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Ord 899 Complete packetCity of Yelm STAFF REPORT To: Mayor Ron Harding Yelm City Council From: Grant Beck, Community Development Director Date: November 26, 2008 (for December 9th City Council Meeting) Subj: Correction to Ordinance 648 Recommendation Adopt Ordinance 899, amending Ordinance 648 correcting the legal description of the area annexed into the City of Yelm. Background On September 22, 2008, the Community Development Department was contacted by the Washington State Office of Financial Management regarding an annexation from 1999. OFM had been reviewing it's annexation files and discovered that the surveyors from the Washington State Department of Transportation had expressed concerns with the legal description describing the property annexed by Ordinance 648. In order to clarify the area annexed by Ordinance 648, the Community Development Department has had a new legal description be prepared by a licensed surveyor, which is standard practice for all current annexations. Current Situation Ordinance 899 amends the legal description of the area annexed by Ordinance 648 in 1999 and should resolve the concerns raised by the Washington State Office of Financial Management. November 19, 2008 Page 1 of 1 CITY OF YELM ORDINANCE NO. 899 AN ORDINANCE AMENDING ORDINANCE 648 CORRECTING THE LEGAL DESCRIPTION OF THE AREA ANNEXED INTO THE CITY OF YELM WHEREAS, the Yelm City Council adopted Ordinance 648, annexing certain property to the City of Yelm, on April 14, 1999, and WHEREAS, Ordinance 648 was recorded with the Thurston County Auditor; and WHEREAS, the City filed an annexation certificate with the Washington State Office of Financial Management which included Ordinance 648 as an attachment, and WHERES, in September of 2008, the Community Development Department was contacted by the Washington State Office of Financial Management with concerns that the legal description of the property annexed to the City of Yelm by Ordinance 648 contained errors; and WHEREAS, it is the City's desire to correct the legal description of the property annexed into the City of Yelm by Ordinance 648; NOW, THEREFORE, THE YELM CITY COUNCIL DOES ORDAIN AS FOLLOWS: Section 1. The legal description found in Section 1 of Ordinance 648 is corrected as follows: THAT PORTION OF THE NORTHEAST ONE-QUARTER OF THE SOUTHWEST ONE-QUARTER OF SECTION 18, TOWNSHIP 17 NORTH, RANGE 2 EAST OF THE WILLAMETTE MERIDIAN, LYING SOUTHERLY OF THE SOUTHERLY RIGHT OF WAY OF THE CENTRALIA POWER CANAL. EXCEPTING THEREFROM THAT PORTION OF THE NORTHEAST ONE-QUARTER OF THE SOUTHWEST ONE-QUARTER OF SAID SECTION 18, LYING WESTERLY OF THE NORTHERLY AND SOUTHERLY EXTENSION OF THE EAST LINE OF LOT 4 OF CITY OF YELM SHORT PLAT NO. 8001, AS RECORDED UNDER AUDITOR'S FILE NO. 940487, IN VOLUME 1 OF SHORT PLATS, ON PAGES 675- 680, RECORDS OF THURSTON COUNTY, WASHINGTON. TOGETHER WITH THAT PORTION OF RHOTON ROAD SE THAT IS IN THE NORTHWEST ONE-QUARTER OF THE SOUTHEAST ONE- QUARTER OF SAID SECTION 18. SITUATE IN THE COUNTY OF THURSTON, STATE OF WASHINGTON PASSED by the City Council of Yelm this 9th day of December, 2008. Ron Harding, Mayor ATTEST: Janine A. Schnepf, City Clerk. PUBLISHED: Nisqually Valley News, December 19, 2008 EFFECTIVE DATE: December 24, 2008 EXHIBIT A ANNEXATION DESCRIPTION: THAT PORTION OF THE NORTHEAST ONE-QUARTER OF THE SOUTHWEST ONE- QUARTER OF SECTION 18, TOWNSHIP I7 NORTH, RANGE 2 EAST OF THE WILLAMETTE MERIDIAN, LYING SOUTHERLY OP THE SOUTHERLY R[GHT OF WAY OF THE CENTRALIA POWER CANAL. EXCEPTING THEREFROIVI THAT PORTION OF THE NORTHEAST ONE-QUARTER OF THE SOUTHWEST ONE-QUARTER OF SAID SECTION 18, LYING WESTERLY OF THE NORTHERLY AND SOUTHERLY EXTENS[ON OF THE EAST LINE OF LOT 4 OF CITY OF YELM SHORT PLAT NO. 8001, AS RECORDED UNDER AUDITOR'S FILE N0.940487, IN VOLUME 1 OF SHORT PLATS, ON PAGES 675-680, RECORDS OF THURSTON COUNTY, WASHINGTON. TOGETHER WITH THAT PORTION OF RHOTON ROAD SE THAT IS IN THE NORTHWEST ONE-QUARTER OF THE SOUTHEAST ONE-QUARTER OF SAID SECTION 18. SITUATE IN THE COUNTY OF THURSTON, STATE OF WASHINGTON. i~•25•08 