021-07 - Ordinance - Annexing Property to the CityPORr
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Port Orchard, WA 98366
AN ORDINANCE OF 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 COMPREHENSIVE PLAN DESIGNATIONS FOR THE
PROPERTY. THE PROPERTY IS LOCATED IN SECTIONS 10 AND 11
TOWNSHIP 23 NORTH, RANGE 1 EAST, W.M., IN KITSAP COUNTY,
WASHINGTON
ASSESSORS ACCOUNT NUMBERS: 102301-1-008-2006, 112301-2-010-
2009, 112301-2-023-2004, 112301-2-024-2003, 112301-2-011-2008,
112301-2-012-2007, and 112301-2-013-2006
WHEREAS, The City Council was notified in writing by the owners of over 10%
in value of the real property legally described and geographically depicted in Exhibit "A"
attached hereto, of the owners' intention to commence annexation proceedings; and
WHEREAS, a meeting was held on the 8th day of January, 2007, between the
initiating parties 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 comprehensive
plan designations, and the assumption of city indebtedness by the area to be annexed upon
annexation; and
Ordinance No, 021-07
Page 2 of 4
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 over 75% in value, according to the assessed valuation for general taxation, of the property
to be annexed; and
WHEREAS, the City properly filed a Notice of Intention and related documents
with the Kitsap County Boundary Review Board; and
WHEREAS, pursuant to RCW 35.13.177 and 35.13.178, the City Council
adopted Ordinance No. 019-06, designating parcel numbers 112301-2-010-2009, 112301-2-
023-2004, 112301-2-024-20031 112301-2-011-2008, 112301-2-012-2007, 112301-2-013-2006
Commercial/Greenbelt on the City of Port Orchard Comprehensive Plan Map to become
effective upon annexation; and
WHEREAS, parcel number 102301-1-008-2006 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.
CITY OF 200707260007
PORT ORCHARD
49.00 Page: 2 of 10
07dl26l2007Rm8:53eAM$
, Kitsap Co Ruditor
Karen Flynn
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Ordinance No. 021-07
Page 3 of 4
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 Ordinance No. 019-06, parcel numbers 112301-2-
010-2009, 112301-2-023-2004, 112301-2-024-2003, 112301-2-011-2008, 112301-2-012
2007, 112301-2-013-2006 are hereby designated Commercial/Greenbelt on the City of Port
Orchard Comprehensive Plan Land Use Map.
Section 4. As provided in section VI-4 of the City of Port Orchard
Comprehensive Plan, parcel number 102301-1-008-2006 is hereby designated Commercial on
the City of Port Orchard Comprehensive Plan Land Use Map, which is the most similarly
corresponding designation to the County`s Comprehensive Plan Designation.
Section S. Zoning for all properties within the territory annexed 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 for such
property 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.
Section G. Effective Date of Annexation. This annexation is subject to
approval by the Kitsap County Boundary Review Board, and shall not be effective until
deemed approved by the Boundary Review Board pursuant to RCW 36.93. The effective date
of annexation shall be the date the annexation is approved or deemed approved by the
Boundary Review Board.
Section 7. Upon approval by the Boundary Review Board, 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 8. 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 9. This Ordinance shall be in full force and effect five (5) days after
publication as required by law. A summary of this Ordinance may be published in lieu of the
entire Ordinance, as authorized by State law.
PORT ORCHARD CITY OF 200707260007
Ordinance Rec Fee: $ 49.00 page: 3 of 10
07/26/2007 08:53 AM
Karen Flynn, KitSap Cc Auditor
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Ordinance No. 021-07
Page 4 of 4
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.
