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020-07 - Ordinance - Annexing Property to the CityPORT ORCHARD CITY OF 200707260005 Ordinance Rec Fee: $ 43.00 07/26/2007 08:53 AM Page: 1 of 4 Karen Flynn, Kitsap Cc Auditor City of Port Orchard 216 Prospect Street Port Orchard, WA 98366 ORDINANCE NO. 020-07 AN ORDINANCE THE CITY OF PORT ORCHARD, WASHINGTON, ANNEXING CERTAIN REAL PROPERTY TO THE CITY, REQUIRING THE ANNEXED PROPERTY TO BE ASSESSED AND TAXED AT THE SAME RATE AND BASIS AS OTHER PROPERTY WITHIN THE CITY, AND ESTABLISHING THE COMPREHENSIVE PLAN DESIGNATION FOR THE PROPERTY. THE PROPERTY IS LOCATED IN THE SW QUARTER OF THE SE QUARTER OF SECTION 2 TOWNSHIP 23 NORTH, RANGE -1 EAST, W.M., IN KITSAP COUNTY, WASHINGTON ASSESSORS ACCOUNT NUMBER: 022301-4-005-2003 WHEREAS, The City Council was notified in writing by the owner of 100% in value of the real property legally described and geographically depicted in Exhibit "A" attached hereto, of the owner's intention to commence annexation proceedings; and WHEREAS, a meeting was held on the 14th day of August, 2006, between the initiating party of this annexation and the Council of the City of Port Orchard, at which time the Council accepted the notice of intention to commence annexation proceedings and authorized the circulation of an annexation petition for annexation of the real property legally described and geographically depicted in Exhibit "A" attached hereto. At the meeting the Council also determined that it would require the simultaneous adoption of a comprehensive plan designation, and the assumption of city indebtedness by the area to be annexed upon annexation; and WHEREAS, the petition was circulated, filed with the City Council, and certified by the County Assessor as containing the signatures of owners as set forth in RCW 35.21.005, of 100% in value, according to the assessed valuation for general taxation, of the property to be annexed; and Ordinance No. 020-07 Page 2of3 WHEREAS, the City properly filed a Notice of Intention and related documents with the Kitsap County Boundary Review Board, which waived review pursuant to RCW 36.93.110; and WHEREAS, the Property is currently designated Urban High Intensity Commercial/Mixed Use on the Kitsap County Comprehensive Plan Map. The most similarly corresponding designation in the City of Port Orchard Comprehensive Plan is Commercial; and WHEREAS, pursuant to RCW 35.13.140, a public hearing was held on July 23, 2007, which hearing was duly noticed by the City Clerk through publication in a newspaper of general circulation in the City and the proposed annexation area, and through posting of a hearing notice in three public places within the territory proposed for annexation, specifying the time and place of the hearing and inviting interested persons to appear and voice approval or disapproval of the annexation; and WHEREAS, the City Council has been fully advised and finds that all statutory requirements have been satisfied in order to accomplish the proposed annexation; now therefore THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON DO ORDAIN AS FOLLOWS: Section 1. The unincorporated real property located in Kitsap County, Washington, contiguous to the City of Port Orchard and legally described and geographically depicted in Exhibit "A" attached hereto and incorporated herein by this reference, is hereby annexed to and made part of the City of Port Orchard, Kitsap County, Washington. Section 2. As provided in the annexation petition, all property within the territory annexed shall be assessed and taxed at the same rate and on the same basis as other property within the City of Port Orchard, including assessments or taxes in payment of all or any portion of the outstanding indebtedness of the City contracted for, incurred prior to, or existing on, the date of annexation. Section 3. As provided in section VI-4 of the City of Port Orchard Comprehensive Plan, the property within the territory annexed is hereby designated Commercial on the City of Port Orchard Comprehensive Plan Map which is the most similarly corresponding designation to the County's Comprehensive Plan Designation. Zoning shall be determined by site plan specific rezone pursuant to Part 2, Section 11(f) of the City of Port Orchard Planning and Development Procedures when a development proposal is formally submitted. No land use applications shall be accepted by the City for any property within the annexation area until zoning for such property is determined through the site plan specific rezone process. PORT ORCHARD CITY OF 200707260005 Ordinance Rec Fee: $ 43.00 07/26/2007 08:53 AM Page: 2 of 4 Karen Flynn, Kitsap Cc Auditor IIIIIII III IIIIII IIII IIIIII IIII IIIIIII Illill IIII IIII IIIII IIIINI III IIIII IIIII IIIII IIII IIII Ordinance No. 020-07 Page 3 of 3 Section 4. The City Clerk is hereby directed to file a certified copy of this Ordinance with the Kitsap County Board of Commissioners. The Clerk is further directed to file a certificate of annexation with the State Office of Financial Management as directed by RCW 35.13.260, and to provide such other notice of this annexation as required by law. Section 5. Severability. If any section, subsection, paragraph, sentence, clause, or phrase of this Ordinance is declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of this ordinance. Section 6. Effective Date of Annexation. This Ordinance shall be in full force and effect five (5) days after posting and publication as required by law. A summary of this Ordinance may be published in lieu of the entire Ordinance, as authorized by State law. PASSED by the City Council of the City of Port Orchard, signed by the Mayor and attested by the City Clerk in authentication of such passage this 23rd day of July 2007. Kim Abel, MAYOR ATTEST: Michelle Merlino, City Clerk APPROVED AS TO FORM: Sponsored by: City Attorne Fred Chang, CounIpmember CITY OF 200107260005 3 of 4 PORT ORCHARD 43 00 II II II page �26l2 07R@8:53eRM$it Co Auditor Karen Flynn, Kitsap EXH�TT A ANNEXATION PETITION Ordin.a.pIce N'o. 020--07 EXHIEBIT A Legal description anal Map of property proposed to be annoxcd Parcel Number 022301-4-005-2003 A PORTION OF THE SOUTH-WEST QUARTER OF THE SOUTHEAST QUARTER, ', SECTION 2, TOWNSHIP 23 NORTH, RANO.F. I BAST, WM, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE WEST SIDE OF COUNTY ROAD 682 FEET WEST AND 30 FEET NORTH OF THE SOUTHEAST CORNER OF SAID SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER; THENCE NORTH 225 FEET ALONG THE WEST SIDE OF COUNTY ROAD; THENCE WEST 225 FEBT; THENCE SOUTH 225 FEET, MORE OR LESS, TO THE NORTH SIDE OF COUNTY ROAD; THENCE EAST ON SAID COUNTY ROAD, 225 FEET TO THE POINT OF BE(31NNJNG. SITUATE IN YITSAP COUNTY, WASHINOTON, OfTy OF POFY OROHARD G)WIM poftr 0MIJAM Civy LM ROLArD 4771 ceCER AC)A0 SE ROAD -------- ----------------- Mid= for Annexation to the City of Fort orchard PORT ORCHARD CITY OF 200707260005 Ordinance Rec Fee: $ 43.00 07/26 2007 08:53 AM Page: 4 of 4 Karen Flynn Kitsap Co Auditor IEI IIII 111H 11111111111111111111111111111111 EII 111iffil IN