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030-07 - Ordinance - Terry Cousins AnnexationCity of Port Orchard 216 Prospect Street Port Orchard, WA 98366 PORT ORCHARD CITY OF 200710290007 Ordinance Rec Fee: S 50.00 Page: 1 Of 11 1012912007 09:30 RM Karen FIYnn, KitsaP Co Auditor II1111I11II111111il l tulii t iI 1111111111111[III111111$11111I1111III!1111 ORDINANCE NO. 030-07 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 COMPREHENSIVE PLAN AND ZONING DESIGNATIONS FOR THE PROPERTY. THE PROPERTY IS LOCATED IN SE 1/4 OF SECTION 10 TOWNSHIP 23 NORTH, RANGE 1 EAST, W.M., IN KITSAP COUNTY, WASHINGTON ASSESSORS ACCOUNT NUMBER: 102301-4-050-2007 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 23rd day of April, 2007, 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 comprehensive plan and zoning regulations, 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. 030-07 Page 2 of 5 WHEREAS, the City properly filed a Notice of Intention and related documents with the Kitsap County Boundary Review Board, and the proposed action was deemed approved by the Board on September 13, 2007; and WHEREAS, pursuant to RCW 35.13.177 and 35.13,178, the City Council adopted Ordinance No, 029-07, designating the proposed annexation area Commercial on the City of Port Orchard Comprehensive Plan Map and Commercial —Retail and Office on the City of Port Orchard Zoning Map, to become effective upon annexation; and WHEREAS, pursuant to RCW 35.13.140, a public hearing was held on September 24, 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, provided the applicant executes a Release and Indemnification Agreement in the form attached hereto as Exhibit "B." 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. 019-07, all property within the territory annexed is hereby designated Commercial on the City of Port Orchard Comprehensive Plan Map and Commercial --Retail and Office on the City of Port Orchard Zoning Map. ,jectiion 4. Upon receipt of the executed Agreement described in Section 1, above, 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 PORT ORCHARD CITY OF 200710290007 Ordinance Rec Fee: $ 50.00 10/29/2007 09:30 Aid Page, 2 of 11 Karen Flynn, Kits.P Co Auditor 1 1111111i11111111111111111 I1111 llll1111111111111 IN 111lily 111111111111111111 Ordinance No. 030-07 Page 3 of 5 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 S. 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. $ection 6. Effective Date of Annexation. This Ordinance shall be in full force and effect upon receipt of the executed Agreement referenced in Section 1, above, and 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 day of September, 2007. Lr0r�016 ` !l Michelle Merlino, City Clerk APPROVED AS TO FORM: City Attorn Kim Abel, MAYOR Sponsored b Rita Di l e n n• Councilmember pOFtT ORCHARD page: OF 2007IO2SO00`i 60.�p Page: 3 of 11 0a 29l2130iRec 39130 eRM Karen Flynn,%ZP Co Auditor 4 �tl ll III 1411 I ll III I��II `�!I lI111�11i114111�1 I1�1 I1111 �I{ii�l 1{� 1111 It�� t Exhibit A 102301-4-050-2007 Ordinance No. 030-07 Page 4 of 5 THAT PORTION OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 10, TOWNSHIP 23 NORTH, RANGE 1 EAST, W.M., KITSAP COUNTY, WASHINGTON; EYING NORTHWEST OF THE SOUTHERLY RIGHT OF WAY MARGIN OF SEDGWICK ROAD; EXCEPT THE NORTH 375 FEET THEREOF. PORT ORCHARD CITY OF 200710290007 Ordinance Rec Fee: $ 50.00 page 4 of 11 10129I20@7 Q9 30 RM Karen Flynn Kitsap Co Auditor i liilil III illill ilil 1111 Iliil llil ililll1 liilil It ilil Bill ililili lil illl liil Ordinance No. 030-07 Page 5of5 02 01-4-0 0-2007 Copyright 0 Kits-ap County 2007 PORT ORCHARD CITY OF 200710290007 Ordinance Rec Fee: $ 50,00 10/29/2007 09:30 AM Page: 5 of 11 Karen Flynn, Kitsap Co Auditor 11111111 111 1111111111111111111111111111111f 111111111 1111111111111 I11111111 CITY OF PORT ORCHARD RELEASE AND INDEMNIFICATION AGREEMENT This Release and Indemnification Agreement is dated for reference purposes October 1, 2007 and is entered into by and between the City of Port Orchard, a municipal corporation (the City) and Harvey and Terry Cousins, husband and wife, (the Petitioner). Recitals WHEREAS, Petitioner is the owner of real property in Kitsap County, as legally described on Exhibit A, attached hereto and incorporated by this reference (the subject property); and