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November 3, 2009 General election
Proposition No. 1
The King County Council adopted Ordinance No. 16616 concerning this proposal to incorporate the area known as Fairwood. If the voters approve this proposal, the area of unincorporated King County as legally described in Ordinance No. 16616, shall become incorporated as a non-charter code city with a council-manager form of government.
Should this proposed incorporation be approved?
FOR INCORPORATION
AGAINST INCORPORATION
If approved by a simple majority, this measure would create the City of Fairwood, which would be incorporated as a non-charter code city operating under Title 35A of the Revised Code of Washington with a council-manager form of government. The new city would have an initial population of approximately 26,000 and boundaries as described in King County Ordinance No. 16616. If the incorporation is approved, separate elections will be held to nominate and elect persons to fill the various city elective offices prescribed by law.
We encourage you to join your many neighbors who strongly support the incorporation of the new City of Fairwood by voting YES on Proposition 1.
The Fairwood community of 26,000 citizens is now faced with two most likely options for its future: incorporate as a new city or be annexed into the City of Renton. A pending annexation could absorb the Fairwood commercial area into Renton, should this vote fail. What option is best for our community? We advocate for the City of Fairwood. An incorporation study conducted by independent professional consultants concluded that a City of Fairwood is financially feasible with existing tax levels and would support a higher level of police services, among other improvements. The study found an annual surplus of $3.4 million in 2010, which could support additional services. These findings were confirmed by the overwhelming vote of support by the Washington State Boundary Review Board for King County (BRB). The BRB had these things to say about the Fairwood incorporation:
• “The proposed City of Fairwood would unite a greater community which shares mutual social interests and economic interests.”
• “Provisions for local planning and controls within the City of Fairwood could be expected to result in positive effects to the surrounding built community and the natural environment.”
• “If the new City is formed, its citizens would be provided with a full array of essential public services, facilities and infrastructure either directly by the city or by service contract.”
A City of Fairwood would be a contract city similar to neighboring Maple Valley and Covington, which are residential cities with modest commercial bases. All things considered, there are many reasons to support the incorporation of Fairwood:
• Local Control: Decisions on our community would be made by local Fairwood citizens. Elected officials of the City of Fairwood would determine service levels based on citizens’ priorities.
• Taxes: Our tax dollars would stay in our community to benefit our neighborhoods. If Fairwood is annexed into Renton, our tax surplus will go towards paying their $7 million deficit.
• Library: The Fairwood Library would continue to be part of the King County Library District.
• Public Safety: There would be sufficient revenue to at least double the police services currently provided by contracting with the King County Sheriff.
• Fire & Aid: Our fire protection and life services would continue to be managed by local fire districts (FD40 & FD37) with the aid car staying at the Fairwood Station (If Fairwood is annexed into Renton, their officials have stated this aid car would be moved to the Benson Station, which adds crucial minutes to emergency response times).
• Roads & Storm Drainage: Road and stormwater maintenance would also be contracted with King County, at service levels determined by the City Council.
We invite you to learn the facts of incorporation by visiting our website at www.VoteFairwood.org . We strongly encourage you to support the local control of our community and vote YES on Proposition 1.
Creation of a new city would be financially disastrous. Without a strong mix of residential and commercial development, Fairwood will be unable to pay for services that neighboring cities provide their residents. We voted NO in 2006 because we knew incorporation was not economically viable. It’s the wrong choice today.
It’s the wrong time to create a new city from scratch, with the economy struggling both regionally and nationally. It’s a mistake we would always regret.
The incorporation study provides the wrong reasons to incorporate.
• Overestimated Revenue
Proponents’ assumptions are based on 2007 numbers – a far different economic climate – and rely largely on the real estate market. To meet its budget 174-190 new homes must be built and sold per year (a Woodside development every 2 ½ years!) and 897-1015 existing homes must be resold. Reality looks very different. Only 1/10th the number of new construction and sales and 1/3rd the number of resales occurred over the past 5 years. We know our area is nearly fully developed now! Large lots could be divided and big developments built in every rural area, permanently altering our neighborhoods.
Proponents’ calculations simply don’t add up. They are inaccurate and filled with questionable assumptions. Revenues will not be as high as anticipated, meaning taxes will be increased or services cut to make up the shortfall.
• Underestimated Costs
Proponents assume costs won’t increase with inflation – an assumption contrary to the experience of every other local government. Start up costs (estimated at $750,000 in 2006) must be borrowed. Currently no “start up” funds from cash strapped Washington State or King County governments are available. Predictions show expenses per resident at 60% to 74% below what similar sized nearby cities currently spend. Actual General Fund operating expenses are often THREE TIMES what was projected in other incorporation studies.
NO funding is proposed for Parks and Recreation. A city that does not invest in quality of life activities is completely unrealistic. King County is closing parks. NO funding is allocated for Human Services, an investment in the safety and welfare of any community. Maple Valley spent $200,799 for human services and $1,325,812 for parks and recreation in 2008. Fairwood projection: $0.
• Local Control Myth
The Washington State Growth Management Act limits the ability of cities to truly exercise local control, requiring cities to accommodate growth in multi-family housing, low-income housing, senior housing, economic development, and job creation. Land use decisions are also subject to outside regulations.
Proponents plan to contract with other governments for fire and police protection, street maintenance, utilities, and other services. By contracting for services, Fairwood doesn’t have local control over costs, hiring or firing. We will pay what somebody else charges to get “improved” services from the same provider - King County. That’s NOT local control!
