CITY OF BURIEN, WASHINGTON
RESOLUTION NO. 292
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURIEN, WASHINGTON, REQUESTING THE KING COUNTY DIRECTOR OF ELECTIONS HOLD A SPECIAL ELECTION IN CONJUNCTION WITH THE PRIMARY ELECTION ON AUGUST 18, 2009 FOR THE PURPOSE OF PLACING ON THE BALLOT A PROPOSITION CONCERNING THE ANNEXATION OF CERTAIN PROPERTY KNOWN AS THE NORTH HIGHLINE SOUTH ANNEXATION AREA.
WHEREAS, the City Council of the City of Burien, Washington, has determined that it would be in the best interest and general welfare of the City of Burien and the North Highline Potential Annexation Area to annex certain property lying in an area north of existing City of Burien corporate boundary, referenced as the North Highline South Annexation Area; and
WHEREAS, the Growth Management Act and the King County Countywide Planning Policies encourage transition of unincorporated urban and urbanizing areas within Potential Annexation Areas from county governance to city governance; and
WHEREAS, the North Highline South Annexation Area is within the City of Burien's Potential Annexation Area adopted pursuant to Burien City Council Ordinance No. 455; and
WHEREAS, on February 2, 2009, the City Council of the City of Burien adopted Resolution No. 288 which directed the City Clerk to file with the King County Boundary Review Board a notice of intent to annex the North Highline South Annexation Area, and
WHEREAS, the Boundary Review Board held a public hearing on the proposed annexation on March 30, 2009, and
WHEREAS, the Boundary Review Board approved the annexation on April 16, 2009, with a modified legal description of the North Highline South Annexation Area boundaries, which boundaries are legally described in Exhibit "A" attached hereto and incorporated by the reference as though fully set forth herein, and
WHEREAS, the City has determined to call for a special election to be held in conjunction with the primary election on August 18, 2009 and to submit the question of annexation as a ballot question as authorized by RCW 35A.14.085,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BURIEN, WASHINGTON, HEREBY RESOLVES AS FOLLOWS:
Section 1. The City Council hereby requests the King County Director of Elections to find an emergency and hold a special election in conjunction with the primary election on August 18, 2009 and to submit to the qualified electors of the North Highline South Annexation Area a proposition authorizing the North Highline South Annexation Area to be annexed to the City.
Section 2. The ballot title shall read as follows:
NORTH HIGHLINE SOUTH ANNEXATION AREA
The Burien City Council passed Resolution No. 288 which would authorize annexation of that area of unincorporated King County known as the North Highline South Annexation Area which annexation was approved by the Boundary Review Board with a modification to the boundaries as legally described in Resolution No. 292. Shall that area of unincorporated King County known as the North Highline South Annexation Area as legally described in City of Burien Resolution No. 292 be annexed to the City of Burien?
|__| For annexation.
|__| Against annexation.
Section 3. A certified copy of this resolution shall be transmitted by the City Clerk to the King County Department of Records and Elections upon passage.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF BURIEN, WASHINGTON, AT A REGULAR MEETING THEREOF THIS 27th DAY OF April, 2009.
CITY OF BURIEN
Joan McGilton, Mayor (signed)
ATTEST/AUTHENTICATED:
Monica Lusk, City Clerk (signed)
Approved as to form:
Christopher Bacha (signed)
Kenyon Disend, PLLC
Interim City Attorney
Filed with the City Clerk: April 1, 2009
Passed by the City Council: April 27, 2009
Resolution No. 292
EXHIBIT A
(Legal Description of North Highline South Annexation Area as modified by the Boundary Review Board in its written decision approving annexation)
BOUNDARIES OF THE PROPOSED NORTH HIGHLINE ANNEXATION AREA
The legal description of the boundaries of the proposed North Highline Annexation Area, located in Section 12, Township 23 North, Range 3 East, W.M. and in Sections 4,5,7,8 and 9, Township 23 North, Range 4 East, W.M. and, all in King County, Washington, more particularly described as follows:
Beginning at the northeast corner of existing City of Burien as established by King County Ordinance 10236, said corner also being the intersection of the west margin of Des Moines Memorial Drive South (Des Moines Way South) with the north margin of South 128th Street said point being also on the city limits of SeaTac as established by King County Ordinance 8820 and situated in the Southwest quarter of Section 9, Township 23 North, Range 4 East, W.M., King County, Washington;
Thence easterly along said north margin of South 128th Street and said city limits of SeaTac to the east margin of Military Road South and an angle point in said north margin of South 128th Street and the city limits of Tukwila as established by City of Tukwila Ordinance 1574;
