034-07 - Ordinance - Annexing Real Property - Phelps AnnexationCity of Port Orchard
216 Prospect Street
Port Orchard, WA 98366
PORT ORCHARD CITY OF
200711140133
Ordinance Rec Fee $ 44,00
11/14i2007 10-45 RM
ORDINANCE NO. 034-07
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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 35 TOWNSHIP 24 NORTH, RANGE 1 EAST,
W.M., IN KITSAP COUNTY, WASHINGTON
ASSESSORS ACCOUNT NUMBER: 4625-000-001-0105
PLUS ADJOINING STRIP CONVEYED TO CITY OF PORT ORCHARD UNDER
AUDITOR'S NO. 9408160181
WHEREAS, The City Council was notified in writing by the owner of over 75% 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 25th day of June, 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, 034-07
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. 033-07, 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 October 8,
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 Z, 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
properly 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. 033-07, Parcel No. 4625-000-001-0105 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.
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
PORT ORCHARD CITY OF 200711140133
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Karen Flynn; Kitsap Co Auditor Page 2 of 5
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Ordinance No. 034-07
Page 3of5
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 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.
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 8th day of October 2007.
Kim Abel, MAYOR
ATTEST:
Michelle Merlino, City Clerk
APPROVED AS TO FORM: Sponsored by:
ke
yy� City Attor e R Geiger, Counmber
PORT ORCHARD CITY OF 200711140133
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Karen Flynn Kitsap Cc Auditor
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Ordinance No. 034-07
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Exhibit A
THAT PORTION OF LOT D OF SHORT PLAT NO. 1736 RECORDED UNDER AUDITOR'S FILE
NO, 7904110105, BEING DESCRIBED AS FOLLOWS, THE SOUTH HALF OF LOT 1, PORT
ORCHARD VILLA TRACTS, ACCORDING TO PLAT RECORDED IN VOLUME 4 OF PLATS, PAGE
100, IN KITSAP COUNTY, WASHINGTON; EXCEPT THE WEST 360 FEET; EXCEPT THE EAST
30 FEET FOR ROAD; AND EXCEPT THAT PORTION LYING WEST OF AN EXISTING CREEK,
PORT ORCHARD CITY OF 200711140133
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Ordinance No. 034-07
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PORT ORCHARD CITY OF 200711140133
Ordinance Rec Fee: $ 44.00
11I1412007 10:45 Aft Page: 5 of 5
Karen Flynn, Kitsap Cc Auditor
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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 October 8, 2007.
ORDINANCE NO. 034-07
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 35 TOWNSHIP 24 NORTH, RANGE I EAST,
W.M., IN KITSAP COUNTY, WASHINGTON
Copies of Ordinance No. 034-07 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. 034-07 will be
provided at a nominal charge.
C' of Po Orchard
irk atri� Patti K
Deputy City Clerk
Publish: Port Orchard Independent
October 13, 2007