Vote NO. It was a BAD idea in 2006; it’s a WORSE idea now. Let’s not increase taxes, decrease services, and alter Fairwood’s character forever. Vote AGAINST incorporation. www.govoteno.org
Feasibility was studied by impartial financial experts in a public process over many months and the results were endorsed by the independent Boundary Review Board at a public hearing. Opponents use unsupportable claims and fear tactics to make misleading arguments. Their numbers are self-serving distortions. The experts constantly dismissed such wild claims and stated that Fairwood would be a viable, financially sound city, whether the scenario for growth was normal, high, low or no growth.
STATEMENT PREPARED BY: Joe Giberson, Jill Johnson, Paula Henderson
A “NO” vote does NOT annex us into Renton. That requires a different separate vote. This vote is solely to decide to start a new city from scratch – a hugely expensive endeavor. The potential means higher taxes with lower services because expected revenue is from massive questionable growth. Expenses are grossly underestimated with no consideration of emergencies. Don’t make a mistake we’re stuck with forever. Vote AGAINST incorporation.
STATEMENT PREPARED BY: Marcia Holland, Doug Gibbs, Linda Petersen
Ordinance 16616
Proposed No. 2009-0416.1 Sponsors Dunn
AN ORDINANCE establishing November 3, 2009, as the date for an election to determine whether an area known as Fairwood shall be incorporated as a non-charter code city; and appointing a committee to write a voters’ pamphlet statement for the election.
PREAMBLE:
In accordance with chapter 35A.03 RCW and other applicable law, a petition for incorporation as a non-charter code city, signed by qualified voters who reside within the limits of the proposed city and at least equal in number to ten percent of the votes cast in the proposed area at the last preceding general state election was presented to the records, elections and licensing services division.
The petition for incorporation states that the form of government under which the proposed city will operate in the event it is incorporated shall be council/manager, sets forth the proposed boundaries of the proposed incorporation, states that the name shall be the city of Fairwood and that the number of inhabitants therein as nearly as may be estimated, is twenty-six thousand and prays that it may be incorporated.
On November 21, 2007, the director of records, elections and licensing services determined that there were a sufficient number of valid signatures on the petition.
In accordance with chapters 35.02 and 36.93 RCW, the King County boundary review board (“BRB”) conducted public hearings to consider the petition for incorporation. In accordance with RCW 36.93.160, on June 18, 2009, the BRB filed its written decision regarding the proposed incorporation. The BRB recommended in favor of the incorporation. No appeal has been filed.
The petitioners have requested that the proposed incorporation be placed on the ballot. RCW 35.02.078 requires that the question of incorporation be placed on the ballot at the next special election date that occurs sixty or more days after the final BRB action, that is, the November 3, 2009, special election.
BE IT ORDAINED BY THE COUNCIL OF KING COUNTY:
SECTION 1. The King County boundary review board (“BRB”) has acted on the matter of an election for incorporation of the city of Fairwood through its decision dated June 19, 2009.
SECTION 2. The name of the proposed city shall be the city of Fairwood.
SECTION 3. The official population of the proposed city of Fairwood, if incorporated with the BRB approved boundaries, will be approximately twenty-six thousand people.
SECTION 4. An election shall be held on November 3, 2009, within the area of the proposed city of Fairwood, as described in this ordinance, for the purpose of submitting to the qualified electors the question of whether it shall be incorporated as a non-charter code city, under the council/manager plan of government proposed in the petition.
SECTION 5. The ballot title for the incorporation shall be drafted by the prosecuting attorney.
SECTION 6. The boundaries of the territory proposed for incorporation are set forth in Attachment A to this ordinance.
SECTION 7. The election shall be conducted pursuant to Title 29A RCW and chapter 35.02 RCW.
SECTION 8. Notice of the election shall be published as required by law.
SECTION 9. RCW 29A.32.280 provides that for each measure from a jurisdiction that is included in a local voters’ pamphlet, the legislative authority of that jurisdiction shall formally appoint a committee to prepare arguments advocating voter approval of the measure and a committee to prepare arguments advocating voter rejection of the measure.
