023-10 - Ordinance - Annexing Property to the CityCity of Port Orchard
City Clerk's Office
216 Prospect Street
Port Orchard, WA 98366
PORT ORCHARD CITY OF 201012090086
Ordinance Rec Fee: $ 67. 00
12/09/2010 12:19 PM Page: 1 of 6
Walter Washington, Kilsap Cc Auditor
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Introduced by: Development Director
Requested by: Development Director
Drafted by: Development Director
Introduced: November 30, 2010
Adopted: November 30, 2010
ORDINANCE NO. 023-10
AN ORDINANCE OF THE CITY OF PORT ORCHARD,
WASHINGTON, ANNEXING CERTAIN REAL PROPERTY
TO THE CITY CONSISTING OF APPROXIMATELY 112.49
ACRES IN THE VICINITY OF GLENWOOD RD SW AND
McCORMICK WOODS DRIVE SW, REQUIRING THE
ANNEXED PROPERTY TO BE ASSESSED AND TAXED AT
THE SAME RATE AND BASIS AS OTHER PROPERTY
WITHIN THE CITY, ESTABLISHING COMPREHENSIVE
PLAN AND ZONING DESIGNATIONS FOR THE
PROPERTY, AND ESTABLISHING AN EFFECTIVE DATE
OF THE ANNEXATION
PROPERTY LOCATION: SITUATED WITHIN SECTION
io AND SECTION 15, TOWNSHIP 23 NORTH, RANGE
1 EAST, W.M., KITSAP COUNTY, WASHINGTON.
ASSESSOR'S ACCOUNT NUMBERS:1o2301-3-oo8-2002,152301-2-
013-2002, 152301-2-012-2003
Ordinance No. 023-10
Paee 2 of 6
WHEREAS, on August 5, 2010, the City received a notice of intent to petition for
annexation for two parcels consisting of approximately 1o9.88 acres located in the vicinity
of Glenwood Road SW and McCormick Woods Drive SW, as legally described and
geographically depicted in Exhibit "A" attached hereto and incorporated by this reference;
and
WHEREAS, the initiating parties are the owners of real property with a value in
excess of ten percent (lo%) of the value of the property for which annexation is petitioned;
and
WHEREAS, a meeting was held on September 14, 201o, between the initiating
party of this annexation and the Council of the City of Port Orchard, at which time the
Council geographically modified the area to be annexed by including a third parcel, Parcel
152301-2-012-2003, accepted the notice of intention to commence annexation proceedings,
and authorized the circulation of an annexation petition for annexation of the real properly,
as modified by the Council and 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 zoning and Comprehensive Plan designations, and the
assumption of city indebtedness by the area to be annexed upon annexation; and
WHEREAS, a petition to annex to the City of Port Orchard was circulated and on
October 21, 20ro and October 25, 2010 was filed with the City, and was certified by the
Kitsap County Assessor as containing the signatures from owners of not less than sixty
percent (6o%) in value, according to the assessed valuation, of the property for which
annexation is petitioned; and
WHEREAS, in December 20o6 Kitsap County added the property legally described
and geographically depicted in Exhibit "A" to the City of Port Orchard UGA and designated
Parcels 102301-3-oo8-2002 and 152301-2-013-2002 Urban Low -Density Residential on
the Comprehensive Plan map and Urban Low Residential (4-9 DU/Ac) on the zoning map;
and designated Parcel 152301-2-012-2003 Public Facilities on the County Comprehensive
Plan map and Urban Low Residential (4-9 DU/Ac) on the County zoning map; and
WHEREAS, RCW 35.13.177 allows the City to prepare Comprehensive Plan and
zoning designations to become effective upon the annexation of any area which might
reasonably be expected to be annexed by the City at any future time; and
WHEREAS, pursuant to RCW 35.13.177 and .178, the City Council adopted
Ordinance No. 042-o8 designating the proposed annexation of parcels 102301-3-008-2002
and 152301-2-013-2002 Residential: Medium Density on the City's Comprehensive Plan
and Residential: 8 units/acre zoning on the City's zoning map; and designating Public and
Community Spaces on the City's Comprehensive Plan and Community Facilities on the
Ordinance No. 023-10
Page � of 6
City's zoning map for Tax Parcel 152301-2-012-2003, to become effective upon annexation;
and
WHEREAS, the Port Orchard Planning Commission held a public meeting on
November 15, 2o10 and adopted Resolution oo6-10 recommending approval of the petition
for annexation, with a Comprehensive Plan designation of Residential: Medium Density
and Residential: 8 units/acre zoning for Tax Parcels 102301-3-008-2002 and 152301-2-
013-2002; a Comprehensive Plan designation of Public and Community Spaces and
Community Facilities zoning for Tax Parcel 152301-2-012-2003, to become effective upon
annexation; and
WHEREAS, pursuant to RCW 35.13.140, a public hearing was held on November
23, 201o, and was duly noticed 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 the property's future comprehensive plan land use designation; 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 and that
it is in the best interest of the City to approve the proposed annexation as presented and
require the assumption of all or any portion of City indebtedness by the area to be annexed;
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 effective date of this annexation.
