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Return Address:
City Clerk
City ofBremerton
345 Sixth Street, Suite 600
Bremerton, WA 98337
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BREMERTON CITY OF 20090
Ordinance Rec Fee, $ 48 00 6180236
06/18/2009 02,29 PM .
Walter Washington. Kitsap Co Audit Page, 1 of 7
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AUDITOR/RECORDER'S INDEXING FORM
Document Title(s): I. Ordinance No. 5083
Reference Number(s) of Documents assigned or released: NI A
Grantor(s): I. City ofBremerton
D Additional names on page of document.
Grantee(s): I. The Publici Ordinance 5083
D Additional names on page of document.
Legal Description: That portion of the South half of the South half of Section 1, Township 23 North, Range 1 West,
e abbreviated) W.M., Kitsap County, Washington described as follows:
Commencing at the intersection of the South line of said Section 1 with the southeasterly line of
State Highway No. 14; thence Northeasterly along said Highway 500 feet, more or less, to the
southwesterly line of a tract conveyed March 27, 1941 to Edna C. Cook by deed recorded October
6,1945 under Auditor's File No. 414543; thence Southeasterly along said Cook tract to the south
line of said Section 1; thence West along said south line to the point of beginning;
Except SR 3;
And that portion of the Northeast quarter of the Northwest quarter of Section 12, Township 23
North, Range 1 West, W.M., Kitsap County, Washington described as follows:
Commencing at the northeast corner of said subdivision; thence South along the east line of said
Northeast quarter 700 feet, more or less, to the northeast corner of a tract conveyed October 2,
1942 to Harry Earl by deed recorded under Auditor's File No. 367446; thence Northwesterly along
said Earl tract 1040 feet, more or less, to the intersection of the easterly line of State Highway No.
14 with the north line of the subdivision; thence East along said north line to the point of
beginning;
Except SR 3.
D Additional legal is on page 5 of document.
Assessor's Property Tax Parcel/Account Number: 122301-2-001-1001, 012301-3-009-1004
ORDINANCE NO. ~og3
AN ORDINANCE of the City Council of the City of
Bremerton, Washington, approving the annexation of certain
contiguous lands comprising of approximately 7 acres in the South
Kitsap Industrial Area (SKIA) Urban Growth Area (UGA) known
as the Sylvan Products INC., annexation; requiring the assumption
of all of the City's existing indebtedness by the area to be annexed;
designating Industrial zoning pursuant to BMC 20.94; establishing
an effective date of the annexation; and designating a Council
District for the annexed area.
WHEREAS, on March 2,2009, the City received an initiation petition for
annexation of territory to the City Bremerton from Sylvan Products INC.; and
WHEREAS, the initiating parties are the owners of one hundred percent (100%)
of the property according to the assessed valuation for which annexation is petitioned, which is
well in excess of the ten percent (10%) in value of the property required to initiate an annexation
into the City of Bremerton; and
WHEREAS, the proposed area for annexation is located within an Urban Growth
Area (UGA); and
WHEREAS, pursuant to RCW 36.70A.130 on October 15,2008 the SKIA UGA
was designated at a Manufacturing and Industrial Center during the 2008 Comprehensive Plan
amendment process, Ordinance No. 5062; and
WHEREAS, Manufacturing and Industrial Centers are subject to zoning of
Industrial, therefore Industrial zoning is designated for the annexed area and properties so
designated are required to meet the development requirements of Chapter 20.94 BMC; and
WHEREAS, on April 15, 2009, the City Council met with the initiating parties to
consider the petition at which time the City Council 1) accepted the petition as presented, 2)
required the assumption of all existing City indebtedness by the area to be annexed, and 3)
authorized the circulation of a seventy-five percent (75%) annexation petition as required by law
to proceed with the proposed annexation; and
WHEREAS, on April 16, 2009, the City received a seventy-five percent (75%)
annexation petition for annexation of Sylvan Products INC. to the City of Bremerton from the
owners of one hundred percent (100%) of the property, excluding public rights-of-way,
according to the assessed valuation for which annexation is petitioned; and
WHEREAS, the area proposed for annexation is legally described in Exhibit A
attached hereto and incorporated herein by this reference, and as further identified in the map
attached as Exhibit B incorporated herein by this reference; and
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Annexation - SKIA
Sylvan Products INC Annexation
WHEREAS, pursuant to RCW 35.13.140, residents and property owners in the
area proposed for annexation and other interested persons have been afforded an opportunity to
be heard during a public hearing held before the City Council on June 3, 2009, and all statutory
notice requirements for said hearing, including publish in a newspaper of local circulation, and
po stings of site, have been provided; and
WHEREAS, on April 16, 2009, the City of Bremerton filed a copy of the seventy-
five percent (75%) annexation petition with the Kitsap County Assessor's Office requesting