WHEREAS, Petitioner submitted a notice of intent to petition for annexation, which notice was accepted by the City Council on April 23, 2007; and WHEREAS, Petitioner submitted a formal petition for annexation in May 2007, which was reviewed and approved by Kitsap County and the Boundary Review Board in accordance with the requirements of Chapter 35.13 RCW; and WHEREAS, prior to the City Council's adoption of an ordinance approving the annexation, the Central Puget Sound Growth Management Hearings Board issued a written decision on September 13, 2007 in a proceeding known as Suquamish 11, which decision invalidated Kitsap County's expanded urban growth areas (UGA) on the grounds that there was no provision in the County's Capital Facilities Element for public facilities and services being adequate and available to support the planned for development; and WHEREAS, the subject property lies within one of the UGAs invalidated by the Suquamish 11 decision and, pursuant to RCW 35.13.005, cities may only annex areas that lie within an urban growth area; and WHEREAS, Petitioner contends that its right to annex is vested because the annexation proceeding was initiated prior to the Suquamish II decision; and WHEREAS, although the case law regarding the application of vesting rights to annexation proceedings is uncertain, water facilities and sanitary sewer facilities are available and adequate to meet existing needs within the unexpanded Port Orchard UGA, and planning is underway to ensure these urban services will be available to the subject property at the time the development is ready for occupancy and use ; and WHEREAS, for the above -stated reasons, the City Council has approved the ordinance allowing the annexation of the subject property subject to the Petitioner executing this Agreement. ..: " PORT ORCHARD CITY OF 200710290007 Ordinance Rec Fee $ 50.00 iof2912007 09 3© AM Page: 6 of 11 Agreement - 1 of 3 1 1111111 ��1 111111 1111���1111N1111111 111111 IN 111111 NOW, THEREFORE, in consideration of the mutual representations, covenants and agreements contained herein, the parties agree as follows: Agreement 1. Petitioner, and the heirs, executors, administrators, successors and assigns of Petitioner, agree to indemnify, defend, and hold harmless the City, its elected and appointed officials, agents, attorneys, and employees, from and against any and all claims, liabilities, losses, judgments, awards, causes of actions, demands, damages, expenses (including attorney fees), and compensation brought by third parties and which arise out of or relate in any way to the City's decision to approve the annexation of the subject property. 2. Petitioner, and the heirs, executors, administrators, successor, and assigns of Petitioner, release and forever discharge the City from and against any and all claims, liabilities, losses, judgments, awards, causes of actions, demands, damages, expenses (including attorney fees), and compensation that Petitioner and the heirs, executors, administrators, successor, and assigns of Petitioner, have now or may acquire in the future arising from or relating in any way to the City's decision to approve the annexation of the subject property. This release shall survive the termination of this Agreement. 3. In the event the City is named in any lawsuit arising from or relating to the decision to annex the subject property, the City shall be entitled to select its own attorney and all costs of the City's defense, including attorney fees, shall be paid by Petitioner. 4. Petitioner acknowledges that this release and obligation to indemnify and hold harmless is given willingly, that it is based on Petitioner's independent judgment, that Petitioner has read this Agreement and fully understands it, and that Petitioner has been provided with an opportunity to consult with independent legal counsel prior to executing this Agreement. 5. The City's failure to exercise or delay in exercising any right or remedy hereunder, at law or in equity, shall not operate as a waiver thereof; nor shall the City be estopped to exercise any such right or remedy at any future time because of any such failure or delay. 6. Petitioner may not assign its interests or obligations under this Agreement without the prior written approval of the City, which approval shall not be unreasonably withheld. 