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Home My WebLink AboutPermit L09-053 - SEGALE PROPERTIES - TUKWILA SOUTH ANNEXATIONTUKWILA SOUTH ANNEXATION L09 -053 APD Relationships I Otl I ]:.DP09 -009 of P05 -047 DA09 -002 E04 -015 L03 -077 El ; L05 -028 CI L05 -029 d L05 -030 El L05 -031 CI L05 -041 d L09 -053 Oft P10 -072 0(2:3 °P10 -120 - PL10 -015 CI - L10 -014 CI L10 -025 ▪ L10 -062 State of Washington RECEIVED 'JUN 0820101 COMMUNITY DEVELOPMENT Office of Financial Management, Forecasting Division, General Administration Building, PO Box 43113, Olympia, WA 98504-3113 ANNEXATION AND MUNICIPAL BOUNDARY CHANGE CERTIFICATE For all Annexations and Boundary Line Adjustments — Including Street Right -of -Way Adjustments IMPORTANT: The following documents must be attached with this certificate (RCW 35.13.260, 35A.14.700, 43.62.040): 1 Three copies of the final ordinance containing the legal description of the boundary change area; 2. Three copies of a map clearly showing the boundary change area and existing city limits on an 8'/2 "x11" or 8%z "x14" size paper. Outline the boundary changes in red; outline former city limits in green. Maps should conform to acceptable engineering standards (i.e., directional arrow, scale, street names, rivers, and other physical characteristics). The Office of Financial Management (OFM) may be able to help with maps; 3. The original Field Enumeration sheets used to enumerate the population and housing of the boundary change area and all summary tabulation sheets. Copies are not needed. Census procedures and definitions must follow OFM's Enumerator's Manual. Please contact OFM at (360) 902 -0597 or (360) 902 -0599 or see http: / /www.ofm.wa.gov /pop /annex /default.asp for census manuals and forms; and, 4. If this is a mutual boundary change between governments, include a copy of the other government's (city /town or county) agreement to the change. If this is a boundary change between municipal governments, each municipality needs to submit this certificate to OFM with supporting documentation. City/Town C G �-77L�- f�"[�L -LQ� County T\G-'� Name of the' Annexation (if any) / r-4- -u-n- --�-' Original Ordinance Number Date Passed Date Published Ordinance Effective Date Boundary Change Effective Date Authorizing Statute(s) RCW Was a Boundary Review Board Bearing required? Has this annexation been filed with the cotinty? Amending Ordinance Number (if applicable) Date Passed Date Published Ordinance Effective Date Boundary Change Effective Date Yes X No ❑ . Yes No ❑ If yes, dale of hearing Date filed with county ,Has. the- Gounty- A,ssessot-approverhhis- annexat ion .far- therurposrrfchanging tax- beur�daxi¢s�._.kes_ ®- .No -Q --•" a Ann�tion" ?l `rea, (,,in acres) E ,.- • VILA LIA :. e'« • $,. ..t, ,y • 4 �� n c Z y5 • \. s A •• " ..A -• f J (1 ,R ,!,CATION: U l;Vreby certify that, to effect the above annexation, all legal requirements have been satisfied, and that the data set ti Census: Housing Units Occupied Housing Units Population e , / of/b this certificate, including the a s V76,5 Mayor Attest: City/Town Cl ched documents, are true and correct. \I Date U OFFICE OF FINANCIAL MANAGEMENT ONLY The requirements of RCW 35.13.260 or 35A.14.700 and 43.62.040 have been met. I recognize this annexation as, a part of the city for the purpose of developing official population estimates (RCW 43.62:020). This certification is for the limited purpose referenced above. State Certifying Official Date Received Date Approved OFM File Number, Date v.36-10 ti_c)t /0 s-// 3/ 2 C Provisional Approval Yes ❑ Date Provisional Status Cleared (White) Office of Financial Management (Canary) Department of Transportation (Pink) Return to City/Town No Carbon Paper Needed Do not Separate Form Return all Three Copies City of Tukwila Washington Ordinance No. e,...2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, ANNEXING APPROXIMATELY 259 ACRES OF REAL PROPERTY KNOWN AS THE "TUKWILA SOUTH PROJECT PROPERTY "; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, RCW 35A.14.120 provides that "proceedings for initiating annexation of unincorporated territory to a charter code city or non - charter code city may be commenced by the filing of a petition of property owners of the territory proposed to be annexed," but that "prior to the circulation of a petition for annexation, the initiating party or parties, who shall be the owners of not less than ten percent in value, according to the assessed valuation for general taxation of the property for which annexation is sought, shall notify the legislative body of the code city in writing of their intention to commence annexation proceedings "; and WHEREAS, La Pianta, LLC is the owner of approximately 259 acres of real property known as the "Tukwila South Project Property"; and WHEREAS, on November 12, 2004, La Pianta, LLC submitted a Request for Annexation ( "Request "), which was signed by owners of not less than ten percent of the value of the property included m the Request; and WHEREAS, on January 18, 2005, the City Council met with the initiating parties as part of its regular City Council meeting pursuant to RCW 35A.14.120; and WHEREAS, on January 18, 2005, the City Council unanimously voted to accept the Request and to authorize the initiating parties to circulate the Petition for Annexation seeking the signatures of the owners of sixty percent of the assessed valuation of property within the proposed annexation ( "Petition "), on the following conditions: 1) that zoning regulations are simultaneously adopted, and 2) Petition signers consent to the assumption of the proposed annexation area's proportionate share of existing city indebtedness, if any; and WHEREAS, on June 8, 2009, during its Committee of the Whole meeting, the Tukwila City Council held a public hearing following publication of proper notice thereof as provided m RCW 35A.14.130; and WHEREAS, on June 8, 2009, during a Special meeting, the City Council approved the related Tukwila South Development Agreement and other related land use issues and La Pianta, LLC submitted its signed Petition; and WHEREAS, the Tukwila City Council desires to annex.the area described and shown in the Petition and on June 15, 2009 adopted Ordinance No. 2241 annexing the area subject to Washington State Boundary Review Board of King County approval; and WHEREAS, the Washington State Boundary Review Board of King County held a public hearing on October 20, 2009 and approved the Resolution and Hearing Decision for File No. 2304, City of Tukwila, Tukwila South Annexation, at its regular meeting of November 12, 2009; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Annexation. The City of Tukwila hereby annexes the Tukwila South Property, which is legally described in Exhibit A and depicted on the map in Exhibit B, attached hereto and incorporated herein by reference. Section 2. Conditions Upon Annexation. A. Comprehensive Plan, Shoreline Master Plan and Zoning Designations. The Tukwila South Property shall be subject to the Comprehensive Plan, Master Plan and Shorehne Master Plan map amendment to designate the property as Urban Environment and Tukwila South Overlay District subject to zoning regulations as set forth in the Tukwila South Project Development Agreement adopted on June 8, 2009. W \Word Processing \ Ordinances \ 2268 Tukwila South Project Property Annexation.doc LV:ksn 12/18/2009 Page 1 of 2 B. Assumption of Existing Indebtedness. The Tukwila South Property shall be assessed and taxed at the same rate and on the same basis as the property in the City of Tukwila is assessed and taxed to pay for the portion of outstanding city indebtedness, if any, which indebtedness has been approved by the voters, contracted for or incurred prior to or existing at the effective date of the annexation in Section 1 of this ordinance. Section 3. Effective Date of Annexation. The effective date of the Tukwila South Annexation shall be December 31, 2009. 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 days after passage and publication as provided by law. Section 5. Certification of Ordinance to King County. Upon passage the City Clerk is directed to file a certified copy of this ordinance with the King County Council, pursuant to RCW 35A.14.140. Section 6. Severability. Should any section, paragraph, sentence, clause or phrase of this ordinance or its application to any person or circumstance be declared unconstitutional or otherwise invalid for any reason or should any portion of this ordinance be pre - empted by state or federal law or regulation, such decision or pre - emption shall not affect the validity of the remaining portions of this ordinance or its application to other persons or circumstances. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Special Meeting thereof this j "f t1 day of 1 1.)t-.h 2✓ , 2009. ATTEST /A; HENTICATED: Christy O'Flahe , C C, City Clerk APPROVED 0 FORM BY: aggertort" or Filed with the City Clerk: % 9- 0 9 Passed by the City Council: / -/ tf- !7 9 Published: / _ ti).- O 9' Effective Date: - -J -o 9 Ordinance Number: L 6A) Attachments: Exhibit A - Tukwila South Property legal description Exhibit B - Area Map W:\ Word Processing \ Ordinances \ Tukwila South Project Property Annexation.doc LV.ksn 12/09/2009 Page2of2 Exhibit A Legal Description of Tukwila South Annexation "Those portions of Section 35, Township 23 North, Range 4 E. Willamette Meridian; Section 2, Township 22 North, Range 4 E. Willamette Meridian; and Section 3, Township 22 North, Range 4 E. Willamette Meridian, Tying south of the City of Tukwila corporate limits as established by the City of Tukwila Ordinances 1125, 472, 269, and 696; East of the east right -of -way margin of Interstate Highway 5; East of the west right -of -way margin of Orillia Road South; North of the north right -of -way margin of South 204th Street and west of the City of Kent Ordinances 2114 and 2351; Together with: That portion of South 204th Street lying north of and immediately adjacent to the north line of the City of Kent corporate limits as established by City of Kent Ordinance 1727, and westerly of the thread of the Green River." VICINITY MAP EXHIBIT B. AC ,4V43// r //Xl DENOTES ANNEXATION DENOTES PAA BOUNDARY SUMMARY OF Ordinance No. 2268 City of Tukwila, Washington On December 14, 2009 the City Council of the City of Tukwila, Washington, adopted Ordinance No. 2268, the main points of which are summarized by its title as follows: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, FINALIZING THE TUKWILA SOUTH ANNEXATION; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. The full text of this ordinance will be mailed upon request. Approved by the City Council at a Special Meeting thereof on December 14, 2009. Christy O'Flaherty, CMC , City Clerk Published Seattle Times: December 17, 2009. A certified copy of Ordinance #2268 was delivered to King County on December 31, 2009 by Lisa Verner, Tukwila South Project Manager. A copy of the certification is attached. City of Tukwila 6200 Southcenter Boulevard • Tukwila, Washington 98188 Jim Haggerton, Mayor CERTIFICATION I, Christy O'Flaherty, City Clerk of the City of Tukwila, Washington, do hereby certify that this is a true and correct copy of City of Tukwila, Ordinance #2268 adopted by the Tukwila City Council at a Special Meeting thereof on December 14, 2009. Dated this 30th day of December 2009. Christy O'Flaherty, CMC, City Cler City of Tukwila, Washington Phone: 206 - 433 -1800 • City Hall Fax: 206 - 433 -1833 • www.ci.tukwila.wa.us_ ==I°= _ffilleiil n li ili:iili1:diiiiin =lii� 1- Ems �■��IIIIt111 umm 1■111�11111111■11um �IPI t 11 1■ 1 tltt UhII11/Ii11n1111 11111/IIIIIIIIIiii.iiC aI1'lll'11I n i N ...1. gg- - 1. 1ta 111 OM #% 41411 Mir HAMM a LIN ,.. .9.4, r =Wit 44111 frr n- . - WW1= .. ,...., __ ...... ... tt„. sumo soll11111„ WW1 Wm" ill mil ♦ ♦♦ ♦�r iii.t�. az me muumuu z r�� FDA VP, e'� _ _ _ _ _. 1.i ...II//titt/\IIr _ tltl ■ as IN A a ..rr►;••% CM M_ • &r 6111..... IrV1111u111p1 �� \Utf1111p1 ►��II611I1_ _ - ■Illlt P au lig Nua mos R" max loyee -i is t 4.r .1..1. 111. pp X11111111111111: -0 11OI11r1111111�1 i1 ill uttfingir�1 pn��0� �� 11 ill'I�`� �i��11111`� �IIIII11111�1II,r io M101111: P liiii I ■- ■iflili aid' : /�► .u1 ■1■ �.IlinIInuIIuntp . i ..r- ,4m � : ■: Z ■■.I� �■..■..■■_ S 204 St Tukwila South Annexation LEGEND Old Tukwila City Limits ❑ 0 ❑ 0 ❑ 1 ❑ 0 New Tukwila City Limits 00 00 00 00 GI5 .TUk+.vlla OFM Census Sheet D - Summary Tabulation City/Town: (1) Total Housing Units Total Population: I // Year /Ordinance: �J�� „2a(o g (Lines 1 +2) Units Per Structure (1) Total Housing Units (2) Vacant Housing Units (3) Occupied Housing (1) -(2) (4) Population Pop. Per Occ. HU (4)/(3) Percent Occupied (3)/(1) Percent Vacant (2)/(1) 1 -Unit Structures Mental /Correctional Institutions Signed: /� $ Military Installations (e.g., barracks, BEQ) Attes ( 14111/44r '9r' Other (Specify):. Total or ensus Admi or) 2. Total Group Quarters 2 -Unit Structures v . 3 -Unit Structures 4 -Unit Structures 5 or more Units Manufactured Homes S • 0 3 • 1/ • 3. 67. /rib % 0 76 • Special* 1. Totals 3 • 0 • � // . 3.(07 ' 100 • 0 *Special Housing: Unusual living quarters not generally considered a housing unit (e.g., boats, boxcars, tents, etc.). Only counted when occupied by person(s) meeting "resident" criteria. Specify type of housing in comments section below. Group Quarters Number of Facilities Population • Nursing /Convalescent Homes City staff w/o additional pay and /or volunteer staff College Dormitories $ City staff and /or hired staff /consultant with payment Mental /Correctional Institutions Signed: /� $ Military Installations (e.g., barracks, BEQ) Attes ( 14111/44r '9r' Other (Specify):. Total or ensus Admi or) 2. Total Group Quarters 0 * v . Census Costs*" Number of Staff If known Hours Worked If known Cost/Estimated Value City staff w/o additional pay and /or volunteer staff $ City staff and /or hired staff /consultant with payment Census Administrator or Contact Person Name Mg 41j._ „ ` 4 �'d�C.C'i Telephone #: ,t5& 'c75— Z�-a Days /Hours of Operation: f 51em Signed: /� $ Transportation, supplies, etc. if not included above Attes ( 14111/44r '9r' $ Total or ensus Admi or) (Date) $ 0 * *This information is used to provide cities with an estimate of how much it costs to census..Your assistance in providing this information is valuable and appreciated. Did the enumerators collect additional information or perform other tasks during the census? Yes g (circle one) Comments: [ Census Administrator or Contact Person Name Mg 41j._ „ ` 4 �'d�C.C'i Telephone #: ,t5& 'c75— Z�-a Days /Hours of Operation: f 51em Signed: /� Q- ✓— n )U Attes ( 14111/44r '9r' (\\Date) -d 1 iO (City own Cie or ensus Admi or) (Date) Washington State Office of Financial Management Forecasting Division, October 2008 • 411 Office of Financial Management BLOCK SUMMARY SHEET Tabulation of Population By Structure Type Year or Ord.: 6-O p�j /2 a 6, °o City/Town: -Tbi J-- BNA/Tract:0a,3 0 Block: 3c2 Page I of 1 HU Seq. No. 1 Population in Housing Units By Structure Type 4 5+ MH/T 3 Spec GQ La HU Seq. No. 1 2 Population in Housing Units By Structure Type 3 4 5+ MH/T Spec GQ State of Washington Revised December 2001 Structure Type Total 1 . 2 3 4 5+ MH Spec GQ PAGE Total Use for 0 to 50 housing units in this block Population Total I) • 1/ • Housing Unit Total 3 • 3 • Vacancy Total 0 BLOCK Total Use only if more than 50 housing units in this block Enter totals on 1st page only Population Total , 1/ Housing Unit Total, re. Vacancy Total U s,'�.'h`-'�.s State of Washington Revised December 2001 OFM Census Sheet A - Field Enumeration Page No. ONE HOUSING UNIT PER SHEET Callback: BY USING THIS FORM, YOU AGREE TO KEEP ALL DATA COLLECTED CONFIDENTIAL city/ own: Tukwila Biock croup: „ 5 3 033 2,9 L2,3003 Year /Ordinance: . a, p,] G) 1,;e43 s Block: Number' 3 og Enumerators: c- r s e_C 4.-, L Address Information One Entry Only (1) Street Name (2) Address No. (3) Apt. No.* (4) Housing Unit . Seq. No. ** (5) No. of Units in . Structure *. (6)... Mobile Horne/ Trailer (7) Special * ** Southcent:er Parkway 18803 A 1 �MH Spec. * ** If Group Quarters, name of facility: If Special Housing, type: Each housing unit within structures having only one house address, but more than one unit, should be separately identified by the letter or number appearing on the mail box and /or door. * *Each housing unit is to be assigned a different housing unit sequence number. "Special Housing are atypical living quarters not generally considered housing units (boats, boxcars, tents, RVs, etc.). Special Housing are only counted when occupied by person who meets the resident criteria. Data Below This Line Are Confidential OFM Census Sheet A - Field Enumeration ONE HOUSING UNIT PER SHEET Page No. Callback: BY USING THIS FORM, YOU AGREE TO KEEP ALL DATA COLLECTED CONFIDENTIAL City/Town: Tukwila Block Group: '30 3 3 cg B3 ov3 Year /Ordinance: doo 9 0065 Block Number: 3 vt7 f3 Enumerators: M Os-r14 Cj e_c,a.I L Address Information One Entry Only (1) Street Name (2) Address No. (3) Apt. No.* (4) Housing Unit Seq. No.** (5) No. of Units in Structure* (6) Mobile Home/ Trailer (7) . Special*** Southcenter Parkway 18.803 B 1 I1 Spec. * ** If Group Quarters, name of facility: If Special Housing, type: Each housing unit within structures having only one house address, but more than one unit, should be separately identified by the letter or number appearing on the mail box and /or door. "Each housing unit is to be assigned a different housing unit sequence number. "Special Housing are atypical living quarters not generally considered housing units (boats, boxcars, tents, RVs, etc.). Special Housing are only counted when occupied by person who meets the resident criteria. Data Below This Line Are Confidential OFM Census Sheet A — Field Enumeration ONE HOUSING UNIT PER SHEET Page No. Callback: BY USING THIS FORM, YOU AGREE TO KEEP ALL DATA COLLECTED CONFIDENTIAL City/Town: Tukwila Block Group: 5 2 L7 33c )4:33 (2'2 Year /Ordinance: (9,00C) / oU 4e, Block Number: 30,765 Enumerators: M a (-I4 Se_sWte Address Information One Entry Only (1) Street Name (2) Address No. (3) Apt. No.* (4) Housing Unit Seq. No. ** (5) No. of Units in Structure* (6) Mobile Home/ Trailer. (7) Special * ** Southcenter Parkway 18803 C 1 `M3I T Spec. * ** If Group Quarters, name of facility: If Special Housing, type: Each housing unit within structures having only one house address, but more than one unit, should be separately identified by the letter or number appearing on the mail box and /or door. "Each housing unit is to be assigned a different housing unit sequence number. *Special Housing are atypical living quarters not generally considered housing units (boats, boxcars, tents, RVs, etc.). Special Housing are only counted when occupied by person who meets the resident criteria. Data Below This Line Are Confidential King County Metropolitan King County Council Anne Noris, Clerk of the Council King County Courthouse 516 Third Avenue, Room W1039 Seattle, WA 98104 -3272 Tel: 206 -296 -1020 Fax: 206 -205 -8165 TTY/TDD: 206- 296 -1024 Email: anne.noris @kingcounty.gov Web: www.kingcounty.gov /council /clerk January 12, 2010 RECEIVED JAN 13 2010 CITY OF TUKWILA CITY CLERK Harry Sanders Records & Elections Division King County Department of Information & Administrative Services 919 SW Grady Way Renton, WA 98055 RE: City of Tukwila — Tukwila South Annexation (BRB File No. 2304) Dear Harry: This annexation was approved by the Washington State Boundary Review Board for King County on November 12, 2009. On December 14, 2009, the city of Tukwila adopted Ordinance 2268, officially annexing the property. 1 received a copy of this ordinance on December 31, 2009, and have enclosed a copy for your review. This action has been finalized and is now a matter of public record. if you have any questions, please call me at (206) 296 -0364. Sincerely, Anne Noris Clerk of the Council AN:mp Attachments: Distribution List Ordinance BRB Closing Letter Harry Sanders Page 2 cc: Lenora Blauman, Washington State Boundary Review Board for King County- Sue Gordon, Communications Section, KC Department of Public Safety Dr. Ngozi Oleru, Environmental Health Division, KC Department of Public Health Lee Ann Merrill, Water and Land Resources Division, KC Department of Natural Resources Debra Clarke, Accounting Division, KC Department of Assessments Hazel Gantz, KC Department of Assessments Scott Matheson, Treasury Manager, Executive Services Paul McCombs, GIS Section, KC Department of Development and Environmental Services Elissa Benson, Annexation Section, KCEO, Office of Management and Budget Doug Williams, Facilities Management, Real Estate Services Rey Sugui, KC Department of Transportation, Roads Delite Morris, KC Department of Transportation, Roads Nicole Keller, KC Department of Transportation, Roads Brandy Rettig, KC Department of Transportation, Roads Dan Stage, KC Department of Transportation, Roads Mary Coltrane, KC Department of Transportation, Roads Jeff Gregg, KC Department of Transportation, Roads Denise Ainslie, KC Department of Transportation, Roads Gerry Arntson, KC Department of Transportation, Roads Terry Smith, KC Department of Transportation, Roads Marilyn Cope, Council Staff Pat Hamacher, Council Staff Sharon Claussen, KC Parks Feliza Azpirtarte, Public Health Larry Fay, Public Health Hall Walker, Budget Connie Wong, KC Real Estate Services Anne Lockmiller, KC Real Estate Services Milla Zinski, KC E -91 I Program Environmental Review — NW Regional Office Washington Surveying and Rating Bureau Puget Sound Energy Commonwealth Land Title Insurance Co. Evergreen Title Insurance Co. Data Trace Transnation Title Insurance Co. Western Title Insurance Co. Kroll Map Company, Inc. Thomas Brothers Maps This routing list was last updated in March 2009 If you wish to have your name removed, please contact Melani Pedroza at (206) 296 -0348. 6200 Southcenter Boulevard • Tukwila, Washington 98188 Jim Haggerton, Mayor CERTIFICATION i ... CI (�J 0 _ N • 1, Christy O'Flaherty, City Clerk of the City of Tukwila, Washington, do hereby cert that this is a true and correct copy of City of Tukwila, Ordinance #2268 adopted by the Tukwila City Council at a Special Meeting thereof on December 14, 2009. Dated this 30`h day of December 2009. Christy O'Flaherty, CMC, City Cler City of Tukwila, Washington Phone: 206 - 433 -1800 • City Hall Fax 206 - 433 -1833 • www.ci.tukwila.wa.us City of Tukwilai Washington Ordinance No. , )2 o D;! 7. 1,- • AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, ANNEXING APPROXIMATELY 259 ACRES OF REAL PROPERTY KNOWN AS THE "TUKWILA SOUTH PROJECT PROPERTY "; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, RCW 35A.14.120 provides that "proceedings for initiating annexation of unincorporated territory to a charter code city or non- charter code city may be comnieneed by the filing of a petition of property owners of the territory proposed to be annexed," but that "prior to the circulation of a petition for annexation, the initiating party or parties, who shall be the owners of not less than ten percent in value, according to the assessed valuation for general taxation of the property for which annexation is sought, shall notify the legislative body of the code city in writing of their intention to commence annexation proceedings "; and WHEREAS, La Pianta, LLC is the owner of approximately 259 acres of real property known as the "Tukwila South Project Property"; and WHEREAS, on November 12, 2004, La Pianta, LLC submitted a Request for Annexation ( "Request "), which was signed by owners of not less than ten percent of the value of the property included in the Request; and WHEREAS, on January 18, 2005, the City Council met with the initiating parties as part of its regular City Council meeting pursuant to RCW 35A.14.120; and WHEREAS, on January 18, 2005, the City Council unanimously voted to accept the Request and to authorize the initiating parties to circulate the Petition for Annexation seeking the signatures of the owners of sixty percent of the assessed valuation of property within the proposed annexation ( "Petition "), on the following conditions: 1) that zoning regulations are simultaneously adopted, and 2) Petition signers consent to the assumption of the proposed annexation area's proportionate share of existing city indebtedness, if any; and WHEREAS, on June 8, 2009, during its Committee of the Whole meeting, the Tukwila City Council held a public hearing following publication of proper notice thereof as provided in RCW 35A.14.130; and WHEREAS, on June 8, 2009, during a Special meeting, the City Council approved the related Tukwila South Development Agreement and other related land use issues and La Pianta, LLC submitted its signed Petition; and WHEREAS, the Tukwila City Council desires to annex the area described and shown in the Petition and on June 15, 2009 adopted Ordinance No. 2241 annexing the area subject to Washington State Boundary Review Board of King County approval; and WHEREAS, the Washington State Boundary Review Board of King County held a public hearing on October 20, 2009 and approved the Resolution and Hearing Decision for File No. 2304, City of Tukwila, Tukwila South Annexation, at its regular meeting of November 12, 2009; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Annexation. The City of Tukwila hereby annexes the Tukwila South Property, which is legally described in Exhibit A and depicted on the map in Exhibit B, attached hereto and incorporated herein by reference. Section 2. Conditions Upon Annexation. A. Comprehensive Plan, Shoreline Master Plan and Zoning Designations. The Tukwila South Property shall be subject to the Comprehensive Plan, Master Plan and Shoreline Master Plan 'map amendment to designate the property as Urban Environment and Tukwila South Overlay District subject to zoning regulations as set forth in the Tukwila South Project Development Agreement adopted on June 8, 2009. W: \Word Processing \ Ordinances \ 2268 Tukwila South Project Property Annexation.doc LV-.ksn 12/18/2009 Page 1 of 2 B. Assumption of Existing Indebtedness. The Tukwila South Property shall be assessed and taxed at the same rate and on the same basis as the property in the City of Tukwila is assessed and taxed to pay for the portion of outstanding city indebtedness, if any, which indebtedness has been approved by the voters, contracted for or incurred prior to or existing at the effective date of the annexation in Section 1 of this ordinance. Section 3. Effective Date of Annexation. The effective date of the Tukwila South Annexation shall be December 31, 2009. 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 days after passage and publication as provided by law. Section 5. Certification of Ordinance to King County. Upon passage the City Clerk is directed to file a certified copy of this ordinance with the King County Council, pursuant to RCW 35A.14.140. Section 6. Severability. Should any section, paragraph, sentence, clause or phrase of this ordinance or its application to any person or circumstance be declared unconstitutional or otherwise invalid for any reason or should any portion of this ordinance be pre - empted by state or federal law or regulation, such decision or pre- emption shall not affect the validity of the remaining portions of this ordinance or its application to other persons or circumstances. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Special Meeting thereof this 1,4 tl day of t�2C�-k�L z✓ 2009. ATTEST / AUTHENTICATED: Christy O'Flahe , C C, City Clerk APPROVED AS TO FOIV BY: C; O ice e Citf'rr °i�ieY Iaggertor or Filed with the City Clerk 1 L- C%- o Passed by the City Council: / ) Li- /1 r Published: Effective Date: Ordinance Number~ Attachments: Exhibit A - Tukwila South Property legal description Exhibit B - Area Map W: \Word Processing\ Ordinances \Tukwila South Prrect Property Annesation.doc • LV:ksn 12/09/2009 i -_ I-. . -fit I Q. 6 rl' Page 2 of 2 Legal Description of Tukwila South Annexation 'Those portions of Section 35, Township 23 North, Range 4 E. Willamette Meridian; Section 2, Township 22 North, Range 4 E. Willamette Meridian; and Section 3, Township 22 North, Range 4 E. Willamette Meridian, Tying south of the City of Tukwila corporate limits as established by the City of Tukwila Ordinances 1125, 472, 269, and 696; East of the east right -of -way margin of Interstate Highway 5; East of the west right -of -way margin of Orillia Road South; North of the north right -of -way margin of South 204th Street and west of the City of Kent Ordinances 2114 and 2351; Together with: That portion of South 204th Street Tying north of and immediately adjacent to the north line of the City of Kent corporate limits as established by City of Kent Ordinance 1727, and westerly of the thread of the Green River." VICINITY MAC EXHIBIT B DENOTES ANNEXATION SOU DENOTES PAA BOUNDARY SUMMARY OF Ordinance No. 2268 . City of Tukwila, Washington On December 14, 2009 the City Council of the City of Tukwila, Washington, adopted Ordinance No. 2268, the main points of which are . summarized by its title as follows: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, FINALIZING THE TUKWILA SOUTH ANNEXATION; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. The full text of this ordinance will be mailed upon request. Approved by the City Council at a Special Meeting thereof on December 14, 2009. 7 _ Christ O'Flaherty, CMC� Cit Clerk Published Seattle Times: December 17, 2009. Washington State Boundary Review Board For King County Yesler Building, Room 240, 400 Yesler Way, Seattle, WA 98104 Phone: (206) 296 -6800 • Fax: (206) 296 -6803 • http //www.kingcounty.gov /annexations November 13, 2009 City of Tukwila Attn: Lisa Verner, Tukwila South Project Manager 6300 Soiuthcenter Blvd, Suite 100 Tukwila, WA 98188 RE: CLOSING LETTER FOR RESOLUTION AND HEARING DECISION File No. 2304 - City of Tukwila- Tukwila South Annexation Dear Ms. Verner: We are writing to advise you that the Washington State Boundary Review Board for King County has now completed the Resolution and Hearing Decision, as specified in RCW 36.93, to approve the above referenced proposed action filed with the Board effective: November 12, 2009. The Resolution and Hearing Decision for this action is enclosed for filing as prescribed by RCW 36.93.160(4). An appeal period to Superior Court has been established, as mandated by RCW 36.93.160. The appeal period to Superior Court will close on December 14, 2009 . In order to finalize the proposed action, the applicant must address the following requirements, where applicable: 1. Compliance with the statutory requirements and procedures specified in the Notice of Intention; 2. Sewer and Water district actions and some other actions are also subject to approval by the Metropolitan King County Council. If the Council makes changes to the proposal, the Board may then be required to hold a public hearing. 3. Filing with King County of franchise application(s), as required, accompanied by a copy of this letter. 4. Filing with King County of permit application(s), as required, accompanied by a copy of this letter. • Page two continued, November 13, 2009 Form HE 8 5. Notification to King County Office of Strategic Planning •& Performance Management (OSPPM), in writing, of your intended effective date of this action. This notification should be provided as early as possible. Please send this information to Gwen Clemens, Office of Strategic Planning & Performance Management (OSPPM), 401 Fifth Avenue, Suite 810, Seattle, Washington 98104, and 6. Filing with King County Council of: (1) one certified copy of your final resolution or ordinance accomplishing this action; and (2) a copy of this letter. This document should be filed with the Clerk of the Council (Attn: Ms Anne Noris), King County Courthouse, Room 1025, Seattle, Washington 98104 If you have questions or would like additional information, please contact our office at 206.296.6800. Sincerely, 40-4.4.4.)1.8.2 Lenora Blauman Executive Secretary Attachment: Resolution and Hearing Decision Cc: The Honorable King County Councilmember Julia Patterson The Honorable King County Councilmember Dow Constantine The Honorable King County Councilmember Larry Gossett Ms. Anne Noris, Clerk of Council Ms. Kaaren Kane, King County Department of Assessments Ms. Lydia Reynolds- Jones, Manager, Project Support Services Mr. Dave Wilson, Elections Division Mr. Paul Reitenbach, Department of Development & Environmental Services Ms. Paula Adams, Department of Development & Environmental Services Ms. Gwen Clemens, Office of Strategic Planning & Performance Management Ms. Connie Wong, Facilities Management Division, Real Estate Section Ms. Anne Lockmiller, Facilities Management Division, Real Estate Section King County E -911 Program Cities: Kent, Renton and SeaTac District(s): Angle Lake District (No. 24); King County Water District No. 125, Highline Water District, Valley View Sewer District; Renton School District No. 403 and Kent School District No. 415 IN RE: PROCEEDINGS OF THE WASHINGTON STATE BOUNDARY REVIEW BOARD FOR KING COUNTY RESOLUTION AND HEARING DECISION CITY OF TUKWILA Tukwila South Area Proposed Annexation King County, Washington L PUBLIC HEARING OVERVIEW In August 2009 the City of Tukwila filed a Notice of Intention (File No. 2304) to annex 259 acres, described as the Tukwila South Area. This Notice was based upon a Resolution adopted by Tukwila City`, Council approving a plan to annex the Tukwila South Area into the community.. City officials reported that the proposal to annex the Tukwila South Area was made in response to a petition from property owners seeking to annex to the City of Tukwila. The Tukwila South Annexation Area northern boundary is contiguous to the southern boundary of the City of Tukwila. The Tukwila South. Annexation Area's southern boundary is formed by South 204th Street. The western boundary of the area is variously formed by Orillia Road South and Interstate 5. The eastern boundary of the area is formed by the Green River. The City of Tukwila invoked jurisdiction at the same time it filed the Notice of Intention. Its purpose in invoking jurisdiction was to provide citizens an independent forum to obtain information and comment upon the proposed Tukwila South Area Annexation. The Board held a public hearing on October 20, 2009 to consider the proposal by the City of Tukwila to annex the Tukwila South Area (259 acres). The Board reviewed File No. 2304 in accord with RCW 36.93. (Local Governments — Boundaries — Review Boards.) The Board directed particular attention to RCW 36.93.170 (Factors) and RCW 36.93.180 (Objectives). The Board also considered RCW 36.70.A, the Growth Management Act, the King County Comprehensive Plan, the City of Tukwila Comprehensive Plan, together with other applicable state, regional, and focal regulations and guidelines. The Board finds that the record for Fife No. 2304 contains sufficient documentation (e.g., technical data, fiscal data), evidence of community information programs, and certification of petitions and /or legislative action to complete its review of the Tukwila South Area Annexation. * ** On the basis of the testimony, evidence and exhibits presented at said hearing, and the matters on record in said File No. 2304, it is the decision of the Board to approve the action proposed in said Notice of Intention. The legal description of the Tukwila South Area is attached hereto and marked as "Exhibit I ", together with a map showing the boundaries of the area herein marked as "Exhibit ll." • II. FINDINGS RCW 36.93.170 FACTORS AFFECTING THIS PROPOSAL The Board finds the following Factors (RCW 36.93.170) to be applicable to the City of Tukwila's proposed Tukwila South Area Annexation (approximately 259 acres). Additional authorities applicable to the Tukwila South Area include, but are not limited to: RCW 36.70A, RCW 35.13, King County Comprehensive Plan /Countywide Policies, the Tukwila Comprehensive Plan and its enabling regulations (e.g.., zoning code). These State and local authorities are intended to ensure reasonable development regulations and adequate public services to local communities. 1 A brief review of key issues related to each applicable element is presented below: RCW 36.93 -170 (1) POPULATION AND TERRITORY The Board finds the following factors to be applicable to this matter: Population Density/Proximity to Other Populated Areas /Land Area /Land Uses; Comprehensive Land Use Plans; Topography, Natural Boundaries and Drainage Basins; Likelihood of Significant Growth in the Area During the Next Ten Years; and Population Density /Proximity to Other Populated Areas /Land Area /Land Uses. The following is a brief review of key issues related to these factors. The Tukwila South Area lies within the Urban Growth Area established by King County. The King County Comprehensive Plan contemplates transfer of the Tukwila South Area to a local jurisdiction. County Policy LU -31 requires cities to designate potential annexation areas to include adjacent urban lands and eliminate unincorporated islands between cities. Policy LU -32 encourages cities to annex designated areas into city boundaries. King County Comprehensive Plan /Countywide Policies call for contiguous orderly growth of local jurisdictions (e.g., U -304, U -208, U -301, U -304.) Cities are encouraged to include unincorporated areas within the jurisdiction's comprehensive plan and potential annexation areas (e.g., U- 107, U -110, U -112, U -114, U -147, U -148, U -170, U -201, U203 -U -205, LU -34, FW 11 — FW -13, LU -25, LU 28, LU -29, LU 32, LU -33, RF -5.) Other policies establish cities as the providers of local governance, community planning, and urban services (e.g., PR -202, FW -13, CO -1, CO -3; LU -31 - LU -34, LU -36), The Tukwila South Area would incorporate into the City of Tukwila a substantial portion of those lands within the Urban Growth Boundary described in jurisdiction's Potential Annexation Area. A small remaining area, known as the "Island" Area is proposed for annexation to Tukwila immediately following the completion of the Tukwila South Annexation through a Memorandum of Agreement signed by the City and King County in October of 2009. The Tukwila Comprehensive Plan "Annexation Element" addresses the Tukwila South Area. The Tukwila South Area is included in the "Annexation Element" of the City of Tukwila Comprehensive Plan and lies within the City's Potential Annexation Area. Annexation of the Tukwila South Area is supported under the City of Tukwila Comprehensive Plan. The Tukwila South Area Annexation is consistent with City's Comprehensive Plan policies supporting inclusion of urban areas within the City for local governance. The area is unified with respect to its specific physical elements (e.g., geographic features.) Both Tukwila South and the communities in the nearby existing City of Tukwila share similar land use designations /zoning, exiting or permitted land uses, and natural environments (e.g., topography, flora, drainage basins). The Tukwila South Area contains environmentally sensitive features (e.g., water bodies; watershed; wetlands; variable topography, drainage basins, natural habitat). The Tukwila Comprehensive Plan provides support for the natural environment within the Tukwila South Area through guidelines and regulatory controls such as critical areas ordinances; open space preservation; and storm water /flood control programs designed to protect sensitive areas. The Master Plan for Tukwila South calls for environmental enhancements to Johnson Creek, wetlands, and Green River shorelines. Pedestrian and bicycle trails will also be provided as public amenities. The Tukwila South Area has limited population at the time. The Tukwila South Area will experience continuing urban growth over the next ten years. This Area is suitable and permitted for development with a substantial array of uses. More specifically, the Tukwila South Area (and adjacent area that is presently within the City of Tukwila) is planned for approximately 10 million square feet of development under a Master Plan — i.e., a campus style design including offices, commerce, residences, and other similar, supporting uses. If the planned development occurs, a substantial number of persons will become residents of the community. Residents will be linked to both the planned development and the greater community including residential, commercial, industrial uses as well as public facilities (e.g., passive and active open 2 spaces), and systems for protection of environmentally sensitive areas such as the Green River. The City of Tukwila Comprehensive Plan provides for the commitment and the resources to govern the Tukwila South Area. More specifically, the Tukwila South Area Annexation would be consistent with policies supporting annexations in areas where urban infrastructure and services are available for development at urban densities and in areas contiguous to City boundaries (e.g., Annexation Policies and Land Use Policies). The Tukwila Comprehensive Plan policies address and development, service provision, and mutual social and economic benefits applicable to the Tukwila South Area. For example: • The City's Comprehensive Plan includes the Tukwila South Area within its Potential Annexation Area; • The Tukwila Comprehensive Plan provides a Master Plan for the Tukwila South Area. • The Tukwila Comprehensive Plan makes provisions for providing public services and facilities to the Tukwila South Area. Thus, under the City's Comprehensive Plan, citizens of the Tukwila South Area will be provided with a full array of uniform public services, facilities and infrastructure. The. State Growth Management Act (RCW 36.70A) also supports the Tukwila South Area Annexation. The proposed action is consistent with RCW 36.70.20 which calls for community planning goals, for urban growth, services and infrastructure, and environmental preservation. The Board notes that the Tukwila South Area excludes a small adjacent residential community (the "island" Area) which is a part of the Tukwila South Potential Annexation Area. Under a Memorandum of Agreement between the City and King County, this "Island" Area will be proposed for annexation immediately following the completion of the presently proposed Tukwila South Notice of Intention. RCW 36.93.170 (2) MUNICIPAL SERVICES The Board finds the following factors to be applicable: need for municipal services; effects of ordinances, governmental codes, regulations and resolutions on existing uses; present cost and adequacy of governmental services and controls in area; probable future need for such services; costs; effect on the finance, debt structure and contractual obligations; and prospects of government services from other sources, and rights of other affected governmental units. Following is a brief review of key issues related to these factors: The evidence shows that the Tukwila South Area is an urban community requiring municipal services and facilities. Service goats and policies for urban areas are established by the State Growth Management Act and King County Comprehensive Plan. For example, King County FW -13 states that cities are the appropriate provider of local urban services to Urban Areas. Policies LU -27, LU -31, LU -32, CA -9, CA -10, U -205, and U -208 call for jurisdictions to plan for and coordinate land designations, land uses, and services. Further, annexation is appropriate under Countywide Policy CO -1, when a jurisdiction has "identified and planned for (a) full range of urban services." Consistent with the State Growth Management Act and the King County Plan, the City of Tukwila has developed policies — through the City's Comprehensive Land Use Plan, Comprehensive Service Plans, and other regulatory authorities — for provision of services to all properties within its corporate boundaries. Upon annexation, the City of Tukwila would include the newly incorporated area in the municipality's Service Area. The City of Tukwila will provide (directly or by contract) a full array of public services. The City has provided the basic plans and confirmation of resources necessary to directly provide — or contract for — all essential public services, including policing, fire protection, emergency medical aid, water, wastewater management, storm water management, and transportation systems. Upon annexation, the City of Tukwila will include Tukwila South properties in its Service Area under unified regulatory authorities administered by a single local government unit. The City plans to provide services to the Tukwila South Area either directly or by contract with other providers. 3 The City of Tukwila will assume responsibility for land use management through its Comprehensive Plan and land use regulations as well as the planning and implementation of a Master Development by LaPianta, LLC. The City of Tukwila, in concert with La Pianta, LLC, will assume responsibility for protection of environmentally sensitive areas (e.g., Green River, Johnson Creek) through the Comprehensive Plan, Critical Areas Ordinance, Stormwater Management Plan, et al. The City, in concert with LaPianta, LLC, will assume responsibility for provision and management of capital facilities (e.g., roadways, parks /recreation areas). Acquisitions and improvements will be identified by means of a priority listing which reflects both necessity (i.e., public health, welfare and safety) and the interests of the citizens. The City will assume responsibility for providing police services through the Tukwila Police Department. The City of Tukwila will provide fire protection services and emergency services to Tukwila South. The City plans to work with both the City of SeaTac and the Angle Lake Fire District (No. 24) to establish and implement a plan for transition of services. Water service will be provided by Highline Water District. The City of Tukwila will provide sewer services. The City will provide for a storm water management system. The City will provide for focal /regional services including human services and health services. Libraries would be available to residents. Parks, open spaces, and recreation facilities would be available to community members. Citizens will have access to law and justice services. The Renton School District and the Kent School District would continue to serve the area. * ** The Board finds that the City of Tukwila has prepared a Fiscal Feasibility Study which examined revenues /expenditures relating to governance and service of the Tukwila South Area. The City has developed a basic plan to provide Tukwila South Area citizens with public services /facilities in a manner equivalent to the services/facilities provided within the existing City of Tukwila. The City is committed to providing equivalent levels of service for the Tukwila South Area both at current development and as the community experiences growth. With annexation to Tukwila, all services for the Tukwila South Area reportedly will be efficiently coordinated under unified regulatory authorities administered by a single local government unit King County supports annexation of the Tukwila South Area. This action creates a logical municipal service area. The City can provide more cohesive policies, standards, programs, cohesive operations, and efficient, economic control of services. Thus, services will be more effective, more efficient, and less costly to both government and citizens of the Tukwila South Area. RCW 36.93.170 (3) Effects of Proposal The Board finds mutual economic and social interests, and local government structure effects to be applicable to the City of Tukwila: Tukwila South Area Annexation. Following is a brief review of key issues related to these factors. The City of Tukwila has demonstrated mutual social and economic links between the jurisdiction and the adjacent Tukwila South Area. Citizens of Tukwila South are anticipated to utilize facilities in the City of Tukwila. Citizens are also anticipated to shop in Tukwila and use professional services (e.g., medical care, personal care) in the City. Sales and business taxes will benefit the greater community. Citizens will be able to enjoy the use of libraries, schools, parks and recreation programs. Citizens will travel local and arterial roads through the City. Utility services will be coordinated under the aegis of a range of regional service providers. The City of Tukwila representatives have presented a fiscal analysis that provides data pertaining to economic impacts relating to the pending incorporation. The City reportedly would receive revenue of $101,746 from Tukwila South. For approximately 10 years following annexation, the City is anticipated to incur expenses of approximately $170,000 (i.e., $70,000 per year) in excess of anticipated revenue from the proposed development of the area under the adopted Master Plan. City representatives report that 4 the jurisdiction has addressed the cost/benefit equation, in part, through municipal resources and in part through an agreement for revenue guarantees with LaPianta, the owner and developer of Tukwila South. • The City of Tukwila Comprehensive Plan encourages local governance of communities. With annexation, citizens would participate in local governance including and use planning, service planning, fiscal planning and planning for public amenities to serve the community. Tukwila officials testified that the City is prepared to govern and to provide full services to this community. King County Comprehensive Plan /Countywide Planning Policies encourage local governance of communities. Annexation of the Tukwila South Area is also consistent with the King County Annexation Initiative, calling for transfer of urban lands to local jurisdictions at the earliest feasible date. City of Tukwila representatives report a commitment to taking the necessary steps (e.g., development planning, administration of funding) to ensure appropriate levels of service for the Tukwila South Area through the entirety of the development process culminating at estimated maximum development. t•. Transition of fire services will require attention by the City of Tukwila and the Angle Lake Fire District (No. 24.) City officials stated that the municipality intends to allocate sufficient funding to provide fire and emergency services to the Tukwila South Area. City representatives acknowledge that Angle Lake Fire District (No. 24), which currently serves the area through a contract for service from the City of SeaTac, will experience a substantial loss of revenue in conjunction with annexation of the Tukwila South Area City representatives state that the City is working with officials from SeaTac and Fire District (No. 24) to develop a plan for addressing the transition of all services in an equitable and timely manner. Coordinated integration of the Tukwila South Area into Tukwila would preserve social organization, support economic health, and protect public safety and welfare. CONSISTENCY WITH THE GROWTH MANAGEMENT ACT RCW 36.93.157 mandates that Boundary Review Board decisions must be consistent with three sections of the Growth Management Act: • RCW 36.70A.020 • RCW 36.70A.110 • RCW 36.70A.210 Planning Goals Urban Growth Areas Countywide Planning Policies Key Growth Management Act policies that guide the provision of public services and that are relevant to the proposed Tukwila South Area include: • RCW 36.70A020 and services exist • RCW 36.70A.020 density developm • RCW 36.70A.020 • RCW 36.70A.020 between communi • RCW 36.70A.020 available to serve • RCW 36.70A.110 • RCW 36.70A.110 • RCW 36.70A.110 urban ...services. • RCW 36.70A.210 (1) Urban Growth: Encourages development in urban areas where adequate public facilities or can be provided efficiently. (2) Reduce Sprawl: Reduce inappropriate conversion of undeveloped land into sprawling low - ent. (10) Environment: Protect and enhance the environment and quality of life. (11) Citizen Participation and coordination in the planning process and ensure coordination ties /jurisdictions to reconcile conflicts. (12) Public Facilities and services: Ensures that adequate public services and facilities are and developments. (1/6) calls for each county to designate an urban growth area. (3) directs urban growth to areas with existing or available public services and facilities (4) stales that "(in) general, cities are the units of local government most appropriate to provide (1) calls for cities to be primary providers of governmental services in urban growth areas. 5 Annexation of the Tukwila South Area into the City of Tukwila meets Growth Management Act criteria for governance of urban areas. This action is supported by the provisions of RCW 36.70.A which require community planning goals for urban growth, services and infrastructure, and environmental preservation. For example, the proposed Tukwila South Area Annexation is consistent with RCW 36.70A.020 (1), encouraging development in urban areas where there are adequate public services. The Tukwila South Area Annexation is also consistent with RCW 36.70A.020 (12): which calls for public services to support permitted development. Annexation would also permit urban growth — and protection of environmentally sensitive areas — as envisioned in the Growth Management Act. RCW 36.93.180 'OBJECTIVES The Boundary Review Board has considered RCW .36.93.180 (Objectives), with respect to the Tukwila South Area Annexation as follows: RCW 36.93.180 (1) PRESERVATION OF NATURAL NEIGHBORHOODS AND COMMUNITIES The Board finds that the Tukwila South Area is a "neighborhood" as that term is defined by case law, as "either geographically distinct areas or socially... distinct groups of residents ". The Tukwila South Area, in its entirety, exhibits many features that support its link with the City. The communities are characterized by similar geographic elements and linked natural environments (e.g., Green River, Johnson Creek.) The Tukwila South Area Notice of Intention (at 259 acres) proposes inclusion of a significant majority (84 %) of the Tukwila South Potential Annexation Area. Annexation would permit the City of Tukwila to establish land use designations and zoning standards for Tukwila South. Under City of Tukwila regulations, the Tukwila South Area would be permitted to develop as a Master Planned community including residential, commercial, and industrial uses. The proposed annexation and community development will enable significant progress toward an enhanced community in this neighborhood. The Tukwila South Area is also linked to Tukwila by natural geographic features (e.g., Green River, Johnson Creek, wetlands, terrain, habitat) and by built features (e.g. roadways.) The Master Plan for Tukwila South includes substantial enhancement of these elements, as prescribed by local, regional, and state regulatory authorities. The proposed Tukwila South Area Annexation will advance the Growth Management Act goals which support local governance by municipal jurisdictions. The proposed Tukwila South Area Annexation is consistent with King County Comprehensive Plan /Countywide Policies and the Tukwila Comprehensive Plan Policies, including provisions relating to community growth, land use /development, service provision, public benefits, and mutual social and economic benefits. ..w The Board notes the fact that the Tukwila South Area excludes an adjacent residential community of approximately 50 acres (the "Island" Area) which is a part of the Tukwila South Potential Annexation Area. Under a Memorandum of Agreement between the City and King County, this "Island" Area will be proposed for annexation immediately following the completion of the presently proposed Tukwila South Notice of Intention. The future proposed "Island Area" annexation will further enhance the Tukwila South Area community and the surrounding existing City of Tukwila. King County officials support the annexation of the Tukwila South Area citing that this action would be consistent with state, regional and local guidelines. The County has indicated a preference for immediate annexation of urban areas to provide uniform governance for citizens of the Tukwila South Area. 6 RCW 36.93.180 (2) USE OF PHYSICAL BOUNDARIES, INCLUDING BUT NOT LIMITED TO BODIES OF WATER, HIGHWAYS, AND LAND CONTOURS The Board finds that the proposed Tukwila South Area Annexation is contiguous to the southeastern border of the City of Tukwila. Other Tukwila South boundaries are formed by property lines, rights -of -way and corporate boundaries including the City of Tukwila, the City of Renton, and the City of SeaTac. Although the Tukwila South Area has a rather unusual configuration, annexation of lands within this Area will address a substantial majority (259 acres /84 percent) of the Tukwila South Potential Annexation Area. This Area is specifically intended for annexation by Tukwila under the City of Tukwila Comprehensive Plan (approved by the State of Washington.) The portion of the Tukwila South Area — the "Island Area (50 acres) that is excluded from the present Notice of Intention — will be proposed for annexation immediately following the completion of the presently proposed Tukwila South Notice of Intention under a Memorandum of Agreement between the City and King County. The Tukwila South Area annexation — at 259 acres with the proposed Memorandum of Agreement to annex the "Island Area" (50 acres) may be determined to be consistent with the King County Comprehensive Plan as this action achieves progress toward incorporation of the greater unincorporated area in King County. Annexation of the Tukwila South Area — together with the pending annexation of the "Island Area ". advances the planning goals established by the State Growth Management Act for providing local governance to unincorporated urban territories. RCW 36.93.180 (3) CREATION AND PRESERVATION OF LOGICAL SERVICE AREAS The Board finds that the Tukwila South Area Annexation would be consistent with Objective 3, which calls for creation of logical service areas. The City of Tukwila Comprehensive Plan (including the Land Use Plan, Comprehensive Sewer and Water Plans, Transportation Element, Comprehensive Storm Water Management Plan) identifies the City as the provider of .services for the Tukwila South Area. Annexation of the Tukwila South Area into the City of Tukwila will advance the creation and preservation of logical service areas. The Tukwila South Annexation creates and preserves logical service areas by including a greater number of properties in the City's service area. Annexation of the Tukwila South Area will enable design and implementation of efficient, consistent, consolidated service programs throughout the greater community. The City can provide either directly or by contract for policing, fire protection, water, storm water control, sewers, parks, and other public facilities/amenities. More specifically: - The City of Tukwila will directly provide fire protection and emergency services. Services benefits and costs management have been designed based upon currently available municipal funding and future funding as.projected in a fiscal analysis. The City will work with the City of SeaTac and the Angle Lake Fire Protection District No. 24 to achieve satisfactory transition of services. The City of Tukwila will provide directly and /or by contract for water service, wastewater treatment, and for storm water management. The City will coordinate stormwater services in keeping with King County standards. Specific systems /facilities will be designed to address both the natural environment (e.g., basins, terrain) and the built environment (e.g., structures, roadways). - City parks, recreation facilities, libraries and other community services would be available to the citizens of the Tukwila South Area Children would continue to attend schools in the Renton School District and Kent School District. Roadways (including streets, storm drains, and other right of way features) are generally well - maintained. Improvements and /or new facilities will be funded by the City and /or La Pianta, LLC. 7 Funding is planned from various existing taxes and fees as well as anticipated sources (e.g., grants, development impact fees) for anticipated routine maintenance and for future upgrades to facilities. City officials have demonstrated that provision of public services to the Tukwila South Area would be considerably improved by placing the Tukwila South Area — and immediately thereafter the "Island Area — under a single municipal jurisdiction. Synchronized services and facilities (e.g., emergency services, water service, storm water and surface water management systems, wastewater treatment) will promote protection of the built environment and the natural environment. King County supports annexation of unincorporated urban areas like the Tukwila South Area to provide citizens with more effective, efficient governance. Countywide Planning policies encourage cities to annex (and provide services to) territory within their designated potential annexation area. Other policies establish cities as the appropriate units to govern, develop, and serve Urban Areas. The County lacks sufficient resources to manage land uses or serve properties in these urban areas. The State Growth Management Act identifies cities as the logical providers of local.govemance and urban • services. RCW 36.93.180 (4) PREVENTION OF ABNORMALLY IRREGULAR BOUNDARIES The Board finds that the proposed boundaries of the Tukwila South Area are not geometric in form. Nevertheless, the proposed boundaries do provide reasonable regularity based upon. the fact that the borders of the Tukwila South Area are generally consistent with the Tukwila Potential. Annexation Area. Similarly, the Tukwila South Area boundaries coincide with the established Urban Growth Area boundary and with the duly approved incorporated boundaries of the City of Tukwila. Further, under the King County Comprehensive Plan and the State Growth Management Act, the Tukwila South Area, as an unincorporated urban community, is encouraged to annex to a local jurisdiction. The Tukwila South Area, as an unincorporated community, does not benefit from effective governance. The Memorandum of Agreement providing for the immediate annexation of the "Island Area" following completion of the within annexation will achieve full compliance with Objective 4. Therefore, the Board finds that annexation of the Tukwila South Area to Tukwila is consistent with the intent of this criterion to achieve the boundaries necessary to facilitate coordinated land uses and provide for more effective, efficient services to the community. RCW 36.93.180 (5) DISCOURAGEMENT OF MULTIPLE INCORPORATIONS The Board finds that both the State Growth Management Act and the King County Comprehensive Plan encourage governance of urban areas by local jurisdictions. Annexation to achieve local governance is preferred over incorporation of new communities. Annexation of Tukwila South to the City of Tukwila would, therefore, be consistent with RCW 36.93.180 (5). RCW 36.93.180 (6) DISSOLUTION OF INACTIVE SPECIAL PURPOSE DISTRICTS RCW 36.93.180 (6) is not applicable to File No. 2304. RCW 36.93.180 (7) ADJUSTMENT OF IMPRACTICAL BOUNDARIES The Board finds that the proposed Tukwila South Area comprises a sizeable area of unincorporated land. Annexation of the Tukwila South Area to the City of Tukwila would create the more reasonable and practical boundaries that are necessary to achieve the preservation and coordinated governance of the community. More specifically, with annexation, the Tukwila South Area — including the proposed built environment and linked natural environment — will be placed under City jurisdiction, thereby advancing the creation of more practical boundaries for the effective local governance, directed planning activities (e.g., establishment of uniform land uses and development standards); preservation of environmentally sensitive areas; and the provision of coordinated public facilities and services. 8 The Board's objective regarding practical boundaries will also be advanced by implementation of the Memorandum of Agreement providing for an immediately following annexation of the "Island Area" will achieve further compliance with Objective 7. RCW 36.93.180 (8) INCORPORATION AS CITIES OR ANNEXATION TO CITIES OF UNINCORPORATED AREAS WHICH ARE URBAN IN CHARACTER The Board finds that annexation of the Tukwila South Area provides for the inclusion of urban area within a municipality based upon the location of this territory within the Urban Growth Area established by the King County Comprehensive Plan. Further, he City of Tukwila Comprehensive Plan includes the Tukwila South Area in its Potential Annexation Area. The "Urban" designation established for the Tukwila South Area is also supported by the State Growth Management Act Annexation of the Tukwila South Area into Tukwila will promote uniform governance, development, ands services appropriate for this urban territory. Coordinated governance and services should immediately benefit Tukwila South Area property owners, government agencies, and citizen stakeholders. Further, implementation of the Memorandum of Agreement providing for an immediately following annexation of the "Island Area" will achieve full compliance with Objective 8. RCW 36.93.180 (9) PROTECTION OF AGRICULTURAL AND RURAL LANDS FOR LONG TERM PRODUCTIVE AGRICULTURAL/RESOURCE USE The Board finds that the RCW 36.93.180 (9) is not applicable to File No. 2304 as the Tukwila South Area lies in the Urban Growth Area as established for King County. The Area is zoned for Industrial Use rather than for agricultural or resource use. There is some existing functional agricultural use in the Area, but it is the zoning, rather than the use to which the land is devoted, that provides guidance for the addressing Objective 9. HI. BOUNDARY REVIEW BOARD FINDINGS AND DECISIONS The Boundary Review Board conducted review and deliberation of File No. 2304 based upon the record of written documents and oral testimony, in keeping with applicable state, regional and local regulations. The Board focused upon RCW 36.93 (Boundary Review Board Enabling Act); RCW 36.70A (Growth Management Act); King County Comprehensive Plan /Countywide Policies; City of Tukwila Comprehensive Plans, RCW 35.13 (Annexation of Cities); and other relevant regulations and guidelines. As prescribed by statutory mandate, the Boundary Review Board considered the following options: ■ The Tukwila South Area Annexation could be approved as submitted by the City of Tukwila, if this action advances the provisions of RCW 36.93 and other applicable regulations (e.g., State Growth Management Act, King County Comprehensive Plan, Tukwila Comprehensive Plan). • The Tukwila South Area Annexation could be modified, if this action advances the provisions of RCW 36.93 and other applicable regulations (e.g., State Growth Management Act, King County Comprehensive Plan, Tukwila Comprehensive Plan). •. The Tukwila South Area Annexation could be denied in its entirety if annexation is found to be inconsistent with RCW 36.93 and other applicable regulations (e.g., Chapter 36.70A RCW, King County Comprehensive Plan, City of Tukwila Comprehensive Plan.) • #R The Board finds that the record for File No. 2304 is detailed and extensive. Affected parties have provided considerable materials supporting their positions. The Board reviewed the entire record to reach its decision for the proposed Tukwila South Area Annexation. The Board finds that the City of Tukwila's proposed annexation of the Tukwila South Area is consistent with the provisions of Chapter 36.93 RCW. 9 By way of example, but not limitation: • The Tukwila South Area Annexation addresses criteria established in RCW 36.93.170 with respect to population, territory, comprehensive planning, land uses, natural environment, service needs and service.capacity, and mutual social and economic needs. • Additionally, the proposed Tukwila South Area was evaluated according to the criteria established in RCW 36.93.180 as follows: RCW 36.93 TUKWILA SOUTH AREA (259 ACRES) OBJECTIVE 1 - PRESERVATION OF NATURAL NEIGHBORHOODS AND COMMUNITIES ADVANCES CRITERION AS ANNEXATION INCLUDES ALL PROPERTIES IN A NATURAL COMMUNITY OBJECTIVE 2 - USE OF PHYSICAL BOUNDARIES ADVANCES CRITERION AS IT IS CONSISTENT WITH ESTABLISHED COMPREHENSIVE PLAN BOUNDARIES OBJECTIVE 3 - CREATION AND PRESERVATION OF LOGICAL SERVICE AREAS ADVANCES CRITERION AS TUKWILA CAN SERVE ENTIRE AREA TO PROTECT PUBLIC WELFARE. OBJECTIVE 4 - PREVENTION OF ABNORMALLY IRREGULAR BOUNDARIES ADVANCES CRITERION AS REGULAR BOUNDARIES SUPPORT A UNIFIED COMMUNITY AND STREAMLINE SERVICE PROVISION OBJECTIVE 5 = DISCOURAGEMENT OF MULTIPLE INCORPORATIONS DOES NOT APPLY OBJECTIVE 6 -- DISSOLUTION OF INACTIVE SPECIAL PURPOSE DISTRICTS DOES NOT APPLY OBJECTIVE 7 - ADJUSTMENT OF IMPRACTICAL BOUNDARIES ADVANCES CRITERION AS PRACTICAL BOUNDARIES ARE CREATED TO SUPPORT A UNIFIED COMMUNITY AND TO STREAMLINE SERVICE PROVISION OBJECTIVE 8 - INCORPORATION ...OR ANNEXATION TO CITIES .... OF UNINCORPORATED URBAN AREAS ADVANCES CRITERION AS THE ENTIRE DESIGNATED URBAN AREA IWILL BE INCORPORATED INTO A LOCAL JURISDICTION. OBJECTIVE 9 - PROTECTION OF AGRICULTURAL AND RURAL LANDS ... DOES NOT APPLY • State Growth Management Act (Chapter 36.70A RCW) policies call for logical and orderly growth. The Board finds that annexation of the Tukwila South Area advances the provisions of the RCW 36.70A by providing for effective local governance. * The King County Comprehensive Plan /Countywide Policies and the Tukwila Comprehensive Plan also contemplate logical and orderly growth of communities. These County and City plans support focal governance to assure balanced, sound, cost - effective governance for this community. The Board finds that the proposed Tukwila South Area Annexation achieves the provisions of the King County Comprehensive Plan /Countywide Policies and the City of Tukwila Comprehensive Plan. Annexation of the Tukwila South Area would achieve the balance that the County and the City seek from annexation of urban areas into local communities. IV. CONCLUSION The Boundary Review Board finds that approval of the Tukwila South Area Annexation to the City of Tukwila advances the standards established in the Growth Management Act, King County Comprehensive Plan, the City of Tukwila's Comprehensive Plan, RCW 36.93, and other state and local guidelines for incorporation of urban areas. 10 The Boundary Review' Board finds that approval of the City of Tukwila Notice of Intention to annex the Tukwila South Area is timely based upon the City of Tukwila's curren and histoncal commitrnent to guide development and provide municipa services to this area. ThoTukwUaSou|hAraoAnnaxuhoneU enabte the City of Tukwila to provide a harmonious efficient pan for the governance of the built communih/, preservation of the environment, and protection of the public health and safety of the citizens. (Note: Under state law, the City of Tukwila mus! adopt an Oro'inance or Resolution affirrning the Tukwlla .South Area Annexation following by (he Boundary Review Board. Under state /aw, !he City must conflrm the action as approved try the Boundary Review Board. Alternatively, the Council may decide not not 10 pursue Ibe action. However, (he City cannot modify the boundaries that have been approved by Ihe Boundary Review Board.) 11 NOW, THEREFORE, BE IT RESOLVED BY THE WASHINGTON STATE BOUNDARY REVIEW BOARD FOR KING COUNTY THAT, for the above reasons, the action proposed in the Notice of Intention contained in said File No. 2304 be, and the same is, hereby .approved as described in Exhibits attached hereto and incorporated herein by reference. ADOPTED BY SAID . WASHINGTON STATE BOUNDARY REVIEW BOARD FOR KING COUNTY by a vote of 8 in favor , ,e' in opposition, and / abstentions, on this 12th day of November 2009, and signed by me in authentication of its said adoption on said date. WASHINGTON STATE BOUNDARY REVIEW BOARD FOR KING COUNTY Claudia Hirschey, Chair FILED this 73 day of / Y L t 4 mi 4, 2009 BY: Lenora Btauman Executive Secretary 12 EXHIBITS EXHIBIT 1 CITY OF TUKWILA: TUKWILA SOUTH AREA: LEGAL DESCRIPTION OF ANNEXATION AREA BOUNDARIES EXHIBIT 11 CITY OF TUKWILA: TUKWILA SOUTH AREA: MAP OF ANNEXATION AREA BOUNDARIES 13 City of Tukwila 6200 Southcenter Boulevard • Tukwila, Washington 98188 EXHIBIT I October 22, 2009 Reginald Holmes Washington State Boundary Review Board for King County 400 Yesler Way, Room 240 Seattle, WA 98104 RE: Tukwila South Annexation Legal Description Dear Mr. Holmes: OCT 2 3 2009 WA State Boundary Review Board For King Co. Jim Haggerton, Mayor We have worked with King County representatives to revise the legal description for the Tukwila South Annexation that was submitted with our Notice of Intention earlier this year. Below is the revised legal description for this annexation. Please substitute it for the previously submitted legal description. "Those portions of Section 35, Township 23 North, Range 4 E. Willamette Meridian; Section 2, Township 22 North, Range 4 E. Willamette Meridian; and Section 3, Township 22 North, Range 4 E. Willamette Meridian, Tying south of the City of Tukwila corporate limits as established by the City of Tukwila Ordinances 1125, 472, 269, and 696; East of the east right -of -way margin of Interstate Highway 5; East of the west right -of -way margin of Orillia Road South; North of the north right-of-way margin of South 204th Street and west of the City of Kent Ordinances 2114 and 2351; Together with: That portion of South 204th Street lying north of and immediately • adjacent to the north line of the City of Kent corporate limits as established by City of Kent Ordinance 1727, and westerly of the thread of the Green River." Please contact Lisa Verner, our project manager for the Tukwila South Annexation, at 206 -431- 3662 or Ivernertcr.ci.tukwila.wa.us if you have questions about the legal description or need additional information. Thank you. Sincerely, irn Haggert Mayor EXHIBIT I Phone: 206-433-1800 • City Hall Fax: 206 - 433 -1833 • www.ci.tukwila.wa.us EXH.IWrT II VICINITY MAP AC DENOTES ANNEXATION BOUND 7 DENORF8 PAA BOUNDARY FILE NO. 2304 - CITY OF TUKWILA - TUKWILA SOUTH ANNEXATION 1 ....._. City of Tukwila Washington Ordinance No. aam v AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, ANNEXING APPROXIMATELY 259 ACRES OF REAL PROPERTY KNOWN AS THE "TUKWILA SOUTH PROJECT PROPERTY "; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, RCW 35A.14.120 provides that "proceedings for initiating annexation of unincorporated territory to a charter code city or non - charter code city may be commenced by the filing of a petition of property owners of the territory proposed to be annexed," but that "prior to the circulation of a petition for annexation, the initiating party or parties, who shall be the owners of not less than ten percent in value, according to the assessed valuation for general taxation of the property for which annexation is sought, shall notify the legislative body of the code city in writing of their intention to commence annexation proceedings ;" and WHEREAS, La Pianta, LLC is the owner of approximately 259 acres of real property known as the "Tukwila South Project Property;" and WHEREAS, on November 12, 2004, La Pianta, LLC submitted a Request for Annexation ( "Request "), which was signed by owners of not less than ten percent of the value of the property included in the Request; and WHEREAS, on January 18, 2005, the City Council met with the initiating parties as part of its regular City Council meeting pursuant to RCW 35A.14.120; and WHEREAS, on January 18, 2005, the City Council unanimously voted to accept the Request and to authorize the initiating parties to circulate the Petition for Annexation seeking the signatures of the owners of sixty percent of the assessed valuation of property within the proposed annexation ( "Petition "), on the following conditions: 1) that zoning regulations are simultaneously adopted, and 2) Petition signers consent to the assumption of the proposed annexation area's proportionate share of existing city indebtedness, if any; and WHEREAS, on June 8, 2009, during its Committee of the Whole meeting, the Tukwila City Council held a public hearing following publication of proper notice thereof as provided in RCW 35A.14.130; and WHEREAS, on June 8, 2009, during a Special meeting, the City Council approved the related Tukwila South Development Agreement and other related land use issues and La Pianta, LLC submitted its signed Petition; and WHEREAS, the Tukwila City Council desires to annex the area described and shown in the Petition and on June 15, 2009 adopted Ordinance No. 2241 annexing the area subject to Washington State Boundary Review Board of King County approval; and WHEREAS, the Washington State Boundary Review Board of King County held a public hearing on October 20, 2009 and approved the Resolution and Hearing Decision for File No. 2304, City of Tukwila, Tukwila South Annexation, at its regular meeting of November 12, 2009; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Annexation. The City of Tukwila hereby annexes the Tukwila South Property, which is legally described in Exhibit A and depicted on the map in Exhibit B, attached hereto and incorporated herein by reference. Section 2. Conditions Upon Annexation. A. Comprehensive Plan, Shoreline Master Plan and Zoning Designations. The Tukwila South Property shall be subject to the Comprehensive Plan, Master Plan and Shoreline Master Plan map amendment to designate the property as Urban Environment and Tukwila South Overlay District subject to zoning regulations as set forth in the Tukwila South Project Development Agreement adopted on June 8, 2009. W:\ Word Processing \Ordinances \Tukwila South Project Property Annexation.doc LV:ksn 12/09/2009 Page 1 of 2 B. Assumption of Existing Indebtedness. The Tukwila South Property shall be assessed and taxed at the same rate and on the same basis as the property in the City of Tukwila is assessed and taxed to pay for the portion of outstanding city indebtedness, if any, which indebtedness has been approved by the voters, contracted for or incurred prior to or existing at the effective date of the annexation in Section 1 of this ordinance. Section 3. Effective Date of Annexation. The effective date of the Tukwila South Annexation shall be December 31, 2009. 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 days after passage and publication as provided by law. Section 5. Certification of Ordinance to King County. Upon passage the City Clerk is directed to file a certified copy of this ordinance with the King County Council, pursuant to RCW 35A.14.140. Section 6. Severability. Should any section, paragraph, sentence, clause or phrase of this ordinance or its application to any person or circumstance be declared unconstitutional or otherwise invalid for any reason or should any portion of this ordinance be pre - empted by state or federal law or regulation, such decision or pre - emption shall not affect the validity of the remaining portions of this ordinance or its application to other persons or circumstances. PASSED BY THE CITY COUNIL OF THE CITY OF TUKWILA, WASHINGTON, at a Special Meeting thereof this ) 41 day of 02.-t , 2009. ATTEST /A HENTICATED: Christy O'Flahe , C C, City Clerk APPROVED 0 FORM BY: aggertorF' or Filed with the City Clerk: / 9- 0 9 Passed by the City Council: / ,, / (1- O 9 - / 4() 6 J,a Q 9 Published: Effective Date: Ordinance Number: Attachments: Exhibit A - Tukwila South Property legal description Exhibit B - Area Map W:\ Word Processing \ Ordinances \ Tukwila South Project Property Annexation.doc LV.ksn 12/09/2009 Page 2 of 2 Exhibit A Legal Description of Tukwila South Annexation "Those portions of Section 35, Township 23 North, Range 4 E. Willamette Meridian; Section 2, Township 22 North, Range 4 E. Willamette Meridian; and Section 3, Township 22 North, Range 4 E. Willamette Meridian, lying south of the City of Tukwila corporate limits as established by the City of Tukwila Ordinances 1125, 472, 269, and 696; East of the east right -of -way margin of Interstate Highway 5; East of the west right -of -way margin of Orillia Road South; North of the north right -of -way margin of South 204th Street and west of the City of Kent Ordinances 2114 and 2351; Together with: That portion of South 204th Street Tying north of and immediately adjacent to the north line of the City of Kent corporate limits as established by City of Kent Ordinance 1727, and westerly of the thread of the Green River." VICINITY MAP is EXHIBIT B AC EXISTIN CITY LI DENOTES ANNEXATION D DEVOTES PAA BOUNDARY SUMMARY OF Ordinance No. 2268 City of Tukwila, Washington On December 14, 2009 the City Council of the City of Tukwila, Washington, adopted Ordinance No. 2268, the main points of which are summarized by its title as follows: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, FINALIZING THE TUKWILA SOUTH ANNEXATION; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. The full text of this ordinance will be mailed upon request. Approved by the City Council at a Special Meeting thereof on December 14, 2009. T Christy O'Flahert Y. CMCity Clerk Published Seattle Times: December 17, 2009. TO: City of Tukwila Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM Mayor Haggerton City Council FROM: Lisa Verner, Project Manager DATE: December 14, 2009 SUBJECT: Tukwila South Project Annexation ISSUE 4) try Go-P-4) Annex the portion of the Tukwila South Project property (259 acres) in King County into the City of Tukwila as part of the overall Tukwila South Project approvals. The first part of the annexation .p-1: ess was completed in 2005; the second part was completed in June, 2009; the final part will be completed now. BACKGROUND On November 12, 2004, a Request for Annexation was received from La Pianta LLC. The Request was signed by owners of 10% of the value of the property included in the request. Pursuant to RCW 35A.14.120, the City Council set a date, no more than sixty (60) days after the filing of this request, for a meeting with the signers to determine whether the Council would accept, reject or modify the proposed annexation and resolve other issues as required by state law. This Regular Meeting was held on January 18, 2005. The Council unanimously voted to accept the 10% Request as submitted, to authorize the circulation of the Petition for Annexation (60% Petition), and to require the following: 1. the simultaneous adoption of zoning regulations; and 2. the assumption of a proportionate share of existing city indebtedness by the area to be annexed. The Petition was signed and submitted by La Pianta representatives upon Council approval of the Tukwila South Development Agreement and relate an use issues June 8, 2009). On June 15, 20,09; Cou cif I adopted Ordinance 2241 annexing the Tukwila South property subject to Boundary Review Board approval. The Notice of Intention to Annex was submitted by the City to the Washington State Boundary Review Board (BRB) for King County with a request for public hearing. The BRB held a public hearing on October 20, 2009; at the close of the hearing Board members directed staff to prepare a motion to approve the annexation. At its regular meeting on November 12, 2009, the BRB voted unanimously to approve the Tukwila South Annexation. To conclude the process, the City Council must now adopt a final ordinance annexing the property and setting an effective date. The effective date in the Ordinance before Council is December 31, 2009. This date has been coordinated with the various King County departments that need to 15 INFORMATIONAL MEMO Page 2 transfer the annexed property. This date also meets the timeline laid out in the Development Agreement. RECOMMENDATION The Council is asked to deliberate on this annexation ordinance at the December 14, 2009 Committee of the Whole meeting and to forward it to the December 14, 2009 Special Meeting for adoption. ATTACHMENTS Ordinance annexing the Tukwila South Project property 16 W:\ 20091nfoMemos \TSAnnexl2- 14- 09.doc \f J5� rZ: (QWn'•. �!1 1909 City of Tukwila Washington Ordinance No. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, ANNEXING APPROXIMATELY 259 ACRES OF REAL PROPERTY KNOWN AS THE " TUKWILA SOUTH PROJECT PROPERTY "; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, RCW 35A.14.120 provides that "proceedings for initiating annexation of unincorporated territory to a charter code city or non - charter code city may be commenced by the filing of a petition of property owners of the territory proposed to be annexed," but that "prior to the circulation of a petition for annexation, the initiating party or parties, who shall be the owners of not less than ten percent in value, according to the assessed valuation for general taxation of the property for which annexation is sought, shall notify the legislative body of the code city in writing of their intention to commence annexation proceedings;" and WHEREAS, La Pianta, LLC is the owner of approximately 259 acres of real property known as the "Tukwila South Project Property;" and WHEREAS, on November 12, 2004, La Pianta, LLC submitted a Request for Annexation ( "Request "), which was signed by owners of not less than ten percent of the value of the property included in the Request; and WHEREAS, on January 18, 2005, the City Council met with the initiating parties as part of its regular City Council meeting pursuant to RCW 35A.14.120; and WHEREAS, on January 18, 2005, the City Council unanimously voted to accept the Request and to authorize the initiating parties to circulate the Petition for Annexation seeking the signatures of the owners of sixty percent of the assessed valuation of property within the proposed annexation ( "Petition "), on the following conditions: 1) that zoning regulations are simultaneously adopted, and 2) Petition signers consent to the assumption of the proposed annexation area's proportionate share of existing city indebtedness, if any; and WHEREAS, on June 8, 2009, during its Committee of the Whole meeting, the Tukwila City Council held a public hearing following publication of proper notice thereof as provided in RCW 35A.14.130; and WHEREAS, on June 8, 2009, during a Special meeting, the City Council approved the related Tukwila South Development Agreement and other related land use issues and La Pianta, LLC submitted its signed Petition; and WHEREAS, the Tukwila City Council desires to annex the area described and shown in the Petition and on June 15, 2009 adopted Ordinance No. 2241 annexing the area subject to Washington State Boundary Review Board of King County approval; and WHEREAS, the Washington State Boundary Review Board of King County held a public hearing on October 20, 2009 and approved the Resolution and Hearing Decision for File No. 2304, City of Tukwila, Tukwila South Annexation, at its regular meeting of November 12, 2009; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Annexation. The City of Tukwila hereby annexes the Tukwila South Property, which is legally described in Exhibit A and depicted on the map in Exhibit B, attached hereto and incorporated herein by reference. Section 2. Conditions Upon Annexation. A. Comprehensive Plan, Shoreline Master Plan and Zoning Designations. The Tukwila South Property shall be subject to the Comprehensive Plan, Master Plan and Shoreline Master Plan map amendment to designate the property as Urban Environment and Tukwila South Overlay District subject to zoning regulations as set forth in the Tukwila South Project Development Agreement adopted on June 8, 2009. W:\ Word Processing \ Ordinances \ Tukwila South Project Property Annexation.doc LV:ksn 12/D9/2009 Page 1 of 2 17 B. Assumption of Existing Indebtedness. The Tukwila South Property shall be assessed and taxed at the same rate and on the same basis as the property in the City of Tukwila is assessed and taxed to pay for the portion of outstanding city indebtedness, if any, which indebtedness has been approved by the voters, contracted for or incurred prior to or existing at the effective date of the annexation in Section 1 of this ordinance. Section 3. Effective Date of Annexation. The effective date of the Tukwila South Annexation shall be December 31, 2009. 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 days after passage and publication as provided by law. Section 5. Certification of Ordinance to King County. Upon passage the City Clerk is directed to file a certified copy of this ordinance with the King County Council, pursuant to RCW 35A.14.140. Section 6. Severability. Should any section, paragraph, sentence, clause or phrase of this ordinance or its application to any person or circumstance be declared unconstitutional or otherwise invalid for any reason or should any portion of this ordinance be pre - empted by state or federal law or regulation, such decision or pre - emption shall not affect the validity of the remaining portions of this ordinance or its application to other persons or circumstances. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Special Meeting thereof this day of 2009. ATTEST /AUTHENTICATED: Christy O'Flaherty, CMC, City Clerk APPROVED AS TO FORM BY: Office of the City Attorney Jim Haggerton, Mayor Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: Attachments: Exhibit A - Tukwila South Property legal description Exhibit B - Area Map W:\ Word Processing \Ordinances \Tukwila South Project Property Annexation.doc LV:ksn 12/09/2009 18 Page 2 of 2 Exhibit A Legal Description of Tukwila South Annexation 'Those portions of Section 35, Township 23 North, Range 4 E. Willamette Meridian; Section 2, Township 22 North, Range 4 E. Willamette Meridian; and Section 3, Township 22 North, Range 4 E. Willamette Meridian, Tying south of the City of Tukwila corporate limits as established by the City of Tukwila Ordinances 1125, 472, 269, and 696; East of the east right -of -way margin of Interstate Highway 5; East of the west right -of -way margin of Orillia Road South; North of the north right -of -way margin of South 204th Street and west of the City of Kent Ordinances 2114 and 2351; Together with: That portion of South 204th Street Tying north of and immediately adjacent to the north line of the City of Kent corporate limits as established by City of Kent Ordinance 1727, and westerly of the thread of the Green River." 19 VICINITY MAP EXHIBIT B AC EXISTIN CITY LI a -J w J z Q imaffr Zi-A 0 20 DENOTES ANNEXATION BOUND AFY DENOTES PAA BOUNDARY Page 1 of 1 Lisa Verner - Tuk So annexation: new fire hydrants in Orillia Rd From: Lisa Verner To: Donald Tomaso; Nick Olivas; Shelley Kerslake Date: 12/01/2009 4:56 PM Subject: Tuk So annexation: new fire hydrants in Orillia Rd Shelley, Nick and Don, Gwen Clemens at King County says Chris Bauer, Commissioner of Fire District #24, has contacted DDES for permits to install 2 fire hydrants in Orillia Road in advance of the Tukwila South Annexation becoming effective (12/31/09). The District is working with Bill Mudd, Fire Engineer with King County DDES, (206- 296 -6785) on the permits; has not contacted Highline Water District yet; and has a different contractor than the one mentioned at the annexation public hearing. I mentioned that, since the City is taking over Orillia Road ROW, the hydrants need to meet City standards (spacing, etc) and gave Gwen your name and telephone number, Don, to pass along to Bill Mudd. Don, you may want to call him directly to make sure that the standards are incorporated into the permits. The District is trying to get the work completed this month so they can use the District's reserve funds before they are transferred to the City (upon annexation) and King County is trying to accommodate them by getting the permits out in the next few weeks. Gwen said it does not appear that the District will appeal the Tukwila South annexation but wants to get this action item completed by the end of the year. Let me know if you have any questions. Thanks. Lisa Lisa Verner Tukwila South Project Manager City of Tukwila 206 - 431 -3662 Iverner(aci.tukwila.wa.us file://C : \temp\XPGrpWise \4B 154AAAtuk- mail6300- pol001776B791 A8E11 \GW} 00001... 12/01/2009 7i,oi ftwuet-- 1 & (A27 ezi).-MAA" 1 corepo 1Ye62 3 67,(*-4,0--- i-ti--ED d_Ay_e, 1b& o- 4-9- ,S1 V f k . gt_ 1 e_ ---/ , N Ili o / i / (2N-� i , h i ...._____. Washington State Boundary Review Board For King County Yesler Building, Room 240, 400 Yesler Way, Seattle, WA 98104 Phone: (206) 296 -6800 • Fax: (206) 296 -6803 • http //www.kingcounty.gov /annexations November 13, 2009 City of Tukwila Attn: Lisa Verner, Tukwila South Project Manager 6300 Southcenter Blvd, Suite 100 Tukwila, WA 98188 RECEIVED INOV 11.2009 COMMUNITY_ DEVELOPMENT RE: CLOSING LETTER FOR RESOLUTION AND HEARING DECISION File No. 2304 - City of Tukwila- Tukwila South Annexation Dear Ms. Verner: We . are.,writing to advise you that the Washington State Boundary Review Board for King County, has now - completed the Resolutiomand Hearing Decision, as specified in RCW 36.93, to approve the above referenced proposed action filed with the Board effective: November 12, 2009. . . RECEIVED NOV 16 2008 Rentoil City Council The Resolution and .Hearing Decision for this action is enclosed for filing as prescribed by RCW 36.93.160(4). An appeal period to Superior Court has been established, as mandated by RCW 36.93.160. The appeal period to Superior Court will close on December 14, 2009 . In order to finalize the proposed action, the applicant must address the following requirements, where applicable: 1. Compliance with the statutory requirements and procedures specified in the Notice of Intention; 2. Sewer and .Water district actions and some other actions are also subject to approval by the Metropolitan King County Council. If the Council makes changes to the proposal, the Board may then be required to hold a public hearing. F.iling.with,King. County of franchise application(s); as . required, accompanied by a•copy of.this letter. 4. Filing with King County of permit application(s), as required, accompanied by a copy of this letter. Page two continued, November 13, 2009 Form HE 8 5. Notification to King County Office of Strategic Planning & Performance Management (OSPPM), in writing, of your intended effective date of this action. This notification should be provided as early as possible. Please send this information to Gwen Clemens, Office of Strategic Planning & Performance Management (OSPPM), 401 Fifth Avenue, Suite 810, Seattle, Washington 98104, and 6. Filing with King County Council of: (1) one certified copy of your final resolution or ordinance accomplishing this action; and (2) a copy of this letter. This document should be filed with the Clerk of the Council (Attn: Ms Anne Noris), King County Courthouse, Room 1025, Seattle, Washington 98104 If you have questions or would_ like additional information, please contact our office at 206.296.6800. Sincerely, AtA,A.2 Lenora Blauman Executive Secretary Attachment: Resolution and Hearing Decision Cc: The Honorable King County Councilmember Julia Patterson The Honorable King County Councilmember Dow Constantine The Honorable King County Councilmember Larry Gossett Ms. Anne Noris, Clerk of Council Ms. Kaaren Kane, King County Department of Assessments Ms. Lydia Reynolds- Jones, Manager, Project Support Services Mr. Dave Wilson, Elections Division Mr. Paul Reitenbach, Department of Development & Environmental Services Ms. Paula Adams, Department of Development & Environmental Services Ms. Gwen Clemens, Office of Strategic Planning & Performance Management Ms. Connie Wong, Facilities Management Division, Real Estate Section Ms. Anne Lockmiller, Facilities Management Division, Real Estate Section King County E -911 Program Cities: Kent, Renton and SeaTac District(s): Angle Lake District (No. 24); King County Water District No. 125, Highline Water District, Valley View Sewer District; Renton School District No. 403 and Kent School District No. 415 IN RE: PROCEEDINGS OF THE WASHINGTON STATE BOUNDARY REVIEW BOARD FOR KING COUNTY RESOLUTION AND HEARING DECISION CITY OF TUKWILA Tukwila South Area Proposed Annexation King County, Washington FILE NO. 2304 I. PUBLIC HEARING OVERVIEW In August 2009 the City of Tukwila filed a Notice of Intention (File No. 2304) to annex 259 acres, described as the Tukwila South Area. This Notice was based upon a Resolution adopted by Tukwila City Council approving a plan to annex the Tukwila South Area into the community. City officials reported that the proposal to annex the Tukwila South Area was made in response to a petition from property owners seeking to annex to the City of Tukwila. The Tukwila South Annexation Area northern boundary is contiguous to the southern boundary of the City of Tukwila. The Tukwila South Annexation Area's southern boundary is formed by South 204th Street. The western boundary of the area isvariously formed by Orillia Road South and Interstate 5. The eastern boundary of the area is formed by the Green River. The City of Tukwila invoked jurisdiction at the same time it filed the Notice of Intention. Its purpose in invoking jurisdiction was to provide citizens an independent forum to obtain information and comment upon the proposed Tukwila South Area Annexation. The Board held a public hearing on October 20, 2009 to consider the proposal by the City of Tukwila to annex the Tukwila South Area (259 acres). * ** The Board reviewed File No. 2304 in accord with RCW 36.93. (Local Governments — Boundaries — Review Boards.) The Board directed particular attention to RCW 36.93.170 (Factors) and RCW 36.93.180 (Objectives). The Board also considered RCW 36.70.A, the Growth Management Act, the King County Comprehensive Plan, the City of Tukwila Comprehensive Plan, together with other applicable state, regional, and local regulations and guidelines. The Board finds that the record for File No. 2304 contains sufficient documentation (e.g., technical data, fiscal data), evidence of community information programs, and certification of petitions and /or legislative action to complete its review of the Tukwila South Area Annexation. * ** On the basis of the testimony, evidence and exhibits presented at said hearing, and the matters on record in said File No. 2304, it is the decision of the Board to approve the action proposed in said Notice of Intention. The legal description of the Tukwila South Area is attached hereto and marked as "Exhibit I ", together with a map showing the boundaries of the area herein marked as "Exhibit II." II. FINDINGS RCW 36.93.170 FACTORS AFFECTING THIS PROPOSAL The Board finds the following Factors (RCW 36.93.170) to be applicable to the City of Tukwila's proposed Tukwila South Area Annexation (approximately 259 acres). Additional authorities applicable to the Tukwila South Area include, but are not limited to: RCW 36.70A, RCW 35.13, King County Comprehensive Plan /Countywide Policies, the Tukwila Comprehensive Plan and its enabling regulations (e.g., zoning code). These State and local authorities are intended to ensure reasonable development regulations and adequate public services to local communities. 1 A brief review of key issues related to each applicable element is presented below: RCW 36.93.170_0) POPULATION AND TERRITORY - The Board finds the following factors to be applicable to this matter: Population Density /Proximity to-Other Populated Areas /Land Area /Land . Uses; Comprehensive Land Use • Plans; • Topography, • Natural: Boundaries and Drainage Basins; Likelihood of Significant Growth in the Area During the Next Ten Years; and Population Density /Proximity to Other Populated Areas /Land Area /Land Uses. The following is a brief review of key issues related to these factors. The Tukwila South Area lies within the Urban Growth Area established by King County. The King County Comprehensive Plan contemplates transfer of the Tukwila South Area to a local jurisdiction. County Policy LU -31 requires cities to designate potential annexation areas to include adjacent urban lands and eliminate unincorporated islands between cities. Policy LU -32 encourages cities to annex designated areas into city boundaries. King County Comprehensive Plan /Countywide Policies call for contiguous orderly growth of local jurisdictions (e.g., U -304, U -208, U -301, U -304.) Cities are encouraged to include unincorporated areas within the jurisdiction's comprehensive plan and potential annexation areas (e.g., U- 107,. U -110, U -1122, U- 114,.0 -147, U- 148, -,U- 170,.0 -201, U203 -U -205, LU -34, FW11 — FW -13, LU -25, LU 28, LU -29, LU 32, LU -33, RF -5.) Other policies establish cities as the providers of local governance, community planning, and urban services (e.g., PR -202, FW -13, CO -1, CO -3; LU -31 - LU -34, LU -36). * ** The Tukwila South Area would incorporate into the City of Tukwila a substantial portion of those lands within the Urban Growth Boundary described in jurisdiction's Potential Annexation Area. A small remaining area, known as the "Island" Area is proposed for annexation to Tukwila immediately following the completion of the Tukwila South Annexation through a Memorandum of Agreement signed by the City and King County in October of 2009. The Tukwila Comprehensive Plan "Annexation Element" addresses the Tukwila South Area. The Tukwila South •Area is included in the "Annexation Element" of the City of Tukwila Comprehensive Plan and lies within the City's. Potential Annexation Area. • • Annexation of the Tukwila South Area is supported under the City of Tukwila Comprehensive Plana The Tukwila South • Area Annexation is consistent with City's Comprehensive Plan policies supporting inclusion of urban areas within the City for local governance. The area is unified with respect to its specific physical elements (e.g., geographic features.) Both Tukwila South and the communities in the nearby existing City of Tukwila share similar land use designations /zoning, exiting or permitted land uses, and natural environments (e.g., topography, flora, drainage basins). The Tukwila South Area contains environmentally sensitive features (e.g., water bodies; watershed; wetlands; variable topography, drainage basins, natural habitat). The Tukwila Comprehensive Plan provides support for the natural environment within the Tukwila South Area through guidelines and regulatory controls such as critical areas ordinances; open space preservation; and storm water /flood control programs designed to protect sensitive areas. The Master Plan for Tukwila South calls for - environmental enhancements to Johnson Creek, wetlands, and Green River shorelines. Pedestrian and bicycle trails will also be provided as public amenities. The Tukwila South Area has limited population at the time. The Tukwila South Area will experience continuing urban growth over the next ten years. This Area is suitable and permitted for development with a substantial array of uses. More specifically, the Tukwila South Area (and adjacent area that is presently within the City of Tukwila) is planned for approximately 10 million square feet of development under a Master Plan — i.e., a campus style design including offices, commerce, residences, and other similar, supporting uses. If the "planned development occurs, a substantial number of persons will become residents of the community. Residents will be linked to both the planned development and the greater community including residential, commercial, industrial uses as well as public facilities (e.g., passive and active open 2 spaces), and systems for protection of environmentally sensitive areas such as the Green River. The City of Tukwila Comprehensive Plan provides for the commitment and the resources to govern the Tukwila South Area. More specifically, the Tukwila South Area Annexation would be. consistent with policies supporting annexations in areas where urban infrastructure and services are available for development at urban densities and in areas contiguous to City boundaries (e.g., Annexation Policies and Land Use. Policies). The Tukwila Comprehensive Plan policies address land development, service provision, and mutual social and economic benefits applicable to the Tukwila South Area. For example: • The City's Comprehensive Plan includes the Tukwila South Area within its Potential Annexation Area; ■ The Tukwila Comprehensive Plan provides a Master Plan for the Tukwila South Area. The Tukwila Comprehensive Plan makes provisions for providing public services and facilities to the Tukwila South Area. Thus, under the City's Comprehensive Plan, citizens of the Tukwila South Area will be provided with a full array of uniform public services, facilities and infrastructure. The State Growth Management Act (RCW 36.70A).also supports the Tukwila South Area Annexation. The proposed action is consistent with RCW 36.70.20 which calls for community planning goals, for urban growth, services and infrastructure, and environmental preservation. * ** The Board notes that the Tukwila South Area excludes a small adjacent residential community (the "Island" Area) which is a part of the Tukwila South Potential Annexation Area. Under a Memorandum of Agreement between the City and King County, this "Island" Area will be proposed for annexation immediately following the completion of the presently proposed Tukwila South Notice of Intention. RCW 36.93.170 (2) MUNICIPAL SERVICES The Board finds the following factors to be applicable: need for municipal, services; effects of ordinances, governmental codes, regulations and resolutions 'on existing uses; present cost and adequacy of governmental services and controls in area; probable future need for such services; costs; effect on the finance, debt structure and contractual obligations; and prospects of government services from other sources, and rights of other affected governmental units. Following is a brief review of key issues related to these factors: The evidence shows that the Tukwila South Area is an urban community requiring municipal services and facilities. Service goals and policies for urban areas are established by the State Growth Management Act and King County Comprehensive Plan. For example, King County FW -13 states that cities are the appropriate provider of local urban services to Urban Areas. Policies LU -27, LU -31, LU -32, CA -9, CA -10, U -205, and U -208 call for jurisdictions to plan for and coordinate land designations, land uses, and services. Further, annexation is appropriate under Countywide Policy CO -1, when a jurisdiction has "identified and planned for (a) full range of urban services." Consistent with the State Growth Management Act and the King County Plan, the City of Tukwila has developed policies — through the City's Comprehensive Land Use Plan, Comprehensive Service Plans, and other regulatory authorities — for provision of services to all properties within its corporate boundaries. Upon annexation, the City of Tukwila would include the newly incorporated area in the municipality's Service Area. The City of Tukwila will provide (directly or by contract) a full array of public services. The City has provided the basic plans and confirmation of resources necessary to directly provide — or contract for — all essential public services, including policing, fire protection, emergency medical aid, water, wastewater management, storm water management, and transportation systems. Upon annexation, the City of Tukwila will include Tukwila South properties in its Service Area under unified regulatory authorities administered by a single local government unit. The City plans to provide services to the Tukwila South Area either directly or by contract with other providers. 3 The City of Tukwila will assume responsibility for land, use management through its Comprehensive Plan and .land use regulations as well as the planning and implementation of a Master Development by LaPianta, LLC. The City of Tukwila, in concert with La Pianta, LLC, will assume responsibility for protection of environmentally...sensitive areas (e.g:, Green. River, Johnson. Creek) through - the Comprehensive. Plan,. Critical AreavOrdinance, Stormwater Management.Plan; et aL. The City, in 'concert with LaPianta, LLC, will assume responsibility for provision and management of. capital facilities (e.g., roadways, parks /recreation areas). Acquisitions and improvements will be identified by means of a priority listing which reflects both necessity (i.e., public health, welfare and safety) and the interests of the citizens. The City will assume responsibility for providing police services through the Tukwila Police Department. The City of Tukwila will provide fire protection services and emergency services to Tukwila South. The City plans to work with both the City of SeaTac and the Angle Lake Fire District (No. 24) to establish and implement a plan for transition of services. Water service will be provided by Highline Water District. The City of Tukwila will provide sewer services. The City will provide for a storm water management system. The. City will provide for.local /regional services including human services and health. services,. Libraries would be available to residents. Parks, open spaces, and recreation facilities would be available to community members. Citizens will have access to law and justice services. The Renton School District and the Kent School District would continue to serve the area. * ** The Board finds that the City of Tukwila has prepared a Fiscal Feasibility Study which examined revenues /expenditures relating to governance and service of the Tukwila South Area. The City has developed a basic plan to provide Tukwila South Area citizens with public services /facilities in a manner equivalent to the services /facilities provided within the existing City of Tukwila. The City is committed to providing equivalent levels of service for the Tukwila South Area both at current development and as the community experiences growth. With annexation to Tukwila,. all services' for the Tukwila. South. Area reportedly will be efficiently coordinated under unified regulatory authorities administered by a single local government unit ' King County supports annexation of the Tukwila South Area. This action creates a logical municipal service area. The City can provide more cohesive policies, standards, programs, cohesive operations, and efficient, economic control of services. Thus, services will be more effective, more efficient, and Tess costly to both government and citizens of the Tukwila South Area. RCW 36.93.170 (3) Effects of Proposal The Board finds mutual economic and social interests, and local government structure effects to be applicable to the City of Tukwila: Tukwila South Area Annexation. Following is a brief review of key issues related to these factors.. The City of Tukwila has demonstrated mutual social and economic links between the jurisdiction and the adjacent Tukwila South Area. Citizens of Tukwila South are anticipated to utilize facilities in the City of Tukwila. Citizens are also anticipated to shop in Tukwila and use professional services (e.g., medical care, personal care) in the City. Sales and business taxes will benefit the greater community. Citizens will be able to enjoy the use of libraries, schools, parks and recreation programs. Citizens will travel local and arterial roads through the City. Utility services will be coordinated under the aegis of a range of regional service providers. The City of Tukwila representatives have presented a fiscal analysis that provides data pertaining to economic impacts relating to the pending incorporation. The City reportedly would, receive revenue of $101,746 from Tukwila South. For approximately 10 years following annexation, the City is anticipated to incur expenses of approximately $170,000 (i.e., $70,000 per year) in excess of anticipated revenue from the proposed development of the area under the adopted Master Plan. City representatives report that 4 the jurisdiction has addressed the cost/benefit equation, in part, through municipal resources and in part through an agreement for revenue guarantees with LaPianta, the owner and developer of Tukwila South. The City of Tukwila Comprehensive Plan encourages local governance of communities. With annexation, citizens would participate in local governance including land use planning; service planning, fiscal planning and planning for public amenities to serve the community. Tukwila officials testified that the City is prepared to govern and to provide full services to this community. King County Comprehensive Plan /Countywide Planning Policies encourage local governance of communities. Annexation of the Tukwila South Area is also consistent with the King County Annexation Initiative, calling for transfer of urban lands to local jurisdictions at the earliest feasible date. City of Tukwila representatives report a commitment to taking the necessary steps (e.g., development planning, administration of funding) to ensure appropriate levels of service for the Tukwila South Area through the entirety of the development process culminating at estimated maximum development. Transition of fire services will require attention by the'City -of Tukwila and the Angie Lake Fire District (No. 24.) City officials stated that the municipality intends to allocate sufficient funding to provide fire and emergency services to the Tukwila South Area. City representatives acknowledge that Angle Lake Fire District (No. 24), which currently serves the area through a contract for service from the City of SeaTac, will experience a substantial loss of revenue in conjunction with annexation of the Tukwila South Area. City representatives state that the City is working with officials from SeaTac and Fire District (No. 24) to develop a plan for addressing the transition of all services in an equitable and timely manner. Coordinated integration of the Tukwila South Area into Tukwila would preserve social organization, support economic health, and protect public safety and welfare. CONSISTENCY WITH THE GROWTH MANAGEMENT ACT RCW 36.93.157 mandates that Boundary Review Board decisions must be consistent with three sections of the Growth Management Act: • RCW 36.70A.020 Planning Goals • RCW 36.70A.110 Urban Growth Areas • RCW 36.70A.210 Countywide Planning Policies Key Growth Management Act policies that guide the provision of public services and that are relevant to the proposed Tukwila South Area include: • RCW 36.70A.020 (1) Urban Growth: Encourages development in urban areas where adequate public facilities and services exist or can be provided efficiently. • RCW 36.70A.020 (2) Reduce Sprawl: Reduce inappropriate conversion of undeveloped land into sprawling low - density development. • RCW 36.70A.020 (10) Environment: Protect and enhance the environment and quality of life. • RCW 36.70A.020 (11) Citizen Participation and coordination in the planning process and ensure coordination between communities /jurisdictions to reconcile conflicts. • RCW 36.70A.020 (12) Public Facilities and services: Ensures that adequate public services and facilities are available to serve land developments. • RCW 36.70A.110 (1/6) calls for each county to designate an urban growth area. • RCW 36.70A.110 (3) directs urban growth to areas with existing or available public services and facilities • RCW 36.70A.110 (4) states that "(in) general, cities are the units of local government most appropriate to provide urban ... services." • •RCW 36.70A.210 (1) calls for cities to be primary providers of governmental services in urban growth areas. 5 Annexation of the Tukwila South Area into the City of Tukwila meets Growth Management Act criteria for governance of urban areas. This action is supported by the provisions of RCW 36.70.A which require community planning goals for urban growth, services and infrastructure, and environmental preservation. • • For example, the proposed Tukwila. South Area Annexation is consistent with RCW 36.70A.020 .