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HomeMy WebLinkAboutO-2648 - Annexation (Special): , CITY OF MARYSVILLE Marysville,Washington ORDINANCE No.1-Ie/It tt:&rvn~ ~~ /11~5 C. ~',M- AN ORDINANCE OF THE CITY OF MARYSVILLE ANNEXING AND ZONING CERTAIN UNINCORPORATED AREA,KNOWN AS THE SMITH ANNEXATION,INTO THE CITY OF MARYSVILLE. WHEREAS,the City of Marysvillereceived a petition for annexation having been signed or consented to by the owners of the not less than sixty percent (60%)of the assessed value of said property;and WHEREAS,the 60%annexation petition has been reviewed by the Snohomish County Assessor's Office for sufficiency as requited by law, and on July 11, 2005 the Assessor's Office issued a Certificate of Sufficiency; and WHEREAS,a duly-advertised public hearing was held on said petition before the Marysville City Council on September 26, 2005 and said Council passed Resolution No. 2154 stating the City's intention to annex the property upon receipt of a favorable decision or report from the Washington State Boundary Review Board for Snohomish County;and WHEREAS,on November 28, 2005,jurisdiction was invoked by the Snohomish County Council,under Motion 05-532, with the request that the Washington State Boundary Review Board for Snohomish County modify the annexation to include approximately 39.73 additional acres, bringing the total acreage to approximately 87.23 acres, as described in Exhibit A attached hereto; and WHEREAS,after notice duly given as requited by statute as well as hearing notices mailed to the property owners in the proposed modified areas, a public hearing was held on February 21, '2006,before a quorum of the Washington State Boundary Review Board for Snohomish County, whereby a motion was made,seconded,and passed on avote of 4:0 to approve the City of Marysville Smith Annexation as requited to be modified to include fifty-one (51)additional parcels as described in Exhibit A attached hereto;and WHEREAS,on February 22,2006 the Snohomish County Prosecuting Attorney's Office sent a letter to the Washington State Boundary Review Board for Snohomish County requesting to exclude all of 35th Avenue NE from the Smith annexation because the City of Marysville Urban Growth Area (MUGA) does not include all of 35th Avenue NE right-of-way and State Law prohibits annexing a portion of the right-of-way of any public street (RCW 35A.14.410) and code cites are prohibited from annexing territory beyond the urban growth area (RCW 35A.14.005); and WHEREAS,on February 23, 2006, after consideration of the letter submitted by the Snohomish County Prosecuting Attorney's Office, the Washington State Boundary Review Board for Snohomish County failed to adopt written .findings on the Smith Annexation,due to a tie vote, therefore,the recommendation to approve the modified boundary of the City of Marysville Smith Annexation did not pass; and WHEREAS,on March 21, 2006 the City of Marysville requested the Washington State Boundary Review Board for Snohomish County extend the 120-day review period pursuant to RCW 36.93.100 so that the City of Marysvilleand Snohomish County could work on an agreeable solution,regarding that portion of 35'"Avenue NE right-of-way located outside of the MUGA; and WHEREAS,Snohomish County determined that a scrivener's error exists with the parcel specific map of 35'"Avenue NE and that it was Snohomish County Council's intention that the entire right-of-way of 35'"Avenue NE be included within the MUGA and correction of the scrivener's error remedies the two legal concerns previously raised by Snohomish County,as the City of MarysvilleSmith Annexation will take in the entire 35'"Avenue NE right-of-way and be wholly within the MUGA;and WHEREAS,after notice duly given as required by statute as well as hearing notices posted in the proposed modified areas, a second public hearing was held on May 9, 2006,before a quorum of the Washington State Boundary Review Board for Snohomish County,whereby a motion was made,seconded,and passed on a vote of 4:0 to approve the City of Marysville Smith Annexation as requested to be modified to include approximately 39.73 additional acres,bringing the total acreage to approximately 87.23 acres, as described in Exhibit A attached hereto;and WHEREAS,'under File No. 26-2005, the Finding and Decision of the Washington State Boundary Review Board for the City of Marysville Smith Annexation were adopted by a vote of 3:0 on May 16, 2006; and WHEREAS,a notice of appeal was not filed with Snohomish County Superior Court,within 30 days from the date of the decision of the Washington State Boundary Review Board for Snohomish County,therefore,pursuant to RCW 36.93.160(5), this decision became final on June 16, 2006;NOW,THEREFORE, THE CIIT COUNCIL OF THE CIIT OF MARYSVIllE,WASHINGTON DO ORDAIN AS FOllOWS: Section 1.The prqperty described in attached Exhibit A, being situated in the unincorporated area of Snohomish County,State of Washington,and being contiguous,proximate and adjacent to the present corporate limits of the City of Marysville,be and the same is hereby annexed to and incorporated into the City of Marysville. Section 2.The property described in attached Exhibit A shall hereafter be assessed and taxed at the same rate and on the same basis as other property within the City of Marysville, including assessments or taxes in payment of all of the outstanding indebtedness of the City contracted or incurred prior to, or existing on, the effective date of this ordinance. Section 3.The Comprehensive Plan for the City of Marysville designates the properties described