Ordinance No. 00-03 CITY OF TIGARD,OREGON
ORDINANCE NO.2000- 03
AN ORDINANCE ADOPTING FINDINGS AND CONCLUSIONS TO APPROVE AN ANNEXATION (ZCA) 99-
00006 — AREA 1 - -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
LIGHTING 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 340 parcels of land consisting of 222.2 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 #1, 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
REAS,pursuant to Metro 3.09,ORS 222.120,222.524 and ORS 227.175,notice was given and the City held a public
earing 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 io 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 Code Chapter Local 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,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS:
I ORDINANCE NO.2000-_C25 is\citywide\ord\Walnut Island Area-Lord
Page] 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.
'RIECTION 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 Comprehensive Plan Designation and ZoninE
Wa.Co.R-4.5
Equivalent City of Tigard Comprehensive Plan Designation and Zonine
City of Tigard R-4.5
SECTION 4: This ordinance shall be effective 30'days 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 22i 465, the effective date of the withdrawal of these properties frcvn the Tigard Water
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 8: Irl accordance with ORS 222.180,the annexation shall be effective upon filing with the Secretary of State.
PASSED: By (1 b(&Y1h)UAS vote of all Council members present after being read by number and title only,
this day of -Q,rOnrc`A1U�i ,2000.
brftrine Wheatley,City Recorder —�
APPROVED: By Tigard City Council this%S'day of 2000.
#Attompy
ved a�or
Brian J. Moore, Council President
10 �
Date
ORDINANCE NO.2000- is\citywide\ord\Walnut Islannd Area-Lord
PaQe 2 of 2 Julia P u 18-?--n:ary 2000 5:30 PM
CXH<
Staff has determined that the proposal is consistent with the relevant portions of the
Community Development Code based on the following findings:
Section 18.320.020: This Section addresses approval standards for annexation proposals
and is satisfied because:
The applicable Comprehensive Plan Policies and Community Development Code provislons 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 and 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 discussed 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 Plan 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 tip" 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 REFOR T TO HE Ca i T C OUNCiL PAGE 3 OF 4
ZCA 99-0000fs-ZCA 59-00020 WALNUT ISLAND ANNEXATION 219/2000 PUBLIC HEARING
.... ...........
EXHIBIT B
DESCRIPTION OF THE TIGAF.D ISLAND ANNEXATION
This description was prepared by using various maps with various bearing bases therefore
this description may not be the same as if it were surveyed and should not be used for Land
Surveys or Legal Descriptions. A bearing base was used to try and put all maps of the same
basis therefore the bearings shown may not agree with record bearings.
Description 1
A tract of land situated in Section 3 and the east one-half of Section 4,and the north 1/2 of
Section 10, Township 2 South, Range 1 West, Willamette Meridian, Washington County,
Oregon being more particularly described as follows:
Commencing at the comer to sections 3,4,9, and 10 Township 2 South Range 1 West,
Willamette Meridian; thence N 00° 05'32"E a distance of 527.99 feet to the True Point of
Beginning; thence N 890 35'00" E a distance of 809.75 feet to the westerly right-of-way
of SW 121st Avenue; thence S 010 04' 42" W, along said right-of-way, a distance of
548.12 feet to the southerly right-of-way of SW Gaarde Street; thence N 890 35' 00" E,
along said southerly right-of-way, a distance of 175.70 feet to the easterly line of Arlington
Ridge as recorded in Book 91 Pages 33 & 34 of the Washington County Subdivision
Records; thence S 001 01' 06"W, along said easterly line, a distance of 180.00 feet to the
northwest corner of lot xx Redwood Vista as recorded in Book 122 Page 1-3 of the
Washington County Subdivision Records; thence N 89° 11' 54" E,along the north line of
said Redwood Vista,a distance of 135.00 feet; thence N 00"01' 06"E a distance of 224.09
feet to the north right of way of SW. Gaarde Street; thence N 89° 35' 00" E, along said
north right of way, a distance of 211.05 feet; thence S 00° 01' 15"E a distance of 355.28
