Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
Permit L93-0021 - OXBOW ANNEXATION - ANNEXATION
This record contains information which is exempt from public disclosure pursuant to the Washington State Public Records Act, Chapter 42.56 RCW as identified on the Digital Records Exemption Log shown below. L93 -0021 Oxbow Area Annexation RECORDS DIGITAL D- ) EXEMPTION LOG THE ABOVE MENTIONED PERMIT FILE INCLUDES THE FOLLOWING REDACTED INFORMATION Page Code Exemption = 8rlef E plainatoty Desclriptim Statuteftle The Privacy Act of 1974 evinces Congress' intent that social security numbers are a private concern. As such, individuals' social security Personal Information — numbers are redacted to protect those Social Security Numbers individuals' privacy pursuant to 5 U.S.C. sec. 5 U.S.C. sec. DR1 Generally — 5 U.S.C. sec. 552(a), and are also exempt from disclosure 552(a); RCW 552(a); RCW under section 42.56.070(1) of the Washington 42.56.070(1) 42.56.070(1) State Public Records Act, which exempts under the PRA records or information exempt or prohibited from disclosure under any other statute. Redactions contain Credit card numbers, debit card numbers, electronic check numbers, credit Personal Information — expiration dates, or bank or other financial RCW 32 DR2 Financial Information — account numbers, which are exempt from 42.56.230(5) RCW 42.56.230(4 5) disclosure pursuant to RCW 42.56.230(5), except when disclosure is expressly required by or governed by other law. l93-0021 OXBOW ANNEXATION City of Tukwila John W. Rants, Mayor Department of Public Works Ross A. Earnst, P. E, Director M E M O R A N D U M TO: RON CAMERON FROM: PHIL FRASER f? J.. DATE: December 3, 1993 SUBJECT: Oxbow Riverbank Stabilization, Trail Relocation and Future Monitoring Boeing officials invited City representatives to meet November 24, 1993 at their offices to review their consultant's recommendations to stabilize the "Oxbow" river bank. (See attached signup sheet). Mark Tobins of GEO Engineers presented his report (see attached November 23, 1993 memo). The November 23, 1993 GEO Engineers report describes a riverbank rehabilitation program, which includes bank stabilization, rerouting the existing trail and monitoring. City officials outlined the interagency approval /permit processes the proposed bank stabilization program may be subjected to ( Shoreline /SRO /LAO /FCZP /HPA /CORPS /SEPA). Andy Levesque of King County reminded Boeing of King County's obligations to provide a public trail. Two questions the City was asked to answer at a future meeting are as follows: A. What specific language under the City's Shoreline Act (or TMC) requires that the existing Boeing built trail must be a public trail? B. Does the City have the right to obligate the underlying property owner (Desdimone Trust administered by Seafirst Bank) to obligations of the original Boeing development? I request these questions be transmitted to Recreation /Parks Director and City Attorney to develop City's official response. PRF /cd Attachments (3) cf: qp7ry Schulz ernon Umetsu -- Rick oxbow.mem RECEI VED J:t:= '993 COMMUNITY DEVELOPMENT 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone: (206) 433 -0179 • Fax (206) 431-3665 Geo Engineers MEMORANDUM Redmond TO: Duwamish West Riverbank Stabilization Project - File FROM: Tom Tobin DATE: November 23, 1993 FILE: 0120 - 174 -R05 SUBJECT: Description of Riverbank Areas Requiring Stabilization, Trail Relocation, or Future Monitoring We have evaluated the current condition of a segment of the Duwamish River west riverbank adjacent to the Boeing Company property. The project area includes approximately 3,300 linear feet of riverbank. On the basis of our evaluation, we have determined that it would be desirable to stabilize certain segments of the riverbank at this time. In other areas of the project, the trail should be relocated away from the riverbank. Other segments of the riverbank should be monitored and may, or may not require future mitigation. The various segments are identified by project stationing. The stationing corresponds approximately to the stationing established by D &M for the riverbank evaluation performed in 1986. SEGMENTS THAT CURRENTLY REQUIRE STABILIZATION MEASURES The total lineal footage of the segments that require riverbank stabilization measures is 275 feet. Station 4 +10 to 5 +40 (130 feet) This is a circular area of erosion that has apparently been an active condition for several years. The eroding bank is near vertical and is progressing to the west, toward the trail. The trail is currently separated from the bank by more than 25 feet. The bank is poorly vegetated in this area. Station 6+00 to 6+15 (15 feet) This segment is a small, steep circular erosion feature immediately downstream from the root ball of a tree that is established on the riverbank. The trail is currently separated from the bank by more than 20 feet. The bank is moderately vegetated in this area. A repair lias apparently been attempted here, as evidenced by geotextile material that is draped over the upper portion of the bank; however, the repair has not been effective. Station 8+60 to 8+90 (30 feet) Station 9+30 to 9+65 (35 feet) These segments are areas with steep circular erosion features. The trail is currently separated from the bank by more than 20 feet in these areas. The bank is poorly to moderately vegetated in these areas. MEMORANDUM to: November 18, 1993 Page 2 Duwamish Riverbank Stabilization Project - File Station 12+00 to 12+ 50 (50 feet) This is an area where the bank has been repaired. The repair consists of riprap on the lower portion of the bank and reinforced soil fill on the upper portion of the bank. The reinforced soil consists of geotextile and geogrid wrapped layers of fill. The wrapped layers have branches (live stakes) protruding from between the wraps. The reinforced soil is slumping severely in the center of the repair. It is not known if this slumping is from continued erosion undercutting the repair, or if this was the as -built condition of the repair. We understand that this repair was completed about one year ago. We recommend that the repair in this area be improved. Because the trail is somewhat close to the top of the bank in this area, it may be desirable to relocate the trail away from the bank. Station 25+45 to 25+60 (15 feet) This segment has a 4- foot -high near vertical slope at the top of a more moderately sloping bank. The bank is poorly to moderately vegetated in this area. The trail is about 8 feet from the near vertical bank. SEGMENTS WHERE THE TRAIL SHOULD BE RELOCATED The total lineal footage of the segments where the trail should be relocated is 200 feet. Station 12+00 to 12+ 50 (50 feet) The conditions in this area are discussed above. Because the trail is somewhat close to the top of the bank in this area, it may be desirable to relocate the trail away from the bank. Station 16 +30 to 17+30 (100 feet) This segment of the riverbank is moderately inclined and well vegetated; however, the trail is very close to the top of the bank (5 feet or Less) along much of the segment. The trail is about 8 feet wide and separated from the paved parking lot to the west by a 3- foot -wide strip of grass. This segment was identified by D &M as an area requiring stabilization. However, in our opinion, the riverbank is currently relatively stable and therefore does not require a structural repair. We recommend that the trail be relocated further to the west, away from the riverbank in this area. Station 17+60 to 18 +10 (50 feet) This segment of the riverbank is moderately inclined and well vegetated; however, the trail is very close to the top of the bank (5 feet or less) along much of the segment. The trail is about 8 feet wide and separated from the paved parking lot to the west by a 3- foot -wide strip of grass. We recommend that the trail be relocated further to the west, away from the riverbank in this area. MEMORANDUM to: November 18, 1993 Page 3 Duwamish Riverbank Stabilization Project - File SEGMENTS THAT SHOULD BE MONITORED Certain other riverbank areas are currently relatively steep and /or were identified by D &M as requiring repairs in their evaluation completed in 1986. In our opinion, these areas appear to be currently performing moderately well and do not require structural repair. We recommend that these areas of the riverbank be monitored. The total lineal footage of these segments is 1235 feet. Station 2 +00 to 2 +75 (75 feet) Station 3 +50 to 4+10 (60 feet) Station 5 +75 to 9 +30, except as noted above (310 feet) The riverbanks in these segments are very steep; however, the vegetation is well established and the banks are heavily overgrown. These riverbanks appear to be currently relatively stable. Station 13 +55 to 13 +65 (10 feet) The riverbank is eroded at a pipe outfall. The area has some riprap in place. Station 13 +65 to 14+00 (35 feet) Station 17 +30 to 17+60 (30 feet) Circular slumps were noted in the river bottom areas below the banks in these segments. These river bottom instabilities could propagate upward and possibly effect the riverbanks. Station 15 + 25 to 16 +30 (105 feet) This segment of the riverbank is an area of recent slumping. The slumping consists of a down - dropped block that is a maximum of about 15 feet wide. The slumping apparently occurred about one year ago. The down - dropped block is moderately vegetated and is not currently eroding excessively. Station 20 +40 to 21+ 50 (110 feet) Station 27+ 50 to 30 + 60 (310 feet) The riverbanks in these segments are very steep; however, the vegetation is well established at the tops of the banks. These riverbanks appear to be currently relatively stable. MEMORANDUM to: November 18, 1993 Page 4 Duwamish Riverbank Stabilization Project - File Station 31+00 to 32+90 (190 feet) The riverbank along this segment is near vertical and ranges from 8 to 9 feet high. The bank is moderately to well vegetated. In our opinion, the riverbank appears to be currently relatively stable. The trail is about 6 to 9 feet from the top of the bank. We observed evidence of instability in the relatively level river bottom at the toe of the bank in this area. The instability may be associated with slumping of the underwater slopes in the interior of the ship turning basin north of this riverbank segment. The slumping may be the result of oversteepening of the underwater slopes by dredged. We recommend that this segment be monitored. If the bank experiences erosion in the future, it may become necessary to relocate the trail further to the south, away from the riverbank. • t• • .1 • ; 11 • 1 ' f I • •:•. •r.i; • .; :,7:.;;.t,:.. ]7 , • .`•'• •.11'1. , •/. •'•�t %� 0 1, • • • , • p ,0 • 0• '•v • • • 1• :- H r U g r L' 2 0 2 .4 ▪ 5 U. Ca )....i.. • ryr. ?t.4 .`' 6.t.; r +•,.. r. • .. 1. S.: j 2 (P IL J1 Y 2 •'• k 'U J LL O 1- W 0 • ,n • ••••r r �i ;l. • .1 :.•j.. l ,r. • -w\ PA 1)/ -r) -4 RIA se& /I it14- ef't If A ',Ilex so _770,57 Jo by rrse.. 00 SO L-171--(C'rN / Be* lye's" •c3C-9 4147 -2 • - 1--eAt-e4 /\Nikr\ 6a.,tk turtt v-e4.-Blic .Cp■tfvatVi :_--‘ r.» A.. v. A. fe. -12 • A vt 1•■•• 4 -4 117,-• %, A et- 9.-G•I 7 1 •*- -- • / .• • • . •":3 47 • I/ / 7//»2• 4 ---' .* . _ •-•■.; - I • - - • .1 . • .; - r L: • • . ■ I•lk-rne S kay, r- c eci (1)nArpirkt-wP k4VDt\tra C: Astdeffl301I 5.4 IL)41At PQ2C.X 1Ve29 ft Yo_l C sC- s4 44. WI- toe? YCfl mu 406 Y-eg(-etr cerec 21 6-86379 71itcratuft 0 OU‘a ci C14 3oos ?3L0. - L 902 -24‘e' 1-0:3-7_L)/7q R .$1,X i707 L- -0,12fly6 R,10./A xecz___. -5relce:7 sizy-720 7 6-e-ENAI agc,-/V it) 13 /24 ilL• Po vox 379 7 7 . 9 asit-t- 6 \_(-6-2ZAro,Y-1.A4>rr u City of Tukwila 6200 Southcenter Boulevard • Tukwila, Washington 98188 October 14, 1993 Mr. Richard Anderson, CPM, RPA Vice President /Special Accounts PO Box 34029, CSC -9 Seattle, WA 98124 -1029 Subject: River Trail Easement at Oxbow Property Dear Mr. Anderson, John W. Rants, Mayor After speaking on the phone previously, it was nice to meet you in person at our City Council meeting the evening the City Council adopted the annexation ordinance for the Oxbow area. At that time, I mentioned I would mail to you the standard trail easement form the City has used with many property owners along the river trail. Please note, we feel it is the City's responsibility to protect the liability for the public's use of the trail. The City also assume construction costs, although Boeing has agreed to build this s behalf. It is my understanding that Boeing has agreed to pre of the trail areas (Exhibit A) for the properties which they are discuss the Desimone properties, as I'm not sure of the locati c involved. Your assistance in explaining the situation would 1 I should point out that it has been our practice to locate the 12 River Environment zone. In some cases, connecting routes— outside of the shoreline area. We will be pleased to work out location as we work towards the granting of the easement. The attached document also includes in the easement rights C monitor and construct riverbank stabilization or dike /levee s be carried out by the City or other public agencies. The grant does not mean the City has taken over the property owner's r type of work, but it does provide access in emergency situatk of the shoreline area, and for assistance in reconstruction of sl are available. property owners from the responsibility for action of trail on the City's are the legal description leasing. We may need to n of all of the properties e much appreciated. ' wide trail within the 40' uch as sidewalks, are the details of the trail's ity access to maintain, stems. The work could ng of such an easement �sponsibilities for this ns to monitor the stability ioreline facilities if funds !. z ) 1;'J • Phone: (206) 433-1800 • City Hall Fax (206) 433 1833 0ci Mr. Richard Anderson, CPM, RPA October 14, 1993 Page Two I will contact your office in a week or so, to see if you need any additional information and to discuss the next step. Sincerely, Don Williams, Director Parks and Recreation Department Attachment: River. Trail Easement cc: Ross Earnst, Public Works Dept. :Vernon.Umetsu, Dept.: o£: Community: Development;: • October 14, 1993 King County Council Audrey Gruger, Chair Calvin P. Hoggard, Program Stall Director Gerald A. Peterson, Council Administrator 402 King County Courthouse Seattle, Washington 98104 (206) 296 -1000 TTY/TDD (206) 296 -1012 Harry Sanders Department of Elections 553A Administration Building RE: City of Tukwila - Annex - Oxbow BRB File No. 1809, City Ordinance No. 1670. All necessary documents and required reports are now a record on the above subject, therefore, the processing proposal is finalized. Accordingly, we are forwarding copies of the necessary to the various interested county departments and other Very truly yours, Gerald A. Peterson Council Administrator By: ax.101141‘,.... CC: Department of Assessments Boundary Review Board Building and Land Development Division General Services Division Office of Finance - Don Robinson METRO Planning Division + Planning & Graphics Department of Public Works Department of Public Safety Environmental Health Division WA State Dept. of Ecology Kroll Maps Thomas Brothers Maps Chicago Title Insurance Co. Commonwealth Land Title Insurance First American Title Co. of WA Ticor Title Insurance Safeco Title Insurance Co. Transamerica Title Insurance Co. WA Natural Gas Co. King County E 911 Program City of Tukwila • Audrey Gruger Larry Phillips Paul Barden District 1 District 4 District 7 Cynthia Sullivan Ron Sims Greg Nickels District 2 District 5 District 8 Recycled Paper Brian Derdowski Bruce Laing Kent Pullen matter of of this documents agencies. OCT 2 51993 COMMUNITY DEVELOPMENT District 3 District 6 District 9 • Y `sct 4P.444' CERTIFICATION C'nzt ,CityCier►,c' the ';:a 4,� o1 City of Tukwila. do certify that this is a S. , t true and correct copy the original t I� on file with the C � ,�,� ' DATED this day .of t 9 City Clerk City of Tu1dt1a Washington Ordinance No. /6 70 • AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ;TUKWILA, WASHINGTON, ANNEXING AN AREA KNOWN AS THE OXBOW, WAIVING THE ASSUMPTION OF EXISTING TUKWILA BONDED INDEBTEDNESS AND ADOPTING PRE - ANNEXATION COMPREHENSIVE PLAN AND ZONING DESIGNATIONS. WHEREAS, a "Notice of Intent to Annex" was submitted to the Tukwila City Clerk by the Desimone Trust pursuant to RCW 35A.14.120, as presented in City Council Resolution 1255, and WHEREAS, after a meeting between the Desimone Trust and the City Council, City staff, property owners, and business owners, an annexation area was established based on logical service area boundaries and staff was directed to proceed with further annexation research in Resolution 1255 on May 3, 1993, and WHEREAS, an environmental Determination of Non - significance was issued on May 26, 1993 on the annexation, and draft comprehensive plan and zoning designations to be established simultaneous upon annexation (Tukwila File No. L93- 0035), and WHEREAS, a Notice of Intent to Annex was filed with the King County Boundary Review Board (BRB) who approved the annexation on July 12, 1993, (BRB File No. 1809), and WHEREAS, pre - annexation comprehensive plan and zoning designations were reviewed pursuant RCW 35A.14.120, 330, and 340, in a Planning Commission public hearing on May 27, 1993, and City Council public hearings on June 7, 1993 and July 12, 1993, and WHEREAS, the City Council approved circulation of a property owner direct annexation which established the boundaries of the annexation, waived assumption of bonded indebtedness, and established the comprehensive plan and zoning designations to be effective upon annexation, on July 12, 1993, and WHEREAS, the Department of Community Development certifies that the received petitions requesting annexation exceed the required 60% of area value needed to approve the proposed annexation (Exhibit A), and WHEREAS, the City Clerk certifies that the received petitions are valid (Exhibit B); NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Annexation. The real property known as the Oxbow and specifically described in Exhibit C attached hereto, and incorporated herein by this .reference as if set forth in full, sh uld be and hereb is annexed to and made a part of the City of Tukwila as of ,1993. • June 18, 1993 REV. ti LEGAL DESCRIPTION for OXBOW AREA BETWEEN WEST MARGINAL WAY.AND THE DUWAMISH WATERWAY S3 SE° ?l BEGINNING at the intersection: of the south line of the John Buckley Donation Land. Claim' number 45 and the westerly right -of -way line for Primary State Highway No.1 (S.R.99) as approved 7- 23 -57, revised 2 -4 -64, Sht. 3 of 7, and established under Deeds, Volume 4099, Page 666, Records of King County, Washington, in the northwest quarter of 'Section .4, Township 23 North, Range 4 East, W.M.; Thence northerly along said westerly margin and its northwesterly extension therof to the north line of tract 55 in Moore's Five Acre Tracts as recorded under volume 9, page 28 under Plats, records of King County, Washington; Thence easterly along said north line of tract 55 and continuing along the easterly extension thereof to the thread of the Duwamish Waterway also being the existing Tukwila City Limit Line (Tukwila Ordinance 1503 and 1515); Thence southerly'along the thread of the said Duwamish Waterway and River also being the existing Tukwila City Limit Line to the west margin of Pacific Highway South (State Rd. No. 1) situated in the.northeast quarter of Section 9, Township 23 North, Range 4 East, W.M.; Thence southerly along said west margin and existing Tukwila City Limit Line to the south margin of South 116th•Way (South 116th Place); Thence westerly along said south margin to the west margin of .West Marginal Way; Thence northerly along said west margin to the north margin of South 116th Way .(South 116th Place); Thence northwesterly along said north margin of South 116th Way to the new westerly right -of -way line and Limited Access line for Primary State Highway No. 1 (S.R.99) as approved 7 -23 -57 and shown on sheets 1 and 2 of 7; Thence northerly along said new westerly right -of -way line to the POINT OF BEGINNING. RECEIVED JUL 0 81993 DEVELOPc∎ii : , :35A.14:130 OPTIONAL MUNICIPAL PLAN persrsitp wear and voice approval or disapproval of the annexa- • '35A .r14.140: t • Direct petition method -- Ordinance providing for • annexation Following the hearing, if the legislative body determines to effect the annexation, they shall do so by ordinance. Subject to RCW 35.02.170, the ordinance may annex all or any portion of the proposed area but may not include in the annexation any property not described in the petition. Upon passage of '.the, annexation ordinance a certified .copy shall be filed with the board 'or county commissioners of the , county in which 'the annexed property is located. Amended by Laws 1975, 1st Ex.Sess., ch. 220, § 16; Laws 1986, 'ch.. 234, § 31, eff: April 3, 1986. Hlatorlcal and Statutory Notes Legislative finding, intent —Laws 1975, lit Ex.Sess.; ch. 220: See Histori- cal Note following § 35.02.170. 35A.14.150. Direct petition method — Effective date of annexa tion Upon the date fixed in the ordinance of annexation the arez annexed shall become part of the city. All property within the territory hereafter annexed shall, if the annexation petition sc provided, be assessed and taxed at the same rate and on the same basis as the property of such annexing code .city is assessed anc taxed to pay for the portion of any then-outstanding indebtedness of the city to which said area is annexed, which indebtedness has beer approved by the voters, contracted for, or incurred prior to, 01 existing at, the date of annexation and that the city has required tc be assumed. If the annexation petition so provided, all property it the annexed area shall be subject to and a part of the proposec zoning regulation as prepared and filed as provided for in RC\ 35A.14.330 and 35A.14.340. Amended by. Laws 1979, Ex.Sess., ch. 124, § 9. . Historical and Statutory .Notes Severabllity —Laws 1979, Ex.Sess., ch. 124: See Historical Note following § 35A.14.015. 35A.14.160. Annexation review board — Composition There is hereby established in each county of the state, other that counties having a boundary review board as provided for in chapte 86 • • CERTIFICATION I,° `1"'7 �-' , City Clerk ofthe City of Tukwila, do certify that this is a true and correct copy of the original on file with the C / DATED thisa� day of , 19 City Clerk City of Tukwila Washington Ordinance No. /670 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, ANNEXING AN AREA KNOWN AS THE OXBOW, WAIVING THE ASSUMPTION OF EXISTING TUKWILA BONDED INDEBTEDNESS AND ADOPTING PRE - ANNEXATION COMPREHENSIVE PLAN AND ZONING DESIGNATIONS. WHEREAS, a "Notice of Intent to Annex" was submitted to the Tukwila City Clerk by the Desimone Trust pursuant to RCW 35A.14.120, as presented in City Council Resolution 1255, and WHEREAS, after a meeting between the Desimone Trust and the City Council, City staff, property owners, and business owners, an annexation area was established based on logical service area boundaries and staff was directed to proceed with further annexation research in Resolution 1255 on May 3,1993, and WHEREAS, an environmental Determination of Non - significance was issued on May 26, 1993 on the annexation, and draft comprehensive plan and zoning designations to be established simultaneous upon annexation (Tukwila File No. L93- 0035), and WHEREAS, a Notice of Intent to Annex was filed with the King County Boundary Review Board (BRB) who approved the annexation on July 12, 1993, (BRB File No. 1809), and WHEREAS, pre- annexation comprehensive plan and zoning designations were reviewed pursuant RCW 35A.14.120, 330, and 340, in a Planning Commission public hearing on May 27, 1993, and City Council public hearings on June 7, 1993 and July 12, 1993, and WHEREAS, the City Council approved circulation of a property owner direct annexation which established the boundaries of the annexation, waived assumption of bonded indebtedness, and established the comprehensive plan and zoning designations to be effective upon annexation, on July 12, 1993, and WHEREAS, the Department of Community Development certifies that the received petitions requesting annexation exceed the required 60% of area value needed to approve the proposed annexation (Exhibit A), and WHEREAS, the City Clerk certifies that the received petitions are valid (Exhibit B); NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Annexation. The real property known as the Oxbow and specifically described in Exhibit C attached hereto, and incorporated herein by this reference as if set forth in full, sh uld be and hereby is annexed to and made a part of the City of Tukwila as of ,1993. Section 2. . Assumption of Indebtedness. Property within this annexation area shall not be required to assume through assessment or taxes, any indebtedness, bonded or otherwise, contracted prior to or existing as of the effective date of the annexation. Said property shall be assessed and taxed at the same rate and on the same basis as property within the City to pay for any bonds issued or other debts contracted subsequent to the date of annexation. Section 3. Establishment of Com • rehensive Plan and Zonin • Desi nations. Simultaneously upon annexation, property in this area shall be subject to the following land use designations: a. "Heavy Industrial" on the Tukwila Comprehensive Plan Land Use Map, and b. "M -2, Heavy Industry" per TMC 18.42 and a "Building Height Exception Area" per TMC 18.50.030, in the Tukwila Zoning Code. Section 4. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City, and shall take effect and be in full force five (5) days after passage and publication as provided by law. PASSED BY THE CITY COUNCIL OFT -IE CITY OF at a Regular, Meeting thereof this L0 day of 1993. Arl'1 ST /AUTHENTICATED: C&;. ne E. Cantu, City Clerk APPROVED AS TO FORM: Office of the City Attorney 7ILA, WASHINGTON, FILED WITH THE CITY CLERK: /?- /6 -99.3 PASSED BY THE CITY COUNCIL: y_ ,ZU_53 PUBLISHED: 9- - l� 3 EFFECTIVE DATE:,9_ 7.- 93 ORDINANCE NO.: /o 20 W. Rants, Mayor June 18, 1993 REV LEGAL DESCRIPTION • for OXBOW AREA BETWEEN WEST MARGINAL WAY AND THE DUWAMISH WATERWAY BEGINNING at the intersection: of the south line of the John Buckley Donation Land Claim' number 45 and the westerly right -of -way line for Primary State Highway No.1 (S.R.99) as approved 7- 23 -57, revised 2 -4 -64, Sht. 3 of 7, and established under Deeds, Volume 4099, Page 666, Records of King County, Washington, in the northwest quarter of Section 4, Township 23 North, Range 4 East, W.M.; Thence northerly along said westerly margin and its northwesterly extension therof to the north line of tract 55 in Moore's Five Acre Tracts as recorded under volume 9, page 28 under Plats, records of King County, Washington; Thence easterly along said north line of tract 55 and continuing along the easterly extension thereof to the thread of the Duwamish Waterway also being the existing Tukwila City Limit Line (Tukwila Ordinance 1503 and 1515); .Thence southerly'along the thread of the said Duwamish Waterway and River also being the existing Tukwila City Limit Line to the west margin of Pacific Highway South (State Rd. No. 1) situated in the northeast quarter of Section 9, Township 23 North, Range 4 East, W.M.; Thence southerly along said west margin and existing Tukwila City Limit Line to the south margin of South 116th Way (South 116th Place); Thence westerly along said south margin to the west margin of West Marginal Way; Thence northerly along.said west margin to the north margin of South 116th Way (South 116th Place); Thence northwesterly along said north margin of South 116th Way to the new westerly right -of -way line and Limited Access line for Primary State Highway No. 1 (S.R.99) as approved 7 -23 -57 and shown on sheets 1 and 2 of 7; Thence northerly along said new westerly right -of -way line to the POINT OF BEGINNING. RECEIVED 'JUL 0 8 1993 DEVELOF-K;;'_ :1, FORM 81 (REV. 7/86) Affidavit of Publication STATE OF WASHINGTON, cad'! COUNTY OF KING, TOM EGAN being duly sworn, says that he /she is the Principal Clerk of Seattle Times Company, publisher of THE SEATTLE TIMES and representing the SEATTLE POST - INTELLIGENCER, separate daily newspapers, printed and published in Seattle, King County, State of Washington; that they are newspapers of general circulation in said County and State; that they have been approved as legal newspapers by order of the Superior Court of King County; that the annexed, being a ® classified advertisement ❑ display advertisement, was published in: E. The Seattle Times ❑ Seattle Post - Intelligencer ❑ and not in a supplement inereof, and is a true copy of the notice as it was printed in the regular and entire issue of said paper or papers on the following day or days September 22, 1993 and that said newspaper or newspapers were regularly distributed to its subscribers during all of said CITY OF TUKWILA period. SUMMARYOFORDINANCE NO.1670 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AN- NEXING AN AREA KNOWN AS THE OXBOW, WAIVING THE ASSUMPTION OF EXISTING TUKWILA BONDED INDEBT- EDNESS AND ADOPTING PRE - ANNEXATION COMPRE- HENSIVE PLAN AND ZONING DESIGNATIONS. On September 20, 1993, the City Council of the City of Tuk- wila passed Ordinance No. 1670, annexing an area known as the Oxbow, waiving the assumption of existing Tukwila bonded in- debtedness and adopting pre-an- nexation comprehensive plan and zoning designations; and es- tablishing an effective date. The full text of thls ordinance will be moiled without charge to anyone who submits a written request to the City Clerk of the City of Tukwila for a copy of the text. APPROVED by the CItY Councl I at Its meeting of 9/20/93. /s/Jane E. Cantu, City Clerk Subscribed and sworn to before me this Twenty -F of September await) Notary P In and fort State of ington residing at rLKM tj I (KCY. // 110) ...... -,. . ,4Y:l.717.4 '•10- t n5.:..... rJ. ,.fl.v+e..n�.+. -n ✓..n tr Affidavit of Publication Ps: S1 /eD COUNTY OF KING, �,�A�C6. roc TON EGAN being duly swom,.says that he /she is the Principal Clerk of Seattle Times Company, publisher of THE SEATTLE TIMES and representing the SEATTLE POST - INTELLIGENCER, separate daily newspapers, printed and published in Seattle, King County, State of Washington; that they are newspapers of general circulation in said County and State; that they have been approved as legal newspapers by order of the Superior Court of King County; that the annexed, being a ® classified advertisement 0 display advertisement, was published in: Kt The Seattle Times 0 Seattle Post- Intelligencer 0 and not in a supplement thereof, and is a true copy of the notice as it was printed in the regular and entire issue of said paper or papers on the following day or days September 10, 1993 STATE OF WASHINGTON, and that said newspaper or newspapers were regularly distributed to its subscribers during all of said period. City of Tukwila • NOTICEOF PUBLIC HEARING that NOTICE a Tukwila City Council GIVEN l hold a public hearing on Septem- ber 20 1993 at 7:00 p.m. In the Council Chambers of Tukwila City Hall, 6200 Southcenter Blvd., Tukwila, TO.CONSIDER ADOPTION OF AN ORDI- NANCE ANNEXING THE AREA GENERALLY KNOWN Subscribed and sworn to before me this Sevens enth AS THE OXBOW AREA FOL- , d1y, LOWING RECEIPT OF A DI- RECT PETITION FOR ANNEX- ATION U September %- 93 WEUUATT PROPERTY RBONDEATHEALLY BOUNDED WEST BY THE WESTERN EDGE OF STATE ROUTE 99, 1 ON THE EAST BY THE CITY OF TUKWILA IN THE MIDDLE OF THE NORTH IBY RIVER, S. i 100TH ST. ALIGNMENT, AND ON THE SOUTH BY THE CITY OF TUKWILA BOUNDARY AT THE SR-99/SR-599 HIGHWAY INTERCHANGE. n and for State f hlnaton CITY OF TUKWILA CERTIFICATE OF POSTING The undersigned, for and on behalf of the City of Tukwila, certifies that on the A day of , 1993, the undersigned posted a Notice of Public Hearing regarding adiri4(otdioit, a copy of which is attached hereto, at the following locations: 1. Tukwila Community Center Fax: 243 -8198 2. Foster Library Fax: 296 -5055 3, Tukwila Library Fax: 296 -5071 4. South Central School Dist. Fax: 244 -8602 6. Highline School Dist. Fax: 433 -2351 I certify under penalty of perjury under the laws of the State of Washington that I am authorized and make this certification on behalf of the City of Tukwila and that the foregoing is true and correct. Signature: Printed Name: Date: Posted Until:. In-ci 4A et .4)Lskt q4( q3 Tjaq ti W CITY OF TUKWILA NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN THAT THE TUKWILA CITY COUNCIL WILL HOLD A PUBLIC HEARING ON SEPTEMBER 20, 1993 AT 7 :00 PM IN THE COUNCIL CHAMBERS AT TUKWILA CITY HALL, 6200 SOUTHCENTER BLVD., TUKWILA, WASHINGTON, TO CONSIDER ADOPTION OF AN ORDINANCE ANNEXING THE AREA GENERALLY KNOWN AS THE OXBOW AREA FOLLOWING RECEIPT OF A DIRECT PETITION FOR ANNEXATION FROM PROPERTY OWNERS PURSUANT TO RCW 35A.14.120. THE AREA IS GENERALLY BOUNDED ON THE WEST BY THE WESTERN EDGE OF STATE ROUTE 99, ON THE EAST BY THE CITY OF TUKWILA IN THE MIDDLE OF THE DUWAMISH RIVER, ON THE NORTH BY THE S. 100TH ST. ALIGNMENT, AND ON THE SOUTH BY THE CITY OF TUKWILA BOUNDARY AT THE SR -99 /SR -599 HIGHWAY INTERCHANGE. ANY AND ALL INTERESTED PERSONS ARE INVITED TO BE PRESENT TO VOICE APPROVAL, DISAPPROVAL, OR OPINIONS ON THIS ISSUE. c�� DATED THIS �1 DAY OF )42- ,04ei1 ,1993 CITY OF TUKWILA J NE E. CANTU ITY CLERK DATE OF PUBLICATION: SEATTLE TIMES, SEPTEMBER 10, 1993 . + .......�.........�....._�..�._. CITY OF TUKWILA NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Tukwila City Council will hold a public hearing on September 20, 1993 at 7:00 p.m. in the Council Chambers at Tukwila City Hall, 6200 Southcenter Blvd., Tukwila, to consider adoption of an ordinance annexing the area generally known as the Oxbow area following receipt of a direct petition for annexation from property owners pursuant to RCW 35A.14.120. The area is generally bounded on the west by the western edge of State Route 99, on the east by the City of Tukwila in the middle of the Duwamish River, on the north by the S. 100th St. alignment, and on the south by the City of Tukwila boundary at the SR- 99/SR-599 highway interchange. Any and all interested persons are invited to be present to voice approval, disapproval, or opinions on this issue. Jane E. Cantu City Clerk Published: Seattle Times - September 10, 1993 -..: : July 16, 1993 Property Owner King County.Parcel #: Dear Property Owner: The enclosed petition letter and attachments are in response to a property owner's request to annex the Oxbow area to the City of Tukwila. Following two public hearings, the Tukwila City Council formally established the annexation provisions contained in the enclosed petition letter at their July 12, 1993 meeting. In order for the annexation to be completed, the petition must be signed by 60 percent of the property owners in the Oxbow area. If you favor the annexation, please sign the petition and return it at your earliest convenience to: City of Tukwila City Clerk's Office 6200 Southcenter Blvd. Tukwila, WA 98188 Names and addresses for this mailing were provided by the King County Assessor's Office. If you are not the owner of the referenced tax property, please forward this information to the appropriate party. • If you require further information, you may contact Vernon Umetsu, Associate Planner, at 431 -3684. Sincerely, Jane E. Cantu City Clerk Enclosures: 9109270297 CITY OF TUKWILA 6200 SOUTHCENTER BLVD. WA N1 CITY OF TUKWILA WASHINGTON ORDINANCE NO. /c71 AN ORDINANCE OF THE CITY OF TUKWILA, WASHINGTON, ANNEXING CERTAIN REAL PROPERTY COMMONLY KNOWN AS THE CASCADE VIEW ANNEXATION AREA, ADOPTING ZONING AND LAND USE REGULATIONS FOR THE ANNEXED AREA, PROVIDING THAT SAID ANNEXED AREA SHALL NOT BE REQUIRED TO ASSUME ANY SHARE OF THE CITY'S EXISTING INDEBTEDNESS, AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Tukwila received a petition certified as sufficient by the King County Prosecuting Attorney, calling for an election to vote upon annexation of certain unincorporated territory contiguous to the City, and WHEREAS, the City Clerk of the City of Tukwila determined that the signatures on the petition were sufficient and filed the Certificate of Sufficiency with the City Council, and WHEREAS, the City Council by Resolution 1112, passed September 5, 1989, approved the proposed Cascade View annexation area election- method annexation, and WHEREAS, the SEPA responsible official for the City issued a Declaration of Non - Significance, and WHEREAS, pursuant to the provisions of RCW 35A.14.330 and 35A.14.340, the City Council adopted Ordinance Nos. 1539, providing for zoning and land use regulations for the N area to become effective upon annexation, and N WHEREAS, the King County Boundary Review Board approved the annexation in CT) File No. 1622, dated January 11, 1990, and _G WHEREAS. pursuant to King County Council Ordinance No. 9347, an election was O) held in the area proposed for annexation on May 22, 1990, with the results of said election being that the voters approved annexation together with the proposed zoning and land use regulations and rejected assumption of the City's outstanding indebtedness. and WHEREAS, . the County Canvassing Board will submit the Statement of Canvass to the King County Council, and the King County Council will enter its finding with regard thereto, and a certified copy of the minutes reflecting such entry will be transmitted, along with the certified abstract of the vote, to the City Clerk, and 0 KING COUNTY RECORDS WHEREAS, the City Council has determined to annex the area proposed for annexation without requiring it to assume any portion of the City's existing indebtedness, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Annexation. The real property known as the Cascade View Annexation Area, more particularly described on Exhibit A attached hereto, and shown on Exhibit B attached hereto, both of which are incorporated herein by this reference as if set forth in full, should be and hereby is annexed to and made a part of the City of Tukwila as of September 1, 1990, and shall thereafter be subject to the zoning and land use regulations as adopted in City of Tukwila Ordinance No. 1539. Section 2. Assumption of Indebtedness. Pursuant to the results of the annexation election, the property within the territory annexed hereby shall not be required to assume through assessment or taxes, any indebtedness, bonded or otherwise, contracted prior to or existing as of the effective date of the annexation. Said property shall be assessed and taxed r- at the same rate and on the same basis as property within the City to pay for any bonds N issued or other debts contracted subsequent to the date of annexation. ti m ' Section 3. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City, and shall take effect and be in full force five (5) days after passage and publication as provided by law. PASSED BY THE CITY COUNCIL Of THE ITY OF TUICWILA, WASHINGTON, at a Regular Meeting thereof t /.51' day o 1990. ATTEST/AUTHENTICATED: • APP OVED AS TO FORM: OFF E OF THE C ORNEY: By FILED WITH THE CITY CLERK: Go. - .65 PASSED BY THE CITY COUNCIL; .6 -7S7 - PUBLISHED: 6 - .2- 9„.0 EFFECTIVE DATE: 6 - ORDINANCE NO.: /5-7 y -4/1110150-411111, • an ID usen, ayor CASCADE VIEW Commencing at a point on the south line of the northwest quarter of Section 22, T23N, R4E, W.M., which lies 957.2 feet east of the west 14 corner of said Section; thence North 18.28'40• East along the centerline of Pacific Highway South 20.88 feet to an'intersectlon with the easterly extension of the north margin of South 152nd Street, said intersection being the TRUE POINT OF BEGINNING; thence North 88.11'04" West along said easterly extension and continuing westerly along said north margin to the east margin of Military Road South; thence northwesterly along said east margin to the north margin of South 128th Street; thence east along said north margin to its intersection with the south line of the southeast quarter of Section 9, T23N, R4E, W.M; thence continuing east along said south line to a point of intersection with a line lying 250 feet (measured perpendicular to) westerly of and parallel with the centerline of Pacific Hwy South; thence northerly along said parallel line to the.south line of the north 34 feet of the north > of the south of the south Yl of the southeast quarter of the southeast quarter of said Section 9; thence continuing northerly along said line which lies 250 feet westerly of and oarailel with the centerline of Pacific Hwy South a distance of 5 feet more or less to a point located opposite station PT 527 + 88.4 on said road centerline; Nthence N12- 21 -28W a distance of 200.30 feet; . thence S88- 56 -52W to point which lies 564.93 feet westerly of the west margin ci of Pacific Hwy South when measured along said line; G thence N 00- 05 -43E a distance of 483.93 feet mare or less to a point on the CT south line of tax lot 092304 -9367; thence west to a point which lies 609.72 feet east of the west line of the southeast quarter of the southeast quarter of said Section 9 said point being the southeast corner of tax lot 092304 -9034; thence northerly to a point on the north line of said southeast quarter of the southeast quarter of Section 9 which Is located 614.26 feet east of the north - west corner thereof; -f,4ii, r . r , , , k - • ... . , 1.1 • '''''5 : \ ' ' . % .. • 4. .,..., .. , . /- 1- ., : 2 ...., • k....4-._r. . • ... . .... 1. • .. ,„ ., !!"..ati...••• . , 4: 0 : i . ., • ,....4,-.... . .. .- # R. tvgii": :•■: ., :1 : • . . 1 I'S ;.'1.."1".• I. '' .... V. : I .\ - lik .. i .:..v. .91 .. • ... • . • . - :.-'.."-'.i.'31•"'i : ..• . ••• :-. • ....,..........:, 114P'11%•;..., . • v ; ; .. ... ; •:r••.? :. w.:.-ti.,',..A; • •"..:• ......,.., • 1 ;•:.q.V: 'r,' ••F lil‘' • • • am, MEDIUM DENSITY RESIDENTIAL 11 • • --r--.- - -s'" •• .. •_......--• .•,.., ...., . -...... ..11iFf::.1. • r 1 OWNAVOSm • '•• "e;;"4... •.; 4." nii•l•-•-• 1: t• i; . 4.11 son , % • _.,"\,...-.., .,... . • . • II • 00.---'-----i". ... ia 4 "e. • : :24. ? , • .1 , !dt s7rIkei;..i e • - I" "--9.- • ,.' ,i„ , t . . 7 ,.1.4. • ----. • , . .. ,. , • ,,,.., . .? / , • • im 4 ••••,• ...., • ,•.,., ,, ...1,, -I ...J.! It. Ir - -- • • ,.„... ...:;•e 7.. 1 ' .: ., HIGH DENSITY RESIDENTIAL ...: • .. .,,......z.._. .....\ ,;•':•.:• ri ... 1 0 • .1' s. • ! : ' `" ' : ...-:;-' • '• • •'''. 'A) \ • 1 .. ,. 1. • • .,-----1""'" •••• \ . I \ • ;*, \ \it 9‘1;:s.Y01\ • • , 0 1 6. Cs LI Ili 'Ina mOW.4441Wo • • 1.4 .•.t) • • 1••••■••., LIGHT INDUSTRIAL • 1, MEDIUM DENSITY RESIDENTIAL RESIDENTIAL ... : - :. Ia • . 1 1 11 ...„,..p.11:::ti a , s• , • ...I.. i 1, . ke,i,•,- -4,P! .." i• • -.. ch. ' ' • 1 ' . L.:- \17e•F-1 • • u . J ft. .1 li I ' •V---• 1 • .1 1 • - , • . , • ', °I.. .. •,: LOW DENSITY RESIDENTIAL HIGH DENSITY RESIDENTIAL. • t.• • '" a •• f 0,14 ,•4041 .1 • . • • • .1.•Ti.• a ' • COMMERCIAL • • .••11.• MOH DENSITY RESIDENTIAL;4•....,;., • e. , 1)% ." :•.4% L.. COMMERCIAL ,t • T. -el p 1.1”.7r ,•• 4'1 HIGH DENSITY RESIDENTIAL ••ile. 0 • I MENT B - -• •. ' • •£ "1.4 •• ••• • • • .`a • • • • ii ... c.,$ 2 :. , • • . t;.• • .. .1•1:- •• ..•. '13 to ; I0 . • ■ , jCIA•., 0 ) • t i. • L' l.• 1). • :(;'.* ..;1.12 a • a'. 1!?' 1: • %! .. : 4::i,rt‘ .i;:.•4;'41' 1a.• :• :.. : : ie■ 1 ;*.ti•..1?..,c,.3. (.0. ',±,11-q: • 1 4. : • ."r1; di . •. ': II. ;:1 • ,• e. • , .:.67....: ::"`7•7t'-1.. % • C{1111111.• !...-. : ' 11 (1 • : ': • •'• 1 • • 4: lo‘7., , ; ., 11, I .j , , :1, . •1 • • 1 • •• 1.1E. • ::."7.• • • COMMERCIAL MEDIUM DENSITY RESIDEN'TIA • MOH DENSITY RESIDENTIAL • ° . • ••• - • " -93 si(' • 1. --.. ■• - DeNifyyl , . • cit ..„, Al • .6,- LN got • • • '3, •-?.. •-•, !,‘)°•.1P4111111- :Gep t. • 4, • •• • a •Q' 7:747" 14•4'1.3.14"°- ;let' t • • '•'' of • ''::'..Y31)r •1•194::' • ';;; • sVita,Ttl ";•■••-:•:,•C; ; " . •• • :"...te ^•c• • .1 " • • • ! :MEDIUM DENSITY RESIDENTIAL .,:. ' Ivr,Li.5:iii1 r: v 1 i :.!..1,.,° " # j a . a,: : ' .9...e]; ..- ' • • • • ka'.. . I te kil "' ••• a . • 4 OP3 I • i 11. .. ! Z ! 1 . ...')..11 . MON DENSITY RESIDENTIAL MEDIUM DENSITY RESIDENTIAL Ufrreii COMMERCIAL iiLj I MOH DENSITY RESIDENTU • •;111 i''•;."7: - - . - v. - • - a • a, ■ 0 • •„„•.• • • .0,u U• f- • - ; • .3 00;e1;:::fti •••• • seq. • . ; 1 o . • •• ? iuro .J°.ito• aw. • • 9 • mt) • • 0 0. emtE :S • 1..4 11: te• moors ! I ,!„1 • fm e i`rftil• I . : 4P. troY1 D ,o ' .• • : • . • • CORSIENCIAl. •■?,,e) • cril te4. 9•11.• •41..%cbi •a • O. i? 1161.11: LCIFJS.E.C-TED C A sonic A 4 14 EX 14 7/ 0 ccfie , IC AREA EXCLUDED FROM ANNEX ATIO BY BRB 1 F TION CT) .a *6'14 • IS - • lit:L.°. rp.....1 • ••*-P'" : 1-'i...'. 1,-% 1VP:` • ...• . 0 i Ht.es.ab...: .... *' 1,1. s.1 c.'' . .. 111,3,...it E:,,,,--r7r:.`57'••! ' .k...,r,.....,:: a ...c;%. !Et, ;,• ......_,..,! In... _ • ; .7:v i,•,4., .°;•".D. 1 . . , , w. „,.....— • ••-........21/4 %T:.-.----•:rot.: r.- ! ••• --E.! E. p -• • • el •.•-• 6.. V- ..•P' di, CO' c.- • : • •• CI; T-4p* ..''.; IL %--------1),•\*. ... • , r -- ' t? 4 .•.4) '•,,a1 . Vez2.-e. ..S...•' 1......• . a .4. .4.4: ; I. 6„.....:..;.* - . :lg." ;711 .., . ,,..%...;, 11:i:;:',:•oc: 1 —1- • e 3 .g.• . . .. . - --r .;.r$4‘ ''.14.;Zi Lt.:J.4 T,I;;*— --. . 01 ii,„t..24.,&66”,/, klie., 43. •-,. . • ' ; • it:. . c.:1.:;.........-bi...7c241:12:511 ,.;:::::•...t711:9. 4 vPi ■,,E; ..54,5::::..:::1:...,,rb. a • • I.. • . • 1•••■•:•15%'. 1.4..,4.... . 1VC-5*.117-41 .. .... ..74t ' ....0 .....:,: ..ei , Il- N.. 9c,.. 1 • ... . ......... '''' .n.:■li•••'..,...a: T-•-•.:10:311•': _ .„,..........7„; .•...••. : .. ci ...7c.•:_ta ......... _ ,.:.."5 .q.......; .....,:.1.4j.___,I.1..it !......7A ' • ‘3 14% - • . .... - - • - D 7".; sJ• • 1 „..D....2._„,=_42.!.7..;_‘1....7. 1-1.:41.. . n ' • • •::: ,r. „...— &:...e.• ,...r:__A.,s• -...,...;;LaJ”. off‘icit lir.----c-dt-77-17......:4H;-'i! , . el,• . •i•G ' - .!....! •• • • '• • r • .._•••?: •:.-:.!..:•°;'7?--: . =_—... • ' ... ,,its,„•77,-••=.. • --•.77... ..:#5.:.":‘t.o•,-.-,C' •,- F. = .g. _ : ....k.,'-°' VE.,q e p• Zs:14 *•-••••`: 2 '" 'r• '•••• -------7.-• ' telig 'Z, el O .." " ";•- 9 .. lit''... /I, %L;i:r-4- I .^94 .... - Co ' F ri t ET 1 it ;.._ . ••+ :,••• ■ 16.0*. .:. all'• Z. •••" ... •L:t''.. \itZ 1,......, '.....1"--9-4 7:ii .i.-c. : 19'1 ••4.1.--7 •••-•.. it• • m,--,___; el Iv- ---, • .0 .•,..• • —; .4 • • ... 4: •••.--;0,,`,.,,,.t . • . • ,,V,_ - .t1,t -' .i. '43 b „,1-4,61 ! ... !. -.--- . ..:..• 1-7 . C....- .0..... 5 ':! s ; :9‘16,.., ......al '; - - - '''''....• - • - I .Ibt + ,, cl'ftl ..••■• ..... cPri° • , • . , ..,•3,0..,.,.. R.: ieti3 . ,, • .• is.,_. .:;•,z);.:6iii-...• ..1) • ir! . . -ys'":f;q• . ''''',. f..•-•t-: .... -•1 r.«.-..7•77....! ' •--c• to ...t•c! cr a' " :4 1.10 ' 1 - D'ier..:c!!.7 ”... -.s.'.;2...•__{. v: di 4 1,11, .0%1 0 m'et tri3 kat-- ,i1;•.'.• ---=--•--• 1 :„....° . ! •cii''' "59; 1 •! v,!-.,,,. : 4'1,2. -t.•:•:.-1-._.__-4.1. '4 i.."...j1. • / irs . 4. 4- ‘,... 7 ...-, :.': :4' : : ,,,r7::17-7-'.•-•"a7 tia. .411', . , - . ' ...WP "L.. , ijz. :! z• -= -' ' 1 LI •••••.. -.,‘,41:1- _is • 1;L_t__- '..,.. ! tc; oc);?fl---mici 0 -- 7 V ', 15, ;Ay r . 417:71. r.- 4._ --J.i ;Iiii I: ili,e4 ■ ' ...N. Pi''''• •.' ? C 4'-p"— ,. :_2 . g, _—,:.7-, • 7 - il:F .0 •:- ' ;!, k • i u ....., ..,•;:i:117,,'..0 ...„ .a.i irr.." "g.1 , M.-4C1, :3. . U.4.!.., ....1. . 4 4 ...., o'"G .:; ....'.%"1: 7,.= .... --. • c; ; - ki. g V.:-.-.• r • — i c ".A.:.; C. .-zoca' 1-1...-,..E. , . ,IA■5. c. ogp - 5,.:..... c: 7. c c.,(Ccs 4. 7 :13 c7 4 0 --• K; :7:57770.. lo ,) ;,' r., t ----":""7"' le'.....c • s' s' : • • 1 . '' — • • V. . .n . , :eve g :t.ext•ct .0- •••T „ -.1%!..;eta 42 1: „ c ' • ; ' IACC i9 , • " f; g _ DC V • ••■ 3, CI 4"? el P,. 11 ••‘•1 1 1. :,;•.! . • ,.....— 6 KNOX'S i . r.,... • 1, if, 971 . : 1.. ca. .1.4 • .;• .. . Etliri ACRE . , " .0 •4. • 6 l qi 8,3.1 !- ,_ .. el.:IC Ii:A ""( TRACTi • VT.. • " eyellls,ce4 • •IpC,` ",--rk41?•Op mii•tii!c•e!ple.111,-T 11 • • • "1,4i.. • • , ; rsca, • l4,2.1.8s7 AFFIDAVIT State of Washington) ) s.s. County of King ) James E. Strock (Strock) and Richard H. Anderson (Anderson), being first duly sworn, on oath, dispose and say: 1. That Strock is Vice President and Manager and Anderson is Vice President /Special Accounts in the Real Estate Investment Services department of the Investment Management and Trust Services division of Seattle First National Bank, a national banking association. 2. That Seattle First National Bank is successor co- trustee under trust agreements executed by Giuseppe Desimone on November 18, 1943, and Assunta Desimone on December 31, 1974, (husband and wife) and that said trusts are administered by co- trustee as and respectively. 3. That the real property commonly known as "Oxbow Industrial Park" is owned by these two trusts. 4. That Paragraph 10, in Giuseppe Desimone's trust, and Article IV, Paragraph E of Assunta Desimone's trust, give the trustees the following authority: "The Trustees shall have the following rights, duties and obligations: The Trustees shall have the management and control of the Trust Estate, including all income and earnings therefrom, with the right and power to sell, alienate, assign, hypothecate and encumber the same or any portion thereof, together with the power and authority to invest or reinvest the same, with full power to retain any and all property which I may own at the time of my death." Further: "In respect to any investments at any time constituting a portion of the Trust Estate, the trustees shall have the right to join in or become a party to any agreement or reorganization, readjustment, merger, consolidation or exchange." 5. That affiants make this affidavit to document the trustees authority to annex the "Ox. •w Industrial Park" into the City of Tukwila. 40.4 Vice President & Manager Vice President /Special Accounts ames E. Strock ' ichard H. Anderson Subscribed and Sworn to me this 16th day of September 1993 MARILYN BEICH Public in and for the State of Washington SLY iitesjo in Seattle, Washington NO,'ssioa e+.o,It, 410* NOTAR yN'� -- r --►•4- , i PUBLIC ..• 30 -9�0.' O`�C 11 O `,,,,,,,, ` k;``ASH \4. RECREATIONAI/RINER BANK/DIKE TRAIL EASEMENT THIS AGREEMENT is entered into betw.en State Farm i'utual Automobile Insurance Comuanv (hereinafter referred to as "the Grantor "), and the CITY OF TtJKWILA, a Washington optional munidpai core city (hereinafter referred to as "the Grantee "). WHEREAS, Grantor cwns or has an interest in certain re r,i�ppssty (herein- :::.- referred to as "the Property ") located adjacent to Duwt Orlh the City of Tukwila, Washington more rr:rt.'culeey described on Exhibit A attached hereto and incorporated herein by this reference as if set forth in full; and WHEREAS, Grantee is in the process of developing a public recreational trail along the entire length of the Duwamish /Green River within Grantee's corporate limits; and WHEREAS, the City of Tukwila and .other agendas require access to the river bank for maintenance, monitoring, construction of future possible dike /levee and /or river bank stabilization improvements, and WHEREAS, Grantor has agreed to grant an easement to Grantee to develop the Property u an outdoor recreational trail for public use and Grantee has agreed to utilize the Property for such use according to certain terms and conditions; NOW, THEREFORE, in consideration of the mutual benefits and conditions ▪ hereinafter contained, Grantor hereby conveys and grants to Grantee, its successors and assigns, a perpetual, nonecclusive easement across, along, in and upon, the N Property described on Exluoit A attached hereto and incorporated herein by this reference as if set forth in full, subject tc the following terms and conditions, by which Grantee zgr0es to be bound: 1. Use of the Property. Grantee's use of the Property shall be for the purpose of landscaping, developing and n+%ntaWng the Property for public recreational' rail purposes and of installing, maintaining and providing for public use of recreational facilities thereon. The use of the recrea'.lon trail will be restricted to pedestrian, equestrian and bicycle use. Camping, campfires, the use of firearms and any other activities that would be inconsistent with the safe use of the Property by the public will c prohibited. In addition to the restrictions on use provided ..erein, Grantee shall have the power to promulgate and enforce such other rules and reralat!ony for use of the tr'Ii *y the public u it may deem fit and proper to promote safe and equitable use. Access to and also maintenance, monitoring, construction of rive_bank stabil- ization and /or :..w dike /levee systems by the City or other public agmdes, will be carried out on this easement. 2. .Construction and Maintenance. The design of the public recreation trail shall be in the sole discretion of the Grantee. Grantee agreed to make reasonable attempts in designing the pubic recreational trail to accommodate any plans for development by Grantor on property adjacent to the trail. All design, engineering and construction costs incurred in completing the gravel base for the future asphalt trail shall be at the sole cost and expense of the Grantor. Grantee shall be responsible for all maintenance and maintenance costs incurred with respect to the trail. The cunrtrucdo.: and maintenance of trail systems and associated landscaping shall be in accordance with the most current riverbank stabilization studies conducted for this ply TRX (1. REr �JIRED EXCISE Co. a� Sy r a�c� r• ,,,ors (-716 111 M i r. Recreational /River 1 ..k /Dike Trail Easement Page 2 3. Timing of Construction. both parties understand and agree that the time at which the Grantee will develop the recreational trail is unknown at present because of the necessity to acquire additional right -of -way and the funding necessary to construct the trail. Grantor and Grantee agree that Grantor tray, with the prior written consent of the Grantee, make temporary improvements to the Property pending construction of the trail. Grantee shall have sole discretion In determining whether or not to approve any improvements in the Property which would inter- fere with or be inconsistent with Grantee's use of the property for a recreational trail. In the event that improvements are made on the Property with Grantee's con- sent, Grantee shall bear the cost of removal of such improvements at the time of trail construction. Grantee shall not be responsible, however, for paying the cost of relocating or reinstalling such improvements, or for paying the costs of Installing such improvements incurred by the Grantor, or for paying the cost of replacing said improvements. Gramee's app,ovel of landscaping or other development by the Grantor in the easement area shall not constitute a waiver of Grantee's rights under this easement to construct and maintain the recreational trail, nur shall any delay in construction of such trail constitute an abandonment or release of the right to develop such trail by the Grantee. Nothing in this agreement shall be interpreted to imply the City waives its right to further obligate the development /owner to future dike /levee or river bank improvements. 4. Indemnity. Grantee shall indemnify, defend and hold harmless the Grantor from and against any and all claims, losses or liability, or any portion N thereof, arising from injury or t'aath to paws or damage to property occasioned by a negligent act, omission or failure of the Grantee, its offioas, agents and employees, O in constructing and maintaining the recreational trail. O 5. Sucascors. This Agreement shall be recorded with the King County Audi- tor and shall constitute an easement and servitude running with the land, Inuring to the ben_ t of the parties hereto, their heirs, executors, administrators, successors and assigns. Executed by the Granter on Executed by the Grantee on ATTEST /AUTHENTICATED: t1 . JANE E. CANTU, . CITY CLERK APPROVED AS TO FORM •)(k' OFFICE OF THE ATTORNEY 19 90 19 90 . GRANTOR: By x Tr IRUC= Calla, President • Recreational /River C •ink /Dike Trail Basement Page 3 GRANTEES STATE OF WASHINGTON ) )ss. COUNTY OF I certify that I laow or have utlsfactory evidence that Gary L. Van Dusan and Jane Cantu signed this instrument, on oath stated that they were authorized to execute the instrument and acknowledged it es the Mayor and City Clerk of THE TTY cn:.i u;:vvILA to be the free and voluntary act of such party for the uses and purposes I3g (z in the instrument. Dated 1� - 3 — 9�0 .i,,.OR' K Nom. GRANTORS Corporate STATE OF �y�,, iN ) COUNTY OF I r � I I certify that I know or have sa evidence that 'f- signed this instrument, at oath sated that au execute the instrument and acknowledged it as the of be the fret and voluntary act of such party for eLe uses and purposes mentioned in the instrument. /990 n "OFFICIAL SEAL Evelyn Jean Davison S..i to of els e; Pt>Ib�k p s Notary Public, State of Illinois Title L f' �.G'u -� My Commission Expires 11/18/93 My appointment fl-/1-93 STATE OF WASHINGTON ) 4. COUNTY OF I certify that I know or have sstlafictoey evidence that signed this instrument and acknowledged it to b‘ free and voluntary act for the uses and purposes mentioned in the instrument. • Darted Signature of Notary Public Title • My appointment expires C' SOUTH SE4 ;?7L.E SE2VlCE CENTEJ2 7:P oz. Access ,Rood S /Oewa /k# i o► / / /1y Easement 2 '.4ocesrRood Siawo/k1W/ /!1y Basement �y14 v I., • 49 'O4 F 66 %A ilepb c‘. uo.00 _•_ 20.0 / .. n • s*erros• .14 1.1 44�4* •! 41.11,--------= / /_/ L • •r . t.o ' • e 40•40•41'v.r 41.16 if?"......... O 4 • 7u.• . 0js .4l• / 0 Comment ,V v A / /0 J.� /v ..... 11.Ot.• O / R • • . o.00 .•� 1.... 4T.�1/ �� • 06•MI'tw \y.L.soo" ,' ti gar: r'oc: ` '� o ed edit", cc: 1 • A.•"/* taco.ls /r `i �. lot..,,. •b)r / �; a 30 A DAN i 1 - Zt.•6f:,1•• a.�so.00 - --•- . 21.1(1 TRui Po, rr ol• ��! INNIMC Id WI06 61011AWIN.,14 4 UTILITY Er .S CM Gr.IT . so• River Troll —� D bitt'if T. 49. . At. „4 0144 /Gyp,6 e) *g6' TRQa /b'v?r Moil ctl NT 4µ 6f' iv; • • ••■ 5 73.06 LAND rxn' EMI «s.«. 81280. as e•IZ•av *ay. I. •I.•"0 n00 os'qr. .►.: nriuTy IAO t'nrti•r • 1 BUSH, ROED & HITCHINGS. INc. LEGAL DEECRIPTTOU SIDEWALK AND UTILITY EASTAENT SOUTH SEATTLE SERVICE CENTER THAT PORTION OF LOT 1 OF CITY 'F TUKWILA SHORT PLAT NO. 88 -1 -55 RECORDED UNDER KING COUNTY RECORDING N:). 8807210416 LYING WITHIN A STRIP OF LAND 15.00 FEET IN WIDTH BEING DESCRIBED AS FOLLOWS: COMMENCING AT HIGHWAY ENGINEER'S STATION P. 0. T. (2M) 127 + 75.0 ON THZ 2M LINE SHOWN ON THE STATE HIGHWAY MAP OF PRIMARY STATE ZIGHWAY NO. 1 (SR 405) GREEN RIVER INTERCHANGE, SHEET 2 OF 4 SHEETS, ESTABLISHED BY COMMISSION RESOLUTION NO. 1192, FEBRUARY 19, 1962; THENCE NORTHEASTERLY AT RIGHT ANGLES TO SAID 214 LINE NORTH 30'27'06" EAST A DISTANCE OF 284.88 FEET; THENCE TANGENT TO THE PRECEDING COURSE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 300.00 FEET AND CENTRAL ANGLE OF 08'19'06" AN ARC LENGTH OF 43.56 FEET; THENCE TANGENT TO THE PRECEDING CURVE NORTH 22'08'00" EAST, A DISTANCE OF 309.43 FEET; THENCE NORTH 63'59'57" EAST, A DISTANCE OF 60.00 FEET, TO A POINT ON THE EASTERLY LINE OF SOUTHCENTER BOULEVARD AS CONVEYED TO THE CITY OF TUKWILA BY DEED RECORDED OCTOBER 29, 1974, UNDER AUDITOR'S FILE N0. 7410290105 AND THE BEGINNING OF A NON- TANGENT CURVE CONCAVE TO THE WEST HAVING A RADIUS OF 60.00 FEET (A RADIAL LINE THROUGH SAID BEGINNING BEARS NORTH 63'59'57" EAST); /HENCE SOUTHEASTERLY 20.41 FEET ALUNG SAID MARGIN AND CURVE THROUGH A CENTRAL ANGLE OF 19'29'32" TO THE TRUE P011NT OF BEGINNING; THENCE PARALLEL WITH THE NORTHERLY LINE OF SAID LOT 1 NORTH 63'35'49" EAST 15.75 FEET TO A LINE LYING PARALLEL WITH AND 15.00 FEET SOUTHEASTERLY OF SAID EASTERLY LINE OF SOUTHCENTER BOULEVARD AND THE LEGINNING OF A .RCN- TANGENT CURVE CONCAVE TO THE WEST HAVING A RADIUS OF 75.00 FEET (A RADIAL LINE THROUGH SAID BEGINNING BEARS NORTH 79'23'38" EAST); THENCE ALONG LAST ;AID P.•.^,ALLEL LINE THE FC...i.OWING SIX COURSES* THENCE SOUTHERLY AND SOUTHWESTERLY 77.60 FEET ALONG SAID CURVE THROUGH A CENTRAL. ANGLE OF 59'17'03 "; THENCE SOUTH 48' ..0'41" WEST 41.18 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE SOUTHEAST HAVING A RADIITS OF 35.00 Ln FEET; THENCE SOUTHWESTERLY AND SOUTHERLY 16.22 FEET ALONG SAID CURL'. THROUGH A CENTRAL ANGLE OF 26'32'41 "; THENCE SOUTH 22'08'00" WEST 223.43 FEET TO THE Or7 BEGINNING OF A CURVE ^.ONCAVE TO THE NORTHWEST HAVING A RADIUS OF 345.00 FEET; C■1 THENCE SOUTHERLY ? . 90UTHWESTERLY 50.09 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 08'19'06 "; THENCE SOUTH 30'27'06" WEST 106.52 FEET TO THE SOUTHWESTERLc LINE OF SAID LOT 1; THENCE ALONG SAID SOUTHWESTERLY LINE NORTH CT 59'32'54" WEST 15.00 FEET TO SAID EASTERLY LINE OF SOUTHCENTER BOULEVARD; THENCE ALONG SAID EASTERLY LINK THE FOLLOWING SIX COURSESt THE.:CE NORTH 30'27'06" BAST 106.52 F►tT TO THE BEGINNING OF A CURVE CONCAVE TO THE NORTHWEST HAVING. A RADIUS OF 330.00 FEET; THENCE NORTHEASTERLY AND NORTHERLY 47.91 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 08'19'06 "; THENCE NORTH 22'08'00" EAST 223.43 FEE? TO THE BEGINNING OF A CURVE CONCAVE TO THE SOUTHEAST HAVING A RADIUS 01 50.00 ?EE?; THENCE NORTHEASTERLY AND NORTHERLY 23.16 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 26'32'41 "; THENCE NORTH 48'40'41" EAST 41.18 FEET' TO THE BEGINNING OF A CURVE CONCAVE TO THE WEST HAVING A RADIUS OF 60.00 FEET; THENCE NORTHEASTERLY AND NORTHERLY 57.79 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 55'11'12" TO THE TRUE POINT OF INOISMING. SITUATE IN THE CITY OF TUKWILA, KING COUNTY, WASHINGTON. MCA WILLIAM A. HICKOX JUNE 5, 1990 88288.05 /SUR. 16A • • C BUSH, ROED & HITCHINGS. INC. LEGAL. DESCRIPTION RIVER TRAIL EASEMENT SOUTH SEAT LE SERVICE CEii'R1t THAT PORTION OF LOT 1 OP CITY CP T'..'ZWILA SHORT PLAT N0. 88 -1 —SS RECORDED UNDER KING COUNTY RECORDING N0. 8807210416 LYING WITHIN A STRIP OF LAND 20.00 FEE? IN WIDTH BEING DESCRIBED AS FOLLOWS: COMMENCING AT HIGHWAY !NGINEER'S STATION P. 0. T. (2M) 127 + 75.0 ON THE 2M LINE SHOWN ON THE STATE HIGHWAY MAP OF PRIMARY STATE HIGHWAY N0. 1 (5R 403) GREEN RIVER INTERCHANGE, SHEET 2 OF 4 SHEETS, ESTABLISHED BY COMMISSION RESOLUTION N0. 1192, FEBRUARY 19, 1962; THENCE NORTHEASTERLY AT RIGHT ANGLES TO SAID 2M LINE NORTH 30'27'06" EAST A DISTANCE OF 284.88 FEE?; THENCE TANGENT TO THE PRECEDING COURSE ALONG THE ARC OF A CURVE C0 THE LEFT HAVING A RADIUS OF 300.00 FEE? AGD CENTRAL ANGLE OF 08'19'06" AN ARC LENGTH OF 43.56 FEET; THENCE TANGENT TO THE PRECEDING CURVE NORTH 22'08'00" EAST, A DISTANCE OF 309.43 FEET; THENCE NORTH 63'59'57" EAST, A DISTANCE OF 60.00 FEET, TO A POINT ON THE NORTHEASTERLY LINE OP SOUTHCENTER SOULE /AID AS CONVEYED TO THE CITY OF TUKWILA, BY DEED P.ECORDED OCTOBER 29, 1975, UNDER AUDITOR'S FILE 7410290105; THENCE NORTH 63'.35'49" EAST A DISTANCE OF 293.37 FEET; THENCE SOUTH 26'24'11" EAST A DISTANCE OF 354.91 FEET TO TOO TRUE POINT OF BRGIBIIBE:; THENCE SOUTH 72'08'52" WEST, A DISTANCE OF 27.06 FEE?; THENCE SOUTH 72'18'44" WEST A DISTANCE OF 95.05 FEET; THENCE S0U1H 64'02'45" WEPT A DISTANCE OF 114.11 FEET; THENCE SOUTH 58'26'46" WEST 118.30 FEET; THENCE SOUTH 47620'49" WEST A DISTANCE OP 279.23 FEET; THENCE NORTH 59'32'54' WEST A DISTANCE OF 20.5u FEET; CC THENCE NORTH 47'20'49" EAST 287.25 PEET; THENCE NORTH 58'26'46" EAST 121.22 c■J FEET; THENCE NORTH '4'02'45" EAST 116.53 FEET; THENCE NORTH 72'18'44" EAST Ls, 96.47 FEET; THENCE NORTH 72'08'52" EAST 24.02 P;:ET; THENCE SOUTH 26 24'11" Cr, EAST. 20.22 FEET TO INN TRUE POINT OW 1EGIRRZIIG. fV 0 SITUATE IN THE CITY OF ..,R LA, KING COUNTY, WASHINGTON. CT) MCA WILLIAM A. HICROI JUNE 5, 1990 88288.05/881.36A BUSH, ROW & HITCHINGS, INC. LEGAL DESCRIPTION ACCESS LOAD, SIDEWALK AND UTILITY EASEMENT SOUTH SMT!LE sums CENTER THAT PORTION OF LOT 1 OF CITY OF TUKWILA SHORT PLAT N0. 