Thence continuing along said north margin of South 128th Street and said city limits of Tukwila to the intersection with the south line of Section 9, Township 23 North, Range 4 East, W.M.;
Thence east along the south line of said Section 9 to the intersection with a line lying 250 feet (measured perpendicular to) westerly of and parallel with the centerline of Pacific Highway South;
Thence northerly along said parallel line to the south line of the north 34 feet of the North half of the South half of the South half of the Southeast quarter of the Southeast quarter of said Section 9;
Thence continuing northerly along said parallel line which lies 250 feet westerly of and parallel with the centerline of Pacific Highway South a distance of 5 feet more or less to a point located opposite Highway Engineers Station PT 527 + 88.4 on said centerline;
Thence continuing northerly along said line, North 12°21'28" West a distance of 200.30 feet to the south line of the north half of the north half of the south half of the southeast quarter of the southeast quarter of said Section 9;
Thence along said south line, South 88°56'52" West to a point which lies 564.93 feet westerly of the west margin of Pacific Highway South when measured along said line;
Thence North 00°05'43" East to a point on the north line of the south half of the north half of the southeast quarter of the southeast quarter, said point being 453.07 feet westerly from the west margin of Pacific Highway South when measured along said line;
Thence westerly along said north line to a point which lies 609.72 feet east of the west line of the Southeast quarter of the Southeast quarter of said Section 9, said point also being the southwest corner of Lot "A" of City of Tukwila Boundary Line Adjustment No. L98-0033 recorded under Recorder's Number 9810059013, records of King County, Washington;
Thence northerly along the west line of said Lot "A" to a point on the north line of the southeast quarter of the southeast quarter of said Section 9 which is located 614.26 feet east of the northwest corner thereof, said point also being an angle point on the westerly line of said Lot "A";
Thence easterly along said north line to a point located 300 feet westerly of the west margin of Pacific Highway South when measured along said north line, said point also being an angle point in the westerly line of said Lot "A";
Thence northwesterly along the westerly line of Lots "A", "B", "C", and "D" of said City of Tukwila Boundary Line Adjustment to a point on the north line of the northeast quarter of the southeast quarter of Section 9 which is located 100 feet east of the northwest corner thereof, said point also being the northwest corner of said Lot "D";
Thence easterly along said north line to the westerly limited access line of PSH No. 1 (SR-99);
Thence generally northerly along said westerly limited access line to its intersection with the north margin of South 116th Way (South 116th Place);
Thence northwesterly along said north margin of South 116th Way to the new westerly right-of-way line and limited access line for Primary State Highway No.1 (S.R. 99) as approved 7-23-57 and shown on Sheets 1 & 2 of 7;
Thence northerly along said new westerly right-of-way line to the intersection with the south margin of South 108th Street;
Thence departing from said city limits of Tukwila westerly along said south margin of South 108th Street to the intersection with the east line of the Southwest quarter of the Southwest quarter of Section 4, Township 23 North, Range 4 East, W.M.;
Thence north 30 feet along said east line to the southeast corner of the Northwest quarter of the Southwest quarter of said Section 4;
Thence west 30 feet along the south line of the Northwest quarter of the Southwest quarter of said Section 4 to the west margin of 20th Avenue South;
Thence northerly along said west margin of 20th Avenue South to the north line of the south 136 feet of the Northwest quarter of the Southwest quarter of said Section 4;
Thence westerly along the north line of the south 136 feet of the Northwest quarter of the Southwest quarter of said Section 4 to the intersection with the west line of said Section 4;
Thence southerly along the west line of said Section 4 to the north margin of South 112th Street;
Thence westerly along said north margin of South 112th Street to intersection with the north line of said Section 8;
Thence westerly along said north line to the intersection with the east margin of State Route 509;
Thence southerly along said east margin of State Route 509 to the north margin of South 116th Street;
Thence westerly along said north margin of South 116th Street and Southwest 116th Street to the west margin of 10th Avenue Southwest;
Thence northerly along said west margin of 10th Avenue Southwest to the north margin of Southwest 114th Street;
Thence westerly along said north margin of Southwest 114th Street to the east margin of 15th Avenue Southwest;
Thence northerly along said east margin of 15th Avenue Southwest to the south margin of Southwest 112th Street.