feet; thence N 89° 10'44"E a distance of 317.50 feet; thence N 00°01' 15"W a distance
of 308.04 feet to the south right of way of SW Gaarde Street; thence S 89°35' W,along the
said south line,a distance of 159.57 feet to the extension of the east line of Colonial View as
recorded in Book 18 Page 14 of the Washington County Subdivision Records; thence N 01'
11' 00" E, along said east line and the extension thereof, a distance of 476.11 feet to the
southeast corner of lot 5 of said Colonial View; thence S 76° 54'00 W along the southerly
line of said lot 5, a distance of 182.62 feet to a point on curve; thence along said curve to
the left with a radius.of 85.00 feet a delta of 28° 50'07"(a chord which bears N 241 15'44"
W, 42.33 feet)a distance of 42.78 feet to the northwest corner of said lot 5; thence N 45°
40' 00" E, along the northerly line of said lot 5, a distance of 278.52 feet to the northeast
comer of said lot 5; 6ience N 30° 07' 48" E leaving said plat of Colonial View along the
westerly line of the plat of Creekside Park Recorded in Book 50 Pages 1 and 2 Washington
County Subdivision Records and the westerly line of the Plat of Terrace Trails Recorded in
Book 34 Page 37 Washington County Subdivision Records a distance of 399.10 deed;
thence N 82" 03' 00" W a distance of 548.94 feet; thence N 71' 24' 26" W a distance of
90.22 feet to the center line of SW 121st Avenue; thence S 29° 26' 00 W, along said
center line; a distance of 229.50 feet; thence N 83° 00' 00" W a distance of 150.80 feet;
thence N 00" 25'00" E a distance of 250.60 feet; thence N 61° 22' 30" E a distance of
ISLAND ANNEXATION
18.30 feet; thence N 300 26' 20" E a distance of 100.23 feet; thea;ue S 76° 42' 00" F,, a
distance of 260.80 feet to the center line of SW 121st Avenue; thence N 290 26'00" E,
along the center line of 121st Avenue, a distance of 177.57 feet to the southerly line of
Woodcrest,recorded in Book 22 Page 18 of the Washington County Subdivision Records,
extended; thence S 67° 19'20" E,along the south line of Woodcrest, a distance of 276.92
feet to the southwest corner of lot 4 Woodcrest; thence N 290 26'00"E,along the westerly
line of said lot 4, a distance of 172.97 feet to the southerly right-of-way of SW Howard
Drive; thence S 610 16'45'.'E,along said southerly right-of-way, u distance of 36.05 feet
to the point of curve; thence along said curve with a radius of 167.42 feet,a delta of 390 01'
14" (a chord which bears S 800 47'20" E, 111.83 feet), and a length of 114.02 feet to the
northeast comer of lot 5 Woodcrest; thence S 10° 18'00"E,along the easterly line of lot 5,
a distance of 233.56 feet to the southwest corner of lot 6 Woodcrest; thence S 67° 19'20"
E, along the south line of Woodcrest, a distance of 23.38 feet to the southeast corner of
Woodcrest; thence N 30° 25'39" E, along the east line of Woodcrest and the east line of
Woodcrest no 2, recorded in Book 23 Page 11 of the Washington County Subdivision
Records,a distance of 1224.34 feet to the northwest corner Terrace Trails,recorded in Book
34 Page 37 of the Washington County Subdivision Records; thence S 75° 06'02"E,along
the North line of Terrace Tails, a disiance of 270.40 feet to the east right-of-way of SW
115th Avenue and the west line of Genesis No. 3, recorded in Book 52 Pages 32 and 33;
thence N 00° 33' 01" E , along said east right-of-way, a distance of 389.29 feet to the
northwest comer of Genesis No.3; thence N 89° 47'52" E, along the north line of Genesis
No. 3,a distance of 291.04 feet; thence N 00° 49'02" E,along the most easterly west line
of Genesis No. 3, a distance of 140.12 feet to the northwest comer of lot 80 Genesis No.3;
thence N 89° 53' 00" W a distance of 291.60 feet to the east line of SW 115th Avenue;
thence S 00°33' 01"E,along said east line, a distance of 25.00 feet; thence N 89"32' 49"
W,along the south line of SW Fonner Street,a distance of 441.02 feet; thence N 000 31'
46" E a distance of 503.25 feet to the southeast corner of lot 8 Carmen Park, recorded in
Book 23 page 23 of the Washington County Subdivision Records; thence S 890 44'52"W,
along the south line of sad lot 8,a distance of 88.71 feet to the southwest corner of said lot 8;
thence N 00° 15' 18"W,along the west line of lot 8 and its extension,a distance of 217.01
feet to the north line of SW Carmen Street; thence N 89°44' 52"E,along said north line,a
distance of 92.44 feet to the southwest comer of lot 12 Hunters Glen recorded in Book 105
