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Resolution No. 87-10 I OPTION B CITY OF TIGARD, OREGON RESOLUTION NO. 87-_-/O A RESOLUTION OF THE "TIGARD CITY COUNCI'_ REAFFIRMING THE D7CEMBER 29, 1986, REQUEST TO THE PORTLAND METROPOLITAN AREA LOCAL GOVERNMENT BOUNDARY COMMISSION 'TO ANNEX AN AREA REFERRED TO AS "SOUTH METZGL=R" AND FURTHER REQUESTING CONSIDERATION OF A P10DIF1CATION TO THAT ANNEXATION PROPOSAL. _ WHEREAS, the Tigard City Council held a public hearing on December 29, 1986 to receive public testimony regarding the proposal South Metzger Annexation; and WHEREAS, the Council initiation process is being used since the triple-majority annexation process was recently challenged in the Oregon Court of Appeals and the triple-majority process is still being questioned; and WHEREAS, at that meeting much testimony was received that. indicated the hearing notice was delayed due to heavy holiday mail and citizens in the area were vacationing and unable to respond adequately to the notice; and WHEREAS, the Tigard City Council passed Resolution No. 86--140 at the 12/29/86 meeting forwarding the annexation proposal to the Boundary Commission For a hearing on 2/12/87; and WHEREAS the Tigard City Council also called for another public hearing to be held 1/14/87 to offer additional opportunity for public testimony; and WHEREAS, participants at the public hearing noted the different areas of improved and unimproved street right-of-way along SW Spruce Street; and WHEREAS, at the 1/14/87 (hearing Council reconsidered the boundary of the proposed annexation area along Spruce Street and voted to request the Boundary Commission consider a modification to the original annexation request based on service delivery concerns addressed by participants in the hearing. WHEREAS, the City Council further determined that the area to be annexed will be designated as an established area in conformance with Chapter 18.138 of the Tigard Municipal Code. The Metzger-Progress Community Plan zoning and comprehensive plan designations as adopted by the Wasting ton County Board of Commissioners (Ordinance Nos. 278, 279, and 280, and subsequent amendments thereto) will be applied. The City will assign City of Tigard planning and zoning designations _n conformance with the Tigard Municipal Code and Oregon Revised Statu*ze requirements. NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that: SECTION 1: The Council hereby reaffirms Resolution 86-140, as it was amended on January 14, 1987 by Resolution No. 87-08, initiating proceedings for annexation of the territory described therein to the City. SECTION 2 The Council hereby determines that the area to be annexedt».11 be designated as an established area in conformance with Chapter 18.138 of the Tigard Municipal Code. The Metzger-Progress Community Plan zoning and comprehensive plan designations as adopted by the Washington County Board of Commissioners (Ordinance Nos. 278, 279, and 280, and subsequent amendments PAGE 1 RESOLUTION NO. 87- z thereto) will be applied. The City will assign City of Tigard planning and zoning designations in conformance with the Tigard Municipal Code and Oregon F Revised Statute requirements. SECTION 3: The Tigard City Council additionally requests the Portland Metropolitan Area Local Government Boundary Commission consider a modification to the proposal along SW Spruce Street as shown on the attached Exhibit "A", described on the attached Exhibit "B", both being made a part hereof. This modification request is responsive to the comments received during the hearings regarding unimproved portions of SW Spruce Street yet allows service delivery to those areas which are improved. SECTION 4: The City Recorder is hereby directed to file a certified copy of the Resolution with the Commission at once PASSED: This J�-- rh day of 1987. Mayor — City of Tigard ATTEST: L ity Recorder — City of Tigard lw/4486A PAGE 2 RESOLUTION NO. 67— 755) ■a �'1 �.►♦llF3 r aRb� - `■1 1111L�KIN El�= no ..��411=m////�:���* �IIIII�i ■ vVIRMT==22 ::IleMEN Sam a no 10 PIRIANWO - ..; ■1 .. IIIA �' a_I-�•'��,ti �yw1,�■nnw '� =�fJ Mtn _•H — ^y.Iwirlawl�t■Viii�__ �1 C= �1i1�+' i►i1i1�i/i i ll ��N iZ u��,t X11- ■til _ ' -��'!!! law sea= ONES HE _ u'i fl tifli;MgL. East C��ea QUI�w■I■at` 1■ w`1 = H�■i Hu=ii i= HE Utz 6" = iii�H';111 i nt WerNOW •-� .iA.a��as>•�'�Iltl:is Iitl�`� i�•�t� � � (llf��aeme .iracrJ.Ctll� �'—' ��ter` ,® � ■�fliif Www momINIF 'yid =am�■=rt a■1 _,--�? -.