(1), encouraging. development in urban areas where there are adequate public services. .The Tukwila South Area Annexation is also consistent with RCW 36.70A.020 (12), which calls for public services to support permitted development. Annexation would also permit urban growth — and protection of environmentally sensitive areas — as envisioned in the Growth Management Act. RCW 36.93.180 OBJECTIVES The Boundary Review Board has considered RCW 36.93.180 (Objectives), with respect to the Tukwila South Area Annexation as follows: RCW 36.93.180 (1 ) PRESERVATION OF NATURAL NEIGHBORHOODS AND COMMUNITIES The Board finds that the Tukwila South Area is a "neighborhood" as that term is defined by case law, as "either geographically distinct. areas or socially... distinct groups of residents ". • The Tukwila South Area, in its entirety, exhibits many features that support its link with the City. The communities are characterized by similar geographic elements and linked natural environments (e.g., Green River, Johnson Creek.) The Tukwila South Area Notice of Intention (at 259 acres) proposes inclusion of a significant majority (84 %) of the Tukwila South Potential Annexation Area. Annexation would permit the City of Tukwila to establish land use designations and zoning standards for Tukwila South. Under City of Tukwila regulations, the Tukwila South Area would be permitted to develop as a Master Planned community including residential; commercial, and industrial uses. The proposed annexation and community development will enable significant progress, toward an enhanced community in this neighborhood. The Tukwila South, Area is also linked to Tukwila by natural geographic features (e.g., Green. River, Johnson. Creek, wetlands, terrain, habitat) and by built features (e.g. roadways.) The Master Plan for Tukwila South includes substantial enhancement of these elements, as prescribed by local, regional, and state regulatory authorities. The proposed Tukwila South Area Annexation will advance the Growth Management Act goals which support local governance by municipal jurisdictions. The proposed Tukwila South Area Annexation is consistent with King County Comprehensive Plan /Countywide Policies and the Tukwila Comprehensive Plan Policies, including provisions relating to community growth, land use /development, service provision, public benefits, and mutual social and economic benefits. * ** The Board notes the fact that: the Tukwila South Area excludes .an adjacent residential community of approximately 50 acres (the "Island" Area) which is a part of the Tukwila South Potential Annexation Area. Under a Memorandum of Agreement between the City and King County, this "Island" Area will be proposed for annexation immediately following the completion of the presently proposed Tukwila South Notice of Intention. The future proposed "Island Area" annexation will further enhance the Tukwila South Area community and the surrounding existing City of Tukwila. King County officials support the annexation of the Tukwila South Area citing that this action would be consistent with state, regional and local guidelines. The County has indicated a preference for immediate annexation of urban areas to,provide uniform governance for citizens of,the Tukwila South Area. - 6 RCW 36.93.180 (2) USE OF PHYSICAL BOUNDARIES, INCLUDING BUT NOT LIMITED TO BODIES OF WATER, HIGHWAYS, AND LAND CONTOURS The Board finds that the proposed Tukwila South Area Annexation is contiguous to the southeastern border of the City of Tukwila. Other Tukwila South boundaries are formed by property lines, rights -of -way and corporate boundaries including the City of Tukwila, the City of Renton, and the City of SeaTac. • Although the Tukwila South Area has a rather unusual configuration, annexation of lands within this Area will address a substantial majority (259 acres /84 percent) of the Tukwila South Potential Annexation Area. This Area is specifically intended for annexation by Tukwila under the City of Tukwila Comprehensive Plan (approved by the State of Washington.) The portion of the Tukwila South Area — the "Island Area" (50 acres) that is excluded from the present Notice of Intention — will be proposed for annexation immediately following the completion of the presently proposed Tukwila South Notice of Intention under a Memorandum of Agreement between the City and King County. The Tukwila South Area annexation — at 259 acres with the proposed Memorandum' of Agreement to annex the "Island Area" (50 acres) may be determined to be consistent with the King County Comprehensive Plan as this action achieves progress toward incorporation of the greater unincorporated area in King County. Annexation of the Tukwila South Area — together with the pending annexation of the "Island Area" advances the planning goals established by the State Growth Management Act for providing local governance to unincorporated urban territories. RCW 36.93.180 (3) CREATION AND PRESERVATION OF LOGICAL SERVICE AREAS The Board finds that the Tukwila South Area Annexation would be consistent with Objective 3, which calls for creation of logical service areas. The City of Tukwila Comprehensive Plan (including the Land Use Plan, Comprehensive Sewer and Water Plans, Transportation. Element, Comprehensive Storm Water Management Plan) identifies the'City as the provider of services for the Tukwila South Area. Annexation of the Tukwila South Area into the City of Tukwila will advance the creation and preservation of logical service areas. The Tukwila South Annexation creates and preserves logical service areas by including a greater number of properties in the City's service area. Annexation of the Tukwila South Area will enable design and implementation of efficient, consistent, consolidated service programs throughout the greater community. The City can provide either directly or by contract for policing, fire protection, water, storm water control, sewers, parks, and other public facilities /amenities. More specifically: - The City of Tukwila will directly provide fire protection and emergency services. Services benefits and costs management have been designed based upon currently available municipal funding and future funding as projected in a fiscal analysis. The City will work with the City of SeaTac and the Angle Lake Fire Protection District No. 24 to achieve satisfactory transition of services. - The City of Tukwila will provide directly and /or by contract for water service, wastewater treatment, and for storm water management. The City will coordinate stormwater services in keeping with King County standards. Specific systems /facilities will be designed to address both the natural environment (e.g., basins, terrain) and the built environment (e.g., structures, roadways). - City parks, recreation facilities, libraries and other community services would be available to the citizens of the Tukwila South Area - Children would continue to attend schools in the Renton School District and Kent School District. - Roadways (including streets, storm drains, and other right of way features) are generally well - maintained. Improvements and /or new facilities will be funded by the City and /or La Pianta, LLC. 7 Funding is planned from various existing taxes and, fees as well as anticipated sources (e.g., grants, development impact fees) for anticipated routine maintenance and for future upgrades to facilities.. City officials have demonstrated that provision of public services to the Tukwila South Area would be considerably improved by placing -the Tukwila South Area — and immediately thereafter the "Island Area". — under a single municipal jurisdiction. Synchronized services and facilities (e.g.', emergency services, water service, storm water and surface water management systems, wastewater treatment) will promote protection of the built environment and the natural environment. • King County supports annexation of unincorporated urban areas like the Tukwila South Area to provide citizens with more effective, efficient governance. Countywide Planning policies encourage cities to annex (and provide services to) territory within their designated potential annexation area. Other policies establish cities as the appropriate units to govern, develop, and serve Urban Areas. The County lacks sufficient resources to manage land uses or serve properties in these urban areas. The State Growth Management Act identifies cities as the logical providers of local governance and urban services. RCW 36.93.180 (4) PREVENTION OF ABNORMALLY IRREGULAR BOUNDARIES The Board finds that the proposed boundaries of the Tukwila South Area are not geometric in form. Nevertheless, the proposed boundaries do provide reasonable regularity based upon the fact that the borders of the Tukwila South Area are generally consistent with the Tukwila Potential Annexation. Area. Similarly, the Tukwila South Area boundaries coincide with the established Urban Growth Area boundary and with the duly approved incorporated boundaries of the City of Tukwila. Further, under the King County Comprehensive Plan and the State Growth Management Act, the Tukwila South Area, as an unincorporated urban community, is encouraged to annex to a local jurisdiction. The Tukwila South Area, as an unincorporated community, does not benefit from effective governance. The Memorandum of Agreement providing for the immediate annexation of the "Island Area" following completion of the within annexation will achieve full compliance with Objective 4. • Therefore, the Board' finds that annexation of the Tukwila South Area to Tukwila is consistent with the intent of this criterion to, achieve the boundaries necessary to.facilitate:coordinated land uses and provide. for more effective, efficient services to the community. RCW 36.93.180 (5) DISCOURAGEMENT OF MULTIPLE INCORPORATIONS The Board finds that both the State Growth Management Act and the King County Comprehensive Plan encourage governance of urban areas by local jurisdictions. Annexation to achieve local governance is preferred over incorporation of new communities. Annexation of Tukwila South to the City of Tukwila would, therefore, be consistent with RCW 36.93.180 (5). RCW 36.93.180 (6) DISSOLUTION OF INACTIVE SPECIAL PURPOSE DISTRICTS RCW 36.93.180 (6) is not applicable to File No. 2304. RCW 36.93.180 (7) ADJUSTMENT OF IMPRACTICAL BOUNDARIES The Board finds that the proposed Tukwila South Area comprises a sizeable area of unincorporated land. Annexation of the Tukwila South Area to the City of Tukwila would create the more reasonable and practical boundaries that are necessary to achieve the preservation and coordinated governance of the community. More specifically, with annexation, the Tukwila South Area — including the proposed built environment and linked natural environment— will be placed under City jurisdiction, thereby advancing the creation of more practical boundaries for the effective local governance, directed planning activities (e.g., establishment .of uniform land uses and development standards); preservation of environmentally sensitive areas; and the provision of coordinated public facilities and services: 8 The Board's objective regarding practical boundaries will also be advanced by implementation of the Memorandum of Agreement providing for an immediately following annexation of the "Island Area" will achieve further compliance with Objective 7. , . • RCW 36.93.180 (8) INCORPORATION AS CITIES OR ANNEXATION TO CITIES OF UNINCORPORATED AREAS WHICH ARE URBAN IN CHARACTER The Board finds that annexation of the Tukwila South Area provides for the inclusion of.urban area within a municipality based upon the location of this territory within the Urban Growth Area established by the King County Comprehensive Plan. Further, he City of Tukwila Comprehensive Plan includes the Tukwila South Area in its Potential Annexation Area. The "Urban" designation established for the Tukwila South Area is also supported by the State Growth Management Act. Annexation of the Tukwila South Area into Tukwila will promote uniform governance, development, and services appropriate for this urban territory. Coordinated governance and services should immediately benefit Tukwila South Area property owners, government agencies, and citizen stakeholders. Further, implementation of the Memorandum of Agreement providing for an immediately following annexation of the "Island Area" will achieve full compliance with Objective 8. RCW 36.93.180 (9) PROTECTION OF AGRICULTURAL AND RURAL LANDS FOR LONG TERM PRODUCTIVE AGRICULTURAL/RESOURCE USE The Board finds that the RCW 36.93.180 (9) is not applicable to File No. 2304 as the Tukwila South Area lies in the Urban Growth Area as established for King County. The Area is zoned for Industrial Use rather than for agricultural or resource use. There is some existing functional agricultural use in the Area, but it is the zoning, rather than the use to which the land is devoted, that provides guidance for the addressing Objective 9. III: BOUNDARY REVIEW-BOARD FINDINGS AND DECISIONS. The Boundary Review Board conducted review and deliberation of File No. 2304 based.upon the record of written documents and oral testimony, in keeping with applicable state, regional and local regulations. The Board focused upon' RCW 36.93 (Boundary Review Board Enabling Act); RCW 36.70A (Growth Management Act); King County Comprehensive Plan /Countywide Policies; City of Tukwila Comprehensive Plans, RCW 35.13 (Annexation of Cities); and other relevant regulations and guidelines. As prescribed by statutory mandate, the Boundary Review Board considered the following options: • The Tukwila South Area Annexation could be approved as submitted by the City of Tukwila, if this action advances the provisions of RCW 36.93 and other applicable regulations (e.g., State Growth Management Act, King County Comprehensive Plan, Tukwila Comprehensive Plan). • The Tukwila South Area Annexation could be modified, if this action advances the provisions of RCW 36.93 and other applicable regulations (e.g., • State Growth Management Act, King County Comprehensive Plan, Tukwila Comprehensive Plan). • The Tukwila South Area Annexation could be denied in its entirety if annexation is found to be inconsistent with RCW 36.93 and other applicable regulations (e.g., Chapter 36.70A RCW, King County Comprehensive Plan, City of Tukwila Comprehensive Plan.) * ** The Board finds that the record for File No. 2304 is detailed and extensive. Affected parties have provided considerable materials supporting their positions. The Board reviewed the entire record to reach its decision for the proposed Tukwila South Area Annexation. The Board finds that the City of Tukwila's proposed annexation of the Tukwila South Area is consistent with the provisions of Chapter 36.93 RCW. 9 By way of example, but not limitation: • The Tukwila South Area Annexation addresses criteria established in RCW 36.93.170 with respect to population, territory, comprehensive planning, land uses, natural environment, service needs ,and. service capacity, and mutual social and economic needs. • Additionally, the proposed Tukwila. South Area was: evaluated according to the criteria established in RCW 36.93.180 as follows: RCW 36.93 TUKWILA SOUTH AREA (259 ACRES) OBJECTIVE 1 - PRESERVATION OF NATURAL NEIGHBORHOODS AND COMMUNITIES ADVANCES CRITERION AS ANNEXATION INCLUDES ALL PROPERTIES IN A NATURAL COMMUNITY OBJECTIVE 2 - USE OF PHYSICAL BOUNDARIES ADVANCES CRITERION AS IT IS CONSISTENT WITH ESTABLISHED COMPREHENSIVE PLAN BOUNDARIES OBJECTIVE 3 - CREATION AND PRESERVATION OF LOGICAL SERVICE AREAS ADVANCES CRITERION AS TUKWILA CAN SERVE ENTIRE AREA TO PROTECT PUBLIC WELFARE. OBJECTIVE 4 - PREVENTION OF ABNORMALLY IRREGULAR BOUNDARIES ADVANCES CRITERION AS REGULAR BOUNDARIES SUPPORT A UNIFIED COMMUNITY AND STREAMLINE SERVICE PROVISION OBJECTIVE 5 - DISCOURAGEMENT OF MULTIPLE INCORPORATIONS DOES NOT APPLY OBJECTIVE 6 - DISSOLUTION OF INACTIVE SPECIAL PURPOSE DISTRICTS DOES NOT APPLY OBJECTIVE 7 - ADJUSTMENT OF IMPRACTICAL BOUNDARIES ADVANCES CRITERION AS PRACTICAL BOUNDARIES ARE CREATED TO SUPPORT A UNIFIED COMMUNITY AND TO STREAMLINE SERVICE PROVISION OBJECTIVE 8 - INCORPORATION ...OR ANNEXATION TO CITIES .... OF UNINCORPORATED URBAN AREAS ADVANCES CRITERION AS THE ENTIRE DESIGNATED URBAN AREA IWILL BE INCORPORATED INTO A LOCAL JURISDICTION. OBJECTIVE 9 - PROTECTION OF AGRICULTURAL AND RURAL LANDS ... DOES NOT APPLY • State Growth Management Act (Chapter 36.70A RCW) policies call for logical and orderly growth. The Board finds that annexation of the Tukwila South Area advances the provisions of the RCW 36.70A by providing for effective local governance. • The King County Comprehensive Plan /Countywide Policies and the Tukwila Comprehensive Plan also contemplate logical and orderly growth of communities. These County and City plans support local governance to assure balanced, sound, cost - effective governance for this community. The Board finds that the proposed Tukwila South Area Annexation achieves the provisions of the King County Comprehensive Plan /Countywide Policies and the City of Tukwila Comprehensive Plan. Annexation of the Tukwila South Area would achieve the balance that the County and the City seek from annexation of urban areas into local communities. IV. CONCLUSION The Boundary Review Board finds that approval of the Tukwila South Area Annexation to the City of Tukwila advances the standards established in the Growth Management Act, King County Comprehensive Plan, the City of Tukwila's Comprehensive Plan, RCW 36.93, and other state and local guidelines for incorporation of urban areas. 10 The Boundary Review Board finds that approval of the City of Tukwila Notice of Intention to annex the Tukwila South Area is timely based upon the City of Tukwila's current and historical commitment to guide development and provide municipal services to this area The.Tukwila South Area Annexation will enable the City of Tukwila to provide a harmonious efficient plan for the governance of the built community, preservation of the environment; and protection of the public health and safety of the citizens. (Note: Under state law, the City of Tukwila must adopt an Ordinance or Resolution affirming the Tukwila South Area Annexation following action by the Boundary Review Board. Under state law, the City must confirm the action as approved by the Boundary Review Board. Alternatively, the Council may decide not to pursue the action. However, the City cannot modify the boundaries that have been approved by the Boundary Review Board.) 11 NOW, THEREFORE, BE IT RESOLVED BY THE WASHINGTON STATE BOUNDARY REVIEW BOARD FOR KING COUNTY THAT, for the above reasons, the action proposed in the Notice of Intention contained in said File No. 2304 be, and the same is, hereby approved as described in Exhibits attached hereto and incorporated herein by reference. ADOPTED BY SAID WASHINGTON STATE BOUNDARY REVIEW BOARD FOR KING COUNTY by a vote of g in favor , in opposition, and / abstentions, on this 12th day of November 2009,. and signed by, me in. authentication of its said adoption on said date. WASHINGTON STATE BOUNDARY REVIEW BOARD FOR KING COUNTY eAadze 11)1/<,.6/113_, Claudia Hirschey, Chair Claudia Hirschey, Chair FILED this /3 day of / itn. aM,. , 2009 BY: Lenora Blauman Executive Secretary 12 EXHIBITS EXHIBIT 1 CITY OF TUKWILA: TUKWILA SOUTH .AREA: LEGAL DESCRIPTION OF ANNEXATION AREA BOUNDARIES EXHIBIT 11 CITY OF TUKWILA: TUKWILA SOUTH AREA: MAP OF ANNEXATION AREA BOUNDARIES t. 13 City of Tukwila - ..�v•.r • GW OCT 2 3 2009 WA State Boundary Review Board For King Co. ;6200 Southcenter Boulevard • Tukwila,' Washington 98188 - Jim Haggerton, Mayor EXHIBIT I' October 22, 2009 Reginald'Holmes Washington State Boundary Review Board for King County 400'Yesler. \Tay, Rooin 240: Seattle, WA 98104 RE: Tukwila South Annexation Legal Description Dear Mr. Holmes: We have worked with King County representatives to revise the legal description for the Tukwila South Annexation that was submitted with our.Notice of Intention earlier this year. Below is the revised legal description for this annexation. Please substitute it for the previously submitted - legal :description. \'. "Those portions of Section 35, Township 23 North, Range:4 E. Willamette Meridian; Section 2, Township 22 North, Range 4 E. Willamette Meridian; and Section 3, Township 22 North, Range 4 E. Willamette Meridian, lying south of the City of Tukwila corporate limits as established by the City of Tukwila Ordinances 1125, 472, 269, and 696; East of the east right -of -way margin of Interstate Highway 5; East of the west right -of -way margin of Orillia Road South; North of the north right -of -way margin of South 204th Street and west of the City of Kent Ordinances 2114 and 2351; Together with: That_portion of South 204th Street lying north of and immediately adjacent to the north' line of-the*City of Kent corporate limits as established by City of Kent Ordinance 1727, and westerly of the thread of the Green River." Please contact Lisa Verner, our project manager for the Tukwila South Annexation, at 206 -431- 3662 or Iverner @ci.tukwila.wa.us if you have questions about the legal description or need additional information. Thank you. EXHIBIT I Phone: 206-433-1800 • City Hall Fax: 206 - 433 -1833 • www.ci.tukwila.wa.us EXHIBIT II VICINITY MAP TT 1 1/ /� ` • %)-41 1, , i/ / / /iii / / iiiiiiiiiu�... i/ _�imi FILE NO. 2304 - CITY OF TUKWILA - TUKWILA SOUTH ANNEXATION r. November 2, 2009 Washington State Boundary Review Board For King County Yesler Building, Room 240, 400 Yesler Way, Seattle, WA 98104 Phone: (206) 296 -6800 • Fax: (206) 296 -6803 • http: //www.kingcounty.gov /annexations City of Tukwila Attn: Lisa Verner, Tukwila South Project Manager 6300 Southcenter Blvd, Suite 100 Tukwila, WA 98188 Nov 0 31009 RE: NOTIFICATION OF OFFICIAL FILING File No. 2304 - City of Tukwila - Tukwila South Annexation Dear Ms. Verner: We have received approval from King County engineering staff of the:.legal description for The above - referenced .Notice ,,of Intention The Notice. of Intention is now considered complete and has been officially filed effective: November 2, 2009. You will be advised of any further changes in the status of the Notice before the Board.. Please be aware that any future final ordinance or resolution on the proposed action must incorporate the legal description approved by King County engineering staff, including any revisions made in response to the engineering staff review. Lenora Blauman Executive Secretary Atch: King County. Road Services. Division letter dated November 2, 2009 cc: ; Anne No, Clerk.of the Council (wto atch). ; Lydia . Reynolds- Jones, Manager, Project Support Services (w /o atch); FORM 12 King County Road Services Division Department of Transportation KSC -TR -0231 201 South Jackson Street Seattle, WA 98104 -3856 www.kingcounty.gov /roads November 2, 2009 Lenora Blauman Executive Secretary Boundary Review t k—im YES -BR -0240 RECEIVED NOV 2 - 2009 WA State Boundary kaviaw Board For King Co RE: City of Tukwila — Tukwila South Annexation (BRB File 2304) Dear Ms. Blauman: Thank you for the opportunity to review the revised legal description for the proposed Tukwila South Annexation to the City of Tukwila transmitted with your October 22, 2009 letter. Staff reviewed the enclosed revised legal description and found it satisfactory and complete. Please see my previous letter, dated September 2, 2009 for a detailed listing of King County Road Services Division's property research and findings. If you have any questions, please contact Nicole Keller, Vacations and Boundaries Engineer, at 206 - 296 -3731, or via e -mail at Nicole.Keller @kingcounty.gov. Sincerely, ydia Re Manager Project Support Services Ids-Jon LRJ:NK:mr Enclosures City of Tukwila 6200 Southcenter Boulevard • Tukwila, Washington 98188 Jim Haggerton, Mayor October 22, 2009 Reginald Holmes Washington State Boundary Review Board for King County 400 Yesler Way, Room 240 Seattle, WA 98104 RE: Tukwila South Annexation Legal Description Dear Mr. Holmes: We have worked with King County representatives to revise the legal description for the Tukwila South Annexation that was submitted with our Notice of Intention earlier this year. Below is the revised legal description for this annexation. Please substitute it for the previously submitted - legal description. "Those portions of Section 35, Township 23 North, Range 4 E. Willamette Meridian; Section 2, Township 22 North, Range 4 E. Willamette Meridian; and Section 3, Township 22 North, Range 4 E. Willamette Meridian, Tying south of the City of Tukwila corporate limits as established by the City of Tukwila Ordinances 1125, 472, 269, and 696; East of the east right -of -way margin of Interstate Highway 5; East of the west right -of -way margin of Orillia Road South; North of the north right -of -way margin of South 204th Street and west of the City of Kent Ordinances 2114 and 2351; Together with: That portion of South 204th Street lying north of and immediately adjacent to the north line of the City of Kent corporate limits as established by City of Kent Ordinance 1727, and westerly of the thread of the Green River." Please contact Lisa Verner, our project manager for the Tukwila South Annexation, at 206 -431- 3662 or Iverner @ci.tukwila.wa.us if you have questions about the legal description or need additional information. Thank you. Sincerely, im Haggert Mayor Phone: 206 - 433 -1800 • City Hall Fax 206 - 433 -1833 • www.ci.tukwila.wa.us • THE WASHINGTON STAJL BOUNDARY REVIEW BOARD FOR KING COUNTY • • SPECIAL MEETING /PUBLIC HEARING 7 :00 PM Tuesday, October 20, 2009 DDES Hearing Room 1000 Oakesdale Avenue SW Renton, WA AGENDA I. WITNESS SIGN IN - 6:30 PM It is from this list that witnesses are called to testify. II. CALL TO ORDER - 7:00 PM Claudia Hirschey, Chair III. ROLL CALL Robert Cook, Vice -Chair Van Anderson Charles Booth Sylvia Bushnell A.J. Culver Robert George Lynn Guttmann John Holman Roger Loschen Michael Marchand IV. FILE NO. 2304 — CITY OF TUKWILA — TUKWILA SOUTH ANNEXATION 6:30 PM Introduction of Exhibits 7:00 PM Introductory Comments on Hearing Procedures and Swearing in of Witnesses 7:15 PM Proponent: Presentation by City of Tukwila (20 minutes) AGENDA, October 20, 2009, Cont. Page Tzvo 7:35 PM Presentation by King County (20 minutes) 7:55 PM Government Jurisdictions (10 minutes) 8:05 PM General Testimony: Groups are limited to ten minutes and individuals have three minutes to speak Rebuttal: City of Tukwila (10 minutes) V. FILE NO. 2304 - City of Tukwila - Tukwila South Annexation, Board deliberation and direction to the Staff on Resolution and Hearing Decision VI. ADJOURNMENT BACKGROUND STATEMENT The Boundary Review Board The Boundary Review Board was created in 1967 by the legislature in part to "...provide a method of guiding and controlling the growth of municipalities..." (RCW 36.93.010). There are seventeen such boards in the State of Washington. The Board is a quasi - judicial, administrative body empowered to make decisions on such issues as incorporations, annexations, mergers, disincorporations, etc., by cities, towns, and sewer, water and fire districts. It can approve, deny, or modify a proposal. Board decisions are final unless appealed to the King County Superior Court. With an appeal the Court reviews the file, exhibits, transcript and the board decision, rather than conducting a new hearing. Board members are residents of the County and serve for four -year terms. They are not allowed to hold other local government offices or jobs. Their compensation is $50.00 per day for work on Board business. Members may not properly discuss proposals under their consideration outside of the public hearing (ex parte communications). Appearance of Fairness Doctrine In general, decision - makers such as Board members must not only be fair in their actions (i.e., have no conflicts of interest), but must also, to the ordinary citizen, appear to be free of any position or influence which would impair their ability to decide a case fairly. However, the State Supreme Court has held that if a person is of the opinion that a decision -maker is so impaired, that opinion must be stated at the first available opportunity. • • • • • • AGENDA, October 20, 2009, Cont. Page Three SUMMARY OF HEARING PROCEDURES Sign -in to Speak A roster will be found on the speaker's podium. Those who wish to testify must sign in before witnesses are sworn. All speakers will be called from this list. If you sign in once, it is not necessary to do so at any continuation of the hearing. Exhibits Please submit exhibits to staff for marking before the Call to Order. The Board must retain all exhibits until a decision is filed and the appeal period ends (ten days). Speakers Please state your name and address for the benefit of the Court Reporter prior to testifying. When referring to an exhibit, please state the exhibit letter. Time Limits If necessary, the Chair may employ a time limit of 3 minutes for individuals and 10 minutes for organized groups. Testimony The Boundary Review Board Act requires the consideration of certain factors (see RCW 36.93.170) and specifies objectives the Board must seek to accomplish (see RCW 36.93.180). Testimony and evidence related to these factors and objectives will be the most effective. Cross - Examination Witnesses generally may not question other witnesses or the Board. The Chair may allow cross - examination of expert witnesses under limited circumstances as described in the Board's Rules of Practice and Procedures. Rebuttal The rebuttal shall be limited to 10 minutes. Rebuttal must be prefaced by a citation of the disputed testimony. Rebuttal may not include closing statements, a summary, or any additional information, unless such information is in answer to questions and issues raised in previous testimony. AGENDA, October 20, 2009, Cont. Page Four TJ, ViCINITY MAP AC EXISTIN TUK ILA CITY LIM • i j . , ,..,...„„„„,„..,-,./ ./� SOUTH 204th KENTI DENOTES \\ \ ANNEXATION BOUNDARY DENOTES PAA BOUNDARY \ \ FILE NO. 2304 - CITY OF TUKWILA - TUKWILA SOUTH ANNEXATION •AGENDA, October 20, 2009, Cont. Page Five • • RCW 36.93.170 Factors to be considered by board -- Incorporation proceedings exempt from state environmental policy act. In reaching a decision on a proposal or an alternative, the board shall consider the factors affecting such proposal, which shall include, but not be limited to the following: (1) Population and territory; population density; land area and land uses; comprehensive plans and zoning, as adopted under chapter 35.63, 35A.63, or 36.70 RCW; comprehensive plans and development regulations adopted under chapter 36.70A RCW; applicable service agreements entered into under chapter 36.115 or 39.34 RCW; applicable interlocal annexation agreements between a county and its cities; per capita assessed valuation; topography, natural boundaries and drainage basins, proximity to other populated areas; the existence and preservation of prime agricultural soils and productive agricultural uses; the likelihood of significant growth in the area and in adjacent incorporated and unincorporated areas during the next ten years; location and most desirable future location of community facilities; (2) Municipal services; need for municipal services; effect of ordinances, governmental codes, regulations and resolutions on existing uses; present cost and adequacy of governmental services and controls in area; prospects of governmental services from other sources; probable future needs for such services and controls; probable effect of proposal or alternative on cost and adequacy of services and controls in area and adjacent area; the effect on the finances, debt structure, and contractual obligations and rights of all affected governmental units; and (3) The effect of the proposal or alternative on adjacent areas, on mutual economic and social interests, and on the local governmental structure of the county. The provisions of chapter 43.21C RCW, State Environmental Policy, shall not apply to incorporation proceedings covered by chapter 35.02 RCW. [1997 c 429 § 39; 1989 c 84 § 5; 1986 c 234 § 33; 1982 c 220 § 2; 1979 ex.s. c 142 § 1; 1967 c 189 § 17.] NOTES: Severability -- 1997 c 429: See note following RCW 36.70A.3201. Severability -- 1982 c 220: See note following RCW 36.93.100. Incorporation proceedings exempt from state environmental policy act: RCW 43.21C.220. RCW 36.93.180 Objectives of boundary review board. The decisions of the boundary review board shall attempt to achieve the following objectives: (1) Preservation of natural neighborhoods and communities; (2) Use of physical boundaries, including but not limited to bodies of water, highways, and land contours; (3) Creation and preservation of logical service areas; (4) Prevention of abnormally irregular boundaries; (5) Discouragement of multiple incorporations of small cities and encouragement of incorporation of cities in excess of ten thousand population in heavily populated urban areas; (6) Dissolution of inactive special purpose districts; (7) Adjustment of impractical boundaries; (8) Incorporation as cities or towns or annexation to cities or towns of unincorporated areas which are urban in character; and (9) Protection of agricultural and rural lands which are designated for long term productive agricultural and resource use by a comprehensive plan adopted by the county legislative authority. [1989 c 84 § 6; 1981 c 332 § 10; 1979 ex.s. c 142 § 2; 1967 c 189 § 18.] NOTES: Severability -- 1981 c 332: See note following RCW 35.13.165. been adopted by the authorities governing the territory to be annexed and in force at the time of the decision. [1967 c 189 § 19.] 9 WASHINGTON STATE BOUNDARY BOARD FOR KING COUNTY - MEMBERSHIP PROFILE: MEMBERS APPOINTED Name Sex Ethnicity KC Dist. Skill /Affiliation Date 1st Appt. Term Expires Term # Other Evangeline Anderson F Caucasian 6 Real Estate Agent 02/1/01 01/31/13 3 Appointed by Governor Charles Booth M Caucasian 7 Former Mayor of Auburn 02/01/03 01/31/11 2 Appointed by Cities of King County Sylvia Bushnell F African- American 5 Community Volunteer; Retired Businesswoman; 01/31/09 01/31/13 1 Appointed by K.C. Executive Robert Cook M Caucasian 8 Fire District Commissioner Business Owner 02/01/05 02/28/13 2 Special District A. J. Culver M Caucasian 9 Municipal League Member; Accountant 02/01/01 01/31/13 3 Appointed by Cities of King County Robert George M Caucasian 3 Retired Water District Commissioner 06/01/06 02/28/13 2 Special District Lynn Guttmann F Caucasian 2 Management Consultant 03/09/05 01/31/13 2 Appointed by K.C. Exec. Claudia Hirschey F Caucasian 9 Former Newcastle City Council Member; Transportation Planning Engineer 02/01/03 01/31/11 2 Appointed by Cities of King County John Holman M Caucasian 7 Retired as Captain of Port of Seattle Police Department; Community Volunteer 09/19/07 01/31/11 1 Appointed by K.C. Executive Roger Loschen M Caucasian 1, Former Lake Forest Park Council member and Mayor 3/30/99 1/31/11 3 Appointed by Governor. Michael Marchand M Caucasian 6 Executive Public Relations 01/01/03 1/31/13 3 Appointed by Governor Effective Date: January 2009 • AGENDA, October 20, Cont. Page Seven • • WASHINGTON STATE BOUNDARY REVIEW BOARD FOR KING COUNTY Evangeline Anderson Appointed by Governor (term expires 01/31/13) Real Estate Instructor, Renton Technical College - Real Estate Sales Person - Director of National Association of Realtors Bellevue resident Charles Booth Appointed by Mayors (term expires 01/31/11) Former Mayor of Auburn Retired Deputy Superintendent Auburn School District Suburban Cities Association Board Association of Washington Cities Board Washington State Municipal Research Council Auburn Resident Sylvia Bushnell - Appointed by King County Executive (term expires 01/31/13) - Retired Businesswoman - Former liaison to King County Records and Elections - Seattle (West Hill) Resident Robert Cook (Chair - Elect) Nominated by Special Districts (term expires 02/28/13) Former Official Special Purpose District Business Owner SeaTac resident A.J. Culver Appointed by Mayors (term expires 01/31/13) Retired from The Boeing Co. Previous Mayor of Issaquah Board, Harborview Medical Center - King County Elections Oversight Commission Bellevue Resident Robert George Appointed by Special Purpose Districts (term expires 02/28/13) Retired Sewer District Commissioner - Sammamish Resident Lynn Guttmann - Appointed by King County Executive (term expires 01/31/13) - Management Consultant Former Director of Municipal Public Works /Land Use Planning - Seattle Resident AGENDA, October 20, Cont. Page Eight Claudia Hirschey (Chair) Appointed by Mayors (term expires 01/31/11) Transportation Planner /Engineer Former Member Newcastle City Council Member Institute of Transportation Engineers Board Member YMCA Newcastle Resident John Holman Appointed by the King County Executive (term expires 01/31/11) Former Police Captain (Port of Seattle) Educator Auburn Resident Roger Loschen Appointed by Governor (term expires 01/31/11) Former Mayor and City Council Member, City of Lake Forest Park Former Member of Growth Management Planning Council Retired Public Relations Executive and Counselor Lake Forest Park resident Michael Marchand Appointed by Governor (term expires 01/31/13) Former Public Relations Officer for the Governor Microsoft — Health Solutions - Executive Director Bellevue resident Effective Date: January 2009 • • • • • BACKGROUND INFORMATION FILE NO. 2304 City of Tukwila - Tukwila South Annexation Tuesday, October 20, 2009 7:00 PM DDES Hearing Rooni 1000 Oakesdale Avenue SW Renton, WA 98057 -5112 1. This hearing is convened to receive the facts and evidence in connection with the Notice of Intention contained in File No. 2304. 2. The Notice of Intention was filed by the Washington State Boundary Review Board for King County effective: August 7, 2009 for the purpose of considering the proposed annexation to the City of Tukwila of an area known as "Tukwila South," all in King County, Washington. 3. A request for review was filed by the City Tukwila and received by the Boundary Review Board at their Regular Meeting of September 10, 2009. It was established by Resolution of the Board that the required public hearing be conducted on Tuesday, October 20, 2009 at the DDES Hearing Room, Renton, WA. 4. Notice of said hearing was delivered by hand or sent by certified mail to the following: The Honorable Metropolitan King County Councilmember Dow Constantine The Honorable Metropolitan King County Councilmember Larry Gossett The Honorable Metropolitan King County Councilmember Julia Patterson Ms. Anne Noris, Clerk of the Council Ms. Lydia Reynolds, Department of Transportation, Road Services Division Ms. Kaaren Kane, Department of Assessments Ms. Gwen Clemens, Office of Strategic Planning & Performance Management (OSPPM) Mr. Paul Reitenbach, Department of Development and Environmental Services Ms. Paula Adams, Department of Development and Environmental Services Mr. Dave Monthie, Department of Natural Resources Mr. Dave Wilson, Elections Division Cities: Kent, Renton and SeaTac Districts: Skyway /Bryn Mawr /Lakeridge (No. 20), Angle Lake District (24): Highline Water District and King County Water District No 125 and Valley View Sewer District and Renton School District No. 403 and Kent School District No. 415 AND PUBLISHED in the Seattle Times, the official newspaper of Metropolitan King County, once on Saturday, September 19, 2009 and once in the Renton Reporter on Friday, September 18, 2009 and once only in the Kent Reporter on Saturday, September 19, 2009 newspapers of general circulation in the area. AND posted at fifteen (15) locations at or in the vicinity of the site on October 13, 2009. • • • LAW OFFICES Gierke, Curwen, Dynan & Jones, P.S. GREGORY B. CURWEN 2 MARK J. DYNAN CLARENCE C. JONES, JR. MARK W. CONFORTI 5 ELIZABETH C. THOMPSON 13,6 ROBERT L. BOWMAN' CHRISTI C. GOELLER KIMBERLY J. COX TACOMA OFFICE 2102 NORTH PEARL STREET SUITE 400, BUILDING D TACOMA, WA 98406 -2550 253 - 752 - 1600/253- 383 -3761 TOLL FREE: 877 - 797 -1600 FACSIMILE: 253 - 752 -1666 Commissioners King County Boundary Review Board 400 Yesler Way Seattle, WA 98104 SEATTLE OFFICE WELLS FARGO CENTER 999 THIRD AVENUE SUITE 2525 SEATTLE, WA 98104 -4089 TOLL FREE: 877 - 797 -1600 FACSIMILE: 253 - 752 -1666 REPLY TO: TACOMA OFFICE October 7, 2009 Cks 1207 CAB tape ?009 papa e'(, I M. GIERKE �I R•7111195) HUGO METZLER, JR. (1911 -1995) 'Also admitted in the District of Columbia 2AIso admitted in Georgia 'Also admitted in Hawaii `Also admitted in Illinois 5AIso admitted in Maryland Also admitted in Oregon 'Also admitted in Minnesota Re: Tukwila South Project Annexation (259 Acres) First Bonding Special District: King County Fire Protection District #24 Date of Hearing: . 10/20/09 Our File No.: 09 -5675 Dear Boundary Review Board Commissioners: Our firm represents King County Fire Protection District #24 (KCFD #24) with regard to the proposed annexation of approximately 74 percent of the Fire District's current area located in unincorporated King County adjacent to the current municipal boundaries for the City of Tukwila, known as the Tukwila South Project Annexation. KCFD #24 has significant concerns about the fire service levels to the remaining 26 percent of the fire district that will not be part of this annexation. As an involved special district operating pursuant to the provisions of RCW 52.14, the Fire District is offering this memorandum to raise awareness of issues that would be impacted by Tukwila's annexation of a significant portion of the Fire District. I. Background Facts KCFD #24 since its creation has had the mission of providing fire services to an area that is now the city of SeaTac, as well as areas that continue to remain unincorporated at the confluence of Kent, SeaTac, Tukwila, and Renton. In the early 1980's driven by a number of factors the city of SeaTac elected to incorporate and became a city in February of 1990. When the incorporation was ultimately approved by voters, about 2% of the former area of KCFD #24 was left outside any incorporated area. In order to continue collecting property tax revenue, and finish paying a district bond issue, it was required that a new Board of Fire Commissioners be created in the reduced area, and all the work of the commission had to be carried on in the same manner as before, except for the physical delivery of service. As a result, a corresponding 98% of KCFD #24's assets and all Boundary Review Board October 7, 2009 Page 2 employees were removed, and the city of SeaTac agreed pursuant to a 1991 Interlocal Agreement (Exhibit A) to take over the fire service operations. This contract was developed to provide for the continuation of Fire and EMS services to the remaining Fire District #24 area and remains in effect today. The currently proposed Tukwila South annexation will only annex a portion, approximately 74 percent, of what is now KCFD #24, leaving the remaining 26 percent unincorporated. This remaining 26 percent is located on a steep hillside west of Orillia Road and creates unique and difficult firefighting challenges. Prior to its annexation to SeaTac in the early 1990's when KCFD #24 provided physical firefighting services, KCFD #24 utilized specialized equipment, specifically to fight fires in this area. However, when the earlier annexation to SeaTac occurred all of these assets were transferred to SeaTac, which eventually chose to sell this specialized equipment rather than maintaining it for this specialized locale outside the city limits. As the elimination of this specialized equipment had a significant impact on the potential response times to this area, KCFD #24 began to budget for additional hydrants on Orillia Road which would somewhat make up this service degradation. However, with this anticipated annexation it is unclear if this will occur. II. Potential Impacts of Annexation On June 8, 2009 the KCFD #24 submitted a letter to the Tukwila City Council addressing multiple issues that would be created or potentially arise with the impending annexation. (Exhibit B). In response Lisa Verner, project manager for the Tukwila South Annexation published an Informational Memorandum in an attempt to address KCFD #24's concerns (Exhibit C). While the city's response made an attempt to address these concerns, the following are several major issues related to fire service created by the annexation which KCFPD #24 believes have yet to be adequately addressed: a) Lack of funding /commitment to install necessary hydrants Legally upon annexation, Tukwila will be entitled to a major portion of the KCFD #24 reserve funds; however, the effect of this transfer will likely ensure that this identified critical fire service issue will not be addressed. The annexation will significantly draw down Fire District #24 assets, which were set aside for improving future response time and /or access to fire hydrants. It is KCFD #24's position that at least two fire hydrants should be installed on the west side of Orillia Road to provide minimal acceptable service to the above properties, to reduce response time, to place water on a fire, and to prevent the emergency closure of Orillia Road by extending hose supply lines from existing hydrants on the east side of Orillia Road. In an effort to eliminate this potential issue, KCFD #24 asked for and received a bid from a qualified contractor to install two fire hydrants on the west side of Orillia Road. Green River Construction Co., Inc. has installed multiple hydrants such as those needed in this situation and has provided a bid of $87,200 to perform this work (Exhibit D). Given the city of Tukwila's lack of commitment to install these hydrants, KCFD #24 requests that $87,200 be held back from the reserve transfer to be utilized to complete this project. • • • e T Boundary Review Board October 7, 2009 Page 3 • • • b) Effect on 1991 Interlocal Agreement between KCFD #24 and SeaTac The net result of the proposed annexation to the remaining KCFD #24 residents in a small district without an adequate tax base and reserve fund will jeopardize KCFD #24's ability to pay SeaTac for fire and EMS services for these remaining residents. With a significant drawdown of the tax base there is no guarantee that the city of SeaTac will not seek to alter or even terminate its commitment to provide fire service to the area remaining after the proposed annexation. KCFPD #24 is contractually obligated to reimburse the City of SeaTac for certain fire and EMS services substantially west of the current annexation boundary. With insufficient expense funds, it would be unable to fulfill its contractual responsibility to the City of SeaTac to fund the proportionate cost of fire and EMS service to this remaining portion of the District not impacted by the annexation. The reserve funds have been set aside for capital needs such as a small station, or the above mentioned fire hydrants. The expense fund holds all the taxes collected in current years for current operating expenses. To date the city of Tukwila has taken the position that they are not a party to this contractual agreement and have no desire to intervene. This stance attempts to avoid any involvement for a potential public interest fire safety issue directly created by the annexation. If SeaTac were to attempt to break this agreement due to the significant financial impact created by the annexation, would Tukwila commit to providing services to this area? If so, has the city of Tukwila considered its response times to this area and whether it has the firefighting equipment to service this difficult terrain? Further, can Tukwila maintain the present 4 minute EMS and 5 minute fire response times to these residents? III. BRB Authority and Compliance with Notice of Intention Format RCW 36.93.010 provides that the purpose of Boundary Review Boards is to manage problems that "arise from rapid proliferation of municipalities and haphazard extension of and competition to extend municipal boundaries." The statute further states that "these problems affect adversely the quality and cost of municipal services furnished, the financial integrity of certain municipalities..." This statute provides the core purpose of the Boundary Review Board as being the organization to manage "the big picture" issues and ensure that annexation projects such as this address the concerns of all affected stakeholders. The stakeholders include groups and individuals that may not be located within the boundaries of the area to be annexed, but are nonetheless affected by it. To ensure that these issues are adequately addressed, RCW 36.93.130 provides a basic outline of factors to be included in a Notice of Intention which touches on multiple elements involved in the annexation process (These elements are specifically addressed in RCW 36.93.170). The King County BRB has refined the requirements of RCW 36.93.130 and provided a much more specific format in this Notice of Intention, as adopted in March 2009, ensuring adequate discussion of all pertinent issues. For example, section (III) Evaluation Criteria of King County's Notice of Intention format under part (F) Services requires the annexing party to thoroughly address whether and how the proposed action would result in a change of services. Boundary Review Board October 7, 2009 Page 4 Further there is a specific section addressing fire services, which asks for: 3. Fire Service a) Directly or by contract? b) Nearest station(s) c) Response time? d) Are they fully manned? How many full time personnel? e) Major equipment at station location (including type and number of emergency vehicles)? f) How many fully certified EMT/D -Fib personnel do you have? g) Which rating applies? h) Source of Dispatch? A cursory review of the City of Tukwila's Notice of Intention filed August 7, 2009 with the Boundary Review Board highlights the lack of attention that the city is devoting to this significant issue. In the submitted document on page 13 of 16, F. Services: "Fire Service- The City of Tukwila will provide fire and emergency services upon annexation. Fire District #24 will no longer provide service." Despite the requirement, there is no discussion of each of the required bullet points as outlined in the King County Notice of Intention format. Further, although KCFD #24 directly outlined multiple issues of concern related to the annexation, the city leaves them largely unanswered. IV. Recommendations It should be noted that primary purpose of this submission from KCFD # 24 is not stall or block this potential annexation, but to mitigate any impacts, created by the annexation, on residents /landowners of the fire district, who will be remaining in the smaller unincorporated area after the annexation. This annexation will undoubtedly be financially rewarding to the city of Tukwila, but these interests should not completely overshadow the interests of those residents and constituents within KCFD #24 omitted from this annexation. For this reason KCFD #24 respectfully requests that prior to approving this annexation plan, the BRB ensure the following actions are complete: 1) Installation or set -aside funding from the current KCFD #24 Reserves to install two fire hydrants west of Orillia Road 4 • • • • Boundary Review Board October 7, 2009 Page 5 2) A signed memorandum of understanding between the city of SeaTac and the city of Tukwila addressing the fire service needs of the portion of KCFD #24 that is not annexed to ensure no degradation of service as well as a commitment to honor the 1991 Interlocal agreement. Very truly yours/ MARK J. DYNAN MJD:rb /kab Enclosures cc: Chief James Adsley, Ret. KCFPD #24 Investment Officer /Contract Administrator Chris Bauer, Commissioner, KCFPD #24 . Alicia B. Pittinger, Commissioner, KCFPD #24 Violet Bauer, Commissioner, KCFPD #24 Attachments: Exhibit A: 1991 Interlocal Agreement between KCFD #24 and SeaTac Exhibit B: KCFD #24 letter to the Tukwila City Council Exhibit C: Informational Memorandum from City of Tukwila Exhibit D: Bid from Green River Construction Co., Inc. for additional Hydrants 4 -2C -2001 1:17PM FRO' 1DSLEY /ASSDC. 3607302145 iv • • INTERLOCAL AGREEMENT FOR ? B AND EMERGENCY MEDICAL SERVICES AND ANCILLARY OPERATIONS =rum= TILE CITY OF SEATAC AND ICING COUNTY FIRE PROTECTION DISTRICT 124 THE FOLLOWING INTERI.00AL ADREEMEWI' between the City of SeaTac, a Axunlrlpal corporation of the State of Washington, hereinafter referred to as the "City," and King County Flre Protection District #24; a political subdivision of the State of W'ashingtan, hereinafter referred to as the "Fire District." • WHEREAS a petition sited by a majortty of the persons residing in that area covered by Fire District #24 that was not incorporated into the City of SeaTac have petitioned the City to assume responsibility for the provision of fire protection. fire prevention, and emergency medical services and those additional services provided by the 8ce l e Municipal Fire Department to the residents of the City of SeaTac, all pursuant to RCW 35.A.14.380; and. WHEREAS the City desires to provide those types of services to the residents. of the Fire District and has acquired ownership of the assets of the Fne District by operation of law pursuant 'to RCW 35A.14.380: NOW, THEREFORE, the City and the Fire District agree as follows: A. The City contracts with the-Fire District to .provide fire protection. fire . prevention, and emergency medical services to the Fire District, which is located adjacent to the City boundaries as previously serviced and provided by the Fire District. B TT is Agree neut is entered into by the City undies* the authority of RCW 35A.U.044 and by the.Fire District under the authority of RCW 52.12.031, and collectively under the authority of RCW 39.34, the Intcrlocal Cooperation Act. C. , It Is the purpose of this Agreement to provide the terms and conditions under which the City wQl provide firs,proteetion, fire prevention. and emergency medical cervices to the Fire District and to otherwise provide for the continued .opesatlons of the Fire District. To carry out the purposes of this Agreement and in consideration of the benefits to be received by both the City and the .Fin District. it is agreed as follows: I, Hasa Level $ezVilses: The City will provide to the Fire District fire protection, fire prevention. and. emergency medical services to the above mentioned territory within the boundaries of the Fire District beginning January 1, 1991 in the same general manner and at the same level of perv.ioes ati.thst provided within the City of SeaTac, and at least at the ke1i-ssad manner alit`, ly provided by the Fine District. The City will provide the same level of Sefv 'tp the Ptre District with regard to emergency be es. computer -aided dispatch aetvioe. and finite educat - 4 -20 -2001 1:18PM FRC ADSLEY/ASSOC. 3607302145 P.3 Interlocal Agreement Rage 2 2. Effective Date and Term: This Agreement is effective January 1. 1991, although subsequently executed by the parties. and shall continue for a period of one year. The Agreement shall renew automatically from year to year unless termination is requested as provided for in Section 15. 3. Payment by The District T Fire District agrees. to .pay cornpensation.,to the City on a soni-annual basis with ally percent paid in June and ftfty permit paid in December. The amount of payment shall equal the total amount r ce:tved by the Fire District from its statutory Ievy less the annul coat required to maintain the Pare District legislative ope ratbu (see. Attachment A). Any unexpended operating levy funds shall be paid mutually to the City. 4. Indemnification: The City will protect defend, indemnify and save harmless the Fizz District, its cousnlssioaers, employees and agents from any and_ all costs. claims, judgments, awards of damages; or loss mulling from the negligent acts or onions of the City, its officers, employees or agents in carrying out this Agreement. The Fire District will protect, defend, indemnify and save harmless the City, its council. employees and agents from any and all costs. claims, judgments, awards of damages, or loss resulting from the negligent acts or omissions of the Fire District, its ofilcers, its commission or. agents- in carryh'ig out this Agreement. 5. Cott raet Administration: The City and the Fire District shall each appoint and designate a contract administrator te} review contract performance and policy l,*ue s. Each party shall notify the other in writing of its contract administrator. The contract administrators shall meet only as necessary. but at lit cmoo+e saaualiy. Either party is authorized to call a meeting of. the contract adratoistrators with ten (10) days written notice to the other. The contract administrators will annually review the benefits and casts of .services provided as a result of this Agreement. 6. insurance Coverage: The Fire District eyes to pay the costs of providing . errors and oanissies liability► insurance coverage for the Viers. The District agrees to obtain and provide compre:henatve general liability Insurance Coverage and name the City as an additional insured :fax Mobility insurance purposes through June, 1991. The District further agrees to provide prupexty and casualty .tzisurance coverage for equipment and vehicles. and assets acquired by the City. from the Fire District. The above insurance coverage Shall ecdst until June, 1991, The mariner of total insurance coverage and payment for the future will be determined prior to policy termination at the end ofJune, 1991. In the event the City assumes independent insurance coverage. the City agrees to name the Fire District as an addttional insured, Y • • • 4 --2e -2001 1:19PM FRC ADSLEY /ASSOC. 3607302145 InterIocal Agreement Page 3 7. Fire District Use of City Facilities: The City agrees to make available fa ucs, cqui ent. and reasonable staff support to the The District to permit the Fire District to conduct tts resnaiaing business and to ;elm the Fire District driers to meet as required ter law, 9, 1Yansfer of Samploreeas hi keeping v+1th RCW 35:13,215, all employees of King County Fire District 124 have bee= notified d`ofticial termination as of December 31, 1990. In keeping with RCW 35.13.235. all Fire District employees have been notified of their right to transfer employment to the City of 8eaTae, In keeping with RCW 35.13.225. a]I union and non -union employees of' Fire District #24 have notified the Fire District of their intern to transfer employment to the City of.3eaTac and have notiflcd the City Civil Service Commission of their desire to transfer employment to the City, It is acknowledged that all Fire District 124 employees (as identified on Attachment HI have been offered employment by the City. 9. ,. Bond Fund Indebtedness: The District agrees to let Xing County continue collecting taxes for repayment al' the bond debt approved by the voters of King County Fire District 124, including the terr'ttoiy row eooarpoinated tato the City of SeaThc. The revenue collected for this purpose will be invested by the Fite Maria. All residual principal and interest will remain in the bond fund for purposes of retiring the bond debt 10. Cash Carryover Funds: The parties agree that any cash carryover finds transferred by the Pure Diatiict to the City should be used on Fire Department capttal needs since the incurs were initially generated from tire protection taxation. 11. Reserve Fund: In keeping with RCW 35A. 14.380, the City will pay the District *83.553.80 in assets whir,h shall be deposited by the Fire District to a reserve fund. This shall be the entire asset required to allow the :teina1nder of the assets to be vested In the City. 12. Expense rand: The District shall manatam an expense fund for the purpose of paying outstanding invoices and obligations Incurred by the Fine District prior to January 1, 1111, and to pay offing expenses of the rematning . Fire Dietrfci after January 1. 1991. Outstarediug obligations approved prior to January 1, 1991, by the commission are as identified in Attachment C. 13. Capital Improvement Fund: This fund includes residual .bond :monies- These funds should be used for the cosnpltriorr of the Station II remodel and/or the finishing of the Station I parking lot sinew these . stems were precluded on the ballot title. 14. 1990 Annual 'Report: The City agrees to prepare it eozaplete annual report or fire protections acttvtty and to specifically include a special report relative to activity In and P. 4 4-20r-2001 1 19pM FRC \DSLEY/ASSOC. 36073212145 P. 5 • • ••.- Interloc al Agreement Page 4 protection provided to the Fire District, the area that remains outside the City. The 1990 annual repeat shall be considered by the parties of this agreement for the Purpose of establishing a base line for Mine levels of service. 15. Termination Framer. In keeping with RCW 3EA-14.380, the Fire Protection District elects by a unifortty vote of the persons residing outside the inepOrated area to requite The Ctty of SeaTue to continue providing Ike services to the Fire District. Selviees frOUL this Agreement may be terrainaind on/y after an eiection or petition by the voters of the Fire District in terminate the the and emergency medical sexvixes provided by the City, or by the voters or landowners ta the Fire District requesting annexation into the City. which would have the efrect of dissolving the Fire District. 16. Amendments Thia Agreeintrit C11.12 be amended or modified at auy time during the course of this .Agreernent with the written consent of the parties. 17, Entire Agreement/Waver of Defeat: The parties agree that this Agreement is a complete expression of the terms hereof and any oral representations or understandings not incorporated herem are excluded_ Waiver or breach of ow provision of this Agreement shall not be deemed to be a waiver of any other or subsequent breach and shall not be construed .to be a modification of the terms of the Agreement unless stated to bc such through written Intexiocal Agreement approval by the parties. Waiver of any Default shall not be deemed or construed to be a waiver of any subsequent Default 18. Not1ees: Any notice given pursuant to this Agreement stall be delivered by depositing the scone .h2 the custody of the United States Postal Service, certified mail, return rvctiPt requtsted. postage PrePsid, addressed as follows: City of SeaTac: Fire District 024: City Manager 19215 - 28th Avenue South searac, WA 98188 Chairperson of The Board af Commissioners King County Fire Protection District #24 4417 South 200th Street Kent, WA 98032 19, Time is of Easence: Both 02e Ctty and the Fire District recognize that time is of the essence In the performance of the provisions of this Agreement. 20. Severability: If any provision of this Agreement or tts application is held invalid for any reason, the remainder of this Agreement or the application. of the remainder of the .Agreement shall not be affected. • • • 4- 20-2001 1 :20PM FRC' ODSLEY /ASSCC. 3607302145 P.6 ti Interlocal Agreement Page 5 21. Arbitration of Disputer. It any disputes we out of the performance or won of this .Agreement. any sash disputes shall be submitted to mandatory arbitration as provided to RCW 7.04. Any such disputes shat be resolved by a panel of three (3) disinterested arbitrators. Each party shall bear the cost of selecting its own arbitrator, and one -half the cost or the neutral arbitrator. In the event the parties are unable to agree upon the selection of a third neutral arbitrator. the selection shall be made by the Presiding Judge of King County Superior Court. The dedision of the majority of the arbitrators shall be anal and binding upon the parties except as provided for in RCW 7.04.160, Venue of any arbitration proceeding shall lie In Ktng County, Washington. 22. alppiicable Law This Agreement Shall be governed by and construed in • accordance with the laws of the State. of Washington. - - ' 7/ Approved as to Farm; (7.) 2 r. 'Ctty Attorney Commissioner. KCF'PD *24 • • LAW OFFICES Gierke, Curwen, Dynan & Jones, P.S. TACOMA OFFICE 2102 NORTH PEARL STREET SUITE 400, BUILDING D TACOMA, WA 98406 -2550 253 - 752 -1600 / 253- 383 -3761 TOLL FREE: 877- 797 -1600 FACSIMILE: 253 -752 -1666 GREGORY B. CURWEN 2 MARK J. DYNAN CLARENCE C. JONES, JR. MARK W. CONFORTI 5 ELIZABETH C. THOMPSON'•''5 ROBERT L. BOWMAN' CHRISTI C. GOELLER KIMBERLY J. COX MATHEW D. MARINELLI ° Christy O'Flaherty, CMC City Clerk City of Tukwila 6200 Southcenter Blvd. Tukwila, WA 98188 SEATTLE OFFICE WELLS FARGO CENTER 999 THIRD AVENUE SUITE 2525 SEATTLE, WA 98104 -4089 TOLL FREE: 877 - 797 -1600 FACSIMILE: 253 - 752 -1666 REPLY TO: TACOMA OFFICE June 8, 2009 vt.i VED JUN 0 8 2009 CITY OF TUKWILA CITY CLERK Re: Tukwila South Project Annexation First Bonding Special District: Date of Hearing: Our File No•: I Ij f!4 (.1 COr•. DE\E.:•. i BRADFORD M. GIERKE (1937 -1995) HUGO METZLER, JR. (1911 -1995) 'Also admitted in the District of Columbia 'Also admitted in Georgia 'Also admitted in Hawaii 'Also admitted in Illinois 5AIso admitted in Maryland °Also admitted in Oregon 'Also admitted In Minnesota °Also admitted in California Lisa Verner Tukwila South Project Manager City of Tukwila 6200 Southcenter Blvd. Tukwila, WA 98188 (259 Acres) King County Fire Protection District #24 6/8/09 09 -5675 Dear Clerk O'Flaherty, Ms. Verner, and Members of the Tukwila City Council: Our firm represents King County Fire Protection District #24 with regard to the proposed annexation of approximately 74 percent of the Fire District's current area located in unincorporated King County adjacent to the current municipal boundaries for the City of Tukwila. As an involved special district operating pursuant to the provisions of RCW 52A4, the Fire District wishes to raise issues that would be impacted by Tukwila's annexation of substantially all of the Fire District. It does not appear from the City's Land Use File that the City of Tukwila ever sent a copy of their revised annexation plan to KCFPD #24, even though the District responded to Tukwila's first EIS Statement in 2005. The City's first version of the EIS did not include the Fire District's comments or remarks. The City of SeaTac is the only jurisdiction with statutory responsibility to provide continued and ongoing fire and EMS services to the District as a result of its incorporation of approximately 98 percent of the original Fire District's territory. That contract calls for all residual funds at the end of each budget year to go to the City of SeaTac to fund the District's proportionate cost of fire and EMS service within the Fire District. Because it still has taxing authority, the District pays for regular commissioner meetings as required by law for public access, county elections, liability insurance, potential legal expenses, required state audits, advertising, annual taxes, and budget meetings. This typically results in only a nominal residual left for the City of SeaTac. The Fire District is, however, contractually obligated to pay this sum to the City of )Ccc,g_.-red CoG(fvc, L "C`i()fli \.'1-j A01-01 ) f}-0-0fd° 'ffrb C2'17 Christy O'Flaherty, CMC Lisa Vemer June 8, 2009 Page 2 SeaTac. Following the proposed Tukwila South Annexation, the Fire District will have essentially the same costs but only 25 percent of the revenue that currently exists. The City and the annexing developer have requested that the Boundary Review Board remove an area including the proposed annexation area east of Orillia Road, a major arterial and natural boundary, as well as a residual area west of the arterial. This will produce fire and EMS service impacts. Those impacts will become even more acute when 74 percent of the revenue is removed from Fire District #24 for providing services to the remaining residential area on the steep hillside west of Orillia Road. The cost to provide the necessary infrastructure to contract for services from the City of SeaTac for this area will remain essentially the same. Furthermore, the topography of an even smaller island left due to the proposed developer - driven annexation creates unique circumstances which are exacerbated by the lack of fire hydrants on the west side of Orillia Road. The grades to some properties limit the type of fire equipment apparatus which may be deployed to a fire, and the lack of hydrants within standard distances further complicate fire operations. Additionally, the topographical issues create a greater than normal concern for fire and EMS response time, which has progressively gotten worse over the last few years. While these conditions currently exist, it will become even more difficult to fund the required minimal fire and EMS services and to correct some of the fire support deficiencies due to the significant reduction in levy capacity and the loss of reserves designed to accomplish these functions. The annexation will significantly draw down Fire District #24 assets, which were set aside for improving future response time and/or access to fire hydrants. It is the District's position that fire hydrants should be installed on the west side of Orillia Road to provide minimal acceptable service to the above properties, to reduce response time, to place water on a fire, and to prevent the shutting down of Orillia Road by extending hose supply lines from existing hydrants on the east side of Orillia Road. This will be particularly true for any fire department response coming from Tukwila Fire Services. The following are the specific concerns which KCFPD #24 wishes the City of Tukwila to address, which have not been otherwise addressed by the City's earlier materials and EIS on this annexation project: 1. Tukwila will ultimately receive a major portion of the District #24 reserve as a result of the transfer of a like portion of the District's assessed value. Will the City of Tukwila use those funds to provide two hydrants on the west side of Orillia Road, which will result in all properties being within 1000 feet of a fire hydrant, which is standard spacing in typical residential neighborhoods? 2. Currently, Orillia Road between the proposed annexation area and the remaining unincorporated area of District #24 is a heavily traveled and important commercial route between the airport and valley industry, and is located in the County. Will fire and EMS Services be assumed by Tukwila for this section of the arterial? If not, who 22 • Christy O'Flaherty, CMC Lisa Verner June 8, 2009 Page 3 then will be responsible for emergency services, and the municipal liability for lack of timely fire and EMS services in this section? For any of the portion of KCFPD #24 covered by the proposed Tukwila South Annexation Project, will the Tukwila Fire Department provide a minimum of Class Three fire and EMS service following the annexation? 3. How will the City of Tukwila address the KCFPD #24's financial contractual obligation to the City of SeaTac for payment of services to SeaTac if Tukwila annexes 75 percent of the tax base? KCFPD #24 is contractually obligated to reimburse the City of SeaTac for certain fire and EMS services substantially west of the current annexation boundary. With insufficient expense funds, it would be unable to fulfill its contractual responsibility to the City of SeaTac to fund the proportionate cost of fire and EMS service to this remaining portion of the District not impacted by the annexation. The reserve funds have been set aside for capital needs such as a small station, or the above mentioned fire hydrants. The expense fund holds all the taxes collected in current years for current operating expenses. 4. Most of the District #24 expense fund is necessary to provide the legal infrastructure fire district. Even if Tukwila agrees to provide fire/EMS service, there • would still be a need for the expense fund taxes at relatively the same amount to to operate the support the required minimal activity of the District to legally collect taxes and contract for fire/EMS service, and to protect the citizens' interest from potential litigation. Without adequate funding, KCFPD #24 would be unable to legally operate and to fulfill its legal obligation to assess and collect taxes with a three- person commission if substantially all of the tax revenue generated is removed to the City of Tukwila with no commensurate fire and EMS service available to certain District residents. 5. FEMA has suggested an increased flood plain. While this has not yet been resolved, some agencies in the region believe that the flood zone should be increased, commensurate with the formula used on the Larger, east side of the Green River. The Corps of Engineers have stated various river levees, including some of those in the vicinity of this proposal, are weak; and last January the Corps of Engineers allowed additional flooding in the Pacific area as a result of a breach in an area adjacent to the Howard Hansen Dam. The Corps has not yet clarified when that will be repaired but has stated that until it is, there is likelihood that many areas, which have previously been protected by the river levees, may see flooding. As a result of these concerns, some jurisdictions have placed a moratorium on construction until these engineering decisions have been resolved. Has Tukwila considered the potential for interruption of fire and EMS services to the annexed and adjacent areas such as Orillia Road and Fire District #24 should failures of some sort occur in the horseshoe bend or adjacent areas under such a circumstance? The City also has potential interruption of service due to train activity from the south fire station at present. • 23 Christy O'Flaherty, CMC Lisa Verner June 8, 2009 Page 4 6. Does the City of Tukwila have in place a pre - existing agreement with the City of SeaTac to respond to the areas of District #24 within and outside the proposed annexation area? If so, has the City of Tukwila determined if the City's apparatus can navigate the steep, narrow drives leading to the homes west of Orillia Road located on the steep hillside, with some areas of restrictive points of departure? Will the City of Tukwila Fire Department be able to provide appropriate 4 minute EMS and 5 minute fire response times to that portion of KCFPD 424's current residents who are planned to be covered by the annexation area or who fall just outside of that area and are not otherwise adequately served by the City of SeaTac? 7. Has the City of Tukwila addressed the issue of emergency closure of Orillia Road to provide access to existing fire hydrants on South 200th Street when a residential fire occurs on the west side of Orillia Road? Has Tukwila considered the lack of adequate fire hydrants on the west side of Orillia Road and the current inability to provide emergency water support service for fire apparatus to the residents in that area? 8. The City of SeaTac is relocating their headquarters station to South 170th Street from the former 200th Street Station; which will become a satellite station with reduced equipment and manpower staffing. Response time into the District 424 area has already slowed significantly due to changes in fire and EMS dispatch operations over the years. The move of more resources to the 170th Street station may further diminish response times into the Orillia Corridor during most hours of the day. How will the City of Tukwila address this issue if SeaTac is unable to provide timely Class 3 or Class 4 response time for fire and EMS services to protect portions of Fire District #24? 9. The annexation of substantially 75 percent of KCFPD #24 by the City of Tukwila will exclusively benefit those on the floor of the valley to the detriment of those residents on the unincorporated hillside of the current KCFPD #24. Money paid in by those KCFPD #24 taxpayers to their reserve fund should directly, benefit the area within which the District assessed and collected tax revenue; those funds should be dedicated to that portion of KCFPD #24 included in this proposed annexation. If the City does not intend to make this commitment, how does it intend_ to address the fact that the residents' tax revenue, legally assessed and collected by Fire District #24 and currently dedicated to the residents of the District #24 area, is going to be commingled with other City of Tukwila tax revenue without guaranteeing that the current Fire District #24 residents will receive a commensurate value in service from the City of Tukwila? 10. As you know, the area set to be annexed from KCFPD #24 to the City of Tukwila is essentially at the apex of a confluence of four separate municipalities: King County, the City of SeaTac, the City of Tukwila, and the City of Kent. The responsibility of the annexing municipality to provide critical fire and EMS service must be 24 • • • . Christy O'Flaherty, CMC Lisa Verner June 8, 2009 Page 5 recognized and assured, as well as the impact this annexation will have over those KCFPD #24 residents not currently envisioned in the annexation process that risk having essential fire and EMS services significantly impacted by an annexation that does not touch the other 24 percent of the Fire District's boundary area. The Legislature has, however, recognized the duty and the obligation of the annexing municipality to take these and other factors into consideration under RCW 35A.14.001. 11. It is important for the City of Tukwila not to lose sight of the fact that this is essentially a one corporate owner, one - proponent annexation process, in which the City has taken the position that there are only two really interested parties, the City of Tukwila and La Pianta, LLC for the Tukwila South Development. The proposed annexation, however, does carry some degree of risk and a recognizable impact to both residents and constituents of KCFPD #24 who will be omitted from the annexation process. The net result of the proposed annexation to the remaining Fire District #24 residents in a small district without an adequate tax base and reserve fund will jeopardize the District's ability to pay SeaTac or Tukwila for fire and EMS services for residents in the former Fire District #24 area. It should be pointed out that this particular area sought to be annexed by the City of Tukwila was left out of the original SeaTac incorporation by the Boundary Review Board at the express request of the City of Tukwila. King County Fire Protection District #24 respectfully requests that the City of Tukwila address the issues outlined by KCFPD #24 with regard to this Petition for Annexation and not allow a major developer's financial interests to totally override the interests of those residents and constituents within Fire District #24 to be included in the annexation and those omitted from it. Very truly yours, GBC:sw cc: Chief James Adsley, Ret. KCFPD #24 Investment Officer /Contract Administrator Chris Bauer, Commissioner, KCFPD #24 Alicia B. Pittinger, Commissioner, KCFPD #24 Violet Bauer, Commissioner, KCFPD #24 25 • • City of Tukwila Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM TO: City Council Mayor Haggerton FROM: Lisa Verner, Mayor's Office DATE: June 11, 2009 SUBJECT: Tukwila South Annexation ISSUE Receipt of Petition for Annexation (60% Petition) and response to Fire District #24 comments. DISCUSSION 1. The City received the signed Petition for Annexation from La Pianta LLC on June 10, 2009. It is an attachment to this Informational Memorandum. After taking any testimony offered at the continued public hearing on June 15, the Council may close the public hearing, deliberate on the proposal, and take action at its June 15 Regular Meeting. 2. Testimony from Fire District #24 representatives was received at the June 8 public hearing on the Tukwila South Annexation. In particular, a letter from Gierke, Curwen, Dynan & Jones, PS was submitted on behalf of Fire District #24. It did not ask the Council to stop the annexation but asked the Council to be aware of the impact of the annexation on Fire District #24. Below are responses to the 11 points raised in the letter: 1. The City would require the applicant developing property on the west side of Orillia Road to install one or more fire hydrants, as needed, as part of the development permit approvals. City standards for new construction call for fire hydrants to be no more than 150' from a building, as measured by a direct line of vehicular access. If such a hydrant is cost prohibitive, automatic sprinklers may be used. 2. The portion of Orillia Road abutting the Tukwila South Annexation will be annexed. The City provides fire and EMS services within the City limits. The Tukwila Fire Department and the SeaTac Fire Department have mutual aid agreements and provide service within each other's jurisdiction when called by dispatchers. 3. The City is not involved, nor will it be involved, in Fire District #24's contractual arrangements with the City of SeaTac. 4. No comment. 5. These issues will be addressed by the City's normal emergency management processes. 6. As mentioned before, the Tukwila Fire Department and the SeaTac Fire Department currently have a mutual aid agreement and will continue to have this agreement. 17 4 INFORMATIONAL MEMO Page 2 7. As needed, the Tukwila Fire Department will take steps necessary at the time to fight a fire. 8. Relocation of SeaTac fire department headquarters is not a City of Tukwila issue. 9. Again, the Tukwila Fire Department and the SeaTac Fire Department have a mutual aid agreement and provide service in each other's jurisdiction when called by dispatchers. Tukwila Fire Department will continue to provide the same level of service it provides now. 10. Again, the Tukwila Fire Department and the SeaTac Fire Department have a mutual aid agreement and provide service in each other's jurisdiction when called by dispatchers. Tukwila Fire Department will continue to provide the same level of service it provides now. 11. The Tukwila South Annexation applicant petitioned the City to annex its own land into the City of Tukwila. With the exception of a King County -owned storm pond and the Historical Society cemetery, the only property being annexed belongs to the property owner who requested the annexation. Other items which should be noted: The City's Potential Annexation Area (PAA) is the area currently within King County, south of the-current City limits, west of the Green River,- north of S 204th Street, and east of 1 -5. The determination that this area is most appropriately located within the city limits of the City of Tukwila was made years ago in response to the Growth Management Act. At King County's urging, the City Council adopted Resolution 1561 on November 1, 2004 which states: "Section 1. Within three weeks after the area described in Exhibit A (Tukwila South annexation area) becomes contiguous to the City of Tukwila, the City Council will adopt a resolution commencing negotiations pursuant to RCW 35A.13.460 for an interlocal agreement between the City and King County.to accomplish the annexation of the area described in Exhibit B (area between Orillia Road and 1 -5) to the City, and directing staff to complete said negotiations on an expedited basis. Within six weeks of approval of said negotiated interlocal agreement by the City and King County, the City will adopt an ordinance providing for the annexation of the area described in Exhibit B, which ordinance shall provide for an effective date of annexation not later that sixty (60) days after adoption of the ordinance." (italics added)- - The City intends to annex the remaining portion of the Potential Annexation Area as noted above. The Environmental Impact Statement for the Tukwila South Project determined the necessity to relocate Tukwila's Fire Station 51 (Headquarters Station) to the vicinity of S 180`h so that it would be more centrally located within its service area. The Tukwila South Project Development Agreement provides for donation by La Pianta LLC of up to three acres of land in area just south of S 180th Street along Southcenter Parkway for the relocated station. Construction funds will be raised through fire impact fees. 1 8 W:12009 InfoMemosllnfoMemo Annex FD#24 response 6.15- 09.doc • INFORMATIONAL MEMO Page 3 RECOMMENDATION Accept any testimony at the Tukwila South Annexation public hearing, close the hearing, deliberate on the annexation, and take action on the annexation ordinance at the Council's Regular Meeting on June 15. ATTACHMENTS Letter from Gierke, Curwen, Dynan & Jones, PS (distributed at public hearing on June 8) Resolution 1561 Ordinance in final form W.12009 InfoMemos \InfoMemo Annex FD #24 response 6- 15 -09.doc 19 • • GREEN RIVER CONSTRUCTION CO., INC. 6402 South 144th St., Suite 1#1 Tukwila, Washington 98168 Office: (206) 246 -9456 Fax: (206) 246 -2274 September 1, 2009 Mr. Jim Adsley Adsley & Associates 3280 South Saratoga Rd. Langley, WA 98260 Re: King County Fire District #24 Bid Proposal Dear Jim: We propose to provide all labor, material and equipment necessary to perform the following work on the above captioned project. 1. 1 LS Bore 2. 1 LS Prep Bore Pit 3. 2 EA Tap Main 4. 1 LS Pipe 5. 1 LS Carrier Skids 6. -1 LS Sand Backfill in Casing 7. 2 EA FHA 8. 1 LS Saw Cut and Asphalt 9. 1 LS Import / Export Total Proposal $ 87,200.00 Exclusions 1. Dewatering and /or solid rock excavation 2. Hazardous /contaminated materials handling, removal or disposal including asbestos 3. Removal, relocation /realignment or replacement of third -party utilities 4. Remedial work required due to conflicts with existing utilities underground or overhead 5. Soils compaction testing; slope and /or stockpile protection 6. Capping of existing utilities not shown on plans 7. Cost for City installed materials 8. Permits, assessments; misc. fees 9. Survey and /or engineered as- builts 10. Staking & engineering fees 11. WSST & bond This price is good for 30 days. Please call with any questions. Sincerely, Jerry Knudson President City of Tukwila RECEIVED OCT 5 2009 WA State Boundary Review elvaiJ F1n !Guy 6200 Southcenter Boulevard • Tukwila, Washington 98188 Jim Haggerton, Mayor October 5, 2009 WA State Boundary Review Board of King County c/o Lenora Blauman, Executive Secretary Yesler Building, Room 240 400 Yesler Way Seattle, WA 98104 RE: Tukwila South Annexation, BRB file # 2304 Dear Board Members and Ms. Blauman: Known as the Tukwila South Annexation, the City of Tukwila has proposed to annex approximately 259 acres into the City limits. The Boundary Review Board has scheduled a public hearing on this annexation for October 20, 2009. This letter is an update to the materials we previously submitted to you. Description The City's Potential Annexation Area (PAA) is the area currently within King County, south of the current City limits, west of the Green River, north of S 204th Street, and east of 1 -5. The determination that this area is most - appropriately located within the city limits of the City of Tukwila was made years ago in response to the Growth Management Act. The property to be annexed is the majority of the Potential Annexation Area. Of the approximately 259 acres in the annexation area, all but 2 or 3 acres are owned by one owner, La Pianta LLC. The annexation is one of a set of actions the City has taken in conjunction with approvals of a 512 -acre development called "Tukwila South Project." At King County's urging, the City Council adopted Resolution 1561 on November 1, 2004 agreeing to begin the process and to annex the remainder of the Potential Annexation Area within three weeks after the Tukwila South /La Pianta annexation is complete. MOA with King County Since this Resolution was adopted by a previous City Council, I have negotiated a new Memorandum of Agreement (MOA) with King County Executive Kurt Triplett stating: Phone: 206 - 433 -1800 • City Hall Fax: 206- 433 -1833 • www.ci.tukwila.wa.us Letter to KC BRB Page 2 of 2 The City of Tukwila shall initiate the annexation of the Residential Island ... under the interlocal method of annexation (RCW 35A.14.460) within three weeks of the effective date of the annexation of the Tukwila South Annexation to the City of Tukwila. AND Should the Tukwila South Annexation to the City of Tukwila not become effective by December 31, 2009, the Mayor of the City of Tukwila shall recommend to the Tukwila City Council that it commence efforts to annex the entire PAA (both the Tukwila South Annexation and the Residential Island) by June 30, 2010. We are in the process of signing this MOA now and will provide copies to you at the public hearing on October 20. Shelley Kerslake, City Attorney, and Lisa Verner, Tukwila South Project Manager, will attend and can answer your questions. Conclusion We look forward to your review and approval of this Tukwila South Annexation. Implementation of the Tukwila South Project Development Agreement will follow and we are very excited about the economic diversity it will bring to Tukwila. Thank you. Sincerely, Jim Hagg- Mayor • • • • • • King County Office of Strategic Planning & Performance Management Chinook Building 401 Fifth Avenue, Suite 810 Seattle, WA 98104 October 3, 2009 Claudia Hirschey Chair, King County Boundary Review Board Yesler Building, Room 402 400 Yesler Way Seattle, WA 98104 Dear Ms. Hirschey: In response to the briefing schedule set by the King County Boundary Review Board, I am transmitting King County's policy brief regarding the proposed annexation of the Tukwila South Annexation Area by the City of Tukwila prepared by King County's Office of Strategic Planning and Performance Management. A county representative will attend the public hearing set for October 20, 2009. If there are questions, please contact Gwen Clemens, Senior Policy Analyst, at 206 263 -9686. Sincerely, Elissa Benson Deputy Director cc: The Honorable Julia Patterson, King County Council Noel Treat, Chief of Staff, Executive Office Lisa Verner, Tukwila South Project Manager, City of Tukwila Karen Wolf, Office of Strategic Planning and Performance Management, Planning Section Supervisor REPORT TO THE WASHINGTON STATE BOUNDARY REVIEW BOARD OF KING COUNTY IN THE MATTER OF THE PROPOSED ANNEXATION OF TUKWILA SOUTH ANNEXATION TO THE CITY OF TUKWILA Boundary Review Board File No. 2304 Public Hearing: October 20, 2009 I. BACKGROUND On August 7, 2009, the Washington State Boundary Review Board for King County ( "BRB ") received a Notice of Intent ( "NOI ") for the Proposed Annexation of Tukwila South Annexation, a copy of which was received by the County that same month. According to the City of Tukwila, the Proposed Annexation would include approximately 12 residents in an urban area of King County generally located to the south of the City of Tukwila. The City of Tukwila's NOI estimates the size of the area at approximately 259 acres. The Proposed Annexation of this PAA lies within the City of Tukwila's Potential Annexation Area (PAA). The PAA is generally bounded by the City of Tukwila to the north, the western border is variously formed by Orillia Road south and Interstate 5, the eastern border is formed by the Green River, and the southern board is formed by South 204th Street contiguous with the existing city limits of the City of Kent and an unincorporated area with the city of Kent's PAA. II. CONSISTENCY WITH STATE GROWTH MANAGEMENT ACT AND COUNTYWIDE PLANNING POLICIES State law (RCW 36.93.157) stipulates that BRB decisions must be consistent with three sections of the state's growth management act ( "GMA "): planning goals, urban growth areas and countywide planning policies. The County finds the Annexation Proposal is consistent with the policy intent of the Countywide Planning Policies. a. Planning Goals: The County has an adopted comprehensive land use plan as required by GMA. The plan has been deemed consistent with the GMA by the state Department of Community, Trade and Economic Development ( "CTED ") as it supports the Act's various goals which include among other things planning for urban growth, reduction of sprawl, housing, transportation, and open space and recreation. Further, the county's comprehensive land use plan is consistent with the adopted Countywide Planning Policies' ( "CPPs "). The City of Tukwila similarly has an adopted comprehensive land use plan deemed consistent with GMA by CTED. Both the County and the City of Tukwila's plan calls for the annexation by Tukwila of the Tukwila PAA. The Annexation Proposal leaves a small The consistency required between RCW 36.70A.100 and RCW 36.70A.210 is an external consistency between comprehensive plans. The CPPs do not speak directly to the implementing land use regulations of cities and counties. [CPSHB, Snoqualmie, 2304c, FDO]. • • • • • unincorporated area, hereinafter called "Island" immediately to the west of the Tukwila South Annexation. The City of Tukwila has agreed to proceed with annexation of the Island upon annexation of the Tukwila South area. Therefore, the Annexation Proposal is consistent with this goal. b. Urban Growth Areas: The CPPs call for growth to be focused into urban areas (U -203) and states that cities are the appropriate providers of local services in urban areas (FW -13). The Annexation Proposal is consistent with this goal. c. Countywide Planning Policies: The consistency of the Annexation Proposal is established by the preceding discussion. The Annexation Proposal is consistent with this goal. III. CONSISTENCY WITH BOUNDARY REVIEW BOARD FACTORS AND OBJECTIVES In addition to reviewing an annexation proposal for consistency with state GMA, Countywide Planning Policies, and the King County Comprehensive Plan, the BRB must also evaluate it based on the nine objectives set forth in RCW 36.93.180. In doing so, the BRB may consider a host of factors (RCW 36.93.170) which include but are not limited to land use, population, provision of municipal services, cost of local services, economics, and development regulations. Below are listed the objectives set forth in RCW 36.93.180 along with analysis to determine if each of these objectives is met by the original proposal, and if not, which ones are hindered. A final assessment is made to see if, overall, the objectives were furthered by the proposal. Objectives: 1. Preservation of natural neighborhoods and communities. Annexation of the area as outlined in the legal description would indeed lead to the consistent application of service levels, consistent development standards and consistent zoning regulations. The Annexation Proposal was proposed in conjunction with a development agreement between property owners and the city of Tukwila for a 512 acre development including the proposed annexation area. The Annexation Proposal meets or furthers this objective. 2. Use of physical boundaries, including but not limited to bodies of water, highways, and land contours. The proposed annexation relies on existing city limits, and the eastern and southern boundaries of the City of Tukwila PAA. A portion of the western boundary will continue to be adjacent to the City of Tukwila PAA; however the city intends to proceed with annexation of the remaining Island upon completion of the Tukwila South Annexation. The Annexation Proposal meets or furthers this objective. 3. Creation and preservation of logical service areas. As noted above, both the GMA and the CPPs designate cities as the logical provider of urban services. Cities have been afforded by the state legislature taxing authority distinctly advantageous in comparison to that authority available to counties: unlike counties, cities have both business and occupations tax and utility tax authority to support the provision of local urban services. Consequently, cities are better able to provide a broader array of services synonymous with urban areas than can the county. The longer these urban areas remain unincorporated, the more difficult it becomes financially for the County to provide local services while at the same time fulfilling it regional service and rural service responsibilities. The City of Tukwila has demonstrated that is has the capacity to logically and efficiently serve the Tukwila South area. The Annexation Proposal meets or furthers this objective. 4. Prevention of abnormally irregular boundaries. Existing water features and roads are used as the proposed annexation's boundaries. The Annexation Proposal prevents abnormally irregular boundaries and meets or furthers this objective. 5. Discouragement of multiple incorporations and encouragement of incorporation of cities in excess of 10,000 population in heavily populated urban areas. Incorporation is not at issue here. 6. Dissolution of inactive special purpose districts. The County determines that this objective is neither furthered nor hindered by the annexation because it has no application to this proposal. 7. Adjustment of impractical boundaries. The proposed annexation area as outlined in the legal description and is within the city of Tukwila's PAA. The County determines that this objective is neither furthered nor hindered by the annexation because it has no application to this proposal. 8. Incorporation of cities or towns or annexation to cities or towns of unincorporated areas which are urban in character. The proposed annexation area as outlined in the legal description is urban in nature and is located within the County's designated urban growth area. The Annexation Proposal meets or furthers this objective. • • • • • 9. Protection of agricultural and rural lands. The County determines that this objective is neither furthered nor hindered by the annexation because it has no application to this proposal. In sum, the annexation proposal meets or furthers objectives 1, 2, 3, 4, and 8. Objectives 5, 6, 7 and 9 are not applicable to this proposal. Thus, in weighing all of the BRB objectives, the Annexation Proposal, meets the majority of the BRB objectives. VI. CONCLUSION RCW 36.93.180(8) directs the BRB to "attempt to achieve...the annexation to cities...of unincorporated areas which are urban in character." Based on the arguments set forth in this document and the conclusions listed below, the County finds that it is in the best interest of all parties to approve the Annexation Proposal without further change: 1. The Annexation Proposal furthers the governance transition of the community from urban unincorporated to incorporated status as envisioned by the regionally adopted Countywide Planning Policies (CPPs). 2. Pursuant to GMA and CPP policy, cities are the logical provider of urban services and the counties are the logical provider of regional and local services within the rural area. 3. Cities have the taxing authority necessary to extend and provide urban levels of service to urban unincorporated areas. 4. King County Comprehensive Plan policies U -201 and U -206 strongly support transition of the urban growth area to City status. VII. REQUEST The County respectfully requests that the BRB approve the Annexation Proposal. SUMMARY FILE NO. 2304 ENTITY City of Tukwila ACTION Petition for Land Annexation TITLE Tukwila South Annexation Thomas Guide Map No. 685 Date Received: 08/07/09 Date Completed: 08/11/09 Date Distributed: 08/12/09 Date Filed: Expiration 45 Days: 09/21/09 Board Meeting: 09/10/09 Introduction: Location Land Area Land Use: Population Estimate Assessed Valuation County Comprehensive Plan Designation /Zoning City Comprehensive Plan Designation /Zoning District Comprehensive Plan District Franchise Urban Growth Area (UGA) SEPA Declaration The City of Tukwila proposes annexation of a portion of the Tukwila South Area. The annexation has been proposed by the petition method (RCW 35A.14). The Tukwila South Annexation Area northern boundary is contiguous to the southern boundary of the City of Tukwila. The Tukwila South Annexation Area's southern boundary is formed by South 204th Street. The western boundary of the area is variously formed by Orillia Road South and Interstate 5. The eastern boundary of the area is formed by the Green River. . 259 acres Agricultural Uses; Residential Uses; Vacant Land Approximately 12 persons $8,631,400. Industrial Use Proposed: Office Use, Light Industrial Use (e.g., research and development) Commercial Use (e.g., retail, services), Residential Uses Not applicable. Not applicable The Tukwila South Area is located within the Urban Growth Area as identified under the State Growth Management Act, King County Comprehensive Plan and City of Tukwila Comprehensive Plan. The proposed Tukwila South Annexation is exempt from SEPA pursuant to RCW 43.21C.222. • • ENTITIES /AGENCIES NOTIFIED: King County Council Member(s) Julia Patterson; Dow Constantine; Larry Gossett King County: Clerk of Council, Department of Natural Resources (DNR); Department of Development and Environmental Services (DDES), Department of Assessments, Department of Transportation (DOT), State Department of Ecology (DOE), King County "911" Program, Office of Management and Budget, Deputy Prosecuting Attorneys' Office, King County Records and Election Division, Fire Marshal Division, Historic Preservation Program, Puget Sound Regional Council, Community and Human Services, Public Health Department Cities: Kent, Renton, SeaTac Fire Districts: Water Districts: Sewer Districts: School District: • • City of Tukwila; Angle Lake District (No. 24); Skyway /Bryn Mawr /Lakeridge District (No. 20) Highline Water District; King County Water District No. -125 City of Tukwila; Valley View Sewer District Renton School District No. 403; Kent School District No. 415 SUMMARY (File No. 2304) The City of Tukwila proposes annexation of 260 acres known as the Tukwila South Area Annexation is proposed in response to property owner interest in joining the City of Tukwila. The Tukwila South Area Annexation Notice of Intention is based upon a Resolution by the Tukwila City Council approving a plan to incorporate this territory. This Resolution was approved in June 2009. The Tukwila South Annexation Area northern boundary is contiguous to the southern boundary of the City of Tukwila. The Tukwila South Annexation Area's southern boundary is formed by South 204 "' Street. The western boundary of the area is variously formed by Orillia Road South and Interstate 5. The eastern boundary of the area is formed by the Green River. ••• With the Notice of Intention based upon the Resolution, the City of Tukwila has invoked jurisdiction at the Washington State Boundary Review Board for King County. The City is seeking a public hearing in order to provide an opportunity for citizens and government jurisdictions to comment upon the proposed annexation before Boundary Review Board as this body is an independent, quasi - judicial agent established by statute (RCW 36.93) to ensure logical, orderly growth of urban communities. The Tukwila South annexation is proposed in conjunction with a Development Agreement between Mario Segale on behalf of La Pianta LLC and by Mayor Haggerton on behalf of the City of Tukwila on June 10, 2009. The Development Agreement allows for future mixed use (commercial and residential development) to be established over approximately 15 years. More specifically, the Tukwila South Area (and adjacent area that is presently within the City of Tukwila) is planned for approximately 10 million square feet of development under a Master Plan — i.e., a campus style design including offices, commerce, residences, and other similar, supporting uses. The Master Plan also calls for environmental enhancements to Johnson Creek, wetlands, and Green River shorelines. Pedestrian and bicycle trails will also be provided as public amenities. This action is also proposed in conjunction with a City of Tukwila Resolution No. 1561 (adopted in November 2004) in which .the City Council ensures King County of the intent to commence negotiations and the accomplishment of an expedited agreement with King County to ensure annexation of a residential community located adjacent to the Tukwila South Area (and within the Tukwila Potential Annexation Area) immediately upon completion of the Tukwila South Annexation. City officials report that annexation of the Tukwila South Area to this community is consistent with the State Growth Management Act (GMA.) Cited in support of Tukwila's annexation of Tukwila South are: RCW 36.70A.020 (1), and RCW 36.70A.020 (12) that encourage the efficient provision of public facilities and services to developed areas by appropriate government units. Also cited in support of Tukwila's annexation of the Tukwila South Area are RCW 36.70A.110 (4) and RCW 36.70A.210 (1) which support cities as providers of local services and counties as providers of regional services. Tukwila representatives report existing and pending plans, programs, and resources necessary to serve the Tukwila South Area in keeping with the State Growth Management Act (GMA.) Tukwila representatives report that the proposed Tukwila South Annexation complies with established King County Comprehensive Plan /Countywide Planning Policies. Of particular note are those policies which address Economic Development and Housing Capacity. City representatives state that the Tukwila South annexation would specifically be consistent with numerous King County Comprehensive Plan /Countywide Planning policies including, but not limited to the following: • Cities are the preferred governors of urban areas (e.g., PR -202) ▪ Cities are encouraged to include unincorporated areas within the jurisdiction's comprehensive plan and polential annexation areas (e.g., U -107, U-110, U -112, U -114, U -147, U -148. U -170, U -201, U203 -U -205. LU -34, FW 11 - FW- 13, LU -25, LU 28, LU -29. LU 32, LU -33, RF -5.) Cities are encouraged to annex those lands to provide appropriate developmenUpublic services (e.g.. F- 101, F -201. F -207, F•227, F -245. F -262, F -266, CO -10. FW -33. RF -4 ) • • • • • Cities are designated as the governors of environmental protection of annexation areas (e.g., FW -4, FW -5, CA -1, CA -3, CA -4, CA -9 - CA -12, CC -7, CC -8, CC -11.) Cities are the designated providers of transportation system for annexation areas (FW -18, T -5, T -7.) City of Tukwila representatives report that the proposed Tukwila South Annexation is consistent with the provisions of the municipality's Comprehensive Plan. For example: The Tukwila Comprehensive Plan includes the Tukwila South Area within its Potential Annexation Area; • The Tukwila Comprehensive Plan provides a Master Plan for the Tukwila South Area • The Tukwila Comprehensive Plan makes provisions for providing public services and facilities to the Tukwila South Area. More specifically, City of Tukwila representatives report that the jurisdiction plans to support a Master Plan that provides for a diverse array of land uses suitable to the Tukwila South Area. Development at Tukwila South would include a variety of commercial uses, office uses, light industrial uses (e.g., research and development), as well as a range of types of residential uses. Public facilities and amenities would be provided as well, including open spaces, pedestrian trails, and bicycle trails. City of Tukwila representatives report an intent to comply with regulatory authorities established by the State, as well as by regional and local statutes), together with municipal plans and programs designed to preserve and enhance the existing natural environment (e.g., Johnson Creek, Green River Corridor, wetlands) in conjunction with development and maintenance of the Tukwila South Area. City of Tukwila representatives also report that the municipality has resources and capacity to permit provision of services (directly or by contract) to Tukwila South. With annexation to Tukwila, all services for the Tukwila South Area reportedly may be coordinated under unified regulatory authorities administered by a single local government unit. 1r ft City of Tukwila representatives report that the proposed Tukwila South Annexation is consistent with the provisions of RCW 36.93 (Boundary Review Board Regulations). For example, City of Tukwila representatives report that: • The Tukwila South Annexation would be consistent with Objective 1, which calls for the preservation of neighborhoods. This area is linked to Tukwila by built and natural geographic features including nearby existing and planned commercial uses, residential development, open spaces, and environmental features (e.g., topography, water bodies, trails and open spaces. The Tukwila South Annexation would reportedly be consistent with Objective 2 which calls for the use of physical boundaries to determine an annexation area. The borders of the Tukwila South Area follow municipal lines, roadways, property lines and other physical boundaries. • The Tukwila South Annexation would also reportedly be consistent with Objective 3, which calls for creation of logical service areas. The City of Tukwila reports available resources and capacity that would permit the City to offer urban services to the area either directly or via agreements between the City and service providers for the full range of commercial uses, industrial uses, residential uses, and public uses anticipated for the Tukwila South Area. The Development Agreement between the property owner and the City of Tukwila provides financial guarantees and technical mechanisms to ensure continuing resources for the provision of those services. More specifically, the Development Agreement establishes that: • The City of Tukwila will be responsible for policing services to the Tukwila South Area • The City will assume responsibility from the Angle Lake District (No. 24) for providing fire /emergency services to the Tukwila South Annexation properties. • The Highline Water District will continue to provide water services to the Tukwila South Area. 4 • The City of Tukwila will continue to provide wastewater service to the Tukwila South community. Future improvements may be established through formation of a ULID. • The City will provide stormwater management in accord with regulatory authorities. In addition the City of Tukwila will provide directly (or by contract) for residents of Tukwila South for public facilities, human services, and law and justice facilities. Local and regional services — e.g., libraries, parks, recreational facilities -- would be available fo the citizens. Area students would continue to be served by the Renton and Kent School Districts. • The Tukwila South Annexation would reportedly be consistent with Objectives 4 -7, which call for the achievement of reasonable boundaries for a jurisdiction. Although the Tukwila South Area possesses a rather unusual configuration, the lands within these borders are specifically established for annexation by Tukwila under the City of Tukwila Comprehensive Plan. Note: As previously slated in this Summary, the City of Tukwila has executed a Resolution expressing the intent to come to an inlerlocal agreement with King County annex the remaining portion of this Potential Annexation Area directly following ratification of the Tukwila South Annexation. The Tukwila South Annexation would also reportedly be consistent with Objective 8, which calls for inclusion of urban areas within municipalities. Annexation would permit citizens to affiliate with a local government and thus to participate in the local government process. City of Tukwila representatives state that a fiscal analysis has been conducted with respect to the proposed Tukwila South Annexation. The City reportedly would receive revenue of $101,746 from Tukwila South. For approximately 10 years following annexation, the City is anticipated to incur expenses of approximately $170,000 (i.e., $70,000 per year) in excess of anticipated revenue from the proposed development of the area under the adopted Master Plan. City representatives report that the jurisdiction has addressed the cost/benefit equation, in part, through municipal resources and in part through an agreement for revenue guarantees with LaPianta, the owner and developer of Tukwila South. City representatives state that the fiscal analysis finds that the owners of Tukwila South will support the proposed annexation, in part, through standard service fees, as well as regular and special levy rate of the City for capital facilities and public services. City officials report that the municipality intends to allocate sufficient funding to provide fire and emergency services to the Tukwila South Area. City representatives acknowledge that Angle Lake Fire District (No. 24), which currently serves the area through a contract for service from (he City of SeaTac, will experience a substantial loss of revenue in conjunction with annexation of the Tukwila South Area. City representatives are reportedly working with officials the Angle Lake Fire District (No. 24) to develop a plan for addressing the transition of all services from Angle Lake No 24 in an equitable and timely manner. City of Tukwila representatives report a commitment to taking the necessary steps (e.g., development planning, administration of funding) to ensure appropriate levels of service for the Tukwila South Area through the entirety of the development process culminating at estimated maximum development. The City reportedly supports the Tukwila South Annexation so that Tukwila may serve the business and residential communities within the Tukwila South Area • • • • • CERTIFICATION I, Christy O'Flaherty, City Clerk of the City of Tukwila, Washington, do hereby certify that this is a true and correct copy of City of Tukwila, Resolution 141561 adopted by the Tukwila City Council at a Regular Meeting thereof on November 1, 2004. Dated this 7111 day of August 2009. Christy O'Flaherty, CMC, City Clerk City of Tukwila, Washington City of Tukwila Washington Resolution No. 1.5 / - �1 1 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, COMMITTING TO INITIATE AN ANNEXATION PROCESS FOR A CERTAIN UNINCORPORATED ISLAND OF TERRITORY AFTER SUCH ISLAND BECOMES CONTIGUOUS TO THE CITY. WHEREAS, the City has received a notice of intention to commence annexation proceedings related to the territory known as the La Pianta annexation area, the boundaries of which are described in Exhibit A, which is attached hereto and incorporated as if set forth in full; and WHEREAS, the City Council intends to authorize the circulation of an annexation petition for the La Pianta annexation area; and WHEREAS, the La Pianta annexation area lies within the Tukwila South Potential Annexation Area identified by the Tukwila Comprehensive Land Use Plan; and WHEREAS, the La Pianta annexation will reduce but not eliminate King County's obligation to provide municipal services to an area that is difficult for the County to serve due to its size and isolation from other County service areas; and WHEREAS, the King County Countywide Planning Policies recognize cities as the appropriate provider of local urban services to urban areas; and WHEREAS, King County has indicated it will support the La Pianta annexation if the City commits to timely annex the remainder of its Tukwila South Potential Annexation Area, the boundaries of said remainder being described in Exhibit B, which is attached hereto and incorporated herein as if set forth in full; and WHEREAS, the City of Tukwila is willing to annex the area described in Exhibit B, but would like to delay action on this annexation until after a final resolution his been reached with respect to the La Pianta annexation area; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: Section 1. Within three weeks after the area described in Exhibit A becomes contiguous to the City of Tukwila, the City Council will adopt a resolution commencing negotiations pursuant to RCW 35A. 14.460 for an interlocal agreement between the City and King County to accomplish the annexation of the area described in Exhibit B to the City, and directing staff to complete said negotiations on an expedited basis. Within six weeks of approval of said negotiated interlocal agreement by the City and King County, the City will adopt an ordinance providing for the annexation of the area described in Exhibit B, which ordinance shall provide for an effective date of annexation not later than sixty (60) days after adoption of the ordinance. PASSED BY THE CITY CQU�ICIL OF THE,�TUKWILA, WASHINGTON, at a Regular Meeting thereof this ��jY day of I& Lk . , 2004. ATTEST / A UTH ENTICATED: Jan 1 , Cantu, CMC, City Clerk APPROVED AS TO FORM BY: Office of the City Attorney Annexation Commitment 10/28/04 ouncil President Filed with the City Clerk: Passed by the City Council: Resolution Number: • • Lt, "EXHIBIT A" (to resolution committing to initiate an annexation process...) THAT PORTION OF UNINCORPORATED KING COUNTY LYING SOUTH OF THE CITY OF TUKWILA DESCRIBED AS FOLLOWS: "THAT PORTION OF UNINCORPORATED KING COUNTY, WASHINGTON: BOUNDED ON THE NORTH BY. THE EXISTING SOUTHERLY CITY LIMITS OF THE CITY OF TUKWILA, IN THE IMMEDIATE VICINITY OF THE SOUTH 188TH STREET INTER - CHANGE; BOUNDED ON THE EAST BY THE WEST.MARGIN OF ORILLIA ROAD SOUTH; BOUNDED ON THE SOUTH BY THE CENTERLINE OF SOUTH 204T" STREET, EXTENDED WESTERLY TO ITS POINT OF. INTERSECTION WITH THE EXISTING EASTERLY CITY LIMITS OF THE CITY OF SEATAC; AND BOUNDED ON THE WEST BY THE EXISTING EASTERLY CITY LIMITS OF THE CITY OF SEATAC." "EXHIBIT B" (to resolution committing to initiate an annexation process...) THAT PORTION OF UNINCORPORATED KING COUNTY LYING SOUTH OF THE CITY OF TUKWILA DESCRIBED AS FOLLOWS: "THAT PORTION OF UNINCORPORATED KING COUNTY, WASHINGTON: BOUNDED. ON THE NORTH BY THE EXISTING SOUTHERLY CITY LIMITS OF THE CITY OF TUKWILA RUNNING EASTERLY FROM THE VICINITY OF THE SOUTH 188TH STREET INTERCHANGE TO THE INTERSECTION OF THE CITY LIMITS WITH THE GREEN RIVER; BOUNDED ON THE EAST BY THE GREEN RIVER; BOUNDED ON THE SOUTH BY THE NORTH MARGIN OF SOUTH 204T" STREET; AND BOUNDED ON THE WEST BY THE WEST MARGIN OF ORILLIA ROAD SOUTH RUNNING NORTH TO THE INTERSECTION OF ORILLIA ROAD SOUTH WITH THE CITY . LIMITS OF THE CITY OF TUKWILAIN THE VICINITY OF THE SOUTH 188TH STREET INTERCHANGE." • City f Tukwila 6200 Southcenter Boulevard • Tukwila, Washington 98188 August 5, 2009 WA State Boundary Review Board of King County c/o Lenora Blauman, Executive Secretary Yesler Building, Room 240 400 Yesler Way Seattle, WA 98104 Jim Haggerton, Mayor RE: Notice of Intention for City of Tukwila Annexation Dear Board Members and Ms. Blauman, The City of Tukwila proposes to annex approximately 259 acres into the City limits. This letter is the Notice of Intention to Annex property into the City of Tukwila. Pursuant to Chapter 36.93 RCW, this Notice of Intention is submitted due to a proposed: • Change in boundaries of the City of Tukwila due to annexation • Assumption of part of the reserve funds of Fire District #24 Description The City's Potential Annexation Area (PAA) is the area currently within King County, south of the current City limits, west of the Green River, north of S 204th Street, and east of I -5. The determination that this area is most appropriately located within the city limits of the City of Tukwila was made years ago in response to the Growth Management Act. The property to be annexed is the majority of the Potential Annexation Area. Of the approximately 259 acres in the annexation area, all but 2 or 3 acres are owned by one owner, La Pianta LLC. The annexation is one of a set of actions the City has taken to approve a 512 - acre development called "Tukwila South Project." At King County's urging, the City Council adopted Resolution 1561 on November 1, 2004 agreeing to begin the process and to annex the remainder of the Potential Annexation Area within three weeks after the Tukwila South/La Pianta annexation is complete. Phone: 206 - 433 -1800 • City Hall Fax: 206 - 433 -1833 • www.ci.tukwila.wa.us WA State Boundary Review Board of King County August 5, 2009 Page 2 Public Hearing In the interest of public outreach, we request the Board hold a public hearing on this annexation as soon as possible. The Tukwila City Council held the required public hearing for adoption of its annexation ordinance after notifying property owners within 500 feet of the annexation boundary and few public comments were received. Conclusion Eight copies of the Notice of Intention and attachments are included with this letter. The City's contact person for this annexation is: Lisa Verner, Tukwila South Project Manager City of Tukwila 6300 Southcenter Blvd, Suite 100 Tukwila, WA 98188 Iverner@ci.tukwila.wa.us ci.tukwila.wa.us 206 - 431 -3662 office 206 - 431 -2168 fax We look forward to having this property within the boundaries of the City of Tukwila. Sincerely, C: Mark Segale, La Pianta LLC • • • • CITY OF TUKWILA "TUKWILA SOUTH" ANNEXATION NOTICE OF INTENTION • • BACKGROUND INFORMATION / MAPS A. Basic Information 1. The Tukwila City Council approved a Development Agreement with La Pianta LLC on June 8, 2009; it also approved several land use actions that are called for in the Development Agreement. The Development Agreement was signed by Mario Segale on behalf of La Pianta LLC and by the Mayor on behalf of the City on June 10, 2009. The Development Agreement allows mixed use, commercial, and residential development of up to 10 million square feet over the next 15 years on 512 acres. Approximately 259 acres of the 512 acres are located in unincorporated King County; upon execution of the Development Agreement, Mr. Segale submitted a signed Petition for Annexation (60% Petition) of this property into the City. The method used to initiate the annexation is the direct petition method pursuant to RCW 35A.14.120. The City Council held a public hearing on the annexation on June 8 and continued it to June 15, 2009. At the June 15 meeting, the Council deliberated and voted unanimously to adopt Ordinance 2241 approving the annexation. Prior to these recent actions, a Request for Annexation was received from La Pianta LLC on November 12, 2004. The Request was signed by owners of 10% of the value of the property included in the Request. Pursuant to RCW 35A.14.120, the City Council held a meeting with the signers to determine whether the Council would accept, reject or modify the proposed annexation and resolve other issues as required by state law. This Regular Meeting was held on January 18, 2005. The Council unanimously voted to accept the 10% Request as submitted, to authorize the circulation of the Petition for Annexation (60% Petition), and to require the following: • the simultaneous adoption of zoning regulations; and • the assumption of a proportionate share of existing city indebtedness by the area to be annexed. 