Ordinance No. 04-01 CITY OF TIGARD, OREGON
ORDINANCE NO. 04- 01
AN ORDINANCE ADOPTING FINDINGS AND CONCLUSIONS TO APPROVE AN
ANNEXATION (ZCA) 2003-00007 (CLEAN WATER SERVICES ANNEXATION) AND
WITHDRAWING PROPERTY FROM THE TIGARD WATER DISTRICT, THE WASHINGTON
COUNTY ENHANCED SHERIFF'S PATROL DISTRICT, WASHINGTON COUNTY URBAN
ROADS MAINTENANCE DISTRICT, WASHINGTON COUNTY STREET LIGHTING
DISTRICT #1, AND THE WASIiINGTON COUNTY VECTOR CONTROL DISTRICT, AND
TRANSFERRING SANITARY SEWER SERVICE FROM CLEAN WATER SERVICES.
WHEREAS, the City of Tigard is authorized by ORS 222.120(4)(B) and 222.170 to initiate an annexation
upon receiving consent in writing frons a majority of the electors registered in the territory proposed to be
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 Disitict, Washington County Urban Roads Maintenance District, Washington County Street
Lighting District #1, Clean Water Services for purposes of providing direct sanitary service, and the
Washington County Vector Control District upon completion of the annexation; and
WHEREAS, the Tigard City Council held a public hearing on January 27, 2004 to consider the armeexation
of four (4) parcels of land consisting of 47 acres and withdrawal of said 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, and transfer of sanitary sewer service from Clean Water Services; and
WHEREAS, pursuant to ORS 222.520(2) the City is liable to the Water District for certain debt
obligations, however, in this instance the Water 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 222.524, notice was given and the City held a
public hearing on the issue of the annexation into the City and withdrawal of the annexed property fiom the
Tigard Water District, the Washington County Enhanced Sheriffs Patrol District, Washington County
Urban Roads Maintenance District, Washington County Street Lighting District 41, and the Washington
County Vector Control District on January 27,2004; and
WHEREAS, pursuant to ORS 222.524, the City must declare the withdrawal of annexed properties from
the Tigard Water District, the Washington Comity Enhanced Sheriffs Patrol District, Washington County
Urban Roads Maintenance District, Washington County Street Lighting District #1, and the Washington
County Vector Control District by Ordiriance; and
WHEREAS,the Tigard Development Code states that upon armexation, 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-4.5,therefore,no zone change is necessary; and
WHEREAS,the annexation has been processed u'I 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 detennined
that withdrawal of the aimexed properties from the applicable service districts is in the best interest of the
City of Tigard.
ORDINANCE NO.04-„_ 1 ZCA2003-00007 CWS Amiexation
Page 1 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 Exhibit "B" and withdraws said parcels from the Tigard Water District,
the Washington County Enhanced Sheriff's 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 Lkn Gc.Y�iyr6')AS vote of all Council m nbers present after being read by number and
title only,this mit"' day of , 2004.
tAr
Catherhac leaticy, City Recorder
-64 APPROVED: By Tigard City Council this a day of ,2004.
iffraig Dirksen,Mayor
A -oved ar,to f rrx�: I
Attorney �,/
I Z-7 o �-
Date
ORDINANCE NO.04- f ( ZCA2003-00007 CWS Amexaiion
Page 2 of 2
VICINITY M
AP
Mill
��L i i i
on.
Ems CLEAN WATER
MSO NO. ANNEXATION
101
iSE RV ICES
\��\\\. 1 FORA
:
r t
al i Y
{ 0 400 enz Fail
li. �� jf 1 ✓. + f-
1�Sol feet
- '„� {` `. � yam'-•' :,W�,J,����3�u]°r+�`v,� � ' ' 'av,iJ:
1r' r r 3 i t U4
Pe F r p t�
{ City OrTigurd
L I ` � ✓A WInformation an this map Is lor general looation only and
13115 aW Hall Blvd
Tigard.OR 07223
} ilk Jf
• �- a•• _ • s. a ■- 11 .• iii + 1 ••
EXHIBIT B
DESCRIPTION
FOR ANNEXATION
A TRACT OF LAND LOCATED IN THE NORTHEAST AND THE SOUTHEAST
ONE-QUARTERS OF SECTION 14 AND THE SOUTHEAST ONE-QUARTER OF
SECTION 13, TOWNSHIP 2 SOUTH, RANGE 1 WEST, WILLAMETTE
MERIDIAN,WASHINGTON COUNTY, OREGON DESCRIBED AS FOLLOWS:
BEGINNING AT THE ONE-QUARTER CORNER LOCATED BETWEEN SECTIONS
13 AND 14 TOWNSHIP 2 SOUTH, RANGE 1 WEST WILLAMETTE MERIDIAN
THENCE S 880 48' 39"E A DISTANCE OF 72.95 FEET TO THE WESTERLY
RIGHT-OF-WAY OF THE BURLINGTON NORTHERN RAILROADAND A POINT
ON A CURVE TO THE LEFT; THENCE S 09° 52' 57"W, ALONG SAID
RAILROAD RIGHT-OF-WAY AND A CURVE TO THE LEFT WITH A RADIUS OF
1884.86 A DELTA OF 17-17' 45" (A CHORD WHICH BEARS S 09° 52' 57"W
566.55 FEET)AND A LENGTH OF 568.7 FEET; THENCE S 010 27' 20"W A
DISTANCE OF 755.53 FEET; THENCE N 88° 39' 13"W A DISTANCE OF 974.11
FEET MORE OR LESS TO THE CENTER OF THE TUALATIN RIVER; THENCE
ALONG SAID CENTER OF THE TUALATIN RIVER THE FOLLOWING 12
COURSES,N 14027' 51"E A DISTANCE OF 86.91 FEET; THENCE N 12° 10' 49"E
A DISTANCE OF 81.60 FEET; THENCE N 21° 18' 16"E A DISTANCE OF 85.28
FEET; THENCE N 13° 32' 50"E A DISTANCE OF 67.13 FEET; THENCE N 14'41'
57" E A DISTANCE OF 76.48 FEET; THENCE N 01* 28' 27"E A DISTANCE OF
53.89 FEET; THENCE N 16° 08' 34"W A DISTANCE OF 94.95 FEET; THENCE N
360 19' 23"W A DISTANCE OF 39.42 FEET; THENCE N 07' 25' 50"W A
DISTANCE OF 42.72 FEET; THENCE N 49° 27' 18"W A DISTANCE OF 37.97
FEET; THENCE N 57° 14' 11" W A DISTANCE OF 33.77 FEET; THENCE N 64° 07'
23"W A DISTANCE OF 81.01 FEET; THENCE N 84' 3428" W A DISTANCE
OF 93.58 FEET; THENCE N 01' 22' 18" E A DISTANCE OF 63 L 10 FEET; THENCE
S 880 37' 46"E A DISTANCE OF 514.88 FEET; THENCE N 010 35' 43"E A
DISTANCE OF 1140.32 FEET; THENCE S 88° 30' 28"E A DISTANCE OF 660.07
FEET; THENCE S 01° 35' 35"W A DISTANCE OF 416.03 FEET; THENCE N 88° 24'
25"W A DISTANCE OF 295.20 FEET THENCE S 01° 24' 25"E A DISTANCE OF
295.20 FEET; THENCE S 88° 24' 25" E A DISTANCE OF 295.20 FEET; THENCE S
010 35' 35"W A DISTANCE OF 427.70 FEET TO THE POINT OF BEGINNING.
CONTAINING 47 ACRES MOR OR LESS.
1£NG110MA IUM!4AD100-300.ANX