7. Petitioner warrants and represents that Petitioner is the owner of the subject property. Agreement - 2 of 3 PORT ORCHPRD CITY OF 200710290007 Ordnance Rec Fee: $ 5O.00 1O129l2OO7 09 30 AM Page: 7 of 11 Karen Flynn, Kitsap Co Auditor 1 1111111 111 11i11111111111111111 I11111111111 IN 1111 il$11111111111111 8. Petitioner's obligations set forth in paragraph 1 above shall extend to all claims, demands, or causes of action that are filed on or before October 30, 2008, after which this Agreement shall expire by its own terms. 9. A fully executed copy of this Agreement shall be recorded with the Kitsap County Auditor, 10, This Agreement sets forth the entire agreement of the parties with respect to the subject matter hereof and it may be amended or modified only by an instrument in writing which by its express terms refers to this Agreement and which is duly executed by the party bound thereby. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed as of the day and year first written above. CITY OF PORT ORCHARD PETITIONER By: Kim Abel, Mayor ATTEST: Michelle Merlino, City Clerk FA 0...• ► • •ii/ Assistant City Attorney Agreement - 3 of 3 By: Harvey Cousins By: Terry Cousins FORT ORCHARD CITY OF 200710290007 Ordinance Ren fee; s 60.00 10/29/2007 09:30 PK Page, 8 of it Karen Flynn, Kitsap Ca Auditor 111111111111111111111111111i1111111111141111111111111lull 11l1111 �[ 1I111111 CITY OF PORT ORCHARD RELEASE AND INDEMNIFICATION AGREEMENT This Release and Indemnification Agreement is dated for reference purposes October 1, 2007 and is entered into by and between the City of Part Orchard, a municipal corporation (the City) and Harvey and Terry Cousins, husband and wife, (the Petitioner). Recitals WHEREAS, Petitioner is the owner of real property in Kitsap County, as legally described on Exhibit A, attached hereto and incorporated by this reference (the subject property); and WHEREAS, Petitioner submitted a notice of intent to petition for annexation, which notice was accepted by the City Council on April 23, 2007; and WHEREAS, Petitioner submitted a formal petition for annexation in May 2007, which was reviewed and approved by Kitsap County and the Boundary Review Board in accordance with the requirements of Chapter 35.13 RCW; and WHEREAS, prior to the City Council's adoption of an ordinance approving the annexation, the Central Puget Sound Growth Management Hearings Board issued a written decision on September 13, 2007 in a proceeding known as Suquamish 11, which decision invalidated Kitsap County's expanded urban growth areas (UGA) on the grounds that there was no provision in the County's Capital Facilities Element for public facilities and services being adequate and available to support the planned for development; and WHEREAS, the subject property lies within one of the UGAs invalidated by the Suquamish 11 decision and, pursuant to RCW 35.13.005, cities may only annex areas that lie within an urban growth area; and WHEREAS, Petitioner contends that its right to annex is vested because the annexation proceeding was initiated prior to the Suquamish 11 decision; and WHEREAS, although the case law regarding the application of vesting rights to annexation proceedings is uncertain, water facilities and sanitary sewer facilities are available and adequate to meet existing needs within the unexpanded Port Orchard UGA, and planning is underway to ensure these urban services will be available to the subject property at the time the development is ready for occupancy and use ; and WHEREAS, for the above -stated reasons, the City Council has approved the ordinance allowing the annexation of the subject property subject to the Petitioner executing this Agreement. PORT ORCHARD CITY OF 200710290007 Agreement - 1 of 3 Ordinance Rec Fee: $ 50.00 Page: g of 11 1012912007 09:30 AM Karen Flynn, Kitsap Cc Auditor 11111111Ill111111I1111111111111111111111111111111111111111I1111111111111111IN NOW, THEREFORE, in consideration of the mutual representations, covenants and agreements contained herein, the parties agree as follows: Agreement 1. Petitioner, and the heirs, executors, administrators, successors and assigns of Petitioner, agree to indemnify, defend, and hold harmless the City, its elected and appointed officials, agents, attorneys, and employees, from and against any and all claims, liabilities, losses, judgments, awards, causes of actions, demands, damages, expenses (including attorney fees), and compensation brought by third parties and which arise out of or relate in any way to the City's decision to approve the annexation of the subject property. 