SECTION 10. In accordance with RCW 29A.32.280, the following individuals are appointed to serve on the voters’ pamphlet committees, each committee to write a statement for or against the proposed annexation ballot measure:
FOR AGAINST
1. Jill Johnson 1. Marcia Holland
2. Joe Giberson 2. Doug Gibbs
3. Paula Henderson 3. Linda D. Petersen
Ordinance 16616 was introduced on 7/13/2009 and passed by the Metropolitan King County Council on 7/27/2009, by the following vote:
Yes: 7 - Mr. Constantine, Mr. Ferguson, Ms. Hague, Mr. von Reichbauer, Mr. Gossett, Mr. Phillips and Mr. Dunn
No: 0
Excused: 2 - Ms. Lambert and Ms. Patterson
Attachments A. Legal Description of the Boundaries of the Proposed City of Fairwood
Revised Legal Description BRB File #2258 October 14, 2008
Attachment B: Legal Description of the boundaries of the proposed City of Fairwood
LEGAL DESCRIPTION FOR PROPOSED CITY OF FAIRWOOD
Revised 8/10/2008
An area encompassing all or parts of Sections 21 through 23, and 25 through 28 and 33 through 36, Township 23 North, Range 5 East, Willamette Meridian and Sections 1, 3, and 4, Township 22 North, Range 5 East, Willamette Meridian in King County, Washington described as follows:
• Commencing at the point of intersection of the Thread of the Cedar River and the west line of the northwest quarter of the southwest quarter of said Section 22;
• Thence in southeasterly and northeasterly directions along the course of said Thread of the Cedar River to an intersection with the thread of Molasses Creek;
• Thence in a southeasterly direction along said Thread of Molasses Creek to an intersection with the boundary of a parcel of land deeded to King County by Recording Number 9810304345;
• Thence N 23°58'46" W, along said boundary, a distance of 54.29 feet, per said deed;
• Thence N 33°26'37" E, along said boundary, a distance of 69.86 feet, per Boundary Line Adjustment No. L01L0026, Recording No. 20010730900003, Records of King County, to an intersection with the south line of Lot "L" of said King County Lot Line Adjustment L01L0026;
• Thence S 68°35'41" E, along said south line, a distance of 18.29 feet;
• Thence N 76°45'23" E, along said south line, a distance of 17.35 feet;
• Thence N 72°54'52" E, along said south line, a distance of 98.96 feet to an intersection with the boundary line of Lot "J" of said lot line adjustment;
• Thence N 83°19'42" E, along said boundary, a distance of 38.87 feet;
• Thence N 78°32'03" E, along said boundary, a distance of 21.06 feet;
• Thence N 73°36'54" E, along said boundary, a distance of 37.74 feet;
• Thence N 78°29'12" E, along said boundary, a distance of 36.02 feet;
• Thence N 72°58'25" E, along said boundary, a distance of 52.65 feet;
• Thence S 01°17'33" W, along said boundary, a distance of 598.94 feet;
• Thence S 32°49'04" E, along said boundary, a distance of 956.24 feet;
• Thence S 89°08'18" E, along said boundary, a distance of 476.75 feet, to the southwest corner of Lot 31, in the Plat of Maple Ridge Estates, recorded in Volume 134 of Plats, on Page 9, records of King County, Washington;
• Thence easterly, along the south line of said plat, to the west line of the plat of Maple Ridge Estates Division No. 2, Phase 3, recorded in Volume 163 of Plats, on Page 64, records of King County, Washington;
• Thence southerly, along said west line, and the west line of the plat of View Point at Maple Ridge, recorded in Volume 161 of Plats, on Page 32, records of King County, Washington to the south line of said Section 22.
• Thence easterly along said south line of said Section 22 and the south line of said plat to an intersection with the westerly right of way margin of 140th Ave SE.
• Thence southerly along said westerly right of way margin, a distance of 208.11 feet, to the westerly extension of the south line of said Plat of View Point at Maple Ridge;
• Thence easterly, along said westerly extension, crossing 140th Ave SE to the southwest corner of lot 9, of said plat of View Point at Maple Ridge.
• Thence easterly along the south line of said plat to the southeast corner of lot 2 of said plat.
• Thence northerly along the east line of Lot 2 of said plat, a distance of 208.11 feet to the south line of said Section 22.
• Thence easterly along said south line, crossing 140th Way SE, to the easterly right of way margin of said 140th Way SE.
• Thence northeasterly, northerly and northwesterly along said easterly right of way margin, to the southwest corner of Tract "E" of the plat of Elliott Farm, recorded in Volume 180 of Plats, pages 4-15, Records of King County, which is also the western most corner of Lot 1 of said plat.
• Thence in a northwesterly direction along said right of way margin to an intersection with the northwesterly corner of Tract "E", of said plat of Elliott Farm, which is also a point on the south boundary of Tract "B" of said plat;
• Thence N 70°15'39" E, along the boundary of said Tract "E", a distance of 47.81 feet;
• Thence S 10°24'04" E, along said boundary, a distance of 41.68 feet;
• Thence N 87°13'29" E, along said boundary, a distance of 209.37 feet;
• Thence N 10°24'04" W, along said boundary, a distance of 56.37 feet;
• Thence 72.86 feet along said boundary on a non tangential curve, with a central angle of 83°29'11", and a 50.00 foot radius;
• Thence N 86°06'45" E, along said boundary, a distance of 168.88 feet;
• Thence N 86° 27'18" E, along said boundary, a distance of 141.81 feet;
• Thence N 01°11'20" E, along said boundary, a distance of 215.81 feet;
• Thence N 59°00'49" W, along said boundary, a distance of 19.40 feet;
• Thence 27.88 feet along said boundary on a non tangential curve, with a central angle of 31°56'46", and a 50.00 foot radius;
• Thence N 00°57'35" W, along said boundary, a distance of 34. 60 feet;
• Thence N 21°12'07" W, along said boundary, a distance of 34.66 feet;
