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HomeMy WebLinkAboutRes 1772 - Notice of Intent for North Highline Annexation Area Resolution No. 1772 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, ACCEPTING THE 60% ANNEXATION PETITION FOR A CERTAIN UNINCORPORATED TERRITORY KNOWN AS TUKWILA'S PORTION OF THE NORTH HIGHLINE POTENTIAL ANNEXATION AREA; EXPRESSING THE INTENT TO ANNEX; AND PROVIDING FOR SUBMISSION OF A NOTICE OF INTENT TO THE WASHINGTON STATE BOUNDARY REVIEW BOARD FOR KING COUNTY. WHEREAS, on May 17, 2012, the City of Tukwila received a Notice of Intent pursuant to RCW 35A.14.120 to annex certain real property commonly referred to as Tukwila's portion of the North Highline Potential Annexation Area; and WHEREAS, the Notice of Intent was signed by the owners of the property representing at least 10% in value (according to the assessed valuation for general taxation) of the real property; and WHEREAS, on May 21, 2012, the City Council accepted the 10% request and authorized circulation of a 60% petition for annexation and required both simultaneous adoption of zoning and assumption of all existing City indebtedness; and WHEREAS, on June 5, 2012, the property owners representing at least 60% of the assessed value of the proposed annexation area submitted their petition to commence annexation proceedings; and WHEREAS, pursuant to RCW 35A.01.040(4), the petition was submitted to the King County Department of Assessments for determination as to the sufficiency of signatures thereon; and WHEREAS, on June 6, 2012, the King County Assessor, Lloyd Hara, determined that the petition contains the signatures of the owners of 60% of the assessed valuation of the property located within the annexation area, and so notified the City of Tukwila of that determination in writing; and W: \Word Processing- City \Resolutions \North Highline PAA- accept 60% petition 8 -13 -12 MD:bjs Page 1 of 3 WHEREAS, on June 20, 2012, the City of Tukwila held an informational open house as an opportunity for the public to obtain information about the proposed annexation; and WHEREAS, on June 25, 2012, the City Council of the City of Tukwila held a public hearing following publication of notice thereof as provided in RCW 35A.14.130; and WHEREAS, the Washington State Growth Management Act and King County Countywide Planning Policies anticipate all unincorporated areas within a City's urban growth area will eventually be annexed; and WHEREAS, in 1995 Tukwila adopted Ordinance No. 1757, which adopted a Comprehensive Land Use Plan and Map for the City of Tukwila that identified approximately 166 acres within the unincorporated North Highline area as a potential annexation area (PAA) for the City; and WHEREAS, the City of Seattle has designated a PAA that includes all of the unincorporated North Highline area, a portion of which overlaps with Tukwila's PAA; and WHEREAS, King County Countywide Planning Policy LU -32 establishes a process for resolving PAA overlaps, and beginning on April 6, 2011, Tukwila, Seattle and King County participated in the required mediation to resolve the overlap dispute. There was no resolution of the overlap issue; therefore the City is able to pursue annexation under state law, having met the procedural prerequisite of mediation; and WHEREAS, the City Council has determined the annexation to be consistent with the Growth Management Act, including RCW 36.70A.110(1); NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: Section 1. Accept 60% Annexation Petition. The City of Tukwila hereby accepts the 60% petition for the approximately 166 acres of real property known as Tukwila's portion of the North Highline Potential Annexation Area, which is legally described in Exhibit A and depicted on the map in Exhibit B, both of which are attached hereto. Section 2. Assumption of Debt/Taxation. All property within the territory annexed pursuant to Section 1 shall be assessed