legislative body -- Meeting -- Assumption of indebtedness -- Proposed zoning regulation -- Contents of petition. Applicable Cases 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 -4979 ex.s. c 124: See note following RCW 35A.14.015. Sufficiency of petition in code city: RCW 35A.01.040. RCW 35A.14.130 Direct petition method -- Notice of hearing. Applicable Cases Adopted by Reference Resolution # 9 7 7 on . /om isapi.dll ?clientID= 81998& hitsperheading =on &infobase= rcw.nfo� •�� '� — .Gifu Clerk