HomeMy WebLinkAboutResolution 95-069-CCAr
BOARD OF COUNTY COMMISSIONERS
Grant County, Washington
IN THE MATTER OF CITY OF SOAP )
LAKE/SANDS ANNEXATION )
RESOLUTION NO. 95- 69 -CC
A resolution of the Board of County Commissioners of Grant County, Washington: finding
that the owners of a parcel to be included within the City of Soap Lake by annexation have
petitioned that an adjustment be undertaken to the boundaries to the City of Soap Lake,
to include all of their property; finding that the City of Soap Lake has adopted a
resolution approving such an adjustment; finding that the Board of Commissioners
approves the adjustment; and providing for other matters properly relating thereto.
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF GRANT
COUNTY, WASHINGTON, as follows:
WHEREAS, Grant County, Washington (the "County"), is a Class 3 county, duly
organized and existing under the Constitution and the laws of the State of Washington;
and
WHEREAS, the City of Soap Lake (the "City") is in the process of considering the
annexation of a parcel of ground on the west boundary of the City and which lies in Grant
County (the "County"); and
WHEREAS, the subject parcel is presently owed by Delbert L. and Virginia Sands;
and
WHEREAS, the subject parcel is part of a larger parcel which was annexed by the
City a number of years ago, and was excluded due to an inadvertent error; and
WHEREAS, the annexation of the subject parcel is necessary so that the corporate
limits of the City will run along the property line of Sands' parcel; and
WHEREAS, RCW 35.13.340 provides that the boundaries of a city shall be adjusted
to include the remaining portion of a parcel of land located partially within and partially
without the boundaries of that city, upon the governing body of that city adopting a
resolution approving such an adjustment and was requested in a petition signed by the
owner of the parcel; and
RES. APPROVING WAIVER OF REVIEW
BY BOUNDARY REVIEW BOARD - 1
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WHEREAS, RCW 35.13.340 further provides that a boundary adjustment is not
subject to potential review by the boundary review board of the county within which the
parcel is located if the remaining portion of the parcel to be included in the city is located
in the unincorporated area of the county and the adjustment is approved by resolution of
the county legislative authority; and
WHEREAS, the remaining portion of the subject parcel is to be included in the City
is located in the unincorporated area of the County; and
WHEREAS, the owners of the subject parcel have filed a signed, written petition
with the City requesting that the subject parcel be annexed to the City; and
WHEREAS, the City has requested that the County approved the subject annexation
by way of a resolution passed and adopted on April 19, 1995.
NOW, THEREFORE, IT IS FOUND, DETERMINED AND ORDERED, as follows:
Section 1: The Board of Commissioners do hereby approve the annexation of the
subject parcel to the City and the adjustment to the City's boudaries without potential
review by the Grant County Boundary Review Board (Boundary Review Board) .
Section 2: All actions heretofore taken in connection with the review of the Sands'
petition and the City's request for approval of same without review by the Boundary
Review Board, by the Board, employees and/or agents of the County that are not
inconsistent with the provisions of this Resolution are hereby ratified, confirmed and
approved.
Section 3: All resolutions or parts thereof in conflict herewith are hereby repealed
to the extent of said conflict. This Resolution shall be in effect from and after its date
of adoption.
ADOPTED by the Board of County Commissioners of Grant County, Washington,
this 6th day of June. 1995.
BOARD OF COUNTY COMMISSIONERS
GRANT COUNTX, WASHINGTON
ttAA
Tim Sne Chair
iJ
Helen Fancher, Member
LeRoy V
Allison, Member
EST:
Peggy Ogg, lerk/flf/�the Board
RES. APPROVING WAIVER OF REVIEW
BY BOUNDARY REVIEW BOARD - 2
CITY OF
TELEPHONE (509) 246-1211
FAx (509) 246-1213
9%41NGTo
Board of County Commissioners
P.O. Box 37
Ephrata, WA 98823
Dear Mrs. Fancher and Gentlemen;
SOAP LAKE
P.O. BOX 1270
SOAP LAKE,AES�H�IIVtJY851
MN 15 1995
GRANT COUNTY, WASHINGTON
Re: City of Soap Lake/ Sands
Annexation.
The City of Soap Lake is in the process of considering the annexation
of a parcel of ground on the west boundary of the City and which lies in
the County. This piece is owned by Mr. and Mrs. Delbert Sands and is,
believe it or not, approximately nine (9) feet wide and is approximately
638 feet in length. It is part of a much larger piece which was annexed
some years ago, but, unfortunately, through an error, was not included
in the area which was annexed. This procedure is necessary so that
the corporate limit line will run along the property line.
For your further edification, I am enclosing a copy of the Petition for
Annexation and a map which has the parcel marked in red.
I call your attention to the provisions of R.C.W. 35.13.340, which
provides in pertinent part:
The boundaries of a city shall be adjusted to include or
exclude the remaining portion of a parcel of land located
partially within and partially without the boundaries of that
city upon the governing body of the city adopting a
Board of Commissioners
Page Two.
resolution approving such an adjustment that was
requested in a petition signed by the owner of the parcel.