sufficiency review and on April 20, 2009, the City received a Certificate of Sufficiency affirming
consent of properties totaling more than seventy-five percent (75%) of assessed property
valuation; and
WHEREAS, City of Bremerton filed a Notice of Intention with the Boundary
Review Board on April 24, 2009 pursuant to RCW 36.93.090; and
WHEREAS, City of Bremerton has prepared an analysis of the costs and benefits
and the anticipated fiscal impacts to the City of annexing the SKIA UGA and this analysis is
contained in the report called "Financial Assessment of SKIA Area Annexation" dated June 16,
2008; and
WHEREAS, City Council seeks to annex territories that contribute to the overall
economic and social health and well being of the City and lead to an orderly and logical pattern
of development; and
WHEREAS, City Council finds that it is in the best interest of the City to approve
the proposed annexation as presented and require the assumption of all or any portion of City
indebtedness by the area to be annexed; NOW THEREFORE,
THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON,
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. There shall be annexed to the City of Bremerton, Washington,
certain property situated in Kitsap County, Washington, commonly known as Sylvan Products
INC. annexation, legally described in Exhibit A attached hereto and incorporated herein by this
reference, and as further identified in the map attached as Exhibit B attached hereto and
incorporated herein by this reference.
SECTION 2. The property hereby annexed shall assume and be subject to its
proportionate share of the City's existing indebtedness and shall be assessed and taxed at the
same rate and on the same basis that other property with in the City of Bremerton is assessed and
taxed to pay for any outstanding general indebtedness of the City, if that indebtedness has been
approved by the voters, contracted for, or incurred prior to, or existing at the effective date of this
annexation.
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Annexation - SKIA
Sylvan Products INC Annexation
SECTION 3. Comprehensive planning for the SKIA UGA was included in the
City's annual comprehensive plan amendment process for 2008, the area to be annexed has been
designated as a Manufacturing and Industrial Center.
SECTION 4. Zoning for the annexed area is designated Industrial pursuant to
Chapter 20.94 BMC.
SECTION 5. This annexation will become effective August 1,2009 if Boundary
Review Board jurisdiction is not invoked. If Boundary Review Board jurisdiction is invoked
pursuant to RCW 36.93.100(4), then this annexation will become effective on the first day of the
second month immediately following the expiration of the Boundary Review Board's review.
SECTION 6. Pursuant to RCW 35.13.260, within thirty (30) days from the
effective date of this annexation as provided by law, the City Department of Community
Development (DCD) of the City of Bremerton shall, under the direction of the Mayor of the City
ofBremerton, determine the resident population of the annexed territory, which population
determination shall consist of an actual enumeration of the population that shall be made in
accordance with the practices and policies and subject to approval of the State of Washington's
Office of Financial Management and which population shall be determined as of the effective
date of this annexation as specified in this ordinance. DCD shall prepare a certificate signed by
the Mayor and attested by the City Clerk in such form and containing such information as shall
be prescribed by the State Office of Financial Management and the City Clerk shall thereafter
submit that certificate in triplicate to the Office of Financial Management together with the
population determination of the annexed territory.
SECTION 7. Pursuant to RCW 35.13.270, the DCD shall provide notification,
by certified mail, that includes a list of annexed parcel numbers, to the Kitsap County Treasurer
and Kitsap County Assessor at least thirty days before the effective date of the annexation. DCD
shall also provide such notification to the fire district and library district, as appropriate,
simultaneously when notice of the proposed annexation is provided by the City to the Kitsap
County Boundary Review Board pursuant to RCW 36.93.090.
SECTION 8. Following passage of this annexation ordinance, the City Clerk of
the City of Bremerton, pursuant to RCW 35.13.150, shall send to the Office of the Clerk ofthe
Kitsap County Board of Commissioners a certified copy of this ordinance.
SECTION 9. City Council District. Upon the effective date of annexation, the
property annexed by this ordinance shall be assigned to Bremerton City Council District 8.
SECTION 10. Legal Descriptions. In the event of a conflict in the description
of the area proposed for annexation as legally described in Exhibit A and that as identified in the
map attached as Exhibit B, Exhibit A shall govern as the area to be annexed into the City.
Exhibit B is attached hereto for illustrative purposes. Staff is authorized to make minor technical
corrections as necessary to the descriptions set forth in Exhibit A and Exhibit B due to incorrect
data identified during Kitsap County review of the annexation petition.