• Thence N 65°19'12" W, along said boundary, a distance of 25.48 feet;
• Thence N 38°28'09" E, along said boundary, a distance of 33.00 feet;
• Thence S 44°18'37" E, along said boundary, a distance of 10.84 feet;
• Thence S 21°12'07" E, along said boundary, a distance of 88.80 feet;
• Thence S 42°29'43" E, along said boundary, a distance of 36.31 feet;
• Thence S 52°31'19" E, along said boundary, a distance of 14.27 feet;
• Thence S 01°11'20" W, along said boundary, a distance of 147.91 feet;
• Thence N 74°31’08” E, along said boundary, a distance of 50.97 feet;
• Thence S 79°06’31” E, along said boundary, a distance of 106.37 feet;
• Thence N 01°41’41” E, along said boundary, a distance of 45.00 feet;
• Thence S 89°17'47" E, along said boundary, a distance of 56.14 feet;
• Thence S 10°05'37" E, along said boundary, a distance of 58.53 feet;
• Thence 63.25 feet along said boundary on a tangential curve, with a central angle of 72°28'56", and a 50.00 foot radius;
• Thence S 80°50'23" E, along said boundary, a distance of 24.58 feet;
• Thence S 20°54'53" E, along said boundary, a distance of 40.01 feet;
• Thence 5.29 feet along said boundary on a tangential curve, with a central angle of 06°04'00", and a 50.00 foot radius;
• Thence S 26°58'53" E, along said boundary, a distance of 36.61 feet;
• Thence 22.37 feet along said boundary on a tangential curve, with a central angle of 25°38'19", and a 50.00 foot radius;
• Thence S 52°37'13" E, along said boundary, a distance of 26.92 feet;
• Thence S 08°52'39" E, along said boundary, a distance of 8.73 feet;
• Thence S 30°30'16" W, along said boundary, a distance of 14.86 feet;
• Thence 101.91 feet along said boundary on a tangential curve, with a central angle of 116°47'06", and a 50.00 foot radius;
• Thence S 86°16'50" E, along said boundary, a distance of 25.00 feet;
• Thence 52.21 feet along said boundary on a tangential curve, with a central angle of 59°49'52", and a 50.00 foot radius;
• Thence N 33°53'18" E, along said boundary, a distance of 16.12 feet;
• Thence N 63°17'17" E, along said boundary, a distance of 41.32 feet;
• Thence S 87°03'12" E, along said boundary, a distance of 56.04 feet;
• Thence S 64°57'06" E, along said boundary, a distance of 52.86 feet;
• Thence 41.41 feet along said boundary on a tangential curve, with a central angle of 47°26'54", and a 50.00 foot radius;
• Thence N 67°36'01" E, along said boundary, a distance of 30.71 feet;
• Thence 57.38 feet along said boundary on a tangential curve, with a central angle of 65° 45'06", and a 50.00 foot radius;
• Thence S 89°17'47" E, along said boundary, a distance of 150.01 feet;
• Thence S 01°41'41" W, along said boundary, a distance of 692.21 feet to an intersection with the northeasterly boundary of a parcel of land deeded to King County by Recording Number 9708120148;
• Thence S 01°41'41" W, along said boundary, a distance of 8.05;
• Thence S 57°10'04" E, along said boundary, a distance of 54.87 feet;
• Thence S 47°14'54" E, along said boundary, a distance of 59.37 feet;
• Thence S 34° 26'32" E, along said boundary, a distance of 27.60 feet to an intersection with the south line of the northeast quarter of the southeast quarter of said Section 22;
• Thence S 89°21'31" E, along said south line, a distance of 261.97 feet to an intersection with the north line of Tract "H" of said Plat of Elliott Farm;
• Thence N 22°28'41" E, along said north line, a distance of 80.61 feet;
• Thence N 17°38'52" W, along said north line, a distance of 52.25 feet;
• Thence N 9°22'47" E, along said north line, a distance of 45.59 feet;
• Thence S 89°21'51" E, along said north line, a distance of 42.46 feet;
• Thence S 57°55'49" E, along said north line, a distance of 80.73 feet;
• Thence N 85°01'18" E, along said north line, a distance of 73.50 feet;
• Thence N 54°15'06" E, along said north line, a distance of 73.70 feet;
• Thence S 73° 23'29" E, along said north line, a distance of 27.63 feet;
• Thence S 32°53'25" E, along said north line, a distance of 58.82 feet;
• Thence S 30°59'21" E, along said north line, a distance of 48.73 feet;
• Thence S 48°07'16" E, along said north line, a distance of 65.22 feet;
• Thence S 80°03'07" E, along said north line, a distance of 70.94 feet;
• Thence N 78°04'15" E, along said north line, a distance of 50.75 feet;
• Thence S 10°18'40" E, along said north line, a distance of 37.66 feet;
• Thence S 89°20'16" E, along said north line, a distance of 439.26 feet, to an intersection with the west line of said Section 23;
• Thence in a southerly direction along said west line to the south line thereof;
• Thence in an easterly direction along said south line to an intersection with the west line of the east half of said Section 23;
• Thence in a northerly direction along said west line to an intersection with the north line of Tract "A", Valley Faire II, recorded in Volume 131 of Plats, Pages 39 through 43, records of King County, Washington;
• Thence N 81°54'25" E, along said north line, a distance of 190.00 feet;
• Thence S 88°43'54" E, along said north line, a distance of 584.39 feet;
• Thence N 71°03'25" E, along said north line, a distance of 505.00 feet;
• Thence N 81°54'25" E, along said north line, a distance of 853.41 feet;
• Thence S 81°35'17" E, along said north line, a distance of 198.04 feet;
• Thence S 0°12'43" W, along said north line, a distance of 50.00 feet;
• Thence S 81°35'17" E, along said north line, a distance of 350.00 feet to an intersection with the east line of said Section 23;
• Thence in a southerly direction along said east line and the east line of said Section 26 to an intersection with the north line of the Plat of Woodside at McGarvey Park Division 5, as recorded in Volume 209 of Plats, Pages 79 through 90, records of King County, Washington;
