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018-20 - Ordinance - Revision of the Corporate Boundary of the City - Segment of SW Old Clifton Road/Anderson Hill RoadoRDtNANCE NO.018-20 AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, APPROVING THE REVISION OF THE CORPORATE BOUNDARY OF THE CITY OF PORT ORCHARD IN ORDER TO INCORPORATE THE FULL WIDTH OF A SEGMENT OF SW OLD CTIFTON ROAD AND ANDERSON HILL ROAD SW RIGHT oF WAY lNTo THE CORPORATE LlMlTs oF THE CITY; PROVIDING FOR SEVERABIUTY, CORRECTIONS, AND PUBLICATION; AND SETTING AN EFFECTIVE DATE. WHEREAS, RCW 35A.21.210 provides that governing bodies of a county and a code city located therein may by agreement revise any part of the corporate boundary of the city which coincides with the centerline, edge, or any portion of the public street, road or highway right-of-way by substituting therefore a right-of-way line of the same public street, road or highway so as to fully include or fully exclude that segment of the public street, road or highway from the corporate limits of the city; and WHEREAS, the corporate boundary of Port Orchard currently extends along 5W Old Clifton Road and Anderson Hill Road SW; and WHEREAS, the City of Port Orchard has designed a roundabout project at the intersection of SW Old Clifton Road and Anderson Hill Road SW that includes one leg of the roundabout which extends into the county right of way; and WHEREAS, the City of Port Orchard and Kitsap County wish to revise the City's boundary so as to expand the City's corporate boundary to include said right-of-way; and WHEREAS, the City Council finds it is in the City's best interest to have the right- of-way wholly within the City's jurisdiction so that the City may make road improvements under City standards and provide local services to its residents including the maintenance and operation of the public right-of-way; and WHEREAS, revision of the corporate boundary of a city is effective upon approval by the city council and the county legislative authority as provided for in RCW 35 A.2L2L0; now, therefore, THE C|TV COUNCTL OF THE C|TY OF PORT ORCHARD, WASHTNGTON, DO ORDAIN AS FOLLOWS: SECTION 1. Findines. The City Council hereby adopts the above recitals as findings in support of this ordinance. Ordinance No. 018-20 Page 2 of 3 SECTION _2. Corporate boundarv f.evision. The City Council approves the revision of the corporate boundary of the City of Port Orchard to fully include said area legally described on the legal description and map on Exhibit A hereto in the corporate limits of the City of Port Orchard. sEcTtoN 3 Severabilitv. 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 by a court, board, or tribunal of competent jurisdiction, for any reason, or should any portion of this ordinance be pre-empted by state or federal law or regulation, such decision or preemption shall not affect the validity of the remaining portions of this ordinance or its application to other persons or circumstances. sEcTtoN 4.Savings. The enactment of this ordinance shall not affect any application, case, proceeding, appeal, or other matter currently pending administratively or judicially in any court or in any way modify any right or liability, civil or criminal, that may be in existence on the effective date of this ordinance, SECTIOILS. Corrections. Upon the approval of the City Attorney, the City Clerk is authorized to make any necessary corrections to this ordinance including, but not limited to, the correction of scrivener's/clerical errors, references, ordinance numbering, section/subsection numbers, and any reference thereto. SE9TION 6. Effective Date: Publication. This ordinance shall take effect and be in full force and effect five days after publication, as