The statute then continues, (and this is why I am writing you) :
A boundary adjustment made pursuant to this section
shall not be subject to potential review by the boundary
review board of the county within which the parcel is
located if the remaining portion of the parcel to be included
or excluded from the city is located in the unincorporated
area of the county and the adjustment is approved by
resolution of the county legislative authority or in writing
by a county official or employee of the county who is
designated by ordinance of the county to make such
approvals.
I have no idea whether you have an official or employee who has this
authority, so I am requesting that you approve the annexation, or refer
this request to the proper person.
I hope that the information enclosed and this explanation is sufficient,
but if not, I will meet with you, at your request, to discuss the matter
further.
Thank you for your consideration of this request.
4Ve ours,
E
W. Edward Allan, City Attorney
cc: Mayor Nacke
r
CITY OF SOAP LAKE, WASHINGTON
In the Matter of.
Annexation of Contiguous Area
by Delbert and Virginia Sands.
(Petition Method by Owner.)
PETITION FOR
ANNEXATION
COME NOW Delbert and Virginia Sands and hereby petition the City
Council of the City of Soap as follows:
1. OWNER: Petitioners, Delbert and Virginia Sands, of: 44841
McKenzie Hwy; Leaburg, Oregon, 97489; are the sole owners of the
area which is the subject matter of this petition.
2. LEGAL DESCRIPTION: The description of the area to be annexed is
as follows:
That portion of the Northeast quarter of the Northeast
quarter of Section 25, Township 22 North, Range 26
E.W.M., Grant County, Washington, described as follows:
Beginning at the Northeast corner of said Section 25;
thence South 00° 05' East along the East line of said
Section, 690 feet; thence South 89° 32' 30" West, parallel
to the North line of said Section, 648 feet to the TRUE
POINT OF BEGINNING: thence South 000 05' East, 638.96
feet; more or less, to the South line of said Northeast
quarter of the Northeast quarter of Section 25; thence
South 89° 36' 50" West along said South line, 9 feet,
thence North 00° 05' West 638.53 feet, more or less, to a
point which bears South 89° 32' 30" West from the TRUE
POINT OF BEGINNING; thence North 89° 32' 30" East, 9
feet TO THE TRUE POINT OF BEGINNING. Subject to
easements, restrictions and reservations of record.
Containing .13 Acres, more or less.
COPY
3. REASON FOR REQUEST: The area which is the subject matter of this
Petition is a strip of land approximately nine feet (9') in width and
six hundred -forty feet (640') in length lying on the east side of the
west boundary of the Southeast Quarter of the Northeast Quarter of
the Northeast Quarter all in Section 25, Township 22 North, Range 26
E.W.M., Grant County, Washington. Through a clerical error when the
aforesaid Southeast Quarter was previously annexed to the City of
Soap Lake, the aforesaid strip of land was not included. The
boundary of the City of Soap Lake should be adjusted to include the
aforesaid strip of land so that the said boundry is contiguous with
the west boundry of the aforesaid SE 1/4; NE 1/4; NE 1/4; 25-22-26.
4. ASSUMPTION OF INDEBTEDNESS and COMPREHENSIVE PLAN: The
City Council of the City of Soap Lake has determined at a regularly
scheduled meeting held on April 19, 1995; that the property which is
the subject matter of this Petition, if annexed, shall be required to
assume its pro -rata share of all existing City indebtedness and shall
be subject to and become a part of the City of Soap Lake
Comprehensive Plan previously adopted by the said City. The
minutes of said meeting state as follows:
"Motion/Second Williss/Romary to include Sands property
in city indebtedness. Motion carried unanimously.
Motion/Second Williss/Levey to bring the Sands property
under the existing Comprehensive Plan - R3. Motion
carried unanimously."
5. BOUNDARY REVIEW BOARD: This annexation is not subject to
potential review by the Grant County Boundary Review Board in that,
pursuant to the provisions of RCW 35.13.340, this is a "boundary line
adjustment", and the portion of the parcel to be included is located
in the unincorporated area of the county and if the adjustment is
approved by resolution of the county legislative authority or in
writing by a county official or employee of the county who is
designated by ordinance of the county to make such approvals.
WHEREFORE, Petitioners request that a public hearing be scheduled
and that the Council of the City of Soap Lake adopt an ordinance
annexing the aforesaid property into the corporate limits of the City
upon the terms and conditions previously established by the Council.
DATED this day of April, 1995
Delbert L. Sands
Virginia Sands
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PETITION FOR ANU(ATION
WE, THE UNDERSIGNED PROPERTY OWNERS, HEREBY PETITION THE CITY COUNCIL OF SOAP LAKE,
WASHINGTON, TO CONSIDER ANNEXATION OF PROPERTY AT ADDRESSES FOLLOWING:
NAME ADDRESS
2. �.
3.
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