88 -1 -55 RECORDED UNDER KING COUNTY RECORDING NO. 8807210416 LYING WITHIN A STRIP OF LAND 20.00 PELT IN WIDTH BEING DESCRIBED AS FOLLOWS; COMMENCING AT HIGHWAY ENGINEER'S STATION P. 0. T. (2M) 127 + 75.0 ON THE iM LINE SHOWN ON THE STATE. HIGHWAY MAP OF PRIMARY STATE HIGHWAY N0. 1 (SR 405) GREEN RIVER INTERCHANGE, SHEET 2 OF 4 SHEETS, ESTABLISHED BY COMMISSION RESOLUTION WO. 1192,. FEBRUARY 19, 1962; THENCE 'NORTHEASTERLY AT RIGHT ANGLES TO SAID 2M LINE NORTH 30'27'06" EAST A DISTANCE OF 284.88 FEET; THENCE TANCENT TO THE PRECEDING COURSE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 300.00 FEET AND CENTRAL ANGLE OF 08'19'06" All ARC LENGTH OF 43.56 FEET; THENCE TANGENT TO THE PRECEDING CURVE NORTH 22'08'00" MAST, A DISTANCE OF 309.43 FEET; THENCE NORTH 63'59'57" EAST, A DISTANCE OF 60.00 FEET, TO A POINT ON THE NORTHEASTERLY LINE OF SOUTHCENTER BOULEVARD AS CONVEYED TO THE CITY OF TUKWILA, BY DdED RECORDED OCTOBER 29, 1974, UNDER AUDITOR'S FILE 7410290105 AND THE TIDE POINT OF BEGINNING; THENCE NORTH 63'35'49" EAST A DISTANCE OF 293.37 FEET; THENCE SOUTH 26'24'11" EAST A DISTANCE OF 20.00 FEET; THENCE SOUTH 63'35'49" WEST A DISTANCE OF 296.95 FEET 10 THE BEGINNING OF A NON - TANGENT CURVE CONCAVE TO THE WEST HAVING A RADIUS PP 60.00 PEST (A RAP :.1L LINE THROUGH SAID BEGINNING BEARS . NORTH 83'29'29" EAST); THENCE NO*THERLY AND NORTHWESTERLY 20.41 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 19'29'32" TO THE TRUE 7021! Of BUOINNINC. SITUATE IN THE CITY OF TUKWILA, KING COUNTY, WASHINGTON. MCA WILLIAM A. HICEOX MAY 23, 1990 REVISED JUNE 5, 1990 88288.03/SUR. 36A lr0 S1H101A133311 •,. : 9112171259 Filed For Record At The Request Of King County Real Property Division RIVER PROTECTION /RECREATIONAL TRAIL EASEMENT ct�-h THIS AGREEMENT made this r— day o bet 6.1991 -018 DUWAMISH RIVER between r; t=1)7:c2j2 t ()4' ' —v'M F.v l Cc .4'1 P•4iv P m GRANTOR, and King County, a political subdivision of the State of Washington, the City of Tukwila, Washington and the Green River Flood Control Zone, i- District as tenants in common, as GRANTEES: WITNESSETH: The Grantor, in consideration of mutual benefits, receipt of which is acknowledged, and the benefits which will accrue to the land of L 'Grantor. by the exercise of the rights herein granted, do hereby remise, rtrelease, and perpetually grant unto the Grantees, as tenants in common, thier Ci successors and assigns, an easement and right of way for the purposes hereinafter stated along the left bank of the Green /Duwamish River, within a • '(strip of land as constructed or reconstructed on the following described 1.••4 property : 'That portion of revised Lot 3 of City of Tukwila Boundary Line Adjustment No. 91 -4 -BLA as recorded under Recording No. 9105231162, records of King County, Washington, lying Northerly of the following described line: SEE ATTACHED EXHIBIT "A" Said easement and right of way is based upon and subject to the following agreements: 1. The grant contained herein is a covenant running With the land. 2. By the acceptance of this grant the Grantor and Grantees mutually agree that this instrument does hereby supersede, extinguish and relinquish those certain instruments and rights acquired under Recording Nos. 5479828 and 5928214. 3. This easement grants and conveys to the Grantees those rights and interests in the real property herein described as authorized in Sections 86.12.020, 86.15.080, 86.15.100 and 86.16.120 of the Revised Code of Washington (RCW). 4. No structure, fill, or obstruction shall be permitted within the River Protection Easement unless otherwise approved by the Grantees. 5. No party shall take any action on the described easement that would injuriously affect or render the easement appreciably less convenient and useful to any one of the other tenants in common. 6. Grantor and Grantees are subject to the terms and conditions as described in Exhibit "B ", attached hereto and incorporated herein by this reference as if set forth in full. Page 1 of 2 RIVER PROTECTION EASEMENT DUMMISH RIVER Together with the right to enter upon the above described land to construct, reconstruct, maintain, and repair a bank protection and /her other flood control works, including all appurtenances thereto, together with right to trim, cut, fell and remove all such trees, brush, other natural growth, and obstructions as are necessary to provide adequate clearance and to eliminate interference with or hazards to the structures. The consideration above mentioned is accepted as full compensation to the exercise of the. rights above granted. To have and to hold, all and singular, the said easement and right of way together with appurtenances unto Grantees, thher successors and assigns. IN 'WITNESS WHEREOF, year first above written. By: By: G:anto ha si: r\ed this instrument the day and EUFO D DEVE IP NT COMPANY n OR STATE OF &M ) COSTA) Sa COUNTY OF ) On this day me personally appeared and to me known to be and of the corporation that execu•ed the foregoing instrument, and acknowledged said instrument to be the fr- and voluntary act and deed of said corporation for the uses and purposes therein mentioned, and on oath stated thatW_,.,,,, is authorized to execute said instrument, and that the seal affixed is the corporate seal of said corporation. GIVEN under 'my hand and official seal the day and year last above written. GRANTOR IcipbQii -i- PQ 9 ` , before me V10e. Pre si rivrprot.earn A.—,CeL4/N- NOTARY PlIBLXC in . dad for t e Stateaf 1&s411-n -tai residing at; ! ' My appointamenttexpir.'s; Page 2 of 2 OFFICIAL REAL LISA A. KUHN MAW 1UBUC —CALIFORNIA CONTRA COSTACOUNTY MY commission eeplra J...21 1114 , EXHIBIT "A" - Beginning at the Northwest corner of said revised Lot 3, said Northwest corner being on the West line of said revised Lot 3; thence South 40. 36' 00" West along said West line, a distance of 10.00 feet to the point of beginning of this described line, said point of beginning being on a curve concave to the Northeast whose radius point bears North 53. 38' 10" East and is 500.00 feet distant; thence Easterly along said curve, through a central angle of 30. 40' 42" an are distance of 267.72 feet; thence South 67. 02' 31" East, 70.54 feet to a curve concave to the North; thence Easterly along said curve having a radius of.200.00 feet, through a central angle of 45. 35' 00" an arc distance of 159.12 feet; thence North 67. 22' 29" East, 133.44 feet to a curve concave to the Northwest; thence Northeasterly along said curve having •a radius of 400.00 feet, through a central angle of 14. 52' 18" an arc distance of 103.82 feet; thence North 52. 30' 11" East, 120.00 feet to a curve concave to the Southeast; thence Easterly along said curve having a radius of 325.00 feet, through a central angle of 37. 55' 32" an arc distance of 215.13 feet; thence South 89. 34' 17" East, 43.15 feet to a curve concave to the South; thence Easterly and Southeasterly along said curve having a radius of 325.00 feet, through a central angle of 40. 10' 17" an arc distance of 227.87 feet; thence South 49. 24' 00" East, 27.68 feet, more or less, to a point on the Southeasterly line of said revised Lot 3 from which the most Easterly corner of revised Lot 3 bears North 40. 36' 00" East and is 5.00 feet distant, said point being the terminus of this described line. EXHIBIT "B" 1. Use of the Easement. The City of Tukwila's (City) use of the Easement shall be for the purpose of landscaping, developing and maintaining the Easement for public recreational trail and road purposes and of installing, maintaining and providing for public use of recreational facilities thereon. The use of the recreational trail will be restricted to pedestrian and bicycle use. The use of the road will be for vehicular traffic. Camping, campfires, the use of firearms and any other activities that would be inconsistent with the safe use of the Easement by the public will be prohibited. In addition to the restrictions on use provided herein, the City shall have the power to promulgate and enforce such other rules and regulations for use of the trail and /or road by the public as it may deem fit and proper to promote safe and equitable use. 2. Construction and Maintenance. The design of the public recreational trail and /or road shall be in the sole discretion of the City. The City agrees to make reasonable attempts in designing the public recreational trail and /or road to accommodate any plans for development by Grantor on property adjacent to the trail and /or road. All design, engineering and construction costs incurred shall be at the developer's and /or City's expense. The City shall be responsible for all maintenance and maintenance costs incurred with respect to the trail and /or road. The construction and maintenance of trail and /or road systems and associated landscaping shall be in accordance with the most current riverbank stabilization studies conducted for this easement. 3. Timing of Construction. Both parties understand and agree that the time at which the City will develop the recreational trail and /or road is unknown at present because of the necessity to acquire additional right -of -way and the funding necessary to construct the trail and /or road. Grantor and the City agree that Grantor may, with the prior written consent of the City, make temporary improvements to the Easement pending construction of the trail and /or road. The City shall have sole discretion in determining whether or not to approve any improvements in the Easement which would interfere with or be inconsistent with the City's use of the Easement for a recreational trail and /or road. In the event that improvements are made on the Easement with the City's consent, the City shall bear the cost of removal of such improvements at the time of trail and /or road construction. The City shall not be responsible, however, for paying the cost of relocating or reinstalling such improvements, or for paying the costs of installing such improvements incurred by the Grantor, or for paying the cost of replacing said improvements. The City's approval of landscaping or other development by the Grantor in the easement area shall not constitute a waiver of the City's rights under this easement to construct and maintain the recreational trail and /or road, nor shall any delay in construction of such trail and /or road constitute an abandonment or release of the right to develop such trail and /or road by the City. 4. Indemnity. The City shall indemnify, defend and hold harmless the Grantor from and against any and all claims, losses or liability, or any portion thereof, arising from injury or death to persons or damage to property occasioned by a negligent act, omission or failure of the City, its officers, agents and employees, in constructing and maintaining the recreational trail and /or road. ATTEST /AUTHENTICATED By: (e Ci,ry Clerk APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY By: Yy STATE OF COUNTY OF riv f iifi( ) ss. I certify that there appeared - - fore me •ersons that I know or s t�tory evidence were (..a_I%. --- and who signed th- AGREEM on oath stated that they were authorized to execute the instrument and acknowledged it as the Mayor and City Clerk of the City of Tukwila to be the free and voluntary act of such party for the uses and purposes mentioned in this instruint. DATE: - /7 , 1991 Notary Public jf in and for the State /Oof W ashing..op residing at /1-l? % ,,3 My Appoirftment Expires W W Q INTERURBAN 3 30 30 30 50' w J W I eeiO rlf e. H 50' REVISED LOT 3 SHORT PLAT 50' 50' 1 N- GATEWAY DRIVE 17' FUTURE SIDEWALK----..„... AND UTILITIES EASEMENT c 30.5' VARIES URE ROAD GHT-OF WAY LOCATION OF 7 POPLAR TREES, 8" TO 24" IN DIAMETER ) j� NORTHWESTERLY LINE PARCEL 'A' INSTRUMENT NO. 6' 8505301272 FUTURE SIDEWALK EASEMENT N 49. 24' 00" W 67.00' 8 79. 15' 35" W 12.61' LOT 3B RIVER PROTECTIOIt EASEMENT -EC. NO, 5479828 92,280 SO. FT N46.36'00'E 549.36' PROPOSED LOT/LINE LOCATION 1557,380 SO. FT. LOT 3A r� RIVER PROTECTION EASEMENT REC. NO. 5479828 /NORTHWESTERLY LINE PARCEL 'A' INSTRUMENT NO. 8508301272 PROPOSED RIVER PROTECTION ESM'T (TO BE CREATED BY SEPERATE INSTRUMENT) (WIDTH VARIES APPROXIMATELY is TO 20 FEET) N. — o_ I- u-1 s 40'36'-00"-W 2115.47' v 48th AVENUE SOUTH SOUTHERLY LINE PARCEL 'A" INSTRUMENT NO. 8508301272 IVER LEGEND PROPOSED SANITARY SEWER EASEMENT -- STORM DRAINAGE WATER LINE -----------. (STORM AND WATER EASEMENTS AS RECORDED UNDER REC. NO. 9105231164) 10 N N RIVER PROTECTION EASEMENT REC. NO. 5928214 MOST EASTERLY (CORNER PARCEL 'A' INSTRUMENT NO_ 8508301272 EASEMENT FOR LOCATION OF 6 POPLAR WATER PIPELINE TREES, 8" TO 20" IN AND INCIDENTAL. DIAMETER. PURPOSES REC. NO. 7312050083 DATE 10-15-91 BCE NO. 3132 AF/I& AUG2G1993 TUKVI LA PUBLIC WORKS August 24, 1993 Mr. Phil Frazier City of Tukwila 6300 South Central Blvd., Suite 100 Seattle, WA 98188 Re: Duwamish River Bank Stabilization Dear Mr. Frazier: Seattle First National Bank is co- trustee of the Desimone trusts, owner of the Skagin Marine and Petrolane properties located at 10600 - 10800 Pacific Highway South, along with substantial other properties in the area. Both of these locations front on the east bank of the Duwamish River and we have experienced, and are continuing to have, substantial erosion of the banks which slope into the river, which we wish to control. You suggested that I get the ball rolling by writing to you requesting a pre - permit meeting with the City of Tukwila, the Department of Fisheries, and the Corp. of Engineers. As we understand that both Boeing and the Port of Seattle anticipate bank stabilization and /or significant construction in the river, it is our desire to begin the permitting process, which, I have been told, will take 90 - 120 days, so we may be in a position to have this bank stabilization accomplished while the heavy equipment is in the river for these other projects. Seaflrst Bank Real Estate Investment Services 701 Fifth Avenue, 9th Floor /Post Office Box 34029, CSC 9 Seattle, Washington 98124 Mr. Phil Frazier August 24, 1993 Page Two I can be contacted at (206) 358 -3409 and am available on reasonable notice to attend a pre - permit conference, if appropriate. Very truly yours, Richard H. Anderson, C.P.M., R.P.A. Vice President /Special Accounts (206) 358 -3409 cc: Joe Robel, Department of Fisheries Desimone Co- Trustees & Interested Family Members Robin Ackerlund Jim Gallagher Jim Reinhardsen RHA/ser a:\ra \bankstab.des ••■ (11SEARr July 30, 1993 Mr. Vernon M. Umetsv Associate Planner Department Of Community Development City of Tukwila 6300 Southcenter Boulevard Tukwila, WA 98188 Re: Oxbow Annexation Dear Vernon: I know you will be pleased to find enclosed the annexation petition signed by all the Desimone Trustees and Katherine Desimone, individually, representing far more than the 60 percent ownership you need to complete this annexation. Your staff really made a chore out of this project as they sent the petitions to Boeing, Sabey, & Fremont Associates, etc., and my poor assistant had to consolidate all of these parcels into this one petition. At any rate, it is done. I'm on vacation until August 16, 1993, but if you need anything please contact my overworked assistant Marilyn Beich, at (206) 358 -3414, or the account attorney, Mr. David Sweeney, at (206) 447 -9700. Very truly yours, Richard H. Anderson, C.P.M., R.P.A. Vice President /Special Accounts (206) 358 -3409 RHA /ser Enclosure cc: David Sweeney Lt /ox- Annex /7 -93 Seafirst Bank Real Estate Investment Services 701 Fifth Avenue, 9th Floor /Post Office Box 34029, CSC 9 Seattle, Washington 98124 ANNEXATION PETITIOI::.._ WARNING: Every person who signs this petition with any other than his true name, or who knowingly signs more than one of these petitions, or signs a petition seeking an election when he is not a legal voter, or signs a petition when he is not a legal voter, or signs a petition when he is otherwise not qualified to sign or who makes herein any false statement, shall be guilty of a misdemeanor. (See enclosed Guideline for Petition Signatures.) Seattle .First National Bank, Rose D. Maselli & Mondo Desimone,as Co- Trustees U/W of Giuseppe Desimone,& Seattle First National Bank Rose D. Maselli & Mondo Desimone as Co- Trustees U/W of 1. NAME: (print I - r - AA �. . ■ ATE: July 26, 1993 SIGNA J I Algeria. AAA. /...v�AI-.. %mot' t . TeZ t. Richard H. Anderson / ames E. Strock Ros D. Maselli Mondo Desimone ADDRESS: Vice President Vice President Co- Trustee _Co-Trustee PROPERTY DESCRIPTION: "See below for address and property %description" 2. NAME: (print) SIGNATURE: ADDRESS: Seafirst Bank, Real Estate Investment Services, CSC -9, P.O. Box 34029, PROPERTY SQattifPft08124 -1029 RING COUNTY TAX PARCEL NO.'S: 04 -23 -04 -9011, (Section and tax lot number or subdivision name and lot number) DATE: 04 -23 -04 -9150, 04 -23 -04 -9001, 04 -23 -04 -9073, 04 -23 -04 -9186, 04- 23- 04 -9190f 04 -23 -04 -9189. (Section and tax lot number or subdivision name and lot number) 3. NAME: (print) 2.61 ex: 2 DATE: q�c� ' A, 199-S K therine M. Desimone, Individually. SICNAMEIRE Katherine M. Desimone, as Trustee Under the 1 and TPs1-amPnt of Richard L Desimnnp dPr a,,,ce4:1- `-'- 9Sk "4'l's"`'.4.0..` therine M.' Desimone PROPERTY DESCRIPTION: (Section and tax lot number or subdivision name and lot number) 4. NAME: (print) DATE: SIGNATURE: ADDRESS: PROPERTY DESCRIPTION: (Section and tax lot number or subdivision name and lot number) 5. NAME: (print) DATE: SIGNATURE: ADDRESS: PROPERTY DESCRIPTION: (Section and tax lot number or subdivision name and lot number) July 13, 1993 . Washington State Boundary Review Board For King County Central Building, Suite 608, 810 3rd Avenue, Seattle, WA 98104 -1693 (206) 296 -6800 TO: THE HONORABLE CITY COUNCIL CITY OF TUKWILA RICK BEELER, DIRECTOR TUICWILA DEPARTMENT OF COMMUNITY DEVELOPMENT FROM: ALDA H. WILKINSON, Executive Secretary IN RE: CLOSING LETTER FILE NO. 1809 - CITY OF TUKVVILA - OXBOW ANNEXATION You have been advised that the above file was filed effective May 27. 1993. The Board has received no request for review as specified in RCW 36.93. Therefore, the 45-day filing period having elapsed, this notice is hereby deemed approved as of July 12, 1993. Sewer and water district proposals and some other actions are also subject to approval by the County Council. If there are changes by the Council, the Board may be required to hold a public hearing at that time. In order for the proposed action to be finalized, it is necessary that you complete the other statutory requirements or procedures specified in your Notice of Intention. Where required, please file one certified copy of your final resolution or ordinance accomplishing this action with the Office of the Clerk of the Council, Room 402 King County Courthouse, Seattle, Washington 98104, ATTN: Ms. Helene Mociulski, together with a copy of this letter. AHW/jc CC: Office of the Clerk of the Council, ATTN: Helene Mociulski Lois Schwennesen, Director, Parks, Planning & Resources Department, ATTN: Jim Reid, Manager, Planning Division K.C. Department of Public Works, ATTN: William Vlcek K.C. Department of Assessments, ATTN: Diane Murdock Manager, Division of Records and Elections, ATTN: Bob Bruce, Elections Superintendent King County "911" Program ato p.,........h JUL 1 5 1993 COMMUNITY DEVf_:? OPMENT July 12, 1993 8:18 p.m. CALL TO ORDER COUNCILMEMBERS PRESENT OFFICIALS OLD BUSINESS Establish provisions to be incorporated in the Property owner's petition to annex; authorize circulation of petition. TUKWILA CITY COUNCIL Tukwila City Hall Council Chambers SPECIAL MEETING MINUTES Mayor Pro Tem Lawrence called the Special Meeting of the Tukwila City Council to order. STEVE LAWRENCE, Council President; JOE DUFFIE, JOAN HERNANDEZ, DENNIS ROBERTSON, CHARLIE SIMPSON, ALLAN EKBERG, STEVE MULLET. JOHN MCFARLAND, City Administrator; LINDA COHEN, CITY ATTORNEY; LUCY LAUTERBACH, Council Analyst; RICK BEELER/VERN UMETSU, DCD; LES BECK, Shops; ROSS EARNST/RON CAMERON/DOUG MICHEAU, Public Works. Umetsu explained there are three provisions that need to be established in the draft petition: 1) Confirm the annexation boundaries; 2) Establish whether or not bonded indebtedness will be assumed; and, 3) Established simultaneous zoning and comp plan designation upon annexation, which the staff and Planning Commission have recommended as Heavy Industrial Comprehensive Plan M -2 Zoning with 115 ft. height exception area. MOVED BY ROBERTSON, SECONDED BY DUFFIE, TO ACCEPT THE ANNEXATION BOUNDARIES AS PRESENTED. MOTION CARRIED. MOVED BY ROBERTSON, SECONDED BY MULLET, TO ACCEPT THE APPLICANT'S POSITION TO NOT ACCEPT THE CITY'S BONDED INDEBTEDNESS.* Councilmember Robertson commented that it is not appropriate to ask Ox Bow to assume the City's bonded indebtedness when all other annexations have had it waived. In all fairness, Ox Bow should be given the same consideration. *MOTION CARRIED. MOVED BY ROBERTSON, SECONDED BY SIMPSON, TO ACCEPT THE PLANNING COMMISSION'S RECOMMENDATION FOR AN M -2 HEAVY INDUSTRIAL COMPREHENSIVE PLAN ZONING DESIGNATION WITH 115 FT. HEIGHT EXCEPTION AND THAT IT BE SIMULTANEOUS WITH THE ANNEXATION.* Special Meeting Minutes- -July 12, 1993 (Page 2) Estab. provisions for annex. (Con't). ADJOURNMENT 8:34 P.M. Councilmember Duffle requested clarification of Heavy Industrial Zoning. Umetsu explained that Heavy Industrial is the heaviest of all the zoning - -a more intense -use zone. It includes processing of metals, heavy stamping of metals, assembly and manipulation of materials, certain types of chemicals (not as in rendering plants), as well as all other lower intensity uses such as warehousing, light metal fabrication, hotels /motels, etc. Robertson inquired as to its current use. Umetsu responded that the current use there is light assembly and warehousing which means it is in line with either an M -2 or M -1 use. The warehousing would be an M -1 or possibly C -M. The truck terminal and contractor assembly yards would be more in line with an M -2 use because of the extensive outdoor storage. The M -2 use is consistent with the M -2 zones on the east side (the entire E. Marginal corridor, which is also a 115 ft. height exception area). Duffie inquired as to what measures had been taken to be sure the property owners were properly informed of the zoning use. Umetsu said notices were hand delivered, mailed and /or posted at driveways of public hearings and public information meetings. He said only one person was in attendance. *MOTION CARRIED. Robertson inquired if the administration is recommending an environmental audit. McFarland stated that the City is not recommending an environmental audit because it would be very expensive, time consuming and there are no apparent reasons for an audit. Robertson commented that he would like to see the issue of the public shoreline trail access resolved. He would like a decision made on whether to execute a permanent easement of the secondary loop that goes out by the river; then, spend public monies to continue the trail access at that point. Lawrence suggested the Council schedule time to discuss this issue with Don Williams, Parks Director, who's experienced in this area. MOVED BY DUFFIE, SECONDED BY SIMPSON, TO ADJOURN THE SPECIAL MEETING. MOTION CARRIED. Steve Lawrence, Mayor Pro Tem Celia Square, Deputy City Clerk Tukwila City Cohn ends John W. Rants, Mayor John McFarland, City Administrator Steve Lawrence, Council President Councilmembers: Joe Duffle • Joan Hernandez Dennis Robertson • Allan Ekberg Steve Mullet • Charles Simpson COMMITTEE OF THE WHOLE July 12,1993 7:00 p.m. 1. CALL TO ORDER Tukwila City Hall Council Chambers 2. PLEDGE OF ALLEGIANCE 3. SPECIAL PRESENTATION a. Peter Townsend, Regional Commission on Airport Affairs (RCAA), request for funding. (Pg . 3) ITIZEN'S COMMENTS At this time, you are invited to comment on items that are not included on this agenda. a. Proposed Oxbow Annexation (Hearing #2) (pg . 7 ) a. Mayor b. City Council c. Staff d. City Attorney e. Intergovernmental 7. MISCELLANEOUS 8. ADJOURN TO SPECIAL MEETING SPECIAL MEETING 1. CALL TO ORDER 2. ROLL CALL 3. OLD BUSINESS a. Establish provisions to be incorporated in the property owner's petition to annex to the City of Tukwila; authorize circulation of petition. (See 5a. above.) 4. ADJOURNMENT The City of Tukwila strives to accommodate people with disabilities. Please contact the City Clerk's Office by noon on Monday if we can be of assistance. JUL 0 9 1993 �.. , v1 tJ N ITY HOW TO TESTIFY If you would like to address the Council, please go to the podium and state your name and address clearly for the record. Please observe the basic rules of courtesy when speaking and limit your comments to five minutes. The Council appreciates hearing from citizens but may not be able to take immediate action on comments received until they are referred to a Committee or discussed under New Business. COUNCIL MEETINGS No Council meetings are scheduled on the 5th Monday of the month unless prior public notification is given. Regular Meetings - The Mayor, elected by the people to a four -year term, presides at all Regular Council meetings held on the 1st and 3rd Mondays of each month at 7:00 p.m. Official Council action in the form of formal motions, adopting of resolutions and passing of ordinances can only be taken at Regular Council meetings. Committee of the Whole Meetings - Council members are elected for a four -year term. The Council president is elected by the Council members to preside at all Committee of the Whole meetings for a one -year term. Committee of the Whole meetings are held the 2nd and 4th Mondays at 7:00 p.m. Issues discussed are forwarded to the Regular Council meeting for official action. GENERAL INFORMATION • At each Council meeting citizens are given the opportunity to address the Council on items that are not included on the agenda during CITIZENS COMMENTS. Please limit your comments to five minutes. Special Meetings may be called at any time with proper public notice. Procedures followed are the same as those used in Regular Council meetings. Executive Sessions may be called to inform the Council of pending legal action, financial, or personnel matters. PUBLIC HEARINGS Public Hearings are required by law before the Council can take action of matters affecting the public interest such as land -use laws, annexations, rezone requests, public safety issues, etc. Section 2.04.150 of the Tukwila Municipal Code states the following guidelines for Public Hearings: 1. The proponent shall speak first and is allowed 15 minutes for a presentation. 2. The opponent is then allowed 15 minutes to make a presentation. 3. Each side is then allowed 5 minutes for rebuttal. 4. Citizens who wish to address the Council may speak for 5 minutes each. No one may speak a second time until everyone wishing to speak has spoken. 5. After each speaker has spoken, the Council may question the speaker. Each speaker can respond to the question, but may not engage in further debate at this time. 6. After the Public Hearing is closed, the Council may discuss the issue among themselves without further public testimony. Council action may be taken at this time or postponed to another date. . ....,•• C TNCIL AGENDA' SYNOPSIS Initials Meeting Date 513 Prepared by Mayor's review Council review ITEM NO. 5a- CAS Number: ca Osa. Agenda Item Title: - Ox Bow Annexation Original Agenda Date: May 3, 1993 1 Original Sponsor: Council Admin. X Thneline:Adopt initiating resolution 5/ 3/93; complete annexation 9/93. Sponsor's Summary: Tukwila has received a property owner petition to annex the Ox Bow area. Upon Council approval, annexation would be based on approval by owners of 60% of property value: Recommendations: Sponsor: Administration Committee: C.A.P. recommended approval of resolution on 4/26/93. .Administration: Recommends approval of the resolution. Cost Impact (if known): N/A Fund Source (if known): N/A Meeting Date Action 6/7/93 Approved pursuing the annexation and initial provisionsin RES 1255. First of two public hearings on the Annexation/Comp Plan/Zoning. 7/12/93 • Meeting Date 5/3/93 Attachments A. Initiating resolution B. C.A.P. review materials. 6/7/93 Additional Annexation Information 7/12193 Additional information requested by the City Council]with attachments *Draft petition letter w/ attachments Tukwila City Council Agenda John W. Rants, Mayor John McFarland, City Administrator Steve Lawrence, Council President Councilmembers: Joe Duffle • Joan Hernandez Dennis Robertson • Allan Ekberg Steve Mullet • Charles Simpson REGULAR MEETING June 7,1993 Ord #1667 7:00 p.m. Res #1257 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. CITIZEN'S At this time, you are invited to comment on items that are not included COMMENTS on this agenda. 5. CONSENT AGENDA a. Approval of Minutes: 04/05/93 b. Approval of Vouchers c. A resolution authorizing the Mayor to sign the King County Interlocal Agreement for distribution of State Growth Management funds. d. Joint resolution between the City of Tukwila and the South Central School District. e. A resolution authorizing the Mayor to apply for an Interagency Outdoor Recreation grant. f. A resolution authorizing the Mayor to execute an addendum to the current Valley Communications Interlocal Agreement. 6. PUBLIC HEARINGS a. Consideration of all aspects of the proposed Oxbow annexation. 7. NEW BUSINESS a. Authorize a budget transfer in the amount of $4,000 for preservation of homes in the Allentown area. 8. REPORTS a. Mayor b. City Council c. Staff d. City Attorney e. Intergovernmental 9. MISCELLANEOUS 10. EXECUTIVE SESSION 11. ADJOURNMENT a. Pending litigation (30 minutes) The City of Tukwila strives to accommodate people with disabilities. Please contact the City Clerk's Office by noon on Monday if we can be of assistance. CC `TNCIL AGENDA' SYNOPSIS Initials Meeting Date Pre red by Mayor's review Council review 5fr `,/ j r Agenda Item Title. • . . 0 x • Bow Annexation • Original Sponsor.. . Council Admin. X . • Timeline: Adopt initiating resolution 5/ 3/93; complete annexation 9/9i. • • Recommendations: • Sponsor: Administration , ITEM NO. 6 �xM RnlrY/. S CZ♦� •^ ?�. }v r Qi� ti0. . r* „. e:. . ./.. v>' : «x ww YP �}�: : '^ NFO : i, .. x Wx w J; d10 i wlwh.;. . }::.: .Tro Meeting Date Kf.; . .. CAS Number: Osai. Original Agenda Date: May 3, 1993 6/7/93 First of two public hearings on the Annexation /Comp Plan /Zoning. Agenda Item Title. • . . 0 x • Bow Annexation • Original Sponsor.. . Council Admin. X . • Timeline: Adopt initiating resolution 5/ 3/93; complete annexation 9/9i. gqnsor 's Summary: , ukwila has received a property owner petition to annex the Ox Bow area. Upon Council approval, annexation would be based on approval by owners of 60% of property value: Recommendations: • Sponsor: Administration , Committee: C.A.P. recommended approval of, resolution on 4/26/93.. . Administration: Recommends approval of the resolution. Cost Impact (if known): N/A • • • • Fund Source (if known): N/A ' • ♦b" titiY }.,m::. !: w {.v:}`: "r Y.' ^ }i:: +.t � 2>n 2i }n r. >: •r...,..;i: ` •<:: ar...... ^[ c: 2?;<;::: �ii�r:::: ;:i� } <:}•r.<:•Yt'��;:::.?�: ;: r: %:; . r!.;{•: iY r.,a.,.2; :^:: ; {M ^.{ti!'♦}: {:: J: v: �.{�: .r }. :. : � ♦v. ?: :: {.. v } <.,+v: TV,..r.:.<.. . r +v:N: 4; .{n::•:: ;•. •.t•`tit }•`.:k `.v.:t•.♦M: }: •.v.w:.vnJ:• .Y......v. :•:�'.Y. ♦...,....., >:...: r..RECORD >�:: !::I� ♦.:C.O: ;: N'r�IL•: >A�TY4N:.. <::; .:.. {.:: +:::....:: «: }. { }•.} ....,,v r{ p, Y`::{ �Y+T.' +n•....'rY:r;•:} }y.!:Y} }{ ^::.. .u♦O .�.., � .Yr: , +: }:v}Y +:ri:. .. kr%:ti:::i'c;:ifi'•.: �. •:t•::v:: f.. ...:. .:::: x.♦:.. Y.. .}. ti..Sv::. ....:.. 4.v .....}T......♦S.n:.....♦. n.:..:.v..:::,..v..:...:..: ... �•...n:...:n h• Meeting Date Action • 51St43 . Approved pursuing the annexation and initial provisionsin RES 1255. 6/7/93 First of two public hearings on the Annexation /Comp Plan /Zoning. • • <d il:x Meeting Date 5/3/93 Attachments. A. Initiating resolution B. C.A.P. review materials. 6/7/93 C. Additional Annexation Information CITY OF TUKWILA NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN THAT THE TUKWILA CITY COUNCIL WILL HOLD A PUBLIC HEARING ON JUNE 7, 1993 AT 7:00 PM IN THE COUNCIL CHAMBERS AT TUKWILA CITY HALL, 6200 SOUTHCENTER BLVD., TUKWILA, WASHINGTON, TO. CONSIDER ALL ASPECTS OF THE PROPOSED ANNEXATION, GENERALLY KNOWN AS THE OXBOW ANNEXATION, WHICH INCLUDES BUT IS NOT LIMITED TO: REDUCED BOUNDARIES, COMPREHENSIVE PLAN DESIGNATION, LAND USE ZONING, AND ASSUMPTION OF BONDED INDEBTEDNESS. THE AREA IS GENER- ALLY BOUNDED ON THE WEST BY THE WESTERN EDGE OF STATE ROUTE 99, ON THE EAST BY THE CITY OF TUKWILA IN THE MIDDLE OF THE DUWAMISH RIVER, ON THE NORTH BY THE S. 100TH ST ALIGNMENT, AND ON THE SOUTH BY THE CITY OF TUKWILA BOUNDARY AT THE SR -99 /SR -599 HIGHWAY INTERCHANGE. ANY AND ALL INTERESTED PERSONS ARE INVITED TO ATTEND AND COMMENT ON THIS ISSUE. DATED THIS 15 DAY OF 1993 CITY OF TUKWILA E E. CANTU Y CLERK DATE OF PUBLICATION IN SEATTLE TIMES: May 28, 1993 City of Tukwila John W. Rants, Mayor Department of Community Development Rick Beeler, Director MEMORANDUM To: Mayor John W. Rants From: Rick Beeler, Director Date: June 2, 1993 RE: Ox Bow Annexation Report to the City Council BACKGROUND Annexation of the Ox Bow area was initiated by the Desimone Trust, which owns a large proportion of the land in this area. The Council expressed initial support of this annexation in its adoption of Resolution 1255 (Attae jq 'A), on May 3, 1993. Pursuant to this resolution: staff has concluded environmental review with a Determination of Non - Significance (L93- 0035), submitted a Notice of Intent to annex to the King County Boundary Review Board, and reviewed the three annexation elements identified in the resolution. Findings and recommendations for each element are summarized below. Supporting documentation has been submitted in tool i 13 SUMMARY ANALYSIS OF ANNEXATION ELEMENTS 1. Should the City pursue the annexation? The total value of all taxable properties in the annexation area for 1993/1994 is $39,722,100. Capital and annual costs due to the annexation have been estimated by all departments and compared with estimated revenues. The annexation can be accommodated with minimal or no difficulty and would generate net annual revenues of $99,600 for the general fund and $20,840 for the surface water utility. It would also result in more logical service area boundaries. A more detailed analysis is presented in shown in Table 1. . Summary costs and revenues are 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • (206) 431 -3670 • Fax (206) 431-3665 . Ox Bow Annexation Report Page 2 June 3, 1993 Item Table 1 Tukwila Net Revenues From the Ox Bow Annexation Max. One Time / Annual Net Capital Costs Costs Total Revenues General Fund Costs and Revenues Tot. Costs 0 Total Annual Revenues Net Annual Annexation Revenue $ 13,400 $ 13,400 $112,4001 Surface Water Utility Costs and Revenues Tot. Costs $7,2602 • $8,900 $16,160 Total Annual Revenues $37,000 Net Annual Annexation Revenue. $ 99,000 $ 20,840 TOTAL NET ANNUAL ANNEXATION REVENUE $119,440 This net revenue increase does not mean that property owners will be paying increased taxes. Total property tax payments are anticipated to decrease by approximately $75,024; primarily due to reduced surface water utility fees. The tax difference due to annexation is shown in Table 2. 1$2.83 property tax per $1,000 assessed valuation X $39,722,100 taxable property in the annexation area. 2$36,300 (= $30,000 Facil Imp. + $6,300 Start -up Costs) amortized over an assumed five year implementation period is $7,260. Ox Bow Annexation Report June 3, 1993 Tax Type Table 2 Total Property Tax Change Due to Annexation Tax Rate Total Per $1,000 Amount3 Page 3 Total Pre - Annexation Taxes County Road $1.48 $ 58,789 County Drainage Utility N.A. $106,0664 Fire District No. 11 $1.50 $ 59,583 Total Pre - Annexation Taxes $224,438 Tukwila Taxes General $2.83 $112,414 Drainage Utility N.A. $ 37,0005 Total City Tukwila Taxes $149,414 Total Tax Reduction Due to Annexation $ 75,024 Staff recommends that the annexation be pursued because it enhances Tukwila's fiscal resources and results in more logical service area boundaries. 2. Should assumption of bonded indebtedness be waived? Tukwila's only existing general bonded indebtedness is for purchase of Foster Golf Course. Properties are now paying $0.14/$1,000 of assessed valuation until mid -1998. The annexation area would pay a maximum of $5,561 annually for four years. In recent annexations, the assumption of bonded indebtedness has been separated from the basic annexation vote. The Council has waived assumption of this debt by all recent annexation areas. 3Based on applying the property tax rate to a total taxable annexation area value of $39,722,100. `Based on Tukwila charges being 65% lower than King County and using estimated Tukwila revenues of approximately $37,000 (Tukwila Public Works). 5Public Works Department estimate. Ox Bow Annexation Report Page 4 June 3, 1993 In a property owner annexation, the assumption may not be a separate voting issue. Property owners will be required to vote on the annexation as one complete package. A decision on assumption of indebtedness will have to be made prior to circulation of the petition. Staff recommends that assumption of indebtedness be waived based on the past practice of waiving this requirement and the significant net revenues generated by the area. 3. What comprehensive plan and zoning provisions should be effective upon annexation? The Planning Commission has held a public hearing and adopted the findings, conclusions and recommendations contained in the "Staff Report to the Planning Commission" dated May 15, 1993 i,` fiathm nt The Planning Commission recommends the following: a. The entire annexation area should be designated Heavy Industrial in the Comprehensive Plan Map, and b. The entire annexation area should be zoned M -2, based on a Heavy Industrial Comprehensive Plan designation and designated a Building Height Exception Area pursuant to TMC 18.50.030. FUTURE ANNEXATION ACTIONS The City Council's public hearing on June 7th is the first of two hearings, no less than 30 days apart, at which pre - annexation zoning must be considered. All other annexation issues may also be discussed at that time. The second public hearing is scheduled for July 12th. Upon closing the public hearing, it is recommended that the Council be prepared to establish the final terms of annexation and take action that night. This is important in order to complete the annexation process before October, and qualify for an October 1st tax distribution of $36,500. Upon Council establishment of annexation terms, Planning staff will prepare and distribute the petitions. The City Clerk will certify the petition votes and certify the election to King County. The City Council must pass a subsequent annexing ordinance specifying the effective date of annexation. A certified copy must be then filed with the King County Council. o"cirpL.2 List of Attachments Resolution 1255 . Ox Bow Annexation Public Service Provision, Costs and Revenues Staff Report to the Planning Commission (for Ox Bow Comprehensive Plan and Zoning (L93- 0034)). ATTACHMENT A City of Tukwila . Washington Resolution No. /a g� A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, TO AUTHORIZE. PROCEEDING WITH THE DIRECT PETITION ANNEXATION OF CERTAIN PROPERTIES AND INITIALLY ESTABLISHING ANNEX- ATION PROVISIONS. WHEREAS, the owners of certain properties (as described in Exhibit A) have submitted notice of their intention to commence annexation proceedings to the City of Tukwila (Exhibit A), and WHEREAS, this notice has been submitted pursuant to RCW 35A.14.120 and is on file with the Tukwila City Clerk, and WHEREAS, the City Clerk has certified that said owners represent not less than 10% of the value of property in a potential annexation area (Exhibit B), and WHEREAS, the City Council is required to meet with the property owners giving notice, to initially establish annexation provisions pursuant to RCW 35A.14.120, and WHEREAS, initial conditions are subject to later modification by the Council after detailed review, but must be finalized prior to circulation of an annexation petition to all property owners, and WHEREAS, City staff has reviewed their initial findings with the City Council; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: Section 1. Approval to Proceed. The City Council hereby approves staff proceeding with the Direct Petition annexation process pursuant to RCW 35A.14.120. Section 2. Initial Annexation Provisions Established. The City Council hereby establishes the following initial annexation provisions, subject to later review: A. The annexation area boundary shall be as described in Exhibit C, B. Assumption of bonded indebtedness shall not be required, and C. Simultaneous annexation zoning shall be established. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a regular meeting.thereof this day of ,1993. S eve awrence, Council President ATTEST /AUTHENTICATED: e E. Cantu, City Clerk Filed with the City Clerk: �%v2 I • l� Passed by the City Council: - Resolution Number /03� APPROVED AS TO FORM: Office of the City Attorney ,..•• .,.ATTACHMENT B OX BOW ANNEXATION PUBLIC .SERVICE PROVISION, COSTS AND REVENUES John W. Rants, Mayor June 2, 1993 Prepared by the Tukwila Department of Community Development Rick Beeler, Director Vernon Umetsu, Associate Planner A Tukwila staff review of the proposed annexation included a review of public service provision, secondary fiscal impacts as a result of the annexation, and consistency with King County Boundary Review Objectives whose goal is logical city boundaries. I. PUBLIC SERVICE PROVISION Seven types of public services to the annexation area were reviewed to identify existing providers, possible future service options after annexation, and estimated costs and revenues. This review is presented below. 1. UTILITIES Utilities in the annexation area were analyzed by the Public Works Department. Utilities are generally now at an urban level. Public Works Department conclusions are summarized below. a. Water is from the City of Seattle via a 20 inch transmission line and a 12 inch distribution line. No infrastructure upgrades are anticipated to serve the area. Any upgrading needed to support full build out would be paid for by the developer. City assistance may be provided in forming or supporting an area -wide improvement district. b. Sewerage is from the Val -Vue Sewer District via a 6 inch force main serving all industrial properties. No infrastructure up- grades are anticipated to serve the area. Any upgrading would be treated similarly as water facilities. Residential properties are served by septic systems which do not satisfy King County Dept. of Health standards. Property owners had previously declined to participate in sewer improvements due their perception that residential uses were temporary. c. Storm drainage on public road area is provided by the State Department of Transportation. Drainage from private properties use privately owned lines on private property. The entire area is subject to the King County Surface Water Utility and its fees. The storm drainage system consists of open ditches and enclosed lines serve the annexation area except for residential properties to the south. All drainage flows to outfalls on the Duwamish River. Residential properties do not have formal drainage facilities, but depend on natural over land drainage to the river. Standing water in depressions after a rain is not uncommon. Ox Bow Annexation Public Service Provision June 2, 1993 Page 2 Improvements to the existing public drainage system are anticipated to cost $25,000 to $30,000 with annual costs of approximately $8,900. No private system costs are anticipated since upgrading to public standards would be required prior to acceptance. Upon annexation, King County Surface Water Utility fees would be replaced with City of Tukwila Storm and Surface Water Utility. City fees are generally 35% of what is now charged. Tukwila would incur a one -time annexation related cost of $6,300 to incorporate the area into the surface water utility. Approximately $37,000 in annual City utility revenues would be generated by the area. This is greater than the .current estimated cost of drainage improvements and annual maintenance. Tukwila anticipates acquiring the water and sewer lines and become the direct provider in the long -term. The City will assume responsibility only for those road drainage facilities which are included in an interlocal agreement. A sediment clean -up program is being developed for the Duwamish River. The National Oceanographic and Atmospheric Administration is responsible for coordinating the program. The Ox Bow area is within the clean -up area. Ultimate responsibility among the jurisdictions for clean -up will be established in future inter jurisdictional actions. 2. ROADS The Washington State Dept. of Transportation currently owns West Marginal Place, the primary area roadway, while King County owns a small cul -de -sac (27th Place S.). WSDOT is now discussing deeding local roadways back to the County. Tukwila will be entering these discussions as part of the annexation review process. Upon annexation, the County would withdraw from negotiations. Local road pavement (i.e. West Marginal Place S. and 27th Ave. S.) is in good condition. Sewers and storm drainage is provided. No significant upgrading is anticipated. Annual maintenance is estimated at $8,072. 3. BANK STABILIZATION King County shares responsibility with various State agencies for regulating this situation. Tukwila would become the local regulatory agency upon annexation. Approximately 500 to 1,000 linear feet of river bank is in need of repair. This could cost between $50,000 and $250,000. Primary responsibility for river bank stabilization lies with the property owner. 4. POLICE Police service to the annexation area is now provided by the King County Sheriff's Dept. as part of a larger patrol district which is estimated to include the Skyway/Boulevard Park/Burien area. Standard practice is to assign one patrol car per district. i Ox Bow Annexation Public Service Provision June 2, 1993 Upon annexation, Tukwila would provide police protection. Tukwila police service to the general City is provided in five patrol districts, with five patrol cars, one roving car (as feasible) and a supervising Sergeant who provides additional back -up. These 6-7 officers serve an 8.5 sq. mile area. Emergency response time now averages 4 minutes, while non - emergency response time averages 15 minutes. Tukwila would provide police protection to the annexation area through its incorporation into the North Patrol district. No additional staff, equipment or facilities are anticipated. 5. FIRE Fire service is now provided by Fire District No. 11 from its White Center Station at S. 128th St. and Des Moines Way South. Upon annexation, the Tukwila Department would assume this role. Primary response would be from either the Allentown Station (No.53) at 12026 42nd Avenue S. or the Foster Station (No. 54) at 4237 S. 144th Street. Page 3 Fire response time would be 2.5 minutes from the Allentown Station and 5 minutes from the Foster Station. Emergency medical response would be 2.5 minutes from both stations. No additional staff or equipment is anticipated to serve this annexation. 6. PARKS AND RECREATION There are no existing park facilities in the annexation area at this time. However, a regional trail and associated park, encompassing the all existing residential area, is planned in the immediate future by King County. King County has agreed to build all trail sections in this area, in a letter of agreement, several years ago. The annexation will not affect this regional facility. The Parks and Recreation Dept. estimates needing an additional $5,300 for trail maintenance per year for labor, materials and equipment. 7. GENERAL GOVERNMENT General governmental services are now provided by King County from downtown Seattle which is 25 minutes away by car; with property development services located in the East Gate area which is 40 minutes away by car. Upon annexation, all general governmental services would be provided from Tukwila City Hall at 6200 Southcenter Blvd., approximately 10 minutes away. No additional staff or equipment is needed to support the annexation. Tukwila staff concludes that the quality of governmental services from the City is at least as high, if not higher, than that currently provided. Tukwila is able use its smaller service area and good tax base to: provide several times the number of police officer hours in the same area as is now being provided, enhance the convenience to general government services, provided permit review times that are significantly shorter without sacrificing quality and make a small reduction in the property taxes paid. A summary of anticipated Tukwila costs and revenues is shown below: Ox Bow Annexation Public Service Provision June 2, 1993 Page 4 TUKWILA COSTS DUE TO OX BOW ANNEXATION (5/21/93) MAX. ONE TIME/ ANNUAL TOTAL ITEM CAPITAL COSTS COSTS COSTS GENERAL FUND COSTS AND REVENUES Utilities Water 0 0 0 Sewer 0 0 0 Roads 0 $8,100 $8,100 River Bank Stab. 0 0 0 Police Service 0 0 0 Fire Service 0 0 0 Parks and Rec. 0 $5,300 $5,300 General Gov't. 0 0 0 Total 0 $13,400 $13,400 Total Annual Revenues $113,0001 Net Annual Annexation Revenue $ 99,600 SURFACE WATER UTILITY COSTS AND REVENUES Total $7,2602 $8,900 $16,160 Total Annual Revenues $37,000 Net Annual Annexation Revenue $20,840 TOTAL NET ANNUAL ANNEXATION REVENUE $120,440 1$2.83 property tax per $1,000 assessed valuation X $39.8 million taxable property in the annexation area. 2$36,300 (= $30,000 Facil. Imp. + $6,300 Start -up Costs) amortized over an assumed five year implementation period is $7,260. Ox Bow Annexation Public Service Provision June 2, 1993 II. SECONDARY FISCAL IMPACTS Page 5 This annexation will not increase or decrease the cost of serving this or adjacent areas. The primary public services provided to the area, their estimated costs and Tukwila revenues have been described in 9.F. The cost of County services is primarily paid for in road taxes ($1.48) and a fire district levy ($1.50) for a total of $2.98 /$1,000 of property value. The cost of equivalent Tukwila services is $2.8341,000 of property value. Property owners could expect a negligible reduction in taxes of $0.15/$1,000. Tukwila's storm and surface water utility charges are approximately 65% lower than King County utility charges, as illustrated in a comparison of Tukwila's $30 annual fee with King County's $86 fee for a single family house. King County's road fund will be reduced by approximately $58,788.71 annually based on the existing levy rate of $1.48/$1,000 of property value and $39,722,100 in taxable property. Fire District No. 11 revenues will be reduced by $59,583.15 annually based on the same rationale and a levy rate of $1.50 /$1,000. King County Surface Water Utility revenues will be reduced by approximately $106,0663. No other affects are anticipated. The relative physical isolation of this area (see 9.B.) reduces secondary impacts on economic and social ties with adjacent areas to an absolute minimum. The only exception is the improved tie between east and west bank, Boeing facilities due to their being under one jurisdiction. Tukwila's annexation of this urbanized area within the adopted Urban Growth Boundary, is consistent with the Growth Management "Countywide Planning Policies." These policies have been adopted on a regional basis by the King County Council, the City of Tukwila and a majority of cities in the county. M. CONSISTENCY WITH KING COUNTY BOUNDARY REVIEVV BOARD OBJECTIVES The proposed annexation is consistent with the following "Objectives of the Boundary Review Board" (RCW 36.93.180). (1) Preservation of natural neighborhoods and communities; Boeing operations currently occur on 74% (58.7 acres) of the total 79.8 acres of private land in the Ox Bow area. This area is an integral part of Boeing operations which occur on the east bank of the Duwamish River. They have the 3Based on Tukwila charges being 65% lower than King County (9.H.3) and using total Tukwila revenues of .$37,000 (from 9.F.). { Ox Bow Annexation Public Service Provision Page 6 June 2, 1993 same terrain (9.D.), similar development patterns (9.B.) and are physically linked by two private vehicular /pedestrian bridges. East bank Boeing employees also park on Ox Bow properties. The Ox Bow annexation will bring under one jurisdiction all Boeing activities in this stretch of the Duwamish River. The proposed annexation brings together a commercial neighborhood under a consistent set of development standards and service providers. (2) Use physical boundaries, including but not limited to bodies of water, highways and land contours; (3) The proposed western boundary uses the western edge of the SR -99 right of way. Separation from properties further to the west is provided by a steep, undeveloped hillside which rapidly rises to the Boulevard Park neighborhood. All other annexation boundaries abut the existing Tukwila city limits. Therefore this criteria is satisfied. Creation and preservation of logical service areas; Annexation of the Ox Bow into Tukwila, would put this area under the same standards and service providers as the nearly identical areas which lie just across the river on the east bank. Boeing would be able to deal with one set of providers for their complex and government would be able to achieve a higher degree of coordinated response to service needs and development proposals. Emergency response and road maintenance would also be simplified by the SR- 99/SR -599 interchange under one jurisdiction. (4) Prevention of abnormally irregular boundaries; The proposed annexation will not result in irregular city boundaries. It will improve the rationality of the Tukwila's boundary in the SR -99 /SR -599 area by placing the entire interchange in the city, instead of having the boundary run through it. (8) Incorporation as cities or towns or annexation to cities or towns of unincorporated areas which are urban in character. The annexation of this urbanized industrial area to Tukwila satisfies this objective. City of Tukwila ATTACHMENT C John W. Rants, Mayor Department of Community Development Rick Beeler, Director HEARING DATE: FILE NUMBER: APPLICANT: REQUEST: LOCATION: ACREAGE: COMPREHENSIVE PLAN DESIGNATION: ZONING DISTRICT: SEPA DETERMINATION: ATTACHMENTS: STAFF REPORT TO THE PLANNING COMMISSION Prepared May 15, 1993 May 27, 1993 L09 -0034: Ox Bow Comprehensive Plan and Zoning Richard Anderson To establish comprehensive plan designations and zoning which would be enacted upon annexation. The area generally known as the "Ox Bow" as specifically described in Attachment A. Total annexation area is approximately 172 acres. To be established. To be established. Environmental review to be completed prior to the Planning Commission hearing. A. B. C. D. Legal Description and Map Existing King County Zoning Existing Land Use Building Height Exception Area 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • (206) 431-3670 • Fax (206) 431-3665 Staff Report to the L93 -0034: Ox Bow Planning Commission Page 2 FINDINGS BACKGROUND The Desimone Trust has requested that the City of Tukwila annex its properties which lie within the Ox Bow area, as shown on the map of Attachment A, pursuant to RCW 35A.14.120 (i.e., property owner petition). The City Council reviewed this request and authorized staff to go forward on May 3, 1993, in Resolution No. 1255. In this resolution, the Council approved the applicant's request for establishing the zoning which would be adopted simultaneous with an annexing ordinance. This application satisfies the statutory requirement that Tukwila's Planning Commission must recommend the area's zoning to the Council. A comprehensive plan designation may also be recommended at this time. After the Planning Commission makes a comprehensive plan and zoning recommendation, the City Council will hold two public hearings which are thirty days apart. The scope of the City Council's public hearings will include zoning, comprehensive plan, and all other annexation issues (e.g., service provision, costs, revenues, and the annexation preferences of residents, businesses, and owners). Notice of a public information meeting, this Planning Commission public hearing and two public hearings before the City Council was sent to property owners, businesses and residents on May 5th. The public information meeting is to be held after the report is finalized. Staff may revise this report based on the meeting input, at the Commission hearing. VICINITY/Si INFORMATION Project Description: To recommend to the City Council, the land use zoning which would be in place should the area annex to the City of Tukwila, pursuant to RCW 35A.14.120 and as authorized by City Council Resolution No. 1255. A Comprehensive Plan designation for this area should also be recommended. Existing Land Use Designations: King County has designated the entire annexation area as Heavy Industrial in its Comprehensive Plan. The County has zoned all these areas MH (Heavy Manufacturing) except for a small southern residential area which has been zoned RS7200. Area zoning is shown in Attachment B. Existing Development: Private, industrial zoned lands are almost fully developed as industrial uses or support facilities, as there is a small area of approximately six single family residences in the extreme south end of the Ox Bow. These areas are shown in Attachment C. Staff Report to the L93 -0034: Ox Bow Planning Commission Page 3 Industrial uses in the annexation area include a large container storage /transfer yard and a maritime salvage operation in the northern half, and Boeing industrial buildings in the southern half. Across the Duwamish River to the immediate east, are associated Boeing aircraft manufacturing facilities. East and west bank facilities are connected by two private road bridges. Surrounding Land Use: The area is surrounded in the east, and north by industrial uses, in the south by the SR -99 /SR -599 freeway interchange, and to the west by SR -99 and a steep hillside on which single family residences are sited. Environmental Features: Environmental review was based on land and river areas. The annexation land area is generally flat, cleared of significant mature trees, except for several large trees in the southern residential area and bounded along its eastern perimeter by the steep - banked, Duwamish River. This is similar to the eastern industrial areas across the Duwamish River. Land areas are separated from other westerly residential areas by the four lane SR -99 and steep undeveloped hillsides. Access to SR -99 is prohibited except for a north -bound on/off ramp in this area. The Duwamish River represents a significant environmentally sensitive area. The annexation area is at the northern-most reach of navigable waterway. There is significant water and sediment contamination from existing and past outfalls, the bank requires stabilization along several segments, an Indian tribe is interested in re- establishing a salmon run in a now degraded stream /slough which may affect the urgency of sediment clean -up, and the riverside is desired as part of a regional trail system. Access: Public vehicular access to the area is limited to West Marginal Place So.; a two lane road with a 20 to 50 ft. right -of way. This road is accessed from 14th/16th Ave. S. and East Marginal Way. Two privately owned bridges join Boeing industrial operations on both sides of the Duwamish River. These bridges are not open to the public, although there do not seem to be any barriers to public vehicle access on one. Utilities: The commercially developed area is served with sewer, water and storm drainage facilities. The single family area has water and septic systems. No significant storm drain facilities exist in the residential area and standing water is a frequent occurrence. The combination of septic systems and standing water may be significant. Residential property owners declined to extend sewer lines to the houses, as they considered such uses as transitional (Matlitch, Val Vue Sewer District Engineer, 5/10/93). Staff Report to the L93 -0034: Ox Bow Planning Commission Page 4 Public Facilities: A shoreline bicycle and pedestrian trail is planned to be located along the Duwamish River bank in this area. This trail segment would be part of the pedestrian - bicycle trail between Alki Beach and Flaming Geyser Park. DECISION CRITERIA In the Findings below, Planning staff has reviewed possible comprehensive plan and zoning designations based on Tukwila Comprehensive Plan land use policies, existing land use, existing zoning, and environmental factors. Comprehensive Plan Findings: 1. A review of land uses in the annexation area and associated surrounding sites demonstrate the industrial character of the overall area (see Existing Development). 2. Tukwila's "Comprehensive Land Use Plan Map" descriptive policies discuss two type of industrial areas: "Light industrial: Industrial areas characterized by distributive and light manufacturing uses, commercial and office uses." "Heavy industrial: Industrial areas characterized by heavy or bulk manufacturing uses, distributive and light manufacturing uses, commercial and office uses." 3. Existing land uses in the annexation area and in associated areas to the immediate east, are characterized has having a heavy industrial character (see Existing Development), based on the above policies. 4. A Heavy Industrial designation in Tukwila's Comprehensive Plan for the entire area would mirror both: a. the area's existing Heavy Industrial designation in the King County Comprehensive Plan and b. the Heavy Industrial designation of associated areas to the immediate east in the Tukwila Comprehensive Plan. 5. The approximately six single family residences to the south do not seem to be a viable long -term use due to their location between a busy freeway, anticipated heavy industrial activities in the north, and heavy industrial uses across the river. 