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HomeMy WebLinkAboutStaff Report Cle Elum Corporate Limits SR903 KITTITAS COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA STAFF REPORT AGENDA DATE: August 4, 2026 ACTION REQUESTED: Request to Approve a Resolution Correcting a Scrivener’s Error on the Agreement Between Kittitas County and the City of Cle Elum for the Revision of Corporate Boundary for the City of Cle Elum Approved by Resolution 2026-127 BACKGROUND: On July 21, 2026, under Resolution 2026-127, the Board of County Commissioners Authorized the Execution of an agreement between Kittitas County and the City of Cle Elum for the revision of a corporate boundary. After processing of documents, it was discovered that the Agreement referenced the incorrect Exhibit. The Agreement referenced Exhibit C in Section 1 and should have referenced Exhibit D. This action corrects said scrivener’s error and allows for finalization of documents completing the corporate boundary change. INTERACTION: Public Works, The City of Cle Elum RECOMMENDATION: Approve a Resolution Correcting a Scrivener’s Error on the Agreement Between Kittitas County and the City of Cle Elum for the Revision of Corporate Boundary for the city of Cle Elum approved by Resolution 2026-127 HANDLING: Return One original to Public Works ATTACHMENTS: Resolution, Agreement LEAD STAFF: Josh Fredrickson, Director BOARD OF COUNTY COMMISSIONERS COUNTY OF KITTITAS STATE OF WASHINGTON RESOLUTION NO. 2026 -_____ CORRECTING A SCRIVENER’S ERROR ON THE AGREEMENT BETWEEN KITTITAS COUNTY AND THE CITY OF CLE ELUM FOR THE REVISION OF CORPORATE BOUNDARY FOR THE CITY OF CLE ELUM APPROVED BY RESOLUTION 2026-127 WHEREAS: Kittitas County Resolution 2026-xx authorized the execution of an agreement between Kittitas County and the City of Cle Elum for the revision of corporate boundary for the City of Cle Elum; and WHEREAS: After Resolution 2026-127 was approved an error in said agreement was discovered; and WHEREAS: Said agreement referenced Exhibit C in Section 1 and should have referenced Exhibit D; and WHEREAS: This resolution is intended to correct the scrivener’s error in the agreement to reflect the correct reference to Exhibit D. NOW, THEREFORE BE IT RESOLVED that the Board of County Commissioners, in the best interest of the public, does hereby approves this resolution correcting the scrivener’s error in the agreement authorized by Resolution 2026-127 DATED this 4th day of August 2026, at Ellensburg, Washington. BOARD OF COUNTY COMMISSIONERS KITTITAS COUNTY, WASHINGTON ________________________________ Chairman Attest: ☐ Clerk of the Board- Julie Kjorsvik ________________________________ Vice-Chairman ☐ Deputy Clerk of the Board- Mandy Buchholz _______________________________ ________________________________ Commissioner AGREEMENT CITY OF CLE ELUM --------- COUNTY OF KITTITAS REVISION OF CORPORATE BOUNDARY WHEREAS, RCW 35A.21.210 authorizes code cities and counties to revise any part of a corporate boundary of a city which "coincides with the centerline, edge, or any portion of a public street, road or highway right of way by substituting therefore a right of way line of the same public street, road or highway so as fully to include or fully to exclude that segment of the public street, road or highway from the corporate limits of the city"; and WHEREAS, the City of Cle Elum (City) holds an interest in that portion of the State Route 903 (W. Second Street) right-of-way located within the Northeast Quarter of Section 28 and the Northwest Quarter of Section 27, Township 20 North, Range 15 East, W.M., as more particularly described herein; and WHEREAS, the westerly portion of the State Route 903 right-of-way is located outside the City limits, while adjacent lands and roadway segments are situated within both incorporated City limits and unincorporated Kittitas County; and WHEREAS, the City seeks to adjust its corporate boundary to include the westerly right- of-way line of State Route 903 in coordination with Kittitas County; and WHEREAS, the City of Cle Elum desires to apply City urban design standards to this segment of SR 903; and WHEREAS, the area subject to the proposed corporate boundary adjustment is legally described on Exhibit A and depicted on Exhibit B, both attached hereto and incorporated herein by this reference (the "Right -of -Way"); and WHEREAS, the Right of Way was not included with previous annexations; and WHEREAS, the City and the County have the authority to enter into this agreement pursuant to RCW 35A.21.210; NOW THEREFORE, City and County agree as follows: City shall pass an Ordinance in the form attached hereto as Exhibit D revising the City's corporate boundary by authority of this agreement to include the real property described on Exhibit A and depicted on Exhibit B. 2. County shall pass a Resolution in the form attached hereto as Exhibit C approving the City's Ordinance revising its corporate limits to include the property listed on Exhibit A and depicted on Exhibit B. 3. The revision of the City's corporate boundary will not become effective until the County's Resolution is passed by the Kittitas County Commissioners and the City's Ordinance is passed by the City Council. 