in Exhibit A into two (2)separate and distinct land use designations,including Community Business,located north of 88'"Street NE,east of 1-5,west of 36'"Avenue NE and south of the 9000 Block,and Medium Density Single-family (4- 5 d.u.per acre),located north of the 9000 Block, east of 1-5,south of the 9500 Block and west of the current city limits line, and these land use designations shall apply to said properties and the properties shall be and are hereby zoned CB (Community Business) and R-4.5 (medium density single-family). Date of Publication: --------------------------------------------- : The City's official zoning map shalIhe amended to be consistent with said zoning. Section 4.EFFECTIVE DATE.The effective date of this ordinance shall beJuly 1, 2006. Section 5.Severability.If any section,subsection,sentence, clause,phrase or work of this ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality thereof shalI not affect the validity or constitutionality of any other section, subsection,sentence,clause,phrase or word of this ordinance. PASSED by the City Council and APPROVED by the Mayor thisL..r;ct...day of :ITYiL7~ DENNIS KENDALL,MAYOR Ati~~ By:~/~R:CITY CLERK Approved as to form: .n By:~fl.tJ)..Q.9.V GRANT K.WEED,CITY ATTORNEY lJ {p {2--9,(0 fa l, Effective Date:July 1.2006 EXHIBIT A SMITH ANNEXATION CITYOF MARYSVILLE LEGAL DESCRIPTION 5/11/2006 That portion of the Northwest Quarter of Section 21, the Northeast Quarter of Section 20, the Southeast Quarter of Section 17 and the Southwest Quarter of Section 16,allin Township 30 North,Range 5 East, W.M., described as follows: Beginning at the intersection of the west line of the Northwest Quartet of said Section 21 with the south right-of-way line of 88TI1 Street N.E.,said point being the northwest comer of that Annexation,approved on December 16, 1996 under City of Marysville Ordinance No. 2110; thence northerly, along said west line to the southerly extent of 35th Avenue Northeast also being the rumback line as shown on page 5 of 18 of the Washington State Department of Transportation tight of wayplan titled SR 5 Quilceda Creek to Portage Creek approved July 23, 1953; thence westerly and northerly along the south and west margins of 35'h Avenue Northeast to the westerly prolongation of the north line of the South Half of the North Half of the Northwest Quarter of the Southwest Quarter of said Section 16; thence east along said prolongation to the northwestcorner of the South Half of the North Half of the Northwest Quarter of the Southwest Quarter of said Section 16,also being the southwest comer that Annexation,approved on October 12, 1992 under City of Marysville Ordinance No.191O; thence easterly,along the north line of said South Half of the North Half, to the northeast corner of the South Half of the North Half of the Northwest Quarter of the Southwest Quarter of said Section 16; thence southerly, along the east line of said Northwest Quarter of the Southwest Quarter and along said Annexation line, to the south tight-of- wayline of 98th Street N.E.; thence easterly,along saidright-of-way line and along the south line of said Annexation, to the southwest corner of Lot 11,INDIAN CREEK,according to the recorded plat on filein Volume 36 of Plats, page 57, records of Snohomish County,Washington;thence southeasterly and easterly, along the south line of saidLot 11 and along the south line of said Annexation, to the centerline of Quilceda Creek, being the most southeasterly comer of said Annexation; thence southerly, along the centerline of said Quilceda creek and along the westerly line of that Annexation approved on February 22,1982 under City of Marysville Ordinance No. 1223, to the south line of the Northeast Quarter of the Southwest Quarter of said Section 16; thence westerly, along said south line and along said Annexation line, to the southwest corner of said Northeast Quarter of the Southwest Quarter;thence southerly, along the east line of the Southwest Quarter of the Southwest Quarter of said Section 16 to the southeast comer of said Southwest Quarter of the Southwest Quarter;thence easterly,along the south line of the Southeast Quarter of the Southwest Quarter of said Section 16,to the centerline of Quilceda Creek; thence southerly, along said Creek, to the north line of the South 20 feet of the North Half of the Northwest Quarter of the Northwest Quarter of said Section 21; thence westerly, along saidline and along the north line of that Annexation approved on October 27, 1997 under City of Marysville Ordinance No. 2155, to the northerly projection of the west line of the Southeast Quarter of the Northwest Quarter of the Northwest Quarter of said Section 21; thence southerly, along said projection,to the northeast comer of the East Half of the Southwest Quarter of the Northwest Quarter of the SMITH ANNEXATION PAGE 2 5/11/2006 Northwest Quarter of said Section 21;thence westerly, along the north line of said subdivision to the east right-of-way line of 36m Avenue N.E.;thence northerly,northwesterly and westerly, along the northeasterly right-of-way line of said 36m Avenue, to the intersection with the northerly projection of the west right-of-way line of said 36m Avenue;thence southerly, along said west right- of-way line and its northerly projection,being the west line of said Annexation,to the south right- of-way line of said 88m Street N.E.,said point being the southwest comer of said Annexation; thence westerly, along the south right-of-way line of said 88m Street N.E.,also being the north line of said Annexation No.2110, to the point of beginning.