SECTION ,i. Based on the findings of fact set forth in the above recitals, parcels
102301-3-008-2002 and 152301-2-013-2002 shall have a Comprehensive Plan designation
of Residential: Medium Density and a Zoning designation of "R8'; and parcel 152301-2-
012-2003 shall have a Comprehensive Plan designation of Public and Community Spaces
Ordinance No. 023-10
Page 4 of 6
and an Zoning designation of Community Facilities.
SECTION d. This annexation will become effective thirty (3o) days after the
expiration of the 45-day review by Kitsap County Boundary Review Board, if the Kitsap
County Boundary Review Board's jurisdiction is not invoked. If Boundary Review Board
jurisdiction is invoked pursuant to RCW 36.93.100, then this annexation will become
effective thirty (3o) days after the Boundary Review Board's approval of the proposed
annexation.
SECTION 5. Pursuant to RCW 35-13.270, following adoption of this ordinance, the
Planning Department shall provide notification, by certified mail, that includes a list of
annexed parcel numbers, to the Kitsap County Treasurer and Kitsap County Assessor at
least thirty (3o) days before the effective date of the annexation. The Planning Department
shall also give such notice to the Fire District and Library District, as appropriate,
simultaneously when notice of the proposed annexation is provided to the Kitsap County
Boundary Review Board.
SECTION 6. Following adoption of this ordinance, 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 35.13.26o.
SECTION 7. Following adoption of this annexation ordinance, the City shall file a
Notice of Intent to Annex with the Kitsap County Boundary Review Board pursuant to RCW
36.93.090.
SECTION 8. If any section, sentence, clause or phrase of this ordinance should be
held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or
unconstitutionality shall not affect the validity of constitutionality of any other section,
sentence, clause or phrase of this ordinance.
SECTION 8. 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, APPROVED by the yor
and attested by the Clerk in authentication of such passage thin 30th9'7'010.
Ordinance No. 023-10
Page 5 of 6
APPROVED AS TO FORM: Sponsor by:
Gregory A. Jac b , City orney An Clauson, Councilmember
EXHIBIT Page 6 of 6
Legal Description and Map of Property
McCormick East Annexation
Ordinance 023-10
A portion of the Southwest quarter of Section 10, Township 23 North, Range 1 East, W.M. and a portion of the
Northwest quarter of Section 15, Township 23 North, Range 1 East, W.M., Kitsap County, Washington; more
particularly described as follows:
BEGINNINING at the corner to Sections 9, 10, 15 and 16, Township 23 North, Range 1 East, W.M.;
Thence North along the West line of the Southwest quarter of the Southwest quarter of said Section 10, to the
Northwest corner thereof;
Thence East and leaving said West line, along the North line of said subdivision to the Northeast comer thereof,
Thence South along the East line of said subdivision to the Southeast comer thereof, said point also being the
Northwest corner of the East half of the Northwest quarter of said Section 15;
Thence East along the North line of said East half of the Northwest quarter to the Northeast corner thereof (North
quarter corner of said Section 15);
Thence South along the East line of said subdivision to the northwesterly right of way margin of Glenwood Road
SW;
Thence Southwesterly along said right of way margin to its intersection with the South line of the said East half of
the Northwest quarter;
Thence West and leaving said right of way margin, along said South line to the Southwest corner of said East half of
the Northwest quarter;
Thence North along the West line of said subdivision to the Southeast corner of the North half of the Northwest
quarter of the Northwest quarter of said Section 15;
Thence West along the South line of said subdivision to the Southwest comer thereof;
Thence North along the West line of said subdivision to the POINT OF BEGINNING.
AUDITOR'S NOTE
LEGIBILITY FOR RECORDING AND COPYING
UNSATISFACTORY IN A PORTION OF THIS
INSTRUMENT WHEN RECEIVED.
NOTICE OF CM OF PORT ORCHARD
ORDINANCE
The following is a summary of an Ordinance approved by the Port Orchard City Council at their regular
Council meeting held November 30, 2010.
ORDINANCE NO. 023-10
AN ORDINANCE OF THE CITY OF PORT ORCHARD,
WASHINGTON, ANNEXING CERTAIN REAL PROPERTY
TO THE CITY CONSISTING OF APPROXIMATELY 112.49
ACRES IN THE VICINITY OF GLENWOOD RD SW AND
MCCORMICK WOODS DRIVE SW, REQUIRING THE
ANNEXED PROPERTY TO BE ASSESSED AND TAXED
AT THE SAME RATE AND BASIS AS OTHER PROPERTY
WITHIN THE CITY, ESTABLISHING COMPREHENSIVE
PLAN AND ZONING DESIGNATIONS FOR THE
PROPERTY, AND ESTABLISHING AN EFFECTIVE DATE
OF THE ANNEXATION
Copies of Ordinance No. 023-10 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. 023-10 will be
provided at a nominal charge.
City of Port Orchard
Patti Kirkpatrick
City Clerk
Publish: Port Orchard Independent
December 10, 2010