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Ordinance No. 00-04 CITY OF TIGARD,OREGON ORDINANCE NO.2000-Dk/ *AN ORDINANCE ADOPTING FINDINGS AND CONCLUSIONS TO APPROVE AN ANNEXATION (ZCA) 99- 00007 -- AREA 2 - -WALNUT ISLAND ANNEXATION AND WITHDRAWING PROPERTIES FROM THE TIGARD WATER DISTRICT, WASHINGTON COUNTY ENHANCED SHERIFF'S PATROL DISTRICT, WASHINGTON COUNTY URBAN ROADS MAINTENANCE DISTRICT, WASHINGTON COUNTY STREET LIGATING DISTRICT#1,AND THE WASHINGTON COUNTY VECTOR CONTROL DISTRICT. WHEREAS,the City of Tigard is authorized by ORS 222.750 to annex property not inside the City which is surrounded by the corporate boundaries of the City;and WHEREAS,the City of Tigard is authorized by ORS 222.120(5)and ORS 222.520 to withdraw properties which currently lie within the boundary of the Tigard Water District, Washington County Enhanced Sheriffs Patrol District, Washington County Urban Roads Maintenance District, Washington County Street Lighting District #1, and the Washington County Vector Control District upon completion of the annexation;and WHEREAS,the Tigard City Council held a public hearing on December 7, 1999 to initiate annexation proceedings and on February 8,2000 to consider the annexation of 88 parcels of land consisting of 46.5 acres and withdrawal of said properties from the Tigard Water District, Washington County Enhanced Sheriffs Patrol District, Washington County Urban Roads Maintenance District, Washington County Street Lighting District#l,and the Washington, County Vector Control District; and WHEREAS,Pursuant to ORS 222.520(2)the City is liable to the Tigard Water District for certain debt obligations,however, in this instance the District has no debt for the City to assume,therefore,no option regarding the assumption of debt needs to be made; and AINWBEREAS,pursuant to Metro 3.09 Local Government Boundary Changes,ORS 222.120,222.524 and ORS 227.175,notice 'MFvas given and the City held a public hearing on February 8,2000 on the issue of the annexation into the City and withdrawal of those annexed properties from the Tigard Water District, Washington County Enhanced Sheriffs Patrol District, Washington County Urban Roads Maintenance District, Washington County Street Lighting District#1,and the Washington County Vector Control District upon completion of the annexation; and WHEREAS, pursuant to ORS 222.524, the City must declare the withdrawal of annexed properties from the Tigard Water District, Washington County Enhanced Sheriffs Patrol District, Washington County Urban Roads Maintenance District, Washington County Street Lighting District#1,and the Washington County Vector Control District upon completion of the annexation by Ordinance;and WHEREAS,the Tigard Development Code states that upon annexation,the zone is automatically changed to the City zoning most closely conforming to the County zoning;and WHEREAS,the equivalent zoning district to the Washington County R-4.5 is City of Tigard R-4.5;and WHEREAS, the annexation has been processed in accordance with the requirements of Metro 3.09 Local Government Boundary Changes,the Tigard Development Code and Comprehensive Plan and the applicable criteria are found to be met; and WHEREAS,the City Council has carefully considered the testimony at the public hearing and determined that the annexation into the City of Tigard and withdrawal of the Tigard Water District, Washington County Enhanced Sheriffs Patrol District, Washington County Urban Roads Maintenance District,Washington County Street Lighting District#1,and the Washington County Vector Control District upon completion of the annexation is in the best interest of the City of Tigard and the affected roperties. OW,TIIEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS: ORDINANCE NO.2009 is\citywide\ord\Walnut Island Area-l.ord Page 1 of 2 Julia P H 18-January 2000 5:30 PM SECTION 1: The City Council adopts the findings and conclusions in the staff report and in accordance with the Metro 3.09 requirements,the City Council specifically adopts the findings and conclusions regarding the Metro 3,09 criteria on page 3 of the staff report,which is attached as Exhibit"A"of this Ordinance. SECTION 2: The Tigard City Council hereby annexes the parcels described in Exhibit "B" and shown in Exhibit "C" and withdraws said parcels from the Tigard Water District, Washington County Enhanced Sheriffs Patrol District,Washington County Urban Roads Maintenance District,Washington County Street