ATTEST:
Michelle Merlino, City Clerk
City Attorn
h�'
Kim Abel, MAYOR
Sponsored by:
Fred Chang, Councilm tuber
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LEGAL DESCRIPTION FOR SO(JTH SIDNEY ANNEXATION:
PARCEL 1
THAT PORTION OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER,
SECTION 10, TOWNSHIP 23 NORTH, RANGE 1 EAST, WILLAMETTE MERIDIAN, IN
KITSAP COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF SAID SECTION 10, THENCE SOUTH 660
FEES' (40 RODS); THENCE WEST 330 FEET" (20 RODS); THENCE NORTH 660 FEES` (40
RODS); THENCE EAST 330 FEET (20 RODS) TO THE POINT OF BEGINNING;
EXCEPT THAT PORTION FOR GLENWOOD ROAD; AND
EXCEPT THAT PORTION CONVEYED TO KITSAP COUNTY BY INSTRUMENT RECORDED
UNDER AUDITOR'S FILE NO. 9210190167;
Parcet 2
THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 11,
TOWNSHIP 23 NORTH, RANGE 1 EAST, WILLAMETTE MERIDIAN IN KITSAP COUNTY,
WASHINGTON;
EXCEPT THE SOUTH 10 ACRES THEREOF;
PARCEL 3
ALL THAT PORTION OF SYDNEY ROAD LYING WITHIN THE NORTHWEST QUARTER, OF
SECTION 1.1, TOWNSHIP 23 NORTH, MANGE 1 EAST, WILLAMETTE MERIDIAN IN
KITSAP COUNTY, WASHINGTON AND THE NORTHEAST QUARTER OF SECTION'lop
TOWNSHIP 23 NORTH, RANGE 1 EAST, WILLAMETTE MERIDIAN IN KITSAP COUNTY,
WASHINGTON;
EXCEPT ANY PORTION THEREOF LYING WITHIN THE CITY LIMITS CIE PORT
ORCHARD, WASHINGTON,
AUDITOSIS NOTE
l nrll1`" ' �O a YCNNA PORTION Of THIS
TI�UMENT WHEN RECEIVED.
EX,HIBLT A,
0rdina;N.ce NQ 021-07
Page 2 of =6
PORT ORCHARD CITY OF
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PARCEL 1 - 102301-1-008-2006
Robert P. Et Kristen A. Wat:t:ers
2735 SE Mile Hill Drive
Port Orchard, Washington 98366
SITUS ADDRESS: 4801 Glenwood Rd, SW, Pt. Orchard, Wa, 98367
PARCEL SIZE: 4.32 Acres
ASSESSED VALUATION: $434,180 (2006)
LEGAL DESCRIPTION:
THAT PORTION OF THE NORTHEAST QUARTER OF THE NORTHEAST
QUARTER, SECTION 10, TOWNSHIP 23 NORTH RANGE 1 EAST, W.M., IN
KITSAF COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT
THE NORTHEAST CORNER OF SAID SECTION 40, THENCE SOUTH 660 FEET (4()
MODS); THENCE WEST 330 FEET (20 RODS); THENCE NORTH 660 FEET (40
RODS); THENCE EAST 330 FEET (20 RODS) TO THE POINT OF BEGINNING;
AND
EXCEPT THAT PORTION FOR GLENWOOD ROAD; AND
EXCEPT THIN PORTION CONVEYED TO KITSAP COUNTY BY INTRUMENT
RECORDED UNDER AUDITOR'S FILE -NO. 9210190167; AND
TOGETHER WITH THE FIGHT -OF -WAY OF SIDNEY ROAD ADJACENT TO THE
WEST BOUNDARY OF THE ABOVE DESCRIBED PROPERTY,
PARCEL 2 - 1 1230142 010-2009
Lester 8t Betty Krueger 0
E 14241 Hwy 106 p'UO, rvA' kN* s to s!t
SelFalr, Washington 9852$ LE � tti�V
SITUS ADDRESS: ��SACISFp�I���N�ttv.�
PARCEL SIZE: 14.56 Acres
ASSESSED VALUATION: $1,350,800 (2006)
LEGAL DESCRIPTION:
EXHIBIT A.