4. The Mayor of City and the County Engineer of County are jointly designated as responsible for implementing and administering this agreement. 5. The City and County will not acquire any joint property pursuant to this agreement. 6. Should a dispute arise regarding this agreement, the parties hereto shall first meet and attempt in good faith to resolve their differences. In the event a mutually agreed resolution is not reached, then the parties shall submit this matter to binding arbitration in accordance with the rules of the American Arbitration Association. 7. The parties agree that the revision to City's corporate boundary is not subject to review by the Kittitas County Boundary Review Board pursuant to RCW 35A.21.210(2) and RCW 36.93.105(2). 8. This agreement may be amended or modified only by written agreement duly executed by the parties hereto. This agreement is executed in duplicate originals. One original shall go to each party. The City shall record this agreement with the Kittitas County Auditor after it has been approved by City and County. DATED: COUNTY BY: CHAIR OF THE KITTITAS COUNTY BOARD OF COMMISSIONERS ATTEST: CLERK OF THE BOARD APPROVED AS TO FORM: DEPUTY PROSECUTING ATTORNEY 'Fly . ATTEST: CITY CLERK APPROVED AS TO FORM: CITY ATTORNEY EXHIBIT A DESCRIPTION OF RIGHT OF WAY TO BE INCORPORATED That portion of SR 903 (also known as W. Second St.) right of way, lying within the Northeast quarter of Section 28 and the Northwest quarter of Section 27, Township 20 North, Range 15 East, W.M., described as follows: Beginning at the most Northerly corner of Parcel K of that Survey recorded in Book 46 of Surveys, Pages 249-273, records of Kittitas County, Washington; Thence Northeasterly to the most Westerly corner of Parcel 1 of that Survey recorded in Book 42 of Surveys, Pages 74-75, records of Kittitas County, Washington, said point being on the Northeasterly right of way line of said SR 903; Thence Southeasterly along said right of way line to the Westerly City of Cie Elum City Limits line; Thence Southwesterly along said City Limits line to the Southwesterly right of way line of said SR 903; Thence Northwesterly along said right of way line to the Point of Beginning; Situate in Kittitas County, State of Washington. 3 EXHIBIT B .... ....... TT TAS COUNTY ............................... ♦ 'CITY OF CLE ELUM: _-AWL, . ..... - ------ ....... ....... . • ---- --- - ------- ♦ MOST WESTERLY CORNER OF ♦ PARCEL 1, W. 42 OF SURVEYS. CORPORATE OUNDARY ADJUSTMENT AREA 7.9± Acres *• o" MOST NORTHERLY CORNER OF PARCEL K. BK. 46 OF SURVEYS. PAGES 249-273 .. . .. .......... Al l ........... aw CITYOFCLEELUM; .......... ....... .... 16 WESTERN ifliE -CITY OF.-------------- -CLE. EL?M.CRY LIMITS Vo. E T - E ------------- * LEGEND EXISTING CITY :LIMIT LINE NEW CITY LIMIT:: ;:LINE ..... . . .. ........ . -------------------- - :CORPORATE :BOUNDARY ADJUSTMENT' AREA ..... ................. 2803 R Road FILE T Cl YabM WA qW- • SM3 CORPORATE BOUNDARY ADJUSTMENT H LA T r 141TWAS COUNTY, WASFVNGTON - ------ ---- CO ........... ... ......... ........ ......... ELIEl' E T F TY OF CLE ELUM EXHIBIT C BOARD OF COUNTY COMMISSIONERS COUNTY OF KITTITAS STATE OF WASHINGTON RESOLUTION NO. 2026 - i 2-S ACCEPT THE CITY OF CLE ELUM UPDATE TO THE CORPORATE BOUNDARY OF THE CITY OF CLE ELUM WHEREAS: the City of Cie Elum (City) is the owner of a right of way located on State Route 903, adjacent to the City limits; and WHEREAS: the City desires to have the corporate boundary line adjusted to include the right of way within City limits; and WHEREAS: an Agreement was entered into by the City of Cie Elum and Kittitas County describing the process for said boundary line adjustment on 21 s` of July, 2026; and WHEREAS: pursuant to said agreement the City of Cie Elum passed an Ordinance on 14t' of July, 2026 initiating said adjustment. NOW, THEREFORE BE IT RESOLVED that the Board of County Commissioners, in the best interest of the public, does hereby accept the City of Cie Elum City's Ordinance Number 1731 as the corporate boundary of the City described as follows: That portion of SR 903 (also known as W. Second St.) right of way, lying within the Northeast quarter of Section 28 and the Northwest quarter of Section 27, Township 