• Thence S 77°57'56" E, along said north line, a distance of 282.69 feet to an intersection with the boundary of Tract "T" of said Plat;
• Thence S 22°04'35" E, along said boundary, a distance of 13.55 feet;
• Thence 61.29 feet along said boundary on a tangential curve, with a central angle of 13°30'21", and a 260.00 foot radius;
• Thence 84.32 feet along said boundary on a tangential curve, with a central angle of 60°23'17", and a 80.00 foot radius;
• Thence S 24°48'21" W, along said boundary, a distance of 52.54 feet;
• Thence 25.45 feet along said boundary on a tangential curve, with a central angle of 22°26'03", and a 65.00 foot radius;
• Thence S 02°22'18" W, along said boundary, a distance of 33.30 feet;
• Thence S 87°37'42" E, along said boundary, a distance of 20.00 feet;
• Thence N 02°22'18" E, along said boundary, a distance of 33.30 feet;
• Thence 17.62 feet along said boundary on a tangential curve, with a central angle of 22°26'03", and a 45.00 foot radius;
• Thence N 24°48'21" E, along said boundary, a distance of 52.54 feet;
• Thence 1.04 feet along said boundary on a tangential curve, with a central angle of 00°35'47", and a 100.00 foot radius;
• Thence 105.40 feet along said boundary on a tangential curve, with a central angle of 60°23'17", and a 100.00 foot radius;
• Thence 56.57 feet along said boundary on a tangential curve, with a central angle of 13°30'21", and a 240.00 foot radius to an intersection with the north line of said plat;
• Thence S 77°57'56" E, along said north line, a distance of 676.31 feet;
• Thence S 45°30'34" W, along said north line, a distance of 132.66 feet;
• Thence S 45°54'51" W, along said north line, a distance of 47.39 feet;
• Thence S 77°57'56" E, along said north line, a distance of 317.81 feet;
• Thence N 12°02'04" E, along said north line, a distance of 150.00 feet;
• Thence S 77°57'56"E, along said north line, a distance of 352.10 feet to an intersection with the east line of said plat;
• Thence S 22°28'10" W, along said east line, a distance of 1461.11 feet, to an intersection with the east line of the Plat of Woodside at McGarvey Park Division 2, as recorded in Volume 202 of Plats, Pages 41 through 48, records of King County, Washington;
• Thence S 67°31'50" E, along said east line, a distance of 222.58 feet;
• Thence S 41°49'05" W, along said east line, distance of 215.93 feet to an intersection with the northeast line of the Plat of Woodside at McGarvey Park Division 1, as recorded in Volume 196 of Plats, Pages 86 through 97, records of King County, Washington;
• Thence S 57°14'27""E, along said northeast line, a distance of 467.55 feet;
• Thence N 44°24'03 E, along said east line, a distance of 94.29 feet;
• Thence S 67°31'37" E, along said east line, a distance of 269.28 feet to an intersection with the north line of Tract "O" of said plat;
• Thence S 60°56'58" W, along said north line, a distance of 182.47 feet;
• Thence 111.69 feet along said north line, on a tangential curve, with a central angle of 10°19'18", and a 620.00 foot radius;
• Thence S 57°59'33" W, along said north line, a distance of 82.77 feet;
• Thence S 50°30'32" W, along said north line, a distance of 140.15 feet;
• Thence S 42°41'28" W, along said north line, a distance of 73.69 feet;
• Thence S 19°58'53" W, along said north line, a distance of 108.45 feet;
• Thence S 00°55'06" E, along said north line, a distance of 214.63 feet;
• Thence S 81°47'52" W, along said north line, a distance of 76.18 feet;
• Thence S 78°23'26" W, along said north line, a distance of 81.88 feet to an intersection with the southwest corner of Lot 1 of said Woodside at McGarvey Park Division 1 plat;
• Thence in a westerly direction, perpendicular to the centerline of Parkside Way SE a distance of 56 feet, more or less, to an intersection with the east line of Lot 34 of said plat;
• Thence in a southerly direction along said east line to the southeast corner thereof, also being a point on the north line of Tract "T" of said Woodside at McGarvey Park Division 1 plat;
• Thence S 83°43'32" W, along said north line, a distance of 361.49 feet;
• Thence N 88°58'35" W along said north line, a distance of 86.85 feet to an intersection with the southwest corner of Lot 40 of said Woodside at McGarvey Park Division 1 Plat;
• Thence continuing along the westerly extension of the south line of said Lot 40 to an intersection with the north line of Tract "U", of said Woodside at McGarvey Park Division 1 plat;
• Thence N 88°58'35" W along said north line, a distance of 193.00 feet;
• Thence N 01°01'25" E, along said north line, a distance of 75.00 feet;
• Thence N 88°58'35" W, along said north line, distance of 84.93 feet;
• Thence N 01°03'32" E, along said north line, a distance of 11.76 feet;
• Thence N 17°34'25" W, along said north line, a distance of 32.81 feet;
• Thence N 36°12'21" W, along said north line, a distance of 86.20 feet;
• Thence N 27°54'39" W, along said north line, a distance of 42.24 feet;
• Thence N 22°45'30" W, along said north line, a distance of 78.14 feet;
• Thence N 32°04'38" W, along said north line, a distance of 16.30 feet;
• Thence N 41°23'46" W, along said north line, a distance of 81.45 feet;
• Thence N 43°07'15" W, along said north line, a distance of 165.53 feet;
• Thence N 87°37'11" W, along said north line, a distance of 25.00 feet to an intersection with the west line of said Section 25;
• Thence in a southerly direction along said west line to an intersection with the south line thereof;
• Thence in an easterly direction along said south line to an intersection with the westerly right-of-way margin of West Lake Desire Drive Southeast;
• Thence in a northeasterly direction along said westerly margin to an intersection with the west line of the southeast quarter of said Section 25;