Lighting District #1,and the Washington County Vector Control District. SECTION 3: Upon annexation,the affected properties shall be designated as follows: Current Comarehensive Plan Designation and Zoning Wa.Co.R-4.5 Equivalent City of Tigarrd_Comnrehensive Plan Designation and Zoning City of Tigard R-4.5 SECTION 4: This ordinance shall be effective 30 clays after its passage by the Council,signature by the Mayor and posting by the City Recorder. SECTION 5: The City Recorder is hereby directed to file certified copies of the Ordinance with Metro for administrative processing. SECTION 6: Pursuant to ORS 222 455, the effective date of the ithdrawad of these properties finm. «the Tigard `.dater District shall be July 1,2000. SECTION 7: Pursuant to ORS 222.120, the effective date of the withdrawal of these properties from the Washington County Enhanced Sheriffs Patrol District,Washington County Urban Roads Maintenance District, Washington County Street Lighting District#1,and the Washington County Vector Control District shall be the effective date of the annexation. SECTION S: In accordance with ORS 222.180,the annexation shall be effective upon filing with the Secretary of State. PASSED: By i1 M MO S vote of all Council members present after being read by number and title only, this day of 2000. a erine heatley,City Recorder 61 APPROVED: By Tigard City Comicil this g�ay of_ 2000. proved asTm* Brian J. Moore, Council President ty Attorney © y Date Is ORDINANCE NO.2000- is\citywide\ord\Wainut Island Area-Lord Page 2 of 2 Julia P H 18-January 2000 5:30 PM y a EX141: Staff has determined that the proposal is consistent iota the relevant portions of the Community Development Code based on the following findings: Section 19.320.020: This Section addresses approval standards for annexation proposals and is satisfied because: The applicable Comprehensive Plan Policies and Community Development Code provisions have been reviewed and satisfied as previously indicated in this report. When the City took responsibility for Urban Services through the Urban Services Agreement, the County re-zoned the properties to the equivalent City of Tigard zoning at that time, therefore the appropriate City zoning is already attached o the properties. Metro 3.09 requires the additional standards to be addressed in annexation decisions, in addition to the local ?nd state review standards. These are addressed and satisfied as discussed below: Consistency with the directly applicable provisions in an urban service provider agreement or annexation plan adopted pursuant to ORS 195.065; The processing has been done consistent with applicable Urban Service Provider agreements. Consistency with directly applicable provisions of urban planning or other agreement, other than agreements adopted pursuant to ORS 195.065, between the affected entity .and a necessary party; The process required by the Development Code and comprehensive plan is consistent with the Urban Planning Agreement for annexations. Consistency with specific directly applicable standards or criteria for boundary changes contained in comprehensive land use plans and public facility plans; This has been dis-Cussed previously in this report and, as discussed, it satisfied. Consistency with specific directly applicable standards or criteria for boundary changes contained in the Regional Framework PI-an or any functional plans; Because the development code has been amended to comply with applicable Metro functional plan requirements, by complying with the development code and comprehensive plan, the annexation is consistent with applicable functional plan and Regional Framework plan. Whether the proposed changes will promote or not interfere with the timely, orderly and economic provisions of public facilities and services; The proposed annexation will not interfere with the provisions of public facilities or services because the City of Tigard completely surrounds the subject parcels. Because the City surrounds the walnut island area, the proposed annexation will facilitate more orderly provision of public services than is currently the case and will eliminate confusion regarding service providers in this area. If the proposed boundary change is for annexation of territory to Metro, a determination by Metro Council that the territory should be included in the Urban Growth Boundary shall be the primary criterion for approval; The subject property is already within the Metro boundaries. Consistency