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TIMELINE OF EVENTS: BOTCHED OSPREY PARK ANNEXATION (As it relates to misrepresentations made by the City during the Willow Run residents' appeal of the Boucher short plat) |
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G.R.I.T. Note: This timeline describes the action and paperwork flow of the Osprey Park annexation, but also includes information on the Boucher short plat and the city's revisions to the short plat process to remove it from public oversight. It's our contention that the city misrepresented the annexation during the Boucher short plat review and decision, and, later, during the appeal by 54 Willow Run residents of the city's decision. Additionally, we believe the city's rush to revise the short plat code (which eliminated public input on short plats, Ord. 777) played a part in the city's dilemma over how to correct errors in the Osprey Park's legal description, and resolved sticky, tricky issues of the Boucher short plat. In short, the city (as well as Hearing Examiner Galt, through either omission or commission) misrepresented the ill-fated Osprey Park annexation, and its negative effects on the Boucher short plat, during the residents' appeal hearing. We therefore contend that because of these misrepresentations, the Willow Run residents should be relieved of all financial burdens for city expenses incurred during their appeal, as well a $1,500 refund for appeal fees paid. Moreover (and perhaps even more apropos and judicious, the city should recompense the Willow Run residents' for their attorney fees at this hearing. INDEX OF EVENTS To access all documents of the Osprey Park annexation Ordinance 740-00 (and the revised version 740-01), access ittakesgrit.org's webpage, "Annexations." For documents on the Boucher short plat and appeal process referred to herein, go to the "Boucher" webpage on the ittakesgrit.org website.
DETAIL OF EVENTS 12/27/99 LETTER FROM GARY BOURNE, BERRYMAN & HENIGER to L. KOENIG (re ownership) EXCERPT FROM LETTER: "During research of the legal boundaries of this parcel to be annexed, we uncovered information that would indicate there is a strip of private ownership on either side of First Street (Trout Farm Road). It is my opinion this ownership should be resolved in order that the City have title to any property between Osprey Park (Tract 999, Riverwood) and 1st Street. In addition, ownership of the strip east of First Avenue Should also be resolved. In order to resolve these questions, a title report of the abstract of Gov Lot 6 (now Tract 999) should be ordered to identify original owners and any heirs in an effort to obtain quit claim deeds." (back to top/index) G.R.I.T. Note: We could find no documents at the county verifying city acquisition of the Boucher sliver or the two small parcels south of that sliver. And according to the county assessor's office, all three parcels were included in both the original, and amended, Osprey Park annexation's legal description. 2/14/00 - Public Hearing for Ord. 740, Osprey Park Annexation EXCERPT FROM MINUTES: PUBLIC HEARING - Osprey Park Annexation: The Public Hearing the annexation of property located north of Osprey Park into the city for park purposes was opened by Mayor Rowe. The Mayor reviewed the procedures for the public hearing and asked if there were any objections to any member of the Council participating in the hearing. Staff review of purpose for the annexation and the park improvement projects. Charlie Knapp: Adjacent property owner expressed concern about access to his property through the park. Supports park and preservation of the wetlands, but has had some vandalism of property in the past. Staff advised that measures will be taken to protect his property as part of the park improvement project. On a motion by Councilmember [Bob] Ostrom, seconded by Councilmember Raney, the public hearing was closed. All ayes. (back to top/index) 2/28/00 - 0RDINANCE 740-00 APPROVED BY COUNCIL
EXCERPT FROM MINUTES: Ordinance 740-00 Osprey Park Annexation: On a motion by Councilmember [Carolyn] Eslick, seconded by Councilmember McPherson, Ordinance 740-00, Osprey Park Annexation, was adopted with the seconding waived. All ayes. G.R.I.T. Note: There were two significant problems with Ord. 740-00. First, the ordinance stipulated that "the annexation includes only city-owned properties to be used…." This was not the case. As mentioned above, there were three non-city-owned parcels included in the legal description of the ordinance, one of which was owned by Edward (Chico) Boucher (later added to Boucher's short plat application amended and "refiled" April, 2002. The second problem was a "minor" (as termed by the city) mistake in the ordinance's legal description which resulted in the city annexing the three small areas south of Trout Farm Road and west of Trout Farm Road/First Street, while excluding the Lion's share 30-acre Tract 999 located west of those three parcels. The city's legal description annexed property "In section 32" from Trout Farm Road/First Street's east boundary, westward, but never included Section 31, in which the Lion's share of the Osprey Park annexation was located. (back to top/index) 8/15/01 - Ordinance 740-00 AMENDED AND APPROVED BY COUNCIL as Ordinance 740-01. Submitted to county as 740-00. EXCERPT FROM MINUTES: Item shown