6. A heavy industrial designation for this area would mirror all other Tukwila and King County areas to the north, which lie to the east of SR -99. Staff Report to the Planning Commission L93 -0034: Ox Bow Page 5 Zoning Findings: 7. Areas designated as Heavy Industrial on the Comprehensive Plan may be given a Tukwila zone of M -2 or M -2L. The purpose of each district and a summary of legislative discussion is shown below. M -2 "18.42.010 Purpose The purpose of this district is to provide an appropriate area for a broad range of uses, some of which may be. characterized as having significant environmental impacts in terms of air and water pollution, noise, vibration, glare and odor." M -2L "18.43.010 Purpose The purpose of this district is to recognize and provide for a unique industrial area which developed long before other City zoning districts were formed, which has uses of significant air and water pollution, noise, vibration, glare and other environmental impacts, and which requires less strict design standards and flexibility in front yard landscaping in recognition of use trends of heavy truck terminals and servicing thereof." The "unique industrial area" is'specifically a small area in the East Marginal Way corridor, generally located south of the Boeing Access Road. Developments in this area were universal in not physically having the space to provide the minimum 15 of front yard landscaping required in the M -2 zone due to small lot size, building location and planned road improvements. The City Council reasoned that an exception in this one small area would not significantly degrade the potential quality of the overall area and would relieve a significant hardship for all business in the area. It thus adopted the M -2L zone which reduced minimum front yard landscaping from 15 feet to 5 feet. All other development standards of the M -2 zone were retained. 8. The development patterns in the Ox Bow area (see Existing Development) indicate the appropriateness of an M -2 zone. The small lot pattern, building siting close to the roadway, and road right -of -way widening which justified establishing an M -2L zone along East Marginal Way is not repeated in this area. 9. The single family use area could be zoned M -2 in order to reflect the Comprehensive Plan designation. Single family residences would continue to be permitted uses in the M -2 zone. Staff Report to the L93 -0034: Ox Bow Planning Commission Page 6 10. Ox Bow industrial areas are bordered on the north, south, and east by Building Height Exception Area, pursuant to TMC 18.50.030 which permits outright, structures up . to and including 115 ft. in height (Attachment D). Extending the same Building Height Exception Area across the river to the annexation area would recognize the similar nature of Existing Development and Environmental Features. CONCLUSIONS Based on the above Findings: 1. The entire annexation area is most appropriately designated Heavy Industrial in the Comprehensive Plan Map, and 2. The entire annexation area is most appropriately zoned M -2, based on a Heavy Industrial Comprehensive Plan designation and designated a height exception area pursuant to TMC 18.50.030. RECOMMENDATIONS The Planning Division recommends the following Comprehensive Plan and zoning designations in the Ox Bow Annexation area based on the above Findings and Conclusions: • 1. The entire annexation area should be designated Heavy Industrial in the Comprehensive Plan Map,. and 2. The entire annexation area should be zoned M -2, based on a Heavy Industrial Comprehensive Plan designation and designated a Building Height Exception Area pursuant to TMC 18.50.030. ATTACHMENT A April 21, 1993 REV. LEGAL DESCRIPTION for OXBOW AREA BETWEEN WEST MARGINAL WAY AND THE DUWAMISH WATERWAY BEGINNING at the intersection of the south line of the John Buckley Donation Land Claim, number 45 and the westerly right -of -way line for Primary State Highway No.1 (S.R.99) as shown under Deeds, volume 4099, page 666, Records of King County, Washington, in the northwest quarter of Section 4, Township 23 North, Range 4 East, W.M.; Thence northerly along said westerly margin to the north line of tract 55 in Moore's ,Five Acre Tracts, as recorded under volume 9, page 28 under Plats, records of King County, Washington; Thence easterly along said north line of tract 55 and continuing .along the easterly extension thereof to the thread of the Duwamish Waterway and the existing Tukwila City Limit Line (Tukwila Ordinance 1503 and 1515); Thence southerly along the thread of the. said Duwamish Waterway and River also being the existing Tukwila City Limit Line to the west margin of Pacific Highway South (State Rd. No. 1); Thence southerly along said west margin and existing Tukwila City Limit Line to the south margin of South 116th Way (South 116th Place); Thence westerly along said south margin to the west margin of West Marginal Way; Thence. northerly along said west margin to the north margin of South 116th Way (South 116th Place); Thence northwesterly along said north margin to the westerly new right -of -way line and Limited Access line for Primary State Highway No. 1 (S.R.99); Thence northerly along said westerly right -of -way line to the POINT OF BEGINNING. DRAFT OXBO ANNEXATION AREA. • BOUNDARY E-- BURIEN Approx. ATTACHMENT B City of Tukwila Oxbow Annexation Existing King County Zoning May,1993 o RAINIER GOLF L COLJJ RY CLUB SINGLE FAMILY DETACHED MINIMUM LOT SIZE 7200 SQUARE FEET ATTACHMENT C City of Tukwila Oxbow Annexation Existing Land Use May, 1993 INDUSTRIAL SINGLE FAMILY VACANT WATER ROADWAY Attachment D LJ vars:N • = ■:— . , BOUNDARY OF OXBOW ANNEXATION AREA-If÷. A. 4-- 1 i 1\1 \ LEGEND ._ , I Li it, -..';• . -71;:. . • — 4 . crrY OF TUKWILA E3ULDING HEIGHT !EXCEPTION AREA NO SCALE LJ VA g 7 Till.t7.1.0.117 ,-4,0 , •0, .1.---:•..,.-...,--- ......„,.. \ 1 -1—, ; •ii....p.3p....7.1 ei , tt U. _1 I I ,.E.t, 41 Friliciril 1:A7 L ,....:-r ....vr--, t:L,..,_____. ,_, r-----,--7. • r--; 11 UP TO AND INCLUDING 115' WITH BAR APPROVAL 18.50.040 r--1.'"•11:.: • • 7.11.1,C 4:WV.4 5.1..5......-:....- .cy11-■.,:-.,..,= , ..%-",7',. Lq014•1: Vi3 I" :--ir it . I its;•.s, .41,K1'.;=,;(_■)> Pi 4 1)1‘ • 1 .11r ‘ s--..;,:•:.----,-...,1 ...-:-.. ,,_i ---'-' is L is4 1 ....,v, ::,..... s.c • r.,. .s., ... b.. • ........,,,......-1,„ •,, 115' OUTRIGHT PERMITTED PER 18.50.030. GREATER THAN 115' PERMITTED PER 18.50.050 INTERURBAN SPECIAL REVIEW AREA 10 ADDITIONAL PER 28.60.060 1 .. EDGE OFHEIGHT EXCEPTION AREA IS WHERE RESIDENTIAL ZONES BEGIN •■•=1111.•■ j K.,•Lte•—.1.3 t • .:-;••1•• j: • \ .t: ■• • 11) City of Tukwila John W Rants, Mayor Department of Community Development Rick Beeler, Director MEMORANDUM To: John W. Rants, Mayor From: Rick Beeler, Directors Date: July 7, 1993 RE: City Council Information Requests Regarding the Ox Bow Annexation. The City Council requested additional information at its June 7 public hearing, regarding annexation impacts in the following areas: 1. Police and fire service demand, 2. .Public shoreline trail access, 3. Assumption of bonded indebtedness, 4. Land and water contamination, and 5. City liability for land and water contamination. Staff has developed the following analyses based on the information available. 1. Demand for Police and Fire service. Police. The Commander of the King County South Precinct reviewed patrol activity in the Ox Bow area and has estimated demand at no greater than three calls per month. This report is consistent with the Tukwila Police Department's assessment of service demand. No need for additional staff or equipment is anticipated. This information is further discussed in Fire. Fire District No. 11 reviewed demand from the Ox Bow area dix ing 1992. There were 7 fire calls and 34 aid calls for a tptal of 41 response calls. The Tukwila-Fire Department 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • (206) 431-3670 • Fax (206) 431-3665 Ox Bow City Council Information Request Page 2 July 7, 1993 concludes that this level of fire service demand can be accommodated with existing staff and equipment. 2. Public Shoreline Trail Access. Shoreline access does not now exist. Public access and trail construction would be provided in the immediate future through the conditions of two development documents. Short -term access and trail construction along 90% of the shoreline would be provided in conjunction with a County foot bridge in the southern Ox Bow area. This was a condition for the Boeing 9 -08 Building shoreline permit (90 -2 -SMP )lc`1. The Boeing Company agreed to this condition. Trail and bridge construction is scheduled for 1995. Short and long -term access and trail construction is also provided for in the Boeing Company's "Duwamish Corridor Redevelopment Proposal E.I.S. Mitigation Document. ". This document specifies permanent trail access and construction around the Ox Bow or an equivalent, as a condition to project development along E. Marginal Way. Boeing's ability to provide public access easements would be limited by the length of its land lease. Should shoreline access be revoked for any reason, replacement shoreline access would be required from Boeing to fulfil its development conditions. Provision of this replacement is not anticipated to be the responsibility of the underlying property owner. Discussions with Desimone Trust representatives have indicated that the trustees are unwilling to dedicate in perpetuity, the public access agreed to by the Boeing Company. A review of land use law clearly indicates that no regulatory basis exists for requiring such a dedication. This does not preclude a negotiated acquisition or use of the condemnation procedure. 3. Assumption•of Bonded Indebtedness. Whether properties in the annexation area assume the City's existing bonded indebtedness is an annexation characteristic which property owners must accept or reject as a whole. It is possible that a petition which failed due to requiring assumption of bonded indebtedness, could be modified and recirculated. ,Failure to complete annexation prior to October 1st would mean > What : a. the City would lose about $36,600 in general revenues 0 and Ox Bow City Council Information Request July 7, 1993 Page 3 b. the property owners would pay about $35,500 more in taxes to King County than to Tukwila'. The annual bonded indebtedness charge, which expires in four years, is $5,000. 4. Land and Water Contamination. Land. All existing studies of land /shoreline contamination indicate that the Ox Bow is not polluted. However, this cannot be viewed as conclusive. This preliminary finding is based on (1) a 1990, study of Duwamish River restoration by the United States National Oceanic and Atmospheric Administration (NOAA) and the Federal Environmental Protection Agency•(EPA) reviewed possible contamination at two sites in the Ox Bow (A tyach eAt C), and (2) discussions with EPA Enforcement /Superfund Program staff. Soil samples from a southern site (Report Site No. 2) was visually inspected, while a northern site (Report Site No. 3) was chemically analyzed. No indications of contamination were found at either site. Historic land use and fill activities were also reviewed in the study. No indications of contamination due to historic land use or fill activities were discovered. Public Works was consulted regarding the validity of the study. They concluded that only the soil analysis done at the southern site provided actual data of negative contamination and considered conclusions based on visual and historical reviews as speculative. EPA enforcement representatives were also contacted. A review of all potential "Superfund" sites, which includes all sites where there is even a suspicion of contaminated lands, did not reveal any sites at the Ox Bowe. Water. Water contamination from the Ox Bow is primarily through storm water flows. There are no on -site pollutants generated, which are subsequently discharged through a river outfall (i.e., as in manufacturing waste water). 'Assumes that County Road and Fire District taxes are levied in October, as is the County Surface Water Utility fee. If only the County Surface Water Utility fee is considered, then the difference is about $34,533 (= (106,066- 37,000)/2) (Table 2, Beeler,6 /2/93). 2A working dock would have been classified as a potential 4uperfund site if it was a possible contaminated area. 4 Ox Bow City Council Information Request Page 4 July 7, 1993 Turning Basin sediments are chemically analyzed by the U.S. Army Corps of Engineers every few years, . in conjunction with dredging activities. These sediments have been consistently clean and used as clean overlay on contaminated sites and for other beneficial uses. All storm water from the site is discharged to the Duwamish River through outfalls or as sheet flows. Ox Bow storm outfalls to the Duwamish River were inventoried by Tukwila Public Works staff during May, 1993. Based on a previous Public Works report (5/10/93) and discussions with Public Works staff, there are four types of storm water facilities: a. Outfalls of the Washington State Department of Transportation (WSDOT) which drain SR -599, SR -99, West Marginal Place and residential areas lying east of the SR -99 right -of -way. There are about 12 WSDOT outfalls in the annexation area. A Federal Nationwide Pollution Discharge Elimination Permit System (NPDES) permit will eventually be required by the State Department of Ecology for all WSDOT outfalls. DOE is working with WSDOT on 'this for various system segments. Tukwila is not required to take responsibility for this system except for possibly one outfall which also drains 27th Avenue So. and the southern residential area (see "b "). Any agreement to take over this outfall is envisioned to protect the City from liability for flows from WSDOT and non -City areas, and would require City Council approval. It should be noted that some sheet flows from graveled truck /trailer leasing operations, construction storage sites and vacant lands, flow to the WSDOT drainage ditches along W. Marginal Place and thence to various outfalls. Sheet flows from the northern working pier landing flow directly to the river. b. The King County drainage system on 27th Place South drains to a segment of the WSDOT system and thence to a single outfall. Minor adjacent residential properties are also drained. Tukwila is required to take responsibility for the County drainage system. The drainage area includes a road right -of -way approximately It40 ft. wide and 370 ft. long, the sheet flows from less than ' Ox Bow City Council Information Request Page 5 July 7, 1993 one acre of residential property, and less than one -half acre of graveled truck /trailer parking area. A visit to the site did not reveal any visual signs of pollution such as significant oil dumping. This is consistent with historic non - polluting land uses and a finding of no contamination in soil samples at a southern analysis site as discussed above under "Land." c. Private outfalls which drain private property. A combination of Public Works and Planning staff research indicates that only Boeing has such outfalls. No public storm flows use these private outfalls. No unaccountable outfalls were discovered by Public Works staff. Boeing's system drains the majority of the area (#). Boeing staff have stated that all outfalls have valid permits. City staff accept Boeing's assertion of valid outfall permits since all Boeing Ox Bow development is very recent. A County permit, a State Hydraulic Permit and a Federal (NPDES) permit, would have been required prior to final building approval. Administrative jurisdiction over private outfalls is shared by King County, the State, and the Federal Government. King County's role would pass to the City of Tukwila upon annexation. d. Sheet flows from a working pier, a contractor storage yard, truck /trailer parks and vacant lands. All such lands are compacted soil and /or graveled. Legally established sheet flows are grandfathered at this time, although near future regulation of such non -point pollution sources is expected. Tukwila would assume jurisdiction from the County.. No data on legality of use is available in a timely manner since almost all activity areas are open and unpaved storage. All areas except the contractor storage yard (which was locked on three site visits) were visually inspected. No obvious signs of contaminating activities (i.e. oil spills) were noted. This is consistent with a preliminary finding of no contamination at a northern Ox Bow analysis site (see Land). Ox Bow City Council Information Request Page 6 July 7, 1993 5. Liability for Land and Water Contamination The City Attorney has discussed this issue with NOAA, the lead agency on negotiating Duwamish River clean -up with Metro and the City of Seattle, and reviewed the above information. She has determined that the City's exposure to liability resulting from annexation cannot be established at this time because the level of Ox Bow contamination (if any) has not been established. The . level of Ox Bow contamination could be established in an environmental audit. She notes that liability will certainly be incurred if the City becomes a generator or transporter of contaminants, and will be liable for cleaning up any contaminated property which is acquired. This information is discussed in en `i . Additional DCD review of the available information and consultation with area environmental regulators, has yielded the following analyses: 1. Tukwila already has some level of liability for land and water based on its jurisdiction over the entire 2.8 miles of (heavy industrial) eastern river bank, and both river banks for 8.6 miles upstream (with fairly non - polluting uses). This liability ranges from no liability to some level of shared responsibility with other permitting jurisdictions and the underlying property owners. 2. Annexing the Ox Bow's 1.4 miles of west bank shoreline would significantly increase Tukwila's existing liability only if the site were heavily contaminated or was heavily contaminating the river. Some visual or chemical site evaluation would be expected to indicate this heavy level of contamination if it existed. This was not found to be the case; staff's investigations found no evidence of contamination. 3. Conducting an environmental audit to establish the specific level of contamination, if any, is an option. This could be done during the petition circulation period, with a final City decision postponed until audit results were reviewed. This involves extensive and fairly costly chemical testing of land and water areas. The audit would identify the current level of site contamination (including river bed), contaminants generated on the site, and contaminants transported through the site. However, it would not necessarily identify what, if any, :,,l. .ability Tukwila would have for any clean -up. t ip Ox Bow City Council Information Request Page 7 July 7, 1993 Apportionment of clean -up responsibilities is an issue still being determined in the courts. Possible parties with clean -up responsibilities in a lawsuit would include, but not be limited to: a. underlying property owners (e.g., the Desimone Trust which owns most of the Ox Bow, and the State of Washington which owns Hwy. 99 and the river bed), b. the contaminant generators, and c. past and present permitting jurisdictions (e.g., the US Coast Guard and Army Corps of Engineers, the State of Washington, King County and the City). ATTACHMENTS A. Police Chief Ron Waldner Memorandum of June 18, 1993. B. Shoreline Permit No. 90- 2 -SMP. C. Potential Intertidal Habitat Restoration Sites in the Duwamish River Estuary (1991) (Excerpts). D. City Attorney Memorandum of June 24, 1993 on "Potential Liability Associated With Oxbow Annexation." $;, +file:ox \issues.2 is" FIGURE 1 /..III..• City of Tukwila Oxbow Annexation Private l'►1ay,1993 • ts, • I ••••.41 tt ASIVtoso RAINIER GOLF L COUNTRY CLUB . 7PV7 n Ned APPROX. SCALE rcaoo• LEGEND. RIVER L -' •...• 7 —4 SOURCE: HAROLD VANDER GRIFF, KING COUNTY BUILDING AND LAND DEVELOPMENT 5/3/93 MH RS7 2 HEAVY MANUFACTURING SINGLE FAMILY DETACHED MINIMUM LOT SIZE 7200 SQUARE FEET 1 r; Wit: ... t0- nat City of Tukwila John W. Rants, Mayor Police Department Ron Waldner, Chief of Police MEMORANDUM TO: • Rick Beeler, Dir. DCD FROM: Ron Waldner, Chief of Police DATE: June 18, 1993 SUBJECT: Ox Bow - Police Calls For Service As follow up to the request for information concerning "Police" activity in the Ox Bow area, I initiated contact with Major Rebecca Norton, Commander South Precinct, King County Police Department. Major Norton's detachment has policing responsibility for the area surrounding Ox Bow. Major Norton pulled her activity reports for the rather larger patrol and reporting district that encompasses Ox Bow, and evaluated a recent 30 -day spread for the streets contained within Ox Bow. She also spoke with her patrol people working the district. She has confirmed there is very little current demand for police service in the area under annexation consideration and "guesstimated" the average would not currently exceed two to three calls a month. ' This report is supportive of our assessment, and why we believe there will be little, or no impact on our patrol activity. ATTACHMENT A RECEIVED JUN 1 31993 7 COMMUNITY DEVELOPMENT 6200 Southcenter Blvd. • Tukwila, WA 98188 • Phone: (206) 433 -1808 • Admin. Fax — (206) 244-6181; Invest Fax — (206) 431-3688 • City dig Tukwila PLANNING DEPARTMENT 6200 Southcenter Boulevard Tukwila, Washington 98188 (206) 433 -1849 Shoreline Management Act of 1971 - PERMIT FOR SHORELINE MANAGEMENT SUBSTANTIAL DEVELOPMENT CONDITIONAL USE OR VARIANCE File Number: Approved Date: 90 -2 -SMP X Denied AUGUST 7, 1990 TYPE OF ACTION: Q Substantial Development Permit D Conditional Use [—[ Variance Pursuant to RCW 90.58, a permit is hereby granted to: BOEING ADVANCED SYSTEMS to undertake the following development (be specific): CONSTRUCT 9,000 SQUARE FOOT CAFETERIA, INSTALL LANDSCAPING AND LINEAR PARK AROUND PARKING LOT EDGES. CURB, GUTTER, SEAL COAT AND STRIPE PARKING LOT AND INSTALL COVERED PEDESTRIAN PATHWAYS. upon the following property (legal description, i.e., section, township, range): 9303 E. MARGINAL WAY S. ; TRACTS 57, 58, 59, 60, 61 65, 66. 67. 68. MOORE'S FIVE AtRE.TRACT; SECTION 4.-23..4 AND SECTION 33 -24 -4 & FORMER.DUWAMISH RIVERBED THE PROPOSED PROJECT WILL BE WITHIN THE AREA OF THE GREEN RIVER AND ITS ASSOCIATED WETLANDS, WHICH IS A SHORELINE OF STATEWIDE SIGNIFICANCE AND IS DESIGNATED AS AN URBAN ENVIRONMENT. The following master program provisions are applicable to this development (state the Master Program sections or page numbers): KING COUNTY MASTER PROGRAM PUBLIC ACCESS GOAL (P.5) POLICY 4 (PG.9) POLICY 3 (P.9); POLICY 1 (P,9) Development pursuant to this permit shall be undertaken pursuant to the following terms and conditions: SEE ATTACHED. Fat t -5 .ATTACHMENT B ATTAr'UI*Cw1T CA 'PERMIT FOR SHORELINE MANAGEMENT SUBSTANTIAL DEVELOPMENT Page 2 This permit is granted pursuant to the Shoreline Management Act of 1971 and nothing in this permit shall excuse the applicant from compliance with any other federal, state or local statutes, ordinances or regulations applicable to this project, but not inconsistent with the Shoreline Management Act (Chapter 90.58 RCW). This permit may be rescinded pursuant to RCW 90.58.140(8) in the event the per - mittee fails to comply with the terms or conditions hereof. CONSTUCTION PURSUANT TO THIS PERMIT WILL NOT BEGIN OR IS NOT AUTHORIZED UNTIL THIRTY (30) DAYS FROM THE DATE OF FILING WITH THE DEPARTMENT OF ECOLOGY AS DEFINED IN RCW 90.58.140(6) AND WAC 173 -14 -090, OR UNTIL ALL REVIEW PROCEEDINGS INITIATED WITHIN THIRTY DAYS F:' HE DATE OF SUCH FILING HAVE TERMINATED; EXCEPT AS PROVIDED I 90.5 .140(5)(a)(b)(c). Date 7f76 Director, arming Department Construction or substantial progress toward construction must begin within two • years from date of issuance, per WAC 173 -14 -060. THIS SECTION FOR DEPARTMENT OF ECOLOGY USE ONLY IN REGARD TO A SUBSTANTIAL DEVELOPMENT PERMIT WITH A CONDITIONAL USE OR VARIANCE PERMIT. DATE RECEIVED BY THE DEPARTMENT : APPROVED (date): DENIED (date): This conditional use /variance permit is approved /denied by the department pursuant to Chapter 90.58 RCW. Development shall be undertaken pursuant to the following additional terms and conditions: Date (Signature of authorized Department official) cc: Applicant, File, D.O.E. (2 SHOR .PMT ) 0 C IT 90 -2 -SMP Boeing 9 -08 Site Improvements & Cafeteria Shoreline Permit Conditions 1. Staff approval of a detailed irrigated landscape plan which provides the following: a. A riparian environment along the'riverbank and aw minimum five feet of landscaping between the B.E. & C. building and the river. b. The inclusion of alternating trees which will provide significant landscape relief along the west side of the 9 -08 building.' c. Benches located throughout the landscape areas. 2. Submittal of a building material more harmonious than the concrete proposed or tint concrete and landscape around structure to soften and minimize significant concrete walls. 3. Submittal of the 9 -08 and fixtures and 4. Revision of incorporate incorporate elevation. earth tone colors which complement the color on 9 -77 structures for the canopies, light painted components of the cafeteria. Cafeteria Elevations to more harmoniously the tower into the overall design and the steel element into the design of the east 5. Provision of a gate on the fourth side of the trash enclosure. 6. Submittal of pedestrian light fixtures that are harmonious with proposed parking lot fixture and cafeteria design. 7. Improve and dedicate for public trail purposes a 12 foot crushed rock surface (use existing surface, base & edging) from pedestrian bridge.crossing,along west bank of Duwamish Riverto 102nd Ave. and out to W. Marginal Place S. providing a continuous loop extension of public trail. (See attached). An 8 -foot trail may be constructed to preserve existing significant landscaping subject to approval of the Director of DCD. Lo ti.-11) tellb . =ate SEPA checklist and Shoreline permit plans must be completed . by applicant, by March 1, 1991 for County processing with Regional Trail improvements. Trail completion will be required within six months of issuance of Shoreline permit for trail. 116. S ponhvelt • TURNING BAS ACCESS. SITE N • 0. 101 GREEN RIVER TRAIL DUWAMISH SUBSTATION 13/13 VING COUNTY JONES & JONES NORTH 1 1 • 1000• RECEIVE: JUN • 1 81993 COMMUNITY DEVELOPMENT POTENTIAL INTERTIDAL HABITAT RESTORATION SITES IN THE DUWAMISH RIVER ESTUARY ..01111111r • •1.0 ••• it. • • • • •• $ ••• ( Port of Seattle ATTACHMENT C .4- Z. 3 etti • 6"•••"'.9- v Suggested Citation: Tanner,. CD. 1991. Potential intertidal habitat restoration sites in the Duwamish River estuary. EPA 910/9- 91 -050. Final report prepared for the U.S. EPA and Port of Seattle. Seattle, WA. 93 p. + appendices. .........._ POTENTIAL INTERTIDAL HABITAT RESTORATION SITES IN THE DUWAMISH RIVER ESTUARY Prepared for: PORT OF SEATTLE ENGINEERING DEPARTMENT and U.S. ENVIRONNIE:NTAL PROTECTION AGENCY ENVIRONMENTAL EVALUATIONS BRANCH By Curtis D. Tanner December 1991 2S • RECEIVE` JUN 1 8.1993 COMMUNITY DEVELOPMENT 3g Boeing Field Figure 11— Site 2, View of Upland PACE - 28 L7 • SITE 2 Description This site (Figure 11) i directly across the river from Site 1. It is one of the larger sites identified in the study; some 10 acres in size. Apparently fill placement here has raised the site to an elevation between 15 and 22 feet. Ownership /Use Private ownership of the site is bisected by a Seattle City Light transmission easement. Besides former agricultural uses described below, no other evidence of land use was detected. West MarginalWWay. SW (11000 block) borders the site to the west. A Boeing Company.warehouse storage facility and several abandoned homes abut the site to the north and south, respectively. Shoreline The shoreline is riprap, however an area of unconsolidated material on a more gentle slope does extend from the toe of the riprap in the lower interddal to subtidal areas. History This area, though substantially higher than the river, does not appear to have been filled in the 1940 photog: aaphs. At this time, the site was used for agriculture, including tree farming, row crops, and loafing sheds. Other farm buildings existed on the site. Unvegetated bars are exposed outside the dike. Prior to use for agriculture, swamps were predominant in the upper reaches of the estuary. Contamination. None observed. Potential Both Site 1 and Site 2 appear to have sufficient size and width (distance from river) to support the full range of intertidal habitats. Foreshore flats could be preserved and expanded landward. A fringing marsh could be established, and a band of trees and shrubs could be established t� provide riparian or swamp habitats, as well as a yegetated buffer. PAGE - 29 2.T1 Description SITE 3 - TURNING BASIN Site 3 (Figures 12 and 13) is a relatively low elevation (10 to 15 feet) parcel; 4.7 acres in size. Site 3 is adjacent to the turning basin at the upper end of the maintenance dredged • portion of the Duwamish Waterway. Ownership /Use The turning basin is udlized primarily as a settling basin. Sediments deposited here are periodically dredged by the Corps of Engineers before they can become contaminated. and exacerbate downstream Channel sedimentation. The upland portions of the site (2.4 acres) are owned by the Port of Seattle. Adjacent tidelands do not appear to be privately owned. A salvage yard occupies a peninsula shaped spit of fill. The hull of a large abandoned wooden ferry, partially burned, sits in the middle of a small tidal creek. Other debris, including two large steel barges, covers part of the intertidal area. West Marginal Place separates the site from busy West Marginal Way SW to the west. A large Boeing Company parking lot and a metal fabricators shop border the site to the south. Shoreline The shoreline here is natural. Some intertidal vegetation (Carex lyngbyei, Disrichlis spicata) is present and a few trees grow at the top of the bank. History In 1940, the area around what is now the turning basin appears to have been a much wider secdon.of the river. A dike ran along Southwest Marginal Way. A rather large intertidal area appears to have existed between the dike and the river channel. Fill material appears to have been recently placed in areas of vegetated and non - vegetated wetland. Farm buildings exist along the top of the dike; areas behind the dike were cultivated. The existing small creek channel is apparent and appears to have followed approximately its present -day course.. Prior to non -native settlement, the site was tidal swamp and river channel. .Contamination No known sources of contamination exist in the immediate vicinity, and recent chemic anal�sis for sediment from the site showed no significant concentrations of aislity po utants J. Smith, com.). PAGE - 31 • • • • . ••• • --•;•6)-- , . * • *7°7> C•2•%■"c-'4;:--- *„• 3 , . • • • -14'el• • • • • • • - !"7" • '---77. _ . • 2' "1.4 • • • .- • v•• . • Z •-•• , A ••••••-r•• -- • < - —: --:--- ---- --- - . .--L-4...— ----....-"---.... -:---. ...■,-......•••• ''-' ' • t• • • • ardakcilr....--Cosx .,,...,. ' • ,7r-...-_. -- -. 7 .• :::—:- • -. ;...-;, ." " -.- a -:-:-•-t'''.., .... , . . . ,.. _____ ...., .-• • 4*--.1::.)... 4d".....--; p. : . -,•c„;)..g:Tt....--•:,...t.1.1-- , r ...-_:":- v 7-Z.-T.-- se"ri.•-.-_,...siti. . • 0---"r"-..........: iatgejimicap.... .: •-• r• . ‘L'ti.'.2-";:*:2.;•.7-"•-•":3-412.- Lf.:,-.%-e57;1-7:--k•r•-.V. :-"Ct-t-:-.--..-:--`Gr4- .'"•1 l'r:--1 ";;= • - ... - " . .. F...k.--<- -1. -.4.t.:•••:,,a-,-..„_,..„ -- :..----- c-..-:<:. , a, - -•-•-••-•-:- -s- • -- - - - -• • :6,- f •-', •--.,-.-- • • __-____•. ....... . . C••1'..--'•-••...-:Z.4,T'''' • ....t.fatr:r.,?:,'..C.Ct71;41:77 •;•C•n4-.T;,•t<"':77:•-:. :.• • ' • •'-‘:. %'.:•...;•1•-..2-'.71"*... ....--- .• . - • ....--9tt.' • • . - =-••• . : " " f . - 7 - " --1'. , r 4: . ,-: .....1..-CP• , -...:••• • -*". ..t.... .71- ...). • '' '-. . < . - ' • f, - ' . :. • .. - 4 ... ..:- :-...". 7- 1 • .".• .4.-1.Cr="•-ka- ' -.N.5..;"./72; '''''.•••e4WAT-Alles.:•.r..""•-•,;...-':".-...:5-•:',.. '..'' 7. ;:."...7...... . • '.."*.:_zr;"•• .. .. 4 :3 .- ,.....:4..' - (11,, •:.. • .r.1-7....t., ....: ., .t ..- . ..,.... ..... • 54111 . •,1„...-• • ""°- - • f•••••••••s •I[ •••••••••• a. • .Z-J - ••• ••• •:•••-•••••-• • • •.• . , • • • ••••K!.; . 0.. ••• • • 1;;;•• Z" • At". • " • • • . • 14 , .• ,t • • '••• • •• . . • • ••••• -•••••• . 2- ••• I •...„ • .•••• • cry-4r ••••■, . .c.2-•- • • . • t•-• •• • -.-••• • ....I.:L.'. • -z4-^ I.. qt.:it • Figure 12 — Site 3, View of Derelict Vessel - • • •-••• " - : • . . - 7 1' • '1 r r I. • . I • winni wiry r . • •. , 4 I 1. z -: ••• • ;, •• = • • • vt. . :•' , t •• ,....C...S. 1... .1 • tt.' 3.....-Ic• _...,-4,-...,,ia....,.. -...„_:;....;....;,;,- m.,_....„,..„.7.,..30,ap--_,.. :,.....r,-.eb."'":2. .',.: • .1".. `-:'.1.:1., - ...4-‘..44 ------.........„_,._ .. • • .- ---..-.; •---• .•_ --- T --• •-•-••••• ' s ' • "''' ---"' MI ..;...ArolZ" Elargieldaidil=lt. . ''''''''--?.....• ''''''X-24-'"''''-4--...7 ICC-e : • '",••:.; _...... ..... ''...S.•• ''''' — --• • • •_• „ ;7.7- • • •••77;'••■ • • 4.: • • •••? • .....•••• • V -**** •.:"-.-.v•...</0114111-. 7311••,..".-• ,"".■ • _ . ' • • •:-,•=:"7::" r • • • • • • ; , I Ls • • • paggiels. - . . • . . • - f-• • .4,i,— Figure 13 — Site 3, View of Adjacent Intertidal Area PAGE - 30 21 D The Honorable John W. Rants, Mayor Members of the Tukwila City Council 6200 Southcenter Boulevard Tukwila, WA 98188 RE: OXBOW ANNEXATION - 60% PETITION LETTER The undersigned, a portion of the owners of not Tess than sixty percent (60 %) of the total assessed valuation for general taxation purposes for the property included in the above referenced annexation, respectfully petition.the City of Tukwila that the undersigned desire to annex the above referenced property to the City of Tukwila under the provisions of RCW 35A.14.120, as amended. The territory proposed to be annexed is within King County, Washington, and is described on Exhibit A (attached). This petition is also accompanied by a diagram, Exhibit B (attached), which outlines the boundaries of the property to be annexed. The undersigned respectfully petition the' City Council and ask: (a) That the appropriate action be taken to entertain this petition, fixing a date for the public hearing, causing notice to be published and posted, specifying the time and place of such hearing and inviting all persons interested to appear and voice approval or disapproval of such annexation; and (b) That following the public hearing the Tukwila City Council annex the property as described in Exhibit A, (PROVISIONS TO BE ESTABLISHED BY COUNCIL ACTION) (c) That the properties so annexed shall become a part of the City of Tukwila, Washington, subject to its laws and ordinances then and thereafter in force. Furthermore, the undersigned understand that the submission of the 60 percent letter is an indication of the intent to annex, and that once the petition is certified, no changes, deletions, or additions may be made by the petitioners. 441# • '1!•:,1 City of Tukwila John W. Rants, Mayor Office of the City Attorney Linda P. Cohen, City Attorney MEMORANDUM TO: Rick Beeler Vern Urmetsu FROM: Linda P. CohenCity Attorney r RE: Potential Liability Associated With Oxbow Annexation DATE: June 24, 1993 • • JUN 2 4 '1993 CC�vi I have had the opportunity to discuss with Bob Taylor, General Counsel for NOAA, Tukwila's potential liability should we decide to annex the Oxbow region. Taylor is intimately familiar with these issues. Our potential liability cannot be determined at this time for a few reasons. Bob Taylor suggested that we consider an environmental audit. At this time we are apparently not aware of the type and extent of contaminants, if any, that exist within this region. Without the facts it is literally impossible to venture a guess as to potential liability. Obviously we will be better equipped to address liability once we learn this information; however, the extent of our liability is still subject to speculation. The one way to learn for a certainty the extent of our liability is to be sued. We are obviously trying to prevent that. If we become a generator or transporter of contaminants, we will surely incur liability. If we purchase contaminated Property, we may be liable for cleanup as well. Bob Taylor is confident that if we learn of existing contaminants and decide to annex this Property, we can arrive at a settlement acceptable to all parties.. LBC /cc cc: John McFarland CITYATTY \MEMO \OXBOW.002 ATTACHMENT D 31 6200 Southcenter Boulevard • Tukwila, Washington 98188 • Phone: (206) 433 -1867 • Fax (206) 433-1833 AT TA PSI r•k ■T r June 18, 1993 REV. LEGAL DESCRIPTION for OXBOW AREA BETWEEN WEST MARGINAL WAY AND THE DUWAMISH WATERWAY BEGINNING at the intersection of the south line of the John Buckley Donation Land Claim number 45 and the westerly right -of -way line for Primary State Highway No.1 (S.R.99) as approved 7- 23 -57, revised 2 -4 -64, Sht. 3 of 7, and established under Deeds, Volume 4099, Page 666, Records of King County, Washington, in the northwest quarter of Section 4, Township 23 North, Range 4 East, W.M.; Thence northerly along said westerly margin and its northwesterly extension therof to the north line of tract 55 in Moore's Five Acre Tracts as recorded under volume 9, page 28 under Plats, records of King County, Washington; Thence easterly along said north line of tract 55 and continuing along the .easterly extension thereof to the thread of the Duwamish Waterway also being the existing Tukwila City Limit Line (Tukwila Ordinance 1503 and 1515); Thence southerly along the thread of the said Duwamish Waterway and River also being the existing Tukwila City Limit Line to the west margin of Pacific Highway South (State Rd. No. 1) situated in the northeast quarter of Section 9, Township 23 North, Range 4 East, W.M.; Thence southerly along said west margin and existing Tukwila City Limit Line to the south margin of South 116th Way (South 116th Place); Thence westerly along said south margin to the west margin of West Marginal Way; Thence northerly along said west margin to the north margin of South 116th Way (South 116th Place); Thence northwesterly along said north margin of South 116th Way to the new westerly right -of -way line and Limited Access line for Primary State Highway No. 1 (S.R.99) as approved 7 -23 -57 and shown on sheets 1 and 2 of 7; Thence northerly along said new westerly right -of -way line to the POINT OF BEGINNING. Ir. ! ► ,ern EXHIBIT A 31, A�JNEXATION PETITION WARNING: Every person who signs this petition with any other than his true name, or who knowingly signs more than one of these petitions; or signs a petition seeking an election when he is not a legal voter, or signs a petition when he is not a legal voter, or signs a petition when he is otherwise not qualified to sign or who makes herein any false statement, shall be guilty of a misdemeanor. (See enclosed Guideline for Petition Signatures.) 1. NAME: (print) DATE: SIGNATURE: ADDRESS: PROPERTY DESCRIPTION: (Section and tax lot number or subdivision name and lot number) 2. NAME: (print) DATE: SIGNATURE: ADDRESS: PROPERTY DESCRIPTION: (Section and fax lot number or subdivision name and lot number) 3. NAME: (print) DATE: SIGNATURE: ADDRESS: PROPERTY DESCRIPTION: (Section and tax lot number or subdivision name and lot number) 4. NAME: (print) DATE: SIGNATURE: ADDRESS: PROPERTY DESCRIPTION: (Section and tax lot number or subdivision name and lot number) 5. NAME: (print) SIGNATURE: ADDRESS: , PROPF' DESCRIPTION: DATE: 33 (Section and tax lot number or subdivision name and lot number) PUBLIC 'RIGHT OF WAY ':•.WITH ZERO VALUE FOR • • : .,GENERAL TAXATION APPROX. SCALE EXHIBIT B 1 " =800' 7'-.,. �C'�IIV"CIL AGENDA' tIYATOPSIS Initials Meeting Date Preered by Mayor's review Council review Action Original Sponsor. • • Council Admin. X T" Timeline: Adopt initiating reso utton 3/93; complete annexation 9/93. onso 's Summary:. . ukwi;a has received a property owner petition to annex the Ox Bow area. Upon Council approval, annexation would be based on approval by owners of 60% of property value: • First of two public •hearings on the Annexation /Comp Plan /Zoning. . • 7/12/93 • . Committee: C.A.P. recommended approval of resolution on 4/26/93.. • • • • Cost impact (if known): . N/A . . • • Fund Source (if known): N/A • ITEM NO. M .. v J w .. .C:. r.. .iw ♦: V . N. :. }R ,T.. .. .: :. Sif...• :!,:!. •. r k.^.h„ Yr } j.�> x y : Orignal Agenda Date: May 3 , 1993 : . CAS Number: ► / s 24. Agenda Item Title. , • ' •. • Ox' Bow • •Annexation. • Action Original Sponsor. • • Council Admin. X 5 . Timeline: Adopt initiating reso utton 3/93; complete annexation 9/93. onso 's Summary:. . ukwi;a has received a property owner petition to annex the Ox Bow area. Upon Council approval, annexation would be based on approval by owners of 60% of property value: • First of two public •hearings on the Annexation /Comp Plan /Zoning. Recommendations: . Sponsor: Administration • 7/12/93 • . Committee: C.A.P. recommended approval of resolution on 4/26/93.. • . .Administration: Recommends approval of the resolution. action to estahl i sh• annexation provisions. Cost impact (if known): . N/A . . • • Fund Source (if known): N/A • : \!tw•i'K4' :Sr} •.Cw:::::.:::...vnv.: :. F ::.::..CV.v •. CiC .:C' C. RD.'S. :.Cali .C1Y'. 0 N VA ! ..} C•:^:4:.Cir::::i:.v; :' � ..... v:.,C•,.... n.... Meeting Date Action 5 . Approved pursuing the annexation and initial .provi s i ons in RES 1255. __ 6/7/93 First of two public •hearings on the Annexation /Comp Plan /Zoning. 7/12/93 • Second of two'.ublic hearin•s•on the Annexation Com• P1. ••i.• and • action to estahl i sh• annexation provisions. • • Meeting Date 5/3/93 . Initiating resolution li 1J. UIl:J;> Attachments' B. C.A :P. review materials. 6/7/93 Additional Annexation Information 7/12/93 _ D. Additional information requested by the CityCounci l City of Tukwila John W. Rants, Mayor Department of Community Development Rick Beeler, Director MEMORANDUM To: John W. Rants, Mayor From: Rick Beeler, Director Date: July 7, 1993 RE: City Council Information Requests Regarding the Ox Bow Annexation. The City Council requested additional information at its June 7 public hearing, regarding annexation impacts in the following areas: 1. Police and fire service demand, 2. Public shoreline trail access, 3. Assumption of bonded indebtedness, 4. Land and water contamination, and 5. City liability for land and water contamination. Staff has developed the following analyses based on the information available. 1. Demand for Police and Fire service. Police. The Commander of the King County South Precinct reviewed patrol activity in the Ox Bow area and has estimated demand at no greater than three calls per month. This report is consistent with the Tukwila Police Department's assessment of service demand. No need for additional staff or equipment is anticipated. This information is further discussed in Aaceat Fire. Fire District No. 11 reviewed demand from the Ox Bow area during 1992. There were 7 fire calls and 34 aid calls for a total of 41 response calls. The Tukwila Fire Department 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • (206) 431-3670 • Fax (206) 431 -3665 Ox Bow City Council Information Request July 7, 1993 concludes that this level of fire service demand can be accommodated with existing staff and equipment. 2. Public Shoreline Trail Access. Page 2 Shoreline access does not now exist. Public access and trail construction would be provided in the immediate future through the conditions of two development documents. Short -term access and trail construction along 90% of the shoreline would be provided in conjunction with a County foot bridge in the southern Ox Bow area. This was a condition for the Boeing 9 -08 Building shoreline permit (90-2-SMP) Boeing Company agreed to this condition. Trail and bridge construction is scheduled for 1995. Short and long -term access and trail construction is also provided for in the Boeing Company's "Duwamish Corridor Redevelopment Proposal E.I.S. Mitigation Document." This document specifies permanent trail access and construction around the Ox Bow or an equivalent, as a condition to project development along E. Marginal Way. Boeing's ability to provide public access easements would be limited by the length of its land lease. Should shoreline access be revoked for any reason, replacement shoreline access would be required from Boeing to fulfil its development conditions. Provision of this replacement is not anticipated to be the responsibility of the underlying property owner. Discussions with Desimone Trust representatives have indicated that the trustees are unwilling to dedicate in perpetuity, the public access agreed to by the Boeing Company. A review of land use law clearly indicates that no regulatory basis exists for requiring such a dedication. This does not preclude a negotiated acquisition or use of the condemnation procedure. 3. Assumption of Bonded Indebtedness. Whether properties in the annexation area assume the City's existing bonded indebtedness is an annexation characteristic which property owners must accept or reject as a whole. It is possible that a petition which failed due to requiring assumption of bonded indebtedness, could be modified and recirculated. Failure to complete annexation prior to October 1st would mean that: a. the City would lose about $36,600 in general revenues and Ox Bow City Council Information Request July 7, 1993 Page 3 b. the property owners would pay about $35,500 more in taxes to King County than to Tukwila'. The annual bonded indebtedness charge, which expires in four years, is $5,000. 4. Land and Water Contamination. Land. All existing studies of land /shoreline contamination indicate that the Ox Bow is not polluted. However, this cannot be viewed as conclusive. This preliminary finding is based on (1) a 1990, study of Duwamish River restoration by the United States National Oceanic and Atmospheric Administration (NOAA) and the Federal Environmental Protection Agency (EPA) reviewed possible contamination at two sites in the Ox Bow (;tt°a :e t< >C), and (2) discussions with EPA Enforcement /Superfund Program staff. Soil samples from a southern site (Report Site No. 2) was visually inspected, while a northern site (Report Site No. 3) was chemically analyzed. No indications of contamination were found at either site. Historic land use and fill activities were also reviewed in the study. No indications of contamination due to historic land use or fill activities were discovered. Public Works was consulted regarding the validity of the study. They concluded that only the soil analysis done at the southern site provided actual data of negative contamination and considered conclusions based on visual and historical reviews as speculative. EPA enforcement representatives were also contacted. A review of all potential "Superfund" sites, which includes all sites where there is even a suspicion of contaminated lands, did not reveal any sites at the Ox Bowl. Water. Water contamination from the Ox Bow is primarily through storm water flows. There are no on -site pollutants generated, which are subsequently discharged through a river outfall (i.e., as in manufacturing waste water). 'Assumes that County Road and Fire District taxes in October, as is the County Surface Water Utility fee the County Surface Water Utility fee is considered, difference is about $34,533 (= (106,066- 37,000)/2) Beeler,6 /2/93). ZA working dock would have been classified as a Superfund site if it was a possible contaminated area. are levied . If only then the (Table 2, potential Ox Bow City Council Information Request Page 4 July 7, 1993 Turning Basin sediments are chemically analyzed by the U.S. Army Corps of Engineers every few years, in conjunction with dredging activities. These sediments have been consistently clean and used as clean overlay on contaminated sites and for other beneficial uses. All storm water from the site is discharged to the Duwamish River through outfalls or as sheet flows. Ox Bow storm outfalls to the Duwamish River were inventoried by Tukwila Public Works staff during May, 1993. Based on a previous Public Works report (5/10/93) and discussions with Public Works staff, there are four types of storm water facilities: a. Outfalls of the Washington State Department of Transportation (WSDOT) which drain SR -599, SR -99, West Marginal Place and residential areas lying east of the SR -99 right -of -way. There are about 12 WSDOT outfalls in the annexation area. A Federal Nationwide Pollution Discharge Elimination Permit System (NPDES) permit will eventually be required by the State Department of Ecology for all WSDOT outfalls. DOE is working with WSDOT on'this for various system segments. Tukwila is not required to take responsibility for this system except for possibly one outfall which also drains 27th Avenue So. and the southern residential area (see "b "). Any agreement to take over this outfall is envisioned to protect the City from liability for flows from WSDOT and non -City areas, and would require City Council approval. It should, be noted that some sheet flows from graveled truck /trailer leasing operations, construction storage sites and vacant lands, flow to the WSDOT drainage ditches along W. Marginal Place and thence to various outfalls. Sheet flows from the northern working pier landing flow directly to the river. b. The King County drainage system on 27th Place South drains to a segment of the WSDOT system and thence to a single outfall. Minor adjacent residential properties are also drained. Tukwila is required to take responsibility for the County drainage system. The drainage area includes a road right -of -way approximately 40 ft. wide and 370 ft. long, the sheet flows from less than Ox Bow City Council Information Request July 7, 1993 Page 5 one acre of residential property, and less than one -half acre of graveled truck /trailer parking area. A visit to the site did not reveal any visual signs of pollution such as significant oil dumping. This is consistent with historic non - polluting land uses and a finding of no contamination in soil samples at a southern analysis site as discussed above under "Land." c. Private outfalls which drain private property. A combination of Public Works and Planning staff research indicates that only Boeing has such outfalls. No public storm flows use these private outfalls. No unaccountable outfalls were discovered by Public Works staff. Boeing's system drains the majority of the area (" Boeing staff have stated that all outfalls have valid permits. City'staff accept Boeing's assertion of valid outfall permits since all Boeing Ox Bow development is very recent. A County permit, a State Hydraulic Permit and a Federal (NPDES) permit, would have been required prior to final building approval. Administrative jurisdiction over private outfalls is shared by King County, the State, and the Federal Government. King County's role would pass to the City of Tukwila upon annexation. d. Sheet flows from a working pier, a contractor storage yard, truck /trailer parks and vacant lands. All such lands are compacted soil and /or graveled. Legally established sheet flows are grandfathered at this time, although near future regulation of such non -point pollution sources is expected. Tukwila would assume jurisdiction from the County. No data on legality of use is available in a timely manner since almost all activity areas are open and unpaved storage. All areas except the contractor storage yard (which was locked on three site visits) were visually inspected. No obvious signs of contaminating activities (i.e. oil spills) were noted. This is consistent with a preliminary finding of no contamination at a northern Ox Bow analysis site (see Land). Ox Bow City Council Information Request July 7, 1993 5. Liability for Land and Water Contamination Page 6 The City Attorney has discussed this issue with NOAA, the lead agency on negotiating Duwamish River clean -up with Metro and the City of Seattle, and reviewed the above information. She has determined that the City's exposure to liability resulting from annexation cannot be established at this time because the level of Ox Bow contamination (if any) has not been established. The level of Ox Bow contamination could be established in an environmental audit. She notes that liability will certainly be incurred if the City becomes a generator or transporter of contaminants, and will be liable for cleaning up any contaminated property which is acquired. This information is discussed in Additional DCD review of the available information and consultation with area environmental regulators, has yielded the following analyses: 1. Tukwila already has some level of liability for land and water based on its jurisdiction over the entire 2.8 miles of (heavy industrial) eastern river bank, and both river banks for 8.6 miles upstream (with fairly non - polluting uses). This liability ranges from no liability to some level of shared responsibility with other permitting jurisdictions and the underlying property owners. 2. Annexing the Ox Bow's 1.4 miles of west bank shoreline would significantly increase Tukwila's existing liability only if the site were heavily contaminated or was heavily contaminating the river. Some visual or chemical site evaluation would be expected to indicate this heavy level of contamination if it existed. This was not found to be the case; staff's investigations found no evidence of contamination. 3. Conducting an environmental audit to establish the specific level of contamination, if any, is an option. This could be done during the petition circulation period, with a final City decision postponed until audit results were reviewed. This involves extensive and fairly costly chemical testing of land and water areas. The audit would identify the current level of site contamination (including river bed), contaminants generated on the site, and contaminants transported through the site. However, it would not necessarily identify what, if any, liability Tukwila would have for any clean -up. Ox Bow City Council Information Request July 7, 1993 Apportionment of clean -up responsibilities is an issue still being determined in the courts. Possible parties with clean -up responsibilities in a lawsuit would include, but not be limited to: Page 7 a. underlying property owners (e.g., the Desimone Trust which owns most of the Ox Bow, and the State of Washington which owns Hwy. 99 and the river bed), b. the contaminant generators, and c. past and present permitting jurisdictions (e.g., the US Coast Guard and Army Corps of Engineers, the State of Washington, King County and the City). ATTACHMENTS A. Police Chief Ron Waldner Memorandum of June 18, 1993. B. Shoreline Permit No. 90- 2 -SMP. C. Potential Intertidal Habitat Restoration Sites in the Duwamish River Estuary (1991) (Excerpts). D. City Attorney Memorandum of June 24, 1993 on "Potential Liability Associated With Oxbow Annexation." file:ox \issues.2 FIGURE 1 M•••01• 1w1.µ•4 :• p. •1 I I I I n �. I K ` I 1 � \ • t I i TURN /NG •BAS /N City of Tukwila Oxbow Annexation Private • May,1993 t . BOEING BOEING STORM WATER SYSTEM RAINIER GOLF 1. COUNTRY CLUB • 4t 11 r ° • / Il • APPROX. SCALE 1•=8OO• LEGEND SOURCE: HAROLD VANDER GRIFF, KING COUNTY BUILDING AND LAND DEVELOPMENT 5/3/93 MH HEAVY MANUFACTURING RS7200 SINGLE FAMILY DETACHED MINIMUM LOT SIZE 7200 SQUARE FEET • is }�A. J.i:�:!Y» fi!� „:'t:��fi:` : S.'•' t. r..' e.: c4x... r..•. r.;-.... a ..�.v....s.nv.4a1+.'a;`�4n ^R5N 1'G'.'•riT�:!'.:",i':S:�Y. i'J:'S?if!;:'P;�..2 ?:ei:r • City of Tukwila John W. Rants, Mayor Police Department Ron Waldner, Chief of Police MEMORANDUM TO: Rick Beeler, Dir. DCD FROM: Ron Waldner, Chief of Police DATE: June 18, 1993 SUBJECT: Ox Bow - Police Calls For Service As follow up to the request for information concerning "Police” activity in the Ox Bow area, I initiated contact with Major Rebecca Norton, Commander South Precinct, King County Police Department. Major Norton's detachment has policing responsibility for the area surrounding Ox Bow. Major Norton pulled her activity reports for the rather larger patrol and reporting district that encompasses Ox Bow, and evaluated a recent 30 -day spread for the streets contained within Ox Bow. She also spoke with her patrol people working the district. She has confirmed there is very little current demand for police service in the area under annexation consideration and "guesstimated" the average would not currently exceed two to three calls a month. This report is supportive of our assessment, and why we believe there will be little, or no impact on our patrol activity. RECEIVED JUN 1 81993 DEVOELOPMENT 6200 Southcenter Blvd. • Tukwila, WA 98188 • Phone: (206) 433 -1808 • Admin. Fax — (206) 244.6181; Invest Fax —(206) 4313688 ATTA "VIM /rl►�T A TYPE OF ACTION: 1 City of Tukwila PLANNING DEPARTMENT 6200 Southcenter Boulevard Tukwila, Washington 98188 (206) 433 -1849 Shoreline Management Act of 1971 PERMIT FOR SHORELINE MANAGEMENT SUBSTANTIAL DEVELOPMENT CONDITIONAL USE OR VARIANCE File Number: 90 -2 -SMP Approved X Denied Date: AUGUST 7, 1990 Substantial Development Permit [1 Conditional Use [E Variance Pursuant to RCW 90.58, a permit is hereby granted to: BOEING ADVANCED SYSTEMS to undertake the following development (be specific): CONSTRUCT 9.000 SQUARE FOOT CAFETERIA, INSTALL LANDSCAPING AND LINEAR PARK AROUND PARKING LOT EDGES. CURB,, GUTTER, SEAL COAT AND STRIPE PARKING LOT AND INSTALL COVERED PEDESTRIAN PATHWAYS. upon the following property (legal description, i.e., section, township, range): 9303 E. MARGINAL WAY S. ; TRACTS 57, 58, 59, 60, 61 65, 66. 67. 68, MOORE'S FIVE ACRE.TRACT; SECTION 4...23..4 AND SECTION 33 -24 -4 & FORMER DUWAMISH RIVERBED THE PROPOSED PROJECT WILL BE WITHIN THE AREA OF THE GREEN RIVER AND ITS ASSOCIATED WETLANDS, WHICH IS A SHORELINE OF STATEWIDE SIGNIFICANCE AND IS DESIGNATED AS AN URBAN ENVIRONMENT. The following master program provisions are applicable to this development (state the Master Program sections or page numbers): KING COUNTY MASTER PROGRAM PUBLIC ACCESS GOAL (P.5) POLICY 4 (PG.9) POLICY 3 (P.9); POLICY 1 (P,9) Development pursuant to this permit shall be undertaken pursuant to the following terms and conditions: SEE ATTACHED. Fal.e /vfs /1TTAS`Li11ICAMT o 'PERMIT FOR SHORELINE MANAGEMEr SUBSTANTIAL DEVELOPMENT Page 2 This permit is granted pursuant to the Shoreline Management Act of 1971 and nothing in this permit shall excuse the applicant from compliance with any other federal, state or local statutes, ordinances or regulations applicable to this project, but not inconsistent with the Shoreline Management Act (Chapter 90.58 RCW). This permit may be rescinded pursuant to RCW 90.58.140(8) in the event the per - mittee fails to comply with the terms or conditions hereof. CONSTUCTION PURSUANT TO THIS PERMIT WILL NOT BEGIN OR IS NOT AUTHORIZED UNTIL THIRTY (30) DAYS FROM THE DATE OF FILING WITH THE DEPARTMENT OF ECOLOGY AS DEFINED IN RCW 90.58.140(6) AND WAC 173 -14 -090, OR UNTIL ALL REVIEW PROCEEDINGS INITIATED WITHIN THIRTY DAYS F:a HE DATE OF SUCH FILING HAVE TERMINATED; EXCEPT AS PROVIDED I /;•'`( 90.5 .140(5)(a)(b)(c). Date c� erector, ' arming Iepartment Construction or substantial progress toward construction must begin within two years from date of issuance, per WAC 173 -14 -060. THIS SECTION FOR DEPARTMENT OF ECOLOGY USE ONLY IN REGARD TO A SUBSTANTIAL DEVELOPMENT PERMIT WITH A CONDITIONAL USE OR VARIANCE PERMIT. DATE RECEIVED BY THE DEPARTMENT : APPROVED (date): DENIED (date): This conditional use /variance permit is approved /denied by the department pursuant to Chapter 90.58 RCW. Development shall be undertaken pursuant to the following additional terms and conditions: Date (Signature of authorized Department official) cc: Applicant, File, D.O.E. (25 /SHOR.PMT) C 90 -2 -SMP Boeing 9 -08 Site Improvements & Cafeteria Shoreline Permit Conditions 1. Staff approval of a detailed irrigated landscape plan which provides the following: a. A riparian environment along the riverbank and a*. minimum five feet of landscaping between the B.E. & C. building and the river. b. The inclusion of alternating trees which will provide significant landscape relief along the west side of the 9 -08 building.' c. Benches located throughout the landscape areas. 2. Submittal of a building material more harmonious than the concrete proposed or tint concrete and landscape around structure to soften and minimize significant concrete walls. 3. Submittal of earth tone colors which complement the color on the 9 -08 and 9 -77 structures for the canopies, light fixtures and painted components of the cafeteria. 4. Revision of Cafeteria Elevations to more harmoniously incorporate the tower into the overall design and incorporate the steel element into the design of the east elevation. 5. Provision of a gate on the fourth side of the trash enclosure. 6. Submittal of pedestrian light fixtures that are harmonious with proposed parking lot fixture and cafeteria design. 7. Improve and dedicate for public trail purposes a 12 foot crushed rock surface (use existing surface, base & edging) from pedestrian bridge crossing)along west bank of Duwamish Riverto 102nd Ave. and out to W. Marginal Place S. providing a continuous loop extension of public trail. (See attached). An 8 -foot trail may be constructed to preserve existing significant landscaping subject to approval of the Director of DCD. 36' C t.,y±, �s� nNig ., ,q Gr1.4 :ii%��..1Fr.'�,;1: �tiss` tii1... kJ.! �^f? �L'" iJ1l, Y, isu' 6',*!?' JaK1n1s:,: 4v4:.,:....., w..,.<.... ■,,...,+. m.,... 4.,:. nw:+ ny0: xwaOa* r.. i: sr,+ eIVSevcwus.: caasrn u�. mm�w: a.,... ��.,. w«.. rd.,,.... �. �. a-. w......,. SEPA checklist and Shoreline permit plans must be completed by applicant, by March 1, 1991 for County processing with Regional Trail improvements. Trail completion will be required within six months of issuance of Shoreline permit for trail. BEGaiNi. TRAIL . 5 panmett TURNING BAS ACCESS. SITE • k .104 . s • • 101 GREEN RIVER TRAIL DUWAMISH SUBSTATION KING COUNTY JONES & JONES Lt,uffll Ekf...r/A16 O. vi/WV & .r-AiPeoVE . .1. • pry 5V- • • POTENTIAL; INTERTIDAL HABITAT RESTORATION SITES IN THE DUWAMISH RIVER ESTUARY RECEIVE: JUN 1 81993 COMMUNITY DEVELOPMENT ` .+• _ `•t "� �1 •~r'� KA! % • .�/�'' 11114 ":1411 _! �� iti �.�' " R�. !� ter► gm, fm III 111 MI de. elk a 1496% t .'r Port of Seattle PORT OF SEATTLE ENGINEERING DEPARTMENT fw■ E PA U.S. ENVIRONMENTAL PROTECTION AGENCY Fuvtnnutr IrTal rVAI IIATnII. Qll .•1 1 r.^.L'+c{ e 5ry:.P!)..�di.'.%i� : 1i; Y.:; tivNism -JSir.:m:v„w�.u.,..•.•.•..+v v. • :o�r�nr�em YxYllN.A•MMMT+v'•?•∎ .w.m Suggested Citation: Tanner, C .D. 1991. Potential intertidal habitat restoration sites in the Duwamish River estuary. EPA 910/9- 91 -050. Final report prepared for the U.S. EPA and Port of Seattle. Seattle, WA. 93 p. + appendices. POTENTIAL INTERTIDAL HABITAT RESTORATION SITES IN THE DUWAMISH RIVER ESTUARY Prepared for: PORT OF SEATTLE ENGINEERING DEPARTMENT and U.S. ENVIRONMENTAL PROTECTION AGENCY ENVIRONMENTAL EVALUATIONS BRANCH By Curtis D. Tanner December 1991 RECE1V Ems. JUN 1 81993 COMMUNITY DEVELOPMENT 5 311.32 Boeing Field 1 �1 r • . , • :,...,, ...,:,. .• 0-0:,:if •.• _:.:;,. - - -.N. :,....... • AA. air...• VI .r.. • . ; :Z. ...117,:' . . iii .41 tytiYice. • . .. : . . • • • .7!..2.' ',/ • .,,,NW(.... • Ar.:%.:, • ' • • : .. 7: ''' :.....sf4 v.' L'"?. V. -11;A T--*- 14116•... er,......... ...ant x......411.4 r"•,.f.A.,::"6", ur ;:" ; :—..:...7.7::•,....... ..5.p.-..-''',.' • '..1.'4......; ..-Iir...!....-;'-f:;-,1 `114._;.,..... ,,. . • -01411r0:` N't 1 '. - ; , . -.. - . • 1.: .....10.1 ...