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021-07 - Ordinance - Annexing Property to the CityPORr K%2 �az H�P�t rr I//l/lIlIII/II!!II/l/ll!/ �3 A$ 4� F Ki t s r z00701 %I/%!/%I%!l1!tor 260007 City of Port Orchard !I!I!lIII/I!I//III//IIIIIII!/ age , of 216 Prospect Street IIIII/!!I '� 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 11111111111141141111111111111111 III IIN 111111111111 I11 III11 EAIt���� It 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 1111111111111111111111111111111111111111111111111IN 1111111111111111III III111811II111I111I111 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 $$0?0"t26000? 10 PART CITY Of Page' A of C�tC"A F: 49.00 m7d 26 ! ReO 00 63e PM 111111111111111111111111111111111111111111111 F1Ynn, Kltsa 00 Karen lillllilllilllllltor 111111111111111111111111111111111 16 'Al 0 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 ordinance R200707260007 Karen rlynn kit till�ec8: I5f 3FeeII q+rMrr$rI G9. m0 l�lI�l1�'P C It�tt�i0 Auditor page: 11111111111111111111111111,111,W111111111111111Jill Jill 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 xucw os OTC G1RIL4t`l I aR RECOt�OaRtO 1 IE kiP1SAi1SFAGTOR� iN 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 ��,IfIIIIIIIin, ImIII, toIlt,IIIIIIIIINIIIIIIIIIIIIIII