-mss.: -�1♦= 1 r 1 �. _. rte♦ r♦• Ilip�' `� OPTION B EXHIBIT "B" LEGAL DESCRIPTION FOR ANNEXATION PURPOSES ONLY That portion of land located in Sections 26, 35, and 36, Township 1 South, range 1 West, Willamette Meridian, Washington County, Oregon, and being more particularly described as follows: Beginning on the centerline of S.W. Greenburg Road (County Road 2472) at its intersection with the westerly extension of the south line of Lot 4, Ashbrook Farm, a recorded plat, Washington County Plat Records, said point of beginning being on the existing city limit of the City of Tigard; thence North Be- 10' East on the south line of Lots 4 and 5, said Ashbrook Farm, 850 feet, more or less, to the southeast corner of said Lot 5 and the centerline of S.W. 95th Ave. (county road No. 1018); thence on said centerline North 071 17' East 125 feet, to the intersection with a westerly extension of the south line of that tract conveyed to Jack D. Godwin, et ux, by deed recorded in Book 443, Page 186, Washington County Deed records; thence South 88' 25' East on the south line of said Godwin tract 205.05 feet to the southeast corner thereof; thence continuing on the existing city limit of the City of Tigard, and on the east line of said Godwin tract North 000 38' West, 140.3 feet to the south line of that tract conveyed to John 0. Wick, et ux, by deed recorded in Book 468, Page 261, Washington County Deed records; thence on the south line of said Wick tract South 881 25' East, 105.57 feet to a point on the east line of Lot 17, said Ashbrook Farm, (said point bears South 00o 04' East 205.45 feet from the northeast corner of said Lot 17); thence on the east line of said Lot 17, South 00' 42' East, 73 feet more or less; thence, continuing on the existing city limit of the City of Tigard, North 89° 18' East, 73.38 feet; PAGE 1 — thence North 00o 42' West, 298 feet to the north right-of-way line of S.W. Oak �n. Street (County Road No. 623); thence on said north line North 890 22' East 400 feet; thence South 223.69 feet to the southeasterly right-of--way line of the abandoned Oregon Electric Railroad; thence, on said southeasterly right--of-way line, South 520 13' West, 553.63 feet to the north line of Lot 18, said Ashbrook Farm; thence, on the north line of Lots 18, 20, and 21, said Ashbrook Farm, South 850 45' East 895 feet; thence continuing on the existing city limit of the City of Tigard, North 000 42' West, 450.5 feet; thence North 890 18' East 100 Peet; thence North 000 42' West 190 feet to the north right--of-way line of S.W. Oak Street (County Road No. 823); thence on said north line North 890 22' East, 110 feet; thence South 000 42' East 190 feet to the southwest corner of that tract conveyed to Terry W. Mills, et ux, recorded in Book 679, Page 146, Washington County Deed records; thence easterly 299.20 feet to the southeast corner of that tract conveyed to Jamas L. Senkel, et ux, as described in Book 548, Page 67, Washington County Deed Records; thence North on the east line of said Senkel tract and a northerly extension thereof, 190 feet to the north right-of-way line of S.W. Oak Street (County Road No. 823); thence on said north line North 890 22' East 180 feet to an angle point thereon; thence continuing of the existing city limit of the City of Tigard northeasterly 30 feet; thence, leaving said north right-of-way line, easterly 65 feet, more or less, to the northwest corner of Lot 1, Block 53, Metzger Acre Tracts, a recorded plat, Washington County Plat Records, said corner being on the south line of S.W. Oak Street (County Road No. 823); thence South 000 07' East on -he east lines of Lots 12 and 13, said Ashbrook Farm, 375 feet, more or less, to the northeast corner of that tract conveyed to Peter O. Juve, et ux, as described in Book 333, Page 353, Washington County Deed Records; thence West, on the north line of said Juve tract, 266.24 feet to the - PAGE 2 - i i northwest corner thereof; 'thence on the west line of said Juve tract and the west line of the Clarence A. Cole, et ux, tract as described in Book 334, Page 91, Washington County Deed Records, South 000 07' East 327.23 feet to the re--entry corner in the west line of said Cole tract; thence West, on the boundary of said Cole tract, 184.2.6 feet to