pages 47-50 of the Washington County Subdivision Records; thence N 00° 23' 16" E,
along the west boundary line of said Hunters Glen,a distance of 798.39 feet to the south line
of SW Walnut Street; thence S 780 21'40"W,along said right of way,a distance of 167.60
feet; thence S 000 23' 16" W a distance of 521.30 feet to the northerly boundary line of
Carmen Park; thence S 770 42' 42" W, along said northerly boundary line, a distance of
144.00 feet; thence N 041 12' 18" W a distance of 364.92 feet; thence N 870 18' 42"W a
distance of 116.00 feet; thence N 10°06' 09"W a distance of 207.75 feet to the northerly
line of SW Walnut Street; thence N 78°21' 40"E, along said northerly line, a distance of
702.04 feet; thence N 000 34' 16"E a distunco of 279.16 feet to the southeast corner of
Leron Heights, recorded in Book 19 Page 27 of the Washington County Subdivision
Records; thence N 890 25' 44" W, along the south line of Leron Heights, a distance of
146.62 feet to the southwest corner of lot 19 Leron Heights; thence N 00" 51' 16" E,along
iSLAND ANNEXl i Iviv
the east line of lot 19, a distance of 25.06 feet to the north center line of SW Ann Street;
thence N 85° 10'44" W,along said center line a distance of 677.48 feet to the extension of
the west line of lot 4 Leron Heights; thence S 040 56' 16" W, along said west line, a
distance of 169.28 feet to the southwest comer of lot 4; thence N 820 46'44" W,along the
south line of lot 3 Leron Heights, a distance of 40.08 feet to a point; thence S 071 30'00"
W a distance of 120.00 feet; thence N 820 30'00" W a distance of 130.00 feet; thence S
07° 30'00"W a distance of 218.05 feet; thence S 861 22' 10" W a distance of 203.83 feet
to the center line of SW 121st Avenue; thence S 070 30'00" W, along said center line, a
distance of 39.32 feet; thence N 87° 28'57"W a distance of 290.91 feet to the east line of
Lake Terrace, recorded in Book 34 Page 20 of the Washington County Subdivision
Records; thence S 07° 31' 20" W, along said east line, a distance of 187.18 feet to the
center line of SW Walnut Street; thence S 62° 16138" W,along said centerline,a distance
of 555.25 feet to the extension of the west lire of Tippitt Place,recorded in Book 35 Page 15
of the Washington County Subdivision Records; thence S 01° 27'42" E, along said west
line, a distance of 274.25 feet to the southwest comer thereof; thence N 89° 54' 20" E,
along the south line of Tippitt Place, a distance of 830.90 feet to the southeast corner of
Tippitt Place; thence S 040 10'50"E a distance of 51.00 feet; thence S 89° 54'20" W a
distance of 145.05 feet to the east line of Fyrestone, recorded in Book 73 Page 12 of the
Washington County Subdivision Records; thence S 04° 51' 57" E, along the west line of
Fryestone, a distance of 366.88 feet to the southeast corner of Fryestone; thence S 89° 54'
20" W, along the south line of Fryestone and its extension, a distance of 1317.4 feet to the
Section line between sections 3&4; thence N 00° 29' 08"E,along the said Section line,a
distance of 209.8 feet to the southwest corner of Curl Acres,recorded in Book 29 Page 9 of
the Washington County Subdivision Records; thence N 62° 20120"E,along the south line
of Curl Acres,a dista.ce of 158.2 feet to the southeast corner of lot 2 block 1 Curl Acres;
thence N 000 29'08"E,along the west line of lot 2 block 1,a distance of 149.73 feet to the
center line of SW Walnut Street; thence S 63° 14'58"W,along said center line,a distance
of 169.52 feet to a point of curve; thence along said curve to the right with a radius of
384.54 feet,a delta of 29° 09' 15"(a chord which bears N 770 49'36"E, 193.56 feet)and a
length of 195.67 feet to the point of tangency; thence N 87° 3547" W, along said center
line, a distance of 469.24 feet; thence S 01* 46' 13" W a distance of 677.08 feet to the
center line of Section 4; thence N 89° 19' 54" W, along said center line of Section, a
distance of 388.33 feet; thence N 01° 46' 13"E a distance of 325.00 feet;thence N 89°19'
54"W a distance of 132.68 feet; thence S 01* 46' 13" W a distance of 325.00 feet to the
:;enter line of Section 4; thence N 89 19' 54" W, along said center line of Section, a
distance of 436.82 feet to the easterly right-of-way of SW 132nd Avenue; thence S 00° 03'
30 W, along said right-of-way, a distance of 1309.80 feet; thence N 89° 48' 45" E a
distance of 1320.39 feet; thence S 00° 05'32"W a distance of 822.62 feet to the True Point
of Beginning.
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