Ordinance No. 03-09 CITY OF TIGARD, OREGON
ORDINANCE NO. 03-
AN ORDII\ANCE ADOPTING FINDINGS AND CONCLUSIONS TO APPROVE AIN
ANNEXATION (7CA) 2003-00002 (COOPh,R/6011AN .ANNEXATION) AND WITHDRAWING
PROPERTY FROM THE TIC-ARD NV_ATER DISTRICT, THE WASHINGTON COUNTY
ENHANCED SHERIFF'S I'A'1'ROL DISTRICT. WASHINGTON COUNTY URBAN ROADS
MAiNTENANCE DISTRiC:T, WASHINGTON COUNTY STREE-1- LIGHTLNG DISTRICT #I,
AND THE WASHINGTON COUNTY VECTOR CONTROL DISTRICT, AND TRANSFF,RRING
SANITARY SEWER SERVICE, FROM CLEAN WATER SERVICES.
W11EREAS, the City of Tigard is authorized by ORS 222.120(4)(}3) and 222.170 to initiate an annexation
upon receiving consent in writing from a majority of the electors registered in the territory proposed to he
annexed and written consent from owners of more than half the land in the territory proposed to be
annexed, and
WHEREAS, the City of 'Tigard is authorized by ORS 222.120(5) and 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 -tl, Clean Water Services for purposes of providing direct sanitary service, arid tlic
Washington County Vector Control District upon completion of the annotation; and
WHEREAS, the Tigard City Council held a public hearing on October 14, 2003 to consider the annexation
of two (2) parcels of land consisting of 1.9 acres and withdrawal of said property from the Tigard Nater
District, the Washington County Enhanced Sheriffs Patrol District, Washington County Cuban Roads
Maintenance District, Washington County Street Lighting District #1, and the Washington County Vector
Control District, and transfer of sanitary sewer sen ice from Clean `Vater Services; and
NVIIEREAS, pursuant to ORS 222.520(2) the City is liable to the Water District for certain debt
obligations, however, in this instance the `Vater District has no debt for the City to assume, therefore, no
option regarding the assumption of debt needs to be made, and
WHEREAS, pursuant to Metro 3.09, ORS 222.120 and 222524, notice was given and the City held a
public liew-ing on the issue of the annexation into the City and withdrawal of the annexed property from the
Tigard Water District, the Washington County Enhanced Sheriffs Patrol District, Washington County
Urban Roads Maintenance District, Washington County Street Lighting Distract 411, and the Washington
County Vector Control District on October 14, 2003; and
WHEREAS, pursuant to ORS 222.524. the City must declare the withdrawal of annexed properties from
the Tigard Water District, the Washington County Enhanced Sheriffs Patrol District, Waslurigton County
Urban Roads Maintenance District, Washington County Street Lighting District .`?1, and the Washing on
County Vector Control District 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 current and proposed zoning district is R-7, therefore, no zone change is necessary; and
NVIIEREAS,the annexation has been processed in accordance with the requirements of Metro 3.09 and has
been reviewed for compliance with the Tigard Community Development Code and the Comprehensive
Plan and the annexation substantially addresses the standards in Metro 3.09 regulating annexations; and
WHEREAS, the City Council has carefully considered the testimony at the public hearing and determined
that withdrawal of the annexed properties from the applicable service districts is in the best interest of-the
City of'1'igard_
ORDINANCE NO.03 ZCA200.3-00002Rohait'(_'u4)perAnncxation
Pa-e I of 2
NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS:
SECTION 1: The Tigard City Council hereby annexes the parcels shown in the attached Exhibit "A" and
further described in Exhibits "B and C" and withdraws said parcels from the Tigard Water
District, 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.
SECTION 2: This ordinance shall be effective 30 days after its passage by the Council, signature by the
Mayor and posting by the City Recorder.
SECTION 3: The City Recorder is hereby directed to file certified copies of the Ordinance with Metro for
administrative processing.
SECTION 4: Pursuant to ORS 222.120(5), the effective date of the withdrawal of the property from the
Tigard Water District, 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
this annexation.
SECTION 5: Pursuant to an agreement between Clean Water Services and the City, upon the effective
date of this ordinance, the City will be the agency responsible for providing direct sanitary
service to the property or properties that are annexed.
SECTION 6: Pursuant to ORS 222.465, the effective date of the withdrawal of this property from the
Tigard Water District shall be July 1, 2004.
SECTION 7: In accordance with ORS 222.180, the annexation shall be effective upon filing with the
Secretary of State.
PASSED: By U QnlmD\6 vote of all Council members present after being read by number and
title only, this ki day of Cp C-+0 r ,2003.
c6ban:62�- Lk
t9therine Wheatley, City Recorder
APPROVED: By Tigard City Council this 1 day of D( -4- -)!QL _ ,2003.
r
App owed as to form: C ra►9 Di r Kse n� &uv c1 l Prts l a44j
C Attorney
Date
ORDINANCE NO.03-Q ZCA2003-00002 Bohan/Cooper Annexation
Page 2 of 2
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SW LAURE Information on this map is for general location only and
should be verified with the Development Services Division.
13125 SW Hall Blvd
Tigard, OR 97223
�Uy}, (503)639-4171
t� http #www .ci.tigard.or.us
Community Development Plot date: Oct 1 , 2003, C 1magicl lAOIC03.APP
EXHIBIT-B
ANNEXATION DESCRIPTION
FOR 2S 10413C, TAX LOT 00600
The legal description as per Dick Love Land Survey:
Lot 10, Handy Acres in the County of Washington and State of Oregon.
EXHIBIT-C
ANNEXATION DESCRITPION
FOR 2S 10413C, TAX LOT 01900
A tract of land situated in the Northwest One-quarter of Section 4 Township 2 South,
Range 1 West, Willamette Meridian, City of Tigard, Washington County, Oregon
described as follows:
Beginning at the Northwest Corner of lot 21 Handy Acres as recorded in Book 10 Page
31 of the Washington County Subdivision records; thence S 00° 42' 58" W, along the
west line of lot 21, a distance of 519.30 feet; thence N 89° 43' 30" E, a distance of
120.00 feet; thence N 00° 42' 58" E a distance of 250.00 feet to the True Point of
Beginning; thence S 89° 43' 30" W a distance of 69.94 feet; thence N 00° 42' 58"E a
distance of 283.22 feet to the southerly right-of-way of SW Fern Street and a point on a
non tangent curve to the right: thence along said curve to the right with a radius of 333.12
feet, a central angle of 12°06' 54" (a chord which bears N 84° 47' 07" E, 70.31 feet) and
a length of 70.44 feet; thence S 00° 42' 58" W, leaving said southerly right of way, a
distance of 289.28 feet to the Point of Beginning.
Containing 20105 square feet or 0.46 acres