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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 tf 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 (osz5 gllE: 7059 .. —^---C-RP �iNiTs----------'-W 99'7'7 Of SEISE o Q ROAD-ZD� . W 165' of 7053 liz 3� ��� N315'of � 8 7053 —� 2 it z • 3� 6g O 3 110 _. i- �;: Z 9 9 (914 < _ C) 5 8 > GE:9- TEL. GO- OF -ML W, �NC. 6 7 -7 1,q ROAD /9.8 ---- lo,9zo ; 1I,05O 0 I 713 8 0�� �� °0 u —^---C-RP �iNiTs----------'-W 99'7'7 Of SEISE o Q 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. E 4 �f 7977 /N NEN Z- S A)a3S See o? y J -2- (a Pa L-ce-.l /* No 16i0007