Ordinance NO, 0211,07
Page 3 of 6
PORT ORCHARD CITY OF 200707260007
8Ordinance Rec Fee: $ 49.00
7/26l2007 08:53 AM
Karen Flynn, Kitsap Co Auditor Page: 7 of 10
1 IIIIIII III IIIIII IIII IIIIII 111111111 IIIIIII IIIIII IIII 111111111 IIIIIII III 1111111111 IIIII IIII IIII
THE NORTH HALF OF THE SOUTHWEST QUARTER OF THE NORTHWEST
QUARTER, SECTION 11, TOWNSHIP 23 NORTH, RANGE 01 EAST, W.M., IN
KITSAP COUNTY, WASHINGTON; AND
EXCEPT THE SOUTH 165 FEET, AND
EXCEPT THE RIGHT-;0E-WAY OF SIDNEY ROAD; AND
EXCEPT THAT PORTION CONVEYED TO STATE OF WASHINGTON BY DEED
RECORDED UNDER AUDITOR'S FILE NO. 1 149528; AND
PARCEL 3 a 112301-2-023-2004
Lester 8t Betty Krueger
E 14241 Hwy 106
Betfair, Washington 98528
SITUS ADDRESS:
PARCEL SIZE:
ASSESSED VALUATION,
LEGAL DESCRIPTION:
2.42 Acres
$184, 480 (2006 )
LOT A OF SHORT PLAT 4098, RECORED JULY 24, 1986 UNDER AUDITOR'S
FILE NUMBER $607240132, DESCRIBED AS rOLLOWS:
THE SOUTH 82.5 FEET OF THE NORTH HALF OF THE SOUTHWEST QUARTER
OF THE NORTHWEST QUARTER, SECTION 11, TOWNSHIP 23 NORTH, RANGE
01 EAST, W.M.., IN KITSAP COUNTY, WASHINGTON; AND
EXCEPT THE RIGHT-OF-WAY OF SIDNEY ROAD; AND
EXCEPT THAT PORTION CONVEYED TO THE STATE OF WASHINGTON BY DEED
RECORDED UNDER, AUDITOWs r[LE NO. 1149528; AND
EXCEPT THAT PORTION CONVEYED TO KITSAP COUNTY UNDER AUDITOR'S
FILE NO. 9206020331,
PARCEL 4 - 112301-2-02+2008
Lester Et Betty Krueger
E 14241 Hwy 106
Beifair, Washington 98528
S1TUS ADDRESS:
PARCEL SIZE:
ASSESSED VALUATION:
LEGAL DESCRIPTION:
2.42 Ages
$184,480 (2006)
E X: H I; B I" T A.
Qrd'i_nan:ce N'Q._ 021-07
Page 4 of 6
PORT ORCHARD CITY OF 200707260007
Ordinance Rec Fee: $ 49,00 page: 8 of 10
07/26/2007 08:53 AM
Karen Flynn, Kitsap Co Auditor
1111111III1111t$1II$IIIII1U11EIII11111I111����IIIII1111111III$tU11IIItf0
LOT B OF SHORT PLAT 4098, RECORED JULY 24, 1986 UNDER AUDITOR'S
FILE NUMBER. 8607240132, DESCRIBED AS Ft]I,.1..OWS:
THE NORTH 82.5 FEET OF THE SOUTH 165 FEET OF THE NORTH HALF OF
THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER, SECTION 11,
TOWNSHIP 23 NORTH, RANGE 01 EAST, W,M,, IN KITSAP COUNTY;
WASHINGTON;
EXCEPT ROADS; AMD
EXCEPT THAT PORTION CONVEYED TO KITSAP COUNTY UNDER AUDITOR'S
FILE No. 9206020331
PARCEL, 5 - 112301 �2-011-2008
Ronald G. Rice
369 SW Sedgwick Read
Part Orchard, Washington 98367
SITUS ADDRESS,
PARCEL. SIZE: 4.68 Acres
ASSESSED VALUATION: $365,760 (2006) .