2. A signed and certified copy of Ordinance 2241 accepting the Tukwila South annexation as officially adopted is attached as Exhibit A. The signed Petition for Annexation is attached to Ordinance 2241. 3. The certified Petition for Annexation for municipal annexation from King County Assessor's Office, as required by state law (RCW 35A.01.040(4)), is attached as Exhibit B. Tukwila South Annexation Page 2 of 16 4. A SEPA checklist was not submitted or reviewed because city annexations are exempt from SEPA. 5. The legal description of the boundaries of the area involved in the annexation is as follows: Those portions of Section 35, Township 23 North, Range 4 E.W.M.; Section 2, Township 22 North, Range 4 E.W.M; and Section 3, Township 22 North, Range 4 E.W.M. lying south of the City of Tukwila corporate limits as established by City of Tukwila Ordinance 1125; east of the east right of way margin of Interstate Highway 5; east of the west right of way margin of Orillia Road South; north of the north right of way margin of South 204th Street and west of the City of Kent Ordinance 2114; Together with: That portion of South 204th Street lying north of and immediately adjacent to the north line of the City of Kent corporate limits as established by City of Kent Ordinance 1727. All situate in the County of King; State of Washington B. Maps 1. Two sets of the following King County Assessor's maps with the boundary of the annexation area clearly marked are included: NW, NE and SW 02 -22 -04 NE, SE and SW 03 -22 -04 SE and SW 35 -23 -04 2. Vicinity Maps are attached as Exhibits C1, C2 and C3. Exhibit C1 delineates Fire District #24; Exhibit C2 delineates school district boundaries; Exhibit C3 delineates Highline Water District boundaries. All maps show the proposed Tukwila South annexation area as well as the Potential Annexation Area boundary. 3. A map of the current corporate limits of Tukwila with the annexation area identified is attached as Exhibit D. EVALUATION CRITERIA A. Overview 1. Twelve (12) people reside within the annexation area. 2. There are approximately 259 acres within the area to be annexed. • • • • Tukwila South Annexation Page 3 of 16 3. The population density is less than one person per acre in the area to be annexed (.046 /people per acre). 4. The assessed valuation of the area to be annexed is $8,631,400. B. Land Use 1. The existing land use in the area to be annexed is agricultural. The existing King County zoning is "Industrial." 2. The proposed use is approximately 10 million square feet of development that would be accommodated in a combination of campus style research and office environments with a mix of other supporting uses such as retail, residential, commercial, hotel and flex tech. The proposal is called the "Tukwila South Project" and is governed by a Development Agreement between the property owner, La Pianta LLC, and the City of Tukwila pursuant to RCW 36.70B.170 through .210 and approved through adoption of City of Tukwila Ordinance 2233. The land area included in the Tukwila South Project is 512 acres, of which 259 are the proposed annexation area. C. State Growth Management Act 1. Yes, the proposed annexation is conformance with the Growth Management Act. Several specifics are identified below. The area encompassed by this annexation is within the City of Tukwila's Potential Annexation Area (PAA) and has been planned by the City's Comprehensive Plan. It is also within King County's Urban Growth Area. This is why the proposed annexation conforms to Goal 1 (Urban growth) and Goal 2 (Reduce sprawl). A variety of residential densities and housing types are proposed in the Tukwila South Master Plan (adopted by Tukwila City Council by Ordinance 2234. Office, research and development, and other commercial uses are proposed which will result in diversity in the City's economic base. Therefore the proposed annexation conforms to Goal 4 (Housing) and Goal 5 (Economic development). Land will be donated and a public pedestrian/bicycle trail will be constructed along approximately two miles of the Green River's western edge. An off - channel fish habitat area will be created along the Green River to address salmon needs. Also, extensive wetland preservation and enhancement will occur as part of the overall Tukwila South development. This proposed annexation conforms to Goal 9 (Open space and recreation) and Goal 10 (Environment). 2. King County Comprehensive Plan/Ordinances a. Within the Urban Growth Area identified pursuant to GMA, the County planning documents call for all property to be within incorporated areas. Tukwila South Annexation Page 4 of 16 This proposed annexation implements the County's planning under GMA by moving the land from unincorporated King County into incorporated City of Tukwila. b. King County Comprehensive Plan policies which support this proposed annexation are addressed in Table 1. c. King County Countywide Planning Policies (CPPs) which support this proposed annexation are addressed in Table 2. Table 1 King County Comprehensive Plan Policies Met by Tukwila South Annexation Policy Chapter 1— Regional Planning PR -202 The proposed annexation implements King County's Countywide Planning Policies by following the directive of annexing Potential Annexation Area (PAA) lands into urban communities such as Tukwila. Chapter 2 — Urban Communities Sec I Urban Land Use U -107 The proposed annexation area is included in the Tukwila Potential Annexation Area, which is within the County's Urban Growth Area. It is also covered by the Tukwila South Master Plan which calls for approximately 25,000 new jobs and possibly 1700 new dwelling units over the next 20 years. This will be urban development in an urban area. U -110 As part of the Tukwila South Master Plan, the proposed annexation area will be the location for approximately 25,000 new jobs and possibly 1700 new dwelling units over the next 20 years. A pedestrian/bicycle trail located along the Green River will provide public recreational and open space facilities. Existing transportation facilities such as 1 -5 and I -405, Link Light Rail and Sounder commuter trains will be more fully utilized. Facilities and services will be concentrated in an urban area. U -112 As part of the Tukwila South Master Plan, the proposed annexation area will host a regional storm water facility, retained and enhanced wetlands, and opens space preservation. With 10 million square feet of development allowed, the area covered by the Tukwila South Master Plan allow maximum permitted densities and uses of urban land while not compromising the function of critical environmental areas. U -114 The current King County zoning of the proposed annexation area is Industrial. The urban growth in the area due to the recently approved Tukwila South Project will be integrated into the County's growth targets and into the City's share of those targets. U -147 The proposed annexation area is part of the Tukwila South Project, which is located adjacent to the Tukwila Urban Center. The existing County zoning is • • • Tukwila South Annexation Page 5 of 16 Industrial and the proposed City zoning is Tukwila South Overlay, a commercial zoning. Urban development on the proposed annexation site will be in designated commercial areas outside of the urban center. U -148 For the proposed annexation area, the Tukwila South Master Plan calls for bio -tech, R &D, commercial, retail, hotel, and flex -tech uses which will draw employees and customers from around the region. It is appropriate they locate in the urban area of Tukwila. U -170 The proposed annexation area will have commercial, office and retail developments which foster community, create enjoyable outdoor areas and balance needs of automobile movement with pedestrian and bicycle mobility and safety. Urban -level improvements will be constructed in conjunction with these uses, pursuant to the adopted Tukwila South Master Plan. Sec II Potential Annexation Areas U -201 The proposed annexation will further King County's stated goal of encouraging annexation of the remaining urban unincorporated areas. U -203 The proposed annexation is within the Interim Potential Annexation Area shown on "Interim Potential Annexation Areas 2008" map in the "King County Comprehensive Plan 2008 Chapter Two, Urban Communities." U -204 The proposed annexation is consistent with the Countywide Planning Policies (CPPs) and the Washington State Growth Management Act, is wholly within the City of Tukwila's Potential Annexation Area, and is not part of a contested area. U -205 a. The proposed annexation will not result in illogical service areas b. The proposed annexation will not create an unincorporated island because, by Resolution 1541, the City of Tukwila agreed to annex the remainder of the PAA upon the successful completion of the proposed annexation c. The proposed annexation does not focus solely on an area that will provide a distinct economic gain to the City. d. The proposed annexation does not move designated Agricultural and/or Forest Protection District lands into the UGA. e. The proposed annexation does not apply zoning to maintain or create permanent low- density residential areas. U -207 The City does not have a pre- annexation agreement with King County covering the proposed annexation area. F -101 F -201 Sec I Sec II Chapter 8 — Services, Facilities and Utilities Regional Services The proposed annexation area is in an area labeled "Interim Potential Annexation Area" on the map found in the Comprehensive Plan. The City and the County have not entered into an interlocal agreement or pre - annexation agreement for this area. The City will provide all services, except water service, upon annexation. Facilities and Services Within the proposed annexation area, all facilities and services will be Tukwila South Annexation Page 6 of 16 provided in a manner consistent with the Endangered Species Act. F -207 Within the proposed annexation area, the City of Tukwila will construct a relocated Southcenter Parkway. This project is in the City's capital facilities plan and is within the Urban Growth Area. F -227 Highline Water District serves the proposed annexation area. It is an existing Group A public water provider. F -245 The proposed annexation will have public sewers through the City of Tukwila. F -262 Because the proposed annexation area is within the Urban Growth Area, within Tukwila's Potential Annexation Area and part of a 500+ acre development, two regional storm water management facilities will be constructed to treat and detain storm run -off from the Tukwila South Project, from Southcenter Parkway, and from S 200th Street. These facilities will be privately financed and would be constructed to the standards and conditions of; the Tukwila Municipal Code, the Project 401 Water Quality Certification, and the Green River Management Agreement (GRMA) of the Green River Flood Control Zone District. F -266 A small stormwater facility for S 200`h Street runoff is within the proposed annexation area. The City of Tukwila expects to take the facility over and to be responsible for S 200`h Street runoff. Table 2 King County Countywide Planning Policies (CPPs) Met by Tukwila South Annexation Policy Chapter II — Critical Areas A. Overall Environmental Protection FW -4 Pursuant to the Comprehensive Plan, the City Council has designated the proposed annexation area as a "Sensitive Area Master Plan Overlay District" and the City will approve a Sensitive Area Master Plan (SAMP) after annexation. The SAMP will look at all sensitive areas within the 500 -acre Tukwila South Project on a comprehensive basis and provide for wetland retention, wetland enhancement, and steep slope preservation. FW -5 The Green River, one boundary of the proposed annexation area, will have amenities such as a public pedestrian/bicycle trail, an off - channel fish habitat area, improved wildlife habitat areas, and an improved levee for flood control. Multiple uses are included in the approved Tukwila South Master Plan. B. Wetlands Protection CA -1 The SAMP (see FW -4 above) is based on the wetland plans approved by Washington State Department of Ecology through its "401" Water Quality Certification issued in November, 2005. CA -3 Through approval of the SAMP, the City will ensure the protection of • • Tukwila South Annexation Page 7 of 16 CA -4 CA -9 CA -10 CA -11 CA -12 FW -11 FW -12 existing wetlands, assure no- net -loss of wetland functions, and increase the quantity and quality of wetlands which are part of the Tukwila South Project. The SAMP is based on DOE's wetland mitigation plan approved in the 401 Water Quality Certification. By designating the Tukwila South Project site as a "Sensitive Area Master Plan Overlay District" and requiring a SAMP, the City has chosen to review and evaluate wetland mitigation on a comprehensive, system basis. D. Fish & Wildlife Habitat Another feature of the Tukwila South Master Plan for the proposed annexation area is the relocation and enhancement of Johnson Creek. Currently the creek runs in a ditch across a portion of the proposed annexation; it will be relocated as a creek on the north side of S 204`h Street with buffers and vegetative planting. Johnson Creek drains the wetland area south and southwest of the proposed annexation area into the Green River. Natural hydraulic and ecological functions will be restored and maintained; runoff rate and quantity requirements will be met; future storm flows, erosion and sedimentation will be controlled. Water quality going into the Green River will be maintained or enhanced. The Muckleshoot Indian Tribe supports the off - channel fish habitat area that will be constructed in the Green River in the proposed annexation area. Additionally, Washington State Department of Fish and Wildlife has issued an HPA for the Tukwila South Project development in the proposed annexation area. E. Frequently Flooded Areas The existing levee along the Green River in the proposed annexation area provides flood hazard reduction protection. The levee will be strengthened through a levee modification proposal now under consideration by the US Army Corps of Engineers. It is anticipated that FEMA will certify the levee after reconstruction as part of the 205 Tukwila federally certified levee located just below (to the north of) the proposed annexation area. Chapter III — Land Use Patterns C. Urban Areas The proposed annexation area is within King County's Urban Growth Area (UGA); it is also within the City of Tukwila's Potential Annexation Area (PAA). Development of this site will concentrate development in an existing urban area and reduce the consumption of land outside the UGA. The proposed annexation area, and the rest of the Tukwila South Project area, provides enough land for approximately 10 million square feet of development over the next 20 years. Employment is projected to be 25,000 new jobs; housing is projected at a possible 1700 new dwelling units. These projections more than accommodate the "Unincorporated King County South" growth target of 2,341 jobs ( "Remaining Job Growth Target 2006- 2002; page V -11) shown in the King County Buildable Lands Report 2007 for the proposed annexation area, which has "Industrial" zoning and is a part Tukwila South Annexation Page 8 of 16 LU -25b LU -28 LU -29 FW -13 LU -32 LU -33 of "Unincorporated King County South." 1. Urban Growth Area Currently, King County, in conjunction with cities within its boundaries, is working on adjusting its growth targets. Now that a Development Agreement and a Master Plan have been approved, the City will include the projected 25,000 new jobs and possible 1700 new dwelling units from Tukwila South Project in its discussions with King County on growth targets. 2. Phasing Development within the Urban Growth Area The proposed annexation area is an area which is already urbanized such that infrastructure improvements can easily be extended to it. The Tukwila South Master Plan and Development Agreement provide for service extension and subsequent development over the next 20 years. Development in the proposed annexation area will not be phased in terms of major new infrastructure. The water and sanitary sewer trunk lines and at least one of the two "regional" storm water ponds to serve the entire Tukwila South Project will be installed prior to any building construction on site. Individual utility connections will be installed when individual buildings are constructed. 3. Joint Planning and Urban Growth Areas around Cities The City of Tukwila will provide local urban services to the proposed annexation area, which is within King County's Urban Growth Area. These services include fire, police, parks, roads, sanitary sewer and storm water services. Another urban service district, Highline Water District, will provide water service. The proposed annexation area is within the City of Tukwila's Potential Annexation Area (PAA). Tukwila can and will provide the full range of urban services, with the exception of water service because the proposed annexation area is within the Highline Water District service area. The timing of the proposed annexation is based on the June, 2009 adoption of the Tukwila South Master Plan and approval of the Development Agreement by the Tukwila City Council. Development (Tukwila South Project) is proposed which will receive the full range of urban services and the services are available. Chapter IV - Transportation FW -18 A variety of mobility options are included in the Tukwila South Master Plan, which applies to the proposed annexation area. The City (through grants, landowner /developer funds, and its own funds) will construct a relocated Southcenter Parkway between S 180`h Street and S 200th Street. Metro bus service is anticipated and bus turnout areas will be included in the road construction project. A public pedestrian/bicycle trail will be constructed on the levee on the eastern boundary of the proposed annexation area; it will connect with King County's regional Green River trail. T -5 Tukwila is the current end -of -the -line for Sound Transit's new Link Light Rail. Reachable by driving from the proposed annexation area, it will offer • • Tukwila South Annexation Page 9 of 16 employees in the Tukwila South Project good access north into Seattle. Also, the proposed annexation area is within 5 minutes of Sea -Tac International Airport. When Link Light Rail continues to the airport, Tukwila South Project area employees will have even more direct access to it. Sound Transit's Sounder commuter trains stop in Tukwila now and provide service to the area; a new commuter rail station is planned by Sound Transit. T -7 The Tukwila South Master Plan, adopted by the City Council in conformance with a requirement for such plans in the City's Comprehensive Plan, calls for pedestrian and bicycle facilities in Tukwila South. The Tukwila South Development Agreement provides for donation of land for a pedestrian/bicycle trail along the Green River, which will be a Tukwila park facility and connect with King County's regional Green River trail. CC -7 CC -8 CC -11 Chapter V — Community Character and Open Space D. Open Space The proposed annexation area includes significant wetlands; these are being retained and enhanced under both Department of Ecology (401 Water Quality Certification) and City (SAMP) permits. These wetlands are adjacent to wetlands within the City of Kent, which are identified as "urban separator," and act to expand the effective open space. The Green River is a significant regional amenity to the City and will be enhanced through the off - channel fish habitat to be constructed in the proposed annexation area. Also, the City has designated steep slopes on the west side of the proposed annexation area as "native growth protection easements" in order to retain the open space; these easements will be recorded. Visual access to the Green River will be maintained in the proposed annexation area through the new pedestrian/bicycle trail. Additionally, the City Council is working on a Shoreline Master Plan update which will widen the buffers along the Green River to provide more visual access and open space, as well as levee setback area. As part of the Tukwila South Master Plan and Development Agreement which apply to the proposed annexation area, wetlands will be preserved, visual access to the Green River will be provided, and public connecting corridors between the Green River and Southcenter Parkway will be developed. Additionally, development within Tukwila South will be assessed parks impact fees to help fund river access, trail construction and purchase parkland within the Tukwila South development. Chapter VII — Contiguous & Orderly Development & Provision of Urban Services to Such Development B. Urban Areas Identified for Growth for the Next Ten Years CO -10 Urban water and sanitary sewer systems will be constructed to serve all new development and redevelopment within the proposed annexation area, as well as within the full Tukwila South Project. Highline Water District will Tukwila South Annexation Page 10 of 16 provide the water service; the City of Tukwila will provide the sanitary sewer service. Chapter IX — Economic Development FW -33 Development of the proposed annexation area through the Tukwila South Master Plan and Development Agreement will contribute to the economic stability of King County in a manner which supports the Countywide land use pattern. The proposed annexation area is within the County's Urban Growth Area and is within the City's Potential Annexation Area. Development will fill the urban "hole in the donut." Chapter X — Regional Finance & Governance A. Finance and Governance Plans RF -4 The proposed annexation area is within the City's Potential Annexation Area, as approved by King County. While an interlocal agreement on service delivery does not exist, the City will provide all services to the area, with the exception of water service. Water service will be provided by Highline Water District. RF -5 The proposed annexation area is currently part of the unincorporated Urban Growth Area within the County, as well as being in the City's Potential Annexation Area. Annexation will bring the area into incorporated City of Tukwila and follow through on the original decision that this area should be part of the City of Tukwila. As mentioned in policy RF -4 above, the City will be the provider of local urban services, with the exception of water service which will be provided by Highline Water District. d. King County's adopted plan classification/zoning for the proposed annexation area is "Industrial." e. Yes, the City of Tukwila's "Environmentally Sensitive Areas" regulations, codified as TMC Chapter 18.45, will apply upon annexation, as will the City's "Shoreline Overlay" (TMC 18.44) and Shoreline Master Plan. Additionally, the City Council has designated the 512 acre Tukwila South Project area as a "Sensitive Area Master Plan Overlay District" and a Sensitive Area Master Plan (SAMP) is required, pursuant to TMC 18.45.160. The City's regulations are similar to the County's, although tailored to site specific applications due to the proximity of local government. The City is currently updating its Shoreline Master Plan, with adoption expected by December 1, 2009; this document will apply to development on the annexed property as well as the rest of Tukwila South Project site. • • • • • Tukwila South Annexation Page 11 of 16 D. Jurisdictional Comprehensive Plan 1. The City of Tukwila's Comprehensive Plan includes this proposed annexation area because it is within the City's PAA. Tukwila's Comprehensive Plan calls for a Master Plan to be proposed by the applicant and adopted by the City for any development of 40 acres or greater. The City of Tukwila adopted the Tukwila South Master Plan for the 512 acres owned by La Pianta, which includes the proposed 259 acre annexation, by Ordinance 2234. The City of Tukwila also adopted a new zoning designation called Tukwila South Overlay (TSO) District (TMC 18.41) and applied it to the 512 acre Tukwila South site. Therefore, the "adopted plan classification" for the proposed annexation area is "Tukwila South Master Plan" and the zoning that takes effect upon annexation is "TSO." 2. Yes, the City has adopted a PAA. Under the CPPs and through the GMPC, it was agreed to by the Cities of SeaTac and Kent. 3. The City's Comprehensive Plan was adopted by the City Council on December 4, 1995 with updates through December, 2008. It meets the requirements set by the State of Washington and by King County. 4. Yes, this proposed annexation is consistent with and specifically anticipated by the City's Comprehensive Plan and adoption of a PAA. Additionally, Tukwila's Comprehensive Plan calls for a Master Plan to be proposed by the applicant and adopted by the City for any development of 40 acres or greater. The City of Tukwila adopted the Tukwila South Master Plan for the 512 acres owned by La Pianta, which includes the proposed 259 acre annexation, by Ordinance 2234. 5. Water service in the proposed annexation area is provided by Highline Water District. Sanitary sewer service is provided by the City of Tukwila. 6. No, the proposed annexation area is not been the subject of an Interlocal Agreement. However, because this action annexes approximately 75% of the PAA into the City, the City Council has adopted Resolution 1561 committing to begin negotiating an interlocal agreement with King County to annex the rest of the PAA within three weeks of the effective date of this Tukwila South annexation. 7. No, the proposed annexation area has not been the subject of a pre- Annexation Zoning Agreement. 8. Tukwila's Comprehensive Plan calls for a Master Plan to be proposed by the applicant and adopted by the City for any development of 40 acres or greater within the "Tukwila Valley South" area in which the proposed annexation is located. The City of Tukwila adopted the Tukwila South Master Plan for the 512 acres owned by La Pianta, which includes the proposed 259 acre annexation, by Ordinance 2234. The Master Plan envisions the creation of a major new employment and housing base on the Tukwila South Property. The Plan calls for approximately ten million square feet of development that would be accommodated in a combination of campus style research and office environments with a mix of other supporting uses such as retail, residential, commercial, hotel and flex tech. The City of Tukwila also adopted a new zoning designation called Tukwila South Overlay (TSO) District (TMC 18.41) and Tukwila South Annexation Page 12 of 16 applied it to the 512 acre Tukwila South site Ordinance 2235. Therefore, the "adopted plan classification" for the proposed annexation area is "Tukwila South Master Plan" and the zoning that takes effect upon annexation is "TSO." E. Revenues /Expenses Planning Data Since the proposed annexation area is currently undeveloped vacant land, the City expenditures will be relatively small upon annexation. These will include police calls, fire and emergency services calls, road and storm drainage maintenance, levee maintenance and general city government. • Upon development, City expenses will increase. The City has evaluated estimated City expenses (for Fire, Parks, Police and Public Works only) and estimated Project revenues (for whole 500 acres) the Tukwila South Project over the next 20 years (Exhibit E). This evaluation shows that for the first 8 -10 years, expenses are expected to exceed revenues, using applicant- driven development growth projections. The City addressed this risk in the adopted Development Agreement through revenue guarantees by the Tukwila South Project proponent. 2. Upon annexation, the City will receive property tax revenue from the proposed annexation area. The current annual property tax is estimated to be $101,746. Upon annexation, City revenues will increase by this amount (see Exhibit F). • 3. Upon annexation, the County will not receive property taxes from the proposed annexation area. Current annual property taxes are estimated to be $101,746. 4. Upon annexation, the County will not have to maintain S 200`h St, S 204`h St, Frager Road, and the S 200`h St storm pond. 5. Upon annexation, the City's Fire Department will provide fire suppression and emergency services to the area instead of King County Fire District #24. The City's Fire Department currently provides service to this area on a "mutual aid response" basis. Fire District #24 has informed the City that it will lose 75% of its revenues because of the annexation. According to Fire District representatives, the estimated income received by the District is approximately $8,000 annually; 75% of this figure is $6,000. Due to the incorporation of the City of SeaTac, Fire District #24's boundaries were reduced to be substantially coincident with the City of Tukwila's PAA boundaries. The District does not have any stations or equipment; it contracts with the City of SeaTac for service. The contract states that revenues (no specific amount is named) received by the District through its taxing authority are given to the City of SeaTac to provide service after expenses to conduct business are deducted. (Section 3 of the contract states "The amount of payment shall equal the total amount received by the Fire District from its statutory levy less the actual cost required to maintain the Fire District legislative operation" (Commissioners, etc).) Loss of revenue from the proposed annexation area will not diminish the amount of service the District will receive from the City of SeaTac. • • • Tukwila South Annexation Page 13 of 16 6. It is estimated the Fire District will reduce the amount of funds given to the City of SeaTac by 75 %, as the area generating taxes and the area to be served will be reduced by the annexation. F. Services King County is the only political jurisdiction serving the proposed annexation area. 1. Water — No change; Highline Water District will continue to provide water service 2. Sewer Service — No change; the City of Tukwila will provide sewer service when sewers are installed. 3. Fire Service — The City of Tukwila Fire Department will provide fire and emergency services upon annexation. Fire District #24 will no longer provide service. G. General 1. No extension of service has occurred. 2. The natural boundaries of the proposed annexation area are the Green River on the east, S 204`h Street on the south, and Orillia Road on the west. The City of Tukwila city limits form the northern boundary. The majority of the site is the flat valley floor. The southern area between S 200`h and S 204`h Streets is approximately one third wetlands. The western boundary is a hillside, rising from the valley floor; small areas include steep slopes. 3. The Tukwila South Master Plan, proposed by the landowner /developer and adopted by the Tukwila City Council in June 2009, calls for up to 25,000 new jobs and a possible 1700 new dwelling units in the 500 -acre Tukwila South Development over the next 20 years. The proposed annexation includes 259 acres, about half of the area covered by the Master Plan. Therefore, approximately 12,500 new jobs and a possible 850 new dwelling units are expected over the next 20 years, with 6,250 new jobs and 425 dwelling units in the first 10 years. 4. No other municipal or community services are relevant to this proposal. 5. There will not be any delays in providing services to this proposed annexation; road construction (Southcenter Parkway) and site development will begin in Spring, 2010 immediately following completion of the annexation. 6. Utility services in the proposed annexation area are adequate for existing uses and will be upgraded as development occurs, according to the Tukwila South Master Plan. Water service is currently provided by Highline Water District and will continue to be provided by the District; the District is planning to accommodate the 10 million square feet of development anticipated in Tukwila South, including the area to be annexed. Sanitary sewer service will be provided by the City of Tukwila; the few existing buildings in the proposed annexation area are served by septic systems and will be converted. There are no alternative sources available for water and sanitary sewer service. Tukwila South Annexation Page 14 of 16 FACTORS AND OBJECTIVES A. RCW 36.93.170 Factors to be considered by the board 1. Population and territory: The existing population is Tess than one person per acre in the proposed annexation area. It is generally vacant even though the King County zoning is "Industrial." The area is in the City of Tukwila's PAA and the City Council has adopted a Master Plan for the area, in compliance with the City's Comprehensive Plan requirements. In general, the proposed annexation is surrounded by urbanization: Kent Valley warehouses, Westfield Southcenter Mall, I -5 and multifamily and single family residential development. The Tukwila South Master Plan calls for approximately 10 million square feet of development that would be accommodated in a combination of campus style research and office environments with a mix of other supporting uses such as retail, residential, commercial, hotel and flex tech. The Master Plan also calls for wetland enhancement and restoration of Johnson Creek, as well as an off - channel fish habitat area in the adjacent Green River, to address critical areas and shorelines issues at the southern end of the site. Upon development of the site, the property owners will donate a pedestrian and bicycle trail easement along the Green River, which will be a significant community facility. The topography of the proposed annexation is generally flat (valley floor) with rising hillside along the western edge of the site. Due to its location within 5 minutes of Sea -Tac International Airport and close to the intersection of two major highways (I -5 and I -405), as well as being adjacent to the largest retail mall in Western Washington, there is a strong likelihood of significant growth on the site and in adjacent incorporated areas in the next 10 years. 2. Municipal services: The City of Tukwila has adequate capacity to provide sanitary sewer service to this area, as the Highline Water District is able to provide water service. Provisions for formation of a ULID for increased sanitary sewer capacity, if and when needed, are included in the Development Agreement signed between the property owner and the City of Tukwila. PSE will provide electrical and gas service to the site; telephone and data service will be provided by existing vendors in the City. The Development Agreement between the property owner and the City of Tukwila includes financial guarantees. It sets up a mechanism whereby the property owner reimburses the City for expenses to serve the site (in the areas of • • Tukwila South Annexation Page 15 of 16 fire, parks, police and public works) in excess of the revenues generated by development on the site for the 15 -year term of the Agreement. The City Council found that this arrangement mitigated the risk to the City of large -scale development on the proposed annexation site. Additionally, the City Council required the assumption of a proportionate share of existing city indebtedness by the area to be annexed when it approved the annexation. Upon annexation, the City's Fire Department will provide fire suppression and emergency services to the area. The City's Fire Department currently provides service to this area on a "mutual aid response" basis. Fire District #24 has informed the City that it will lose 75% of its revenues because of the annexation. According to Fire District representatives, the estimated income received by the District is approximately $8,000 annually; 75% of this figure is $6,000. Due to the incorporation of the City of SeaTac, Fire District #24's boundaries were reduced to be substantially coincident with the City of Tukwila's PAA boundaries. The District does not have any stations or equipment; it contracts with the City of SeaTac for service. The contract states that revenues (no specific amount is named) received by the District through its taxing authority are given to the City of SeaTac to provide service after expenses to conduct business are deducted. (Section 3 of the contract states "The amount of payment shall equal the total amount received by the Fire District from its statutory levy less the actual cost required to maintain the Fire District legislative operation" (Commissioners, etc).) Loss of revenue from the proposed annexation area will not diminish the amount of service the District will receive from the City of SeaTac. 3. The effect of the proposal or alternative on adjacent areas, on mutual economic and social interests, and on the local government structure of the county: The effect of the annexation will be to implement the Growth Management Act, to incorporate an area already within King County's Urban Growth Area, and to complete a process started when the area was designated as the City of Tukwila's Potential Annexation Area (PAA). Since the area is so sparsely settled, little will change on a day -to -day basis as a direct result of the annexation for the residents. B. RCW 36.93.180 Objectives of boundary review board 1. Preservation of natural neighborhoods and communities: This proposed annexation is an extension of the "neighborhood" of the Tukwila urban center and commercial development in the Kent Valley. Geographically, the proposed annexation area is on the valley floor and adjacent to the Green River, as is the urban Southcenter area. As part of Tukwila's Potential Annexation Area, the proposed annexation continues the Tukwila community. 2. Use of physical boundaries, including but not limited to bodies of water, highways and land contours: Tukwila South Annexation Page 16 of 16 The proposed annexation uses physical features to help determine its boundaries. The Green River is the east boundary, S 204" Street is the south boundary, Orillia Road is the west boundary and the existing Tukwila city limits is the north boundary. 3. Creation and preservation of logical service areas: The proposed annexation is within the Highline Water District service area and the City of Tukwila's sanitary sewer service area. These are logical service areas and are being preserved. 4. Prevention of abnormally irregular boundaries: Irregular boundaries are not created by the proposed annexation. Existing water features and roads are used as the proposed annexation's boundaries. This annexation includes the majority of Tukwila's Potential Annexation Area. 5. Discouragement of multiple incorporations of small cities and encouragement of incorporation of cities in excess of 10,000 population in heavily populated urban areas: Not applicable. 6. Dissolution of inactive special purpose districts: Not applicable. 7. Adjustment of impractical boundaries: Not applicable. 8. Incorporation as cities or town or annexations to cities or towns of unincorporated areas which are urban in character: The proposed annexation brings an area planned for urban development into an existing city which is urban in character. The proposed annexation area is planned for approximately 10 million square feet of commercial development; adjacent to the proposed annexation, the City of Tukwila has approximately 12 million square feet of commercial development existing in the Southcenter area. 9. Protection of agricultural and rural lands which are designated for long term productive agricultural and resource use by a comprehensive plan adopted by the county legislative authority: Not applicable. • • • Exhibit A CERTIFICATION I, Christy O'Flaherty, City Clerk of the City of Tukwila, Washington, do hereby certify that this is a true and correct copy of City of Tukwila, Ordinance #2241, adopted by the Tukwila City Council at a Regular Meeting thereof on June 15, 2009. Dated this 30th day of July 2009. • Christy O'Flaheerty, CMC, City Cle City of Tukwila, Washington • City of Tukwila Washington Ordinance No. q 1 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, ANNEXING APPROXIMATELY 259 ACRES OF REAL PROPERTY KNOWN AS THE "TUKWILA SOUTH PROJECT PROPERTY;" PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, RCW 35A.14.120 provides that "proceedings for initiating annexation of unincorporated territory to a charter code city or non - charter code city may be commenced by the filing of a petition of property owners of the territory proposed to be annexed," but that "prior to the circulation of a petition for annexation, the initiating party or parties, who shall be the owners of not less than 10% 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 "; and WHEREAS, La Pianta LLC is the sole owner of approximately 259 acres of real property known as the "Tukwila South Project Property "; and WHEREAS, on November 12, 2004, La Pianta LLC submitted a Request for Annexation ( "Request "), which was signed by owners of not less than 10% of the value of the property included in the Request; and WHEREAS, on January 18, 2005, the City Council met with the initiating parties as part of its regular City Council meeting pursuant to RCW 35A.14.120; and WHEREAS, on January 18, 2005, the City Council unanimously voted to accept the Request, and to authorize the initiating parties to circulate the Petition for Annexation seeking the signatures of the owners of 60% of the assessed valuation of property within the proposed annexation ( "Petition "), on the following conditions: (1) simultaneous adoption of zoning regulations, and (2) petition signers' consent to the assumption of the proposed annexation area's proportionate share of existing City indebtedness, if any; and WHEREAS, on June 8, 2009, during its regular meeting, the City Council approved the related Tukwila South Development Agreement and other related land use issues, and La Pianta LLC submitted its signed Petition; and WHEREAS, on June 8, 2009, the Tukwila City Council held a public hearing following publication of notice thereof as provided in RCW 35A.14.130, and that public hearing was continued to the June 15, 2009 Regular Meeting to accept additional public comments; and WHEREAS, the Tukwila City Council desires to annex the area described and shown in the Petition, attached hereto and incorporated here by reference as Attachment A; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Annexation. The City of Tukwila hereby annexes the Tukwila South Property, which is legally described in Exhibit A and depicted on the map in Exhibit B. W: \Word Processing\ Ordinances \Tukwila South Annexation.doc LV ksn 06/15/2009 Page 1 of 2 The Tukwila City Council minutes from the January 18, 2005 Council meeting are hereby attached as Exhibit C and a full annexation parcel list is shown on Exhibit D. All said attachments/ exhibits are attached hereto and incorporated herein by reference. Section 2. Conditions Upon Annexation. A. Comprehensive Plan, Shoreline Master Plan, and Zoning Designations. The annexed property shall be subject to the Comprehensive Plan, Master Plan, Shoreline Master Plan map amendment to designate the property as Urban Environment and the Tukwila South Overlay District zoning regulations as set forth in the Tukwila South Project Development Agreement, adopted on June 8, 2009. B. Assumption of Existing Indebtedness. The Tukwila South Property shall be assessed and taxed at the same rate and on the same basis as the property in the City of Tukwila is assessed and taxed to pay for the portion of outstanding City indebtedness, if any, which indebtedness has been approved by the voters, contracted for, or incurred prior to, or existing at, the effective date of the annexation in Section 1 of this ordinance. Section 3. Preparation of Notice of Intent to Annex. The City Administrator, and /or her designee, is hereby authorized and directed to prepare and submit a Notice of Intention to Annex to the King County Boundary Review Board no later than 180 days after the effective date of this ordinance. The City Administrator, and /or her designee, is hereby authorized and directed to take such other steps with respect to said Notice of Intention or otherwise as deemed necessary to implement the annexation in Section 1 of this ordinance. Section 4. Severability. Should any section, paragraph, sentence, clause or phrase of this ordinance, or its application to any person or circumstance, be declared unconstitutional or otherwise invalid for any reason, or should any portion of this ordinance be pre - empted by state or federal law or regulation, such decision or pre- emption shall not affect the validity of the remaining portions of this ordinance or its application to other persons or circumstances. Section 5. Certification of Ordinance to King County. Pursuant to RCW 35A.14.140, upon passage the City Clerk is directed to file a certified copy of this ordinance with the King County Council. Section 6. 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 days after passage and publication as provided by law, except that Sections 1 and 2 of this ordinance shall not be effective until the effective date of approval of the King County Boundary Review Board pursuant to Chapter 36.93 RCW. PASSED BY THE CITY COUNCIL OF THE CITY OF WILA, WASHINGTON, at a Regular Meeting thereof this 1 5 )14 day of Q , 2009. ATTEST/ AUTHENTICATED: Christy O'Flaherty, CMC, City Clerk 2 7 aggert.� /v4 . yor Filed with the City Clerk: (, -10 -0 APPROVED AS TO • RM BY: Passed by the City Council: to -1 S - e City A orney Published: Ordinance Number: a U Effective Date: Attachments: Attachment A - Owner's Petition for Annexation Exhibit A - Legal Description of the Annexed Property Exhibit B - Map of Tukwila South Annexation Area Exhibit C - Minutes of the January 18, 2005 Council Meeting Exhibit D - Tukwila South Annexation Parcel List W: \Word Processing\ Ordinances \Tukwila South Annexation.doc LV:ksn 06/15/2009 Page 2of2 • • • OWNER'S PETITION FOR ANNEXATION TO THE CITY OF TUKWILA, WASHINGTON The Honorable Mayor and City Council City of Tukwila 6200 Southcenter Boulevard Tukwila WA, 98188 Dear Mayor and City Council: THE UNDERSIGNED, being the OWNER of greater than sixty percent (60 %) in value of the real property described on EXHIBIT A and listed in EXHIBIT D attached hereto lying contiguous to the City of Tukwila, Washington, does hereby petition that such territory be annexed to and made a part of the City of Tukwila, Washington under the provisions of RCW 35A.14, et seq., and any amendment thereto, of the State of Washington. The territory proposed to be annexed is located within King County, Washington and is described on EXHIBIT A attached hereto and depicted on EXHIBIT B by a diagram which outlines the boundaries of the property sought to be annexed, also attached hereto. At its regular meeting on January 18, 2005, the Tukwila City Council voted unanimously to accept the previous 10% Request for Annexation, to authorize the circulation of this Petition for Annexation (60% Petition), subject to the following conditions: 1. All property within the territory hereby sought to be annexed shall be subject to all City zoning and land use requirements immediately upon annexation, and 2. All property within the territory hereby sought to be annexed shall bear its proportionate share of existing city indebtedness. A copy of the minutes of that meeting is attached as EXHIBIT C. WHEREFORE, the undersigned respectfully petitions the Honorable City Council of the City of Tukwila and asks and agrees as follows: 1. That appropriate action be taken to entertain this petition, fixing a date for public hearing, causing notice to be published and posted specifying the time and place of ATTACHMENT A such hearing, and inviting all persons interested to appear and voice approval or disapproval of such annexation; and 2. That following such hearing and any other necessary approvals, the City Council determine by ordinance that such annexation shall be effective; and that property so annexed shall become a part of the City of Tukwila, Washington subject to its laws and ordinances immediately upon annexation. 3. That the zoning and land use regulations for the area proposed for annexation be amended consistent with the City's Comprehensive Plan and ordinances and the Development Agreement dated June 10, 2009 between the undersigned and the City of Tukwila, and that said zoning be implemented and effective immediately upon annexation. 4. That all property within the territory hereby sought to be annexed shall be assessed and taxed on the same basis as property within the City of Tukwila is assessed and taxed to pay for the portion of any then - outstanding indebtedness. WARNING: Every person who signs this petition with any other than his or her true name, or who knowingly signs more than one of these petitions, or signs a petition seeking an election when he or she is not a legal voter, or signs a petition when he or she is otherwise not qualified to sign, or who makes herein any false statement, shall be guilty of a misdemeanor. Date: June 10, 2009 PROPERTY OWNER: LA PIANTA LLC, a Washington Limited Liability Company By Metro Land Development, Inc., a Washington corporation, its Manager By: M.A. Segale, P ident • • • • EXHIBIT A LEGAL DESCRIPTION OF THE ANNEXED PROPERTY PARCEL 352304 -9050: THAT PORTION OF GOVERNMENT LOT 7 IN SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., LYING NORTHWESTERLY OF COUNTY ROAD KNOWN AS 57TH AVENUE SOUTH; EXCEPT THAT PORTION THEREOF DESCRIBED AS FOLLOWS: BEGINNING AT AN IRON PIPE SET AT THE INTERSECTION OF THE NORTH LINE OF SAID GOVERNMENT LOT 7, WITH THE WEST LINE OF SAID COUNTY ROAD; THENCE WEST ALONG THE SAID NORTH LINE, 210 FEET, MORE OR LESS, TO AN IRON PIPE AT THE FOOT OF THE HILL; THENCE SOUTHERLY ALONG THE FOOT OF THE HILL 259 FEET, MORE OR LESS, TO AN IRON PIPE SET IN THE WESTERLY LINE OF THE SAID COUNTY ROAD; THENCE NORTHWESTERLY 313 FEET, MORE OR LESS, ALONG SAID COUNTY ROAD, TO THE TRUE POINT OF BEGINNING; SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON. PARCEL 352304 -9078: • THAT PORTION OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST W.M., DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID SECTION 35; THENCE NORTH 05°44'13" EAST ALONG THE WESTERLY LIMIT OF SAID SECTION 833.82 FEET; THENCE SOUTH 87°57'17" EAST PARALLEL TO THE NORTH LINE OF SAID SUBDIVISION 433.99 FEET TO THE EASTERLY RIGHT - OF -WAY MARGIN OF PRIMARY STATE HIGHWAY NO. 1, SOUTH 188TH STREET INTERCHANGE, AND THE TRUE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE CONTINUING SOUTH 87°57'17" EAST 61.01 FEET; THENCE SOUTH 228.89 FEET TO A POINT ON SAID RIGHT -OF -WAY MARGIN OPPOSITE ENGINEER'S STATION JR 36 -00; THENCE SOUTH 82 °46'30" WEST 59.85 FEET; THENCE NORTH 07 °13'30" WEST 106.15 FEET; THENCE ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 315 FEET, AN ARC DISTANCE OF 134.83 FEET TO THE TRUE POINT OF BEGINNING; EXCEPT ANY PORTION, IF ANY, LYING WITHIN PRIMARY STATE HIGHWAY NO. 1 (SR5) (SOUTH 188TH STREET INTERCHANGE); SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 352304 -9041: THAT PORTION OF THE SOUTHWEST'' 'A OF THE SOUTHWEST Vt AND OF • GOVERNMENT LOT 7 IN SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE EASTERLY LINE OF THE COUNTY ROAD IN GOVERNMENT LOT 7 OF SAID SECTION, EXHIBIT A FROM WHICH POINT THE SOUTHWEST CORNER OF SAID SECTION 35, BEARS SOUTH 00° 56' 40" WEST 1,048.79 AND NORTH 89° 03' 20" WEST 1,656.75 FEET, MEASURED RESPECTIVELY AT RIGHT ANGLES TO AND ALONG THE SOUTH LINE OF SAID SECTION; THENCE SOUTH 08° 13' 05" EAST 36.70 FEET; THENCE SOUTH 19° 59' 25" WEST 520.10 FEET; THENCE SOUTH 73° 05' 40" EAST 233.32 FEET; THENCE NORTH 16° 29' 55" EAST 474.00 FEET; THENCE SOUTH 64° 17' 20" EAST 232 FEET, MORE OR LESS, TO THE BANK OF THE GREEN RIVER; THENCE SOUTHERLY AND EASTERLY, ALONG SAID RIVER BANK, TO THE SOUTH LINE OF SAID SECTION 30; THENCE NORTH 89° 03' 20" WEST ALONG SAID SOUTH LINE TO THE EASTERLY LINE OF SAID COUNTY ROAD; THENCE NORTHERLY FOLLOWING SAID ROAD LINE TO THE POINT OF BEGINNING; EXCEPT THAT PORTION DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID SECTION 35; THENCE SOUTH 87° 58' 28" EAST 1,312.95 FEET, ALONG THE SOUTH LINE THEREOF, TO A POINT ON THE EASTERLY LINE OF FRAGER ROAD (40.00 FEET WIDE); THENCE NORTH 01° 54' 58" WEST 145.53 FEET ALONG SAID LINE; THENCE ALONG THE CENTERLINE OF A 20.00 FOOT WIDE EASEMENT FOR PURPOSES OF INGRESS AND EGRESS, THE FOLLOWING COURSES AND DISTANCES: NORTH 88° 05' 02" EAST 131.00 FEET TO THE BEGINNING OF A 50.00 FOOT RADIUS CURVE TO THE LEFT; THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 62° 10' 00" AND AN ARC LENGTH OF 54.25 FEET; THENCE NORTH 25° 55' 02" EAST 13.34 FEET TO THE BEGINNING OF A 50.00 FOOT RADIUS CURVE TO THE RIGHT; THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 83° 13' 26" AND AN ARC LENGTH OF 44.41 FEET; THENCE SOUTH 70° 51' 32" EAST 121.13 FEET TO THE END OF SAID EASEMENT; THENCE SOUTH 19° 08' 28" WEST 10.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUE SOUTH 19° 08' 28" WEST 100.00 FEET; THENCE NORTH 70° 51' 32" WEST 100.00 FEET; THENCE NORTH 19° 08' 28" EAST 100.00 FEET; THENCE SOUTH 70° 51' 32" EAST 100.00 TO THE TRUE POINT OF BEGINNING; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 352304 -9117: THAT PORTION OF THE SOUTHEAST 'A OF THE SOUTHWEST'' 'A OF SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST W.M., DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID SECTION 35; THENCE SOUTH 87 °58'28" EAST 1,312.95 FEET, ALONG THE SOUTH LINE THEREOF, TO A POINT ON THE EASTERLY LINE OF FRAGER ROAD (40.00 FEET WIDE); THENCE NORTH 01 °54'58" WEST 145.53 FEET ALONG SAID LINE; THENCE ALONG THE CENTERLINE OF A 20.00 FOOT WIDE EASEMENT FOR PURPOSES OF INGRESS AND EGRESS THE FOLLOWING COURSES AND DISTANCES; NORTH 88 °05'02" EAST 131.00 FEET TO THE BEGINNING OF A 50.00 FOOT RADIUS CURVE TO THE LEFT; THENCE, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 62 °10'00" AND AN ARC LENGTH OF 54.25 FEET; THENCE NORTH 25 °55'02" EAST 13.34 FEET TO THE BEGINNING OF A 50.00 • • • • FOOT RADIUS CURVE TO THE RIGHT; THENCE, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 83 °13'26" AN ARC LENGTH OF 44.41 FEET;THENCE SOUTH 70 °51'32" EAST 121.13 FEET TO THE END OF SAID EASEMENT; THENCE SOUTH 19 °08'28" WEST 10.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUE SOUTH 19 °08'28" WEST 100.00 FEET; THENCE NORTH 70 °51'32" WEST 100.00 FEET; THENCE NORTH 19 °08'28" EAST 100.00 FEET; THENCE SOUTH 70 °51'32" EAST 100.00 FEET TO THE POINT OF BEGINNING; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 022204 -9037: THAT PORTION OF GOVERNMENT LOTS 10 AND 11 IN SECTION 2, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING ON THE NORTH LINE OF SAID SECTION, AT A POINT SOUTH 89° 03' 20" EAST, 1,314.12 FEET FROM THE NORTHWEST CORNER THEREOF; THENCE SOUTH 77° 19' 20" EAST 269.06 FEET; THENCE SOUTH 15° 04' 10" WEST 311.46 FEET; THENCE SOUTH 88° 33' 10" WEST 198.77 FEET; THENCE NORTH 02° 41' 45" EAST 140.14 FEET; THENCE NORTH 72° 37' 15" WEST TO THE EAST LINE OF THE 40 FOOT COUNTY ROAD, AS ESTABLISHED AND USED ON APRIL 30, 1951 ` FRAGER ROAD'; THENCE NORTHERLY ALONG SAID EASTERLY ROAD • LINE TO THE NORTH LINE OF SAID. SECTION; THENCE EAST ALONG SAID NORTH SECTION LINE TO THE POINT OF BEGINNING; EXCEPT THAT PORTION THEREOF LYING SOUTHERLY AND EASTERLY OF THE FOLLOWING DESCRIBED LINE: BEGINNING ON THE EASTERLY LINE OF SAID TRACT, AT A POINT 164.83 FEET SOUTHERLY OF THE NORTHEAST CORNER THEREOF; THENCE NORTH 74° 01' 20" WEST 96.81 FEET; THENCE NORTH 67° 09' 20" WEST 131.54 FEET; THENCE SOUTH 05° 44' 15" WEST 225.46 FEET TO THE SOUTHERLY LINE OF SAID TRACT AND THE TERMINUS OF SAID LINE; AND EXCEPT THAT PORTION, IF ANY, LYING WITHIN FRAGER ROAD; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 022204 -9040: THAT PORTION OF GOVERNMENT LOTS 10 AND 11 IN SECTION 2, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTH LINE OF SAID SECTION, FROM WHICH POINT THE NORTHWEST CORNER THEREOF BEARS NORTH 89° 03' 20" WEST, A DISTANCE OF 1,314.12 FEET; THENCE SOUTH 77° 19' 20" EAST, 269.06 FEET; THENCE SOUTH 15° 04' 10" WEST, 164.83 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING SOUTH 15° 04' 10" WEST 146.63 FEET; THENCE SOUTH 88° 33' 10" WEST 198.77 FEET; THENCE NORTH 05° 44' 15" • EAST 225.46 FEET; THENCE SOUTH 67° 09' 20" EAST, 131.54 FEET; THENCE SOUTH 74° 01' 20" EAST, 96.81 FEET TO THE TRUE POINT OF BEGINNING; EXCEPTING THEREFROM ANY PORTION OF FRAGER COUNTY ROAD, IF ANY, THAT LIES WITHIN THE LAND HEREINABOVE DESCRIBED; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 022204 -9033: THAT PORTION OF GOVERNMENTS LOTS 10 AND 11 IN SECTION 2, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE WEST LINE OF SAID SECTION 2, FROM WHICH THE NORTHWEST CORNER OF SAID SECTION BEARS NORTH 01° 55' 10" WEST, A DISTANCE OF 217.06 FEET; THENCE , ALONG SAID WEST LINE, SOUTH 01° 55' 10" EAST 343.94 FEET; THENCE NORTH 88° 04' 50" EAST, 181.50 FEET; THENCE SOUTH 01° 55' 10" EAST 347.90 FEET TO THE NORTH LINE OF THAT CERTAIN TRACT OF LAND CONVEYED TO JOSEPH GUNTER UNDER KING COUNTY RECORDING NO. 3526897; THENCE SOUTH 89° 38' 20" EAST, ALONG SAID NORTH LINE, AND THE SAME PRODUCED TO THE WESTERLY BANK OF GREEN RIVER; THENCE NORTHERLY AND EASTERLY, ALONG SAID RIVER BANK, TO THE NORTH LINE OF SAID SECTION 2; THENCE NORTH 89° 03' 20" WEST, ALONG SAID NORTH LINE, TO A POINT FROM WHICH THE NORTHWEST CORNER OF SAID SECTION BEARS NORTH 89° 03' 20" WEST, A DISTANCE OF 1,314.12 FEET; THENCE SOUTH 77° 19' 20" EAST, 269.06 FEET; THENCE SOUTH 15° 04' 10" WEST 311.46 FEET; THENCE SOUTH 88° 33' 10" WEST 198.77 FEET; THENCE NORTH 02 °41' 45" EAST 140.14 FEET; THENCE NORTH 72° 37' 15" WEST 373.20 FEET; THENCE SOUTH 57° 55' 05" WEST 320.85 FEET; THENCE SOUTH 73° 44' 00" WEST 208.18 FEET; THENCE SOUTH 17° 47' 50" WEST 250.67 FEET; THENCE NORTH 45° 27' 10" WEST 549.48 FEET, TO THE POINT OF BEGINNING; EXCEPT THAT PORTION THEREOF LYING WESTERLY OF THE EASTERLY MARGIN OF FRAGER ROAD; TOGETHER WITH THAT PORTION OF GOVERNMENT LOT 10 IN SECTION 2, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., LYING EASTERLY OF FRAGER ROAD, WESTERLY OF THE WESTERLY BANK OF THE GREEN RIVER, AND SOUTHERLY OF THE EASTERLY EXTENSION OF THE NORTH LINE OF THAT CERTAIN TRACT OF LAND CONVEYED TO JOSEPH GUNTER UNDER KING COUNTY RECORDING NO. 3526897; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 352304 -9016: THAT PORTION OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID SUBDIVISION; THENCE SOUTH 87 °59'06" EAST ALONG THE SOUTH LINE THEREOF 507.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 87 °59'06" EAST 328.00 FEET; THENCE NORTH 16 °56'40" EAST 262.12 FEET; THENCE NORTH 47 °11'37" WEST TO THE EASTERLY • • RIGHT -OF -WAY MARGIN OF PRIMARY STATE HIGHWAY NO. 1; THENCE SOUTHERLY ALONG SAID MARGIN TO A POINT AT ITS INTERSECTION WITH THE NORTHEASTERLY LINE OF THAT CERTAIN TRACT OF LAND PREVIOUSLY CONVEYED BY DEED RECORDED IN VOLUME 1522 OF DEEDS, PAGE 526, UNDER KING COUNTY RECORDING NO. 2722034; THENCE SOUTHEASTERLY ALONG THE NORTHEASTERLY LINE OF SAID TRACT TO THE TRUE POINT OF BEGINNING; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 022204 -9008: THAT PORTION OF THE NORTHWEST Vi OF THE NORTHWEST 'Y4 OF SECTION 2, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., LYING EASTERLY OF THE EASTERLY RIGHT OF WAY MARGIN OF PRIMARY STATE HIGHWAY NO. 1, WESTERLY OF FRAGER ROAD (MESS COUNTY ROAD NO. 76), SOUTHERLY OF THE NORTH LINE OF SAID SECTION 2, AND NORTHERLY OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT THE NORTHWEST CORNER OF SAID SECTION 2; THENCE SOUTH 87° 59' 06" EAST, ALONG THE NORTH LINE OF SAID SECTION, TO THE WESTERLY MARGIN OF FRAGER ROAD (MES S' COUNTY ROAD NO. 76); THENCE SOUTHERLY ALONG SAID MARGIN, SOUTH 01° 53' 23" EAST, 15.28 FEET; THENCE CONTINUING SOUTH ALONG • SAID MARGIN, ALONG A CURVE TO THE RIGHT, HAVING A RADIUS OF 1,780.00 FEET, THROUGH A CENTRAL ANGLE OF 06° 10' 20 ", AN ARC DISTANCE OF 191.75 FEET TO THE TRUE POINT OF BEGINNING OF SAID LINE; THENCE NORTH 72° 37' 15" WEST 338.36 FEET; THENCE SOUTH 57° 55' 05" WEST 320.85 FEET; THENCE SOUTH 73° 44' 15" WEST 208.18 FEET; THENCE SOUTH 17° 47' 50" WEST 250.67 FEET; THENCE NORTH 45° 27' 10" WEST TO THE SOUTHEASTERLY RIGHT OF WAY MARGIN OF PRIMARY STATE HIGHWAY NO. 1, AND THE TERMINUS OF SAID LINE; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 352304 -9066: THAT PORTION OF THE SOUTHWEST 1/4 OF SOUTHWEST 1/4 OF SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING AT INTERSECTION OF EASTERLY MARGIN OF ORILLA COUNTY ROAD EXTENSION WITH SOUTH LINE OF SUBDIVISION; THENCE EAST ALONG SOUTH LINE 245 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING EAST ALONG SOUTH LINE TO A POINT 507 FEET EASTERLY OF SOUTHWEST CORNER OF SECTION; THENCE NORTH 26 °48'20" WEST TO NORTH LINE OF SOUTH 125 FEET OF SUBDIVISION; THENCE NORTH 87 °58'28" WEST 86 FEET, MORE OR LESS; THENCE SOUTH 15 °00'00' EAST TO BEGINNING; EXCEPT THAT PORTION LYING WITHIN PRIMARY STATE • HIGHWAY NO. 1 (SR 5) (SOUTH 188TH STREET INTERCHANGE); SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 352304 -9065: THAT PORTION OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING AT INTERSECTION OF EASTERLY MARGIN OF ORILLA COUNTY ROAD EXTENSION WITH SOUTH LINE OF SUBDIVISION; THENCE SOUTH 87 °58'28" EAST 165 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 87 °58'28" EAST 80 FEET; THENCE NORTH 15 °00'00" WEST TO NORTH LINE OF SOUTH 125 FEET OF SAID SUBDIVISION; THENCE NORTH 87 °58'28" WEST 80 FEET; THENCE SOUTH 15 °00'00' EAST TO THE TRUE POINT OF BEGINNING; EXCEPT THAT PORTION LYING WITHIN PRIMARY STATE HIGHWAY NO. 1 (SR5) (SOUTH 188TH STREET INTERCHANGE); SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 022204 -9043: THAT PORTION OF GOVERNMENT LOT 10 IN SECTION 2, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTH LINE OF SAID SECTION 2, WHICH IS SOUTH 87° 59' 06" EAST 835.00 FEET FROM THE NORTHWEST CORNER OF SAID SECTION 2; THENCE SOUTH 42° 48' 17" EAST 165.27 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 57° 55' 05" WEST 320.85 FEET; THENCE SOUTH 73° 44' 15" WEST 208.18 FEET; THENCE SOUTH 17° 47' 50" WEST 250.67 FEET; THENCE SOUTH 45° 27' 10" EAST 216.97 FEET; THENCE SOUTH 31° 12' 21" WEST 731.63 FEET; THENCE SOUTH 88° 43' 44" EAST 896.82 FEET TO THE WESTERLY MARGIN OF MESS COUNTY ROAD NO. 76 (FRAGER ROAD) AND A POINT ON THE ARC OF A CURVE, FROM WHICH THE RADIUS POINT BEARS NORTH 74° 07' 22" WEST, A DISTANCE OF 710.00 FEET; THENCE NORTHEASTERLY ALONG SAID WESTERLY MARGIN, ALONG A CURVE TO THE LEFT, THROUGH A CENTRAL ANGLE OF 01° 58' 59 ", HAVING A RADIUS OF 710.00 FEET, AN ARC DISTANCE FO 24.57 FEET; THENCE NORTH 13 53' 39" EAST 353.86 FEET TO A POINT ON A CURVE TO THE LEFT, HAVING A RADIUS OF 1,090.00 FEET, THROUGH A CENTRAL ANGLE OF 06° 30' 49 ", AN ARC DISTANCE OF 123.92 FEET; THENCE NORTH 07° 22' 50" EAST 584.35 FEET TO A POINT OF CURVE; THENCE ALONG A CURVE TO THE LEFT, HAVING A RADIUS OF 1,780.00 FEET, THROUGH A CENTRAL ANGLE OF 03° 05' 53 ", AN ARC DISTANCE FO 96.25 FEET; THENCE NORTH 72° 37' 15" WEST 338.36 FEET TO THE TRUE POINT OF BEGINNING; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 022204 -9057: THAT PORTION OF GOVERNMENT LOT 10 IN THE NORTHWEST `/4 OF THE NORTHWEST `/4 OF SECTION 2, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., BEING MORE PARTICULARILY DESCRIBED AS FOLLOWS: BEGINNING AT • • THE NORTHWEST CORNER OF SAID SECTION 2; THENCE SOUTH 01° 09' 08" EAST 217.06, ALONG THE WEST LINE OF SECTION 2, TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 45° 27' 10" EAST 766.45 FEET; THENCE SOUTH 31° 12' 21" WEST 731.63 FEET; THENCE SOUTH 88° 45' 19" EAST 896.82 FEET TO THE WEST MARGIN OF FRAGER ROAD; THENCE SOUTHERLY ALONG SAID WEST MARGIN OF FRAGER ROAD, TO THE SOUTH LINE OF SAID NORTHWEST 1/4 OF THE NORTHWEST 1/4; THENCE WEST ALONG SAID SOUTH LINE TO THE WEST LINE OF SAID NORTHWEST 1/4 OF THE NORTHWEST'' /4; THENCE NORTH ALONG SAID WEST LINE TO THE TRUE POINT OF BEGINNING; EXCEPT THAT PORTION THEREOF, DESCRIBED AS: BEGINNING AT THE NORTHWEST CORNER OF SAID SECTION 2, PROCEED SOUTH 01° 09' 08" EAST 1,392.41, ALONG THE WEST LINE OF SECTION 2, TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 88° 45' 19" EAST 145.55 FEET TO THE SOUTHWEST CORNER OF THE M. A. SEGALE PROPERTY AS SHOWN ON THE RECORDED SURVEY NO. 7707280568, FILED IN VOLUME 4 OF SURVEYS, PAGE 239, RECORDS OF KING COUNTY; THENCE SOUTH 11° 41' 30" WEST 352.30;THENCE SOUTH 78° 09' 50" WEST 236.01 FEET; THENCE NORTH 29° 00' 00" WEST 99.12 FEET; THENCE NORTH 11° 26' 35" EAST 51.27 FEET; THENCE NORTH 36° 52' 33" EAST 324.55 FEET TO THE TRUE POINT OF BEGINNING; • AND EXCEPT THAT PORTION THEREOF, DESCRIBED AS FOLLOWS: BEGINNING ON THE WEST LINE OF SAID SECTION 2, AT A POINT SOUTH 01° 55' 10" EAST 812.83 FEET FROM THE NORTHWEST CORNER THEREOF; THENCE NORTH 37° 42' 25" EAST 12.78 FEET; THENCE SOUTH 42° 49' 45" EAST 193.04 FEET; THENCE SOUTH 30° 11' 35" WEST 85.52 FEET; THENCE NORTH 58° 59' 10" WEST 104.89 FEET TO THE WEST LINE OF SAID SECTION 2; THENCE NORTH 01° 55' 10" WEST 150.65 FEET TO THE POINT OF BEGINNING; AND EXCEPT THAT PORTION WITHIN PRIMARY STATE HIGHWAY NO. 1 (INTERSTATE HIGHWAY NO. 5); SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 032204 -9047: THAT PORTION OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 IN SECTION 3, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., LYING SOUTHEASTERLY OF ORILLIA ROAD EXTENSION COUNTY ROAD AND PRIMARY STATE HIGHWAY NO. 1 (INTERSTATE 5); EXCEPT THAT PORTION THEREOF LYING WITHIN THE FOLLOWING DESCRIBED TRACT: BEGINNING AT THE NORTHWEST CORNER OF SECTION 2 IN SAID TOWNSHIP 22 NORTH; THENCE PROCEED SOUTH 01° 09' 08" EAST, 1,392.41 FEET ALONG THE WEST LINE OF SAID SECTION 2, TO THE POINT OF BEGINNING; THENCE SOUTH 88° 45' 19" EAST 145.55 FEET TO THE SOUTHWEST CORNER OF THE M.A. SEGALE • PROPERTY AS SHOWN ON THE RECORDED SURVEY NO. 7707280568, FILED IN VOLUME 4 OF SURVEYS, PAGE 239, RECORDS OF KING COUNTY; THENCE SOUTH 11° 41' 30" WEST 352.30 FEET; THENCE SOUTH 78° 09' 50" WEST 236.01 FEET; THENCE NORTH 29° 00' 00" WEST 99.12 FEET; THENCE NORTH 11° 26' 35" EAST 51.27 FEET; THENCE NORTH 36° 52' 33" EAST 324.55 FEET TO THE POINT OF BEGINNING; AND EXCEPT THAT PORTION THEREOF CONVEYED TO KING COUNTY BY DEED RECORDED UNDER RECORDING NO. 6013508; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 032204 -9106: A PORTION OF THE WEST 1/2 OF THE NORTHWEST 1/2 OF SECTION 2 AND THE EAST'' /z OF THE NORTHEAST 'A OF SECTION 3, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., BEING MORE PARTICULARILY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID SECTION 2, PROCEED SOUTH 01° 09' 08" EAST 1,392.41, ALONG THE WEST LINE OF SECTION 2, TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 88° 45' 19" EAST 145.55 FEET TO THE SOUTHWEST CORNER OF THE M. A. SEGALE PROPERTY AS SHOWN ON THE RECORDED SURVEY NO. 7707280568, FILED IN VOLUME 4 OF SURVEYS, PAGE 239, RECORDS OF KING COUNTY;THENCE SOUTH 11° 41' 30" WEST 352.30;THENCE SOUTH 78° 09' 50" WEST 236.01 FEET; THENCE NORTH 29° 00' 00" WEST 99.12 FEET; THENCE NORTH 11° 26' 35" EAST 51.27 FEET; THENCE NORTH 36° 52' 33" EAST 324.55 FEET TO THE TRUE POINT OF BEGINNING; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 023900 -0352: THAT PORTION OF GOVERNMENT LOT 6 IN SECTION 3, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., LYING EASTERLY OF ORILLIA ROAD SOUTH AS CONVEYED BY DEED RECORDED UNDER RECORDING NO. 6016781, AND NORTH OF SOUTH 200TH STREET; EXCEPT THAT PORTION THEREOF CONDEMNED IN KING COUNTY SUPERIOR COURT CAUSE NO. 98 -2- 18787 -5 KNT; (BEING ALSO KNOWN AS A PORTION OF LOTS 105 AND 106 IN ANGLE LAKE SHORE ACRES DIVISION 2 UNRECORDED); SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 032204 -9100: THE WEST 37 RODS (610.5 FEET) OF THE SOUTHEAST 1/2 OF THE NORTHEAST '/4 OF SECTION 3, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M.; EXCEPT THOSE PORTIONS THEREOF CONVEYED TO KING COUNTY FOR ROAD PURPOSES BY DEEDS RECORDED UNDER RECORDING NOS. 1168064, 2751663, AND 6016780; AND EXCEPT THAT PORTION CONVEYED TO THE STATE OF WASHINGTON FOR PRIMARY STATE HIGHWAY NO. 1, BY DEED RECORDED UNDER RECORDING NO. 5191889; AND EXCEPT THAT PORTION LYING NORTHWESTERLY OF 51ST PLACE SOUTH (ORILLIA ROAD SOUTH); AND • • EXCEPT THAT PORTION CONDEMNED BY THE CITY OF KENT, FOR RIGHT OF WAY IN KING COUNTY SUPERIOR COURT CAUSE NO. 98- 2- 18787 -5 KNT; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 032204 -9006: THE SOUTHEAST 1/4 OF THE NORTHEAST'' / OF SECTION 3, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M.; EXCEPT THE WEST 610.50 FEET CONVEYED TO THE SEATTLE AND WALLA RAILROAD AND TRANSPORTATION COMPANY BY DEED RECORDED UNDER VOLUME 9 OF DEEDS, PAGE 42; AND EXCEPT THE WEST 160 FEET OF THE EAST 709.5 FEET OF THE SOUTH 240 FEET OF SAID SUBDIVISION; AND EXCEPT THAT PORTION THEREOF LYING WITHIN THE FOLLOWING DESCRIBED TRACT, TO -WIT: BEGINNING AT THE NORTHWEST CORNER OF SECTION 2 IN SAID TOWNSHIP 22 NORTH, PROCEED SOUTH 01° 09' 08" EAST 1,392.41, ALONG THE WEST LINE OF SAID SECTION 2, TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 88° 45' 19" EAST 145.55 FEET TO THE SOUTHWEST CORNER OF THE M. A. SEGALE PROPERTY AS SHOWN ON THE RECORDED SURVEY NO. 7707280568, FILED IN VOLUME 4 OF SURVEYS, PAGE 239, RECORDS OF KING COUNTY; THENCE SOUTH 11° 41' 30" WEST 352.30; THENCE SOUTH 78° 09' 50" WEST 236.01 FEET; THENCE NORTH 29° 00' 00" • WEST 99.12 FEET; THENCE NORTH 11° 26' 35" EAST 51.27 FEET; THENCE NORTH 36° 52' 33" EAST 324.55 FEET TO THE TRUE POINT OF BEGINNING; AND EXCEPT COUNTY ROAD (SOUTH 200TH STREET); AND EXCEPT THAT PORTION THEREOF CONVEYED TO THE CITY OF KENT FOR ROAD RIGHT - OF -WAYS AND STORM WATER RIGHT -OF -WAYS AND STORM WATER RIGHT -OF -WAY BY DEED RECORDED UNDER KING COUNTY RECORDING NO. 9705281237; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 032204 -9090: THE WEST 160 FEET OF THE EAST 709.5 FEET OF THE SOUTH 240 FEET OF THE SOUTHEAST'' / OF THE NORTHEAST'' / OF SECTION 3, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M.; EXCEPT THE WEST 20 FEET THEREOF; AND EXCEPT ANY PORTION OF THE COUNTY ROAD, IF ANY, THAT LIES WITHIN THE LAND HEREINABOVE DESCRIBED; AND EXCEPT THAT PORTION THEREOF CONVEYED TO THE CITY OF KENT FOR ROAD RIGHT -OF -WAYS BY DEED RECORDED UNDER KING COUNTY RECORDING NO. 9705281237; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 022204 -9011: • THAT PORTION OF GOVERNMENT LOT 9 IN SECTION 2, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., LYING EASTERLY OF A LINE DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE WEST LINE OF SAID SECTION 2, AT A POINT 1392.41 FEET SOUTH OF THE NORTHWEST CORNER THEREOF; THENCE SOUTH 88° 45' 19" EAST 145.55 FEET TO THE SOUTHWEST CORNER OF THE M. A. SEGALE PROPERTY, AS SHOWN ON THE RECORDED SURVEY UNDER KING COUNTY RECORDING NO. 7707280568 (VOLUME 4 OF SURVEYS, PAGE 239) AND THE COMMENCEMENT OF SAID LINE; THENCE SOUTH 11° 41' 30" WEST 352.30 FEET; THENCE SOUTH 78° 09' 50" WEST 68.29 FEET TO INTERSECTION WITH THE WEST LINE OF SAID SECTION 2 AND THE TERMINUS OF SAID LINE; EXCEPT THAT PORTION THEREOF DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF THE SOUTHWEST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION; THENCE NORTH 89° 16' 32" WEST ALONG THE EAST - WEST CENTERLINE OF SAID SECTION, 458.30 FEET; THENCE NORTH 02° 40' 47" EAST 53.72 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTH 02° 40' 47" EAST 68.04 FEET; THENCE NORTH 20° 24' 53" EAST 88.72 FEET; THENCE NORTH 49° 07' 02" EAST 82.00 FEET TO THE INTERSECTION WITH THE SOUTHWESTERLY MARGIN OF FRAGER ROAD; THENCE SOUTH 40° 52' 58" EAST, ALONG SAID SOUTHWESTERLY MARGIN, 117.97 FEET TO A POINT ON A CURVE FROM WHICH THE RADIAL CENTER BEARS SOUTH 49° 07' 02" WEST 798.51 FEET; THENCE SOUTHEASTERLY ALONG AN ARC OF SAID CURVE, CONCAVE TO THE SOUTHWEST, 93.58 FEET TO A POINT ON A NON - TANGENT CURVE FROM WHICH RADIAL CENTER BEARS SOUTH 84° 31' 00" WEST 40.00 FEET; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE, CONCAVE TO THE NORTHWEST, 67.17 FEET; THENCE NORTH 89° 16' 32" WEST 190.00 FEET TO THE TRUE POINT OF BEGINNING; AND EXCEPT ROADS; AND EXCEPT THAT PORTION THEREOF CONVEYED TO THE CITY OF KENT FOR ROAD RIGHT - OF -WAY AND STORM WATER RIGHT -OF WAY BY DEED RECORDED UNDER KING COUNTY RECORDING NO. 9705281237; AND EXCEPT THAT PORTION THEREOF CONVEYED TO THE CITY OF KENT FOR FRAGER ROAD RIGHT -OF- WAY BY DEED RECORDED UNDER RECORDING NO. 9705281238; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 022204 -9015: GOVERNMENT LOT 8 IN SECTION 2, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M.; EXCEPT THE SOUTH 40 FEET THEREOF TO KING COUNTY FOR ROADWAY AS RECORDED UNDER RECORDING NO. 258128; AND EXCEPT THE NORTH 22.8 FEET THEREOF TO KING COUNTY FOR ROADWAY AS RECORDED UNDER RECORDING NO. 1731274; AND EXCEPT THOSE PORTIONS THEREOF CONDEMNED UNDER KING COUNTY SUPERIOR COURT CAUSE NO. 47302 FOR DRAINAGE DITCHES BY THE BOARD OF COMMISSIONERS OF DRAINAGE DISTRICT NO. 2 OF KING COUNTY, WASHINGTON; AND EXCEPT • • • • THAT PORTION THEREOF CONVEYED TO THE CITY OF KENT BY DEED RECORDED UNDER RECORDING NO. 9705231403; TOGETHER WITH THAT PORTION OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 3, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID SOUTHEAST 1/4 OF SECTION 3, (SAID POINT ALSO BEING THE NORTHWEST CORNER OF GOVERNMENT LOT 8 IN SECTION 2, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M.); THENCE SOUTH 00 °30'45" EAST ALONG THE EAST LINE OF SAID SOUTHEAST 1/4 OF SECTION 3, A DISTANCE OF 22.8 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 89 °54'02" WEST ALONG A LINE 22.8 FEET SOUTH OF AND PARALLEL TO THE EAST -WEST CENTER LINE OF SAID SECTION 3, A DISTANCE OF 711.96 FEET; THENCE SOUTH 00 °25'36" EAST, A DISTANCE OF 1,264.25 FEET TO A POINT 40 FEET NORTH OF THE SOUTH LINE OF SAID NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 3; THENCE NORTH 89 °40'00" EAST ALONG A LINE 40 FEET NORTH OF AND PARALLEL TO THE SOUTH LINE OF SAID NORTHEAST 1/4 OF THE SOUTHEAST 1/4, A DISTANCE OF 713.84 FEET TO THE EAST LINE OF SAID SOUTHEAST 1/4 OF SECTION 3; THENCE NORTH 00 °30'45" WEST ALONG SAID EAST LINE, A DISTANCE OF 1,262.59 FEET TO THE TRUE POINT OF BEGINNING; • EXCEPT THOSE PORTIONS THEREOF CONDEMNED UNDER KING COUNTY SUPERIOR COURT CAUSE NO. 47302 FOR DRAINAGE DITCHES BY THE BOARD OF COMMISSIONERS OF DRAINAGE DISTRICT NO. 2 OF KING COUNTY, WASHINGTON; AND EXCEPT THAT PORTION THEREOF CONVEYED TO THE CITY OF KENT BY DEED RECORDED UNDER RECORDING NO. 9705231403; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 032204 -9092: THAT PORTION OF THE SOUTHEAST '/4 OF SECTION 3, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING AT THE EAST QUARTER CORNER OF SAID SECTION 3, TURNING THENCE SOUTH 89° 11' 06" WEST ALONG THE NORTH LINE OF THE SOUTHEAST' /. OF SAID SECTION 3, A DISTANCE OF 723.80 FEET; THENCE SOUTH 01° 11' 00" EAST 30 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 01° 11' 00" EAST 300 FEET; THENCE SOUTH 89° 11' 06" WEST, PARALLEL WITH SAID NORTH LINE, 220 FEET; THENCE NORTH 01° 11' 00" WEST 300 FEET TO THE SOUTH LINE OF THE NORTH 30 FEET OF SAID SOUTHEAST 'A; THENCE NORTH 89° 11' 06" EAST 220 FEET TO THE TRUE POINT OF BEGINNING; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. • PARCEL 032204 -9093: THAT PORTION OF SOUTHEAST 1/4 OF SECTION 3, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING AT A POINT 30 FEET SOUTH AND 723.80 FEET WEST OF THE NORTHEAST CORNER OF SOUTHEAST 1/4; THENCE SOUTH TO THE NORTH LINE OF SOUTH 204TH STREET; THENCE WEST 746 FEET; THENCE NORTH TO A POINT 527.5 FEET SOUTH OF THE NORTH LINE; THENCE WEST TO ORILLIA ROAD SOUTH; THENCE NORTHERLY ALONG ROAD TO A POINT 30 FEET SOUTH OF THE NORTH LINE OF SOUTHEAST 1/4; THENCE EAST TO BEGINNING; EXCEPT THE NORTH 300 FEET OF THE EAST 220 FEET THEREOF, AND EXCEPT THAT PORTION, BEGINNING 398.4 FEET NORTH OF THE SOUTHWEST CORNER THEREOF;THENCE NORTH 424.1 FEET; THENCE EAST 150 FEET; THENCE SOUTH 424.1 FEET; THENCE WEST 150 FEET TO BEGINNING, AND EXCEPT THAT PORTION, BEGINNING 1,565.30 FEET WEST AND 385.52 FEET SOUTH OF THE NORTHEAST CORNER OF SAID SUBDIVISION; THENCE NORTH 89 °11'06" EAST 120 FEET; THENCE NORTHEASTERLY 138 FEET TO A POINT 284 FEET SOUTH AND 1,340.72 FEET WEST OF THE NORTHEAST CORNER OF SAID SUBDIVISION; THENCE NORTH 01 °11'00" WEST 284 FEET; THENCE WEST TO THE EASTERLY LINE OF ORILLIA ROAD SOUTH; THENCE SOUTHERLY ALONG ROAD TO A POINT NORTH OF BEGINNING; THENCE SOUTH TO BEGINNING; AND EXCEPT ROAD; AND EXCEPT DITCH; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 032204 -9056: THE NORTHEASTERLY 424.1 FEET OF THE SOUTHERLY 822.5 FEET OF THE WEST 150 FEET OF THAT PORTION OF THE SOUTHEAST 1/4 OF SECTION 3, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT WHICH IS 412.5 FEET SOUTH AND 1,930.5 FEET EAST FROM THE NORTHWEST CORNER OF THE SOUTHEAST 1/4 OF SAID SECTION 3; THENCE SOUTH 875 FEET, MORE OR LESS, TO THE NORTH MARGINAL LINE OF THE ROAD; THENCE WEST 746 FEET; THENCE NORTH 875 FEET, MORE OR LESS, TO A POINT WHICH IS WEST OF THE POINT OF BEGINNING; THENCE EAST 746 FEET TO THE POINT OF BEGINNING; TOGETHER WITH AN EASEMENT FOR INGRESS AND EGRESS OVER A STRIP OF LAND 30 FEET IN WIDTH, THE CENTERLINE DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTH LINE OF THE ABOVE DESCRIBED MAIN TRACT WHICH IS 527.5 FEET SOUTH AND 1,184.5 FEET EAST OF THE NORTHWEST CORNER OF THE SOUTHEAST 1/4 OF SAID SECTION 3;THENCE WEST 226 FEET TO THE EASTERLY MARGIN OF 51ST PLACE SOUTH "ORILLA ROAD SOUTH" AND THE TERMINUS OF SAID LINE; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 032204 -9052: THAT PORTION OF THE NORTH HALF OF THE SOUTHEAST 1/4 OF SECTION 3, TOWNSHIP 22 NORTH, RANGE 4 EAST, W. M., DESCRIBED AS FOLLOWS: • • • BEGINNING AT A POINT SOUTH 89° 11' 16" WEST 1,565.30 FEET AND SOUTH 01° 11'00" EAST 385.52 FEET OF THE EAST QUARTER CORNER; THENCE NORTH 01° 11' 00" WEST 171.01 FEET; THENCE NORTH 10° 39' 06" EAST 137.87 FEET; THENCE NORTH 46° 52' 13" EAST 73.354 FEET; THENCE NORTH 89° 11' 06" EAST 144 FEET, MORE OR LESS, TO A POINT WHICH IS SOUTH 89° 11' 06" WEST 1,340.72 FEET AND SOUTH 01° 11' 00" EAST 30 FEET FROM EAST QUARTER CORNER; THENCE SOUTH 01° 11' 00" EAST 254 FEET; THENCE SOUTHWESTERLY 138 FEET TO A POINT 120 FEET EAST OF THE POINT OF BEGINNING; THENCE SOUTH 89° 11' 06" WEST 120 FEET TO THE POINT OF BEGINNING; EXCEPT PORTION FOR ORILLIA ROAD AND SOUTH 200TH STREET AS DEEDED, CONDEMNED, OR ESTABLISHED BY EASEMENT AS OF AUGUST 1, 1999; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 022204 -9036: THAT PORTION OF GOVERNMENT LOT 10 IN SECTION 2, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING ON THE WEST LINE OF SAID SECTION AT A POINT SOUTH 01° 55' 10" EAST 812.83 FEET FROM THE NORTHWEST CORNER THEREOF; 4110 THENCE NORTH 37° 42' 25" EAST 12.78 FEET; THENCE SOUTH 42° 49' 45" EAST 193.04 FEET; THENCE SOUTH 30° 11' 35" WEST 85.52 FEET; THENCE NORTH 58° 59' 10" WET 104.89 FEET TO THE WEST LINE OF SAID SECTION 2; THENCE NORTH 01° 55' 10" WEST 150.65 FEET TO THE POINT OF BEGINNING; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 022204 -9061 BEGINNING AT THE SOUTHEAST CORNER OF THE SOUTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 2, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M.; THENCE NORTH 89 °16'32" WEST, ALONG THE EAST -WEST CENTERLINE OF SAID SECTION, 458.30 FEET; THENCE NORTH 02 °40'47" EAST 53.72 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING NORTH 02 °40'47" EAST 68.04 FEET; THENCE NORTH 20 °24'53" EAST 88.72 FEET; THENCE NORTH 49 °07'02" EAST 82.00 FEET TO AN INTERSECTION WITH THE SOUTHWESTERLY MARGIN OF FRAGER ROAD; THENCE SOUTH 40 °52'58" EAST, ALONG SAID SOUTHWESTERLY MARGIN, 117.97 FEET TO A POINT ON A CURVE FROM WHICH THE RADIAL CENTER BEARS SOUTH 49 °07'02" WEST 798.51 FEET; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE CONCAVE TO THE SOUTHWEST 93.58 FEET TO A POINT ON A NON - TANGENT CURVE FROM WHICH THE RADIAL CENTER BEARS SOUTH 84 °31'00" WEST 40.00 FEET; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE • CONCAVE TO THE NORTHWEST, 67.17 FEET; THENCE NORTH 89 °16'32" WEST 190.00 FEET TO THE POINT OF BEGINNING; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 032204 -9049 THOSE CERTAIN 30 AND 40 FOOT STRIP(S) LYING WITHIN THE SOUTHEAST 1/4 OF SECTION 3, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., AS CONDEMNED ON OCTOBER 7, 1905, FOR DRAINAGE DITCH RIGHT -OF -WAY, FOR THE BENEFIT OF DRAINAGE DISTRICT NO. 2 OF KING COUNTY, IN KING COUNTY SUPERIOR COURT CAUSE NO. 47302; SITUATE IN THE CITY OF KENT, COUNTY OF KING, STATE OF WASHINGTON. PARCEL 032204 -9062: PARCEL A: THAT PORTION OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 3, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING AT AN IRON PIPE MARKING THE SOUTHEAST CORNER OF SAID SECTION 3, SAID PIPE BEING 335.00 FEET EASTERLY FROM A CONCRETE MONUMENT; THENCE NORTH, ALONG THE EAST LINE OF SAID SECTION 3, 2,139.83 FEET; THENCE WEST, AT RIGHT ANGLES TO SAID EAST LINE, 1,472.93 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 88 °57'43" WEST, 234.57 FEET; THENCE SOUTH 27 °37'40" WEST, 264.86 FEET; THENCE SOUTH 48 °11'25" WEST, 269.46 FEET; THENCE SOUTH 51°58'10" EAST, 310.00 FEET, MORE OR LESS, TO THE INTERSECTION WITH THE NORTHERLY LINE OF A COUNTY ROAD (ALLEN CLARK ROAD NO. 665); THENCE EASTERLY, SOUTHERLY, EASTERLY ALONG NORTHERLY, EASTERLY AND NORTHERLY LINE OF SAID COUNTY ROAD, TO A POINT, WHICH BEARS SOUTH 0 °13'04" WEST FROM THE TRUE POINT OF BEGINNING; THENCE NORTH 0 °13'04" EAST, 760.00 FEET, MORE OR LESS, TO THE TRUE POINT OF BEGINNING; EXCEPT THAT PORTION THEREOF CONDEMNED FOR ROAD IN KING COUNTY SUPERIOR COURT CAUSE NO. 653033; ALSO EXCEPT THAT PORTION THEREOF CONVEYED TO THE COUNTY OF KING FOR ORILLIA ROAD SOUTH BY DEED RECORDED UNDER RECORDING NO. 5975360; ALSO EXCEPT THAT PORTION THEREOF, LYING EAST OF A LINE 1,184.50 FEET EAST OF AND PARALLEL WITH THE WEST LINE OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 3; ALSO EXCEPT THAT PORTION THEREOF, LYING NORTH OF A LINE 412.50 FEET SOUTH OF AND PARALLEL WITH THE NORTH LINE OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 3; AND EXCEPT THAT PORTION THEREOF, LYING SOUTH OF THE NORTH LINE OF SOUTH 204TH STREET (ALLEN CLARK ROAD NO. 665); TOGETHER WITH THAT PORTION OF VACATED SOUTH 204TH STREET ADJOINING, PURSUANT TO KING COUNTY ORDINANCE 3430, AS RECORDED UNDER RECORDING NO. 7710120661, RECORDS OF KING COUNTY, AS WOULD ATTACHED TO SAID PROPERTY BY OPERATION OF LAW; • • • • • PARCEL B: THAT PORTION OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 3, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., LYING SOUTHERLY OF A TRACT OF LAND DEEDED TO CHARLES N. ANDERSON AND LOUISE ANNA ANDERSON RECORDED UNDER RECORDING NO. 4738153, EASTERLY OF ORILLIA ROAD AND WESTERLY OF SOUTH 204TH STREET (ALLEN CLARK ROAD NO. 665); EXCEPT THAT PORTION THEREOF CONDEMNED FOR ROAD IN KING COUNTY SUPERIOR COURT CAUSE NO. 653033; ALSO EXCEPT THAT PORTION THEREOF CONVEYED TO THE COUNTY OF KING FOR ORILLIA ROAD SOUTH BY DEED RECORDED UNDER RECORDING NO. 5975360; AND EXCEPT THAT PORTION THEREOF, LYING SOUTH OF THE NORTH LINE OF SOUTH 204TH STREET (ALLEN CLARK ROAD NO. 665); SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. Si hill 1:11111 1111 . 11 PIM elm 111111 111111 MUM LIIIhHiIII- so 11. VintEIMMIllan 7-INITanr: :num Impala 217M111 11.1111 INIKEINSIONL TTIBILIESI "1- ar- m .. nu WHIM1111 nP ummiim- -vrimunorn= .111. Nr11111111111E M 'mum= unnumm •ihumar.■ ,nimulmumin 1•1112111111r1 on Ian haullegis ram MIURA UMW' EN NAM sr MEM niiiiiimiiw EF MURREllir inf- alaullinueln Mum zjilevoi urqIII •,41,■4/ • Ili mfr. Wan 2112 M111111111111111111112 dummunlmum on WWI MOE NOW ZILO =OM OEM 11•WI 111M11113 •III= =men 3 orwis •ns= any r,. Etlr .5111M1 lHlIuii IIihIhhi n111111i uhihlhhuiui 2= :ffin; u. u 4 • S 188 ST ANGLE LAK 141'i 0:0 wont WEE EN _Nab El rams Eve 1111W L _ • _r/ 11111111 m_Jr1j woramillis 7 -o AI filikt Si181 ST /4.11111. ct '4.64 0 11 PROJECT PERI TER Er LEGEND: 11 r 1 To.1a TUKWILA MUNICIPAL BOUNDARY AFTER LA PIANTA ANNEXATION EXISTING TUKWILA / KING COUNTY LINE AREA TO BE ANNEXED TO THE CITY OF TUKWILA GOLDSMITH TUKWILA SOUTH PROJECT TUKWILA SOUTH ANNEXATION AREA EXHIBIT B. TUKWILA, KING COUNTY, WASHINGTON TUKWILA CITY COUNCIL MEETING Council Chambers — City Hall January 18, 2005 — 7:00 p.m. REGULAR MEETING CALL TO ORDER/PLEDGE OF ALLEGIANCE: Pamela Linder, Mayor Pro Tem, called the Regular meeting to order at 7:00 p.m. and led the audience in the Pledge of Allegiance. ROLL CALL: Jane Cantu, City Clerk, called the roll of Council. Present were Councilmembers Joe Duffie, Joan Hernandez, Pam Carter, Jim Haggerton, Pamela Linder, Dennis Robertson and David Fenton. OFFICIALS: Shelley Kerslake, City Attorney; Lucy Lauterbach, Legislative Analyst; Jane Cantu, City Clerk; Bob Baker, Deputy City Clerk; Kevin Fuhrer, Finance Director; David Haynes, Acting Police Chief; Steve Lancaster, Director, Community Development; Lisa Verner, Project Coordinator, Community Development; and Derek Speck, Economic Development Administrator. Steven M. Mullet, Mayor, was not present. SPECIAL PRESENTATION: Update — Regional Long Range Transit Plan - Sound Transit Steve Lancaster, Director of Community Development, introduced Paul Matsuoka, Sound Transit's Chief Policy and Planning Process Officer. Mr. Matsuoka brought and presented two packages of information. One was reviewed with the Council and the other was left "for leisurely reading." Sound Transit will hold ten public hearings and present "Connecting the Region — Preparing for the future Long Range Plan SEIS." At those meetings, Sound Transit staff will: 1. accept public comments on the Draft Sensitive Environmental Impact Statement, 2. provide information about their planning efforts to date, 3. review potential environmental impacts and benefits, and 4. review completed mass transit services and facilities, as well as future possibilities. Comments on the DSEIS will be taken at the public hearings, and in written form, through January 31, 2005. Mr. Matsuoka presented an historical overview of Sound Transit's planning process, beginning with the first environmental impact statement being completed (on the regional system) in 1993. Among other statistics and information provided, the Planning Process Officer noted Sound Transit's expectation that ridership numbers will increase by 1.2 million by the year 2030, as well as a 45% employment increase, both resulting in "all -day congestion." For those reasons, Sound Transit is asking what they can do to help manage the growth in terms of transportation needs. Alternatives and options evaluated by the DSEIS to help manage the growth (in terms of transportation) include Sound Move, WSDOT "Nickel" projects, Green Line Monorail project; Light rail extensions (in north, south and east directions), additional commuter buses and rail facilities, rapid transit buses and streetcars. EXHIBIT C City of Tukwila Page 2 of 5 City Council Regular Meeting Minutes January 18, 2005 Mr. Matsuoka called for comments and inquiries from Council. Of great interest was whether or not Sound Transit would be able to bring the alignment to Southcenter. Characterized as "curious," one Councilmember asked why the alignment could go to the SeaTac Airport, yet not Southcenter. Mr. Matsuoka reminded those present that the "Tukwila Freeway Route" is the official plan on the books" with Sound Transit. Without any plans of deviation, this is the plan to be implemented. In the end, Mr. Matsuoka informed Council he would provide copies (hard copies and /or in CD format) of the Draft Environmental Impact Statement for their review as many reported not yet seeing it. CITIZEN COMMENT /CORRESPONDENCE: Claire Henson, 12414 Military Road South, Seattle (Boulevard Park), informed Council of the creation of Bree's Way, an organization which intends to create a "special needs" park for "special needs" people. Her daughter is one such person. Additionally, she noted Boulevard Park is considering annexation into the City of Tukwila. In doing so, she noted Boulevard Park would be a positive place to live, with a positive identity. A study group has been formulated to determine how to make the area a better place altogether. An informal survey shows 84% of those polled (total number not stated) would like a better identity. The same survey also showed 61% of those polled to be in favor of annexing into Tukwila. The group is actively seeking comments (written or verbal) from residents who are interested into annexing to a local, nearby City. Tukwila currently is the number -one choice. Ms. Henson spoke in favor of a Joint Tukwila City Council and Boulevard Study Group meeting. Amongst other community offerings, Boulevard Park boasts three elementary schools (one to close at the end of this school year, however). Carla Sumpter; 2214 South 118th Street, Boulevard Park, spoke of the need to annex Boulevard Park into a nearby City. She does not want to be incorporated into Burien. She shops in Tukwila, has served on a Tukwila jury and "identifies with Tukwila." Olanda Groqe, 11534 — 28`h Ave. SW, North Highline area member of their area council, noted correspondence in 2004 from City of Tukwila officials regarding disinterest in annexation efforts. Just as time has gone by, Ms. Groge believes circumstances have changed which now merit reconsideration. Jim Haggerton, former Council President, noted his signature was attached to the referenced letter (by Ms. Groge). He also noted not being "terribly optimistic" that circumstances had changed to a degree where the Council would yet reconsider. Ms. Linder spoke of Tukwila nearly tripling in size within the past 15 years due to an annexation which "we're still in the process of dealing with." She noted a sense of community and infrastructure needs are foremost on everyone's minds. The Council President then asked Rhonda Berry, City Administrator, to contact King County for statistical figures and to follow up with Council. Anna Bernhard 14241 — 59th Ave. South, Tukwila, spoke in favor of allowing current Tukwila citizens the right to be heard (via a vote or some other means) on whether or not they want others to annex into the City. • • CONSENT AGENDA: a. Approval of minutes — January 3, 2005 — Regular meeting b. Approval of vouchers — 313025 - 313313, in the amount of $1,040,047.08 DUFFIE MOVED; HERNANDEZ SECONDED; TO APPROVE THE CONSENT AGENDA AS PRESENTED. The motion carried 7 -0. • City of Tukwila Page 3 of 5 City Council Regular Meeting Minutes January 18, 2005 UNFINISHED BUSINESS: a. An ordinance renewing a moratorium relative to transit- oriented development (TOD) areas AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, RENEWING A SIX -MONTH MORATORIUM ON ACCEPTANCE OF APPLICATIONS FOR CERTAIN LAND DIVISIONS, AND DEVELOPMENT ACTIVITIES AND LAND USES WITHIN THE AREA DESIGNATED FOR TRANSIT ORIENTED DEVELOPMENT AROUND THE TEMPORARY COMMUTER RAIUAMTRAK STATION AT LONGACRES; PROVIDING FOR SEVERABILITY; AND DECLARING AN EMERGENCY FENTON MOVED; ROBERTSON SECONDED; TO HAVE THE PROPOSED ORDINANCE READ BY TITLE ONLY. The motion carried 7 -0. Shelley Kerslake, City Attorney, read the title of the proposed ordinance. FENTON MOVED; DUFFIE SECONDED; TO ADOPT THE PROPOSED ORDINANCE AS READ. The motion carried 7 -0. ADOPTED ORDINANCE #2081 b. Authorize Mayor to sign a contract with Huckell Weinman Associates (HWA), Inc., in the amount of $39,072.01, for preparation of a supplemental Environmental Impact Statement and Planned Action Ordinance for the Tukwila Urban Center. FENTON MOVED; DUFFIE SECONDED; TO AUTHORIZE THE MAYOR TO SIGN A CONTRACT WITH HUCKELL WEINMAN ASSOCIATES, INC., IN THE AMOUNT OF $39,072.01, FOR PREPARATION OF A SUPPLEMENTAL ENVIRONMENTAL IMPACT STATEMENT AND PLANNED ACTION ORDINANCE FOR THE TUKWILA URBAN CENTER. The motion carried 7 -0. NEW BUSINESS: Consideration of request to accept 10% Request for Annexation, received from La Pianta, LLC. — Petitioner — Mark A. Seqale, Vice President. Lisa Verner, Project Coordinator, provided background on the issue. She reported approximately one - half of the Segale property is located within Tukwila's city limits, while the other one half is located within unincorporated King County. Proposed for annexation are approximately 250 acres. The City Council is being asked (by the applicant, LaPianta, LLC) to approve a 10% petition, authorize the circulation of the Petition for Annexation (60% Petition), and require both the simultaneous adoption of zoning and the assumption of some existing city indebtedness. Should Council accept the proposed annexation "as presented or with modifications, the Council authorizes the circulation of the Petition for Annexation, which must be signed by owners of 60% of the value of the property included in the annexation boundaries." Council received a copy of the Request for Annexation (Petition), a list of tax lots and a map of the designated area. Ms. Verner noted the City's Comprehensive Plan calls for a Master Plan and identifies a zoning designation of Tukwila Valley South (TVS) for this property. While a draft Tukwila South Master Plan has been submitted for staff review, Council will not see it until late 2005. Additionally, the Project Coordinator noted the property in question would be subject to a City- approved Development Agreement. Councilmember Robertson noted Council has not seen the mentioned Development Agreement in any format (draft or final). Additionally, Council has not yet seen an annexation plan or draft EIS. He spoke in favor of viewing all named documents prior to annexation. Ms. Verner reported all documents are works in progress and may be available as early as the end of February 2005. City of Tukwila Page 4 of 5 City Council Regular Meeting Minutes January 18, 2005 City staff reported no time requirement exists to return a 60% petition. Moreover, it cannot be submitted until such time as staff has a final EIS and Development Agreement. Both sides must come to an agreement on the issues before the 60% Petition may be submitted. It was stressed that there is absolutely no commitment on the City's behalf if a petition is filed. Ms. Verner agreed to submit a proposed, written timeline of the forthcoming issues. Sue Carlson, on behalf of Petitioner La Pianta, LLC, called this a "complex, yet do -able process." She thanked the Council for their consideration of the petition. As part of her duties with La Pianta, she has been working with King County to resolve many issues and noted, "annexation could take place as soon as 90 days after acceptance of the 60% petition," and action in connection with all paperwork — the last piece of which will be a required ordinance. For the record, Councilmember Carter noted this area was designated as a Potential Annexation Area 10 years ago. Councilmembers Hernandez, Robertson and Mayor Pro Tem Linder all spoke favorably of the proposed annexation. HERNANDEZ MOVED; ROBERTSON SECONDED; TO ACCEPT THE 10% REQUEST AS SUBMITTED, AUTHORIZE CIRCULATION OF THE 60% PETITION FOR ANNEXATION, AND REQUIRE BOTH THE SIMULTANEOUS ADOPTION OF ZONING AND THE ASSUMPTION OF EXISTING CITY INDEBTEDNESS. The motion carried 7 -0. REPORTS: a. Mayor Mayor Mullet was absent. b. CounciL Councilmember Joe Duffie attended Alan Doerschel's retirement "Roast." Councilmember Joan Hernandez attended the January 13 Joint Planning Commission /City Council meeting and subsequent Equity and Diversity Commission meeting and the January 14 Southwest King County Chamber of Commerce luncheon. Ms. Hernandez reported the City of Tukwila would be divided into two separate /distinct legislative districts according to newly proposed (King County) redistricting maps. Mayor Pro Tem Pamela Linder attended a January 12 results -based workshop on accountability, facilitated by Mark Friedman. She also attended a Southwest King County Economic Development Initiative Executive Committee meeting the same day. On January 13, Ms. Linder attended the South King County Human Services Board meeting. Councilmember Pam Carter attended the January 11 Highway 99 Action Committee meeting and a Transportation Policy Board meeting on January 13. Ms. Carter also attended an Economic Forecast meeting on January 15 as well as a press conference conducted by the Association of Washington Cities (AWC) on the State of the Cities. Today, the Councilmember attended a SCATBd meeting. Councilmember Jim Haggerton attended Cascade Water Alliance's meeting of the Finance and Resources Joint Committees. • • Councilmember Dennis Robertson attended this evening's Finance and Safety Committee meeting. Councilmember David Fenton announced the first Utilities Committee meeting is January 19. • c. City Administrator Rhonda Berry was absent. • City of Tukwila Page 5 of 5 City Council Regular Meeting Minutes January 18, 2005 d. City Attorney Shelley Kerslake provided an update on Sound Transit issues and cautioned the Council to not discuss the Tukwila Freeway Route until further Court (of Appeals) decisions are made. Ms. Kerslake next informed the Council that the Woodside Apartment building owner /manager would likely receive notice on January 19 that due to non - payment all electrical power (in general areas) is likely to be cut. The owner is currently $24,000.00 in arrears. Additional information will follow. e. Legislative Analyst Lucy Lauterbach reminded Council of the January 21 and 22 City Council Retreat. ADJOURNMENT: 8:48 p.m. DUFFIE MOVED; FENTON SECONDED; TO ADJOURN THE REGULAR MEETING. The motion carried 7 -0. Pamela Linder, Mayor Pro Tem Robert H. Baker, CMC, Deputy City Clerk Date minutes approved: March 7, 2005 Property Owner La Pianta LLC La Pianta LLC La Pianta LLC La Pianta LLC La Pianta LLC La Pianta LLC La Pianta LLC La Pianta LLC La Pianta LLC La Pianta LLC La Pianta LLC La Pianta LLC La Pianta LLC La Pianta LLC La Pianta LLC La Pianta LLC La Pianta LLC La Pianta LLC La Pianta LLC La Pianta LLC La Pianta LLC La Pianta LLC La Pianta LLC La Pianta LLC La Pianta LLC Tukwila Historical Society King County King Co. Drainage Dist. 2 La Pianta LLC Tukwila South Annexation Area Parcel List - EXHIB•IT D Parcel Identifier 3523049050 3523049078 3523049041 3523049117 0222049037 0222049040 0222049033 3523049016 0222049008 3523049066 3523049065 0222049043 0222049057 0322049047 0322049106 0239000352 0322049100 0322049006 0322049090 0222049011 0222049015 0322049092 0322049093 0322049056 0322049052 0222049036 0222049061 0322049049 0322049062 Total: Tukwila South Annexation Petition June 10, 2009 Area Area (SF) (Acres) 11,848 0.27 13,503 0.31 1,126,897 10,000 37,633 37,296 649,915 175,111 264,844 12,632 23,087 905,612 382,456 520,106 87,120 114,747 648,173 841,143 23,240 1,176,991 2,112, 224 66,211 801,068 63,597 53,143 15,900 31,477 29,911 357,627 10,593,512 25.87 0.23 0.86 0.86 14.92 4.02 6.08 0.29 0.53 20.79 8.78 11.94 2.00 2.63 14.88 19.31 0.53 27.02 48.49 1.52 18.39 1.46 1.22 0.37 0.72 0.69 8.21 243.19 Map Parcel No. 124 128 129 130 131 132 133 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 234 309 310 311 312 Jurisdiction Tuk. & King Co. King County King County King County King County King County King County King County King County King County King County King County King. County King County King County King County King County King County King County King County King County King County King County King County King County King County Kent & King Co. King County King County Assessed S -T -R Value 35 -23 -4 EWM $29,600 35 -23-4 EWM $700 35 -23-4 EWM $901,500 35 -23 -4 EWM $7,500 2 -22 -4 EWM $316,000 2 -22 -4 EWM $74,500 2 -22 -4 EWM $519,900 35 -23 -4 EWM $4,000 2 -22 -4 EWM $161,000 35 -23 -4 EWM $700 35 -23 -4 EWM $100 2 -22 -4 EWM $1,811,200 2 -22 -4 EWM $133,800 3 -22 -4 EWM $260,000 2 &3 -22 -4 EWM $174,200 3 -22 -4 EWM $69,000 3 -22 -4 EWM $281,000 3 -22 -4 EWM $420,500 3 -22 -4 EWM $34,800 2 -22 -4 EWM $882,700 2 &3 -22 -4 EWM $1,584,100 3 -22 -4 EWM $73,000 3 -22-4 EWM $266,000 3 -22 -4 EWM $42,000 3 -22 -4 EWM $75,000 2 -22-4 EWM $2,000 2 -22 -4 EWM $31,400 2 &3 -22 -4 EWM $200 ** 3 -22-4 EWM $475,000 $8,631,400 • • • • • • Total Value of All Parcels: $8,631,400 Total Value of All La Pianta Parcels: $8,597,800 La Pianta Percentage of Total Value: 99.61% * TOTAL ASSESSED VALUE OF TAX LOT: $148,100. EST. 4/5 OF TAX LOT IN TUKWILA & 1/5 IN KING COUNTY. ** TOTAL ASSESSED VALUEOF TAX LOT: $300. EST. 1/3 OF TAX LOT IN KENT & 2/3 IN KING COUNTY. Total Area Being Annexed to the City Frager Road: S. 200th Street Oriilia Road (3300'x60' est.): Total Area of Above Parcels (SF): Total Area (SF): Total Area (Acres): Tukwila South Annexation Petition June 10, 2009 198,084 SF 334,105 SF 198,000 SF 10,593,512 SF 11,323,701 SF 259.96 Acres SUMMARY OF Ordinance No. 2241 City of Tukwila, Washington On June 15, 2009 the City Council of the City of Tukwila, Washington, adopted Ordinance No. 2241, the main points of which are summarized by its title as follows: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, ANNEXING APPROXIMATELY 259 ACRES OF REAL PROPERTY KNOWN AS THE "TUKWILA SOUTH PROJECT PROPERTY;" PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. The full text of this ordinance will be mailed upon request. Approved by the City Council at a Regular Meeting thereof ‘on June 15, 2009. Christy : Iahert 7CMC, City Clerk Published Seattle Times: June 18, 2009. • • • • • • King County Department of Assessments Accounting Division 500 Fourth Avenue, ADM -AS -0725 Seattle, WA 98104 -2384 (206) 296 -5145 FAX (206) 296 -0106 Email: assessor.info @kingcounty.gov http://www.kinaeountv.gov/assessur/ Exhibit B Rich Medved Acting Assessor ANNEXATION PETITION CERTIFICATION THIS IS TO CERTIFY that the petition submitted June 23, 2009 to the King County Department of Assessments by Christy O'Flaherty, City Clerk for the City of Tukwila, supporting the annexation to Tukwila of the properties described as the Tukwila South Project Property Annexation, have been examined, the property taxpayers, tax parcel numbers, and assessed value of properties listed thereon carefully compared with the King County tax roll records, and as a result of such examination, found to be sufficient under the provisions of the Revised Code of Washington, Section 35A.01.040. The Department of Assessments has not verified that the signature on the petition is valid through comparison with any record of actual signatures, nor that the signature was obtained or submitted in an appropriate time frame, and this document does not certify such to be the case. Dated this 24th day of June, 2009 Rich Medved, Acting King County Assessor Exhibit C=1 FIRE DIST. 24 MAP j1 LA • AC EXISTIN CITY LIM DENOTES FIRE DIST. 2\77c47\ DENOTES ANNEXATION DENOTES PAA BOUNDARY7 Exhibit C -2 SCHOOL DIST. MAP HIGHLINE AT A • MA ' ■ MMV/ AN 1.4M0/ AN :1114071" ZA/Azz DIET. exhibit -C -3 P I P 1•I ____ -17 Exhibit Legend D �.._.t •._..J City Limits • • • Potential Annexation Area (PAA) Tukwila South Annexation Area Green /Duwamish River Manufacturing/ : Industrial 2. Center\ .. Lake. Washington Angle Lake 08/2009 Tukwila South Assuming La Pianta Pays Parks, Fire and Road Impact Fees $20,000 • Proposed City Responsibilities V. Projected Income ro ? $15,000 -- 1 Q. O O O V1 c to O O:r $5000 Total of all identified potential City costs net of impact fees s and TSP direct pay- ments (still under discussion) Methodology: This display compares all identified potential City costs against the revenues projected by "Tukwila South," assuming that all capital costs are financed with twenty year bonds at 6% • and assuming that same substantial cost adjustments or clarifications currently under negotiation are confirmed. The revenue/ cost comparison balance can be expected to change further as: . The project responsibilities proposed for the City are reviewed- andperhapssubstantiallywinnowed- from the simile tally of all City responsibilities under consideration. . The City departments which have supplied all of the cost figures continue to review and perhaps revise their assumptions and estimates. (Some substantial identified responsibilities have only very rough cost estimates and others have none.) . The timing of the different project elements is reviewed and revised, putting project phasing and revenue/ cost projections back on a consistent assumed schedule with fully articulated inflation rates. . Financing for cost dements is comprehensively planned, considering multiple the debt issues, different bond rates. etc. The firmness of the revenue projection is considered for current and potential market conditions. Even with the potential cost reductions under discussion, however, the City clearly will face very considerable municipal expenditures - to be made in the near term against the expectation of excess revenues in the future. Arjru it pskyrr►rts:; 1.1:-.t.lasi from other Chy 3JJlt 7 5- Total of all projected revenues Total of all projected revenues with slower or delayed growth / / / / "CROSS- OVER" City begins accruing more revenues from dorTSP than the debt service. N N n 8 '" O O N N N Timeline is as originally presumed for project at time of revenue projection. 0 Year n 0 City Departmental O &M costs not projected beyond 2030. N 0 N O &M Cost ® Bonded Cost (6 %,20yrs.) REVENUE TOTAL REVENUE TOTAL - Growth at 75% -- REVENUETOTAL- Pause in Yrs 6 -10 COST TOTAL (Cap + O &M) pata Sources Revenue: "Tukwila South Fiscal Analysis" - Berk & Associates, 10/18/2005 Costs: City Departments (various dates) CoreCh - 19eJust after removal of TIF.xlsx • m >C 0 m a '•• r TUKWILA SOUTH PROJECT SUMMARY OF PROPERTIES TO BE ANNEXED • SITIR # LOT # OWNERSHIP SIZE (IN ACRES) Exhibit F 2009 IMPROVEMENT VALUE 2009 LAND VALUE Dated: April 23, 2009 2009 TOTAL VALUE 2009 TAX AMOUNT 022204 022204 022204 022204 022204 022204 022204 022204 023900 032204 032204 032204 032204 032204 032204 032204 352304 352304 352304 352304 2304 2304 352304 352304 032204 032204 9008 9011 9015 9033 9037 9040 9043 9057 0352 9006 9047 9056 9062 9092 9100 9106 9016 9041 9050 9065 9066 9078 9090 9117 9052 9093 SUB -TOTAL LA PIANTA N/A N/A 022204 032204 022204 LA PIANTA LA PIANTA LA PIANTA LA PIANTA LA PIANTA LA PIANTA LA PIANTA LA PIANTA LA PIANTA LA PIANTA LA PIANTA LA PIANTA LA PIANTA LA PIANTA LA PIANTA LA PIANTA LA PIANTA LA PIANTA LA PIANTA LA PIANTA LA PIANTA LA PIANTA LA PIANTA LA PIANTA LA PIANTA LA PIANTA SOUTH 200TH FRAGER RD (TO BE VAC) 9036 TUKWILA HIST. SOC. 9049 KING COUNTY 9061 KING COUNTY SUB -TOTAL OTHERS GRAND TOTAL • 6.88 28.63 53.60 14.92 0.86 0.85 20.79 8.85 2.63 19.74 12.91 1.46 5.00 1.52 14.88 2.00 3.56 25.87 1.36 0.01 0.29 0.40 0.19 0.23 1.22 18.39 $0.00 $0.00 $0.00 $0.00 $232,000.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $292,000.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $15,000.00 $0.00 $7,000.00 $0.00 $161,000.00 $882,700.00 $1,584,100.00 $519,900.00 $84,000.00 $74,500.00 $1,811,200.00 $133,800.00 $69,000.00 $420,500.00 $260,000.00 $42,000.00 $183,000.00 $73,000.00 $281,000.00 $174,200.00 $4,000.00 $901,500.00 $29,620.00 $100.00 $700.00 $700.00 $49,000.00 $7,500.00 $68,000.00 $266,000.00 $161,000.00 $882,700.00 $1,584,100.00 $519,900.00 $316,000.00 $74,500.00 $1,811,200.00 $133,800.00 $69,000.00 $420,500.00 $260,000.00 $42,000.00 $475,000.00 $73,000.00 $281,000.00 $174,200.00 $4,000.00 $901,500.00 $29,620.00 $100.00 $700.00 $700.00 $64,000.00 $7,500.00 $75,000.00 $266,000.00 $1,819.41 $10,520.20 $18,999.55 $5,847.60 $3,668.73 $848.11 $20,351.98 $1,514.68 $897.71 $4,980.25 $2,931.08 $637.21 $5,502.35 $986.63 $3,167.15 $2,126.96 $55.05 $9,674.77 $309.11 $12.23 $19.49 $19.49 $2,072.40 $202.51 $979.66 $3,602.44 247.04 AC $546,000.00. $8,081,020.00 $8,627,020.00 $101,746.75 5.27 $0.00 $0.00 $0.00 4.57 $0.00 N/A N/A 0.37 $0.00 $2,000.00 $2,000.00 1.03 $0.00 $200.00 $200.00 0.72 $0.00 $31,400.00 $31,400.00 11.96 AC $0.00 $33,600.00 $33,600.00 EXEMPT EXEMPT EXEMPT EXEMPT " EXEMPT $0.00 259.00 AC $546,000.00 $8,114,620.00 $8,660,620.00 $101,746.75 ' Total Assessed value is $148,100. # adjusted to 1 /5th in King County. Total Asssesed value is $300. # adjusted to 2 /3rd in King County SUMMARY • FILE NO. 2304 Thomas Guide Map No. 685 Date Received: 08/07/09 Date Completed: 08/11/09 Date Distributed: 08/12/09 Date Filed: Petition for Land Annexation Expiration 45 Days: 09/21/09 Tukwila South Annexation Board Meeting: 09/10/09 ENTITY City of Tukwila ACTION TITLE Introduction: Location Land Area Land Use: Population Estimate Assessed Valuation County Comprehensive Plan Designation/Zoning •City Comprehensive Plan Designation/Zoning District Comprehensive Plan District Franchise Urban Growth Area (UGA) SEPA Declaration The City of Tukwila proposes annexation of a portion of the Tukwila South Area. The annexation has been proposed by the petition method (RCVV 35A.14). The Tukwila South. Annexation Area northern boundary is contiguous to the southern boundary of the City of Tukwila. The Tukwila South. Annexation Areas southern boundary is formed by South 204th .Street, The western boundary of the area is variously formed by Orillia Road South and Interstate 5. The eastern bounclaryof the area is termed by the Green River. 