20 North, Range 15 East, W.M., described as follows: Beginning at the most Northerly corner of Parcel K of that Survey recorded in Book 46 of Surveys, Pages 249-273, records of Kittitas County, Washington; Thence Northeasterly to the most Westerly corner of Parcel 1 of that Survey recorded in Book 42 of Surveys, Pages 74-75, records of Kittitas County, Washington, said point being on the Northeasterly right of way line of said SR 903; Thence Southeasterly along said right of way line to the Westerly City of Cie Elum City Limits line; Thence Southwesterly along said City Limits line to the Southwesterly right of way line of said SR 903; Thence Northwesterly along said right of way line to the Point of Beginning; Situate in Kittitas County, State of Washington. Together with the current City Limits. DATED this 21 st day of July 2026, at Ellensburg, Washington. Attest: ❑ Clerk of the Board- Julie Kjorsvik o It Llrs* Deputy Clerk of the Board - BOARD OF COUNTY COMMISSIONERS KITTITAS LINTY, WASHINGTON ory right, Chairman ABSENT Brett Wachsmith, Vice -Chairman Lau si a C issioner EXHIBIT D ORDINANCE NO. 1731 AN ORDINANCE OF THE CITY OF CLE ELUM, WASHINGTON, REVISING THE CORPORATE BOUNDARY OF THE CITY OF CLE ELUM TO INCLUDE A PORTION OF STATE ROUTE 903. THE ORDINANCE ALSO DECLARES THAT THE PROVISIONS OF THE ORDINANCE ARE SEVERABLE FROM ONE ANOTHER AND SETS FORTH THE EFFECTIVE DATE OF THE ORDINANCE AND PROVIDES FOR PUBLICATION BY SUMMARY. WHEREAS, the City of Cle Elum and the County of Kittitas have entered into an Agreement for the revision of the corporate boundary of the City of Cle Elum (hereinafter Agreement) pursuant to RCW 35A.21.210; and WHEREAS, the City of Cle Elum must pass an Ordinance to revise its corporate limits in compliance with the Agreement; and WHEREAS, this action is exempt from review under the State Environmental Policy Act (RCW 43.21 C.222) and is exempt from review by the Kittitas County Boundary Review Board pursuant to RCW 35A.21.210(2) and RCW 36.93.105(2); and WHEREAS, the revision of the corporate boundary of the City of Cle Elum to include the property described below is consistent with the City's Comprehensive Plan since the adjusted area is ADJACENT TO EXISTING PROPERTIES WITHIN THE CITY LIMITS. Section 1. The corporate limits of the City of Cle Elum are hereby revised to include the following described real property which consists of roadway and road right- of-way That portion of SR 903 (also known as W. Second St.) right of way, lying within the Northeast quarter of Section 28 and the Northwest quarter of Section 27, Township 20 North, Range 15 East, W.M., described as follows: Beginning at the most Northerly corner of Parcel K of that Survey recorded in Book 46 of Surveys, Pages 249-273, records of Kittitas County, Washington; Thence Northeasterly to the most Westerly corner of Parcel 1 of that Survey recorded in Book 42 of Surveys, Pages 74-75, records of Kittitas County, Washington, said point being on the Northeasterly right of way line of said SR 903; Thence Southeasterly along said right of way line to the Westerly City of Cle Elum City Limits line; 5 Thence Southwesterly along said City Limits line to the Southwesterly right of way line of said SR 903; Thence Northwesterly along said right of way line to the Point of Beginning; Situate in Kittitas County, State of Washington. TOGETHER WITH THE CURRENT CITY LIMITS. Section 2. All property within the revised corporate boundary shall be assessed and taxed at the same rate and on the same basis as property within the City, including assessments for taxes and payment of any bonds issued or debts contracted prior to or existing as of the date of annexation and be further subject to the indebtedness of the City of Cle Elum. Section 3. From and after the effective date of this Ordinance, the above - described property shall be subject to all of the laws and ordinances then and thereafter in force and effect of the City of Cle Elum. Section 5. SEVERAB I,ITY. The provisions of this Ordinance are hereby declared to be severable. If any section, subsection, sentence, clause, or phrase of this ordinance or its application to any person or circumstance is for any reason held to be invalid or unconstitutional, the remainder of this Ordinance shall not, as a result of said section, subsection, sentence, clause, or phrase, be held unconstitutional or invalid. ection 6. This ordinance shall take effect five (5) days after passage and publication of an approved summary thereof consisting of the title. PASSED by the City Council and -3U t , 2026. ATTEST: ;E'7'-�y-N--11 CITY CLERK Approved as to form: approved by the Mayor, this day of MATTHEW LUNDH, MAYOR CURTIS CHAMBERS, CITY ATTORNEY Date of Publication: