Loading...
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. 1�1 R►111 A►INEXATION �s�� :I ��a ������'.II�+��■■► 111 ■� � err.�.� _ ,.. ,..:�� .� ♦ / R �1►'11 ♦ �■iir ■■�. �;-...moi ���w ■■e:.■i� ►\\�\�I/ice, ��: ::� S����1 rte`a�J■� ml WAM NMI Mimi, mo Ems NMI Milli ONEW �� � ����,'/11111111% - , �'•:.■�.:���ir■ :i MEN won ■' Ripon,no NM Nor 11011, �, - ■■■■f\ ■ MIMI Ems ME rsy1111111111�� �/ ■►�► r rri�■�■■�■v `` .��.� ■ 1 �i■lir li ■��,11111 1�� �► I� ���_� ; �� iI1�jM�►j - ww ' ■ �• ��■■i■ 01���■:. �� ���i► �� - r,!■■�*+IIA1►rte, ® ��111/�4■�►ra���e �Iy.Q : �' �/�ttf :r�ll�i �1�� ► ,.111►� • ■ � �� � a ., l �