259 acres Agricultural Uses; Residential Uses; Vacant Land Approximately 12 persons S8,631,400: Industrial Use Proposed: Office Use, Light Industrial Use (e.g., research and development) Commercial Use (e 9., retail. services), Residential Uses Not applicable. Not applicable The Tukwila South Area is located within the Urban Growth Area as identified under the State •Growth Management Act, King County. Comprehensive Plan and City of TukWila Comprehensive Plan. The proposed Tukwila South Annexation is exempt from SEPA pursuant to RCVV 43.21C.222. ENTITIES /AGENCIES NOTIFIED: King County Council Member(s) Julia Patterson;,.Dowv Constantine; Larry Gossett King County: Clerk of Council, Department of Natural Resources (DNR); Department of Development and .Environmental Services (ODES), Department of Assessments. Department of Transportation (DOT). State Department of Ecology (DOE). King County "911:. Program: Office of Management and Budget, Deputy Prosecuting Attorneys` Office, King County Records and Election Division, Fire Marshal Division, Historic Preservation Program.: Puget Sound .Regional Council, Community and Human Services, Public Health Department Cities: Kent, Renton, SeaTac Fire Districts: City of Tukwila; Angle Lake District (No. 24): Skyway /Bryn MawriLakeridge ,District (No. 20) Water Districts`. Highline Water District; King County Water District No. 125 Sewer Districts: City of Tukwila; Valley View Sewer District School District: Renton School District No 403 Kent School District No 415 SUMMARY (File No. 2304) The City of Tukwila proposes annexation of 260 acres known the Tukwila South Area. Annexation is proposed in response to property owner |n|orcr,| in jn|nnn the City of Tukwila The Tukwila South Area Annexation Notice of Intention is based upon fResolution by the Tukwila City Council approving o plan m incorporate tills territu/}. This Rcso|u|ion aporovodin June 28UQ. The Tukwila South Annexation A \he boondary i contiguous to the southern boundary of the City ��nda�is�n .formed 2�m Street, The western boundary of the area isvariously formed by0rNin Road South `and Interstate 5, The eastern boun.dary :of ibe area s f�rrned by .the GreenRiver. . With the Notice of Intention based upcin thp Resolution, the of Tukwila ha invoked j hsdicdo the Washingten State Boundary Review Board for King County.. The City is seeking a public hearing in order to .provide an opportunity for citizens and government jurisdictions to comment upon the .proposed annexation before Bpundary Review Board as this body is an independent, quasi-juditial agent established by statute (RCW 36,93) to ensure logical, orderly growth of urban communities. The Tukwila pomed in conjunction with a Development Agreemen between Mario Segale on behalf of La Planta LLC and by Mayor Haggerton on behalf of the City of TukWita on June 10, 2009. The Development Agreement allows for future mixed use (commercial and residential development) to be established over approxiMately 15 years More specifically, the Tukwila South Area (and adjacent area that is presently within the City Of Tukwila) is planned for approximately 10 million seUare feet of development under a 'Master. Plan — (.e., a campus style design including offices, commerce, residences, and other similar, supporting uses, The Master Plan also calls for environmental enhancements to Johnson Creek, wetlands, and Green River shorelines. Pedestrian .and bicycle trails will also beprovided as public amenities. This action is also. proposed in conjunction with a City Of Tukwila Resolution. No. 1561 (adopted in Nmmrfiber 2004) in which the City Council entures. King County of the intent to commence negotiations and ihe.aocompUShnnent of .an expedited agreement with King County h/ ensure onnexa8ien of areakdenha| oommunkyloomted adjacent to the Tukwila South Area fend within the Tukwila Pcitential Annexalion:.Area) immediately peon cpmpletion of the Tukwila South Annexation. City officials report, that annexation of the Tukwila South Area to thiS community is consistent with the 5tate Qrowth.ManageMent Apt (pmk) .Cited in support of Tukwila's annexation of TukWila South are: RCW 36.70A,Q20 (1), and RCW 36,7QA.020 (12) that encourage. the efficient provision of public facilities and services to developed. areas by appropriate government units. Also cited in suppOrt of Tukwila's annexation Of the 'Tukwila South Area are RCW 36.70A.110 (4) and RCW 36.70A.210. (1) which support Cities as- providers of loCatServices and counties as previders of regional SerVices, Tukwila representatives repprt existing and pending plans, and resources necessary. to serye the Tukwila South Area in keeping with the State Growth Management Act (GMA.) Tiikwila representatives report that |hep,oPoaedTuhwi|a South Arrnexation complies with estabhsheci 'King County CumprehengiveP|en/CountyWide Planning Policies. Of partrcular note are those potcies which address Economic Dove|upmaoi and Housing Capacity: O0/ representatives state that the Tukwila South annexation 'would specifically be censistent with numerous King County Cortipnahenaive Plan/CountywiclePlannieg policies including, but not limited to the fOItOWOg ^ Cities aro the preferred Vm,owornor Urban m°e,(6* PR-202) " 0}^ in dude rinco p,mt.nJ Ail/nn the xvis*fhcxm's:mmp,°hpnsI,r ond ��i�|,��a o U |0r �[�V�1U iu U /� �/� �1� ��1U�-�� u» `�" "`�"`u� ' � � � LV;34.FYv 71 - pVV 1`2.. LU2n. LU-24 LU,I2U)-11 RF-5 ° Cities du,onna, those lands »uprovide development/public services (ofg.F- l ^ Cities are designated as the governors of environmental protection of annexation areas (e.g., FVv-4, FVV-5.C/-1.CA-3 CA-4`C4, —'CA-12.C��.CC-8.CC-11.) ^ Cities are the designated providers of tranaphrtaVm` system for annexation areas (FYV-1.V T-7.) City. of Tukwila represeritatives report that the pmpoSed Tukwila So4th Annexation is consstent.wUh the theprovisi�ns �f the mUnitipnUry'sCen\prehensiVe Plan. For example: • The Tukwila ComprehenSive Comprehensive Pan ncudes the Tukwila South Area wthin tS Potentia! Annexa(ior Area: • The TukWi/aCmMp,el ouiva Plan p,o:iNxsuMuvt& plan for the. Tohwim South. Area, • The Tukwila Corriprehensive Plan makes provisions /= providing p^micaervi,s and fauoti*^u'the Tukwila: South Area More specifitally, City of Tiikwila representatives ort that the jurisdiction plans to support a Master 'Ptah that provides far a diverse array:cif land utet sUitable to the Tukvitila South:Area. Development at Tukwila South would include a variety Of commercial .uses, office uses, light industrial uses (e,g„ re:Search and develepiherit), as Well as a range of types of resitiehtial uses. Public. facilities and amenities wOuld,be providett as well, inclUding open spaces, pedestrien trails, end bicycle City of TOkwila representatives report an intent to corriply with redulatery authorities established by the State, as well as by regional and local StatuteS). togetherwith munidipal Plant arid prograMs desierled to preserve and enhance the exiSting natUral environMent (e.g., Johnson Creek, Greeh River Corridor, wetlands) in Conjunction iMth developmertand maintenance of the Tukwila SoOth Area. City of Tu that the municipality has resources and capacity to permit provision of services :(directly or by contract) to Tukwila South. With annexation to Tukwila, all :services for the Tukwila. South be coordinated under unified redulatory authorities administered by a single local government unit. City the proposed Tukwila :South Annexation is consistent with the provisions of RCW .93 (Boundary Review Board Ropu|adonx)' For example, ;city of TvkWi|a representatives report that: • The Tuhwi)a South Annexation Would be with Objective 1, which baU§ for the preservation natural aeographic features including nearby existing and planned cOmMercial .uses. residential development, open opeoot.. and environmental features (e\D.. topography, Water bode's. trails end open spaces • The Tukwila S th Annexation would reportedly bo consistent with Objective 2 whieh calls for the use of physical boundaries to determine an annexation area The borders of the Tukwta South Areafollow municipal lines, roadways, property lines and oUen. ica|bouhdades- " The Tukwtla South Annexation would also repprtedlyboconsistent with Objective 3, which. calls for oneabonofloQica| service areas. The City tJTukwila reports available resources and and capacity that.w�uld perMit permit the Gityto' offer urban services' to the area either directly or Via agreernents betWeen the City and serVice providers fix the full range Of cetrtnercial uses, industrial uses. residential uses. and pUblit Uses anticipated fix the Tukwila South Area. The DeVelopment Agreement between the property owner and the City of TukWila .proVides fipahcial 'guarantees, and technical mechenisms to ensure continUing resources for the provision. of :those services. More specifically, the Development " The City of Tukwila will be responsible for policing serVices to the TukWila South Area. , The City will assume rempentibiUty from the :Angle Lake District No. 24) for providing .fire/emergency services to the TukwjtaSouth Annexation properties. " The Highline Water District will continue to provide water services: to the Tukwila South *pmo. 4 , ° o The City of Tukwila will continue to provide wastewater service (n the Tukwila South community. Future improvements may be established through formation ofoUL|D. o The City will provide stormwater management in accord with regulatory authorities. In addition the City of Tukwila will provide directly (u[ by contract) for residents & Tukwila South for public hnoUi(kaa' human services, and |o* and justice facilities. Local and regional services — n.g` libraries, porks, recreational facilities — would be available to the citizens, Area Students wod contThue to be served by ihe Renton and Keni School Districts, The Tukwila South Annexation would reportedly be Consistent 'with Objectives 4-7. Which tall for the achievement of reasonable bmundadeo' for a /uMsdb/Uon Although the Tukwila South Area possesses a rather unusual uretion. the lands within these borders are specifically established for annexation by :Tukwila under the City oYTukwi|aComprehensive Plan, Note As previouiy stated in MIS Sun the. bly of TuAva,Co has executed o Resolution expressing the intent to come to an interlocal agreement with King County annex the moininypmtion of :/his The Tukwila S m Annexation wopld also / be consistent with Objective [i which. calls for inclusion of Urban areas Within municipalities, Annexation would permit citizens to affiliate xvith atocal government and thus to participate in the local government process. City of Tukwila representatives state that a fiscal analysis has been .conducted with respect to: the .proposed Tukwila South Annexation. The City reportedly wbuld receive revenue of $101,746 from Tukwila South, For approximately 10. years folleWing annexation, the City is anticipated to inctir expenses of approximately 5170;000 (Le, $70:000 per .year) in: excess of anticipated reventite from .the proposed develeprnent of the area 'under the adopted Master Plan, City: representatives report that the jurisdiction has addressed the costlbenefit equation, In 'part, through monicipal resources and in Part through an agreement for revenue .guarantees with ,LaPianta, the owner and developer of City representatives state that the fiscal analysis finds that the owners Of Tukwila South wiU support the proposed annexation, in part, through standard serVice fees; as well aS regular and special levy rate of the City for capital facilities and public serVices. City .officials report that the munitipality intendS to alloCate sOfficient funding te provide fire and "erriergency services to the TukWila SOuth Area. City representatives acknowledge that Angle Lake Fire District (No, 24), whiCh CUrrently Seryes the area through contract for service from the city of SeaTac. will experience a substantial loss *of fevenue in conjunction with annexatipn of the Tukwila South Area. City'representatives are reportedly wOrking with officials the Angle Lake.Fire District (No: 24): to develop a plan for addressing- the transition of all services from Angle Lake 'No, 24 in an .equitable and timely:manner, City of Tukwila representatives repert a commitment to taking the necessary steps (e.g., development planning, administration of funding) kv ensure appropriate levels of service servce for the Tukwila Soutb Area through the entirety Of the develeprinent prOcess Culminating et estimated maxinnbmdevo|umnenL The City reportedly supports the T K*U a South Annexation so that Tukwila may serve the ous/neoo end residential communities within the Tukvvila South Area 5 City of Tukwila RECEIVED OCT 5 2009 WA State Boundary ei.,a• r u J rte..trr 6200 Southcenrer Boulevard • Tukwila. Washington 08188 Jim Haggerton, Mayor October 5, 2009. 'VA Statc Boundary Review Board i1FKing County c/o Lenora 1.3Iaunian.- Executive Secretary Yesler Ruilding, Room 240 400 Yesler Way. Seattle, WA 04 RE: Tukwila South Annexation, BRB fife a 2304 Dear 13oard rletnhcrs and Ms. Blatunian: Known as the "1'ukvvila South Annexation, the (i..ity ol" 1•ukvvila has proposed to annex approximGuely 259 acres into the City limits. "I'he Boundary: Review Bayard has scheduled public hearing on this annexation for October 20 2009, .1 his letter ir; an upditte ,to the materials we previously submitted to. you. Description The City's Potential Annexations Area (PAA) is the arca currently within King County, • south of' the current City limits, crest it' the Green Riv�tr, north of. 204`i' Street, and east a1 -5 1h.. determination that this area is most appropriately located within the city limits al the City or "1'uk\vila was made years ago in.re.pt,mse to the Growth Management Act. 1 he prO11c•.rt to he annexed is the majority of the. Potential .\nnexation Area. 01 the approximately 259 acres in the annexation area, all but 2 or 3 acres are owned hv= one owner, 1_.a PiarLta 1;1 :C. The annexation is one 01 it stet olztetions die City has taken in conjunction with approvals °C a 512 -acre development called "Tukwila Sciuth Project. At King Countv'�t urging, the City Council adopted Resolution 1561 on \ovcnihcr 2004 aLtreeine to begin the process and to annex the retmtincler (tithe Potential .t \nne\ lion .•Arca within three weeks alter the'lunkwila. South/l4 Piant.t a uaexation is complete. IvIOA with Knits Ccrunity Since this Resolution was adopted by a previous City Council, 1 have negotiated a new itifenioranduni ol'Ar rcennent (MOM w ith King County Executive Kurt Triplett stating: Phone :206.433.1800 • City Hatt Fax• 20043,3 1833 • aw'wci.tuk •ri /awa.us Letter to KC BR13 Page 2 ofd The. City nfTukwila shall initiate the annexation of the Residential Island ... under the iitterkiial Method ol'ann,. :.\t1t1011 (RC W 35A.14.460) within three Weeks of the cf'te eth e date of the anne xation of the Tukwila South '1nneXation to the (. :it), ol'Tukwila. AND Should the Tukwila South Annexation to the City of Tukwila not become effective by December 31.. 2009, the Mayor ni the City of Tukw ila shall rceo/mnend to the Tukwila City "Council trial it commence el'lotIs to annex the entire PAA (both the Tukwila South Annexation and the Residential Island) by June 30.2010. We are in the•proeess of signing this MOA now and Will provide copies to you at the . public hearing on October 20. Shelley Kerslake, City Attorney, and Lisa Verner. Tukwila ila South - Project \'1 wager, will attcntd and can answer your questions. Conclusion We look forward to your review and approval of this Tukwila South Annexation. Implementationo :rthe Tukwila South Project Dwv :lopment Agreement will follow and we are ‘cry excited. about the economic .diversity it will bring to "Tukwila. "Thank you. Sincerely. • a Inn Tlagg Mayor King County Office of Strategic Planning & Performance Management Chinook Budding 401 Fifth Avenue, Suite 810 Seattle. WA 98104 October 3, 2009 Claudia Hirschey Chair, king • CountylBoundary Review Board Yesier Building, Room 402 400 Yesler Way Seattle, WA 98104 Dear Ms. Hirschey: RECEIVED ()US 2009 WA State Boundary Reviev. Board For King Co In response to the briefing schedule set by the King County Boundary Review Board, .I am transmitting King County's policy brief regarding the proposed annexation of the Tukwila South Annexation Area by the City of Tukwila prepared by King County's Office of Strategic Planning and Performance Management. A county representative will attend the public hearing set for October 20, 2009. If there are questions, please contact Gwen Clemens, Senior Policy Analyst, at 206 263-9686. Sincerely, Elissa Benson Deputy Director cc: The Honorable Julia Patterson, King County Council Noel Treat, Chief of Staff, Executive Office Lisa Verner, Tukwila South Project Manager. City of Tukwila Karen Wolf, Office of Strategic Planning and Performance Management, Planning Section Supervisor REPORT TO THE WASHINGTON STATE BOUNDARY REVIEW BOARD OF KING COUNTY IN THE MATTER OF THE PROPOSED ANNEXATION OF TUKWILA SOUTII ANNEXATION TO THE CITY OF TUKWILA Boundary Review Board File No. 2304 Public Hearing: October 20, 2009 I. BACKGROUND On August 7, 2009, the Washington State Boundary Review Board for King County ( 'BRBT) received a Notice of Intent (-NOl") for the Proposed Annexation of Tukwila South Annexation, a copy of which was received by the County that same month. According to the City of Tukwila, the Proposed Annexation would include approximately 12 residents in an urban area of King County generally located to the south of the City of 'Tukwila. The City of Tukwila's NO1 estimates the size of the area at approximately 259 acres. The Proposed Annexation of this PAA li es. within the City of Tukwila's Potential Annexation Area (PAA). The PAA is generally bounded by the City of Tukwila to the north, the western border is variously fornied by Orillia Road south and Interstate 5, the eastern border is formed by the Green River, and the southern board is formed by South 204th Street contiguous with the existing city limits of the City of Kent and an unincorporated area with the city of Kent's PAA. H. CONSISTENCY WITH STATE GROWTH MANAGEMENT ACT AND COUNTYWIDE PLANNING POLICIES State law (RCW 36.93.157) stipulates that BRB decisions must be consistent with three sections of the state's growth management act ("GMA"): planning goals, urban growth areas and countywide planning policies. The County finds the Annexation Proposal is consistent with the policy intent of the Countywide Planning Policies, a. Planning_Goals: The County has an adopted comprehensive land use plan as required by GMA. The plan has been deemed consistent with the GMA by the state Department of Community, Trade and Economic Development ("CTED") as it supports the Act's various goals which include among other things planning for urban growth, reduction of sprawl, housing, transportation, and open space and recreation. Further, the county's comprehensive land use plan is consistent with the adopted Countywide Planning Policies1 (-CPPs"). The City of Tukwila similarly has an adopted comprehensive land use plan deemed consistent with GMA by .CTED. Both the County and the City of Tukwila's plan calls for the annexation by Tukwila oldie Tukwila PAA. The Annexation Proposal leaves a small The consistency required between RCW 36.70A.100 and RCW 36.70A.210 is an external consistency between comprehensive plans. The CPPs do not speak directly to the implementing land use regtdations of cities and counties. [CPSHB, Snequalmie, 2304e, FPO}. unincorporated area, hereinafter called "Island- immediately to the west of the Tukwila South Annexation. The City of Tukwila has agreed to proceed with annexation of the Island upon annexation of the Tukwila South area. Therefore, the Annexation Proposal is consistent with this goal. b. Urban Growth Areas: The CPPs call for growth to be focused into urban areas (U-203) and states that cities are the appropriate providers of local services in urban areas (FW-13). The Annexation Proposal is consistent with this goal. c. Countywide Planning Policies: The consistency of the Annexation Proposal is established by the preceding discussion. The Annexation Proposal is consistent with this goal. 111. CONSISTENCY WITH BOUNDARY REVIEW BOARD FACTORS AND OBJECTIVES In addition to reviewing an annexation proposal for consistency with state GMA, Countywide Planning Policies. and the King County Comprehensive Plan, the BRB must also evaluate it based on the nine objectives set forth in RCW 36.93.180. In doing so, the 13R13 may consider a host of factors (RCW 36.93.170) which include but are not limited to land use, population, provision of municipal services, cost of local services, economics, and development regulations. Below are listed the objectives set forth in RCW 36.93.180 along with analysis to determine if each of these objectives is met by the original proposal, and if not, which ones are hindered. A final assessment is made to see if, overall, the objectives were furthered by the proposal. Objectives: Preservation of natural neighborhoods and communities. Annexation Of the area as outlined in the legal description would indeed, lead to 'the consistent application of service levels, Consistent development standards.and consistent zoning regulations. The Annexation. Proposal was proposed in, conjunction with a.deVelopment agreement between property owners and the city of Tukwila. for a .512-acr development including the proposed annexation area The Annexation Proposal meets orfarthers.this objective.. 2. Use of physical boundariesjitchiding.but not limited to bodies of water, highways,- and land contours. The .proposed annexation relies on existing city limits, and the eastern and southern boundaries of the City .of Tukwila PAA. .A portion of the Western boundary will continue to be adjacent to the City of Tukwila. PAA; however the city intends to proceed with annexation of the rentaining. 'Sind upOn,cOmpietion of the Tukwila South Annexation. The Annexation Proposal meets or furthers this objective. 3. Creation and preservation of logical service areas. As noted above; both the GMA and the CPPs designate cities as the logical provider of urban services. Cities have been afforded by the state legislature taxing authority distinctly advantageous in comparison to that authority available to counties: unlike counties, cities have both business and occupations tax and utility tax authority to support the provision of local urban services. Consequently, cities are better able to provide a broader array of services synonymous with urban areas than can the county. The longer these urban areas remain unincorporated, the more difficult it becomes financially for the County to provide local services while at the same time fulfilling, it regional service and rural service responsibilities. The City of Tukwila has demonstrated that is has the capacity to logically and efficiently serve the Tukwila South area. The Annexation Proposal meets or furthers this objective. 4. Prevention �f abnormally irregular boundaries. Existing water :features and roads are used aS•the proposed annexation's boundaries. The Annexation Proposal prevents abnormally irregular boundaries and meets or.furthers this Objective. 5. Discouragement of multiple incorporations and encouragement of incorporation of Cities in excess of 10.000 population in heavily populated urban areas. Incorporation is not at issue here. 6. Dissolution of inactive- special purpose districts. The County detennineS that this:objective is neither furthered nor hindered by the .annexation because it has no application to this proposal. 7. Adjustment of Unpractical boundaries. The proposed annexation area as'outlined in the legal description and is within the city of Tukwila's PAA. The County determines that this objective is neither furthered nor hindered by the annexation because it has no application to this proposal. 8. Incorporation of cities or towns or annexation to cities or towns of unincorporated areas which are urban in Character. The proposed annexation area as outlined in the legal description is urban in nature and is located within the County's designated urban growth area. The Annexation Proposal tneets or furthers this objective. 9. Protection of agricultural and rural lands. The County determines that this Objective is neither furthered nor hindered by the annexation because it has no application to this proposal. In sum: the annexation proposal meets or furthers objectives I, 2, 3, 4 and 8. Objectives 5, 6, 7 and 9 are not applicable to this proposal. Thus, in weighing all of the BRB objectives, the Annexation Proposal, meets the majority of the BRB objectives. VI. CONCLUSION .RCW. 36.93.180(8) directs the BRB to "attempt to achieve. ,,the annexation to cities...of unincorporated areas which are urban in character.' Based on the arguments set forth in this document and the Conclusions listed below, the county finds.that it is in the best interest of all parties-to approve the Annexation Proposal without further change: I. The AtineXation Proposal furthers the governance. transition °idle community froth urban unincorporated to ineorporated status as- envisioned bribe regionally adopted Countywide Planning Polieies (CPI's). 2. Pursuant to GMA and CPP policy. cities are the logical provider of urban services and the counties are the logical provider of regional and local services Within the rural area. 3. Cities have the taxing authority necessary to extend and provide urban levels of 'service to urban unincorporated areas. 4. King County Comprehensive Plan policies U-20I and U-206 strongly support transition of the urban growth area to City status. VII. REQUEST TheCounty respectfully requests that the I..3RB approve the Annexation Proposal. LAW OFFICES Gierke, Curwen TACOMA OFFICE 2102 NORTH PEARL STREET SUITE 400, BUILDING 0 TACOMA, WA 98406-2550 253-752-1600 f 253-383-3761 TOLL FREE: 877-797.1600 FACSIMILE: 253-752-1666 GREGORY 8, CURWEN MARK J. DYNAN CLARENCE C. JONES, JR. MARK W. CONFORTI 5 ELIZABETH C. THOMPSON 3 ROBERT L. BOWMAN? CHRISTI C. GOELLER KIMBERLY J. COX Commissioners. King County Boundary Review Board 400 Yesler Way Seattle, WA 98104 .Dynan &. Jones, P.S. SEATTLE OFFICE WELLS FARGO CENTER 999 THIRD AVENUE SUITE 2525 SEATTLE, WA 98104-4089 TOLL FREE: 877-797-1600 FACSIMILE: 253-752-1666 REPLY To: TACOMA OFFICE October 7, 2009 007 ts,/ 4700.8 ele 400 I:WNW M. GIERKE HUGO 44MEITI*82L9E5R, JR. (1911-1995) "Also admitted iii.the District of Columbia 2Also admitted in Georgia IAlso admitted in Hawaii 'Also admitted in Illinois A*) admitted in Maryland NS() admitted in Oregon 7AIso admitted in Minnesota Re: Tukwila South Prgfect Annexation (259 Acres) First Bonding Special District: King County Fire Protection District #24 Date of Hearing: 10/20/09 Our File No.: 09-5675 Dear Boundary Review Board Commissioners: Our firm represents king County Fire Protection District. 1124 (KM #24) with regard to the proposed annexation of approximately 74 percent of the Fire District's current area located in unincorporated King County adjacent to the current municipal boundaries for the City of -Tukwila, known as the 'Tukwila South Project Annexation. KCFD #24 has significant concerns about the lire service levels to the remaining 26 percent of the lire district that will not be part of this annexation. As an involved special district operating pursuant to the provisions of RCW 52.14, the Fire District •is offering this memorandum to raise awareness of issues that would be impacted by Itikwila's annexation of a significant portion of the Fire District. 1. Background Facts KCFD 424 since its creation has had the Mission of providing fire 'services to an area that is now the city of SeaTae, as well as areas that continue to rernain unincorporated at the confluence of Kent, SeaTac, Tukwila, and Renton. In the early 198Q 's driven by a number of factors the city of Sea-fac elected to incorporate and became a city in February of 1990.. When the incorporation was ultimately approved by Voters., about 2% or the 'former area of KCFD #24 was left outside any incorporated ztrea to order to continue Collecting property tax revenue, and finish paying a district bond issue. it was required that a new Board of Fire Commissioners be created in the reduced :area. and all the work of the commission had to be carried on in the sante manner as before, except for the physical delivery Of service. As a resUlt, a corresponding 98% of KCFU #24's assets and all Boundary Review Board October 7, 2009 Pauel employees were removed, and the city of .SeaTac agreed pursuant to a 1991 Inter local Ag,reement (Exhibit A) to take over the fire service operations. This contract was developed to provide for the continuation of Fire and EMS services to the remaining Fire District 424 area and remains in effect today. The currently proposed Tukwila South annexation will only annex a portion, approximately 74 percent, of what is now KCFD 424 leaving the remaining 26 percent unincorporated. 'this remaining 26 percent is located on a steep hillside west of Orillia Road and creates unique and difficult firefighting challenges. Prior to its annexation to SeaTac in the early 1990's when KCFD 424 provided physical firefighting. services, KCID424 utilized specialized equipment, specifically to fight fires in this area However, when the earlier annexation to SeaTac occurred all of these assets were transferred to SeaTac. which eventually chose to sell this specialized equipment rather than maintaining it for this specialized locale outside the city limits. As the elimination of this specialized equipment had a significant impact on the potential response times to this area, KCFD424 began to budget for additional hydrants on Orillia Road which 'Would somewhat make up this service degradationylkwever, with thisunticipated annexatiOnit is unclear if this will occur. POtential Impacts of Annexation On June 8, 2009 the KCFD #24 Submitted a letter to the Tukwila City Council addressing multiple issues that Wpuld be created or potentially arise with the inipending annexation. (Exhibit 13). In response Lisa Verner, project manager for the "Fukwila South Annexation published an Informational !Memorandum in an attempt to address KCFD 424's concerns (Exhibit C). While the eity's response made an attempt to address these concerns, the following are several major issues related to fire service created by the annexation which KCFPD 424 believes .have yet to be adequately addressed: a) Lack of funding/commitment to install necessary hydrants Legally upon annexation, Tukwila will be entitled to a major portion or the KCFD #24 reserve funds; however, the -effect of this ‘vill likely ensure that this identified critical fire service, issue Will not be addressed The annexation will significantly draw down Fire District 424 assets. which were set aside for improving future response tillIC imdior access to fire hydrants. It is KCFD #24's position that at least two fire hydrants should be insLilled on the West side of Ofillia Road to provide minimal acceptable service to the above properties. to reduce response time place water en a fire, and to prevent the emergency closure or Orillia Road by extending hOse supply lines from existing hydrants on the east side of Orillia Road. In an effort to eliminate this potential issu.. , KCFD 1124 asked for and received a bid from a qualified contractor to install two lire hydrants on the west side of Orillia Road. Green River Construction Co., lite. has installed multiple h)drants such as those needed in this situation and has provided a bid of $87,200 to perform this work (Exhibit -D). Ciiven the city of Tukwila's lack of 'cominitment to install these hydrantS, KCFD )124 requests that $87,200 be held -back from the reserve-transfer.to be utilized to complete this project,: Boundary Review l3oarcl. October 7. 2009 Palle 3 b) Effect on 1991 Interlocal Agreement between KCFL) t#2.1 and ScaTac The net result of the proposed annexation to the remaining . KCFD 424 residents in a small district without an adequate tax base and reserve fund will jeopardize KCFD 4124's ability to pay SeaTac for dire and EMS services for these remaining residents. With a significant drawdown of the tax base there is no guarantee that the city of SeaTac will not seek to alter or even terminate its commitment to proVide fire service to th. irea remaining aficrthe proposed. annexation.-KC;FI?D 1#24 is Contractually obligated to reimburse the Cite= of -Sea 1'ac for Certain fire and EMS services; substantially west of the current annexation_ boundary: With insufficient expense funds, it would be unable to fulfill its contractual responsibility to the Cite of SeaTac to fund the proportionate cost of tire. and EMS service to this remaining portion of the District not impacted by the annexation. The; v reserve funds have been set aside for capital needs such as a small station, or the above mentioned fare hydrants. The expense fund holds all the taxes collected in current years for current operating expenses. To date the city. of Tukwila has taken the position that they are not a party to this contractual agreement and have no desire to ,intervene. This stancee attempts to avoid any involvement for a potential :public interest fire Safety issue directly created by the annexation. I1 SeaTac were to attempt to .break -this agreement due to the significant financial impact created by the annexation, - would "Tukwila commit to providing-Services to this area? If so, has the city of Tukwila considered its response times to this area and whether it has the firefighting equipment to service this difficult terrain? Further, can Tukwila maintain the present 4 minute EMS and 5 minute fire response times to these residents? III. BRB Authority and Complianee with Notice of Intention Format RCW .36.93.010 provides that the purpose of Boundary Review Boards is to manage problems that "arise from..rapid proliferation. of Municipalities auid haphazard extension of and competition to extend municipal boundaries." The - statute further states that "these'problems affect adversely the quality and .cost-of municipal services .furnished, the financial integrity or certain mnicipalities :.." This statute provides the core: purpose of the Boundary Review. Board as.being the oi-ganization to manage "the bie.picture" issues and ensure that annexation projects such as this address the cone;erns'of all affected stakeholders. The stakeholders include groups and individuals that may not be located within the boundaries, of the,. area to by annexed, but are nonethele» affected by it. To ensure that these issues are adequately addressed, RCW 36.93.130 provides a basic outline of factors to be included in a Notice: of Intention which touches on multiple elements involved in the annexation process (`.11iesc elements are specifically addressed in RCW :36.93.170). The King County BRB has refined the requirements of RC\\" 36 .9 i.1 i0 and provided a much more specific format in this Notice of Intention. as Lidopted in March 2009. ensuring adequate. discussion of all pertinent issues. For example. section i~111) Evaluation Criteria of King County's Notice of Intention format udder part (F) Services requires the annexing party to thoroughly address whether and how the proposed action would result in a change of services. Boundary Review Board October 7, 2009 Page 4 Further there is a specific section addressing tire services, which asks for: 3. Fire Service a) Directly or by contract? b) Nearest station(s) c) Response time? d) Are they fully manned? HOW many full time personnel? e) Major equipment at station location (including type and number of emergency vehicles)? 1) How many fully certified •MT/D-Fib personnel do you have? g) Which rating applies? h) Source of Dispatch? A cursory ieview of the City of Tukwila's Notice of Intention filed AllattSt 7, 2009 with the Boundary Review Board highlights the Jack of attention that the city is devoting to this significant issue. In the submitted document on page 13 of 16. F. Services: "Fire Service- The City of Tukwila will pi-beide fire and emergency services upon aimexation. Fire District .#24 \\Al ne king provide ,service.', Despite the requirement there is no discussion of each 6f the required bullet points as outlined in the King County Notice of Intention format. Farther, although , KCFD #24 directly outlined multiple issues of concern related to the annexation, the city leaves them largely unanswered. IV. Recommendations It should be noted that primary purpose or this submission from KCFD # 24 is not stall or . blOCk this pOteritial annexation, but to Mitigate any impats created by the annexation, on resident/J indomiers of the fire district, Who will be remaining in the Smaller unincorporated area after the annexation. This annexation will undoubtedly be fimincially rewarding to the city of •Tukwila, but these interests should not completely overshadow the interests of those residents and constituents within KCFD #24 omitted from this annexation. For this reason KCFD #24 respectfully requests that prior to approving this annexation plan. the 13R.13 ensure the folloWirw actions "are cornplete: I) Installation or set-aside _funding from the current KCFD #24 Reserves to install, two tire hydrants west of Orillia RoadE Boundary RevieW- Board October 7, 2009 Page 5 2) ...N. signed memorandum oF tuiderstandinu between -the city of SeaTae and the city, of Tukwila addressing the fire service needs of the portion of KCFD 424 that is not anneed tbSenstire-no degradation of seiiice as well as a commitment to-honor the 19% Interlocal agreement Very truly ____,,,,,,•""---' c • ....„.,--''' 4-sa----C....f. r, MARK J. DYNAN MJD:rbikab Enclosures cc: Chief James Ackley:, Ret. KCFPD #24 Investment Officer/Contract Administrator Chris Bauer, Commissioner, KCFPD #24 Alicia B. Pittinuer, CoMmissioner, KCFPD #24 Violet Bauer, Commissioner. KCFPD #24 Attachments: Exhibit A: 1991 Interlocal Agreement between KCFD #2,1 and SeaTac Exhibit 13: KCFD #24 letter to the Tukwila City. Council Exhibit C: Informational :Memorandum from City of Tukwila Exhibit P: Bid from Green River Construction Co., Inc. for additional Flydrants 1-2?-2021 1 .17P1 r-"RC :DSLEY/A3:37,C 3637722145 ( IiiiTERLOCAL AGREE:MEW FOR FIRE AND EMERGENCY tisEDICAL SERVICES AND ANCILLARY OPESATIONS =fin= TICE 'CITY OF SEATAC AND SING count"( FIRE PROTECTION DZSTRICT #24 THE FOLLOWING INTERLOCAL AGREEMENT between the City of Sea Tac, a municipal corporation of the State d Washington, hereinafter referred to as the "City." and King County Fire Protection District #24. a political subdivision of the State of Washington, hereinafter referred to as the "Fire District." WHF.REAS' a petition signed by a =pray of the persons residing in that area covered by Fire District #24 that was not hacorporated into the City of SeaTac have petitioned the City to assume II:spa:191May for the,provision of fire protection. fire prevention, and emergency medical services and those additional services provided by the SeaThe Min:de/pal Fire Department to the residents of the City of SeaTac „ all pursuant to RCW 35A.14.380; and WHEREAS the City desires to provide those types of =vices to the resid=as of the Fire District and has acquired ownership of tilt 11.99,et3 of the Ftre District by operation of law pursuant to RCW 35A-14280: NOW, ThEREFORE, the City and the Fire District agree as follows: A. The City contracts with the Ftre District to provide are protection., fire prevention, and emergency medical services to the Fire District, which is located adjacent to the City botmdarirts as previously serviced and provided by the Fire District B. This Agreement is entered into by the City under the authority of RCW 35A.I1.040 end by the Fire District under the authority of RCW 52-12.031, and collectively under the authority of RCW 39.34, the Interlocal Coopnraticca Act. C. It is the purpose alibis Agreement to provide the terms and conditions under . WiliCh the City *a1fl provide ftre pretection. lire prevention. sold emergency medical Services to the Fire District and to otherwise provide for the continued aperattans of the Fire District To carry out the purposes of this Agreement and in consideration or the bene. flts to be received by both the City and the Fire District. it is agreed as follows: L Base Level Services: The City will provide to the Fire District fire protection. Ilre • prevention., and emergency medical services to the above n3entior.ed territory within the boundaries of the Fire Dtstrict beginning January I, 1991 in the =zee general erianuer acid at the same level Of eerie= as ,that provided within the City of SeaTac, and at leant at the laset-stod manner ea: w iiiisly provided by the Fire Distrkt. The City will pauvide the aaxae level of Selvtil*Wiltte letre District with regard to emergency response. or eputes-aided dtepatotk sery ice. and public eduoation. P. -2.0-2331 1 -?2P4 FRr . 36 3 d 3321 as Interlocal Agreement Page 2 2. Effective Date and 'FerzU This Agreezient 1z ci ectivc January 1. 1991, although subsequently executed by the parties. and shah continue for a period of one ymtr. The Agreement shall renew automatically from year to year unless termination is requested as provided for in Section 15. 8. Payziaentby Fire District; The Fire District agrees to .Pay compensation to the City on a art- annual basis with ibly percent paid is June rind fifty percent paid in December The amount of payment shall equal the rata! amount =eyed by the Fitt District from its statutory levy less the actual cast required to matatain the Pere District legislative onesa tton (sec. Attachment A). Any unexpended Operating levy funds shall be paid amturally ;to the cit'. 4 Index tficat1ou: The City will protect defend tndemzrfy and save htirmlesis the Firms District, its ccum:___is loners, employees and agents from any and all costs. claims, Judgments, awards. of damages. or loss resulting from -the uegiigent acts or omissions of the City, its of ficers,. employees or . agents in carrying out. this Agreement. The Pyre District will protect., defend. indr n tfy and save harmless. the City, its council. employees tenet agents from any and all cats. eh treg, judgments, awards of damages. or Loss resutttng from the negligent acts or canissions of the Fire District, its of/leers. its eacirmLssionets or agents in carrying out this Agreement. 5. Contract Administxattan: The City and the Fine Diatrrict shall: each appoint and designate a c Ct` achninistrator tO review cm:tract perforniance and policy issues. Each party shall notify the other in writing of its contract administrator. The contract administrators shall meet only as necessary, but at least once our r. Either party is authorized to call a meets of the contract administrators with ten (10) days written notice to the other. The contract admizlistsatots will annually review the benefits and costs of services provided as a result of this Agreement. 6.. xCUraucc Coverage: Tile Pine District agrOes to pay the costs of Providizig errors and omissions liability isxsurance coverage for the Viers The District Ayres to obtain and provide compzehensivt gesseral liability insurance coverage and =nee the City" as an. additional msured for itatety insurance purposes through June, 1991, The District further agrees to provide property and casuatty insurance coverage for equtpmcvt and vehicles and assets acquired by the City from the Fire District. The above insurance coverage shall exist +mid June, 1991. Tine manner of total Insurance coverage and payment for the future will be determined prior to policy termination at the end of June, 1991. In tate event the City assumes Independent insuzunCe coverage,. the City agrees to name the Fire District as an additional insured. ?. 3 2e-2001 1 : 19PM FRf 4DSLEYfASSQC. 3527322145 Interlocal Agreement Page 3 7. Fire nistrict Use of City Facilities: The City agrees to make available fairs, cquip:ueztt, and reasonable staff support to the Fire District to permit the .Fire District to conduct tts remaining business and to allow the Fire District cortuatssiancrs to ineetas required bglaw. 8. Transfer of R 1ph:gees In keeptog with RCW 35.13.215, all employees of 2 Xing County Fire District s have beer: notified of official termination as of December 31. 1990. In keeping with RCW 35.13.235. all Fire District employees have been notified of their right to transfer empkrym t to the City of SeaTac. In keeping with RCW 35.13.225. all union and }ton, -union employees of Fire District #24 have notff fed the Fire Dls rfct of theft intent to transfer employment to the City ofSeaTatc and have notified the City Civil Service Commission of their desire to transfer employment to the City. It is acknowledged that ail Fie District #24 employees (as Identified an Attachment B) have been offered employment by the City. 9. Bond Fnad Indebtedness: The District age to let Kntg County continue collecting tar= for repayment of the bond debt approved by the voters at-King County Fire District o24, including the temrittkgruow incurparattd Into the City of Seance. The revenue collected for this pux'pwse will be lave Sted by the Fire District. All .reside n1 principal' and interest will retaaitn to the • bond fund for purposes of ze ttrrng the bond debt. 10. Cash Carryover Fonds: The parties .agree that any cash carryover funds transferred by the Fee District to the City should be used on Fire Department capital needs since • the frind9 were laltially generated from tire protection taxation. 11. Reserve! Fund: ha keeping with ROW 35A.14.380. the City will pay the District 083.553.80 In assets which shall be deposited by the Fire District in a reserve fund. This shall be the entire asset required to allow the remainder of the riseZs to be vested to the City. 12. Expense Fend: The District shall maintatu an of paying outstanding fund for the purpose of paying :, it3f�i, In tuvoIces and obligations � by the Fire District prior to Pity marking expenses of tine reroanting Fes mania after Jerry 1. 1991. Outstanding obligations approved Ariz= to January 1• 1991, by the commission are as identified iri Attachment C. 13. Capital Improvement Fried: This fund irscludes residual These funds should be used for the completion of the Station 11 remodel and /or the tintibing of text Station I parking lot since these items ceded on the ballot title.. 14. L990 amnia! -Report: The City agues to prepare a torimlern 8sttrual report of the protection - activity, and to specilcaIy include a sperial report relative to activity in. and P. 4. 4-22 -222'. 1 : 1 :,-.1pq FR2 r.."`,31..EY,'ASS-22 302722214S • Interims! Agreern Page 4 protection provided to the Fite District, the area that rematos outside the City. The 1 annual report shall be considered by the parties ti this agreement for the purpose of establishing a base line for future levels of service. 15. Termination Proeessi In Iteeptog with IRCW 35A.14.380. the Fire Prateetion District elects by a nugralty vote of the pasons reset% tattalde the toeMperaind area to require the Ctty of Sear to continue providing fire services to the Fire District Services Erma this Agreement may be terminated or* atter an election or petition by the voter of the Fire Dtstrict to teennautte the fire and eminency medical services provided by the City. or by the voters or Widow:errs in the Ft e District requesting annexationliao the City. Which would have the effect Of dissolving the Fire District 16. Ameadnienei This Agret121Clit Can be amended or modified at any time during the course of this Agreement with the %Witten consent of the parties. 17. Veen( .figreemeneteraiver of Defatilt. : The parties agree that this Agreement is a complete expiession of the terms hereof and any oral =presentations or understatuturep not Incorporated her= are excluded. Warmer or breach of any provision of this Agree:runt shall not be decreed to be a •waiver of any other or subsequent breach and shall not be construed to be a modification of the terms of the Agreement unless stated to be such through written Intetiocal Agreienent approval by the parties. Waiver of any Default shall not be deemed or ccmstrued to be a waiver of any subsequent DeCault. la Notices: Any notice given pursuant to this Agreement slutil be delivered by depositing the aurae In the custody of the Muted States Postal Service certified mail, return receipt =quested, postage prepaid, addressed as follow, Cher of SesTac. Fire City • Manager 19216 -28th A.venue'Sautli Sterne. WA 98188 4: Chai,17arson of The 13oarti cff cuannia3toners courty F4-e Protection District 1124 4417 South 200th Street Kent. WA 98032 19. Time b of masa:ace: Both the City apd the Fire District recognize tht tin ts of the essence in the perfonnance of the provisions or Ores Agreement. 20. fieverahtlity: If any provistal of this Agreement or Its application is held 'mad for any reason, the remainder of the; Agreement or the application of the remainder of the .Agreernent shall not be affected. 4 . -2t -2C-2Z31 1 •22P: 1CS4_t i' /AS 'CC:., 35,27302145 Intertocai Agreement Page 5 2 I. Azbftzatioei of Dietratcsn Zany disputes arise out of the performance or interpretation of this Amt. ary such disputes shall be submitted to mandatory arbitration as provided In RCW 7.04. Any such disputes shall be resolved by a panel of three. (3) disinterested arbitrators. Each party shall bear the cost, of selectirg its own arbitrator. and-one-half the cost of the neutral arbinator. In the event the parties are unable to agree upon the selection of a third _ neutral arbitratar. the seleccttari shall be made by the Presiding Judge of Kite County Superior Court. The deeisian of the majority of the •azbltrutorrs shall be Oral and binding upon the parties except as provided for In RCW .7.04.160. Venue of any arbttration proceeding shall Ile in King County. Washington. 22. Applicable Late: This Agreement shall be governed by' and construed Ln accordance With the laws of the State or Washington. Date 9,� AL Approved as to Form; C -City Attorney P.. Commissioner. ECFPD a24 LAW OFFICES Gierke, Curwen, Dynan & Jones, P.S. TACOMA OFFICE SEATTLE OFFICE 2102 NORTH PEARL STREET SUITE 400, BUILDING D TACOMA, WA 98406-2550- 253,752-1500 P253-383-3761 TOLL FREE: 677-797-1600 FACSIMILE: 253-752-1656 GREGORY B. CURWEN MARK J. DYNAN CLARENCE C. JONES, JR..° MARK W. CONFORTI ' ELIZABETH C. THOMPSON 1.L 5 ROBERTL BOWMAN CHRISTI C. GOELLER KIMBERLY J. COX MATHEW D. MARINELLI ° Christy OTlaherty, CMC City Clerk City of Tukwila 6200 Southcenter Blvd. Tukwila, WA 98188 WELLS FARGO CENTER 399 THIRD AVENUE SUITE 2525 SEATTLE,. WA 98104-4089 TOLL FREE: 877-797-1600 FACSIMILE: 253-752-1666 REPLY TO: TACOMA OFFICE June 8, 2009 JUN 0 8 2009 CITY OF TUKWILA CITY CLERK BRADFORD M. GIERKE (1937-1995) HUGO METZLER. JR. (1911.1995) Also admitted in the District o Columbia 2ALso admitted In Georgia ',Also Admitted In Hawaii 4Also admitted in Illinois sAlso admitted in Maryland Also admitted in Oregon !Also admitted In LIinnesota Also admitted iniCalifornia Lisa' Verner Tukwila South Project Manager City of Tukwila 6200 Southcenter Blvd. Tukwila, WA 98188 Re: Tukwila South Project Annexation (259 Acres) First Bonding Special District: King County Fire Protection District 424 Date of Hearing: 6/8/09 Our File No.: 09-5675 Dear Clerk O'Flaherty, Ms. Verner, and Members of the Tuk-wila City Countil: Our firm represents King County Fire Protection District #24 with regard to the proposed annexation of approximately 74 percent of the Fire District's current area located in unincorporated King County adjacent to the current municipal boundaries for the City of Tukwila. As an involved special district operating pursuant to the provisions of RCW 52.14, the Fire District Wishes to raise issues that would be impacted by Tukwila's annexation of substantially all of the Fire District. It does not appear from the City's Land Use File that the City of Tukwila ever sent a copy of their revised annexation plan to KCFPD #24, even though the District responded to Tukwila's first EIS Statement in 2005, The City's first version of the EIS did not include the Fire District's comments or remarks. The City of SeaTac is the only jurisdiction with statutory responsibility to provide continued and ongoing fire and EMS services to the District as a result of its incorporation of approximately 98 percent of the original Fire District's territory. That contract calls for all residual funds at the end of each budget year to go to the City of SeaTac to fund the District's proportionate cost of fire and EMS service within Vie Fire District. Because it still has taxing authority, the District pays for regular commissioner meetings as required by lays" for public access, county elections, liability insurance, potential legal expenses, required state audits, advertising, annual taxes, and budget meetings. This typically results in only a nominal residual left for the City of SeaTac. The Fire District is, however, contractually obligated to pay this sum to the City of ).,S12c,e,„ Ted To Co-vivic, .L rtoe) rCti-j ) PrTro.,,,20.54 -1-.)-J 4.4 ei2cliTc, e,v4t.L Christy O'Flaherty, CMC Lisa Verner June 8, 2009 Paae. 2 SeaTac. Following the proposed Tukwila South Annexation, the Fire District will hacetiI1y the same costs but only 25 percent of the revenue that currently exists. The City and the annexing developer have requested that the Boundary. Review Board remove an area including the proposed annexation area east of Orillia Road, a major arterial and natural boundary, as wall as a residual area west of the arterial . This will produce fire and EMS service impacts. Those impacts will become even more acute when 74 percent of the revenue is removed from Fire District #24 for providing services to the remaining residential area on the steep hillside west of Orillia Road. The cost to provide the necessary infrastructure to contract for services from the City of SeaTac for this area will remain essentially the same. Furthermore, the topography of an even smaller island left due to the proposed developer- driven annexation creates unique circumstances Which are exacerbated by the lack of fire hydrants on the west side of Orillia Road. The grades to some properties limit the type of fire equipment apparatus which may be deployed to a fire, and the lack of hydrants within standard distances further complicate. fire operations. Additionally, the topographical issues create a greater than normal concern for ,fire and EMS response time, which has progressively gotten worse over the last few years. While these conditions currently exist, it will become even more difficult to fund the required minimal fire and EMS services and to correct sorne of the fire support deficiencies due to the sianificant reduction in levy capacity and the loss of reserves designed to accomplish these function. The annexation will sigunficantly draw down Fire District #24 assets, which v,,,,ere set aside for improving future response time and/or access to fire hydrants. ft is the District's position that fire hydrants should be installed on the vest side of Orillia Road to provide minimal acceptable service to the above ;properties, to reduce response time, to place water on a fire, and to prevent the shutting down of Orillia Road by extending hose supply lines from existing hydrants on the east side of Orillia Road. This, will be particularly true for any fire department response corning from Tukwila Fire Services. The following are the specific concerns which KCVPD 4'24 wishes the City of Tukwila to address, which have not been otherwise addressed by the City's earlier materials and EIS on this annexation project: Tukwila will ultimately receive a major portion of the District #24 reserve as a result of the transfer of a like portion of the District's assessed value. Will the City of Tukwila use those funds to provide two hydrants on the west side of Orillia Roil, which will result in a.I properties being within 1000 feet of a fire hydrant, which is standard spacing in typical residential neighborhoods? Currently, Orillia Road between the proposed annexation area and the rerraining unincorporated area of District #24 is a heavily traveled and important commercial route between the airport and valley industry, and is located in the County. Will fire and EN1S Services be assumed by Tukwila for this section of the arterial? If not, who 22. Christy 071aberty, CMC Lisa Verner .11111C S. 2009 Page 3 then will be responsible for emergency services, and the municipal liability for lack of timely fire and EMS services in this section? For any of the portion of KCFPD 424 covered by the proposed Tukwila South Annexation Project, v 11 the Tukwila Fire Department provide a minimum of Class Three fire and EMS service following the annexation? 3. How will the City of Tukwila address the KCFPD 424s financial contractual obligation to the City of SeaTac for payment of services to SeaTac if Tukwila annexes 75 percent of the tax base? KCFPD #24 is contractually obligated to reimburse the City of SeaTac for certain fire and EMS services Substantially west of the current annexation boundary. With insufficient expense funds, it would be unable to fulfill its contractual responsibility to the City of SeaTac to fund the proportionate cost of fire and EMS service to this remaining portion of the District not inipacted by the annexation. The reserve finds have been set aside for capital needs such as a srnall station, or the above mentioned fire hydrants. The expense fund holds all the taxes collected in current years for current operating expenses. 4. Most of the District #24 expense fund is necessary to provide the legal infrastructure to .operate the fire district. Even if Tukwila agrees to provide fire/EMS service, there would still be a need for the expense fund taxes at relatively the same amount to support the required minimal activity of the District to legally collect taxes and contract for firefEMS service, and to protect the citizens interest from potential litigation. Without adequate funding, KCFPD #24 would be unable to legally operate and to fulfill its legal obligation to assess and collect taxes with a three-person commission if substantially all of the tax revenue generated is removed to the City of Tukwila with no commensurate fire and EMS service available to certain District residents. 5. FEMA has saggesteda.n increaSe.d.flOad'plain. While this .has not yet been resolved,. some agencies in the region believe that .the flood zone should be increased, commensurate With the formula used on the:larger, east side of the Green River. The. Corps of Engineers. have stated various river levees, including sortie of these . in the vicinity of this. proposal, are weak; and last January the Corps of Engineers allowed additional :flooding in the Pacific: area. as a result °fa breach in an area adjacent to the Howard Hansen Dam. The Corpshas not yet clarified when that will be repaired but has stated that until it is, there is likelihood that many areas, which have-previeusly been protected by the river levees, may see. flooding. As a result of these concerns, some jurisdictions have placed. a moratorium on construction until :thew engineering decisions have been resolved. Has Tukwila considered the potential for interruption of fire and EMS services to the allneXed and adjacent areas such as Orillin Road and Fire District :#24 should failures of some sort occur in the horseshoe bend or adjacent .areas. under such a circumstance? The City also has .potential interruption of service due to train 'activity from the south tire station at pregtht. 23 Christy, O'Flaherry, CHIC Lisa Verner June 8, 2009 Pate 4 6. Does the City of Tukwila have in place a pre-existing agreement with the City of SeaTac to respond to the areas. of District 424 within and outside the proposed annexation area'? If so, has the City of Tukwila determined if the City's apparatus can navigate the steep, narrow drives leading to the homes west of Orillia Road located on the steep hillside, with some areas of restrictive points of departure? Will the City of Tukwila Fire Department be able to provide appropriate 4 minute EMS and 5. minute fire response times to that portion of KCFPD #24's current residents who are planned to be covered by the annexation area or who fall just outside of that area and are not otherwise adequately served by the City of SeiTac? 7. Has the City of Tukwila addressed the issue of emergency closure of Orillia Road to provide access to existing fire hydrants on South 200th Street when a residential fire occurs on the west side of Orillia Road? Has Tukwila considered the lack. of adequate fire hydrants on the west side of Orillia Road and the current inability to pro-vide emergency water support service for fire apparatus to the residents in that area? 8. The City of SeaTac is relocating their headquarters station to South 170th Street from the former 200th Street Station; which will become a satellite station with reduced equipment and manpower staffing. Response time into the District 424 area has already slowed significantly due to changes in fire and EMS dispatch operations over the years. The move of more resources to the 170th Street station may further diminish response times into the Orillia Corridor during most hours of the day. How-will the City of Tukwila address this issue if SeaTac is unable to provide timely Class 3 or Class 4 response time far fire and EMS services to protect portions of Fire District 424? 9. The annexation of substantially 75 percent of KCFPD 424 by the City of Tukwila will exclusively benefit those on the floor of the valley to the detriment of those residents on the unincorporated hillside of the current KCFPD #24. Money paid in by those KCFPD #24 taxpayers to their reserve fund should directly benefit the area within which the District assessed and collected tax revenue; those funds should be dedicated to that portion of KCFPD 424 included in this proposed annexation. If the City does not intend to make this commitment, how does it intend to address the fact that the residents' tax revenue, legally assessed and collected by Fire District #24 and currently dedicated to the residents of the District .424 area is going to be commingled with other City of Tukwila tax revenue without guaranteeing that the current Fire District 424 residents will receive a commensurate value in service from the City of Tukwila? 10. As you know, the area set to be annexed from KCFPD i24 to the City of Tukwila is essentially at the apex of a confluence of four separate municipalities: King County, the City of SeaTac, the City of Tukwila, and the City of Kent. The responsibility of the annexing municipality to provide critical fire and EMS service must be Christy O'Flaherty, CMC Lisa Verner June 3, 2009 Page 5 recognized and assured, as well as the impact this annexation will have over those KCFPD 424 residents not currently envisioned in the annexation process that risk having essential fire and EMS services significantly impacted by an annex.ati011 that does not touch the other 24 percent of the Fire District's boundary area. The Legislature has, however, recognized the duty and the obligation of the annexing municipality to take these and other factors into consideration under RCW 35A. I4.001. 11. It is important for the City of Tukwila not to lose sight of the fact that this is essentially a one corporate owner, one-proponent annexation process, in which the City has taken the position that there are only to interested parties, the City of Tukwila and La F'ianta, LLC for the Tukwila South Development The proposed annexation, however, does carry some degree of risk and a recognizable impact to both residents and constituents of KCFPD 424 who will, be omitted from the annexation process. The net result of the proposed annexation to the remainingl Fire District 424 residents in a small district without an adequate tax base and reserve fund will jeopardize the District's ability to pay SenTac or Tukwila for fire and EMS services for residents in the former Fire District 424 area. It should be pointed out that this particular area sought to be annexed by the City of Tukwila was left out of the original. SeaTac incorporation by the Boundary Review Board at the express request of the City of Tukwila. King County Fire Protection District 424 respectfully requests that the City of Tukwila address the issues outlined by KCFPD 424 with regard to this Petition for Annexation and not allow a major developer's financial interests to totally override the .interests of those residents and constituents within Fire District 424 to be included in the armexation and those omitted from it Very truly yours, GBC:sw cc: Chief James Adsley, Ret. KCFF'D 424 Investment Officer/Contract Administrator Chris Bauer, Commissioner, KCFFD .424 Alicia B. Pittinger, Commissioner, KCFPD 424 Violet Bauer, Conunissioner, KCFPD 424 25 TO: City of Tukwila Jim. Haggerton, Mayor INFORMATIONAL MEMORANDUM City Council Mayor Haggerton FROM: Lisa Verner, Mayor's Office DATE: June VI, 2009 SUBJECT: Tukwila South Annexation ISSUE Receipt of Petition for Annexation (60% Petition) and response to Fire District. #24 comments. DISCUSSION 1. The City received the signed Petition for Annexation from La Planta •LLC on June 10, 2009. it iS an attachment to this Informational Memorandum: After taking any testimony offered at the continued public hearing on June 15, the Council may close the public hearing, deliberate on the. proposal, and take action at its June 15 Regular Meeting. 2. Testirnony from Fire District #24 representatives was received at the June 8 public hearing on the Tukwila South Annexation. in particular, a letter from Gierke, Curwen, Dynan & Jones, PS was submitted on behalf of Fire District #24. It did not ask the Council to stop the annexation but asked the Council to be aware of the impact of the annexation on Fire District #24: Below are responses to the 11 points raised in the letter 1. The City would require the applicant developing property on the west side of Orillia Road to install one or more fire hydrants, as needed, as part of the development permit approvals. City standards for new construction calf for fire hydrants to be no more than 150* from a building, as measured by a direct line of vehicular access. If such a hydrant is cost prohibitive, automatic sprinklers may be used 2 The portion of Orillia Road abutting the Tukwila South Annexation will be annexed. The. City provides fire and EMS services . within the City limits. The Tukwila Fire Department and the SeaTac Fire Department have mutual aid agreements and provide service within each others jurisdiction when called by dispatchers, 3. The City is not involved, nor Will it be involved, in Fire District #24's Contractual' arrargernents with the .City,of SeaTac. 4. No:comment. 5. These ;sues will be, addressed by the City's normal emergency management processes_ 6. As mentioned before, the Tukwila Fire Department and the SeaTac Fire Departme.nt currently have a mutual aid agreement and will continue to have this agreement. 17 INFORMATIONAL MEMO Page 2 77. As needed. the TekWila Fire Departrnent Will take., steps necessary at the time to fight a fire. 8. Relocation of SeaTac fire department headquarters is not a City of Tukwila issue. 9. Again, the Tukwila Fire Department and the SeaTac Fire Department have a mutual aid agreement and provide service in each other's jurisdiction when called by dispatchers. Tukwila Fire Department will continue to provide the same level of service it provide's now. 10. Again, the Tukwila Fire Department and the SeaTac Fire Department have a mutual aid agreement and provide service in each other's jurisdiction when called by dispatchers. Tukwila Fire Department will continue to provide the same level of service it provides now. 11. The Tukwila South Annexation applicant petitioned the City to annex its own land into the City of Tukwila. With the exception Of a King County-owned storm pond and the Historical Society cernetery, the only property being annexed belongs to the property owner •who requested the annexation. Other items whichishould be noted: The City's Potential Annexation Area (PAA) is the area currently within King County, south of the current City limits, west of the Green River, north of S 204i!' Street, and east of 1-5. The deterrnination that this area is most appropriately located within the city limits of the City of Tukwila.was made years ago in response to the Growth Management Act. At King County's urging, the City Council adopted Resolution 1561 on November 1, 2004 which states: "'Section 1. VVithin three weeks after the area described in Exhibit A (Tukwila South annexation area) becomes contiguous to the City of Tukvvila, the City Council will adopt a resolution commencing negotiations pursuant to RCW 35A.13.460 for an interlocal agreement between the City and King County to accomplish the annexation of the area described in Exhibit B (arca between Orillia Road and I-5) to the City, and directing staff to complete said negotiations on an expedited ba.sis. Within six weeks of approval of said negotiated interlocal agreement by the City and King County, the City will adopt an ordinance providing for the annexation of the area described in Exhibit B, which ordnance shall provide for an effective date of annexation not later that sixty (60) days after adoption Of the ordinance." (i(alics added) The City intends toannex the rerriaining portion of the Potential Annexation Area as noted above. The EnVironmental irnpactStatement for the Tukwila South Project determined the necessity to relocate Tukwila's Fire Station 51 (Headquarters Station) to the vicinity of S 180th so that it would be more centrally located within its service area The Tukwila South Project Development Agreement provides for donation by Le Planta LLC of up to three acres of land in area just south of S 180th Street along Southcenter Parkway for the relocated station. Construction funds will be raised through fire impact fees. 1 8 2Q in:cAternas°,11-,roMerno Annex F24 response 6:15-3S.doc :rFCRr.4ATIO\iAL c17.11") Pag e 3 RECOMMENDATION Accept any tes:irnony at the Tukwila South .A.hrexatica outric hearing, close, the hearing, on th .L.:. ar,d take ac`.:on :in the 3nnexatr ordinance at thT Courcirs Regular Meeting on June 15. ATTACHMENTS Lste,r from Gierl<a, Curven, Dynan & Jones, PS (distributed at public hearing en June 8) Resolution 1561 Ordinance in final form 19 GREEN RIVER CONSTRUCTION CO., INC. 6402 South 144th St., Suite al Tukwila, Washington 98163 Office: (206) 246-9456 Fax: (206) 246-2274 September 1, 2009 niir. Jim Adsley Adsley & Associates 3280 South Saratoga Rd, Langley, .WA 98260 Re: King County Fire District 424 Bid Proposal Dear Jim: We propose to provide all labor, material and equipment necessary to perform the following work'on the above cautioned project. 1. 1 LS Bore 2. LS Prep Bore Pit 3, 2 EA Tap Main 4, I •LS Pipe 5. 1 LS Carrier Skids 6. 1 LS Sand Backfill in Casing 7. 2 EA FHA 8. 1 LS Saw Cut and Asphalt 9. 1 LS Import / Export Total Proposal .$ 87,200.00 Exclusions 1. Dewatering and/or solid rock excavation 2. Hazardous/contaminated materials handling, removal or disposal including asbestos 3: :Removal, relocation/realignment or replacement of third-party utilities 4, Remedial work required due to conflicts with existing utilities underground or overhead S. Soils compaction testing; slope and/or stockpile protection 6: Capping of exitting utilities not shown on plans 7% 'Cost for City installed materials & Permits, asse_ssments, misc. fees 9. Survey and/or engineered as-builts 10. Staking &.engineering fees 11. WSST & bond. This price is good for 30 days. Pease call with any ques ions, Sincerely, Jerry Knudson President Lisa's BRB Public Hearing Talking Points 10 -20 -09 Thank you, Madam Chai Lisa Verner, City of Tukwila's project manager for this annexation Mayor Jim Haggerton City Administrator Rhonda Berry Fire Chief Nick Olivas City Attorney Shelley Kerslake Brief overview, then Mayor Haggerton will make a few remarks. Chief Olivas will follow him with comments on fire service. I will return with closing comments. • Direct petition method of annexation — La Pianta LLC /the Segale family • Mark Segale, property owner • Jack McCullough, attorney for La Pianta • 259 acres • Bounded by City limits on north, Green River on east, S 204th on south, and Orillia Road/I -5 on west • Part of larger La Pianta ownership of 500 acres • Area to be annexed is mostly vacant now • City has worked hard over last 5 years with La Pianta to design a new commercial and residential project that, when complete will bring urban densities and economic diversity to Tukwila • City has the resources to provide urban services to this area proposed for annexation as it provides to the rest of the City Mayor Haggerton Fire Chief Olivas This proposed annexation is consistent with: The City's Comprehensive Plan Calls for annexation of this area In the City's Potential Annexation Area (PAA) The County's Countywide Planning Policies and Comprehensive Plan • As specifically identified in Notice Of Intention submittal • Cities are logical providers of urban services • Proposed annexation is well inside Urban Growth Area • KC Comp Plan policies U -201 and U -206 strongly support transition of Urban Growth Area to city status Lisa's BRB Public Hearing Talking Points 10 -20 -09 Growth Management Act Meeting goals for urban development in incorporated areas with municipal provision of services This proposed annexation is consistent with applicable BRB factors and objectives as outlined in RCW 36.93.170 and 180 • Preserves natural neighborhoods and communities, is an extension of Urban Center of Tukwila • Uses physical boundaries to define the annexation area • Creates and preserves logical service areas by extending existing city services • Prevents abnormally irregular boundaries by using existing physical boundaries • Adds an urban unincorporated area into the corporate boundaries of an urban city Proposed Tukwila South Annexation does not include all the land within the City's PAA; the City will complete annexation of the remainder of the PAA in the near future 2004 — Resolution 1561 2009 — Memorandum of Agreement with King County Executive �,"'' To start Interlocal Method of Annexation 2009 — Resolution 1694 `E'14 First step in Interlocal Annexation process City will follow through on annexation of remainder of PAA Over the last several years, as the Tukwila South Development Agreement was negotiated and this annexation was contemplated, we have met with Fire District #24 representatives. Because they have expressed concern about two additional fire hydrants, the Mayor has offered to waive City receipt of the Reserve Funds needed for the District to install the hydrants. We have finalized the annexation legal description with the tremendous help of County staff members Overall, this proposed Tukwila South annexation will bring resources and benefits into the City and the City will provide it with the same level of services provided to the rest of the City. We ask you to approve this annexation. Mayor's Talking Points for BRB Hearing 10 -20 -09 • On behalf of City of Tukwila, I appreciate you holding a hearing this evening. This Tukwila South Annexation is very important to the City. • Mr Mario Segale proposed annexing this 259 acres into the City, so this annexation is at the property owner's request. • The City Council approved this annexation in conjunction with approving a Development Agreement for the Tukwila South Project in early June. Mr Segale and I signed the Agreement on June 10. We have been working on the Tukwila South Project since 2004. • Tukwila intends and has the necessary resources to directly provide a full array of urban services to this area at a service level consistent with the rest of the City. • Tukwila South Project looks forward to private development over the next 15 -25 years. • The Tukwila South Annexation is vacant land in the middle of the intensely developed Southcenter/Kent Valley area. This area is the economic engine for South King County and the entire region. Development of this property will bring economic diversity to the City of Tukwila. • This property is within the City's Potential Annexation Area (PAA) and is within King County's Urban Growth Area (UGA). • The City will provide fire and police services, sanitary sewer and storm drainage services, as well as local government services. Highline Water District will provide water service. • I understand Fire District #24 is concerned about additional fire hydrants on Orillia Road and I wrote them a letter suggesting the City would be willing to waive accepting the Reserve Funds if the District wished to use those funds to install hydrants now. (HAND OUT COPIES OF LETTER) • Thank you for your consideration of this annexation and I urge you to approve it. Talking Points Re: Fire District Comments • Proposal annexes about 75% of the current territory of Fire Dist 24. • The remaining area is the subject of a second annexation which was initiated by the City on October 19, 2009. And is anticipated to be completed • The City agrees that the two hydrants mentioned in the Fire District's material are needed and does not object to the district retaining the funds from its reserve account to perform the work of installing those hydrants. The City just requests that the Fire Dist. coordinate with the City on placement.,/ 9 SeaTac • SeaTac currently provides fire service to the Fire Dist territory outside of SeaTac:. , • The agreement for this service calls for payment by the Fire District of the taxing funds it receives — there is no set amount called for in the contract. • SeaTac has been aware of this annexation for years and has never indicated that it would not continue to provide the service required under the contract • The agreement does not allow SeaTac to terminate service. Only after an election or petition by the voters oft e Fire Dist. can the agreement be terminated. • Response to the. area will be provided in the same manner that it is for other areas of the City. The nearest engine will be dispatched and in some instances that will be SeaTac — so response times should remain as they are now — there would be no change in service. • flans are currently under way to site a Tukwila Fire Station in the vicinity of S. /7t' — which would provide even better response times to this area in the near 6 future. • The City currently has mutual aid agreements with SeaTac; thus, service to this area will not be impacted. Fire Service • Will be provided directly cfa�w • The nearest station is located at . Fully maimed with full time personnel • This station has an engine and , , and • We have EMT personnel • Applicable rating ? • Our source of dispatch is Lisa Verner - RE: Tukwila South annexation legal description From: To: Date: Subject: CC: Attachments: "Whiting, Kelly" "Lisa Verner" , "Clemens, Gwen" , "Blauman, Lenora" 10/20/2009 4:09 PM RE: Tukwila South annexation legal description "Keller, Nicole" "Keller, Nicole" OK, here is what I have been able to determine. Page 1 of 3 The boundary segment that our notes indicated was per Kent Ord. 269 has been verified as being included in the 1978 Kent Ord. 2114. (That portion along the river bend in the NE corner of the annexation area). Did not find any reference to Kent Ord. 269 in my time spent with our historical files this afternoon. Furthermore, that ordinance number would be either be out of sequence, or would have occurred decades earlier. Annexation maps from this earlier period show the subject area outside the City limits prior to the 1970s. Therefore, as much as I hate to second guess staff (especially Nicole), I tend to agree with Lisa's determination. That being, that King County Road Services' request to include Kent Ord 269 in the list of abuttng annexations was incorrect, and that the legal description proposed by Lisa is an accurate representation of the proposed boundary. For reference, I have attached Lisa's edit to this e-mail, and our copy of the 1978 "UPLANDS" annexation map (scanner is down, will send when able). I hope you find this informaton helpful. -- Kelly. •rnr, 1x1 • , A • T11TA • - 1 •1 /A AA 1 AA 1 AA /T1 AA 1 • 1 AT 1 \ !ITy T, AA AAI 1 A 4,A ,r AAA Page 2 of 3 From: Lisa Verner [mailto:Iverner @ci.tukwila.wa.us] Sent: Tuesday, October 20, 2009 3:19 PM To: Clemens, Gwen; Blauman, Lenora Cc: Whiting, Kelly; Keller, Nicole Subject: RE: Tukwila South annexation legal description Thanks, Gwen. Aren't last minute details amazing ? ?? Lisa »> On 10/20/2009 at 3:15 PM, in message < 8D5CF6D0FA910041A286B04085B5B04D06E5A18C @mkey0l.kc.kingcounty.Icl >, "Clemens, Gwen" <Gwen.Clemens @kingcounty.gov> wrote: Lisa - We are trying to get a confirmation, but may not be able to get a review before the meeting tonight. However, I am sure we can both speak in agreement that we are working on the details. Gwen Gwen Clemens Sr. Policy Analyst Office of Strategic Planning and Performance Management 206 - 263 -9686 1__//!'1 NI T_ __\ A A TTIT7 /1 A Ca__1_ _____1!7!1!1 ___ 1 /lh1^7^7f71^7C' 1 A 1 Oil Tl /1/1!1!11 1 /1 /^1!1 /^1/1 Ail Page 3 of 3 From: Lisa Verner [mailto:Iverner @ci.tukwila.wa.us] Sent: Tuesday, October 20, 2009 2:26 PM To: Blauman, Lenora Cc: Clemens, Gwen; Keller, Nicole Subject: Tukwila South annexation legal description Lenora, The Tukwila South Annexation property owner just called and we discussed the legal description language we have been working on. I think there is a "typo" in that Ordinance 269 is mentioned for both Tukwila and for Kent. Tukwila does have a real Ord 269, which annexes property directly north of the Tukwila South Annexation. The coincidence of Kent also having an Ordinance 269 which annexes property abutting the Tukwila South Annexation is too much! I believe the reference to Kent Ord 269 at the end of the first paragraph of the legal should be deleted. The legal would then read: Legal Description: 'Those portions of Section 35, Township 23 North, Range 4 E. Willamette Meridian; Section 2, Township 22 North, Range 4 E. Willamette Meridian; and Section 3, Township 22 North, Range 4 E. Willamette Meridian, lying south of the City of Tukwila corporate limits as established by the City of Tukwila Ordinances 1125, 472, 269, and 696; East of the east right -of -way margin of Interstate Highway 5; East of the west right -of -way margin of Orillia Road South; North of the north right -of- way margin of South 204th Street and west of the City of Kent Ordinances 2114 and 2351; Together with: That portion of South 204th Street lying north of and immediately adjacent to the north line of the City of Kent corporate limits as established by City of Kent Ordinance 1727, and westerly of the thread of the Green River;" Please see the attachment to see exact changes. Is it possible to get King County confirmation of this duplication today? Thanks, Lisa 411,,./in.\ ,..,\A A 1-1TYDn A AA r .1 AM '7.7ZD '7n1 A 1 OD 1 \(w) nnnni 1 n /711 /7nnn Tukwila South Annexation Legal Description 10 -20 -09 Legal Description: 'Those portions of Section 35, Township 23 North, Range 4 E. Willamette Meridian; Section 2, Township 22 North, Range 4 E. Willamette Meridian; and Section 3, Township 22 North, Range 4 E. Willamette Meridian, Tying south of the City of Tukwila corporate limits as established by the City of Tukwila Ordinances 1125, 472, 269, and 696; East of the east right -of -way margin of Interstate Highway 5; East of the west right -of -way margin of Orillia Road South; North of the north right -of -way margin of South 204th Street and west of the City of Kent Ordinances 2114T and 2351, and 269; Together with: That portion of South 204th Street lying north of and immediately adjacent to the north line of the City of Kent corporate limits as established by City of Kent Ordinance 1727, and westerly of the thread of the Green River;" ORDINANCE NO. 2 t i Li AN ORDINANCE of the City of Kent, mss, N S 180TH ST 5 I • ::TdCW t1. D t 4 //ti rs ; zi 4 �• S 190TH ST >'•' 0 K 35' 36 ZORILLIA 181574 °SCHOOL ST > (VAC) o S 1B2NO ST 0 h S 188TH ST • STH SOUTH STREET • 'elf . felvc 4.1 �� TERCHANGE =� ST �o �o• log, Opp' 5 Noy rw ST — ^J� Industrial Road Industrial Road Industrial Road Industrial Road S 212TH ' ST OBRIEN ", ELEMENTARY CI SCHOOL S 206TH 09 -154 Council Approval N/A MEMORANDUM OF AGREEMENT BETWEEN MAYOR OF TUKWILA AND THE KING COUNTY EXECUTIVE RELATING TO THE ANNEXATION OF TUKWILA SOUTH ANNEXATION AREA AND SUBSEQUENT ISLAND ANNEXATION This Agreement is hereby entered into by the County Executive of King County, a home rule charter county, a political subdivision of the State of Washington, and the Mayor of the City of Tukwila, a municipal corporation. RECITALS WHEREAS, in 2004, the county embarked on a multi -year initiative, partnering with cities, communities and the state legislature, to accomplish annexations at a faster pace, finding additional funding sources to smooth the transition to city government, and, where appropriate, seeking changes in state annexation law; and WHEREAS, the city of Tukwila has commenced annexation proceedings for the Tukwila South Annexation, Boundary Review Board File Number 2304, hereinafter called "Tukwila South Annexation ", located within the City's PAA and under ownership or control by La Manta LLC; the Tukwila South Annexation is depicted in Exhibit A; and WHEREAS, once that annexation is completed it will leave a small unincorporated area, hereinafter called the "Residential Island ", immediately to the west of the Tukwila South Annexation; and WHEREAS, the Tukwila South Annexation to Tukwila would make Tukwila the most logical service provider for the Residential Island; the Residential Island is depicted in Exhibit B; and WHEREAS, the City Council of the City of Tukwila passed on November 1, 2004, a resolution declaring its intent to begin the annexation process for the Residential Island property within three weeks after the annexation of the Tukwila South Property; and NOW, THEREFORE, it is hereby agreed between the parties as follows: AGREEMENT 1) The City of Tukwila shall initiate the annexation of the Residential Island, depicted in Exhibit B, under the interlocal method of annexation (RCW 35A.14.460) within three weeks of the effective date of the annexation of the Tukwila South Annexation to the City of Tukwila. off° 'c Q sC.n o.)243 City /County MOA Page 2 of 2 2) The City of Tukwila shall set the effective date for the Tukwila South Annexation on or before December 31, 2009. 3) King County agrees to support the Tukwila South Annexation. 4) Should the Tukwila South Annexation to the City of Tukwila not become effective by December 31, 2009, the Mayor of the City of Tukwila shall recommend to the Tukwila City Council that it commence efforts to annex the entire PAA (both the Tukwila South Annexation and the Residential Island) by June 30, 2010. For the City of Tukwila: A «./ dim Hagg� / : Mayo ated: Approved as to Fo City o °T ila Le :,a1 Counsel Dated: 2 For King County: By Kurt Triplett Title: King County Executive Dated: ! p p Approved as to Form: CJL-1)1 By: Darren E Carnell Senior Deputy Prosecuting Attorney Dated: Legend Exhibit A c„! City Limits ■ ■ Potential Annexation Area (PAA) Tukwila South Annexation Area Green /Duwamish River Legend Exhibit B j City Limits Potential Annexation Area (PAA) Residential Island Annexation Area Green/Duwamish River King County Office of Strategic Planning & Performance Management Chinook Building 401 Fifth Avenue, Suite 810 Seattle, WA 98104 October 3, 2009 Claudia Hirschey Chair, King County Boundary Review Board Yesler Building, Room 402 400 Yesler Way Seattle, WA 98104 Dear Ms. Hirschey: In response to the briefing schedule set by the King County Boundary Review Board, I am transmitting King County's policy brief regarding the proposed annexation of the Tukwila South Annexation Area by the City of Tukwila prepared by King County's Office of Strategic Planning and Performance Management. A county representative will attend the public hearing set for October 20, 2009. If there are questions, please contact Gwen Clemens, Senior Policy Analyst, at 206 263 -9686. Sincerely, Elissa Benson Deputy Director cc: The Honorable Julia Patterson, King County Council Noel Treat, Chief of Staff, Executive Office Lisa Verner, Tukwila South Project Manager, City of Tukwila Karen Wolf, Office of Strategic Planning and Performance Management, Planning Section Supervisor REPORT TO THE WASHINGTON STATE BOUNDARY REVIEW BOARD OF KING COUNTY IN THE MATTER OF THE PROPOSED ANNEXATION OF TUKWILA SOUTH ANNEXATION TO THE CITY OF TUKWILA Boundary Review Board File No. 2304 Public Hearing: October 20, 2009 I. BACKGROUND On August 7, 2009, the Washington State Boundary Review Board for King County ("BRB") received a Notice of Intent ( "NOI ") for the Proposed Annexation of Tukwila South Annexation, a copy of which was received by the County that same month. According to the City of Tukwila, the ProposedAnnexationwould- include.approximately 12 residents in an urban area of King County generally located to the south of the City of Tukwila. The City of Tukwila's NOI estimates the size of the area at approximately 259 acres. The Proposed Annexation of this PAA lies within the City of Tukwila's Potential Annexation Area (PAA). The PAA is generally bounded by the City of Tukwila to the north, the western border is variously formed by Orillia Road south and Interstate 5, the eastern border is formed by the Green River, and the southern board is formed by South 204th Street contiguous with the existing city limits of the City of Kent and an unincorporated area with the city of Kent's PAA. II. CONSISTENCY WITH STATE GROWTH MANAGEMENT ACT AND COUNTYWIDE PLANNING POLICIES State law (RCW 36.93.157) stipulates that BRB decisions must be consistent with three sections of the state's growth management act ( "GMA "): planning goals, urban growth areas and countywide planning policies. The County finds the Annexation Proposal is consistent with the policy intent of the Countywide Planning Policies. a. Planning Goals: The County has an adopted comprehensive land use plan as required by GMA. The plan has been deemed consistent with the GMA by the state Department of Community, Trade and Economic Development ( "CTED ") as it supports the ..Act's various_goals which_ _ _ include among other things planning for urban growth, reduction of sprawl, housing, transportation, and open space and recreation. Further, the county's comprehensive land use plan is consistent with the adopted Countywide Planning Policies' ( "CPPs "). The City of Tukwila similarly has an adopted comprehensive land use plan deemed consistent with GMA by CTED. Both the County and the City of Tukwila's plan calls for the annexation by Tukwila of the Tukwila PAA. The Annexation Proposal leaves a small ' The consistency required between RCW 36.70A.100 and RCW 36.70A.210 is an external consistency between comprehensive plans. The CPPs do not speak directly to the implementing land use regulations of cities and counties. [CPSHB, Snoqualmie, 2304c, FDO]. unincorporated area, hereinafter called "Island" immediately to the west of the Tukwila South Annexation. The City of Tukwila has agreed to • proceed with annexation of the Island upon annexation of the Tukwila South area. Therefore, the Annexation Proposal is consistent with this goal. b. Urban Growth Areas: The CPPs call for growth to be focused into urban areas (U -203) and states that cities are the appropriate providers of local services in urban areas (FW -13). The Annexation Proposal is consistent with this goal. c. Countywide Planning Policies: The consistency of the Annexation Proposal is established by the preceding discussion. The Annexation Proposal is consistent with this goal. III. CONSISTENCY WITH BOUNDARY REVIEW BOARD FACTORS AND OBJECTIVES In addition to reviewing an annexation proposal for consistency with state GMA, Countywide Planning Policies, and the King County Comprehensive Plan, the BRB must also evaluate it based on the nine objectives set forth in RCW 36.93.180. In doing so, the BRB may consider a host of factors (RCW 36.93.170) which include but are not limited to land use, population, provision of municipal services, cost of local services, economics, and development regulations. Below are listed the objectives set forth in RCW 36.93.180 along with analysis to determine if each of these objectives is met by the original proposal, and if not, which ones are hindered. A final assessment is made to see if, overall, the objectives were furthered by the proposal. Objectives: 1. Preservation of natural neighborhoods and communities. Annexation of the area as outlined in the legal description would indeed lead to the consistent application of service levels, consistent development standards and consistent zoning regulations. The Annexation Proposal was proposed in conjunction with a development agreement between property owners and the city of Tukwila for a 512 acre development including the proposed annexation area. The Annexation Proposal meets or furthers this objective. 2. Use of physical boundaries, including but not limited to bodies of water, highways, and land contours. The proposed annexation relies on existing city limits, and the eastern and southern boundaries of the City of Tukwila PAA. A portion of the western boundary will continue to be adjacent to the City of Tukwila PAA; however the city intends to proceed with annexation of the remaining Island upon completion of the Tukwila South Annexation. The Annexation Proposal meets or furthers this objective. 3. Creation and preservation of logical' service areas. As noted above, both the GMA and the CPPs designate cities as the logical provider of urban services. Cities have been afforded by the state legislature taxing authority distinctly advantageous in comparison to that authority available to counties: unlike counties, cities have both business and occupations tax and utility tax authority to support the provision of local urban services. Consequently, cities are better able to provide a broader array of services synonymous with urban areas than can the county. The longer these urban areas remain unincorporated, the more difficult it becomes financially for the County to provide local services while at the same time fulfilling it regional service and rural service responsibilities. The City of Tukwila has demonstrated that is has the capacity to logically and efficiently serve the Tukwila South area. The Annexation Proposal meets or furthers this objective. 4. Prevention of abnormally irregular boundaries. Existing water features and roads are used as the proposed annexation's boundaries. The Annexation Proposal prevents abnormally irregular boundaries and meets or furthers this objective. 5. Discouragement of multiple incorporations and encouragement of incorporation of cities in excess of 10,000 population in heavily populated urban areas. Incorporation is not at issue here. _ 6. Dissolution of inactive special purpose districts. The County determines that this objective is neither furthered nor hindered by the annexation because it has no application to this proposal. 7. Adjustment of impractical boundaries. The proposed annexation area as outlined in the legal description and is within the city of Tukwila's PAA. The County determines that this objective is neither furthered nor hindered by the annexation because it has no application to this proposal. 8. Incorporation of cities or towns or annexation to cities or towns of unincorporated areas which are urban in character. The proposed annexation area as outlined in the legal description is urban in nature and is located within the County's designated urban growth area. The Annexation Proposal meets or furthers this objective. 9. Protection of agricultural and rural lands. The County determines that this objective is neither furthered nor hindered by the annexation because it has no application to this proposal. In sum, the annexation proposal meets or furthers objectives 1, 2, 3, 4, and 8. Objectives 5, 6, 7 and 9 are not applicable to this proposal. Thus, in weighing all of the BRB objectives, the Annexation Proposal, meets the majority of the BRB objectives. VI. CONCLUSION RCW 36.93.180(8) directs the BRB to "attempt to achieve...the annexation to cities...of unincorporated areas which are urban in character." Based on the arguments set forth in this document and the conclusions listed below, the County finds that it is in the best interest of all parties to approve the Annexation Proposal without further change: 1. The Annexation Proposal furthers the governance transition of the community from urban unincorporated to incorporated status as envisioned by the regionally adopted Countywide Planning Policies (CPPs). 2. Pursuant to GMA and CPP policy, cities are the logical provider of urban services and the counties are the logical provider of regional and local-services within the rural area. 3. Cities have the taxing authority necessary to extend and provide urban levels of service to urban unincorporated areas. 4. King County Comprehensive Plan policies U -201 and U -206 strongly support transition of the urban growth area to City status. VII. REQUEST The County respectfully requests that the BRB approve the Annexation Proposal. • • RECEIVED SEP 0 2 , 2009' commuNav The Washington State Boundary Review Board For King County Regular Meeting 7: OOPM Thursday, September 10, 2009 Bellevue Fire Station #9 12412 SE 69th Way Bellevue, WA AGENDA I. CALL TO ORDER - 7:OOPM Claudia Hirschey, Chair II. ROLL CALL Robert Cook, Vice -Chair Evangeline Anderson Charles Booth Sylvia Bushnell A.J. Culver Robert George III. MINUTES: Regular Meeting, July 9, 2009 SCHEDULING OF PUBLIC HEARING - FILE NO. 2304 - CITY OF TUKWILA- IV. V. Lynn Guttmann John Holman Roger Loschen Michael Marchand TUKWILA SOUTH ANNEXATION ADMINISTRATION A. Chair's Report B. Committee Reports �� a-a 5 / Pei- - ivF� car AGENDA, September 10, 2009, Cont. Page two C. Executive Secretary's Report VI. NEW BUSINESS: A. New Files: File No. 2303 — City of Renton — West Hill Annexation File No: 2304 - City of Tukwila — Tukwila South Annexation B. Masterlist C. Upcoming Actions VII. ADJOURNMENT • • NOTICE OF PUBLIC HEARING CITY OF TUKWILA - SOUTH TUKWILA ANNEXATION FILE NO. 2304 NOTICE IS HEREBY GIVEN that the WASHINGTON STATE BOUNDARY REVIEW BOARD FOR KING COUNTY will hold a Public Hearing to consider the proposed annexation to the City of Tukwila of and area known as "Tukwila South" all in King County, Washington. The Public Hearing will take place on Tuesday, October 20, 2009, at the hour of 7:OOPM. The hearing location will be DDES Hearing Room, 1000 Oakesdale Avenue SW, Renton, WA 98057 -5112. Those portions of Section 35, Township 23 North, Range 4 E.W.M.; Section 2, Township 22 North, Range 4 E.W.M.; and Section 3, Township 22 North, Range 4 E.M.W., lying south of the City of Tukwila corporate limits as established by City of Tukwila Ordinance 1125; east of the east right of way margin of Interstate Highway 5; east of the west right of way margin of Orillia Road South; north of the north right of way of margin of South 204th Street and west of the City of Kent Ordinance 2114; together with: That portion of South 204th Street lying north of and immediately adjacent to the north line of the City of Kent corporate limits as established by City of Kent Ordinance 1727. All situate in the County of King; State of Washington. A COMPLETE LEGAL DESCRIPTION IS ON FILE AND AVAILABLE AT THE OFFICE OF THE BOUNDARY REVIEW BOARD. The Boundary Review Board conducts all meetings and hearings in locations that are wheelchair accessible. Any person requiring other disability accommodations or special assistance should contact the Boundary Review Board staff at least two business days prior to the meeting. The Boundary Review Board telephone is 206 - 296 -6800. For TTY telephone services, please call 711. Each request for accommodations or assistance will be considered individually according to the type of request, the availability of resources and the financial ability of the Board to provide the requested services or equipment. DATED at Seattle, Washington, on the September 11, 2009 WASHINGTON STATE BOUNDARY REVIEW BOARD FOR KING COUNTY Lenora Blauman Executive Secretary •1 Washington State Boundary Review Board For King County Yesler Building, Room 240, 400 Yesler Way, Seattle, WA 98104 Phone: (206) 296 -6800 • Fax: (206) 296 -6803 • http: //www.kingcounty.gov /annexations September 11, 2009 City of Tukwila Attn: Lisa Verner, Tukwila South Project Manager. 6300 Southcenter Blvd, Suite 100 Tukwila, WA 98188 RECEIVED SEP 14 2009 COMMUNITY DEVELOPMENT IN RE: NOTICE OF HEARING File No. 2304 - City of Tukwila - Tukwila South Annexation Please see attached Notice concerning dates for a public hearing to consider the boundaries of the above - referenced file. Lenora Blauman Executive Secretary Enclosure: Notice of Hearing cc: Address on file label(s) CERTIFIED MAIL RETURN RECEIPT REQUESTED FORM HE2 TUKWILA SOUTH ANNEXATION Legal Description: "Those portions of Section 35, Township 23 North, Range 4 E. Willamette Meridian; Section 2, Township 22 North, Range 4 E. Willamette Meridian; and Section 3, Township 22 North, Range 4 E. Willamette Meridian, lying south of the City of Tukwila corporate limits as established by the City of Tukwila Ordinances 1125, 472, 269, and 696; East of the east right -of -way margin of Interstate Highway 5; East of the west right -of -way margin of Orillia Road South; North of the north right -of -way margin of South 204th Street and west of the City of Kent Ordinances 2114, 2351,x1. Together with: That portion of South 204th Street Tying north of and immediately adjacent to the north line of the City of Kent corporate limits as established by City of Kent Ordinance 1727, and westerly of the thread of the Green River;" Enlarged PAA map, showing the S 204th St ROW above the Kent PAA as being in the Kent PAA and the S 204th ROW between Kent and the Tukwila PAA as split down the centerline between Kent and Tukwila. (From Paul Reitenbach, King County; 10- 14 -09) Tukwila South Annexation Legal Description 10 -20 -09 Legal Description: 'Those portions of Section 35, Township 23 North, Range 4 E. Willamette Meridian; Section 2, Township 22 North, Range 4 E. Willamette Meridian; and Section 3, Township 22 North, Range 4 E. Willamette Meridian, Tying south of the City of Tukwila corporate limits as established by the City of Tukwila Ordinances 1125, 472, 269, and 696; East of the east right -of -way margin of Interstate Highway 5; East of the west right -of -way margin of Orillia Road South; North of the north right -of -way margin of South 204th Street and west of the City of Kent Ordinances 2114,— and 2351, and 269; Together with: That portion of South 204th Street Tying north of and immediately adjacent to the north line of the City of Kent corporate limits as established by City of Kent Ordinance 1727, and westerly of the thread of the Green River;" Page 1 of 2 Lisa Verner - FW: Tukwila South Annexation (BRB 2304) From: "Clemens, Gwen" To: "Lisa Verner" Date: 10/15/2009 12:20 PM Subject: FW: Tukwila South Annexation (BRB 2304) Lisa - Here's the response I received from our folks. Have you heard anything from Roads? Unfortunately Nicole was gone by the time we received this map. I'll call you to discuss this further. Gwen Gwen Clemens Sr. Policy Analyst Office of Strategic Planning and Performance Management 206 - 263 -9686 From: Reitenbach, Paul Sent: Wednesday, October 14, 2009 3:53 PM To: Clemens, Gwen Subject: FW: Tukwila South Annexation (BRB 2304) Gwen, here is the enlarged PAA map, showing the r/w above the Kent PAA as being in the Kent PAA and the r/w between Kent and the Tukwila PAA as split down the centerline between Kent and Tukwila. Hope this helps. From: Clemens, Gwen Sent: Wednesday, October 14, 2009 11:34 AM To: McCombs, Paul Cc: Reitenbach, Paul; Keller, Nicole Subject: FW: Tukwila South Annexation (BRB 2304) Paul - Can you take a look at the PAA southern boundary for this annexation? I just spoke with Nicole Keller and Lisa Verner (city of Tukwila) told her that Tukwila and Kent both believed S 204th was in the Kent PAA. As you can see from below, Tukwila will accept it if they need to, but I'd like to get your read on the question. The BRB public hearing is 10/20 and Nicole is leaving for a week at about 3 pm today, so if you can get to this before she's gone that would be great. Thanks! file: / /C:\ temp\ XPGrpWise \4AD713A8tuk- mail6300 -po 1001776B7919FCA 1 \GW } 00001.... 10/15/2009 Page 2 of 2 Gwen Given Clemens Sr. Policy Analyst Office of Strategic Planning and Performance Management 206 - 263 -9686 From: Usa Vemer [ mailto :lverner @ci.tukwila.wa.us] Sent: Wednesday, October 14, 2009 11:02 AM To: Keller, Nicole Cc: Bob Giberson; Shelley Kerslake; Clemens, Gwen Subject: Tukwila South Annexation Nicole, Thanks for talking with me this morning. I will work with Gwen to figure out where the correct PM lines are and how to clean up that jog where the ROW was vacated. If the whole S 204th ROW Is in Tukwila's PAA, well probably go ahead and accept that as part of the Tukwila South Annexation In order to get it through the BRB hearing next Tuesday (10/20/09). I've talked to the City Attorney and we can work with Kent to get the ROW Into Kent's Jurisdiction after the TS annexation becomes effective. Llsa Usa Verner Tukwila South Project Manager City of Tukwila 206 -431 -3662 lverner cI.tukwila.wa.us file: / /C:\temp\XPGrp Wise \4AD713A8tuk- mail6300 -po 1001776B7919FCA 1 \GW } 00001.... 10/15/2009 a Washington State Boundary Review Board For King County Yesler Building, Room 240, 400 Yesler Way, Seattle, WA 98104 Phone: (206) 296 -6800 • Fax: (206) 296 -6803 • http: //www.kingcounty.gov /annexations September 8, 2009 City of Tukwila Attn: Lisa Verner, Tukwila South Project Manager 6300 Southcenter Blvd, Suite 100 Tukwila, WA 98188 RE: REQUEST FOR REVISED LEGAL DESCRIPTION File No. 2304 — City of Tukwila — Tukwila South Annexation Dear Ms. Verner: Enclosed please find a copy of the letter from. King County Engineering staff regarding the legal description submitted as part of the above Notice of Intention. If you are in agreement with the corrections and suggestions made in the letter, please submit a revised legal description to our office as soon as possible. The corrected legal description must be used on all future documents related to this proposal. We suggest you direct any questions concerning the County Engineering recommendations to Nicole Keller, Road Services Division, at 206 - 296 -3731. Sincerely, Lenora Blauman Executive Secretary Enclosure: Letter from King County Road Services Division dated September 2, 2009 cc:' FORM 8 Anne Noris, Clerk of the Council (w /o enclosures) Lydia Reynolds- Jones, Manager, Project Support Services(w /o enclosures) King County Road Services Division Department of Transportation KSC -TR -0231 201 South Jackson Street Seattle, WA 98104 -3856 www.kingcounty.gov/roads September 2, 2009 Lenora Blauman Executive Secretary Boundary Review Board YES -BR -0240 RECEIVED 'SEP 9 2009 WA State Boundary review Board For King Co. RE: City of Tukwila — Tukwila South Annexation (BRB File 2304) Dear Ms. Blauman: Thank you for the opportunity to review the legal description for the proposed Tukwila South Annexation to the City of Tukwila transmitted with your August 10, 2009 letter. Staff reviewed the enclosed legal description and found it coincided with the enclosed highlighted map. However, the legal description is missing several references to surrounding annexations. Additionally, the legal description does not include an adjacent portion of the King County- Maintained South 204th Street right -of -way that is within the City of Tukwila's Potential Annexation Area. Therefore, staff recommends the following revisions to the Tukwila South Annexation legal description, as per the attached red -lined copy: Where it reads: "Those portions of Section 35, Township 23 north, Range 4 E. W.M; Section 2, Township 22 North, Range 4 E. W.M; and Section 3, Township 22 North, Range 4 E.W.M lying south of the City of Tukwila corporate limits as established by City of Tukwila Ordinance 1125; east of the east right -of -way margin of Interstate Highway 5; east of the west right -of -way margin of Orillia Road South; north of the north right -of -way margin of South 204th Street and west of the City of Kent Ordinance 2114; Together with: That portion of South 204th Street lying north of and immediately adjacent to the north line of the City of Kent corporate limits as established by City of Kent Ordinance 1727;" It should read: "Those portions of Section 35, Township 23 north, Range 4 E. Willamette Meridian; Section 2, Township 22 North, Range 4 E. Willamette Meridian; and Section 3, Township 22 North, Range 4 E. Willamette Meridian, lying south of the City of Tukwila corporate limits as established by City of Tukwila Ordinances Lenora Blauman September 2, 2009 Page 2 1125, 472, 269, and 696; East of the east right -of -way margin of Interstate Highway 5; East of the west right -of -way margin of Orillia Road South; North of the north right -of -way margin of South 204th Street and west of the City of Kent Ordinances 2114, 2351, and 269; Together with: That portion of South 204th Street lying north of and immediately adjacent to the north line of the City of Kent corporate limits as established by City of Kent Ordinance 1727, easterly of Orillia Road South, and westerly of the thread of the Green River;" When reviewing legal descriptions for annexations, staff attempts to identify islands of unincorporated County and/or marginal road rights -of -way that may have been overlooked by the City in developing the legal description. For this particular annexation, the submitted legal description excluded an adjacent portion of annexable South 204th Street right -of -way that is currently maintained by King County. King County Road Services has made some suggested edits to this boundary that will incorporate said portion of South 204th Street. Tax Parcel #032204 -9049, a King County -owned parcel that appears to be utility right -of- way, is segregated by the proposed annexation boundary. King County- maintained Bridge #4001, the South 196th Street and South 200th Street Bridge over the Green River, is currently under split jurisdiction between King County and the City of Kent. This bridge is within the proposed annexation boundary, and upon annexation will be under the split jurisdiction of the City of Kent and the City of Tukwila. There are no King County Parks within the proposed annexation boundary. There are no Road Services Division's mitigation sites within the proposed annexation boundary. There are no King County- maintained off -road stormwater facilities within the annexation boundary. There are no new streets within the proposed annexation boundary that remain under maintenance - defect bond with King County, as currently posted by the developer for the required two -year maintenance- defect period. There are no tax lots within the proposed annexation boundary that are parcels of land owned by King County Road Services Division, as identified from County GIS data. The following list of tax lots within the proposed annexation boundary are parcels of land owned by other King County departments, as identified from County GIS data. We recommend that these parcels be researched to determine whether King County should retain ownership interest after annexation. Lenora Blauman September 2, 2009 Page 3 King County (non -RSD) Parcels (tax lot #) • #032204 -9049 • #022204 -9061 If you have any questions, please contact Nicole Keller, Vacations and Boundaries Engineer, at 206 - 296 -3731, or via e-mail at Nicole.Keller @kingcounty.gov. cerely, Si , ydia Re olds -Jone Manager Project Support Services LRJ:NK:mr Enclosures cc: Anne Noris, Clerk of the King County Council (w/ enclosures) Matthew Nolan, P.E., Acting County Road Engineer, Road Services Division Jim Markus, Supervising Engineer, Bridge and Structural Design Unit, Road Services Division Jeff Gregg, Senior Engineer, Program and Services Unit, Road Services Division Hazel Gantz, Business and Finance Officer, Department of Assessments Daisy Tamayo, GIS Specialist, Department of Assessments Paul McCombs, GIS Specialist, Department of Development and Environmental Services Rey Sugui, Program Analyst, Road Services Administration, Road Services Division Nicole Keller, Engineer II, Engineering Services Section, Road Services Division 1205 472 1989 1989 1989 1989 1990 1993 • CITY OF TUKWI WASHINGTON AMENDED BY ORDINANCENO. / /9 � ORD. NO.I/d -5 ._: AN ORDINANCE OF THE CITY OF TUKWILA, WASHINGTON, ANNEXING 94 CERTAIN TERRITORY CONTIGUOUS TO THE CITY OF TUKWILA 0 (COMMONLY REFERRED TO AS THE SEGALE ANNEXATION), AND FURTHER 't DECLARING THAT SAID AREA AS OF THE EFFECTIVE DATE OF THIS in ORDINANCE SHALL BE SUBJECT TO THE ZONING REGULATIONS ADOPTED Vb FOR IT BY ORDINANCE NO. 1108. COUNCIL ACTION YEE1NG TYPE w'E AGENDA ITEM Ann %7/� V RM RM 7// /0b p WHEREAS, a petition for annexation has been submitted to the City of Tukwila and said petition approved by the Tukwila City Council, and WHEREAS, the City of Tukwila has considered and adopted proposed zoning regulations for the proposed annexation pursuant to RCW 35.A.14.330, and, WHEREAS, the matter has been considered before the King County Boundary Review Board and approved, and WHEREAS, a proper environmental review has been conducted on the proposed annexation and proposed zoning regulations and a negative declaration reached on each, and WHEREAS, all necessary procedures have been complied with and the annexation can be approved by the Tukwila City Council. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. That certain territory situated in King County, Washington, lying contiguous to the present boundaries of the City of Tukwila and described as follows, is hereby annexed to the City of Tukwila and is made a part thereof: That portion of the Southwest Quarter of the Southwest Quarter of Section 35, Township 23 North, Range 4 East, W.M., in King County, Washington, described as follows: COMMENCING at the Southwest corner of the Southwest Quarter of said Section 35; thence South 87 59'06" East along the South line of said Southwest Quarter, 835 feet to the TRUE POINT OF BEGINNING: thence continuing South 87 °59'06" East along said South line, 438.99 feet to the Westerly margin of Mess County Road No. 76; thence North 01 °53'23" West along said margin, 216.74 feet; thence along a curve to the right having a radius of 306.48 feet, through a central angle of 2°52'12" on arc distance of 15.35 feet to a survey monument on the South line of the North 1,089.31 feet of the said Southwest Quarter of the Southwest Quarter of Section 35; thence North 87 °57'17" West on said South line, 331.09 feet, more or less, to a survey monument; thence North 47 °11'37" West, 32.95 feet; thence South 16 °56'40" West, 262.12 feet to the TRUE POINT OF BEGINNING. Section 2. Pursuant to the petition for annexation and City of Tukwila Resolution No. 682, the described property hereby annexed to the City of Tukwila shall be required to assume the general indebtedness of the City existing at the time of the effective date of this ordinance and annexation. • Section 3. The area hereby annexed to the City of Tukwila, shall, upon the effective date of this ordinance, be zoned M -1 (light industry), and come under the authority and provisions of the Tukwila Zoning Ordinance as adopted by Ordinance No. 251, as amended, and included in the Tukwila Municipal Code as Title 18. (Reference Ordinance 1108) Section 4. Attached to the original copy of this ordinance and by reference incorporated herein as Exhibit A is an area map showing the proposed zoning on the property and the boundaries of the property itself which is being annexed to the City. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, f7) at a regular meeting thereof this /6 day of , 1979 vi :J ATTEST: Appr.ved as to Form: C Attorney, Lawrence E. Hard Published - Record - Chronicle 7 -20 -79 2 L[Lll: ,: CITY OF TOKWILA EXHIBIT A SEGALE ANNEXATION SITE Site of Segale Annexation • CITY OF TUKWI WASHINGTON ORDINANCE NO / /c3 COUNCIL ACTION MEEEIKG TYPE 0,1C t6Eti:; SEX acp0'+ RM rillita 'r. /0 a. Iii Irial AN ORDINANCE OF THE CITY OF TUKWILA, WASHINGTON, AMENDING THE LEGAL DESCRIPTION CONTAINED IN ORDINANCE #1119. WHEREAS, certain property owned by M.A. Segale was annexed by Ordinance #1119, and WHEREAS, the legal description in said Ordinance does not correspond to the legal description as agreed between the City of Tukwila and the King County Public Works Department. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1 of Ordinance #1119 is amended to read as follows: Section 1. That certain territory situated in King County, Washington, lying contiguous to the present boundaries of the City of Tukwila and described as follows, is hereby annexed to the City of Tukwila and is made a part thereof: That portion of the Southwest Quarter of the Southwest Quarter of Section 35, Township 23 North, Range 4 East, W.M., in King County, Washington, described as follows: COMMENCING at the Southwest corner of the Southwest Quarter of said Section 35; thence South 87 °59'06" East along the South line of said Southwest Quarter, 835 feet to the TRUE POINT OF BEGINNING: thence continuing South 87 °59'06" East along said South line, 438.99 feet to the Westerly margin of Mess County Road No. 76; thence North 01 °53'23" West along said margin, 216.74 feet; thence along a curve to the right having a radius of 306.48 feet, through a central angle of 2 °52'12" an arc distance of 15.35 feet to a survey monument on the South line of the North 1,089.31 feet of the said Southwest Quarter of the Southwest Quarter of Section 35, said monument also being a point on the existing city limits of Tukwila as annexed by City Ordinance No. 472; thence North 87 °57'17" West on said South line and said city limits 331.09 feet more or less to a survey monument; thence North 47 °11'37" West, 32.95 feet; thence South 16 °56'40" West, 262.12 feet to the TRUE POINT OF BEGINNING. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a regular meeting thereof this 7 day of _1(;,& , 1979. ATTEST: ar, 42 Mayor r 424?74t-i' Clerk Approved as to Form: Deputy Cit Attorney, Carl J. Carlson Published: Record Chronicle - August 31, 1979 VICINITY MAP AC „74 j; 7/ ii / / /iii / / /iiiiiiiii/z/m . 111 I LI DENOTES ANNEXATION B D DENOTES PAA BOUNDARY Administrative SMP Policy Recommendations Administration has discussed the La Pianta recommended changes and will make the following policy recommendations to the CC in the comment matrix. The City (Briscoe) standard for new levees shown in the PC draft SMP is an overall waterside slope of 2.5:1 with a 15' mid -slope bench, a 20' crown with an 18' trail, and a 2:1 backslope. La Pianta has proposed a steeper overall levee slope (between 2 and 2.5:1) with a narrow, unplantable bench and a 14' crown. • Modify the Briscoe levee standard to include an 18' rather than 20' crown as that is all that is needed for the trail • Do not provide incentives such as buffer reductions, height increases or trail narrowing for levees that are not built to the Briscoe standard • Retain the PC recommended landscaping requirements with removal of invasive plants and replanting triggered by development within the shoreline • Allow the 10' maintenance access landward of the landward toe of the levee to be provided by a no -build easement rather than inclusion in the buffer, giving property owners more flexibility (see reverse) • Allow a further reduction in the buffer width with expansion of the no -build easement if fill is placed along the back slope of the levee, raising the general ground level • Allow floodwalls in lieu of a levee backslope in order to work around existing structures • Allow regional (but not individual) stormwater ponds to be located within the shoreline buffer C:\ Temp \GWViewer \Admin_PolicyDirection.doc 10/14/2009 new rbowman Stationery Page 1 of 1 Lisa Verner - meeting with Fire District for 10/14 From: "Mark Dynan" To: Date: 10/13/2009 3:59 PM Subject: meeting with Fire District for 10/14 CC: "Jim Adsley" , "Chris Bauer" Lisa, Given the lack of any action by the city until now since the July meeting my clients are reluctant to meet with you folks. If you would share with me your agenda for this meeting with some assurance that you can discuss the issues that have been on the table for some time it would be greatly appreciated and I will consider that information with my clients. Thank you for your attention to this matter. P.S. I am filling in for Conforti who is tied up on other matters. New email address: mdynanagcdjlaw.com New website address: httD : / /www.gcdilaw.com Mark J. Dynan WSBA 12161 Gierke, Curwen, Dynan & Jones P.S. 2102 NORTH PEARL STREET SUITE 400, BUILDING D TACOMA, WA 98406 -2550 TELE:253- 752 -1600 /253- 383 -3761 TOLL FREE: 877 - 797 -1600 FACSIMILE: 253 - 752 -1666 W-A5 ce,o-u//f The information contained in this electronic message is attorney privileged and confidential intended o email address listed as the recipient of this message. If you are not the intended recipient, or the emp ogee or agent responsible for delivering this message to the intended recipient, you are hereby notified that any disclosure, dissemination, distribution, or copying of this communication is strictly prohibited. Our Website I Map to Office 1 My Bio August 12, 2009 Washington State Boundary Review For King County Yesler Building, Room 240, 400 Yesler Way, Seattle, WA 98104 Phone: (206) 296 -6800 • Fax: (206) 296 -6803 • http: //www.kingcounty.gov /annexations EIVED AUG '1 4 2009 1 City of Tukwila Attn: Lisa Verner, Tukwila South Project Manager 6300 Southcenter Blvd, Suite 100 Tukwila, WA 98188 RE: REQUEST FOR REVIEW File No. 2304 - City of Tukwila- Tukwila South Annexation Dear Ms. Verner: Enclosed is a copy of a request received by the Boundary Review Board for a public hearing on the above - referenced file. The Board is expected to discuss the date for the Public Hearing at their September 10, 2009, Regular Meeting. If you have any comments to make regarding scheduling of the hearing, please transmit them to this office prior to the meeting. You will be notified of the date and time of the public hearing. Sincerely, Lenora Blauman P1444-Aistnj Executive Secretary Enclosure: Request for Review cc: Anne Noris, Clerk of the Metropolitan King County Council Dave Wilson, Elections Division Hazel Gantz, King County Department of Assessment Lydia Reynolds- Jones, Manager, Project Support Services Paul Reitenbach, Department of Development and Environmental Services Paula Adams, Department of Development and Environmental Services Gwen Clemens, King County Office of Regional Policy and Planning FORM HE August 12, 2009 Washington State Boundary Review Board For King County Yesler Building, Room 240, 400 Yesler Way, Seattle, WA 98104 Phone: (206) 296 -6800 • Fax: (206) 296 -6803 • http //www.kingcounty.gov /annexations City of Tukwila Attn: Lisa Verner, Tukwila South Project Manager 6300 Southcenter Blvd, Suite 100 Tukwila, WA 98188 RE: SUMMARY File No. 2304 - City of Tukwila - Tukwila South Annexation Dear Ms. Verner: Enclosed is the Summary prepared by Boundary Review Board staff for the above - referenced Notice of Intention. The Summary will be sent to the Boundary Review Board members, along with the Notice of Intention, as part of the agenda packet for the next regular monthly Board meeting. If you see any corrections or clarifications which should be made in the Summary, I would appreciate hearing from you at (206) 296-6801. Sincerely, Lenora Blauma IC:114-L'Ajr)) Executive Secretary Enclosure: Summary FORM 11 I SUMMARY FILE NO. 2304 Thomas Guide Map No. 685 Date Received: 08/07/09 Date Completed: 08/11/09 Date Distributed: 08/12/09 Date Filed: ACTION Petition for Land Annexation Expiration 45 Days: 09/21/09 TITLE Tukwila South Annexation Board Meeting: 09/10/09 ENTITY City of Tukwila Introduction: Location Land Area Land Use: Population Estimate Assessed Valuation County Comprehensive Plan Designation /Zoning City Comprehensive Plan Designation /Zoning District Comprehensive Plan District Franchise Urban Growth Area (UGA) SEPA Declaration The City of Tukwila proposes annexation of a portion of the Tukwila South Area. The annexation has been proposed by the petition method (RCW 35A.14). The Tukwila South Annexation Area northern boundary is contiguous to the southern boundary of the City of Tukwila. The Tukwila South Annexation Area's southern boundary is formed by South 204th Street. The western boundary of the area is variously formed by Orillia Road South and Interstate 5. The eastern boundary of the area is formed by the Green River. 259 acres Agricultural Uses; Residential Uses; Vacant Land Approximately 12 persons $8,631,400. Industrial Use Proposed: Office Use, Light Industrial Use (e.g., research and development) Commercial Use (e.g., retail, services), Residential Uses Not applicable. Not applicable The Tukwila South Area is located within the Urban Growth Area as identified under the State Growth Management Act, King County Comprehensive Plan and City of Tukwila Comprehensive Plan. The proposed Tukwila South Annexation is exempt from SEPA pursuant to RCW 43.21C.222. 1 ENTITIES /AGENCIES NOTIFIED: King County Council Member(s) Julia Patterson; Dow Constantine; Larry Gossett King County: Clerk of Council, Department of Natural Resources (DNR); Department of Development and Environmental Services (DDES), Department of Assessments, Department of Transportation (DOT), State Department of Ecology (DOE), King County "911" Program, Office of Management and Budget, Deputy Prosecuting Attorneys' Office, King County Records and Election Division, Fire Marshal Division, Historic Preservation Program, Puget Sound Regional Council, Community and Human Services, Public Health Department Cities: Kent, Renton, SeaTac Fire Districts: City of Tukwila; Angle Lake District (No. 24); Skyway /Bryn Mawr /Lakeridge District (No. 20) Water Districts: Highline Water District; King County Water District No. 125 Sewer Districts: City of Tukwila; Valley View Sewer District School District: Renton School District No. 403; Kent School District No. 415 2 SUMMARY (File No. 2304) The City of Tukwila proposes annexation of 260 acres known as the Tukwila South Area. Annexation is proposed in response to property owner interest in joining the City of Tukwila. The Tukwila South Area Annexation Notice of Intention is based upon a Resolution by the Tukwila City Council approving a plan to incorporate this territory. This Resolution was approved in June 2009. The Tukwila South Annexation Area northern boundary is contiguous to the southern boundary of the City of Tukwila. The Tukwila South Annexation Area's southern boundary is formed by South 204th Street. The western boundary of the area is variously formed by Orillia Road South and Interstate 5. The eastern boundary of the area is formed by the Green River. * ** With the Notice of Intention based upon the Resolution, the City of Tukwila has invoked jurisdiction at the Washington State Boundary Review Board for King County. The City is seeking a public hearing in order to provide an opportunity for citizens and government jurisdictions to comment upon the proposed annexation before Boundary Review Board as this body is an independent, quasi - judicial agent established by statute (RCW 36.93) to ensure logical, orderly growth.of urban communities. * ** The Tukwila South annexation is proposed in conjunction with a Development Agreement between Mario Segale on behalf of La Pianta LLC and by Mayor Haggerton on behalf of the City of Tukwila on June 10, 2009. The Development Agreement allows for future mixed use (commercial and residential development) to be established over approximately 15 years. More specifically, the Tukwila South Area (and adjacent area that is presently within the City of Tukwila) is planned for approximately 10 million square feet of development under a Master Plan — i.e., a campus style design including offices, commerce, residences, and other similar, supporting uses. The Master Plan also calls for environmental enhancements to Johnson Creek, wetlands, and Green River shorelines. Pedestrian and bicycle trails will also be provided as public amenities. This action is also proposed in conjunction with a City of Tukwila Resolution No. 1561 (adopted in November 2004) in which the City Council ensures King County of the intent to commence negotiations and the accomplishment of an expedited agreement with King County to ensure annexation of a residential community located adjacent to the Tukwila South Area (and within the Tukwila Potential Annexation Area) immediately upon completion of the Tukwila South Annexation. * ** City officials report that annexation of the Tukwila South Area to this community is consistent with the State Growth Management Act (GMA.) Cited in support of Tukwila's annexation of Tukwila South are: RCW 36.70A.020 (1), and RCW 36.70A.020 (12) that encourage the efficient provision of public facilities and services to developed areas by appropriate government units. Also cited in support of Tukwila's annexation of the Tukwila South Area are RCW 36.70A.110 (4) and RCW 36.70A.210 (1) which support cities as providers of local services and counties as providers of regional services. Tukwila representatives report existing and pending plans, programs, and resources necessary to serve the Tukwila South Area in keeping with the State Growth Management Act (GMA.) Tukwila representatives report that the proposed Tukwila South Annexation complies with established King County Comprehensive Plan /Countywide Planning Policies. Of particular note are those policies which address Economic Development and Housing Capacity. City representatives state that the Tukwila South annexation would specifically be consistent with numerous King County Comprehensive Plan /Countywide Planning policies including, but not limited to the following: • Cities are the preferred governors of urban areas (e.g., PR -202) • Cities are encouraged to include unincorporated areas within the jurisdiction's comprehensive plan and potential annexation areas (e.g., U -107, U -110, U -112, U -114, U -147, U -148, U -170, U -201, U203 -U -205, LU -34, FW 11 — FW -13, LU -25, LU 28, LU -29, LU 32, LU -33, RF -5.) • Cities are encouraged to annex those lands to provide appropriate development/public services (e.g., F- 101, F -201, F -207, F -227, F -245, F -262, F -266, CO -10, FW -33, RF -4.) 3 • Cities are designated as the governors of environmental protection of annexation areas (e.g., FW -4, FW -5, CA -1, CA -3, CA -4, CA -9 — CA -12, CC -7, CC -8, CC -11.) • Cities are the designated providers of transportation system for annexation areas (FW -18, T -5, T -7.) * ** City of Tukwila representatives report that the proposed Tukwila South Annexation is consistent with the provisions of the municipality's Comprehensive Plan. For example: The Tukwila Comprehensive Plan includes the Tukwila South Area within its Potential Annexation Area; • The Tukwila Comprehensive Plan provides a Master Plan for the Tukwila South Area. • The Tukwila Comprehensive Plan makes provisions for providing public services and facilities to the Tukwila South Area. More specifically, City of Tukwila representatives report that the jurisdiction plans to support a Master Plan that provides for a diverse array of land uses suitable to the Tukwila South Area. Development at Tukwila South would include a variety of commercial uses, office uses, light industrial uses (e.g., research and development), as well as a range of types of residential uses. Public facilities and amenities would be provided as well, including open spaces, pedestrian trails, and bicycle trails. City of Tukwila representatives report an intent to comply with regulatory authorities established by the State, as well as by regional and local statutes), together with municipal plans and programs designed to preserve and enhance the existing natural environment (e.g., Johnson Creek, Green River Corridor, wetlands) in conjunction with development and maintenance of the Tukwila South Area. City of Tukwila representatives also report that the municipality has resources and capacity to permit provision of services (directly or by contract) to Tukwila South. With annexation to Tukwila, all services for the Tukwila South Area reportedly may be coordinated under unified regulatory authorities administered by a single local government unit. * ** City of Tukwila representatives report that the proposed Tukwila South Annexation is consistent with the provisions of RCW 36.93 (Boundary Review Board Regulations). For example, City of Tukwila representatives report that: The Tukwila South Annexation would be consistent with Objective 1, which calls for the preservation of neighborhoods. This area is linked to Tukwila by built and natural geographic features including nearby existing and planned commercial uses, residential development, open spaces, and environmental features (e.g., topography, water bodies, trails and open spaces. The Tukwila South Annexation would reportedly be consistent with Objective 2 which calls for the use of physical boundaries to determine an annexation area. The borders of the Tukwila South Area follow municipal lines, roadways, property lines and other physical boundaries. • The Tukwila South Annexation would also reportedly be consistent with Objective 3, which calls for creation of logical service areas. The City of Tukwila reports available resources and capacity that would permit the City to offer urban services to the area either directly or via agreements between the City and service providers for the full range of commercial uses, industrial uses, residential uses, and public uses anticipated for the Tukwila South Area. The Development Agreement between the property owner and the City of Tukwila provides financial guarantees and technical mechanisms to ensure continuing resources for the provision of those services. More specifically, the Development Agreement establishes that: • The City of Tukwila will be responsible for policing services to the Tukwila South Area. • The City will assume responsibility from the Angle Lake District (No. 24) for providing fire /emergency services to the Tukwila South Annexation properties. • The Highline Water District will continue to provide water services to the Tukwila South Area. 4 • The City of Tukwila will continue to provide wastewater service to the Tukwila South community. Future improvements may be established through formation of a ULID. • The City will provide stormwater management in accord with regulatory authorities. In addition the City of Tukwila will provide directly (or by contract) for residents of Tukwila South for public facilities, human services, and law and justice facilities. Local and regional services — e.g., libraries, parks, recreational facilities -- would be available to the citizens. Area students would continue to be served by the Renton and Kent School Districts. • The Tukwila South Annexation would reportedly be consistent with Objectives 4 -7, which call for the achievement of reasonable boundaries for a jurisdiction. Although the Tukwila South Area possesses a rather unusual configuration, the lands within these borders are specifically established for annexation by Tukwila under the City of Tukwila Comprehensive Plan. Note: As previously stated in this Summary, the City of Tukwila has executed a Resolution expressing the intent to come to an interlocal agreement with King County annex the remaining portion of this Potential Annexation Area directly following ratification of the Tukwila South Annexation. The Tukwila South Annexation would also reportedly be consistent with Objective 8, which calls for inclusion of urban areas within municipalities. Annexation would permit citizens to affiliate with a local government and thus to participate in the local government process. City of Tukwila representatives state that a fiscal analysis has been conducted with respect to the proposed Tukwila South Annexation. The City reportedly would receive revenue of $101,746 from Tukwila South. For approximately 10 years following annexation, the City is anticipated to incur expenses of approximately $170,000 (i.e., $70,000 per year) in excess of anticipated revenue from the proposed development of the area under the adopted Master Plan. City representatives report that the jurisdiction has addressed the cost/benefit equation, in part, through municipal resources and in part through an agreement for revenue guarantees with LaPianta, the owner and developer of Tukwila South. City representatives state that the fiscal analysis finds that the owners of Tukwila South will support the proposed annexation, in part, through standard service fees, as well as regular and special levy rate of the City for capital facilities and public services. * ** City officials report that the municipality intends to allocate sufficient funding to provide fire and emergency services to the Tukwila South Area. City representatives acknowledge that Angle Lake Fire District (No. 24), which currently serves the area through a contract for service from the City of SeaTac, will experience a substantial loss of revenue in conjunction with annexation of the Tukwila South Area. City representatives are reportedly working with officials the Angle Lake Fire District (No. 24) to develop a plan for addressing the transition of all services from Angle Lake No. 24 in an equitable and timely manner. * ** City of Tukwila representatives report a commitment to taking the necessary steps (e.g., development planning, administration of funding) to ensure appropriate levels of service for the Tukwila South Area through the entirety of the development process culminating at estimated maximum development. The City reportedly supports the Tukwila South Annexation so that Tukwila may serve the business and residential communities within the Tukwila South Area. 5 City of Tukwila 6200 Southcenter Boulevard • Tukwila, Washington 98188 Jim Haggerton, Mayor August 5, 2009 WA State Boundary Review Board of King County c/o Lenora Blauman, Executive Secretary Yesler Building; Room 240 400 Yesler Way Seattle, WA 98104 RE: Notice of Intention for City of Tukwila Annexation Dear Board Members and Ms. Blauman, The City of Tukwila proposes to annex approximately 259 acres into the City limits. This letter is the Notice of Intention to Annex property into the City of Tukwila. Pursuant to Chapter 36.93 RCW, this Notice of Intention is submitted due to a proposed: • Change in boundaries of the City of Tukwila due to annexation • Assumption of part of the reserve funds of Fire District #24 Description The City's Potential Annexation Area (PAA) is the area currently within King County, south of the current City limits, west of the Green River, north of S 204th Street, and east of I -5. The determination that this area is most appropriately located within the city limits of the City of Tukwila was made years ago in response to the Growth Management Act. The property to be annexed is the majority of the Potential Annexation Area. Of the approximately 259 acres in the annexation area, all but 2 or 3 acres are owned by one owner, La Pianta LLC. The annexation is one of a set of actions the City has taken to approve a 512 - acre development called "Tukwila South Project." At King County's urging, the City Council adopted Resolution 1561 on November 1, 2004 agreeing to begin the process and to annex the remainder of the Potential Annexation Area within three weeks after the Tukwila South/La Pianta annexation is complete. Phone: 206 - 433 -1800 • City Hall Fax: 206 - 433 -1833 • www.ci.tukwila.wa.us WA State Boundary Review Board of King County August 5, 2009 Page 2 Public Hearing In the interest of public outreach, we request the Board hold a public hearing on this annexation as soon as possible. The Tukwila City Council held the required public hearing for adoption of its annexation ordinance after notifying property owners within 500 feet of the annexation boundary and few public comments were received. Conclusion Eight copies of the Notice of Intention and attachments are included with this letter. The City's contact person for this annexation is: Lisa Verner, Tukwila South Project Manager City of Tukwila 6300 Southcenter Blvd, Suite 100 Tukwila, WA 98188 lverner @ci.tukwila.wa.us 206 - 431 -3662 office 206 - 431 -2168 fax We look forward to having this property within the boundaries of the City of Tukwila. Sincerely, Jim Hag Mayor C: Mark Segale, La Pianta LLC ) CITY OF TUKWILA "TUKWILA SOUTH" ANNEXATION NOTICE OF INTENTION BACKGROUND INFORMATION / MAPS A. Basic Information 1. The Tukwila City Council approved a Development Agreement with La Pianta LLC on June 8, 2009; it also approved several land use actions that are called for in the Development Agreement. The Development Agreement was signed by Mario Segale on behalf of La Pianta LLC and by the Mayor on behalf of the City on June 10, 2009. The Development Agreement allows mixed use, commercial, and residential development of up to 10 million square feet over the next 15 years on 512 acres. Approximately 259 acres of the 512 acres are located in unincorporated King County; upon execution of the Development Agreement, Mr. Segale submitted a signed Petition for Annexation (60% Petition) of this property into the City. The method used to initiate the annexation is the direct petition method pursuant to RCW 35A.14.120. The City Council held a public hearing on the annexation on June 8 and continued it to June 15, 2009. At the June 15 meeting, the Council deliberated and voted unanimously to adopt Ordinance 2241 approving the annexation. Prior to these recent actions, a Request for Annexation was received from La Pianta LLC on November 12, 2004. The Request was signed by owners of 10% of the value of the property included in the Request. Pursuant to RCW 35A.14.120, the City Council held a meeting with the signers to determine whether the Council would accept, reject or modify the proposed annexation and resolve other issues as required by state law. This Regular Meeting was held on January 18, 2005. The Council unanimously voted to accept the 10% Request as submitted, to authorize the circulation of the Petition for Annexation (60% Petition), and to require the following: • the simultaneous adoption of zoning regulations; and • the assumption of a proportionate share of existing city indebtedness by the area to be annexed. 2. A signed and certified copy of Ordinance 2241 accepting the Tukwila South annexation as officially adopted is attached as Exhibit A. The signed Petition for Annexation is attached to Ordinance 2241. 3. The certified Petition for Annexation for municipal annexation from King County Assessor's Office, as required by state law (RCW 35A.01.040(4)), is attached as Exhibit B. Tukwila South Annexation Page 2 of 16 4. A SEPA checklist was not submitted or reviewed because city annexations are exempt from SEPA. 5. The legal description of the boundaries of the area involved in the annexation is as follows: Those portions of Section 35, Township 23 North, Range 4 E.W.M.; Section 2, Township 22 North, Range 4 E.W.M; and Section 3, Township 22 North, Range 4 E.W.M. lying south of the City of Tukwila corporate limits as established by City of Tukwila Ordinance 1125; east of the east right of way margin of Interstate Highway 5; east of the west right of way margin of Orillia Road South; north of the north right of way margin of South 204th Street and west of the City of Kent Ordinance 2114; Together with: That portion of South 204th Street Tying north of and immediately adjacent to the north line of the City of Kent corporate limits as established by City of Kent Ordinance 1727. All situate in the County of King; State of Washington B. Maps 1. Two sets of the following King County Assessor's maps with the boundary of the annexation area clearly marked are included: NW, NE and SW 02 -22 -04 NE, SE and SW 03 -22 -04 SE and SW 35 -23 -04 2. Vicinity Maps are attached as Exhibits C1, C2 and C3. Exhibit C1 delineates Fire District #24; Exhibit C2 delineates school district boundaries; Exhibit C3 delineates Highline Water District boundaries. All maps show the proposed Tukwila South annexation area as well as the Potential Annexation Area boundary. . 3. A map of the current corporate limits of Tukwila with the annexation area identified is attached as Exhibit D. EVALUATION CRITERIA A. Overview 1. Twelve (12) people reside within the annexation area. 2. There are approximately 259 acres within the area to be annexed. 0 Tukwila South Annexation Page 3 of 16 3. The population density is less than one person per acre in the area to be annexed (.046 /people per acre). 4. The assessed valuation of the area to be annexed is $8,631,400. B. Land Use 1. The existing land use in the area to be annexed is agricultural. The existing King County zoning is "Industrial." 2. The proposed use is approximately 10 million square feet of development that would be accommodated in a combination of campus style research and office environments with a mix of other supporting uses such as retail, residential, commercial, hotel and flex tech. The proposal is called the "Tukwila South Project" and is governed by a Development Agreement between the property owner, La Pianta LLC, and the City of Tukwila pursuant to RCW 36.70B.170 through .210 and approved through adoption of City of Tukwila Ordinance 2233. The land area included in the Tukwila South Project is 512 acres, of which 259 are the proposed annexation area. C. State Growth Management Act 1. Yes, the proposed annexation is conformance with the Growth Management Act. Several specifics are identified below. The area encompassed by this annexation is within the City of Tukwila's Potential Annexation Area (PAA) and has been planned by the City's Comprehensive Plan. It is also within King County's Urban Growth Area. This is why the proposed annexation conforms to Goal 1 (Urban growth) and Goal 2 (Reduce sprawl). A variety of residential densities and housing types are proposed in the Tukwila South Master Plan (adopted by Tukwila City Council by Ordinance 2234. Office, research and development, and other commercial uses are proposed which will result in diversity in the City's economic base. Therefore the proposed annexation conforms to Goal 4 (Housing) and Goal 5 (Economic development). Land will be donated and a public pedestrian/bicycle trail will be constructed along approximately two miles of the Green River's western edge. An off - channel fish habitat area will be created along the Green River to address salmon needs. Also, extensive wetland preservation and enhancement will occur as part of the overall Tukwila South development. This proposed annexation conforms to Goal 9 (Open space and recreation) and Goal 10 (Environment). 2. King County Comprehensive Plan/Ordinances a. Within the Urban Growth Area identified pursuant to GMA, the County planning documents call for all property to be within incorporated areas. Tukwila South Annexation Page 4 of 16 This proposed annexation implements the County's planning under GMA by moving the land from unincorporated King County into incorporated City of Tukwila. b. King County Comprehensive Plan policies which support this proposed annexation are addressed in Table 1. c. King County Countywide Planning Policies (CPPs) which support this proposed annexation are addressed in Table 2. Table 1 King County Comprehensive Plan Policies Met by Tukwila South Annexation Policy Chapter 1— Regional Planning PR -202 The proposed annexation implements King County's Countywide Planning Policies by following the directive of annexing Potential Annexation Area (PAA) lands into urban communities such as Tukwila. Chapter 2 — Urban Communities Sec I Urban Land Use U -107 The proposed annexation area is included in the Tukwila Potential Annexation Area, which is within the County's Urban Growth Area. It is also covered by the Tukwila South Master Plan which calls for approximately 25,000 new jobs and.possibly 1700 new dwelling units over the next 20 years. This will be urban development in an urban area. U -110 As part of the Tukwila South Master Plan, the proposed annexation area will be the location for approximately 25,000 new jobs and possibly 1700 new dwelling units over the next 20 years. A pedestrian/bicycle trail located along the Green River will provide public recreational and open space facilities. Existing transportation facilities such as I -5 and I -405, Link Light Rail and Sounder commuter trains will be more fully utilized. Facilities and services will be concentrated in an urban area. U -112 As part of the Tukwila South Master Plan, the proposed annexation area will host a regional storm water facility, retained and enhanced wetlands, and opens space preservation. With 10 million square feet of development allowed, the area covered by the Tukwila South Master Plan allow maximum permitted densities and uses of urban land while not compromising the function of critical environmental areas. U -114 The current King County zoning of the proposed annexation area is Industrial. The urban growth in the area due to the recently approved Tukwila South Project will be integrated into the County's growth targets and into the City's share of those targets. U -147 The proposed annexation area is part of the Tukwila South Project, which is located adjacent to the Tukwila Urban Center. The existing County zoning is Tukwila South Annexation Page 5 of 16 Industrial and the proposed City zoning is Tukwila South Overlay, a commercial zoning. Urban development on the proposed annexation site will be in designated commercial areas outside of the urban center. U -148 For the proposed annexation area, the Tukwila South Master Plan calls for bio -tech, R &D, commercial, retail, hotel, and flex -tech uses which will draw employees and customers from around the region. It is appropriate they locate in the urban area of Tukwila. U -170 The proposed annexation area will have commercial, office and retail developments which foster community, create enjoyable outdoor areas and balance needs of automobile movement with pedestrian and bicycle mobility and safety. Urban -level improvements will be constructed in conjunction with these uses, pursuant to the adopted Tukwila South Master Plan. Sec II Potential Annexation Areas U -201 The proposed annexation will further King County's stated goal of encouraging annexation of the remaining urban unincorporated areas. U -203 The proposed annexation is within the Interim Potential Annexation Area shown on "Interim Potential Annexation Areas 2008" map in the "King County Comprehensive Plan 2008 Chapter Two, Urban Communities." U -204 The proposed annexation is consistent with the Countywide Planning Policies (CPPs) and the Washington State Growth Management Act, is wholly within the City of Tukwila's Potential Annexation Area, and is not part of a contested area. U -205 a. The proposed annexation will not result in illogical service areas b. The proposed annexation will not create an unincorporated island because, by Resolution 1541, the City of Tukwila agreed to annex the remainder of the PAA upon the successful completion of the proposed annexation c. The proposed annexation does not focus solely on an area that will provide a distinct economic gain to the City. d. The proposed annexation does not move designated Agricultural and/or Forest Protection District lands into the UGA. e. The proposed annexation does not apply zoning to maintain or create permanent low - density residential areas. U -207 The City does not have a pre- annexation agreement with King County covering the proposed annexation area. Chapter 8 — Services, Facilities and Utilities Sec I Regional Services F -101 The proposed annexation area is in an area labeled "Interim Potential Annexation Area" on the map found in the Comprehensive Plan. The City and the County have not entered into an interlocal agreement or pre - annexation agreement for this area. The City will provide all services, except water service, upon annexation. Sec II Facilities and Services F -201 Within the proposed annexation area, all facilities and services will be Tukwila South Annexation Page 6 of 16 provided in a manner consistent with the Endangered Species Act. F -207 Within the proposed annexation area, the City of Tukwila will construct a relocated Southcenter Parkway. This project is in the City's capital facilities plan and is within the Urban Growth Area. F -227 Highline Water District serves the proposed annexation area. It is an existing Group A public water provider. F -245 The proposed annexation will have public sewers through the City of Tukwila. F -262 Because the proposed annexation area is within the Urban Growth Area, within Tukwila's Potential Annexation Area and part of a 500+ acre development, two regional storm water management facilities will be constructed to treat and detain storm run -off from the Tukwila South Project, from Southcenter Parkway, and from S 200th Street. These facilities will be privately financed and would be constructed to the standards and conditions of; the Tukwila Municipal Code, the Project 401 Water Quality Certification, and the Green River Management Agreement (GRMA) of the Green River Flood Control Zone District. F -266 A small stormwater facility for S 200`h Street runoff is within the proposed annexation area. The City of Tukwila expects to take the facility over and to be responsible for S 200`h Street runoff. Table 2 King County Countywide Planning Policies (CPPs) Met by Tukwila South Annexation Policy Chapter II — Critical Areas A. Overall Environmental Protection FW -4 Pursuant to the Comprehensive Plan, the City Council has designated the proposed annexation area as a "Sensitive Area Master Plan Overlay District" and the City will approve a Sensitive Area Master Plan (SAMP) after annexation. The SAMP will look at all sensitive areas within the 500 -acre Tukwila South Project on a comprehensive basis and provide for wetland retention, wetland enhancement, and steep slope preservation. FW -5 The Green River, one boundary of the proposed annexation area, will have amenities such as a public pedestrian/bicycle trail, an off - channel fish habitat area, improved wildlife habitat areas, and an improved levee for flood control. Multiple uses are included in the approved Tukwila South Master Plan. B. Wetlands Protection CA -1 The SAMP (see FW -4 above) is based on the wetland plans approved by Washington State Department of Ecology through its "401" Water Quality Certification issued in November, 2005. CA -3 Through approval of the SAMP, the City will ensure the protection of Tukwila South Annexation Page 7 of 16 CA -4 CA -9 CA -10 CA -11 CA -12 FW -11 FW -12 existing wetlands, assure no- net -loss of wetland functions, and increase the quantity and quality of wetlands which are part of the Tukwila South Project. The SAMP is based on DOE's wetland mitigation plan approved in the 401 Water Quality Certification. By designating the Tukwila South Project site as a "Sensitive Area Master Plan Overlay District" and requiring a SAMP, the City has chosen to review and evaluate wetland mitigation on a comprehensive, system basis. D. Fish & Wildlife Habitat Another feature of the Tukwila South Master Plan for the proposed annexation area is the relocation and enhancement of Johnson Creek. Currently the creek runs in a ditch across a portion of the proposed annexation; it will be relocated as a creek on the north side of S 204th Street with buffers and vegetative planting. Johnson Creek drains the wetland area south and southwest of the proposed annexation area into the Green River. Natural hydraulic and ecological functions will be restored and maintained; runoff rate and quantity requirements will be met; future storm flows, erosion and sedimentation will be controlled. Water quality going into the Green River will be maintained or enhanced. The Muckleshoot Indian Tribe supports the off - channel fish habitat area that will be constructed in the Green River in the proposed annexation area. Additionally, Washington State Department of Fish and Wildlife has issued an HPA for the Tukwila South Project development in the proposed annexation area. E. Frequently Flooded Areas The existing levee along the Green River in the proposed annexation area provides flood hazard reduction protection. The levee will be strengthened through a levee modification proposal now under consideration by the US Army Corps of Engineers. It is anticipated that FEMA will certify the levee after reconstruction as part of the 205 Tukwila federally certified levee located just below (to the north of) the proposed annexation area. Chapter III — Land Use Patterns C. Urban Areas The proposed annexation area is within King County's Urban Growth Area (UGA); it is also within the City of Tukwila's Potential Annexation Area (PAA). Development of this site will concentrate development in an existing urban area and reduce the consumption of land outside the UGA. The proposed annexation area, and the rest of the Tukwila South Project area, provides enough land for approximately 10 million square feet of development over the next 20 years. Employment is projected to be 25,000 new jobs; housing is projected at a possible 1700 new dwelling units. These projections more than accommodate the "Unincorporated King County South" growth target of 2,341 jobs ( "Remaining Job Growth Target 2006- 2002; page V -11) shown in the King County Buildable Lands Report 2007 for the proposed annexation area, which has "Industrial" zoning and is a part Tukwila South Annexation Page 8 of 16 LU -25b LU -28 LU -29 FW -13 LU -32 LU -33 of "Unincorporated King County South." 1. Urban Growth Area Currently, King County, in conjunction with cities within its boundaries, is working on adjusting its growth targets. Now that a Development Agreement and a Master Plan have been approved, the City will include the projected 25,000 new jobs and possible 1700 new dwelling units from Tukwila South Project in its discussions with King County on growth targets. 2. Phasing Development within the Urban Growth Area The proposed annexation area is an area which is already urbanized such that infrastructure improvements can easily be extended to it. The Tukwila South Master Plan and Development Agreement provide for service extension and subsequent development over the next 20 years. Development in the proposed annexation area will not be phased in terms of major new infrastructure. The water and sanitary sewer trunk lines and at least one of the two "regional" storm water ponds to serve the entire Tukwila South Project will be installed prior to any building construction on site. Individual utility connections will be installed when individual buildings are constructed. 3. Joint Planning and Urban Growth Areas around Cities The City of Tukwila will provide local urban services to the proposed annexation area, which is within King County's Urban Growth Area. These services include fire, police, parks, roads, sanitary sewer and storm water services. Another urban service district, Highline Water District, will provide water service. The proposed annexation area is within the City of Tukwila's Potential Annexation Area (PAA). Tukwila can and will provide the full range of urban services, with the exception of water service because the proposed annexation area is within the Highline Water District service area. The timing of the proposed annexation is based on the June, 2009 adoption of the Tukwila South Master Plan and approval of the Development Agreement by the Tukwila City Council. Development (Tukwila South Project) is proposed which will receive the full range of urban services and the services are available. Chapter IV - Transportation FW -18 A variety of mobility options are included in the Tukwila South Master Plan, which applies to the proposed annexation area. The City (through grants, landowner /developer funds, and its own funds) will construct a relocated Southcenter Parkway between S 180`" Street and S 200th Street. Metro bus service is anticipated and bus turnout areas will be included in the road construction project. A public pedestrian/bicycle trail will be constructed on the levee on the eastern boundary of the proposed annexation area; it will connect with King County's regional Green River trail. T -5 Tukwila is the current end -of -the -line for Sound Transit's new Link Light Rail. Reachable by driving from the proposed annexation area, it will offer Tukwila South Annexation Page 9 of 16 employees in the Tukwila South Project good access north into Seattle. Also, the proposed annexation area is within 5 minutes of Sea -Tac International Airport. When Link Light Rail continues to the airport, Tukwila South Project area employees will have even more direct access to it. Sound Transit's Sounder commuter trains stop in Tukwila now and provide service to the area; a new commuter rail station is planned by Sound Transit. T -7 The Tukwila South Master Plan, adopted by the City Council in conformance with a requirement for such plans in the City's Comprehensive Plan, calls for pedestrian and bicycle facilities in Tukwila South. The Tukwila South Development Agreement provides for donation of land for a pedestrian/bicycle trail along the Green River, which will be a Tukwila park facility and connect with King County's regional Green River trail. CC -7 CC -8 CC -11 Chapter V — Community Character and Open Space D. Open Space The proposed annexation area includes significant wetlands; these are being retained and enhanced under both Department of Ecology (401 Water Quality Certification) and City (SAMP) permits. These wetlands are adjacent to wetlands within the City of Kent, which are identified as "urban separator," and act to expand the effective open space. The Green River is a significant regional amenity to the City and will be enhanced through the off - channel fish habitat to be constructed in the proposed annexation area. Also, the City has designated steep slopes on the west side of the proposed annexation area as "native growth protection easements ". in order to retain the open space; these easements will be recorded. Visual access to the Green River will be maintained in the proposed annexation area through the new pedestrian/bicycle trail. Additionally, the City Council is working on a Shoreline Master Plan update which will widen the buffers along the Green River to provide more visual access and open space, as well as levee setback area. As part of the Tukwila South Master Plan and Development Agreement which apply to the proposed annexation area, wetlands will be preserved, visual access to the Green River will be provided, and public connecting corridors between the Green River and Southcenter Parkway will be developed. Additionally, development within Tukwila South will be assessed parks impact fees to help fund river access, trail construction and purchase parkland within the Tukwila South development. Chapter VII — Contiguous & Orderly Development & Provision of Urban Services to Such Development B. Urban Areas Identified for Growth for the Next Ten Years CO -10 Urban water and sanitary sewer systems will be constructed to serve all new development and redevelopment within the proposed annexation area, as well as within the full Tukwila South Project. Highline Water District will 1 Tukwila South Annexation Page 10 of 16 provide the water service; the City of Tukwila will provide the sanitary sewer service. Chapter IX — Economic Development FW -33 Development of the proposed annexation area through the Tukwila South Master Plan and Development Agreement will contribute to the economic stability of King County in a manner which supports the Countywide land use pattern. The proposed annexation area is within the County's Urban Growth Area and is within the City's Potential Annexation Area. Development will fill the urban "hole in the donut." Chapter X — Regional Finance & Governance A. Finance and Governance Plans RF -4 The proposed annexation area is within the City's Potential Annexation Area, as approved by King County. While an interlocal agreement on service delivery does not exist, the City will provide all services to the area, with the exception of water service. Water service will be provided by Highline Water District. RF -5 The proposed annexation area is currently part of the unincorporated Urban Growth Area within the County, as well as being in the City's Potential Annexation Area. Annexation will bring the area into incorporated City of Tukwila and follow through on the original decision that this area should be part of the City of Tukwila. As mentioned in policy RF -4 above, the City will be the provider of local urban services, with the exception of water service which will be provided by Highline Water District. d. King County's adopted plan classification/zoning for the proposed annexation area is "Industrial." e. Yes, the City of Tukwila's "Environmentally Sensitive Areas" regulations, codified as TMC Chapter 18.45, will apply upon annexation, as will the City's "Shoreline Overlay" (TMC 18.44) and Shoreline Master Plan. Additionally, the City Council has designated the 512 acre Tukwila South Project area as a "Sensitive Area Master Plan Overlay District" and a Sensitive Area Master Plan (SAMP) is required, pursuant to TMC 18.45.160. The City's regulations are similar to the County's, although tailored to site specific applications due to the proximity of local government. The City is currently updating its Shoreline Master Plan, with adoption expected by December 1, 2009; this document will apply to development on the annexed property as well as the rest of Tukwila South Project site. Tukwila South Annexation Page 11 of 16 D. Jurisdictional Comprehensive Plan 1. The City of Tukwila's Comprehensive Plan includes this proposed annexation area because it is within the City's PAA. Tukwila's Comprehensive Plan calls for a Master Plan to be proposed by the applicant and adopted by the City for any development of 40 acres or greater. The City of Tukwila adopted the Tukwila South Master Plan for the 512 acres owned by La Pianta, which includes the proposed 259 acre annexation, by Ordinance 2234. The City of Tukwila also adopted a new zoning designation called Tukwila South Overlay (TSO) District (TMC 18.41) and applied it to the 512 acre Tukwila South site. Therefore, the "adopted plan classification" for the proposed annexation area is "Tukwila South Master Plan" and the zoning that takes effect upon annexation is "TSO." 2. Yes, the City has adopted a PAA. Under the CPPs and through the GMPC, it was agreed to by the Cities of SeaTac and Kent. 3. The City's Comprehensive Plan was adopted by the City Council on December 4, 1995 with updates through December, 2008. It meets the requirements set by the State of Washington and by King County. 4. Yes, this proposed annexation is consistent with and specifically anticipated by the City's Comprehensive Plan and adoption of a PAA. Additionally, Tukwila's Comprehensive Plan calls for a Master Plan to be proposed by the applicant and adopted by the City for any development of 40 acres or greater. The City of Tukwila adopted the Tukwila South Master Plan for the 512 acres owned by La Pianta, which includes the proposed 259 acre annexation, by Ordinance 2234. 5. Water service in the proposed annexation area is provided by Highline Water District. Sanitary sewer service is provided by the City of Tukwila. 6. No, the proposed annexation area is not been the subject of an Interlocal Agreement. However, because this action annexes approximately 75% of the PAA into the City, the City Council has adopted Resolution 1561 committing to begin negotiating an interlocal agreement with King County to annex the rest of the PAA within three weeks of the effective date of this Tukwila South annexation. 7. No, the proposed annexation area has not been the subject of a pre- Annexation Zoning Agreement. 8. Tukwila's Comprehensive Plan calls for a Master Plan to be proposed by the applicant and adopted by the City for any development of 40 acres or greater within the "Tukwila Valley South" area in which the proposed annexation is located. The City of Tukwila adopted the Tukwila South Master Plan for the 512 acres owned by La Pianta, which includes the proposed 259 acre annexation, by Ordinance 2234. The Master Plan envisions the creation of a major new employment and housing base on the Tukwila South Property. The Plan calls for approximately ten million square feet of development that would be accommodated in a combination of campus style research and office environments with a mix of other supporting uses such as retail, residential, commercial, hotel and flex tech. The City of Tukwila also adopted a new zoning designation called Tukwila South Overlay (TSO) District (TMC 18.41) and Tukwila South Annexation Page 12 of 16 applied it to the 512 acre Tukwila South site Ordinance 2235. Therefore, the "adopted plan classification" for the proposed annexation area is "Tukwila South Master Plan" and the zoning that takes effect upon annexation is "TSO." E. Revenues /Expenses Planning Data 1. Since the proposed annexation area is currently undeveloped vacant land, the City expenditures will be relatively small upon annexation. These will include police calls, fire and emergency services calls, road and storm drainage maintenance, levee maintenance and general city government. Upon development, City expenses will increase. The City has evaluated estimated City expenses (for Fire,. Parks, Police and Public Works only) and estimated Project revenues (for whole 500 acres) the Tukwila South Project over the next 20 years (Exhibit E). This evaluation shows that for the first 8 -10 years, expenses are expected to exceed revenues, using applicant - driven development growth projections. The City addressed this risk in the adopted Development Agreement through revenue guarantees by the Tukwila South Project proponent. 2. Upon annexation, the City will receive property tax revenue from the proposed annexation area. The current annual property tax is estimated to be $101,746. Upon annexation, City revenues will increase by this amount (see Exhibit F). 3. Upon annexation, the County will not receive property taxes from the proposed annexation area. Current annual property taxes are estimated to be $101,746. 4. Upon annexation, the County will not have to maintain S 200th St, S 204th St, Frager Road, and the S 200`h St storm pond. 5. Upon annexation, the City's Fire Department will provide fire suppression and emergency services to the area instead of King County Fire District #24. The City's Fire Department currently provides service to this area on a "mutual aid response" basis. Fire District #24 has informed the City that it will lose 75% of its revenues because of the annexation. According to Fire District representatives, the estimated income received by the District is approximately $8,000 annually; 75% of this figure is $6,000. Due to the incorporation of the City of SeaTac, Fire District #24's boundaries were reduced to be substantially coincident with the City of Tukwila's PAA boundaries. The District does not have any stations or equipment; it contracts with the City of SeaTac for service. The contract states that revenues (no specific amount is named) received by the District through its taxing authority are given to the City of SeaTac to provide service after expenses to conduct business are deducted. (Section 3 of the contract states "The amount of payment shall equal the total amount received by the Fire District from its statutory levy less the actual cost required to maintain the Fire District legislative operation" (Commissioners, etc).) Loss of revenue from the proposed annexation area will not diminish the amount of service the District will receive from the City of SeaTac. Tukwila South Annexation Page 13 of 16 6. It is estimated the Fire District will reduce the amount of funds given to the City of SeaTac by 75 %, as the area generating taxes and the area to be served will be reduced by the annexation. F. Services King County is the only political jurisdiction serving the proposed annexation area. 1. Water — No change; Highline Water District will continue to provide water service 2. Sewer Service — No change; the City of Tukwila will provide sewer service when sewers are installed. 3. Fire Service — The City of Tukwila Fire Department will provide fire and emergency services upon annexation. Fire District #24 will no longer provide service. G. General 1. No extension of service has occurred. 2. The natural boundaries of the proposed annexation area are the Green River on the east, S 204`" Street on the south, and Orillia Road on the west. The City of Tukwila city limits form the northern boundary. The majority of the site is the flat valley floor. The southern area between S 200`" and S 204`" Streets is approximately one third wetlands. The western boundary is a hillside, rising from the valley floor; small areas include steep slopes. 3. The Tukwila South Master Plan, proposed by the landowner /developer and adopted by the Tukwila City Council in June 2009, calls for up to 25,000 new jobs and a possible 1700 new dwelling units in the 500 -acre Tukwila South Development over the next 20 years. The proposed annexation includes 259 acres, about half of the area covered by the Master Plan. Therefore, approximately 12,500 new jobs and a possible 850 new dwelling units are expected over the next 20 years, with 6,250 new jobs and 425 dwelling units in the first 10 years. 4. No other municipal or community services are relevant to this proposal. 5. There will not be any delays in providing services to this proposed annexation; road construction (Southcenter Parkway) and site development will begin in Spring, 2010 immediately following completion of the annexation. 6. Utility services in the proposed annexation area are adequate for existing uses and will be upgraded as development occurs, according to the Tukwila South Master Plan. Water service is currently provided by Highline Water District and will continue to be provided by the District; the District is planning to accommodate the 10 million square feet of development anticipated in Tukwila South, including the area to be annexed. Sanitary sewer service will be provided by the City of Tukwila; the few existing buildings in the proposed annexation area are served by septic systems and will be converted. There are no alternative sources available for water and sanitary sewer service. Tukwila South Annexation Page 14 of 16 FACTORS AND OBJECTIVES A. RCW 36.93.170 Factors to be considered by the board 1. Population and territory: The existing population is less than one person per acre in the proposed annexation area. It is generally vacant even though the King County zoning is "Industrial." The area is in the City of Tukwila's PAA and the City Council has adopted a Master Plan for the area, in compliance with the City's Comprehensive Plan requirements. In general, the proposed annexation is surrounded by urbanization: Kent Valley warehouses, Westfield Southcenter Mall, I -5 and multifamily and single family residential development. The Tukwila South Master Plan calls for approximately 10 million square feet of development that would be accommodated in a combination of campus style research and office environments with a mix of other supporting uses such as retail, residential, commercial, hotel and flex tech. The Master Plan also calls for wetland enhancement and restoration of Johnson Creek, as well as an off - channel fish habitat area in the adjacent Green River, to address critical areas and shorelines issues at the southern end of the site. Upon development of the site, the property owners will donate a pedestrian and bicycle trail easement along the Green River, which will be a significant community facility. The topography of the proposed annexation is generally flat (valley floor) with rising hillside along the western edge of the site. Due to its location within 5 minutes of Sea -Tac International Airport and close to the intersection of two major highways (I -5 and I -405), as well as being adjacent to the largest retail mall in Western Washington, there is a strong likelihood of significant growth on the site and in adjacent incorporated areas in the next 10 years. 2. Municipal services: The City of Tukwila has adequate capacity to provide sanitary sewer service to this area, as the Highline Water District is able to provide water service. Provisions for formation of a ULID for increased sanitary sewer capacity, if and when needed, are included in the Development Agreement signed between the property owner and the City of Tukwila. PSE will provide electrical and gas service to the site; telephone and data service will be provided by existing vendors in the City. The Development Agreement between the property owner and the City of Tukwila includes financial guarantees. It sets up a mechanism whereby the property owner reimburses the City for expenses to serve the site (in the areas of Tukwila South Annexation Page 15 of 16 fire, parks, police and public works) in excess of the revenues generated by development on the site for the 15 -year term of the Agreement. The City Council found that this arrangement mitigated the risk to the City of large -scale development on the proposed annexation site. Additionally, the City Council required the assumption of a proportionate share of existing city indebtedness by the area to be annexed when it approved the annexation. Upon annexation, the City's Fire Department will provide fire suppression and emergency services to the area. The City's Fire Department currently provides service to this area on a "mutual aid response" basis. Fire District #24 has informed the City that it will lose 75% of its revenues because of the annexation. According to Fire District representatives, the estimated income received by the District is approximately $8,000 annually; 75% of this figure is $6,000. Due to the incorporation of the City of SeaTac, Fire District #24's boundaries were reduced to be substantially coincident with the City of Tukwila's PAA boundaries. The District does not have any stations or equipment; it contracts with the City of SeaTac for service. The contract states that revenues (no specific amount is named) received by the District through its taxing authority are given to the City of SeaTac to provide service after expenses to conduct business are deducted. (Section 3 of the contract states "The amount of payment shall equal the total amount received by the Fire District from its statutory levy less the actual cost required to maintain the Fire District legislative operation" (Commissioners, etc).) Loss of revenue from the proposed annexation area will not diminish the amount of service the District will receive from the City of SeaTac. 3. The effect of the proposal or alternative on adjacent areas, on mutual economic and social interests, and on the local government structure of the county: The effect of the annexation will be to implement the Growth Management Act, to incorporate an area already within King County's Urban Growth Area, and to complete a process started when the area was designated as the City of Tukwila's Potential Annexation Area (PAA). Since the area is so sparsely settled, little will change on a day -to -day basis as a direct result of the annexation for the residents. B. RCW 36.93.180 Objectives of boundary review board 1. Preservation of natural neighborhoods and communities: This proposed annexation is an extension of the "neighborhood" of the Tukwila urban center and commercial development in the Kent Valley. Geographically, the proposed annexation area is on the valley floor and adjacent to the Green River, as is the urban Southcenter area. As part of Tukwila's Potential Annexation Area, the proposed annexation continues the Tukwila community. 2. Use of physical boundaries, including but not limited to bodies of water, highways and land contours: Tukwila South Annexation Page 16 of 16 The proposed annexation uses physical features to help determine its boundaries. The Green River is the east boundary, S 20411' Street is the south boundary, Orillia Road is the west boundary and the existing Tukwila city limits is the north boundary. 3. Creation and preservation of logical service areas: The proposed annexation is within the Highline Water District service area and the City of Tukwila's sanitary sewer service area. These are logical service areas and are being preserved. 4. Prevention of abnormally irregular boundaries: Irregular boundaries are not created by the proposed annexation. Existing water features and roads are used as the proposed annexation's boundaries. This annexation includes the majority of Tukwila's Potential Annexation Area. 5. Discouragement of multiple incorporations of small cities and encouragement of incorporation of cities in excess of 10,000 population in heavily populated urban areas: Not applicable. 6. Dissolution of inactive special purpose districts: Not applicable. 7. Adjustment of impractical boundaries: Not applicable. 8. Incorporation as cities or town or annexations to cities or towns of unincorporated areas which are urban in character: The proposed annexation brings an area planned for urban development into an existing city which is urban in character. The proposed annexation area is planned for approximately 10 million square feet of commercial development; adjacent to the proposed annexation, the City of Tukwila has approximately 12 million square feet of commercial development existing in the Southcenter area. 9. Protection of agricultural and rural lands which are designated for long term productive agricultural and resource use by a comprehensive plan adopted by the county legislative authority: Not applicable. Exhibit A CERTIFICATION I, Christy O'Flaherty, City Clerk of the City of Tukwila, Washington, do hereby certify that this is a true and correct copy of City of Tukwila, Ordinance #2241, adopted by the Tukwila City Council at a Regular Meeting thereof on June 15, 2009. Dated this 30`h day of July 2009. Christy O'Flaheerty, CMC, City Cle City of Tukwila, Washington ty of T kwila Washington Ordinance No. LI I AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, ANNEXING APPROXIMATELY 259 ACRES OF REAL PROPERTY KNOWN AS THE "TUKWILA SOUTH PROJECT PROPERTY;" PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, RCW 35A.14.120 provides that "proceedings for initiating annexation of unincorporated territory to a charter code city or non - charter code city may be commenced by the filing of a petition of property owners of the territory proposed to be annexed," but that "prior to the circulation of a petition for annexation, the initiating party or parties, who shall be the owners of not less than 10% 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 "; and WHEREAS, La Pianta LLC is the sole owner of approximately 259 acres of real property known as the "Tukwila South Project Property "; and WHEREAS, on November 12, 2004, La Pianta LLC submitted a Request for Annexation ( "Request "), which was signed by owners of not less than 10% of the value of the property included in the Request; and WHEREAS, on January 18, 2005, the City Council met with the initiating parties as part of its regular City Council meeting pursuant to RCW 35A.14.120; and WHEREAS, on January 18, 2005, the City Council unanimously voted to accept the Request, and to authorize the initiating parties to circulate the Petition for Annexation seeking the signatures of the owners of 60% of the assessed valuation of property within the proposed annexation ( "Petition "), on the following conditions: (1) simultaneous adoption of zoning regulations, and (2) petition signers' consent to the assumption of the proposed annexation area's proportionate share of existing City indebtedness, if any; and WHEREAS, on June 8, 2009, during its regular meeting, the City Council approved the related Tukwila South Development Agreement and other related land use issues, and La Pianta LLC submitted its signed Petition; and WHEREAS, on June 8, 2009, the Tukwila City Council held a public hearing following publication of notice thereof as provided in RCW 35A.14.130, and that public hearing was continued to the June 15, 2009 Regular Meeting to accept additional public comments; and WHEREAS, the Tukwila City Council desires to annex the area described and shown in the Petition, attached hereto and incorporated here by reference as Attachment A; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Annexation. The City of Tukwila hereby annexes the Tukwila South Property, which is legally described in Exhibit A and depicted on the map in Exhibit B. W: \Word Processing \ Ordinances \Tukwila South Annexation.doc LV:ksn 06/15/2009 Page 1 of 2 The Tukwila City Council minutes from the January 18, 2005 Council meeting are hereby attached as Exhibit C and a full annexation parcel list is shown on Exhibit D. All said attachments/ exhibits are attached hereto and incorporated herein by reference. Section 2. Conditions Upon Annexation. A. Comprehensive Plan, Shoreline Master Plan, and Zoning Designations. The annexed property shall be subject to the Comprehensive Plan, Master Plan, Shoreline Master Plan map amendment to designate the property as Urban Environment and the Tukwila South Overlay District zoning regulations as set forth in the Tukwila South Project Development Agreement, adopted on June 8, 2009. B. Assumption of Existing Indebtedness. The Tukwila South Property shall be assessed and taxed at the same rate and on the same basis as the property in the City of Tukwila is assessed and taxed to pay for the portion of outstanding City indebtedness, if any, which indebtedness has been approved by the voters, contracted for, or incurred prior to, or existing at, the effective date of the annexation in Section 1 of this ordinance. Section 3. Preparation of Notice of Intent to Annex. The City Administrator, and/ or her designee, is hereby authorized and directed to prepare and submit a Notice of Intention to Annex to the King County Boundary Review Board no later than 180 days after the effective date of this ordinance. The City Administrator, and /or her designee, is hereby authorized and directed to take such other steps with respect to said Notice of Intention or otherwise as deemed necessary to implement the annexation in Section 1 of this ordinance. Section 4. Severability. Should any section, paragraph, sentence, clause or phrase of this ordinance, or its application to any person or circumstance, be declared unconstitutional or otherwise invalid for any reason, or should any portion of this ordinance be pre - empted by state or federal law or regulation, such decision or pre- emption shall not affect the validity of the remaining portions of this ordinance or its application to other persons or circumstances. Section 5. Certification of Ordinance to King County. Pursuant to RCW 35A.14.140, upon passage the City Clerk is directed to file a certified copy of this ordinance with the King County Council. Section 6. 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 days after passage and publication as provided by law, except that Sections 1 and 2 of this ordinance shall not be effective until the effective date of approval of the King County Boundary Review Board pursuant to Chapter 36.93 RCW. PASSED BY THE CITY COUNCIL OF THE CITY OFCLIKWILA, WASHINGTON, at a Regular Meeting thereof this 1 5'114 day of ) LAA) Q , 2009. ATTEST / AUTHENTICATED:: i'.� Fh -J 7 Christy O'Fla erty, CMC, City Clerk APPROVED AS TO I=ORM BY: ee6Ftl�e City Arney Filed with the City Clerk: (, - 10 -0 Passed by the City Council: tn, - I S -rfl Published: (0 — 1 '- 0 q Effective Date: a- u -' o Ordinance Number: Attachments: Attachment A - Owner's Petition for Annexation Exhibit A - Legal Description of the Annexed Property Exhibit B - Map of Tukwila South Annexation Area Exhibit C - Minutes of the January 18, 2005 Council Meeting Exhibit D - Tukwila South Annexation Parcel List W: \Word Processing \ Ordinances \Tukwila South Annexation.doc LV:ksn 06/15/2009 Page 2 of 2 OWNER'S PETITION FOR ANNEXATION TO THE CITY OF TUKWILA, WASHINGTON The Honorable Mayor and City Council City of Tukwila 6200 Southcenter Boulevard Tukwila WA, 98188 Dear Mayor and City Council: THE UNDERSIGNED, being the OWNER of greater than sixty percent (60 %) in value of the real property described on EXHIBIT A and listed in EXHIBIT D attached hereto lying contiguous to the City of Tukwila, Washington, does hereby petition that such territory be annexed to and made a part of the City of Tukwila, Washington under the provisions of RCW 35A.14, et seq., and any amendment thereto, of the State of Washington. The territory proposed to be annexed is located within King County, Washington and is described on EXHIBIT A attached hereto and depicted on EXHIBIT B by a diagram which outlines the boundaries of the property sought to be annexed, also attached hereto. At its regular meeting on January 18, 2005, the Tukwila City Council voted unanimously to accept the previous 10% Request for Annexation, to authorize the circulation of this Petition for Annexation (60% Petition), subject to the following conditions: 1. All property within the territory hereby sought to be annexed shall be subject to all City zoning and land use requirements immediately upon annexation, and 2. All property within the territory hereby sought to be annexed shall bear its proportionate share of existing city indebtedness. A copy of the minutes of that meeting is attached as EXHIBIT C. WHEREFORE, the undersigned respectfully petitions the Honorable City Council of the City of Tukwila and asks and agrees as follows: 1. That appropriate action be taken to entertain this petition, fixing a date for public hearing, causing notice to be published and posted specifying the time and place of ATTACHMENT A such hearing, and inviting all persons interested to appear and voice approval or disapproval of such annexation; and 2. That following such hearing and any other necessary approvals, the City Council determine by ordinance that such annexation shall be effective; and that property so annexed shall become a part of the City of Tukwila, Washington subject to its laws and ordinances immediately upon annexation. 3. That the zoning and land use regulations for the area proposed for annexation be amended consistent with the City's Comprehensive Plan and ordinances and the Development Agreement dated June 10, 2009 between the undersigned and the City of Tukwila, and that said zoning be implemented and effective immediately upon annexation. 4. That all property within the territory hereby sought to be annexed shall be assessed and taxed on the same basis as property within the City of Tukwila is assessed and taxed to pay for the portion of any then- outstanding indebtedness. WARNING: Every person who signs this petition with any other than his or her true name, or who knowingly signs more than one of these petitions, or signs a petition seeking an election when he or she is not a legal voter, or signs a petition when he or she is otherwise not qualified to sign, or who makes herein any false statement, shall be guilty of a misdemeanor. Date: June 10, 2009 PROPERTY OWNER: LA PIANTA LLC, a Washington Limited Liability Company By Metro Land Development, Inc., a Washington corporation, its Manager By: 6�� M.A. Segale, P ident EXHIBIT A LEGAL DESCRIPTION OF THE ANNEXED PROPERTY PARCEL 352304 -9050: THAT PORTION OF GOVERNMENT LOT 7 IN SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., LYING NORTHWESTERLY OF COUNTY ROAD KNOWN AS 57TH AVENUE SOUTH; EXCEPT THAT PORTION THEREOF DESCRIBED AS FOLLOWS: BEGINNING AT AN IRON PIPE SET AT THE INTERSECTION OF THE NORTH LINE OF SAID GOVERNMENT LOT 7, WITH THE WEST LINE OF SAID COUNTY ROAD; THENCE WEST ALONG THE SAID NORTH LINE, 210 FEET, MORE OR LESS, TO AN IRON PIPE AT THE FOOT OF THE HILL; THENCE SOUTHERLY ALONG THE FOOT OF THE HILL 259 FEET, MORE OR LESS, TO AN IRON PIPE SET IN THE WESTERLY LINE OF THE SAID COUNTY ROAD; THENCE NORTHWESTERLY 313 FEET, MORE OR LESS, ALONG SAID COUNTY ROAD, TO THE TRUE POINT OF BEGINNING; SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON. PARCEL 352304 -9078: THAT PORTION OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST W.M., DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID SECTION 35; THENCE NORTH 05 °44' 13" EAST ALONG THE WESTERLY LIMIT OF SAID SECTION 833.82 FEET; THENCE SOUTH 87°57'17" EAST PARALLEL TO THE NORTH LINE OF SAID SUBDIVISION 433.99 FEET TO THE EASTERLY RIGHT - OF -WAY MARGIN OF PRIMARY STATE HIGHWAY NO. 1, SOUTH 188TH STREET INTERCHANGE, AND THE TRUE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE CONTINUING SOUTH 87°57'17" EAST 61.01 FEET; THENCE SOUTH 228.89 FEET TO A POINT ON SAID RIGHT -OF -WAY MARGIN OPPOSITE ENGINEER'S STATION JR 36 -00; THENCE SOUTH 82 °46'30" WEST 59.85 FEET; THENCE NORTH 07 °13'30" WEST 106.15 FEET; THENCE ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 315 FEET, AN ARC DISTANCE OF 134.83 FEET TO THE TRUE POINT OF BEGINNING; EXCEPT ANY PORTION, IF ANY, LYING WITHIN PRIMARY STATE HIGHWAY NO. 1 (SR5) (SOUTH 188TH STREET INTERCHANGE); SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 352304 -9041: THAT PORTION OF THE SOUTHWEST 1/4 OF THE SOUTHWEST'' /4 AND OF GOVERNMENT LOT 7 IN SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE EASTERLY LINE OF THE COUNTY ROAD IN GOVERNMENT LOT 7 OF SAID SECTION, EXHIBIT A FROM WHICH POINT THE SOUTHWEST CORNER OF SAID SECTION 35, BEARS SOUTH 00° 56' 40" WEST 1,048.79 AND NORTH 89° 03' 20" WEST 1,656.75 FEET, MEASURED RESPECTIVELY AT RIGHT ANGLES TO AND ALONG THE SOUTH LINE OF SAID SECTION; THENCE SOUTH 08° 13' 05" EAST 36.70 FEET; THENCE SOUTH 19° 59' 25" WEST 520.10 FEET; THENCE SOUTH 73° 05' 40" EAST 233.32 FEET; THENCE NORTH 16° 29' 55" EAST 474.00 FEET; THENCE SOUTH 64° 17' 20" EAST 232 FEET, MORE OR LESS, TO THE BANK OF THE GREEN RIVER; THENCE SOUTHERLY AND EASTERLY, ALONG SAID RIVER BANK, TO THE SOUTH LINE OF SAID SECTION 30; THENCE NORTH 89° 03' 20" WEST ALONG SAID SOUTH LINE TO THE EASTERLY LINE OF SAID COUNTY ROAD; THENCE NORTHERLY FOLLOWING SAID ROAD LINE TO THE POINT OF BEGINNING; EXCEPT THAT PORTION DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID SECTION 35; THENCE SOUTH 87° 58' 28" EAST 1,312.95 FEET, ALONG THE SOUTH LINE THEREOF, TO A POINT ON THE EASTERLY LINE OF FRAGER ROAD (40.00 FEET WIDE); THENCE NORTH 01° 54' 58" WEST 145.53 FEET ALONG SAID LINE; THENCE ALONG THE CENTERLINE OF A 20.00 FOOT WIDE EASEMENT FOR PURPOSES OF INGRESS AND EGRESS, THE FOLLOWING COURSES AND DISTANCES: NORTH 88° 05' 02" EAST 131.00 FEET TO THE BEGINNING OF A 50.00 FOOT RADIUS CURVE TO THE LEFT; THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 62° 10' 00" AND AN ARC LENGTH OF 54.25 FEET; THENCE NORTH 25° 55' 02" EAST 13.34 FEET TO THE BEGINNING OF A 50.00 FOOT RADIUS CURVE TO THE RIGHT; THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 83° 13' 26" AND AN ARC LENGTH OF 44.41 FEET; THENCE SOUTH 70° 51' 32" EAST 121.13 FEET TO THE END OF SAID EASEMENT; THENCE SOUTH 19° 08' 28" WEST 10.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUE SOUTH 19° 08' 28" WEST 100.00 FEET; THENCE NORTH 70° 51' 32" WEST 100.00 FEET; THENCE NORTH 19° 08' 28" EAST 100.00 FEET; THENCE SOUTH 70° 51' 32" EAST 100.00 TO THE TRUE POINT OF BEGINNING; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 352304 -9117: THAT PORTION OF THE SOUTHEAST 1/4 OF THE SOUTHWEST '/4 OF SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST W.M., DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID SECTION 35; THENCE SOUTH 87 °58'28" EAST 1,312.95 FEET, ALONG THE SOUTH LINE THEREOF, TO A POINT ON THE EASTERLY LINE OF FRAGER ROAD (40.00 FEET WIDE); THENCE NORTH 01 °54'58" WEST 145.53 FEET ALONG SAID LINE; THENCE ALONG THE CENTERLINE OF A 20.00 FOOT WIDE EASEMENT FOR PURPOSES OF INGRESS AND EGRESS THE FOLLOWING COURSES AND DISTANCES; NORTH 88 °05'02" EAST 131.00 FEET TO THE BEGINNING OF A 50.00 FOOT RADIUS CURVE TO THE LEFT; THENCE, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 62 °10'00" AND AN ARC LENGTH OF 54.25 FEET; THENCE NORTH 25 °55'02" EAST 13.34 FEET TO THE BEGINNING OF A 50.00 FOOT RADIUS CURVE TO THE RIGHT; THENCE, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 83 °13'26" AN ARC LENGTH OF 44.41 FEET;THENCE SOUTH 70 °51'32" EAST 121.13 FEET TO THE END OF SAID EASEMENT; THENCE SOUTH 19 °08'28" WEST 10.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUE SOUTH 19 °08'28" WEST 100.00 FEET; THENCE NORTH 70 °51'32" WEST 100.00 FEET; THENCE NORTH 19 °08'28" EAST 100.00 FEET; THENCE SOUTH 70 °51'32" EAST 100.00 FEET TO THE POINT OF BEGINNING; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 022204 -9037: THAT PORTION OF GOVERNMENT LOTS 10 AND 11 IN SECTION 2, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING ON THE NORTH LINE OF SAID SECTION, AT A POINT SOUTH 89° 03' 20" EAST, 1,314.12 FEET FROM THE NORTHWEST CORNER THEREOF; THENCE SOUTH 77° 19' 20" EAST 269.06 FEET; THENCE SOUTH 15° 04' 10" WEST 311.46 FEET; THENCE SOUTH 88° 33' 10" WEST 198.77 FEET; THENCE NORTH 02° 41' 45" EAST 140.14 FEET; THENCE NORTH 72° 37' 15" WEST TO THE EAST LINE OF THE 40 FOOT COUNTY ROAD, AS ESTABLISHED AND USED ON APRIL 30, 1951 ` FRAGER ROAD'; THENCE NORTHERLY ALONG SAID EASTERLY ROAD LINE TO THE NORTH LINE OF SAID. SECTION; THENCE EAST ALONG SAID NORTH SECTION LINE TO THE POINT OF BEGINNING; EXCEPT THAT PORTION THEREOF LYING SOUTHERLY AND EASTERLY OF THE FOLLOWING DESCRIBED LINE: BEGINNING ON THE EASTERLY LINE OF SAID TRACT, AT A POINT 164.83 FEET SOUTHERLY OF THE NORTHEAST CORNER THEREOF; THENCE NORTH 74° 01' 20" WEST 96.81 FEET; THENCE NORTH 67° 09' 20" WEST 131.54 FEET; THENCE SOUTH 05° 44' 15" WEST 225.46 FEET TO THE SOUTHERLY LINE OF SAID TRACT AND THE TERMINUS OF SAID LINE; AND EXCEPT THAT PORTION, IF ANY, LYING WITHIN FRAGER ROAD; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 022204 -9040: THAT PORTION OF GOVERNMENT LOTS 10 AND 11 IN SECTION 2, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTH LINE OF SAID SECTION, FROM WHICH POINT THE NORTHWEST CORNER THEREOF BEARS NORTH 89° 03' 20" WEST, A DISTANCE OF 1,314.12 FEET; THENCE SOUTH 77° 19' 20" EAST, 269.06 FEET; THENCE SOUTH 15° 04' 10" WEST, 164.83 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING SOUTH 15° 04' 10" WEST 146.63 FEET; THENCE SOUTH 88° 33' 10" WEST 198.77 FEET; THENCE NORTH 05° 44' 15" EAST 225.46 FEET; THENCE SOUTH 67° 09' 20" EAST, 131.54 FEET; THENCE SOUTH 74° 01' 20" EAST, 96.81 FEET TO THE TRUE POINT OF BEGINNING; EXCEPTING THEREFROM ANY PORTION OF FRAGER COUNTY ROAD, IF ANY, THAT LIES WITHIN THE LAND HEREINABOVE DESCRIBED; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 022204 -9033: THAT PORTION OF GOVERNMENTS LOTS 10 AND 11 IN. SECTION 2, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE WEST LINE OF SAID SECTION 2, FROM WHICH THE NORTHWEST CORNER OF SAID SECTION BEARS NORTH 01° 55' 10" WEST, A DISTANCE OF 217.06 FEET; THENCE , ALONG SAID WEST LINE, SOUTH 01° 55' 10" EAST 343.94 FEET; THENCE NORTH 88° 04' 50" EAST, 181.50 FEET; THENCE SOUTH 01° 55' 10" EAST 347.90 FEET TO THE NORTH LINE OF THAT CERTAIN TRACT OF LAND CONVEYED TO JOSEPH GUNTER UNDER KING COUNTY RECORDING NO. 3526897; THENCE SOUTH 89° 38' 20" EAST, ALONG SAID NORTH LINE, AND THE SAME PRODUCED TO THE WESTERLY BANK OF GREEN RIVER; THENCE NORTHERLY AND EASTERLY, ALONG SAID RIVER BANK, TO THE NORTH LINE OF SAID SECTION 2; THENCE NORTH 89° 03' 20" WEST, ALONG SAID NORTH LINE, TO A POINT FROM WHICH THE NORTHWEST CORNER OF SAID SECTION BEARS NORTH 89° 03' 20" WEST, A DISTANCE OF 1,314.12 FEET; THENCE SOUTH 77° 19' 20" EAST, 269.06 FEET; THENCE SOUTH 15° 04' 10" WEST 311.46 FEET; THENCE SOUTH 88° 33' 10" WEST 198.77 FEET; THENCE NORTH 02 °41' 45" EAST 140.14 FEET; THENCE NORTH 72° 37' 15" WEST 373.20 FEET; THENCE SOUTH 57° 55' 05" WEST 320.85 FEET; THENCE SOUTH 73° 44' 00" WEST 208.18 FEET; THENCE SOUTH 17° 47' 50" WEST 250.67 FEET; THENCE NORTH 45° 27' 10" WEST 549.48 FEET, TO THE POINT OF BEGINNING; EXCEPT THAT PORTION THEREOF LYING WESTERLY OF THE EASTERLY MARGIN OF FRAGER ROAD; TOGETHER WITH THAT PORTION OF GOVERNMENT LOT 10 IN SECTION 2, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., LYING EASTERLY OF FRAGER ROAD, WESTERLY OF THE WESTERLY BANK OF THE GREEN RIVER, AND SOUTHERLY OF THE EASTERLY EXTENSION OF THE NORTH LINE OF THAT CERTAIN TRACT OF LAND CONVEYED TO JOSEPH GUNTER UNDER KING COUNTY RECORDING NO. 3526897; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 352304 -9016: THAT PORTION OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID SUBDIVISION; THENCE SOUTH 87 °59'06" EAST ALONG THE SOUTH LINE THEREOF 507.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 87 °59'06" EAST 328.00 FEET; THENCE NORTH 16 °56'40" EAST 262.12 FEET; THENCE NORTH 47 °11'37" WEST TO THE EASTERLY RIGHT -OF -WAY MARGIN OF PRIMARY STATE HIGHWAY NO. 1; THENCE SOUTHERLY ALONG SAID MARGIN TO A POINT AT ITS INTERSECTION WITH THE NORTHEASTERLY LINE OF THAT CERTAIN TRACT OF LAND PREVIOUSLY CONVEYED BY DEED RECORDED IN VOLUME 1522 OF DEEDS, PAGE 526, UNDER KING COUNTY RECORDING NO. 2722034; THENCE SOUTHEASTERLY ALONG THE NORTHEASTERLY LINE OF SAID TRACT TO THE TRUE POINT OF BEGINNING; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 022204 -9008: THAT PORTION OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 2, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., LYING EASTERLY OF THE EASTERLY RIGHT OF WAY MARGIN OF PRIMARY STATE HIGHWAY NO. 1., WESTERLY OF FRAGER ROAD (MESS COUNTY ROAD NO. 76), SOUTHERLY OF THE NORTH LINE OF SAID SECTION 2, AND NORTHERLY OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT THE NORTHWEST CORNER OF SAID SECTION 2; THENCE SOUTH 87° 59' 06" EAST, ALONG THE NORTH LINE OF SAID SECTION, TO THE WESTERLY MARGIN OF FRAGER ROAD (MESS COUNTY ROAD NO. 76); THENCE SOUTHERLY ALONG SAID MARGIN, SOUTH 01° 53' 23" EAST, 15.28 FEET; THENCE CONTINUING SOUTH ALONG SAID MARGIN, ALONG A CURVE TO THE RIGHT, HAVING A RADIUS OF 1,780.00 FEET, THROUGH A CENTRAL ANGLE OF 06° 10' 20 ", AN ARC DISTANCE OF 191.75 FEET TO THE TRUE POINT OF BEGINNING OF SAID LINE; THENCE NORTH 72° 37' 15" WEST 338.36 FEET; THENCE SOUTH 57° 55' 05" WEST 320.85 FEET; THENCE SOUTH 73° 44' 15" WEST 208.18 FEET; THENCE SOUTH 17° 47' 50" WEST 250.67 FEET; THENCE NORTH 45° 27' 10" WEST TO THE SOUTHEASTERLY RIGHT OF WAY MARGIN OF PRIMARY STATE HIGHWAY NO. 1, AND THE TERMINUS OF SAID LINE; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 352304 -9066: THAT PORTION OF THE SOUTHWEST 1/4 OF SOUTHWEST 1/4 OF SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING AT INTERSECTION OF EASTERLY MARGIN OF ORILLA COUNTY ROAD EXTENSION WITH SOUTH LINE OF SUBDIVISION; THENCE EAST ALONG SOUTH LINE 245 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING EAST ALONG SOUTH LINE TO A POINT 507 FEET EASTERLY OF SOUTHWEST CORNER OF SECTION; THENCE NORTH 26 °48'20" WEST TO NORTH LINE OF SOUTH 125 FEET OF SUBDIVISION; THENCE NORTH 87 °58'28" WEST 86 FEET, MORE OR LESS; THENCE SOUTH 15 °00'00' EAST TO BEGINNING; EXCEPT THAT PORTION LYING WITHIN PRIMARY STATE HIGHWAY NO. 1 (SR 5) (SOUTH 188TH STREET INTERCHANGE); SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 352304 -9065: THAT PORTION OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING AT INTERSECTION OF EASTERLY MARGIN OF ORILLA COUNTY ROAD EXTENSION WITH SOUTH LINE OF SUBDIVISION; THENCE SOUTH 87 °58'28" EAST 165 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 87 °58'28" EAST 80 FEET; THENCE NORTH 15 °00'00" WEST TO NORTH LINE OF SOUTH 125 FEET OF SAID SUBDIVISION; THENCE NORTH 87 °58'28" WEST 80 FEET; THENCE SOUTH 15 °00'00' EAST TO THE TRUE POINT OF BEGINNING; EXCEPT THAT PORTION LYING WITHIN PRIMARY STATE HIGHWAY NO. 1 (SR5) (SOUTH 188TH STREET INTERCHANGE); SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. • PARCEL 022204 -9043: THAT PORTION OF GOVERNMENT LOT 10 IN SECTION 2, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTH LINE OF SAID SECTION 2, WHICH IS SOUTH 87° 59' 06" EAST 835.00 FEET FROM THE NORTHWEST CORNER OF SAID SECTION 2; THENCE SOUTH 42° 48' 17" EAST 165.27 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 57° 55' 05" WEST 320.85 FEET; THENCE SOUTH 73° 44' 15" WEST 208.18 FEET; THENCE SOUTH 17° 47' 50" WEST 250.67 FEET; THENCE SOUTH 45° 27' 10" EAST 216.97 FEET; THENCE SOUTH 31° 12' 21" WEST 731.63 FEET; THENCE SOUTH 88° 43' 44" EAST 896.82 FEET TO THE WESTERLY MARGIN OF MESS COUNTY ROAD NO. 76 (FRAGER ROAD) AND A POINT ON THE ARC OF A CURVE, FROM WHICH THE RADIUS POINT BEARS NORTH 74° 07' 22" WEST, A DISTANCE OF 710.00 FEET; THENCE NORTHEASTERLY ALONG SAID WESTERLY MARGIN, ALONG A CURVE TO THE LEFT, THROUGH A CENTRAL ANGLE OF 01° 58' 59 ", HAVING A RADIUS OF 710.00 FEET, AN ARC DISTANCE FO 24.57 FEET; THENCE NORTH 13° 53' 39" EAST 353.86 FEET TO A POINT ON A CURVE TO THE LEFT, HAVING A RADIUS OF 1,090.00 FEET, THROUGH A CENTRAL ANGLE OF 06° 30' 49 ", AN ARC DISTANCE OF 123.92 FEET; THENCE NORTH 07° 22' 50" EAST 584.35 FEET TO A POINT OF CURVE; THENCE ALONG A CURVE TO THE LEFT, HAVING A RADIUS OF 1,780.00 FEET, THROUGH A CENTRAL ANGLE OF 03° 05' 53 ", AN ARC DISTANCE FO 96.25 FEET; THENCE NORTH 72° 37' 15" WEST 338.36 FEET TO THE TRUE POINT OF BEGINNING; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 022204 -9057: THAT PORTION OF GOVERNMENT LOT 10 IN THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 2, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., BEING MORE PARTICULARILY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID SECTION 2; THENCE SOUTH 01° 09' 08" EAST 217.06, ALONG THE WEST LINE OF SECTION 2, TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 45° 27' 10" EAST 766.45 FEET; THENCE SOUTH 31° 12' 21" WEST 731.63 FEET; THENCE SOUTH 88° 45' 19" EAST 896.82 FEET TO THE WEST MARGIN OF FRAGER ROAD; THENCE SOUTHERLY ALONG SAID WEST MARGIN OF FRAGER ROAD, TO THE SOUTH LINE OF SAID NORTHWEST 1/4 OF THE NORTHWEST 1/4; THENCE WEST ALONG SAID SOUTH LINE TO THE WEST LINE OF SAID NORTHWEST 1/4 OF THE NORTHWEST 1/4; THENCE NORTH ALONG SAID WEST LINE TO THE TRUE POINT OF BEGINNING; EXCEPT THAT PORTION THEREOF, DESCRIBED AS: BEGINNING AT THE NORTHWEST CORNER OF SAID SECTION 2, PROCEED SOUTH 01° 09' 08" EAST 1,392.41, ALONG THE WEST LINE OF SECTION 2, TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 88° 45' 19" EAST 145.55 FEET TO THE SOUTHWEST CORNER OF THE M. A. SEGALE PROPERTY AS SHOWN ON THE RECORDED SURVEY NO. 7707280568, FILED IN VOLUME 4 OF SURVEYS, PAGE 239, RECORDS OF KING COUNTY; THENCE SOUTH 11° 41' 30" WEST 352.30;THENCE SOUTH 78° 09' 50" WEST 236.01 FEET; THENCE NORTH 29° 00' 00" WEST 99.12 FEET; THENCE NORTH 11° 26' 35" EAST 51.27 FEET; THENCE NORTH 36° 52' 33" EAST 324.55 FEET TO THE TRUE POINT OF BEGINNING; AND EXCEPT THAT PORTION THEREOF, DESCRIBED AS FOLLOWS: BEGINNING ON THE WEST LINE OF SAID SECTION 2, AT A POINT SOUTH 01° 55' 10" EAST 812.83 FEET FROM THE NORTHWEST CORNER THEREOF; THENCE NORTH 37° 42' 25" EAST 12.78 FEET; THENCE SOUTH 42° 49' 45" EAST 193.04 FEET; THENCE SOUTH 30° 11' 35" WEST 85.52 FEET; THENCE NORTH 58° 59' 10" WEST 104.89 FEET TO THE WEST LINE OF SAID SECTION 2; THENCE NORTH 01° 55' 10" WEST 150.65 FEET TO THE POINT OF BEGINNING; AND EXCEPT THAT PORTION WITHIN PRIMARY STATE HIGHWAY NO. 1 (INTERSTATE HIGHWAY NO. 5); SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 032204 -9047: THAT PORTION OF THE NORTHEAST V4 OF THE NORTHEAST Y4 IN SECTION 3, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., LYING SOUTHEASTERLY OF ORILLIA ROAD EXTENSION COUNTY ROAD AND PRIMARY STATE HIGHWAY NO. 1 (INTERSTATE 5); EXCEPT THAT PORTION THEREOF LYING WITHIN THE FOLLOWING DESCRIBED TRACT: BEGINNING AT THE NORTHWEST CORNER OF SECTION 2 IN SAID TOWNSHIP 22 NORTH; THENCE PROCEED SOUTH 01° 09' 08" EAST, 1,392.41 FEET ALONG THE WEST LINE OF SAID SECTION 2, TO THE POINT OF BEGINNING; THENCE SOUTH 88° 45' 19" EAST 145.55 FEET TO THE SOUTHWEST CORNER OF THE M.A. SEGALE PROPERTY AS SHOWN ON THE RECORDED SURVEY NO. 7707280568, FILED IN VOLUME 4 OF SURVEYS, PAGE 239, RECORDS OF KING COUNTY; THENCE SOUTH 11° 41' 30" WEST 352.30 FEET; THENCE SOUTH 78° 09' 50" WEST 236.01 FEET; THENCE NORTH 29° 00' 00" WEST 99.12 FEET; THENCE NORTH 11° 26' 35" EAST 51.27 FEET; THENCE NORTH 36° 52' 33" EAST 324.55 FEET TO THE POINT OF BEGINNING; AND EXCEPT THAT PORTION THEREOF CONVEYED TO KING COUNTY BY DEED RECORDED UNDER RECORDING NO. 6013508; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 032204 -9106: A PORTION OF THE WEST ''A OF THE NORTHWEST 1/4 OF SECTION 2 AND THE EAST 1/2 OF THE NORTHEAST 'A OF SECTION 3, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., BEING MORE PARTICULARILY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID SECTION 2, PROCEED SOUTH 01° 09' 08" EAST 1,392.41, ALONG THE WEST LINE OF SECTION 2, TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 88° 45' 19" EAST 145.55 FEET TO THE SOUTHWEST CORNER OF THE M. A. SEGALE PROPERTY AS SHOWN ON THE RECORDED SURVEY NO. 7707280568, FILED IN VOLUME 4 OF SURVEYS, PAGE 239, RECORDS OF KING COUNTY;THENCE SOUTH 11° 41' 30" WEST 352.30;THENCE SOUTH 78° 09' 50" WEST 236.01 FEET; THENCE NORTH 29° 00' 00" WEST 99.12 FEET; THENCE NORTH 11° 26' 35 EAST 51.27 FEET; THENCE NORTH 36° 52' 33" EAST 324.55 FEET TO THE TRUE POINT OF BEGINNING; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 023900 -0352: THAT PORTION OF GOVERNMENT LOT 6 IN SECTION 3, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., LYING EASTERLY OF ORILLIA ROAD SOUTH AS CONVEYED BY DEED RECORDED UNDER RECORDING NO. 6016781, AND NORTH OF SOUTH 200TH STREET; EXCEPT THAT PORTION THEREOF CONDEMNED IN KING COUNTY SUPERIOR COURT CAUSE NO. 98 -2- 18787 -5 KNT; (BEING ALSO KNOWN AS A PORTION OF LOTS 105 AND 106 IN ANGLE LAKE SHORE ACRES DIVISION 2 UNRECORDED); SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 032204 -9100: THE WEST 37 RODS (610.5 FEET) OF THE SOUTHEAST 'A OF THE NORTHEAST Y4 OF SECTION 3, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M.; EXCEPT THOSE PORTIONS THEREOF CONVEYED TO KING COUNTY FOR ROAD PURPOSES BY DEEDS RECORDED UNDER RECORDING NOS. 1168064, 2751663, AND 6016780; AND EXCEPT THAT PORTION CONVEYED TO THE STATE OF WASHINGTON FOR PRIMARY STATE HIGHWAY NO. 1, BY DEED RECORDED UNDER RECORDING NO. 5191889; AND EXCEPT THAT PORTION LYING NORTHWESTERLY OF 51ST PLACE SOUTH (ORILLIA ROAD SOUTH); AND EXCEPT THAT PORTION CONDEMNED BY THE CITY OF KENT, FOR RIGHT OF WAY IN KING COUNTY SUPERIOR COURT CAUSE NO. 98 -2- 18787 -5 KNT; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 032204 -9006: THE SOUTHEAST 1/4 OF THE NORTHEAST '/4 OF SECTION 3, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M.; EXCEPT THE WEST 610.50 FEET CONVEYED TO THE SEATTLE AND WALLA RAILROAD AND TRANSPORTATION COMPANY BY DEED RECORDED UNDER VOLUME 9 OF DEEDS, PAGE 42; AND EXCEPT THE WEST 160 FEET OF THE EAST 709.5 FEET OF THE SOUTH 240 FEET OF SAID SUBDIVISION; AND EXCEPT THAT PORTION THEREOF LYING WITHIN THE FOLLOWING DESCRIBED TRACT, TO -WIT: BEGINNING AT THE NORTHWEST CORNER OF SECTION 2 IN SAID TOWNSHIP 22 NORTH, PROCEED SOUTH 01° 09' 08" EAST 1,392.41, ALONG THE WEST LINE OF SAID SECTION 2, TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 88° 45' 19" EAST 145.55 FEET TO THE SOUTHWEST CORNER OF THE M. A. SEGALE PROPERTY AS SHOWN ON THE RECORDED SURVEY NO. 7707280568, FILED IN VOLUME 4 OF SURVEYS, PAGE 239, RECORDS OF KING COUNTY; THENCE SOUTH 11° 41' 30" WEST 352.30; THENCE SOUTH 78° 09' 50" WEST 236.01 FEET; THENCE NORTH 29° 00' 00" WEST 99.12 FEET; THENCE NORTH 11° 26' 35" EAST 51.27 FEET; THENCE NORTH 36° 52' 33" EAST 324.55 FEET TO THE TRUE POINT OF BEGINNING; AND EXCEPT COUNTY ROAD (SOUTH 200TH STREET); AND EXCEPT THAT PORTION THEREOF CONVEYED TO THE CITY OF KENT FOR ROAD RIGHT - OF -WAYS AND STORM WATER RIGHT -OF -WAYS AND STORM WATER RIGHT -OF -WAY BY DEED RECORDED UNDER KING COUNTY RECORDING NO. 9705281237; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 032204 -9090: THE WEST 160 FEET OF THE EAST 709.5 FEET OF THE SOUTH 240 FEET OF THE SOUTHEAST 1/4 OF THE NORTHEAST 11 /4 OF SECTION 3, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M.; EXCEPT THE WEST 20 FEET THEREOF; AND EXCEPT ANY PORTION OF THE COUNTY ROAD, IF ANY, THAT LIES WITHIN THE LAND HEREINABOVE DESCRIBED; AND EXCEPT THAT PORTION THEREOF CONVEYED TO THE CITY OF KENT FOR ROAD RIGHT -OF -WAYS BY DEED RECORDED UNDER KING COUNTY RECORDING NO. 9705281237; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 022204 -9011: THAT PORTION OF GOVERNMENT LOT 9 IN SECTION 2, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., LYING EASTERLY OF A LINE DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE WEST LINE OF SAID SECTION 2, AT A POINT 1392.41 FEET SOUTH OF THE NORTHWEST CORNER THEREOF; THENCE SOUTH 88° 45' 19" EAST 145.55 FEET TO THE SOUTHWEST CORNER OF THE M. A. SEGALE PROPERTY, AS SHOWN ON THE RECORDED SURVEY UNDER KING COUNTY RECORDING NO. 7707280568 (VOLUME 4 OF SURVEYS, PAGE 239) AND THE COMMENCEMENT OF SAID LINE; THENCE SOUTH 11° 41' 30" WEST 352.30 FEET; THENCE SOUTH 78° 09' 50" WEST 68.29 FEET TO INTERSECTION WITH THE WEST LINE OF SAID SECTION 2 AND THE TERMINUS OF SAID LINE; EXCEPT THAT PORTION THEREOF DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF THE SOUTHWEST' /4 OF THE NORTHWEST V4 OF SAID SECTION; THENCE NORTH 89° 16' 32" WEST ALONG THE EAST - WEST CENTERLINE OF SAID SECTION, 458.30 FEET; THENCE NORTH 02° 40' 47" EAST 53.72 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTH 02° 40' 47" EAST 68.04 FEET; THENCE NORTH 20° 24' 53" EAST 88.72 FEET; THENCE NORTH 49° 07' 02" EAST 82.00 FEET TO THE INTERSECTION WITH THE SOUTHWESTERLY MARGIN OF FRAGER ROAD; THENCE SOUTH 40° 52' 58" EAST, ALONG SAID SOUTHWESTERLY MARGIN, 117.97 FEET TO A POINT ON A CURVE FROM WHICH THE RADIAL CENTER BEARS SOUTH 49° 07' 02" WEST 798.51 FEET; THENCE SOUTHEASTERLY ALONG AN ARC OF SAID CURVE, CONCAVE TO THE SOUTHWEST, 93.58 FEET TO A POINT ON A NON - TANGENT CURVE FROM WHICH RADIAL CENTER BEARS SOUTH 84° 31' 00" WEST 40.00 FEET; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE, CONCAVE TO THE NORTHWEST, 67.17 FEET; THENCE NORTH 89° 16' 32" WEST 190.00 FEET TO THE TRUE POINT OF BEGINNING; AND EXCEPT ROADS; AND EXCEPT THAT PORTION THEREOF CONVEYED TO THE CITY OF KENT FOR ROAD RIGHT - OF -WAY AND STORM WATER RIGHT -OF WAY BY DEED RECORDED UNDER KING COUNTY RECORDING NO. 9705281237; AND EXCEPT THAT PORTION THEREOF CONVEYED TO THE CITY OF KENT FOR FRAGER ROAD RIGHT -OF- WAY BY DEED RECORDED UNDER RECORDING NO. 9705281238; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 022204 -9015: GOVERNMENT LOT 8 IN SECTION 2, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M.; EXCEPT THE SOUTH 40 FEET THEREOF TO KING COUNTY FOR ROADWAY AS RECORDED UNDER RECORDING NO. 258128; AND EXCEPT THE NORTH 22.8 FEET THEREOF TO KING COUNTY FOR ROADWAY AS RECORDED UNDER RECORDING NO. 1731274; AND EXCEPT THOSE PORTIONS THEREOF CONDEMNED UNDER KING COUNTY SUPERIOR COURT CAUSE NO. 47302 FOR DRAINAGE DITCHES BY THE BOARD OF COMMISSIONERS OF DRAINAGE DISTRICT NO. 2 OF KING COUNTY, WASHINGTON; AND EXCEPT THAT PORTION THEREOF CONVEYED TO THE CITY'OF KENT BY DEED RECORDED UNDER RECORDING NO. 9705231403; TOGETHER WITH THAT PORTION OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 3, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID SOUTHEAST 1/4 OF SECTION 3, (SAID POINT ALSO BEING THE NORTHWEST CORNER OF GOVERNMENT LOT 8 IN SECTION 2, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M.); THENCE SOUTH 00 °30'45" EAST ALONG THE EAST LINE OF SAID SOUTHEAST 1/4 OF SECTION 3, A DISTANCE OF 22.8 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 89 °54'02" WEST ALONG A LINE 22.8 FEET SOUTH OF AND PARALLEL TO THE EAST -WEST CENTER LINE OF SAID SECTION 3, A DISTANCE OF 711.96 FEET; THENCE SOUTH 00 °25'36" EAST, A DISTANCE OF 1,264.25 FEET TO APOINT 40 FEET NORTH OF THE SOUTH LINE OF SAID NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 3; THENCE NORTH 89 °40'00" EAST ALONG A LINE 40 FEET NORTH OF AND PARALLEL TO THE SOUTH LINE OF SAID NORTHEAST 1/4 OF THE SOUTHEAST 1/4, A DISTANCE OF 713.84 FEET TO THE EAST LINE OF SAID SOUTHEAST 1/4 OF SECTION 3; THENCE NORTH 00 °30'45" WEST ALONG SAID EAST LINE, A DISTANCE OF 1,262.59 FEET TO THE TRUE POINT OF BEGINNING; EXCEPT THOSE PORTIONS THEREOF CONDEMNED UNDER KING COUNTY SUPERIOR COURT CAUSE NO. 47302 FOR DRAINAGE DITCHES BY THE BOARD OF COMMISSIONERS OF DRAINAGE DISTRICT NO. 2 OF KING COUNTY, WASHINGTON; AND EXCEPT THAT PORTION THEREOF CONVEYED TO THE CITY OF KENT BY DEED RECORDED UNDER RECORDING NO. 9705231403; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 032204 -9092: THAT PORTION OF THE SOUTHEAST V4 OF SECTION 3, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING AT THE EAST QUARTER CORNER OF SAID SECTION 3, TURNING THENCE SOUTH 89° 11' 06" WEST ALONG THE NORTH LINE OF THE SOUTHEAST 'A OF SAID SECTION 3, A DISTANCE OF 723.80 FEET; THENCE SOUTH 01° 11' 00" EAST 30 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 01° 11' 00" EAST 300 FEET; THENCE SOUTH 89° 11' 06" WEST, PARALLEL WITH SAID NORTH LINE, 220 FEET; THENCE NORTH 01° 11' 00" WEST 300 FEET TO THE SOUTH LINE OF THE NORTH 30 FEET OF SAID SOUTHEAST 1/4; THENCE NORTH 89° 11' 06" EAST 220 FEET TO THE TRUE POINT OF BEGINNING; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 032204 -9093: THAT PORTION OF SOUTHEAST 1/4 OF SECTION 3, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING AT A POINT 30 FEET SOUTH AND 723.80 FEET WEST OF THE NORTHEAST CORNER OF SOUTHEAST 1/4; THENCE SOUTH TO THE NORTH LINE OF SOUTH 204TH STREET; THENCE WEST 746 FEET; THENCE NORTH TO A POINT 527.5 FEET SOUTH OF THE NORTH LINE; THENCE WEST TO ORILLIA ROAD SOUTH; THENCE NORTHERLY ALONG ROAD TO A POINT 30 FEET SOUTH OF THE NORTH LINE OF SOUTHEAST 1/4; THENCE EAST TO BEGINNING; EXCEPT THE NORTH 300 FEET OF THE EAST 220 FEET THEREOF, AND EXCEPT THAT PORTION, BEGINNING 398.4 FEET NORTH OF THE SOUTHWEST CORNER THEREOF;THENCE NORTH 424.1 FEET; THENCE EAST 150 FEET; THENCE SOUTH 424.1 FEET; THENCE WEST 150 FEET TO BEGINNING, AND EXCEPT THAT PORTION, BEGINNING 1,565.30 FEET WEST AND 385.52 FEET SOUTH OF THE NORTHEAST CORNER OF SAID SUBDIVISION; THENCE NORTH 89 °11'06" EAST 120 FEET; THENCE NORTHEASTERLY 138 FEET TO A POINT 284 FEET SOUTH AND 1,340.72 FEET WEST OF THE NORTHEAST CORNER OF SAID SUBDIVISION; THENCE NORTH 01 °11'00" WEST 284 FEET; THENCE WEST TO THE EASTERLY LINE OF ORILLIA ROAD SOUTH; THENCE SOUTHERLY ALONG ROAD TO A POINT NORTH OF BEGINNING; THENCE SOUTH TO BEGINNING; AND EXCEPT ROAD; AND EXCEPT DITCH; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 032204 -9056: THE NORTHEASTERLY 424.1 FEET OF THE SOUTHERLY 822.5 FEET OF THE WEST 150 FEET OF THAT PORTION OF THE SOUTHEAST 1/4 OF SECTION 3, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT WHICH IS 412.5 FEET SOUTH AND 1,930.5 FEET EAST FROM THE NORTHWEST CORNER OF THE SOUTHEAST 1/4 OF SAID SECTION 3; THENCE SOUTH 875 FEET, MORE OR LESS, TO THE NORTH MARGINAL LINE OF THE ROAD; THENCE WEST 746 FEET; THENCE NORTH 875 FEET, MORE OR LESS, TO A POINT WHICH IS WEST OF THE POINT OF. BEGINNING; THENCE EAST 746 FEET TO THE POINT OF BEGINNING; TOGETHER WITH AN EASEMENT FOR INGRESS AND EGRESS OVER A STRIP OF LAND 30 FEET IN WIDTH, THE CENTERLINE DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTH LINE OF THE ABOVE DESCRIBED MAIN TRACT WHICH IS 527.5 FEET SOUTH AND 1,184.5 FEET EAST OF THE NORTHWEST CORNER OF THE SOUTHEAST 1/4 OF SAID SECTION 3;THENCE WEST 226 FEET TO THE EASTERLY MARGIN OF 51ST PLACE SOUTH "ORILLA ROAD SOUTH" AND THE TERMINUS OF SAID LINE; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 032204 -9052: THAT PORTION OF THE NORTH HALF OF THE SOUTHEAST 1/4 OF SECTION 3, TOWNSHIP 22 NORTH, RANGE 4 EAST, W. M., DESCRIBED AS FOLLOWS: BEGINNING AT A POINT SOUTH 89° 11' 16" WEST 1,565.30 FEET AND SOUTH 01° 11' 00" EAST 385.52 FEET OF THE EAST QUARTER CORNER; THENCE NORTH 01° 11' 00" WEST 171.01 FEET; THENCE NORTH 10° 39' 06" EAST 137.87 FEET; THENCE NORTH 46° 52' 13" EAST 73.354 FEET; THENCE NORTH 89° 11' 06" EAST 144 FEET, MORE OR LESS, TO A POINT WHICH IS SOUTH 89° 11' 06" WEST 1,340.72 FEET AND SOUTH 01° 11' 00" EAST 30 FEET FROM EAST QUARTER CORNER; THENCE SOUTH 01° 11' 00" EAST 254 FEET; THENCE SOUTHWESTERLY 138 FEET TO A POINT 120 FEET EAST OF THE POINT OF BEGINNING; THENCE SOUTH 89° 11' 06" WEST 120 FEET TO THE POINT OF BEGINNING; EXCEPT PORTION FOR ORILLIA ROAD AND SOUTH 200TH STREET AS DEEDED, CONDEMNED, OR ESTABLISHED BY EASEMENT AS OF AUGUST 1, 1999; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 022204 -9036: THAT PORTION OF GOVERNMENT LOT 10 IN SECTION 2, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING ON THE WEST LINE OF SAID SECTION AT A POINT SOUTH 01° 55' 10" EAST 812.83 FEET FROM THE NORTHWEST CORNER THEREOF; THENCE NORTH 37° 42' 25" EAST 12.78 FEET; THENCE SOUTH 42° 49' 45" EAST 193.04 FEET; THENCE SOUTH 30° 11' 35" WEST 85.52 FEET; THENCE NORTH 58° 59' 10" WET 104.89 FEET TO THE WEST LINE OF SAID SECTION 2; THENCE NORTH 01° 55' 10" WEST 150.65 FEET TO THE POINT OF BEGINNING; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 022204 -9061 BEGINNING AT THE SOUTHEAST CORNER OF THE SOUTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 2, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M.; THENCE NORTH 89 °16'32" WEST, ALONG THE EAST -WEST CENTERLINE OF SAID SECTION, 458.30 FEET; THENCE NORTH 02 °40'47" EAST 53.72 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING NORTH 02 °40'47" EAST 68.04 FEET; THENCE NORTH 20 °24'53" EAST 88.72 FEET; THENCE NORTH 49 °07'02" EAST 82.00 FEET TO AN INTERSECTION WITH THE SOUTHWESTERLY MARGIN OF FRAGER ROAD; THENCE SOUTH 40 °52'58" EAST, ALONG SAID SOUTHWESTERLY MARGIN, 117.97 FEET TO A POINT ON A CURVE FROM WHICH THE RADIAL CENTER BEARS SOUTH 49 °07'02" WEST 798.51 FEET; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE CONCAVE TO THE SOUTHWEST 93.58 FEET TO A POINT ON A NON - TANGENT • CURVE FROM WHICH THE RADIAL CENTER BEARS SOUTH 84 °31'00" WEST 40.00 FEET; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE CONCAVE TO THE NORTHWEST, 67.17 FEET; THENCE NORTH 89 °16'32" WEST 190.00 FEET TO THE POINT OF BEGINNING; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 032204 -9049 THOSE CERTAIN 30 AND 40 FOOT STRIP(S) LYING WITHIN THE SOUTHEAST 1/4 OF SECTION 3, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., AS CONDEMNED ON OCTOBER 7, 1905, FOR DRAINAGE DITCH RIGHT -OF -WAY, FOR THE BENEFIT OF DRAINAGE DISTRICT NO. 2 OF KING COUNTY, IN KING COUNTY SUPERIOR COURT CAUSE NO. 47302; SITUATE IN THE CITY OF KENT, COUNTY OF KING, STATE OF WASHINGTON. PARCEL 032204 -9062: PARCEL A: THAT PORTION OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 3, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING AT AN IRON PIPE MARKING THE SOUTHEAST CORNER OF SAID SECTION 3, SAID PIPE BEING 335.00 FEET EASTERLY FROM A CONCRETE MONUMENT; THENCE NORTH, ALONG THE EAST LINE OF SAID SECTION 3, 2,139.83 FEET; THENCE WEST, AT RIGHT ANGLES TO SAID EAST LINE, 1,472.93 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 88 °57'43" WEST, 234.57 FEET; THENCE SOUTH 27 °37'40" WEST, 264.86 FEET; THENCE SOUTH 48 °11'25" WEST, 269.46 FEET; THENCE SOUTH 51 °58'10" EAST, 310.00 FEET, MORE OR LESS, TO THE INTERSECTION WITH THE NORTHERLY LINE OF A COUNTY ROAD (ALLEN CLARK ROAD NO. 665); THENCE EASTERLY, SOUTHERLY, EASTERLY ALONG NORTHERLY, EASTERLY AND NORTHERLY LINE OF SAID COUNTY ROAD, TO A POINT, WHICH BEARS SOUTH 0 °13'04" WEST FROM THE TRUE POINT OF BEGINNING; THENCE NORTH 0 °13'04" EAST, 760.00 FEET, MORE OR LESS, TO THE TRUE POINT OF BEGINNING; EXCEPT THAT PORTION THEREOF CONDEMNED FOR ROAD IN KING COUNTY SUPERIOR COURT CAUSE NO. 653033; ALSO EXCEPT THAT PORTION THEREOF CONVEYED TO THE COUNTY OF KING FOR ORILLIA ROAD SOUTH BY DEED RECORDED UNDER RECORDING NO. 5975360; ALSO EXCEPT THAT PORTION THEREOF, LYING EAST OF A LINE 1,184.50 FEET EAST OF AND PARALLEL WITH THE WEST LINE OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 3; ALSO EXCEPT THAT PORTION THEREOF, LYING NORTH OF A LINE 412.50 FEET SOUTH OF AND PARALLEL WITH THE NORTH LINE OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 3; AND EXCEPT THAT PORTION THEREOF, LYING SOUTH OF THE NORTH LINE OF SOUTH 204TH STREET (ALLEN CLARK ROAD NO. 665); TOGETHER WITH THAT PORTION OF VACATED SOUTH 204TH STREET ADJOINING, PURSUANT TO KING COUNTY ORDINANCE 3430, AS RECORDED UNDER RECORDING NO. 7710120661, RECORDS OF KING COUNTY, AS WOULD ATTACHED TO SAID PROPERTY BY OPERATION OF LAW; PARCEL B: THAT PORTION OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 3, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., LYING SOUTHERLY OF A TRACT OF LAND DEEDED TO CHARLES N. ANDERSON AND LOUISE ANNA ANDERSON RECORDED UNDER RECORDING NO. 4738153, EASTERLY OF ORILLIA ROAD AND WESTERLY OF SOUTH 204TH STREET (ALLEN CLARK ROAD NO. 665); EXCEPT THAT PORTION THEREOF CONDEMNED FOR ROAD IN KING COUNTY SUPERIOR COURT CAUSE NO. 653033; ALSO EXCEPT THAT PORTION THEREOF CONVEYED TO THE COUNTY OF KING FOR ORILLIA ROAD SOUTH BY DEED RECORDED UNDER RECORDING NO. 5975360; AND EXCEPT THAT PORTION THEREOF, LYING SOUTH OF THE NORTH LINE OF SOUTH 204TH STREET (ALLEN CLARK ROAD NO. 665); SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. as �III .IIW • 111 .,: I IlINIU'1.�.1II a :7269 lli• IIrii1111.■.= ;P - . UII.1111i �i�1: mum OHM n.u..I �II111....:Ei■ ' •— IUI1HIII 1u1 In :1111 WINN MN Ism. :•:_ .1.11 111111 111111 MUM II■III 1liNI1:1 : 1, 11 1_ n11J6.11IlCIlh1_ = 1;IIiIIIIIC# IC'ni: 11111111111111 1..1111 7ign111111W1.m' _1111 °IIII1III111`1_ 11. ■r.111.11ii.�. •••••_ . - MIIP■III. 1,11115,11" IMMO MIMmINIMIM --,1111 .— I;IIIIIIII IP!1:_. mune JI ■1'1I II I•i' 1111111111111111111111, IIIIIIIIIIIIIIIIII.IIID ZZA V 1j 1111 Wm. •111 :C MINN MIK 1111 1111 .111= =gun :' am= •111: T4. i► =14111 il1111II11 X11111111 1111111111• /11111nu• 11111111111/ glr :E nun •- :— : \\_ ;= Cann 111 11 ail 111 11� ' ..