LEGAL DESCRIPTION:
THE NORTH FIVE ACRES OF THE SOUTFI HALF OF THE SOUTHWEST QUARTER
OF THE NORTHWEST QUARTER OF SECTION 11, TOWNSHIP 23 NORTH,
RANGE 01 EAST, W.M., IN KITSAP COUNTY, WASHINGTON;
EXCEPT THE SOUTH 60 FEET OF THE WEST 150 FEET THEREOF; AND
ALSO EXCEPT THAT PORTION CONVEYED TO THE STATE OF WASHINGTON
FOR HIGHWAY PURPOSES'BY DEED RECORDED UNDER AUDITOWS FILE
NUMBER 11535094 AND
EXCEPT THE RIGHT-OF-WAY OF SIDNEY ROAD ABUTTING THE WEST
BOUNDARY OF THE ABOVE DESCRIBED PARCEL,
PARCEL 6 -- 112301-2.01122007
Ronald G. Rica
369 SW Sedgwick Read
Part Orchard, Washington 95367
SITUS ADDRESS: 5367 Sidney Road SW
PARCEL SIZE: ' 0.17 Acres
ASSESSED! VALUATION: $ 51,130 (2006)
LEGAL DESCRIPTION:
AUDITOR'S MOTE
LEGIBILITY FOR RECORDING AND COPYING
ONSATISFACTORY IN A PORTION OF THIS
N aTHUMENT WHEN RECEIVED.
EXHIBIT A
Ordinance No. 021r07
Page 5 of 6
PORT ORCHARD CITY OF 200707260007
ordinance Rec Fee: $ 49,00 Page: 9 of 10
0712612007 08:53 AM
Karen Flynn, Kitsap Co Auditor
II{MIII1111111111111111111111111111111mil it1111I1 lU1111IIIIII1111111I t1111IIt
THE SOUTH 60 FEET OF THE WEST 150 rEET OF THE NORTH FIVE ACRES
OF THE SOUTH HALF OF THE SOUTHWEST QUARTER OF TEAM NORTHWEST
QUARTER OF SECTION 11, TOWNSHIP 23 NORTH, RANGE 01 EAST, W.M., IN
KiTSAP COUNTY WASHINGTON; AND .
EXCEPT THAT PORTION CONVEYED TO THE STATE OF WASHINGTON FOR
HIGHWAY PURPOSES BY REED RECORDED UNDER AUDITOR'S FILE NUMBER
1153509; AND
EXCEPT THE RIGHT-OF-WAY OF SIDNEY ROAR ADJACENT TO THE WEST
BOUNDARYOFTHE ABOVE DESCRIBED PROPERTY,
PARCEL 7 - 112301-2-013-2006
RICHARD A. BROWN
P.O. Box 545
Pert Orchard, Washington 983667
SITUS ADDRESS,
PARCEL SIZE., 4.82 Acres
ASSESSED VALUATION: $433,040 (2006)
LEGAL DESCRIPTION.
THE NORTH 5.0 ACMES OF THE SOUTH 15 ACRES OF THE SOUTHWEST
QUARTER. OF THE NORTHWEST QUARTER OF SECTION 11, TOWNSHIP 23
NORTH, RANGE 01 EAST, W.M., IN KITSAP COUNTY, WASHINGTON;
EXCEPT THAT PORTION CONVEYED TO THE STATE OF WASHINGTON FOR
HIGHWAY PURPOSES BY IaE-ED RECORDED UNDER AUDITOR'S FILE NUMBER
1153387; AND
EXCEPT SIDNEY ROAD N.W. ON THE WEST SIDE THEREOF.
SITUATE IN KITSAP COUNTY, WASHINGTON.
TOTAL ACREAGE IN PARCELS TO BE ANNEXED: 33.39 ACMES
TOTAL ASSESSED VALUATION OF ANNEXATION AREA: $3,003,870.00
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INSIRUN+ENS WHEN RECEIVED
EXHIBIT A.
0rdin:ance N'b 021 07
Page 6 Qf 6
PORT ORCHARD CITY OF 200707260007
7Ordinance Re- Fee: $ 49.00
07/26/I20008 53 AM
Karen Flynn, III1I1I1IIIIIII'III1III�IIII�Illllp Co Auditor Page: 10 of 10
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