Thence westerly along said south margin of Southwest 112th Street to the east margin of Seola Beach Drive Southwest;
Thence southerly along said east margin of Seola Beach Drive Southwest to the intersection with the north line of Government Lot 3, Section 12, Township 23 North, Range 3 East, W.M. said point being the northwest corner of the existing City of Burien;
Thence easterly along said north line and the boundary of said existing City of Burien as established by King County Ordinance 10236 to the west margin of 30th Avenue Southwest;
Thence north 30 feet to the north margin of Southwest 116th Street;
Thence easterly along the north margin of Southwest 116th Street to the intersection with the east margin of 12th Avenue Southwest;
Thence southerly along said east margin of 12th Avenue Southwest to the east margin of Ambaum Boulevard Southwest;
Thence southerly along said east margin of Ambaum Boulevard Southwest to the intersection with the north margin of Southwest 128th Street;
Thence easterly along said north margin of Southwest 128th Street and South 128th Street, also being the Burien City Limits as established by King County Ordinance 10236, to the intersection with the west margin of Des Moines Memorial Drive South (Des Moines Way South) and the Point of Beginning.
King County Ordinance 16514
Proposed No. 2009-0299.1 Sponsors Constantine
AN ORDINANCE establishing August 18, 2009, as the date of a special election on the question of annexation to the city of Burien of an unincorporated area known as the North Highline South annexation area; and declaring an emergency
BE IT ORDAINED BY THE COUNCIL OF KING COUNTY:
SECTION 1. Findings:
A. The city of Burien, Washington, by Resolution No. 292, has determined that it is in the public interest and general welfare to provide for the annexation of an area known as the North Highline South annexation area, in accordance with chapter 35A.14 RCW.
B. City of Burien Resolution No. 292 satisfies the provisions of chapter 35A.14 RCW for qualification for annexation.
C. The city of Burien, by Resolution No. 288, initiated the annexation of the North Highline South annexation area.
D. The King County boundary review board received a request for review under chapter 36.93 RCW, and on April 16, 2009, the boundary review board, in file 2290, deemed the proposed city of Burien North Highline South annexation file approved.
E. Pursuant to chapters 29A.04 and 35A.14 RCW, the metropolitan King County council deems an emergency exists for the purpose of calling a special election to be held on the question of this annexation on August 18, 2009.
SECTION 2. A special election shall be held on the 18th day of August 2009 in accordance with chapter 35A.14 RCW within the territory of the proposed annexation, for the purpose of submitting the question of annexation of the North Highline South annexation area.
SECTION 3. The number of registered voters within the subject area is estimated at six thousand six hundred as nearly as may be determined from available records.
SECTION 4. Pursuant to RCW 29A.04.321 and 35A.14.050, it is hereby deemed that an emergency exists for purposes of calling a special election. The King County elections director is hereby requested to assume jurisdiction to call and conduct a special election and submit to the registered voters within the subject area of the proposition as set forth in section 4 of this ordinance. The clerk of the council is hereby authorized and directed to transmit the proposition to the elections director in substantially the following form, with such additions, deletions or modifications in the ballot title as may be required for the propositions listed below by the King County prosecuting attorney:
PROPOSITION 1: NORTH HIGHLINE SOUTH ANNEXATION AREA
The Burien City Council passed Resolution No. 288 which would authorize annexation of that area of unincorporated King County known as the North Highline South Annexation Area which annexation was approved by the Boundary Review Board with a modification to the boundaries as legally described in Resolution No. 292. Shall that area of unincorporated King County known as the North Highline South Annexation Area as legally described in City of Burien Resolution No. 292 be annexed to the City of Burien?
|__| For annexation.
|__| Against annexation.
SECTION 5. The elections director is hereby authorized and requested to prepare and distribute a local voters’ pamphlet, pursuant to K.C.C. 1.10.010, for the special election called for in this ordinance, the cost of the pamphlet to be included as part of the cost of the special election.
SECTION 6. The boundaries of the territory proposed for annexation are hereby described in city of Burien Resolution No. 292 as contained in Attachment A to this ordinance.
SECTION 7. The council finds as a fact and declares that an emergency exists and that this ordinance is necessary for the immediate preservation of public peace, health or safety or for the support of county government and its existing public institutions.
Ordinance 16514 was introduced on 5/4/2009 and passed by the Metropolitan King County Council on 5/11/2009, by the following vote:
Yes: 9 – Mr. Constantine, Mr. Ferguson, Ms. Hague, Ms. Lambert, Mr. von Reichbauer, Mr. Gossett, Mr. Phillips, Ms. Patterson and Mr. Dunn
No: 0
Excused: 0
KING COUNTY COUNCIL
KING COUNTY, WASHINGTON
Dow Constantine, Chair (signed)
ATTEST:
Anne Noris, Clerk of the Council (signed)
Attachments A. Le Attachments A. Legal Description of North Highline South Annexation Area as modified by the Boundary Review Board in its written decision approving annexation