�: TUKWILA CITY COUNCIL MEETING Council Chambers — City Hall January 18, 2005 — 7:00 p.m. REGULAR MEETING CALL TO ORDER/PLEDGE OF ALLEGIANCE: Pamela Linder, Mayor Pro Tem, called the Regular meeting to order at 7:00 p.m. and led the audience in the Pledge of Allegiance. ROLL CALL: Jane Cantu, City Clerk, called the roll of Council. Present were Councilmembers Joe Duffie, Joan Hernandez, Pam Carter, Jim Haggerton, Pamela Linder, Dennis Robertson and David Fenton. OFFICIALS: Shelley Kerslake, City Attorney; Lucy Lauterbach, Legislative Analyst; Jane Cantu, City Clerk; Bob Baker, Deputy City Clerk; Kevin Fuhrer, Finance Director; David Haynes, Acting Police Chief; Steve Lancaster, Director, Community Development; Lisa Verner, Project Coordinator, Community Development; and Derek Speck, Economic Development Administrator. Steven M. Mullet, Mayor, was not present. SPECIAL PRESENTATION: Update — Regional Long Range Transit Plan - Sound Transit Steve Lancaster, Director of Community Development, introduced Paul Matsuoka, Sound Transit's Chief Policy and Planning Process Officer. Mr. Matsuoka brought and presented two packages of information. One was reviewed with the Council and the other was left "for leisurely reading." Sound Transit will hold ten public hearings and present "Connecting the Region — Preparing for the future Long Range Plan SEIS." At those meetings, Sound Transit staff will: 1, accept public comments on the Draft Sensitive Environmental Impact Statement, 2. provide information about their planning efforts to date, 3. review potential environmental impacts and benefits, and 4. review completed mass transit services and facilities, as well as future possibilities. Comments on the DSEIS will be taken at the public hearings, and in written form, through January 31, 2005. Mr. Matsuoka presented an historical overview of Sound Transit's planning process, beginning with the first environmental impact statement being completed (on the regional system) in 1993. Among other statistics and information provided, the Planning Process Officer noted Sound Transit's expectation that ridership numbers will increase by 1.2 million by the year 2030, as well as a 45% employment increase, both resulting in "all -day congestion." For those reasons, Sound Transit is asking what they can do to help manage the growth in terms of transportation needs. Alternatives and options evaluated by the DSEIS to help manage the growth (in terms of transportation) include Sound Move, WSDOT "Nickel" projects, Green Line Monorail project; Light rail extensions (in north, south and east directions), additional commuter buses and rail facilities, rapid transit buses and streetcars. EXHIBIT C City of Tukwila Page 2 of 5 City Council Regular Meeting Minutes January 18, 2005 Mr. Matsuoka called for comments and inquiries from Council. Of great interest was whether or not Sound Transit would be able to bring the alignment to Southcenter. Characterized as "curious," one Councilmember asked why the alignment could go to the SeaTac Airport, yet not Southcenter. Mr. Matsuoka reminded those present that the "Tukwila Freeway Route" is the official plan "on the books" with Sound Transit. Without any plans of deviation, this is the plan to be implemented. In the end, Mr. Matsuoka informed Council he would provide copies (hard copies and /or in CD format) of the Draft Environmental Impact Statement for their review as many reported not yet seeing it. CITIZEN COMMENT /CORRESPONDENCE: Claire Henson, 12414 Military Road South, Seattle (Boulevard Park), informed Council of the creation of Bree's Way, an organization which intends to create a "special needs" park for "special needs" people. Her daughter is one such person. Additionally, she noted Boulevard Park is considering annexation into the City of Tukwila. In doing so, she noted Boulevard Park would be a positive place to live, with a positive identity.. A study group has been formulated to determine how to make the area a better place altogether. An informal survey shows 84% of those polled (total number not stated) would like a better identity. The same survey also showed 61% of those polled to be in favor of annexing into Tukwila. The group is actively seeking comments (written or verbal) from residents who are interested into annexing to a local, nearby City. Tukwila currently is the number -one choice. Ms. Henson spoke in favor of a Joint Tukwila City Council and Boulevard Study Group meeting. Amongst other community offerings, Boulevard Park boasts three elementary schools (one to close at the end of this school year, however). Carla Sumpter, 2214 South 118th Street, Boulevard Park, spoke of the need to annex Boulevard Park into a nearby City. She does not want to be incorporated into Burien. She shops in Tukwila, has served on a Tukwila jury and "identifies with Tukwila." Olanda Groqe, 11534 — 28th Ave. SW, North Highline area member of their area council, noted correspondence in 2004 from City of Tukwila officials regarding disinterest in annexation efforts. Just as time has gone by, Ms. Groge believes circumstances have changed which now merit reconsideration. Jim .Haggerton, former Council President, noted his signature was attached to the referenced letter (by Ms. Groge). He also noted not being "terribly optimistic" that circumstances had changed to a degree where the Council would yet reconsider. Ms. Linder spoke of Tukwila nearly tripling in size within the past 15 years due to an annexation which "we're still in the process of dealing with." She noted a sense of community and infrastructure needs are foremost on everyone's minds. The Council President then asked Rhonda Berry, City Administrator, to contact King County for statistical figures and to follow up with Council. Anna Bernhard 14241 — 59th Ave. South, Tukwila, spoke in favor of allowing current Tukwila citizens the right to be heard (via a vote or some other means) on whether or not they want others to annex into the City. CONSENT AGENDA: a. Approval of minutes — January 3, 2005 — Regular meeting b. Approval of vouchers — 313025 - 313313, in the amount of $1,040,047.08 DUFFIE MOVED; HERNANDEZ SECONDED; TO APPROVE THE CONSENT AGENDA AS PRESENTED. The motion carried 7 -0. City of Tukwila Page 3 of 5 City Council Regular Meeting Minutes January 18, 2005 UNFINISHED BUSINESS: a. An ordinance renewing a moratorium relative to transit - oriented development (TOD) areas AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, RENEWING A SIX -MONTH MORATORIUM ON ACCEPTANCE OF APPLICATIONS FOR CERTAIN LAND DIVISIONS, AND DEVELOPMENT ACTIVITIES AND LAND USES WITHIN THE AREA DESIGNATED FOR TRANSIT ORIENTED DEVELOPMENT AROUND THE TEMPORARY COMMUTER RAIUAMTRAK STATION AT LONGACRES; PROVIDING FOR SEVERABILITY; AND DECLARING AN EMERGENCY FENTON MOVED; ROBERTSON SECONDED; TO HAVE THE PROPOSED ORDINANCE READ BY TITLE ONLY. The motion carried 7 -0. Shelley Kerslake, City Attorney, read the title of the proposed ordinance. FENTON MOVED; DUFFIE SECONDED; TO ADOPT THE PROPOSED ORDINANCE AS READ. The motion carried 7 -0. ADOPTED ORDINANCE #2081 b. Authorize Mayor to sign a contract with Huckell Weinman Associates (HWA), Inc., in the amount of $39,072.01, for preparation of a supplemental Environmental Impact Statement and Planned Action Ordinance for the Tukwila Urban Center. FENTON MOVED; DUFFIE SECONDED; TO AUTHORIZE THE MAYOR TO SIGN A CONTRACT WITH HUCKELL WEINMAN ASSOCIATES, INC., IN THE AMOUNT OF $39,072.01, FOR PREPARATION OF A SUPPLEMENTAL ENVIRONMENTAL IMPACT STATEMENT AND PLANNED ACTION ORDINANCE FOR THE TUKWILA URBAN CENTER. The motion carried 7 -0. NEW BUSINESS: Consideration of request to accept 10% Request for Annexation, received from La Pianta, LLC. — Petitioner — Mark A. Segale, Vice President. Lisa Verner, Project Coordinator, provided background on the issue. She reported approximately one - half of the Segale property is located within Tukwila's city limits, while the other one half is located within unincorporated King County. Proposed for annexation are approximately 250 acres. The City Council is being asked (by the applicant, LaPianta, LLC) to approve a 10% petition, authorize the circulation of the Petition for Annexation (60% Petition), and require both the simultaneous adoption of zoning and the assumption of some existing city indebtedness. Should Council accept the proposed annexation "as presented or with modifications, the Council authorizes the circulation of the Petition for Annexation, which must be signed by owners of 60% of the value of the property included in the annexation boundaries." Council received a copy of the Request for Annexation (Petition), a list of tax lots and a map of the designated area. Ms. Verner noted the City's Comprehensive Plan calls for a Master Plan and identifies a zoning designation of Tukwila Valley South (TVS) for this property. While a draft Tukwila South Master Plan has been submitted for staff review, Council will not see it until late 2005. Additionally, the Project Coordinator noted the property in question would be subject to a City- approved Development Agreement. Councilmember Robertson noted Council has not seen the mentioned Development Agreement in any format (draft or final). Additionally, Council has not yet seen an annexation plan or draft EIS. He spoke in favor of viewing all named documents prior to annexation. Ms. Verner reported all documents are works in progress and may be available as early as the end of February 2005. City of Tukwila Page 4 of 5 City Council Regular Meeting Minutes January 18, 2005 City staff reported no time requirement exists to return a 60% petition. Moreover, it cannot be submitted until such time as staff has a final EIS and Development Agreement. Both sides must come to an agreement on the issues before the 60% Petition may be submitted. It was stressed that there is absolutely no commitment on the City's behalf if a petition is filed. Ms. Verner agreed to submit a proposed, written timeline of the forthcoming issues. Sue Carlson, on behalf of Petitioner La Pianta, LLC, called this a "complex, yet do -able process." She thanked the Council for their consideration of the petition. As part of her duties with La Pianta, she has been working with King County to resolve many issues and noted, "annexation could take place as soon as 90 days after acceptance of the 60% petition," and action in connection with all paperwork — the last piece of which will be a required ordinance. For the record, Councilmember Carter noted this area was designated as a Potential Annexation Area 10 years ago. Councilmembers Hernandez, Robertson and Mayor Pro Tem Linder all spoke favorably of the proposed annexation. HERNANDEZ MOVED; ROBERTSON. SECONDED; TO ACCEPT THE 10% REQUEST AS SUBMITTED, AUTHORIZE CIRCULATION OF THE 60% PETITION FOR ANNEXATION, AND REQUIRE BOTH THE SIMULTANEOUS ADOPTION OF ZONING AND THE ASSUMPTION OF EXISTING CITY INDEBTEDNESS. The motion carried 7 -0. REPORTS: a. Mayor Mayor Mullet was absent. b. CounciL Councilmember Joe Duffie attended Alan Doerschel's retirement "Roast." Councilmember Joan Hernandez attended the January 13 Joint Planning Commission /City Council meeting and subsequent Equity and Diversity Commission meeting and the January 14 Southwest King County Chamber of Commerce luncheon. Ms. Hernandez reported the City of Tukwila would be divided into two separate /distinct legislative districts according to newly proposed (King County) redistricting maps. Mayor Pro Tem Pamela Linder attended a January 12 results -based workshop on accountability, facilitated by Mark Friedman. She also attended a Southwest King County Economic Development Initiative Executive Committee meeting the same day. On January 13, Ms. Linder attended the South King County Human Services Board meeting. Councilmember Pam Carter attended the January 11 Highway 99 Action Committee meeting and a Transportation Policy Board meeting on January 13. Ms. Carter also attended an Economic Forecast meeting on January 15 as well as a press conference conducted by the Association of Washington Cities (AWC) on the State of the Cities. Today, the Councilmember attended a SCATBd meeting. Councilmember Jim Haggerton attended Cascade Water Alliance's meeting of the Finance and Resources Joint Committees. Councilmember Dennis Robertson attended this evening's Finance and Safety Committee meeting. Councilmember David Fenton announced the first Utilities Committee meeting is January 19. c. City Administrator Rhonda Berry was absent. City of Tukwila Page 5 of 5 City Council Regular Meeting Minutes January 18, 2005 d. City Attorney Shelley Kerslake provided an update on Sound Transit issues and cautioned the Council to not discuss the Tukwila Freeway Route until further Court (of Appeals) decisions are made. Ms. Kerslake next informed the Council that the Woodside Apartment building owner /manager would likely receive notice on January 19 that due to non - payment all electrical power (in general areas) is likely to be cut. The owner is currently $24,000.00 in arrears. Additional information will follow. e. Legislative Analyst Lucy Lauterbach reminded Council of the January 21 and 22 City Council Retreat. ADJOURNMENT: 8:48 p.m. DUFFIE MOVED; FENTON SECONDED; TO ADJOURN THE REGULAR MEETING. The motion carried 7 -0. Pamela Linder, Mayor Pro Tem Robert H. Baker, CMC, Deputy City Clerk Date minutes approved: March 7, 2005 D II1IHX3 Property Owner La Pianta LLC La Pianta LLC La Pianta LLC La Pianta LLC La Pianta LLC La Pianta LLC La Pianta LLC La Pianta LLC La Pianta LLC La Pianta LLC La Pianta LLC La Pianta LLC La Pianta LLC La Pianta LLC La Pianta LLC La Pianta LLC La Pianta LLC La Pianta LLC La Pianta LLC La Pianta LLC La Pianta LLC La Pianta LLC La Pianta LLC La Pianta LLC La Pianta LLC Tukwila Historical Society King County King Co. Drainage Dist. 2 La Pianta LLC Tukwila South Annexation Area Parcel List - EXHIBIT D Area Area Map Assessed Parcel Identifier ISF) fAcmi Parcel No. Jurisdiction S -T -R Value 3523049050 11,848 0.27 124 Tuk. & King Co. 35 -23-4 EWM $29,600 * 3523049078 13,503 0.31 128 King County 35 -23-4 EWM $700 3523049041 1,126,897 25.87 129 King County 35 -23-4 EWM $901,500 3523049117 10,000 0.23 130 King County 35 -23 -4 EWM $7,500 0222049037 37,633 0.86 131 King County 2 -22 -4 EWM $316,000 0222049040 37,296 0.86 132 King County 2 -22 -4 EWM $74,500 0222049033 649,915 14.92 133 King County 2 -22 -4 EWM $519,900 3523049016 175,111 4.02 135 King County 35 -23 -4 EWM $4,000 0222049008 264,844 6.08 136 King County 2 -22-4 EWM $161,000 3523049066 12,632 0.29 137 King County 35 -23-4 EWM $700 3523049065 23,087 0.53 138 King County 35 -23-4 EWM $100 0222049043 905,612 20.79 139 King County 2 -22-4 EWM $1,811,200 0222049057 382,456 8.78 140 King. County 2 -22-4 EWM $133,800 0322049047 520,106 11.94 141 King County 3 -22 -4 EWM $260,000 0322049106 87,120 2.00 142 King County 2 &3 -22-4 EWM $174,200 0239000352 114,747 2.63 143 King County 3 -22-4 EWM $69,000 0322049100 648,173 14.88 144 King County 3 -22-4 EWM $281,000 0322049006 841,143 19.31 145 King County 3 -22-4 EWM $420,500 0322049090 23,240 0.53 146 King County 3 -22 -4 EWM $34,800 0222049011 1,176,991 27.02 147 King County 2 -22 -4 EWM $882,700 0222049015 2,112,224 48.49 148 King County 2 &3 -22-4 EWM $1,584,100 0322049092 66,211 1.52 149 King County 3 -22 -4 EWM $73,000 0322049093 801,068 18.39 150 King County 3 -22 -4 EWM $266,000 0322049056 63,597 1.46 151 King County 3 -22 -4 EWM $42,000 0322049052 53,143 1.22 234 King County 3 -22 -4 EWM $75,000 0222049036 15,900 0.37 309 King County 2 -22-4 EWM $2,000 0222049061 31,477 0.72 310 Kent & King Co. 2 -22-4 EWM $31,400 0322049049 29,911 0.69 311 King County 2 &3 -22 -4 EWM $200 0322049062 357,627 8.21 312 King County 3 -22-4 EWM $475,000 Total: 10,593,512 243.19 $8,631,400 Tukwila South Annexation Petition June 10, 2009 ** Total Value of All Parcels: $8,631,400 Total Value of All La Pianta Parcels: $8,597,800 La Pianta Percentage of Total Value: 99.61% * TOTAL ASSESSED VALUE OF TAX LOT: $148,100. EST. 4/5 OF. TAX LOT IN TUKWILA & 1/5 IN KING COUNTY. ** TOTAL ASSESSED VALUEOF TAX LOT: $300. EST. 1/3 OF TAX LOT IN KENT & 2/3 IN KING COUNTY. Total Area Being Annexed to the City Frager Road: S. 200th Street Orillia Road (3300'x60' est.): Total Area of Above Parcels (SF): Total Area (SF): Total Area (Acres): Tukwila South Annexation Petition June 10, 2009 198,084 SF 334,105 SF 198,000 SF 10,593,512 SF 11,323,701 SF 259.96 Acres SUMMARY OF Ordinance No. 2241 City of Tukwila, Washington On June 15, 2009 the City Council of the City of Tukwila, Washington, adopted Ordinance No. 2241, the main points of which are summarized by its title as follows: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, ANNEXING APPROXIMATELY 259 ACRES OF REAL PROPERTY KNOWN AS THE " TUKWILA SOUTH PROJECT PROPERTY;" PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. The full text of this ordinance will be mailed upon request. Approved by the City Council at a Regular Meeting thereof on June 15, 2009. F Christy Iahert CMC, City Clerk Published Seattle Times: June 18, 2009. L.41 King County Department of Assessments Accounting Division 500 Fourth Avenue, ADM -AS -0725 Seattle, WA 98104 -2384 (206) 296 -5145 FAX (206) 296 -0106 Email: assessor.info @kingcounty.gov httn://www.kingcountv.gov/assessor/ Exhibit B Rich Medved Acting Assessor ANNEXATION PETITION CERTIFICATION THIS IS TO CERTIFY that the petition submitted June 23, 2009 to the King County Department of Assessments by Christy O'Flaherty, City Clerk for the City of Tukwila, supporting the annexation to Tukwila of the properties described as the Tukwila South Project Property Annexation, have been examined, the property taxpayers, tax parcel numbers, and assessed value of properties listed thereon carefully compared with the King County tax roll records, and as a result of such examination, found to be sufficient under the provisions of the Revised Code of Washington, Section 35A.01.040. The Department of Assessments has not verified that the signature on the petition is valid through comparison with any record of actual signatures, nor that the signature was obtained or submitted in an appropriate time frame, and this document does not certify such to be the case. Dated this 24th day of June, 2009 Rich Medved, Acting King County Assessor Exhibit C -1 FIRE DIST. 24 MAP AC DEVOTES ARE DIST. \C \ D DENOTES ANNEXA71ON BOUND DEVOTES PAA BOUNDARY SCHOOL DIST. MAP AC z NEN -T•11111:1# 1'0 Exhibit C-2 EXISTING 'TUK CITY LIMITS STREET ILA dal_ TON SCHOOL DISTRICT /0* .0 • SOUTH 204th STREET KENT 0 DENOTES ANNEXATION BOUND _i DENOTES-NA BOUNDARY' Exhibit C -3 HIGHLINE WATER DIST. MAr /.� z DENOTES WA7ER DISTi - DENOTES ANNEXATION DENOTES PAA BOUNDARY Lege nd City Limits ■ ■ ■ Potential Annexation Area (PAA) Tukwila South Annexation Area Green /Duwamish River Tukwila South Assuming La Pianta Pays Parks, Fire and Road Impact Fees $20,000 1 t0 �• $15,000 1 cu Q. 0 0 0 i-1 C air $10,000 U t 0 0 U O $5,000 C CC s- Proposed City Responsibilities V. Projected Income methodology: This display compares all identified potential City costs against the revenues projected by 'Tukwila South," assuming that all capital costs are financed with twenty year bonds at 6% - and assuming that some substantial cost adjustments or clarifications currently under negotiation are confirmed. The revenue/ cost comparison balance can be expected to change further as: • The project responsibilities proposed for the City are reviewed— and perhaps substantiallywinnowed- from the simple tally of all City responsibilities under consideration. • The City departments which have supplied all of the cost figures continue to review and perhaps revise their assumptions and estimates. (Some substantial identified responsibilities have only very rough cost estimates and others have none.) • The timing of the different project elements is reviewed and revised, putting project phasing and revenue / cost projections back on a consistent assumed schedule with fully articulated inflation rates, • Financing for the cost elements is comprehensively planned, considering multiple the debt issues, different bond rates, etc. • The firmness of the revenue projection is considered for current and potential market conditions. Even with the potential cost reductions under discussion, however, the City clearly will face very considerable municipal expenditures— to be made in the near term against the expectation of excess revenues in the future. Total of all projected revenues with slower or delayed growth Total of all projected revenues roma imsymar-gt rilkAag from other D r =e Total of all identified potential City costs net of impact fees and TSP direct pay- ments (still under discussion) r - : Id�T i I■ ■ ■ "CROSS- OVER" City begins accruing more revenues from TSP than the jrvice. -'4#1.17111111 PVi. IF7-1 Airook 11 IN ,-, 7P • • • • • • • • 111 I I / / • • • City Departmental O &M costs not projected beyond 2030. O Bonded Cost (6 %,20yrs.) REVENUE TOTAL REVENUE TOTAL - Growth at 75% - - -- REVENUETOTAL- Pause in Yrs 6 -10 COST TOTAL (Cap + O &M) 0 0 N N 0 N N .-1 0 N Timeline is as originally presumed for project at time of revenue projection. N 0 N Year 1" N O N N m 0 N N m 0 N Data Sources Revenue: 'Tukwila South Fiscal Analysis' - Berk & Associates, 10/18/2005 Costs: City Departments (various dates) CoreCheck- 19ejust after removal of TIF.xlsx 4/9/2008 TUKWILA SOUTH PROJECT SUMMARY OF PROPERTIES TO BE ANNEXED S/T/R # LOT # OWNERSHIP SIZE (IN ACRES) Exhibit F 2009 IMPROVEMENT VALUE 2009 LAND VALUE Dated: April 23, 2009 2009 2009 TOTAL TAX VALUE AMOUNT 022204 9008 LA PIANTA 022204 9011 LA PIANTA 022204 9015 LA PIANTA 022204 9033 LA PIANTA 022204 9037 LA PIANTA 022204 9040 LA PIANTA 022204 9043 LA PIANTA 022204 9057 LA PIANTA 023900 0352 LA PIANTA 032204 9006 LA PIANTA 032204 9047 LA PIANTA 032204 9056 LA PIANTA 032204 9062 LA PIANTA 032204 9092 LA PIANTA 032204 9100 LA PIANTA 032204 9106 LA PIANTA 352304 9016 LA PIANTA 352304 9041 LA PIANTA 352304 9050 LA PIANTA 352304 9065 LA PIANTA 352304 9066 LA PIANTA 352304 9078 LA PIANTA 352304 9090 LA PIANTA 352304 9117 LA PIANTA 032204 9052 LA PIANTA 032204 9093 LA PIANTA SUB -TOTAL LA PIANTA N/A N/A 022204 032204 022204 SOUTH 200TH FRAGER RD (TO BE VAC) 9036 TUKWILA HST. SOC. 9049 KING COUNTY 9061 KING COUNTY SUB -TOTAL OTHERS GRAND TOTAL 6.88 28.63 53.60 14.92 0.86 0.85 20.79 8.85 2.63 19.74 12.91 1.46 5.00 1.52 14.88 2.00 3.56 25.87 1.36 0.01 0.29 0.40 0.19 0.23 1.22 18.39 $0.00 $0.00 $0.00 $0.00 $232,000.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $292,000.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $15,000.00 $0.00 $7,000.00 $0.00 $161,000.00 $882,700.00 $1,584,100.00 $519,900.00 $84,000.00 $74,500.00 $1,811,200.00 $133,800.00 $69,000.00 $420,500.00 $260,000.00 $42,000.00 $183,000.00 $73,000.00 $281,000.00 $174,200.00 $4,000.00 $901,500.00 $29,620.00 $100.00 $700.00 $700.00 $49,000.00 $7,500.00 $68,000.00 $266,000.00 $161,000.00 $1,819.41 $882,700.00 $10,520.20 $1,584,100.00 $18,999.55 $519,900.00 $5,847.60 $316,000.00 $3,668.73 $74,500.00 $848.11 $1,811,200.00 $20,351.98 $133,800.00 $1,514.68 $69,000.00 $897.71 $420,500.00 $4,980.25 $260,000.00 $2,931.08 $42,000.00 $637.21 $475,000.00 $5,502.35 $73,000.00 $986.63 $281,000.00 $3,167.15 $174,200.00 $2,126.96 $4,000.00 $55.05 $901,500.00 $9,674.77 $29,620.00 $309.11 $100.00 $12.23 $700.00. $19.49 $700.00 $19.49 $64,000.00 $2,072.40 $7,500.00 $202.51 $75,000.00 $979.66 $266,000.00 $3,602.44 247.04 AC $546,000.00 $8,081,020.00 5.27 $0.00 $0.00 4.57 $0.00 N/A 0.37 $0.00 $2,000.00 1.03 $0.00 $200.00 0.72 $0.00 $31,400.00 $8,627,020.00 $0.00 N/A $2,000.00 $200.00 $31,400.00 $101,746.75 * EXEMPT EXEMPT EXEMPT EXEMPT ** EXEMPT 11.96 AC $0.00 $33,600.00 $33,600.00 $0.00 259.00 AC $546,000.00 $8,114,620.00 $8,660,620.00 $101,746.75 * Total Assessed value is $148,100. # adjusted to 1 /5th in King County. ** Total Asssesed value is $300. # adjusted to 2 /3rd in King County CERTIFICATION I, Christy O'Flaherty, City Clerk of the City of Tukwila, Washington, do hereby certify that this is a true and correct copy of City of Tukwila, Resolution #1561 adopted by the Tukwila City Council at a Regular Meeting thereof on November 1, 2004. Dated this 7th day of August 2009. Christy O'Flaherty, CMC, City Clerk City of Tukwila, Washington City of Tukwila Washington Resolution No. / / A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, COMMITTING TO INITIATE AN ANNEXATION PROCESS FOR A CERTAIN UNINCORPORATED ISLAND OF TERRITORY AFTER SUCH ISLAND BECOMES CONTIGUOUS TO THE CITY. WHEREAS, the City has received a notice of intention to commence annexation proceedings related to the territory known as the La Pianta annexation area, the boundaries of which are described in Exhibit A, which is attached hereto and incorporated as if set forth in hill; and WHEREAS, the City Council intends to authorize the circulation of an annexation petition for the La Piianta annexation area; and WHEREAS, the La Pianta annexation area lies within the Tukwila South Potential Annexation Area identified by the Tukwila Comprehensive Land Use Plan; and WHEREAS, the La Pianta annexation will reduce but not eliminate King County's obligation to provide municipal services to an area that is difficult for the County to serve due to its size and isolation from other County service areas; and WHEREAS, the King County Countywide Planning Policies recognize cities as the appropriate provider of local urban services to urban areas; and WHEREAS, King County has indicated it will support the La Pianta annexation if the .City commits to timely annex the remainder of its Tukwila South Potential Annexation Area, the boundaries of said remainder being described in Exhibit B, which is attached hereto and incorporated herein as if set forth in full; and WHEREAS, the City of Tukwila is willing to annex the area described in Exhibit B, but would like to delay action on this annexation until after a final resolution his been reached with respect to the La Pianta annexation area; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: Section 1. Within three weeks after the area described in Exhibit A becomes contiguous to the City of Tukwila, the City Council will adopt a resolution commencing negotiations pursuant to RCW 35A. 14.460 for an interlocal agreement between the City and King County to accomplish the annexation of the area described in Exhibit B to the City, and directing staff to complete said negotiations on an expedited basis. Within six weeks of approval of said negotiated interlocal agreement by the City and King County, the City will adopt an ordinance providing for the annexation of the area described in Exhibit B, which ordinance shall provide for an effective date of annexation not later than sixty (60) days after adoption of the ordinance. PASSED BY THE CITY CQUNNCIL OF TH'E /CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this X15``'' day of AkVeir .eJL . 2004. ATTEST /AUTHENTICATED: Jan / . Cantu, CMC, City Clerk APPROVED AS TO FORM BY: Office of the City Attorney Annexation Commitment 10/28/04 Hagge ouncil President Filed with the City Clerk: Passed by the City Council: Resolution Number: "EXHIBIT A" (to resolution committing to initiate an annexation process...) THAT PORTION OF UNINCORPORATED KING COUNTY LYING SOUTH OF THE CITY OF TUKWILA DESCRIBED AS FOLLOWS: "THAT PORTION OF UNINCORPORATED KING COUNTY, WASHINGTON: BOUNDED ON THE NORTH BE THE CITY EXISTING SOUTHERLY.. CITY LIMITS O TUKWILA, IN THE IMMEDIATE VICINITY OF THE SOUTH 188TH STREET INTER - CHANGE; . BOUNDED ON THE EAST BY THE WEST.IVIARGIN OF ORILLIA.ROAD SOUTH; BOUNDED ON THE SOUTH BY THE CENTERLINE • OF SOUTH.204Tw STREET, EXTENDED WESTERLY • TO ITS POINT OF. INTERSECTION WITH THE EXISTING EASTERLY CITY LIMITS OF THE CITY OF SEATAC; AND BOUNDED -ON THE WEST BY THE EXISTING EASTERLY 'CITY LIMITS • OF THE CITY OF SEATAC." .. ` 6q, "EXHIBIT B" (to resolution committing to initiate an annexation process...) THAT PORTION OF UNINCORPORATED KING COUNTY LYING SOUTH OF THE CITY OF TUKWILA DESCRIBED AS FOLLOWS: "THAT PORTION OF UNINCORPORATED KING COUNTY, WASHINGTON:, BOUNDED. ON THE NORTH BY THE EXISTING SOUTHERLY. CITY LIMITS . OF THE CITY OF TUKWILA RUNNING EASTERLY FROM THE VICINITY ..OF • • THE SOUTH 188Th STREET INTERCHANGE TO THE INTERSECTION OF THE CITY LIMITS WITH THE GREEN RIVER; • BOUNDED ON THE EAST BY THE GREEN RIVER; BOUNDED ON THE SOUTH . BY THE NORTH MARGIN OF SOUTH 204T" STREET; AND BOUNDED ON THE WEST BY THE WEST MARGIN OF ORILLIA ROAD SOUTH RUNNING NORTH TO THE INTERSECTION OF ORILLIA ROAD SOUTH WITH THE ' CITY . LIMITS OF THE CITY OF TUKWILA IN THE VICINITY OF THE SOUTH 188TH S 1 I I=ET INTERCHANGE." Gity of Tukwila 6200 Southcenter Boulevard • Tukwila, Washington 98188 Jim Haggerton, Mayor June 25, 2009 WA State Boundary Review Board for King County c/o Lenora Blauman, Executive Secretary Yesler Building, Room 240 400 Yesler Way Seattle, Washington 98104 RE: Advance Courtesy Notification of City of Tukwila Annexation Dear Board Members and Ms. Bauman, This is a Letter of Intent intended to provide an "Advance Courtesy Notification ". to the Boundary Review Board and staff members that the City of Tukwila will be submitting a Notice of Intention to annex approximately 259 acres. Enclosed with this Letter of Intent are a preliminary legal description and a preliminary site map /vicinity map. Description The City's Potential Annexation Area (PAA) is the area currently within King County, south of the current City limits, west of the Green River, north of S 204th Street, and east of I -5. The determination that this area is most appropriately located within the city limits of the City of Tukwila was made years ago in response to the Growth Management Act. The property to be annexed is the majority of the Potential Annexation Area. Of the approximately 259 acres in the annexation area, all but 2 or 3 acres are owned by one owner, La Pianta LLC. The annexation is one of a set of actions the City has taken to approve a 512 -acre development called "Tukwila South Project." At King County's urging, the City Council adopted Resolution 1561 on November 1, 2004 agreeing to begin the process and to annex the remainder of the Potential Annexation Area within three weeks after the Tukwila South/La Pianta annexation is complete. Phone: 206 - 433 -1800 • City Hall Fax: 206 - 433 -1833 • www.ci.tukwila.wa.us WA State Boundary Review Board June 25, 2009 Page 2 History On November 12, 2004, a Request for Annexation was received from La Pianta LLC. The Request was signed by owners of 10% of the value of the property included in the Request. Pursuant to RCW 35A.14.120, the City Council held a meeting with the signers to determine whether the Council would accept, reject or modify the proposed annexation and resolve other issues as required by state law. This Regular Meeting was held on January 18, 2005. The Council unanimously voted to accept the 10% Request as submitted, to authorize the circulation of the Petition for Annexation (60% Petition), and to require the following: 1. the simultaneous adoption of zoning regulations; and 2. the assumption of a proportionate share of existing city indebtedness by the area to be annexed. The signed Petition for Annexation was submitted to the City on June 10, 2009. The City Council held a public hearing on the annexation on June 8 and continued it to June 15, 2009. At the June 15 meeting, the Council deliberated and voted unanimously to adopt Ordinance 2241 approving the annexation. Please contact Lisa Verner, Tukwila South Project Manager, at 206 - 431 -3662 or lverner @ci.tukwila.wa.us if you have any questions concerning this annexation. We look forward to this area becoming part of the City of Tukwila. Sincerely, Rhonda Berry City Administrator uEI1' 1° ■ 11 : EXHIBIT A LEGAL DESCRIPTION OF THE ANNEXED PROPERTY PARCEL 352304 -9050: THAT PORTION OF GOVERNMENT LOT 7 IN SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., LYING NORTHWESTERLY OF COUNTY ROAD KNOWN AS 57TH AVENUE SOUTH; EXCEPT THAT PORTION THEREOF DESCRIBED AS FOLLOWS: BEGINNING AT AN IRON PIPE SET AT THE INTERSECTION OF THE NORTH LINE OF SAID GOVERNMENT LOT 7, WITH THE WEST LINE OF SAID COUNTY ROAD; THENCE WEST ALONG THE SAID NORTH LINE, 210 FEET, MORE OR LESS, TO AN IRON PIPE AT THE FOOT OF THE HILL; THENCE SOUTHERLY ALONG THE FOOT OF THE HILL 259 FEET, MORE OR LESS, TO AN IRON PIPE SET IN THE WESTERLY LINE OF THE SAID COUNTY ROAD; THENCE NORTHWESTERLY 313 FEET, MORE OR LESS, ALONG SAID COUNTY ROAD, TO THE TRUE POINT OF BEGINNING; SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON. PARCEL 352304 -9078: THAT PORTION OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST W.M., DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID SECTION 35; THENCE NORTH 05°44'13" EAST. ALONG THE .WESTERLY LIMIT OF SAID SECTION 833.82 FEET; THENCE SOUTH 87°57'17" EAST PARALLEL TO THE NORTH LINE OF SAID SUBDIVISION 433.99 FEET TO THE EASTERLY RIGHT - OF -WAY MARGIN OF PRIMARY STATE HIGHWAY NO. 1, SOUTH 188TH STREET INTERCHANGE, AND THE TRUE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE CONTINUING SOUTH 87 °57' 17" EAST 61.01 FEET; THENCE SOUTH 228.89 FEET TO A POINT ON SAID RIGHT -OF -WAY MARGIN OPPOSITE ENGINEER'S STATION JR 36 -00; THENCE SOUTH 82 °46'30" WEST 59.85 FEET; THENCE NORTH 07 °13'30" WEST 106.15 FEET; THENCE ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 315 FEET, AN ARC DISTANCE OF 134.83 FEET TO THE TRUE POINT OF BEGINNING; EXCEPT ANY PORTION, IF ANY, LYING WITHIN PRIMARY STATE HIGHWAY NO. 1 (SR5) (SOUTH 188TH STREET INTERCHANGE); SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 352304 -9041: THAT PORTION OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 'A AND OF GOVERNMENT LOT 7 IN SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE EASTERLY LINE OF THE COUNTY ROAD IN GOVERNMENT LOT 7 OF SAID SECTION, EXHIBIT A FROM WHICH POINT THE SOUTHWEST CORNER OF SAID SECTION 35, BEARS SOUTH 00° 56' 40" WEST 1,048.79 AND NORTH 89° 03' 20" WEST 1,656.75 FEET, MEASURED RESPECTIVELY AT RIGHT ANGLES TO AND ALONG THE SOUTH LINE OF SAID SECTION; THENCE SOUTH 08° 13' 05" EAST 36.70 FEET; THENCE SOUTH 19° 59' 25" WEST 520.10 FEET; THENCE SOUTH 73° 05' 40" EAST 233.32 FEET; THENCE NORTH 16° 29' 55" EAST 474.00 FEET; THENCE SOUTH 64° 17' 20" EAST 232 FEET, MORE OR LESS, TO THE BANK OF THE GREEN RIVER; THENCE SOUTHERLY AND EASTERLY, ALONG SAID RIVER BANK, TO THE SOUTH LINE OF SAID SECTION 30; THENCE NORTH 89° 03' 20" WEST ALONG SAID SOUTH LINE TO THE EASTERLY LINE OF SAID COUNTY ROAD; THENCE NORTHERLY FOLLOWING SAID ROAD LINE TO THE POINT OF BEGINNING; EXCEPT THAT PORTION DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID SECTION 35; THENCE SOUTH 87° 58' 28" EAST.1,312.95 FEET, ALONG THE SOUTH LINE THEREOF, TO A POINT ON THE EASTERLY LINE OF FRAGER ROAD (40.00 FEET WIDE); THENCE NORTH 01° 54' 58" WEST 145.53 FEET ALONG SAID LINE; THENCE ALONG THE CENTERLINE OF A 20.00 FOOT WIDE EASEMENT FOR PURPOSES OF INGRESS AND EGRESS, THE FOLLOWING COURSES AND DISTANCES: NORTH 88° 05' 02" EAST 131.00 FEET TO THE BEGINNING OF A 50.00 FOOT RADIUS CURVE TO THE LEFT; THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 62° 10' 00" AND AN ARC LENGTH OF 54.25 FEET; THENCE NORTH 25° 55' 02" EAST 13.34 FEET TO THE BEGINNING OF A 50.00 FOOT RADIUS CURVE TO THE RIGHT; THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 83° 13' 26" AND AN ARC LENGTH OF 44.41 FEET; THENCE SOUTH 70° 51' 32" EAST 121.13 FEET TO THE END OF SAID EASEMENT; THENCE SOUTH 19° 08' 28" WEST 10.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUE SOUTH 19° 08' 28" WEST 100.00 FEET; THENCE NORTH 70° 51' 32" WEST 100.00 FEET; THENCE NORTH 19° 08' 28" EAST 100.00 FEET; THENCE SOUTH 70° 51' 32" EAST 100.00 TO THE TRUE POINT OF BEGINNING; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 352304 -9117: THAT PORTION OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST W.M., DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID SECTION 35; THENCE SOUTH 87 °58'28" EAST 1,312.95 FEET, ALONG THE SOUTH LINE THEREOF, TO A POINT ON THE EASTERLY LINE OF FRAGER ROAD (40.00 FEET WIDE); THENCE NORTH 01 °54'58" WEST 145.53 FEET ALONG SAID LINE; THENCE ALONG THE CENTERLINE OF A 20.00 FOOT WIDE EASEMENT FOR PURPOSES OF INGRESS AND EGRESS THE FOLLOWING COURSES AND DISTANCES; NORTH 88 °05'02" EAST 131.00 FEET TO THE BEGINNING OF A 50.00 FOOT RADIUS CURVE TO THE LEFT; THENCE, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 62 °10'00" AND AN ARC LENGTH OF 54.25 FEET; THENCE NORTH 25 °55'02" EAST 13.34 FEET TO THE BEGINNING OF A 50.00 FOOT RADIUS CURVE TO THE RIGHT; THENCE, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 83 °13'26" AN ARC LENGTH OF 44.41 FEET;THENCE SOUTH 70 °51'32" EAST 121.13 FEET TO THE END OF SAID EASEMENT; THENCE SOUTH 19 °08'28" WEST 10.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUE SOUTH 19 °08'28" WEST 100.00 FEET; THENCE NORTH 70 °51'32" WEST 100.00 FEET; THENCE NORTH 19 °08'28" EAST 100.00 FEET; THENCE SOUTH 70 °51'32" EAST 100.00 FEET TO THE POINT OF BEGINNING; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 022204 -9037: THAT PORTION OF GOVERNMENT LOTS 10 AND 11 IN SECTION 2, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M.; DESCRIBED AS FOLLOWS: BEGINNING ON THE NORTH LINE OF SAID SECTION, AT A POINT SOUTH 89° 03' 20" EAST, 1,314.12 FEET FROM THE NORTHWEST CORNER THEREOF; THENCE SOUTH 77° 19' 20" EAST 269.06 FEET; THENCE SOUTH 15° 04' 10" WEST 311.46 FEET; THENCE SOUTH 88° 33' 10" WEST 198.77 FEET; THENCE NORTH 02° 41' 45" EAST 140.14 FEET; THENCE NORTH 72° 37' 15" WEST TO THE EAST LINE OF THE 40 FOOT COUNTY ROAD, AS ESTABLISHED AND USED ON APRIL 30, 1951 ` FRAGER ROAD'; THENCE NORTHERLY ALONG SAID EASTERLY ROAD LINE TO THE NORTH LINE OF SAID SECTION; THENCE EAST ALONG SAID NORTH SECTION LINE TO THE POINT OF BEGINNING; EXCEPT THAT PORTION THEREOF LYING SOUTHERLY AND EASTERLY OF THE FOLLOWING DESCRIBED LINE: BEGINNING ON THE EASTERLY LINE OF SAID TRACT, AT A POINT 164.83 FEET SOUTHERLY OF THE NORTHEAST CORNER THEREOF; THENCE NORTH 74° 01' 20" WEST 96.81 FEET; THENCE NORTH 67° 09' 20" WEST 131.54 FEET; THENCE SOUTH 05° 44' 15" WEST 225.46 FEET TO THE SOUTHERLY LINE OF SAID TRACT AND THE TERMINUS OF SAID LINE; AND EXCEPT THAT PORTION, IF ANY, LYING WITHIN FRAGER ROAD; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 022204 -9040: THAT PORTION OF GOVERNMENT LOTS 10 AND 11 IN SECTION 2, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTH LINE OF SAID SECTION, FROM WHICH POINT THE NORTHWEST CORNER THEREOF BEARS NORTH 89° 03' 20" WEST, A DISTANCE OF 1,314.12 FEET; THENCE SOUTH 77° 19' 20" EAST, 269.06 FEET; THENCE SOUTH 15° 04' 10" WEST, 164.83 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING SOUTH 15° 04' 10" WEST 146.63 FEET; THENCE SOUTH 88° 33' 10" WEST 198.77 FEET; THENCE NORTH 05° 44' 15" EAST 225.46 FEET; THENCE SOUTH 67° 09' 20" EAST, 131.54 FEET; THENCE SOUTH 74° 01' 20" EAST, 96.81 FEET TO THE TRUE POINT OF BEGINNING; EXCEPTING THEREFROM ANY PORTION OF FRAGER COUNTY ROAD, IF ANY, THAT LIES WITHIN THE LAND HEREINABOVE DESCRIBED; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 022204 -9033: THAT PORTION OF GOVERNMENTS LOTS 10 AND 11 IN SECTION 2, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE WEST LINE OF SAID SECTION 2, FROM WHICH THE NORTHWEST CORNER OF SAID SECTION BEARS NORTH 01° 55' 10" WEST, A DISTANCE OF 217.06 FEET; THENCE , ALONG SAID WEST LINE, SOUTH 01° 55' 10" EAST 343.94 FEET; THENCE NORTH 88° 04' 50" EAST, 181.50 FEET; THENCE SOUTH 01° 55' 10" EAST 347.90 FEET TO THE NORTH LINE OF THAT CERTAIN TRACT OF LAND CONVEYED TO JOSEPH GUNTER UNDER KING COUNTY RECORDING NO. 3526897; THENCE SOUTH 89° 38' 20" EAST, ALONG SAID NORTH LINE, AND THE SAME PRODUCED TO THE WESTERLY BANK OF GREEN RIVER; THENCE NORTHERLY AND EASTERLY, ALONG SAID RIVER BANK, TO THE NORTH LINE OF SAID SECTION 2; THENCE NORTH 89° 03' 20" WEST, ALONG SAID NORTH LINE, TO A POINT FROM WHICH THE NORTHWEST CORNER OF SAID SECTION BEARS NORTH 89° 03' 20" WEST, A DISTANCE OF 1,314.12 FEET; THENCE SOUTH 77° 19' 20" EAST, 269.06 FEET; THENCE SOUTH 15° 04' 10" WEST 311.46 FEET; THENCE SOUTH 88° 33' 10" WEST 198.77 FEET; THENCE NORTH 02 °41' 45" EAST 140.14 FEET; THENCE NORTH 72° 37' 15" WEST 373.20 FEET; THENCE SOUTH 57° 55' 05" WEST 320.85 FEET; THENCE SOUTH 73° 44' 00" WEST 208.18 FEET; THENCE SOUTH 17° 47' 50" WEST 250.67 FEET; THENCE NORTH 45° 27' 10" WEST 549.48 FEET, TO THE POINT OF BEGINNING; EXCEPT THAT PORTION THEREOF LYING WESTERLY OF THE EASTERLY MARGIN OF FRAGER ROAD; TOGETHER WITH THAT PORTION OF GOVERNMENT LOT 10 IN SECTION 2, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., LYING EASTERLY OF FRAGER ROAD, WESTERLY OF THE WESTERLY BANK OF THE GREEN RIVER, AND SOUTHERLY OF THE EASTERLY EXTENSION OF THE NORTH LINE OF THAT CERTAIN TRACT OF LAND CONVEYED TO JOSEPH GUNTER UNDER KING COUNTY RECORDING NO. 3526897; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 352304 -9016: THAT PORTION OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID SUBDIVISION; THENCE SOUTH 87 °59'06" EAST ALONG THE SOUTH LINE THEREOF 507.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 87 °59'06" EAST 328.00 FEET; THENCE NORTH 16 °56'40" EAST 262.12 FEET; THENCE NORTH 47 °11'37" WEST TO THE EASTERLY RIGHT -OF -WAY MARGIN OF: +PRIMARY STATE HIGHWAY NO. 1; THENCE SOUTHERLY ALONG SAID MARGIN TO A POINT AT ITS INTERSECTION WITH THE NORTHEASTERLY LINE OF THAT CERTAIN TRACT OF LAND PREVIOUSLY CONVEYED BY DEED RECORDED IN VOLUME 1522 OF DEEDS, PAGE 526, UNDER KING COUNTY RECORDING NO. 2722034; THENCE SOUTHEASTERLY ALONG THE NORTHEASTERLY LINE OF SAID TRACT TO THE TRUE POINT OF BEGINNING; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 022204 -9008: THAT PORTION OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 2, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., LYING EASTERLY OF THE EASTERLY RIGHT OF WAY MARGIN OF PRIMARY STATE HIGHWAY NO. 1, WESTERLY OF FRAGER ROAD (MESS COUNTY ROAD NO. 76), SOUTHERLY OF THE NORTH LINE OF SAID SECTION 2, AND NORTHERLY OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT THE NORTHWEST CORNER OF SAID SECTION 2; THENCE SOUTH 87° 59' 06" EAST, ALONG THE NORTH LINE OF SAID SECTION, TO THE WESTERLY MARGIN OF FRAGER ROAD (MESS COUNTY ROAD NO. 76); THENCE SOUTHERLY ALONG SAID MARGIN, SOUTH 01° 53' 23" EAST, 15.28 FEET; THENCE CONTINUING SOUTH ALONG SAID MARGIN, ALONG A CURVE TO THE RIGHT, HAVING A RADIUS OF 1,780.00 FEET, THROUGH A CENTRAL ANGLE OF 06° 10' 20 ", AN ARC DISTANCE OF 191.75 FEET TO THE TRUE POINT OF BEGINNING OF SAID LINE; THENCE NORTH 72° 37' 15" WEST 338.36 FEET; THENCE SOUTH 57° 55' 05" WEST 320.85 FEET; THENCE SOUTH 73° 44' 15" WEST 208.18 FEET; THENCE SOUTH 17° 47' 50" WEST 250.67 FEET; THENCE NORTH 45° 27' 10" WEST TO THE SOUTHEASTERLY RIGHT OF WAY MARGIN OF PRIMARY STATE HIGHWAY NO. 1, AND THE TERMINUS OF SAID LINE; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 352304 -9066: THAT PORTION OF THE SOUTHWEST 1/4 OF SOUTHWEST 1/4 OF SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING AT INTERSECTION OF EASTERLY MARGIN OF ORILLA COUNTY ROAD EXTENSION WITH SOUTH LINE OF SUBDIVISION; THENCE EAST ALONG SOUTH LINE 245 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING EAST ALONG SOUTH LINE TO A POINT 507 FEET EASTERLY OF SOUTHWEST CORNER OF SECTION; THENCE NORTH 26 °48'20" WEST TO NORTH LINE OF SOUTH 125 FEET OF SUBDIVISION; THENCE NORTH 87 °58'28" WEST 86 FEET, MORE OR LESS; THENCE SOUTH 15 °00'00' EAST TO BEGINNING; EXCEPT THAT PORTION LYING WITHIN PRIMARY STATE HIGHWAY NO. 1 (SR 5) (SOUTH 188TH STREET INTERCHANGE); SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 352304 -9065: THAT PORTION OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING AT INTERSECTION OF EASTERLY MARGIN OF ORILLA COUNTY ROAD EXTENSION WITH SOUTH LINE OF SUBDIVISION; THENCE SOUTH 87 °58'28" EAST 165 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 87 °58'28" EAST 80 FEET; THENCE NORTH 15 °00'00" WEST TO NORTH LINE OF SOUTH 125 FEET OF SAID SUBDIVISION; THENCE NORTH 87 °58'28" WEST 80 FEET; THENCE SOUTH 15 °00'00' EAST TO THE TRUE POINT OF BEGINNING; EXCEPT THAT PORTION LYING WITHIN PRIMARY STATE HIGHWAY NO. 1 (SR5) (SOUTH 188TH STREET INTERCHANGE); SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 022204 -9043: THAT PORTION OF GOVERNMENT LOT 10 IN SECTION 2, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTH LINE OF SAID SECTION 2, WHICH IS SOUTH 87° 59' 06" EAST 835.00 FEET FROM THE NORTHWEST CORNER OF SAID SECTION 2; THENCE SOUTH 42° 48' 17" EAST 165.27 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 57° 55' 05" WEST 320.85 FEET; THENCE SOUTH 73° 44' 15" WEST 208.18 FEET; THENCE SOUTH 17° 47' 50" WEST 250.67 FEET; THENCE SOUTH 45° 27' 10" EAST 216.97 FEET; THENCE SOUTH 31° 12' 21" WEST 731.63 FEET; THENCE SOUTH 88° 43' 44" EAST 896.82 FEET TO THE WESTERLY MARGIN OF MESS COUNTY ROAD NO. 76 (FRAGER ROAD) AND A POINT ON THE ARC OF A CURVE, FROM WHICH THE RADIUS POINT BEARS NORTH 74° 07' 22" WEST, A DISTANCE OF 710.00 FEET; THENCE NORTHEASTERLY ALONG SAID WESTERLY MARGIN, ALONG A CURVE TO THE LEFT, THROUGH A CENTRAL ANGLE OF 01° 58' 59 ", HAVING A RADIUS OF 710.00 FEET, AN ARC DISTANCE FO 24.57 FEET; THENCE NORTH 13° 53' 39" EAST 353.86 FEET TO A POINT ON A CURVE TO THE LEFT, HAVING A RADIUS OF 1,090.00 FEET, THROUGH A CENTRAL ANGLE OF 06° 30' 49 ", AN ARC DISTANCE OF 123.92 FEET; THENCE NORTH 07° 22' 50" EAST 584.35 FEET TO A POINT OF CURVE; THENCE ALONG A CURVE TO THE LEFT, HAVING A RADIUS OF 1,780.00 FEET, THROUGH A CENTRAL ANGLE OF 03° 05' 53 ", AN ARC DISTANCE FO 96.25 FEET; THENCE NORTH 72° 37' 15" WEST 338.36 FEET TO THE TRUE POINT OF BEGINNING; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 022204 -9057: THAT PORTION OF GOVERNMENT LOT 10 IN THE NORTHWEST 'A OF THE NORTHWEST'' / OF SECTION 2, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., BEING MORE PARTICULARILY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID SECTION 2; THENCE SOUTH 01° 09' 08" EAST 217.06, ALONG THE WEST LINE OF SECTION 2, TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 45° 27' 10" EAST 766.45 FEET; THENCE SOUTH 31° 12' 21" WEST 731.63 FEET; THENCE SOUTH 88° 45' 19" EAST 896.82 FEET TO THE WEST MARGIN OF FRAGER ROAD; THENCE SOUTHERLY ALONG SAID WEST MARGIN OF FRAGER ROAD, TO THE SOUTH LINE OF SAID NORTHWEST 1/4 OF THE NORTHWEST 1/4; THENCE WEST ALONG SAID SOUTH LINE TO THE WEST LINE OF SAID NORTHWEST 1/4 OF THE NORTHWEST '/4; THENCE NORTH ALONG SAID WEST LINE TO THE TRUE POINT OF BEGINNING; EXCEPT THAT PORTION THEREOF, DESCRIBED AS: BEGINNING AT THE NORTHWEST CORNER OF SAID SECTION 2, PROCEED SOUTH 01° 09' 08" EAST 1,392.41, ALONG THE WEST LINE OF SECTION 2, TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 88° 45' 19" EAST 145.55 FEET TO THE SOUTHWEST CORNER OF THE M. A. SEGALE PROPERTY AS SHOWN ON THE RECORDED SURVEY NO. 7707280568, FILED IN VOLUME 4 OF SURVEYS, PAGE 239, RECORDS OF KING COUNTY; THENCE SOUTH 11° 41' 30" WEST 352.30;THENCE SOUTH 78° 09' 50" WEST 236.01 FEET; THENCE NORTH 29° 00' 00" WEST 99.12 FEET; THENCE NORTH 11° 26' 35" EAST 51.27 FEET; THENCE NORTH 36° 52' 33" EAST 324.55 FEET TO THE TRUE POINT OF BEGINNING; AND EXCEPT THAT PORTION THEREOF, DESCRIBED AS FOLLOWS: BEGINNING ON THE WEST LINE OF SAID SECTION 2, AT A POINT SOUTH 01° 55' 10" EAST 812.83 FEET FROM THE NORTHWEST CORNER THEREOF; THENCE NORTH 37° 42' 25" EAST 12.78 FEET; THENCE SOUTH 42° 49' 45" EAST 193.04 FEET; THENCE SOUTH 30° 11' 35 "- WEST 85.52 FEET; THENCE NORTH 58° 59' 10" WEST 104.89 FEET TO THE WEST LINE OF SAID SECTION 2; THENCE NORTH 01° 55' 10" WEST 150.65 FEET TO THE POINT OF BEGINNING; AND EXCEPT THAT PORTION WITHIN PRIMARY STATE HIGHWAY NO. 1 (INTERSTATE HIGHWAY NO. 5); SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 032204 -9047: THAT PORTION OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 IN SECTION 3, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., LYING SOUTHEASTERLY OF ORILLIA ROAD EXTENSION COUNTY ROAD AND PRIMARY STATE HIGHWAY NO. 1 (INTERSTATE 5); EXCEPT THAT PORTION THEREOF LYING WITHIN THE FOLLOWING DESCRIBED TRACT: BEGINNING AT THE NORTHWEST CORNER OF SECTION 2 IN SAID TOWNSHIP 22 NORTH; THENCE PROCEED SOUTH 01° 09' 08" EAST, 1,392.41 FEET ALONG THE WEST LINE OF SAID SECTION 2, TO THE POINT OF BEGINNING; THENCE SOUTH 88° 45' 19" EAST 145.55 FEET TO THE SOUTHWEST CORNER OF THE M.A. SEGALE PROPERTY AS SHOWN ON THE RECORDED SURVEY NO. 7707280568, FILED IN VOLUME 4 OF SURVEYS, PAGE 239, RECORDS OF KING COUNTY; THENCE SOUTH 11° 41' 30" WEST 352.30 FEET; THENCE SOUTH 78° 09' 50" WEST 236.01 FEET; THENCE NORTH -29° 00' 00" WEST 99.12 FEET; THENCE NORTH 11° 26' 35" EAST 51.27 FEET; THENCE NORTH 36° 52' 33" EAST 324.55 FEET TO THE POINT OF BEGINNING; AND EXCEPT THAT PORTION THEREOF CONVEYED TO KING COUNTY BY DEED RECORDED UNDER RECORDING NO. 6013508; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 032204 -9106: A PORTION OF THE WEST '/2 OF THE NORTHWEST `/4 OF SECTION 2 AND THE EAST '/z OF THE NORTHEAST 1/4 OF SECTION 3, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., BEING MORE PARTICULARILY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID SECTION 2, PROCEED SOUTH 01° 09' 08" EAST 1,392.41, ALONG THE WEST LINE OF SECTION 2, TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 88° 45' 19" EAST 145.55 FEET TO THE SOUTHWEST CORNER OF THE M. A. SEGALE PROPERTY AS SHOWN ON THE RECORDED SURVEY NO. 7707280568, FILED IN VOLUME 4 OF SURVEYS, PAGE 239, RECORDS OF KING COUNTY;THENCE SOUTH 11° 41' 30" WEST 352.30;THENCE SOUTH 78° 09' 50" WEST 236.01 FEET; THENCE NORTH 29° 00' 00" WEST 99.12 FEET; THENCE NORTH 11° 26' 35" EAST 51.27 FEET; THENCE NORTH 36° 52' 33" EAST 324.55 FEET TO THE TRUE POINT OF BEGINNING; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 023900 -0352: THAT PORTION OF GOVERNMENT LOT 6 IN SECTION 3, TOWNSHIP 22. NORTH, RANGE 4 EAST, W.M., LYING EASTERLY OF ORILLIA ROAD SOUTH AS CONVEYED BY DEED RECORDED UNDER RECORDING NO. 6016781, AND NORTH OF SOUTH 200TH STREET; EXCEPT THAT PORTION THEREOF CONDEMNED IN KING COUNTY SUPERIOR COURT CAUSE NO. 98- 2- 18787 -5 KNT; (BEING ALSO KNOWN AS A PORTION OF LOTS 105 AND 106 IN ANGLE LAKE SHORE ACRES DIVISION 2 UNRECORDED); SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 032204 -9100: THE WEST 37 RODS (610.5 FEET) OF THE SOUTHEAST VI OF THE NORTHEAST 1/4 OF SECTION 3, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M.; EXCEPT THOSE PORTIONS THEREOF CONVEYED TO KING COUNTY FOR ROAD PURPOSES BY DEEDS RECORDED UNDER RECORDING NOS. 1168064, 2751663, AND 6016780; AND EXCEPT THAT PORTION CONVEYED TO THE STATE OF WASHINGTON FOR PRIMARY STATE HIGHWAY NO. 1, BY DEED RECORDED UNDER RECORDING NO. 5191889; AND EXCEPT THAT PORTION LYING NORTHWESTERLY OF 51ST PLACE SOUTH (ORILLIA ROAD SOUTH); AND EXCEPT THAT PORTION CONDEMNED BY THE CITY OF KENT, FOR RIGHT OF WAY IN KING COUNTY SUPERIOR COURT CAUSE NO. 98 -2- 18787 -5 KNT; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 032204 -9006: THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF SECTION 3, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M.; EXCEPT THE WEST 610.50 FEET CONVEYED TO THE SEATTLE AND WALLA RAILROAD AND TRANSPORTATION COMPANY BY DEED RECORDED UNDER VOLUME 9 OF DEEDS, PAGE 42; AND EXCEPT THE WEST 160 FEET OF THE EAST 709.5 FEET OF THE SOUTH 240 FEET OF SAID SUBDIVISION; AND EXCEPT THAT PORTION THEREOF LYING WITHIN THE FOLLOWING DESCRIBED TRACT, TO -WIT: BEGINNING AT THE NORTHWEST CORNER OF SECTION 2 IN SAID TOWNSHIP 22 NORTH, PROCEED SOUTH 01° 09' 08" EAST 1,392.41, ALONG THE WEST LINE OF SAID SECTION 2, TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 88° 45' 19" EAST 145.55 FEET TO THE SOUTHWEST CORNER OF THE M. A. SEGALE PROPERTY AS SHOWN ON THE RECORDED SURVEY NO. 7707280568, FILED IN VOLUME 4 OF SURVEYS, PAGE 239, RECORDS OF KING COUNTY; THENCE SOUTH 11° 41' 30" WEST 352.30; THENCE SOUTH 78° 09' 50" WEST 236.01 FEET; THENCE NORTH 29° 00' 00" WEST 99.12 FEET; THENCE NORTH 11° 26' 35" EAST 51.27 FEET; THENCE NORTH 36° 52' 33" EAST 324.55 FEET TO THE TRUE POINT OF BEGINNING; AND EXCEPT COUNTY ROAD (SOUTH 200TH STREET); AND EXCEPT THAT PORTION THEREOF CONVEYED TO THE CITY OF KENT FOR ROAD RIGHT - OF -WAYS AND STORM WATER RIGHT -OF -WAYS AND STORM WATER RIGHT -OF -WAY BY DEED RECORDED UNDER KING COUNTY RECORDING NO. 9705281237; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 032204 -9090: THE WEST 160 FEET OF THE EAST 709.5 FEET OF THE SOUTH 240 FEET OF THE SOUTHEAST 1/4 OF THE NORTHEAST'' /4 OF SECTION 3, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M.; EXCEPT THE WEST 20 FEET THEREOF; AND EXCEPT ANY PORTION OF THE COUNTY ROAD, IF ANY, THAT LIES WITHIN THE LAND HEREINABOVE DESCRIBED; AND EXCEPT THAT PORTION THEREOF CONVEYED TO THE CITY OF KENT FOR ROAD RIGHT -OF -WAYS BY DEED RECORDED UNDER KING COUNTY RECORDING NO. 9705281237; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 022204 -9011: THAT PORTION OF GOVERNMENT LOT 9 IN SECTION 2, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., LYING EASTERLY OF A LINE DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE WEST LINE OF SAID SECTION 2, AT A POINT 1392.41 FEET SOUTH OF THE NORTHWEST CORNER THEREOF; THENCE SOUTH 88° 45' 19" EAST 145.55 FEET TO THE SOUTHWEST CORNER OF THE M. A. SEGALE PROPERTY, AS SHOWN ON THE RECORDED SURVEY UNDER KING COUNTY RECORDING NO. 7707280568 (VOLUME 4 OF SURVEYS, PAGE 239) AND THE COMMENCEMENT OF SAID LINE; THENCE SOUTH 11° 41' 30" WEST 352.30 FEET; THENCE SOUTH 78° 09' 50" WEST 68.29 FEET TO INTERSECTION WITH THE WEST LINE OF SAID SECTION 2 AND THE TERMINUS OF SAID LINE; EXCEPT THAT PORTION THEREOF DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF THE SOUTHWEST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION; THENCE NORTH 89° 16' 32" WEST ALONG THE EAST - WEST CENTERLINE OF SAID SECTION, 458.30 FEET; THENCE NORTH 02° 40' 47" EAST 53.72 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTH 02° 40' 47" EAST 68.04 FEET; THENCE NORTH 20° 24' 53" EAST 88.72 FEET; THENCE NORTH 49° 07' 02" EAST 82.00 FEET TO THE INTERSECTION WITH THE SOUTHWESTERLY MARGIN OF FRAGER ROAD; THENCE SOUTH 40° 52' 58" EAST, ALONG SAID SOUTHWESTERLY MARGIN, 117.97 FEET TO A POINT ON A CURVE FROM WHICH THE RADIAL CENTER BEARS SOUTH 49° 07' 02" WEST 798.51 FEET; THENCE SOUTHEASTERLY ALONG AN ARC OF SAID CURVE, CONCAVE TO THE SOUTHWEST, 93.58 FEET TO A POINT ON A NON - TANGENT CURVE FROM WHICH RADIAL CENTER BEARS SOUTH 84° 31' 00" WEST 40.00 FEET; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE, CONCAVE TO THE NORTHWEST, 67.17 FEET; THENCE NORTH 89° 16' 32" WEST 190.00 FEET TO THE TRUE POINT OF BEGINNING; AND EXCEPT ROADS; AND EXCEPT THAT PORTION THEREOF CONVEYED TO THE CITY OF KENT FOR ROAD RIGHT - OF -WAY AND STORM WATER RIGHT -OF WAY BY DEED RECORDED UNDER KING COUNTY RECORDING NO. 9705281237; AND EXCEPT THAT PORTION THEREOF CONVEYED TO THE CITY OF KENT FOR FRAGER ROAD RIGHT -OF- WAY BY DEED RECORDED UNDER RECORDING NO. 9705281238; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 022204 -9015: GOVERNMENT LOT 8 IN SECTION 2, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M.; EXCEPT THE SOUTH 40 FEET THEREOF TO KING COUNTY FOR ROADWAY AS RECORDED UNDER RECORDING NO. 258128; AND EXCEPT THE NORTH 22.8 FEET THEREOF TO KING COUNTY FOR ROADWAY AS RECORDED UNDER RECORDING NO. 1731274; AND EXCEPT THOSE PORTIONS THEREOF CONDEMNED UNDER KING COUNTY SUPERIOR COURT CAUSE NO. 47302 FOR DRAINAGE DITCHES BY THE BOARD OF COMMISSIONERS OF DRAINAGE DISTRICT NO. 2 OF KING COUNTY, WASHINGTON; AND EXCEPT THAT PORTION THEREOF CONVEYED TO THE CITY;OF KENT BY DEED RECORDED UNDER RECORDING NO. 9705231403; TOGETHER WITH THAT PORTION OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 3, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID SOUTHEAST 1/4 OF SECTION 3, (SAID POINT ALSO BEING THE NORTHWEST CORNER OF GOVERNMENT LOT 8 IN SECTION 2, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M.); THENCE SOUTH 00 °30'45" EAST ALONG THE EAST LINE OF SAID SOUTHEAST 1/4 OF SECTION 3, A DISTANCE OF 22.8 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 89 °54'02" WEST ALONG A LINE 22.8 FEET SOUTH OF AND PARALLEL TO THE EAST -WEST CENTER LINE OF SAID SECTION 3, A DISTANCE OF 711.96 FEET; THENCE SOUTH 00 °25'36" EAST, A DISTANCE OF 1,264.25 FEET TO APOINT 40 FEET NORTH OF THE SOUTH LINE OF SAID NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 3; THENCE NORTH 89 °40'00" EAST ALONG A LINE 40 FEET NORTH OF AND PARALLEL TO THE SOUTH LINE OF SAID NORTHEAST 1/4 OF THE SOUTHEAST 1/4, A DISTANCE OF 713.84 FEET TO THE EAST LINE OF SAID SOUTHEAST 1/4 OF SECTION 3; THENCE NORTH 00 °30'45" WEST ALONG SAID EAST LINE, A DISTANCE OF 1,262.59 FEET TO THE TRUE POINT OF BEGINNING; EXCEPT THOSE PORTIONS THEREOF CONDEMNED UNDER KING COUNTY SUPERIOR COURT CAUSE NO. 47302 FOR DRAINAGE DITCHES BY THE BOARD OF COMMISSIONERS OF DRAINAGE DISTRICT NO. 2 OF KING COUNTY, WASHINGTON; AND EXCEPT THAT PORTION THEREOF _ CONVEYED TO THE CITY OF KENT BY DEED RECORDED UNDER RECORDING NO. 9705231403; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 032204 -9092: THAT PORTION OF THE SOUTHEAST 1/4 OF SECTION 3, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING AT THE EAST QUARTER CORNER OF SAID SECTION 3, TURNING THENCE SOUTH 89° 11' 06" WEST ALONG THE NORTH LINE OF THE SOUTHEAST Y4 OF SAID SECTION 3, A DISTANCE OF 723.80 FEET; THENCE SOUTH 01° 11'00" EAST 30 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 01° 11' 00" EAST 300 FEET; THENCE SOUTH 89° 11' 06" WEST, PARALLEL WITH SAID NORTH LINE, 220 FEET; THENCE NORTH 01° 11' 00" WEST 300 FEET TO THE SOUTH LINE OF THE NORTH 30 FEET OF SAID SOUTHEAST 1/4; THENCE NORTH 89° 11' 06" EAST 220 FEET TO THE TRUE POINT OF BEGINNING; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 032204 -9093: THAT PORTION OF SOUTHEAST 1/4 OF SECTION 3, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING AT A POINT 30 FEET SOUTH AND 723.80 FEET WEST OF THE NORTHEAST CORNER OF SOUTHEAST 1/4; THENCE SOUTH TO THE NORTH LINE OF SOUTH 204TH STREET; THENCE WEST 746 FEET; THENCE NORTH TO A POINT 527.5 FEET SOUTH OF THE NORTH LINE; THENCE WEST TO ORILLIA ROAD SOUTH; THENCE NORTHERLY ALONG ROAD TO A POINT 30 FEET SOUTH OF THE NORTH LINE OF SOUTHEAST 1/4; THENCE EAST TO BEGINNING; EXCEPT THE NORTH 300 FEET OF THE EAST 220 FEET THEREOF, AND EXCEPT THAT PORTION, BEGINNING 398.4 FEET NORTH OF THE SOUTHWEST CORNER THEREOF;THENCE NORTH 424.1 FEET; THENCE EAST 150 FEET; THENCE SOUTH 424.1 FEET; THENCE WEST 150 FEET TO BEGINNING, AND EXCEPT THAT PORTION, BEGINNING 1,565.30 FEET WEST AND 385.52 FEET SOUTH OF THE NORTHEAST CORNER OF SAID SUBDIVISION; THENCE NORTH 89 °11'06" EAST 120 FEET; THENCE NORTHEASTERLY 138 FEET TO A POINT 284 FEET SOUTH AND 1,340.72 FEET WEST OF THE NORTHEAST CORNER OF SAID SUBDIVISION; THENCE NORTH 01 °11'00" WEST 284 FEET; THENCE WEST TO THE EASTERLY LINE OF ORILLIA ROAD SOUTH; THENCE SOUTHERLY ALONG ROAD TO A POINT NORTH OF BEGINNING; THENCE SOUTH TO BEGINNING; AND EXCEPT ROAD; AND EXCEPT DITCH; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 032204 -9056: THE NORTHEASTERLY 424.1 FEET OF THE SOUTHERLY 822.5 FEET OF THE WEST 150 FEET OF THAT PORTION OF THE SOUTHEAST ' OF SECTION 3, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT WHICH IS 412.5 FEET SOUTH AND 1,930.5 FEET EAST FROM THE NORTHWEST CORNER OF THE SOUTHEAST' OF SAID SECTION 3; THENCE SOUTH 875 FEET, MORE OR LESS, TO THE NORTH MARGINAL LINE OF THE ROAD; THENCE WEST 746 FEET; THENCE NORTH 875 FEET, MORE OR LESS, TO A POINT WHICH IS WEST OF THE POINT OF BEGINNING; THENCE EAST 746 FEET TO THE POINT OF BEGINNING; TOGETHER WITH AN EASEMENT FOR INGRESS AND EGRESS OVER A STRIP OF LAND 30 FEET IN WIDTH, THE CENTERLINE DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTH LINE OF THE ABOVE DESCRIBED MAIN TRACT WHICH IS 527.5 FEET SOUTH AND 1,184.5 FEET EAST OF THE NORTHWEST CORNER OF THE SOUTHEAST' OF SAID SECTION 3;THENCE WEST 226 FEET TO THE EASTERLY MARGIN OF 51ST PLACE SOUTH "ORILLA ROAD SOUTH" AND THE TERMINUS OF SAID LINE; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 032204 -9052: THAT PORTION OF THE NORTH HALF OF THE SOUTHEAST 1/4 OF SECTION 3, TOWNSHIP 22 NORTH, RANGE 4 EAST, W. M., DESCRIBED AS FOLLOWS: BEGINNING AT A POINT SOUTH 89° 11' 16" WEST 1,565.30 FEET AND SOUTH 01° 11' 00" EAST 385.52 FEET,OF THE EAST QUARTER CORNER; THENCE NORTH 01° 11' 00" WEST 171 01 FEET; THENCE NORTH 10° 39' 06" EAST 137.87 FEET; THENCE NORTH 46° 52' 13" EAST 73.354 FEET; THENCE NORTH 89° 11' 06" EAST 144 FEET, MORE OR LESS, TO A POINT WHICH IS SOUTH 89° 11' 06" WEST 1,340.72 FEET AND SOUTH 01° 11' 00" EAST 30 FEET FROM EAST QUARTER CORNER; THENCE SOUTH 01° 11' 00" EAST 254 FEET; THENCE SOUTHWESTERLY 138 FEET TO A POINT 120 FEET EAST OF THE POINT OF BEGINNING; THENCE SOUTH 89° 11' 06" WEST 120 FEET TO THE POINT OF BEGINNING; EXCEPT PORTION FOR ORILLIA ROAD AND SOUTH 200TH STREET AS DEEDED, CONDEMNED, OR ESTABLISHED BY EASEMENT AS OF AUGUST 1, 1999; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 022204 -9036: THAT PORTION OF GOVERNMENT LOT 10 IN SECTION 2, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING ON THE WEST LINE OF SAID SECTION AT A POINT SOUTH 01° 55' 10" EAST 812.83 FEET FROM THE NORTHWEST CORNER THEREOF; THENCE NORTH 37° 42' 25" EAST 12.78 FEET; THENCE SOUTH 42° 49' 45" EAST 193.04 FEET; THENCE SOUTH 30° 11' 35" WEST 85.52 FEET; THENCE NORTH 58° 59' 10" WET 104.89 FEET TO THE WEST LINE OF SAID SECTION 2; THENCE NORTH 01° 55' 10" WEST 150.65 FEET TO THE POINT OF BEGINNING; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 022204 -9061 BEGINNING AT THE SOUTHEAST CORNER OF THE SOUTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 2, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M.; THENCE NORTH 89 °16'32" WEST, ALONG THE EAST -WEST CENTERLINE OF SAID SECTION, 458.30 FEET; THENCE NORTH 02 °40'47" EAST 53.72 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING NORTH 02 °40'47" EAST 68.04 FEET; THENCE NORTH 20 °24'53" EAST 88.72 FEET; THENCE NORTH 49 °07'02" EAST 82.00 FEET TO AN INTERSECTION WITH THE SOUTHWESTERLY MARGIN OF FRAGER ROAD; THENCE SOUTH 40 °52'58" EAST, ALONG SAID SOUTHWESTERLY MARGIN, 117.97 FEET TO A POINT ON A CURVE FROM WHICH THE RADIAL CENTER BEARS SOUTH 49 °07'02" WEST 798.51 FEET; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE CONCAVE TO THE SOUTHWEST 93.58 FEET TO A POINT ON A NON - TANGENT CURVE FROM WHICH THE RADIAL CENTER BEARS SOUTH 84 °31'00" WEST 40.00 FEET; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE CONCAVE TO THE NORTHWEST, 67.17 FEET; THENCE NORTH 89 °16'32" WEST 190.00 FEET TO THE POINT OF BEGINNING; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 032204 -9049 THOSE CERTAIN 30 AND 40 FOOT STRIP(S) LYING WITHIN THE SOUTHEAST 1/4 OF SECTION 3, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., AS CONDEMNED ON OCTOBER 7, 1905, FOR DRAINAGE DITCH RIGHT -OF -WAY, FOR THE BENEFIT OF DRAINAGE DISTRICT NO. 2 OF KING COUNTY, IN KING COUNTY SUPERIOR COURT CAUSE NO. 47302; SITUATE IN THE CITY OF KENT, COUNTY OF KING, STATE OF WASHINGTON. PARCEL 032204 -9062: PARCEL A: THAT PORTION OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 3, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING AT AN IRON PIPE MARKING THE SOUTHEAST CORNER OF SAID SECTION 3, SAID PIPE BEING 335.00 FEET EASTERLY FROM A CONCRETE MONUMENT; THENCE NORTH, ALONG THE EAST LINE OF SAID SECTION 3, 2,139.83 FEET; THENCE WEST, AT RIGHT ANGLES TO SAID EAST LINE, 1,472.93 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 88 °57'43" WEST, 234.57 FEET; THENCE SOUTH 27 °37'40" WEST, 264.86 FEET; THENCE SOUTH 48 °11'25" WEST, 269.46 FEET; THENCE SOUTH 51°58'10" EAST, 310.00 FEET, MORE OR LESS, TO THE INTERSECTION WITH THE NORTHERLY LINE OF A COUNTY ROAD (ALLEN CLARK ROAD NO. 665); THENCE EASTERLY, SOUTHERLY, EASTERLY ALONG NORTHERLY, EASTERLY AND NORTHERLY LINE OF SAID COUNTY ROAD, TO A POINT, WHICH BEARS SOUTH 0 °13'04" WEST FROM THE TRUE POINT OF BEGINNING; THENCE NORTH 0 °13'04" EAST, 760.00 FEET, MORE OR LESS, TO THE TRUE POINT OF BEGINNING; EXCEPT THAT PORTION THEREOF CONDEMNED FOR ROAD IN KING COUNTY SUPERIOR COURT CAUSE NO. 653033; ALSO EXCEPT THAT PORTION THEREOF CONVEYED TO THE COUNTY OF KING FOR ORILLIA ROAD SOUTH BY DEED RECORDED UNDER RECORDING NO. 5975360; ALSO EXCEPT THAT PORTION THEREOF, LYING EAST OF A LINE 1,184.50 FEET EAST OF AND PARALLEL WITH THE WEST LINE OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 3; ALSO EXCEPT THAT PORTION THEREOF, LYING NORTH OF A LINE 412.50 FEET SOUTH OF AND PARALLEL WITH THE NORTH LINE OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 3; AND EXCEPT THAT PORTION THEREOF, LYING SOUTH OF THE NORTH LINE OF SOUTH 204TH STREET (ALLEN CLARK ROAD NO. 665); TOGETHER WITH THAT PORTION OF VACATED SOUTH 204TH STREET ADJOINING, PURSUANT TO KING COUNTY ORDINANCE 3430, AS RECORDED UNDER RECORDING NO. 7710120661, RECORDS OF KING COUNTY, AS WOULD ATTACHED TO SAID PROPERTY BY OPERATION OF LAW; PARCEL B: THAT PORTION OF THE NORTHWEST QUARTER OF' THE SOUTHEAST QUARTER OF SECTION 3, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., LYING SOUTHERLY OF A TRACT OF LAND DEEDED TO CHARLES N. ANDERSON AND LOUISE ANNA ANDERSON RECORDED UNDER RECORDING NO. 4738153, EASTERLY OF ORILLIA ROAD AND WESTERLY OF SOUTH 204TH STREET (ALLEN CLARK ROAD NO. 665); EXCEPT THAT PORTION THEREOF CONDEMNED FOR ROAD IN KING COUNTY SUPERIOR COURT CAUSE NO. 653033; ALSO EXCEPT THAT PORTION THEREOF CONVEYED TO THE COUNTY OF KING FOR ORILLIA ROAD SOUTH BY DEED RECORDED UNDER RECORDING NO. 5975360; AND EXCEPT THAT PORTION THEREOF, LYING SOUTH OF THE NORTH LINE OF SOUTH 204TH STREET (ALLEN CLARK ROAD NO. 665); SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. 0 IIJIHX3 Property Owner La Pianta LLC La Pianta LLC La Pianta LLC La Pianta LLC La Pianta LLC La Pianta LLC La Pianta LLC La Pianta LLC La Pianta LLC La Pianta LLC La Pianta LLC La Pianta LLC La Pianta LLC La Pianta LLC La Pianta LLC La Pianta LLC La Pianta LLC La Pianta LLC La Pianta LLC La Pianta LLC La Pianta LLC La Pianta LLC La Pianta LLC La Pianta LLC La Pianta LLC Tukwila Historical Society King County King Co. Drainage Dist. 2 La Pianta LLC Tukwila South Annexation Area Parcel List - EXHIBIT D Parcel Identifier 3523049050 3523049078 3523049041 3523049117 0222049037 0222049040 0222049033 3523049016 0222049008 3523049066 3523049065 0222049043 0222049057 0322049047 0322049106 0239000352 0322049100 0322049006 0322049090 0222049011 0222049015 0322049092 0322049093 0322049056 0322049052 0222049036 0222049061 0322049049 0322049062 Tukwila South Annexation Petition June 10, 2009 Total: Area Area Map (SF) (Acres) Parcel No. Jurisdiction 11,848 0.27 124 Tuk. & King Co. 13,503 0.31 128 King County 1,126,897 25.87 129 King County 10,000 0.23 130 King County 37,633 0.86 131 King County 37,296 0.86 132 King County 649,915 14.92 133 King County 175,111 4.02 135 King County 264,844 6.08 136 King County 12,632 0.29 137 King County 23,087 0.53 138 King County 905,612 20.79 139 King County 382,456 8.78 140 King. County 520,106 11.94 141 King County 87,120 2.00 142 King County 114,747 2.63 143 King County 648,173 14.88 144 King County 841,143 19.31 145 King County 23,240 0.53 146 King County 1,176,991 27.02 147 King County • 2,112,224 48.49 148 King County 66,211 1.52 149 King County 801,068 18.39 150 King County 63,597 1.46 151 King County 53,143 1.22 234 King County 15,900 0.37 309 King County 31,477 0:72 310 Kent & King Co. 29,911 0.69 311 King County 357.627 8.21 312 King County 10,593,512 243.19 S -T -R 35 -23 -4 EWM 35 -23-4 EWM 35 -23-4 EWM 35 -23 -4 EWM 2 -22 -4 EWM 2 -22 -4 EWM 2 -22 -4 EWM 35 -23-4 EWM 2 -22 -4 EWM 35 -23-4 EWM 35 -23 -4 EWM 2 -22-4 EWM 2 -22-4 EWM 3 -22 -4 EWM 2 &3 -22-4 EWM 3 -22-4 EWM 3 -22 -4 EWM 3 -22-4 EWM 3 -22-4 EWM 2 -22-4 EWM 2 &3 -22 -4 EWM 3 -22-4 EWM 3 -22-4 EWM 3 -22-4 EWM 3 -22-4 EWM 2 -22 -4 EWM 2 -22 -4 EWM 2 &3 -22 -4 EWM 3 -22 -4 EWM Assessed Value $29,600 * $700 $901,500 $7,500 $316,000 $74,500 $519,900 $4,000 $161,000 $700 $100 $1,811,200 $133,800 $260,000 $174,200 $69,000 $281,000 $420,500 $34,800 $882,700 $1,584,100 $73,000 $266,000 $42,000 $75,000 $2,000 $31,400 $200 $475,000 $8,631,400 ** Total Value of All Parcels: Total Value of All La Pianta Parcels: La Pianta Percentage of Total Value: * TOTAL ASSESSED VALUE OF TAX LOT: $148,100. EST. 4/5 OF TAX LOT IN TUKWILA & 1/5 IN KING COUNTY. ** TOTAL ASSESSED VALUEOF TAX LOT: $300. EST. 1/3 OF TAX LOT IN KENT & 2/3 IN KING COUNTY. Total Area Being Annexed to the City Frager Road: S. 200th Street Orillia Road (3300'x60' est.): Total Area of Above Parcels (SF): Total Area (SF): Total Area (Acres): Tukwila South Annexation Petition June 10, 2009 198,084 SF 334,105 SF 198,000 SF 10,593,512 SF 11,323,701 SF 259.96 Acres $8,631,400 $8,597,800 99.61% City of Tukwila 6200 Southcenter Boulevard • Tukwila, Washington 98188 Jim Haggerton, Mayor FZ C EN7-7„.„, 'JUN 2 3 2009 COMMUNITY DEVELOPMENT June 23, 2009 KING COUNTY DEPARTMENT OF ASSESSMENTS ATTN: HAZEL GANTZ 500 Fourth Avenue, 7TH Floor Seattle, WA 98104 RE: CERTIFIED COPY OF TUKWILA ORDINANCE #2241 ANNEXING PROPERTY KNOWN AS THE "TUKWILA SOUTH PROJECT PROPERTY" Enclosed please find a certified copy of Ordinance #2241, adopted by the Tukwila City Council on June 15, 2009, regarding the annexation of approximately 259 acres known as the "Tukwila South Project Property." Per RCW 35A.14.140, a certified copy of the ordinance needs to be filed with the King County Assessor to review sufficiency of the petition. Please advise as to your findings and contact me with any questions or concerns. The following documents have been provided: Map of annexation area as Exhibit B Legal description of the area as Exhibit A Spreadsheet of Parcel list as Exhibit D and emailed to you on June 23, 2009 A copy of the signed petition as Attachment A Sincerely yours, OF Christy O'Flaherty, CMC City Clerk Enclosure xc: S. Kerslake R. er erner Phone: 206 - 433 -1800 • City Hall Fax: 206 - 433 -1833 • www.ci.tukwila.wa.us ty o f Fr ila Washington Ordinance No. t9Norq '( 1 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, ANNEXING APPROXIMATELY 259 ACRES OF REAL PROPERTY KNOWN AS THE "TUKWILA SOUTH PROJECT PROPERTY;" PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, RCW 35A.14.120 provides that "proceedings for initiating annexation of unincorporated territory to a charter code city or non - charter code city may be commenced by the filing of a petition of property owners of the territory proposed to be annexed," but that "prior to the circulation of a petition for annexation, the initiating party or parties, who shall be the owners of not less than 10% 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 "; and WHEREAS, La Pianta LLC is the sole owner of approximately 259 acres of real property known as the "Tukwila South Project Property "; and WHEREAS, on November 12, 2004, La Pianta LLC submitted a Request for Annexation ( "Request "), which was signed by owners of not less than 10% of the value of the property included in the Request; and WHEREAS, on January 18, 2005, the City Council met with the initiating parties as part of its regular City Council meeting pursuant to RCW 35A.14.120; and WHEREAS, on January 18, 2005, the City Council unanimously voted to accept the Request, and to authorize the initiating parties to circulate the Petition for Annexation seeking the signatures of the owners of 60% of the assessed valuation of property within the proposed annexation ( "Petition "), on the following conditions: (1) simultaneous adoption of zoning regulations, and (2) petition signers' consent to the assumption of the proposed annexation area's proportionate share of existing City indebtedness, if any; and WHEREAS, on June 8, 2009, during its regular meeting, the City Council approved the related Tukwila South Development Agreement and other related land use issues, and La Pianta LLC submitted its signed Petition; and WHEREAS, on June 8, 2009, the Tukwila City Council held a public hearing following publication of notice thereof as provided in RCW 35A.14.130, and that public hearing was continued to the June 15, 2009 Regular Meeting to accept additional public comments; and WHEREAS, the Tukwila City Council desires to annex the area described and shown in the Petition, attached hereto and incorporated here by reference as Attachment A; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Annexation. The City of Tukwila hereby annexes the Tukwila South Property, which is legally described in Exhibit A and depicted on the map in Exhibit B. W: \Word Processing \ Ordinances \Tukwila South Annexation.doc LV:ksn 06/15/2009 Page 1 of 2 The Tukwila City Council minutes from the January 18, 2005 Council meeting are hereby attached as Exhibit C and a full annexation parcel list is shown on Exhibit D. All said attachments /exhibits are attached hereto and incorporated herein by reference. Section 2. Conditions Upon Annexation. A. Comprehensive Plan, Shoreline Master Plan, and Zoning Designations. The annexed property shall be subject to the Comprehensive Plan, Master Plan, Shoreline Master Plan map amendment to designate the property as Urban Environment and the Tukwila South Overlay District zoning regulations as set forth, in the Tukwila South Project Development Agreement, adopted on June 8, 2009. B. Assumption of Existing Indebtedness. The Tukwila South Property shall be assessed and taxed at the same rate and on the same basis as the property in the City of Tukwila is assessed and taxed to pay for the portion of outstanding City indebtedness, if any, which indebtedness has been approved by the voters, contracted for, or incurred prior to, or existing at, the effective date of the annexation in Section 1 of this ordinance. Section 3. Preparation of Notice of Intent to Annex. The City Administrator, and/ or her designee, is hereby authorized and directed to prepare and submit a Notice of Intention to Annex to the King County Boundary Review Board no later than 180 days after the effective date of this ordinance. The City Administrator, and /or her designee, is hereby authorized and directed to take such other steps with respect to said Notice of Intention or otherwise as deemed necessary to implement the annexation in Section 1 of this ordinance. Section 4. Severability. Should any section, paragraph, sentence, clause or phrase of this ordinance, or its application to any person or circumstance, be declared unconstitutional or otherwise invalid for any reason, or should any portion of this ordinance be pre - empted by state or federal law or regulation, such decision or pre- emption shall not affect the validity of the remaining portions of this ordinance or its application to other persons or circumstances. Section 5. Certification of Ordinance to King County. Pursuant to RCW 35A.14.140, upon passage the City Clerk is directed to file a certified copy of this ordinance with the King County Council. Section 6. 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 days after passage and publication as provided by law, except that Sections 1 and 2 of this ordinance shall not be effective until the effective date of approval of the King County Boundary Review Board pursuant to Chapter 36.93 RCW. PASSED BY THE CITY COUNCIL OF THE CITY OF <WILA, WASHINGTON, at a Regular Meeting thereof this 1 S I N day of , 2009. ATTEST/ AUTHENTICATED: ., T' aye Christy O'Flaherty, CMC, City Clerk APPROVED AS TO • RM BY: 0 i :: i'e e City A orney Attachments: Filed with the City Clerk: 6, - /0 -09 Passed by the City Council: tp - ' -09 Published: & - ('- 0 Effective Date: (., - 3 -- 0 Ordinance Number: W Attachment A - Owner's Petition for Annexation Exhibit A - Legal Description of the Annexed Property Exhibit B - Map of Tukwila South Annexation Area Exhibit C - Minutes of the January 18, 2005 Council Meeting Exhibit D - Tukwila South Annexation Parcel List W: \Word Processing \Ordinances \Tukwila South Annexation.doc LV:ksn 06/15/2009 Page 2 of 2 LAW'OFFICES Gierke, Curwen, Dynan & Jones, P.S. R RECEIVED JUN152009 TACOMA OFFICE 2102 NORTH PEARL STREET SUITE 400, BUILDING D TACOMA, WA 98406 -2550 253 - 752 -1600 / 253 - 383 -3761 TOLL FREE: 877 -797 -1600 FACSIMILE: 253- 752 -1666 GREGORY B. CURWEN 2 MARK J. DYNAN CLARENCE C. JONES JR. MARK W. CONFORTI ELIZABETH C. THOMPSON 13,6 ROBERT L. BOWMAN 7 CHRISTI C. GOELLER KIMBERLY J. COX MATHEW D. MARINELLI 8 Christy O'Flaherty, CMC City Clerk City of Tukwila 6200 Southcenter Blvd. Tukwila, WA 98188 REPLY TO SEATTLE OFFICE WELLS FARGO CENTER 999 THIRD AVENUE SUITE 2525 SEATTLE, WA 98104 -4089 TOLL FREE: 877 - 797 -1600 FACSIMILE: 253- 752 -1666 TACOMA OFFICE June 15, 2009 CITY OF TUKWILA CITY CLERK.:. BRADFORD M. GIERKE (1937 -1995) HUGO METZLER, JR. (1911 -1995) 1 Also admitted in the District of Columbia 2Also admitted in Georgia 3Also admitted in Hawaii `Also admitted in Illinois • 'Also admitted in Maryland Also admitted in Oregon 'Also admitted in Minnesota 8AIso admitted in California -Lisa Verner Tukwila South Project Manager City of Tukwila 6200 Southcenter Blvd. Tukwila, WA 98188 Re: Tukwila South Project Annexation (259 Acres) First Bonding Special District: King County Fire Protection District #24 Date of Hearing: 6/8/09 Our File No.: 09 -5675 Dear Clerk O'Flaherty; Ms. Verner, and Members of the Tukwila City Council: Please accept this supplemental submission on behalf of KCFPD #24 regarding. the Tukwila South Project Annexation. In part, this letter will respond to inquiries made at the June 8, 2009 City Council meeting as well as the request made by Brandon Miles in his June 12, 2009 letter. Attached please , find a June 10, 2009 letter of Jim Adsley I am forwarding on his behalf clarifying issues discussed at the June 8, 2009 Council meeting as well as responding to some of the other comments received by the Council at the meeting. Attached please also find a map showing the boundaries of KCFPD #24. Finally,, attached please find a copy of the Interlocal Agreement for Fire and Emergency Medical Services and Ancillary Operations between the City of SeaTac and King County Fire Protection District #24. Christy O'Flaherty; CMC Lisa Verner June 15, 2009 Page 2 King County' Fire Protection District #24 appreciates the City of ° Tukwila considering and addressing these issues outlined by KCFPD #2 respect to the interests of those residents and constituents within Fire District #24 to be in ded ' the annexation and those omitted from it. GBC:sw Enclosures cc: Chief James Adsley, Ret. KCFPD #24 Investment Officer /Contract Administrator Chris Bauer, Commissioner; KCFPD #24 Alicia B. Pittinger, Commissioner, KCFPD #24 Violet Bauer, Commissioner, KCFPD #24 June 10, 2009 Christy O'Flaherty, CMC City Clerk City of Tukwila 6200 Southcenter Blvd. Tukwila, WA 98188 Jim Adsley Adsley & Associates 3280 Saratoga Road Langley, WA 98260 (360) 730 -1985 (360) 730 -2145 (fax) adsley@whidbey.com Lisa Verner Department of Community Development Tukwila South Project Manager City of Tukwila 6200 Southcenter Blvd. Tukwila, WA 98188 Re: Tukwila South Project Annexation (259 Acres of KCFPD #24) The following comments are designed to clarify questions from the Tukwila Council members, and comments made by Mr. Buck, after comments from representatives for King County Fire District #24 at the hearing on the above matter, June 8, 2009. The primary purpose of testimony from Fire District # 24 is to mitigate impacts, created by the annexation, on residents /landowners of the fire district, who will be remaining in the smaller unincorporated area after the annexation, rather than discourage the City Council from approving the annexation. The following are salient issues associated with the testimony provided on June 8, 2009. History: Fire District 24, as a result of proximity to the international airport, had more lodging facilities than anyplace in Washington State, before the construction of the downtown state convention center. Prior to that, the largest convention center, north of San Francisco was at Sea -Tac. Seattle significantly toughened crime enforcement for certain crimes, such as prostitution in the 1970's. That pushed crime into areas outside the city, such as, the Sea -Tac area. By the early 80's it had even begun to impact our local high school students. Many in the community decided to suggest incorporation as a way to better keep resources in the community and control crime, which by then included one of the largest serial killing sprees in the history of the Country. After professional studies were done, the matter went before the Boundary Review Board for approval of boundaries. At the request of Mr. Segale, and the City of Tukwila, the area of Fire District #24 in the valley was removed from SeaTac boundaries. When the incorporation was ultimately approved by voters, about 2% of Fire District #24 was left out side any incorporated area. In order to continue collecting property tax revenue, and finish paying 1 a district bond issue, it was required that a new Board of Fire Commissioners be created in the reduced area, and all the work of the commission had to be carried on in the same manner as before, except for the physical delivery of service. 98% of the districts assets, and therefore, all employees were removed, after SeaTac decided to take over the fire service operations (in contrast to all the other recent incorporations in the State, where the existing fire district operations and personnel were kept mostly intact). A contract was developed to provide for the continuation of Fire and EMS services to the remaining Fire District #24 area in the valley. Before the time of this incorporation and the taking over of fire service operations by SeaTac, the intense commercial development in the Sea -tac area required the fire district to be innovative, and think outside the box to find ways to deal with the load. We did many things for the first time, which have now been adopted by others. Many of these innovations allowed the district to obtain a class 3 rating in 1989. At that time it was a better rating than all the surrounding jurisdictions, and in fact, District #24 was one of only 6 districts from the 412 districts statewide, to obtain this high rating. In addition to keeping up with commercial demands, several of the special programs benefited residential properties as well, particularly areas with access or distance issues, such as the current area of Fire District #24. Those features which had specific benefit to the residents in the valley were as follows; 1- Dispatch systems providing rapid response times. In 1983, we established the first fully automated fire dispatch system, which was based on the county geo codes, and programmed specific response information for unique or troubling locations. As measured by King County EMS we were second only to the City of Issaquah, in fastest response time every year. Our average for EMS was 3.8 minutes. Even more important, our times were measured from the time our dispatch center took over the call, while most jurisdictions measured from the time equipment is toned out. That is about an extra minute in savings. Our engine company response times were about 4 to 4.5 minutes, again from the time we picked up the phone. Slower response times can occur at night. We offset that by connecting speakers to our dispatch phones so crews would actually hear the nature and location of problems while the dispatcher was disseminating information. Our dispatch system was managed by a mini computer system, and we had micro computers slaved off it. This was the first such installation in the State. It allowed our duty officer to take a computer home for night time calls, and access to hazardous materials info, and so on. 2- Specially designed equipment. We had several areas where there were long narrow, driveways. In the case of the homes on the west side of Orillia Road, long, steep, and winding driveways exist. In at least one case, and perhaps two, a traditional fire engine will not be able to navigate much of the drive. We purchased a four - wheel -drive mini - pumper for that purpose. In addition, we were the first jurisdiction to go to quick - connect, 5 inch supply lines. We carried 1200 feet of that on this unit, which essentially allowed us to lay a water main on top of 2 the ground. Many others now use this product. This unit was used on many difficult driveways around Angle Lake as well. This unit was particularly important in areas accessed from Orillia Road (and other similar areas), without adequate hydrant availability. 3- Training. We developed a video editing system for training purposes, which allowed us to film specific evolutions, such as on the steep drives off Orillia Road, so other department members would have the opportunity to see how we set up the response. We would drill on the worst drive down there at least once per year. We also created special numbers, on posts at each multiple residence drive. This post number identified in our vehicle map books, and dispatch computer, what equipment was assigned for a particular location, and length of drive, as well as building descriptions. The above features were extremely beneficial to remote areas. Unfortunately, many of those special features have slipped away over the years, since the City took over Fire /Ems operations. First, and foremost, the city contracted out dispatch services to Federal Way, and later Valley Com. This caused response time to suffer by one -and- a -half minutes, on average. Most aid calls are now made by engine companies, rather than aid cars, which presents additional response time and access issues, particularly to the hillside drives along Orillia. SeaTac got rid of the mini - pumper, so it's no longer available for those unique situations. Hand overhauling lines up long steep drives would add significant time and manpower requirements to any fire in that area. In the long drives, even if a full -size pumper could make it up, there would be very long out of duty times, with hose lines between the street and engine in the way, if there should be a second alarm elsewhere. SeaTac is relocating its main station to McMicken Heights. This could cause additional response time to the Orillia Road area. SeaTac has simultaneous alarms in about 25% of their cases now. In an annual report, SeaTac Fire Dept. has stated that SeaTac provides Tukwila 770% more mutual aid response than is provided back to SeaTac. It is not clear if that is due to specific incident locations, multiple alarms in Tukwila, or exactly what. They do state that Tukwila provides SeaTac an automatic response with a ladder truck. Apparently SeaTac no longer has a ladder truck. Tukwila's closest due station is 51, which serves the Southcenter area. It appears to also be a very busy station. Presumably, once the new development builds out, there will be adequate revenue to add fire personnel. There are some barrier issues from retail activity according to the Tukwila Fire Dept. comments in the EIS, and there are also railroad tracks between station 51 and the Orillia Road area. The Corp of engineers has cautioned valley jurisdictions there will likely be more flooding, until the Howard Hansen Dam is repaired. They have not identified when that will be yet. If Tukwila were responding to a fire west of Orillia Road, the engine company would logically need to connect to the hydrant located on South 200`h street, east of Orilla Road currently. Unfortunately, that would require shutting Orilla Road down. It is an important arterial for commercial activity, and will likely become even busier with 3 the buildout of the proposed development. There is one hydrant now on the west side of Orillia which would be available for SeaTac units. However, it would likely be too far away for reaching some of the addresses on the hillside. Those specific buildings, and access driveways, and hydrant distances are identified in exhibit A with this comment letter. A partial solution would be the addition of two hydrants on the west side of Orillia Road, which would be a significant improvement for any units responding into this area. District #24's reserve revenue, which will proportionally go to Tukwila in the annexation process, should be adequate to provide that improvement. This improvement would assist both Tukwila and SeaTac fire departments in serving this difficult- access area. It would help reduce out of service time, create a safer environment for firefighters to operate, and prevent undue interference with traffic during a fire event on the hillside. A second issue Fire District 24 has raised is the need to continue providing a structure to collect tax revenue in order for the District to pay for necessary business expenses, and also to be able to pay a nominal fee to SeaTac for the provision of Fire /EMS service. It appears most of SeaTac's responses to the area are for problems on Orillia Road, which will remain in the Fire District territory. Again, buildout of the new development will likely create at least some new traffic on Orillia Road, as will the new condos in SeaTac, south of this project. Fire District 24 has suggested it would be beneficial if the City of Tukwila would offset the nominal tax revenue lost to the District. This would allow for continued service from SeaTac, which has a statutory responsibility to provide services, and has jurisdiction south of this site. Furthermore, it appears that access issues, highlighted in exhibit A, could lead to some liability should someone be hurt in the hillside area or on Orillia Road, or suffer an additional property loss due to additional complications created by the annexation. It would seem that leaving this responsibility in the current format would be worth the nominal yearly revenue Tukwila would pay District 24 to offset the revenue lost because of this annexation. This would allow the District to continue to contract for Fire /EMS services from SeaTac for a nominal amount. The 2009 tax roll for Fire District #24 is estimated by the assessor at $11,694.00. If the potential annexation area is 74% of that, the restoration amount would be about $8650.00 per year. Thank you for considering these clarifying comments. Respectfully Submitted, James E. Adsley, Chief Ret. King #24 /SeaTac Fire 4 EXHIBIT A Post 100 19809 Orillia Road South Residence size = 2700 square feet — 2.5 stories Shop /garage = 1302 square feet (separate structure) Driveway = 510 feet to street Distance to existing hydrant installed at base of drive = 510 feet This is a fairly steep, but improved driveway Post 101 #1 - 19805 Orillia Road South Residence size = 2250 square feet —2 story Driveway = 850 feet to street Distance to hydrant • - existing east of Orillia Road = 2091 feet • - existing North on west side of Orillia Road = 1185 feet • -A new hydrant, if it was installed near base of drive, would put a hydrant within 1000 feet, and be readily available to units responding from SeaTac, or Tukwila. This driveway is improved but steep, long, and very narrow, with curve near top. A conventional pumper might make it up this drive, but would be out of service for some time while hose lines were being secured. #2- 19835 Orillia Road South Residence size = 2600 square feet 2 story w /attached carport 5 Driveway = 300 feet to street Distance to hydrant • existing at post 100 (west side of Orillia) = 635 feet • existing east of Orillia on 200th street = 1 541 (this is the hydrant that would likely be used in a response from Tukwila) This driveway is short; however, a new hydrant at the bottom of it, serving both of the above ( "Post 101") addresses, would be more accessible for response from either Tukwila or SeaTac. Post 102 #1 - 4301 S. 200`h St. Residence size = 3000 square feet — 2 story Separate garage = 625 square feet Driveway = 1025 feet to street Distance to hydrant • existing on 200th east of Orillia = 1945 feet • existing at post 100 = 1806 feet • A new hydrant, if it was installed near base of drive, would be a more reasonable and safe 1025 feet away. This steep driveway is unimproved most of the way, and there is a significant grade change, and tight bend, approximately half way, which creates a point of departure which would not accommodate a traditional size pumper. #2 — 4411 S. 200th St. Residence size = 3600 square feet — 2 story Driveway = 400 feet to street Distance to hydrant • existing on 200`h east of Orillia = 1145 feet • existing at post 100 North on west side Orillia = 1181 feet • A new hydrant, if it was installed near base of drive, would be 400 feet away. #3 — 4417 S. 200`h St. Residence size = 2400 square feet — 2 story Driveway = 225 feet to street 6 Two outbuildings — each is fairly small, but large enough to be included on pre -fire plan Distance to hydrant existing on 200`h street, east of Orillia = 1145 feet existing at post 100 north on west side of Orillia = 1006 feet A new hydrant, if it was installed near base of drive, would be 225 feet away. #4 - 4420 S. 200`h St. Residence size = 2100 square feet — 2 story Driveway = 125 feet to street Distance to hydrant existing on 200th street, east of Orillia Road = 920 feet existing at post 100 north on west side of Orillia = 906 feet A new hydrant, if it was installed near base of drive, would be 125 feet away. To recap, the driveway serving all 4 of the above ( "Post 102 ") addresses is long, steep, and winding. It is improved for the first 400 to 500 feet. The last half of the drive is very steep, with a significant point of departure, and tight curve at the beginning of the unimproved portion. A traditional, full size apparatus would not be able to negotiate the upper portion of this drive. It should also be pointed out that many aid calls are now being answered with fire apparatus. This creates greater response time issues. There are some undeveloped parcels, and a large spring (above the top of this driveway) which serves water to several residents on the west side of the Green River. The hydrant at post 100 could serve some of the houses at the lower reaches of this drive; however, it is only practical with a SeaTac response, since it is not visible from the base of this driveway, and would likely require a reverse lay with any response from the Tukwila side. This would effectively tie up two fire engines for a significant amount of time. Post 103 Residence size = 1000 square feet, single story. Driveway = 100 feet to street Distance to hydrant existing on south 200`h, east of Orillia Road = 1620 feet existing south, and east on south 204th street = 1710 feet existing at post 100, north, and west of Orillia Road = 1706 feet A new hydrant, if it was installed at S. 200`h St. (post 102), would be 925 away. This post is currently down; however, it is not necessary because this house is highly visible from Orillia Road. It would also greatly benefit from a new hydrant on the west side, at 200th street. 7 The final structure which would be left in Fire District #24 is located on the west side of Orillia Road, approximately 1400 feet north of South 200th street. The writer understands this building was originally permitted to Mr. Collucio, as a farm equipment storage facility. This is somewhat curious, as Orillia Road would not allow for slow moving farm equipment, and Mr.Collucio had equipment facilities on the valley floor at South 200th street. In any case, it apparently is being used by Mr. Richard Buck, for a non- conforming, unscreened truck sales business, in a residential zone, which has been a cause for complaints and appeals to the county by some residents in the area. It is not clear if this use would be consistent with the quality or zoning of the planned campus on the east side of Orillia Road. Building size = approximately 2624 square feet, one story (however, about two stories high at some points) Hydrant location. The existing hydrant at post 100 is approximately 588 feet south of this building, and will adequately serve the site. 8 b ■` C 1 i r t m .c '�/C i • ; -(, ,�STFD #47 C Sea -Tac /k3 J ,. r. 1 International I o 1 Airport SeaTaco; . Station 46 Rj `' h.. r� `- ,' ' Dist 2 � S o 28 509 % S Ef \A KCFD #2; r' m 17scn St STFD s .#46 . q m S 6jh p A C _ «\.7SIaOTHST - le" a / ( r S.188thr.St J / r / / i t o t tm) Ae". m !G. 1 ' STFD,#45Stat $V r3 Angle Lake .....^- 5138THST. KCFD #24 a45 i, o H� �, i ,i s- iootns ,�s2oorHST ID I i O ,� 'Co II �� i m J .7 11.111110•10111* RPM i Vi e: r m 0 1 ctry M/TS ... - ii8th St f ¢mss C....n.rpm % - ./-�'S 212TH STS y i -�� 4) Jr r` N1 1110 J r1 `Z g183 --- 5218THST. " I ^ � "t. =g % 1 o ` ® j I + f...JS.2.1r8ih KCFD #39 DlsHQ 6 1 � * • ♦ [M) 0 U /NI U 0 �'r /cc ' cc St i If !p �- Il I� li qq t ,� urrrr.r. • /91 S218TH ST-,T g �, K ((E 0 ° I S (a� ''IJJ , 52313T'WAY ° N T �°'q79 N / l 1 r'V = i r '., t 71.1 1 :g N rI KCFD. #39 D0 I 1. ar i. .) N &AOCITY OF S E A T A C 0 1,000 2,000 Feet s T `� Date Prepared: June 10, 2009 ~ +� t Prepared by the city of SeaTec. NI rights reserved. This digital product has been compiled from the best available data. No warranty is expressed or Implied as to accuracy. completeness. or fitness for any spedfic use. Not to be used for purposes of legal description or definition. Not a substitute for a professional survey. Requestor is solely liable for the accuracy and lawful use of this data. Fire Districts South S e a T a c UlacenelnAvodinoWeditles120000519Stallon4SSenAceArealSeMeeArea92 ..ei 4`"2P -2001 1 : 17PM FROM ADSLEY /ASSOC. 3607 3021 45 ( � TIE FOLLOWING INTERI OCAL AGREEMENT between the City of SeaTac. a municipal corporatton of the State of Washington, hereinafter referred to as the "City." and King County Fire Protection District e24, a political subdivision of the State of Washington, hereinafter referred to as the "Fire 'District." WHEREAS a petition signed by a majority of the persons riding in that area covered by Fire District #24 that was not incorporated into the City of SeaTae have petitioned the City to assume responsibility for the . provision of fire protection. fire prevention, and aonergency► medical services and those additional services pzovided by the SeaTac Munie pal Pyre Department to the residents of the City of SeaTac., all pursuant to RCW 35A.14.380; and WHEREAS the City desires to provide those types of services to the residents, of the Fire District and has acquired ownership of the assets of the Fire Distract by operation of law pursuit eta RCW 35A.14.380: NOW. THEREFORE, the City and the Fire District agree as follows:. A. The City contracts with the Fire District to provide fire protection, fire prevention, and emergency medical services to the Fire District. which is located adjacent to the City boundaries as previously serviced and provided by the Fire District B. This Agree:ment is entered into by the City under the authority of RCW 35A.11.040 and by the Fire District under the authority of RCW 52.12.031, and collectively under the authority of RCW 39.34. the intcrlocal Cooperation Act. C . It is the purpose of this Agreement to provide the terms and conditions under which the City .w111 provide lire protection. fire prevention. nd emergency medical services to the Fite District and to otherwise provide for the continued operations of the Fire District To carry out the purposes of this Agreement and in consideration of the benefits to be received by both the City and the Fire District it is agreed as follows: 1. Base Level tlarvIoes: The City will provide to the Fire District fire protection, fire prevention, and emergency medical services to the above mentioned territory within the boundaries of the Fire District beghming January 1. 1991 in the same general Manner and at the same level .ar services as that provided within the City of SeaTac. and at leant at the ii*snd in Ali= *frtaiVtierialy provided by the Fire District The City will provide the same level of setIviegittal.he Fire Dirt with regard to emergency reapaase. dispatch sesvloe., rand pubic Gaon. P. 2 4 -20 -2001 1 :18PM • FROM 4DSLEY /ASSOC_ 3607302145 P. 3 Inter local Agreement Page 2 2. Effective Date and Term This Agreement is effective January 1. 1991, although subsequently executed by the parties. and shall continue for a period of one year, The Agreement shall renew automatically from year to year unless termination is requested as provided for in Section 15. S. Payment by Fire District: The Fire District agrees to pay compensation to the City on a semi- amsual basis with fifty percent paid in June and fifty percent paid in December. The amount of payment shall equal the total amount received by the Fire District from its statutory levy less the actual cost required to matftain the Fire Dist legislative ope ratioat (see Attachment Al. Any unexpended operating levy funds shall be paid annually to the City. indeaauifleation: The City will protect. defend. indemnify and save harmless the Fire District, its commissioners, employees and agents from any and all costs. claims. Judgments, awards of damages, or loss resulting from the negligent acts or omissions of the City, its officers, employees or agents in carrying out this Agreemeet. The Fire District will protect, defend, indemnify and save harmless the City, its council. employees and agents from any and all costs. clefts, judgments, awards of damages, or loss resulting from the negligent acts or omissions of the Fire District, its officers, its commissioners or , agents in carrying out this Agreeraeht. 5. Coact Administration: The etty and the Fire District shall each appoint and designate a contract administrator in review contract perfaemaace and policy Issues. Each party to notify the other in writing of its contract administrator. The contract administrators shall meet only as necessary, but at least once annually. Either party is authorized to call a meeting of the contract administrators with ten (2Q) days written notice to the other. The contract administrators will annually review the benefits and costs of services provided as a result of this Agreement. S. Insurance Coverage: The Fire District agrees to pay the costs of providing errors and omissions liability insurance coverage far the commissioners. The District agrees to obtain and provide comprehensive general liability Insurance coverage and name the City as an additional insured for liability insurance purposes through June, 1991. The District further agrees to provide property and casualty insurance coverage for equipment and vehicles and assets acquired by the City from the Fire District. The above insurance coverage shall exist until June, 1991. The manner of total insurance coverage and payment for the future will be determined prior to policy termination at the end of June, 1991. In the event the City assumes independent insurance coverage, the City agrees to name the Fire District as an additional insured. 4 -20 -2001 1 19P FROM 4DSLEY /ASSOC_ 3507302145 P_4 Interlocal Agreement Page3 7. Fire District Use of City Facilities: The City agrees to make available facilities. equipment. and reasonable staff support to the Fire District to permit the Fire District to conduct its remaining business and to allow the Fire District commissioners to meet as required by law, 8. Transfer of Employees: In keeping with RCW 35.13.215, all employees of King County Fire District #24 have been notified of official termination as of December 31. 1990. in keeping with RCW 35.13.235. all Fire District employees have been notified of their right to transfer employment to the City of SeaTac. In keeping with RCW 35.13.225. all union and non-union employees of Fire District #24 have notified the Fire District of their intent to transfer employment to the City of SeaTac and have notified the City Civil Service Commission of their desire to traneder employment to the City. It is acknowledged that all Fire District #24 employees (as identified on Attachment B; have been offered employment by the City. 9. Bond Fund Indebtedness: The. District agrees to let King County come collecting taxes for repayment of the bond debt approved by the voters of King County Fire District #24, including the territory now incorpsearted into the City of SeaTac. The revenue collected for this purpose will be invested by the Fire District. Al residual principal and interest will remain in the bond fund for purposes of retiring the bond debt 10. Cash Carryover Funds: The parties agree that any cash carryover funds transferred by the Fire District to the City should be used on Fire Department capital needs since the funds were initially generated from fire protection taxation. 11. Reserve Fund: in keeping with RCW 35A.14.380. the City will pay the Dim $63.553.80 In assets which shall be deposited by the Fire District to a reserve fund. This shall be the ewe asset required to allow the remainder of the assets to be vested in the City. 12. Expense Fund The District shall maintain an � paying outstanding acPet�e fvad for the purpose and obligations incurred by the Fire District prior to January 1. 1991. and to pay ongoing was of the reurathing Fire District alter January 1. 1991. Outstanding obligations apps prior to January 1, 1991. by the commission are as Identified in Attachment C. 13. Capital Improvement Fund: This fund Includes residual bond monies. These funds should be used for the completion of the Station II remodel and/or the Station f parking lot shay these. items included on the ballot title. burg at the 14. 1990 Annual Report: The City awes to prepare a complete annual report of . fire protection y and to specifically include a special report relative to activity in and 4 -20 -2001 1 :19PM _ • FROM \DSLEY /ASSOC. 3607302145 P. 5 Interlacal Agreement Page 4 Pmts pied to the Fire District, the area that remains outside the City. The 1990 annual report shall be considered by the parties of this agreement for the purpose of establishing a base lh'ie for future levels of service. 15. Terminatloo Pw+oeesas In keeping with RCW 35A.1A.380, the Piro Protection District elects by a majority vote of the persons residing a nteide the incorporated area to require the C;tty of Sea Tar to continue providing 8re services to the Fire District Services from this Agreement may be team. inated only air an election or petition by the voters oat the Fire District to terminate the Tire and and arm y medical services pwv*ded by the City, or by the voters or kindowners in the Pre Dist requesting annexation into the City. which would have the (Sect of dtesolvmg the Fire District 16. Amendment: This went can be amended or modified at any time during the course of this Agreement with the written consent of the parties. 17. /antis* Agreement/Waiver of Defa ilt: The parties agree that this Agreement is a complete expression of the terms kid and any oral representations or understandings not incorporated herein are exclude& waiver or breach of any provision of tits Agreement shall not be deemed to be a waiver of any other or subsequent breach and Shall riot be eamstrued to be a modification of the terms of the Agreement unless stated to be such through written Interlocal Agreenxex t approval by the parties. Waiver of any Default shall not be deemed or wed to be a waiver of any subsequent Default. 18. Nattcea: Any notice given pursuant to this Agreement shall be delivered by depostthrg the same in the custody of the United States Postal Service. certified mail, return receipt requested, postage prepaid, addressed as follows: City of SeaTac: Fire District #24: City Manager 19215 - 28th Avenue South Sea Tac. WA 98188 Chairperson of The Board of Conanissioners Kiang County Fire Protection District #24 4417 South 200th Street Kent. WA 98032 19. Time is of Essence: Both the City and the Fire District recognize that time is of the essence in the performance of the .provisions of this Agreement. 20. SeverablUty: If any provision of this Agreement or its application is held invalid for any reason, the remainder of this Agreement or the application of the remainder a the Apeernent shall not be affected. 4 -20 -2001 1 :20PM FROM ADSLEY /ASSOC. 3607302145 P.6 Interlocal Agreement Page 5 21. Arbitration of Disputes: if any disputes arise out of the performance or interpretation oor this Agreement. any aueh disputes shall be submitted to mandatory arbitration as .Provided in RCW 7.04. Any such disputes shall be resolved by a panel of three (3) disinterested arbitrators. Each party shall bear the cost of selecting its own arbitrator. and one -half the cost of the neutral arbitrator. In the event the parties are unable to agree upon the selection of a third neutral arbitrator. the selection shall be made by the Presiding Judge of King County Superior Court. The decision of the majority of the arbitrators shall be final and binding upon the parties enrcept as provided for. in RCW 7.04.160. Venue of any arbitration proceeding shall lie in leg County. Washington. 22. Apps Lev,: This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. Approved as to Penn; r 'T/1c f 'city Attorney • Commissioner. KCPPD *24 City of Tukwila Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM TO: City Council Mayor Haggerton FROM: Lisa Verner, Mayor's Office DATE: June 15, 2009 SUBJECT: Tukwila South Annexation ISSUE Receipt of Petition for Annexation (60% Petition) and response to Fire District #24 comments. DISCUSSION 1. The City received the signed Petition for Annexation from La Pianta LLC on June 10, 2009. It is an attachment to this Informational Memorandum. After taking any testimony offered at the continued public hearing on June 15, the Council may close the public hearing, deliberate on the proposal, and take action at its June 15 Regular Meeting. 2. Testimony from Fire District #24 representatives was received at the June 8 public hearing on the Tukwila South Annexation. In particular, a letter from Gierke, Curwen, Dynan & Jones, PS was submitted on behalf of Fire District #24. It did not ask the Council to stop the annexation but asked the Council to be aware of the impact of the annexation on Fire District #24. Below are responses to the 11 points raised in the letter: 1. The City would require the applicant developing property on the west side of Orillia Road to install one or more fire hydrants, as needed, as part of the development permit approvals. City standards for new construction call for fire hydrants to be no more than 150' from a building, as measured by a direct line of vehicular access. If such a hydrant is cost prohibitive, automatic sprinklers may be used. 2. The portion of Orillia Road abutting the Tukwila South Annexation will be annexed. The City provides fire and EMS services within the City limits. The Tukwila Fire Department and the SeaTac Fire Department have mutual aid agreements and provide service within each other's jurisdiction when called by dispatchers. 3. The City is not involved, nor will it be involved, in Fire District #24's contractual arrangements with the City of SeaTac. 4. No comment. 5. These issues will be addressed by the City's normal emergency management processes. INFORMATIONAL MEMO Page 2 6. As mentioned before, the Tukwila Fire Department and the SeaTac Fire Department currently have a mutual aid agreement and will continue to have this agreement. 7. As needed, the Tukwila Fire Department will take steps necessary at the time to fight a fire. 8. Relocation of SeaTac fire department headquarters is not a City of Tukwila issue. 9. Again, the Tukwila Fire Department and the SeaTac Fire Department have a mutual aid agreement and provide service in each other's jurisdiction when called by dispatchers. Tukwila Fire Department will continue to provide the same level of service it provides now. 10. Again, the Tukwila Fire Department and the SeaTac Fire Department have a mutual aid agreement and provide service in each other's jurisdiction when called by dispatchers. Tukwila Fire Department will continue to provide the same level of service it provides now. 11. The Tukwila South Annexation applicant petitioned the City to annex its own land into the City of Tukwila. With the exception of a King County -owned storm pond and the Historical Society cemetery, the only property being annexed belongs to the property owner who requested the annexation. Other items which should be noted: The City's Potential Annexation Area (PAA) is the area currently within King County, south of the current City limits, west of the Green River, north of S 204th Street, and east of 1 -5. The determination that this area is most appropriately located within the city limits of the City of Tukwila was made years ago in response to the Growth Management Act. At King County's urging, the City Council adopted Resolution 1561 on November 1, 2004 which states: "Section 1. Within three weeks after the area described in Exhibit A (Tukwila South annexation area) becomes contiguous to the City of Tukwila, the City Council will adopt a resolution commencing negotiations pursuant to RCW 35A.13.460 for an interlocal agreement between the City and King County to accomplish the annexation of the area described in Exhibit B (area between Orillia Road and 1 -5) to the City, and directing staff to complete said negotiations on an expedited basis. Within six weeks of approval of said negotiated interlocal agreement by the City and King County, the City will adopt an ordinance providing for the annexation of the area described in Exhibit B, which ordinance shall provide for an effective date of annexation not later that sixty (60) days after adoption of the ordinance." (italics added) The City intends to annex the remaining portion of the Potential Annexation Area as noted above. The Environmental Impact Statement for the Tukwila South Project determined the necessity to relocate Tukwila's Fire Station 51 (Headquarters Station) to the vicinity of S 180th so that it would be more centrally located within its service area. The Tukwila South Project Development Agreement provides for donation by La Pianta LLC of up to three acres of land in W:ILong Range Projects\Tukwila South ProjectlAnnexationlInfoMemo Annex FD #24 response 6- 15- 09.doc INFORMATIONAL MEMO Page 3 area just south of S 180th Street along Southcenter Parkway for the relocated station. Construction funds will be raised through fire impact fees. RECOMMENDATION Accept any testimony at the Tukwila South Annexation public hearing, close the hearing, deliberate on the annexation, and take action on the annexation ordinance at the Council's Regular Meeting on June 15. ATTACHMENTS Letter from Gierke, Curwen, Dynan & Jones, PS (distributed at public hearing on June 8) Resolution 1561 Ordinance in final form W:ILong Range Projects\Tukwila South Project\AnnexationlInfoMemo Annex FD#24 response 6- 15- 09.doc City of Tukwila Jim Haggerton, Mayor Department of Community Development Jack Pace, Director June 12, 2009 Via Fax and US Mail Gregory B. Curwen Gierke, Curwen, Dynan & Jones, P.S. 2102 N. Pearl Street, Suite 400, Building D Tacoma, WA 98406 -2550 RE: Tukwila South Project Annexation King County Fire Protection District #24 Your File Number 09 -5675 Dear Mr. Curwen: The City is following up on your letter dated June 8, 2009 regarding the proposed Tukwila South Project Annexation. City staff is preparing a response and we are requesting that a copy of the current service agreement between Fire District #24 and the City of Seatac be provided to the City. If you have any questions, please call (206) 431 -3684 or send an email to bmiles(a,ci.tukwila.wa.us. Sincerely, Brandon J. les Senior Planner cc. Lisa Verner, Mayor's Office Shelley Kerslake, City Attorney 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone: 206 - 431 -3670 • Fax: 206 - 431 -3665 Lisa Verner - Fire District #24 Agreement From: To: Date: Subject: Attachments: Brandon Miles Lisa Verner; Shelley Kerslake 06/12/2009 1:45 PM Fire District #24 Agreement Shelley and Lisa- Page 1 of 1 Attached is the agreement between FD #24 and Seatac. This was the same agreement that was adopted in 1990 when Seatac incorporated. • It looks like any carry over employees were transferred to Seatac in 1990 • The agreement is year by year and can be modified at anytime. • The FD transfers their collected levy to Seatac. There is no set amount that the FD must pay to the City, thus I don't see how a short fall could be generated. At the end of the year the Fire District could terminate the agreement and possibility renegotiate it to cover the area that will not be immediately annexed into the City. Actually there may not be a need to terminate the agreement. The only thing that would change is that the revenue transferred to Seatac would be reduced since most of the FD would now be covered by Tukwila FD. Hope this helps. Brandon Brandon J. Miles Senior Planner Department of Community Development City of Tukwila tel (206) 431 -3684 fax (206) 431 -3665 bmiles @ci.tukwila.wa.us file: / /C: \temp\XPGrpWise \4A325C01 tuk- mail6300 -po 1001776B79189711 \GW } 00001.H... 06/12/2009 LL INTERLOCAL AGREEMENT FOR FIRE AND EMERGENCY MEDICAL SERVICES AND ANCILLARY OPERATIONS BETWEEN THE CITY OF SEATAC AND KING COUNTY FIRE PROTECTION DISTRICT #24 THE FOLLOWING INTERLOCAL AGREEMENT between the City of SeaTac, a municipal corporation of the State of Washington, hereinafter referred to as the "City." and King County Fire Protection District #24, a political subdivision of the State of Washington, hereinafter referred to as the "Fire District." WHEREAS a petition signed by a majority of the persons residing in that area covered by Fire District #24 that was not incorporated into the City of SeaTac have petitioned the City to assume responsibility for the provision of fire protection, fire prevention, and emergency medical services and those additional services provided by the SeaTac Municipal Fire Department to the residents of the City of SeaTac, all pursuant to RCW 35A.14.380: and WHEREAS the City desires to provide those types of services to the residents of the Fire District and has acquired ownership of the assets of the Fire District by operation of law pursuant to RCW 35A.14.380: NOW, THEREFORE, the City and the Fire District agree as follows: A. The City contracts with the Fire District to provide fire protection, fire prevention, and emergency medical services to the Fire District, which is located adjacent to the City boundaries as previously serviced and provided by the Fire District. B. This Agreement is entered into by the City under the authority of RCW 35A.11.040 and by the Fire District under the authority of RCW 52.12.031, and collectively under the authority of RCW 39.34, the Interlocal Cooperation Act. C. It is the purpose of this Agreement to provide the terms and conditions under which the City will provide fire protection, fire prevention, and emergency medical services to the Fire District and to otherwise provide for the continued operations of the Fire District. To carry out the purposes of this Agreement and in consideration of the benefits to be received by both the City and the Fire District, it is agreed as follows: 1. Base Level Services: The City will provide to the Fire District fire protection, fire prevention, and emergency medical services to the above mentioned territory within the boundaries of the Fire District beginning January 1. 1991 in the same general manner and at the same level of services as that provided within the City of SeaTac, and at least at the level and manner as were previously provided by the Fire District. The City will provide the same level of services to the Fire District with regard to emergency response, computer -aided dispatch service, and public education. A & C FILE DATE . 5// 3/c,/ co Interlocal Agreement Page 2 2. Effective Date and Term: This Agreement is effective January 1, 1991, although subsequently executed by the parties, and shall continue for a period of one year. The Agreement shall renew automatically from year to year unless termination is requested as provided for in Section 15. 3. Payment by Fire District: The Fire District agrees to pay compensation to the City on a semi - annual basis with fifty percent paid in June and fifty percent paid in December. The amount of payment shall equal the total amount received by the Fire District from its statutory levy less the actual cost required to maintain the Fire District legislative operation (see Attachment A). Any unexpended operating levy funds shall be paid annually to the City. 4. Indemnification: The City will protect, defend, indemnify and save harmless the Fire District, its commissioners, employees and agents from any and all costs, claims, judgments, awards of damages, or loss resulting from the negligent acts or omissions of the City, its officers, employees or agents in carrying out this Agreement. The Fire District will protect, defend, indemnify and save harmless the City, its council, employees and agents from any and all costs, claims, judgments, awards of damages, or loss resulting from the negligent acts or omissions of the Fire District, its officers, its commissioners or agents in carrying out this Agreement. 5. Contract Administration: The City and the Fire District shall each appoint and designate a contract administrator to review contract performance and policy issues. Each party shall notify the other in writing of its contract administrator. The contract administrators shall meet only as necessary, but at least once annually. Either party is authorized to call a meeting of the contract administrators with ten (10) days written notice to the other. The contract administrators will annually review the benefits and costs of services provided as a result of this Agreement. 6. Insurance Coverage: The Fire District agrees to pay the costs of providing errors and omissions liability insurance coverage for the commissioners. The District agrees to obtain and provide comprehensive general liability insurance coverage and name the City as an additional insured for liability insurance purposes through June, 1991. The District further agrees to provide property and casualty insurance coverage for equipment and vehicles and assets acquired by the City from the Fire District. The above insurance coverage shall exist until June, 1991. The manner of total insurance coverage and payment for the future will be determined prior to policy termination at the end of June, 1991. In the event the City assumes independent insurance coverage, the City agrees to name the Fire District as an additional insured. Interlocal Agreement Page 3 7. Fire District Use of City Facilities: The City agrees to make available facilities, equipment, and reasonable staff support to the Fire District to permit the Fire District to conduct its remaining business and to allow the Fire District commissioners to meet as required by law. 8. Transfer of Employees: In keeping with RCW 35.13.215, all employees of King County Fire District #24 have been notified of official termination as of December 31, 1990. In keeping with RCW 35.13.235, all Fire District employees have been notified of their right to transfer employment to the City of SeaTac. In keeping with RCW 35.13.225, all union and non -union employees of Fire District #24 have notified the Fire District of their intent to transfer employment to the City of SeaTac and have notified the City Civil Service Commission of their desire to transfer employment to the City. It is acknowledged that all Fire District #24 employees (as identified on Attachment B) have been offered employment by the City. 9. Bond Fund Indebtedness: The District agrees to let King County continue collecting taxes for repayment of the bond debt approved by the voters of King County Fire District #24, including the territory now incorporated into the City of SeaTac. The revenue collected for this purpose will be invested by the Fire District. All residual principal and interest will remain in the bond fund for purposes of retiring the bond debt. 10. Cash Carryover Funds: The parties agree that any cash carryover funds transferred by the Fire District to the City should be used on Fire Department capital needs since the funds were initially generated from fire protection taxation. 