-.... . . - • . • • 7-:.' i ; : .' ?Al ....." :-, .. " •.. .., ..: :;::' :I.'s.; . .‘ ::.....,. '..,...: ‘.:,:-,:".:...: .-. r' • .• .,, . • • v"Wv--,.z•tz.-sh...-:•s, .1) t• ..r4r....'41°14(744.4t1 i'.Z.X:•• .1.": --41: 4'. •,..;:a . • „ 1W.: . 7 . A .1.....1.721... '• .2...S4'..•,-......, _Alp' 7.....3t3t . e„..0›.• Atetlu . -1X..-1.- r7::-... il'''<e:•;..,4Z......:_%-ao,..,.1.! . t. — .N.,..,,,_-..,......• rP4 4,--:-. '-.....- ,- -. '..-1.=,, "I 4:S° Ai* .--..:1.' VT: •ea.-rt cf. -... .... -4. d'. • -77 ... "V''''''. ., . .A...ri.,_... ....1. • 4.- • .:...1- 4 Z.'„,,.,._....._''''''- r.:'-.z:_•..''''4, :":"-, 4:-% L....-....tP '4 :V.;:14 *.v ..6... .s, 1 4. ■ ' Figure 11 — Site 2, View of Upland PAGE - 28 Description SITE 2 This site (Figure 11) is directly across the river from Site 1. It is one of the larger sites identified in the study; some 10 acres in size. Apparently fill placement here has raised the site to an elevation between 15 and 22 feet. Ownership /Use Private ownership of the site is bisected by a Seattle City Light transmission easement. Besides former agricultural uses described below, no other evidence of land use was detected. West Marginal Way SW (11000 block) borders the site to the west. A Boeing Company warehouse storage facility and several abandoned homes abut the site to the north and south, respectively. Shoreline The shoreline is riprap, however an area of unconsolidated material on a more gentle slope does extend from the toe of the riprap in the lower intertidal to subtidal areas. History This arca, though substantially higher than the river, does not appear to have been filled in the 1940 photographs. At this time, the site was used for agriculture, including tree farming, row crops, and loafing sheds. Other farm buildings existed on the site. Unvegetated bars are exposed outside the dike. Prior to use for agriculture, swamps were predominant in the upper reaches of the estuary. Contamination None observed. Potential Both Site 1 and Site 2 appear to have sufficient size and width (distance from river) to support the full range of intertidal habitats. Foreshore flats could be preserved and expanded landward_ A fringing marsh could be established, and a band of trees and shrubs could be established to provide riparian or swamp habitats, as well as a vegetated buffer. Figure 12— Site 3, 'View of Derelict Vessel Figure 13 — Site 3, View of Adjacent Intertidal Area PAGE - 30 _ ; Description SITE 3 - TURNING BASIN Site 3 (Figures 12 and 13) is a relatively low elevation (10 to 15 feet) parcel; 4.7 acres in size. Site 3 is adjacent to the turning basin at the upper end of the maintenance dredged portion of the Duwamish Waterway. Ownership /Use The turning basin is utilized primarily as a settling basin. Sediments deposited here are periodically dredged by the Corps of Engineers before they can become contaminated and exacerbate downstream channel sedimentation. The upland portions of the site (2.4 acres) are owned by the Port of Seattle. Adjacent tidelands do not appear to be privately owned. A salvage yard occupies a peninsula shaped spit of fill. The hull of a large abandoned wooden ferry, partially burned, sits in the middle of a small tidal creek.. Other debris, including two large steel barges, covers part of the intertidal area. West Marginal Place separates the site from busy West Marginal Way SW to the west. A large Boeing Company parking lot and a metal fabricators shop border the site to the south. Shoreline History The shoreline here is natural. Some intertidal vegetation (Carex lyngbyei, Disrichlis spicara) is present and a few trees grow at the top of the bank. In 1940, the area around what is now the turning basin appears to have been a much wider section of the river. A dike ran along Southwest Marginal Way. A rather large intertidal area appears to have existed between the dike and the river channel. Fill material appears to have been recently placed in areas of vegetated and non - vegetated wetland. Farm buildings exist along the top of the dike; areas behind the dike were cultivated. The existing small creek channel is apparent and appears to have followed approximately its present -day course. Prior to non - native settlement, the site was tidal swamp and river channel. Contamination No }mown sources of contamination exist in the immediate vicinity, and recentl analyfor sediment Lona__ the site showed no significant concentrations of riority pollutants J. Smith, cores). PAGE - 31 kt 06/24:93 13:31 FAX .20E-530173 .HUN'�IATP:. Q6123'f93': 1• ?: ?4:x•7 LERG•LL ,RATA. , 'SAS ;UA.TC': Qh./22 /q3' LER'CLIS 6.07A. •fS.E TI: :171.'17:52 -37'. ;-� TUK PUB WORKS Z002r003 VERSIfIN 3.00. SELECTTfl4: • SIJE:CIAL t: : :;. SI<QUEP•JCF: STA' E, .ztP C•ODE EVENTS: ALL. VEk41ON "ivA i1.Sr• °P� ". SLIP,ERFUNU cp.ROGRAM ;ti....5. ! ..0 .U••1 5• ' LIS.T =1': • : S TTELEV.ENT 'LI:STING: SITC NI,MS 11CCT r 1 GITY STATE .LIP. E- Ia_ti� ' ir�riiN.11.QIlE_ =:+ WArit1OS252Q16 • SCATT•1 F .RE'::.'�R- r,' iYaR S 5715•' 4 130TH PL .S'EA.TTL F 037 (i 3 S UNS =T' ?ASK — TUb LA•KF SYT= S. 135TH F, 3 9T- AV S SEATTr. 033 RIN,; SAPC11 SQLVEP:1 t REATMPKIT. INC 221 i .5244TH •S; 'SEATTLE, 031 `iNG HA09111l66431 (. wAOg8c9T4969.. •RA 9j.lbu • WA V d l 5 PRaLE EVENT EV YYbE Gl?' DE 1' IPA? ; NP.A • ESL RAl. ' • 511 NFA .0;1 .. DST .I;Ai • • • 06/24/93 :14:31 , Fd. 206553-0.1.75 S R• I S 444. TUK PUB FORKS . • (1003: 003 ...i- GF ,HELP OAt'AA '&A5t ' oafai. ti o..1.: ;: • . iv C.EI.HtLl'• DATA SASE .1114 ;. N./A.4. • • City of Tukwila John W. Rants, Mayor Office of the City Attorney MEMORANDUM TO: Rick Beeler Vern Umetsu FROM: Linda P. Cohen,' City Attorney RE: Potential Liability Associated With Oxbow Annexation DATE: June 24, 1993 Linda P. Cohen, City Attorney JUN 2 41993 Cl:;vi . DEVELOi =lL.L, „ I have had the opportunity to discuss with Bob Taylor, General Counsel for NOAA, Tukwila's potential liability should we decide to annex the Oxbow region. Taylor is intimately familiar with these issues. Our potential liability cannot be determined at this time for a few reasons. Bob Taylor suggested that we consider an environmental audit. At this time we are apparently not aware of the type and extent of . contaminants, if any, that exist within this region. Without the facts it is literally impossible to venture a guess as to potential liability. Obviously we will be better equipped to address liability once we learn this information; however, the extent of our liability is still subject to speculation. The one way to learn for a certainty the extent of our liability is to be sued. We are obviously trying to prevent that. If we become a generator or transporter of contaminants, we will surely incur liability. If we purchase contaminated property, we may be liable for cleanup as well. Bob Taylor is confident that if we learn of existing contaminants and decide to annex this property, we can arrive at a settlement acceptable to all parties. LBC /cc cc: John McFarland CITYATTY \MEMO \OXBOW.002 6200 Southcenter Boulevard • Tukwila, Washington 98188 • Phone: (206) 433 -1867 • Fax (206) 433 -1833 TTA /'■ , I• /r \11T r '>:< f City of Tukwila John W. Rants, Mayor Police Department Ron Waldner, Chief of Police MEMORANDUM TO: Rick Beeler, Dir. DCD FROM: Ron Waldner, Chief of Police DATE: June 18, 1993 SUBJECT: Ox Bow - Police Calls For Service As follow up to the request for information concerning "Police" activity in the Ox Bow area, I initiated contact with Major Rebecca Norton, Commander South Precinct, King County Police Department. Major Norton's detachment has policing responsibility for the area surrounding Ox Bow. Major Norton pulled her activity reports for the rather larger patrol and reporting district that encompasses Ox Bow, and evaluated a recent 30 -day spread for the streets contained within Ox Bow. She also spoke with her patrol people working the district. She has confirmed there is very little current demand for police service in the area under annexation consideration and "guesstimated" the average would not currently exceed two to three calls a month. This report is supportive of our assessment, and why we believe there will be little, or no impact on our patrol activity. RECEIVED JUN 1 81993 DEVELOPMENT 6200 SouthcenterBlvd. • Tukwila, WA 98188 • Phone: (206) 433 -1808 • Admin. Fax:— (206) 244 -6181; Invest Fax — (206) 431-3688 �ynnmwa+erna�.n+.ur.e uww.w..,w...er......... vrun/.+wbxcxW.lMl. >I3� NN2RPI:CI�R'3WY: d�ti ..GM>Y+wv. • 206- 244 -8418 KING CTY FIRE DIST11 June 18, 1993 To: Mike Alderson, Assistant Chief From: Juel Hammond, Assistant Chief Re: 1992 Responses to Oxbow Area b h'Li JUN 1 ' y ; by: b3 Listed below are the Fire and Aid responses to the Oxbow area, broken down by specific address: Fire Aid Total 10710 West Marg. 2 9 11 10500 West Marg. 1 23 24 10054 - 11103 West Marg. 4 2 6 2600 - 2900 So. 102nd 0 0 0 Total Calls 7 34 41 6/18/93 Pat, I received the attached corrections to the Ox Bow legal description. Please let me know if the King County changes are acceptable. Thanks, Vernon. RECEIVE :r'. .JUN 181993 i UKWILA • .PUBLIC WORKS S MJvra Maw fin11 -120( f //ido . ewd445 Revis-elD Cg&kc (G/60J) azeCot vii 7 /fiP.7 June 18, 1993 REV. LEGAL DESCRIPTION for OXBOW AREA BETWEEN WEST MARGINAL WAY AND THE DUWAMISH WATERWAY BEGINNING at the intersection of the south line of the John Buckley Donation Land Claim number 45 and the westerly right -of -way line for Primary State Highway No.l (S.R.99) as approved 7- 23 -57, revised 2 -4 -64, Sht. 3 of 7, and established under Deeds, Volume 4099, Page 666, Records of King County, Washington, in the northwest quarter of Section 4, Township 23 North, Range 4 East, W.M.; Thence northerly along said westerly margin and its northwesterly extension therof to the north line of tract 55 in Moore's Five Acre Tracts as recorded under volume 9, page 28 under Plats, records of King County, Washington; Thence easterly along said north line of tract 55 and continuing along the easterly extension thereof to the thread of the Duwamish Waterway also being the existing Tukwila City Limit Line (Tukwila Ordinance 1503 and 1515); Thence southerly along the thread of the said Duwamish Waterway and River also being the existing Tukwila City Limit Line to the west margin of Pacific Highway South (State Rd. No. 1) situated in the northeast quarter of Section 9, Township 23 North, Range 4 East, W.M.; Thence southerly along said west margin and existing Tukwila City Limit Line to the south margin of South 116th Way (South 116th Place); Thence westerly along said south margin to the west margin of West Marginal Way; Thence northerly along said west margin to the north margin of South 116th Way (South 116th Place); Thence northwesterly along said north margin of South 116th Way to the new westerly right -of -way line and Limited Access line for Primary State Highway No. 1 (S.R.99) as approved 7 -23 -57 and shown on sheets 1 and 2 of 7; Thence northerly along said new westerly right -of -way line to the POINT OF BEGINNING. RECE V 77) JUL 0 8'1993 cam„,.,:. DEVELOPt\;;:., Washington State Boundary Review Board For King County Central Building, Suite 608, 810 3rd Avenue, Seattle, WA 98104-1693 (206) 296 -6800 TO: THE HONORABLE CITY COUNCIL CITY OF TUKWILA FROM: ALDA H. WILKINSON, Executive Secretary IN RE: REQUEST FOR ADMINISTRATIVE CORRECTION FILE NO. 1809 - CITY OF TUKWILA - OXBOW ANNEXATION Enclosed please find a copy of the letter from the King County Engineering Staff regarding the legal description supplied as a part of the above- referenced Notice of Intention. We are assuming that you will be in accord with these recommendations and are continuing to process this file. Should you disagree with the requested corrections, please let me know immediately. Any questions regarding this should be directed to Tommy Burdette, King County Department of Public Works, at 296 -3731. The legal as corrected must be used on all future documents affecting this proposal. AHW /cw . Enclosures as noted CC: William S. Vlcek, Department of Public Works (w /encls.) Helene Mociulski, Office of the Clerk of the Council (w /encls.) Rick Beeler, Tukwila Department of Community Development ✓. c:Wocs form107 RECEIVED JUN 1 81993 COMMUNITY DEVELOPMENT .• April 21, 1993 REV. EXHIBIT D LEGAL DESCRIPTION for OXBOW AREA BETWEEN WEST MARGINAL WAY AND THE DUWAMISH WATERWAY BEGINNING at the intersection of the south line of the John Buckley Donation Land Claim number 45 and the westerly right -of -way line for Primary State Highway No.1 (S.R.99) as - ,rA1f3i.isNED- she+err under Deeds, volume 4099, page 666, Records of Ring County, vN Washington, in the northwest quarter of Section 4, Township 23 r North, Range 4 East, W.M.; W ND A sr5 11 oRrovitiMRLy m EA-ref-Q.514,4 Tf3E+C ce d b Thence northerly along said westerly n�arginV'to the north line of " .„, tract 55 in Moore's Five Acre Tracts as recorded under volume 9, ` t. page 28 under Plats, records of King County, Washington; 3' r..r,o 5.4, -4 NA Thence easterly along said north line of tract 55 and continuing -`J along the easterly extension thereof to the thread of the r Duwamish Waterway the existing Tukwila City Limit Line (Tukwila Ordinance 1503 and 1515); H Thence southerly along the thread of the said Duwamish Waterway and the existing Tukwila City Limit Line to the west margin of Pacific Highway South (State Rd. No. 1) f,ru0rEp iN T/IE NvRT #EAST' ►/y of 5 •9iT ?3 N) R �f �, a), Ai. Thence southerly along said west margin and existing Tukwila City Limit Line to the south margin of South 116th Way (South 116th Place); Thence westerly along said south margin to the west margin of West Marginal Way; Thence northerly along said west margin to the north margin of South 116th Way (South 116th Place) ;. of 519 a to tit wAy Thence 'northwesterly along said north margin to the westerly new right -of -way line and Limited Access line for Primary State Highway No. 1 (S,R.99)A5 APPRLNED 7 -23- 7 ANT,../ awM O/d 5 Grs /42 pF7 NEB Thence northerly along said (westerly right -of -way line to the POINT OF BEGINNING. FILE NO. 1809 - CITY OF. TUKWILA•- OXBOW ANNEXATION RECEIVED JUN 1 8 1993 • COMMUNITY • DEVELOPMENT NO SCALE DRAFT OXBOW/Li ANNEXATION AREA BOUNDARY tn i \ L . ; fart, FILE NO. 1809 - CITY OF. TUKWILA - OXBOW ANNEXATION . . City of Tukwila 6200 Southcenter Boulevard • Tukwila, Washington 98188 John W. Rants, Mayor To: Rick Beeler From: John McFarland Date: June 11, 1993 Re: Oxbow Annexation As a follow up to the June 7 Public Hearing regarding the Oxbow annexation, please coordinate the collection of information addressing the Council's inquiries. Specifically: • Surface water drainage liability - to the extent that this can be determined. Meet with Linda and see if any assessment can be made with respect to the Elliot Bay clean up project. It would seem that the greatest liability would rest with private property owners, WSDOT and King County, who permitted the systems currently in place. As a latecomer in this issue, Tukwila should have limited exposure. • Land fill /dumping activities - research records for evidence of any illegal or questionable land fill areas. This won't be easy given the state of the County's files. The important thing is to demonstrate that we made the inquiry. I would pay close attention to the area near the turning basin currently occupied by what appears to be some sort of marine salvage activity. • Number of Police and Fire calls for the previous 12 month period. This will be a simpler task for Tom than for Ron, as the County with their stone age information system cannot isolate activity on a narrow geographic basis. Perhaps discussions with a precinct representative could provide a general or rough idea. I'd like to see the report prior to the next hearing on July 12. I'm providing copies of this memorandum to Linda, Ross, Tom and Ron to give them a head start on gathering some of the information. JM /so cf: Mayor Linda Ross Tom Ron RECEIVED JUN 1 11993 COMMA. DEVELOPIvjLIVT Phone: (206) 433 -1800 • City Hall Fax (206) 433 -1833 To: City of Tukwila John W. Rants, Mayor Department of Community Development Rick Beeler, Director Ross Earnst Tom Keefe Ron Waldner Linda Cohen From: Rick Beeler ' Date: June 9, 1'93 RE: MEMORANDUM Council Information Request for Ox Bow Annexation. The City Council requested the following information at its public hearing on June 7th: 1. Police and Fire Departments: The number and type of police and fire calls from the annexation area. A standard period should be coordinated between the two departments. Lucy thinks that three years would be sufficient. 2. Public Works Dept.: Identify any unusual risks due to contaminated fill in the area (or due to hazardous historic activities). Pollution (or non - pollution) from on -going drainage may also be addressed. I received a call from John Beal (762 -3640) of International Marine Protecting Aquatic Life (I'M A PAL) this morning. He states that activities at the northern pier area have generated, documented high levels of pollution. He suggested contacting Robert Clark at NOAA. John Crull of Boeing Planning and Program Support (393 -7299) stated that he could provide information on actions Boeing has taken and is committed to take in the future to improve storm water quality. 3. City Attorney: What actions may be taken to minimize City liability for drainage. 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • (206) 431 -3670 • Fax (206) 431-3665 . . City Council Information. Request Ox Bow Annexation Page 2 A review of the issue as verbally presented to Council may be helpful. Also, Ross Earnst has discussed this with Phil Fraser, who attended a seminar on this issue. 4. Planning: Review the basis for requiring public trail access along the shoreline as part of the annexation. Please submit your responses to Vernon Umetsu (x -1684) by June 22nd to allow a completed draft by June 29th for interdepartmental review and timely submittal for the July 7th deadline. The next public hearing is on July 12, 1993. Thank you for your help. cc:Mayor filetdepthd .......,.- «.�..... City of Tukwila John W. Rants, Mayor Department of Community Development Rick Beeler, Director MEMORANDUM To: Rick Anderson From: Vernon Umetsu �� Date: June 7, 1993 RE: Petition for Ox Bow Annexation. As we discussed over the phone, I have researched the petition requirements for the annexation and find the following: 1. Owner signatures must satisfy the requirements of RCW 35A.01.040(9)(a) through (d) as specified in RCW 35A.14.120 (see attached call -out "A "). 2. The signature requirements are shown in attached call -out ono 3. There seems to be a six month time frame for petition signatures per RCW 35A.01.040(8) (see attached call -out 'ld ) The City has been expiditing this application to authorize petitition signatures beginning on July 14th and completing all work by mid - September. I undestand that this can be accomodated with trust member schedules. Please call me at 431 -3684, if I can be of further help. cc: Mayor /City Clerk filesox \anderen.2 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • (206) 431-3670 • Fax (206) 431-3665 Title 35A RCW: Optional Municipal Code 35A.14.085 authorize an assumption of indebtedness. If the measures are combined, the annexation and the assumption of indebt- edness shall be authorized only if the proposition is approved by at least three - fifths of the voters of the area proposed to be annexed voting on the proposition, and the number of persons voting on the proposition constitutes not less than forty percent of the total number of votes cast in the area at the last preceding general election. However, the code city council may adopt a resolution accepting the annexation, without the assumption of indebt- edness, where the combined ballot proposition is approved by a simple majority vote of the voters voting on the proposition. [1989 c 84 § 23.] 35A.14.090 Election method— Ordinance providing for annexation, assumption of indebtedness. Upon filing of the certified copy of the finding of the county legislative authority, the clerk shall transmit it to the legislative body of the city at the next regular meeting or as soon thereafter as practicable. If only a proposition relating to annexation or to annexation and adoption of a proposed zoning regulation was submitted to the voters and such proposition was approved, the legislative body shall adopt an ordinance providing for the annexation or adopt ordinances providing for the annexation and adoption of a proposed zoning regulation, as the case may be. If a proposition for annex- ation or for annexation and adoption of a proposed zoning regulation, and a proposition for assumption of all or any portion of indebtedness were both submitted, and both were approved, the legislative body shall adopt an ordinance providing for the annexation or for annexation and adoption of the proposed zoning regulation, including the assumption of the portion of indebtedness that was approved by the voters. If both propositions were submitted and only the annexation or the annexation and adoption of the proposed zoning regulation was approved, the legislative body may adopt an ordinance providing for the annexation or adopt ordinances providing for the annexation and adoption of the proposed zoning regulation, as the case may be, or the legislative body may refuse to annex when a proposal for assumption of the portion of indebtedness has been disap- proved by the voters. [ 1979 ex.s. c 124 § 6; 1967 ex.s. c 119 § 35A.14.090.] Sevcrability -1979 ex.s. c 124: See note following RCW 35A.14.015. 35A.14.100 Election method— Effective date of annexation. Upon the date fixed in the ordinance of annexation, the area annexed shall become a part of the city. Upon the date fixed in the ordinances of annexation and adoption of the proposed zoning regulation, the area annexed shall become a part of the city, and property in the annexed area shall be subject to the proposed zoning regulation, as prepared and filed as provided for in RCW 35A.14.330 and 35A.14.340. All property within the territory hereafter annexed shall, if the proposition approved by the people so provides, 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 the portion of indebtedness of the city that was approved by the voters. [ 1979 ex.s. c 124 § 7; 1967 ex.s. c 119 § 35A.14.100.] (1992 Ed.) Sevcrability -1979 ex.s. c 124: Sce note following RCW 35A.14.015. 35A.14.110 Election method is alternative. The method of annexation provided for in RCW 35A.14.015 through 35A.14.100 is an alternative method and is addition- al to the other methods provided for in this chapter. [ 1967 ex.s. c 119 § 35A.14.110.] 35A.14.120 Direct petition method — Notice to legislative body — Meeting— Assumption of indebted- ness— 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 circula- tion 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 initiat- ing 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 legisla- tive 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 —f city may be filed with the legislative body of the municipali- ty 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 cotermi- nous 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 [Title 3M RCW —page 27] 35A.01.010 Title 35A RCW: Optional Municipal Code addition and supplementary to the powers conferred in general terms by this title. All grants of municipal power to municipalities electing to be governed under the provisions of this title, whether the grant is in specific terms or in general terms, shall be liberally construed in favor of the municipality. [1967 ex.s. c 119 § 35A.01.010.] 35A.01.020 Noncharter code city. A noncharter code city is one, regardless of population, which has initially incorporated as a noncharter code city, subject to the provisions of this title, or is an incorporated municipality which has elected, under the procedure prescribed in this title, to be classified as a noncharter code city and to be governed according to the provisions of this title under one of the optional forms of government provided for noncharter code cities. [1967 ex.s. c 119 § 35A.01.020.] 35A.01.030 Charter code city. A charter code city is one having at least ten thousand inhabitants at the time of its organization or reorganization which has either initially incorporated as a charter code city and has adopted a charter under the procedure prescribed in this title; or which, as an incorporated municipality, has elected to be classified as a charter code city and to be governed according to the provisions of this title and of its adopted charter. [1967 ex.s. c 119 § 35A.01.030.] 35A.01.035 Code city. The term "code city" means any noncharter code city or charter code city. [1967 ex.s. c 119 § 35A.01.035.] 35A.01.040 Sufficiency of petition. Wherever in this title petitions are required to be signed and filed, the follow- ing rules shall govern the sufficiency thereof: (1) A petition may include any page or group of pages containing an identical text or prayer intended by the circulators, signers or sponsors to be presented and consid- ered as one petition and containing the following essential elements when applicable, except that the elements referred to in subdivisions (d) and (e) hereof are essential for petitions referring or initiating legislative matters to the voters, but are directory as to other petitions: (a) The text or prayer of the petition which shall be a concise statement of the action or relief sought by petition- ers; (b) If the petition initiates or refers an ordinance, a true copy thereof; (c) If the petition seeks the annexation, incorporation, withdrawal, or reduction of an area for any purpose, an accurate legal description of the area proposed for such action; (d) Numbered lines for signatures with space provided beside each signature for the date of signing and the address of the signer; (e) The warning statement prescribed in subsection (2) of this section. (2) Petitions shall be printed or typed on single sheets of white paper of good quality and each sheet of petition paper having a space thereon for signatures shall contain the text or prayer of the petition and the following warning: [Title 35A RCW —page 2] WARNING Every person who signs this petition with any other than his true name, or who knowingly signs more than one of these petitions, or signs a petition seeking an election when he is not a legal voter, or signs a petition when he is otherwise not qualified to sign, or who makes herein any false statement, shall be guilty of a misdemeanor. Each signature shall be executed in ink or indelible pencil and shall be followed by the date of signing and the address of the signer. (3) The term "signer" means any person who signs his own name to the petition. (4) To be sufficient a petition must contain valid signatures of qualified electors or property owners, as the case may be, in the number required by the applicable statute or ordinance. Within three working days after the filing of a petition, the officer or officers whose duty it is to determine the sufficiency of the petition shall proceed to make such a determination with reasonable promptness and shall file with the officer receiving the petition for filing a certificate stating the date upon which such determination was begun, which date shall be referred to as the terminal date. Additional pages of one or more signatures may be added to the petition by filing the same with the appropriate filing 'officer prior to such terminal date. Any signer of a filed petition may withdraw his or her signature by a written request for withdrawal filed with the receiving officer prior to such terminal date. Such written request shall so suffi- ciently describe the petition as to make identification of the person and the petition certain. The name of any person seeking to withdraw shall be signed exactly the same as contained on the petition and, after the filing of such request for withdrawal, prior to the terminal date, the signature of any person seeking such withdrawal shall be deemed withdrawn. (5) Petitions containing the required number of signa- tures shall be accepted as prima facie valid until their invalidity has been proved. (6) A variation on petitions between the signatures on the petition and that on the voter's permanent registration caused by the substitution of initials instead of the first or middle names, or both, shall not invalidate the signature on the petition if the surname and handwriting are the same. (7) Signatures, including the original, of any person who has signed a petition two or more times shall be stricken. (8) Signatures followed by a date of signing which is more than six months prior to the date of filing of the petition shall be stricken. (9) When petitions are required to be signed by the owners of property, the following shall apply: (a) The signature of a record owner, as determined by the records of the county auditor, shall be sufficient without the signature of his or her spouse; (b) In the case of mortgaged property, the signature of the mortgagor shall be sufficient, without the signature of his or her spouse; (c) In the case of property purchased on contract, the signature of the contract purchaser, as shown by the records of the county auditor, shall be deemed sufficient, without the signature of his or her spouse; 5 (1992 Ed.) Title 35A RCW: Optional Municipal Code (d) Any officer of a corporation owning land within the area involved who is duly authorized to execute deeds or encumbrances on behalf of the corporation, may sign on behalf of such corporation, and shall attach to the petition a certified excerpt from the bylaws of such corporation showing such authority; (e) When property stands in the name of a deceased person or any person for whom a guardian has been appoint- ed, the signature of the executor, administrator, or guardian, as the case may be, shall be equivalent to the signature of the owner of the property. [1985 c 281 § 26; 1967 ex.s. c 119 § 35A.01.040.] Severability -1985 c 281: Sec RCW 35.10.905. 35A.01.050 The general law. For the purposes of this optional municipal code, "the general law" means any provision of state law, not inconsistent with this title, enacted before or after the enactment of this title, which is by its terms applicable or available to all cities or towns. Except when expressly provided to the contrary, whenever in this optional municipal code reference is made to "the general law ", or to specific provisions of the Revised Code of Washington, it shall mean "the general law, or such specific provisions of the Revised Code of Washington as now enacted or as the same may hereafter be amended ". [1967 ex.s. c 119 § 35A.01.050.1 35A.01.060 Optional municipal code—This title. References contained in this title to "Optional Municipal Code ", "this title ", "this code" or to any specific chapter, section, or provision thereof shall refer to the whole or appropriate part of Title 35A RCW, as now or hereafter amended. [1967 ex.s. c 119 § 35A.01.060.] 35A.01.070 Definitions — Change of plan or classifi- cation of municipal government. Where used in this title with reference to procedures established by this title in regard to a change of plan or classification of government, unless a different meaning is plainly required by the context: (1) "Classify" means a change from a city of the first, second, or third class, or a town, to a code city. (2) "Classification" means either that portion of the general law under which a city or a town operates under Title 35 RCW as a first, second, or third class city, or town, or otherwise as a code city. (3) "Organize" means to provide for officers after becoming a code city, under the same general plan of government under which the city operated prior to becoming a code city, pursuant to RCW 35A.02.055. (4) "Organization" means the general plan of govern- ment under which a city operates. (5) "Plan of government" means either the mayor - council, council - manager, or commission form of govern- ment in general, without regard to variations in the number of elective offices or whether officers are elective or appoint- ive. (6) "Reclassify" means changing from a code city to the classification, if any, held by such a city immediately prior to becoming a code city. (1992 Ed.) 35A.01.040 (7) "Reclassification" means changing from city or town operating under Title 35 RCW to a city operating under Title 35A RCW, or vice versa; a change in classification. (8) "Reorganize" means changing the plan of govern- ment under which a city or town operates to a different general plan of government, for which an election of new officers under RCW 35A.02.050 is required. A city or town shall not be deemed to have reorganized simply by increas- ing or decreasing the number of members of its legislative body. (9) "Reorganization" means a change in general plan of government where an election of all new officers is required in order to accomplish this change, but an increase or decrease in the number of members of its legislative body shall not be deemed to constitute a reorganization. [1979 ex.s. c 18 § 1.] Severability -1979 ex.s. c 18: "If any provision of this 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 18 § 36.] 35A.01.080 "Councilman" defined. As used in this title, the term "councilman" or "councilmen" means councilmember or councilmembers. [1981 c 213 § 2.] Chapter 35A.02 PROCEDURE FOR INCORPORATED MUNICIPALITY TO BECOME A NONCHARTER CODE CITY — SELECTION OF PLAN OF GOVERNMENT Sections 35A.02.001 35A.02,010 35A.02.020 35A.02.025 35A.02.030 35A.02.035 35A.02.040 35A.02.050 35A.02.055 35A.02.060 35A.02.070 35A.02.080 35A.02.090 35A.02.100 35A.02.110 35A.02.120 35A.02.130 35A.02.140 Actions subject to review by boundary review board. Adoption of noncharter code city classification autho- rized. Petition method — Direct. Referendum. Resolution method. Referendum. Certification of ordinance— Transcript of record to secretary of state. Election of new officers. Election of new officers — Exception where same gen- eral plan of government is retained. Petition for election. Resolution for election. Election of officers upon approval of plan of govern- ment by voters. Alternative plan of government. Notice of election. Canvass of returns — Certificates of election — Transcript of record to secretary of state. Effective date of reclassification and reorganization. Adoption of classification of noncharter code city without change of governmental plan. Petition or resolution pending—Restriction- Exception. Incorporation subject to approval by boundary review board: RCW 36.93.090. 35A.02.001 Actions subject to review by boundary review board. Actions taken under chapter 35A.02 RCW may be subject to potential review by a boundary review board under chapter 36.93 RCW. [1989 c 84 § 35.] [Title 35A RCW —page 3] City of Tukwila John W. Rants, Mayor Department of Community Development Rick Beeler, Director June 4, 1993 Rick Anderson SeaFirst Real Estate Investment Services] P.O. Box 34029 CSC -9 Seattle, WA 98124 -1029 RE: Ox Bow Annexation Update. Rick, Per my voice mail message, I am sending you: 1. the information packet the City Council has received in ' preparation for Monday's public hearing and 2. notice from the King Co. Boundary Review Board of their meeting on our annexation. It should be noted that no Tukwila staff are anticipated to attend the BRB meeting, since it is not expected by the Board (per their notice). No substantive action would be taken at the Board meeting unless Tukwila's annexation action is challenged by an outside agency. Upon receipt of such a challenge, the Board would set a public hearing where testimony would be taken. Please feel free to contact me at 431 -3684 if you have any questions. Sincerel Vernon Umetsu, Assoc. P`.nner file:andersn 6300 Southcenter Boulevard, Suite 11100 • Tukwila, Washington 98188 • (206) 431-3670 • Fax (206) 431-3665 4 June 1, 1993 Washington State Boundary Review Board For King County Central Building, Suite 608, 810 3rd Avenue, Seattle, WA 98104 -1693 (206) 296 -6800 TO: THE HONORABLE CITY COUNCIL CITY OF TUKWILA FROM: ALDA H. WILKINSON, Executive Secretary IN RE: SUMMARY FILE NO. 1809 - CITY OF TUKWILA - OX BOW ANNEXATION Enclosed is the staff report (Summary) on the above - referenced Notice of Intention. It is included in the agenda materials sent to the Boundary Review Board members for the meeting of June 10, 1993. You are not expected to send a representative to this meeting. Any questions or comments should be directed to me as the Board's Executive Secretary. AHW /cw Enclosure CC: Rick Beeler, Tukwila Department of Community Development C:Woc.Ubtm\12 SUMMARY FILE NO. 1809 Thomas Guide Map. No. 625 ENTITY City of Tukwila ACTION Annexation TITLE Ox Bow • Date Received: 5 -27 -93 Date Filed: Expiration 45 Days: Board Meeting: 6 -10 -93 Location Between SR 99 and loop of the Duwamish River opposite Boeing Access Road Land Area 172 acres Population 10 Assessed Valuation $40,740,000 Community Plan Area Highline Community Plan Designation Heavy Industry County Zoning Heavy Manufacturing (MH), Single Family Dwelling (RS) 7200 (Minimum lot size 7,200 square feet) City Comprehensive Plan Within Tukwila Urban Growth Area adopted under Growth Management City Zoning Heavy Industry (M -2) District Comprehensive Plan NA District Franchise NA Local Service Area (LSA) Within LSA on King County Sewerage General Plan SEPA Declaration Determination of Nonsignificance (DNS) 5 -26 -93 ENTITIES /AGENCIES NOTIFIED: King County Council Member(s) Nickels, Sims Clerk of Council, Department of Assessments, Fire Marshal, Health Division, King Subregional Council, State Department of Ecology (DOE), Puget Sound Council of Governments (PSCOG) Cities: SeaTac, Burien, Seattle Fire Districts: King County Fire Protection District No. 11 Water Districts: Sewer Districts: ValVue Sewer District School District: Highline No. 401 i�., v•.3 SUMMARY, FILE NO. 1809 (Continued) The City of Tukwila proposes the annexation of 172 acres located on the northwestern boundary of the City between State Route (SR) 99 and a loop of the Duwamish River. The current City corporate boundary line, which follows the Duwamish River, would be moved to the west to SR 99. The SR 99 /SR 599 interchange is located at the southern end of the site. The proposed annexation area is almost fully developed with industrial uses and is urban in character. The major user is the Boeing Company, which occupies 74 percent (58.7 of 79.8 acres) of the privately owned land within the annexation area. The Boeing industrial buildilngs are located in the southern portion of the area, connected by two private road bridges to associated Boeing aircraft manufacturing facilities already within the existing City of Tukwila across the Duwamish River to the east. Other industrial uses besides Boeing include a large container storage and transfer yard and a maritime salvage operation in the northern ha'f of the site. There are seven existing single family residences in tfie extreme..�uthern end of the site, of which four are occupied. Residential use is regarded as a temporary use within the area. The City of Tukwila proposes zoning equivalent to current King County heavy industrial /heavy manufacturing zoning designations. The City does not anticipate any significant change in the development pattern of the area following annexation. The site is almost fully developed, and additional development potential is limited. There are two vacant parcels which total 8.94 acres in area, and a trailer leasing operation on 6.35 acres has potential for redevelopment. The annexation was initiated by property owner petition for the purpose of obtaining City of Tukwila municipal services. Following annexation, Boeing would be able to deal with one jurisdiction for the Boeing complex spanning the Duwamish River and currently split between City of Tukwila and King County jurisdiction. Reduced development permit review time under City of Tukwila jurisdiction is one of the objectives of the annexation. The proposed annexation site is not covered by the existing City of Tukwila Comprehensive Plan. However, the area is within the City of Tukwila Urban Growth Area adopted as part of the City Growth Management planning process. An Environmental Impact Statement (EIS) for Boeing Duwamish Corridor Redevelopment, including the proposed annexation site, was recently completed in April 1993. According to City of Tukwila projections, revenues from the proposed annexation area would exceed the cost of providing municipal services to the site. The City of Tukwila would proviae police and fire protection service to the area immediately, replacing King County police service and fire protection service from King County Fire Protection District No. 11. The area currently receives water service from the City of Seattle and sewer service from ValVue Sewer District. Current water and sewer utility services would continue in the short term. In the long term, however, the City of Tukwila anticipates acquiring existing water and sewer lines and providing utility service directly to the area. 4 LA! ■ ^._•...... .. May 27, 1993 Ms. Alda Wilkinson, Executive Secretary King County Boundary Review Board 3600 136th Place S.E. Bellevue, WA 98006 RE: City of Tukwila Ox Bow Annexation. Dear Ms. Wilkinson, On behalf of the City of Tukwila, I am happy to submit the attached "Notice of Intention" to annex an area generally known as the Ox Bow. Please address all written communications to: Rick Beeler, Director Tukwila Department of Community Development Suite 100 6300 Southcenter Blvd. Tukwila, WA 98188. Questions may be directed to Vernon Umetsu (431 -3684) or Rick Beeler (431 - 3681). Thank you for your assistance in preparing this Notice. Sincerely, Attachments file:ox\brbmyr Phone: (206) 433 -1800 • City Hall Fax (206) 433 -1833 NOTICE OF INTENTION As required by RCW 36.93, a Notice of Intention is hereby given to the King County Boundary Review Board by the City of Tukwila, Washington, an Optional Code City. (City, Town or Special Service District Defined in RCW 36.93.020(1) &(2).) All communications should be sent to: Rick Beeler, Director Tukwila Department of Community Development Suite 100 6300 Southcenter Boulevard Tukwila, WA 98188 Questions may be directed to Vernon Umetsu (431 -3684) or Rick Beeler (431- 3681). 1. A brief statement regarding the general background of, and the reason for seeking, the proposed action. The Desimone Trust has requested that the City of Tukwila annex its properties which he within the Ox. Bow area, as shown on the map of to RCW 35A.14.120 (i.e., property owner petition). The City Council reviewed this request and authorized staff to go forward on May 3rd, 1993 in Resolution No 1255 ttach'B: . In this resolution, the Council: a. established an annexation area with logical service area boundaries, b. waived the assumption of bonded indebtedness and c. approved the applicant's request for establishing the zoning which would be adopted simultaneous with an annexing ordinance. 2. A copy of the resolution/ordinance accepting the proposal, including a copy of any resolution/ordinance adopted on an environmental impact assessment or statement. The resolution accepting the proposal is provided as r ##a: ''aB, King County Boundary Review Board Ox Bow Notice of Intention Page 2 3. A copy of the SEPA checklist with declaration attached. (Statements with yes or maybe answers have to have been briefly explained in said statement.) A SEPA checklist and the determination of non - significance is provided as 4. A description of the nature of the proposed action. Including the statutory provisions under which the action is being sought. See Item No. 1. 5. The legal description of the boundaries of the area involved in the proposed action. A legal description and map has been provided in ttaciz#. 6. A King County Assessor's Map or Maps on which the area involved in the proposal is clearly indicated, with its size in acres stated, and with the entity corporate limits in said vicinity also indicated, together with the location of the nearest service point(s) for the required services to said proposal shown thereon. Three sets of Assessor quarter section maps with annexation area and corporate limits have been provided per discussions with the Board's Executive Secretary (Wilkinson, 5/19/93) as Att:t« >. In general, the City of Seattle provides water to the area, the Val Vue Sewer District provides sewerage, and storm drainage is privately provided. Existing and proposed public services and facilities are discussed in 9.F. 7. An 8 1/2 x 14 inch vicinity map designating the area of the proposal and at least one mile surrounding it, together with all significant geographic features, including bodies of water, major streets and highways, and boundaries of all units of government in the area as they currently exist. A vicinity map is provided as Attu hinent F. 8. A map of entity corporate limits as they currently exists, upon which the proposal has been delineated. This information is shown int 'I 9. Boundary Review Board review of the factors stated in RCW 36.93.170 (a copy of which is attached hereto) as they affect the proposal requires data responses to the following questions from the proponent. King County Boundary Review Board Ox Bow Notice of Intention Page 3 A. Population, acreage, population density and per capita assessed valuation? Population is approximately 10 persons (4 residences at 2.54 persons per residence (Tukwila's 1990 occupancy rate)). There are 172 acres in the annexation area. Population density is 0.058 persons per acre. The area's assessed valuation is the sum of taxable lands ($39.722 million) and tax exempt lands ($1.018 million) for a total of $40.740 million. Per capita assessed valuation is $4.074 million. B. Existing and anticipated land uses? Private lands are almost fully developed as industrial uses or support facilities, except for a small area of approximately seven single family residences in the extreme south end of the Ox Bow (four of which are occupied). These areas are shown inittdirk n. Industrial uses in the annexation area include a large container storage /transfer yard and a maritime salvage operation in the northern half, and Boeing industrial buildings in the southern half. Across the Duwamish River to the immediate east, are associated Boeing aircraft manufacturing facilities. Boeing's east and west bank facilities are connected by two private road bridges. The annexation area is surrounded in the east and north by industrial uses, in the south by the SR -99 /SR -599 freeway interchange, and to the west by SR -99 (100 ft. and 4 lanes wide) and a steep hillside on which single family residences are sited. Tukwila proposes to provide heavy industrial zoning (M -2) which is equivalent to the existing County zone (MH). Between the limited development potential and similar zoning, no significant change to the existing pattern of development is anticipated. C. 1. Is the area within your comprehensive plan? When was your comprehensive plan approved? The area is not within Tukwila's existing Comprehensive Plan, which was adopted in 1982. However, the area is within Tukwila's adopted "Urban Growth Area" which was adopted as part of the City's Growth Management planning process and Countywide Plan Policies. King County Boundary Review Board Ox Bow Notice of Intention Page 4 2. Do you have a current franchise for this area? If not, do you anticipate requesting a franchise amendment to cover this area? If so, when? Tukwila has no franchises in this area. The City may file to assume a solid waste collection franchise after annexation with the Public Utilities Commission. 3. How does the proposal relate to the King County Comprehensive Plan, or any amendments thereto, for this area? King County has designated the entire annexation area as Heavy Industry in its Comprehensive Plan. Tukwila's proposed Heavy Industrial designation for the entire area is equivalent to the King County Heavy Industry designation. 4. Are there any additional county policies, regulations, or studies or guidelines which have been adopted subsequent to the County's Comprehensive Plan which directly affect this area? The only known significant new regulation which directly affects land use in this area is the designation of the Duwamish River as a critical (environmental) area. This generally establishes a 115 ft. wide "no build" river buffer, and compares with the equivalent 40 ft. wide buffer area normally applicable in the Tukwila and King County shoreline master plans. King County, Tukwila, and several other cities have adopted the "Green River Trail Master Plan." Tukwila is providing guidance for trail development in this area. 5. What is the present K.C. Zoning? All industrial areas are zoned MH (Heavy Manufacturing) with a small residential area (approx. 6 houses) zoned RS7200 (Single family) (see :tta ient ). This is equivalent to Tukwila's proposed M -2 (Heavy Industry) zone for the entire area (which permits single family uses). Tukwila also proposes to establish a height exception area which would allow 115 ft. building heights. 6. Is there a basin -wide sewer /water plan, or a County sewer /water plan affecting this area? The site is in the Duwamish River sub - basin. Water quality and sediment remediation plans are now being developed for this area. King County Boundary Review Board Ox Bow Notice of Intention Page 5 Water is provided by the City of Seattle while sewer service is provided by Val -Vue Sewer District. D. Please describe the topography, natural boundaries or drainage basin(s) of the area in question. The annexation area encompasses approximately 172 acres is flat, floodplain/way which was long ago filled. The annexation land area is generally flat, cleared of significant mature trees, except for several large trees in the southern residential area. Lands are bounded on the east perimeter by the steep - banked, Duwamish River. This land form is similar to the industrial areas across the Duwamish River on the east bank. Land areas are separated from other westerly areas by the 100 ft. wide, four lane SR -99 and steep undeveloped hillsides. The annexation proposal recognizes and uses the western right of way (R/W) boundary and steep hillside to form the western annexation perimeter. The Duwamish River represents a significant environmentally sensitive area. The annexation area is at the northern -most reach of navigable waterway on the Duwamish River. There is significant water and sediment contamination from existing and past outfalls, the bank requires stabilization along several segments, an Indian tribe is interested in re- establishing a salmon run in a now degraded stream/slough which may affect the urgency of sediment clean -up, and the riverside is desired as part of a regional trail system. Off -site drainage from westerly (up -hill) properties is intercepted by the SR -99 drainage system and outfalls to the Duwamish River. This area lies within the Duwamish River basin. Drainage within the annexation area is almost all privately owned, and flows to the Duwamish River. The small residential area has no drainage, with residents relying on surface flows to the river. Standing water in residential area depressions is a common occurrence. E. What significant growth have you projected for this area, (as well as the surrounding incorporated and unincorporated areas of King County), during the next ten (10) year period? What source /documents is the basis for this projection? King County is anticipated to increase its employment level from 966,186 in 1990 to a maximum of 1,308,182 in 2010 under a GMA 12 Urban Center King County Boundary Review Board Page 6 Ox Bow Notice of Intention scenario'. Households are anticipated to increase from 615,792 in 1990 to 858,300 in 20102. Growth in the Ox Bow annexation area is not anticipated to be significant as discussed below. The Boeing Company is the primary user of the annexation area which is located in the Duwamish industrial corridor. The "Boeing Duwamish Corridor Redevelopment E.I.S. " has just been completed (City of Tukwila, 4/93). Boeing use areas are shown in Mit e:t Boeing employment in this corridor peaked at 40,000 in the early 1960's, and is approximately 21,400 today. Additional employment to a stable 25,000 is projected. No significant increased employment due to Boeing is thus anticipated in the Ox Bow. Some additional development on other properties can be expected in the long -term. There are two vacant parcels with a total of 8.94 acres and a trailer leasing operation on 6.35 acres may be expected to be redeveloped to a higher intensity use. F. Describe briefly how, when, and from where you propose to provide service to this area. UTILITIES Utilities in the annexation area were analyzed by the Public Works Department. Utilities are generally now at an urban level. Public Works Department conclusions are summarized below. 1. Water is from the City of Seattle via a 20 inch transmission line and a 12 inch distribution line. No infrastructure upgrades are anticipated to serve the area. Any upgrading needed to support full build out would be paid for by the developer. City assistance may be provided in forming or supporting an area -wide improvement district. 2. Sewerage is from the Val -Vue Sewer District via a 6 inch force main serving all industrial properties. No infrastructure up- grades are anticipated to serve the area. Any upgrading would be treated similarly as water facilities. Residential properties are served by septic systems which do not satisfy King County Dept. of Health standards. Property owners had previously declined to participate in sewer improvements due their perception that residential uses were temporary. 1Puget Sound Regional Council, 9/92, "King County Household and Employment Estimates and Forecasts, 1990 - 2010." 2ibid . King County Boundary Review Board Ox Bow Notice of Intention Page 7 3. Storm drainage on public road area is provided by the State Department of Transportation. Drainage from private properties use privately owned lines on private property. The entire area is subject to the King County Surface Water Utility and its fees. The storm drainage system consists of open ditches and enclosed lines serve the annexation area except for residential properties to the south. All drainage flows to outfalls on the Duwamish River. Residential properties do not have formal drainage facilities, but depend on natural over land drainage to the river. Standing water in depressions after a rain is not uncommon. Improvements to the existing public drainage system are anticipated to cost $25,000 to $30,000 with annual costs of approximately $8,900. No private system costs are anticipated since upgrading to public standards would be required prior to acceptance. Upon annexation, King County Surface Water Utility fees would be replaced with City of Tukwila Storm and Surface Water Utility. City fees are generally 35% of what is now charged. Tukwila would incur a one -time annexation related cost of $6,300 to incorporate the area into the surface water utility. Approximately $37,000 in annual City utility revenues would be generated by the area. This is greater than the current estimated cost of drainage improvements and annual maintenance. Tukwila anticipates acquiring the water and sewer lines and become the direct provider in the long -term. The City will assume responsibility only for those road drainage facilities which are included in an interlocal agreement. A sediment clean-up program is being developed for the Duwamish River. The National Oceanographic and Atmospheric Administration is responsible for coordinating the program. The Ox Bow area is within the clean -up area. Ultimate responsibility among the jurisdictions for clean -up will be established in future inter - jurisdictional actions. ROADS The Washington State Dept. of Transportation currently owns West Marginal Place, the primary area roadway, while King County owns a small cul -de -sac (27th Place S.). WSDOT is now discussing deeding local roadways back to the County. Tukwila will be entering these discussions as part of the annexation review process. Upon annexation, the County would withdraw from negotiations. Ring County Boundary Review Board Ox Bow Notice of Intention Local road pavement (i.e. West Marginal Place S. and 27th Ave. S.) is in good condition. Sewers and storm drainage is provided. No significant upgrading is anticipated. Annual maintenance is estimated at $8,072. BANK STABILIZATION King County shares responsibility with various State agencies for regulating this. situation. Tukwila would become the local regulatory agency upon annexation. Approximately 500 to 1,000 linear feet of river bank is in need of repair. This could cost between $50,000 and $250,000. Primary responsibility for river . bank stabilization lies with the property owner. Page 8 POLICE Police service to the annexation area is now provided by the King County Sheriff's Dept. as part of a larger patrol district which is estimated to include the Skyway/Boulevard Park/Burien area. Standard practice is to assign one patrol car per district. Upon annexation, Tukwila would provide police protection. Tukwila police service to the general City is provided in five patrol districts, with five patrol cars, one roving car (as feasible) and a supervising Sergeant who provides additional back -up. These 6-7 officers serve an 8.5 sq. mile area. Emergency response time now averages 4 minutes, while non - emergency response time averages 15 minutes. Tukwila would provide police protection to the annexation area through its incorporation into the North Patrol district. No additional staff, equipment or facilities are anticipated. FIRE Fire service is now provided by Fire District No. 11 from its White Center Station at S. 128th St. and Des Moines Way South. Upon annexation, the Tukwila Department would assume this role. Primary response would be from either the Allentown Station (No.53) at 12026 42nd Avenue S. or the Foster Station (No. 54) at 4237 S. 144th Street. Fire response time would be 2.5 minutes from the Allentown Station and 5 minutes from the Foster Station. Emergency medical response would be 2.5 minutes from both stations. No additional staff or equipment is anticipated to serve this annexation. PARKS AND RECREATION There are no existing park facilities in the annexation area at this time. However, a regional trail and associated park, encompassing the all existing residential areas, is planned in the immediate future by King County. King County has agreed to build all trail sections in this area, in a letter of agreement, several years ago. The annexation will not affect this regional facility. `? . Ring County Boundary Review Board Page 9 Ox Bow Notice of Intention The Parks and Recreation Dept. estimates needing an additional $5,300 for trail maintenance per year for labor, materials and equipment. GENERAL GOVERNMENT General governmental services are now provided by King County from downtown Seattle which is 25 minutes away by car; with property development services located in the East Gate area which is 40 minutes away by car. Upon annexation, all general governmental services would be provided from Tukwila City Hall at 6200 Southcenter Blvd., approximately 10 minutes away. No additional staff or equipment is needed to support the annexation. Tukwila staff concludes that the quality of governmental services from the City is at least as high, if not higher, than that currently provided. Tukwila is able use its smaller service area and good tax base to: provide several times the number of police officer hours in the same area . as is now being provided, enhance the convenience to general government services, provided permit review times that are significantly shorter without sacrificing quality and make a small reduction in the property taxes paid. A summary of anticipated Tukwila costs and revenues is shown below: ,.,.�...`..»n.r.c.rv!. ✓xlr:.w,.M,7 "F +^,Y.e'iw.t' King County Boundary Review Board Page 10 Ox Bow Notice of Intention TUKWILA COSTS DUE TO OX BOW ANNEXATION (5/21/93) MAX. ONE TIME/ ANNUAL TOTAL ITEM CAPITAL COSTS COSTS COSTS GENERAL FUND COSTS AND REVENUES Utilities Water 0 0 0 Sewer 0 0 0 Roads 0 $8,100 $8,100 River Bank Stab. 0 0 0 Police Service 0 0 0 Fire Service 0 0 0 Parks and Rec. 0 $5,300 $5,300 General Gov't. 0 0 0 Total 0 $13,400 $13,400 Total Annual Revenues $113,0003 Net Annual Annexation Revenue $ 99,600 SURFACE WATER UTILITY COSTS AND REVENUES Total $7,2604 $8,900 $16,160 Total Annual Revenues $37,000 Net Annual Annexation Revenue $20,840 TOTAL NET ANNUAL ANNEXATION REVENUE $120,440 3$2.83 property tax per $1,000 assessed valuation X $39.8 million taxable property in the annexation area. 4$36,300 (= $30,000 Facil Imp. + $6,300 Start -up Costs) amortized over an assumed five year implementation period is $7,260. King County Boundary Review Board Ox Bow Notice of Intention Page 11 G. Cite the location and most desirable future location of all community facilities affecting this area. There are no significant Tukwila facilities located or planned to be located in this area. However, a regional trail system is planned to run through this area along the river bank, and a small associated park is planned in the south residential area by King County. The annexation will not affect either of these regional projects. H. Briefly give your response to the following: 1. Any present municipal services available to the area, and the estimated future need for such services. Tukwila does not now provide municipal services to this area. Area demand for additional governmental services is anticipated to focus on property development services as discussed in 9.B. No additional staff, equipment or facilities are anticipated to be required by the proposed annexation. Minor infrastructure upgrading is anticipated. 2. The effect of County ordinances, other governmental codes or regulations, on existing land use in the area, and/or provision of services to the area. Two great concerns by property owners are the affect of a 1991 sensitive areas ordinance (KCC 9614) which establishes a defacto 115 ft. wide "no- build" zone from the river, and the historically "long" time for permit review. These comments were made by property owners at a public information meeting or during informal discussions with business owners visits to the annexation area. 3. Indicate the present cost and adequacy of governmental services (including the County - provided services). How will this proposal measure against such costs? This annexation will not increase or decrease the cost of serving this or adjacent areas. The primary public services provided to the area, their estimated costs and Tukwila revenues have been described in 9.F. The cost of County services is primarily paid for in road taxes ($1.48) and a fire district levy ($1.50) for a total of $2.98 /$1,000 of property value. The cost of equivalent Tukwila services is $2.83/$1,000 of property value. Property owners could expect a negligible reduction in taxes of $0.15/$1,000. King County Boundary Review Board Page 12 Ox Bow Notice of Intention Tukwila's storm and surface water utility charges are approximately 65% lower than King County utility charges, as illustrated in a comparison of Tukwila's $30 annual fee with King County's $86 fee for a single family house. 