and taxed at the same rate and on the same basis as other property in the City of Tukwila is assessed and taxed, to pay for the now outstanding indebtedness to the City contracted prior to or existing at the time of annexation. Section 3. Simultaneous Adoption of Zoning. The City declares its intention to adopt zoning simultaneous with annexation. The zoning for Tukwila's portion of the North Highline Annexation Area will be established consistent with the City's Comprehensive Plan. W: \Word Processing- City \Resolutions \North Highline PAA- accept 60% petition 8 -13 -12 MD:bjs Page 2 of 3 Section 4. Notice of Intent to Boundary Review Board. The Community Development Director is hereby authorized and instructed to prepare and submit a Notice of Intent to annex to the Washington State Boundary Review Board for King County as soon as practical in order to obtain approval for the annexation. The aforementioned authority is hereby authorized and directed to take such other steps with respect to said Notice of Intent or otherwise as deemed necessary to implement the annexation in Section 1 of this resolution. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this :10TI day of 2012. ATTEST /AUTHENTICATED: �10 Christy O'FlaK4rty, MMC, City C (drk Verna Seal, Council President APPROVED AS TO FORM BY: Shelley WRer a (C5 7 iity"'Attorney Filed with the City Clerk: Y -49—ta Passed by the City Council: Y —,�O -1a Resolution Number: Attachments: Exhibit A Legal description of the proposed annexation area Exhibit B Map of the proposed annexation area W: \Word Process ing- City \Resolutions \North Highline PAA- accept 60% petition 8 -13 -12 MD:bjs Page 3 of 3 EXHIBIT A PROPOSED ANNEXATION AREA THOSE PORTIONS OF THE SOUTHEAST QUARTER OF SECTION 32 AND SOUTHWEST QUARTER OF SECTION 33, TOWNSHIP 24 NORTH, RANGE 4 EAST, W.M., AND OF THE NORTHWEST QUARTER OF SECTION 4 AND NORTHEAST QUARTER OF SECTION 5, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF WESTERLY MARGIN STATE ROUTE 99 WITH THE NORTH LINE OF TRACT 55 OF MOORE'S FIVE ACRE TRACTS AS RECORDED IN VOLUME 9 OF PLATS, PAGE 28, RECORDS OF KING COUNTY WASHINGTON; THENCE EASTERLY ALONG SAID NORTH LINE OF TRACT 55 AND CONTINUING ALONG THE EASTERLY EXTENSION THEREOF TO THE THREAD OF THE DUWAMISH WATERWAY; THENCE NORTHERLY ALONG SAID THREAD OF THE DUWAMISH WATERWAY TO THE EASTERLY EXTENSION OF THE SOUTH LINE OF MCNATT'S 1 ST ADDITION TO SOUTH PARK HEIGHTS AS RECORDED IN VOLUME 9 OF PLATS, PAGE 9, RECORDS OF KING COUNTY, WASHINGTON, SAID LINE ALSO BEING THE EASTERLY EXTENSION OF THE PRESENT LIMITS OF THE CITY OF SEATTLE; "THENCE WESTERLY ALONG SAID SOUTH LINE AND ALONG SAID LIMITS OF THE CITY OF SEATTLE TO THE EAST MARGIN OF 12 AVENUE SOUTH; THENCE SOUTHERLY ALONG THE EXTENSION OF SAID EAST MARGIN OF 12 AVENUE SOUTH AND CONTINUING ALONG THE PRESENT LIMITS OF THE CITY OF SEATTLE TO THE SOUTH MARGIN OF SOUTH CAMBRIDGE STREET EXTENDED EASTERLY. THENCE WESTERLY ALONG THE EXTENSION OF SAID SOUTH MARGIN OF SOUTH CAMBRIDGE STREET EXTENDED AND CONTINUING ALONG THE PRESENT LIMITS OF THE CITY OF SEATTLE TO THE INTERSECTION OF THE SOUTH LINE OF EXCELSIOR ACRE TRACTS NO. 2 AS RECORDED IN VOLUME 9 OF PLATS, PAGE 48, RECORDS OF KING COUNTY, WASHINGTON WITH THE WESTERLY MARGIN OF SAID STATE ROUTE 99; THENCE LEAVING SAID PRESENT LIMITS OF THE CITY OF SEATTLE, SOUTHEASTERLY ALONG SAID WESTERLY MARGIN OF STATE ROUTE 99 TO THE EXHIBIT A INTERSECTION WITH THE EAST LINE OF THE WESTERLY 178.51 FEET OF TRACT 8 OF SAID MOORE'S FIVE ACRE TRACTS; THENCE SOUTHERLY ALONG SAID EAST LINE TO THE NORTH MARGIN OF SOUTH 96 STREET; THENCE EASTERLY ALONG SAID NORTH MARGIN OF SOUTH 96 STREET TO THE INTERSECTION WITH THE WESTERLY MARGIN OF STATE ROUTE 99; THE SOUTHEASTERLY ALONG SAID WESTERLY MARGIN OF STATE ROUTE 99 TO THE INTERSECTION WITH THE NORTH LINE OF SAID TRACT 55 OF MOORE'S FIVE ACRE TRACTS AND THE POINT OF BEGINNING. 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