City of Yelm Exhibit III Annexation Boundary Map ANX-988226-YL January 4, 1999 5W 1/4, SEC.18, T17N, R2E, W.M. - - m ~ --.. . ,,~. , a o~,~ , o , O k1-o~ ®-050 ,.. SPRI a C[TY LIMITS ~0. ANNEXATION AREA ®-0103 (A ~URYEY) ~ O .. s C 31-05 x'02 CITY «~ OF --r-aN„_ ~-03 ®-03 x102 0203 m i ®-0201 ®-01oz ~1 ®-02 ~3 owz ~ ~ ®-o3o4O l~D-o3o1 Q-03o2 ,Y,,,, ®-a3os 00 © I I i \\\~\\/\\Q.. ~ 11n Q ®-01 ®-03 E~ m © 2 ® © ( ®-0102 Q B Q' O ® ® ~ ® ,~ ® ® p ~ ® ® ® ® ~ ® ® 0 e © ~ Q ( ma° CITY OF YELM ORDINANCE NO. 648 (ANX 988226 YL) AN ORDINANCE ANNEXING CERTAIN PROPERTY TO THE CITY OF YELM, WASHINGTON. WHEREAS, the record owners of at least sixty percent of the value of the property described below have petitioned for annexation to the City of Yelm, WHEREAS, the City Council of Yelm has held aduly-noticed public hearing regarding such annexation, WHEREAS, the City Council finds that such annexation is in the best interest of the City and conforms with annexation policies of the City as set forth in the Comprehensive Plan and Yelm Municipal Code Chapter 2.66. NOW, THEREFORE, THE CITY COUNCIL OF YELM DOES ORDAIN AS FOLLOWS: SECTION 1. The following described territory is hereby annexed and made a part of the City of Yelm: Parcel #22718310200 That part of the Northeast quarter of the Southwest quarter of Section 18, township 17 North, Range 2 East, W.M., lying South of Crystal Springs Road except the East 20 feet and the West 20 feet for roads AND EXCEPT tracts described as follows: Commencing at the Southwest corner of the Northeast quarter of the Southwest quarter of Section 18, Township 17 North, Range 2 East, W.M.; thence 1275 feet East along the South line of the Northeast quarter of the Southwest quarter to the true point of beginning of this description; thence 471 feet Northerly to a point which is 1352 feet Easterly of the West line of the Northeast quarter of the Southwest quarter and on the South boundary of the Crystal Springs Road, thence Westerly along the South boundary of the Crystal Springs Road 683 feet; thence Southerly 545 feet to a point on the South line of the Northeast quarter of the Southwest quarter; thence 525 feet Easterly along the South line of the Northeast quarter of the Southwest quarter to the point of beginning. EXCEPT ALSO, beginning at the Southwest corner of the Northeast quarter of the Southwest quarter of Section 18, Township 17 North, Range 2 East., W.M.; thence 350 feet Easterly along the South line of the Northeast quarter of the Southwest quarter; thence Northerly 564 feet to a point on the Southerly boundary of the Crystal Springs Road which is 380 feet Easterly from the West line of the Northeast quarter of the Southwest quarter; thence Westerly to the West line of the Northeast quarter of the Southwest quarter, thence South along said West line to the point of beginning. ALSO EXCEPT the south 136 feet of said land. In Thurston County, Washington. Together with that portion of Canal Road abutting above parcel. Parcel 22718310300 That portion of the Northeast quarter of the Southwest quarter of Section 18, Township 17 North, Range 2 East, W.M., described as follows: IIIIII VIII VIII VIII IIII IIIfIIII VIII lII VIII III IIII eg 8093 ~ 41R CITY OF YELM OR0 E10.00 Thurston Co, WR Beginning at the Southeast corner of said Northeast quarter of the Southwest quarter; thence North 471 feet to the Southerly boundary of county road known as Crystal Springs Road; then Westerly along said Southerly boundary 683 feet; thence South 545 feet, more of less, to a point on the South line of said Northeast quarter of the Southwest quarter 325 feet West of the point of beginning; thence East along said South line 525 feet to the point of beginning, EXCEPTING THEREFROM the East 20 feet and the South 20 feet for roads. Together with that portion of Canal Road and Rhoton Road abutting above parcel. Parce122718310800 That part of the N.E. '/4 of the S.W. %4 Sec. 18 Township 17 North Range 2 East W.M. Described as the South 135 ft. Of be~cact_cotEv_e~ ed to P ter H. Gorman and Ruby Belle Gorman by deed recorded unde Auditors File No. 