4. Is there any other municipal entity capable of providing the subject service to the area? (This includes overlapping, adjacent or in close proximity to the subject area.) The City of Seattle lies over one -half mile to the north, the City of SeaTac is about one mile to the southwest, and the City of Burien lies about 2 -1/2 miles to the west (see ttar< ei is : J) ugh`. It is possible that the City of Seattle, by annexing an area about twice the size of this proposal, could reach southward to abut the northern site boundary and then be able to annex. 5. What is the probable future need for such services as the entity is proposing for this area? Urban level services such as provided by the City of Tukwila will be needed as the area develops, as discussed in 9.B., E. and F. 6. What is your estimate of the effect of this proposal, or any alternative thereto, on cost and adequacy of service to this and adjacent areas? This annexation will not increase or decrease the cost of serving this or adjacent areas. Tukwila roughly estimates the annualized capital and maintenance costs to be $29,560. An unknown cost item is any City liability for Duwamish River water and sediment clean-up as a result of annexation (see 9.F.). 7. What effect will this proposal will have on the finances, debt structure and contractual obligations and rights of any other affected governmental unit? King County's road fund will be reduced by approximately $58,788.71 annually based on the existing levy rate of $1.48/$1,000 of property value and $39,722,100 in taxable property. Fire District No. 11 revenues will be reduced by $59,583.15 annually based on the same rationale and a levy rate of $1.50 /$1,000. King County Surface Water Utility revenues will be reduced by approximately $106,0665. No other affects are anticipated. 5Based on Tukwila charges being 65% lower than King County (9.H.3) and using total Tukwila revenues of $37,000 (from 9.F.). King County Boundary Review Board Ox Bow Notice of Intention Page 13 I. Please review the effect this proposal will have on adjacent areas, on mutual economic and social interests, and in particular, on the local governmental structure of the County. The relative physical isolation of this area (see 9.B.) reduces secondary impacts on economic and social ties with adjacent areas to an absolute minimum. The only exception is the improved tie between east and west bank, Boeing facilities due to their being under one jurisdiction. Tukwila's annexation of this urbanized area within the adopted Urban Growth Boundary, is consistent with the Growth Management "Countywide Planning Policies." These policies have been adopted on a regional basis by the King County Council, the City of Tukwila and a majority of cities in the county. 10. A review of the effect of this proposal upon the objectives of the Boundary Review Board Act (RCW 36.93.180) shows this proposal will meet the following objectives for the reasons cited: .4 . The proposed annexation is consistent with the following "Objectives of the Boundary Review Board" (RCW 36.93.180). (1) Preservation of natural neighborhoods and communities; Boeing operations currently occur on 74% (58.7 acres) of the total 79.8 acres of private land in the Ox Bow area. This area is an integral part of Boeing operations which occur on the east bank of the Duwamish River. They have the same terrain (9.D.), similar development patterns (9.B.) and are physically linked by two private vehicular /pedestrian bridges. East bank Boeing employees also park on Ox Bow properties. The Ox Bow annexation will bring under one jurisdiction all Boeing activities m this stretch of the Duwamish River ft#14.** t >' The proposed annexation brings together a commercial neighborhood under a consistent set of development standards and service providers. (2) Use physical boundaries, including but not limited to bodies of water, highways and land contours; The proposed western boundary uses the western edge of the SR -99 right of way. Separation from properties further to the west is provided by a steep, undeveloped hillside which rapidly rises to the Boulevard Park neighborhood. All other annexation boundaries abut the existing Tukwila city limits Therefore this criteria is satisfied. • King County Boundary Review Board Page 14 Ox Bow Notice of Intention (3) Creation and preservation of logical service areas; Annexation of the Ox Bow into Tukwila, would put this area under the same standards and service providers as the nearly identical areas which lie just across the river on the east bank. Boeing would be able to deal with one set of providers for their complex and government would be able to achieve a higher degree of coordinated response to service needs and development proposals. Emergency response and road maintenance would also be simplified by the SR -99/SR -599 interchange under one jurisdiction. (4) Prevention of abnormally irregular boundaries; The proposed annexation will not result in irregular city boundaries. It will improve the rationality of the Tukwila's boundary in the SR -99 /SR -599 area by placing the entire interchange in the city, instead of having the boundary run through it. (8) Incorporation as cities or towns or annexation to cities or towns of unincorporated areas which are urban in character. The annexation of this urbanized industrial area to Tukwila satisfies this objective. 11. The required $50.00 filing fee. Notices, processes and other communications regarding this proposal should be directed to the undersigned at the Tukwila Department of Community Development; 6300 Southcenter Blvd.; Tukwila, WA; 98188, who will endure that appropriate copies are distributed to all initiator's interested parties. Resp ectfully submitted, At. /17 `7G s Cld x...,,, _Cry „John W! Ratits Mayo f - ck Beeler, Director Tukwila Dept. of Community Development .............v.��,.,,._,.,..... Ox Bow Annexation Notice of Intent to Annex List of Attachments Location Map B. City of Tukwila Resolution Accepting the Annexation C. SEPA Determination and Checklist D. Legal Description E. Assessor Quarter Section Maps (3 sets separately attached) F. Vicinity Map of City Limit Boundaries and Sewer Districts G. Vicinity Map of Water Districts H. Vicinity Map of Fire Protection Districts I. Vicinity Map of School Districts J. Vicinity Map of Drainage Basins K. Existing Land Use L. Existing King County Zoning IS9tgl N1. DRAFT OXB ANNEXATION AREA BOUNDARY oil ATTACHMENT B City of Tukwila Washington Resolution No. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, TO AUTHORIZE. PROCEEDING WITH THE DIRECT PETITION ANNEXATION OF CERTAIN PROPERTIES AND INITIALLY' ESTABLISHING ANNEX- ATION PROVISIONS. WHEREAS, the.owners of certain properties (as described in Exhibit A) have submitted notice of their intention to commence annexation proceedings to the City of Tukwila (Exhibit A), and WHEREAS, this notice has been submitted pursuant to RCW 35A.14.120 and is on file with the Tukwila City Clerk, and WHEREAS, the City Clerk has certified that said owners represent not less than 10% of the value of property in a potential annexation area (Exhibit B), and WHEREAS, the City Council is required to meet with the property owners giving notice, to initially. establish annexation provisions pursuant to RCW 35A.14.120, and WHEREAS, initial conditions are subject to later modification by the Council after detailed review, but must be finalized prior to circulation of an annexation petition to all property owners, and WHEREAS, City staff has reviewed their initial findings with the City Council; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: Section 1. Approval to Proceed. The City Council hereby approves staff proceeding with the Direct Petition annexation process pursuant to RCW 35A.14.120. Section 2. Initial Annexation Provisions Established. The City Council hereby establishes the following initial annexation provisions, subject to later review: A. The annexation area boundary shall be as described in Exhibit C, B. Assumption of bonded indebtedness shall not be required, and C. Simultaneous annexation zoning shall be established. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a regular meeting thereof this = day of ,1993. ATT EST /AUTHENTICATED: e E. Cantu, City Clerk VZ Filed with the City Clerk: 9. Passed by the City Council: cj-- 3 - J 3 Resolution Number /v%S 5) Steve awrence, Council President APPROVED AS TO FORM: Office of the City Attorney November 24, 1992 Honorable John W. Rants Mayor, City of Tukwila 6200 Southcenter Blvd. Tukwila, WA 98188• • Honorable Allan Ekberg City Council President City of Tukwila 6200 Southcenter Blvd. Tukwila,'WA 98188 Re: Potential Annexation Our.Asset No. 6503520 EXHIBIT A Dear Mayor Rants and Council President Ekberg: As has been previously discussed with representatives of the City of Tukwila, please accept this letter as notice.of our intent to begin annexation proceedings relating to what is commonly known as the Oxbow area. This area abuts the City of'Tukwila and is located generally to the west of East Marginal Way at approximately the Boeing access road, and to the east of West Marginal Place South. In conjunction with other property owners in this Oxbow Area, whom we understand will also be submitting requests similar to this one, we would like to.consider circulating a petition for annexation of this property by the City of Tukwila. Please set a hearing within 60 days after receipt of this notice so that we may determine the specifics of the annexation petition.. Very truly yours, SEAT FIRST -- 12 'N • BANK ,AS CO- Richard H. Anderson, C.P.M.,R.P.A. Vice President /Special Accounts Very truly yours, Mondo Desimone as o- Trustee Under the Last Will and Testament of Giusepee Desimone, Deceased CLJIl f )7iG- r'- C�LL� -c. Rosh D. Maselli as Co- Trustee Under the Last Will and Testament of Giusepee Desimone, Deceased November 24, 1992 Honorable John W. Rants Mayor, City of Tukwila 6200 Southcenter Blvd. Tukwila, WA 98188 Vd* 2 91993 • Honorable Allan Ekberg City Council President City of Tukwila 6200 Southcenter Blvd. Tukwila, WA 98188 . Re: Potential Annexation Our Asset No. 6500161 Dear Mayor Rants•and Council President Ekberg: As has been previously discussed with representatives of the City of Tukwila, please accept this letter as notice of our intent to begin annexation proceedings relating to what is commonly known as the Oxbow area. This area abuts the.City of Tukwila and is located generally to the west of:East Marginal Way at' • approximately the' Boeing access road, and to the east of West • Marginal Place South.• In conjunction with other property owners in this Oxbow Area, whom we understand will also be submitting requests similar to this one, we would like to consider circulating a petition for annexation of this property by•the City of Tukwila. Please set a hearing within 60 days after receipt of this notice so that we may determine the specifics of the annexation petition. Very truly yours, SEATT CO- IRST.— AT0 s, AL/:ANK , AS it • By President ichard H. Anderson,C.P.M.,R.P.A. Vice President /Special Accounts Very truly yours, Mondo Desimone as Co- Trustee* Under the Last Will and Testament of Giusepee Desimone, Deceased 7 1 :u— •! / 1 7 7ri 42 e� t J Rosh D. Maselli as Co- Trustee Under the Last Will and Testament of Giusepee Desimone, Deceased 01-9 Katherine M. Desimone, Individually m�Y� cr Katherine M. Desimone as Trustee Under the Last Will and Testament of Richard L. Desimone, Deceased. MAR 2 91993 N,' .i 17; November 24, 1992 Honorable John W. Rants Mayor, City of Tukwila 6200 Southcenter Blvd. Tukwila,' WA 98188 Honorable Allan Ekberg City Council President City of Tukwila . '6200 Southcenter Blvd. . Tukwila, WA 98188 Re: Potential Annexation Our Asset No. 65000153 2 4199' i, t l:gtyLly:'.. Dear Mayor Rants and'Council President Ekberg: As has been previously discussed with representatives of the City of Tukwila, please accept this letter as notice of our intent to begin annexation proceedings relating to what is commonly known as the Oxbow area. This area abuts the City of Tukwila and is located generally to the west of East Marginal Way at approximately' the Boeing access road, and to the east of West Marginal Place South. In conjunction with other property owners in this Oxbow Area,' whom we understand will also b.e submitting requests similar to this one, we would like to consider circulating a petition for annexation of this property by the City of Tukwila. Please set a hearing within, 60 days after receipt of this notice so that we may determine the specifics of the annexation petition. Very truly yours, • Very truly yours, SEA FIRS .f% ONA, BANK ,AS CO R =TEE ' roc- , 1j. Richard F. Anderson, C.P.M.,R.P.A. Vice President /Special Accounts Mo}ido Desimone as Co- Trustee Under the Last Will and Testament of Giusepee Desimone, Deceased 7 /! Rose D. Maselli as Co-Trustee Under the Last Will and Testament of Giusepee Desimone, Deceased /rm- �?= w,..,. -G� /Hondo Desimone as—Co-Trustee Under the Last Will and Testament of Assunta Desimone, Deceased . -z /0. )21'a a 9 -C' .J Rose D. Maselli as Co- Trustee Under the Last Will and Testament of Assunta Desimone, Deceased J. 0.%1E hs.1; LWEV/ MI-TALL. r. M1 E EXHIBIT B 1%7; `,■.‘ \.60\ • (e s oo aao /6 I RICHARD DESIMONE TRACT (C 8.10 Acres • (FOR LEASE) • 1, r (es • . • rr EXHIbi CERTIFICATION The undersigned, for and on behalf of the City of Tukwila, certifies that owners of certain properties have given notice of their intention to commence annexation proceedings to the City of Tukwila. These owners represent not less than 10% of the assessed value of property in the proposed annexation area generally known as the Oxbow Area, lying between West Marginal Way and the Duwamish Waterway (legal description attached). 0 E. Cantu, City Clerk Date April 21, 1993 REV. EXHIBIT D LEGAL DESCRIPTION for OXBOW AREA BETWEEN WEST MARGINAL WAY AND THE DUWAMISH WATERWAY BEGINNING at the intersection of the south line of the John Buckley Donation Land Claim number 45 and the westerly right -of -way line for Primary State Highway No.1 (S.R.99) as shown under Deeds, volume 4099, page 666, Records of King County, Washington, in the northwest quarter of Section 4, Township 23 North, Range 4 East, W.M.; Thence northerly along said westerly margin to the north line of tract 55 in Moore's Five Acre Tracts as recorded under volume 9, page 28 under Plats, records of King County, Washington; Thence easterly along said north line of tract 55 and continuing along the easterly extension thereof to the thread of the Duwamish Waterway and the existing Tukwila City Limit Line (Tukwila Ordinance 1503 and 1515); Thence southerly along the thread of the said Duwamish Waterway and River also being the existing Tukwila City Limit Line to the west margin of Pacific Highway South (State Rd. No. 1); Thence southerly along said west margin and existing Tukwila City Limit Line to the south margin of South 116th Way (South 116th Place); Thence westerly along said south margin to the west margin of West Marginal Way; Thence northerly along said west margin to the north margin of South 116th Way (South 116th Place);. Thence'northwesterly along said north margin to the westerly new right -of -way line and Limited Access line for Primary State Highway No. 1 (S.R.99); Thence northerly along said westerly right -of -way line to the POINT OF BEGINNING. t-It.URE 1 O^ooW Annexation Location Map NO SCALE. DRAFT OXBQT A ANNEXATION A BOUNDARY • <-._ BURIEN Approx. 2.2 miles P ANKLEXATION EpOUNDAR i I. II I I III ,; •TIT I .! iII .I. • DUWAMIsj f N:GNI � ' . P.UBLIC 'RIGHT OF WAY ZERO VALUE FOR • . . GENERAL-. TAXATION .. ' J APPROX. SCALE 1" =8001 . Eiji: 1'i_�1Y'�i2'm�:"�:F'ii:��.'+iar "CI1.LM.44 Vn'c4v.n�u•aaw t,if(MCLT S F A-ss as°� Sc7ie»<J mos v�5tU11YiM,Y�lNMw• IAN 'IL 1111111 Ultallihm9111;.—.101.21 3-- minge 11 nntlin JI11111111111 aciLIKIIIIIIIL ' C•11111111:411111 11 InN/ J sui ummnt wj t rsoow r litungtn"/ u M mEllirtion P 1 na lam iskidirve . I rgatiziikawicenreet g miltinintlarrii4 tattiMISMIS -084 A rr. Ca° El _Tukwila Sewer Rainier Vista Sewer Renton Sewer El ValVue Sewer E Normandy Park Sewer Skyway Sewer Des Moines Sewer Kent Sewer D Bryn Mawr Sewer El Southwest Suburban Sewer 1111111 I 1 1111111 1111111 111 111111 1111 I�1111{ I 1L�1 I it 11111111 indurasei MUM ; PIC 1111lI1RUMP • 11 HIWUMB ►11rmani1.:, 'Inn�� 1I'hh' e1as ' .1 Ite lip► .41 1�p1►!!i i rviTiiit. 1 M�ti ' I ■I 11! IIIMI 1� icepornwzr) 1 r RMI,Wt B. . 113=1ie111‘11 pal bigi 11111P11=riq kin ,�m18i11I!'� m 11111 ,imials=mmimp a IIt kttildommummursiway Puget Sound ivrow rainage Basins 111111 10 1111111 111011 01 111111 11 MMII 'e 11 2 1ilfi ILL ilk � ni II�1��11 � �p1;'s .0 muumuu „IT 1111 1[111111311 1 Ito, 0 PHI 1�11S■ I1- 0� NIT �IlE� 11141i!1 i 1 MINIM iergt, �I1I!WIVICII � inravvnn ,! ELI` rivison millimi MEIZIAllhd ' P01ePs1111h! L A lirrirjoin CO �� ii � ���1 \�C� BURIEN 1• 111111 `IIACII� �� ' �� ti RENTO Puget Sound F tes� � .0 ■ FIRE STATION LOCATIONS Fire Protection Districts I 1 Koine. Nach IMF Puget Sound • `,. OUNTY))' Water Districts A TT, 1111111 Ti 111 IIIIIII `'c =Z_ 1111111 1111 111111 , N� illdl==11111i11� "r4 II I11 �� . ' RIIV1 N.11111111M fg= 11111\o` i lEWMILIIIIIIGIU► a __ _ 1�� C 111 I!•I:�IIII!M 1 ` R Y � >� a i�' � ! A i ti rf I -�11 4ft ? 111/891, ` 1 i *via cenglireLV SOUTH CENTRAL! SCHOOL DISTRICT RENTON 'SCHOOL DISTRICT art } •j, Southc,n ,, Puget Sound Legend RMAI4D SPA' School District Boundaries • EJem/Middle Schools o High Schools Other District Facilities / K °"" KENT SCHOOL DISTRICT School District I 3 -2 w' • \ I F-I\. U)�iJT C'S z a) P �. m x ii w z w W J 2 IL an 0 ra . C O O) 0. N co 0 U N N a) N 0 0 co • N a) U U co a) 0) C N N O O C U N 'O a) R O CC c0 c 0 Q) C N T .N C � c x 'o w a O 0 O 0 O a) N a) N d 0. a) 0 a) U C E2 (0 0) y (d yU c 0 N C— C` M] > y U i 01 U0`7 �Z,fa 0NOc O W 5 ja55 o m Q, d X O CS N QMW/Z2OQ 2wa.wcn►- N 1— 0 z ATTACHMENT C CITY OF TUKWILA DETERMINATION OF NONSIGNIFICANCE (DNS) DESCRIPTION OF PROPOSAL: DIRECT PETITION ANNEXATION OF 172 ACRES TO THE CITY OF TUKWILA INCLUDING ESTABLISHING THE COMPREHENSIVE PLAN AND,. ZUNING'WHICH WOULD BE EFFECTIVE UPON ANNEXATION::---- " LOCATION OF PROPOSAL• -'IS GENERALLY EAST OF'SR -99•TO THE DUWAMISH RIVER BETWEEN THE 11TH STREET RIGHT OF -WAY LINE IN'•.THE SOUTH,' & THE 102ND RIGHT -OF- WAY LINE IW.THE NORTH. PROPONENT: CITY OF TUI WILA, &' DESIMONE TRUST' LOCATION OF' :PR- INCLUDING - - - - - -- ADDRESS, -- ADDRESS:: ,.' PARCEL;":NO • ' . _ • SEC!TWNIRNG: bx Bow Annexation Area in -Sec.4, Twn.23, Rge.4N. F: , , ,? �. , . LEAD AGENCY: CIT;'Y OF.:'TUKWILA;; : ; , - . ;FILE NO L93 -0035 :1,f — _ The City,.:., has., determinecr that - the : proposal .does-not have a: probaL- l e: significant adverse impact.on -the,, environment':. An environmenta.i impact 'state'ment .(EIS); -i-s .not :required.. under RCW 43.21c.030(2) (c) This decision'was .made'after review. of -a. completed environmental ' checklist.. and- other information on file with the. lead agency. This information -.IS available to the publ ic' on- request. • *k•k *•k* * ****k * ***• Mfr*******• k• k************ k• k• k' k*• k'**- k* **:k**k * *•kk***k•k****•kk•k*k•, ** This DNS i s., i slued. under 197-11-340(2). comments must be submitted by �; -.- . . The lead agency will not act on thi � proposa l' 11 r 5 days from the date below. Rig.`, Br er, Responsible Official City of Tukwila, (206) 431 -3630 6300 Southcenter Boulevard Tukwila, WA 98133 Date You may appeal this determination to the City Clerk at City Hall, 6200 Southcenter Boulevard, Tukwila, WA 93138 no later than 10 days from the above signature date by written appeal stating the basis of the appeal for specific factual objections. You may be required to bear some of the expenses for an appeal. Cops of the procedures for 'SEPA appeals are available with the City Clerk and Department of Community Development. Epic File No. L93 -0035 Fee: Waived ENVIRONMENTAL CHECKLIST A. BACKGROUND 1. Name of proposed project, if applicable: Ox Bow •Annexation (L93 -0021) and pre - annexation comprehensive plan and zoning (L93- 0034). 2. Name of applicant: The City of Tukwila and Richard Anderson for the Desimone Trust. 3. Address and phone number of applicant and contact person: City of Tukwila Department of Community Development 6300 Southcenter Blvd., Suite 100 Tukwila,'WA 98188 Attn. Vernon Umetsu 206 - 431 -3684 Seafirst Real Estate' Investment Services P.O. Box 30429 CSC -9 Seattle, WA 98124 -1029 Attn. Richard Anderson 206 - 358 -3409 4. Date checklist prepared: 5/19/93 5. Agency requesting checklist: City of Tukwila. 6. Proposed timing or schedule (including phasing, if applicable): Planning Commission zoning recommendation on 5/24, City Council annexation hearings on 6/7/93 and 7/12/93. Annexation would be complete in September, 1993. 7. Do you have any plans for future additions, expansion, or further activity related to or connected with this proposal? If yes, explain. None at this time. The City of Tukwila may initiate additional annexations in the context of regional agreements which are part of Growth Management Planning. 8. List any environmental information you know about that has been prepared, or will be prepared, directly related to this proposal. None. -. SEPA Environmental Checklist Per TMC 21.04 and WAC 197 -11 Page 2' Ox Bow Annexation, Comprehensive Plan and Zoning. 9. Do you know whether applications are pending for governmental approvals of other proposals directly affecting the property covered by your proposal? If yes, explain. None known. 10. List any government approvals or permits that will be needed for your proposal. Approval by the King County Boundary Review Board and the Tukwila City Council. 11. Give brief, complete description of your proposal, including the proposed uses and the size of the project and site. There are several questions later in this checklist that ask you to describe certain aspects of your proposal. You do not need to repeat those answers on this page. Section E requires a complete description of the objectives and alternates of your proposal and should not be summarized here. The Desimone Trust has requested that the City of Tukwila annex its properties which lie within the Ox Bow area, as shown on the map of Attachment A, pursuant to RCW 35A.14.120 (i.e., property owner petition). The annexation area includes approximately 172 acres. No construction is directly related to this annexation proposal. The City Council reviewed the annexation request and authorized staff to go forward on May 3rd, 1993 in Resolution No. 1255. In this resolution, the Council expanded the boundaries of the annexation area to its present location in order to establish logical service areas and approved the applicant's request for establishing the zoning which would be adopted simultaneous with an annexing ordinance. State statute specifies that Tukwila's Planning Commission must recommend the area's zoning to the Council. After the Planning Commission makes a comprehensive plan and zoning recommendation, the City Council will hold two public hearings which are thirty days apart. The scope of the City Council's public hearings will include zoning, comprehensive plan, and all other annexation issues (e.g., service provision, costs, revenues, and the annexation preferences of residents, businesses, and owners). 12. Location of the proposal. Give sufficient information for a person to understand the precise location of your proposed project, including a street address, if any, and section, township, and range, if known. If a proposal would occur over a range of area, provide the range or boundaries of the site(s). Provide a legal description, site plan, vicinity map, and topographic map, if reasonably SEPA Environmental Checklist Per TMC 21.04 and"11A.0 197 -11 Page 3 Ox Bow Annexation, Comprehensive Plan and Zoning. available. while you should submit any plans required by the agency, you are not required to duplicate maps or detailed plans submitted with any permit applications related to this checklist. The annexation area is commonly referred to as the "Ox Bow," located in Section 4, Township 23, Range 4N; Seattle, Washington. The area is specifically described in Attachment A. 13. Does the proposal lie within an area designated on the City's Comprehensive Land Use Policy Plan Map as environmentally sensitive? No. Tukwila's existing comprehensive plan does not extend to this area so there is no applicable designation. The only environmental feature is the Duwamish River (see ENVIRONMENTAL ELEMENTS). The proposed regulations upon annexation would incorporate King County's Shoreline Management Plan. B. ENVIRONMENTAL ELEMENTS 1. Earth a. General .description of the site (circle one).: Flat, rolling, hillyr steep slopes, mountainous, other. Environmental review was based on land and river areas. The annexation land area is generally flat, cleared of significant mature trees, except for several large trees in the southern residential area and bounded along its eastern perimeter by the steep- banked, Duwamish River. This is similar to the eastern industrial areas across the Duwamish River. Land areas are separated from other westerly areas by the four lane SR -99 and steep undeveloped hillsides. Access to SR -99 is prohibited except for a north -bound on /off -ramp in this area. The Duwamish River represents a significant environmentally sensitive area. The annexation area is at the northern- most reach of navigable waterway on the Duwamish River. There is significant water and sediment contamination from existing and past waste out - falls, the bank requires stabilization along several segments, an Indian tribe is interested in re- establishing a salmon run in a now degraded stream /slough which may affect the urgency of sediment clean -up, and the riverside is desired as part of a regional trail system. b. What is the steepest slope on the site (approximate percent SEPA Environmental Checklist Per TMC 21.04 and WAC 197 -11 Page 4 Ox Bow Annexation, Comprehensive Plan and Zoning. slope)? River bank areas approach a 1:1 slope vertical in some sections. c. What general types of soils are found on the site (for example, clay, sand, gravel, peat, muck)? If you know the classification of agricultural soils, specify them and note any prime farmland. The flat terrain is composed of fill which is a sand /clay mixture. d. Are there surface indications or history of unstable soils in the immediate vicinity? If so, describe. No, except that river banks need stabilization (see B.1.a.) e. Describe the purpose, type, and approximate quantities of any filling or grading proposed. Indicate source of fill. N /A. f. Could erosion occur as a result of clearing, construction, or use? If so, generally describe. No clearing or construction is proposed. About what percent of the site will be covered with impervious surfaces after project construction (for example, asphalt or buildings)? g.. N /A. h. Proposed measures to reduce or control erosion, or other impacts to the earth, if any: N /A. 2. Air a. What types of emissions to the air would result from the proposal (i.e., dust, automobile odors, industrial wood smoke) during construction and when the project is completed? If any, generally-describe and give approximate quantities if known. N /A. b. Are there any off -site sources of emissions or odor that may affect your proposal? If so, generally describe. No. • 'f! SEPA Environmental Checklist Per TMC 21.04 and WAC 197 -11 Page 5 Ox Bow Annexation, Comprehensive Plan and Zoning. c. Proposed measures to reduce or control emissions or other impacts to air, if any: N /A. 3. Water a. Surface: 1) Is there any surface water body on or in the immediate vicinity of the site (including your - round and seasonal streams, saltwater, lakes, ponds, wetlands)? If yes, describe type and provide names. If appropriate, state what stream or river it flows into. Only the Duwamish River. See B.1.a. 2) Will the project require any work over, in, on, or adjacent to (within 200 feet) of the described waters? If yes, please describe and attach available plans. 3 No. Estimate the amount of fill and dredge material that would be placed in or removed from surface water or wetlands and indicate the area of the site that would be affected. Indicate the source of fill material. None. 4) Will the proposal require surface water withdrawals or diversions? Give general description, purpose, and approximate quantities, if known. No. 5) Does the proposal lie within a 100 -year floodplain? If so, note location on the site plan. No. 6) Does the proposal involve any discharges of waste materials to surface waters? If so, describe the type of waste and anticipated volume of discharge. No. b. Ground: 1) Will ground water be withdrawn, or will water be discharged to ground water? Give general SEPA Environmental Checklist Per TMC 21.04 and WAC 197 -11 Page 6 Ox Bow Annexation, Comprehensive Plan and Zoning. 2 description, purpose, and approximate quantities, if known.. No. Describe waste materials that will be discharged into the ground from septic tanks or other sources, if any (for example:. Domestic sewage; industrial, containing the following chemicals...; agricultural; etc.) Describe the general size of the system, the number of such systems, . the number of houses to be served (if applicable), or the number of animals or humans the system(s) are expected to serve. None. c. Water Runoff (including storm water): 1) Describe the source of runoff (including storm water) and method of collection and disposal,if any (include quantities, if known). Where will this water flow? Will this water flow into other waters? If so, describe. See B.16.a. (Utilities). 2) Could waste materials enter ground or surface waters? If so, generally describe. The will be no impacts as a result of the annexation. d. Proposed measures to reduce or control surface, ground, and runoff water impacts, if any: N /A. 4. Plants a. Check or circle types of vegetation found on the site: x deciduous tree: alder, maple, aspen, other x evergreen tree: fir, cedar, pine, other x shrubs x grasses: The site is heavily altered with extensive fill and grading. The following are found in the area: - grasses, wet soil plants: cattail, buttercup, bulrush, skunk cabbage, other - water plants: water lily, eel grass, milfoil, other - other types of vegetation b. What kind and amount of vegetation will be removed or altered? None. c. List threatened or endangered species known to be on or near the site. ,SEPA Environmental Ox Bow Annexation, 5. None known. \necklist Per TMC 21.04 andk''wAC 197 -11 Page 7 Comprehensive Plan and Zoning. d. Proposed landscaping, use of native plants, or other preserve or enhance vegetation on the site, if any: None. Animals measures to a. Circle any birds of animals which have been observed on or near the site or are known to be on or near the site: birds: hawk, heron, songbirds, migratory water fowl, other mammals: deer, bear, .small rodents elk, beaver, weasel, fish /shellfish: bass, salmon, trout, mussels, clams, aquatic organisms b. . List any threatened or endangered species known to be on or near the site. None known. c. Is the site part of a migration route? If so, explain. The Duwamish River is a spawning route for salmon. d. Proposed measures to preserve or enhance wildlife, if any: None. 6. Energy and Natural Resources raccoon, other a. What kinds of energy (electric, natural stove, solar) will be used to meet project's energy needs? Describe whether for heating, manufacturing, etc. N /A. gas, oil, wood the completed it will be used b. Would your project affect the potential use of solar energy by adjacent properties? If so, generally describe. No. c. What kinds of energy conservation features are included in the plans of this proposal? List other proposed measures to reduce or control energy impacts, if any: N /A. • SEPA Environmental Checklist Per TMC 21.04 and WAC 197 -11 Page 8 Ox Bow Annexation, Comprehensive Plan and Zoning. 7. Environmental Health Are there any environmental health hazards, including exposure to toxic chemicals, risk of fire and explosion, spill, or hazardous waste, that could occur as a result of this proposal? If so, describe. None. 1) Describe special emergency services that might be required. None. 2) Proposed measures to reduce or control environmental health hazards, if any: None. b. Noise 1) What types of noise exist in the area which may affect your project (for example: traffic, equipment, operation, other)? Existing traffic on SR -599 generates some noise. 2) What types and levels of noise would be created by or associated with the project on a short -term or long -term basis (for example: traffic, construction, operation, other)? Indicate what hours noise would come from the site. None. 3) Proposed measures to reduce or control noise impacts, if any: None. 8. Land and Shoreline Use a. What is the current use of the site and adjacent properties? Private lands in the annexation area are almost fully developed as industrial uses or support facilities, except for a small area of approximately six single family residences in the extreme south end of the Ox Bow. These areas are shown in Attachment B. vira Industrial uses in the annexation area include a large container storage /transfer yard and a maritime salvage operation in the northern half, and Boeing industrial buildings in the southern half. Across the Duwamish River to the immediate east, are associated Boeing aircraft manufacturing facilities. East and west bank facilities are connected by two private road bridges. SEPA Environmental Checklist Per TMC 21.04 and" WAC 197 -11 Page 9 Ox Bow Annexation, Comprehensive Plan and Zoning. The area is surrounded in the east, and north by industrial uses, in the south by the SR -99 /SR -599 freeway interchange, and to the west by a steep hillside on which single family residences are sited. b. Has the site been used for agriculture? If so, describe. No. • c. Describe any structures on the site. The annexation area has three large industrial buildings, 6 to 9 single family houses in marginal condition, and several small (less than 1,000 s.f.) wood frame office buildings. See B.8.a. d. Will any structures be demolished? If so, what? No. e. What is the current zoning classification of the site? King County has designated the entire annexation area as Heavy Industrial in its Comprehensive Plan. The County has zoned all these areas MH (Heavy Manufacturing) except for a small southern residential area which has been zoned RS7200. Area zoning is shown in Attachment C. f. What is the current comprehensive plan designation of the site? Heavy Industrial. g. If applicable, what is the current shoreline master program designation of the site? Urban. h. Has any part of the site been classified as an "environmentally sensitive" area? If so, specify. King County has designated the Duwamish River as an . environmentally sensitive area. i. Approximately how many people would reside or work in the completed project? There would be no change in the existing residential or worker population as a direct result of this annexation, comprehensive planning, or zoning. The proposed Tukwila comprehensive plan designation of Heavy Industrial and zoning designation of M -2 (Heavy Industry) is equivalent to the existing County comprehensive plan and zoning designations. Tukwila also proposes a height exception area to allow 115 ft. buildings, but no additional impacts from this additional development potential is anticipated. 3. ,1 SEPA Environmental Checklist Per TMC 21.04 and WAC 197 -11 Page 10 Ox Bow Annexation, Comprehensive Plan and Zoning. j. Approximately how many people would the completed project displace? None. This is a non - project proposal. k. Proposed measures to avoid or.reduce displacement impacts, if any: None. 1. Proposed measures to ensure the proposal is compatible with existing and projected land uses and plans, if any: The following FINDINGS have been made to establish the appropriateness of Tukwila's proposed comprehensive plan and zoning designations. COMPREHENSIVE PLAN FINDINGS 1. A review of land uses in the annexation area and associated surrounding sites demonstrate the industrial character of the overall area (see B.1.a). 2. Tukwila's "Comprehensive Land Use Plan Map" descriptive policies discuss two type of industrial areas: "Light industrial: Industrial areas characterized by distributive and light manufacturing uses, commercial and office uses." "Heavy industrial: Industrial areas characterized by heavy or bulk manufacturing uses, distributive and light manufacturing uses, commercial and office uses." 3. Existing land uses in the annexation area and in associated areas to the immediate east, are characterized has having a heavy industrial character (see B.8.a.) based on the above policies. 4. A Heavy Industrial designation in Tukwila's Comprehensive Plan for the entire area would mirror both: a. the area's existing Heavy Industrial designation in the King County Comprehensive Plan and .b. the Heavy Industrial designation of associated areas to the immediate east in the Tukwila Comprehensive Plan. 6. The approximately six single family residences to the south do not seem to be a viable long -term use due to the location between a busy freeway, anticipated heavy industrial activities in the north, and the heavy industrial uses across the river. The 2 -3 remaining residential structures have been bought and boarded -up by Metro. SEP Environmental A `Checklist Per TMC 21.04 and'WAC 197 -11 Page 11 Ox Bow Annexation, *Comprehensive Plan and Zoning. 7. A heavy industrial designation for this area would mirror all other Tukwila and King County areas to the north, which lie to the east of SR -99. ZONING FINDINGS 8. Areas designated as. Heavy Industrial on the Comprehensive Plan may be given a Tukwila zone of M -2 or M -2L. The purpose of each district and a summary of legislative discussion is shown below. M -2 "18.42.010 Purpose The purpose of this district is to provide an appropriate area for a broad range of uses, some of which may be characterized as having significant environmental impacts in terms of air and water pollution, noise, vibration, glare and odor." 9. The development patterns in the Ox Bow area (see B.8.a.) indicate the appropriateness of an M -2 zone. 10. The single family use area could be zoned M -2 in order to reflect the Comprehensive Plan designation. Single family residences would continue to be permitted uses in the M -2 zone. 11. Ox Bow industrial areas are bordered on the north, south, and east by Building Height Exception Area, pursuant to TMC 18.50.030 which permits outright, structures up to and including 115 ft. in height (Attachment D). Extending the same Building Height Exception Area across the river to the annexation area would recognize the similar nature of existing land use (B.8.a.) and the environment (B.1.a.). 9. Housing a. Approximately how many units would be provided, if any? Indicate whether high, middle, or low - income housing? None. b. Approximately how many units, if any, would be eliminated? Indicate whether high, middle, or low- income housing. None. c. Proposed measures to reduce or control housing impacts, if any: None. 1 SEPA Environmental Checklist Per TMC 21.04 and WAC 197 -11 Page 12 Ox Bow Annexation, Comprehensive Plan and Zoning. 10. Aesthetics a. What is the tallest height of any proposed structure(s), not including antennas; what is the principal exterior building material(s) proposed? No structures are proposed. b. What views in the immediate vicinity would be altered or obstructed? None. c. Proposed measures to reduce or control aesthetic impacts, if any: None. 11. Light and Glare a. What type of light or glare will the proposal produce? What time of day would it mainly occur? None. b. Could light or .glare from the finished project be a safety hazard or interfere with views? N /A. c. What existing off -site sources of light or glare may affect your proposal? None. d. Proposed measures to reduce or control light and glare impacts, if any: None. 12. Recreation a. What designed and informal recreational opportunities are in the immediate vicinity? The Duwamish River is a significant visual and micro - climatic resource, there is a regional bicycle /pedestrian trail route planned along the river bank and a recreational river crossing is planned in the general area. b. Would the proposed project displace any existing recreational uses? If so, describe. No. SEPA Environmental'Checklist Per TMC 21.04 anci'lQAC 197 -11 Page 13 Ox Bow Annexation, Comprehensive Plan and Zoning. c. Proposed measures to reduce or control impacts on recreation, including recreation opportunities to be provided by the project or applicant, if any: None. a. Are there any places or objects listed on, or proposed for, national, state, or local preservation registers known to be on or next to the site? If so, generally describe. None known. b. Generally describe any landmarks or evidence of historic, archaeological, scientific, or cultural importance known to be on or next to the site. None known. c. Proposed measures to reduce or control impacts, if any: Not applicable. 14. Transportation a. Identify public streets and highways serving the site, and describe proposed access to the existing street system. Show on site plans, if any. Public vehicular access to the area is limited to West Marginal Place So.; a two lane road with a 20 to 50 ft. right -of way. This road is accessed from S. 116th St. and East Marginal Way. Two privately owned bridges join Boeing industrial operations on both sides of the Duwamish River. These bridges are not open to the public, although there do not seem to be any barriers to public vehicle access on one. No direct impacts to area access is anticipated due to annexation. b. Is the site currently served by public transit? If not, what is the approximate distance to the nearest transit stop? No. Approximately 1/2 mile across a private bridge over the Duwamish River. The nearest transit stop is otherwise 1 -1/2 mile away via West Marginal Way S. to 116th Street South. c. How many parking spaces would the completed project have? How many would the project eliminate? N /A. d. Will the proposal require any new roads or streets, or improvements to existing, roads or streets, not including driveways? If so, generally describe (indicate whether public or SEPA Environmental Checklist Per TMC 21.04 and WAC 197 -11 Page 14 Ox Bow Annexation, Comprehensive Plan and Zoning. private). No. e. Will the project use (or occur in the immediate vicinity of) water, rail, or air transportation? If so, generally describe. No. f. How many vehicular trips per day would be generated. by the completed project? If known, indicate when peak volumes would occur. g• No changes in vehicular trips directly attributable to this proposal are anticipated. Proposed measures to reduce or control transportation impacts, if any: None. 15. Public Services a. Would the project result in an increased need for public services (for example: fire protection, police protection, health care, schools, other)? If so, generally describe. None. This is a non - project proposal. b. Proposed measures to reduce or control direct impacts on public services, if any. None necessary. 16. Utilities a. Circle utilities currently available at the site: electricity, natural gas, water, refuse service, telephone, sanitary sewer, septic system, other. The commercially developed area is served with sewer, water and storm drainage facilities. Water is provided by the City of Seattle, sewerage is provided by the Val Vue Sewer District, and storm drainage is privately provided except for short stretches of drainage along roadways. Storm drain lines flow to the Duwamish River. The single family area has water from the City of Seattle and septic systems. No significant storm drain facilities exist in the residential area and standing water is a frequent occurrence. The combination of septic systems and standing water may be significant. Residential property owners declined to 'extend sewer lines to the houses, as they considered such uses as transitional (Matlitch, Val Vue Sewer District Engineer, 5/10/93). • 1, virU a• AH.`. iffri tt4+ei.•7igm".uh .�rnr =. +. , �4.. �a.+ e�bcnwl wC+ r�• IV�rwxrs�tnw�arrwesairus :`R+vJ+*Y:.suY'�51X.. Yw�`. �Fre:S!C .YVa.: +4y ; . SEPA Environmental checklist Per TMC 21.04 andAC 197 -11 Page 15 Ox Bow Annexation, . Comprehensive Plan and Zoning. b. Describe the utilities that are proposed for the project, the utility providing the service, and the general construction activities on the site or in the immediate vicinity which might be needed. None. C. Signature The above answers are true and complete to the best of my knowledge. 1 understand that . the lead agency is relying on them to make its decision. Signature: Date Submitted: s /ate /Ps et rY of / L Kwee-4- SEPA Environmental Checklist Per TMC 21.04 and WAC 197 -11 Page 16 Ox Bow Annexation, Comprehensive Plan and Zoning. D. SUPPLEMENTAL SHEET FOR NONPROJECT ACTIONS (do not use this sheet for project actions) Because these questions are very general, it may be helpful to read them in conjunction with the list of the elements of the environment. When answering these questions, be aware of the extent the proposal, or the types of activities likely to result from the proposal, would affect the item at a greater intensity or at a faster rate than if the proposal were not implemented. Respond briefly and in general terms. 1. How . would the proposal be likely to increase discharge to water; emissions to air; production, storage, or release of toxic or hazardous substances; or production of noise? No increase in emissions or . hazardous substances directly attributable to this proposal are anticipated. Future development could increase discharge to water and emissions from traffic. This development will be reviewed at the time of application for environmental impacts on an individual and cumulative basis. Proposed measures to avoid or reduce such increases are: See D.1. 2. How would the proposal be likely to affect plants, animals, fish, or marine life? No effects on plants or wildlife are anticipated as a direct result of this proposal for zoning. See D.1. Proposed measures to protect or conserve plants, animals, fish, or marine life are: -None. 3. How would the proposal be likely to deplete energy or natural resources? No depletion of natural resources directly attributable to this proposal are anticipated. See D.1. Proposed measures to protect or conserve energy and natural resources are: None. 4. How would the proposal be likely to use or affect environmentally sensitive areas or areas designated (or eligible or under study) for governmental protection; such as parks, wilderness, wild and scenic "Th , SEPA Environmental '.:hecklist Per TMC 21.04 and'wrAC 197 -11 Page 17 Ox Bow Annexation, Comprehensive Plan and Zoning. rivers, threatened or endangered species habitat, historic or cultural sites, wetlands, floodplains, or prime farmlands? No increased environmental impacts are anticipated as a result to this annexation, comprehensive plan designation or zoning designation. Proposed measures to protect such resources or to avoid or reduce impacts are: None. 5. How would the proposal be likely to affect land and shoreline use, including whether it would allow or encourage land or shoreline uses incompatible with existing plans? No significant short -term changes are anticipated. King County's Shoreline Management Plan would continue to be in effect after the annexation. In the long -term, Tukwila does propose to revise its shoreline management plan to encompass this river segment as part of a Growth Management Plan. Proposed measures to avoid or reduce shoreline and land use impacts are: None. How does the proposal conform to the Tukwila Shoreline Master Plan? N /A. 6. How would the proposal be likely to increase demands on transportation or public services and utilities? This proposal will not directly affect demand for public services, transportation or utilities. Future development may increase demand for these services; however, such impacts would be addressed through environmental review of individual projects. Proposed measures to reduce or respond to such demand(s) are: None. 7. Identify, if possible, whether the proposal may conflict with local, state, or federal laws or requirements for the protection of the environment. This proposal will not conflict with any known environmental laws. 8. Does the proposal conflict with policies of the Tukwila Comprehensive Land Use Policy Plan? If so, what policies of the Plan? No; the proposal is consistent with the Plan. See B.8.1. Proposed measures to avoid or reduce the conflict(s) are: SEPA Environmental Ox Bow Annexation, None. Checklist Per TMC 21.04 and WAC 197 -11 Page 18 Comprehensive Plan and Zoning. E. SUPPLEMENTAL SHEET FOR ALL PROJECT AND NON PROJECT PROPOSALS The objectives and the alternative means of reaching the objectives for a proposal will be helpful in reviewing the foregoing items of the Environmental Checklist. This information provides a general overall perspective of the proposed action in the context of the environmental information provided and the submitted plans, documents, supportive information, studies, etc. 1. What are the objectives of the proposal? To allow the City of Tukwila to annex approximately 172 acres of land, and establish comprehensive plan and zoning designations which would be effective upon annexation, in a manner which is consistent with the City's Comprehensive Plan and property owner requests. 2. What are the alternative means of accomplishing these objectives? None. 3. Please compare the alternative means and indicate the preferred course of action: N /A. 4. Does the proposal conflict with policies of the Tukwila Comprehensive Land Use Policy Plan? No. Proposed measures to avoid or reduce the conflict(s)-are: None. t'ti "c wic v i " "'M • 7A April 21, 1993 REV. LEGAL DESCRIPTION for • OXBOW AREA BETWEEN WEST MARGINAL WAY AND THE DUWAMISH WATERWAY BEGINNING at the intersection of the south line of the John Buckley Donation Land Claim. number 45 and the westerly right -of -way line for Primary State Highway No.1 (S.R.99) as shown under Deeds, volume 4099, page 666, Records of King County, Washington, in the northwest quarter of Section 4, Township 23 North, Range 4 East, W.M.;. Thence northerly along said westerly margin to the north line of tract 55 in Moore's Five Acre Tracts as recorded under volume 9, page 28 under Plats, records of King County, Washington; Thence easterly along said north line of tract 55 and continuing along the easterly extension thereof to the thread 'of the Duwamish Waterway and the existing Tukwila City Limit Line (Tukwila Ordinance 1503 and 1515); Thence southerly along the thread of the said Duwamish Waterway and River also being the existing Tukwila City Limit Line to the west margin of Pacific Highway South (State Rd. No. 1); Thence southerly along said west margin and existing Tukwila City Limit Line to the south margin of South 116th Way (South 116th Place); Thence westerly along said south margin to the west margin of West Marginal Way; Thence northerly along said west margin to the north margin of South 116th Way (South 116th Place); Thence northwesterly along said north margin to the westerly new right -of -way line and Limited Access line for Primary State Highway No. 1 (S.R.99); Thence northerly along said westerly right -of -way line to the POINT OF BEGINNING. NO SCALE DRAFT OXBOAREA ANNEXATION BOUNDARY - BURIEN Approx. 2.2 miles 14111/.• ` I I 1I n _f 'tl4lijll 1_ __,.,,1••� Lig Lc' e°1 ,ANNXATION pOUNDA WAMISN%/_ HIGH; i 4 PUBLIC RIGHT OF WAY .'WITH ZERO VALUE FOR • GENERAL. TAXATION • APPROX. SCALE 1" =800' ATTACHMENT B tor, OS ...... Cir • •: . - .... ... I . City of Tukwila Oxbow Annexation Existing Land Use May, 1993 ;-.1- 1 :. .,!,... I - .......! li --..1 . .,t;•-•7311;1•F 1• ,, t , , .,„,,I,-,.... • - ccV-P074.4;;P:P*'.:---T-'71i0- 41; f • It.t • • O-4 •••-•••61 , I ;Pt! . ' c•.'/--=•••••••-.=.1`..."• Edt)1 • 34 CM. Sr. hp: GI t 3 OCer. S. t.....1..... , ..C..z. , !...• z ,-...• .f,.\.: . •,. ,.,-::__Lc-44 ..:. . .• .. . r___.:•„:•,...„... RAINIER 6OLF L COLii.ITRY CLUB r-7;:l -C- . ... ,,7"tin'r.-11 :1;7 .‘:.•"11.-: '? A v. 4 ...6Q.I:Z.' I' /.A. "'"... "•..1* ...••••—l'' ........ . ,. ___...1„.., . : . -....„-,_-.7.„_,....-:_===:-.........t.,,_,....„...,..„.,,,y,,_-„-,_-„,..„_:..,.....„;•:::_:„.„ APPROX. SCALE v=isoo. LEGEND INDUSTRIAL SINGLE FAMILY VACANT WATER ROADWAY irT47 r----i ,...4:,..---;—,- . • r...-:.::: . ......z.......... I FF- . , • • • 5.. . . Al lAt;tiMtN I l; r s•Vir ... S/tf 1. 1`• 1 1 1 • 1 \ \ IT A • '1 1 NM 11111142. \ • > TURNING ‘SASIN - ••• ... • v tfa••••••• ..... ........... • -a City of TukWila Oxbow Annexation Existing King County Zoning May,1993 .:. . ....... a,..r_:. ..::. ,-,=,41...:1„..1%.„„,....:,....... ;,.) ,t..--.L.....,. ...- -;. • 1.1 SA Crirs • lo RAINIER 6OLF C01.1.1:1 RY CLUB • APPROX. SCALE LEGEND "1&,1,'0% • Fi • 'a SOURCE: HAROLD VANDER GRIFF, KING COUNTY BUILDING AND LAND DEVELOPMENT 5/3/93 • MH HEAVY MANUFACTURING _RS7200 SINGLE FAMILY DETACHED MINIMUM LOT SIZE 7200 SQUARE FEET ST-2— 00• ,t II/VER • ..:,11:1::'...... ... ]Hi: -:5•,-,........czp.": ,„:.:4;. re:- .1'42 r .:—..4 1 21:_uzic..i.'—t.. :4 ko Prx:is-444- • -.....,:„.7.-... r.i.„.„. \ ,, .../....;=...,1 1... , . .-...„.:, , .*:...g. ^ ••,:r • , a:-.,•„, -U " S g.• : Z j.., • - .7. 0 6-1--Q1i .‘ ila/V..13:3 ..` : I. :.-:7S'si•-•: . ... ...:'''. ' .irt\I 1:11 ATTACHMENT D April 21, 1993 REV. LEGAL DESCRIPTION for OXBOW AREA BETWEEN WEST MARGINAL WAY AND THE DUWAMISH WATERWAY BEGINNING at the intersection of the south line of the John Buckley Donation Land Claim, number 45 and the westerly right -of -way line for Primary State Highway No..1 (S.R.99) as shown under Deeds, volume 4099, page'666, Records of King County, Washington, in the northwest quarter of Section 4, Township 23 North, Range 4 East, W.M.; Thence northerly along said westerly margin to the north line of tract 55 in Moore's Five Acre Tracts as recorded under volume 9, page 28 under Plats, records of King County, Washington; Thence easterly along said north line of tract 55 and continuing ,along the easterly extension thereof to the thread 'of the Duwamish Waterway and the existing Tukwila City Limit Line (Tukwila Ordinance 1503 and 1515); Thence southerly along the thread of the said Duwamish Waterway and River also being the existing Tukwila City Limit Line to the west margin of Pacific Highway South (State Rd. No. 1); Thence southerly along said west margin and existing Tukwila City Limit Line to the south margin of South 116th Way (South 116th Place); Thence westerly along said south margin to the west margin of West Marginal Way; Thence northerly along said west margin to the north margin of South 116th Way (South 116th Place); Thence northwesterly along said north margin to the westerly new right -of -way line and Limited Access line for Primary State Highway No. 1.(S.R.99); Thence northerly along said westerly right -of -way line to the POINT OF BEGINNING. ,ANN.EXATION pOUNDA P I rty, • :1 ;7: 1: i .Il.j PUBLIC RIGHT OF WAY WITH ZERO VALUE FOR GENERAL TAXATION APPROX. SCALE 1" =800' King County Assesser Quarter Section Maps (3 Sets separately attached) ATTACHMENT F • • 1-405 7X2EN TON I• . •^'^' II:r.'s÷1.---7.17\ • • • • _Tu kwila Sewer 13 Rainier Vista Sewer Renton Sewer E ValVue Sewer E Normandy Park Sewer E Skyway Sewer ::Des Moines Sewer Kent Sewer 1 Bryn Mawr Sewer Southwest Suburban Sewer 11 1111 10111' , O11l:a 11 �{ P1.: i s n a Angtiumk ROXBURY ��• 1! IIIEIII!" ,�iq Illy� 11 E �11@I�1I11l1 IMII Ma GIi IUui r 5 r r riniummms IMEMENIMMUM v Mfr.. ING ,` ' ENT "II ,'lay:i -, tul ATTACHMENT H 1111111 01 111111' 1111111 1111 111111 IIQ-______ �!!R;ml .8 11 i1m:1I411H1 • II: nE.n111lnn��r,,� --n�` �1 j► ■ 11 11I MeU P1 11111 1 111; �M =!E WIMP ' lily ..mil sanuni pain 111111101E11 rit BURIEN • RENTOIN Puget Sound KENT Obnen 112 1 mile 111 FIRE STATION LOCATIONS IFire Protection Districts I 1 ATTACHMENT 1 1111111 111 1111111 =Z� Emmolnanurpuni /1 � .�..,.�. PRICA 1111 111111 NE u \ �4 9L1111�181 T \e lip 1 -1 X1 • 0 ! 154 einl omMi ►Ir Intl "l .11111. r ran tmal 11ep1 ➢!!! 9e 111151111114, Win Rainier Beath PROPOSED OXBOW .ANNEXATION I I r S116TH A A 11! i® t 1i1� ' 11 ■ LIh such " �: arm Elnamparon •. mill onmeinib,„ mar sit rillaboram ���� tfilmHftlllps 1llAtt� � Wittam MEM �uII - Jc —lr roc . PAW *T- 2 HIGHLINE 111 RENTON "� : • •'► ,/ 'SCHOOL DISTRICT RENTO1 'SCHOOL DISTRICT • i _) 0 112 1 mile Legend OMAN School District Boundaries • Elem!Middle .schools INItLvil- A • • High Schools Other District Facilities -I_II - RI L3; •. KING •` COUNTY KENT N- E • r " -1 o,.n.n r- KENT SCHOOL DISTRICT ( ISchool Ustrids i ATTACHMENT J 1111111 ■ mull 11 1111 ®®x1 111111111 111' . EA 11 Mi11111 l�R i J .1111111111 Kr= I radL� U11G & . • \ @ ' "�C 11�l1�12E111 1 I • �� 1� ID RO BU" t . x"' "'F non 11111 1vl1 IQI III 1 Eic �,.1. 11 . u �►,�jmo.. • 1,i' 11 E M11 1��Rim MU �I1E� 10!!! !If! 1 �� %MI • Zliii"ta ' 'Io ... I' [i1111dli111Y�11' . m fl1 fl f111111I1i ••��� 0' mirolet no.nardpv, sup k k mina mom..I �r ,- uuw; :f\ liil R..n... Beath PROPOSED OXBOW ANNEXATION te 11111■•S 1167 TilinimUlk MCA? AIlll, 128 �` �'`:. rr ®. 1 �1► ,� aVIiiit 1�11 nsumritl mm. LIWARRUI Hitgui /lI;I in " 'AIL+ !6E AI 11111nab IPS 00 1 -*may .12 mes 1�1 stlt1131 mea =TM I1 MOW 411) WARM f 11 Puget Sound IMO RMA 1. PER n •� r�}� I KING '* 1 KENT COUNTY 112 1 mile , I. EkrM01N u • RENTON -: - 1 Drainage Basins I ATTACHMENT K Ca, • *** * LC Iv.. solo OOO • ...... • City of Tukwila Oxbow Annexation Existing Land Use May, 1993 t " Pc.r.• • cc-- RAINIER GOLF Q LEGEND R I VE R 71 • V4144V4V4V 044441 44444444 *AMMAN INDUSTRIAL SINGLE FAMILY VACANT WATER ROADWAY ir77-7771..a .• f;;--27.7 • • • t ' t -P',7171 „. • -1 • . r 5 L. 'La!: Lr— 0 t .1-4* City of Tulantila Oxbow Annexation Existing King County Zoning May,1993 SOURCE: HAROLD VANDER GRIFF, KING COUNTY BUILDING AND LAND DEVELOPMENT 5/3/93 SINGLE FAMILY DETACHED MINIMUM LOT SIZE 7200, SQUARE FEET V =, I, A F F I D A V I T O F D I S T R I B U T I O N Vies-P_Ivo,r C.) hereby declare that: otice of Public Hearing l Determination of Non - significance O Notice of Public Meeting O Board of Adjustment Agenda Mitigated Determination of Nonsignificance Determination of.Significance Packet and Scoping Notice fl Board of'Appeals Agenda Packet fl Planning Commission Agenda Packet E Short Subdivision Agenda Packet DNotice of Application for Shoreline Management Permit DShoreline Management Permit Notice of Action Official Notice Other Other was mailed t: - =ling addresses on (,v As if o S let AS SRfou. w err 7.75r A� c(ys M,1- 07-77 A c5/ I / 7"((e Pas 7-eb wc, "r(ce" / S Jnc' RS %3 r 7 ACE( OA( 7" 2; , Name of Project OK POGJ AdintexA'%coAe File Number I- cis- oo'a. 1 j- j �,�- 0c53-4- (Awstex Signature V trcha Assoc. Pc Are, -mcgit-tokir E Case: Applicant: Request: Location: NOTICE OF PUBLIC HEARING By the Tukwila City Council On June 7, 1993 at 7:00 P.M. At the City Council Chambers of Tukwila City Hall 6200 Southcenter Blvd.; Tukwila, WA L93 -0021: Oxbow Annexation- Overall Decision and L93 -0034: Oxbow Annexation- Pre - Annexation Zoning City of Tukwila and the Desimone Trust To consider all aspects of the annexation request including, but not limited to: annexation area boundaries, public service provision, assumption of bonded indebtedness and zoning upon annexation; pursuant to RCW 35A 14. The area generally bounded on the west by the western edge of State Route No. 99, on the east by the City of Tukwila in the middle of the Duwamish River, on the north by the S. 100th St alignment, and on on the south by the City of Tukwila boundary at the SR-99/SR-599 highway interchange, in Section 9, Township 23E, Range 4N Seattle, WA A specific legal description and map is available upon request. Questions may be directed to Vernon Umetsu, Tukwila Planning Division (206 - 431 - 3684). Written testimony may be submitted to the Tukwila City Clerk at 6200 Southcenter Blvd.; Tukwila, WA; 98188. Sf.AT' C Cfl CIS DRAFT OXBOW] ANNEXATION AREA BOUNDARY s�i ttt1,1 i;�';t`a t,,•' yyt``1 t',y1`.. } y j1i I1)lip11i1 ��j1►'ji }l� ►1�►11�) Ii, +1�1''•ll :+rr'�5��'!tr' � ' ri +:Njr 1 7 E— BURIEN 1I[ [i�(+'(��('(((�� {��t�(i {`i<<�,� Approx. �lil1Ii111i1 }If�lil�llli 2.2 miles OXBOWVICINITY MAP DRAFT OXBOWjU] ANNEXATION AREA BOUNDARY CITY OF TUKWILA NOTICE OF PUBLIC HEARING ON ANNEXING AND ZONING THIS AREA JULY 12,1993 7:00 PM Tukwila City Council Chambers 6200 Southcenter Blvd Tukwila, Washington Contact-Vernon Umetsu 431-3684 ` ..-+...... ..............„....,...�..,._�. ■ ele 17777e _tr- 'XJ_ r� -yyyy+ -- 2.20 c 1Nd # xbgS Fd"93r tro r f�y COMIMbJ aC�l►a%— CITY OF TUKWILA NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Tukwila City Council will hold a public hearing on June 7, 1993 at 7:00 p.m. in the Council Chambers at Tukwila City Hall, 6200 Southcenter Blvd., Tukwila, to consider all aspects of the proposed annexation, generally known as the Oxbow annexation, which includes but is not limited to: reduced boundaries, comprehensive plan designation, land use zoning, and assumption of bonded indebtedness. The area is generally bounded on the west by the western edge of State Route 99, on the east by the City of Tukwila in the middle of the Duwamish River, on the north by the S. 100th St. alignment, and on the south by the City of Tukwila boundary at the SR -99 /SR -599 highway interchange. Any and all interested persons are invited to be present to voice approval, disapproval, or opinions on this issue. Published: Seattle Times - May 20 1993. and JULY 2, 1993 Jane E. Cantu City Clerk DECEIVED SEP 3 1993 L.;EVELOPiMiENT City of Tukwila 6200Southcenter.Boulevard • Tukwila, Washington' 98188.:. John W. Rants Mayor. 1908 . CITY OF TIJKWII:A Dear Residents, Property Owners, and Business Owners:: The City of Tukwila is now considering a. property owner initiated petition to .annex the `Ox Bow" area where you are located: Your comments are being sought On this proposed: annexation. A map of the proposed annexation:area has been attached and i have scheduled 'a public meeting to answer your questions and provide you with information about City services, development regulations, zoning options and the annexation'process. This meeting will be held: 6:00 PM After this meethig, three publiC hearings (ligted beloW) vvill be held.for you to comment *directly to the Planning Comnlission and City Council. Written coffunents will also beippreciated. • May 24, 1993 :''Planning Commission Hearing on Zoning only • June 7, 1993. City Council Hearing on Zoning and the Annexation. July. 12, 1993 City Council Hearing on Zoning and the Annexation. Please contact Vernon Umetsu at 431 -3684 if you would like more information. • Sincerely, Phone: (206) 433 -1800 •. Clry Hall Fax ,(206) 433 -1833 FIGURE 1 Oxbow Annexation Location Map .OXBOW1 3 ANNEXATION AREA BOUNDARY • U1I ‹-BU (� Approx. 