in Agenda: Description of Consent Agenda Item C-7: Agenda Item #: Consent C 7 SUBJECT: Ordinance 740-01 Annexation of Park Property CONTACT PERSON: Laura J. Koenig, Clerk/Treasurer SUMMARY STATEMENT: The legal description on the Osprey Park annexation has been corrected by Snohomish County and it necessary to record the ordinance with the corrected legal. The City Attorney as recommended that the ordinance be readopted as amended. The change was a minor one in the first line of the legal. It was changed from "that portion of Section 32.." to read "that portion of Section 31 and Section 32.." FISCAL IMPACTS: RECOMMENDATION: Re-adoption of Ordinance 740-01 as amended to correct the legal description of the property. G.R.I.T. NOTE: A pertinent question is, "Why didn't the city forward this amended and approved ordinance to the county in a timely manner?" Keep in mind the Boucher short plat process was being closely scrutinized during this time period, caught up in environmental reviews, establishment of mitigation plans, et al. And since the Boucher sliver was included in the annexation's legal description, they had to deal with the short plat issue first. (back to top/index) 1-16-02: PASSAGE OF ORD. 770 (making short plats an administrative decision with no public hearing) REVISIONS) The City pushed to revise the review and approval authority on short plats. This ordinance removed public input from the process (i.e., eliminated the public hearing) and made this an administrative decision by city staff. Another benefit to the city (as opposed to citizens) is that any party wishing to appeal the city decision now had to pay $1,500 in up-front appeal fees, hire their own attorney, and, if the appeal was denied, pay all city-incurred expenses. (back to top/index) 6-5-02: PASSAGE OF ORD. 770, CITY DEDICATION OF LAND 6-6-02: CITY DECISION ON BOUCHER SHORT PLAT ISSUED Authored by Paul Inghram of B&H, the City "handled" the Boucher triangular-shaped parcel of land that was to be dedicated to the city as part of the Boucher short plat, but whose legal description comprised the entirety of the Osprey Park Ord. 740-00 as approved and filed with the county, by stating the following in their decision on the short plat: "…the applicant has submitted a letter dated February 8, 2002 (Attachment R), proposing to dedicate the property to the City's riparian park system. The City Council would need to approve the dedication to accept ownership of the property." Ordinance 740-00 language stipulated: The annexation includes only city-owned properties to be used for park purposes." (back to top/index) 6-17-02: FILING OF APPEAL OF CITY DECISION ON BOUCHER SHORT PLAT BY 54 WILLOW RUN RESIDENTS A crucial element of the residents' appeal was the legal sufficiency and legal status of the Boucher property, a key portion of which was the triangular-shaped parcel south of Trout Farm Road, west of First Street. It was the residents contention that this parcel was part of the Osprey Park annexation, approved by Ord. 740-00. The City purposefully misrepresented this Boucher parcel by taking the position that it was not part of the annexed area, despite the amended language approved and passed by council on 8-15-01 as Consent Agenda Item C-7, and Gary Bourne's earlier (12/99) caution to the City that properties were included in the legal description but not owned by the City of Sultan, a prime requisite of the ordinance. (back to top/index) NOTE FROM 6-19-02 G.R.I.T. UPDATE REPORT: "Boucher Dedication of 18,000 s.f. for park: One of the action items is a vote on whether or not to accept this triangular-shaped parcel abutting Trout Farm/1st Avenue and annex it into Osprey Park. From the records accessed through the Snohomish County Auditor, it appears this land was already annexed into the city as part of a 35-acre park Osprey Park expansion a couple of years ago. It’s quite inappropriate for this item to be considered with the residents’ appeal of the short-plat proposal on the table." (back to top/index) 6-19-02 COUNCIL AGENDA ITEM A-7 - BOUCHER DEDICATION OF LAND (Deleted from the agenda at the beginning of the council meeting.) "ITEM NO Action A 7 DATE: June 19, 2002 SUBJECT: Request from Mr. Edward Boucher to dedicate approximately 17,976 SF (.4-acres) of property, for riparian park purposes, located at the southwest corner of First Street and Trout Farm Road, and adjacent to Osprey Park. (Location map attached) CONTACT PERSON: Rick Cisar, Planning Director SUMMARY: Mr. Boucher submitted the attached letter in conjuction with his proposed 4-lot short plat, currently under final review, located at the northwest corner of First Street and Trout Farm Road. Previous to the submission of the short plat, the dedication of the property was discussed with Staff as far back as 1999. Mr. Boucher would like to see this area protected and preserved and provide additional property for the extension of a future trail system along First Street. Note: Mr. Boucher’s request was submitted prior to Ordinance 777-02 requiring a Public Meeting and Notification. FISCAL IMPACT: Expansion of park system and associated ownership and maintenance responsibilities. RECOMMENDED ACTION: Appears to be a logical addition to Osprey Park. Accept dedication of property and incorporate into Master Plan for Osprey Park. 7-5-02: The City's response to the WR residents' assertion regarding clouded title of the Boucher SP: "The entire area of the subject property is shown as within the city limits on the county map included in the Staff Report and Decision. To further verify that the area south of Trout Farm Road is within the city limits, a copy of the Osprey Park Annexation ordinance and a copy of a letter from Gary Bourne, Acting City Engineer, to Laura Koenig, City Clerk, with legal description of the annexation are attached. In short, the legal description of the annexation area includes all land between First Street (sometimes referred to as an extension of Trout Farm Road) and the Sultan River, from the previous city limits north to the quarter-section line. The Lion's share of this area is Tract 999 of the Riverwood Plat. However, as Mr. Bourne’s letter indicates, the annexation area also includes a strip of private ownership between Osprey Park (Tract 999) and First Street." With this statement, the city misrepresents