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HomeMy WebLinkAboutR2026-137BOARD OF COLINTY COMMISSIONERS COUNTY OF KITTITAS STATE OF WASHINGTON RESOLUTION NO. 2026 -13 +. 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-xxauthorized the execution of an agreement between Kittitas County and the City of Cle Elum for the revision of corporate boundary for the City s161. Elum; and WIIEREAS: 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 ofthe public, does hereby approves this resolution correcting the scrivener's error in the agreement authorized by Resolution 2026-127 DATED this 4th day of August2026, at Ellensburg, Washington. BOARD OF COUNTY COMMISSIONERS KITTITAS COI.INTY, the Board- Julie Kjorsvik tr Deputy Clerk of the Board- Mandy BuchholzMfr U VoLLa-ytr Commissioner X AGREEMENT CITY OF CLE ELUM---------COUNTY OF KITTITAS REVISION OF CORPORATE BOI.JNDARY 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 ,"u1. line of the same public street, road or highrvalt so as ftllly to incltrde or firlly to excltlde that segment of the puUiic street, road or highway from the corporate limits of the city"; and WIIEREAS, the City of Cle Elum (City) holds an interest in that portion of the State Route 903 (w. Second Streei) 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 depicied 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: l. 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. 1 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. The Mayor of City and the County Engineer of County are jointly designated as responsible for implementing and administering this agreement. The City and County will not acquire any joint property pursuant to this agreement. 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' The parties agreethat the revision to City's corporate boundary is not subject to review by the Kittitai County Boundary Review Board pursuant to RCW 35A.21.210(2) and RCW 36.93.r0s(2). 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' 4. 5 6. ,7 8 DATED: CO BY BY: MATTHEW L ATTEST: H,YORFa COUNTY BOARD OF COMMISSI BOARD AS TO FORM: DEPUTY PROSECUTING ATTORNEY U CITY CLERK APPROVED AS TO FORM: CITY ATTORNEY c01 CrrUttrJ 2 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 Nortb, Range I 5 East' W.M., described as follows: Begilning at t|c lrust Nurthclly cc'rner of I'arccl I( of thot Survcy rccordsd in Book 46 of Survel's, Pages 249-273,records of Kittitas County, Washington; Thence Northeasterly to the mosi Westerlylorner of Parcel I of that Survey recorded in Book 42 of Surveys, pages 74-Ti,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 Lirnits line; Thence Southwesteriy along said City Lirnits 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. J EXHIBIT B "+ ,. \F.:.t(n .1;(.:\.' \. j 'r'{\Et \s:r u ?53 ::lr:l --l .IEGENDi ,l-!-.- l t!-a l!.1 iExtsTtNGcnY iiuunuue : -G.-.- iNEwCITYUMIT| iur,rE,.... . ... I Tru l6rii{'ciiiAir': i8O{JNDARY , iAnJUSIIIENT: iAREA ixririiGcouHw.t t. .ar.aa-raraarnb.r aar-r.l r r r r..aaara. rat.tr.-rrr..rl :ctworcLEeluui CORPORATE M"t. alJl$.t?t ak.4! iP-l-cF91!tr-7t :CITY OF CLE ELUMI I lrosl suRvE s- sl<i frJ: r-S ? ir "t- o,' I Ptmar I 7l9i Atres ApJUSTMENTAREA ...,._-_.....-, --_-._.,.i-. .att-t' A@r ,{"lb CIry OF CLE ELUM SRfi}3 CffiPORATE BOJI\DARY ATUSIilENT . . K|nfr. 19_ P!4rrY, ryllt !!l!_c]gf!niA)HLA itlo3Ri$Rod i Y-.|&Dt.lV .e0S0, ' i' i'droi iiiiFToiit :' .w.l{*irrl,ffi' 4 EXHIBIT C BOARD OF COI.INTY COMMISSIONERS COLINTY OF KITTITAS STATE OF WASHINGTON RESOLUTION NO. 2026 -!?'b AccEpr rrrE crry oF cLE ELU%lfrl6$""13;it#JroRPORATE BOUI\DARY oF rHE WHEREAS: the city of cle 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:anAgreementwasenteredintobytheCityofCleElumandKittitasCountydescribing tr,, pro.lir'zu;il;;;Jt line adjustment on 21't of July, 2026;and WHERE^{S: pursuant to said agreement the City of Cle Elum passed an Ordinance on l4m of July' 2026 inrtiating said adjustment' NOW, THEREFORE BE IT RESOLVED that the Board of county commissioners', in the best interest of the public, does hereby accept iliatry_ of cleElum city's ordinance Number 1731 as the corporate boundary of the City described as fbllows: That portion of SR 903 (also known as w. second St') right of way' lying within the Northeast quarter of Section i'g andthe Northwest quarter of Section 27' Township 20 North, nange 15 East, W'M'' described as follows: Beginning at the most Northerly colner of Parcel K of that survey recorded in Book 46 of surveyq frages 249-273, records of Kittitas County' Washinglon; Thence Northeasterly to the most westerly comer of Parcel I of that Survey recorded in Book 42of Surveys, rug"r l;-ii, ,ecoras oKittitas county, washington, said point being o-n il;N;it";steily right of way line of said SR 903; ThenceSoutheasterlyalongsaidrightofwaylinetotheWesterlyCityofCleElumCity Limits line; Thence southwesterly along said city Limits line to the Southwesterly right of way line ofsaid 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 2lst day of July 2026, atEllensburg' Washington' (., ^; ufl BOARD OF COI]NTY COMMISSIONERS Chairman Brett Wachsmith,Vice-Chairman L,,\L A8SEilT()Iuil \l.l Attest: tr Clerk of the Board- Julie Kj Clerk of the Board-cfoi**",^ 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 TH}- PRUVTSTUNS 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 oftne corporate boundary of the City of Cle Elum (h"ereinafter Agreement) pursuant to RCW 35A.2L210; 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 43.21c.222)and is exempt from review by the Kittitas County Boundary ieview Board pursuant to RCW 35 A.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. $s,sJigd- 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 Seciion 28 and,the Northwest quarter of Section 27, Township 20 North, Range 15 East, WM., described as follows: Beginning ut t6" mosi Northerly comer of Parcel K of that Survey recorded in Book 46 of Surveys, Pages 249-273,records of Kittitas county, washington; Thence Nortireasterly to the most Westerly corner of Parcel 1 of that Survey recorded in Book 42 of Surveys, Pag es 7 4-7 5, records of Kittitas County, Washington, said point being on the Northeasterly right of way line of said SR 903; Thence Southeasterly along *ia rigtrt 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. SeflignJ. All property within the revised corporate boundary shall be assessed and taxed at the salne 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 exrsting as of the date of ann-exation antl be further sul-rject to the indcbtcdncss of thc City of Cle Elum. SeCtiAI3 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. The provisions of this Ordinance are hereby declared tob" ,"lr"ill"lfutty r""tion, subiection, sentence, clause, or phrase of this ordinance or its application to any person or circumstance is for any reason held to be invalid o, .rn"onrtiiutional, the remainder of this Ordinance shall not, as a result of said section, subsection, sentence, clause, or phrase, be held unconstitutional or invalid. SS,SJignS This ordinance shall take effect five (5) days after passage and publicat-on of an approved summary thereof consisting of the title. pASSEDby the city council and approved by the Mayor, this ,t-l day or (,t I t 2026. MATTHEW LLTNDH, MAYOR ATTEST: CITY CLERK Approved as to form: 6 CURTIS C}IAMBERS, CITY ATTORNEY Date of Publication: 7