2.2 miles , ■ King County Surface %Pater Management Division Department of Public Works Ycslcr Building 400 Ycslcr Way - Room 400 Seattle, WA 98104 -2637 (206) 296 -G519 ' May 26, 1993 Mr. L. F. Boulanger Facilities Engineering Manager Boeing Advanced Systems M/S 46 -87 Post Office Box 3707 Seattle, WA 98124 -2207 RECEIVED MAY 2 7 1993 TUKWiLA PUBLIC WORKS RE: Duwamish River Bank Stabilization: Boeing Oxbow Parking Lot Dear Mr. Boulanger: Routine inspection of riverbank conditions along the Duwamish River performed in March and April of 1993 has disclosed the presence of several eroding and slumping riverbank locations adjoining the recreational trail along the riverbank at the Boeing Oxbow parking lot. Surface Water Management Division River Facilities Maintenance Engineer, Rick Lowthian, has determined the presence. of a high level of risk to trail users due to the close proximity of the steep, eroded banks to the.edge of the trail. My review of the enclosed correspondence relating to this condition reveals the following: 1) Boeing has agreed to provide King County with a River Protection Easement along the full reach of river at the Oxbow site. This property interest is to be secured from the top bank of a restored and stabilized bankline. 2) Boeing has agreed to inclusion of this reach of recreational trail into King County's Green River Trail Plan. This property interest is also dependent on securing the bank. 3) Boeing has agreed to stabilize the entire reach of riverbank in question to the specifications set forth in consulting studies prepared for Boeing by Dames and Moore, dated November 10, 1986, and as supplemented on November 24, 1986. 4) Boeing has agreed to "immediately make application for a new Shoreline Permit," and to submit plans and specifications for construction permits as necessary to accomplish this work. This agreement dates. to May 4, 1988, over five years ago. Mr. L. F. Boulanger May 26, 1993 Page 2 Mr. Lowthian's inspection of this reach of the riverbank indicates the necessary stabilization has not been performed pursuant to these agreements of record. As stabilization is fundamentally necessary for the safety of trail users, and in order to secure the physical integrity of King County's easement rights.in the property involved, I must request your immediate action toward resolving•these outstanding issues. I would like to meet with you to discuss resolution of this matter before further erosion of the trail embankment occurs. Please call River Management Section. Manager Dave Clark at 296 -8388 to discuss this matter more fully and to schedule a meeting. Sincerely, Jim Kramer Manager • JK:AL:rs J5- 93WP:LT17 Enclosure cc: Ross Earn , , t�b1i,,cWorks Director, City of Tukwila ATTN: aL1;Fihaser; +. Senior Engineer Paul Tanaka, lirector, Department of Public Works Ken Guy, Assistant Manager, Surface Water Management Division ATTN: Jerry Creek, Manager, Facilities Maintenance Section Ken Krank, Senior Engineer, Facilities Maintenance Section Rick Lowthian, Engineer, Facilities Maintenance Section Dave Clark, Manager, River Management Section ATTN: Stephanie Lucash, Green River Program Coordinator Andy Levesque, Senior Engineer King County Dcparunent of Public Works b9064RxN9ix RXftWgx5. 900 King County Administration Bldg. 500 Fourth Avenue Seattle, Washington 98104 (206) 296 -6500 July 8, 1988 Mr. L. F. Boulanger Facilities Engineering Manager Boeing Advanced Systems M/S 46 -87 Post Office Box 3707 Seattle, WA 98124 -2207 RE: State Flood Control Zone (SFCZ) Permit KC -235 -2 Dear Mr. Boulanger: Thank you for your May 4, 1988 letter summarizing the status of your continuing efforts to stabilize a portion of the left bank of the Duwamish River, pursuant to.studies required by King County as a condition of the subject SFCZ Permit. I apologize for the delays in responding to your letter. As the King County Department of Public Works (DPW) is'ono longer • directly involved in the permitting process, there was a need for some interdepartmental coordination to clarify our role versus the Building and Land Development (BALD) Division's role in preparing this response. Rest assured, however, the DPW remains firmly committed to the timely completion of this important work. I also recognize the frustration you have felt in attempting to move ahead with this project. Surface Water Management (S4M) Division staff have reviewed your letter and the issues it raises with BALD Division Shoreline Management Section staff. Despite problems that have beset the project in the past, I believe that the project can proceed in the context set forth in your letter, with the possibility that the project could still be constructed this year. Of utmost importance to the permit application and review schedule is the need for your office to formally initiate an application for a new Shoreline Permit as soon as possible. The application should include all the plans, specifications, and background studies, including the Dames and Moore report, that are appropriate to the recommended construction. The application process should be coordinated with King County Shorelines Mr. L. F. Boulanger July 8, 1988 Page 2 Planner Nancy Hopkins in BALD's Eastgate office at 296 -6650. Andy Levesque, Senior Engineer on the SWM Division staff, is available to meet with you and BALD Division representatives to ensure the most expeditious review and processing of your application as is possible. I hope this letter conveys the Department's interest in your project and our willingness to cooperate in seeing it to implementation. If you have any questions regarding this letter, please call the River and Water Resource Section Manager Dave Clark at 296 -6519. Sincerely, Paul Tanaka Acting Director PT:AL:js(R5184) cc: Joe Nagel, Director, Parks, Planning and Resources Department ATTN: Bryan Glynn, Manager, Building and Land Develoanent Division Gerald Marbett, Manager, Development Controls Section Mark Mitchell, Shorelines Supervisor Nancy Hopkins, Shorelines Planner Jim Kramer, Manager, Surface Water Management Division ATTN: Ken Guy, Assistant Manager Dave Clark, Manager, River and Water Resource Section Andy Levesque, Senior Engineer BOEING ADVANCED SYSTEM COMPANY A Division o' Tne Boeing Company M/S 46 -87 PO .Box 3707 Seattle. Wasninaton 98124-2207 May 4, 1988 L- 6210 -LFB -195 King County Department of Public Works 900 King County Administration Building 500 Fourth Avenue Seattle, Washington 98104 Attention: Mr, Donald .T _ LaBel 1 e, Director Reference: State Flood Control Zone Permit No. KC- 235 -2. (Shoreline Management Permit t32- 85 -SH) Dear Mr. LaBelle: In March of 1986, Boeing Advanced Systems (BAS) (formerly Boeing Military Airplane Company), under a condition imposed by King County on issuance of the referenced Flood Control Zone Permit, agreed to investigate the need for stabilization of the adjacent Duwamish River bank, and to request company overhead funding to design and construct improvements if required. The investigation was accomplished by Dames and Moore and the report.submitted to King County in December of 1986. Your letter of August 6, 1987 indicated County acceptance' of the report and requested that plans' and , specs be submitted for permitting. ..Our letter of September 8, 1987, detailed .our plan for implementation of the project. This plan was based on information from Mr. Curtis Dahlgren of Washington State Department of Fisheries, which restricted work in the river between April 1 and June 15, thereby allowing con - ctrttr+ inn anytime after .Tune 75 1080 Robel of the Department of Fisheries has claimed jurisdiction . over this portion of the Duwamish, and has limited the construc- tion window to the months of June, July and August. Pursuant to our plan, the firm of Caribe Engineers was commis- sioned to provide the design and specifications. The design was coordinated with the County and other agencies and was complete on January 1, 1988. Construction funding was earmarked in our 1988 overhead budget. On November 10, 1987, Neal Tunison of BAS had met with Mr. Gordon Thomson of King County,. who agreed that this project could be included by addendum under the original Shoreline Management .,Permit 432- 85 -SH. Conversation with Don Beery of Washington State D.O.E., Shorelines Management /Enforcement, indicated that an addendum to the original permit was acceptable. From December, 1987 to the present time, however, numerous conversations between Mr. Tunison and King County (Nancy Hopkins, Andy Levesque and BOEViVG D. E. LaBelle -2- May 4, 19888 others) have produced no conclusion as to our Shoreline Permit status. Ms. Hopkins now requires that a new Shoreline Permit application be submitted. The foregoing is an attempt to update you on this project, from our perspective. As it appears now, a new Shoreline Permit will delay the work another six months; the Department of Fisheries construction window for this summer cannot be utilized; and our overhead funding will have been reallocated to many other waiting projects long before the end of this calendar year. In other words, the project cannot be constructed in 1988. With some degree of frustration, I am• now proposing the following plan, attempting to accomplish what we in good faith originally agreed to do. 1. BAS will immediately make application for a new Shoreline Permit. 2. Plans and specs will be submitted to King County for construction permits as required. 3. We will again request funding, in the 1989 overhead bud - get, and will plan to bid the' proj ect early in the year and construct it in summer 1989. If there are any questions, please contact Neal Tunison (544 -2963) or myself. ' I would be happy to meet with you on this matter if you wish. cc: N. Hopkins A. Levesque R. Rutkowski N. Tunison Yours truly, vC/� • -�-rtr 'L. F. Boula0er Facilities ngineering Manager Boeing Advanced Systems L -6200 M/S 46 -87 phone 544 -2938 King County Deli:►rime:it of Public Works Donald J. LaBelle. Director 900 Kmc County Administration Bldg. 5(1(7 Fourth Avenue Scan k. Washington :18104 (20G) :144-251 October 1, 1987 Mr. R. L. Rutkowski Director of Facilities Boeing Military Airplane Company Post Office Box 3707 Seattle, WA 98124 -2207 RE: State Flood Control Zone Permit Number KC- 235 -2; Request for Extension Dear Mr. Rutkowski: Thank you for your Septer 8, 1987, letter requesting an extension for completion of work originally required under Special Condition E of the subject permit. Given the recent history of delays with this Project, the one year extension requested now aoaears reasonable for completion of the work in Question. In order to minimize future delays, King County is interested in establishing a time certain commitment from the Boring Military Airplane Company when funding for this work will be assured. When I first brought this ratter to yo.Lr atten- tion in and letter of November 6, 1986, Mr. L. F. Boulanaer's (December 1, 1986). response stated that the budaet reauest for this work would be acted upon in "early 1987 ". Item 3 of your September 8, 1 987, letter now states that Company approval of this work is still in Question, even with respect to the April 1, 1988, construction start -up date. Therefore, in Granting your request for this one - year extension, I respectfully request that you inform me of your resolution of the funding issue at your earliest convenience. Please note that the State of Washington Department of Ecology has discontinued the State Flood Control Zone Permit Program, effective June 26, 1987. Henceforth, King County's locally- issued permits will be the only permits necessary for flood - plain management purposes. Therefore, the permit application referenced in Item 2 of your September 8, 1987, letter should be understood to be application for a • King County commercial building permit to cover this work. Mr. R. L. Rutkowski October 1,. 1987 Page Two Thank you for your continuing attention to this matter. If you have any questions concerning this letter, please call River and Water Resource Section Manager, Dave Clark, at 344 -2619. Sincerely,. Donald 3. LaBelle Director DL:AL :lm(0929B -1.1) Enclosures cc: Bryan Glynn, Manager, Building and Land Develo r nt Division ATTN: Jim Sanders, Development Engineer, Subdivision Products Section Jeff O'Neil, Senior Engineer, Coauercial Products Section Jim Kramer, Acting Manager, Surface Water Management Division • • ATTN: Dave Clark, Manager, River and Water Resource Section Andy Levesque, Senior Engineer 1, BOEING MILITARY AIRPLANE OMPANY A Division of Tne Boeing Company mall Slop 46-87 P0. Box 3707 Seattle. Washington 98124-2207 c .- `,�, i '; :1t.7 September 8, 1987 L- 6210 -LFB -474 King County Department of Public Works 900 King County Administration Building 500 Fourth. Avenue Seattle, Washington 98104 Attention: Donald J. LaBelle, Director Subject: State Flood Control Zone Permit No. KC -235 -2 Dear Mr. LaBelle: Upon receipt of your August 6, 1987 letter, indicating your concurrence with the recommendations of the Dames and Moore report; Boeing Military Airplane Company is'prepared to proceed with the required Duwamish River bank stabilization. Our tentative plan for the project is: 1. Develop. engineering plans and specs by December 1, 1987. 2. Submit permit application to King County by January 1,198$ 3. Schedule construction after the April 1 to June 15 Department of Fisheries window, 1988; subject to Divisional approval of the necessary funding. A one year extension is requested on the December 31, 1987 date specified in Condition E for completion of this work. If there are any questions, please contact Larry Boulanger on 544 -2938. .1 BO'E/NG Yours truly, . L. utkowski Director of Facilties Boeing Military Airplane Company L -6050 M/S 46 -89 phone 544 -2900 Mr. D. J. LaBelle September S, 1987 cc: LFB:jg Bryan Glynn, Manager, Building and Land Development Division ATTN: Tom McDonald, Interim Manager, Commer- cial /Multifamily Products Section Jeff O'Neill, Senior Engineer, Commer- cial /Multifamily Products Section Jim Kramer, Acting Manager, Surface. Water Manage- ment Division ATTN: Dave Clark, Manager, River and Water Resource Section Andrew T. Levesque, Senior Engineer, River and Water Resource Section T. N. Tunison R. E. Westall King County Depart In nt of Public 1Vorks Donald J. Lolielle. Dire/mi. 900 king County Adntinistratiurr 81(I!, 500 Fourth Avenue Seattle. \ \'aAtingtun :iti1114 (20G)344 -251 August 6, 1987 Mr. Ral Rutkowski Director of Facilities Boeing Military Airplane Company Mail Stop 46 -87 Post Office Box 3707 Seattle, WA 98124 -2207 RE: State Flood Control Zone Permit Number KC -235 -2 Dear Mr. Rutkowski: As noted in my November 6, 1986 letter to Mr. J.J. Nelson, Special Condition E of the subject State Flood Control Zone Permit requires that riverbank stabilization be addressed along the Duwamish River in order to allow for precise, permanent designation of a 30 -foot -wide river protection easement to be conveyed to King County. Dave Clark, River and Water Resource Section Manager, has subsequently received a copy of a November 10, 1986 Riverbank Stabilization Study Report prepared for this purpose by Dames and Moore, together with a Report Addendum dated November 24, 1986. Both these documents were included with a December 1, 1986 letter to Dave Clark from L.F. Boulanger. Based upon review of these materials, and citing the provisions of Special Condition E, it is my conclusion that bank stabilization }}measures shall be provided for purposes of securing King County's river protection easement, as set forth in the recommendations of the November 10, 1986 Dames and Moore Report and in the November 24, 1986 Report Addendum. Therefore, please submit a new Permit application to the Building and Land Development Division for this work, together with engineering plans and specifications appropriate to the recommended construction. In closing, please note that the December 31, 1987 date specified in Condition E for completion of this work may need to be reconsidered in processing your new Permit application, due to the delays experienced both in receiving and reviewing the Dames and Moore Reports. Mr. Ral Rutkowski August 6, 1987 Page Two Thank you for your continuing attention to this matter. If you have any questions concerning this letter, please contact Dave Clark at 344 -2619. Sincerely, Donald J. LaBelle Director DL:AL:bn (0728B -1) cc: L.F. Boulanger, Plant Engineering Manager, Boeing Military Airplane Company Bryan Glynn, Manager, Building and Land Development Division ATTN: Tom McDonald, Interim Manager, Commercial / Muultifamily Products Section Jeff O'Neill, Senior Engineer, Commercial /Multifamily Products Section Jim Kramer, Acting Manager, Surface Water Management Division ATTN: Dave Clark, Manager, River.and Water Resource Section Andrew T. Levesque, Senior Engineer, River and Water Resource Section EDEING MILITARY AIRPLANE COMPANY -a.vis: ^n o' . r woe: , —crnzany z 46- 67 t. PO 53). 37C7 Seatue. t ■asn,nptcr, PS 244:207 December 1, 1986 L-6210-LFB-466 King County Department of Public Works 900 King County Administration Building 500 Fourth Avenue Seattle, Washington 98104 Attention: Mr. Dave Clark, Manager - River and Water Resource Section hlk,r,fifCt;1 Jii,tipt�,, Ott,, , Subject: State Flood Control Zone Permit No. KC -235 -2 Dear Dave, I am responding on behalf of our new Director of Facilities, Mr. Rat Rutkowski, to Mr. Donald LaBelle's letter of November 6, 1986 regarding the subject Flood Control Zone Permit. Boeing Military Airplane Company (BMAC) is definitely cognizant of its agreement under Special Condition E of the permit. The required study was indeed commissioned, with completion requested in August, '1986. Our consultant, unfortunately, was unable to perform on time and the study was not received b�' my Or'-'irA '�ntli ?ovember 10, 1986. Our regrets for the delay. v The River Bank Stabilization Study report by Dames and Moore, dated November 19, 1986, is hereby transmitted for your review. The report does recommend some improvements to the river ban}:. In accord with the agreement under Special Condition E of the permit, I have requested funding in the 1987 Budge to accomplish these improvements. I will not know until early 1987, however, whether or not my budget request has been approved by BMAC Division management. Please review the report and feel free to respond with any comments you might wish to make. If the improvement budget is approved, we will be calling for your support in the permitting process: Yours truly, L. F. Boulanger Plant Engineering Manager 5oeing Military Airplane Company L -6210 M/S 46 -87 Phone 764 -8179 cc: D. J. LaBelle, King County Director of Public Works J. J. Simmler, King County Manager SWM Division S. Townsend, King County Manager.Devclopment.Review Section R. Colby, King County Supervisor Building and Land Division H. Huggins, W'ashington.State Department of Ecology R. L. Rutkowski, BMAC Director of Facilities R. E. Westall,.BMAC Facilities Engineering Manager T. N. Tunison, BMAC Permits Enclosure LFB:jg King County Department. of Public 11'arkF Donald J. LaBelle. armor 900 King County Adn►nnstrauon bldg. 500 Fourth Avenue Seattle. Washington 98104 (206) 34-4-2517 November 6, 1986 Mr. J.J. Nelson Director of Facilities Boeing Military Airplane Company 9725 East Marainal'Way South Seattle, WA 98124 -2207 RE: State Flood Control Zone Permit Number KC -235 -2 Dear Mr. Nelson: The subject permit for a storm water outfall into the Duwamish River was approved by this office on March 20, 1986. In approvina the permit, a number of special conditions were established requiring compliance by the applicant. Sp-4 =1 Condition rernii red that a report be submitted to the Surface Water Management . (SWM) Division no later than September 1, 1986, addressing the following issues concerning riverbank stability: 1) Types and location of soils existina in the area along top .of dike /riverbank (within 30' river easement) and waterward to the toe of the channel; 2) Types and structural capability of soils; 3) Stability of existina riverbank and loading capability of area identified as top of dike /bank; 4) Identification of areas of slouahing, slumpinc, erosion, and /or areas exhibiting unstable soil conditions, including, but not limited to, areas of potential problems during.high river Mows, rapid drawdowns, wave actions, unusual channel . hydraulics,• and debris catchment; 5) Specific bank protection and dike stabilization with recommendations addressing all problems and potential problems noted above. Mr • VI V M. ' ' !�e: stn . Novemoer 6, 2956 - Pace Two As of this date, the SWM Division has not received the required report. This letter is to advise you of this outstanding require- ment and the need for your office to contact the SWM Division immediately to resolve any issues that are delaying the fulfillment of this condition. Failure to submit the report in a timely fashion may constitute a violation of the terms of the permit, requiring the County to take enforcement action. We are prepared to work with you to resolve this matter in a mutually satisfactory manner. Please contact Dave Clark or Andy Levesoue at 344 -2619 in the SWM Division if you have questions or need to arrange a meeting to discuss this further. Sincerely, Donald .J. LaBelle Director DL:DC:bn (A- 0721 - 102286) Herman Huocins, Washincton State Department of Ecolocy Joseph J. Sirnmler,, Manage=, SWM Division ATTN:. Dave Clark, Manager, Rive= and Water Resource Section Steve Townsend, Manaoer, Development Review Section Andy Levesoue, Senior Encineer, River and Ware_ Resource Section Ralph C' .)1bv, Section Supervisor, Building and Land Development _Division ATTN: Rusty Moore, Shoreline Planner King County Executive • TIM HILL Department of Public Works Donald J. LaBelle, Director March 18, 1986 Boeing Military Airplane Company 9725 East Marginal Way South Seattle, Washington 98124 -2207 J`� v) )e�" ' RE: State Flood Control Zone Permit #KC -235 -2 (Our File "2 -1609) Dear Sir /Madam: We are enclosing the original and one copy of Flood Control Zone Permit Number KC -235 -2 for the purpose of a storm sewer outfall in Section 4, Township 23 North, Range 4 East, W.M. Please sign both copies as permittee; retain the original and return the copy to this Department. The permit does not become effective until said copy is received. You should also be advised that a permit may be required for your proposed project under the Shoreline Management Act of 1971, Chapter 286, Laws of 1971 -Extraordinary Session, before construction may proceed. That act provides that no substantial development shall be undertaken on shorelines of the state without a permit first being obtained. If you have not already done so, you may ohtain application forms and further information about the Shoreline Management Act of 1971 from the King County Building and Land Development Division (B.A.L.D.) /Room 450,-King County Administration Building, 344 -5286. The enclosed permit should not be considered a permit under the Shoreline Management act of 1971. If you have any questions, please contact our office at 344 -2619. Yours truly, DONALD J. LABELLE Director C V DJL:DMC:per Enclosures cc: Herman Huggins, Department of Ecology Building and Land Development Division ATTN: Pat Downs, Shoreline Planner Joseph J. Simmler, Manager, Surface Water Management Division ATTN: Dave Clark, Manager, River and Water Resource Section Steve Townsend, Manager, Development Review Section Doug Chin, Engineer 900 King Cu irthVAticitiit girIttfACBtikiii n al t h .Avenue ScatUe. Washington 981(4 1206) 344.251 o D va1m'1-g EcokyLV FLOOD CONTROL ZONE PERMIT by King County, Dept. of Public Works, Division of Surface Water Management and Chapter 86.16 RCW and King County Ordinance 2985 • Permission is granted under provisions of Chapter 66.16 RCW, this 17thday of to BOEING MILITARY AIRPLANE COMPANY 9725 East Marginal Way South . PERMIT NO. KC -235 -2 March 19 86 Warne of sppkcr:ntl (:ufOress) Seattle, Washington 98124 -2207 to construct and maintain storm sewer outfall (fArscraption of works) for the period , 19 to , 19 or perpetuity in Section 4 i Township Z3 N., Range 4 East W.M. and/or in Section Township N., Range . It...M. on Duwamish/Green Green River sh /Green located within the (Name of ctrcam or tfoxf plan offecte�) (Flood Zon_1 Flood Control Zone No. 2 Said works, structures, or improvements must be in accordance with the Application No. 2 -1609 and plans attached thereto on file with the Department of Public which are Works incorporated by reference t; terms of this permit. The work herein authorized shalt commence.ypon issuance of permit, cad shall be completed on or before the ] 7th day of Merrh 10 R6 or before such dates as may be fified by any extensions granted. This permit is subject to the conditions printed on the reverse hereof and the acceptance by the permittee. DJL: DtiC: per ECY 050-6 Sdre. 11/79 DONALD J. LABELLE , Director THIS PERMIT 1S SUBJECT TO THE FOLLOWING CONDITIONS: 1. This permit is granted under authority of Chapter 159, Session Laws of 1935. (Chapter 86.16 RCW) 2. No property rights are granted herein, nor does this permit absolve permittee from liability for any damage which may be suffered to life or to property, public or private, by reason of works, structures and improvements authorized hereunder. 3. This permit does not obviate the necessity of obtaining other permits required by federal, state, or local law. 4. The permittee shall remove, at his own expense, all falseworks, structures and materials incident to the construction of the work herein authorized. Works and structures erected under permit covering a specific period of time shall be removed by the oermittee at his own expense upon the expiration of said period or at the expiration of any extension of time which may he granted. 5. Should permitee fail to remove, at the proper time, materials, works and structures referred to under paragraph 4, the director reserves the right to have it done at the expense of the permittee. 6. Any alteration of plans for works and structures made subsequent to the filing of an application or the issuance of permit shall be subject to approval by the director. 7. The director shall be notified by the permittee of the completion.of works under this permit in order that he may make final inspection and give any final approval. 8. RCW 86.16.100 provides that the exercise by the state regulatory powers shall not imply, or create any liability for any damages against the state, and the action taken by the department herein shall not imply or create any liability for any damages against the state. 9. When necessary to provide for the proper maintenance or operation of the works, structures, or improvements as authorized herein, the department may issue supplementary orders providing for such. 10. This permit is subject to further special conditions as follows: A. Nothing in this permit shall be construed as excusing the permittee from compliance with any applicable federal, state, or local statutes, ordinances, or regulations including those administered by local agencies under the Shoreline Management Act of 1971. B. The river bank shall he re- established to King County Standards (Interim Typical Section of Riverbank detail) after the outfall is placed through it. The riverbank restoration shall extend a minimum of 15 feet both upstream and downstream of the outfall location or the extent of the disturbed area, whichever is greater. The outfall shall have a " -�--a^ :,-t-: 5NvT o.F GATE- f� �� -._. --- -.� ` /eAS C. Pressurized gravity outfalls are defined as those outfalls operating under sufficient gravitational head pressurization to continue discharging into the Green River when the river stage at the outfall equals or exceeds the 9000 cfs elevation, based on the Green River profiles. Head pressure in this determination shall correspond to the maximum produced in the system over the course of a 100 -year, 7 -day duration storm within the drainage basin area tributary to the outfall in question. 1) Therefore, pressurized drainage discharges into the Green River shall be designed to limit their operation periods to times when the flow at the Auburn gage is less than 9000 cubic feet per second (cfs). 2) Pressurized systems shall be designed for automatic start -up and shut -down whenever the river stage (4.8 feet, N.G.V.D.,•at this location) exceeds the 9000 cfs elevation at the outfall location, with a manual over -ride. 3) Oil /water separation must be provided before flows are discharged into the Duwamish /Green River. D. Storage Requirements: 1) Storage facilities for drainage shall be designed to accommodate a 100 -year flood event, for a 7 -day duration. 2) To the maximum extent possible, storage facilities shall be designed for multi - purpose uses including wildlife and fisheries habitat, open space and recreation, oil /water separation and biofiltration of runoff for water quality, and other environmental factors. E. A licensed, professional engineer with special training and expertise in river bank stabilization work, including a thorough familiarity with soils and soil stability, shall prepare a special report addressing the following: 1) types and location of soils existing in the area along top of dike /riverbank (within 30' river easement) and waterward to the toe of the channel; 2) types and structural capability of soils; 3) stability of existing riverbank and loading capability of area identified as top of dike /hank; 4) identification of areas of sloughing, slumping, erosion and /or areas exhibiting unstable soil conditions. Including, but not limited to areas of potential problems during high river flows, rapid draw- downs, wave action, unusual channel hydraulics', and debris catchment; 5 specific bank protection and dike stabilization with recommendations addressing all problems and potential problems noted above. The report shall be submitted no later than September 1, 1986 to the <,J Surface Water Management (SWM) Division. SWM will complete its review . of the report in 45 days or less after receipt of the document. Based on the information in the report and SWM's review of the analysis and o C `\ - recommendations, additional bank protection and stabilization work may v o 1• be required.t SWMsrecommendations for additional bank stabilization wort: shall be f i na :..)t--4:..z... � .`. h \ 'I n the event bank stabi 1 i zati on i s requi red as a result of SWM' s v N.recommendations, the applicant agrees to prepare engineering plans and J $4 a k drawings to fulfill those requirements. The plans shall be submitted w Ni, " to SWM under a separate State Flood Control Zone Permit. Furthermore, • Qv, S \ the applicant agrees to hudaet for and complete all required bank r • F. G. protection works no later than December 31, 1987. Application of this provision may require modifications to the proposed trail location and the easement to be provided in F, below. Provide a 30 -foot river protection easement (as measured from the top -of -bank) along the riverbank. Application of E, above, may require modifications to the location of this easement. Until the top -of -bank is clearly identified after any required bank protection improvements, a temporary 30 -foot easement shall be provided (measured .from the existing top -of- bank). The minimum finished floor and ground elevation must be at or above 6.7 feet, t4.G.V.D. 11. This permit is accepted subject to provisions of law' and regulations and .conditions herein prescribed. Boeing Military Airplane Co. By Permittee J.J. Nelson Director of Facilities [MAR 5 1956 r _ _ '% J nnr •APPLICATION is hereby made by FLOOD CONTROL ZONE APPLICATION NO. • / i. Dated March 3, 1986 Boeing Military Airplane Company of 9725 E. Marginal Way S., Seattle (lodlvwual. Corporation. etc 1 , for permit to (post o1(i oddness, 1C•ooatruct. recorutrun. mogll)1 and maintain ._.._.Storm Sewer Outfal l construct and thereafter operate (Nanlre of u.rto: bridge. dLLe. road. revetment. bum wort*. [ravel plea, etc.1 to be known as Boeing Emp1 ovees Activity Center See Attch. .-__...._.._ (Name N wens, structures or ntprovernenu) located in . Legal Descrp. Section .._.__4 _, Township ..__..23._... North. Range Section Nw'..etr.1 Seattle, WA 4 (W) .W'.M., ILoeatlan wllh reference to Dearest torn or well known l catltyl all or portion of which will be located upon the banks or in and over the channel or over and across the flood plain of ...Duwamish /Green , a tributary of ._....Ell iott Bay, Puget Sound (Warm of stream or bogy of water) (Name of stream or boa)• of water) King County 2 Flood Control Zone No. This permit is sought perpetuity (ln Perpnully: or. If temporary. state number of yearsl Definite location and plan of the proposed works,.structures or improvements are shown on attached sheets C -1 to C -7 and numbered ST -1 to ST -7 , inclusive, which are parts of this application. Construction will commence 3 -10 -86 and will be completed Nov. 1986 u)atrl (I)AN Legal Description Referred To Above Is Contained On Attached Remarks: Drawing ST -1. • 'SEE REVERSE SIDE FOR INSTRUCTIONS BOEING MILITARY AIRPLANE COMPANY Apoticantl By • "Plan. Examinee and Reported b) rield EoUminjtion and Application Return.0 Rroon b) for Alteration PERMIT Name Date .LCV owl —! tir. :a Rr ommenn. -c n. I I•.w.. 1 a a 3 a 1 a a 3 a 3 et • Vicinity Map River Bank Stabilization Study Boeing Developmental Center Seattle, Washington Dames & Moore Job No. 695-348 ••• I ... • � eG..arl;rf ". i� 'i� „•:..r..vn..,..r. ue.......�i -,;: ... ;:.•Y..1 •.:[ . ti: wC. �n; �, trtwr :ut:LLl�':xt'.�T:�- �ift'4Y'l%.. YIMt' {i'i YY;M^::�J.`f ,Y 1iJ:. ciRk�J. Ci ^.S1.1FY?:�;C .. i �nYnY'r,t Keil. r `L AC” f . iS.YiY+�'J�v�i{'w'e'it[�3 NMI �1.�wtjj YST'C �Y'.?•,q�l•..•- City of Tukwila John W. Rants, Mayor Department of Community Development Rick Beeler, Director MEMORANDUM To: Department Heads From: Rick Beeler Date: May 21, 1993 RE: Ox Bow Annexation BRB Submittal Review. Please review section "9.F" which discusses City services, costs and revenues. TI}is section runs from page 6 through page 10. 'Alan should also review section 9.H.7 on page 12. Comments and corrections must be submitted to Vernon Umetsu by Tuesday at 1:00 PM. I have included the entire draft for your information. A revised draft will be submitted to the Mayor on. Tuesday afternoon, and a finished document will be submitted to the BRB no later than Friday. Thank you for your help. 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • (206) 431 -3670 • Fax (206) 4313665 NOTICE OF INTENTION FORMAT As required by RCW 36.93, a Notice of Intention is hereby given to the King County Boundary Review Board by the City of Tukwila, Washington, an Optional Code City. (City, Town or Special Service District Defined in RCW 36.93.020(1) &(2).) 1. A brief statement regarding the general background of, and the reason for seeking, the proposed action. The Desimone'Trust has requested that the City of Tukwila annex its properties which lie within the Ox Bow area, as shown on the map of Attachment A, pursuant to RCW 35A.14.120 (i.e., property owner petition). The City Council reviewed this request and authorized staff to go forward on May 3rd, 1993 in Resolution No. 1255 (Attachment B). In this resolution, the Council: a. established an annexation area with logical service area boundaries, b. waived the assumption of bonded indebtedness and c. approved the applicant's request for establishing the zoning which would be adopted simultaneous with an annexing ordinance. 2. A copy of the resolution /ordinance accepting the proposal, including a copy of any resolution /ordinance adopted on an environmental impact assessment or statement. The resolution accepting the proposal is provided as A;f tachma s . 3. A copy of the SEPA checklist with declaration attached. (Statements with yes or maybe answers have to have been briefly explained in said statement.) A SEPA checklist and the determination of non - significance is provided as ttaet= C . 4. A description of the nature of the proposed action. Including the statutory provisions under which the action is being sought. See Item No. 1. L. King County Boundary Review Board Ox Bow Notice of Intention Page 2 5. The legal description of the boundaries of the area involved in the proposed action. A legal description and map has been provided in am±ii t A. 6. A King County Assessor's Map or Maps on which the area involved in the proposal is clearly indicated, with its size in acres stated, and with the entity corporate limits in said vicinity also indicated, together with the location of the nearest service point(s) for the.required services to said proposal shown thereon. Three sets of Assessor quarter section maps with annexation area and corporate limits have been provided per discussions with the Board's Executive Secretary (Wilkinson, 5/19/93) as The area is already served by water, sewer and storm drain lines. The City of Tukwila anticipates eventually acquiring public water and storm drain lines. Police and fire services will be discussed and facilities located in BRB Information Item 9.F. 7. An 8 1/2 x 14 inch vicinity map designating the area of the proposal and at least one mile surrounding it, together with all significant geographic features, including bodies of water, major streets and highways, and boundaries of all units of government in the area as they currently exist. A vicinity map is provided as ackzie 8.. A map of entity corporate limits as they currently exists, upon which the proposal has been delineated. This information is shown in attachments E<` 9. Boundary Review Board review of the factors stated in RCW 36.93.170 (a copy of which is attached hereto) as they affect the proposal requires data responses to the following questions from the proponent. A. Population, acreage, population density and per capita assessed valuation? Population is approximately 10 persons (4 residences at 2.54 persons per residence (Tukwila's 1990 occupancy rate)). There are 172 acres in the annexation area. Population density is 0.058 persons per acre. King County Boundary Review Board Ox Bow Notice of Intention B. Page 3 The area's assessed valuation is the sum of taxable lands ($39.722 million) and tax exempt lands ($1.018 million) for a total of $40.740 million. Per capita assessed valuation is $4.074 million. Existing and anticipated land uses? Private lands are almost fully developed as industrial pies or support facilities, except for a small area of a••rox seven single -a' - '• - in the extreme south end of the Ox Bow (four of which are occupied) . These areas are shown in clrie' ndustrial uses in the annexation area include a large 4* * ontainer storage /transfer yard and a maritime salvage operation in the northern half, and Boeing industrial buildings in the southern half. Across the Duwamish River to the immediate east, are associated Boeing aircraft manufacturing facilities. Boeing's east and west bank facilities are connected by two private road. )ridges. j3 n° (,4 Tr 2- Aw 414414k• 70° vs; APPe G° The annexation area is surrounded in the east and north by industrial uses, in the south by the SR -99 /SR -599 freeway interchange, and to the west by SR -99 (100 ft. and 4 lanes wide) and a steep hillside on which single amily residences are sited. Tukwila proposes to provide heavy industrial zoning (M- 2) which is equivalent to the existing County zone (MH). Between the limited development potential and similar zoning, no significant change to the existing pattern of development is anticipated. 1. Is the area within your comprehensive plan? When was your comprehensive plan approved? ,. C. The area is not within Tukwila's existing Comprehensive Plan, which was adopted in 1982. However, the area is within Tukwila's adopted "Urban Growth Area" which was adopted as part of the City's Growth Management planning process and Countywide Plan Policies. 2. Do you have a current franchise for this area? If not, do you anticipate requesting a franchise amendment to cover this area? If so, when? Tukwila has no franchises in this area. The City may file to assume a solid waste collection franchise after annexation with the Public Utilities Commission. Ring County Boundary Review Board Ox Bow Notice of Intention i-/tr Page 4 3. How does the proposal relate to the King County Comprehensive Plan, or any amendments thereto, for this area? King County has designated the entire annexation area as Heavy Industry in its Comprehensive Plan. Tukwila's proposed Heavy Industrial designation for the entire area is equivalent to the King County Heavy Industry designation. Are there any additional county policies, regulations, or studies or guidelines which have . been adopted subsequent to the County's Comprehensive Plan which .directly affect this area? The only known significant new regulation which directly affects land use in this area is the designation of the Duwamish River as a critical (environmental) area. This generally establishes a 115 ft. wide "no build" river buffer, and compares with the equivalent 40 ft. wide buffer area normally applicable in the Tukwila and Ring County shoreline master plans. 5. What is the present K.C. Zoning? All industrial areas are zoned MH (Heavy Manufacturing) with a small residential area (approx. 6 houses) zoned RS7200 (Single family). This is equivalent to Tukwila's proposed M -2 (Heavy Industry) zone for the entire area (which permits single family uses). Tukwila also proposes to establish a height exception area which would allow 115 ft. building heights. fr ;t;%; / /4'l t*e" AP. Is there a basin -wide sewer /water plan, or a County sewer /water plan affecting this area? The site is in the Duwamish River sub - basin. Water quality and sediment remediation plans are now being developed for this area. Water is provided by the City of Seattle while sewer service is provided by Val -Vue Sewer District. D. Please describe the topography, natural boundaries or drainage basin(s) of the area in question. The annexation area encompasses approximately 172 acres is flat, floodplain /way which was long ago filled. The annexation land area is generally flat, cleared of significant mature trees, except for several large trees in the southern residential area. Lands are King County Boundary Review Board Page 5 Ox Bow Notice of Intention bounded on the east perimeter by the steep- banked, Duwamish River. This land form is similar to the industrial areas across the Duwamish River on the east bank. Land areas are separated from other westerly areas by the 100 ft. wide, four lane SR -99 and steep undeveloped hillsides. The annexation proposal recognizes and uses the western right of way (R /W) boundary and steep hillside to form the western annexation perimeter. The Duwamish River represents a significant environmentally sensitive area. The annexation area is at the northern -most reach of navigable waterway on the Duwamish River. There is significant water and sediment contamination from existing and past outfalls, the bank requires stabilization along several segments, an Indian tribe is interested in re- establishing a salmon run in a now degraded stream /slough which may affect the urgency of sediment clean -up, and the riverside is desired as part of a regional trail system. Off -site drainage from westerly (up -hill) properties is intercepted by the SR -99 drainage system and outfalls to the Duwamish River. This area lies within the Duwamish River basin. Drainage within the annexation area is almost all privately owned, and flows to the Duwamish River. The small residential area has no drainage, with residents relying on surface flows to the river. Standing water in residential area depressions is a common occurrence. E. What significant growth have you projected for this area, (as well as the surrounding incorporated and unincorporated areas of King County), during the next ten (10) year period? What source /documents is the basis for this projection? King County is anticipated to increase its employment level from 966,186 in 1990 to a maximum of 1,308,182 in 2010 under a GMA 12 Urban Center scenario'. Households are anticipated to increase from 615,792 in 1990 to 858,300 in 20102. Growth in the Ox Bow annexation area is not anticipated to be significant as discussed below. "Puget Sound Regional Council, 9/92, "King County Household and Employment Estimates and Forecasts, 1990 - 2010." 2ibid . King County Boundary Review Board Page 6 Ox Bow Notice of Intention The Boeing Company is the primary user of the annexation area which is located in the Duwamish industrial corridor. The "Boeing Duwamish Corridor Redevelopment E.I.S." has just been completed (City of Tukwila, 4/93). Boeing use areas are shown in Boeing employment in this corridor peaked at 40,000 in the early 1960's, and is approximately 21,400 today. Additional employment to a stable 25,000 is projected. No significant increased employment due to Boeing is thus anticipated in the Ox Bow. Some additional development on other properties can be expected in the long -term. There are two vacant parcels with a total of 8.94 acres and a trailer leasing operation on 6.35 acres may be expected to be redeveloped to a higher intensity use. F. Describe briefly how, when, and from where you propose to provide service to this area. UTILITIES Utilities in the annexation area were analyzed by the Public Works Department (Fraser, 5/5/93). Utilities are generally now at an urban level. Public Works Department conclusions are summarized below. 1. Water is from the City of Seattle via a 20 inch transmission line and a 12 inch distribution line. No infrastructure upgrades are anticipated to serve the area. Any upgrading needed to support full build out would be paid for by the developer. City assistance may be provided in forming or supporting an area -wide improvement district. 2. Sewerage is from the Val -Vue Sewer District via a 6 inch force main serving all industrial properties. No infrastructure up- grades are anticipated to serve the area. Any upgrading would be treated similarly as water facilities. Residential properties are served by septic systems which do not satisfy King County Dept. of Health standards. Property owners had previously declined to participate in sewer improvements due their perception that residential uses were temporary (Matlich, Val Vue Sewer District Engineer, 5/10/93). 3. Storm drainage on public road area is provided by the State Department of Transportation. Drainage from private properties use privately owned lines on private property. The entire area is subject King County Boundary Review Board Ox Bow Notice of Intention to the King County Surface Water Utility and its fees. Page 7 The storm drainage system consists of open ditches and enclosed lines serve the annexation area except for residential properties to the south. All drainage flows to outfalls on the Duwamish River. Residential properties do not have formal drainage facilities, but depend on natural over land drainage to the river. Standing water in depressions after a rain is not uncommon. Improvements to the existing public drainage system are anticipated to cost $25,000 to $30,000 with annual costs of approximately $8,900. No private system costs are anticipated since upgrading to public standards would be required prior to acceptance.. Upon annexation, King County Surface Water Utility fees would be replaced with City of Tukwila Storm and Surface Water Utility. City fees are generally two - thirds of what is now charged. Tukwila would incur a one -time annexation related cost of $6,300 to incorporate the area into the surface water utility. Approximately $37,000 in annual City utility revenues would be generated by the area. This is greater than the current estimated cost of drainage improvements and annual maintenance. Tukwila anticipates acquiring the water and sewer lines and become the direct provider in the long- term. The City may also assume responsibility for existing public drainage facilities. The drainage issue is complicated by possible liability for clean -up of water quality and sediments in the Duwamish River. Although King County has been the local agency responsible for regulation, Tukwila may be exposed to some level of financial liability for clean -up as the existing local government. Tukwila's existing exposure as the local government regulating east bank uses, and the marginal increase in exposure as a result of this annexation is a legal issue to be determined. The City of Seattle and Metro have already contributed $25 million under a consent decree, for river clean up. A very rough estimate of total clean up costs is $50 million. Further King County Boundary Review Board Page 8 Ox Bow Notice of Intention administrative and judicial action to complete river clean up is anticipated in the near future. ROADS The Washington State Dept. of Transportation currently owns West Marginal Place, the primary area roadway, while King County owns a small cul -de -sac (27th Place S.). WSDOT is now discussing deeding local roadways back to the County. Tukwila will be entering these discussions as part of the annexation review process. Upon annexation, the County would withdraw from negotiations. Local road pavement (i.e. West Marginal Place S. and 27th Ave. S.) is in good condition. Sewers and storm drainage is provided. No significant upgrading is anticipated. Annual maintenance is estimated at $8,072. BANK STABILIZATION King County shares responsibility with various State agencies for regulating this situation. Tukwila would become the local regulatory agency upon annexation. Approximately 500 to 1,000 linear feet of river bank is in need of repair. This could cost between $50,000 and $250,000. Primary responsibility for river bank stabilization lies with the property owner. POLICE Police service to the annexation area is now provided by the King County Sheriff's Dept. as part of a larger patrol district which is estimated to include the Skyway /Boulevard Park /Burien area. Standard practice is to assign one patrol car per district. Upon annexation, Tukwila would provide police protection. Tukwila police service to the general City is provided in four patrol districts, with 4 patrol cars, one roving car (as feasible) and a supervising Sergeant who provides additional back -up. These 5 -6 officers serve an 8.5 sq. mile area. Emergency response time now averages 4 minutes, while non - emergency response time averages 15 minutes. Tukwila would provide police protection to the annexation area through its incorporation into the North Patrol district. No additional staff, equipment or facilities are anticipated. FIRE Fire service is now provided by Fire District No. 11 from its White Center Station at S. 128th St. and Des Moines Way South. Upon annexation, the Tukwila Department would assume this role. Primary response would be from either the Allentown Station (No.53) at 12026 42nd Avenue S. or the Foster Station (No. 54) at 4237 S. 144th Street. t:3:41' � � , 4.:.:'' ✓)`r!LY: t;: _ a;:l °.....i�Tx,•. _,:w- .".Yit', ,'d,t. King County Boundary Review Board Ox Bow Notice of Intention .r•..•:.M1::'n'•.r,�.,�:4'Wttt, 1"i.?'0. 15:...' tc j` ME :>:7f.".M�i'✓..'ikit:1V.I.. :�k t'.:.*'!„'v,� %�.�.. ... C, Page 9 Fire response time would be 2.5 minutes from the Allentown Station and 5 minutes from the Foster Station. Emergency medical response would be 2.5 minutes from both stations. No additional staff or equipment is anticipated to serve this annexation. PARKS AND RECREATION There are no existincevtacilities in the annexation area at this time. However, a regional trail and associated park, encompassing the all existing residential areas, is planned in the immediate future by King County. The annexation will not affect this regional facility. The Parks and Recreation Dept. estimates needing an additional $5,300 for trail maintenance��-y.o '' peo r I. 'or, ..•..,... ,�.lf - ►,,.+%I GENERAL GOVERNMENT General governmental services are now provided by King County from downtown Seattle which is 25 minutes away, by car; with property development services located in the East Gate area which is 40 minutes away by car. Upon annexation, all general governmental services would be provided from Tukwila City Hall at 6200 Southcenter Blvd., approximately 10 minutes away. No additional staff or equipment is needed to support the annexation except for K.'.,) co. A, of? s 74 S ��.�,- I ?r Acts A, j r: -�7s� GO# -4 of A. 1,4E4%7 , 4E4 r-e King County Boundary Review Board Page 10 Ox Bow Notice of Intention A summary of anticipated Tukwila costs is shown below: TUKWILA COSTS DUE TO OX BOW ANNEXATION (5/21/93) MAX. ONE TIME / ANNUAL TOTAL ITEM CAPITAL COSTS COSTS COSTS GENERAL FUND COSTS AND REVENUES Utilities Water 0 0 0 Sewer 0 0 0 Roads 0 $8,100 $8,100 River Bank Stab. 0 0 0 Police Service 0 0 0 Fire Service 0 0 0 Parks and Rec. 0 $5,300 $5,300 General Gov't. 0 0 0 Total 0 $13,400 $13,400 Total Annual Revenues $113,0003 Net Annual Annexation Revenue $ 99,600 SURFACE WATER UTILITY COSTS AND REVENUES Total $7,2604 $8,900 $16,160 Total Annual Revenues $37,000 Net Annual Annexation Revenue $20,840 TOTAL NET ANNUAL ANNEXATION REVENUE $120,440 Tukwila staff concludes that the quality of governmental services from the City is at least as high, if not higher, than that currently provided. Tukwila is able use its smaller service area and good tax base to: provide several times the number of police officer hours in the same area as is now being provided, enhance the convenience to general government services, provided permit review times that are significantly shorter without sacrificing quality and make a small reduction in the property taxes paid. 3$2.83 property tax per $1,000 assessed valuation X $39.8 million taxable property in the annexation area. 4$36,300 (= $30,000 Facil Imp. + $6,300 Start -up Costs) amortized over an assumed five year implementation period is $7,260. King County Boundary Review Board Ox Bow Notice of Intention Page 11 G. Cite the location and most desirable future location of all community facilities affecting this area. There are no significant Tukwila facilities located or planned to be located in this. area. However, a regional trail system is planned to run through this area along the river bank, and a small associated park is planned in the south residential area by King County. The annexation will not affect either of these regional projects. H. Briefly give your response to the following: 1. Any present municipal services available to the area, and the estimated future need for such services. Tukwila does not now provide municipal services to this area. Area demand for additional governmental services is anticipated to focus on property development services as discussed in 9.B. No additional staff, equipment or facilities are anticipated to be required by the proposed annexation. Minor infrastructure upgrading is anticipated. 2. The effect of County ordinances, other governmental codes or regulations, on existing land use in the area, and /or provision of services to the area. Two great concerns by property owners are the affect of a 1991 sensitive areas ordinance (KCC 9614) which establishes a defacto 115 ft. wide "no- build" zone from the river, and the historically "long" time for permit review. These comments were made by property owners at a public information meeting or during informal discussions with business owners visits to the annexation area. 3. Indicate the present cost and adequacy of governmental services (including the County - provided services). How will this proposal measure against such costs? This annexation will not increase or decrease the cost of serving this or adjacent areas. The primary public services provided to the area, their estimated costs and Tukwila revenues have been described in 9.F. The cost of County services is primarily paid for in road taxes ($1.48) and a fire district levy ($1.50) for a total of $2.98 /$1,000 of property King County Boundary Review Board Ox Bow Notice of Intention Page 12 value. The cost of equivalent Tukwila services is $2.83/$1,000 of property value. Property owners could expect a negligible reduction in taxes of $0.15/$1,000. Tukwila's storm and surface water utility charges are approximately 33% lower than King County utility charges. 4. Is there any other municipal entity capable of providing the subject service to the area? (This includes overlapping, adjacent or in close proximity to the subject area.) The City of Seattle lies over one -half mile to the north, the City of SeaTac is about one mile to the south, and the City of Burien lies about 2 -1/2 miles to the west (see attac nts p "<t ough It is possible that the City of Seattle, by annexing an area about twice the size of this proposal, could reach southward to abut the northern site boundary and then be able to annex. 5. What is the probable future need for such services as the entity is proposing for this area? Urban level services such as provided by the City of Tukwila will be needed as the area develops, as discussed in 9.B., E. and F. 6. What is your estimate of the effect of this proposal, or any alternative thereto, on cost and adequacy of service to this and adjacent areas? This annexation will not increase or decrease the cost of serving this or adjacent areas. Tukwila roughly estimates the annualized capital and maintenance costs to be $29,560. An unknown cost item is Tukwila's liability for Duwamish River water and sediment clean -up as a result of annexation. Program cost estimates have easily reached $50 million with Seattle and Metro already contributing $25 million in an out of court consent decree. Additional litigation is almost certain. 7. What effect will this proposal will have on the finances, debt structure and contractual obligations and rights of any other affected governmental unit? King County's road fund will be reduced by approximately $58,788.71 annually, based on the existing levy rate of $1.48/$1,000 of property King County Boundary Review Board Ox Bow Notice of Intention Page 13 value and $39,722,100 in taxable annexation area property. Fire District No. 11 revenues will be reduced by $59,583.15 annually based on the same rationale and a levy rate of $1.50/$1,000 of property value. No other affects are anticipated. J. Please review the effect this proposal will have on adjacent areas, on mutual economic and social interests, and in particular, on the local governmental structure of the County. The relative physical isolation of this area (see 9.B.) reduces secondary impacts on economic and social ties with adjacent areas to an absolute minimum. The only exception is the improved tie between east and west bank, Boeing facilities due to their being under one jurisdiction. Tukwila's annexation of this urbanized area within the adopted Urban Growth Boundary, is consistent with the Growth Management "Countywide Planning Policies." These policies have been adopted on a regional basis by the King County Council, the City of Tukwila and a majority of cities in the county. 10. A review of the effect of this proposal upon the objectives of the Boundary Review Board Act (RCW 36.93.180) shows this proposal will meet the following objectives for the reasons cited: The proposed annexation is consistent with the following "Objectives of the Boundary Review Board" (RCW 36.93.180). (1) Preservation of natural neighborhoods and communities; Boeing operations currently occur on 74% (58.7 acres) of the total 79.8 acres of private land in the Ox Bow area. This area is an integral part of Boeing operations which occur on the east bank of the Duwamish River. They have the same terrain (9.D.), similar development patterns (9.B.) and are physically linked by two private vehicular /pedestrian bridges. East bank Boeing employees also park on Ox Bow properties. The Ox Bow annexation will bring under one jurisdiction all Boeing activities in this stretch of the Duwamish River (tchet4). The proposed annexation brings together'a commercial neighborhood under a consistent set of development standards and service providers. Ring County Boundary Review Board Page 14 Ox Bow Notice of Intention (2) Use physical boundaries, including but not limited to bodies of water, highways and land contours; The proposed western boundary uses the western edge of the SR -99 right of way. Separation from properties further to the west is provided by a steep, undeveloped hillside which rapidly rises to the Boulevard Park neighborhood. All other annexation boundaries abut the existing Tukwila city limits. Therefore this criteria is satisfied. (3) Creation and preservation of logical service areas; Annexation of the Ox Bow into Tukwila, would put this area under the same standards and service providers as the nearly identical areas which lie just across the river on the east bank. Boeing would be able to deal with one set of providers for their complex and government would be able to achieve a higher degree of coordinated response to service needs and development proposals. Emergency response and road maintenance would also be simplified by the SR -99 /SR -599 interchange under one jurisdiction. (4) Prevention of abnormally irregular boundaries; The proposed annexation will not result in irregular city boundaries. It will improve the rationality of the Tukwila's boundary in the SR -99 /SR -599 area by placing the entire interchange in the city, instead of having the boundary run through it. (8) Incorporation as cities or towns or annexation to cities or towns of unincorporated areas which are urban in character. The annexation of this urbanized industrial area to Tukwila satisfies this objective. 11. The required $50.00 filing fee. ii :xy.,:ea- ...i..r.e..�.:xs, vw...., ...x:x�'.....uv:xr.•.. r.. �% f?�s`:,.....:'. �6: v{ Yti;': :`P."'t'C:�.thiigh2:i:v`:li'.tiY vt.tV0.1g4 :V. ,.v. ;+,w et '4,' v .p,. z a^;udal'fM*isranx �.. dt7a JC: xrCtw ^}5t':x,�Y!h`4S4;Y4'::,n3VISt. d:'t*'J'tip " ,N „F..”' .'n�4- .':ii:%",6`F: ... C • 1471; King County Boundary Review Board Page 15 Ox Bow Notice of Intention Notices, processes and other communications regarding this proposal should be directed to the undersigned at the Tukwila Department of Community Development; 6300 Southcenter Blvd.; Tukwila, WA; 98188, who will endure that appropriate copies are distributed to all initiator's interested parties. Respectfully submitted, (Initiator under RCW 36.93.020(1), (2), and Board Rules I -B -3, 1 and 2.) BY: (Title and Capacity) ///////////A\-0-2---4'• J / NO SCALE DRAFT OXB� EA JNEXATION AR • BOUNDARY ���y ^ r..7i y �,� TT � ;;: :.;fir ..% y� Y�j' ` Wit',..,, '. .S•�tJ /��„�'��'�:: •' • • 1ir'iiri�� ' /i l.s�x�a %'; " •^-.'} ..755i/ • M^.Y, rte, t j ' =�1 y,sygn'Si` °t. nL h;��` y �- : if , ••••;5. 6d. ' ,11: '1? �/� r �-- •rte-'! -' y., `ly` � • r!(7:7:/1 ''jT , s : y- :/;,:nr.t' • l fl y �:,...* / t � / ill: -- %/. C'•�•{,,) � /�,• � / i�j•'� i l.,i�:�::5';ry., � , J r. ::::!:::7 --- _'�r•:/i{��J _U 1 1!,� �•. //''1''- /•/, •'.%r .:/r���ia ^- .'.:...4ji�, i„ti - ^•. ; /i f ) o ?�.i'.•S'L:& - ,i�'� rS-f �';�V•�v \ t �j'�1 // 'r; j t j ' -•, : r �' �'T'��',7.�,�n � /j/ /1� 3... i . �i^ .� tj':'a' $; iir�1ar P� // /I >/ 4= t tom.. t ,-rt s_1 s: ':.'r3.jY �t2�. �:`t . •;� /�.