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Annexation - SKIA
Sylvan Products INC Annexation
SECTION 11. Severabilitv. If anyone or more sections, subsections, or
sentences of this Resolution are held to be unconstitutional or invalid, such decision shall not
affect the validity of the remaining portion of this Resolution and the same shall remain in full
force and effect.
SECTION 12. . Effective Date. This Ordinance shall take effect and be in force
10 days after the date of publication.
Cfp AS SED by the City Council of the City of Bremerton, Washington this 3.u.!.
day of _.1~ ,2009.
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CECIL McCO
Approved this If!!:: day of {);.//lI/J) , 2009. ~
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CARY BOZEMAN, Mayor
ATTEST:
ER A. LUBOVICH,
PUBLISHED tbe --i:b4) day of Cf);;::;:.
EFFECTIVE the --'-It::..v- day of _ _
ORDINANCE NO. .$7)f~
,2009
,2009
R:\Legal\Legal\Ordinances\Community Development\Sylvan Products INC Annexation.doc
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Annexation - SKIA
Sylvan Products INC Annexation
EXHIBIT A
LEGAL DESCRIPTION
OF TERRITORY PROPOSED FOR ANNEXATION
TO THE CITY OF BREMERTON
(SYLVAN PRODUCTS INC.)
That portion of the South half of the South half of Section 1, Township 23 North, Range
1 West, W.M., Kitsap County, Washington described as follows:
Commencing at the intersection of the South line of said Section 1 with the southeasterly
line of State Highway No. 14; thence Northeasterly along said Highway 500 feet, more or
less, to the southwesterly line of a tract conveyed March 27, 1941 to Edna C. Cook by
deed recorded October 6, 1945 under Auditor's File No. 414543; thence Southeasterly
along said Cook tract to the south line of said Section 1; thence West along said south
line to the point of beginning;
Except SR 3;
And that portion of the Northeast quarter of the Northwest quarter of Section 12,
Township 23 North, Range 1 West, W.M., Kitsap County, Washington described as
follows:
Commencing at the northeast corner of said subdivision; thence South along the east line
of said Northeast quarter 700 feet, more or less, to the northeast corner of a tract
conveyed October 2, 1942 to Harry Earl by deed recorded under Auditor's File No.
367446; thence Northwesterly along said Earl tract 1040 feet, more or less, to the
intersection of the easterly line of State Highway No. 14 with the north line of the
subdivision; thence East along said north line to the point of beginning;
Except SR 3.
EXHIBIT B
PARCEL MAP
OF TERRITORY PROPOSED FOR ANNEXATION
TO THE CITY OF BREMERTON
(SYLVAN PRODUCTS INC.)
Sylvan Products
Annexation
Exhibit B
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Legend
IiiII Sylvan Products Annexation
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AFFIDA VIT OF P1JBLICA TION
Account # 42742 AD# 248707
STATE OF WASHINGTON
COUNTY OF KITSAP
I, Laura Wessels, being first duly sworn on oath, deposes and says: That she is now, and at all times
embraced in the publication herein mentioned was the principal clerk of the printers and publishers of
KITSAP SUN; that said newspaper has been approved as a legal newspaper by order of the Superior Court
of the County of Kitsap, in which County it is published and is now and has been for more than six months
prior to the date of the publication hereinafter referred to, published in the English language continually as
a daily newspaper in Bremerton, Kitsap County, Washington, a weekly newspaper in Kitsap County,
Washington and is now and during all of said time, was printed in an office maintained in the aforesaid
place of publication of said newspaper; that the following is a true text of a legal advertisement as it was
published inregular issues (and not in supplement form) of said newspaper on the following date, to wit:
June 8, 2009 and that such newspaper was regularly distributed to its subscribers during all of said period.
That the full amount of the fee charged for the foregoing publication is the sum of $50.08. The amount has
not been paid in full. L ~
(Signature of Principal Clerk)
Subscribed and sworn to before me this day ofJune 18, 2009.
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ORDINANCE NO. 5083 .,"...'0...... j",~..""
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AN ORDINANCE of the City Council of the City of Bremerton, Washington, approving the annexation of
certain contiguous lands comprising of approximately 7 acres in the South Kitsap Industrial Area (SKIA)
Urban Growth Area (UGA) known as the Sylvan Products INC., annexation; requiring the assumption of
all of the City's existing indebtedness by the area to be annexed; designating Industrial zoning pursuant to
BMC 20.94; establishing an effective date of the annexation; and designating a Council District for the
annexed area.
PASSED by the City Council the 3rd day of June, 2009
The full text of this ordinance is available from the City Clerk's Office, 345 Sixth Street, Suite 600,
Bremerton, W A 98337.
June 8, 2009...............................AD #20087551