11. Reserve Fund: In keeping with RCW 35A.14.380, the City will pay the District $63,553.80 in assets which shall be deposited by the Fire District in a reserve fund. This shall be the entire asset required to allow the remainder of the assets to be vested in the City. 12. Expense Fund: The District shall maintain an expense fund for the purpose of paying outstanding invoices and obligations incurred by the Fire District prior to January 1, 1991, and to pay ongoing expenses of the remaining Fire District after January 1, 1991. Outstanding obligations approved prior to January 1, 1991, by the commission are as identified in Attachment C. 13. Capital Improvement Fund: This fund includes residual bond monies. These funds should be used for the completion of the Station II remodel and /or the finishing of the Station I parking lot since these items were included on the ballot title. 14. 1990 Annual Report: The City agrees to prepare a complete annual report of fire protection activity and to specifically include a special report relative to activity in and Interlocal Agreement Page 4 protection provided to the Fire District, the area that remains outside the City. The 1990 annual report shall be considered by the parties of this agreement for the purpose of establishing a base line for future levels of service. 15. Termination Process: In keeping with RCW 35A.14.380, the Fire Protection District elects by a majority vote of the persons residing outside the incorporated area to require the City of SeaTac to continue providing fire services to the Fire District. Services from this Agreement may be terminated only after an election or petition by the voters of the Fire District to terminate the fire and emergency medical services provided by the City, or by the voters or landowners in the Fire District requesting annexation into the City, which would have the effect of dissolving the Fire District. 16. Amendment: This Agreement can be amended or modified at any time during the course of this Agreement with the written consent of the parties. 17. Entire Agreement /Waiver of Default: The parties agree that this Agreement is a complete expression of the terms hereof and any oral representations or understandings not incorporated herein are excluded. Waiver or breach of any provision of this Agreement shall not be deemed to be a waiver of any other or subsequent breach and shall not be construed to be a modification of the terms of the Agreement unless stated to be such through written Interlocal Agreement approval by the parties. Waiver of any Default shall not be deemed or construed to be a waiver of any subsequent Default. 18. Notices: Any notice given pursuant to this Agreement shall be delivered by depositing the same in the custody of the United States Postal Service, certified mail, return receipt requested, postage prepaid, addressed as follows: City of SeaTac: Fire District #24: City Manager 19215 - 28th Avenue South SeaTac, WA 98188 Chairperson of The Board of Commissioners King County Fire Protection District #24 4417 South 200th Street Kent, WA 98032 19. Time is of Essence: Both the City and the Fire District recognize that time is of the essence in the performance of the provisions of this Agreement. 20. Severability: If any provision of this Agreement or its application is held invalid for any reason, the remainder of this Agreement or the application of the remainder of the Agreement shall not be affected. Interlocal Agreement Page 5 21. Arbitration of Disputes: If any disputes arise out of the performance or interpretation of this Agreement, any such disputes shall be submitted to mandatory arbitration as provided in RCW 7.04. Any such disputes shall be resolved by a panel of three (3) disinterested arbitrators. Each party shall bear the cost of selecting its own arbitrator, and one -half the cost of the neutral arbitrator. In the event the parties are unable to agree upon the selection of a third neutral arbitrator, the selection shall be made by the Presiding Judge of King County Superior Court. The decision of the majority of the arbitrators shall be final and binding upon the parties except as provided for in RCW 7.04.160. Venue of any arbitration proceeding shall lie in King County, Washington. 22. Applicable Law: This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. Date `7i1c} ,99/ Approved as to Form: CIL -2 mcaA,A„,,,7 City Attorney Chairperson, KCFPD #21 Commissioner, KCFPD #24 tary and Auditing Officer, #24 TO: City of Tukwila Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM City Council Mayor Haggerton FROM: Lisa Verner, Mayor's Office DATE: June 11, 2009 SUBJECT: Tukwila South Annexation ISSUE Receipt of Petition for Annexation (60% Petition) and response to Fire District #24 comments. DISCUSSION 1. The City received the signed Petition for Annexation from La Pianta LLC on June 10, 2009. It is an attachment to this Informational Memorandum. After taking any testimony offered at the continued public hearing on June 15, the Council may close the public hearing, deliberate on the proposal, and take action at its June 15 Regular Meeting. 2. Testimony from Fire District #24 representatives was received at the June 8 public hearing on the Tukwila South Annexation. In particular, a letter from Gierke, Curwen, Dynan & Jones, PS was submitted on behalf of Fire District #24. It did not ask the Council to stop the annexation but asked the Council to be aware of the impact of the annexation on Fire District #24. Below are responses to the 11 points raised in the letter: 1. The City would require the applicant developing property on the west side of Orillia Road to install one or more fire hydrants, as needed, as part of the development permit approvals. City standards for new construction call for fire hydrants to be no more than 150' from a building, as measured by a direct line of vehicular access. If such a hydrant is cost prohibitive, automatic sprinklers may be used. 2. The portion of Orillia Road abutting the Tukwila South Annexation will be annexed. The City provides fire and EMS services within the City limits. The Tukwila Fire Department and the SeaTac Fire Department have mutual aid agreements and provide service within each other's jurisdiction when called by dispatchers. 3. The City is not involved, nor will it be involved, in Fire District #24's contractual arrangements with the City of SeaTac. 4. No comment. 5. These issues will be addressed by the City's normal emergency management processes. 6. As mentioned before, the Tukwila Fire Department and the SeaTac Fire Department currently have a mutual aid agreement and will continue to have this agreement. 17 INFORMATIONAL MEMO Page 2 7. As needed, the Tukwila Fire Department will take steps necessary at the time to fight a fire. 8. Relocation of SeaTac fire department headquarters is not a City of Tukwila issue. 9. Again, the Tukwila Fire Department and the SeaTac Fire Department have a mutual aid agreement and provide service in each other's jurisdiction when called by dispatchers. Tukwila Fire Department will continue to provide the same level of service it provides now. 10. Again, the Tukwila Fire Department and the SeaTac Fire Department have a mutual aid agreement and provide service in each other's jurisdiction when called by dispatchers. Tukwila Fire Department will continue to provide the same level of service it provides now. 11. The Tukwila South Annexation applicant petitioned the City to annex its own land into the City of Tukwila. With the exception of a King County -owned storm pond and the Historical Society cemetery, the only property being annexed belongs to the property owner who requested the annexation. Other items which should be noted: The City's Potential Annexation Area (PAA) is the area currently within King County, south of the current City limits, west of the Green River, north of S 204th Street, and east of 1 -5. The determination that this area is most appropriately located within the city limits of the City of Tukwila was made years ago in response to the Growth Management Act. At King County's urging, the City Council adopted Resolution 1561 on November 1, 2004 which states: "Section 1. Within three weeks after the area described in Exhibit A (Tukwila South annexation area) becomes contiguous to the City of Tukwila, the City Council will adopt a resolution commencing negotiations pursuant to RCW 35A.13.460 for an interlocal agreement between the City and King County to accomplish the annexation of the area described in Exhibit B (area between Orillia Road and 1 -5) to the City, and directing staff to complete said negotiations on an expedited basis. Within six weeks of approval of said negotiated interlocal agreement by the City and King County, the City will adopt an ordinance providing for the annexation of the area described in Exhibit B, which ordinance shall provide for an effective date of annexation not later that sixty (60) days after adoption of the ordinance." (italics added) The City intends to annex the remaining portion of the Potential Annexation Area as noted above. The Environmental Impact Statement for the Tukwila South Project determined the necessity to relocate Tukwila's Fire Station 51 (Headquarters Station) to the vicinity of S 180th so that it would be more centrally located within its service area. The Tukwila South Project Development Agreement provides for donation by La Pianta LLC of up to three acres of land in area just south of S 180th Street along Southcenter Parkway for the relocated station. Construction funds will be raised through fire impact fees. 1 8 W:12009 InfoMemoslInfoMemo Annex FD#24 response 6- 15- 09.doc INFORMATIONAL MEMO Page 3 RECOMMENDATION Accept any testimony at the Tukwila South Annexation public hearing, close the hearing, deliberate on the annexation, and take action on the annexation ordinance at the Council's Regular Meeting on June 15. ATTACHMENTS Letter from Gierke, Curwen, Dynan & Jones, PS (distributed at public hearing on June 8) Resolution 1561 Ordinance in final form W:12009 InfoMemoslInfoMemo Annex FD#24 response 6- 15 -09.doc 19 LAW OFFICES Gierke, Curwen, Dynan & Jones, P.S. TACOMA OFFICE 2102 NORTH PEARL STREET SUITE 400, BUILDING D TACOMA, WA 98406 -2550 253 - 752 -1600 / 253 - 383 -3761 TOLL FREE: 877 - 797 -1600 FACSIMILE: 253- 752 -1666 GREGORY B. CURWEN 2 MARK J. DYNAN CLARENCE C. JONES JR. ` MARK W. CONFORTI ELIZABETH C. THOMPSON 1'3'5 ROBERT L. BOWMAN 7 CHRISTI C. GOELLER KIMBERLY J. COX MATHEW D. MARINELLI Christy O'Flaherty, CMC City Clerk City of Tukwila 6200 Southcenter Blvd. Tukwila, WA 98188 SEATTLE OFFICE WELLS FARGO CENTER 999 THIRD AVENUE SUITE 2525 SEATTLE, WA 98104 -4089 TOLL FREE: 877 - 797 -1600 FACSIMILE: 253 - 752 -1666 REPLY TO: TACOMA OFFICE June 8, 2009 RECEIVED JUN 0 8 2009 CITY OF TUKWILA CITY CLERK Eive, irl '� GO;•. BRADFORD M. GIERKE (1937 -1995) HUGO METZLER, JR. (1911 -1995) 1 Also admitted in the District of Columbia 2Also admitted in Georgia 3Also admitted in Hawaii 4Also admitted in Illinois 5AIso admitted in Maryland Also admitted in Oregon 7Also admitted in Minnesota °Also admitted in California Lisa Verner Tukwila South Project Manager City of Tukwila 6200 Southcenter Blvd. Tukwila, WA 98188 Re: Tukwila South Project Annexation (259 Acres) First Bonding Special District: King County Fire Protection District #24 Date of Hearing: 6/8/09 Our File No.: 09 -5675 Dear Clerk O'Flaherty, Ms. Verner, and Members of the Tukwila City Council: Our firm represents King County Fire Protection District #24 with regard to the proposed annexation of approximately 74 percent of the Fire District's current area located in unincorporated King County adjacent to the current municipal boundaries for the City of Tukwila. As an involved special district operating pursuant to the provisions of RCW 52.14, the Fire District wishes to raise issues that would be impacted by Tukwila's annexation of substantially all of the Fire District. It does not appear from the City's Land Use File that the City of Tukwila ever sent a copy of their revised annexation plan to KCFPD #24, even though the District responded to Tukwila's first EIS Statement in 2005. The City's first version of the EIS did not include the Fire District's comments or remarks. The City of SeaTac is the only jurisdiction with statutory responsibility to provide continued and ongoing fire and EMS services to the District as a result of its incorporation of approximately 98 percent of the original Fire District's territory. That contract calls for all residual funds at the end of each budget year to go to the City of SeaTac to fund the District's proportionate cost of fire and EMS service within the Fire District. Because it still has taxing authority, the District pays for regular commissioner meetings as required by law for public access, county elections, liability insurance, potential legal expenses, required state audits, advertising, annual taxes, and budget meetings. This typically results in only a nominal residual left for the City of SeaTac. The Fire District is, however, contractually obligated to pay this sum to the City of )\s ,a..Ted 0 cvu „te, L, 1-1 y,e, Cry Ao „,d c try 61-o do . )67---4-.w� .+� 'a . t G c Christy O'Flaherty, CMC Lisa Verner June 8, 2009 Page 2 SeaTac. Following the proposed Tukwila South Annexation, the Fire District will have essentially the same costs but only 25 percent of the revenue that currently exists. The City and the annexing developer have requested that the Boundary Review Board remove an area including the proposed annexation area east of Orillia Road, a major arterial and natural boundary, as well as a residual area west of the arterial. This will produce fire and EMS service impacts. Those impacts will become even more acute when 74 percent of the revenue is removed from Fire District #24 for providing services to the remaining residential area on the steep hillside west of Orillia Road. The cost to provide the necessary infrastructure to contract for services from the City of SeaTac for this area will remain essentially the same. Furthermore, the topography of an even smaller island left due to the proposed developer - driven annexation creates unique circumstances which are exacerbated by the lack of fire hydrants on the west side of Orillia Road. The grades to some properties limit the type of fire equipment apparatus which may be deployed to a fire, and the lack of hydrants within standard distances further complicate fire operations. Additionally, the topographical issues create a greater than normal concern for fire and EMS response time, which has progressively gotten worse over the last few years. While these conditions currently exist, it will become even more difficult to fund the required minimal fire and EMS services and to correct some of the fire support deficiencies due to the significant reduction in levy capacity and the loss of reserves designed to accomplish these functions. The annexation will significantly draw down Fire District #24 assets, which were set aside for improving future response time and/or access to fire hydrants. It is the District's position that fire hydrants should be installed on the west side of Orillia Road to provide minimal acceptable service to the above properties, to reduce response time, to place water on a fire, and to prevent the shutting down of Orillia Road by extending hose supply lines from existing hydrants on the east side of Orillia Road. This will be particularly true for any fire department response coming from Tukwila Fire Services. The following are the specific concerns which KCFPD #24 wishes the City of Tukwila to address, which have not been otherwise addressed by the City's earlier materials and EIS on this annexation project: 1. Tukwila will ultimately receive a major portion of the District #24 reserve as a result of the transfer of a like portion of the District's assessed value. Will the City of Tukwila use those funds to provide two hydrants on the west side of Orillia Road, which will result in all properties being within 1000 feet of a fire hydrant, which is standard spacing in typical residential neighborhoods? 2. Currently, Orillia Road between the proposed annexation area and the remaining unincorporated area of District #24 is a heavily traveled and important commercial route between the airport and valley industry, and is located in the County. Will fire and EMS Services be assumed by Tukwila for this section of the arterial? If not, who 22 Christy O'Flaherty, CMC Lisa Verner June 8, 2009 Page 3 then will be responsible for emergency services, and the municipal liability for lack of timely fire and EMS services in this section? For any of the portion of KCFPD #24 covered by the proposed Tukwila South Annexation Project, will the Tukwila Fire Department provide a minimum of Class Three fire and EMS service following the annexation? 3. How will the City of Tukwila address the KCFPD #24's financial contractual obligation to the City of SeaTac for payment of services to SeaTac if Tukwila annexes 75 percent of the tax base? KCFPD #24 is contractually obligated to reimburse the City of SeaTac for certain fire and EMS services substantially west of the current annexation boundary. With insufficient expense funds, it would be unable to fulfill its contractual responsibility to the City of SeaTac to fund the proportionate cost of fire and EMS service to this remaining portion of the District not impacted by the annexation. The reserve funds have been set aside for capital needs such as a small station, or the above mentioned fire hydrants. The expense fund holds all the taxes collected in current years for current operating expenses. 4. Most of the District #24 expense fund is necessary to provide the legal infrastructure to operate the fire district. Even if Tukwila agrees to provide fire/EMS service, there would still be a need for the expense fund taxes at relatively the same amount to support the required minimal activity of the District to legally collect taxes and contract for fire/EMS service, and to protect the citizens' interest from potential litigation. Without adequate funding, KCFPD #24 would be unable to legally operate and to fulfill its legal obligation to assess and collect taxes with a three- person commission if substantially all of the tax revenue generated is removed to the City of Tukwila with no commensurate fire and EMS service available to certain District residents. 5. FEMA has suggested an increased flood plain. While this has not yet been resolved, some agencies in the region believe that the flood zone should be increased, commensurate with the formula used on the larger, east side of the Green River. The Corps of Engineers have stated various river levees, including some of those in the vicinity of this proposal, are weak; and last January the Corps of Engineers allowed additional flooding in the Pacific area as a result of a breach in an area adjacent to the Howard Hansen Dam. The Corps has not yet clarified when that will be repaired but has stated that until it is, there is likelihood that many areas, which have previously been protected by the river levees, may see flooding. As a result of these concerns, some jurisdictions have placed a moratorium on construction until these engineering decisions have been resolved. Has Tukwila considered the potential for interruption of fire and EMS services to the annexed and adjacent areas such as Orillia Road and Fire District #24 should failures of some sort occur in the horseshoe bend or adjacent areas under such a circumstance? The City also has potential interruption of service due to train activity from the south fire station at present. 23 Christy O'Flaherty, CMC Lisa Verner June 8, 2009 Page 4 6. Does the City of Tukwila have in place a pre - existing agreement with the City of SeaTac to respond to the areas of District #24 within and outside the proposed annexation area? If so, has the City of Tukwila determined if the City'. s apparatus can navigate the steep, narrow drives leading to the homes west of Orillia Road located on the steep hillside, with some areas of restrictive points of departure? Will the City of Tukwila Fire Department be able to provide appropriate 4 minute EMS and 5 minute fire response times to that portion of KCFPD #24's current residents who are planned to be covered by the annexation area or who fall just outside of that area and are not otherwise adequately served by the City of SeaTac? 7. Has the City of Tukwila addressed the issue of emergency closure of Orillia Road to provide access to existing fire hydrants on South 200th Street when a residential fire occurs on the west side of Orillia Road? Has Tukwila considered the lack of adequate fire hydrants on the west side of Orillia Road and the current inability to provide emergency water support service for fire apparatus to the residents in that area? 8. The City of SeaTac is relocating their headquarters station to South 170th Street from the former 200th Street Station, which will become a satellite station with reduced equipment and manpower staffing. Response time into the District #24 area has already slowed significantly due to changes in fire and EMS dispatch operations over the years. The move of more resources to the 170th Street station may further diminish response times into the Orillia Corridor during most hours of the day. How will the City of Tukwila address this issue if SeaTac is unable to provide timely Class 3 or Class 4 response time for fire and EMS services to protect portions of Fire District #24? 9. The annexation of substantially 75 percent of KCFPD #24 by the City of Tukwila will exclusively benefit those on the floor of the valley to the detriment of those residents on the unincorporated hillside of the current KCFPD #24. Money paid in by those KCFPD #24 taxpayers to their reserve fund should directly benefit the area within which the District assessed and collected tax revenue; those funds should be dedicated to that portion of KCFPD #24 included in this proposed annexation. If the City does not intend to make this commitment, how does it intend to address the fact that the residents' tax revenue, legally assessed and collected by Fire District #24 and currently dedicated to the residents of the District #24 area, is going to be commingled with other City of Tukwila tax revenue without guaranteeing that the current Fire District #24 residents will receive a commensurate value in service from the City of Tukwila? 10. As you know, the area set to be annexed from KCFPD #24 to the City of Tukwila is essentially at the apex of a confluence of four separate municipalities: King County, the City of SeaTac, the City of Tukwila, and the City of Kent. The responsibility of the annexing municipality to provide critical fire and EMS service must be 24 Christy O'Flaherty, CMC Lisa Verner June 8, 2009 Page 5 recognized and assured, as well as the impact this annexation will have over those KCFPD #24 residents not currently envisioned in the annexation process that risk having essential fire and EMS services significantly impacted by an annexation that does not touch the other 24 percent of the Fire District's boundary area. The Legislature has, however, recognized the duty and the obligation of the annexing municipality to take these and other factors into consideration under RCW 35A.14.001. 11. It is important for the City of Tukwila not to lose sight of the fact that this is essentially a one corporate owner, one - proponent annexation process, in which the City has taken the position that there are only two really interested parties, the City of Tukwila and La Pianta, LLC for the Tukwila South Development. The proposed annexation, however, does carry some degree of risk and a recognizable impact to both residents and constituents of KCFPD #24 who will be omitted from the annexation process. The net result of the proposed annexation to the remaining Fire District #24 residents in a small district without an adequate tax base and reserve fund will jeopardize the District's ability to pay SeaTac or Tukwila for fire and EMS services for residents in the former Fire District #24 area. It should be pointed out that this particular area sought to be annexed by the City of Tukwila was left out of the original SeaTac incorporation by the Boundary Review Board at the express request of the City of Tukwila. King County Fire Protection District #24 respectfully requests that the City of Tukwila address the issues outlined by KCFPD #24 with regard to this Petition for Annexation and not allow a major developer's financial interests to totally override the interests of those residents and constituents within Fire District #24 to be included in the annexation and those omitted from it. Very truly yours, GBC:sw cc: Chief James Adsley, Ret. KCFPD #24 Investment Officer /Contract Administrator Chris Bauer, Commissioner, KCFPD #24 Alicia B. Pittinger, Commissioner, KCFPD #24 Violet Bauer, Commissioner, KCFPD #24 25 City of Tukwila Washington Resolution No. >�� (0 / A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, COMMITTING TO INITIATE AN ANNEXATION PROCESS FOR A CERTAIN UNINCORPORATED ISLAND OF TERRITORY AFTER SUCH ISLAND BECOMES CONTIGUOUS TO THE CITY. WHEREAS, the City has received a notice of intention to commence annexation proceedings related to the territory known as the La Pianta annexation area, the boundaries of which are described in Exhibit A, which is attached hereto and incorporated as if set forth in full; and WHEREAS, the City Council intends to authorize the circulation of an annexation petition for the La Pianta annexation area; and WHEREAS, the La Pianta annexation area lies within the Tukwila South Potential Annexation Area identified by the Tukwila Comprehensive Land Use Plan; and WHEREAS, the La Pianta annexation will reduce but not eliminate King County's obligation to provide municipal services to an area that is difficult for the County to serve due to its size and isolation from other County service areas; and WHEREAS, the King County Countywide Planning Policies recognize cities as the appropriate provider of local urban services to urban areas; and WHEREAS, King County has indicated it will support the La Pianta annexation if the City commits to timely annex the remainder of its Tukwila South Potential Annexation Area, the boundaries of said remainder being described in Exhibit B, which is attached hereto and incorporated herein as if set forth in full; and WHEREAS, the City of Tukwila is willing to annex the area described in Exhibit B, but would like to delay action on this annexation until after a final resolution his been reached with respect to the La Pianta annexation area; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: Section 1. Within three weeks after the area described in Exhibit A becomes contiguous to the City of Tukwila, the City Council will adopt a resolution commencing negotiations pursuant to RCW 35A. 14.460 for an interlocal agreement between the City and King County to accomplish the annexation of the area described in Exhibit B to the City, and directing staff to complete said negotiations on an expedited basis. Within six weeks of approval of said negotiated interlocal agreement by the City and King County, the City will adopt an ordinance providing for the annexation of the area described in Exhibit B, which ordinance shall provide for an effective date of annexation not later than sixty (60) days after adoption of the ordinance. PASSED BY THE CITY C U�y CIL OF THE/CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this /Jr day of N.(51/ 11ne. __ _. , 2004. ATTEST /AUTHENTICATED: 1 Cantu, CMC, City Clerk APPROVED AS TO FORM BY: Office of the City Attorney Annexation Commitment 10/28/04 ouncil President Filed with the City Clerk: ` .29 • Passed by the City Council: Resolution Number: 27 "EXHIBIT A" (to resolution committing to initiate an annexation process...) THAT PORTION OF UNINCORPORATED KING COUNTY LYING SOUTH OF THE CITY OF TUKWILA DESCRIBED AS "THAT PORTION OF UNINCORPORATED KING COUNTY, WASHINGTON: BOUNDED ON :THE NORTH BY. THE CITY I G SOUTHERLY. • CITY LIMITS .OF TUKWILA, IN THE IMMEDIATE VICINITY OF THE SOUTH 188T" STREET INTER-CHANGE;. BOUNDED ON THE EAST BY THE WEST.IVIARGI'1 OF ORILLIA ROAD SOUTH; - BOUNDED .0,N. THE SOUTH BY THE CET E OF SOUTH.204s" STREET, EXTENDED WESTERLY T ITS POI WITH THE EXISTING • EASTERLY CITY LIMITS OF THE CITY OF SEATAC; AND • BOUNDED ON THE WITST BY THE CITY OF EASTERLY 'CITY LI IVI SEATAC." . • �4. 29 "EXHIBIT B" (to resolution committing to initiate an annexation process...) THAT PORTION OF UNINCORPORATED KING COUNTY LYING SOUTH OF THE CITY OF TUKWILA DESCRIBED AS FOLLOWS: "THAT PORTION OF UNINCORPORATED KING COUNTY, WASHINGTON: • BOUNDED. ON THE NORTH BY THE EXISTING SOUTHERLY CITY LIMITS OF THE • CITY OF TUKWILA RUNNING EASTERLY FROM. THE VICINITY ::OF ' • THE- SOUTH 188TH • STREET *INTERCHANGE TO THE INTERSECTION OF THE CITY LIMITS WITH THE GREEN RIVER; BOUNDED ON THE EAST. BY THE GREEN RIVER; BOUNDED ON 'THE SOUTH : BY THE • NORTH MARGIN OF SOUTH'204TH STREET; AND BOUNDED ON THE WEST BY THE WEST MARGIN OF ORILLIA ROAD SOUTH RUNNING NORTH TO THE INTERSECTION OF ORILLIA ROAD SOUTH WITH THE ' CITY . LIMITS • OF THE CITY OF TUKWILA IN THE VICINITY OF THE SOUTH 188TH STREET INTERCHANGE." I I%% I nNGC " • 30 OWNER'S PETITION FOR ANNEXATION TO THE CITY OF TUKWILA, WASHINGTON The Honorable Mayor and City Council City of Tukwila 6200 Southcenter Boulevard Tukwila WA, 98188 Dear Mayor and City Council: THE UNDERSIGNED, being the OWNER of greater than sixty percent (60 %) in value of the real property described on EXHIBIT A and listed in EXHIBIT D attached hereto lying contiguous to the City of Tukwila, Washington, does hereby petition that such territory be annexed to and made a part of the City of Tukwila, Washington under the provisions of RCW 35A.14, et seq., and any amendment thereto, of the State of Washington. The territory proposed to be annexed is located within King County, Washington and is described on EXHIBIT A attached hereto and depicted on EXHIBIT B by a diagram which outlines the boundaries of the property sought to be annexed, also attached hereto. At its regular meeting on January 18, 2005, the Tukwila City Council voted unanimously to accept the previous 10% Request for Annexation, to authorize the circulation of this Petition for Annexation (60% Petition), subject to the following conditions: 1. All property within the territory hereby sought to be annexed shall be subject to all City zoning and land use requirements immediately upon annexation, and 2. All property within the territory hereby sought to be annexed shall bear its proportionate share of existing city indebtedness. A copy of the minutes of that meeting is attached as EXHIBIT C. WHEREFORE, the undersigned respectfully petitions the Honorable City Council of the City of Tukwila and asks and agrees as follows: 1. That appropriate action be taken to entertain this petition, fixing a date for public hearing, causing notice to be published and posted specifying the time and place of 31 such hearing, and inviting all persons interested to appear and voice approval or disapproval of such annexation; and 2. That following such hearing and any other necessary approvals, the City Council determine by ordinance that such annexation shall be effective; and that property so annexed shall become a part of the City of Tukwila, Washington subject to its laws and ordinances immediately upon annexation. 3. That the zoning and land use regulations for the area proposed for annexation be amended consistent with the City's Comprehensive Plan and ordinances and the Development Agreement dated June 10, 2009 between the undersigned and the City of Tukwila, and that said zoning be implemented and effective immediately upon annexation. 4. That all property within the territory hereby sought to be annexed shall be assessed and taxed on the same basis as property within the City of Tukwila is assessed and taxed to pay for the portion of any then- outstanding indebtedness. WARNING: Every person who signs this petition with any other than his or her true name, or who knowingly signs more than one of these petitions, or signs a petition seeking an election when he or she is not a legal voter, or signs a petition when he or she is otherwise not qualified to sign, or who makes herein any false statement, shall be guilty of a misdemeanor. Date: June 10, 2009 PROPERTY OWNER: LA PIANTA LLC, a Washington Limited Liability Company By Metro Land Development, Inc., a Washington corporation, its Manager M.A. Segale, P ident 32 EXHIBIT A LEGAL DESCRIPTION OF THE ANNEXED PROPERTY PARCEL 352304 -9050: THAT PORTION OF GOVERNMENT LOT 7 IN SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., LYING NORTHWESTERLY OF COUNTY ROAD KNOWN AS 57TH AVENUE SOUTH; EXCEPT THAT PORTION THEREOF DESCRIBED AS FOLLOWS: BEGINNING AT AN IRON PIPE SET AT THE INTERSECTION OF THE NORTH LINE OF SAID GOVERNMENT LOT 7, WITH THE WEST LINE OF SAID COUNTY ROAD; THENCE WEST ALONG THE SAID NORTH LINE, 210 FEET, MORE OR LESS, TO AN IRON PIPE AT THE FOOT OF THE HILL; THENCE SOUTHERLY ALONG THE FOOT OF THE HILL 259 FEET, MORE OR LESS, TO AN IRON PIPE SET IN THE WESTERLY LINE OF THE SAID COUNTY ROAD; THENCE NORTHWESTERLY 313 FEET, MORE OR LESS, ALONG SAID COUNTY ROAD, TO THE TRUE POINT OF BEGINNING; SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON. PARCEL 352304 -9078: THAT PORTION OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST W.M., DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID SECTION 35; THENCE NORTH 05 °44' 13" EAST ALONG THE WESTERLY LIMIT OF SAID SECTION 833.82 FEET; THENCE SOUTH 87°57'17" EAST PARALLEL TO THE NORTH LINE OF SAID SUBDIVISION 433.99 FEET TO THE EASTERLY RIGHT - OF -WAY MARGIN OF PRIMARY STATE HIGHWAY NO. 1, SOUTH 188TH STREET INTERCHANGE, AND THE TRUE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE CONTINUING SOUTH 87°57'17" EAST 61.01 FEET; THENCE SOUTH 228.89 FEET TO A POINT ON SAID RIGHT -OF -WAY MARGIN OPPOSITE ENGINEER'S STATION JR 36 -00; THENCE SOUTH 82 °46'30" WEST 59.85 FEET; THENCE NORTH 07 °13'30" WEST 106.15 FEET; THENCE ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 315 FEET, AN ARC DISTANCE OF 134.83 FEET TO THE TRUE POINT OF BEGINNING; EXCEPT ANY PORTION, IF ANY, LYING WITHIN PRIMARY STATE HIGHWAY NO. 1 (SR5) (SOUTH 188TH STREET INTERCHANGE); SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 352304 -9041: THAT PORTION OF THE SOUTHWEST 'A OF THE SOUTHWEST '/4 AND OF GOVERNMENT LOT 7 IN SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE EASTERLY LINE OF THE COUNTY ROAD IN GOVERNMENT LOT 7 OF SAID SECTION, 33 FROM WHICH POINT THE SOUTHWEST CORNER OF SAID SECTION 35, BEARS SOUTH 00° 56' 40" WEST 1,048.79 AND NORTH 89° 03' 20" WEST 1,656.75 FEET, MEASURED RESPECTIVELY AT RIGHT ANGLES TO AND ALONG THE SOUTH LINE OF SAID SECTION; THENCE SOUTH 08° 13' 05" EAST 36.70 FEET; THENCE SOUTH 19° 59' 25" WEST 520.10 FEET; THENCE SOUTH 73° 05' 40" EAST 233.32 FEET; THENCE NORTH 16° 29' 55" EAST 474.00 FEET; THENCE SOUTH 64° 17' 20" EAST 232 FEET, MORE OR LESS, TO THE BANK OF THE GREEN RIVER; THENCE SOUTHERLY AND EASTERLY, ALONG SAID RIVER BANK, TO THE SOUTH LINE OF SAID SECTION 30; THENCE NORTH 89° 03' 20" WEST ALONG SAID SOUTH LINE TO THE EASTERLY LINE OF SAID COUNTY ROAD; THENCE NORTHERLY FOLLOWING SAID ROAD LINE TO THE POINT OF BEGINNING; EXCEPT THAT PORTION DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID SECTION 35; THENCE SOUTH 87° 58' 28" EAST 1,312.95 FEET, ALONG THE SOUTH LINE THEREOF, TO A POINT ON THE EASTERLY LINE OF FRAGER ROAD (40.00 FEET WIDE); THENCE NORTH 01° 54' 58" WEST 145.53 FEET ALONG SAID LINE; THENCE ALONG THE CENTERLINE OF A 20.00 FOOT WIDE EASEMENT FOR PURPOSES OF INGRESS AND EGRESS, THE FOLLOWING COURSES AND DISTANCES: NORTH 88° 05' 02" EAST 131.00 FEET TO THE BEGINNING OF A 50.00 FOOT RADIUS CURVE TO THE LEFT; THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 62° 10' 00" AND AN ARC LENGTH OF 54.25 FEET; THENCE NORTH 25° 55' 02" EAST 13.34 FEET TO THE BEGINNING OF A 50.00 FOOT RADIUS CURVE TO THE RIGHT; THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 83° 13' 26" AND AN ARC LENGTH OF 44.41 FEET; THENCE SOUTH 70° 51' 32" EAST 121.13 FEET TO THE END OF SAID EASEMENT; THENCE SOUTH 19° 08' 28" WEST 10.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUE SOUTH 19° 08' 28" WEST 100.00 FEET; THENCE NORTH 70° 51' 32" WEST 100.00 FEET; THENCE NORTH 19° 08' 28" EAST 100.00 FEET; THENCE SOUTH 70° 51' 32 " EAST 100.00 TO THE TRUE POINT OF BEGINNING; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 352304 -9117: THAT PORTION OF THE SOUTHEAST `/4 OF THE SOUTHWEST 1/4 OF SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST W.M., DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID SECTION 35; THENCE SOUTH 87 °58'28" EAST 1,312.95 FEET, ALONG THE SOUTH LINE THEREOF, TO A POINT ON THE EASTERLY LINE OF FRAGER ROAD (40.00 FEET WIDE); THENCE NORTH 01 °54'58" WEST 145.53 FEET ALONG SAID LINE; THENCE ALONG THE CENTERLINE OF A 20.00 FOOT WIDE EASEMENT FOR PURPOSES OF INGRESS AND EGRESS THE FOLLOWING COURSES AND DISTANCES; NORTH 88 °05'02" EAST 131.00 FEET TO THE BEGINNING OF A 50.00 FOOT RADIUS CURVE TO THE LEFT; THENCE, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 62 °10'00" AND AN ARC LENGTH OF 54.25 FEET; THENCE NORTH 25 °55'02" EAST 13.34 FEET TO THE BEGINNING OF A 50.00 34 FOOT RADIUS CURVE TO THE RIGHT; THENCE, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 83 °13'26" AN ARC LENGTH OF 44.41 FEET;THENCE SOUTH 70 °51'32" EAST 121.13 FEET TO THE END OF SAID EASEMENT; THENCE SOUTH 19 °08'28" WEST 10.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUE SOUTH 19 °08'28" WEST 100.00 FEET; THENCE NORTH 70 °51'32" WEST 100.00 FEET; THENCE NORTH 19 °08'28" EAST 100.00 FEET; THENCE SOUTH 70 °51'32" EAST 100.00 FEET TO THE POINT OF BEGINNING; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 022204 -9037: THAT PORTION OF GOVERNMENT LOTS 10 AND 11 IN SECTION 2, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING ON THE NORTH LINE OF SAID SECTION, AT A POINT SOUTH 89° 03' 20" EAST, 1,314.12 FEET FROM THE NORTHWEST CORNER THEREOF; THENCE SOUTH 77° 19' 20" EAST 269.06 FEET; THENCE SOUTH 15° 04' 10" WEST 311.46 FEET; THENCE SOUTH 88° 33' 10" WEST 198.77 FEET; THENCE NORTH 02° 41' 45" EAST 140.14 FEET; THENCE NORTH 72° 37' 15" WEST TO THE EAST LINE OF THE 40 FOOT COUNTY ROAD, AS ESTABLISHED AND USED ON APRIL 30, 1951 ` FRAGER ROAD'; THENCE NORTHERLY ALONG SAID EASTERLY ROAD LINE TO THE NORTH LINE OF SAID SECTION; THENCE EAST ALONG SAID NORTH SECTION LINE TO THE POINT OF BEGINNING; EXCEPT THAT PORTION THEREOF LYING SOUTHERLY AND EASTERLY OF THE FOLLOWING DESCRIBED LINE: BEGINNING ON THE EASTERLY LINE OF SAID TRACT, AT A POINT 164.83 FEET SOUTHERLY OF THE NORTHEAST CORNER THEREOF; THENCE NORTH 74° 01' 20" WEST 96.81 FEET; THENCE NORTH 67° 09' 20" WEST 131.54 FEET; THENCE SOUTH 05° 44' 15" WEST 225.46 FEET TO THE SOUTHERLY LINE OF SAID TRACT AND THE TERMINUS OF SAID LINE; AND EXCEPT THAT PORTION, IF ANY, LYING WITHIN FRAGER ROAD; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 022204 -9040: THAT PORTION OF GOVERNMENT LOTS 10 AND 11 IN SECTION 2, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTH LINE OF SAID SECTION, FROM WHICH POINT THE NORTHWEST CORNER THEREOF BEARS NORTH 89° 03' 20" WEST, A DISTANCE OF 1,314.12 FEET; THENCE SOUTH 77° 19' 20" EAST, 269.06 FEET; THENCE SOUTH 15° 04' 10" WEST, 164.83 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING SOUTH 15° 04' 10" WEST 146.63 FEET; THENCE SOUTH 88° 33' 10" WEST 198.77 FEET; THENCE NORTH 05° 44' 15" EAST 225.46 FEET; THENCE SOUTH 67° 09' 20" EAST, 131.54 FEET; THENCE SOUTH 74° 01' 20" EAST, 96.81 FEET TO THE TRUE POINT OF BEGINNING; 35 EXCEPTING THEREFROM ANY PORTION OF FRAGER COUNTY ROAD, IF ANY, THAT LIES WITHIN THE LAND HEREINABOVE DESCRIBED; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 022204 -9033: THAT PORTION OF GOVERNMENTS LOTS 10 AND 11 IN SECTION 2, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE WEST LINE OF SAID SECTION 2, FROM WHICH THE NORTHWEST CORNER OF SAID SECTION BEARS NORTH 01° 55' 10" WEST, A DISTANCE OF 217.06 FEET; THENCE , ALONG SAID WEST LINE, SOUTH 01° 55' 10" EAST 343.94 FEET; THENCE NORTH 88° 04' 50" EAST, 181.50 FEET; THENCE SOUTH 01° 55' 10" EAST 347.90 FEET TO THE NORTH LINE OF THAT CERTAIN TRACT OF LAND CONVEYED TO JOSEPH GUNTER UNDER KING COUNTY RECORDING NO. 3526897; THENCE SOUTH 89° 38' 20" EAST, ALONG SAID NORTH LINE, AND THE SAME PRODUCED TO THE WESTERLY BANK OF GREEN RIVER; THENCE NORTHERLY AND EASTERLY, ALONG SAID RIVER BANK, TO THE NORTH LINE OF SAID SECTION 2; THENCE NORTH 89° 03' 20" WEST, ALONG SAID NORTH LINE, TO A POINT FROM WHICH THE NORTHWEST CORNER OF SAID SECTION BEARS NORTH 89° 03' 20" WEST, A DISTANCE OF 1,314.12 FEET; THENCE SOUTH 77° 19' 20" EAST, 269.06 FEET; THENCE SOUTH 15° 04' 10" WEST 311.46 FEET; THENCE SOUTH 88° 33' 10" WEST 198.77 FEET; THENCE NORTH 02 °41' 45" EAST 140.14 FEET; THENCE NORTH 72° 37' 15" WEST 373.20 FEET; THENCE SOUTH 57° 55' 05" WEST 320.85 FEET; THENCE SOUTH 73° 44' 00" WEST 208.18 FEET; THENCE SOUTH 17° 47' 50" WEST 250.67 FEET; THENCE NORTH 45° 27' 10" WEST 549.48 FEET, TO THE POINT OF BEGINNING; EXCEPT THAT PORTION THEREOF LYING WESTERLY OF THE EASTERLY MARGIN OF FRAGER ROAD; TOGETHER WITH THAT PORTION OF GOVERNMENT LOT 10 IN SECTION 2, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., LYING EASTERLY OF FRAGER ROAD, WESTERLY OF THE WESTERLY BANK OF THE GREEN RIVER, AND SOUTHERLY OF THE EASTERLY EXTENSION OF THE NORTH LINE OF THAT CERTAIN TRACT OF LAND CONVEYED TO JOSEPH GUNTER UNDER KING COUNTY RECORDING NO. 3526897; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 352304 -9016: THAT PORTION OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID SUBDIVISION; THENCE SOUTH 87 °59'06" EAST ALONG THE SOUTH LINE THEREOF 507.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 87 °59'06" EAST 328.00 FEET; THENCE NORTH 16 °56'40" EAST 262.12 FEET; THENCE NORTH 47 °11'37" WEST TO THE EASTERLY 36 RIGHT -OF -WAY MARGIN OF PRIMARY STATE HIGHWAY NO. 1; THENCE SOUTHERLY ALONG SAID MARGIN TO A POINT AT ITS INTERSECTION WITH THE NORTHEASTERLY LINE OF THAT CERTAIN TRACT OF LAND PREVIOUSLY CONVEYED BY DEED RECORDED IN VOLUME 1522 OF DEEDS, PAGE 526, UNDER KING COUNTY RECORDING NO. 2722034; THENCE SOUTHEASTERLY ALONG THE NORTHEASTERLY LINE OF SAID TRACT TO THE TRUE POINT OF BEGINNING; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 022204 -9008: THAT PORTION OF THE NORTHWEST 1/4 OF THE NORTHWEST V4 OF SECTION 2, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., LYING EASTERLY OF THE EASTERLY RIGHT OF WAY MARGIN OF PRIMARY STATE HIGHWAY NO. 1, WESTERLY OF FRAGER ROAD (MESS COUNTY ROAD NO. 76), SOUTHERLY OF THE NORTH LINE OF SAID SECTION 2, AND NORTHERLY OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT THE NORTHWEST CORNER OF SAID SECTION 2; THENCE SOUTH 87° 59' 06" EAST, ALONG THE NORTH LINE OF SAID SECTION, TO THE WESTERLY MARGIN OF FRAGER ROAD (MESS COUNTY ROAD NO. 76); THENCE SOUTHERLY ALONG SAID MARGIN, SOUTH 01° 53' 23" EAST, 15.28 FEET; THENCE CONTINUING SOUTH ALONG SAID MARGIN, ALONG A CURVE TO THE RIGHT, HAVING A RADIUS OF 1,780.00 FEET, THROUGH A CENTRAL ANGLE OF 06° 10' 20 ", AN ARC DISTANCE OF 191.75 FEET TO THE TRUE POINT OF BEGINNING OF SAID LINE; THENCE NORTH 72° 37' 15" WEST 338.36 FEET; THENCE SOUTH 57° 55' 05" WEST 320.85 FEET; THENCE SOUTH 73° 44' 15" WEST 208.18 FEET; THENCE SOUTH 17° 47' 50" WEST 250.67 FEET; THENCE NORTH 45° 27' 10" WEST TO THE SOUTHEASTERLY RIGHT OF WAY MARGIN OF PRIMARY STATE HIGHWAY NO. 1, AND THE TERMINUS OF SAID LINE; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 352304 -9066: THAT PORTION OF THE SOUTHWEST 1/4 OF SOUTHWEST 1/4 OF SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING AT INTERSECTION OF EASTERLY MARGIN OF ORILLA COUNTY ROAD EXTENSION WITH SOUTH LINE OF SUBDIVISION; THENCE EAST ALONG SOUTH LINE 245 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING EAST ALONG SOUTH LINE TO A POINT 507 FEET EASTERLY OF SOUTHWEST CORNER OF SECTION; THENCE NORTH 26 °48'20" WEST TO NORTH LINE OF SOUTH 125 FEET OF SUBDIVISION; THENCE NORTH 87 °58'28" WEST 86 FEET, MORE OR LESS; THENCE SOUTH 15 °00'00' EAST TO BEGINNING; EXCEPT THAT PORTION LYING WITHIN PRIMARY STATE HIGHWAY NO. 1 (SR 5) (SOUTH 188TH STREET INTERCHANGE); SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. 37 PARCEL 352304 -9065: THAT PORTION OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING AT INTERSECTION OF EASTERLY MARGIN OF ORILLA COUNTY ROAD EXTENSION WITH SOUTH LINE OF SUBDIVISION; THENCE SOUTH 87 °58'28" EAST 165 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 87 °58'28" EAST 80 FEET; THENCE NORTH 15 °00'00" WEST TO NORTH LINE OF SOUTH 125 FEET OF SAID SUBDIVISION; THENCE NORTH 87 °58'28" WEST 80 FEET; THENCE SOUTH 15 °00'00' EAST TO THE TRUE POINT OF BEGINNING; EXCEPT THAT PORTION LYING WITHIN PRIMARY STATE HIGHWAY NO. 1 (SR5) (SOUTH 188TH STREET INTERCHANGE); SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 022204 -9043: THAT PORTION OF GOVERNMENT LOT 10 IN SECTION 2, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTH LINE OF SAID SECTION 2, WHICH IS SOUTH 87° 59' 06" EAST 835.00 FEET FROM THE NORTHWEST CORNER OF SAID SECTION 2; THENCE SOUTH 42° 48' 17" EAST 165.27 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 57° 55' 05" WEST 320.85 FEET; THENCE SOUTH 73° 44' 15" WEST 208.18 FEET; THENCE SOUTH 17° 47' 50" WEST 250.67 FEET; THENCE SOUTH 45° 27' 10" EAST 216.97 FEET; THENCE SOUTH 31° 12' 21" WEST 731.63 FEET; THENCE SOUTH 88° 43' 44" EAST 896.82 FEET TO THE WESTERLY MARGIN OF MESS COUNTY ROAD NO. 76 (FRAGER ROAD) AND A POINT ON THE ARC OF A CURVE, FROM WHICH THE RADIUS POINT BEARS NORTH 74° 07' 22" WEST, A DISTANCE OF 710.00 FEET; THENCE NORTHEASTERLY ALONG SAID WESTERLY MARGIN, ALONG A CURVE TO THE LEFT, THROUGH A CENTRAL ANGLE OF 01° 58' 59 ", HAVING A RADIUS OF 710.00 FEET, AN ARC DISTANCE FO 24.57 FEET; THENCE NORTH 13° 53' 39" EAST 353.86 FEET TO A POINT ON A CURVE TO THE LEFT, HAVING A RADIUS OF 1,090.00 FEET, THROUGH A CENTRAL ANGLE OF 06° 30' 49 ", AN ARC DISTANCE OF 123.92 FEET; THENCE NORTH 07° 22' 50" EAST 584.35 FEET TO A POINT OF CURVE; THENCE ALONG A CURVE TO THE LEFT, HAVING A RADIUS OF 1,780.00 FEET, THROUGH A CENTRAL ANGLE OF 03° 05' 53 ", AN ARC DISTANCE FO 96.25 FEET; THENCE NORTH 72° 37' 15" WEST 338.36 FEET TO THE TRUE POINT OF BEGINNING; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 022204 -9057: THAT PORTION OF GOVERNMENT LOT 10 IN THE NORTHWEST 1/4 OF THE NORTHWEST 'A OF SECTION 2, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., BEING MORE PARTICULARILY DESCRIBED AS FOLLOWS: BEGINNING AT 38 THE NORTHWEST CORNER OF SAID SECTION 2; THENCE SOUTH 01° 09' 08" EAST 217.06, ALONG THE WEST LINE OF SECTION 2, TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 45° 27' 10" EAST 766.45 FEET; THENCE SOUTH 31° 12' 21" WEST 731.63 FEET; THENCE SOUTH 88° 45' 19" EAST 896.82 FEET TO THE WEST MARGIN OF FRAGER ROAD; THENCE SOUTHERLY ALONG SAID WEST MARGIN OF FRAGER ROAD, TO THE SOUTH LINE OF SAID NORTHWEST 1/4 OF THE NORTHWEST 1/4; THENCE WEST ALONG SAID SOUTH LINE TO THE WEST LINE OF SAID NORTHWEST 1/4 OF THE NORTHWEST 1/4; THENCE NORTH ALONG SAID WEST LINE TO THE TRUE POINT OF BEGINNING; EXCEPT THAT PORTION THEREOF, DESCRIBED AS: BEGINNING AT THE NORTHWEST CORNER OF SAID SECTION 2, PROCEED SOUTH 01° 09' 08" EAST 1,392.41, ALONG THE WEST LINE OF SECTION 2, TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 88° 45' 19" EAST 145.55 FEET TO THE SOUTHWEST CORNER OF THE M. A. SEGALE PROPERTY AS SHOWN ON THE RECORDED SURVEY NO. 7707280568, FILED IN VOLUME 4 OF SURVEYS, PAGE 239, RECORDS OF KING COUNTY; THENCE SOUTH 11° 41' 30" WEST 352.30;THENCE SOUTH 78° 09' 50" WEST 236.01 FEET; THENCE NORTH 29° 00' 00" WEST 99.12 FEET; THENCE NORTH 11° 26' 35" EAST 51.27 FEET; THENCE NORTH 36° 52' 33" EAST 324.55 FEET TO THE TRUE POINT OF BEGINNING; AND EXCEPT THAT PORTION THEREOF, DESCRIBED AS FOLLOWS: BEGINNING ON THE WEST LINE OF SAID SECTION 2, AT A POINT SOUTH 01° 55' 10" EAST 812.83 FEET FROM THE NORTHWEST CORNER THEREOF; THENCE NORTH 37° 42' 25" EAST 12.78 FEET; THENCE SOUTH 42° 49' 45" EAST 193.04 FEET; THENCE SOUTH 30° 11' 35" WEST 85.52 FEET; THENCE NORTH 58° 59' 10" WEST 104.89 FEET TO THE WEST LINE OF SAID SECTION 2; THENCE NORTH 01° 55' 10" WEST 150.65 FEET TO THE POINT OF BEGINNING; AND EXCEPT THAT PORTION WITHIN PRIMARY STATE HIGHWAY NO. 1 (INTERSTATE HIGHWAY NO. 5); SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 032204 -9047: THAT PORTION OF THE NORTHEAST 1/4 OF THE NORTHEAST 'A IN SECTION 3, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., LYING SOUTHEASTERLY OF ORILLIA ROAD EXTENSION COUNTY ROAD AND PRIMARY STATE HIGHWAY NO. 1 (INTERSTATE 5); EXCEPT THAT PORTION THEREOF LYING WITHIN THE FOLLOWING DESCRIBED TRACT: BEGINNING AT THE NORTHWEST CORNER OF SECTION 2 IN SAID TOWNSHIP 22 NORTH; THENCE PROCEED SOUTH 01° 09' 08" EAST, 1,392.41 FEET ALONG THE WEST LINE OF SAID SECTION 2, TO THE POINT OF BEGINNING; THENCE SOUTH 88° 45' 19" EAST 145.55 FEET TO THE SOUTHWEST CORNER OF THE M.A. SEGALE PROPERTY AS SHOWN ON THE RECORDED SURVEY NO. 7707280568, FILED IN VOLUME 4 OF SURVEYS, PAGE 239, RECORDS OF KING COUNTY; THENCE SOUTH 11° 41' 30" WEST 352.30 FEET; 39 THENCE SOUTH 78° 09' 50" WEST 236.01 FEET; THENCE NORTH 29° 00' 00" WEST 99.12 FEET; THENCE NORTH 11° 26' 35" EAST 51.27 FEET; THENCE NORTH 36° 52' 33" EAST 324.55 FEET TO THE POINT OF BEGINNING; AND EXCEPT THAT PORTION THEREOF CONVEYED TO KING COUNTY BY DEED RECORDED UNDER RECORDING NO. 6013508; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 032204 -9106: A PORTION OF THE WEST'' /2 OF THE NORTHWEST 1/4 OF SECTION 2 AND THE EAST '/2 OF THE NORTHEAST 1/4 OF SECTION 3, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., BEING MORE PARTICULARILY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID SECTION 2, PROCEED SOUTH 01° 09' 08" EAST 1,392.41, ALONG THE WEST LINE OF SECTION 2, TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 88° 45' 19" EAST 145.55 FEET TO THE SOUTHWEST CORNER OF THE M. A. SEGALE PROPERTY AS SHOWN ON THE RECORDED SURVEY NO. 7707280568, FILED IN VOLUME 4 OF SURVEYS, PAGE 239, RECORDS OF KING COUNTY;THENCE SOUTH 11° 41' 30" WEST 352.30;THENCE SOUTH 78° 09' 50" WEST 236.01 FEET; THENCE NORTH 29° 00' 00" WEST 99.12 FEET; THENCE NORTH 11° 26' 35" EAST 51.27 FEET; THENCE NORTH 36° 52' 33" EAST 324.55 FEET TO THE TRUE POINT OF BEGINNING; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 023900 -0352: THAT PORTION OF GOVERNMENT LOT 6 IN SECTION 3, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., LYING EASTERLY OF ORILLIA ROAD SOUTH AS CONVEYED BY DEED RECORDED UNDER RECORDING NO. 6016781, AND NORTH OF SOUTH 200TH STREET; EXCEPT THAT PORTION THEREOF CONDEMNED IN KING COUNTY SUPERIOR COURT CAUSE NO. 98 -2- 18787 -5 KNT; (BEING ALSO KNOWN AS A PORTION OF LOTS 105 AND 106 IN ANGLE LAKE SHORE ACRES DIVISION 2 UNRECORDED); SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 032204 -9100: THE WEST 37 RODS (610.5 FEET) OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF SECTION 3, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M.; EXCEPT THOSE PORTIONS THEREOF CONVEYED TO KING COUNTY FOR ROAD PURPOSES BY DEEDS RECORDED UNDER RECORDING NOS. 1168064, 2751663, AND 6016780; AND EXCEPT THAT PORTION CONVEYED TO THE STATE OF WASHINGTON FOR PRIMARY STATE HIGHWAY NO. 1, BY DEED RECORDED UNDER RECORDING NO. 5191889; AND EXCEPT THAT PORTION LYING NORTHWESTERLY OF 51ST PLACE SOUTH (ORILLIA ROAD SOUTH); AND 40 EXCEPT THAT PORTION CONDEMNED BY THE CITY OF KENT, FOR RIGHT OF WAY IN KING COUNTY SUPERIOR COURT CAUSE NO. 98 -2- 18787 -5 KNT; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 032204 -9006: THE SOUTHEAST 1/4 OF THE NORTHEAST 'A OF SECTION 3, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M.; EXCEPT THE WEST 610.50 FEET CONVEYED TO THE SEATTLE AND WALLA RAILROAD AND TRANSPORTATION COMPANY BY DEED RECORDED UNDER VOLUME 9 OF DEEDS, PAGE 42; AND EXCEPT THE WEST 160 FEET OF THE EAST 709.5 FEET OF THE SOUTH 240 FEET OF SAID SUBDIVISION; AND EXCEPT THAT PORTION THEREOF LYING WITHIN THE FOLLOWING DESCRIBED TRACT, TO -WIT: BEGINNING AT THE NORTHWEST CORNER OF SECTION 2 IN SAID TOWNSHIP 22 NORTH, PROCEED SOUTH 01° 09' 08" EAST 1,392.41, ALONG THE WEST LINE OF SAID SECTION 2, TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 88° 45' 19" EAST 145.55 FEET TO THE SOUTHWEST CORNER OF THE M. A. SEGALE PROPERTY AS SHOWN ON THE RECORDED SURVEY NO. 7707280568, FILED IN VOLUME 4 OF SURVEYS, PAGE 239, RECORDS OF KING COUNTY; THENCE SOUTH 11° 41' 30" WEST 352.30; THENCE SOUTH 78° 09' 50" WEST 236.01 FEET; THENCE NORTH 29° 00' 00" WEST 99.12 FEET; THENCE NORTH 11° 26' 35" EAST 51.27 FEET; THENCE NORTH 36° 52' 33" EAST 324.55 FEET TO THE TRUE POINT OF BEGINNING; AND EXCEPT COUNTY ROAD (SOUTH 200TH STREET); AND EXCEPT THAT PORTION THEREOF CONVEYED TO THE CITY OF KENT FOR ROAD RIGHT - OF-WAYS AND STORM WATER RIGHT -OF -WAYS AND STORM WATER RIGHT -OF -WAY BY DEED RECORDED UNDER KING COUNTY RECORDING NO. 9705281237; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 032204 -9090: THE WEST 160 FEET OF THE EAST 709.5 FEET OF THE SOUTH 240 FEET OF THE SOUTHEAST 'A OF THE NORTHEAST'' 'A OF SECTION 3, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M.; EXCEPT THE WEST 20 FEET THEREOF; AND EXCEPT ANY PORTION OF THE COUNTY ROAD, IF ANY, THAT LIES WITHIN THE LAND HEREINABOVE DESCRIBED; AND EXCEPT THAT PORTION THEREOF CONVEYED TO THE CITY OF KENT FOR ROAD RIGHT -OF -WAYS BY DEED RECORDED UNDER KING COUNTY RECORDING NO. 9705281237; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 022204 -9011: THAT PORTION OF GOVERNMENT LOT 9 IN SECTION 2, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., LYING EASTERLY OF A LINE DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE WEST LINE OF SAID SECTION 2, 41 AT A POINT 1392.41 FEET SOUTH OF THE NORTHWEST CORNER THEREOF; THENCE SOUTH 88° 45' 19" EAST 145.55 FEET TO THE SOUTHWEST CORNER OF THE M. A. SEGALE PROPERTY, AS SHOWN ON THE RECORDED SURVEY UNDER KING COUNTY RECORDING NO. 7707280568 (VOLUME 4 OF SURVEYS, PAGE 239) AND THE COMMENCEMENT OF SAID LINE; THENCE SOUTH 11° 41' 30" WEST 352.30 FEET; THENCE SOUTH 78° 09' 50" WEST 68.29 FEET TO INTERSECTION WITH THE WEST LINE OF SAID SECTION 2 AND THE TERMINUS OF SAID LINE; EXCEPT THAT PORTION THEREOF DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF THE SOUTHWEST 1/4 OF THE NORTHWEST 'A OF SAID SECTION; THENCE NORTH 89° 16' 32" WEST ALONG THE EAST - WEST CENTERLINE OF SAID SECTION, 458.30 FEET; THENCE NORTH 02° 40' 47" EAST 53.72 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTH 02° 40' 47" EAST 68.04 FEET; THENCE NORTH 20° 24' 53" EAST 88.72 FEET; THENCE NORTH 49° 07' 02" EAST 82.00 FEET TO THE INTERSECTION WITH THE SOUTHWESTERLY MARGIN OF FRAGER ROAD; THENCE SOUTH 40° 52' 58" EAST, ALONG SAID SOUTHWESTERLY MARGIN, 117.97 FEET TO A POINT ON A CURVE FROM WHICH THE RADIAL CENTER BEARS SOUTH 49° 07' 02" WEST 798.51 FEET; THENCE SOUTHEASTERLY ALONG AN ARC OF SAID CURVE, CONCAVE TO THE SOUTHWEST, 93.58 FEET TO A POINT ON A NON - TANGENT CURVE FROM WHICH RADIAL CENTER BEARS SOUTH 84° 31' 00" WEST 40.00 FEET; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE, CONCAVE TO THE NORTHWEST, 67.17 FEET; THENCE NORTH 89° 16' 32" WEST 190.00 FEET TO THE TRUE POINT OF BEGINNING; AND EXCEPT ROADS; AND EXCEPT THAT PORTION THEREOF CONVEYED TO THE CITY OF KENT FOR ROAD RIGHT - OF-WAY AND STORM WATER RIGHT -OF WAY BY DEED RECORDED UNDER KING COUNTY RECORDING NO. 9705281237; AND EXCEPT THAT PORTION THEREOF CONVEYED TO THE CITY OF KENT FOR FRAGER ROAD RIGHT -OF- WAY BY DEED RECORDED UNDER RECORDING NO. 9705281238; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 022204 -9015: GOVERNMENT LOT 8 IN SECTION 2, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M.; EXCEPT THE SOUTH 40 FEET THEREOF TO KING COUNTY FOR ROADWAY AS RECORDED UNDER RECORDING NO. 258128; AND EXCEPT THE NORTH 22.8 FEET THEREOF TO KING COUNTY FOR ROADWAY AS RECORDED UNDER RECORDING NO. 1731274; AND EXCEPT THOSE PORTIONS THEREOF CONDEMNED UNDER KING COUNTY SUPERIOR COURT CAUSE NO. 47302 FOR DRAINAGE DITCHES BY THE BOARD OF COMMISSIONERS OF DRAINAGE DISTRICT NO. 2 OF KING COUNTY, WASHINGTON; AND EXCEPT 42 THAT PORTION THEREOF CONVEYED TO THE CITY OF KENT BY DEED RECORDED UNDER RECORDING NO. 9705231403; TOGETHER WITH THAT PORTION OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 3, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID SOUTHEAST 1/4 OF SECTION 3, (SAID POINT ALSO BEING THE NORTHWEST CORNER OF GOVERNMENT LOT 8 IN SECTION 2, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M.); THENCE SOUTH 00 °30'45" EAST ALONG THE EAST LINE OF SAID SOUTHEAST 1/4 OF SECTION 3, A DISTANCE OF 22.8 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 89 °54'02" WEST ALONG A LINE 22.8 FEET SOUTH OF AND PARALLEL TO THE EAST -WEST CENTER LINE OF SAID SECTION 3, A DISTANCE OF 711.96 FEET; THENCE SOUTH 00 °25'36" EAST, A DISTANCE OF 1,264.25 FEET TO A POINT 40 FEET NORTH OF THE SOUTH LINE OF SAID NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 3; THENCE NORTH 89 °40'00" EAST ALONG A LINE 40 FEET NORTH OF AND PARALLEL TO THE SOUTH LINE OF SAID NORTHEAST 1/4 OF THE SOUTHEAST 1/4, A DISTANCE OF 713.84 FEET TO THE EAST LINE OF SAID SOUTHEAST 1/4 OF SECTION 3; THENCE NORTH 00 °30'45" WEST ALONG SAID EAST LINE, A DISTANCE OF 1,262.59 FEET TO THE TRUE POINT OF BEGINNING; EXCEPT THOSE PORTIONS THEREOF CONDEMNED UNDER KING COUNTY SUPERIOR COURT CAUSE NO. 47302 FOR DRAINAGE DITCHES BY THE BOARD OF COMMISSIONERS OF DRAINAGE DISTRICT NO. 2 OF KING COUNTY, WASHINGTON; AND EXCEPT THAT PORTION THEREOF CONVEYED TO THE CITY OF KENT BY DEED RECORDED UNDER RECORDING NO. 9705231403; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 032204 -9092: THAT PORTION OF THE SOUTHEAST 1/4 OF SECTION 3, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING AT THE EAST QUARTER CORNER OF SAID SECTION 3, TURNING THENCE SOUTH 89° 11'06" WEST ALONG THE NORTH LINE OF THE SOUTHEAST 'A OF SAID SECTION 3, A DISTANCE OF 723.80 FEET; THENCE SOUTH 01° 11' 00" EAST 30 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 01° 11' 00" EAST 300 FEET; THENCE SOUTH 89° 11' 06" WEST, PARALLEL WITH SAID NORTH LINE, 220 FEET; THENCE NORTH 01° 11' 00" WEST 300 FEET TO THE SOUTH LINE OF THE NORTH 30 FEET OF SAID SOUTHEAST 'A; THENCE NORTH 89° 11' 06" EAST 220 FEET TO THE TRUE POINT OF BEGINNING; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 032204 -9093: 43 THAT PORTION OF SOUTHEAST 1/4 OF SECTION 3, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING AT A POINT 30 FEET SOUTH AND 723.80 FEET WEST OF THE NORTHEAST CORNER OF SOUTHEAST 1/4; THENCE SOUTH TO THE NORTH LINE OF SOUTH 204TH STREET; THENCE WEST 746 FEET; THENCE NORTH TO A POINT 527.5 FEET SOUTH OF THE NORTH LINE; THENCE WEST TO ORILLIA ROAD SOUTH; THENCE NORTHERLY ALONG ROAD TO A POINT 30 FEET SOUTH OF THE NORTH LINE OF SOUTHEAST 1/4; THENCE EAST TO BEGINNING; EXCEPT THE NORTH 300 FEET OF THE EAST 220 FEET THEREOF, AND EXCEPT THAT PORTION, BEGINNING 398.4 FEET NORTH OF THE SOUTHWEST CORNER THEREOF;THENCE NORTH 424.1 FEET; THENCE EAST 150 FEET; THENCE SOUTH 424.1 FEET; THENCE WEST 150 FEET TO BEGINNING, AND EXCEPT THAT PORTION, BEGINNING 1,565.30 FEET WEST AND 385.52 FEET SOUTH OF THE NORTHEAST CORNER OF SAID SUBDIVISION; THENCE NORTH 89 °11'06" EAST 120 FEET; THENCE NORTHEASTERLY 138 FEET TO A POINT 284 FEET SOUTH AND 1,340.72 FEET WEST OF THE NORTHEAST CORNER OF SAID SUBDIVISION; THENCE NORTH 01 °11'00" WEST 284 FEET; THENCE WEST TO THE EASTERLY LINE OF ORILLIA ROAD SOUTH; THENCE SOUTHERLY ALONG ROAD TO A POINT NORTH OF BEGINNING; THENCE SOUTH TO BEGINNING; AND EXCEPT ROAD; AND EXCEPT DITCH; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 032204 -9056: THE NORTHEASTERLY 424.1 FEET OF THE SOUTHERLY 822.5 FEET OF THE WEST 150 FEET OF THAT PORTION OF THE SOUTHEAST 1/4 OF SECTION 3, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT WHICH IS 412.5 FEET SOUTH AND 1,930.5 FEET EAST FROM THE NORTHWEST CORNER OF THE SOUTHEAST 'A OF SAID SECTION 3; THENCE SOUTH 875 FEET, MORE OR LESS, TO THE NORTH MARGINAL LINE OF THE ROAD; THENCE WEST 746 FEET; THENCE NORTH 875 FEET, MORE OR LESS, TO A POINT WHICH IS WEST OF THE POINT OF BEGINNING; THENCE EAST 746 FEET TO THE POINT OF BEGINNING; TOGETHER WITH AN EASEMENT FOR INGRESS AND EGRESS OVER A STRIP OF LAND 30 FEET IN WIDTH, THE CENTERLINE DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTH LINE OF THE ABOVE DESCRIBED MAIN TRACT WHICH IS 527.5 FEET SOUTH AND 1,184.5 FEET EAST OF THE NORTHWEST CORNER OF THE SOUTHEAST '/4 OF SAID SECTION 3;THENCE WEST 226 FEET TO THE EASTERLY MARGIN OF 51ST PLACE SOUTH "ORILLA ROAD SOUTH" AND THE TERMINUS OF SAID LINE; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 032204 -9052: THAT PORTION OF THE NORTH HALF OF THE SOUTHEAST 1/4 OF SECTION 3, TOWNSHIP 22 NORTH, RANGE 4 EAST, W. M., DESCRIBED AS FOLLOWS: 44 BEGINNING AT A POINT SOUTH 89° 11' 16" WEST 1,565.30 FEET AND SOUTH 01° 11' 00" EAST 385.52 FEET OF THE EAST QUARTER CORNER; THENCE NORTH 01° 11' 00" WEST 171.01 FEET; THENCE NORTH 10° 39' 06" EAST 137.87 FEET; THENCE NORTH 46° 52'.13" EAST 73.354 FEET; THENCE NORTH 89° 11' 06" EAST 144 FEET, MORE OR LESS, TO A POINT WHICH IS SOUTH 89° 11' 06" WEST 1,340.72 FEET AND SOUTH 01° 11' 00" EAST 30 FEET FROM EAST QUARTER CORNER; THENCE SOUTH 01° 11'00" EAST 254 FEET; THENCE SOUTHWESTERLY 138 FEET TO A POINT 120 FEET EAST OF THE POINT OF BEGINNING; THENCE SOUTH 89° 11' 06" WEST 120 FEET TO THE POINT OF BEGINNING; EXCEPT PORTION FOR ORILLIA ROAD AND SOUTH 200TH STREET AS DEEDED, CONDEMNED, OR ESTABLISHED BY EASEMENT AS OF AUGUST 1, 1999; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 022204 -9036: THAT PORTION OF GOVERNMENT LOT 10 IN SECTION 2, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING ON THE WEST LINE OF SAID SECTION AT A POINT SOUTH 01° 55' 10" EAST 812.83 FEET FROM THE NORTHWEST CORNER THEREOF; THENCE NORTH 37° 42' 25" EAST 12.78 FEET; THENCE SOUTH 42° 49' 45" EAST 193.04 FEET; THENCE SOUTH 30° 11' 35" WEST 85.52 FEET; THENCE NORTH 58° 59' 10" WET 104.89 FEET TO THE WEST LINE OF SAID SECTION 2; THENCE NORTH 01° 55' 10" WEST 150.65 FEET TO THE POINT OF BEGINNING; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 022204 -9061 BEGINNING AT THE SOUTHEAST CORNER OF THE SOUTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 2, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M.; THENCE NORTH 89 °16'32" WEST, ALONG THE EAST -WEST CENTERLINE OF SAID SECTION, 458.30 FEET; THENCE NORTH 02 °40'47" EAST 53.72 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING NORTH 02 °40'47" EAST 68.04 FEET; THENCE NORTH 20 °24'53" EAST 88.72 FEET; THENCE NORTH 49 °07'02" EAST 82.00 FEET TO AN INTERSECTION WITH THE SOUTHWESTERLY MARGIN OF FRAGER ROAD; THENCE SOUTH 40 °52'58" EAST, ALONG SAID SOUTHWESTERLY MARGIN, 117.97 FEET TO A POINT ON A CURVE FROM WHICH THE RADIAL CENTER BEARS SOUTH 49 °07'02" WEST 798.51 FEET; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE CONCAVE TO THE SOUTHWEST 93.58 FEET TO A POINT ON A NON - TANGENT CURVE FROM WHICH THE RADIAL CENTER BEARS SOUTH 84 °31'00" WEST 40.00 FEET; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE CONCAVE TO THE NORTHWEST, 67.17 FEET; THENCE NORTH 89 °16'32" WEST 190.00 FEET TO THE POINT OF BEGINNING; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. 45 PARCEL 032204 -9049 THOSE CERTAIN 30 AND 40 FOOT STRIP(S) LYING WITHIN THE SOUTHEAST 1/4 OF SECTION 3, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., AS CONDEMNED ON OCTOBER 7, 1905, FOR DRAINAGE DITCH RIGHT -OF -WAY, FOR THE BENEFIT OF DRAINAGE DISTRICT NO. 2 OF KING COUNTY, IN KING COUNTY SUPERIOR COURT CAUSE NO. 47302; SITUATE IN THE CITY OF KENT, COUNTY OF KING, STATE OF WASHINGTON. PARCEL 032204 -9062: PARCEL A: THAT PORTION OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 3, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING AT AN IRON PIPE MARKING THE SOUTHEAST CORNER OF SAID SECTION 3, SAID PIPE BEING 335.00 FEET EASTERLY FROM A CONCRETE MONUMENT; THENCE NORTH, ALONG THE EAST LINE OF SAID SECTION 3, 2,139.83 FEET; THENCE WEST, AT RIGHT ANGLES TO SAID EAST LINE, 1,472.93 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 88 °57'43" WEST, 234.57 FEET; THENCE SOUTH 27 °37'40" WEST, 264.86 FEET; THENCE SOUTH 48 °11'25" WEST, 269.46 FEET; THENCE SOUTH 51°58'10" EAST, 310.00 FEET, MORE OR LESS, TO THE INTERSECTION WITH THE NORTHERLY LINE OF A COUNTY ROAD (ALLEN CLARK ROAD NO. 665); THENCE EASTERLY, SOUTHERLY, EASTERLY ALONG NORTHERLY, EASTERLY AND NORTHERLY LINE OF SAID COUNTY ROAD, TO A POINT, WHICH BEARS SOUTH 0 °13'04" WEST FROM THE TRUE POINT OF BEGINNING; THENCE NORTH 0 °13'04" EAST, 760.00 FEET, MORE OR LESS, TO THE TRUE POINT OF BEGINNING; EXCEPT THAT PORTION THEREOF CONDEMNED FOR ROAD IN KING COUNTY SUPERIOR COURT CAUSE NO. 653033; ALSO EXCEPT THAT PORTION THEREOF CONVEYED TO THE COUNTY OF KING FOR ORILLIA ROAD SOUTH BY DEED RECORDED UNDER RECORDING NO. 5975360; ALSO EXCEPT THAT PORTION THEREOF, LYING EAST OF A LINE 1,184.50 FEET EAST OF AND PARALLEL WITH THE WEST LINE OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 3; ALSO EXCEPT THAT PORTION THEREOF, LYING NORTH OF A LINE 412.50 FEET SOUTH OF AND PARALLEL WITH THE NORTH LINE OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 3; AND EXCEPT THAT PORTION THEREOF, LYING SOUTH OF THE NORTH LINE OF SOUTH 204TH STREET (ALLEN CLARK ROAD NO. 665); TOGETHER WITH THAT PORTION OF VACATED SOUTH 204TH STREET ADJOINING, PURSUANT TO KING COUNTY ORDINANCE 3430, AS RECORDED UNDER RECORDING NO. 7710120661, RECORDS OF KING COUNTY, AS WOULD ATTACHED TO SAID PROPERTY BY OPERATION OF LAW; 46 PARCEL B: THAT PORTION OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 3, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., LYING SOUTHERLY OF A TRACT OF LAND DEEDED TO CHARLES N. ANDERSON AND LOUISE ANNA ANDERSON RECORDED UNDER RECORDING NO. 4738153, EASTERLY OF ORILLIA ROAD AND WESTERLY OF SOUTH 204TH STREET (ALLEN CLARK ROAD NO. 665); EXCEPT THAT PORTION THEREOF CONDEMNED FOR ROAD IN KING COUNTY SUPERIOR COURT CAUSE NO. 653033; ALSO EXCEPT THAT PORTION THEREOF CONVEYED TO THE COUNTY OF KING FOR ORILLIA ROAD SOUTH BY DEED RECORDED UNDER RECORDING NO. 5975360; AND EXCEPT THAT PORTION THEREOF, LYING SOUTH OF THE NORTH LINE OF SOUTH 204TH STREET (ALLEN CLARK ROAD NO. 665); SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. 47 ,G) ;I� O w�.c•o�,rlwN�o a�oam2�oalo2 �oe....2 0)102.001 hB NNERLI 04/20/01 1043 B .01 11••■ `_____ � /IIIIIIII� j�'�1��I�. ■ /4m "''��uIII ,,;il � �� Ilillikt' �l \ 1hit�� ! %, %9 V1 /^ 111111111111 1� 111r11I1111IrJ� Il IJ .IlrlIr = ■'► '■ .� .1 .. ... w 0, —1 r Bm nau umm lllll�iu ■ice :1111.1 111111111 111111111 ■ IIIU,- 41; *ill 111121: 1011. won MI NI MEN 111 vim , -- Non 11111 :: •I� — � ' -- -- 1111■ -- ....- -- ■. -B■ Ililllly■ ■1. 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ROLL CALL: Jane Cantu, City Clerk, called the roll of Council. Present were Councilmembers Joe Duffie, Joan Hernandez, Pam Carter, Jim Haggerton, Pamela Linder, Dennis Robertson and David Fenton. OFFICIALS: Shelley Kerslake, City Attorney; Lucy Lauterbach, Legislative Analyst; Jane Cantu, City Clerk; Bob Baker, Deputy City Clerk; Kevin Fuhrer, Finance Director; David Haynes, Acting Police Chief; Steve Lancaster, Director, Community Development; Lisa Verner, Project Coordinator, Community Development; and Derek Speck, Economic Development Administrator. Steven M. Mullet, Mayor, was not present. SPECIAL PRESENTATION: Update — Regional Long Range Transit Plan - Sound Transit Steve Lancaster, Director of Community Development, introduced Paul Matsuoka, Sound Transit's Chief Policy and Planning Process Officer. Mr. Matsuoka brought and presented two packages of information. One was reviewed with the Council and the other was left "for leisurely reading." Sound Transit will hold ten public hearings and present "Connecting the Region — Preparing for the future Long Range Plan SEIS." At those meetings, Sound Transit staff will: 1. accept public comments on the Draft Sensitive Environmental Impact Statement, 2. provide information about their planning efforts to date, 3. review potential environmental impacts and benefits, and 4. review completed mass transit services and facilities, as well as future possibilities. Comments on the DSEIS will be taken at the public hearings, and in written form, through January 31, 2005. Mr. Matsuoka presented an historical overview of Sound Transit's planning process, beginning with the first environmental impact statement being completed (on the regional system) in 1993. Among other statistics and information provided, the Planning Process Officer noted Sound Transit's expectation that ridership numbers will increase by 1.2 million by the year 2030, as well as a 45% employment increase, both resulting in "all -day congestion." For those reasons, Sound Transit is asking what they can do to help manage the growth in terms of transportation needs. Alternatives and options evaluated by the DSEIS to help manage the growth (in terms of transportation) include Sound Move, WSDOT "Nickel" projects, Green Line Monorail project; Light rail extensions (in north, south and east directions), additional commuter buses and rail facilities, rapid transit buses and streetcars. 51 52 City of Tukwila City Council Regular Meeting Minutes Mr. Matsuoka called for comments and inquiries from Council. Of great interest was whether or not Sound Transit would be able to bring the alignment to Southcenter. Characterized as "curious," one Councilmember asked why the alignment could go to the SeaTac Airport, yet not Southcenter. Mr. Matsuoka reminded those present that the "Tukwila Freeway Route" is the official plan "on the books" with Sound Transit. Without any plans of deviation, this is the plan to be implemented. In the end, Mr. Matsuoka informed Council he would provide copies (hard copies and /or in CD format) of the Draft Environmental Impact Statement for their review as many reported not yet seeing it. CITIZEN COMMENT /CORRESPONDENCE: Claire Henson, 12414 Military Road South, Seattle (Boulevard Park), informed Council of the creation of Bree's Way, an organization which intends to create a "special needs" park for "special needs" people. Her daughter is one such person. Additionally, she noted Boulevard Park is considering annexation into the City of Tukwila. In doing so, she noted Boulevard Park would be a positive place to live, with a positive identity. A study group has been formulated to determine how to make the area a better place altogether. An informal survey shows 84% of those polled (total number not stated) would like a better identity. The same survey also showed 61% of those polled to be in favor of annexing into Tukwila. The group is actively seeking comments (written or verbal) from residents who are interested into annexing to a local, nearby City. Tukwila currently is the number -one choice. Ms. Henson spoke in favor of a Joint Tukwila City Council and Boulevard Study Group meeting. Amongst other community offerings, Boulevard Park boasts three elementary schools (one to close at the end of this school year, however). Carla Sumpter, 2214 South 118th Street, Boulevard Park, spoke of the need to annex Boulevard Park into a nearby City. She does not want to be incorporated into Burien. She shops in Tukwila, has served on a Tukwila jury and "identifies with Tukwila." Olanda Groge, 11534 — 28th Ave. SW, North Highline area member of their area council, noted correspondence in 2004 from City of Tukwila officials regarding disinterest in annexation efforts. Just as time has gone by, Ms. Groge believes circumstances have changed which now merit reconsideration. Jim Haggerton, former Council President, noted his signature was attached to the referenced letter (by Ms. Groge). He also noted not being "terribly optimistic" that circumstances had changed to a degree where the Council would yet reconsider. Ms. Linder spoke of Tukwila nearly tripling in size within the past 15 years due to an annexation which "we're still in the process of dealing with." She noted a sense of community and infrastructure needs are foremost on everyone's minds. The Council President then asked Rhonda Berry, City Administrator, to contact King County for statistical figures and to follow up with Council. Anna Bernhard 14241 — 59th Ave. South, Tukwila, spoke in favor of allowing current Tukwila citizens the right to be heard (via a vote or some other means) on whether or not they want others to annex into the City. Page 2 of 5 January 18, 2005 CONSENT AGENDA: a. Approval of minutes — January 3, 2005 — b. Approval of vouchers — 313025 - 313313, DUFFIE MOVED; HERNANDEZ SECONDED; TO PRESENTED. The motion carried 7 -0. Regular meeting in the amount of $1,040,047.08 APPROVE THE CONSENT AGENDA AS City of Tukwila City Council Regular Meeting Minutes Page 3 of 5 January 18, 2005 UNFINISHED BUSINESS: a. An ordinance renewing a moratorium relative to transit - oriented development (TOD) areas AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, RENEWING A SIX -MONTH MORATORIUM ON ACCEPTANCE OF APPLICATIONS FOR CERTAIN LAND DIVISIONS, AND DEVELOPMENT ACTIVITIES AND LAND USES WITHIN THE AREA DESIGNATED FOR TRANSIT ORIENTED DEVELOPMENT AROUND THE TEMPORARY COMMUTER RAIUAMTRAK STATION AT LONGACRES; PROVIDING FOR SEVERABILITY; AND DECLARING AN EMERGENCY FENTON MOVED; ROBERTSON SECONDED; TO HAVE THE PROPOSED ORDINANCE READ BY TITLE ONLY. The motion carried 7 -0. Shelley Kerslake, City Attorney, read the title of the proposed ordinance. FENTON MOVED; DUFFIE SECONDED; TO ADOPT THE PROPOSED ORDINANCE AS READ. The motion carried 7 -0. ADOPTED ORDINANCE #2081 b. Authorize Mayor to sign a contract with Huckell Weinman Associates (HWA), Inc., in the amount of $39,072.01, for preparation of a supplemental Environmental Impact Statement and Planned Action Ordinance for the Tukwila Urban Center. FENTON MOVED; DUFFIE SECONDED; TO AUTHORIZE THE MAYOR TO SIGN A CONTRACT WITH HUCKELL WEINMAN ASSOCIATES, INC., IN THE AMOUNT OF $39,072.01, FOR PREPARATION OF A SUPPLEMENTAL ENVIRONMENTAL IMPACT STATEMENT AND PLANNED ACTION ORDINANCE FOR THE TUKWILA URBAN CENTER. The motion carried 7 -0. NEW BUSINESS: Consideration of request to accept 10% Request for Annexation, received from La Pianta, LLC. — Petitioner — Mark A. Segale, Vice President. Lisa Verner, Project Coordinator, provided background on the issue. She reported approximately one - half of the Segale property is located within Tukwila's city limits, while the other one half is located within unincorporated King County. Proposed for annexation are approximately 250 acres. The City Council is being asked (by the applicant, LaPianta, LLC) to approve a 10% petition, authorize the circulation of the Petition for Annexation (60% Petition), and require both the simultaneous adoption of zoning and the assumption of some existing city indebtedness. Should Council accept the proposed annexation as presented or with modifications, the Council authorizes the circulation of the Petition for Annexation, which must be signed by owners of 60% of the value of the property included in the annexation boundaries." Council received a copy of the Request for Annexation (Petition), a list of tax lots and a map of the designated area. Ms. Verner noted the City's Comprehensive Plan calls for a Master Plan and identifies a zoning designation of Tukwila Valley South (TVS) for this property. While a draft Tukwila South Master Plan has been submitted for staff review, Council will not see it until late 2005. Additionally, the Project Coordinator noted the property in question would be subject to a City- approved Development Agreement. Councilmember Robertson noted Council has not seen the mentioned Development Agreement in any format (draft or final). Additionally, Council has not yet seen an annexation plan or draft EIS. He spoke in favor of viewing all named documents prior to annexation. Ms. Verner reported all documents are works in progress and may be available as early as the end of February 2005. 53 54 City of Tukwila City Council Regular Meeting Minutes City staff reported no time requirement exists to return a 60% petition. Moreover, it cannot be submitted until such time as staff has a final EIS and Development Agreement. Both sides must come to an agreement on the issues before the 60% Petition may be submitted. It was stressed that there is absolutely no commitment on the City's behalf if a petition is filed. Ms. Verner agreed to submit a proposed, written timeline of the forthcoming issues. Sue Carlson, on behalf of Petitioner La Pianta, LLC, called this a "complex, yet do -able process." She thanked the Council for their consideration of the petition. As part of her duties with La Pianta, she has been working with King County to resolve many issues and noted, "annexation could take place as soon as 90 days after acceptance of the 60% petition," and action in connection with all paperwork — the last piece of which will be a required ordinance. For the record, Councilmember Carter noted this area was designated as a Potential Annexation Area 10 years ago. Councilmembers Hernandez, Robertson and Mayor Pro Tem Linder all spoke favorably of the proposed annexation. HERNANDEZ MOVED; ROBERTSON SECONDED; TO ACCEPT THE 10% REQUEST AS SUBMITTED, AUTHORIZE CIRCULATION OF THE 60% PETITION FOR ANNEXATION, AND REQUIRE BOTH THE SIMULTANEOUS ADOPTION OF ZONING AND THE ASSUMPTION OF EXISTING CITY INDEBTEDNESS. The motion carried 7 -0. Page 4 of 5 January 18, 2005 REPORTS: a. Mayor Mayor Mullet was absent. b. CounciL Councilmember Joe Duffle attended Alan Doerschel's retirement "Roast." Councilmember Joan Hernandez attended the January 13 Joint Planning Commission /City Council meeting and subsequent Equity and Diversity Commission meeting and the January 14 Southwest King County Chamber of Commerce luncheon. Ms. Hernandez reported the City of Tukwila would be divided into two separate /distinct legislative districts according to newly proposed (King County) redistricting maps. Mayor Pro Tem Pamela Linder attended a January 12 results- based . workshop on accountability, facilitated by Mark Friedman. She also attended a Southwest King County Economic Development Initiative Executive Committee meeting the same day. On January 13, Ms. Linder attended the South King County Human Services Board meeting. Councilmember Pam Carter attended the January 11 Highway 99 Action Committee meeting and a Transportation Policy Board meeting on January 13. Ms. Carter also attended an Economic Forecast meeting on January 15 as well as a press conference conducted by the Association of Washington Cities (AWC) on the State of the Cities. Today, the Councilmember attended a SCATBd meeting. Councilmember Jim Haggerton attended Cascade Water Alliance's meeting of the Finance and Resources Joint Committees. Councilmember Dennis Robertson attended this evening's Finance and Safety Committee meeting. Councilmember David Fenton announced the first Utilities Committee meeting is January 19. c. City Administrator Rhonda Berry was absent. City of Tukwila City Council Regular Meeting Minutes Page 5 of 5 January 18, 2005 d. City Attorney Shelley Kerslake provided an update on Sound Transit issues and cautioned the Council to not discuss the Tukwila Freeway Route until further Court (of Appeals) decisions are made. Ms. Kerslake next informed the Council that the Woodside Apartment building owner /manager would likely receive notice on January 19 that due to non - payment all electrical power (in general areas) is likely to be cut. The owner is currently $24,000.00 in arrears. Additional information will follow. e. Legislative Analyst Lucy Lauterbach reminded Council of the January 21 and 22 City Council Retreat. ADJOURNMENT: 8:48 p.m. DUFFIE MOVED; FENTON SECONDED; TO ADJOURN THE REGULAR MEETING. The motion carried 7 -0. Pamela Linder, Mayor Pro Tem Robert H. Baker, CMC, Deputy City Clerk Date minutes approved: March 7, 2005 55 Property Owner La Pianta LLC La Pianta LLC La Pianta LLC La Pianta LLC La Pianta LLC La Pianta LLC La Pianta LLC La Pianta LLC La Pianta LLC La Pianta LLC La Pianta LLC La Pianta LLC La Pianta LLC La Pianta LLC La Pianta LLC La Pianta LLC La Pianta LLC La Pianta LLC La Pianta LLC La Pianta LLC La Pianta LLC La Pianta LLC La Pianta LLC La Pianta LLC La Pianta LLC Tukwila Historical Society King County King Co. Drainage Dist. 2 La Pianta LLC Tukwila South Annexation Area Parcel List Parcel Identifier 3523049050 3523049078 3523049041 3523049117 0222049037 0222049040 0222049033 3523049016 0222049008 3523049066 3523049065 0222049043 0222049057 0322049047 0322049106 0239000352 0322049100 0322049006 0322049090 0222049011 0222049015 0322049092 0322049093 0322049056 0322049052 0222049036 0222049061 0322049049 0322049062 Tukwila South Annexation Petition June 10, 2009 Area Area LSD f Acres 11,848 0.27 13,503 0.31 1,126,897 25.87 10,000 0.23 37,633 0.86 37,296 0.86 649,915 14.92 175,111 4.02 264,844 6.08 12,632 0.29 23,087 0.53 905,612 20.79 382,456 8.78 520,106 11.94 87,120 2.00 114,747 2.63 648,173 14.88 841,143 19.31 23,240 0.53 1,176,991 27.02 2,112,224 48.49 66,211 1.52 801,068 18.39 63,597 1.46 53,143 1.22 15,900 0.37 31,477 0.72 29,911 0.69 357,627 8.21 Total: 10,593,512 243.19 Map Parcel No. Jurisdiction 124 Tuk. & King Co. 128 King County 129 King County 130 King County. 131 King County 132 King County 133 King County 135 King County 136 King County 137 King County 138 King County 139 King County 140 King. County 141 King County 142 King County 143 King County 144 King County 145 King County 146 King County 147 King County 148 King County 149 King County 150 King County 151 King County 234 King County 309 King County 310 Kent & King Co. 311 King County 312 King County S -T -R 35 -23 -4 EWM 35 -23-4 EWM 35 -23-4 EWM 35 -23 -4 EWM 2 -22 -4 EWM 2 -22 -4 EWM 2 -22 -4 EWM 35 -23-4 EWM 2 -22 -4 EWM 35 -23 -4 EWM 35 -23 -4 EWM 2 -22-4 EWM 2 -22-4 EWM 3 -22-4 EWM 2 &3 -22 -4 EWM 3 -22-4 EWM 3 -22-4 EWM 3 -22 -4 EWM 3 -22 -4 EWM 2 -22-4 EWM 2 &3 -22-4 EWM 3 -22-4 EWM 3 -22 -4 EWM 3 -22-4 EWM 3 -22-4 EWM 2 -22 -4 EWM 2 -22 -4 EWM 2 &3 -22 -4 EWM 3 -22-4 EWM Assessed Value $29,600 * $700 $901,500 $7,500 $316,000 $74,500 $519,900 $4,000 $161,000 $700 $100 $1,811,200 $133,800 $260,000 $174,200 $69,000 $281,000 $420,500 $34,800 $882,700 $1,584,100 $73,000 $266,000 $42,000 $75,000 $2,000 $31,400 $200 ** $475,000 $8,631,400 Total Value of All Parcels: Total Value of All La Pianta Parcels: La Pianta Percentage of Total Value: * TOTAL ASSESSED VALUE OF TAX LOT: $148,100. EST. 4/5 OF TAX LOT IN TUKWILA & 1/5 IN KING COUNTY. ** TOTAL ASSESSED VALUEOF TAX LOT: $300. EST. 1/3 OF TAX LOT IN KENT & 2/3 IN KING COUNTY. Total Area Being Annexed to the City Frager Road: S. 200th Street Orillia Road (3300'x60' est.): Total Area of Above Parcels (SF): Total Area (SF): Total Area (Acres): Tukwila South Annexation Petition June 10, 2009 198,084 SF 334,105 SF 198,000 SF 10,593,512 SF 11,323,701 SF 259.96 Acres $8,631,400 $8,597,800 99.61% pity of Tukwila Washington Ordinance No. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, ANNEXING APPROXIMATELY 259 ACRES OF REAL PROPERTY KNOWN AS THE " TUKWILA SOUTH PROJECT PROPERTY ;" PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, RCW 35A.14.120 provides that "proceedings for initiating annexation of unincorporated territory to a charter code city or non - charter code city may be commenced by the filing of a petition of property owners of the territory proposed to be annexed," but that "prior to the circulation of a petition for annexation, the initiating party or parties, who shall be the owners of not less than 10% 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 "; and WHEREAS, La Pianta LLC is the sole owner of approximately 259 acres of real property known as the "Tukwila South Project Property"; and WHEREAS, on November 12, 2004, La Pianta LLC submitted a Request for Annexation ( "Request "), which was signed by owners of not less than 10% of the value of the property included in the Request; and WHEREAS, on January 18, 2005, the City Council met with the initiating parties as part of its regular City Council meeting pursuant to RCW 35A.14.120; and WHEREAS, on January 18, 2005, the City Council unanimously voted to accept the Request, and to authorize the initiating parties to circulate the Petition for Annexation seeking the signatures of the owners of 60% of the assessed valuation of property within the proposed annexation ( "Petition "), on the following conditions: (1) simultaneous adoption of zoning regulations, and (2) petition signers' consent to the assumption of the proposed annexation area's proportionate share of existing City indebtedness, if any; and WHEREAS, on June 8, 2009, during its regular meeting, the City Council approved the related Tukwila South Development Agreement and other related land use issues, and La Pianta LLC submitted its signed Petition; and WHEREAS, on June 8, 2009, the Tukwila City Council held a public hearing following publication of notice thereof as provided in RCW 35A.14.130, and that public hearing was continued to the June 15, 2009 Regular Meeting to accept additional public comments; and WHEREAS, the Tukwila City Council desires to annex the area described and shown in the Petition, attached hereto and incorporated here by reference as Exhibit A; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Annexation. The City of Tukwila hereby annexes the Tukwila South Property, which is legally described in Exhibit B and depicted on the map in Exhibit C; W: \Word Processing \ Ordinances \ Tukwila South Annexation.doc LV:ksn 06/09/2009 Page 1 of 2 59 with a full annexation parcel list shown in Exhibit D, which said exhibits are attached hereto and incorporated herein by reference. Section 2. Conditions Upon Annexation. A. Comprehensive Plan, Shoreline Master Plan, and Zoning Designations. The annexed property shall be subject to the Comprehensive Plan, Master Plan, Shoreline Master Plan map amendment to designate the property as Urban Environment and the Tukwila South Overlay District zoning regulations as set forth in the Tukwila South Project Development Agreement, adopted on June 8, 2009. B. Assumption of Existing Indebtedness. The Tukwila South Property shall be assessed and taxed at the same rate and on the same basis as the property in the City of Tukwila is assessed and taxed to pay for the portion of outstanding City indebtedness, if any, which indebtedness has been approved by the voters, contracted for, or incurred prior to, or existing at, the effective date of the annexation in Section 1 of this ordinance. Section 3. Preparation of Notice of Intent to Annex. The City Administrator, and/ or her designee, is hereby authorized and directed to prepare and submit a Notice of Intention to Annex to the King County Boundary Review Board no later than 180 days after the effective date of this ordinance. The City Administrator, and /or her designee, is hereby authorized and directed to take such other steps with respect to said Notice of Intention or otherwise as deemed necessary to implement the annexation in Section 1 of this ordinance. Section 4. Severability. Should any section, paragraph, sentence, clause or phrase of this ordinance, or its application to any person or circumstance, be declared unconstitutional or otherwise invalid for any reason, or should any portion of this ordinance be pre - empted by state or federal law or regulation, such decision or pre- emption shall not affect the validity of the remaining portions of this ordinance or its application to other persons or circumstances. Section 5. Certification of Ordinance to King County. Pursuant to RCW 35A.14.140, upon passage the City Clerk is directed to file a certified copy of this ordinance with the King County Council. Section 6. 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 days after passage and publication as provided by law, except that Sections 1 and 2 of this ordinance shall not be effective until the effective date of approval of the King County Boundary Review Board pursuant to Chapter 36.93 RCW. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of , 2009. ATTEST/ AUTHENTICATED: Christy O'Flaherty, CMC, City Clerk APPROVED AS TO FORM BY: Office of the City Attorney Attachment Exhibit A Exhibit B - Exhibit C - Exhibit D - Petition Property Legal Description Map - Annexation Parcel List Jim Haggerton, Mayor Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: W: \Word Processing\ Ordinances \Tukwila South Annexation.doc LV:ksn 06/09/2009 60 Page 2 of 2 OWNER'S PETITION FOR ANNEXATION TO THE CITY OF TUKWILA, WASHINGTON The Honorable Mayor and City Council City of Tukwila 6200 Southcenter Boulevard Tukwila WA, 98188 Dear Mayor and City Council: THE UNDERSIGNED, being the OWNER of greater than sixty percent (60 %) in value of the real property described on EXHIBIT A and listed in EXHIBIT D attached hereto lying contiguous to the City of Tukwila, Washington, does hereby petition that such territory be annexed to and made a part of the City of Tukwila, Washington under the provisions of RCW 35A.14, et seq., and any amendment thereto, of the State of Washington. The territory proposed to be annexed is located within King County, Washington and is described on EXHIBIT A attached hereto and depicted on EXHIBIT B by a diagram which outlines the boundaries of the property sought to be annexed, also attached hereto. At its regular meeting on January 18, 2005, the Tukwila City Council voted unanimously to accept the previous 10% Request for Annexation, to authorize the circulation of this Petition for Annexation (60% Petition), subject to the following conditions: 1. All property within the territory hereby sought to be annexed shall be subject to all City zoning and land use requirements immediately upon annexation, and 2. All property within the territory hereby sought to be annexed shall bear its proportionate share of existing city indebtedness. A copy of the minutes of that meeting is attached as EXHIBIT C. WHEREFORE, the undersigned respectfully petitions the Honorable City Council of the City of Tukwila and asks and agrees as follows: 1. That appropriate action be taken to entertain this petition, fixing a date for 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 2. That following such hearing and any other necessary approvals, the City Council determine by ordinance that such annexation shall be effective; and that property so annexed shall become a part of the City of Tukwila, Washington subject to its laws and ordinances immediately upon annexation. 3. That the zoning and land use regulations for the area proposed for annexation be amended consistent with the City's Comprehensive Plan and ordinances and the Development Agreement dated June 10, 2009 between the undersigned and the City of Tukwila, and that said zoning be implemented and effective immediately upon annexation. 4. That all property within the territory hereby sought to be annexed shall be assessed and taxed on the same basis as property within the City of Tukwila is assessed and taxed to pay for the portion of any then - outstanding indebtedness. WARNING: Every person who signs this petition with any other than his or her true name, or who knowingly signs more than one of these petitions, or signs a petition seeking an election when he or she is not a legal voter, or signs a petition when he or she is otherwise not qualified to sign, or who makes herein any false statement, shall be guilty of a misdemeanor. Date: June 10, 2009 PROPERTY OWNER: LA PIANTA LLC, a Washington Limited Liability Company By Metro Land Development, Inc., a Washington corporation, its Manager By: Segale, P ident EXHIBIT A LEGAL DESCRIPTION OF THE ANNEXED PROPERTY PARCEL 352304 -9050: THAT PORTION OF GOVERNMENT LOT 7 IN SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., LYING NORTHWESTERLY OF COUNTY ROAD KNOWN AS 57TH AVENUE SOUTH; EXCEPT THAT PORTION THEREOF DESCRIBED AS FOLLOWS: BEGINNING AT AN IRON PIPE SET AT THE INTERSECTION OF THE NORTH LINE OF SAID GOVERNMENT LOT 7, WITH THE WEST LINE OF SAID COUNTY ROAD; THENCE WEST ALONG THE SAID NORTH LINE, 210 FEET, MORE OR LESS, TO AN IRON PIPE AT THE FOOT OF THE HILL; THENCE SOUTHERLY ALONG THE FOOT OF THE HILL 259 FEET, MORE OR LESS, TO AN IRON PIPE SET IN THE WESTERLY LINE OF THE SAID COUNTY ROAD; THENCE NORTHWESTERLY 313 FEET, MORE OR LESS, ALONG SAID COUNTY ROAD, TO THE TRUE POINT OF BEGINNING; SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON. PARCEL 352304 -9078: THAT PORTION OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST W.M., DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID SECTION 35; THENCE NORTH 05°44'13" EAST ALONG THE WESTERLY LIMIT OF SAID SECTION 833.82 FEET; THENCE SOUTH 87°57'17" EAST PARALLEL TO THE NORTH LINE OF SAID SUBDIVISION 433.99 FEET TO THE EASTERLY RIGHT - OF -WAY MARGIN OF PRIMARY STATE HIGHWAY NO. 1, SOUTH 188TH STREET INTERCHANGE, AND THE TRUE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE CONTINUING SOUTH 87°57'17" EAST 61.01 FEET; THENCE SOUTH 228.89 FEET TO A POINT ON SAID RIGHT -OF -WAY MARGIN OPPOSITE ENGINEER'S STATION JR 36 -00; THENCE SOUTH 82 °46'30" WEST 59.85 FEET; THENCE NORTH 07 °13'30" WEST 106.15 FEET; THENCE ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 315 FEET, AN ARC DISTANCE OF 134.83 FEET TO THE TRUE POINT OF BEGINNING; EXCEPT ANY PORTION, IF ANY, LYING WITHIN PRIMARY STATE HIGHWAY NO. 1 (SR5) (SOUTH 188TH STREET INTERCHANGE); SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 352304 -9041: THAT PORTION OF THE SOUTHWEST'' /4 OF THE SOUTHWEST 1/4 AND OF GOVERNMENT LOT 7 IN SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE EASTERLY LINE OF THE COUNTY ROAD IN GOVERNMENT LOT 7 OF SAID SECTION, FROM WHICH POINT THE SOUTHWEST CORNER OF SAID SECTION 35, BEARS SOUTH 00° 56' 40" WEST 1,048.79 AND NORTH 89° 03' 20" WEST 1,656.75 FEET, MEASURED RESPECTIVELY AT RIGHT ANGLES TO AND ALONG THE SOUTH LINE OF SAID SECTION; THENCE SOUTH 08° 13' 05" EAST 36.70 FEET; THENCE SOUTH 19° 59' 25" WEST 520.10 FEET; THENCE SOUTH 73° 05' 40" EAST 233.32 FEET; THENCE NORTH 16° 29' 55" EAST 474.00 FEET; THENCE SOUTH 64° 17' 20" EAST 232 FEET, MORE OR LESS, TO THE BANK OF THE GREEN RIVER; THENCE SOUTHERLY AND EASTERLY, ALONG SAID RIVER BANK, TO THE SOUTH LINE OF SAID SECTION 30; THENCE NORTH 89° 03' 20" WEST ALONG SAID SOUTH LINE TO THE EASTERLY LINE OF SAID COUNTY ROAD; THENCE NORTHERLY FOLLOWING SAID ROAD LINE TO THE POINT OF BEGINNING; EXCEPT THAT PORTION DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID SECTION 35; THENCE SOUTH 87° 58' 28" EAST 1,312.95 FEET, ALONG THE SOUTH LINE THEREOF, TO A POINT ON THE EASTERLY LINE OF FRAGER ROAD (40.00 FEET WIDE); THENCE NORTH 01° 54' 58" WEST 145.53 FEET ALONG SAID LINE; THENCE ALONG THE CENTERLINE OF A 20.00 FOOT WIDE EASEMENT FOR PURPOSES OF INGRESS AND EGRESS, THE FOLLOWING COURSES AND DISTANCES: NORTH 88° 05' 02" EAST 131.00 FEET TO THE BEGINNING OF A 50.00 FOOT RADIUS CURVE TO THE LEFT; THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 62° 10' 00" AND AN ARC LENGTH OF 54.25 FEET; THENCE NORTH 25° 55' 02" EAST 13.34 FEET TO THE BEGINNING OF A 50.00 FOOT RADIUS CURVE TO THE RIGHT; THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 83° 13' 26" AND AN ARC LENGTH OF 44.41 FEET; THENCE SOUTH 70° 51' 32" EAST 121.13 FEET TO THE END OF SAID EASEMENT; THENCE SOUTH 19° 08' 28" WEST 10.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUE SOUTH 19° 08' 28" WEST 100.00 FEET; THENCE NORTH 70° 51' 32" WEST 100.00 FEET; THENCE NORTH 19° 08' 28" EAST 100.00 FEET; THENCE SOUTH 70° 51' 32" EAST 100.00 TO THE TRUE POINT OF BEGINNING; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 352304 -9117: THAT PORTION OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST W.M., DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID SECTION 35; THENCE SOUTH 87 °58'28" EAST 1,312.95 FEET, ALONG THE SOUTH LINE THEREOF, TO A POINT ON THE EASTERLY LINE OF FRAGER ROAD (40.00 FEET WIDE); THENCE NORTH 01 °54'58" WEST 145.53 FEET ALONG SAID LINE; THENCE ALONG THE CENTERLINE OF A 20.00 FOOT WIDE EASEMENT FOR PURPOSES OF INGRESS AND EGRESS THE FOLLOWING COURSES AND DISTANCES; NORTH 88 °05'02" EAST 131.00 FEET TO THE BEGINNING OF A 50.00 FOOT RADIUS CURVE TO THE LEFT; THENCE, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 62 °10'00" AND AN ARC LENGTH OF 54.25 FEET; THENCE NORTH 25 °55'02" EAST 13.34 FEET TO THE BEGINNING OF A 50.00 FOOT RADIUS CURVE TO THE RIGHT; THENCE, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 83 °13'26" AN ARC LENGTH OF 44.41 FEET;THENCE SOUTH 70 °51'32" EAST 121.13 FEET TO THE END OF SAID EASEMENT; THENCE SOUTH 19 °08'28" WEST 10.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUE SOUTH 19 °08'28" WEST 100.00 FEET; THENCE NORTH 70 °51'32" WEST 100.00 FEET; THENCE NORTH 19 °08'28" EAST 100.00 FEET; THENCE SOUTH 70 °51'32" EAST 100.00 FEET TO THE POINT OF BEGINNING; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 022204 -9037: THAT PORTION OF GOVERNMENT LOTS 10 AND 11 IN SECTION 2, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING ON THE NORTH LINE OF SAID SECTION, AT A POINT SOUTH 89° 03' 20" EAST, 1,314.12 FEET FROM THE NORTHWEST CORNER THEREOF; THENCE SOUTH 77° 19' 20" EAST 269.06 FEET; THENCE SOUTH 15° 04' 10" WEST 311.46 FEET; THENCE SOUTH 88° 33' 10" WEST 198.77 FEET; THENCE NORTH 02° 41' 45" EAST 140.14 FEET; THENCE NORTH 72° 37' 15" WEST TO THE EAST LINE OF THE 40 FOOT COUNTY ROAD, AS ESTABLISHED AND USED ON APRIL 30, 1951 ` FRAGER ROAD'; THENCE NORTHERLY ALONG SAID EASTERLY ROAD LINE TO THE NORTH LINE OF SAID SECTION; THENCE EAST ALONG SAID NORTH SECTION LINE TO THE POINT OF BEGINNING; EXCEPT THAT PORTION THEREOF LYING SOUTHERLY AND EASTERLY OF THE FOLLOWING DESCRIBED LINE: BEGINNING ON THE EASTERLY LINE OF SAID TRACT, AT A POINT 164.83 FEET SOUTHERLY OF THE NORTHEAST CORNER THEREOF; THENCE NORTH 74° 01' 20" WEST 96.81 FEET; THENCE NORTH 67° 09' 20" WEST 131.54 FEET; THENCE SOUTH 05° 44' 15" WEST 225.46 FEET TO THE SOUTHERLY LINE OF SAID TRACT AND THE TERMINUS OF SAID LINE; AND EXCEPT THAT PORTION, IF ANY, LYING WITHIN FRAGER ROAD; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 022204 -9040: THAT PORTION OF GOVERNMENT LOTS 10 AND 11 IN SECTION 2, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTH LINE OF SAID SECTION, FROM WHICH POINT THE NORTHWEST CORNER THEREOF BEARS NORTH 89° 03' 20" WEST, A DISTANCE OF 1,314.12 FEET; THENCE SOUTH 77° 19' 20" EAST, 269.06 FEET; THENCESOUTH 15° 04' 10" WEST, 164.83 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING SOUTH 15° 04' 10" WEST 146.63 FEET; THENCE SOUTH 88° 33' 10" WEST 198.77 FEET; THENCE NORTH 05° 44' 15" EAST 225.46 FEET; THENCE SOUTH 67° 09' 20" EAST, 131.54 FEET; THENCE SOUTH 74° 01' 20" EAST, 96.81 FEET TO THE TRUE POINT OF BEGINNING; EXCEPTING THEREFROM ANY PORTION OF FRAGER COUNTY ROAD, IF ANY, THAT LIES WITHIN THE LAND HEREINABOVE DESCRIBED; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 022204 -9033: THAT PORTION OF GOVERNMENTS LOTS 10 AND 11 IN SECTION 2, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE WEST LINE OF SAID SECTION 2, FROM WHICH THE NORTHWEST CORNER OF SAID SECTION BEARS NORTH 01° 55' 10" WEST, A DISTANCE OF 217.06 FEET; THENCE , ALONG SAID WEST LINE, SOUTH 01° 55' 10" EAST 343.94 FEET; THENCE NORTH 88° 04' 50" EAST, 181.50 FEET; THENCE SOUTH 01° 55' 10" EAST 347.90 FEET TO THE NORTH LINE OF THAT CERTAIN TRACT OF LAND CONVEYED TO JOSEPH GUNTER UNDER KING COUNTY RECORDING NO. 3526897; THENCE SOUTH 89° 38' 20" EAST, ALONG SAID NORTH LINE, AND THE SAME PRODUCED TO THE WESTERLY BANK OF GREEN RIVER; THENCE NORTHERLY AND EASTERLY, ALONG SAID RIVER BANK, TO THE NORTH LINE OF SAID SECTION 2; THENCE NORTH 89° 03' 20" WEST, ALONG SAID NORTH LINE, TO A POINT FROM WHICH THE NORTHWEST CORNER OF SAID SECTION BEARS NORTH 89° 03' 20" WEST, A DISTANCE OF 1,314.12 FEET; THENCE SOUTH 77° 19' 20" EAST, 269.06 FEET; THENCE SOUTH 15° 04' 10" WEST 311.46 FEET; THENCE SOUTH 88° 33' 10" WEST 198.77 FEET; THENCE NORTH 02 °41' 45" EAST 140.14 FEET; THENCE NORTH 72° 37' 15" WEST 373.20 FEET; THENCE SOUTH 57° 55' 05" WEST 320.85 FEET; THENCE SOUTH 73° 44' 00" WEST 208.18 FEET; THENCE SOUTH 17° 47' 50" WEST 250.67 FEET; THENCE NORTH 45° 27' 10" WEST 549.48 FEET, TO THE POINT OF BEGINNING; EXCEPT THAT PORTION THEREOF LYING WESTERLY OF THE EASTERLY MARGIN OF FRAGER ROAD; TOGETHER WITH THAT PORTION OF GOVERNMENT LOT 10 IN SECTION 2, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., LYING EASTERLY OF FRAGER ROAD, WESTERLY OF THE WESTERLY BANK OF THE GREEN RIVER, AND SOUTHERLY OF THE EASTERLY EXTENSION OF THE NORTH LINE OF THAT CERTAIN TRACT OF LAND CONVEYED TO JOSEPH GUNTER UNDER KING COUNTY RECORDING NO. 3526897; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 352304 -9016: THAT PORTION OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID SUBDIVISION; THENCE SOUTH 87 °59'06" EAST ALONG THE SOUTH LINE THEREOF 507.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 87 °59'06" EAST 328.00 FEET; THENCE NORTH 16 °56'40" EAST 262.12 FEET; THENCE NORTH 47 °11'37" WEST TO THE EASTERLY RIGHT -OF -WAY MARGIN OF PRIMARY STATE HIGHWAY NO. 1; THENCE SOUTHERLY ALONG SAID MARGIN TO A POINT AT ITS INTERSECTION WITH THE NORTHEASTERLY LINE OF THAT CERTAIN TRACT OF LAND PREVIOUSLY CONVEYED BY DEED RECORDED IN VOLUME 1522 OF DEEDS, PAGE 526, UNDER KING COUNTY RECORDING NO. 2722034; THENCE SOUTHEASTERLY ALONG THE NORTHEASTERLY LINE OF SAID TRACT TO THE TRUE POINT OF BEGINNING; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 022204 -9008: THAT PORTION OF THE NORTHWEST 1/4 OF THE NORTHWEST'' /4 OF SECTION 2, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., LYING EASTERLY OF THE EASTERLY RIGHT OF WAY MARGIN OF PRIMARY STATE HIGHWAY -NO. 1, WESTERLY OF FRAGER ROAD (MESS COUNTY ROAD NO. 76), SOUTHERLY OF THE NORTH LINE OF SAID SECTION 2, AND NORTHERLY OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT THE NORTHWEST CORNER OF SAID SECTION 2; THENCE SOUTH 87° 59' 06" EAST, ALONG THE NORTH LINE OF SAID SECTION, TO THE WESTERLY MARGIN OF FRAGER ROAD (MESS COUNTY ROAD NO. 76); THENCE SOUTHERLY ALONG SAID MARGIN, SOUTH 01° 53' 23" EAST, 15.28 FEET; THENCE CONTINUING SOUTH ALONG SAID MARGIN, ALONG A CURVE TO THE RIGHT, HAVING A RADIUS OF 1,780.00 FEET, THROUGH A CENTRAL ANGLE OF 06° 10' 20 ", AN ARC DISTANCE OF 191.75 FEET TO THE TRUE POINT OF BEGINNING OF SAID LINE; THENCE NORTH 72° 37' 15" WEST 338.36 FEET; THENCE SOUTH 57° 55' 05" WEST 320.85 FEET; THENCE SOUTH 73° 44' 15" WEST 208.18 FEET; THENCE SOUTH 17° 47' 50" WEST 250.67 FEET; THENCE NORTH 45° 27' 10" WEST TO THE SOUTHEASTERLY RIGHT OF WAY MARGIN OF PRIMARY STATE HIGHWAY NO. 1, AND THE TERMINUS OF SAID LINE; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 352304 -9066: THAT PORTION OF THE SOUTHWEST 1/4 OF SOUTHWEST 1/4 OF SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING AT INTERSECTION OF EASTERLY MARGIN OF ORILLA COUNTY ROAD EXTENSION WITH SOUTH LINE OF SUBDIVISION; THENCE EAST ALONG SOUTH LINE 245 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING EAST ALONG SOUTH LINE TO A POINT 507 FEET EASTERLY OF SOUTHWEST CORNER OF SECTION; THENCE NORTH 26 °48'20" WEST TO NORTH LINE OF SOUTH 125 FEET OF SUBDIVISION; THENCE NORTH 87 °58'28" WEST 86 FEET, MORE OR LESS; THENCE SOUTH 15 °00'00' EAST TO BEGINNING; EXCEPT THAT PORTION LYING WITHIN PRIMARY STATE HIGHWAY NO. 1 (SR 5) (SOUTH 188TH STREET INTERCHANGE); SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 352304 -9065: THAT PORTION OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING AT INTERSECTION OF EASTERLY MARGIN OF ORILLA COUNTY ROAD EXTENSION WITH SOUTH LINE OF SUBDIVISION; THENCE SOUTH 87 °58'28" EAST 165 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 87 °58'28" EAST 80 FEET; THENCE NORTH 15 °00'00" WEST TO NORTH LINE OF SOUTH 125 FEET OF SAID SUBDIVISION; THENCE NORTH 87 °58'28" WEST 80 FEET; THENCE SOUTH 15 °00'00' EAST TO THE TRUE POINT OF BEGINNING; EXCEPT THAT PORTION LYING WITHIN PRIMARY STATE HIGHWAY NO. 1 (SR5) (SOUTH 188TH STREET INTERCHANGE); SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. . PARCEL 022204 -9043: THAT PORTION OF GOVERNMENT LOT 10 IN SECTION 2, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTH LINE OF SAID SECTION 2, WHICH IS SOUTH 87° 59' 06" EAST 835.00 FEET FROM THE NORTHWEST CORNER OF SAID SECTION 2; THENCE SOUTH 42° 48' 17" EAST 165.27 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 57° 55' 05" WEST 320.85 FEET; THENCE SOUTH 73° 44' 15" WEST 208.18 FEET; THENCE SOUTH 17° 47' 50" WEST 250.67 FEET; THENCE SOUTH 45° 27' 10" EAST 216.97 FEET; THENCE SOUTH 31° 12' 21" WEST 731.63 FEET; THENCE SOUTH 88° 43' 44" EAST 896.82 FEET TO THE WESTERLY MARGIN OF MESS COUNTY ROAD NO. 76 (FRAGER ROAD) AND A POINT ON THE ARC OF A CURVE, FROM WHICH THE RADIUS POINT BEARS NORTH 74° 07' 22" WEST, A DISTANCE OF 710.00 FEET; THENCE NORTHEASTERLY ALONG SAID WESTERLY MARGIN, ALONG A CURVE TO THE LEFT, THROUGH A CENTRAL ANGLE OF 01° 58' 59 ", HAVING A RADIUS OF 710.00 FEET, AN ARC DISTANCE FO 24.57 FEET; THENCE NORTH 13° 53' 39" EAST 353.86 FEET TO A POINT ON A CURVE TO THE LEFT, HAVING A RADIUS OF 1,090.00 FEET, THROUGH A CENTRAL ANGLE OF 06° 30' 49 ", AN ARC DISTANCE OF 123.92 FEET; THENCE NORTH 07° 22' 50" EAST 584.35 FEET TO A POINT OF CURVE; THENCE ALONG A CURVE TO THE LEFT, HAVING A RADIUS OF 1,780.00 FEET, THROUGH A CENTRAL ANGLE OF 03° 05' 53 ", AN ARC DISTANCE FO 96.25 FEET; THENCE NORTH 72° 37' 15" WEST 338.36 FEET TO THE TRUE POINT OF BEGINNING; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 022204 -9057: THAT PORTION OF GOVERNMENT LOT 10 IN THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 2, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., BEING MORE PARTICULARILY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID SECTION 2; THENCE SOUTH 01° 09' 08" EAST 217.06, ALONG THE WEST LINE OF SECTION 2, TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 45° 27' 10" EAST 766.45 FEET; THENCE SOUTH 31° 12' 21" WEST 731.63 FEET; THENCE SOUTH 88° 45' 19" EAST 896.82 FEET TO THE WEST MARGIN OF FRAGER ROAD; THENCE SOUTHERLY ALONG SAID WEST MARGIN OF FRAGER ROAD, TO THE SOUTH LINE OF SAID NORTHWEST 1/4 OF THE NORTHWEST'' /4; THENCE WEST ALONG SAID SOUTH LINE TO THE WEST LINE OF SAID NORTHWEST'' /4 OF THE NORTHWEST 1/4; THENCE NORTH ALONG SAID WEST LINE TO THE TRUE POINT OF BEGINNING; EXCEPT THAT PORTION THEREOF, DESCRIBED AS: BEGINNING AT THE NORTHWEST CORNER OF SAID SECTION 2, PROCEED SOUTH 01° 09' 08" EAST 1,392.41, ALONG THE WEST LINE OF SECTION 2, TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 88° 45' 19" EAST 145.55 FEET TO THE SOUTHWEST CORNER OF THE M. A. SEGALE PROPERTY AS SHOWN ON THE RECORDED SURVEY NO. 7707280568, FILED IN VOLUME 4 OF SURVEYS, PAGE 239, RECORDS OF KING COUNTY; THENCE SOUTH 11° 41' 30" WEST 352.30;THENCE SOUTH 78° 09' 50" WEST 236.01 FEET; THENCE NORTH 29° 00' 00" WEST 99.12 FEET; THENCE NORTH 11° 26' 35" EAST 51.27 FEET; THENCE NORTH 36° 52' 33" EAST 324.55 FEET TO THE TRUE POINT OF BEGINNING; AND EXCEPT THAT PORTION THEREOF, DESCRIBED AS FOLLOWS: BEGINNING ON THE WEST LINE OF SAID SECTION 2, AT A POINT SOUTH 01° 55' 10" EAST 812.83 FEET FROM THE NORTHWEST CORNER THEREOF; THENCE NORTH 37° 42' 25" EAST 12.78 FEET; THENCE SOUTH 42° 49' 45" EAST 193.04 FEET; THENCE SOUTH 30° 11' 35" WEST 85.52 FEET; THENCE NORTH 58° 59' 10" WEST 104.89 FEET TO THE WEST LINE OF SAID SECTION 2; THENCE NORTH 01° 55' 10" WEST 150.65 FEET TO THE POINT OF BEGINNING; AND EXCEPT THAT PORTION WITHIN PRIMARY STATE HIGHWAY NO. 1 (INTERSTATE HIGHWAY NO. 5); SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 032204 -9047: THAT PORTION OF THE NORTHEAST'' /4 OF THE NORTHEAST'' /4 IN SECTION 3, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., LYING SOUTHEASTERLY OF ORILLIA ROAD EXTENSION COUNTY ROAD AND PRIMARY STATE HIGHWAY NO. 1 (INTERSTATE 5); EXCEPT THAT PORTION THEREOF LYING WITHIN THE FOLLOWING DESCRIBED TRACT: BEGINNING AT THE NORTHWEST CORNER OF SECTION 2 IN SAID TOWNSHIP 22 NORTH; THENCE PROCEED SOUTH 01° 09' 08" EAST, 1,392.41 FEET ALONG THE WEST LINE OF SAID SECTION 2, TO THE POINT OF BEGINNING; THENCE SOUTH 88° 45' 19" EAST 145.55 FEET TO THE SOUTHWEST CORNER OF THE M.A. SEGALE PROPERTY AS SHOWN ON THE RECORDED SURVEY NO. 7707280568, FILED IN VOLUME 4 OF SURVEYS, PAGE 239, RECORDS OF KING COUNTY; THENCE SOUTH 11° 41' 30" WEST 352.30 FEET; THENCE SOUTH 78° 09' 50" WEST 236.01 FEET; THENCE NORTH 29° 00' 00" WEST 99.12 FEET; THENCE NORTH 11° 26' 35" EAST 51.27 FEET; THENCE NORTH 36° 52' 33" EAST 324.55 FEET TO THE POINT OF BEGINNING; AND EXCEPT THAT PORTION THEREOF CONVEYED TO KING COUNTY BY DEED RECORDED UNDER RECORDING NO. 6013508; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 032204 -9106: A PORTION OF THE WEST '/2 OF THE NORTHWEST '/4 OF SECTION 2 AND THE EAST 1/2 OF THE NORTHEAST '/4 OF SECTION 3, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., BEING MORE PARTICULARILY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID SECTION 2, PROCEED SOUTH 01° 09' 08" EAST 1,392.41, ALONG THE WEST LINE OF SECTION 2, TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 88° 45' 19" EAST 145.55 FEET TO THE SOUTHWEST CORNER OF THE M. A. SEGALE PROPERTY AS SHOWN ON THE RECORDED SURVEY NO. 7707280568, FILED IN VOLUME 4 OF SURVEYS, PAGE 239, RECORDS OF KING COUNTY;THENCE SOUTH 11° 41' 30" WEST 352.30;THENCE SOUTH 78° 09' 50" WEST 236.01 FEET; THENCE NORTH 29° 00' 00" WEST 99.12 FEET; THENCE NORTH 11° 26' 35" EAST 51.27 FEET; THENCE NORTH 36° 52' 33" EAST 324.55 FEET TO THE TRUE POINT OF BEGINNING; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 023900 -0352: THAT PORTION OF GOVERNMENT LOT 6 IN SECTION 3, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., LYING EASTERLY OF ORILLIA ROAD SOUTH AS CONVEYED BY DEED RECORDED UNDER RECORDING NO. 6016781, AND NORTH OF SOUTH 200TH STREET; EXCEPT THAT PORTION THEREOF CONDEMNED IN KING COUNTY SUPERIOR COURT CAUSE NO. 98- 2- 18787 -5 KNT; (BEING ALSO KNOWN AS A PORTION OF LOTS 105 AND 106 IN ANGLE LAKE SHORE ACRES DIVISION 2 UNRECORDED); SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 032204 -9100: THE WEST 37 RODS (610.5 FEET) OF THE SOUTHEAST ' /4 OF THE NORTHEAST % OF SECTION 3, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M.; EXCEPT THOSE PORTIONS THEREOF CONVEYED TO KING COUNTY FOR ROAD PURPOSES BY DEEDS RECORDED UNDER RECORDING NOS. 1168064, 2751663, AND 6016780; AND EXCEPT THAT PORTION CONVEYED TO THE STATE OF WASHINGTON FOR PRIMARY STATE HIGHWAY NO. 1, BY DEED RECORDED UNDER RECORDING NO. 5191889; AND EXCEPT THAT PORTION LYING NORTHWESTERLY OF 51ST PLACE SOUTH (ORILLIA ROAD SOUTH); AND EXCEPT THAT PORTION CONDEMNED BY THE CITY OF KENT, FOR RIGHT OF WAY IN KING COUNTY SUPERIOR COURT CAUSE NO. 98 -2- 18787 -5 KNT; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 032204 -9006: THE SOUTHEAST 1/4 OF THE NORTHEAST IA OF SECTION 3, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M.; EXCEPT THE WEST 610.50 FEET CONVEYED TO THE SEATTLE AND WALLA RAILROAD AND TRANSPORTATION COMPANY BY DEED RECORDED UNDER VOLUME 9 OF DEEDS, PAGE 42; AND EXCEPT THE WEST 160 FEET OF THE EAST 709.5 FEET OF THE SOUTH 240 FEET OF SAID SUBDIVISION; AND EXCEPT THAT PORTION THEREOF LYING WITHIN THE FOLLOWING DESCRIBED TRACT, TO -WIT: BEGINNING AT THE NORTHWEST CORNER OF SECTION 2 IN SAID TOWNSHIP 22 NORTH, PROCEED SOUTH 01° 09' 08" EAST 1,392.41, ALONG THE WEST LINE OF SAID SECTION 2, TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 88° 45' 19" EAST 145.55 FEET TO THE SOUTHWEST CORNER OF THE M. A. SEGALE PROPERTY AS SHOWN ON THE RECORDED SURVEY NO. 7707280568, FILED IN VOLUME 4 OF SURVEYS, PAGE 239, RECORDS OF KING COUNTY; THENCE SOUTH 11° 41' 30" WEST 352.30; THENCE SOUTH 78° 09' 50" WEST 236.01 FEET; THENCE NORTH 29° 00' 00" WEST 99.12 FEET; THENCE NORTH 11° 26' 35" EAST 51.27 FEET; THENCE NORTH 36° 52' 33" EAST 324.55 FEET TO THE TRUE POINT OF BEGINNING; AND EXCEPT COUNTY ROAD (SOUTH 200TH STREET); AND EXCEPT THAT PORTION THEREOF CONVEYED TO THE CITY OF KENT FOR ROAD RIGHT - OF -WAYS AND STORM WATER RIGHT -OF -WAYS AND STORM WATER RIGHT -OF -WAY BY DEED RECORDED UNDER KING COUNTY RECORDING NO. 9705281237; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 032204 -9090: THE WEST 160 FEET OF THE EAST 709.5 FEET OF THE SOUTH 240 FEET OF THE SOUTHEAST 1/4 OF THE NORTHEAST 'A OF SECTION 3, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M.; EXCEPT THE WEST 20 FEET THEREOF; AND EXCEPT ANY PORTION OF THE COUNTY ROAD, IF ANY, THAT LIES WITHIN THE LAND HEREINABOVE DESCRIBED; AND EXCEPT THAT PORTION THEREOF CONVEYED TO THE CITY OF KENT FOR ROAD RIGHT -OF -WAYS BY DEED RECORDED UNDER KING COUNTY RECORDING NO. 9705281237; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 022204 -9011: THAT PORTION OF GOVERNMENT LOT 9 IN SECTION 2, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., LYING EASTERLY OF A LINE DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE WEST LINE OF SAID SECTION 2, AT A POINT 1392.41 FEET SOUTH OF THE NORTHWEST CORNER THEREOF; THENCE SOUTH 88° 45' 19" EAST 145.55 FEET TO THE SOUTHWEST CORNER OF THE M. A. SEGALE PROPERTY, AS SHOWN ON THE RECORDED SURVEY UNDER KING COUNTY RECORDING NO. 7707280568 (VOLUME 4 OF SURVEYS, PAGE 239) AND THE COMMENCEMENT OF SAID LINE; THENCE SOUTH 11° 41' 30" WEST 352.30 FEET; THENCE SOUTH 78° 09' 50" WEST 68.29 FEET TO INTERSECTION WITH THE WEST LINE OF SAID SECTION 2 AND THE TERMINUS OF SAID LINE; EXCEPT THAT PORTION THEREOF DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF THE SOUTHWEST 1/4 OF THE NORTHWEST'' /4 OF SAID SECTION; THENCE NORTH 89° 16' 32" WEST ALONG THE EAST - WEST CENTERLINE OF SAID SECTION, 458.30 FEET; THENCE NORTH 02° 40' 47" EAST 53.72 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTH 02° 40' 47" EAST 68.04 FEET; THENCE NORTH 20° 24' 53" EAST 88.72 FEET; THENCE NORTH 49° 07' 02" EAST 82.00 FEET TO THE INTERSECTION WITH THE SOUTHWESTERLY MARGIN OF FRAGER ROAD; THENCE SOUTH 40° 52' 58" EAST, ALONG SAID SOUTHWESTERLY MARGIN, 117.97 FEET TO A POINT ON A CURVE FROM WHICH THE RADIAL CENTER BEARS SOUTH 49° 07' 02" WEST 798.51 FEET; THENCE SOUTHEASTERLY ALONG AN ARC OF SAID CURVE, CONCAVE TO THE SOUTHWEST, 93.58 FEET TO A POINT ON A NON - TANGENT CURVE FROM WHICH RADIAL CENTER BEARS SOUTH 84° 31' 00" WEST 40.00 FEET; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE, CONCAVE TO THE NORTHWEST, 67.17 FEET; THENCE NORTH 89° 16' 32" WEST 190.00 FEET TO THE TRUE POINT OF BEGINNING; AND EXCEPT ROADS; AND EXCEPT THAT PORTION THEREOF CONVEYED TO THE CITY OF KENT FOR ROAD RIGHT - OF -WAY AND STORM WATER RIGHT -OF WAY BY DEED RECORDED UNDER KING COUNTY RECORDING NO. 9705281237; AND EXCEPT THAT PORTION THEREOF CONVEYED TO THE CITY OF KENT FOR FRAGER ROAD RIGHT -OF- WAY BY DEED RECORDED UNDER RECORDING NO. 9705281238; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 022204 -9015: GOVERNMENT LOT 8 IN SECTION 2, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M.; EXCEPT THE SOUTH 40 FEET THEREOF TO KING COUNTY FOR ROADWAY AS RECORDED UNDER RECORDING NO. 258128; AND EXCEPT THE NORTH 22.8 FEET THEREOF TO KING COUNTY FOR ROADWAY AS RECORDED UNDER RECORDING NO. 1731274; AND EXCEPT THOSE PORTIONS THEREOF CONDEMNED UNDER KING COUNTY SUPERIOR COURT CAUSE NO. 47302 FOR DRAINAGE DITCHES BY THE BOARD OF COMMISSIONERS OF DRAINAGE DISTRICT NO. 2 OF KING COUNTY, WASHINGTON; AND EXCEPT THAT PORTION THEREOF CONVEYED TO THE CITY OF KENT BY DEED RECORDED UNDER RECORDING NO. 9705231403; TOGETHER WITH THAT PORTION OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 3, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID SOUTHEAST 1/4 OF SECTION 3, (SAID POINT ALSO BEING THE NORTHWEST CORNER OF GOVERNMENT LOT 8 IN SECTION 2, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M.); THENCE SOUTH 00 °30'45" EAST ALONG THE EAST LINE OF SAID SOUTHEAST 1/4 OF SECTION 3, A DISTANCE OF 22.8 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 89 °54'02" WEST ALONG A LINE 22.8 FEET SOUTH OF AND PARALLEL TO THE EAST -WEST CENTER LINE OF SAID SECTION 3, A DISTANCE OF 711.96 FEET; THENCE SOUTH 00 °25'36" EAST, A DISTANCE OF 1,264.25 FEET TO A POINT 40 FEET NORTH OF THE SOUTH LINE OF SAID NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 3; THENCE NORTH 89 °40'00" EAST ALONG A LINE 40 FEET NORTH OF AND PARALLEL TO THE SOUTH LINE OF SAID NORTHEAST 1/4 OF THE SOUTHEAST 1/4, A DISTANCE OF 713.84 FEET TO THE EAST LINE OF SAID SOUTHEAST 1/4 OF SECTION 3; THENCE NORTH 00 °30'45" WEST ALONG SAID EAST LINE, A DISTANCE OF 1,262.59 FEET TO THE TRUE POINT OF BEGINNING; EXCEPT THOSE PORTIONS THEREOF CONDEMNED UNDER KING COUNTY SUPERIOR COURT CAUSE NO. 47302 FOR DRAINAGE DITCHES BY THE BOARD OF COMMISSIONERS OF DRAINAGE DISTRICT NO. 2 OF KING COUNTY, WASHINGTON; AND EXCEPT THAT PORTION THEREOF CONVEYED TO THE CITY OF KENT BY DEED RECORDED UNDER RECORDING NO. 9705231403; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 032204 -9092: THAT PORTION OF THE SOUTHEAST 1/4 OF SECTION 3, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING AT THE EAST QUARTER CORNER OF SAID SECTION 3, TURNING THENCE SOUTH 89° 11' 06" WEST ALONG THE NORTH LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 3, A DISTANCE OF 723.80 FEET; THENCE SOUTH 01° 11' 00" EAST 30 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 01° 11' 00" EAST 300 FEET; THENCE SOUTH 89° 11' 06" WEST, PARALLEL WITH SAID NORTH LINE, 220 FEET; THENCE NORTH 01° 11'00" WEST 300 FEET TO THE SOUTH LINE OF THE'NORTH 30 FEET OF SAID SOUTHEAST 1/4; THENCE NORTH 89° 11' 06" EAST 220 FEET TO THE TRUE POINT OF BEGINNING; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 032204 -9093: THAT PORTION OF SOUTHEAST 1/4 OF SECTION 3, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING AT A POINT 30 FEET SOUTH AND 723.80 FEET WEST OF THE NORTHEAST CORNER OF SOUTHEAST 1/4; THENCE SOUTH TO THE NORTH LINE OF SOUTH 204TH STREET; THENCE WEST 746 FEET; THENCE NORTH TO A POINT 527.5 FEET SOUTH OF THE NORTH LINE; THENCE WEST TO ORILLIA ROAD SOUTH; THENCE NORTHERLY ALONG ROAD TO A POINT 30 FEET SOUTH OF THE NORTH LINE OF SOUTHEAST 1/4; THENCE EAST TO BEGINNING; EXCEPT THE NORTH 300 FEET OF THE EAST 220 FEET THEREOF, AND EXCEPT THAT PORTION, BEGINNING 398.4 FEET NORTH OF THE SOUTHWEST CORNER THEREOF;THENCE NORTH 424.1 FEET; THENCE EAST 150 FEET; THENCE SOUTH 424.1 FEET; THENCE WEST 150 FEET TO BEGINNING, AND EXCEPT THAT PORTION, BEGINNING 1,565.30 FEET WEST AND 385.52 FEET SOUTH OF THE NORTHEAST CORNER OF SAID SUBDIVISION; THENCE NORTH 89 °11'06" EAST 120 FEET; THENCE NORTHEASTERLY 138 FEET TO A POINT 284 FEET SOUTH AND 1,340.72 FEET WEST OF THE NORTHEAST CORNER OF SAID SUBDIVISION; THENCE NORTH 01 °11'00" WEST 284 FEET; THENCE WEST TO THE EASTERLY LINE OF ORILLIA ROAD SOUTH; THENCE SOUTHERLY ALONG ROAD TO A POINT NORTH OF BEGINNING; THENCE SOUTH TO BEGINNING; AND EXCEPT ROAD; AND EXCEPT DITCH; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 032204 -9056: THE NORTHEASTERLY 424.1 FEET OF THE SOUTHERLY 822.5 FEET OF THE WEST 150 FEET OF THAT PORTION OF THE SOUTHEAST '/4 OF SECTION 3, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT WHICH IS 412.5 FEET SOUTH AND 1,930.5 FEET EAST FROM THE NORTHWEST CORNER OF THE SOUTHEAST 1/4 OF SAID SECTION 3; THENCE SOUTH 875 FEET, MORE OR LESS, TO THE NORTH MARGINAL LINE OF THE ROAD; THENCE WEST 746 FEET; THENCE NORTH 875 FEET, MORE OR LESS, TO A POINT WHICH IS WEST OF THE POINT OF BEGINNING; THENCE EAST 746 FEET TO THE POINT OF BEGINNING; TOGETHER WITH AN EASEMENT FOR INGRESS AND EGRESS OVER A STRIP OF LAND 30 FEET IN WIDTH, THE CENTERLINE DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTH LINE OF THE ABOVE DESCRIBED MAIN TRACT WHICH IS 527.5 FEET SOUTH AND 1,184.5 FEET EAST OF THE NORTHWEST CORNER OF THE SOUTHEAST'' / OF SAID SECTION 3;THENCE WEST 226 FEET TO THE EASTERLY MARGIN OF 51ST PLACE SOUTH "ORILLA ROAD SOUTH" AND THE TERMINUS OF SAID LINE; SITUATE IN THE COUNTY OF KING; STATE OF WASHINGTON. PARCEL 032204 -9052: THAT PORTION OF THE NORTH HALF OF THE SOUTHEAST 1/4 OF SECTION 3, TOWNSHIP 22 NORTH, RANGE 4 EAST, W. M., DESCRIBED AS FOLLOWS: BEGINNING AT A POINT SOUTH 89° 11' 16" WEST 1,565.30 FEET AND SOUTH 01° 11' 00" EAST 385.52 FEET OF THE EAST QUARTER CORNER; THENCE NORTH 01° 11' 00" WEST 171.01 FEET; THENCE NORTH 10° 39' 06" EAST 137.87 FEET; THENCE NORTH 46° 52' 13" EAST 73.354 FEET; THENCE NORTH 89° 11' 06" EAST 144 FEET, MORE OR LESS, TO A POINT WHICH IS SOUTH 89° 11' 06" WEST 1,340.72 FEET AND SOUTH 01° 11' 00" EAST 30 FEET FROM EAST QUARTER CORNER; THENCE SOUTH 01° 11' 00" EAST 254 FEET; THENCE SOUTHWESTERLY 138 FEET TO A POINT 120 FEET EAST OF THE POINT OF BEGINNING; THENCE SOUTH 89° 1-1' 06" WEST 120 FEET TO THE POINT OF BEGINNING; EXCEPT PORTION FOR ORILLIA ROAD AND SOUTH 200TH STREET AS DEEDED, CONDEMNED, OR ESTABLISHED BY EASEMENT AS OF AUGUST 1, 1999; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 022204 -9036: THAT PORTION OF GOVERNMENT LOT 10 IN SECTION 2, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING ON THE WEST LINE OF SAID SECTION AT A POINT SOUTH 01° 55' 10" EAST 812.83 FEET FROM THE NORTHWEST CORNER THEREOF; THENCE NORTH 37° 42' 25" EAST 12.78 FEET; THENCE SOUTH 42° 49' 45" EAST 193.04 FEET; THENCE SOUTH 30° 11' 35" WEST 85.52 FEET; THENCE NORTH 58° 59' 10" WET 104.89 FEET TO THE WEST LINE OF SAID SECTION 2; THENCE NORTH 01° 55' 10" WEST 150.65 FEET TO THE POINT OF BEGINNING; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 022204 -9061 BEGINNING AT THE SOUTHEAST CORNER OF THE SOUTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 2, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M.; THENCE NORTH 89 °16'32" WEST, ALONG THE EAST -WEST CENTERLINE OF SAID SECTION, 458.30 FEET; THENCE NORTH 02 °40'47" EAST 53.72 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING NORTH 02 °40'47" EAST 68.04 FEET; THENCE NORTH 20 °24'53" EAST 88.72 FEET; THENCE NORTH 49 °07'02" EAST 82.00 FEET TO AN INTERSECTION WITH THE SOUTHWESTERLY MARGIN OF FRAGER ROAD; THENCE SOUTH 40 °52'58" EAST, ALONG SAID SOUTHWESTERLY MARGIN, 117.97 FEET TO A POINT ON A CURVE FROM WHICH THE RADIAL CENTER BEARS SOUTH 49 °07'02" WEST 798.51 FEET; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE CONCAVE -TO THE SOUTHWEST 93.58 FEET TO A POINT ON ANON- TANGENT CURVE FROM WHICH THE RADIAL CENTER BEARS SOUTH 84 °31'00" WEST 40.00 FEET; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE CONCAVE TO THE NORTHWEST, 67.17 FEET; THENCE NORTH 89 °16'32" WEST 190.00 FEET TO THE POINT OF BEGINNING; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 032204 -9049 THOSE CERTAIN 30 AND 40 FOOT STRIP(S) LYING WITHIN THE SOUTHEAST ''A OF SECTION 3, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., AS CONDEMNED ON OCTOBER 7, 1905, FOR DRAINAGE DITCH RIGHT -OF -WAY, FOR THE BENEFIT OF DRAINAGE DISTRICT NO. 2 OF KING COUNTY, IN KING COUNTY SUPERIOR COURT CAUSE NO. 47302; SITUATE IN THE CITY OF KENT, COUNTY OF KING, STATE OF WASHINGTON. PARCEL 032204 -9062: PARCEL A: THAT PORTION OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 3, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING AT AN IRON PIPE MARKING THE SOUTHEAST CORNER OF SAID SECTION 3, SAID PIPE BEING 335.00 FEET EASTERLY FROM A CONCRETE MONUMENT; THENCE NORTH, ALONG THE EAST LINE OF SAID SECTION 3, 2,139.83 FEET; THENCE WEST, AT RIGHT ANGLES TO SAID EAST LINE, 1,472.93 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 88 °57'43" WEST, 234.57 FEET; THENCE SOUTH 27 °37'40" WEST, 264.86 FEET; THENCE SOUTH 48 °11'25" WEST, 269.46 FEET; THENCE SOUTH 51°58'10" EAST, 310.00 FEET, MORE OR LESS, TO THE INTERSECTION WITH THE NORTHERLY LINE OF A COUNTY ROAD (ALLEN CLARK ROAD NO. 665); THENCE EASTERLY, SOUTHERLY, EASTERLY ALONG NORTHERLY, EASTERLY AND NORTHERLY LINE OF SAID COUNTY ROAD, TO A POINT, WHICH BEARS SOUTH 0 °13'04" WEST FROM THE TRUE POINT OF BEGINNING; THENCE NORTH 0 °13'04" EAST, 760.00 FEET, MORE OR LESS, TO THE TRUE POINT OF BEGINNING; EXCEPT THAT PORTION THEREOF CONDEMNED FOR ROAD IN KING COUNTY SUPERIOR COURT CAUSE NO. 653033; ALSO EXCEPT THAT PORTION THEREOF CONVEYED TO THE COUNTY OF KING FOR ORILLIA ROAD SOUTH BY DEED RECORDED UNDER RECORDING NO. 5975360; ALSO EXCEPT THAT PORTION THEREOF, LYING EAST OF A LINE 1,184.50 FEET EAST OF AND PARALLEL WITH THE WEST LINE OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 3; ALSO EXCEPT THAT PORTION THEREOF, LYING NORTH OF A LINE 412.50 FEET SOUTH OF AND PARALLEL WITH THE NORTH LINE OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 3; AND EXCEPT THAT PORTION THEREOF, LYING SOUTH OF THE NORTH LINE OF SOUTH' 204TH STREET (ALLEN CLARK ROAD NO: 665); " TOGETHER WITH THAT PORTION OF VACATED SOUTH 204TH STREET ADJOINING, PURSUANT TO KING COUNTY ORDINANCE 3430, AS RECORDED UNDER RECORDING NO. 7710120661, RECORDS OF KING COUNTY, AS WOULD ATTACHED TO SAID PROPERTY BY OPERATION OF LAW; PARCEL B: THAT PORTION OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 3, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., LYING SOUTHERLY OF A TRACT OF LAND DEEDED TO CHARLES N. ANDERSON AND LOUISE ANNA ANDERSON RECORDED UNDER RECORDING NO. 4738153, EASTERLY OF ORILLIA ROAD AND WESTERLY OF SOUTH 204TH STREET (ALLEN CLARK ROAD NO. 665); EXCEPT THAT PORTION THEREOF CONDEMNED FOR ROAD IN KING COUNTY SUPERIOR COURT CAUSE NO. 653033; ALSO EXCEPT THAT PORTION THEREOF CONVEYED TO THE COUNTY OF KING FOR ORILLIA ROAD SOUTH BY DEED RECORDED UNDER RECORDING NO. 5975360; AND EXCEPT THAT PORTION THEREOF, LYING SOUTH OF THE NORTH LINE OF SOUTH 204TH STREET (ALLEN CLARK ROAD NO. 665); SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. EXHIBIT B SITE DEPICTION OF THE ANNEXED PROPERTY H11 1N11 9111! tiiu RIFE :Ila ■ 111111 111111 111111 ■11/.11 11.11■ 11 11'1L, 1; 111_111111111 _111111. Minna u1 ■. N - 161111�f..