2. Petitioner, and the heirs, executors, administrators, successor, and assigns of Petitioner, release and forever discharge the City from and against any and all claims, liabilities, losses, judgments, awards, causes of actions, demands, damages, expenses (including attorney fees), and compensation that Petitioner and the heirs, executors, administrators, successor, and assigns of Petitioner, have now or may acquire in the future arising from or relating in any way to the City's decision to approve the annexation of the subject property. This release shall survive the termination of this Agreement. 3. In the event the City is named in any lawsuit arising from or relating to the decision to annex the subject property, the City shall be entitled to select its own attorney and all costs of the City's defense, including attorney fees, shall be paid by Petitioner. 4. Petitioner acknowledges that this release and obligation to indemnify and hold harmless is given willingly, that it is based on Petitioner's independent judgment, that Petitioner has read this Agreement and fully understands it, and that Petitioner has been provided with an opportunity to consult with independent legal counsel prior to executing this Agreement. 5. The City's failure to exercise or delay in exercising any right or remedy hereunder, at law or in equity, shall not operate as a waiver thereof; nor shall the City be estopped to exercise any such right or remedy at any future time because of any such failure or delay. 6. Petitioner may not assign its interests or obligations under this Agreement without the prior written approval of the City, which approval shall not be unreasonably withheld. 7. Petitioner warrants and represents that Petitioner is the owner of the subject property. Agreement - 2 of 3 2001,ns000i AORT ORCHARD CITY of page: 10 or 11 ordinan e Rec rse; $ 50.00 17129f2OR7 09 30 RPl Kapen 51Ynn, Kit sap Go Auditor 14111111!ll144 VI11441vl11411111v1 tllllllli11114llllllllIlllllllllllIll1141l11 8. Petitioner's obligations set forth in paragraph 1 above shall extend to all claims, demands, or causes of action that are fled on or before October 30, 2008, after which this Agreement shall expire by its own terms. 9. A fully executed copy of this Agreement shall be recorded with the Kitsap County Auditor. 10. This Agreement sets forth the entire agreement of the parties with respect to the subject matter hereof and it may be amended or modified only by an instrument in writing which by its express terms refers to this Agreement and which is duly executed by the party bound thereby. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed as of the day and year first written above. CITY OF PORT ORCHARD i�� � - -o,� By: Kim Abel, Mayor ATTEST: Michelle Merlino, City Clerk APPROVED AS TO FORM: Assistant C A Lorne PETITIONER - By: Harve Ca ins Lit By: Terry `� s ns Agreement - 3 of 3 200710290007 odlna oe Rec FeeC$ 5 00 page: 11 of 10129f2C07 09 30 RED Karen Flynn, Kftsap cc AU61 for 1111111111! 11111i gl i 111I JIg1 I11111111111I111 llt 1111111 f11111111111 U1 11 NOTICE OF CITY OF PORT ORCHARD ORDINANCE The following is a summary of Ordinances approved by the Port Orchard City Council at their regular Council meeting held September 24, 2007. ORDINANCE NO. 030-07 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 COMPREHENSIVE PLAN AND ZONING DESIGNATIONS FOR THE PROPERTY. THE PROPERTY IS LOCATED IN SE '/a OF SECTION 10 TOWNSHIP 23 NORTH, RANGE 1 EAST, W.M., IN KITSAP COUNTY, WASHINGTON Copies of Ordinance No. 030-07 are available for review at the office of the City Clerk of the City of Port Orchard. Upon written request a statement of the full text of the Ordinance will be mailed to any interested person without charge. Thirty days after publication, copies of Ordinance No. 030-07 will be provided at a nominal charge. Po.Orchard t ftt"Patti Kir Deputy City Clerk Publish: Port Orchard Independent September 29, 2007