• Thence in a northerly direction, along said west line, a distance of 1,276.59 feet to an intersection with the north line of the south half of the southeast quarter of said Section 25;
• Thence in an easterly direction along said north line to an intersection with the east line of said Section 25;
• Thence in a southerly direction along said east line, and the east lines of said Sections 36 and 1 to an intersection with the southerly right-of-way margin of Southeast Petrovitsky Road;
• Thence in a northwesterly direction along said southerly margin to an intersection with the northerly right-of-way margin of Southeast 184th Street (also known as Robert Van Horn Road, County Road Number 1341);
• Thence in a westerly direction along said north margin to an intersection with the northerly right-of-way margin of Southeast Old Petrovitsky Road (also known as Peter Grubb, County Road Number 1310);
• Thence in northwesterly, westerly, and southwesterly directions along said northerly margin to an intersection with the west line of said Section 36;
• Thence in a southerly direction along said west line to an intersection with the southerly right-of-way margin of said Southeast Old Petrovitsky Road;
• Thence in a westerly direction along said southerly margin to an intersection with the north line of the south half of said Section 35;
• Thence in a westerly direction along said north line to an intersection with the west line of said Section 35;
• Thence in a southerly direction along said west line to an intersection with the south line of said Section 35;
• Thence in an easterly direction, a distance of 20.00 feet along said south line, to an intersection with the easterly right-of-way margin of 148th Avenue SE (also known as Henry Reichling Road, County Road Number 511);
• Thence in a southerly direction along said easterly margin to an intersection with the easterly extension of the south line of the Plat of Ruddell's 3rd Addition, as recorded in Volume 108 of Plats, Pages 25 and 26, records of King County, Washington;
• Thence N 89°12'25" W, along said south line, a distance of 1,334.28 feet, more or less, to an intersection with the west line of the east half of the east half of said Section 3;
• Thence S 00°59'17" W, along said west line to an intersection with the south right-of-way margin of Southeast 202nd Street, as conveyed by King County Recording Number 7606150722, records of King County, Washington;
• Thence in a westerly direction along said south margin and its westerly extension thereof to an intersection with the westerly right-of-way margin of 140th Avenue Southeast;
• Thence N 01°02'10" E, along said westerly margin, a distance of 132.00 feet to an intersection with the southeasterly right-of-way margin of Southeast 204th Way;
• Thence in a southwesterly direction along said margin to an intersection with the east line of Tract "A", of the Plat of Jerry's Place, recorded in Volume 207 of plats, Pages 50 through 54, records of King County, Washington;
• Thence S 01°02'10" W, along said east line, a distance of 688.88 feet to the south line of said tract;
• Thence N 55°21'52" W, along said south line, a distance of 426.21 feet to the west line of said plat:
• Thence N 01°02'10" E, along said north line, a distance of 283.00 feet to an intersection with the south right-of-way margin of said Southeast 204th Way;
• Thence in a northwesterly direction along a line running perpendicular to the centerline of said Southeast 204th Way to an intersection with the northwesterly margin thereof;
• Thence in a southwesterly direction along said northwesterly margin to an intersection with the southwest corner of Tract "C" of the Plat of Forest Glen South, recorded in Volume 129 of Plats, Pages 66 through 67, records of King County, Washington;
• Thence N 17°00'00" W, along the west line of said tract, a distance of 108.94 feet to the south line of Tract "B" of said plat;
• Thence N 89°09'46" W, along said south line, a distance of 238.15 feet to an intersection with the east line of the west half of the southwest quarter of said Section 3;
• Thence southerly along said east line to an intersection with the south line of King County Short Plat Number 778109, recording number 7904090779, records of King County, Washington;
• Thence N 89°09'15" W, along said south line, a distance of 660.00 feet to the west line of said short plat;
• Thence N 01°06'57" E, along said west line, a distance of 920.02 feet to an intersection with the south line of Tract "B", of the Plat of Forest Trails Division 1, recorded in Volume 129 of Plats, Pages 78 through 80, records of King County, Washington;
• Thence N 89°12'13" W, along said south line, a distance of 327.47 feet;
• Thence N 41°29'14" W, along said south line, a distance of 487.24 feet to an intersection with the south line of King County Boundary Line Adjustment L97L0075, recording number 9710239010, records of King County, Washington;
• Thence N 64°02'58" W, along said south line, a distance of 753.55 feet;
• Thence N 49°49'58" W, along said south line, a distance of 816.67 feet to an intersection with the west line of the east half of the east half of said Section 4;
• Thence N 01°22'24" E, along said west line, a distance of 1,108.26 feet, more or less to the an intersection with the south line of the north half of the north half of Government Lot 2, of said Section 4;
• Thence N 89°41'14" W, along said south line, a distance of 657.06 feet to an intersection with the west line of the east half of said Government Lot 2;
• Thence N 01°22'24" E, along said west line, a distance of 298.63 feet to an intersection with the southerly right-of-way margin of Southeast 192nd Street (also known as Robert Melville Road, County Road Number 1119);
• Thence westerly, along said south margin, to an intersection with the southerly extension of a line 422 feet east of and parallel to the west line of the southeast quarter of said Section 33, also being the east line of a portion of the Southeast 192nd Street right-of-way conveyed under King County recording number 19991011001557;
• Thence in an northerly direction, along said southerly extension, a distance of 80 feet, more or less, to the northerly right-of-way margin of said Southeast 192nd Street, also being the east line of Boulevard Lane Park as described in said deed to King County recorded under King County recording number 19991011001557;
• Thence northerly N 0°21'00" E, along said east line, a distance of 300.00 feet;
• Thence in a northwesterly direction, along said east line, to a point on the westerly extension of the south line of Lot 52, in the Plat off Boulevard Lane Division 1, recorded in Volume 80 of Plats, Page 89, records of King County, Washington, lying 200.17 feet westerly of the southwest corner of said Lot 52;
• Thence in an easterly direction, along said westerly extension, to the southwest corner of said Lot 52;
• Thence N 1°51'31" E, along the west boundary of said plat, a distance of 286.83 feet;
• Thence N 16°17'15" E, along the west boundary of said plat, a distance of 45.58 feet to the west boundary of the Plat of Boulevard Lane Division 2, recorded in Volume 82 of Plats, Page 20, records of King County;
• Thence N 16°17'15" E, along the west boundary of said plat, a distance of 850.71 feet to the west boundary of the Plat of Boulevard Lane Division 5 recorded in Volume 89 of Plats, Page 29, records of King County,
• Thence N 16°17'15" E, along the west boundary of said plat, a distance of 508.34 feet to the north line of said southeast quarter of Section 33;
• Thence S 88°05'24" E, along said north line, a distance of 544.79 feet to an intersection with the west line of lot 1, King County Short Plat Number C1077001, recording number 7806080590, records of King County, Washington;
• Thence N 44°23'34" E, along said west line, a distance of 466.00 feet to the east line of said lot;
• Thence S 42°37'47" E, along said east line, a distance of 21.32 feet to an intersection with the west line of the Plat of Fox Estates, recorded in Volume 143 of Plats, Pages 53 through 55, records of King County, Washington;
• Thence N 45°10'57" E, along said west line and it's extension thereof, a distance of 544.76 to an intersection with the northeasterly line of the Puget Sound Power and Light Company Transmission Line Easement, King County Recording Number 7105180453;
• Thence in a northwesterly direction along said northeasterly line to an intersection with the south line of the northeast quarter of the northeast quarter of said Section 33;
• Thence in a westerly direction along said south line to an intersection with west line of said subdivision (Excluding any portion of Lot 3, of King County Short Plat Number 779163R, recording number 8105060679, records of King County, Washington);
• Thence N 01°53'26" E, along said west line a distance of 1,327.22 feet, more or less, to the north line of said subdivision and the intersection with the west line of the southeast quarter of the southeast quarter of said Section 28;
• Thence N 02°19'22" E, along said west line, a distance of 224.84 feet to an intersection with the west right-of-way margin of 128th Avenue Southeast;
• Thence N 18°17'20" W, along said west margin, a distance of 55.17 feet;
• Thence N 01°44'32" E, along said west margin, a distance of 55.17 feet;
• Thence 33.50 feet along said west margin on a tangential curve to the west, with a 25.00 foot radius to an intersection with the southerly right-of-way margin of John Petrovitsky Road Extension, King County Road Number 1401, also known as Southeast Petrovitsky Road;
• Thence in southeasterly and northeasterly directions along said southerly margin to an intersection with the southerly extension of the westerly right-of-way margin of 134th Avenue Southeast;
• Thence northwesterly perpendicular to the centerline of said SE Petrovitsky Road, a distance of 92.00 feet, more or less, to the northerly right-of-way margin of said Southeast Petrovitsky Road;
• Thence northerly along said westerly right-of-way margin of said 134th Avenue SE, also being on the boundary line of Tract "A", Plat of Fairwood Park Division 7, recorded in Volume 116 of Plats, Pages 88 through 90, records of King County, Washington;
• Thence 38.44 feet along said boundary on a tangential curve to the west, with a 25.00 foot radius;
• Thence N 06°19'54" W, along said boundary, a distance of 20.83 feet;
• Thence 95.75 feet along said boundary on a tangential curve to the east, with a 125.00 foot radius;
• Thence N 68°49'23" W, along said boundary, a distance of 100.00 feet;
• Thence N 15°08'04" E, along said boundary, a distance of 50.00 feet;
• Thence N 03°49'50" W, along said boundary, a distance of 75.58 feet;
• Thence N 10°54'32" W, along said boundary, a distance of 215.78 feet;
• Thence N 01°54'34" W, along said boundary, a distance of 85.00 feet;
• Thence N 05°43'52" E, along said boundary, a distance of 222.13 feet;
• Thence S 83°01'33" W, along said boundary, a distance of 104.44 feet;
• Thence N 06°58'27" W, along said boundary, a distance of 122.00 feet;
• Thence N 83°01'33" E, along said boundary, a distance of 200.00 feet;
• Thence S 06°58'27" E, along said boundary, a distance of 196.24 feet;
• Thence S 05°42'38" W, along said boundary, a distance of 45.52 feet;
• Thence N 83°01'33" E, along said boundary, a distance of 60.00 feet;
• Thence N 06°58'27" W, along said boundary, a distance of 130.64 feet;
• Thence N 83°01'33" E, along said boundary, a distance of 308.72 feet;
• Thence N 11°12'47" W, along said boundary, a distance of 286.29 feet;
• Thence N 48°10'37" E, along said boundary, a distance of 85.00 feet;
• Thence 97.23 feet along said boundary on a non tangential curve to the east, with a 242.54 foot radius;
• Thence N 18°51'11"W, along said boundary, a distance of 361.29 feet;
• Thence 114.98 feet along said boundary on a tangential curve to the west, with a 171.00 foot radius;
• Thence S 23°45'00" W, along said boundary, a distance of 123.95 feet;
• Thence N 67°47'47" W, along said boundary, a distance of 48.26 feet;
• Thence S 80°32'16" W, along said boundary, a distance of 57.67 feet;
• Thence S 88°51'32" W, along said boundary, a distance of 121.53 feet;
• Thence N 71°09'08" W, along said boundary, a distance of 254.14 feet;
• Thence N 24°58'50"E, along said boundary, a distance of 127.61 feet;
• Thence 111.75 feet along said boundary on a non tangential curve to the east, with a 329.00 foot radius;
• Thence S 44°26'32" W, along said boundary, a distance of 157.76 feet;
• Thence N 74°35'11" W, along said boundary, a distance of 125.02 feet to an intersection with the west line of said Section 27;
• Thence N 02°34'20" E, along said west line, a distance of 139 feet, more or less, to an intersection with the north line of the south half of the said Section 28;
• Thence N 01°54'51" E, along the east line of said section 28, a distance of 1,337.48 feet, more or less, to an intersection with the north line of the south half of the northeast quarter of said Section 28;
• Thence N 87°50'47" W, along said north line, to an intersection with the easterly right-of-way margin of 128th Avenue Southeast;
• Thence northerly along said east margin to the southerly right-of-way margin of SE 164th Street
• Thence northerly along a line perpendicular to the centerline of Southeast 164th Street, a distance of 60.00 feet, more or less to an intersection with the northerly right-of-way margin of SE 164th Street;
• Thence N 87°30'06" W, along said northerly margin, to an intersection with the west line of the east half of the northeast quarter of said Section 28;
• Thence N 01°59'35" E, along said west line, to an intersection with the south line of said Section 21;
• Thence S 87°30'06" E, along said south line, to an intersection with west right-of-way margin of the City of Seattle Cedar River Pipeline;
• Thence in a northwesterly direction along said west margin to an intersection with the west line of the southeast quarter of the southeast quarter of said Section 21, also being the City Limits of Renton as annexed under Ordinance Number 1961;
• Thence in a northerly direction along said west line and city limits to an intersection with the north line of said southeast quarter of the southeast quarter of said Section 21, also being the City Limits of Renton as annexed under Ordinance Number 3723;
• Thence in an easterly direction along said north line and city limits to an intersection with a line 20 feet west of and parallel to the west line of said Section 22;
• Thence in a northerly direction along said west line and city limits to the thread of the Cedar River;
• Thence in a southeasterly direction along the course of said thread of the Cedar River to the west line of said Section 22, and the POINT OF BEGINNING.
• TOGETHER WITH the Plat of Woodside at McGarvey Division 6, recorded in Volume 216 of Plats, Pages 55 through 62, records of King County, Washington,
ERRATA
LEGAL DESCRIPTION FOR PROPOSED CITY OF FAIRWOOD
(July 07, 2006)
Tract "T" of Woodside at McGarvey Park Division 5 (PIN955804-1260) has been completely removed from the legal because it is segregated by the UGBL. This Tract serves Division 5, and therefore would appear logical to include in the incorporation. DNRP-Stormwater (206.296-1900) is the current steward of tract. Preferably, the UGBL would be adjusted in this area such that Tract T was fully within the urban growth area. Perhaps a companion ordinance to the incorporation ordinance could be introduced which clarifies/corrects the UGBL for the handful of parcels affected by this. However, if not, an interlocal maintenance agreement between the City and County should be considered as part of the incorporation agreements.
Woodside at McGarvey Park Division 6: This plat division is designated urban, and is graphically depicted as a peninsula jutting out into an otherwise rural zoned area. The problem is that the "urban connector" to the rest of the urban-zoned area is across a narrow segment of the otherwise very large rural open-space tract (PIN955800-1080). No access is available along the urban connector provided for Division 6. As this rural open-space tract cannot be incorporated. Therefore the legal description includes Division 6 as an island of incorporation. The access to which is provided by two fairly long public roadways crossing a wider section of said rural open-space tract. The responsibility for the maintenance of these roadways should be addressed in the incorporation agreements.
Parcel PIN# 252305-9026, has a small portion of this parcel is outside of the incorporation area, the result of a 2000 lot line adjustment (KC recording number 20001204900003) leaving a small 12.5' by 48.5' section that is split off by the UGBL. The legal description provided, splits this parcel down the UGBL, leaving the small portion outside the proposed limits of incorporation. If possible, a companion ordinance clarifying/correcting the UGBL for this parcel, and a handful of others, would be the recommended approach. If UGBL is adjusted later, the City could pursue correcting the boundary discrepancy under RCW 35.13.340. Alternatively, the parcel could be entirely excluded. The City feels the intent of UGBL was clearly to include the parcel (we agree), and therefore the legal should include the small portion, to avoid having to correct it later. RSD staff is unable to make this requested change without a clarification/correction of the UGBL by the responsible authorities.
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