�'�1� :.n__e �t`=f11111'I�lIlIu._ :IIUIC �I iii ■111P1��■11 YII .1- :.1:1111:.1:�1� _ irill1:i::::111III -111.11:011111111.1 ° ° °II" IIIIIIu111ur =CI 11 111111 11161 111111C..e1:= .. 111IIliiII1 li 1111_ 11111111111111111 111111111 =imu mwl■Illm =1111�ll 11111 iu:Ci1:isit r 11111111111111/11111112 t11111t111111111111111■ 2: -rfq iii 1111 1111 :1 4 Eno mio :s1:�11ililip= = :111_ =giii1 ■ ■11= ■111; • rifir i► -14111 %1111ms ,111111 /• n111111n 11111111■■■ 111111111111 Innn11111111M II 1111111H �l ■1 Ipiil iuI Z11I1111'lli� •...._■ :NII:11: 1 r • .T417:57.111/ i. \11U1 111: Milan :IIC L S 186 ST MEMO NM xi ..-., • 1.111■■■ ►.■1.111 MI IMAM 111...,1 an S 188 ST ■11■ /11 • if a NIS -- NIMM IMM •• NIP — 11 1 RV" ANGLE LAK 911, I/ AI 1 ItELs■ i f 0 } PROJECT II ��•/- LEGEND: • GOLDSMITH TUKWILA SOUTH PROJECT rII TUKWILA MUNICIPAL BOUNDARY AFTER LA PIANTA ANNEXATION EXISTING TUKWILA/ KING COUNTY LINE AREA TO BE ANNEXED TO THE CITY OF TUKWILA TUKWILA SOUTH ANNEXATION AREA TUKWILA. KING COUNTY. WASHINGTON EXHIBIT C COPY OF THE MINUTES FROM THE TUKWILA CITY COUNCIL GENERAL HEARING HELD ON JANUARY 18, 2005 TUKWILA CITY COUNCIL MEETING Council Chambers — City Hall January 18, 2005 — 7:00 p.m. REGULAR MEETING CALL TO ORDER/PLEDGE OF ALLEGIANCE: Pamela Linder, Mayor Pro Tem, called the Regular meeting to order at 7:00 p.m. and led the audience in the Pledge of Allegiance. ROLL CALL: Jane Cantu, City Clerk, called the roll of Council. Present were Councilmembers Joe Duffie, Joan Hernandez, Pam Carter, Jim Haggerton, Pamela Linder, Dennis Robertson and David Fenton. OFFICIALS: Shelley Kerslake, City Attorney; Lucy Lauterbach, Legislative Analyst; Jane Cantu, City Clerk; Bob Baker, Deputy City Clerk; Kevin Fuhrer, Finance Director; David Haynes, Acting Police Chief; Steve Lancaster, Director, Community Development; Lisa Verner, Project Coordinator, Community Development; and Derek Speck, Economic Development Administrator. Steven M. Mullet, Mayor, was not present. SPECIAL PRESENTATION: Update — Regional Long Range Transit Plan - Sound Transit Steve Lancaster, Director of Community Development, introduced Paul Matsuoka, Sound Transit's Chief Policy and Planning Process Officer. Mr. Matsuoka brought and presented two packages of information. One was reviewed with the Council and the other was left "for leisurely reading." Sound Transit will hold ten public hearings and present "Connecting the Region — Preparing for the future Long Range Plan SEIS." At those meetings, Sound Transit staff will: 1. accept public comments on the Draft Sensitive Environmental Impact Statement, 2. provide information about their planning efforts to date, 3. review potential environmental impacts and benefits, and 4. review completed mass transit services and facilities, as well as future possibilities. Comments on the DSEIS will be taken at the public hearings, and in written form, through January 31, 2005. Mr. Matsuoka presented an historical overview of Sound Transit's planning process, beginning with the first environmental impact statement being completed (on the regional system) in 1993. Among other statistics and information provided, the Planning Process Officer noted Sound Transit's expectation that ridership numbers will increase by 1.2 million by the year 2030, as well as ,a 45% employment increase, both resulting in "all -day congestion." For those reasons, Sound Transit is asking what they can do to help manage the growth in terms of transportation needs. Alternatives and options evaluated by the DSEIS to help manage the growth (in terms of transportation) include Sound Move, WSDOT "Nickel" projects, Green Line Monorail project; Light rail extensions (in north, south and east directions), additional commuter buses and rail facilities, rapid transit buses and streetcars. City of Tukwila Page 2 of 5 City Council Regular Meeting Minutes January 18, 2005 Mr. Matsuoka called for comments and inquiries from Council. Of great interest was whether or not Sound Transit would be able to bring the alignment to Southcenter. Characterized as "curious," one Councilmember asked why the alignment could go to the SeaTac Airport, yet not Southcenter. Mr. Matsuoka reminded those present that the "Tukwila Freeway Route" is the official plan "on the books" with Sound Transit. Without any plans of deviation, this is the plan to be implemented. In the end, Mr. Matsuoka informed Council he would provide copies (hard copies and/or in CD format) of the Draft Environmental Impact Statement for their review as many reported not yet seeing it. CITIZEN COMMENT /CORRESPONDENCE: Claire Henson, 12414 Military Road South, Seattle (Boulevard Park), informed Council of the creation of Bree's Way, an organization which intends to create a "special needs" park for "special needs" people. Her daughter is one such person. Additionally, she noted Boulevard Park is considering annexation into the City of Tukwila. In doing so, she noted Boulevard Park would be a positive place to live, with a positive identity. A study group has been formulated to determine how to make the area a better place altogether. An informal survey shows 84% of those polled (total number not stated) would like a better identity. The same survey also showed 61% of those polled to be in favor of annexing into Tukwila. The group is actively seeking comments (written or verbal) from residents who are interested into annexing to a local, nearby City. Tukwila currently is the number -one choice. Ms. Henson spoke in favor of a Joint Tukwila City Council and Boulevard Study Group meeting. Amongst other community offerings, Boulevard Park boasts three elementary schools (one to dose at the end of this school year, however). Carla Sumpter, 2214 South 118th Street, Boulevard Park, spoke of the need to annex Boulevard Park into a nearby City. She does not want to be incorporated into Burien. She shops in Tukwila, has served on a Tukwila jury and "identifies with Tukwila." Olanda Groqe, 11534 — 28th Ave. SW, North Highline area member of their area council, noted correspondence in 2004 from City of Tukwila officials regarding disinterest in annexation efforts. Just as time has gone by, Ms. Groge believes circumstances have changed which now merit reconsideration. Jim Haggerton, former Council President, noted his signature was attached to the referenced letter (by Ms. Groge). He also noted not being "terribly optimistic" that circumstances had changed to a degree where the Council would yet reconsider. Ms. Linder spoke of Tukwila nearly tripling in size within the past. 15 years due to an annexation which "we're still in the process of dealing with." She noted a sense of community and infrastructure needs are foremost on everyone's minds. The Council President then asked Rhonda Berry, City Administrator, to contact King County for statistical figures and to follow up with Council. Anna Bernhard 14241 — 59th Ave. South, Tukwila, spoke in favor of allowing current Tukwila citizens the right to be heard (via a vote or some other means) on whether or not they want others to annex into the City. CONSENT AGENDA: a. Approval of minutes — January 3, 2005 — Regular meeting b. Approval of vouchers — 313025 - 313313, in the amount of $1,040,047.08 DUFFIE MOVED; HERNANDEZ SECONDED; TO APPROVE THE CONSENT AGENDA AS PRESENTED. The motion carried 7 -0. City of Tukwila Page 3 of 5 City Council Regular Meeting Minutes January 18, 2005 UNFINISHED BUSINESS: a. An ordinance renewing a moratorium relative to transit - oriented development (TOD) areas AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, RENEWING A SIX -MONTH MORATORIUM ON ACCEPTANCE OF APPLICATIONS FOR CERTAIN LAND DIVISIONS, AND DEVELOPMENT ACTIVITIES AND LAND USES WITHIN THE AREA DESIGNATED FOR TRANSIT ORIENTED DEVELOPMENT AROUND THE TEMPORARY COMMUTER RAIL/AMTRAK STATION AT LONGACRES; PROVIDING FOR SEVERABILITY; AND DECLARING AN EMERGENCY FENTON MOVED; ROBERTSON SECONDED; TO HAVE THE PROPOSED ORDINANCE READ BY TITLE ONLY. The motion carried 7 -0. Shelley Kerslake, City Attorney, read the title of the proposed ordinance. FENTON MOVED; DUFFIE SECONDED; TO ADOPT THE PROPOSED ORDINANCE AS READ. The motion carried 7 -0. ADOPTED ORDINANCE #2081 b. Authorize Mayor to siqn a contract with Huckell Weinman Associates (HWA), Inc., in the amount of $39,072.01, for preparation of a supplemental Environmental Impact Statement and Planned Action Ordinance for the Tukwila Urban Center. FENTON MOVED; DUFFIE SECONDED; TO AUTHORIZE THE MAYOR TO SIGN A CONTRACT WITH HUCKELL WEINMAN ASSOCIATES, INC., IN THE AMOUNT OF $39,072.01, FOR PREPARATION OF A SUPPLEMENTAL ENVIRONMENTAL IMPACT STATEMENT AND PLANNED ACTION ORDINANCE FOR THE TUKWILA URBAN CENTER. The motion carried 7 -0. NEW BUSINESS: Consideration of request to accept 10% Request for Annexation, received from La Pianta, LLC. — Petitioner — Mark A. Segale, Vice President. Lisa Verner, Project Coordinator, provided background on the issue. She reported approximately one- half of the Segale property is located within Tukwila's city limits, while the other one half is located within unincorporated King County. Proposed for annexation are approximately 250 acres. The City Council is being asked (by the applicant, LaPianta, LLC) to approve a 10% petition, authorize the circulation of the Petition for Annexation (60% Petition), and require both the simultaneous adoption of zoning and the assumption of some existing city indebtedness. Should Council accept the proposed annexation "as presented or with modifications, the Council authorizes the circulation of the Petition for Annexation, which must be signed by owners of 60% of the value of the property included in the annexation boundaries." Council received a copy of the Request for Annexation (Petition), a list of tax lots and a map of the designated area. Ms. Verner noted the City's Comprehensive Plan calls for a Master Plan and identifies a zoning designation of Tukwila Valley South (TVS) for this property. While a draft Tukwila South Master Plan has •been. submitted .for staff review, Council will not see it until late 2005. Additionally,,the_Project Coordinator noted the property in question would be subject to a City- approved Development Agreement. Councilmember Robertson noted Council has not seen the mentioned Development Agreement in any format (draft or final). Additionally, Council has not yet seen an annexation plan or draft EIS. He spoke in favor of viewing all named documents prior to annexation. Ms. Verner reported all documents are works in progress and may be available as early as the end of February 2005. City of Tukwila Page 4 of 5 City Council Regular Meeting Minutes January 18, 2005 City staff reported no time requirement exists to return a 60% petition. Moreover, it cannot be submitted until such time as staff has a final EIS and Development Agreement. Both sides must come to an agreement on the issues before the 60% Petition may be submitted. It was stressed that there is absolutely no commitment on the City's behalf if a petition is filed. Ms. Verner agreed to submit a proposed, written timeline of the forthcoming issues. Sue Carlson, on behalf of Petitioner La Pianta, LLC, called this a "complex, yet do -able process." She thanked the Council for their consideration of the petition. As part of her duties with La Pianta, she has been working with King County to resolve many issues and noted, "annexation could take place as soon as 90 days after acceptance of the 60% petition," and action in connection with all paperwork — the last piece of which will be a required ordinance. For the record, Councilmember Carter noted this area was designated as a Potential Annexation Area 10 years ago. Councilmembers Hernandez, Robertson and Mayor Pro Tem Linder all spoke favorably of the proposed annexation. HERNANDEZ MOVED; ROBERTSON SECONDED; TO ACCEPT THE 10% REQUEST AS SUBMITTED, AUTHORIZE CIRCULATION OF THE 60% PETITION FOR ANNEXATION, AND REQUIRE BOTH THE SIMULTANEOUS ADOPTION OF ZONING AND THE ASSUMPTION OF EXISTING CITY INDEBTEDNESS. The motion carried 7 -0. REPORTS: a. Mayor Mayor Mullet was absent. b. CounciL Councilmember Joe Duffie attended Alan Doerschel's retirement "Roast." Councilmember Joan Hernandez attended the January 13 Joint Planning Commission /City Council meeting and subsequent Equity and Diversity Commission meeting and the January 14 Southwest King County Chamber of Commerce luncheon. Ms. Hernandez reported the City of Tukwila would be divided into two separate /distinct legislative districts according to newly proposed (King County) redistricting maps. Mayor Pro Tem Pamela Linder attended a January 12 results -based workshop on accountability, facilitated by Mark Friedman. She also attended a Southwest King County Economic Development Initiative Executive Committee meeting the same day. On January 13, Ms. Linder attended the South King County Human Services Board meeting. Councilmember Pam Carter attended the January 11 Highway 99 Action Committee meeting and a Transportation Policy Board meeting on January 13. Ms. Carter also attended an Economic Forecast meeting on January 15 as well as a press conference conducted by the Association of Washington Cities (AWC) on the State of the Cities. Today, the Councilmember attended a SCATBd meeting. Councilmember Jim Haggerton. - attended Cascade .Water- Alliance's meeting of the Finance and Resources Joint Committees. Councilmember Dennis Robertson attended this evening's Finance and Safety Committee meeting. Councilmember David Fenton announced the first Utilities Committee meeting is January 19. c. City Administrator Rhonda Berry was absent. City of Tukwila Page 5 of 5 City Council Regular Meeting Minutes January 18, 2005 d. City Attorney Shelley Kerslake provided an update on Sound Transit issues and cautioned the Council to not discuss the Tukwila Freeway Route until further Court (of Appeals) decisions are made. Ms. Kerslake next informed the Council that the Woodside Apartment building owner /manager would likely receive notice on January 19 that due to non - payment all electrical power (in general areas) is likely to be cut. The owner is currently $24,000.00 in arrears. Additional information will follow. e. Legislative Analyst Lucy Lauterbach reminded Council of the January 21 and 22 City Council Retreat. ADJOURNMENT: 8:48 p.m. DUFFIE MOVED; FENTON SECONDED; TO ADJOURN THE REGULAR MEETING. The motion carried 7 -0. Pamela Linder, Mayor Pro Tem Robert H. Baker, CMC, Deputy City Clerk Date minutes approved: March 7. 2005 EXHIBIT D TUKWILA SOUTH ANNEXATION AREA PARCEL LIST Property Owner La Pianta LLC La Pianta LLC La Pianta LLC La Pianta LLC La Pianta LLC La Pianta LLC La Pianta LLC La Pianta LLC La Pianta LLC La Pianta LLC La Pianta LLC La Pianta LLC La Pianta LLC La Pianta LLC La Pianta LLC La Pianta LLC La Pianta LLC La Pianta LLC La Pianta LLC La Pianta LLC La Pianta LLC La Pianta LLC La Pianta LLC La Pianta LLC La Pianta LLC Tukwila Historical Society King County King Co. Drainage Dist. .2 La Pianta LLC Tukwila South Annexation Area Parcel List Parcel Identifier 3523049050 3523049078 3523049041 3523049117 0222049037 0222049040 0222049033 3523049016 0222049008 3523049066 3523049065 0222049043 0222049057 0322049047 0322049106 0239000352 0322049100 0322049006 0322049090 0222049011 0222049015 0322049092 0322049093 0322049056 0322049052 0222049036 0222049061 0322049049 0322049062 Total: Tukwila South Annexation Petition June 10, 2009 Area Area Map Assessed (SF) (Acres) Parcel No. Jurisdiction S -T -R Value 11,848 0.27 124 Tuk. & King Co. 35 -23 -4 EWM $29,600 * 13,503 0.31 128 King County 35 -23-4 EWM $700 1,126,897 25.87 129 King County 35 -23-4 EWM $901,500 10,000 0.23 130 King County 35 -23 -4 EWM $7,500 37,633 0.86 131 King County 2 -22 -4 EWM $316,000 37,296 0.86 132 King County 2 -22 -4 EWM $74,500 649,915 14.92 133 King County 2 -22 -4 EWM $519,900 175,111 4.02 135 King County 35 -23 -4 EWM $4,000 264,844 6.08 136 King County 2 -22 -4 EWM $161,000 12,632 0.29 137 King County 35 -23-4 EWM $700 23,087 0.53 138 King County 35 -23 -4 EWM $100 905,612 20.79 139 King County 2-22-4 EWM $1,811,200 382,456 8.78 140 King County 2 -22-4 EWM $133,800 520,106 11.94 141 King County 3 -22 -4 EWM $260,000 87,120 2.00 142 King County 2 &3 -22 -4 EWM $174,200 114,747 2.63 143 King County 3 -22-4 EWM $69,000 648,173 14.88 144 King County 3 -22-4 EWM $281,000 841,143 19.31 145 King County 3 -22 -4 EWM $420,500 23,240 0.53 146 King County 3 -22-4 EWM $34,800 1,176,991 27.02 147 King County 2 -22 -4 EWM $882,700 2,112,224 48.49 148 King County 2 &3 -22-4 EWM $1,584,100 66,211 1.52 149 King County 3 -22-4 EWM $73,000 801,068 18.39 150 King County 3 -22 -4 EWM $266,000 63,597 1.46 151 King County 3 -22 -4 EWM $42,000 53,143 1.22 234 King County 3 -22 -4 EWM $75,000 15,900 0.37 309 King County 2 -22 -4 EWM $2,000 31,477 0.72 310 Kent & King Co. 2 -22 -4 EWM $31,400 29,911 0.69 311 King County 2 &3 -22 -4 EWM $200 357,627 8.21 312 King County 3 -22-4 EWM $475,000 10,593,512 243.19 $8,631,400 ** Total Value of All Parcels: $8,631,400 Total Value of All La Pianta Parcels: $8,597,800 La Pianta Percentage of Total Value: 99.61% * TOTAL ASSESSED VALUE OF TAX LOT: $148,100. EST. 4/5 OF TAX LOT IN TUKWILA & 1/5 IN KING COUNTY. ** TOTAL ASSESSED VALUEOF TAX LOT: $300. EST. 1/3 OF TAX LOT IN KENT & 2/3 IN KING COUNTY. Total Area Being Annexed to the City Frager Road: S. 200th Street Orillia Road (3300'x60' est.): Total Area of Above Parcels (SF): Total Area (SF): Total Area (Acres): Tukwila South Annexation Petition June 10, 2009 198,084 SF 334,105 SF 198,000 SF 10,593,512 SF 11,323,701 SF 259.96 Acres LAW OFFICES Gierke, Curwen, Dynan & Jones, P. TACOMA OFFICE 2102 NORTH PEARL STREET SUITE 400, BUILDING D - TACOMA, WA 98406 -2550 253 - 752 - 1600/253- 383 -3761 TOLL FREE: .877- 797 -1600 FACSIMILE: 253- 752 -1666 GREGORY B. CURWEN 2 MARK J.DYNAN CLARENCE-C. JONES, JR. ` MARK W. CONFORTI 5 ELIZABETH C. THOMPSON 1'3'8 ROBERT L. BOWMAN' CHRISTI C. GOELLER KIMBERLY J. COX • MATHEW D. MARINELLI 8 Christy O'Flaherty, CMC City Clerk City of Tukwila 6200 Southcenter Blvd. Tukwila, WA 98188 SEATTLE OFFICE WELLS FARGO CENTER 999 THIRD AVENUE SUITE 2525 SEATTLE, WA 98104 -4089 TOLL FREE: 877- 797 -1600 , FACSIMILE: 253 - 752 -1666 REPLY TO: TACOMA OFFICE June 8, 2009 . �tlECFJ En )JUN 0 8 2009 COMMON -i Y DEVELOP . E lT BRADFORD M. GIERKE (1937 -1995) HUGO METZLER, JR. (1911 -1995) ' Also admitted in the District of Columbia 2Also admitted in Georgia 'Also admitted in Hawaii • `Also admitted in Illinois 5AIso admitted in Maryland 5 Also admitted in Oregon •'Also admitted in Minnesota 8AIso admitted in California Lisa Verner Tukwila South Project Manager City of Tukwila 6200 Southcenter Blvd. Tukwila, WA 98188 Re: .Tukwila South Project Annexation (259 Acres)" First Bonding Special District: King County Fire. Protection District #24 Date of Hearing: Our File No.: 6/8/09 09 -5675 Dear Clerk O'Flaherty, Ms. Verner, and Members of the Tukwila City Council: Our firm represents King County . Fire Protection District #24 with regard to the proposed annexation of approximately 74 percent of the Fire District's current area located in unincorporated King County adjacent to the current municipal boundaries for the City of Tukwila. As an involved special district operating pursuant to the provisions of RCW 52.14; the Fire District wishes to raise issues that would be impacted by Tukwila's annexation of substantially all of the Fire District. It does not appear from the City',s Land Use File that the City of Tukwila ever sent a copy of their revised annexation plan to KCFPD #24,.even.though the District responded to 'Tukwila's first EIS Statement in 2005. The City's first version of the EIS did not include . the Fire District's comments or remarks. The City of SeaTac is the only jurisdiction with statutory responsibility to provide continued and ongoing fire and EMS services to the. District' as a result of its incorporation of approximately 98 percent of the original Fire District's territory.. That contract calls for all residual funds at the end of each budget year to go to the City of SeaTac to fund the District's proportionate cost of 'fire and EMS service within the Fire District. Because it still has taxing authority, the District pays for regular commissioner meetings as required. by law for public access, county elections, liability insurance, potential legal expenses, required state audits, advertising; annual taxes, and budget meetings.' This typically results in only a nominal residual left for the City of SeaTac. The Fire District is, however, contractually obligated to pay this sum to the City of Christy O'Flaherty, CMC Lisa Verner June 8, 2009 Page 2 SeaTac. Following the proposed .Tukwila South Annexation, the Fire District will have essentially the same costs but only 25. percent of the revenue that currently exists., The City and the annexing developer have requested that the Boundary Review Board remove an area including the proposed annexation area east of Orillia Road, a major arterial and natural boundary, as well as a residual area west of the arterial. This will produce fire and EMS service impacts.. Those impacts will become even more acute when 74 percent of the revenue is removed from Fire District #24, for providing services to the remaining residential area on the steep hillside, west of Orillia Road. The cost to provide the necessary infrastructure to contract for services from the 'City of SeaTac for this area will remain essentially the same. Furthermore, the topography of an even smaller island left due to the proposed developer - driven annexation creates unique circumstances which are exacerbated by the lack of fire hydrants on the west side of Orillia Road. The grades to some properties limit the type of fire equipment apparatus which may be deployed to a fire, and the lack of hydrants within standard distances further complicate fire operations. Additionally, the topographical issues create a greater than normal concern for fire and EMS response time, which has progressively gotten worse over the last few years. While these conditions currently exist, it will become even more difficult to fund the required minimal fire and EMS services . and to correct some of the fire support. deficiencies due to the significant reduction" in levy capacity and the loss of reserves designed to accomplish these functions. The annexation will significantly draw down Fire District #24 assets, which were set aside . for improving future response time and/or access to fire hydrants. It is the District's position that fire hydrants should be installed on the west side of Orillia Road to provide minimal acceptable service to the above properties, to reduce response time, to place water on a fire, and to prevent the shutting down of Orillia Road by extending hose supply lines from existing hydrants on the east side of Orillia Road. This will be particularly true for any fire department response coming from ' Tukwila Fire Services. The ;following are the specific concerns which KCFPD #24 wishes the City of Tukwila to address, which have not been otherwise addressed by the City's earlier materials and EIS on this annexation project: 1. Tukwila will ultimately, receive a major portion of the District #24 reserve as a result of the transfer_ of a like portion of the District's assessed value. Will the City of • Tukwila use those funds to provide two hydrants on the west side of Orillia Road, which will result in all properties being within 1000 feet of a fire' hydrant, which is standard spacing in typical residential neighborhoods? 2. Currently, Orillia Road between the proposed annexation area and the remaining unincorporated area of District #24 is a heavily traveled and important commercial route between the airport and valley industry, and is located in the County. Will fire and EMS Services be assumed by Tukwila for this section of the arterial? If not, who Christy O'Flaherty, CMC Lisa Verner June 8, 2009 Page 3 then will be responsible for emergency services, and the municipal liability for lack of timely fire and EMS services in this section? For any of the portion of KCFPD #24 covered by the proposed Tukwila South Annexation Project, will the Tukwila Fire Department provide a minimum of Class Three fire and EMS service following the annexation? 3. How will the City of Tukwila address the KCFPD #24's financial' contractual obligation to the City of SeaTac for payment of services to. SeaTac if Tukwila annexes 75 percent of the tax base? KCFPD #24 is contractually obligated to reimburse the City of SeaTac for certain fire and EMS services substantially west of the current annexation boundary: With insufficient expense funds, it would be unable to fulfill its contractual responsibility to the City of SeaTac to fund the proportionate cost of fire and EMS service to this remaining portion of the District not impacted by the annexation. The reserve funds have been set aside for capital needs such as a small station, or the above mentioned fire hydrants. The expense fund holds all the taxes collected in current years for current operating expenses. 4; Most of the District #24 expense fund is necessary to provide the legal infrastructure to operate the fire district. Even if Tukwila agrees to provide fire/EMS service, there would still be a need" for the expense fund taxes at relatively the same amount to . support the required minimal activity of the District to legally collect taxes and contract for fire/EMS service, and to protect the citizens' interest from potential litigation. Without adequate funding, KCFPD #24 would be unable to legally operate and to fulfill its legal obligation to assess and collect taxes with a three- person commission if substantially all of the tax revenue generated is removed to the City of Tukwila with no commensurate fire and EMS service available to certain District residents. 5. FEMA has suggested an increased flood plain. While' this has not yet been resolved, some agencies in the region believe that the flood zone should be increased, commensurate with the formula used on the larger, east side of the Green River. The Corps of Engineers have stated various river levees, including some of those in the vicinity of this proposal, are weak; and last January the Corps of Engineers allowed additional flooding in the Pacific area as a result of a breach in an area adjacent to the Howard Hansen Dam. The Corps has not yet clarified when that will be repaired but has stated that until it is, there is likelihood that many areas, which have previously been protected by the river levees, may see flooding. As a result of these concerns, some jurisdictions have placed a moratorium on construction until these engineering decisions have been resolved. Has Tukwila considered the potential for interruption of fire and EMS services to the annexed and adjacent areas such as Orillia Road and Fire District #24 should failures of some sort occur in the horseshoe bend or adjacent areas under such a circumstance? The City also has potential interruption of service due to train activity from the south fire station at present. Christy:O'Flaherty, CMC Lisa Verner June 8, 2009 Page 4 6. Does the City of Tukwila have in place a pre- existing agreement with the City of SeaTac to respond to the areas of District #24 within and outside the .proposed annexation area? If so, has the City. of Tukwila determined if the City's apparatus can navigate the steep,• narrow drives leading to the homes west of,Orillia Road located on the steep hillside, with some areas of restrictive points of departure? Will the City of Tukwila Fire Department be able to provide. appropriate 4 minute EMS and 5 minute fire response times to that portion of KCFPD #24's current residents who are planned to be covered by the annexation area or who fall just outside of that area . and are not otherwise adequately served by the City of SeaTac? 7. Has the City of Tukwila addressed the issue of emergency closure of Orillia Road to provide access' to existing fire .hydrants on South 200th Street when a residential fire occurs on the west side of Orillia Road? Has Tukwila considered. "the lack of adequate fire hydrants on the west side of Orillia. Road and the current inability to provide emergency water support service for fire apparatus to the residents in that area? . The City of SeaTac is relocating their headquarters station to South 170th Street from the former 200th Street Station, which will become a satellite station with reduced" equipment and manpower staffing: Response time into the District ' #24 area has already slowed significantly due to changes in fire and EMS dispatch operations over the years. The move of more resources to the 170th Street station may further diminish response times into the Orillia Corridor during most hours of the day. How will the City of Tukwila address this issue if SeaTac is unable to provide timely Class 3 or Class 4 response time for fire and EMS services to protect portions of Fire District #24? The annexation of substantially 75 percent of KCFPD #24 by the City of Tukwila will exclusively benefit those on the floor of the valley to the detriment of"those residents on the unincorporated hillside of the current KCFPD #24. Money paid in by those KCFPD #24 taxpayers to their reserve . fund should directly benefit the area within which the " District assessed and collected tax - revenue; those funds should be dedicated to that portion of KCFPD #24 included in this proposed annexation. If the City does not intend to make this commitment, .how does it intend to address the fact that the residents' tax revenue, legally assessed and collected by Fire District #24 and currently dedicated to the "residents of the District #24 area, is going to be commingled with other City of Tukwila tax revenue without guaranteeing that the • current Fire District #24 residents will receive a commensurate value in service from the City of Tukwila? 10. As you know, the area set to be annexed from KCFPD #24 to the City of Tukwila is essentially at the apex of a confluence of four separate municipalities: King County, the City of SeaTac, the City of Tukwila, and the City of Kent. The responsibility of the annexing municipality to provide critical fire and . EMS service must ` 'be Christy O'Flaherty, CMC • Lisa Verner June 8, 2009 Page 5 recognized and assured, as well as the impact this annexation will have over those KCFPD #24 residents not currently envisioned in the annexation process that risk having essential fire and EMS services significantly impacted by an annexation that - does not touch the other 24 percent of the Fire District's boundary area The Legislature has, however, recognized the duty and the obligation of the annexing municipality to take these and other factors into consideration under RCW 35A.14.001. 11. It is important for the City of Tukwila not to lose sight of the fact that this is essentially a one corporate owner, one-proponent annexation process, in which the City has taken the position that there are only two really interested parties, the City of , Tukwila and La Pianta, LLC for the Tukwila South Development. The proposed annexation, however; does carry". some degree of risk and a recognizable impact, to both residents and constituents of KCFPD #24 who will 'be omitted from the - annexation process. The net result of the proposed annexation to the, remaining Fire District #24 residents in a small district without an adequate tax base and reserve fund will jeopardize the District's ability to pay SeaTac or. Tukwila for fire and EMS services for residents in the former Fire District #24 area. It should be pointed out that this particular area sought to be annexed bythe City of Tukwila was left out of the original SeaTac incorporation by the Boundary Review Board at the express request of the City of Tukwila. King County Fire Protection District #24 respectfully requests that the City of Tukwila address the issues outlined by KCFPD #24 with regard to this Petition for. Annexation and'not allow a major developer's financial interests to, totally override the interests of those residents and constituents within Fire. District #24 to be included in the annexation and those omitted from it. Very truly yours, RY B. C GBC:sw cc: Chief James Adsley, Ret. KCFPD #24 Investment Officer /Contract,Administrator Chris Bauer, Commissioner, KCFPD #24 Alicia B. Pittinger, Commissioner, KCFPD #24 • Violet Bauer, Commissioner, KCFPD #24 City of Tukwila Washington / f Resolution No. �� 6 l ATTACHMENT 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, COMMITTING TO INITIATE AN ANNEXATION PROCESS FOR A CERTAIN UNINCORPORATED ISLAND OF TERRITORY AFTER SUCH ISLAND BECOMES CONTIGUOUS TO THE CITY. WHEREAS, the City has received a notice of intention to commence annexation proceedings related to the territory known as the La Pianta annexation area, the boundaries of which are described in Exhibit A, which is attached hereto and incorporated as if set forth in full; and WHEREAS, the City Council intends to authorize the circulation of an annexation petition for the La Pianta annexation area; and WHEREAS, the La Pianta annexation area lies within the Tukwila South Potential Annexation Area identified by the Tukwila Comprehensive Land Use Plan; and WHEREAS, the La Pianta annexation will reduce but not eliminate King County's obligation to provide municipal services to an area that is difficult for the County to serve due to its size and isolation from other County service areas; and WHEREAS, the King County Countywide Planning Policies recognize cities as the appropriate provider of local urban services to urban areas; and WHEREAS, King County has indicated it will support the La Pianta annexation if the City commits to timely annex the remainder of its Tukwila South Potential Annexation Area, the boundaries of said remainder being described in Exhibit B, which is attached hereto and incorporated herein as if set forth in full; and WHEREAS, the City of Tukwila is willing to annex the area described in Exhibit B, but would like to delay action on this annexation until after a final resolution his been reached with respect to the La Pianta annexation area; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: Section 1. Within three weeks after the area described in Exhibit A becomes contiguous to the City of Tukwila, the City Council will adopt a resolution commencing negotiations pursuant to RCW 35A. 14.460 for an interlocal agreement between the City and King County to accomplish the annexation of the area described in Exhibit B to the City, and directing staff to complete said negotiations on an expedited basis. Within six weeks of approval of said negotiated interlocal agreement by the City and King County, the City will adopt an ordinance providing for the annexation of the area described in Exhibit B, which ordinance shall provide for an effective date of annexation not later than sixty (60) days after adoption of the ordinance. PASSED BY THE CITY COUIL OF THE/CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this IOT NC day of Al61VPJ71k)LA , 2004. ATTEST /AUTHENTICATED: Jan / . Cantu, CMC, City Clerk APPROVED AS TO FORM BY: Office of the City Attomey Annexation Commitment 10/28/04 ouncil President Filed with the City Clerk: b •2� Passed by the City Council: Resolution Number: "EXHIBIT A" (to resolution committing to initiate an annexation process...) THAT PORTION OF UNINCORPORATED KING COUNTY LYING SOUTH OF THE CITY OF TUKWILA DESCRIBED AS FOLLOWS: "THAT PORTION OF UNINCORPORATED KING COUNTY, WASHINGTON: • BOUNDED ON THE NORTH BY THE EXISTING SOUTHERLY. CITY LIMITS OF THE CITY OF TUKWILA, IN THE IMMEDIATE VICINITY OF THE SOUTH 188T" STREET INTER - CHANGE; BOUNDED ON THE EAST BY THE WEST MARGIN OF ORILLIA ROAD SOUTH; BOUNDED ON THE SOUTH BY THE CENTERLINE • OF SOUTH204T" STREET, EXTENDED WESTERLY ' TO ITS POINT OF: INTERSECTION WITH THE EXISTING • EASTERLY CITY LIMITS OF THE CITY OF SEATAC; AND • BOUNDED •ON THE WEST BY THE EXISTING EASTERLY 'CITY LIMITS OF THE CITY OF SEATAC".. : - "EXHIBIT B" (to resolution committing to initiate an annexation process...) THAT PORTION OF UNINCORPORATED KING COUNTY LYING SOUTH OF THE CITY OF TUKWILA DESCRIBED AS FOLLOWS: "THAT PORTION OF UNINCORPORATED KING COUNTY, WASHINGTON: BOUNDED. ON THE NORTH BY THE EXISTING SOUTHERLY CITY LIMITS . OF THE CITY OF TUKWILA RUNNING EASTERLY FROM THE VICINITY OF • THE SOUTH 188TH STREET INTERCHANGE TO THE INTERSECTION OF THE CITY LIMITS WITH THE GREEN RIVER; . BOUNDED ON THE EAST. BY THE GREEN RIVER; BOUNDED ON THE SOUTH: BY THE' NORTH MARGIN OF SOUTH 2047" STREET; AND BOUNDED ON THE WEST BY THE WEST MARGIN OF ORILLIA ROAD SOUTH RUNNING NORTH TO THE INTERSECTION OF ORILLIA ROAD SOUTH WITH THE ' CITY . LIMITS • OF THE CITY OF TUKWILA IN THE VICINITY OF THE SOUTH 188T" STREET INTERCHANGE." �5, .,. 1......r .l...n . F:Frh.. ..F rhn ..nrovn nF tho reran nt-nnnePil to be annexed voting on the proposition, and the number of pefsons 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 propo- sition. [1989 c 84 § 23.] 35A.14.090 Election method — Ordinance providing for annexation, assumption of indebtedness. Upon filing certified c the finding of tt... county legislative of ItIG CCrtiaaa copy .n uw uuuius u... . vi:. ... 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 IMegislative-body.Shall seta date; -_not_later.:than , sixty..daysi for the annexation and adoption of a proposed zoning 4.after-tlie fthng of the.request, for a_meeting with %,the initial .. regulation, as the case may be If a proposition for annex ; ing:parheg to determine "whether the code cityl will accept,) ation or for annexation and adoption of a proposed zoning reject, or, geographically modify • the proposed annexation, 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.] Severability -1979 ex.s. c 124: 35A.I4.015. mpthnr1 of ann■vatinn nrnvitdPd fir in RCW 15A.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 ether methode provided in this chapter. Prinr to the rirrilla- r - -- 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. Z.11%. See note following RCW 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.] Severability -1979 ex.s. c 124: See note following RCW 35A.I4.015. (2002 Ed.) whether -it shall require the simultaneous adoption of a ... .propQsed,.zoniiig..reg ;latioa; -if . >tic1' a- proposal has been a : preparedland filed -for the area:to be annexed as provided form'; in RCW 35A.14.330 and 35A.14.340, and. vhether,:itshah„ 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 -A shall be no'appeal.from the decision: of the legislative body: i A petition for annexation of an area contiguous to a code 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 adoption of a proposed zoning regulation, these facts, [Title 35A RCW —page 27] ,. • 35A.14.120 Title 35A RCW: Optional Municipal Code together with a quotation of the minute entry of such requirement, or requirements, shall also be set forth in the petition. [1989. c 351 § 6; 1979 ex.s. c 124 § 8; 1967 ex.s. c 119 § 35A.14.120.] Severability -1979 ex.s. c 124: See note following RCW 35A.14.015. Sufficiency of petition in code city: RCW 35A.01.040. 35A.14.130 Direct petition method — Notice of hearing. Whenever such a petition for annexation is filed with the legislative body of a code city, which petition meets the requirements herein specified and is sufficient according to the rules set forth in RCW 35A.01.040, the legislative body may entertain the same, fix a date for a public hearing thereon and cause notice of the hearing to be published in one or more issues of a newspaper of general circulation in the city. The notice shall also be posted in three public places within the territory proposed for annexation, and shall specify the time and place of hearing and invite interested persons to appear and voice approval or disapproval of the annexation. [1967 ex.s. c 119 § 35A.14.130.] 35A.14.140 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 of county commissioners of the county in which the annexed property is located. [1986 c 234 § 31; 1975 1st ex.s. c 220 § 16; 1967 ex.s. c 119 § 35A.14.140.] Legislative finding, intent - 1975 1st exs. c 220: See note following RCW 35.02.170. 35A.14.150 Direct petition method — Effective date of annexation. Upon the date fixed in the ordinance of annexation the area annexed shall become part of the city. All property within the territory hereafter annexed shall, if the annexation petition so provided, be assessed and taxed at the same rate and on the same basis as the property of such annexing code city is assessed and taxed to pay for the portion of any then- outstanding indebtedness of the city to which said area is annexed, which indebtedness has been ap- proved by the voters, contracted for, or incurred prior to, or existing at, the date of annexation and that the city has required to be assumed. If the annexation petition so provided, all property in the annexed area shall be subject to and a part of the proposed zoning regulation as prepared and filed as provided for in RCW 35A.14.330 and 35A.14.340. [1979 ex.s. c 124 § 9; 1967 ex.s. c 119 § 35A.14.150.] Severability -1979 ex.s. c 124: See note following RCW 35A.I4.015. 35A.14.160 Annexation review board — Composition. There is hereby established in each county of the state, other than counties having a boundary review board as provided for in chapter 189, Laws of 1967 [chapter 36.93 RCW], a board to be known as the "annexation review board for the county of (naming the county) ", which shall be [Title 35A RCW —page 28] - -- - - - - - - -- - -- charged with the duty of reviewing proposals for annexation of unincorporated territory to charter code cities and noncharter code cities within its respective county; except that proposals within the provisions of RCW 35A.14.220 shall not be subject to the jurisdiction of such board. In all counties in which a boundary review board is established pursuant to chapter 189, Laws of 1967 [chapter 36.93 RCW] review of proposals for annexation of unincor- porated territory to charter code cities and noncharter code cities within such counties shall be subject to chapter 189, Laws of 1967 [chapter 36.93 RCW]. Whenever any county establishes a boundary review board pursuant to chapter 189, Laws of 1967 [chapter 36.93 RCW] the provisions of this act relating to annexation review boards shall not be applica- ble. Except as provided above in this section, whenever one or more cities of a county shall have elected to be governed by this title by becoming a charter code city or noncharter code city, the governor shall, within forty-five days thereaf- ter, appoint an annexation review board for such county consisting of five members appointed in the following'_' manner: Two members shall be selected independently by the °. governor. Three members shall be selected by the governor from the following sources: (1) One member shall be appointed from nominees of the individual members of the board of county commissioners; (2) one member shall be . appointed from nominees of the individual mayors of charter code cities within such county; (3) one member shall be, appointed from nominees of the individual mayors of noncharter code cities within such county. Each source shall nominate at least two persons for any, available position. In the event there are less than two- nominees for any position, the governor may appoint the member for that position independently. If, at the time of appointment, there are within the county no cities of one of, , the classes named above as a nominating source, a Fosition which would otherwise have been filled by nominaticnfrom,, such source shall be filled by independent appointment of the governor. In making appointments independently and • ina�ng appointments from among nominees, the governor shall . strive to appoint persons familiar with municipal government and administration by experience and/or training. [1971 ex$ c 251 § 8; 1967 ex.s. c 119 § 35A.14.160.] Severability -1971 ex.s. c 251: See RCW 35A.90.050. 35A.14.170 Time for filing nominations— Vaclncies Upon the initial formation of a county annexation review: board the governor shall give written notice of such forma-: tion to all the nominating sources designated therein and,` nominations must be filed with the office of the governor; within fifteen days after receipt of such notice. Nomiintions, to fill vacancies caused by expiration of terms must bs filed at least thirty days preceding the expiration of the :erns. When vacancies occur in the membership of the bond, the governor shall solicit nominations from the appropriate: source and if none are filed within fifteen days ther:aftei, . the governor shall fill the vacancy by an independent ap- • pointment. [1967 ex.s. c 119 35A.14.170.] (2102 ).- RCW 43.21C.222: Annexation by city or town exempt from chapter. Page 1 of I RCW 43.21C.222 Annexation by city or town exempt from chapter. Annexation of territory by a city or town is exempted from compliance with this chapter. [1994 c 216 § 19.] Notes: Effective date - -1994 c 216: See note following RCW 35.02.015. http://apps.leg.wa.gov/RCW/defaultaspx?cite=43.21C.222 06/05/2009 Chapter 43.21C RCW: State environmental policy Page 1 of 2 Chapter 43.21C RCW State environmental policy RCW Sections 43.21C.010 Purposes. 43.21 C.020 Legislative recognitions -- Declaration -- Responsibility. 43.21C.030 Guidelines for state agencies, local governments -- Statements -- Reports — Advice -- Information. 43.21C.031 Significant impacts. 43.21 C.033 Threshold determination to be made within ninety days after application is complete. 43.21 C.034 Use of existing documents. 43.21C.035 Certain irrigation projects decisions exempt from RCW 43.21C.030(2)(c). 43.21C.036 Hazardous substance remedial actions -- Procedural requirements and documents to be integrated. 43.21C.037 Application of RCW 43.21C.030(2)(c) to forest practices. 43.21C.038 Application of RCW 43.21C.030(2)(c) to school closures. 43.21C.0381 Application of RCW 43.21C.030(2)(c) to decisions pertaining to air operating permits. 43.21C.0382 Application of RCW 43.21C.030(2)(c) to watershed restoration projects -- Fish habitat enhancement projects. 43.21C.0383 Application of RCW 43.21C.030(2)(c) to waste discharge permits. 43.21 C.0384 Application of RCW 43.21 C.030(2)(c) to personal wireless services facilities. 43.21C.039 Metals mining and milling operations -- Environmental impact statements required. 43.21 C.040 Examination of laws, regulations, policies by state agencies and local authorities — Report of deficiencies and corrective measures. 43.21C.050 Specific statutory obligations not affected. 43.21 C.060 Chapter supplementary -- Conditioning or denial of governmental action. 43.21C.065 Impact fees and fees for system improvements. 43.21C.075 Appeals. 43.21C.080 Notice of action by governmental agency -- How publicized -- Time limitation for commencing challenge to action. 43.21 C.087 List of filings required by RCW 43.21 C.080. 43.21 C.090 Decision of governmental agency to be accorded substantial weight. 43.21C.095 State environmental policy act rules to be accorded substantial deference. 43.21C.110 Content of state environmental policy act rules. 43.21C.120 Rules, ordinances, resolutions and regulations — Adoption -- Effective dates. 43.21C.130 Model ordinances. 43.21C.135 Authority of local governmental units to adopt rules, guidelines and model ordinances by reference. 43.21C.150 RCW 43.21C.030(2)(c) inapplicable when statement previously prepared pursuant to national environmental policy act. 43.21C.160 Utilization of statement prepared under RCW 43.21C.030 to implement chapter 90.62 RCW -- Utilization of chapter 90.62 RCW procedures to satisfy RCW 43.21C.030(2)(c). 43.21C.165 Challenges to consistency of rules adopted pursuant to RCW 43.21C.110 and 43.21C.160 -- Procedure -- Finality. 43.21C.170 Council on environmental policy. 43.21C.175 Council on environmental policy -- Personnel. 43.21C.210 Certain actions during state of emergency exempt from chapter. http://apps.leg.wa.gov/RCW/default.aspx?cite=43.21C 06/05/2009 , Chapter 43.21C RCW: State environmental policy Page 2 of 2 43.21 C.220 Incorporation of city or town exempt from chapter. 43.21C.222 Annexation by city or town exempt from chapter. 43.21C.225 Consolidation and annexation of cities and towns exempt from chapter. 43.21C.227 Disincorporation of a city or town or reduction of city or town limits exempt from chapter. 43.21C.229 Infill development -- Categorical exemptions from chapter. 43.21 C.230 Development and adoption of plan under chapter 43.180 RCW exempt from chapter. 43.21C.232 Infrastructure improvements necessary to implement renewable fuel standards -- Application and decision processing. 43.21 C.240 Project review under the growth management act. 43.21 C.250 Forest practices board -- Emergency rules — Exempt from chapter. 43.21C.260 Certain actions not subject to RCW 43.21C.030(2)(c) -- Threshold determination on a watershed analysis. 43.21C.270 Certain secure community transition facilities not subject to this chapter. 43.21C.300 Workshops -- Handbook. 43.21 C.400 Unfinished nuclear power projects — Council action exempt from this chapter. 43.21C.900 Short title. 43.21C.910 Severability -- 1974 ex.s. c 179. 43.21 C.911 Section headings not part of law -- 1983 c 117. 43.21C.912 Applicability -- 1983 c 117. 43.21C.913 Severability — 1983 c 117. 43.21C.914 Effective dates -- 1983 c 117. Notes: Economic policy: Chapter 43.21 H RCW. http://apps.leg.wa.gov/RCW/default.aspx?cite=43.21C 06/05/2009 RCW 35A.14.120: Direct petition method — Notice to legislative body — Meeting — As... Page 1 of 1 RCW 35A.14.120 Direct petition method — Notice to legislative body — Meeting — Assumption of indebtedness — Proposed zoning regulation — Contents of petition. Proceedings for initiating annexation of unincorporated territory to a charter code city or noncharter code city may be commenced by the filing of a petition of property owners of the territory proposed to be annexed, in the following manner. This method of annexation shall be alternative to other methods provided in this chapter. Prior to the circulation of a petition for annexation, the initiating party or parties, who shall be the owners of not less than ten percent in value, according to the assessed valuation for general taxation of the property for which annexation is sought, shall notify the legislative body of the code city in writing of their intention to commence annexation proceedings. The legislative body shall set a date, not later than sixty days after the filing of the request, for a meeting with the initiating parties to determine whether the code city will accept, reject, or geographically modify the proposed annexation, whether it shall require the simultaneous adoption of a proposed zoning regulation, if such a proposal has been prepared and filed for the area to be annexed as provided for in RCW 35A.14.330 and 35A.14.340, and whether it shall require the assumption of all or of any portion of existing city indebtedness by the area to be annexed. If the legislative body requires the assumption of all or of any portion of indebtedness and /or the adoption of a proposed zoning regulation, it shall record this action in its minutes and the petition for annexation shall be so drawn as to clearly indicate these facts. Approval by the legislative body shall be a condition precedent to circulation of the petition. There shall be no appeal from the decision of the legislative body. A petition for annexation of an area contiguous to a code city may be filed with the legislative body of the municipality to which annexation is desired. It must be signed by the owners, as defined by RCW 35A.01.040(9) (a) through (d), of not less than sixty percent in value, according to the assessed valuation for general taxation of the property for which annexation is petitioned: PROVIDED, That a petition for annexation of an area having at least eighty percent of the boundaries of such area contiguous with a portion of the boundaries of the code city, not including that portion of the boundary of the area proposed to be annexed that is coterminous with a portion of the boundary between two counties in this state, need be signed by only the owners of not Tess than fifty percent in value according to the assessed valuation for general taxation of the property for which the annexation is petitioned. Such petition shall set forth a description of the property according to government legal subdivisions or legal plats and shall be accompanied by a map which outlines the boundaries of the property sought to be annexed. If the legislative body has required the assumption of all or any portion of city indebtedness by the area annexed or the adoption of a proposed zoning regulation, these facts, together with a quotation of the minute entry of such requirement, or requirements, shall also be set forth in the petition. [1989 c 351 § 6; 1979 ex.s. c 124 § 8; 1967 ex.s. c 119 § 35A.14.120.] Notes: Severability -- 1979 ex.s. c 124: See note following RCW 35A.14.015. Sufficiency of petition in code city: RCW 35A.01.040. http: // apps. leg. wa. gov /RCW /default.aspx ?cite= 35A.14.120 05/18/2009 RCW 35A.14.330: Proposed zoning regulation — Purposes of regulations and restrictions. Page 1 of 1 RCW 35A.14.330 Proposed zoning regulation — Purposes of regulations and restrictions. The legislative body of any code city acting through a planning agency created pursuant to chapter 35A.63 RCW, or pursuant to its granted powers, may prepare a proposed zoning regulation to become effective upon the annexation of any area which might reasonably be expected to be annexed by the code city at any future time. Such proposed zoning regulation, to the extent deemed reasonably necessary by the legislative body to be in the interest of health, safety, morals and the general welfare may provide, among other things, for: (1) The regulation and restriction within the area to be annexed of the location and the use of buildings, structures and land for residence, trade, industrial and other purposes; the height, number of stories, size, construction and design of buildings and other structures; the size of yards, courts and other open spaces on the lot or tract; the density of population; the set -back of buildings and structures along highways, parks or public water frontages; and the subdivision and development of land; (2) The division of the area to be annexed into districts or zones of any size or shape, and within such districts or zones regulate and restrict the erection, construction, reconstruction, alteration, repair or use of buildings, structures or land; (3) The appointment of a board of adjustment, to make, in appropriate cases and subject to appropriate conditions and safeguards established by ordinance, special exceptions in harmony with the general purposes and intent of the proposed zoning regulation; and (4) The time interval following an annexation during which the ordinance or resolution adopting any such proposed regulation, or any part thereof, must remain in effect before it may be amended, supplemented or modified by subsequent ordinance or resolution adopted by the annexing city or town. All such regulations and restrictions shall be designed, among other things, to encourage the most appropriate use of land throughout the area to be annexed; to lessen traffic congestion and accidents; to secure safety from fire; to provide adequate light and air; to prevent overcrowding of land; to avoid undue concentration of population; to promote a coordinated development of the unbuilt areas; to encourage the formation of neighborhood or community units; to secure an appropriate allotment of land area in new developments for all the requirements of community life; to conserve and restore natural beauty and other natural resources; to facilitate the adequate provision of transportation, water, sewerage and other public uses and requirements. [1967 ex.s. c 119 § 35A.14.330.] http://apps.leg.wa.gov/RCW/default.aspx?cite=35A.14.330 05/18/2009 RCW 35A.14.340: Notice and hearing — Filings and recordings. Page 1 of 1 RCW 35A.14.340 Notice and hearing — Filings and recordings. The legislative body of the code city shall hold two or more public hearings, to be held at least thirty days apart, upon the proposed zoning regulation, giving notice of the time and place thereof by publication in a newspaper of general circulation in the annexing city and the area to be annexed. A copy of the ordinance or resolution adopting or embodying such proposed zoning regulation or any part thereof or any amendment thereto, duly certified as a true copy by the clerk of the annexing city, shall be filed with the county auditor. A like certified copy of any map or plat referred to or adopted by the ordinance or resolution shall likewise be filed with the county auditor. The auditor shall record the ordinance or resolution and keep on file the map or plat. [1967 ex.s. c 119 § 35A.14.340.] Notes: Annexation of water, sewer, and fire districts: Chapter 35.13A RCW. http: / /apps.leg.wa.gov /RCW /default.aspx ?cite= 35A.14.340 05/18/2009 TO: City of Tukwila Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM Mayor Haggerton City Council FROM: Lisa Verner, Project Manager DATE: June 8, 2009 SUBJECT: Tukwila South Project Annexation ISSUE Annex the portion of the Tukwila South Project property (259 acres) in King. County into the City of Tukwila as part of the overall Tukwila South Project approvals. The first part of the annexation process was completed in 2005; the second half will be completed in June, 2009. BACKGROUND On November 12, 2004, a Request for Annexation was received from La Pianta LLC. The Request was signed by owners of 10% of the value of the property included in the request. Pursuant to RCW 35A.14.120, the City Council set a date, no more than sixty (60) days after the filing of this request, for a meeting with the signers to determine whether the Council would accept, reject or modify the proposed annexation and resolve other issues as required by state law. This Regular Meeting was held on January 18, 2005. The Council unanimously voted to accept the 10% Request as submitted, to authorize the circulation of the Petition for Annexation (60% Petition), and to require the following: 1. the simultaneous adoption of zoning regulations; and 2. the assumption of a proportionate share of existing city indebtedness by the area to be annexed. The Petition has been "circulating" and will be signed and submitted by La Pianta representatives upon Council approval of the Tukwila South Development Agreement and related land use issues. DISCUSSION La Pianta representatives have indicated they will sign the 60% Petition after the Council has approved the Tukwila South Development Agreement and related land use items. The 60% Petition is the binding document and commits the signer to annexation. Submission of the signed Petition is slated to occur immediately after Development Agreement approval as a term of the Agreement. The schedule of meetings is listed below: 19 INFORMATIONAL MEMO • Page 2 June 8 Special Meeting Council approval of Development Agreement and related land use issues June 8 Committee of the Public hearing on annexation; take any testimony Whole (Continue public hearing to June 15) June 9 La Pianta submits signed 60% Petition to Annex June 15 Regular Meeting Take any public hearing testimony and close the public hearing; Council deliberations; Council adoption of annexation ordinance The "60% Petition" refers to a Petition to Annex signed by the owners of property valued at 60% or more of the total assessed valuation of the annexation area. La Pianta owns property valued at more than 90% of the total assessed valuation of the area proposed for annexation. After Council accepts the 60% Petition and approves the annexation, staff will prepare an annexation packet for submission to the King County Boundary Review Board (BRB). The BRB has 45 days to review the packet. If the BRB has no objections to the annexation within the 45 -day period, the City may then finalize the annexation. If the BRB "takes jurisdiction" and identifies an issue with the annexation, it will schedule a public hearing, receive public input, and make a decision to approve, modify or deny the annexation. RECOMMENDATION The Council is being asked to open the public hearing at the June 8 meeting as it has been published and noticed. After opening the hearing and accepting any public comments, the hearing should then be continued to the June 15, 2009 Regular Meeting for further public comments. If the Development Agreement has been approved and signed by the June 15 meeting, La Pianta, LLC will be providing the 60% petition, and the annexation ordinance can also be deliberated and adopted at the June 15, 2009 Regular Meeting. ATTACHMENTS 1. Signed 60% Petition will be forwarded to Council members when it is received. 2. Ordinance annexing the Tukwila South Project property. 20 W:\2009 InfoMemos\TSAnnexation.doc Lisa Verner - RE: Tukwila South Annexation From: "Kathy Bates" To: "Lisa Verner" Date: 06/04/2009 11:47 AM Subject: RE: Tukwila South Annexation CC: "Gregory Curwen" , "Kathy Bates" Gierke, Curwen, Dynan & Jones, Thank you for all of your assistance. Kathy Bates, Legal Assistant Page 1 of 2 From: Lisa Verner [mailto:Iverner @ci.tukwila.wa.us] Sent: Thursday, June 04, 2009 11:40 AM To: Kathy Bates Cc: Gregory Curwen; Kathy Bates Subject: RE: Tukwila South Annexation Hi Kathy, The copying is ready, the cost is $9.00 and the payee is City of Tukwila. When you or the courier come to the City's Department of Community Development counter, the documents will be in "Will CaII." What is the name of your law firm, which I will put on the documents? Lisa »> On 06/04/2009 at 9:15 AM, in message < 22C100CCAF3C8243AD05A5E70012AB95845CC7 @server.gcmelaw.local >, "Kathy Bates" <kbates @gcmelaw.com> wrote: I need to speak with you to clarify what documents you have. After we spoke, it came to mind that if this matter has been ongoing since late 2004, having only a small amount of documents may not have included everything. Does it include everything from the inception of this matter? Please confirm that this matter has not been before the Boundary Review Board and no election has occurred. Also has the environmental impact statement been finalized relative to the mitigating service reduction? Also what consideration have been taken relative to the district's reserve funds to benefit the area as well as the need to fund further fire hydrants on Orilla Road? file: / /C: \temp\XPGrpW ise \4A27B45Dtuk- mail6300 -po 1001776B79188031 \G W } 00001.... 06/04/2009 Page 2 of 2 If you could address these issues, I would greatly appreciate it. One final thing — what is the cost for the copies and to whom should the check be payable to? Again, thank you for your prompt attention to these very timely requests. Kathy Bates, Legal Assistant From: Lisa Verner [mailto:Iverner @ci.tukwila.wa.us] Sent: Wednesday, June 03, 2009 5:12 PM To: Kathy Bates Subject: Tukwila South Annexation Hi Kathy, Received your voice message. I've put my small annexation file in the queue for copying tomorrow morning. I should know by noon what the cost is and will email you. The copying should be available tomorrow afternoon for pick up. The most current info will be in the Council agenda packet, several copies of which will be available in the Council chambers before the 7:00 PM meeting /hearing. If the attorney who attends isn't able to get one, let me know. Lisa Lisa Verner Tukwila South Project Manager City of Tukwila 206 - 431 -3662 Iverner@ci.tukwila.wa.us file: / /C:\temp\XPGrpWise\4A27B45Dtuk-mail6300-po 1001776B79188031 \GW } 00001.... 06/04/2009 Date of Meeting: LiV This packet to be returned to staff on/ about. .1//i/o§- The attached items were presented to the City Clerk's Office for inclusion into a Com- mittee of Whol: Re • r Special meeting agenda packet. Having met their retention within our office, (no less than 30 days), the originals are being returned to you for disposition. For ease of retrieval and convenience, the City Clerk's Office also maintains a copy of each agenda packet for a period of three years. They may also be viewed online, at TUKNET, for the same period of time. If you have questions or need assistance, please contact Jane Cantu or Bob Baker. Office of the City Clerk 6200 Southcenter Boulevard Phone: 206 -433 -1800 Tukwila, WA 98188 Fax: 206 -433 -1833 Email: jcantu @ci.tukwila.wa.us City of Tukwila MEMORANDUM TO: Mayor Mullet and City Councilmember FROM: Lisa Verner, Segale Project Coordinat DATE: January 11, 2005 RE: 10% Request for Annexation for Segale Property Background On November 12, 2004, a Request for Annexation was received from La Pianta LLC. The Request was signed by owners of 10% of the value of the property included in the Request. Pursuant to RCW 35A.14.120, the City Council shall set a date, no more than sixty (60) days after the filing of this request, for a meeting with the signers to determine whether the Council will accept, reject or modify the proposed annexation and resolve other issues as required by state law. This meeting is scheduled for January 18, 2005. By accepting the proposed annexation as presented or with modifications, the Council authorizes the circulation of the Petition for Annexation, which must be signed by owners of 60% of the value of the property included in the annexation boundaries. Additionally, if the Council accepts or accepts with modifications the Request, it must also determine whether: 1. the simultaneous adoption of proposed zoning regulations (if such a proposal has been prepared and filed for the area to be annexed as provided for in RCW 35A.14.330 and .340) shall be required; and 2. the assumption of all or any portion of existing city indebtedness by the area to be annexed shall be required. Approval by the legislative body is a condition precedent to the circulation of the Petition. Proposal La Pianta LLC and the Segale Family propose to annex approximately 250 acres into the City of Tukwila. A copy of the Request for Annexation (labeled Annexation Petition), a list of tax lots included, and a map are attached. The City's newly adopted Comprehensive Plan for this property calls for a Master Plan and identifies a zoning designation of TVS (Tukwila Valley South). A draft "Tukwila South Master Plan" has been submitted for staff review and will be brought to Council later this year. A Draft EIS is under review by staff now. The property will be subject to a city- approved Development Agreement. Alternatives 1. Reject the 10% Request for Annexation. 2. Modify the boundaries of the 10% Request for Annexation. 3. Accept the 10% Request for Annexation as submitted. Recommendation: Accept the 10% Request as submitted, authorize the circulation of the Petition for Annexation (60% Petition), and require both the simultaneous adoption of zoning and the assumption of all existing city indebtedness. LA PIANTA LLC RECEIVED 1\} NO'J 1 2 2004 , Al ITY OF TUKWILA !l) CITY CLERK ANNEXATION PETITION 5811 Segale Park Drive C Tukwila, Washington 98188 P.O. Box 88028 Tukwila, Washington 98138 -2028 Telephone: (206) 575 -2000 Facsimile: (206) 575 -1837 The undersigned property owner hereby notifies the City of Tukwila of the property owner's intent to commence annexation proceedings pursuant to RCW 35A.14.120. The proposed annexation territory is primarily owned by the undersigned and a map and legal description is attached to this petition. As the undersigned is the property owner of the majority of the proposed annexation area, the 10% requirement of RCW 35A.14.120 is hereby met. The undersigned requests that the City Council set a date, no more than sixty (60) days after the filing of this request, for a meeting with the undersigned to determine whether the City Council will accept, reject or modify the proposed annexation and resolve other issues as required by state law. 11/12/04 Date PROPERTY OWNER: LA PIANTA LLC, a Washington limited liability company By Metro Land Development, Inc., a Washington corporati e , its Manager By: _ ) Mar A. Sega e, •e President SEGALE ANNEXATION AREA 11 NOV 2004 MAP ASSESSED PROPERTY OWNER TAX PARCEL PARCEL NO. JURISDICTION S -T -R VALUE LA PIANTA LLC 352304 -9050 124 TUK. & KING CO. 35 -23-4 EWM $11,640 LA PIANTA LLC 352304 -9078 128 KING COUNTY 35 -23-4 EWM $700 LA PIANTA LLC 352304 -9041 129 KING COUNTY 35 -23-4 EWM $619,700 LA PIANTA LLC 352304 -9117 130 KING COUNTY 35 -23-4 EWM $5,500 LA PIANTA LLC 022204 -9037 131 KING COUNTY 2 -22-4 EWM $198,000 LA PIANTA LLC 022204 -9040 132 KING COUNTY 2 -22-4 EWM $20,500 LA PIANTA LLC 022204 -9033 133 KING COUNTY 2 -22-4 EWM $357,400 LA PIANTA LLC 352304 -9016 135 KING COUNTY 35 -23-4 EWM $4,000 LA PIANTA LLC 022204 -9008 136 KING COUNTY 2 -22-4 EWM $120,800 LA PIANTA LLC 3523049066 137 KING COUNTY 35 -23-4 EWM $700 LA PIANTA LLC 352304 -9065 138 KING COUNTY 35 -23-4 EWM $100 LA PIANTA LLC 022204 -9043 139 KING COUNTY 2 -22-4 EWM $1,377,500 LA PIANTA LLC 022204 -9057 140 KING COUNTY 2 -22-4 EWM $15,400 LA PIANTA LLC 032204 -9047 141 KING COUNTY 3 -22-4 EWM $161,000 LA PIANTA LLC 032204 -9106 142 KING COUNTY 2 & 3 -22-4 EWM $173,600 LA PIANTA LLC 023900 -0352 143 KING COUNTY 3 -22-4 EWM $53,000 LA PIANTA LLC 032204 -9100 144 KING COUNTY 3 -22-4 EWM $210,000 LA PIANTA LLC 032204 -9006 145 KING COUNTY 3 -22-4 EWM $260,700 LA PIANTA LLC 032204 -9090 146 KING COUNTY 3 -22-4 EWM $17,000 LA PIANTA LLC 022204-9011 147 KING COUNTY 2 -22-4 EWM $363,100 LA PIANTA LLC 022204 -9015 148 KING COUNTY 2 & 3 -22-4 EWM $1,582,400 LA PIANTA LLC 032204 -9092 149 KING COUNTY 3 -22-4 EWM $216,000 LA PIANTA LLC 032204 -9093 150 KING COUNTY 3 -22-4 EWM $214,000 LA PIANTA LLC 032204 -9056 151 KING COUNTY 3 -22-4 EWM $32,000 ARNOLD 032204 -9052 234 KING COUNTY 3 -22-4 EWM $59,000 TUKWILA HISTORICAL SOC. 022204 -9036 309 KING COUNTY 2 -22-4 EWM $2,000 KING COUNTY 022204 -9061 310 KING COUNTY 2 -22-4 EWM $31,400 KING CO. DRAINAGE DIST. 2 032204 -9049 311 KENT & KING CO. 2 & 3 -22-4 EWM $200 ANDERSON 032204 -9062 312 KING COUNTY 3 -22-4 EWM $313,000 TOTAL VALUE OF ALL PARCELS: $6,420,340 * TOTAL ASSESSED VALUE OF TAX LOT: $58200 EST. 4/5 OF TAX LOT IN TUKWILA - 1/5 IN KING CO. TOTAL VALUE OF LA PIANTA PARCELS: $6,014,740 ** TOTAL ASSESSED VALUE OF TAX LOT: $300 LA PIANTA PERCENTAGE OF TOTAL VALUE: 93.68% EST. 1/3 OF TAX LOT IN KENT - 2/3 IN KING CO. ** PARCELS WITHIN THE {SITE PERIMETER SEGALE ANNEXATION AREA COUNCIL AGENDA SYNOPSIS Initials Meeting Date Prepared 19.--\.. Mao Cos ci review 1/18/05 LV yreview ❑ Bid Award Mtg Date ❑ Public Mtg Date ❑ Other Mtg Date SPONSOR ❑ Council ❑ Mayor ❑ Adm ;l DCD ❑ Finance ❑ Fire ❑ Legal ❑ PAR ❑ Police ❑ PW SPONSOR'S Council is being asked to accept the 10% Request for Annexation in order to start the SUMMARY process for annexing the approximately 250 acres of Segale property in King County into the City. REVIEWED BY ❑ COW Mtg. ❑ CA &P Cmte ❑ F&S Cmte ❑ Transportation Cmte ❑ Utilities Cmte ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. DATE: RECOMMENDATIONS: SPONSOR/ADMIN. COMMITTEE Accept the 10% Request with conditions Memo from Lisa Verner dtd 1/11/05 COPY OF ANNEXATION PETITION DATED 11/12/04 ANNEXATION AREA PROPERTY OWNER, TAX PARCEL AND ASSESSED VALUATION LISTING ITEM INFORMATION ITEM No. CAS NUMBER: 0 S- O O 8 (Ref . 04 -1461 ORIGINAL AGENDA DATE: 1/18/05 AGENDA ITEM TITLE Request for Annexation by La Pianta LLC, Mark Segale petitioner CATEGOR ❑ Discussion Mtg Date ;.Motion Mtg Date 1/18/05 ❑ Resolution Mtg Date ❑ Ordinance Mtg Date ❑ Bid Award Mtg Date ❑ Public Mtg Date ❑ Other Mtg Date SPONSOR ❑ Council ❑ Mayor ❑ Adm ;l DCD ❑ Finance ❑ Fire ❑ Legal ❑ PAR ❑ Police ❑ PW SPONSOR'S Council is being asked to accept the 10% Request for Annexation in order to start the SUMMARY process for annexing the approximately 250 acres of Segale property in King County into the City. REVIEWED BY ❑ COW Mtg. ❑ CA &P Cmte ❑ F&S Cmte ❑ Transportation Cmte ❑ Utilities Cmte ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. DATE: RECOMMENDATIONS: SPONSOR/ADMIN. COMMITTEE Accept the 10% Request with conditions Memo from Lisa Verner dtd 1/11/05 D SOUR EXPENDITURE REWIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $ N/A $ $ Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 1/18/05 MTG. DATE ATTACHMENTS 1/18/05 Memo from Lisa Verner dtd 1/11/05 COPY OF ANNEXATION PETITION DATED 11/12/04 ANNEXATION AREA PROPERTY OWNER, TAX PARCEL AND ASSESSED VALUATION LISTING MAP — PARCELS WITHIN THE SITE PERIMETER OF ANNEXATION AREA 25, MEMORANDUM TO: Mayor Mullet and City Councilmembers FROM: Lisa Verner, Segale Project Coordinate DATE: January 11, 2005 RE: 10% Request for Annexation for Segale Property Background c On November 12, 2004, a Request for Annexation was received from La Pianta LLC. The Request was signed by owners of 10% of the value of the property included in the Request. Pursuant to RCW 35A.14.120, the City Council shall set a date, no more than sixty (60) days after the filing of this request, for a meeting with the signers to determine whether the Council will accept, reject or modify the proposed annexation and resolve other issues as required by state law. This meeting is scheduled for January 18, 2005. By accepting the proposed annexation as presented or with modifications, the Council authorizes the circulation of the Petition for Annexation, which must be signed by owners of 60% of the value of the property included in the annexation boundaries. Additionally, if the Council accepts or accepts with modifications the Request, it must also determine whether: 1. the simultaneous adoption of proposed zoning regulations (if such a proposal has been prepared and filed for the area to be annexed as provided for in RCW 35A.14.330 and .340) shall be required; and 2. the assumption of all or any portion of existing city indebtedness by the area to be annexed shall be required. Approval by the legislative body is a condition precedent to the circulation of the Petition. Proposal La Pianta LLC and the Segale Family propose to annex approximately 250 acres into the City of Tukwila. A copy of the Request for Annexation (labeled Annexation Petition), a list of tax lots included, and a map are attached. The City's newly adopted Comprehensive Plan for this property calls for a Master Plan and identifies a zoning designation of TVS (Tukwila Valley South). A draft "Tukwila South Master Plan" has been submitted for staff review and will be brought to Council later this year. A Draft EIS is under review by staff now. The property will be subject to a city- approved Development Agreement. a 5, Alternatives 1. Reject the 10% Request for Annexation. 2. Modify the boundaries of the 10% Request for Annexation. 3. Accept the 10% Request for Annexation as submitted. Recommendation: Accept the 10% Request as submitted, authorize the circulation of the Petition for Annexation (60% Petition), and require both the simultaneous adoption of zoning and the assumption of.a1.Y existing city indebtedness. r� ,i; rz C. • (•Steve Lancaster - L Tukwila city attorney re countycity agreement on annexation.DOC Page 1 Ms. Shelley M. Kerslake February 17, 2004 Page 1 50420154.01 Direct Phone FOSTER PEPPER 6? SHEFELMAN PLLC (206) 447-7292 Direct Facsimile (206) 749-2027 E -Mail WalsT @foster.com WI Third Avenue Suite 3400 Seattle Washington 98101-3299 Telephone (206) 447-4400 Facsimile (206) 447-9700 Website www.foster.com Anchorage Alaska Portland Oregon Seattle Washington A T T O R N E Y S A T L A W :Steve Lancaster - L Tukwila city attorney re countycity agreement on annexation.DOC Page 2! Ms. Shelley M. Kerslake February 17, 2004 Page 2 February 17, 2004 Ms. Shelley M. Kerslake Kenyon Disend PLLC 11 Front St. S. Issaquah, WA 98027 -3820 Re: Tukwila Annexation Dear Ms. Kerslake: As you know, the City of Tukwila, King County, and our client, La Pianta LLC, are discussing the possible annexation to Tukwila of La Pianta's property in the Tukwila Valley South area. A meeting between the parties is scheduled for Thursday, February 19, 2004 to continue these discussions. Some County officials have expressed concern that this annexation would continue an "island" of unincorporated property located southwest of the La Pianta property. To address this concern, we have suggested that the City and County enter into an agreement regarding municipal services and future annexation of the "island" property. We envision an agreement with the following key terms: • Describe the two areas for future annexation to the City: the La Pianta Annexation Area; and the "island" area which could be termed the "Future Annexation Area ". • The County and City agree that both the La Pianta Annexation Area and the Future Annexation Area should be considered for annexation to the City of Tukwila. The La Pianta Annexation Area would be considered first, as a phase 1 annexation, to be followed by annexation of the Future Annexation Area. The City would agree to initiate annexation proceedings on the Future Annexation by a certain agreed date. • We are aware of only one only municipal service that is provided by King County to the Future Annexation Area -- police services. Fire services are provided by a fire district, and water service is provided by a water district. The area is on septic systems. In the agreement, the County would confer upon the City and its police officers the County's law enforcement authority within the Future Annexation Area. The City would agree to provide police services within the Future Annexation Area. • The County would agree that the annexation of the La Pianta Annexation Area is in the County's best interest and it would agree not to invoke the jurisdiction of the Boundary Review Board with regard to the annexation. • The agreement could also include other standard terms such as notice and mutual 50420154.01 I Steve Lancaster - L Tukwila city attorney re countycity agreement on annexation.DOC Page 3' Ms. Shelley M. Kerslake February 17, 2004 Page 3 indemnification. Please let us know your thoughts on this matter. If this approach makes sense to the City, it may be appropriate for the City to send a letter to the County proposing an agreement as described above. Enclosed is a draft of such a letter for your consideration. Very truly yours, Thomas M. Walsh cc: Sue Carlson, Segale Business Park 50420154.01 Steve Lancaster - L from Tukwila to King County re annexation agreement.DOC Page 1j February 2004 Hon. Ron Sims King County Executive King County Courthouse 516 Third Avenue Seattle, Wa 98104 Re: Tukwila Annexation Dear Mr. Sims: As you know, the City of Tukwila, King County, and La Pianta LLC are discussing the possible annexation to Tukwila of La Pianta's property in the Tukwila Valley South area. A meeting between the parties is scheduled for Thursday, February 19, 2004 to continue these discussions. Some County officials have expressed concern that this annexation would continue an "island" of unincorporated property located southwest of the La Pianta property. To address this concern, we suggest that the City and County enter into an agreement regarding municipal services and future annexation of the "island" property. We envision an agreement with the following key terms: • Describe the two areas for future annexation to the City: the La Pianta Annexation Area; and the "island" area which could be termed the "Future Annexation Area ". • The County and City agree that both the La Pianta Annexation Area and the Future Annexation Area should be considered for annexation to the City of Tukwila. The La Pianta Annexation Area would be considered first, as a phase 1 annexation, to be followed by annexation of the Future Annexation Area. The City would agree to initiate annexation proceedings on the Future Annexation by a certain agreed date. • We are aware of only one only municipal service that is provided by King County to the Future Annexation Area -- police services. Fire services are provided by a fire district, and water service is provided by a water district. The area is on septic systems. In the agreement, the County would confer upon the City and its police officers the County's law enforcement authority within the Future Annexation Area. The City would agree to provide police services within the Future Annexation Area. • The County would agree that the annexation of the La Pianta Annexation Area is in the County's best interest and it would agree not to invoke the jurisdiction of the Boundary Review Board with regard to the annexation. • The agreement could also include other standard terms such as notice and mutual indemnification. Thank you for your consideration. -1- Steve Lancaster - L from Tukwila to King County re annexation agreement.DOC Page 21 Sincerely, Steve Mullett Mayor LA PIANTA LLC RECEIVED Nov 1 2 2004 ITV OFTUKWILA CITY CLERK 5811 Segale Park Drive C Tukwila, Washington 98188 P.O. Box 88028 Tukwila, Washington 98138 -2028 Telephone: (206) 575 -2000 Facsimile: (206) 575 -1837 ANNEXATION PETITION The undersigned property owner hereby notifies the City of Tukwila of the property owner's intent to commence annexation proceedings pursuant to RCW 35A.14.120. The proposed annexation territory is primarily owned by the undersigned and a map and legal description is attached to this petition. As the undersigned is the property owner of the majority of the proposed annexation area, the 10% requirement of RCW 35A.14.120 is hereby met. The undersigned requests that the City Council set a date, no more than sixty (60) days after the filing of this request, for a meeting with the undersigned to determine whether the City Council will accept, reject or modify the proposed annexation and resolve other issues as required by state law. 11/12/04 Date PROPERTY OWNER: LA PIANTA LLC, a Washington limited liability company By Metro Land Development, Inc., a Washington corporate. , its Manager By: ., ►, i l• Ma A. Sega e, .e President SEGALE ANNEXATION AREA PROPERTY OWNER LA PIANTA LLC LA PIANTA LLC LA PIANTA LLC LA PIANTA LLC LA PIANTA LLC LA PIANTA LLC LA PIANTA LLC LA PIANTA LLC LA PIANTA LLC LA PIANTA LLC LA PIANTA LLC LA PIANTA LLC LA PIANTA LLC LA PIANTA LLC LA PIANTA LLC LA PIANTA LLC LA PIANTA LLC LA PIANTA LLC LA PIANTA LLC LA PIANTA LLC LA PIANTA LLC LA PIANTA LLC LA PIANTA LLC LA PIANTA LLC ARNOLD TUKWILA HISTORICAL SOC. KING COUNTY KING CO. DRAINAGE DIST. 2 ANDERSON 11 NOV 2004 MAP TAX PARCEL PARCEL NO. 352304-9050 124 352304-9078 128 352304-9041 352304-9117 022204 -9037 0222049040 0222049033 3523049016 022204.9008 3523049066 3523049065 0222049043 0222049057 032204-9047 032204-9106 023900 -0352 0322049100 0322049006 032204-9090 022204-9011 0222049015 0322049092 032204.9093 0322049056 032204.9052 0222049036 022204-9061 0322049049 0322049062 TOTAL VALUE OF ALL PARCELS: TOTAL VALUE OF LA PIANTA PARCELS: LA PIANTA PERCENTAGE OF TOTAL VALUE: 129 130 131 132 133 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 234 309 310 311 312 ASSESSED JURISDICTION S -T -R VALUE TUK. &KING CO. 35 -23-4 EWM $11,640 KING COUNTY 35 -23-4 EWM $700 KING COUNTY 35 -23-4 EWM $619,700 KING COUNTY 35 -23-4 EWM $5,500 KING COUNTY 2 -22-4 EWM $198,000 KING COUNTY 2 -22-4 EWM $20,500 KING COUNTY 2 -22-4 EWM $357,400 KING COUNTY 35 -23-4 EWM $4,000 KING COUNTY 2 -22-4 EWM $120,800 KING COUNTY 35 -23-4 EWM $700 KING COUNTY 35 -23-4 EWM $100 KING COUNTY 2 -22=4 EWM $1,377,500 KING COUNTY 2 -22-4. EWM $15,400 KING COUNTY 3 -22-4 EWM $161,000 KING COUNTY 2 & 3 -22-4 EWM $173,600 KING COUNTY 3 -22-4 EWM $53,000 KING COUNTY 3 -22-4 EWM $210,000 KING COUNTY 3 -22-4 EWM $260,700 KING COUNTY 3 -22-4 EWM $17,000 KING COUNTY 2 -22-4 EWM $363,100 KING COUNTY 2 & 3 -22-4 EWM $1,582,400 KING COUNTY 3 -22-4 EWM $216,000 KING COUNTY 3 -22-4 EWM $214,000 KING COUNTY 3 -22-4 EWM $32,000 KING COUNTY 3 -22-4 EWM $59,000 KING COUNTY 2 -22-4 EWM $2,000 KING COUNTY 2 -22-4 EWM $31,400 KENT & KING CO. 2 & 3 -22-4 EWM $200 ** KING COUNTY 3 -22-4 EWM $313,000 $6,420,340 * TOTAL ASSESSED VALUE OF TAX LOT: $58200 EST. 4/5 OF TAX LOT IN TUKWILA - 1/5 IN KING CO. $6,014,740 ** TOTAL ASSESSED VALUE OF TAX LOT: $300 93.68% EST. 1/3 OF TAX LOT IN KENT - 2/3 1N KING CO. • 128 142 KING COUNTY • 145 147 144 310 * • -•... , . • i . ! PARCELS WITHIN THE SITE PERIMETER • SEGALE ANNEXATION AREA INFORMATION MEMO To: Committee of the Whole From: Steve Lancaster Date: October 20, 2004 Subject: Tukwila South Annexation ISSUE -41( 4 Should the City Council adopt a resolution committing to the phased annexation of Tukwila's south Potential Annexation Area? BACKGROUND City staff continues to work with representatives of the Segale family regarding the annexation and future development of approximately 250 acres within the City's south Potential Annexation Area (PAA). This annexation would leave approximately 60 acres of the south PAA in unincorporated King County (map attached). King County would prefer that Tukwila annex the entire PAA at once, and could oppose a "partial" annexation (as it has done elsewhere). King County opposition would significantly delay or could stop the Segale annexation. King County Executive Ron Sims has indicated he will support the Segale annexation if Tukwila commits to initiating annexation of the remainder of our PAA immediately following completion of the Segale annexation. The attached draft resolution would provide such a commitment. ALTERNATIVES 1. Adopt the proposed resolution. This would satisfy Executive Sims' concerns and commit Tukwila to initiating annexation of the entire PAA in phases. 2. Adopt a modified resolution. We would want to discuss any proposed changes to determine opposition by the Executive. 3. Attempt to annex the entire PAA at one time. This would likely add complexity and delay to the process. 4. Move forward on Segale annexation without committing to a future phase. This may result in King County opposing the annexation and requesting review by the Boundary Review Board. 5. Abandon or defer plans for annexation. CAP REVIEW The Community Affairs and Parks Committee reviewed this issue at its October 12 meeting and recommends approval. RECOMMENDATION Adopt the proposed resolution (Option #1). TEM A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, COMMITTING TO INITIATE AN ANNEXATION PROCESS FOR A CERTAIN UNINCORPORATED ISLAND OF TERRITORY AFTER SUCH ISLAND BECOMES CONTIGUOUS TO THE CITY. WHEREAS, the City has received a notice of intention to commence annexation proceedings related to the territory known as the La Pianta annexation area, the boundaries of which are described in Exhibit A, which is attached hereto and incorporated as if set forth in full; and WHEREAS, the City Council has authorized the circulation of an annexation petition for the La Pianta annexation area; and WHEREAS, the La Pianta annexation area lies within the Tukwila South Potential Annexation Area identified by the Tukwila Comprehensive Land Use Plan; and WHEREAS, the La Pianta annexation will reduce but not eliminate King County's obligation to provide municipal services to an area that is difficult for the County to serve due to its size and isolation from other County service areas; and WHEREAS, the King County Countywide Planning Policies recognize cities as the appropriate provider of local urban services to urban areas; and WHEREAS, King County has indicated it will support the La Pianta annexation if the City commits to timely annex the remainder of its Tukwila South Potential Annexation Area, the boundaries of said remainder being described in Exhibit B, which is attached hereto and incorporated herein as if set forth in full; and WHEREAS, the City of Tukwila is willing to annex the area described in Exhibit B, but would like to delay action on this annexation until after a final resolution his been reached with respect to the La Pianta annexation area; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: Section 1. Within three weeks after the area described in Exhibit A becomes contiguous to the City of Tukwila, the City Council will adopt a resolution commencing negotiations pursuant to RCW 35A. 14.460 for an interlocal agreement between the City and King County to accomplish the annexation of the area described in Exhibit B to the City, and directing staff to complete said negotiations on an expedited basis. Within six weeks of approval of said negotiated interlocal agreement by the City and King County, the City will adopt an ordinance providing for the annexation of the area described in Exhibit B, which ordinance shall provide for an effective date of annexation not later than sixty (60) days after adoption of the ordinance. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of , 2004. ATTEST/ AUTHENTICATED: Jane E. Cantu, CMC, City Clerk APPROVED AS TO FORM BY: Office of the City Attorney Annexation commitment 10/22/04 Jim Haggerton, Council President Filed with the City Clerk: Passed by the City Council: Resolution Number: 11014„,111 Bern /llll. 11111 ■. MOWN. =r sum ‘0111111111414i Community and Parks Committee October 12, 2004 Page 2 Code Enforcement Tax Lien Ordinance. Jack Pace introduced Stephen King of Kenyon/Disend. Stephen is DCD's primary legal resource for code enforcement. Stephen explained that under the City's current code enforcement regulations we have the ability to undertake certain kinds of nuisance abatement work if the property owner refuses. Further, the City is able to recoup its costs by attaching a lien against the property. The lien must be satisfied (the City must be paid) at the time the property is sold. Obviously, it can take many years for the City to recover its costs. State law provides a more effective mechanism for cost recovery when the violation involves dilapidated or dangerous structures not fit for human habitation. Under RCW Chapter 35.80 the City may order owners to abate such structures and if the owner doesn't comply, the City may conduct the abatement itself. The City can then file a tax assessment, under which the city's abatement costs are treated as delinquent taxes, which allows the city to recover its costs in as little as three years. The ordinance included in the agenda packet would authorize use of this new tool for nuisance abatement. Forward to COW with recommendation to approve. Interlocal Agreement — King County Rural Library District. Pam Linder indicated she would prefer that the proposed interlocal agreement be forwarded to the next Committee of the Whole Committee, rather than directly to a regular City Council meeting. The other Committee members agreed. Forward to COW. Tukwila South Annexation. Steve Lancaster explained that King County is reluctant to support annexation of the Segale (La Pianta) property separately from the rest of Tukwila's south potential annexation area (PAA). They would prefer we annex the entire PAA at once. Staff and the property owner are reluctant to attempt a single annexation, since it will likely lengthen and complicate the annexation process. Staff has reached a tentative agreement with the County Executive under which he will support the Segale annexation, if Tukwila commits to initiate annexation of the remainder of the PAA immediately after. The attached draft resolution would provide this commitment. Forward to COW with recommendation to approve. ommittee chair approval Community and Parks Committee October 12, 2004 Present: Pam Linder, Chair; Joe Duffle, Dave Fenton. Stephen King, Steve Lancaster, Maggie Lubov, Lynn Miranda, Jack Pace, Joyce Trantina, Lisa Verne; Sue Carlson (Segale Properties), Martin Dicker (King County). Southwest King County Economic Development Initiative (SWKCEDI) Presentation. Jack Pace provided some background on Tukwila's participation in the SWKCEDI, and introduced Martin Dicker. Martin is a Senior Economic Development Specialist with KingCounty. He described the goals of the Economic Development Initiative as increasing employment opportunities and household incomes throughout southwest King County. He recognized Pam Linder's contributions to the organization as a member of the Executive Committee, and Jack Pace's contributions as a member of the Steering Committee. Martin described two significant programs of the Economic Development Initiative: the small Business Assistance Center located at Highline Community College; and the Export Promotion Program. He also described how the relatively modest but critical financial support provided by Tukwila and other cities has been successful in leveraging significant financial support form other sources. Forwarded to November 1, 2004 City Council meeting as a Special Presentation. Approval of Metro Implementation Contract for Commute Trip Reduction Maggi Lubov, Commute Trip Reduction (CTR) Coordinator, reported this contract is for the City to expend funds from the State allocation for Commute Trip Reduction administration to collect data relative to CTR. Monies are also used for promotional activities and advertising of the program for City wide employers and employees. This one -year contract is for a fiscal year from July 1, 2004 - June 30, 2005. The amount to be spent with this contract with King County Metro is $21,106.00. King County Metro provides technical assistance to the City for the data collection and analysis, as well as employer CTR program review functions. Administrative consistency in implementing the State requirements, along with King County Metro's technical resources and skills, is the primary reason for this agreement. This is a renewal of similar contracts in place since 1995. Maggi provided a packet of materials highlighting CTR activities over the past year. The packet included the 2003 CTR Task Force report to the legislature, ridesharing information and transit changes. Forward to COW with recommendation to approve. TUC/ECONorthwest contract amendment #2. Lynn Miranda described the next phase of ECONorthwest's work on the Tukwila Urban Center Plan as: 1) identification of potential infrastructure funding strategies; 2) preparation of an "economic simulation" to provide information on the ability of proposed City investments to "pay for themselves" over time; and 3) preparation of a summary of previous economic and financial factors reports, to be included in the proposed TUC plan. The proposed amendment increases ECONorthwest's contract by $26,000. Forward to COW with recommendation to approve. December 8, 2003 SEGALE BUSINESS PARK Mayor Steve Mullet City of Tukwila 6200 Southcenter Blvd. Tukwila, WA 98188 RE: Potential Annexation Dear Steve, A LA PIANTA LLC TRADE NAME Thank you for taking the time to advise me on your efforts to work with King County on the issue of annexing our property into the City of Tukwila. As you are aware, we are beginning a very complex process that includes the annexation, environmental review of alternative developments, comprehensive plan amendments and new development standards for the area. To make this work, everyone is going to have to work together and innovative thinking will be needed to create solutions to potential roadblocks. Your suggestion to Ron Sims that the City of Tukwila assume responsibility for providing local government services to the residential area west of Orillia Road is a good example of this type of innovative thinking. Sue Carlson has kept me informed of the progress that is being made with the City on many issues. I know that your staff is working hard to ensure that questions are answered and issues addressed in a timely manner. I appreciate the efforts of both you and your staff to work cooperatively with us. Thank you for making the effort to resolve the annexation issue with King County. Please continue to work with Sue on this and other issues that need resolution. Sincerely, M.A. Segale cc: Sue Carlson Steve Lancaster PO Box 88028 a Tukwila,WA 98138 -2028 5811 Segale Park Drive "C" a Tukwila, WA 98188 -4798 Telephone 206 575 -2000 0 Fax 206 575-1837 City of Tukwila RECEIVED NOV 2 4 2003 COMMUNITY DEVELOPMENT 6200 Southcenter Boulevard • Tukwila, Washington 98188 Steven M. Mullet, Mayor November 21, 2003 Mr. Mario Segale Segale Business Park PO Box 88028 Tukwila WA 98188 -4798 RE: Potential Annexation Dear Mario: Sue Carlson and I have discussed how important a smooth and timely annexation process is to your plans for the area south of the current Tukwila City Limits. I am very excited about the possibilities associated with this annexation, and have directed City staff to work closely with your team to accomplish this. As you are certainly aware, the issue of annexation has become rather controversial in King County, particularly since the depth of the County's financial difficulties has become apparent. County Executive Ron Simms has taken the position that the County will oppose annexations that leave isolated pockets of residences in unincorporated areas. Preliminary conversations between City staff and representatives of the Executive's Office confirmed that annexation of less that Tukwila's entire South Potential Annexation Area would likely be opposed. I recently had breakfast with Ron and took the opportunity to discuss this matter with him. He initially restated the County's general position. I asked Ron to reconsider based on a proposal that the City would agree to assume responsibility for local government services for the residential properties remaining in unincorporated King County (Steve Lancaster had previously discussed this possibility with Sue Carlson). Ron indicated real interest in this proposal. At my direction, Steve Lancaster has been in contact with county staff members, and the initial response has been positive. Steve will make additional contacts in the coming weeks, and I predict more positive feedback. My expectation is that despite some opposition, the annexation is something we can make happen. We will keep you informed as our talks with King County progress. Please let me know if you have concerns about any of this as we move forward. r Steven M. Mullet Mayor cc: Rhonda Berry Steve Lancaster Sue Carlson Phone: 206 - 433 -1800 • City Hall Fax: 206 - 433 -1833 • www.ci.tukwila.wa.us KING County / Fire Protection District #24 st S 193rd St Kent ?O6tn St 212th 230434 NW tit 230434 NE 230435 NW 230435 NE 2304361\TW 23043r A ekt r, 230431 orb KING County Fire Protection District #24 230435SW 230436 SW S l93td St 2204031 220403 NE' 220401 220401 SW 220401 t NE If n i E -- :x,220411 NW $ 21 220411 NE 220412 NW 220412] $21.t'h FIRE DIST. 24 MAP AC w -J Z DEN01E8 FIRE DIST. \\ \ 1 \\ \ DENOTES ANNEXATION BOUND DENOTES PAA BOUNDARY Hw�;W Irwin" mointin anima Legend _I=ON_ City Limits ■ ■ ■ Potential Annexation Area (PAA) Tukwila South Annexation Area Green /Duwamish River HIGHLINE WATER DIST. MAP f/AP, G./J/W.W DENOTES WATER DIST \J\\\\\ DENOTES ANNEXATION DENOTES PAA BOUNDARY D4 11 SCHOOL DIST. 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Tukwila Master Plan Area ▪ im Tukwila Urban Center MIC /L Manufacturing Industrial Center /Light Industrial HI Heavy Industrial NS Tukwila Valley South CILI Commercial Light Industrial LDR Low Density Residential TUC Tukwila Urban Center RCM Regional Commercial Mixed Use RCC Regional Commercial Center RC Regional Commercial NCC Neighborhood Commercial Center MUO Mixed Use Office 0 Office MIC /H Manufacturing Industrial Center /Heavy Industrial MDR Medium Density Residential LI Light Industrial HDR High Density Residential 1 inch = 800 feet Legend ▪ MIC Boundary _,.Potential, Annexation %Areal Tukwila Master Plan Area ▪ Tukwila Urban Center MICIL Manufacturing Industrial Center /Light Industrial HI Heavy Industrial TVS Tukwila Valley South CILI Commercial Light Industrial LDR Low Density Residential TUC Tukwila Urban Center RCM Regional Commercial Mixed Use RCC Regional Commercial Center RC Regional Commercial NCC Neighborhood Commercial Center MUO Mixed Use Office 0 Office MIC /H Manufacturing Industrial Center /Heavy Industrial MDR Medium Density Residential LI Light Industrial HDR High Density Residential 1 inch = 800 feet Legend — — MIC Boundary Potential Annexation Area I Tukwila Master Plan Area Tukwila Urban Center MIC /L Manufacturing Industrial Center /Light Industrial HI Heavy Industrial TVS Tukwila Valley South CILI Commercial Light Industrial LDR Low Density Residential TUC Tukwila Urban Center RCM Regional Commercial Mixed Use RCC Regional Commercial Center RC Regional Commercial NCC Neighborhood Commercial Center MUO Mixed Use Office 0 Office MIC /H Manufacturing Industrial Center /Heavy Industrial MDR Medium Density Residential LI Light Industrial HDR High Density Residential 1 inch = 800 feet Legend ▪ MIC Boundary E ,Potential`Annexation'Area r1 Tukwila Master Plan Area ▪ im Tukwila Urban Center MIC/L Manufacturing Industrial Center /Light Industrial HI Heavy Industrial TVS Tukwila Valley South CILI Commercial Light Industrial LDR Low Density Residential TUC Tukwila Urban Center RCM Regional Commercial Mixed Use RCC Regional Commercial Center RC Regional Commercial NCC Neighborhood Commercial Center MUO Mixed Use Office 0 Office MICIH Manufacturing Industrial Center /Heavy Industrial MDR Medium Density Residential LI Light Industrial HDR High Density Residential 1 inch = 800 feet Legend — — MIC Boundary ▪ m, <PAtential Annexation Area -, L i Tukwila Master Plan Area ▪ Tukwila Urban Center MICR. 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Legend CID City Limits ■ ■ ■ Potential Annexation Area (PAA) Tukwila South Annexation Area Green /Duwamish River Lake EN ME I11 EMM, 111111 1 �I laram City of Tukwila Washington Resolution No. /a 51 f' A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING THE URBAN GROWTH BOUNDARY OF RESOLUTION NO. 1205 PURSUANT TO THE GROWTH MANAGEMENT ACT, AS AMENDED, AND THE KING COUNTY COUNTYWIDE PLANNING POLICIES. WHEREAS, the Growth Management Act, RCW 36.70A, requires the City to adopt an Urban Growth Boundary for the purpose of long -term future growth of the City; and WHEREAS, the King County Countywide Planning Policies, adopted June 3, 1992, require the City to adopt "growth phasing plans" or "potential annexation areas" for identification of long -term future growth areas; and WHEREAS, the City of SeaTac has adopted an Urban Growth Boundary, or potential annexation area, for the "Boulevard Park" area that overlaps the Urban Growth Boundary adopted by Tukwila Resolution No. 1205; and WHEREAS, the City of SeaTac is the more logical urban service provider for the "Boulevard Park" area instead of Tukwila; and WHEREAS, the cost of Tukwila providing urban services in the "Boulevard Park" area, generally west of West Marginal Way, exceeds existing City annexation policies and fiscal policy; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: Section 1. Urban Growth Boundary Revised. The unincorporated territory shown in Exhibit A, Resolution No. 1205, is amended to show the Urban Growth Boundary in Exhibit A, attached hereto, which shall be the Urban Growth Boundary of the City for purposes of planning under the Growth Management Act, subject to a complete fiscal and operational analysis regarding feasibility of these annexations. Section 2. The proposed Urban Growth Boundary shall be used in the comprehensive planning .process required by the Growth Management Act as the starting point of planning for future growth and needs of the City. The proposed Urban Growth Boundary shall also be used for the purpose of entering into interlocal agreements for potential future annexations pursuant to the Countywide Planning Policies. During these processes the Urban Growth Boundary will be reviewed and modified as deemed appropriate as part of the Comprehensive Plan to be adopted. PASSED BY THE CITY COUNCIL OF THE C Y F TUKWILA, WASHINGTON, at a regular meeting thereof this A? 'Li" day of ,1993. Steve Lawrence, Council President ATTEST/ AUTHENTICATED: E. Cantu, City Clerk APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY Filed with the City Clerk: Passed by the City Council: .3 • 73 Resolution Number /A *'V' TUKWILA PROPOSED URBAN GROWTH BOUNDARY 1111111 111 1111111 - P\416 —'1111111 = =- 11 1 111111 t -111, , .1 m �m1Erir . .. .; rat lII O1111111C:_ ' , RE \'''M !IIIL!! 1 111111 i ;'1 t11tm 4IL E Iii �t111e1►:- , ` i �' e IIC�; 1111 @N 111111 1_ � II 1 imam Lii��'� 111� '11E m IA .�1 A!t 11 �kIl !81 MS* � 11 m i eIl1 i. aNivisijirE gm • 11r1I1Rn1u11 in a` I.""g' 1111 R11 Rainier Beach 'Subtlest Soulhcea,er SEATAC — AIRPORT "'r be le Lake Norma ParK ObMn ■ X4 ` CITY OF TUKWILA WASHINGTON a`)11-1 RESOLUTION NO. • \Q n L�fK g y • A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, PROPOSING AN URBAN GROWTH BOUNDARY PURSUANT TO THE GROWTH MANAGEMENT ACT, AS AMENDED. WHEREAS, the Growth Management Act, RCW 36.70A, requires the City to adopt an Urban Growth Boundary for the purpose of long term future growth of the City, and WHEREAS, within the proposed Urban Growth Boundary the City has historically received interest from property owners to annex to the City, and WHEREAS, the City can provide and is the logical provider of urban services to the areas within the Urban Growth Boundary, and WHEREAS, the proposed Urban Growth Boundary represents a logical and rational extension of existing City geographical boundaries and continuation of existing community character, and WHEREAS, the proposed Urban Growth Boundary is subject to final adoption as part of the forthcoming Comprehensive Plan being prepared per the Growth Management Act, and therefore, is not a final action by the City Council, and is exempt from the requirements of the State Environmental Policy Act, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, DO HEREBY RESOLVE AS FOLLOWS: Section 1. Urban Growth Boundary Proposed. The unincorporated territory shown as the crosshatched area in Exhibit A, attached hereto, and by this reference is incorporated herein, should be the Urban Growth Boundary of the City for purposes of planning under the Growth Management Act, subject to a complete fiscal and operational analysis regarding feasibility of these annexations. Section 2. Public Process. The proposed Urban Growth Boundary shall be used in the comprehensive planning process required by the Growth Management Act as the starting point of planning for the future growth and needs of the City. During that process the proposed Urban Growth Boundary will be reviewed and modified as deemed appropnate as part of the Comprehensive Plan to be adopted. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWLILA, WASHINGTON, at a regular meeting thereof this day of ` / ,1992. ATTEST /AUTHENTICATED: APPROVED AS TO FORM: OFFICE OF THE QITY ATTORNEY: Filed with the City Clerk: 3a - A Passed by the City Council: — 7l Resolution Number /205- ,./(a Council Preside PROPOSED URBAN GROWTH BOUNDARY 1111111 111 111111 1111111 1111 1111 111111i Ma 4.11111111111::,,:i 'B IKEE EI1'11111LI8ei 1E�E i11111�;, 1111E I: .. :1 - m 19 arm �i.1��l 1r III �'i11E11111�1I11�r:/ ��!!1 11 T I II i 1rr u s11l1I 111101itsflit4 plitirsoma I MOH phig VIMEMPOI spom 14,11111 1i1��o'�',mll t 1C1I'F■E4 �� 1 lier112111- C"IC EXHIBIT A