provided by law, An approved summary of this ordinance consisting of the title shall be published in the official newspaper of the City, PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor and attested by the Clerk in authentication of such passage this 28th day of July 2020. Robert Puta ansuu,Mayor SPONSORED BY: hby, Councilmember ;ir:ili rson,MMC, Cit Ordinance No. 018-20 Page 3 of 3 AP FORM ONLY: L ---- Charlotte Archer, City Attorney PUBLISHED: EFFECTIVE DATE July 31, 2020 August 5,2020 Exhibit A Ordinance No. 018-20 June 1 I 2020 LEGAL DESCRIPTION FOR CITY OF PORT ORCHARD RIGHT OF WAY ANNEXATTON FOR THE CITY OF PORT ORCHARD (EAST) That portion of the Southeast quafter of the Southeast quafier lying within the right of way of SW Old Clifton Road and of Anderson Hill Road SW, in Section 4, Township 23 Norlh, Range 1 East, W.M, in Kitsap County, Washington described as follows: BEGINNING at the Norlhwest corner of that cerlain parcelof land conveyed to the City of Potl Orchard {or Right of Way purposes per deed recorded under Auditors File Number 201905290169, records of Kitsap County, Washington; Thence S 88o58'53" E along the Northerly line of said parcel, being also the North line of said subdivision, a distance of 55.69 leet; Thence S 61"46'18" E, deparling said Norlherly line and said subdivision line, along the Nor.theasterly and Easterly line of said parcel, a distance of 102.36 feet; Thence S 37'39'51" E, continuing along said Norlheasterly and Easterly line, a distance of 46.37 feet; Thence S 01'01'07" W, continuing along said Noftheasterly and Easterly line, a distance ol 20,67 feet to a point on the Northerly margin of SW Old Clifton Fload, and a point on a curve the center of which bears N 05'26'58" W; Thence Easterly, departing said Northeasterly and Easterly line, along said Northerly margin, along an arc of a curve to the left, said curve having a radius of 686.25 feet, through a central angle of 14"59'43", a distance o{ 179.60 feet; Thence S 20'26'41" E, departing said Northerly margin, a distance of 80.00 feet to a point on the Southerly margin of SW Old Clifton Road and to a point on a curue the center of which bears N 20o26'41" W; Thence Westerly along said Southerly margin, along an arc of a curve to the right, said curve having a radius of 766.25 leet, through a central angle of 22"36'34", a distance of 302.37 feet; Thence N 87'50'07'W, continuing along said Southerly margin, a distance of 87.58 feet; Thence N 02'24'06" E, depafting said Southerly margin a distance of 80.00 to the Southwest corner of said ceilain parcel conveyed per deed recorded under Auditors File Number 201 9052901 69; Thence continuing N 02'24'06" E, along the Westerly line of said parcel a distance ol 106.18 feet to the POINT OF BEGINNING. Herein described parcel contains 44,831 square feet or 1.03 acres. Prepared by loe, checked ov, Ea/ EiT]LDSMITH 1 61 52 Row Take (East) 2020-06-1 9.docx Page 1 oi 1 €LAND DEVEI-OPMENT SERVICES sE1l4, SE I /4 SECTTON 4, TOWNSH|P 23 N, RANCE 't E, W.M CITY OF PORT ORCHARD, KITSAP COUNTY, WASHINCTON L1NE 0F THE SE 1/4, /4 sEcTtoN 4-2J-l POB TAX PARC E L #0 4 230 1 - 4-0 26-2006 OWNER: KITSAP COUNTY DEPARTMENT OF PUBLIC WORKSt c/) a 6q SE' L1 RIGHT OF WAY AREA DEEDED TO THE CITY OF PORT ORCHARD PER REC #201905290169 TH LINE OF THE SE 1/4, sEcnoN 4-2J-1 NOR SE @ F SW OLD CLIFTON ROAD SCALE: \z \8..bJ\6)'\8,,,2 tte 87.58 0 s0 100 200 I" = 100' LINE TABLE LINE NO.BEARING DISTANCE L1 N88" 58',53"W 55.69 L2 N61" 46'19"W 102.36 L3 N37" 39',51"W 46.37 L4 N1" 01' 07nE 20,67 z(Jl Nio) (Jl c0 € I oE =OtoFtoo N 9 rel{D OBEiELDEiMITH€LAND DEVEtopMENT sERVtcEs PO Box 3565, Bellewe, WA 98004 T 425 462 1080 F 425 462V t9 RIGHT-OF.WAY ACQUIStTtON (EAST) FOR CITY OF PORT ORCHARD 111 I I