the residents' assertions of clouded title by focusing attention away from the ordinance language prohibiting the annexation of anything but city-owned land, and instead arguing whether or not the land was located inside the city. This also diverted attention away from the fact that the Osprey Park annexation was not yet finalized with the county, and could not be until the issue of the Boucher-owned land was resolved during the short plat process, and later, through Boucher's land dedication. (back to top/index) 7-24-02: HEARING EXAMINER GALT'S DECISION on the appeal by 54 Willow Run residents of the City's decision on the Boucher short plat, relative to residents' assertions of cloudy title insofar as Osprey Park is concerned, stated the following: "The southern tip [of Boucher's property] was included in the Osprey Park annexation and is located within the City. The Osprey Park annexation occurred before the Boucher short subdivision application was filed. The annexation legal description includes not only Riverwood Tract 999, but also the southern tip of Parcel 2-064. (Had it not, a tiny "island" of unincorporated land surrounded by the City would have been created.) The entire property has been within the City at all times material to the application. "Residents also seem to be convinced that if the southern tip of Parcel 2-064 was a part of the Osprey Park annexation, it could not have been owned by Boucher. The logic behind this allegation is unclear. An annexation may (and usually does) consist of properties owned by a variety of persons. It is the exception, rather than the rule, that a municipal annexation involves property owned by only one person. That the property of many persons is annexed in one action does not in any way affect the title to the annexed properties." Examiner Galt echoed the city's position. He focused attention away from the real issues of the Osprey Park annexation and the clouded title issue, instead addressing the timing of the annexation and the fact that privately-owned properties may be included in annexations. First, the annexation ordinance had not, technically, been approved by the City when the Boucher Short Plat was first filed. The Notice of Application on the original Boucher Short Plat was August 3, 2000, and Ord. 740 was not technically finalized by city by making the "minor" correction to the legal description) until August 15, 2001. The annexation had not been finalized by the county, however, until it was hand-delivered to the county December 12, 2002, after the Boucher land dedication to the city occurred on September 4, 2002. Second, Galt focuses attention on the fact that the Boucher parcel (yet never mentions the other two privately-owned parcels), was able to be annexed, rather than whether or not it was annexed. Third, Galt confirms that the Boucher sliver was included within the legal description of the Osprey Park annexation, proving the residents' argument of cloudy title and the significant, but carefully-avoided fact, that the sliver had never been dedicated to the city, despite the ordinance's language requiring it. Last, Galt never addresses the key fact here: That Ord. 740 states "only city-owned properties" were to be annexed. (back to top/index) 9-4-02 CITY ACCEPTANCE OF BOUCHER LAND DEDICATION ITEM NUMBER: Action A 7 DATE: September 4, 2002 SUBJECT: Request from Mr. Edward Boucher to dedicate approximately 17,976 SF (.4 acre) of property, for riparian park purposes, located at the southwest corner of First Street and Trout Farm Road, and adjacent to Osprey Park. (Location map attached) CONTACT PERSON: Rick Cisar, Planning Director SUMMARY: This request was tabled at the August 21, 2002 City Council Meeting pending review of available Survey and Title information for the subject property. Mr. Boucher submitted the attached letter in conjuction with his Approved 4-lot Short Plat (July 24, 2002) located at the northwest corner of First Street and Trout Farm Road. Previous to the submission of the Short Plat, the Dedication of the Property was discussed with Staff as far back as 1999. Mr. Boucher would like to see this area protected and preserved and provide additional property for the extension of a future trail system along First Street. Note: Mr. Boucher request was submitted prior to Ordinance 777-02 requiring a Public Meeting and Notification and has been postponed pending Appeals of his subdivision. FISCAL IMPACT: Expansion of Park System and Associated Ownership and Maintenance Responsibilities. RECOMMENDED Appears to be a logical addition to Osprey Park. Accept ACTION: dedication of property, based on attached survey, map, and Short Plat Certificate. ATTEMPTS BY COUNTY TO OBTAIN CORRECT ORDINANCE FROM CITY (Beginning 12/12/00 through 12/12/02): Numerous calls by Snohomish County employees (at the BRB and the assessor's office) were made to the City of Sultan during this two-year period, requesting that the City finalize the Osprey Park annexation by sending the approved and amended ordinance No. 740. One assessor employee clearly remembered a conversation with Gary Bourne "at least one year prior to receipt of the amended ordinance," during which the employee urgently requested Mr. Bourne's assistance to help finalize the transaction. This same employee confirmed that the approved ordinance was delivered to the county by City Clerk Laura Koenig December 12, 2002. ___________________________________ G.R.I.T. END NOTE: Other problems with this annexation involved the timely transition and assignment of tax I.D. and an extraordinary amount of city and county staff time, as well as consultants' time, dealing with the errors and misrepresentations. Also, there still remains unresolved questions related to ownership/title of the two parcels located south of Boucher's newly-annexed sliver of property. |