407070. -~'J.e2~ ~a/ ~ td ~Y_ SECTION 2. Said property shall be subject to the existing indebtedness of the City of Yelm and to pay said indebtedness shall be assessed and taxed at the same rate and on the same basis as other property within the City of Yelm. SECTION 3. The City Clerk shall record a copy of this ordinance in the Office of the County Auditor and file a certified copy with the Board of County Commissioners. SECTION 4. This Ordinance shall become effective on the 28`h day of April, 1999, being a date not less than five days following publication. Vu' Kat ryn M. olf, Mayor ATTE T: ~ ~j Agne P. Bennick, City Clerk/Treasurer Passed and Approve: April 14; 1999 Published: Nisqually Valley News, April 23, 1999 Effective Date: April 28, 1999 C:UNyFilesICATHI E10RD648. W PD I IIIIIIIIIIIIIIIIIIIII IIIIIIIIII IIIIIIIIIIIIII 8% 080930 41R CITY OF YELM ORD 510.00 Thurston Co, WR 11-20-2000 Yelm Ordinance #648 The legal descriptions for parcels #22718310200 and #22718310300 describe property that overlaps itself. The third parcel, #22718310800 can't be plotted because there is no documentation to describe the land referenced by the legal description. Parcel#22718310200 This legal description describes property lying south of Crystal Springs Road. According to the map provided none of the property is south of Crystal Springs Road. It is east of Crystal Springs Road, and south of Canal Rd. Ts it possible that Canal Road as shown on the map provided is Crystal Springs Road as referred to in the legal description'? Please clarify this and provide some documentation (either a map showing Crystal Springs Road north of the parcel, or a legal description that references Canal Road). The last three lines of this parcel description read... ALSO EXCEPT the south 136 feet of said land. In Thurston County, Washington. Together with that portion of Canal Road abutting above parcel. The south 136 feet of said land'? Which said land? Not clear whether you are talking about the portion you are annexing, or excluding. In Thurston County, Washington. (Should not be a sentence unto itself, and would make more sense if it were included in the first sentence of the legal description. Together with that portion of Canal Road abutting above parcel. Which parcel? - The one you described or the one you excepted out? Docs this include the East and West 20 feet mentioned in the first sentence? Do you mean to include this in your parcel or exclude it? Parcel #22718310300 When you began in the SE corner of the NE t/a of the SW'/a and go 471 feet North to Crystal Sp>7ngs Rd. [shown on the map you provided as Canal Rd.]; Thence West 683 feet; Thence South 545 feet more or less to a point on the South line 325 feet West of the Point Of Beginning; You can't go East along the South line 525 feet and reach the point of beginning in a straight line. By Calculating your description on the map you would go East of your point of beginning by 200 feet. Parcel#22718310800 The legal description for this parcel references a tract conveyed to Peter H. Gorman and Ruby Belle Gorman by deed. We need a map and legal description to go along with this. We can't plot this on a map with the information provided. Also when referencing a deed you should mention where it is recorded (which county). 1n the future, when writing legal descriptions, it may be easier to simply describe what you are annexing, rather than starting with a large portion of property and excluding bits and pieces, thus describing what you aren't annexing. Also it is helpful to find a person other than the one who wrote this legal description to plot this on a map from the written description to test for ambiguity and clarity. The written legal description is what counts in the eyes of the law, not a map that is drawn, so it is critical to write the legal description with clarity, and impossible to be misinterpreted. Otherwise is to invite legal troubles in the future. Perhaps hiring a surveyor or someone trained in writing legal descriptions to write this legal description would be in the best interest of the City of Yelm.