with other applicable criteria for the in question under state and local law. Consistency with other applicable criteria has been discussed previously in this report. STAFF REPORT TO THE CITY COUNCIL PAGE 3 OF 4 e� Gtr tri�CA ay-wvcu WALNUT iouANw rvvncnr+i wN c`acvw ruoLi,ricArcnw EXHIBIT B Description 2 A tract of land situated in Section 3, Township 2 South, Range 1 West, Willamette Meridian,Washington County,Oregon being more particularly described as follows: Beginning at the southwest corner of the plat of Wilderness;thence N 24° 38'00"W,along said the westerly line of the Plat of Wilderness recorded in Book 40 Page 48 of the Washington County Subdivision Records,a distance of 357.14 feet to the angle corner in the Plat of Wilderness; thence N 000 48'2711 E,along said westerly line, a distance of 140.25 feet to the northwest comer of said Plat; thence N 89° 03'00"E,along the north line of said Plat,a distance of 451.55 feet to the northeast comer of said Plat; thence S 000 47' 00" W, along the easterly line of said Plat and the extension thereof,a distance of 483.04 feet to the center line of S.W. Fonner Street; thence N 870 59'00"E, along said Street, a distance of 137.97 feet; thence N 631 38' 00" E, along said center line, a distance of 582.04 feet; thence N 53° 38'00"E,along said center line,a distance of 211.60 feet; thence S 000 57' 00" W a distance of 14.47 feet to the point on the extension of the westerly line of Yolo Estates recorded in Book 47 Page 35 of the Washington County Subdivision Records; thence N 46° 11'43"E,along said westerly line,distance of 413.78 feet; thence N 74° 18' 16" W a distance of 189.56 feet; thence N 89° 03' 16"W a distance of 90.55 feet to the easterly right of way of SW Fonner Street; thence S 00°57' W,along said easterly right of way, a distance of 80.00 feet; thence N 89 13' 00" W a distance of 40.00 feet to the westerly right of SW Fonner Street; thence N 00"57'E,along said westerly right of way,a distance of 79.2 feet to the northerly right of way of SW Errol Street; thence N 890 13' E, along said northerly right of way, a distance of 140.00 feet; thence N 000 57' E a distance of 202.49 feet; thence S 89° 13' 00" W a distance of 172.25 feet; thence N 00° 57' E a distance of 41.78; thence S 890 13' 00"W a distance of 165 feet; thence S 00° 57' W a distance of 84.19- feet;thence S 890 13' 00 W a distance of 165 feet; thence N 000 57' E a distance of 12.46 feet; thence N 831 30' 33"W a distance of 82.85 feet; thence N 000 57'E a distance of 305.50 feet to the southerly right of way of SW Walnut Street; thence S 89° 13" W a distance of 412.5 feet to the extension of the easterly boundary of McMichael Heights as recorded in Book 5 Page 32 of the Washington County Subdivision Records; thence N 00°57' E a distance of 20.00 feet to the center line of SW Walnut Street; thence S 89° 13' 00"W, along said center line, a distance of 282.02 feet;thence N 00° 36'46" E a distance of 665.27 feet; to the southeast comer of Meadownlade,recorded in Book 83 Page ISLAND ANNEXATION 4 16 of the Washington County Subdivision Records; thence N 890 44' 04" W, along the south We of Meadowglade, a distance of 553.82 feet to the southwest corner of Meadowglade and the west line of J,L, Hicklin D.L.C. No 37; thence S 25° 01' 00" E, along said D.L.C. line, a distance of 422.89 feet; thence S 08° 28' 59" E a distance of 311.25 feet to the centerline of S.W. Walnut Street; thence S 780 25' 40" W, along said center line,a distance of 161,84 feet to the northeast corner of Walnut Grove, recorded in Book 80 Page 14 of the Washingon County Subdivision Records; thence along the boundary of Walnut Grove the following 4 courses, S 07° 50' 43" E a distance of 625.31 feet; thence N 86° 16'59"E a distance of 37.20 feet; thence S 12°35'00"W a distance of 23.76 feet; thence S 550 33' 18" W a distance of 121.28 feet to the northeast corner of Partition Plat 1997-080; thence S 01*43'24"W,along the east line of said Partition Plat,a distance of 463.52 feet to the northerly right of way of SW Fanner Street; thence N 87°33' 57"E, alone the said northerly right of way, a distance of 494.84; thence N 001 59' E a distance of 199.36 feet; thence S 89°58' E a distance of 83.45 feet; thence S 00°59' W a distance of 195.76 feet to the northerly right of way of SW Fenner Street; thence S 87°33' 57"W,along said northerly right of way,a distance of 212.04 to the point of beginning. i ISLAND ANNEXATION b 9 MI ■ t :