�`';`•`. J )l +�>, ti /1 i.-- ��' 7,7;a)// / ;i7 {gypa :Z••r�'S'li'', �,,{��:i ;C-'� �r" >,• J ! 1 i _J r, k:it� •c •77, '�,'>>,, jC�j. % /j /�} / '){ #�' y;''1'• {fl�,�: +� J'i: '}It`w x / {y v7' > S // / .J. : l •... j'1 =.1' r�i;,;� a- f')c•% �� // y i �ij_ii_ ;_• /..; i• lam'./ `! >%/h. ,1 i, yam' : ' % +;rr=� `��; r /� �. / I .t it t : -,7---_,_ -� ` tr,,ti .14h.,14::.",),•;.)--'&7' i)• /l �, / % / /'% � 1 >'�> , :; /'. �,,, �' ',.-1-1-7Y1). ✓J r r.J'j_r,1l �) '�rr,:i=s')9 j )�i 1 / *• l� // >. 1/ / ter ;^+.. 1= . , _ `. (' -�, �•'"'� p \ f � 1!s? �^�' -t!') i.t�_..{� r.r, e /. • .} � / %r� / /� tJ�. : // ;11� ^ '4 r--2---A---- (j .2.l r+� 1j. li jS,')t} l l) , > >' . % /i.�i� ` ... i/' ; ; / J.c; :%:. ' 1 • i \- ' -ji\ -C-' .-. `J�1,', i .. ,) - . j,tr,� {!j „s� j. • }�I j��:. �. %�. :•}• % �?.: �' • • • / j fl , / /'!- S :rci7 i v it ”. ,yf5 t.i'•t: !1, .1_.-.• tr' '' :,\ w /mac, ' /// �,., _ s\��$ l'�1� � j-Y /: ; :: {! j!Yr =•� '-^, "���•ia�';�T rjj '.� /�• %b • i t � tt 1.+•� f r /lt ) t,,r• .-1 Y'\ �ti1: . r �), 1. ::.i� }•. %t ,' / Jrs�er i'kr /j r• l;%t i ^;' /;A: // � \� • �• 1 �• 5. • - BURIEN • I. ..,_qr to ".. ;4._5:1 °:Sai....' -.f' 1 °r.; April 21, 1993 REV. LEGAL DESCRIPTION"'' for OXBOW AREA BETWEEN WEST MARGINAL WAY AND THE DUWAMISH WATERWAY BEGINNING at the intersection of the south line of the John Buckley Donation Land Claim number 45 and the westerly right -of -way line for Primary State Highway No.1 (S.R.99) as shown under Deeds, volume 4099, page 666, Records of King County, Washington, in the northwest quarter of Section 4, Township 23 North, Range 4 East, W.M.; Thence northerly along said westerly margin to the north line of tract 55 in Moore's Five Acre Tracts as recorded under volume 9, page 28 under Plats, records of King County, Washington; Thence easterly along said north line of tract 55 and continuing along the easterly extension thereof to the thread of the Duwamish Waterway and the existing Tukwila City Limit Line (Tukwila Ordinance 1503 and 1515); Thence southerly along the thread of the said Duwamish Waterway and River also .being the existing Tukwila City Limit Line to the west margin of Pacific Highway South (State Rd. No. 1); Thence southerly along said west margin and existing Tukwila City Limit Line to the south margin of South 116th Way (South 116th Place); Thence westerly along said south margin to the west margin of West Marginal Way; Thence northerly along said west margin to the north margin of South 116th Way (South 116th Place); Thence northwesterly along said north margin to the westerly new right -of -way line and Limited Access line for Primary State Highway No. 1 (S.R.99); Thence northerly along said westerly right -of -way line to the POINT OF_BEGINNING. rz.........•x:,F. City of Tukwila Washington Resolution No. /a g4 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, TO AUTHORIZE. PROCEEDING WITH THE DIRECT PETITION ANNEXATION OF CERTAIN PROPERTIES AND INITIALLY ESTABLISHING ANNEX- ATION PROVISIONS. WHEREAS, the owners of certain properties (as described in Exhibit A) have submitted notice of their intention to commence annexation proceedings to the City of Tukwila (Exhibit A), and WHEREAS, this notice has been submitted pursuant to RCW 35A.14.120 and is on file with the Tukwila City Clerk, and WHEREAS, the City Clerk has certified that said owners represent not less than 1010 of the value of property in a potential annexation area (Exhibit B), and WHEREAS, the City Council is required to meet with the property owners giving notice, to initially establish annexation provisions pursuant to RCW 35A.14.120, and WHEREAS, initial conditions are subject to later modification by the Council after detailed review, but must be finalized prior to circulation of an annexation petition to all property owners, and WHEREAS, City staff has reviewed their initial findings with the City Council; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: Section 1. Approval to Proceed. The City Council hereby approves staff proceeding with the Direct Petition annexation process pursuant to RCW 35A.14.120. Section 2. Initial Annexation Provisions Established. The City Council hereby establishes the following initial annexation provisions, subject to later review: A. The annexation area boundary shall be as described in Exhibit C, B. Assumption of bonded indebtedness shall not be required, and C. Simultaneous annexation zoning shall be established. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a regular meeting thereof this, 3 = day of ,1993. Steve Lawrence, Council President APPROVED AS TO FORM: B c. y: ����; i" /Y. Office of the City Attorney Filed with the City Clerk: - A9. 9_ Passed by the City Council: 5 - 3 -J 3 Resolution Number /M 5 ,S ATTEST /AUTHENTICATED: e E. Cantu, City Clerk November 24, 1992 Honorable John W. Rants Mayor, City of Tukwila 6200 Southcenter Blvd. Tukwila, WA 98188• • Honorable Allan Ekberg City Council President City of Tukwila 6200 Southcenter Blvd. Tukwila,'WA 98188 EXHIBIT A Re: Potential Annexation Our.Asset No. 6503520 Dear Mayor Rants and Council President Ekberg: As has been previously discussed with representatives of the City of Tukwila, please accept this letter as notice of our intent to begin annexation proceedings relating to what is commonly -known as the Oxbow area. This area abuts the City of'Tukwila and is located generally to the west of East Marginal Way at approximately the Boeing access road, and to the east of West Marginal Place South. In conjunction with other property owners in this Oxbow Area, whom we understand will also be submitting requests similar to this one, we would like to.consider circulating a petition for annexation of this property by the City of Tukwila. Please set a hearing within 60 days after receipt of this notice so that we may determine the specifics of the annexation petition. Very truly yours, SEAT B FIRS.T- Th , N' /BANK AS 4 r.L.1 • President Richard H. Anderson, C.P.M.,R.P.A. Vice President /Special Accounts Very truly yours,. Mondo Desimone as ' o- Trustee Under the Last Will and Testament of Giusepee Desimone, Deceased 1:1,11) i��. )'7'/Le .. , Rosh D. Maselli as Co-Trustee Under the Last Will and Testament of Giusepee Desimone, Deceased • November 24, 1992 Honorable John W. Rants Mayor, City of Tukwila 6200 Southcenter Blvd. Tukwila, WA 98188 Honorable Allan Ekberg City Council President City of Tukwila 6200 Southcenter Blvd. Tukwila, WA 98188 1 r Re: Potential Annexation Our Asset No. 6500161 Dear Mayor Rants and Council President Ekberg: As has been previously discussed with representatives of the City of Tukwila, please accept this letter as notice of our intent to begin annexation proceedings relating to what is commonly known as the Oxbow area. This area abuts the.City of Tukwila and is located generally to the west of :East Marginal Way at' • approximately the Boeing access road, and to the east of West Marginal Place South.' In conjunction with other property owners in this Oxbow Area, whom we understand will also be submitting requests similar to this one, we would like to consider circulating a petition for annexation of this property by.the City of Tukwila. Please set a hearing within, 60 days after receipt of this notice so that we may determine the specifics of the annexation petition. Very truly yours, SEATT CO- B IRS By ichard H. Anderson,C.P.M.,R.P.A. Vice President /Special Accounts ANK , AS President Very truly .yours, 0‘,M.;././2.c /717;;;* , sit'--r"' Mondo Desimone as Co- Trustee' Under the Last Will and Testament of Giusepee Desimone, Deceased v+:,u?u.1: .;ham %t^.urti, ° ^.at:;i:, ate; EX. ' 4.` �k" �.' �vYSSt. k:,: 5; 95rt: �± is5sr"' µs: 7ctraiM:cmi<: w.< sMrAJ. a sscctr: u^ .X:sc'7s!tt-?'.li.,rs'rifi�iu .t��` »"�{!a�:�s• .. 727 (_� ' ) ri r :,/ r Rose D. Maselli as Co- Trustee Under the Last Will and Testament of Giusepee Desimone, Deceased �prgs1 Q01,5. Katherine M. Desimone, • Individually Katherine M. Desimone as Trustee Under the Last Will and Testament of Richard L. Desimone, Deceased 1,11\R 81953 �L i Lbri i\ i -L : , I + November 24, 1992 Honorable John W. Rants Mayor, City of Tukwila 6200 Southcenter Blvd. Tukwila, WA 98188 Honorable Allan Ekberg City Council President City of Tukwila 6200 Southcenter Blvd. Tukwila, WA 98188 Re: Potential Annexation Our Asset No. 65000153 Dear Mayor Rants and•Council President Ekberg: As has been previously discussed with representatives of the City of Tukwila, please accept this letter as notice of our intent to begin annexation proceedings relating to what is commonly known as the Oxbow area. This area abuts the City of Tukwila and is located generally to the west of East Marginal Way at approximately 'the Boeing access road, and to the east of West Marginal Place South. In conjunction with other property. owners in this Oxbow Area, whom we understand will also be submitting requests similar to this one, we would like to consider circulating a petition for annexation of this property by the City of Tukwila. Please set a hearing within• 60 days after receipt of this notice so that we may determine the specifics of the annexation petition.. Very truly yours, • Very truly yours, Richard H. Anderson, C.P.M.,R.P.A. Vice President /Special Accounts n -t) 7.: )./ •u,,: -C� Mo�ido Desmone as Co- Trustee Under the Last Will and Testament of Giusepee Desimone, Deceased .J Rose D. Maselli as Co- Trustee Under the Last Will and Testament of Giusepee Desimone, Deceased 1t...•wl'2 -tom{ rMondo Desimone as—Co- Trustee Under the Last Will and Testament of Assunta Desimone, Deceased c- -e _ ) 7 _: _e J Rose D. Maselli as Co- Trustee Under the Last Will and Testament of Assunta Desimone, Deceased EXHIBIT B ai El J1 M; y IDE WELL Cf.1! F) MI a"•- '4• In In.. • w; 5oc /6 / RICHARD DESIMONE TRACT (C 8.10 acres 4,•„, (FOR LEASE) • c, • �qrt Y�Cy ff 'i3 u.,'Yx;n.S.Y:N!'p. 1'1.11 yr.y.,r+r+.•�'Q 4 ".�'.{.'..r7FT +� t�:'. CERTIFICATION The undersigned, for and on behalf of the City of Tukwila, certifies that owners of certain properties have given notice of their intention to commence annexation proceedings to the City of Tukwila. These owners represent not less than 10% of the assessed value of property in the proposed annexation area generally known as the Oxbow Area, lying between West Marginal Way and the Duwamish Waterway (legal description attached). Cantu, City Clerk Date April 21, 1993 REV. 4,. LEGAL DESCRIPTION for EXHIBIT D OXBOW AREA BETWEEN WEST MARGINAL WAY AND THE DUWAMISH WATERWAY BEGINNING at the intersection of the south line of the John Buckley Donation Land Claim number 45 and the westerly right -of -way line for Primary State Highway No.1 (S.R.99) as shown under Deeds, volume 4099, page 666, Records of King County, Washington, in the northwest quarter of Section 4, Township 23 North, Range 4 East, W.M.; Thence northerly along said westerly margin to the north line of tract 55 in Moore's Five Acre Tracts as recorded under volume 9, page 28 under Plats, records of King County, Washington; Thence easterly along said north line of tract 55 and continuing along the easterly extension thereof to the thread of the Duwamish- Waterway and the existing Tukwila City Limit Line (Tukwila Ordinance 1503 and 1515); Thence southerly along the thread of the said Duwamish Waterway and River also•being the existing Tukwila City Limit Line to the west margin of Pacific Highway South (State Rd. No. 1); Thence southerly along said west margin and existing Tukwila City Limit Line to the south margin of South 116th Way (South 116th Place); Thence westerly along said south margin to the west margin of West Marginal Way; • Thence northerly along said west margin to the north margin of South 116th Way (South 116th Place);. Thence'northwesterly along said north margin to the westerly new right -of -way line and Limited Access line for Primary State Highway No. 1 (S.R.99); Thence northerly along said westerly right -of -way line to the POINT OF BEGINNING. rtuvKC ► 0 ow Annexation ..yam• , Location Map NO SCALE 1.". .:...• DRAFT OXBO_: ANNEXATION AREA BOUNDARY • .e BURIEN p.pprox. 2.2 miles .• . :1 • if\ • .116•4 El!!"..' Ithwt." \ I • • awrir 1/141117litis% • ..f ,ANNIEXATION 130UNDA •1•.1i11-17.1 P.) .. 71.L4sj_j ; .411- uyil A MISf -r• .4•' I H:GHI rr. • . • RIGHT .OF WAY ZERO...ALUE ..FOR TAXATION • . . . . 1. • . T.).U13:LIC ion APPROX. SCALE 1"=800' .• S ePA CHI SST d_ � KI • l� rrM6flT*b 3 SETS F A-ss asoiL SCTf6<1fMP5 0 __Tukwila Sewer Rainier Vista Sewer Renton Sewer E ValVue Sewer E Normandy Park Sewer +1 Skyway Sewer �: "Des Moines Sewer D Kent Sewer El B• ryn Mawr Sewer 0 S• outhwest Suburban Sewer 1111111 1 1 1111111 g11 1 Em it � - MEP iiill EP LPIIkE tLo 11n of Illll!1 tliu :U111 /111 a '1.;, �� mel��yml lrlin I1 , T 111 ItiN iiPccinh -111►a 11 MR I Nio4 ,t4 1L;rintsrallill ,, illill=freq BURIEN o�;'18�1� • '.f irranni AM" -se- 1116 EE ,r te 11���"' � AB ®AI 11211 1/14‘0111 1 t- • ��t► AIII ' ,, grAlariNKVI SIVE •' - , /� I �.n 'L'It1iuii 1 PuWr B..ch - �' ! EI REieiM nAtlC�il: 14P N.1,110 1011\ortA,--. • CAI 1111► 111111%1 405 RENTON1 1. r, Puget Sound r: R MA �l ormAN Bt /VI 1711,=1 „ KING ` ,�� KENT/ COUNTY) �%— ��I`i •mil • IDrainage Basins 111111 111 1111111 11111 i 1 111111 III+.�t�liil�l111M1/4 11 ilkmiumurolg i1 �1!!IEi1P_ . a In[�tilllim i tll III{ �nE , : ���!l�Ilpur Puget Sound 110 FIRE STATION LOCATIONS School Districts I 1111111 ml Elm 11_2!1111111 lI �p.WIIlllI 1 I1P 15111 MILE! AIIM11111 1 I II A\3, .S •- ERIPM ram fWill Iiit ►. EAa it.•roer b..ch 1 NO T MI :ED we Em rt a i• a a eits" 114 @111! `' . ��7:I I:' t�•l II RENTON / 'SCHOOL }DISTRICT I • Southce,uer 1.;, ;; M:41 , - HIGHLINE R . 'SCHOOL DISTRICT Puget Sound Legend RENTO as#1 • h t�Z MA 4 Yr School District Boundaries • BemlMiddle Schools o High Schools A Other District Facilities 1 • tl I i`rI NT W AIM 11 L.. ES MO1NES •, Its \ /KING\J KENT COUNTY ( KENT SCHOOL DISTRICT —' So. s • Ast" (2°.• • • • Albro P1. • • • . • w '7 \ wH- -I r— v Z LLLU2 P. cl) z 0) arc c c 75 -5 2 41( 20 0) g 7, a .= o .c w .c E OLuc' LuF5)(0cLz- x c al Note: This illustration represents uses proportionately by site and does not include accessory uses such as parking and storage. City of Tukwila John W. Rants, Mayor Department of Community Development Rick Beeler, Director MEMORANDUM TO: Linda Cohen FROM: Rick Beeler, DC DATE: May 18, 1993 SUBJECT: Oxbow Annexation - Duwamish River Clean -Up What could be a significant issue in this annexation is the potential liability Tukwila could incur for the Duwamish River clean-up project already pre - funded by Seattle and Metro for $25 million. The Oxbow property has approved and unapproved storm drainage outfalls into the river for a combination of public and private storm water - all handled previously by King County. Once Tukwila annexes the property do we automatically incur the responsibility for these past actions of the County? This clean -up project is like the battleship Missouri suddenly rising up from the river bottom. A significant lawsuit is waiting to fire and significant amounts of money are needed for the clean -up. Phil Fraser recently attended a seminar where the State Attorney General opinioned that the public is liable for all of this storm drainage. Seattle dissented. This is fertile ground for the aforementioned lawsuit. Phil estimates the clean-up will cost another $25 million. We need to minimize our share of those costs. REQUEST: What do you feel is Tukwila's liability for the clean-up relative to the Oxbow annexation? Is this liability any ore than we now have? How should we handle this issue during and after the annexation? RECOMMENDATION: Consult with Seattle Prosecuting Attorney's office for their experience/background. They must have a large file to have offered up a share of $25 million. We should meet with Wally, John and Ross Earnst with your findings and opinion. Thank you. cc: Mayor /John McFarland Ross Earnst Phil Fraser Vern Umetsu 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • (206) 431 -3670 • Fax (206) 431-3665 City of Tukwila Washington Resolution No. /? cS A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, TO AUTHORIZE PROCEEDING WITH THE DIRECT PETITION ANNEXATION OF CERTAIN PROPERTIES AND INITIALLY ESTABLISHING ANNEX- ATION PROVISIONS. WHEREAS, the owners of certain properties (as described in Exhibit A) have submitted notice of their intention to commence annexation proceedings to the City of Tukwila (Exhibit A), and WHEREAS, this notice has been submitted pursuant to RCW 35A.14.120 and is on file with the Tukwila City Clerk, and WHEREAS, the City Clerk has certified that said owners represent not less than 10% of the value of property in a potential annexation area (Exhibit B), and WHEREAS, the City Council is required to meet with the property owners giving notice, to initially establish annexation provisions pursuant to RCW 35A.14.120, and WHEREAS, initial conditions are subject to later modification by the Council after detailed review, but must be finalized prior to circulation of an annexation petition to all property owners, and WHEREAS, City staff has reviewed their initial findings with the City Council; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: Section 1. Approval to Proceed. The City Council hereby approves staff proceeding with the Direct Petition annexation process pursuant to RCW 35A.14.120. Section 2. Initial Annexation Provisions Established. The City Council hereby establishes the following initial annexation provisions, subject to later review: A. B. C. The annexation area boundary shall be as described in Exhibit C, Assumption of bonded indebtedness shall not be required, and Simultaneous annexation zoning shall be established. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a regular meeting thereof this =� day of A.er, ,1993. Steve awrence, Council President ATTEST /AUTHENTICATED: e E. Cantu, City Clerk Filed with the City Clerk:. .*/,0.q 9. 9'3 Passed by the City Council: - Resolution Number //..:1 c i APPROVED AS TO FORM: Office of the City Attorney ArrA (C1/ 11" LEGEND Labs/Offices Avionics Mechanical Electrical Structural Noise Material Quality assurance Aeronautic Office Executive Professional Engineei:ng Support Training Manufacturing Fabrication Sub -assembly Final -assembly Production manufacturing Development manufacturing Flightline Engine testing Paint hangar Fueling Existing Aircraft Road crossing points Note: This illustration represents uses proportionately by site and does not include accessory uses such as parking and storage. Figure 3-1 EXISTING%lSITE U am p:- FINAL ENVIRONMENTAL IMPACT STATEMENT FOR BOEING DUWAMISH CORRIDOR REDEVELOPMENT PROPOSAL City of Tukwila Department of Community Development Prepared in Compliance with the State Environmental Policy Act of 1971, Revised Code of Washington 43.21c and SEPA Rules, April 4, 1984, Chapter 197 -11 Washington Administrative Code Date of Issue: April 30, 1993 RECEIVED APR 3 0 1993 DEVELOPMENT ..., DRAFT ENVIRONMENTAL IMPACT STATEMENT FOR BOEING DUWAMISH CORRIDOR REDEVELOPMENT PROPOSAL City of Tukwila Department of Community Development Prepared for the Review and Comment of Citizens and Government Agencies in Compliance with the State Environmental Policy Act of 1972, Revised Code of Washington 43.21c and SEPA Rules, April 4, 1984, Chapter 197 -11 Washington Administrative Code Date of Issue: May 1, 1992 Date Comments Due: June 1, 1992 • November 24, 1992 Honorable John W. Rants Mayor, City of Tukwila 6200 Southcenter Blvd. Tukwila, WA 98188• Honorable Allan Ekberg City Council President City of Tukwila 6200 Southcenter Blvd. 'Tukwila, WA 98188 , EXHIBIT A BE W VAR 291993 Re: Potential Annexation Our.Asset No. 6503520 Dear Mayor Rants and Council President Ekberg: As has been previously discussed with representatives of the City of Tukwila, please accept this letter as notice of our intent to begin annexation proceedings relating to what is commonly known as the Oxbow area. This area abuts the City of Tukwila and is located generally to the west of East Marginal Way at approximately the Boeing access road, and to the east of West Marginal Place South. In conjunction with other property owners in this Oxbow Area, whom we understand will also be submitting requests similar to this one, we would like to.consider circulating a petition for annexation of this property by the City of Tukwila. Please set a hearing within 60 days after receipt of this notice so that we may determine the specifics of the annexation petition. Very truly yours, SEAT : FIRS CO- EE B BANK /AS President Richard H. Anderson, C.P.M.,R.P.A. Vice President /Special Accounts Very truly yours, MOndo Desimone as Lo- Trustee Under the Last Will and Testament of Giusepee Desimone, Deceased C l›7 t? 4, l 21 Q rLC -& -L Ros D. Maselli as Co- Trustee Under the Last Will and Testament of Giusepee Desimone, Deceased November 24, 1992 Honorable John W. Rants Mayor, City of Tukwila 6200 Southcenter Blvd. Tukwila, WA 98188 Honorable Allan Ekberg City Council President City of Tukwila 6200 Southcenter Blvd. Tukwila, WA 98188 Re: Potential Annexation Our Asset No. 6500161 Dear Mayor Rants and Council President Ekberg: As has been previously discussed with representatives of the City of Tukwila, please accept this letter as notice of our intent to begin annexation proceedings relating to what is commonly known as the Oxbow area. This area abuts the City of Tukwila and is located generally to the west of East Marginal Way at • approximately the Boeing access road, and to the east of West ' Marginal Place South. In conjunction with other property owners in this Oxbow Area, whom we understand will also be submitting requests similar to this one, we would like to consider circulating a petition for annexation of this property by the City of Tukwila. Please set a hearing within 60 days after receipt of this notice so that we may determine the specifics of the annexation petition. Very truly yours, S 'E -�•e s St ichard H. Anderson,C.P.M.,R.P.A. Vice President /Special Accounts Very truly yours, Mondo Desimone as Co- Trustee Under the Last Will and Testament of Giusepee Desimone, Deceased 7,1• r 7>7 4 (4, ei J Rost D. Maselli as Co- Trustee Under the Last Will and Testament of Giusepee Desimone, Deceased r • 0! Katherine M. Desimone, Individually Katherine M. Desimone as Trustee Under the Last Will and Testament of Richard L. Desimone, Deceased MAR 291993 November 24, 1992 Honorable John W. Rants Mayor, City of Tukwila 6200 Southcenter Blvd. Tukwila, WA 98188 Honorable Allan Ekberg City Council President City of Tukwila •6200 Southcenter Blvd. Tukwila, WA 98188 Re: Potential Annexation Our Asset No. 65000153 Dear Mayor Rants and Council President Ekberg: As has been previously discussed with representatives of the City of Tukwila, please accept this letter as notice of our intent to begin annexation proceedings relating to what is commonly known as the Oxbow area. This area abuts the City of Tukwila and is located generally to the west of East Marginal Way at approximately 'the Boeing access road, and to the east of West Marginal Place South. In conjunction with other property owners in this Oxbow Area, whom we understand will also be submitting requests similar to • this one, we would like to consider circulating a petition for annexation of this property by the City of Tukwila. Please set a hearing within. 60 days after receipt of this notice so that we may determine the specifics of the annexation petition. Very truly yours, SEA ' FIRS CO ONA/ BANK , AS roc e President Ric aril An.erson, C.P.M.,R.P.A. Vice President /Special Accounts Very truly yours, ,t4,,:a.) /,: • Modo Desmone as Co- Trustee Under the Last Will and Testament of Giusepee Desimone, Deceased •: Rose D. Maselli as Co- Trustee Under the Last Will and Testament of Giusepee Desimone, Deceased ondo Desimone as Co- Trustee Under the Last Will and Testament of Assunta Desimone, Deceased d -z 4 . )27a .J Rose D. Maselli as Co- Trustee Under the Last Will and Testament of Assunta Desimone, Deceased • , EXHIBIT B 11IN4INE TRACT (B) , Acres . LEASE) .. ''..? 3�a. �. v�. Il.: �1' ::i,:;��Ji :'::.,:J.�'::!.A'. ^:� ✓vac • aJ' sc11�Y.:: s' w»' Y: e!' L=a s_ 1 •.';�n•w>.1t1:Ybt('R.+3u.nN: «a. EXHIBIT C CERTIFICATION The undersigned, for and on behalf of the City of Tukwila, certifies that owners of certain properties have given notice of their intention to commence annexation proceedings to the City of Tukwila. These owners represent not less than 10% of the assessed value of property in the proposed annexation area generally known as the Oxbow Area, lying between West Marginal Way and the Duwamish Waterway (legal description attached). E. Cantu, City Clerk April 21, 1993 REV. EXHIBIT D LEGAL DESCRIPTION for OXBOW AREA BETWEEN WEST MARGINAL WAY AND THE DUWAMISH WATERWAY BEGINNING at the intersection of the south line of the John Buckley Donation Land Claim number 45 and the westerly right -of -way line for Primary State Highway No.1 (S.R.99) as shown under Deeds, volume 4099, page 666, Records of King County, Washington, in the northwest quarter of Section 4, Township 23 North, Range 4 East, W.M.; Thence northerly along said westerly margin to the north line of tract 55 in Moore's Five Acre Tracts as recorded under volume 9, page 28 under Plats, records of King County, Washington; Thence easterly along said north line of tract 55 and continuing along the easterly extension thereof to the thread of the Duwamish Waterway and the existing Tukwila City Limit Line (Tukwila Ordinance 1503 and 1515); Thence southerly along the thread of the said Duwamish Waterway and River also being the existing Tukwila City Limit Line to the west margin of Pacific Highway South (State Rd. No. 1); Thence southerly along said west margin and existing Tukwila City Limit Line to the south margin of South 116th Way (South 116th Place) ; Thence westerly along said south margin to the west margin of West Marginal Way; Thence northerly along said west margin to the north margin of South 116th Way (South 116th Place);. Thence northwesterly along said north margin to the westerly new right -of -way line and Limited Access line for Primary State Highway No. 1 (S.R.99); Thence northerly along said westerly right -of -way line to the POINT OF BEGINNING. FIGURE 1 O>.•Jow Annexation Location Map DRAFT OXB ANNEXATION AREA BOUNDARY o• ANNpATION IpOUNDAR HIGHI /4 ..p.t*Lic RIGHT OF WAY •:.WITH ZERO' VALUE .FOR • . •.::GENERAL • TAXATION .•• • . APPROX. SCALE 1"=800' City of Tukwila epartment of Public Works TO: Ross E MEMORANDUM st /Ron Cameron SUBJECT: Oxbow Annexation Area - Review of Storm, Street, Sewer and Water Facilities FROM: Phil Fraser DATE: 5/5/93 John W. Rants, Mayor Ross A. Eamst, P. E., Director SURVEY OF CURRENT LAND USE FOR ANNEXATION AREA AND TRIBUTARY DRAINAGE BASIN: There are 172 acres within the proposed Oxbow Annexation Area with 28 different ownerships (Attachments 1 & 2, FIGS. 1 & 2). About 25% of the area is WSDOT land used for SR -599, W Marginal P1 and 27 Ave S. (Rumor is WSDOT trying to turn over W Marginal P1 and 27 Ave S to the county. If this WSDOT /County turnover is successful, WSDOT infrastructure would become Tukwila's responsibility under annexation). About 5% of the area belongs to the City of Seattle Power Transmission Line R /W; About 10% of the area is used for shoreline or tide flats to the Duwamish; about 3% of the area is used for single family residential and includes one small 20' wide paved cultisac street approximately 300 1.f. in length (no formal drainage system, except small plastic pipe under north end of cultisac into WSDOT 18" concrete drain to Duwamish); the remaining 57% of the area is used for commercial /industrial activities with the Boeing Company being the primary land user (Red Sams, Xtra Leasing, Pamco, and another truck leasing yard, plus Boeing Van Pool yard comprise other uses). Several hundred acres of County property drains through the proposed annexation area through pipes, ditches and swales - all discharging to the Duwamish. DESCRIPTION OF EXISTING DRAINAGE SYSTEMS: The upper basin in King County above the annexation area is primarily residential neighborhoods. These properties drain to SR -599 drainage system which is made up of swales and ditches with some cross drains which carry both the upper basin and SR -599 flows to a concrete pipe system in W Marginal P1/27 Ave S. The W Marginal P1/27 Ave S drain pipe outfall at 12 different locations into the Duwamish River through 15" to 36" concrete pipes. Most of W Marginal P1 is served by a concrete pipe system with some ditches; 27 Ave S is made. 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone: (206) 433 -0179 • Fax (206) 431-3665 Oxbow Annexation Page 2 up of swales and ditches which drain both to the north to the W Marginal P1 drainage system or to the South to an 18" diameter pipe (believed to be WSDOT's) that outfalls at the Duwamish. The dead end cultisac at the south end of 27 Ave S has no significant drainage system. Ponding and standing surface water occurs on the street and private properties. This public street serves a dozen single family residences, half of which were purchased by METRO for ETS a few years ago and are now boarded up. Except for a 10 foot long ditch on the west side of the dead end cultisac along with an 8" diameter culvert across 27 Ave S draining into a WSDOT interceptor, the current annexation has no public drainage facilities to take over. KING COUNTY RECORDS FOR THE OXBOW ANNEXATION AREA: I have inquired of King County what their records are for the Oxbow Annexation Area. King County officials have stated they are not aware of any infrastructure records available to show Tukwila. Susan Thomas (296 -8304) of King County SSWM said her records shown no drainage facilities within the proposed annex, and also no River improvements. She said she'll continue to have KC SSWM staff check into this area to see if records can be discovered. Stephanie Lucash of K.C. SSWM said on 5/10/93 she had an inventory of 2 revetments that indicated R.C. had some historical maintenance on within the Oxbow site (Attachment No. 11). She also said that K. C. has no pipes nor other facilities on their maintenance schedule within the Oxbow annexation area which King County is responsible for. I have concluded K.C. has only two portions of the Duwamish they have historically ever maintained; and, currently do not maintain any infrastructure within the Oxbow annexation area. THE BOEING DRAINAGE SYSTEM: John Crull of Boeing provided a schematic facilities map (See Attachment 5) which identifies the storm drainage system for Boeing in Oxbow. Six (6) outfalls are identified on the map. Boeing's map shows Boeing properties separated from State and current or potential City drain systems. Oxbow Annexation Page 3 VAL VUE SEWER DISTRICT SEWER SYSTEMS ON SERVING THE OXBOW PROPERTIES: The sewerage system serving Boeing properties is shown in pink on Attachment 5 and on Val Vue Sewer District's Map Plan acquired by Pat Brodin, Senior Sewer & Water Engineer from Val Vue Sewer District (See Attachment 5A). Pat said that the Oxbow is served via a 6 inch ductile iron force main going under the Duwamish Water Way from a newly reconstructed Oxbow lift station within Boeing properties. Terry Matlitch of Val Vue Sewer District said all Boeing facilities are separated from storm. Other commercial property owners pump into Val Vue's lines which go through Boeing properties. Also Terry said that at the time the Val Vue sewer systems were built, they were sized to take the residential properties, but the system was not built to the residences (currently on septic systems) because property owners considered the land to be in transition. COMMERCIAL PROPERTIES TO THE WEST AND NORTH OF THE BOEING DRAINAGE SYSTEM: Red Sams, Xtra Leasing, Pamco, and another truck leasing yard, plus Boeing Van Pool yard are commercial land uses to the west and north of the Boeing properties. 5/10/93 Greg Villanueva and I field reviewed the drainage facilities on these properties and found that the truck or light industrial yards were dirt or gravel, depend on sheet runoff with no formal drainage collection or treatment facilities (Exception: One catch basin next to the office building for Xtra Leasing). THE WSDOT DRAINAGE SYSTEM: I researched WSDOT files on 5/6/93 (See Attachment No. 6). WSDOT officials were not clear on what as builts are available for their facilities within the Oxbow annexation. They let me to go through their files. I discovered the following contract: SR -99 (Temp.) (PSH -1) W MARGINAL WY - E MARGINAL WAY TO BURNS ST (See Attch. No. 6). SR -99 (Temp.) (PSH -1) WEST MARGINAL WAY plans and my field visit tell me the following: The residential properties in the upper basin drain to WSDOT SR -599 drainage system. The SR -599 system is mostly made up of swales and ditches with some cross drains which carry both the upper basin flows and SR -599 flows to a concrete pipe system with pipes from 8" to 36" in diameter in W Marginal P1 and 27 Ave S. Fifteen 15" to 36" (48 " ?) concrete or corrugated metal pipes drain pipes cross W Marginal P1/27 Ave S and nine pipes from W Marginal P1 and 27 Ave Soutfall to the Duwamish. Three more SR -599 outfalls were observed south of 27 Ave S. Most of W Marginal P1 is served by a formal concrete pipe system with some ditches; 27 Ave S is made up of swales and ditches which flow either to the north and discharge into the W Marginal P1 36" diameter pipe at S 102 St; or drain to the south to the 18" pipe just before the residential neighborhood. Oxbow Annexation Page 4 OUTFALLS DISCOVERED FROM PRELIMINARY INVESTIGATIONS: John Crull of Boeing provided the attached storm and sewer map which provides a schematic representation of sewer (pink shading) and storm (blue shading) lines within Boeing's Oxbow properties. Six (6) outfalls are noted on the Boeing properties. Another source of input is the attached Water Quality, Surface Water and Flood Control Uses Map that is part of the Background Report for the Shorelines Master Program which also shows six outfalls. On my 5/5/93 field trip with John Howat 12 outfalls were found outside of Boeing properties. From our preliminary investigations we believe all 12 outfalls are either WSDOT or private. During our drive along the river we noted that the majority of WSDOT, Boeing and other private outfalls have no backflow prevention devices. We observed only one Boeing outfall at the south end of Boeing complex with a flap gate. John Howat also noted one other Boeing outfall with a "bladder" gate. No WSDOT (or potential city) outfalls had backflow gates. CONDITIONS OF DIKE /LEVEE /RIVERBANKS: The riverbank along this stretch of the Duwamish according to the FIRM maps does not have a recognized levee system. My discussions with Andy Levesque on 5/4/93, Andy indicated that there were bank failures along Boeing's properties and K.C. had notified Boeing that these bank failures needed to be addressed, to no avail. In my discussion with Stephanie Lucash, she and An #y discussed this matter further. Stephanie said that she had an inventory of revetments that K.C. had some historical maintenance on within the Oxbow site. There were two revetments shown on her maps (See Attachment 11). She also said that K. C. has no pipes or other facilities on their maintenance schedule within the Oxbow annexation area. John Howat and I also observed sections along the Boeing properties where riverbank failures are occurring. One critical bank failure is occurring at the employee recreation field just south of the Boeing Recreational facility. Also, just upstream of the rapids, it was noted that residential properties depend upon several dozen tires that provide bank protection. These tires have obviously been there for many years, but the few pile timbers holding the tires together are beginning to rot and fall away. It is a matter of time before these tires fall into the river and critical bank protection is lost. Just to the south of the tires significant bank erosion has already taken place. Oxbow Annexation Page 5 It is possible that the most expensive fix needed in the future will be restoration of riverbank or new levee /dike protection along the Boeing properties (including the cinder path trail next to the river) and residential properties. No estimate of the amount of riverbank repair is available, but a guess of 500 to 1,000 1.f. of riverbank may be in need of repair. The cost for riverbank /levee repair according to King County can go from $100 /1.f. to $250/1.f. ANTICIPATED REVENUES FROM STORM AND SURFACE WATER CHARGES: Based on Attachments 1 & 2, I have developed a preliminary estimate of surface water revenues from the annexation. Applying the current Storm and Surface Water rate schedule to the Oxbow annexation area, about $37,000 of additional annual revenue to the Storm and Surface Water Utility is anticipated, $3,000 of which will come from Tukwila's street fund if W Marginal P1 and 27 Ave S when they become City streets ($37,000 includes discount for WSDOT rate). CONSULTANT EFFORT (CCA INC) NEEDED TO APPLY SSWM ACCOUNTS TO FINANCE DEPARTMENT EDEN SYSTEM ACCOUNTING: As requested, I contacted Laurie Bender, prinicpal at CCA, Inc. to provide a preliminary estimate for CCA's services to carry out the development /implementation of surface water charges for the Oxbow. Attachment No. 3 is CCA's rough cost to establish the surface water accounts and data base for the Oxbow site. Their services will include determination of square footage of each parcel for use in billing system (Eden Systems); a drive -by assessment of the properties to determine appropriate rate categories; provide computer disk for Eden systems; and develop preliminary notices to owners of 28 parcels. CCA estimates $4,300 to provide this service. An additional $2,000 is estimated to provide follow up, monitor any problems, respond to complaints, etc. IMMEDIATE MAINTENANCE /REPAIRS: No appreciable drainage 0 & M costs are expected by the take over of the short public dead end at 27 Ave S. (My discussions with Andy Levesque and Stephanie Lucash, they said they found no drainage systems K.C. was presently taking care of within the Oxbow boundaries.). LONG TERM INFRASTRUCTURE UPGRADES AND MAINTENANCE: The cultisac City street is in need of about 300 1.f. of 12" diameter storm pipe including 3 to 5 CB's to drain the pavement and eliminate ponding. Oxbow Annexation Page 6 In my discussion with Stephanie Lucash 5/10/93 Stephanie said that she had an inventory of 2 revetments that K.C. had some historical maintenance on within the Oxbow site. She also said that K. C. has no pipes nor other facilities on their maintenance schedule within the Oxbow annexation area which King County is responsible for. WATER QUALITY ISSUES: Habitat Mitigation Program: I attended the Elliott Bay /Duwamish Restoration Program May 6, 1993 meeting at which they gave me some input as to what habitat issues are ongoing: 1. Attachment No. 7 indicates habitat areas 2, 3 and partial of 4 in the potential Oxbow site area. These issues are described in Attachment 8, the Elliott Bay /Duwamish Restoration Program (Feb. 10, 1993). 2. The Muckleshoot Indian Tribe is considering purchase of land at habitat area 3 to carry out their own habitat remediation program. 3. There is discussion in King County of rerouting the creek just north of the Oxbow annexation area back into the turning basin which would allow a surface creek connection. This also, then would bring a large area of King County drainage through for discharge into the Oxbow annexation. Sediment Cleanup Program: No sediment remediation plans have been established in the Oxbow annexation area; however no water quality monitoring has occurred that deal with the necessity of sediment remediation nor other water quality issues. If there is a way to main- tain the liability for past pollution K.C. is responsible for in an interlocal agreement, this may be appropriate. Sediment remediation program for the Norfolk discharge (currently within Tukwila's existing boundaries) is being considered with use of monies under the consent decree with METRO and City of Seattle. Whether funds become available for the Norfolk site will be known within.a couple of months (See Attachment No. 9). Oxbow Annexation Page 7 RESPONSE TO RICK BEELER MEMO OF MAY 5, 1993: Questions related to drainage and responses from Rick Beeler's 5/5/93 memo (Attachment No. 10) are as follows: QUESTION: ANY NEEDED SEPARATION OF STORM DRAINAGE AND SANITARY SEWER SYSTEMS? ANSWER: Storm and sanitary sewer systems appear to be separated for the Oxbow area for commercial developments. All Boeing facilities are on separated storm and sewer systems (see attachment No. 5). 12 single family properties are currently on septic systems in an area that has almost no drainage systems. My 5/10/93 discussion with Terry Matlitch of Val Vue Sewer District, Terry had the following input: 1. All Boeing facilities are separated. Other commercial proper- ty owners pump into Val Vue's lines which go through Boeing properties. 2. At the time the Val Vue sewer systems were built, they were sized to take the residential properties, but the system was not built to the residences (currently on septic systems) be- cause property owners considered the land to be in transition: a. METRO had bought out 6 parcels for ETS b. METRO had also had to realign a portion of Seattle Water Department lines, and bought out for SWD a residential property for this purpose. c. There was rumor that the property owners might rezone the land and build a restaurant where private residences are today. d. At the time Boeing had future planning to construct an additional building on the parcel(s) just north of the residential properties, at which time Terry said extension of the sewers and requirement of residential property ownerships to connect would occur. QUESTION: ANY NEEDED SEPARATION OF STORM DRAINAGE FROM ROADS FROM OTHER STORM RUNOFF? ANSWER: There will be needed separated storm and sewer systems built in future by either developer extension or LID for the small residential area. If status quo remains, the process described by Val Vue Sewer District above will be followed. Oxbow Annexation Page 8 There are many truck storage facilities along W Marginal P1 S that have no formal drainage facilities whatsoever. The lack of oil /water separators, bioswales or other treatment facilities means these truck parking facilities discharge untreated storm water into WSDOT pipes or directly into the Duwamish untreated. When the City becomes involved in the near future through NPDES and DOE water quality programs, on site separation and treatment of these discharges will have to be addressed. Boeing properties (with exception of Van Pool storage yard off W Marginal P1 S) seem to be separated and directly discharge into the Duwamish. No added separation then required from Boeing. However, future water quality treatment facilities may be needed (Our field investigations did not have time to discover oil /water separators). QUESTION: ANY DRAINAGE LINES ON PRIVATE PROPERTY OR WHICH ARE PRIVATELY OWNED WHICH THE CITY'S UTILITY WILL HAVE TO UPGRADE? ANSWER: King County does not have any plans for any drainage lines on private property which are privately owned which the City's utility will have to upgrade. EXISTING DRAINAGE SYSTEM AND SHORT AND LONG TERM STORM SYSTEM INFRASTRUCTURE UPGRADES AND MAINTENANCE IF W MARGINAL PL /27 AVE S TAKEN OVER BY CITY: If W Marginal P1/27 Ave S transfer from WSDOT to the local agency is a near term reality then an assessment of this potential turnover should be considered as part of the annexation process. I provide the following: Existing Drainage System Takeover: If W Marginal P1/27 Ave S is taken over by the City, and the associated drainage system to the Duwamish becomes part of this take over from WSDOT our initial estimate of the amount of pipes and ditches we'll be taking on are as follows: A. 6,200 1.f. of ditches /swales B. 2,150 ft. of 8" - 36" diameter concrete pipe (some sections are corrugated metal with no Type I treatment). C. 17 CBs and MHs. D. 8 -9 outfalls into Duwamish 15" to 36" diameter On my 5/5/93 field trip with John Howat 12 outfalls were found outside of Boeing properties. From our preliminary investigations we believe all 12 outfalls are either WSDOT or private. We believe nine (9) of these outfalls could become candidates for turnover to the City if W Marginal P1/27 Ave S are turned over by unless WSDOT retained ownership of these outfall pipe systems. Oxbow Annexation Page 9 Immediate Drainage System Maintenance /Repairs: If W Marginal P1/27 Ave S is taken over by the City, and the associated drainage system to the Duwamish becomes part of this take over from WSDOT our initial estimate of immediate repairs to the system are as follows: It was noted in our 5/5/93 field visit that some outfall pipes were partially or completely filled with sediments and debris. Also noted was some of the outfall pipes had become separated and fallen apart and were in need of repair. The most critical problem was at the south end of the turning basin (1.0141 W Marginal P1) where 3 outfalls come into a common discharge pit. At this point there is one 30" diameter pipe along with 2 - 36" diameter pipes: (one GMP [last section only] right on top of a concrete pipe). To restore broken pipe sections and provide needed riprapping for over - scoured discharge pit riprap will be needed. The total costs for these immediate pipe cleanouts and outfall reconstructions is estimated to be between $25,000 and $30,000. Long Term Drainage Infrastructure Upgrades and Maintenance: If W Marginal P1/27 Ave S is taken over by the City, and the associated drainage system to the Duwamish becomes part of this take over from WSDOT our initial estimate of long term operation and maintenance to the WSDOT taken over system are as follows: A. 8 -9 outfalls into Duwamish 15" to 36" diameter B. 6,200 1.f. of ditches /swales C. 17 CBs and MHs. D. 2,150 ft. of 8" - 36" diameter concrete pipe (some sections are corrugated metal with no Type I treatment). Attachment No. 12 provides Maintenance Division I's recommended annual surface water maintenance program at Oxbow. $8,877 is estimated for the annual maintenance program. Until WSDOT carries out a full R/W assessment of its lines across other properties, the status of a WSDOT drainage facilities turnover can not be fully assessed at this time. WSDOT facilities may have acquired R /W's or easements across other properties. Only if WSDOT gives us their lines as part of the 27 Ave S/W would we have to ask for all property rights to fully discover the magnitude of the issue. And conduct a full inventory of combined private /public system; or, separation of private from public. Still, if there are about 12 WSDOT outfalls on in the Annex area, I anticipate that 9 of these interceptor lines and outfalls would have to be surveyed and R /W's identified so we are clear as to rights. • Oxbow Annexation Page 10 EXISTING ROADWAY SYSTEM AND SHORT AND LONG TERM INFRASTRUCTURE UPGRADES AND MAINTENANCE IF W MARGINAL PL /27 AVE S TAKEN OVER BY CITY: Existing Street System Takeover: If W Marginal P1/27 Ave S is taken over by the City, about 5,500 of 30 1.f.wide asphalt pavement (includes asphalt curb /gutter on the east side only from S 102 to the south; very little curb /gutter north) will become the City's. The pavement appears to be in very good condition with a few cracks. Pavement markings need to be redone. Immediate Street Maintenance /Repairs: No immediate maintenance or repairs will be required by this takeover. Long Term Street Infrastructure Upgrades and Maintenance: Attachment No. 12 provides Maintenance Division I's recommended annual street maintenance program for Oxbow. $8,072 is estimated for the annual maintenance of W Marginal P1/27 Ave S. EXISTING WATER SYSTEM AND SHORT AND LONG TERM INFRASTRUCTURE UPGRADES AND MAINTENANCE IF W MARGINAL PL /27 AVE S TAKEN OVER BY CITY: Existing Water System Takeover: Attachment No 13 shows SWD's 20" water transmission main which serves the Oxbow properties. It's primary function is a trans- mission main, part of SWD's regional operating infrastructure. Distribution is through a 12 inch PRV at about 105th. 15 fire hydrants are located on W Marginal P1/27 Ave S as shown on Attachment 13. Pat Brodin, Senior Sewer and Water Engineer said that the Seattle Water Department which operates transmission main in W Marginal P1/27 Ave S does not have plans to turn this system over to Tukwila. Still, Pat feels Tukwila could transfer the existing 12" PRV from Seattle to continue serving the area as part of Tukwila's water utility. '�ft��^ac�.�yk�r i'v:+S;s�ax,:x;, was .'• w. wi- rv: �,.cnc,ueuawxa:9s:�si:rta�Xit:: r:s: "sl:�3eta &s,t . ti.l m., rAtislra. -k1 Ada t1 t� r ''iS+ • Oxbow Annexation Page 11 EXISTING SEWER SYSTEM AND SHORT AND LONG TERM INFRASTRUCTURE UPGRADES AND MAINTENANCE IF W MARGINAL PL /27 AVE'S TAKEN OVER BY CITY: Existing Sewer System Takeover: There is no sewer infrastructure in W Marginal P1/27 Ave S. Therefore, sewer takeover is not an issue if W Marginal P1/27 Ave S is turned over to the City. Attachments (14) PRF:pf code: oxbow • Ox Bow Annexation Area City of Tukwila Cost Estimates Due to Annexation Dept.: Prepared By Date: f ADDITIONAL STAFF REQUIRED TO MAINTAIN CITY STANDARDS No. FTE and Position Purpose Total TE aZe_eLi (-6a_e6e, p -zr a. R.EC IV 6r- 6 iviAt 0 4 1993 COMMUNITY DEVELOPMENT ;. ,�/ Date:. 6- May -93 11:57 From: WALDNER -R (CHIEF RON G. WALDNER) To: VERNON Subject: Ox Bow Message -id: 47FDE82BO1AEAEAE Ref. Rick's memo of May 5, Council Questions - As stated in our memo on . this annexation, we believe Ox Bow will have a minimal impact on police operations. Any current or immediate demands for police service should be absorbed by our current resources. Please call if you have questions. Ron W. Ox Bow Annexation Area City of Tukwila Cost, Estimqtes Due to Annexation Dept.: a4,4.0 Prepared By Date. /11v //, ADDITIONAL STAFF REQUIRED TO MAINTAIN CITY STANDARDS No. FTE and Position Purpose Total — 711 2 2 (4 -4.44-4 6e,f,i J/1-4.:J apr Wi-Y1.‘i1 'i -13, '706 RECEW:',17) MAY 1.2 1993 co DEVELOPMENT �•. • CITY ACQUIRED OR RENTED EQUIPMENT Item Purpose /Total Cost Annual Cost ,134,-&0-4A) R E C E G A I F MAY 1 2 1993 COMMUNITY DEVELOPMENT. ' City of Tukwila Fire Department To: Vernon Umetsu From: T. Keefe- Subject: Ox Bow Annexation Costs Date: May 10, 1993 John W. Rants, Mayor Thomas P. Keefe, Fire Chief I see no additional costs for fire service being generated by this annexation. We presently have the problem of no shift commanders. The annexation of the Ox Bow property will only exacerbate the problem, as will any other annexations. Logistically, the south bound lanes of West Marginal Way (599) pose a challenge in accessibility. We will work out a solution through mutual aid with either The City of Seattle Fire Dept. or Fire Dist. 11. REEFED WY 1 11993 COMMUNITY DEVELOPMENT Headquarters Station: 444 Andover Park East • Tukwila, Washington 98188 • Phone: (206) 575-4404 • Fax (206) 575-4439 John W. Rants, Mayor Police Department MEMORANDUM TO: Rick Beeler, Director DCD FROM: Ron Waldner, Chief of Police DATE: May 4, 1993 SUBJECT: Ox Bow Impacts Ron Waldner, Chief of Police Upon inspecting and evaluating the property known as Ox Bow, the Police Department has reached the conclusion that criminal justice issues will be negligible. With the exception of five or six occupied residences, and a few fringe business locations, most of the commercial development is controlled by Boeing. We view Ox Bow as an acceptable expansion of our north -end patrol district and have no information to indicate this area will generate a significant increase in calls for service. RECEIVED MAY 0 5 1993 COMMUNITY DEVELOPMENT 6200 SouthcenterBlvd. • Tukwila, WA 98188 • Phone: (206) 433 -1808 • Admin. Fax — (206) 244 -6181; Invest Fax — (206) 431-3688 •P.v..et,,,, etrariw.W!tih rw:.<...:••• • aasw>:.., ea-•.. nr..,, rn. r0.ncmcarnin;, m1.0 vs: cnryresrsne•N e•:e ss•M .:w:rn::•o: 'sr •,•••• C City of Tukwila John W. Rants, Mayor Department of Community Development Rick Beeler, Director To: Department Head From: Rick Beeler MEMORANDUM Department ¢i�'/ftommunity Development Date: May 5, 1993 RE: Ox Bow Annexation Costs. The City Council approved a resolution for staff to proceed with the Ox Bow annexation process. As part of this process, the Council also specifically asked that the following possible cost items be investigated: 1. Any needed separation of storm drainage and sanitary sewer systems, 2. Any needed separation of storm drainage from roads from other storm runoff, 3. Any drainage lines on private property or which are privately owned which the City's utility will have to up- grade, 4. Police and Fire Dept. service impacts and needs if the area is built- out to its maximum as "Heavy Manufacturing," 5. Any water an sewer supply needs (including reservoir capacity), 6. Facility costs should include operations and maintenance, as well as initial capital costs. Please contact Vernon Umetsu at 431 -3684 (x -1684) if you have any questions. Vernon will be out of the office on May 6th and 7th, but will be back on Monday. Thanks again for your help. file:ox \costs.1 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • (206) 4313670 • Fax (206) 431-3665 ' John W. Rants, Mayor Department of Community Development Rick Beeler, Director To: Department Heads From: Rick Beele Department • ' unity Development Date: May 5, 1993 MEMORANDUM RE: Ox Bow Annexation Public Information Meeting. A public information meeting has been scheduled for May 19th at 6:00 PM in City Hall Conference Room No. 3 as shown in the attached flier. The flier also shows the anticipated public hearing dates. Please have a representative present to answer questions which area property owners, business owners and residents may have. Vernon Umetsu should be contacted for further information. Thank you for your support. file :ox \infomtg.2 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • (206) 431-3670 • Fax (206) 431-3665 (\(42-0) ok( 547M s-Avm ()C, ( (cc< o (0 8 PAUL BEFORE BEFORE OPERATIONS MANAGER CA/Q__%0E 9'8(6E 10180 WEST MARGINAL PLACE, SOUTH 206-762-6979 SEATTLE, WA 98168 FAX 206-764-4980 A F F I D A V I T I, Sylvia A. Osby :Notice of Public Hearing 14Notice of Public Meeting C Board of Adjustment Agenda Packet Board of'Appeals Agenda Packet Planning Commission Agenda Packet Short Subdivision Agenda Packet O F D I S T R I B U T I O N hereby declare that: Notice of Application for Shoreline Management Permit Shoreline Management Permit Determination of Non - significance D Mitigated Determination of Nonsignificance Determination of Significance and Scoping Notice Notice of Action Official Notice Other Other was mailed to each of the following addresses on May 5, 1993 Mailed to surrounding Property Owners, Residents, & Business Owners Mailed to Department Heads, City Administrator, Mayor Mailed to Chief Duane Malo - May 27, 1993 Name of Project OXBOW AREA ANNEXATION File Number P93 -0039 .. �.,.. John W Rants, Mayor Department of Community Development Rick Beeler, Director MEMORANDUM To: Department Heads From: Rick Beeler! Department. • i . ' unnity Development Date: May 5, 1993 RE: Ox Bow Annexation Public Information Meeting. A public information meeting has been scheduled for May 19th at 6:00 PM in City Hall Conference Room No. 3 as shown in the attached flier. The flier also shows the anticipated public hearing dates. Please have a representative present to answer questions which area property owners, business owners and residents may have. Vernon Umetsu should be contacted for further information. Thank you for your support. file:ox \infomtg.2 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • (206) 431-3670 • Fax (206) 431 -3665 City: of Tukwila 6200 Southcenter Boulevard • . Tukwila; Washington : 98188 * John W. Rang Mayor . NOTICE OF PUBLIC INFORMATION MEETING . FOR THE "OX BOW" AREA' S .ANNEXATION TO. THE. :. CITY. OF TUKWILA Dear Residents, Property Owners, and Business Owners: The. City of Tukwila is now considering a property owner initiated petition to annex the "Ox Bow" area where you are located: • Your comments• are being sought on this proposed annexation. A map of the proposed annexation area has been attached and I have scheduled apublic meeting to . answer your questions and provide you. with information about City services, development regulations, zoning; options and the annexation process. This meeting will be. held :. : May 19,1993 6:OOPM: Tukwila City, Hall, Conference Room No. 3. After this meeting, three public hearings. (listed below). will be held for you to comment directly to the Planning Commission and City Council. Written comments will ; also be appreciated. May 24, 1993 Planning Commission Hearing on Zoning only June 7, 1993 City Council Hearing on Zoning and the Annexation. ❖ July 12, 1993. City Council Hearing on Zoning and.the Annexation: • Please contact Vernon Umetsu at 431 -3684 ifyou:would like more, information: • Sincerely, W.:Rants, Mayor. Phone: (206) 433.1800 ! City Hall Fax :1206) 433 -1833 FIGURE 1 Oxbow Annexation Location Map SLAULE Cllr L ITS DRAFT QXBQ ANNEXATION AREA BOUNDARY 1- 134IEN � N 0\119614 -hi irt0-04:1(7q )1(1(14:‘t (),A Red Samm Construction 10108 W.Marginal Wy.S Seattle, WA 98168 Tenant 10141 W.Marginal Wy.S Seattle, WA 98168 AJF Trailer Leasing 10180 W.Marginal Wy.S Seattle, WA 98168 Pamco Constructors 2600 S. 102nd Seattle, WA 98168 Tenant 10111 W.Marginal Wy.S Seattle, WA 98168 Tenant 10161 W.Marginal Wy.S Seattle, WA 98168 Resident 11202 E.Marginal P1.S Seattle, WA 98168 Resident 11004 W.Marginal P1.S Seattle, WA 98168 Resident 11008 W.Marginal P1.S Seattle, WA 98168 Resident 11024 W.Marginal Wy.S Seattle, WA 98168 Resident 11028 W.Marginal Wy.S Seattle, WA 98168 Resident 11036 W.Marginal Wy.S Seattle, WA 98168 Fremont Associates 700 N. 36th St. :Seattle, WA 98103 Katherine M. Desimone 2605 S.W. 170th Seattle, WA 98166 The Boeing Co. PO Box 3707,MS IF -09 Seattle, WA 98124 Robert & Ruby Pontius 3323 S.W. Seola Ln. Seattle, WA 98168 Ray H. Wilson 5637 S. Prentice St. Seattle, WA 98178 Sabey Corp. 201 Elliott Ave. #400 Seattle, WA 98119 Joseph A. Budinich 7906 10th Ave. S.W. Seattle, WA 98106 Greg & Janice Cherin 11028 27th Ave. S. Seattle, WA 98168 Thomas & Mary Kent 407 S. 289th St. Federal Way, WA 98003 John Crull Boeing PO Box 3707, MS 13 -03 Seattle, WA 98124 Paul Seely Boeing PO Box 3707, MS 13 -03 Seattle, WA 98124 Jeff Zahir Boeing PO Box 3707, MS 13 -03 Seattle, WA 98124 Seattle City Light PMNO 230404 1015 3rd Ave. Seattle, WA 98104 Port of Seattle Real Estate Division 1410 S. 200th St. Seattle, WA 98198 METRO Real Estate Division 821 2nd Ave. Seattle, WA 98104 Cliff Marks Seattle Planning Dept Resident, 1_600 4th Ave., Rm.200 13004 56th Ave. S. -r Seattle, WA 98104 Tu ila, WA 98168 Resident 13007 57t. •ve. S. Tukwil•, WA 98168 Richard Thompson Resid- t Seafirst Real Estate Resident 5602 S. 33rd St. P.O. Box 3586 13048 57 h Ave. S. Tukwila, W 98168 Seattle, WA 98124 Tukwil , WA 98168 Sandy Adams Resident County Admin. Bldg. Resid it 5612 S 133rd St. 500 4th Ave., Rm. 900 13044 57t Ave. S. Tukw a, WA 98168 Seattle, WA 98104 Tukwila, A 98168 Resident ,F/11202 E.Mar•inal Wy.S Seattle, W 98168 Resi•-nt 1303. 56th Ave. S. Tukwila, WA 9:168 Resident Resi•-nt 5630 S. 33rd St. 1330 57th Ave. S. Tukwila, WA 98168 Tukwi WA 98168 Residen Resident 5710 S. 33rd St. 13045 57t• Ave. S. Tukwila, 98168 Tukwil., WA 98168 Resident Residen Resi• -nt 5701 Pamela 1303 6th Ave. S. 13039 5 ve. S. Tukwila, 98168 Tu- ila, WA 98168 Tukwila, WA 98168 Resident Resident Resid= 5703 Pame • Dr. 13022 56t Ave. S. 13035 .7th Ave. S. Tukwila, W 98168 Tukwil WA 98168 Tukwi a, WA 98168 Reside t Resident Resident 5702 P.. ela Dr. 13012 .th Ave. S. 13036 57t Ave. S. Tukwila WA 98168 Tukwila, A 98168 Tukwila, WA 98168 Resident Res ent Resident 13038 57th ve. S. 13e08 56th Ave. S. 13013 57ts ve. S. Tukwila, WAr 98168 Tu ila, WA 98168 Tukwil., WA 98168 t At4 Iv .5&( t Pc C r,.-,r- • r-.7.-1-- 7 0, l,-.2g11 q-...i.4.— -,--21.- 014:: • - , AN4)(4 ATION 1130UNDAR •11,0 • ••.• 11. pcitrioL4e-76)( i4rD,tics .)2. 05.2L'A 4 z. 171.81,4x 7o L Piq 4 N t 4-K44 , . • . 11-N Rz71. IT-7M • PUBLIC RIGHT OF WAY 'WITH ZERO VALUE FOR • GENERAL TAXATION 7":: 1 6 74/' APPROX. SCALE 1" =bilk Oxbow Annexation Location Map DRAFT OXBOW] ANNEXATION AREA BOUNDARY -1!. t rj,,;;, ?!llti Akt ls ); - BURIEN a , u Apprm �� U r • • + ??t l 1g li l 2.2 miles . r 79 ATTACHMENT E King County Assessor Quarter Section Map Key •• w•c 4FIELD - o 1-1 KING n lnrt unl♦ CI!m South Shore C Middle b tick Cr len Jerson SI A C S Otrec COUNTY RNATIONA AIRPOR" 1114611P' 1 o , 100 GLEN ACRES GOLF CLUB Glendale w azel SI Southern Heights El cm CO NTRY ( U© S Avon Walla( ee So u ne6A rc • o:cn w :ra.,1:41 icg ;. :: =7X ;.,`.c`u n?..1Vg.4Sti of "sa 5 .>T" tr:ZO=.:47;dF2=3.MT:2 ty City of Tukwila 1 flo4 5'n.,i'4 eSiy'h'eirn%'F65 -. John W. Rants, Mayor Department of Community Development Rick Beeler, Director MEMORANDUM To: Department Heads From: Rick Beeler Department of Community Development Date: May 3, 1993 RE: Ox Bow Annexation Costs. I am are preparing an annexation report for the Ox Bow area and need your estimates on City costs. I have proposed several cost areas, but you know your operations best so feel free to add to this list. I have also provided a memo with estimated revenues and the annexation time schedule recommended by the Mayor's Office. We are on a short fuse (of course), so I would appreciate this information back by Tuesday, May 11th. We also need to hold a public information meeting in mid -May for property owners, businesses, and the six families in the annexation area. I'd appreciate your help in scheduling this. Please contact Vernon Umetsu at x -1684 if you have any questions. 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • (206) 431-3670 • Fax (206) 431-3665 G'c,euz ^. z: rfiSr •6E:.�sa:.:sa:�S';3t�;::.;ik'i. s7. " +�,y; ;.7 1. Nr,: rS ZAid.'_„UFZIVt?."c4tIeWa'9$ Ox Bow Annexation Area City of Tukwila Cost Estimates Due to Annexation Dept.: Prepared By Date: ADDITIONAL STAFF REQUIRED TO MAINTAIN CITY STANDARDS No. FTE and Position Purpose Total Nub?Sti :VtlIMM : . • CITY ACOUIRED OR RENTED EQUIPMENT Item Purpose /Total Cost Annual Cost 'Mr'r—ri2: ^'r,;-!"'"+'-. _w�r,..;�s ..7+..V..r ,, m: v,:7,;.grt�Y=^G:S',ka: > ..r {�.ve�t,,.,,, -i: "�p•.�wmri+oi..;gaaRrj: v .*.�.. .-:; x��Yu�f. ?ti+ u4Si�.!. cr; z�c•: i. m: tt�^...,....!: ni• k' ey: t-c..::. i. r} ag?C �;: X:.._ u.......;' �i�•: �u. n.... �... s.,.. �:: ��. i' �. t� ::t.'Skr.o�.,....,,}.�.a�..��r ..,. ui��..: �'.. ns��z' ��i3��� .�.an.c4.',`�'i".r'3�'�l: items.._. tial«.. �., �; L4'. �, �,« 1�. �:' Mn�6a�itui } }atd'a...sw:....n3_a., �:I�{:�i... . INFRASTRUCTURE COSTS Item Purpose /Total Cost Annual Cost 1. 16th Ave. Bridge Purpose: To provide east -west access over the Duwamish River primarily to Seattle areas. This is not needed for Tukwila. This bridge is about 1/3 mile north of the annexation. Exposure for cost will not increase over existing levels. Annual Cost: $0.00 2. Storm Drainage Purpose: Cost for storm drainage improvements. This especially includes storm water pipes which run on private property to the Duwamish; similar to the East Marginal Way situations. Total Cost is Annual Cost: City of Tukwila Department of Community Development MEMORANDUM To: Mayor Rants From: Rick Beeler, Director Department of Community Development Date: April 14, 1993 John W. Rants, Mayor Rick Beeler, Director RE: Ox Bow Annexation Review by Community Affairs and Parks Committee. Annexation Proposal The City has received a petition to annex certain properties shown in Figure 1 (attached). The annexation would be through the Direct Petition method which requires that owners of 60% of the annexation area value agree to annex. The immediate staff request would be for the City Council to meet with the petitioners on May 3rd per RCW 35A.14.120 to: 1. Accept, reject or modify area boundaries, 2. determine what, if any, indebtedness must be assumed and 3. determine if pre - annexation zoning shall be established. Staff has generally reviewed the proposed annexation and recommends the ,following: A. Establish an annexation area boundary as drafted by Planning and Public Works staff and shown in Figure 1, B. Waive assumption of City indebtedness based on the positive fiscal impacts of the annexation and past Council actions in not requiring this charge, and C. Agreeing to the petitioner's request for pre- annexation zoning. 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • (206) 431 -3670 • Fax (206) 431 -3665 FIGURE 1 Oxbow Annexation Location Map DRAFT OXBQ ANNEXATION AREA BOUNDARY — BURIEN Approx. 2.2 miles Critical Dates 1. Alan Doerschel has identified three critical dates for tax revenue collection by the City. This has been applied to the estimated $39.8 million assessed valuation (AV) in the annexation area and potential revenues shown below. These figures have been approved by Doerschel. Annexation Date Tax /$1,000 AV and Period Revenue Total OCT'93 1994 1995 1996 Before Oct., 1993 $0.92 $36,616 $1.84 $73,232 $2.84 $113,032 By Jan. 31, 1994 0 $1.84 $2.84 0 $73,232 $113,032 After Jan. 31, 1994 0 $1.84 $1.84 0 $73,232 $73,232 $2.84 $113,032 $2.84 $113,032 $2.84 $113,032 .$335,912 $299,296 $259,496 2. The key work plan dates for meeting the pre- October annexation deadline are shown below: May 3rd. Council adopts a resolution establishing the annexation area and process. May 14th Boundary Review Board "Notice of Intent" is submitted. May 27th. Planning Commission holds a hearing and forwards a pre- annexation zoning recommendation to the City Council. June 7th. City Council holds the first of two zoning hearings and establishes all other annexation conditions. July 12th City Council holds the second of two zoning hearings, .:adopts pre- annexation zoning and all other annexation conditions, and authorizes circulation of a property owner petition. Aug 19th. Petitioners complete circulation between July 13th and August 19th. Sep 13th Council adopts the annexation ordinance. State statutes provide for no County involvement except for notification once the annexation is completed. This has been confirmed by the BRB Executive Secretary (Wilkinson, 4 /14/93). Please contact myself or Vernon Umetsu`(x -1684) if we can be of any further help. ATTACHMENT file:ox \cncl.1 City of Tukwila John W. Rants, Mayor Department of Community Development Rick Beeler, Director To: Jane Cantu, Cit From: Rick Beele Department Date: April 28, 1993 MEMORANDUM RE: unity Development Ox Bow Annexation Valuation I have reviewed the annexation provisions in RCW 35A.14, held discussions with the Executive Director of the King County Boundary Review Board, City of Bellevue staff who have worked with such annexations before, and gotten response from the City Attorney (Attachment A). I conclude that the analysis below correctly reflects the manner in which property in the proposed Ox Bow annexation area should be valued. Based on my determination, all properties in the annexation area have been valued as shown in Attachment B. I recommend that this valuation system be used in establishing the total property's value "...according to the assessed valuaiton for general taxation..." (RCW 35A.14.120). OX BOW PROPERTY VALUATION SYSTEM FOR THE DIRECT PETITION OPTION OF ANNEXATION. There are three types of properties in the annexation area. Each type is described below and a proposed valuation procedure is presented. 1. Public Right -of -way. Examples of such areas are local, State and federal road right of ways. Such areas are owned by governments, have no tax parcel number and are assigned no value by the Assessor. Since no value is given "...according to the assessed valuation for general taxation of the property for which annexation is petitioned:..." (RCW 35A.14.120), I conclude that the assigned valuation should be $0.00 for this annexation process. The King County Boundary Review Board's Executive Secretary has not resolved this issue (Wilkinson, 4/21/93), but the City of Bellevue uses this approach (Odle, 4/21/93). 6300 Southcenter Boulevard, Suite 11100 • Tukwila, Washington 98188 • (206) 431 -3670 • Fax (206) 431-3665 tin�Yu = r.i;•�.nLOT.�Y,.:; :r•: v.•r.�nz a,nrw : ��nr� :,,•..,w..,a:F..r.,,....,nk,.: :...w..+u +. +:�. c�c,r.�"�. z.w;isk•r. . ict. 4+ .. *d�mlrrr,:auL,;n::i;�::.t,f�s s!,. sE• s: n. �rncayrrxaa�•.+ mex» rntrsnnnx: r.._.< ur..• fu+.:s wrv«^: r�mnn4wr .,7L`Y.'`WY..+�;G:RS�'.:.G: 1 = ^..:• I�?Jf. iY;'a1∎1.7C;^C ^:';��`. 2. Tax exempt parcels. Examples of such areas are schools, churches, river areas which have parcel numbers, and freeway interchange areas which are left -over after road construction. Such parcels have been assigned a property value, but are exempt from taxation. I feel that such parcels should be valued as established by the assessor. This approach is endorsed by the Executive Secretary of the King County Boundary Review Board (Wilkinson, 4/21/93). 3. Other parcels which have no tax system identification or are identified, but have no valuation assigned. Examples of such areas are portions of river areas and private access ways which are not assigned to any parcel and only identified by Auditor File Number. I feel that such areas should be treated in a manner similar to ,right -of -ways and valued at $0.00 for this annexation process since they have been assigned no value for "general taxation" (RCW 35A.14.120). PROJECT STATUS The Community Affairs and Parks Committee of the Council has discussed this matter on 4/2693, and a complete Council packet must be submitted today, for a May 3rd Council meeting. I thank you for your immediate response, as you discussed with Vernon Umetsu. Please feel free to contact myself or Vernon Umetsu (x1684) if we can be of any help. Thanks. file:ox \cantu.1 • ...wvwvx�.+.rrv�r,s nt�t.�.i•nt,•i.'.fvl..Y::rA YN4" J'- 'iY:,tSpi:�•Gt]1'4LAteliC:.�k'! �J:Y�'.:.+;Vf:tYSCYJfAiIR." X." N. '7:'+4Ktcwtn3•rt:•RC- .w!�i•a•S'm vF.`t1M:.3'LiRLlt� AC- I-TA CH 14 I r City of Tukwila John W. Rants, Mayor Office of the City Attorney MEMORANDUM TO: Rick Beeler FROM: Linda P. Cohen', City Attorney ' RE: Oxbow Annexation DATE: April 26, 1993 Linda P. Cohen; City Attorney I reviewed your memo of April 21. You are probably right with respect to these valuation issues; however, they are valuation not legal issues. In order to confirm these opinions, Vern should call the County Assessor's office so that we are certain that your conclusions are correct. Did you draft a memo for the mayor on the secuence of events for the Oxbow annexation? If so, it would be helpful for me to review it so that I can'begin to get myself LLD to speed on this issue. LPC /cc CITYATTY /MEMO /OXBOW.001 RECEIVED APR 2 61993 COMMUNi•TY DEVELOPMENT 6200 Cnnthrnntnr RnIllnvarrl • Tnkwfla. W.ishfnntnn ()RI RR o Phnnn• 12(6) 433•tPi7 • P v. two 431- /R33 «x.< nr:aa:n >:•c �..rx.v.r...:cr:.•o:a -•: v. ,: u•< v... rn....<... ....,,..,........• +,........,.. ..__.,.....,......,.... -.vr. narv�. a¢ awcr. �rrr. al t�nm' �r't ^.wt<' ~erA C KM EA/ T PROPOSED OXBOW ANNEXATION AREA PROPERTY BY TAX CLASSIFICATION A. STANDARD LOTS Lots with a tax parcel number and assigned a value by the Assessor. Map # Parcel # Assessed Value Property Owner 04 -23 -04 -9001 $696,800 Fremont Associates 700 N. 36th St. Seattle, WA 98103 2 04 -23 -04 -9011 $1,000 Sec. Pac. BK R/E TR A/C Desimone #6500153 P.O. Box 3966 T16 -1 Seattle, WA 98115 4 04 -23 -04 -9057 $625,900 Katherine M. Desimone 2605 S.W. 170th Seattle, WA 98166 5 04 -23 -04 -9073 $1,054,100 Fremont Associates I 700 N. 36th St. Seattle, WA 98103 7 04 -23 -04 -9150 $8,248,100 The Boeing Co. P.O. Box 3707 M/S IF -09 Seattle, WA 98124 8 04 -23 -04 -9186 $26,472,900 The Boeing Co. Sabey Corp. P.O. Box 3707, M/S IF -09 Seattle, WA 98027 10 04 -23 -04 -9189 $1,251,600 The Boeing Co. Sabey Corp. P.O. Box 3707, M/S IF -09 Seattle, WA 98124 11 04 -23 -04 -9190 $632,900 The Boeing Co. Sabey Corp. P.O. Box 3707, M/S IF -09 Seattle, WA 98027 12 09 -23 -04 -9278 . $58,200 Robert V. & Ruby C. Pontius 3323 S.W. Seola LN. Seattle, WA 98168 • 1 19 284380 -0040 $94,300 Ray H. Wilson 5637 S. Prentice St. Seattle, WA 98178 • • • - • fihkif•Ont fa 1,2 t ot.C.P.,■• ..K.I.x...■•••,,,V,rn•rd.,,• • Map # Parcel # Assessed Value Property Owner 20 284380-0045 $76,300 Sabey Corp. 201 Elliott Ave., #400 Seattle, WA 98119 21 284380-0046 $49,500 Sabey Corp. 22 284380-0055 $73,800 Joseph A. Budinich 7906 10th Ave. S.W. Seattle, WA 98106 23 284380-0060 $96,100 Gregory A. & Janice R. Cherin 11028 27th Ave. S. Seattle, WA 98168 24 284380-0065 $94,900 Robert V. & Ruby C. Pontius 3323 S.W. Seola LN. Seattle, WA 98146 25 562420-0970 $195,700 Thomas & Mary Kent 407 S. 289th St. Federal Way, WA 98003 SUBTOTAL = • $39,722,100 B. TAX EXEMPT PARCELS Parcels which have been assigned a property value, but are exempt from taxation. 3 04-23-04-9013 $281,700 State of Washington Port of Seattle C-W-W-1 6 04-23-04-9130 $42,780 (Portion) Seattle City Light Oxbow Acreage PMNO 230404 Total Parcel Acreage 1015 3rd Ave. Seattle, WA 98104 9 04-23-04-9187 $521,800 Port of Seattle ." • 1410 S. 200th St. Seattle, WA 98198 13. 284380-0005 $21,300 METRO . • 821 Second Ave. Seattle, WA 98104 14 284380-0010 $35,400 METRO 15 284380-0015 $35,200 METRO 16 284380-0020 $37,100 METRO 17 284380-0030 $22,300 METRO ...... Property Owner METRO C. PUBLIC RIGHT -OF -WAY 28 * Indicated by puple diagonal slash marks on the map. D. OTHER PARCELS WHICH HAVE NO TAX SYSTEM IDENTIFICATION OR ARE IDENTIFIED, BUT HAVE NO VALUATION ASSIGNED. 26 S.C. 469557 0 Washington State DOT .27 AF 4759860 . 0 (Private access road) TOTAL VALUATION = $40,740,980 ` M• r 6 awl r - r, Ar 4 _ . ....:.:1';' 4 r. y s '/ H!GHI 11 I 7-4:fr----1-1 17'9 7,4 PUBLIC RIGHT OF WAY WITH ZERO VALUE FOR GENERAL TAXATION I \� J APPROX. SCALE 1" =800' �, qtr t,, • , . 4 y FV , \_ .__ _ 1 — = ;;. -��•c err. - ^�� 3 _ + TUK E44723 -4 304 E ca Z0 r SEATTLE SUBS T,w_ md= 1 If , a 11 , 1 1 i 1 1 I 1 1 II Q„ `a1 ...::-...1--"r"- 11 III, r.L1,1i ..u....r.+ r 4%1 •v[lo•a lour" ;IV L LO.aT+N( O /TI4C•7M4 Cl14 oA17,o�CLAII Go 1. 10.10 re ,,.•. IV 1 AUTO NNE C •I'fwAtet •• Act 6 aw -r 1 OC i t .r. /08TH eoc11JC, $ r 5seo2) 6 H Sr+ • 0 RY C LU B S 110TH C = •h.• 1r.N Gov IN 1 V, Inn . Au' •401 - 14 ♦ . \ , \ \\ tN \ \ \ 2 \ \ frI I 140L041. L0 ••LINO YLL•••.r•L r t, LO•ST.V[10.3 vfOUTM LINO OI T/YMNY CAOA pO.T /ON CLAIM O.II 1010 II rM 0 • L 7 .UIO .� I11G !c R Cr II•fi%IRPI •.• re,,'. .0'14 . . y.ep i • 2:6„:" a n r ton, 4 IrCJUSb AL /08TH ST. y Nor WV N Ertl S • 518023 4. or of RY C LU B as /IOTN t C ?L \'AG,ti(j\ iu,k V mas ryatLE55 .IM00VCTT0. .,..041.0 LI1 _T ..tl.,•041 D1'" 110 /G`L .t1 ov't I 6.60 «cres i 6RATLCR 352 AL IS A5. AL RIVER ' !{1j5k.y "' " ' jai. 2L�.��.i., -•.� L'toc2 I c.--TE WAY tORTH'' ui S•304.31 jL JLIAI rd. c; I� c 01L Lo 0 It u�y 3325 L. 1104. 11004 3.1114. ROUTE 99T .. t'JY'•itAUUi•�1i1^. rS� :wGWV6t Gi`�L� �� dAb6q(o l �,(g Ig.R "IK,`;,j :' 0 16 ;;irar.<ay�fi'nn.?izac��y�o-�3 {{p { �t. �... ,... .c�.L.F��4. lefeagaVatt 17.4100.1.. ... � a I FSl roart v� 0141 (,u , ma-rdi r� (`(`611V14 - a t e • ' 04•40,--eco- .,414 . •••• • - --4,-;,—.977•ITY?k■arlfrp-p-r7.75-;7174— • • 'W.., • I • •■.■ • •••• • — -.9.. /OA ••■■ ":1••••■,'• 4(41: • • • •• • • - • • ••• • • *4, 1: II,/ ."r T11--.7r• rfrir,11;•' 1.14.1:47,111frr triVrefT4i:L. AA.;,:‘,4?5,E • •erav.i. Lb* ' •ft • ' • kit - ` "••■• • • r•. • 11 ♦ v \ 1 ' L 1 `� ` \1 • " %` NriP �fl�`''rF,.�..fS•` • � _ • ••••.r, % /1; 3a t�• a� i' i .� f.�t`: r�tcy7,�;J''••+.i'y"¢7+ta.k -n• :.+: l ,.�.:,, 4c��fj ;1•y:��clti,,.,`a'i��,l�i� j� ��Y�+ + �1 • K .. ri r tiG r., , t1�! /. i/ r a fr 1 t �;' "^ . "•,�;, fir' j ••s• il- `r{J �_ ,. +,.._ fie • • ICt LG' r • .. n,,,, • .fr:17.=1."_!4%. Wit.`v;�' t•. '�” •.114 ;. f s• ty% n e4I• 4,111, 14.41:Pel 1.A. 1.6} ••.• •e • • To: From: Date: RE: • City of Tukwila John W Rants, Mayor Department of Community Development Rick Beeler, Director MEMORANDUM Linda Cohen Rick Beele Departme ALnity Development April 27, 1993 Ox Bow Annexation Resolution. I have drafted a Council resolution for their adoption on May 3rd, based on C.A.P. Committee action last night. The resolution will be distributed to Council on Friday. Please review and revise this resolution as needed by Thursday. I have attached an earlier resolution which was used as a "guide" for your information. Vernon Umetsu should be contacted at x -1684 if you have any questions. Thanks. 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • (206) 431-3670 . Fax (206) 431-3665 AV-7- A RESOLUTION TO AUTHORIZE PROCEEDING WITH THE DIRECT PETITION ANNEXATION OF CERTAIN PROPERTIES AND INITIALLY ESTABLISHING ANNEXATION PROVISIONS WHEREAS, a Direct Petition has been received to annex certain properties (Attachment A), which are described in Attachment B, to the City of Tukwila, and WHEREAS, this petition is submitted pursuant to RCW 35A.14.120 and is on file with the Tukwila City Clerk and WHEREAS, the City Clerk has certified that the petitioners represent at least 10% of the value of property in a potential annexation area which is described in Attachment C and WHEREAS, the City Council is required to meet with the petitioners to initially establish annexation provisions pursuant to RCW 35A.14.120 and WHEREAS, initial conditions are subject to later modification by the Council after detailed review, but must be finalized prior to circulation of an annexation petition to all property owners and WHEREAS, City staff have reviewed their initial findings with the City Council. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, RESOLVES AS FOLLOWS: Section 1. Approval to Proceed. The City Council hereby approves staff proceeding with the Direct Petition annexation process pursuant to RCW 35A.14.120. Section 2. Initial Annexation Provisions Established. The City Council hereby establishes the following initial annexation provisions, subject to later review: A. The annexation area boundary shall be as described in Attachment C, B. Assumption of bonded indebtedness shall not be required, and C. Simultaneous annexation zoning shall be established. RESOLVED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AT ITS REGULAR MEETING ON THE 5th DAY OF May, 1993. APPROVED AS TO FORM: Linda Cohen, City Attorney ATTEST /AUTHENTICATED: Jane E. Cantu, City Clerk Filed with the City Clerk: Passed by the City Council: Resolution Number: Steve Lawrence, Council President ATTACHMENTS A. Petition to Annex B. Description of Petitioner Properties C. Description of A Potential Annexation Area file: form.res p_ccoe,07-(0;.o vse). AS A "GOrl?� CITY OF TUKWILA WASHINGTON RESOLUTION NO. /43f RESOLUTION OF THE CITY OF TUKWILA, WASHINGTON, APPROVING THE PROPOSED CASCADE VIEW ANNEXATION AREA AS MODIFIED BY THE KING COUNTY BOUNDARY. ,. REVIEW BOARD BY THE ELECTION METHOD AND REQUEST- ING AN ELECTION DATE WHEREAS, a petition calling for an election to vote upon the annexation of certain unincorporated territory contiguous to the City of Tukwila was filed with the office of the King County Prosecuting Attorney, and WHEREAS, pursuant to RCW 35A.14.020, the King County prosecuting attor- ney certified the petition as being sufficient, and transmitted the same to the City Council of the City of Tukwila, and WHEREAS, the City Council caused the filing of a notice of intention to annex the property with the King County Boundary Review Board, and WHEREAS, the City Council, by Resolution No. 1112, expressed approval of annexation of the area known as cascade View Annexation Area subject to final determination of the boundary by the King County Boundary Review Board, and WHEREAS, the Boundary Review Board, on January 11, 1990, entered an order approving a modified boundary for the annexation area, and WHEREAS, after public hearings on September 11, 1989, and October 15, 1989, the City Council passed ordinance No. 1539 on November 6, 1989, providing for comprehensive plan designations and zoning and land use regulations for the area to become effective upon annexation, NOW, THEREFORE, the City Council of the City of Tukwila, Washington, resolves as follows:. Section 1. Approval of Annexation. The City Council hereby approves the pro- posed election method annexation to the City of Tukwila of the property known as the Cascade View Annexation Area, as modified and approved by the King County Boundary Review Board in its decision of January 11, 1990. The area is shown on Exhibit A attached hereto and legally described in Exhibit B attached hereto, both of which exhibits are incorporated herein. The Council requests that the King County council immediately proceed. to adopt an ordinance to provide that an election be held within the proposed annexation area on May 22, 1990, to decide the question of whether or not said area should be annexed to the City of Tukwila, and if that date is not available then on the earliest date thereafter as shall be approved by the King county Department of Records and Elections. Section 2. Zoning and Land Use Regulations. Pursuant to RCW 35A.14.330, the City Council previously adopted ordinance No. 1539, providing for Comprehen- sive Land Use Policy Plan Map designations and zoning and land use regulations for the subject area to become effective upon annexation, and the City Council hereby requires that there be submitted to the electorate of the territory to be annexed, together with the question of annexation, the adoption of said zoning and land use regulations to be effective upon annexation. RESOLUTION Page 2 Section 3. Assessment and Taxation in Annexation Area. Pursuant to RCW 35A.14.020, the City Council hereby requires that there also be submitted to the elec- torate of the territory to be annexed a separate proposition that all property within the area to be annexed shall, upon annexation, be assessed and taxed at the same rate and on the same basis as property within the City of Tukwila is assessed and taxed to pay for all or any portion of the outstanding indebtedness of the City, including assessments for taxes in payment of any bonds issued or debts contracted prior to or existing as of the date of annexation. Section 4. Notification of Petitioners. The City Clerk is hereby directed to pro- vide notice of this resolution to all of the petitioners either by mail or by publication as required by RCW 35A.14.020. Section 5. Filing of Petition. The City Clerk is hereby directed to file a copy of this resolution with the King County Council. RESOLVED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASH- INGTON, AT ITS REGULAR MEETING ON THE 5TH DAY OF FEBRUARY, 1990. ROVED AS TO FO ffice of the City Attorney an Hernandez, Council Presi ATTEST/AUTHENTICATED: ent Maxin- Anderson, ity Clerk FILED WITH THE CITY CLERK: / - 9 D PASSED BY THE CITY COUNCIL: 02 - s - 9 0 RESOLUTION NUMBER / 10 / To: From: Date: RE: City of Tukwila - ..'..- .�.., -..r, +awn, . ,ru•rc:rr:u-1; .:\_- . . John W. Rants, Mayor Department of Community Development Rick Beeler, Director MEMORANDUM Mayor Rants Rick Beeler, Director Department of Community Development April 14, 1993 Ox Bow Annexation Schedule. The annexation's critical dates and subsequent project scheduling are shown below: Critical Dates 1. Alan Doerschel has identified three critical dates for tax revenue collection by the City. This has been applied to the estimated $39.8 million assessed valuation (AV) in the annexation area and potential revenues shown below. These figures have been approved by Doerschel. Annexation Date Tax /$1,000 AV and Period Revenue Total OCT'93 1994 1995 Before Oct., 1993 $0.92 $1.84 $2.84 $36,616 $73,232 $113,032 By Jan. 31, 1994 0 $1.84 $2.84 0 $73,232 $113,032 After Jan. 31, 1994 0 $1.84 $1.84 0 $73,232 $73,232 1996 $2.84 $113,032 $2.84 $113,032 $2.84 $113,032 $335,912 $299,296 $259,496 2. In order to satisfy the pre - October deadline, sufficient staff work must be done to meet the following product dates: a. Council adopts a resolution establishing the annexation area and process by May 11th. 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • (206) 431 -3670 • Fax (206) 431-3665 b. Planning Commission recommendation on pre- annexation zoning completed by May 27th. c. City Council holds zoning hearings on June 7th and July 12th with adoption of zoning and all annexation conditions on July 12th. d. Petitioners complete circulation between July 13th and August 19th. e. Council adopts the annexation ordinance by September 13th. Proiect Work Schedule A high priority work plan would complete the annexation in about 5.5 months and 160 staff hours. This work plan is shown in the attached sheets. The work plan provides a half month cushion at the end, but must be started in about 10 days. Staff hours (100 of 160) are concentrated in late April through May, in order to file the BRB Notice of Intent and have Planning Commission review in May. The May Commission date is essential in order to allow pre - annexation zoning to be established in a timely manner. Filing with the BRB at the end of May will allow completing their review by mid -July when the Council would authorize distribution of the petition. A contested annexation would require an additional 3 months, about 60 staff hours, and all but eliminate the possibility of a September annexation. This project can be completed within the time and resources available to meet the October deadline. However, it will require postponing all GMA work during May. This will set back the Residential Neighborhoods and Urban Centers plans by 1.5 months. State statutes provide for no County involvement except for notification once the annexation is completed. This has been confirmed by the BRB Executive Secretary (Wilkinson, 4/14/93). Please contact myself or Vernon Umetsu (x -1684) if we can be of any further help. file:ox \schd.1 w n� r n m w w (D cn to hh o � • • o a o • AN co w o 4, -^ O u1 v to p. w 0 O 0 to rt h( 0 LP 0" 0 • • 0 0 0'0' •• 0 •(D (D 0 ron (D as as r• (D r• (n (D 0 (D 0 h-1 c t ct rt rr a. rt n r•‘•C °h✓ ro ° 0 Ca •• H. r• - 5 0 (D cn 0 0 (D hi ID ° m ID ° 0 arrh m E ft p' ti ro cat rt 0 rrt (�D (D hi 0' 1--1 1 w a hi hi (roD crt N CI 0 N (-1- II as Gww o I< • 0 ink N CD N•0' 1✓ 0 cn a (n H (D i�0 0 a 1• 0 N 0 N rt 1-h O W rt b" 0' M • W t'a 0 cr0. CD a. m N N ht O 0 (n r• a 6C N ►C 0 (D (n M a eq TTEus • a rtH O 0 0' ct < 0ID ro ht A. • m ►(1) r• a � ►C an a ro a' to hi 0• II 0'm H. (D (D n hi. P3 m m PO r.•• 0 00 trH (D hi rtc rt 1 n (DD ° al b N PO (D a •• rt ID a (D 0 II rt. O N 7d crt ro rt I-, a o O a rt 1-t ht En ct N a r• wro (n c w O � co as rrI boo o O'4((DDw• 1�m 0 O 0 0 1-, �WM (D D •hh a ( (D a 0b 0 Nrt0 t O 1-h hi to rt •• O 0' r• a rt 0 rt • (D 0 0' o D• � rat 0 0 m b( ° (D C hN'• ro 0 v ro° cn 0 r 0 w N rt 0 0' ct hi 1n • (D H• cat rt 0a tr. a° (fl O no 111.4 CD 0' w° et En • N r P'0 g 0 rt w 1.4 E n a ID ~ O • N "En 0 0 ~ 0 0.Fa -4rt °,ato w�° (D 1✓ a 0 0 O ti tr 0 - G (1) cat. h°h (D 1-•• na0 O 0' ht w b' (D s c c 4n m 0t£' tT'VS£ MDU W tit otu Lk) MDH Lk▪ ) w •ui ' £6 /ZT /t 'uosuTXTTM A Alda Wilkinson, BRB Executive Secretary, 4/12/93. CD 0'0 0 0 0 a • n ro Pn m aI (D m o m P 0, rt (D FOi o a o a w 0' a a N c] d' hi 0 O a 0 =Fat O n r• d rt G z o moo m r• (D H d tr b 0 d (D N °a w 0 O n ((0 11 ((0 Cfl Ia-4 0 • D• 1 0 X 0 a Fi art 4dr• >dwXa r•0 a 000 ONO cn r•-- I-, wodwart ( pr• rt rt <0 rt a O 0 0 rt 11 5 P. rt `• }- a 0 `a w o o a 0 0 cn r• tr 0 O a o r•• o rt0 d 11 d. 0 rt oirs o 1 • 1-. r) C1-C d Zd N 0 m f7 r•m m b O r• O r W tq - w r• ►Lt O N $ 0 cn N Fi 5 0 00 rocn0 a O N OI— 9 0 r• rt 0 P- 1-1 I-' r•O i r•rrta O d Him 0 7c1 rt a 'an O an d 'd d ao• Ft w P. NUIa r• fl rt CD r•0 a n64 r•a 0 m cn d d a CD 0 tr1cn0 mrtmc+p1-4 I-' acn W rt aW w 11 (D n d P. 4 cn a r• Fi a xi w W b r• d ^ rt Fi N 5 cn O1 O hi r• I.< m r• U, m 0w Htr0' m �'m t:ra m � rt w r• w o o (D a '< 'd rt O w a r• •• 4rt 011 ~w aE Ft 0 D d 0PA - rt m m a r• Id I-I PI O 11 o m m 11 0'1'd O 14 Z P. o 0 aaN a rt 11 rt 0 N r•H rt • 0 O d 0 a CD tr r' m a Pt, o cn a N w tv rt d n0• Ii 1-4 d11I -r.0 o mn FiNr- • (D 0 r• a P. n o o tr i I-. a m o o CD n H rt a I-' m NJ a rt ►c • m N rt '"3 cn b d rd r• 0 o w 0 o 0'�, CD cnamnnn a cno w 0 0 C rt r•m CD cn awd 11 a1-t, r• N H. r• rt N b 0' a d m O. O CO d rt m I-'m 0 O(D N lCw 5 a5 H w P? a P. cn m n ►d cn w 0 H G °Id d 3 m O ' O O m Ft d IU m cn • 1-1 rt P. m tart d P. II-I a s a 0 o 0 1•-' rt rt P d (D N W W n m tr 1-.• rt aw cr$ N -- En rt m 0 rt ti-t m o N 0 r1" En r• 0 0 " 1.1 0 (D a N H n (D w 0 h, a cn 1-•+ h, 7-.)(,) a qJ filj 0 D ,1,_ ,,,., .,,,,,„,„f-i.c, rc, ,,,, n i ,11 C 1 a UT P. ov,,,A 161 4 ' •I " o n t. n Q n _ (' lD eirD G / N e..-r- - 'O7T'tI'VS£ MOH 'OST'tT'KS£ MD2i ' OAT 'T'VS£ MOH ' 0£T' VT'VS£ MOH (17)(1170'TO'vS£ M3H.ZT iT'VS£ MOH u ro ((D t rt c0D O M b r• • co so, n° rt (D n En Ho Ps' En En r a rt o rt w 0• N• 0 0 cD oID rn I-I. O (D rt- o b' rt ID O U) 0 1- cD rt A. In• d 0 CD H (D H a 0 a H ro H rt 0.1'0 h n En ►'d b co O• n O• b O• 0 b' b• (D n (D 0 b' ID 0 ID ct cD ID a b (D N (D 11 rt. 0 ,A 0 art ID a w 0 (D r1 (D (D PO 0 b I• W X n b' (D A0 X n r• n ID ID H. O N rt (11 H. I-'hs • ID 0 00 5titir• H. rt rt r• 1-* a 0 W 0 r• rt ID F-' 0 O r•L cn CD rt. b b 0 0 t DI am b O b' C) 0' I-, C) b 0 I-{ a . ti N O 'CI (D rt ID r• 0 w 75' rt C w rt r ar• o F-+ rt I-+ r•r•aro 1-'• (a) O (D C. rt 1-41 r• 0 o 1-'1.0 t+, tt 11 ti . r ID ID 0 b' tO 0 0 ti '4 ID P. X• 0 a •�C ( D 0 1- a 0 m C 0 rt !n b m rt P) cn CD • a w rnr•w 0 b'0 P) • a (DD IIDD o w CD `n �(0 10 d 1--� 0 (D b' N0 rtbEOnro • fD ~ CO °, rt CD 0 d' HI (D ''c to (D rt rn 0 b' •• ID (D r• rt 0 N N H. H. ID a ID' w C) a b' 1-1 rt a rt I-' X b b' rt tt r• 0 ID H- O' ID I-'• b ro 0 b' r• ID 0 p, 0 rt (1. PI W70e rt (D 0ko0bo w H. 5 a 1C a 0 Ip tI rt (D C) O rt rt w b w rt O X (D b' nh ao 0� ID rr't En 1-,. a 0 cD O rt }.J 0 0 X ID wb 1`...'n O r• 0 o W ti H 0 0 rt r• b rn w En 0 rt rt N w t•fi b cn rt rt H. 0 b' 0 H. ro 11 64 64 ID 0 a 11 0 0 d b' ID rn rd rt a (D I-' . rt 0 b' (D w o ID 0 n O 0 'mob, N11 11 RI N P ON 0"Fi 0 I cD tat. • w IDD 0 rn 0 m ' 0) 1.0 11 I H. , 1-'• rt* 0' CD (0 a o / Af r. c z y 7 c City of Tukwila John W. Rants, Mayor Department of Community Development Rick Beeler, Director MEMORANDUM To: Mayor Rants From: Rick Beeler, Director Department of Community Development Date: April 14, 1993 RE: Ox Bow Annexation Review by Community Affairs and Parks Committee. Annexation Proposal The City has received a petition to annex certain properties shown in Figure 1 (attached). The annexation would be through the Direct Petition method which requires that owners of 60% of the annexation area value agree to annex. The immediate staff request would be for the City Council to meet with the petitioners on May 3rd per RCW 35A.14.120 to: 1. Accept, reject or modify area boundaries, 2. determine what, if any, indebtedness must be assumed and 3. determine if pre - annexation zoning shall be established. Staff has generally reviewed the proposed annexation and recommends the following: A. Establish an annexation area boundary as drafted by Planning and Public Works staff and shown in Figure 1, B. Waive assumption of City indebtedness based on the positive fiscal impacts of the annexation and past Council actions in not requiring this charge, and C. Agreeing to the petitioner's request for pre- annexation zoning. 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • (206) 431 -3670 • Fax (206) 431-3665 r-.GURE 1 Oxbow Annexation Location Map NO SCALE DRAFT OXBOW ANNEXATION AREA BOUNDARY ill ?liiil +•lJ,�••ii !'ki, file . J, Jj'Flrtfl'!!('fitr, +j11?ii:j,;i - BURIEN ,��;tt� +;,. Approx. ilitif�l�iltli't'�ll;t;•'lil 2.2 miles • r Critical Dates 1. Alan Doerschel has identified three critical dates for tax revenue collection by the City. This has been applied to the estimated $39.8 million assessed valuation (AV) in the annexation area and potential revenues shown below. These figures have been approved by Doerschel. Annexation Date Tax/$1,000 AV and Period Revenue Total OCT'93 1994 1995 Before Oct., 1993 $0.92 $1.84 $36,616 $73,232 $2.84 $113,032 By Jan. 31, 1994 0 $1.84 $2.84 0 $73,232 $113,032 After Jan. 31, 1994 0 $1.84 $1.84 0 $73,232 $73,232 1996 $2.84 $113,032 $2.84 $113,032 $2.84 $113,032 $335,912 $299,296 $259,496 2. The key work plan dates for meeting the pre - October annexation deadline are shown below: May 3rd. Council adopts a resolution establishing the annexation area and process. May 14th Boundary Review Board "Notice of Intent" is submitted. May 27th. Planning Commission holds a hearing and forwards a pre- annexation zoning . recommendation to the City Council. June 7th. City Council holds the first of two zoning hearings and establishes all other annexation conditions. July 12th City Council holds the second of two zoning hearings, :;adopts pre - annexation zoning and all other annexation conditions, and authorizes circulation of a property owner petition. Aug 19th. Petitioners complete circulation between July 13th and August 19th. Sep 13th Council adopts the annexation ordinance. State statutes provide for no. County involvement except for notification once the annexation is completed. This has been confirmed by the BRB Executive Secretary (Wilkinson, 4/14/93). Please contact myself or Vernon Umetsu (x -1684) if we can be of any further help. ATTACHMENT filesox \cncl.1 .... PROPOSED OXBOW ANNEXATION AREA PROPERTY BY TAX CLASSIFICATION A. STANDARD LOTS Lots with a tax parcel number and assigned a value by the Assessor. Map # 1 2 5 7 8 10 11 12 19 Parcel # Assessed Value 04-23- 04 -9001 $696,800 04 -23 -04 -9011 • $1,000 04 -23 -04 -9057 04-23- 04 -9073 04-23- 04 -9150 04 -23 -04 -9186 $625,900 $1,054,100 $8,248,100 $26,472,900 04 -23 -04 -9189 $1,251,600 04 -23 -04 -9190 $632,900 09 -23 -04 -9278 $58,200 284380 -0040 $94,300 Property Owner Fremont Associates 700 N. 36th St. Seattle, WA 98103 Sec. Pac. BK R/E TR A/C Desimone #6500153 P.O. Box 3966 T16-1 Seattle, WA 98115 Katherine M. Desimone 2605 S.W. 170th Seattle, WA 98166 Fremont Associates 700 N. 36th St. Seattle, WA 98103 The Boeing Co. P.O. Box 3-707 M/S IF -09 Seattle, WA 98124 The Boeing Co. Sabey Corp P.O. Box 3707, M/S IF -09 Seattle, WA 98027 The Boeing Co. Sabey Corp. P.O.-Box 3707, M/S IF -09 Seattle, WA 98124 The Boeing Co. Sabey Corp. P.O. Box 3707 M/S IF -09 Seattle, WA 98027 Robert V. & Ruby C. Pontius 3323 S.W. Seola LN. Seattle, WA 98168 Ray H. Wilson 5637 S. Prentice St. Seattle, WA 98178 r.. Map# 20 21 22 23 24 25 B. 3 6 9 13 14 15 16 17 • Parcel # 284380 -0045 284380 -0046 284380 -0055 284380 -0060 284380 -0065 562420 -0970 SUBTOTAL = Assessed Value $76,300 $49,500 $73,800 $96,100 $94,900 $195,700 $39,722,100 Property Owner Sabey Corp. 201 Elliott Ave., #400 Seattle, WA 98119 Sabey Corp. Joseph A. Budinich 7906 10th Ave. S.W. Seattle, WA 98106 Gregory A. & Janice R. Cherin 11028 27th Ave. S. Seattle, WA 98168 Robert V. & Ruby C. Pontius 3323 S.W. Seola LN. Seattle, WA 98146 Thomas & Mary Kent 407 S. 289th St. Federal Way, WA 98003 TAX EXEMPT PARCELS Parcels which have been assigned a property value, but are exempt from taxation. 04 -23 -04 -9013 04 -23 -04 -9130 04 -23 -04 -9187 284380 -0005 284380 -0010 284380 -0015 284380 -0020 284380 -0030 $281,700 $42,780 (Portion) Oxbow Acreage Total Parcel Acreage $521,800 $21,300 $35,400 $35,200 $37,100 $22,300 State of Washington Port of Seattle C -W -W -1 Seattle City Light PMNO 230404 1015 3rd Ave. Seattle, WA 98104 Port of Seattle 1410 S. 200th St. Seattle, WA 98198 METRO 821 Second Ave. Seattle, WA 98104 METRO METRO METRO METRO Map # Parcel # ............. �...,..... �.. ................. vro,. k. x.,:. ew+. nmverw•;• rarmrx-[ w�w�vcszw.: smv.» �o-w. r. mrn: r+u�tt..�}nse:rnnxe+rr..mRSwa�tiCZ trnea`AfFf�'.dfldYt9r1:M:�yl;: •.{.Y+, Assessed Value Property Owner 18 284380 -0035 $21,300 • SUBTOTAL = $1,018,880 METRO C. PUBLIC RIGHT -OF -WAY 28 * Indicated by puple diagonal slash marks on the map. D. OTHER PARCELS WHICH HAVE NO TAX SYSTEM IDENTIFICATION OR ARE IDENTIFIED, BUT HAVE NO VALUATION ASSIGNED. 26 S.C. 469557 0 Washington State DOT 27 AF 4759860. 0 (Private access road) TOTAL VALUATION = $40,740,980 . John W. Rants, Mayor Office of the City Attorney MEMORANDUM TO: Rick Beeler FROM: Linda P. Cohen; City Attorney RE: Oxbow Annexation DATE: April 26, 1993 Linda P. Cohen, City Attorney I reviewed your memo of April 21. You are probably right with respect to these valuation issues; however, they are valuation not legal issues. In order to confirm these opinions, Vern should call the County Assessor's office so that we are certain that your conclusions are correct. Did you draft a memo for the mayor on the sequence of events for the Oxbow annexation? If so, it would be helpful for me to review it so that I can begin to get myself up to speed on this issue. LPC /cc CITYATTY /MEMO /OXBOW.001 RECEIVED APR 2 6 1993 COMMUNITY DEVELOPMENT 6200 Southcenter Boulevard • Tukwila, Washington 98188 • Phone: (206) 433 -1867 • Fax (206) 433 -1833 City of Tukwila John W. Rants, Mayor Department of Community Development Rick Beeler, Director MEMORANDUM To: Linda Cohen From: Rick Beeler Department of Community Development Date: April 21, 1993 RE: Ox Bow Annexation Tukwila is attempting to annex the Ox Bow area based on the Direct (property owner) Petition option (RCW 35A.14.120). A basic element of such an option is to establish the total property value in this area. Such a valuation is complicated by many acres of right -of -way, tax exempt parcels, and river area which has no tax parcel number. Please confirm or modify my conclusions regarding the need to include these areas in the overall valuation, as shown below: 1. Public Right -of -way. Examples of such areas are local, State and federal road right of ways. Such areas are owned by governments, have no tax parcel number and are assigned no value by the Assessor. Since no value is given "...according to the assessed valuation for general taxation of the property for which annexation is petitioned:..." (RCW 35A.14.120), I conclude that the assigned valuation should be $0.00 for this annexation process. The King County Boundary Review Board's Executive Secretary has not resolved this issue (Wilkinson, 4/21/93), but the City of Bellevue uses this approach (Odle, 4/21/93). 2. Tax exempt parcels. Examples of such areas are schools, churches, river areas which have parcel numbers, and freeway interchange areas which are left -over after road construction. Such parcels have been assigned a property value, but are exempt from taxation. I feel that such parcels should be valued as established by the assessor. This approach is endorsed by the Executive Secretary of the King County Boundary Review Board (Wilkinson, 4/21/93). 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • (206) 431-3670 • Fax (206) 431-3665 .,.:r.•kccrk".4:2LLl131%,.?.*W a•:70.:uiax,n.K 3. Other parcels which have no tax system identification or are identified, but have no valuation assigned. Examples of such areas are portions of river areas and private access ways which are not assigned to any parcel and only identified by Auditor File Number. I feel that such areas should be treated in a manner similar to right -of -ways and valued at $0.00 for this annexation process since they have been assigned no value for "general taxation" (RCW 35A.14.120). I need a response by next Monday, since the Mayor wants to fast track this project. The Community Affairs and Parks Committee of the Council will discuss this matter on next Monday (4/26), and a complete Council packet must be submitted by Wednesday (4/28), for a May 3rd Council meeting. Please feel free to contact myself or Vernon Umetsu (x1684) if we can be of any help. Thanks. filesox \value ?i3 L�+.uirSitilu AZIL -,sn.S .hrA;xr2ax.: *nN.kt©a:ad:::rr 1J s1":a...: giki3SJ1:5.1a11 4.4 regit'du ll`ari:'S`.'.i',gittlS?`gt City of Tukwila vYEP,' "a'F. "`;-';sar., "'»•„., 45;:il: 6200 Southcenter Boulevard • Tukwila, Washington 98188 John W. Rants, Mayor To: Rick Beeler From: John McFarland Date: April 18, 1993 Re: OxBow Annexation Schedule Thanks for the memorandum and work schedule for the OxBow Annexation. I'm sorry that I didn't have the chance to discuss it with you prior to close of business on Friday. I have forwarded it along to Wally, as it remains a topic of high interest to him. You can anticipate some scrutiny with respect to your estimate of 160 hours of staff work and the resultant impact on the GMA work plan. I have asked Wally to give you an opportunity to explain the plan. You may want to take the initiative on this before he asks. I'll follow up with you when I return on Friday. Good luck (you're going to need it). Phone: (206) 433 -1800 • City Hall Fax (206) 433-1833 sy!?yrc1c.^ T :v.:..:..r<,-t. ....,Ylv,•,,nrg•, Prepare BRB Application which will also be the annexation report to the City Council. 1. Calculate total value of area (4) 2. Coordinate interdepartmental concerns, impacts and costs (8) 3. Public involvement info sheet and meeting with area residents and property owners (8) 4. Report drafting, review and revision (30) 5. Attend the BRB hearing (8) Planning Commission 1. Work with property owners and possibly residents to establish zoning and explain regulations (20) 2. Draft staff report with findings, analyses, and recommendations on zoning and infrastructure (20) 3. Complete SEPA (8) 4. Post public notice in the area and publish in paper 5. Attend public hearing (4) City Council 1. Prepare City Council packet and post public notice in the area (8) 2. Prepare annexation petition with all terms (8) 3. Attend two public hearings (8) 4. Mail out petition to property owners (4) 5. Prepare annexation ordinance (20) 6. Attend Council hearing and action meeting to complete annexation (8). �o'49'7� {T . ++rx; r{,:o R5 �:.'9 r 1� w .t �Ltie..� }• _ ,9h MT!'1 -:•+., iii %iti,'r`wai r'-0�k"�"s 1T. ''°ass,'bb`. ;si�•'<G +.w •.p+�..,. idiV...v.�v, `l= , i'm, : ��s: ra :eac7.;ro- s.1;a;sr.Frwr,�a�2'.i +iS: 41}3V,.,�.... a.:rr:':F;a :iaisa ; Y, t` 37..: ....,Y:n....%".`�+�A'rt,:ivt`•. c�." ?:` : °:.:.i�'�I.x✓.:u•,,.. "t%:kric ",...�. vs��r" "_.'Y,t...n ;rv'.�u4,r�aast,' lwl..'s.rn,rs .."," 1.tr..cr e. ra..lti isf t ..`°dus.Fk,' City of Tukwila 6200 Southcenter Boulevard • Tukwila, Washington 98188 To: Rick Beeler From: John McFarland (91 Date: April 14, 1993 Re: Oxbow Annexation ' John W. Rants, Mayor Thank you for your memorandum regarding the Oxbow annexation project. As we discussed, you would assign a staff person to pick this up as a priority task. Vern is certainly well suited to handle these responsibilities. I would like to see a breakdown of tasks and a timeline for each milestone associated with the project. If possible, an attribution of hours for each task would be helpful. I'm a little surprised to see that the effort will consume a staff position for two months. I would like to review the requested information with you prior to us briefing the Mayor and make any adjustments to the DCD work plan. Phone: (206) 433 -1800 • City Hall Fax (206) 433 -1833 November 24, 1992 Honorable John W. Rants Mayor, City of Tukwila 6200 Southcenter Blvd. Tukwila, WA 98188 Honorable Allan Ekberg City Council President City of Tukwila 6200 Southcenter Blvd. Tukwila, WA 98188 Re: Potential Annexation Our Asset No. 6503520 i-°1 3 P9 -ova X291993 ,� ,t Dear Mayor Rants and Council President Ekberg: As has been previously discussed with representatives of the City of Tukwila, please accept this letter as notice of our intent to begin annexation proceedings relating to what is commonly known as the Oxbow area. This area abuts the City of Tukwila and is located generally to the west of East Marginal Way at approximately the Boeing access road, and to the east of West Marginal Place South. In conjunction with other property owners in this Oxbow Area, whom we understand will also be submitting requests similar to this one, we would like to consider circulating a petition for annexation of this property by the City of Tukwila. Please set a hearing within 60 days after receipt of this notice so that we may determine the specifics of the annexation petition. Very truly yours, SEAT % FIRS CO- EE BANK ,AS President Richard H. Anderson, C.P.M.,R.P.A. Vice President /Special Accounts Very truly yours, )lam f =;� /vr >...t• �,,, r, "_cC 1 Mdndo Desimone as Co- Trustee Under the Last Will and Testament of Giusepee Desimone, Deceased otQl) 4. ) /iQ,LLLL .„'. Rosh D. Maselli as Co- Trustee Under the Last Will and Testament of Giusepee Desimone, Deceased November 24, 1992 Honorable John W. Rants Mayor, City of Tukwila 6200 Southcenter Blvd. Tukwila, WA 98188 Honorable Allan Ekberg City Council President City of Tukwila 6200 Southcenter Blvd. Tukwila, WA 98188 Re: Potential Annexation Our Asset No. 6500161 se.0 7.1) 'KW 29199'3 Dear Mayor Rants and Council President Ekberg: As has been previously discussed with representatives of the City of Tukwila, please accept this letter as notice of our intent to begin annexation proceedings relating to what is commonly known as the Oxbow area. This area abuts the City of Tukwila and is located generally to the west of East Marginal Way at approximately the Boeing access road, and to the east of West Marginal Place South. In conjunction with other property owners in this Oxbow Area, whom we understand will also be submitting requests similar to this one, we would like to consider circulating a petition for annexation of this property by the City of Tukwila. Please set a hearing within 60 days after receipt of this notice so that we may determine the specifics of the annexation petition. Very truly yours, Very truly yours, SEATT IRST- N4T_., AL / =ANK ,AS CO- B President By ichard H. Anderson,C.P.M.,R.P.A. Vice President /Special Accounts 17,;/),a3 � ., ;, i , > r-r"v ._•- do Desimone as Co- Trustee Under the Last Will and Testament of Giusepee Desimone, Deceased Rosh D. Maselli as Co- Trustee Under the Last Will and Testament of Giusepee Desimone, Deceased .Q,63 QUR Kat erine M. esimone, Individually Katherine M. Desimone as Trustee Under the Last Will and Testament of Richard L. Desimone, Deceased Il C'j7 Fir • mpg .r ^ 2 9 1993 1')F.Ni El November 24, 1992 Honorable John W. Rants Mayor, City of Tukwila 6200 Southcenter Blvd. Tukwila, WA 98188 Honorable Allan Ekberg City Council President City of Tukwila 6200 Southcenter Blvd. Tukwila, WA 98188 Re: Potential Annexation Our Asset No. 65000153 Dear Mayor Rants and Council President Ekberg: As has been previously discussed with representatives of the City of Tukwila, please accept this letter as notice of our intent to begin annexation proceedings relating to what is commonly known as the Oxbow area. This area abuts the City of Tukwila and is located generally to the west of East Marginal Way at approximately the Boeing access road, and to the east of West Marginal Place South. In conjunction with other property owners in this Oxbow Area, whom we understand will also be submitting requests similar to this one, we would like to consider circulating a petition for annexation of this property by the City of Tukwila. Please set a hearing within 60 days after receipt of this notice so that we may determine the specifics of the annexation petition. Very truly yours, Very truly yours, SEA ' FIRS ONA, BANK , AS CO 'R :TEE :, I/ • . ijRrAllr Ric ar• e President . An•erson, C.P.M.,R.P.A. Vice President /Special Accounts Motido Desmone as Co- Trustee Under the Last Will and Testament of Giusepee Desimone, Deceased City of Tukwila Office of the City Attorney November 24, 1992 Shirley Aguilera, RPA Assistant Vice President Trust Real Estate Columbia Seafirst Center 701 Fifth Avenue Ninth Floor Seattle, WA 98104 Re: Oxbow Annexation .. ,.,^ John W. Rants, Mayor Michael R. Kenyon, City Attorney Dear Shirley: As requested in your letter dated November 3, 1992, please find enclosed three separate forms of Request for Annexation. If the enclosures are deficient to you in any way, please feel free to modify them as you see fit. These forms of notice, when received by the City, simply serve as your statement of intent to circulate a petition for annexation. There will be as many opportunities as you feel are necessary to clearly define all of the specifics of the annexation, including portions of the various properties, legal descriptions, pre- annexation zoning, and the like. The actual annexation petition will only be prepared and circulated for signature once all of the details are resolved to your satisfaction. Please feel free to contact Rick Beeler (direct line 431 -3681) or me if you have any questions or need further information. Very truly yours, OFFICE OF THE CITY ATTORNEY Michael R./aIenyon City Attorpey MRK /cc Enclosures cc: Rick Beeler. (w/enc.) OXBOW.006 RECEIVED NOV 2 51992 COMMUNITY DEVELOPMENT 6200 Southcenter Boulevard • Tukwila, Washington 98188 • Phone: (206) 433 -1867 • Fax (206) 433 -1833 November 24, 1992 Honorable' John W. Rants Mayor, City of Tukwila 6200 Southcenter Blvd. Tukwila, WA 98188 Honorable Allan Ekberg City Council President City of Tukwila 6200 Southcenter Blvd. Tukwila, WA 98188 Re: Potential Annexation Our Asset No. 6500161 Dear Mayor Rants and Council President Ekberg: As has been previously discussed with representatives of the City of Tukwila, please accept this letter as notice of our intent to begin annexation proceedings relating to what is commonly known as the Oxbow area. This area abuts the City of Tukwila and is located generally to the west of East Marginal Way at approximately the Boeing access road, and to the east of West Marginal Place South. In conjunction with other property owners in this Oxbow Area, whom we understand will also be submitting requests similar to this one, we would like to consider circulating a petition for annexation of this property by the City of Tukwila. Please set a hearing within 60 days after receipt of this notice so that we may determine the specifics of the annexation petition. Very truly yours, SEATTLE FIRST NATIONAL BANK By: By: Very truly yours, Mondo Desimone as Co- Trustee Under the Last Will and Testament of Giusepee Desimone, Deceased Rose D. Maselli as Co- Trustee Under the Last Will and Testament of Giusepee Desimone, Deceased ondo Desimone as Co- Trustee Under the Last Will and Testament of Assunta Desimone, Deceased A`, )2et ce_g-6e—L) Ros D. Maselli as Co- Trustee Under the Last Will and Testament of Assunta Desimone, Deceased Clase4Fifigr November 3, 1992 Michael R. Kenyon, City Attorney City of Tukwila 6200 Southcenter Blvd. Tukwila, WA 98188 Dear Mr. Kenyon: .�. -.rr.` r ....,."�.+1 .. - ,.J..�,n 4 "c: `1.:::: •f:v -•. RECEIVED NOV 0 5 1992 CITY OFTUKWILA Cf1Y ATTORNEY'S OFFICE p'.:f�;9:V. <7.� ;.Y'ir..E^�:�7 Y ?;:9VT.':S ^. ,ter- �x ^�.'�t. Y,...;>r.� �:e`�.S �Y.•• I am returning the annexation letter from the City of Tukwila as it contains inaccurate information. The attached map show the three properties in trust. We are not responsible for the 4.65 acres in the Richard Desimone estate. You will have to submit documents directly to them /him. Please do not include them in documents related to the trust. You will have to prepare three (3). annexation documents for the three properties as shown on the attached map. I was not sure if all or only portions of the three properties were King County or Seattle. Please document which portions of the properties are to be annexed. ' The three assets which look to me to be part of the annexation are: 1. Our asset #65000153, known as the Oxbow /Boeing parking lot, whose owners shall read: Seattle First National Bank, Mondo Desimone, and Rose D. Maselli as Co- Trustees Under the Last Will and Testament of Giuseppe Desimone, deceased, and as Co- Trustees Under the Last Will and Testament of Assunta Desimone, deceased. 2. Our asset #6500161, which is a ground lease to Sabey Corporation, and whose owners are: Seattle First National Bank, Mondo Desimone and Rose D. Maselli as Co-Trustees Under the Last Will and Testament of Giuseppe Desimone, deceased, and Katherine M. Desimone, individually and as Trustee Under the Last Will and Testament of Richard L. Desimone, deceased, and 3. Our asset #6503520, a portion of which is leased to Fremont Associates and a portion to Boeing, and whose owners -are listed as: Seattle First National Bank, Mondo Desimone and Rose D. Maselli as Co- Trustees Under the Last Will and Testament of Giuseppe Desimone, deceased. ;Each document must baalgned by two officers of the bank and the other two Co-Trustees, or Trustee, If you have any questions please call me at 358 -8835. Shirley Aguilera, RPA Assistant Vice President D July 30, 1992 r,. Honorable John W. Rants Mayor, City of Tukwila 6200 Southcenter Blvd. Tukwila, WA 98188 Honorable Allan Ekberg City Council President City of Tukwila 6200 Southcenter Blvd. Tukwila, WA 98188 Re: Annexation of Oxbow Area Dear Mayor Rants and Council President Ekberg: The undersigned are the Trustees for the Trust and the Trust respectively. The Trusts collectively own more than ten percent in value, according to the assessed valuation for general taxation, of the property generally known as the Oxbow area. This area currently abuts the City of Tukwila and is located generally to the west of East Marginal Way at approximately Boeing Access Road, and to the East of West Marginal Place South. We would like to circulate a petition for annexation of this property by the City of Tukwila. Please set a hearing within 60 days after receipt of this notice so that we may agree or} the specifics of any petition. Very truly yours, Shirley Aguilera, Trustee Trust S r i a h b 7621 exo e., 1,, ch a rD1 L -SI Al 0 (le_ c0 no/ /'1o1--)d0 be..J 11 /IA ore, a us{-ee S jrde;n l f wl ho' of �d of' Giu�pae ) movie, cceas , d Sea file hr; n/adi'alai goo k , Monclo gieS/ e art a( gas-Q. h.�t / as -1 /, ' o 5 Co, , Tr -re oc A- srL't1a Onixicie, oleceosed Very truly yours, Richard Desimone, Trustee Trust :' ES. .11 h11; S. 102ND ST. ;Leto • r ti • \\\ ��� is .��l�f1tr/ / o \�..V' �cnlp3�L7�i0 6,5 Oo `'�” RICHARD DESIMONE TRACT (C) � \ �'`� \ r',.:; 8.10 Acres' .s C�" (FOR LEASE) -�. ,cn C,. SC \\ • ••t„ ■ r ;r�``` ., 1 es ti. C H 1.1 \\ `\ 1� Rq A VIVA ', y'r h'0 Mi v+ '1\ v' SCALE IN FEET 4G0 fr 1 1'.r 1'Hi t. oh, '2,111 f3 „ 7t- b?oc ;1 )2:L r- / . • a �A..w,irw,��,•ay.*flft? M't M .tLV.TfIYa:fS' TRICC"::�Y:t'Yet`..�HUY�.:iY MY¢V•5+�.✓sY[muai�W:Y✓K9 City of Tukwila Office ce of the City Attorney October 29, 1992 Shirley 2.guilera Seafirst Bank Real Estate Investment Services 701 Fifth Avenue, 9th Floor P.O. Box 3586 Seattle, WA 98124 -3586 John W. Rants, Mayor Michael R. Kenyon, City Attorney Dear Shirley: Rick Beeler passed on your request for copies of the enclosed material, which has previously been sent to Dick Desimone. Please let Rick or me know if you have any questions or need further information. Very truly yours, OFFICE OF THE CITY ATTORNEY 4`'L(' Michael R. nyon City Attor MRK /cc Enclosures cc: :Rick Beeler (w/o enc Dick Desimone (w /o enc. OXBOW.006 RECEIVED OCT 3 p 1992 DEVELOPMENT 6200 Southcenter Boulevard • Tukwila, Washington 98188 • Phone: (206) 433 -1867 • Fax (206) 433-1833 City of Tukwila r!.!? 1 f f ='q' 6200 Southcenter Boulevard • Tukwila, Washington 98188 c John W. Rants, Mayor DEVELO March 10, 1993 Richard H. Anderson Vice President, Special Accounts Head Office Trust Real Estate Seafirst Bank Columbia Center, Floor 7 P.O. Box 3586 Seattle, WA 98124 Re: Oxbow Properties Dear Mr. Anderson: On behalf of the City of Tukwila I want to express our sincere interest in annexing this property to the City in the near future. We have held this interest since discussions with Boeing in 1988 of annexation of Fire District No. 1 (East Marginal Way area). It was then felt that the Oxbow properties you and others represent would greatly benefit from Tukwila's services and operating philosophy. Staff provided you with information about annexing and the forms for making application. I believe they have answered all of your questions. If you need anything more, don't hesitate to call Rick Beeler, Director, Department of Community Development, 431 -3681. There is some urgency for a final decision on whether or not to annex to Tukwila. Growth Management planning in the region is beginning to focus on whether Seattle, SeaTac or Tukwila should eventually annex the Oxbow and other unincorporated areas. SeaTac and Tukwila have adopted intents to annex Oxbow, but SeaTac informally agrees that annexation to Tukwila is the most logical for provision of services. Therefore, to avoid getting caught up in this Growth Management regional process it is imperative that the petition to annex to Tukwila be quickly filed. This will place the annexation in the existing normal process that to date has not been revised per Growth Management. Additional urgency is expressed by Boeing for being able to process several building permits on Oxbow property under Tukwila regulations and processes. Boeing claims this will save thousands of dollars in permit fees and months in permit processing. This level of service is something we are very proud of and will continue in the future. Phone: (206) 433 -1800 • City Hall Fax (206) 433-1833 .. - c.. itti .�.::tn�.YC.::.:s:t�':a4s.�.:: _ l:. rm ':.rJ +,r,:m�rr.,:.t.:_�rv....:, ....,°.�.rntr.�xexe:.5:r,.,.s c:: ^,•�. ,.: ^K3: v:.sc7£�:'�':•:.; S';.: xtu?' trL "✓n':^.G�!'.x�t:w"6�L'.{.wfllgH :C':;...t�i'�..:cU.�C. ► �w R.H. Anderson 3/10/93 Page 2 I hope you and the other property owners will act favorably on annexation to Tukwila. Our record of conservative fiscal responsibility and responsiveness to the corporate community stands for itself. The long term economic viability of our community is extremely, important to us and a key component of our planning for growth now and in the future. Thank you. Sincerely, OWally Rants Mayor cc: :Rick 'Beeler ... City Attorney `si?�.lr2va+,'r'Lza��'�Y.'i >:i City of Tukwila 6200 Southcenter Boulevard • Tukwila, Washington 98188 John W. Rants, Mayor M E M O R A N D U M TO: Mayer Rants FROM: L. Rick Beeler, DCD ij DATE: April 30, 1992 SUBJECT: Oxbow Annexation To date we assumed that by resolution the Council could initiate the election method to annex the Oxbow commercial area. That assumption was only partially correct, in this specific instance. Because that area contains only one registered voter, it is impossible, "to meet the letter or intent of RCW 35A.14 for an election to be conducted. Therefore the election method, initiated by Council resolution, is not an option to annex ONLY the Oxbow commercial property. The resolution initiated annexation method can work IF the boundaries of the Oxbow area are expanded WEST of Highway 99 into Boulevard Park. However, that expansion places the Oxbow commercial area into the SeaTac - Tukwila controversy over Boulevard Park. Our most defendable position is including the rest of Cascade View with the Oxbow commercial area (Oxbow plus the area between Military Road, S.W. 116th St. and Highway 99). If we want to avoid being drawn' into the Boulevard Park itontroversy we have only one option: pursuade the Desimone Trust trustees, representing owners of most of the Oxbow commercial area, to sign a petition for direct annexation to Tukwila. Mike Kenyon is prepared to initiate a meeting for next week with one of the trustees to begin that process. SUMMARY Our options: 1. Draft a resolution to annex the Oxbow commercial area plus the remainder of Cascade View, or 2. Pursuade the Desimone Trust to sign a petition for direct annexation to Tukwila. RECOMMENDATION: Option 2. Phone: (206) 433 -1800 • City Hall Fax (206) 433 -1833 City of Tukwila Office of the City Attorney June 25, 1992 Richard Desimone 610 Aloha Street #403 Seattle, WA 98109 Re: Oxbow Annexation Dear Mr. Desimone: John W. Rants, Mayor Michael R. Kenyon, City Attorney JUtn12 1992 P. • `•`��� ice• Thank you for taking a few moments to discuss the City of Tukwila's desire to annex what is commonly known as the Oxbow area. I understand that you and your mother and brother will be on vacation until about July 9 and that you will be willing to meet sometime within the following week or so to discuss the specifics. I will call you on July 14 or 15 to attempt to arrange a mutually convenient time for you, your brother and mother, Tukwila Mayor Rants, Department of Community Development Director Rick Beeler, and me. By way of some general background, the City of Tukwila's proposed urban growth boundaries, mandated by the state Growth Management Act legislation, include annexation of-the Oxbow area. Subsequently, the City of SeaTac determined to modify its urban growth boundaries to include not only the Boulevard Park area west of the Oxbow area, but also the Oxbow area as well. Since the Oxbow area is not contiguous with existing SeaTac boundaries, SeaTac would first have to annex the Boulevard Park area in order to also annex Oxbow. The same is not true with Tukwila -- the Oxbow area now directly abuts existing Tukwila City boundaries. Given the requirements of the state growth management legislation, we think it clear that the Oxbow property will be annexed into either Tukwila or SeaTac. We obviously would prefer that the Oxbow property owners agree to annex into Tukwila. We are justifiably proud of our emphasis on service and "user friendly" permitting processes and believe -that we far exceed the ability of adjoining jurisdictions in those respects. Finally, the annexation process with respect to the Oxbow property could be quite simple. The statutes set forth alternative methods for annexation, one requiring an election of 6200 Southcenter Boulevard • Tukwila, Washington 98188 • Phone: (206) 433 -1867 • Fax (206) 433 -1833 M!. xxCs.tr. z2 p., 22= 2, trr .•ritti.*A..2:41,2asrrrttA,'.g +.Vnl..` r)74;:'21i r4.1 ^;z Richard Desimone Page 2 June 25, 1992 the voters (RCW 35A.14.015), and the other allowing annexation by direct petition (RCW 35A.14.120). Under this direct petition method, the owners of not less than 10% of assessed valuation of the property need only submit a letter to the city stating an intent to annex. Our City Council would then have a public hearing within 60 days to determine the specifics. Once those factors are agreed upon, a petition for annexation must be signed by the owners of not less than 60% of assessed valuation of the site (or, in certain cases probably not applicable here, the owners of not less than 50% of assessed valuation). Again, I hope you have a relaxing vacation and I will call you on July 14 or 15 to arrange an appropriate meeting time and place. 'Please feel free to call me at 433 -1867 if you have any questions before then. Very truly yours, OFFICE OF .,THE/ CITY ATTORNEY ItL J tip, Michael R. a on City Attorney MRK /cc cc: Mayor Rants Rick Beeler OXBOW.002 February 27, 1992 LEGAL DESCRIPTION for OXBOW AREA BETWEEN WEST MARGINAL WAY AND THE DUWAMISH WATERWAY • '�Ih24K, ... V:.1 [... BEGINNING at the intersection of the John Buckley Donation Land Claim and the westerly right -of -way line for Primary State High- way No.1 (S.R.99) as shown under Deeds, volume 4099, page 666, Records of King County, Washington, in the northwest quarter of Section 4, Township 23 North, Range 4 East, W.M.; Thence northerly along said westerly margin to the north line of tract 55 in Moore's Five Acre Tracts as recorded under volume 9, page 28 under Plats, records of King County, Washington; Thence easterly along said north line of tract 55 and continuing along the easterly extension thereof to the thread of the Duwamish • Waterway and the existing Tukwila City Limit Line (Tukwila Ordinance 1503 and 1515); Thence southerly along the thread of the said Duwamish Waterway and River also being.the existing Tukwila City Limit Line to the west margin of Pacific Highway South (State Rd. No. 1); Thence southerly along said west margin and existing Tukwila City Limit Line to the south margin of South 116th Way (South 116th Place); Thence westerly along said south margin to the west West Marginal Way; Thence northerly along said west margin to the north South 116th Way (South 116th Place); Thence northwesterly along said north margin to the westerly right -of -way and Limited Access line for Primary State Highway No. 1 (S.R.99); Thence northerly along said westerly right -of -way line to the POINT OF BEGINNING. margin of margin of April 23, 1992 ;.. • LEGAL DESCRIPTION for OXBOW AREA BETWEEN WEST MARGINAL WAY AND THE DUWAMISH WATERWAY BEGINNING at the intersection of the John Buckley Donation Land Claim and the westerly right -of -way line for Primary State High- way No.1 (S.R.99) as shown under Deeds, volume 4099, page 666, Records of King County, Washington, in the northwest quarter of Section 4, Township 23 North, Range 4 East, W.M.; Thence northerly along said westerly margin to the southerly mar- gin of 96th Avenue South (Also known as McNatt Avenue); Thence easterly along said southerly margin to the east line of tract 2, Moore,s Five Acre Tracts as recorded under volume 9, page 28 under Plats, records of King County, Washington; Thence south 30o05'44" east, 249.82 feet; Thence north 83001'10" east, 224.16 feet; Thence continuing north 83001'10" east to the thread of the Duwamish Waterway and the existing Tukwila City Limit Line (Tukwila Ordinance 1503 and 1515); Thence southerly along the thread of the said Duwamish Waterway and River also being the existing Tukwila City Limit Line to the west margin of Pacific Highway South (State Rd. No. 1); Thence southerly along said west margin and existing Tukwila City Limit Line to the south margin of South 116th Way (South 116th Place); Thence westerly along said south margin to the west margin of West Marginal Way; Thence northerly along said west margin to the north margin of South 116th Way (South 116th Place); Thence northwesterly along said north margin to the westerly right -of -way and Limited Access line for Primary State Highway No. 1 (S.R.99); Thence northerly along said westerly right -of -way line to the //orA ft, POINT OF BEGINNING. • ••••• ..• • ANNtp(ATION BOUNDAR HIiHI • P.UBLIC RIGHT OF WAY .WITH ZERO VALUE FOR • :GENERAL. TAXATION • ' . 1"=800' LEA • r U J 0 0 O O' LEASEr% OWNED \ • ■ ■ \ ' \ •M. • LEASED N so o ion Scale In Feel • ••1 .r • „ I LE A5•D OIO' 1 \ • K .q • 3 .0 0 LEASED OIWNED N c k M7`, ni f o • irS q +S° TO °. si' • 11,40 7 -251 N. c.lr - SOIL `4.o � Boor - '"• 3T,41 7 -25 LEASED • 1. MIN M 50 0 100 200 Scale In feel Engineers 1 PLATI