the most westerly northwest corner thereof; thence South 000 07' East, on the west line of said Cole tract 69.26 feet to the north right--of-way line of S.W. Spruce Street (County Road No. 947); thence West on said north right--of-way line, 25 feet, more or less, to the west right-of-way line of S.W. 89th Avenue; thence South 000 17' West, on said west right-of-way line, 504.4 feet to the southeast corner of Lot 36, Graham Acres, a recorded Plat, Washington County Plat records; thence South 890 07' East 475.70 feet to the west line of said Metzger Acre Tracts; thence, continuing on the existing city limit of the City of Tigard, South 000 17' West on the east line of the D.C. Graham Donation Land Claim No. 52, 291.05 feet; thence South 880 42' East 295.62 feet to the center of S.W. Hall Boulevard (County Road No. 947); thence on the centerline of S.W. Hall Boulevard, South 000 50' West, 74.75 feet to the intersection with an easterly extension of the south line of Lot 10, Block 0, said Metzger Acre Tracts; thence westerly, on the south line of said Lot 10, 294.8 feet more or less, to the east line of the said Graham Donation Land Claim No. 52; thence southerly, on said east line, 380 feet, more or less to the intersection with the northeasterly right-of-way litre of State Highway No. 217; thence southeasterly, on said northeast right-of-way line and a southeasterly extension thereof (said line being the existing city limit of the City of Tigard) 420 feet, more or less, to the intersection of a westerly extension of the south right-of-way line of S.W. Pfaffle Street (County Road No. 975); thence easterly, on said south right-of-way line and the extension thereof, PAGE 3 - 260 feet, more or less, to the east line of the Thomas Stott Donation Land Claim No. 53; thence southerly, on said east line, said line also being the east line of Lot 20, Block 0, said Metzger Acre Tracts, 110 feet more or less to the southeast corner of said Lot 20; thence westerly 75 feet, more or• less, on the south line of said Lot 20 to its intersection with the northeasterly right-of-way line of State Highway No. 217; thence southeasterly, along said OEM northeasterly right-of-way line, 490 feet more or less to the west line of that tract of land conveyed to Arthur W. and Margaret C. Verharen in Book 1062, Page 492, Washington County Deed Records; thence continuing on the existing city limit of the City of Tigard North OO° 36' West 430 feet, more or less, to the centerline of S.W. Pfaffle Street (County Road No. 975); thence on said centerline South 890 48" East approximately 208 feet to a northerly extension of the east line of that tract conveyed to J.C. Peterson, et ux, by deed recorded in Book 142, Page 59, Washington County Deed Records; thence North 130 20' West 25 feet, more or less, on ss.id northerly extension to the intersection with a westerly extension of the north right-of-way line (said north line being parallel with, and 25 feet north of the centerline) of S.W. Pfaffle Street (County Road No. 975); thence easterly, on said north line of S.W. Pfaffle Street, 1080 feet-, more or less, to its intersection with the east line of Friendly Acres, a recorded plat, Washington County Plat Records; thence northerly, on the existing city limit of the City of Tigard, 1347 feet, more or less, to the north line of the George Richardson Donation Land Claim No. 55; thence on said north line South 890 02' East, 55.8 feet; thence North 000 17' East, 108.10 feet to the south right-of-way line of S.W. Spruce Street (County Road No. 929); thence on said south line North 890 56' 09" East 147 feet to the east right-of-way line of S.W. 78th Avenue; thence on said east line on a 15 foot radius curve concave to the southeast 23.47 feet; thence i PAGE 4 - i k continuing on said east right--of---way line South 001 17' West, 123.54 feet; thence North 690 56' 09" East, 100 feet; thence South 00° 17' West, 65 feet; thence North 891 56' 09" East, 37.76 feet; thence South 001 17' West 175.63 feet; thence South 891 16' 58" East 206.6 feet; thence South 00° 11' West 1062.3 feet; thence East, parallel with and 25 feet north of the centerline of S.W. Pfaffle Street (County Road No. 975) 140 feet, more or less, to the intersection with the north right-of--way line of State Highway 99 West; thence North 541 East, on said north right-of-way line, 530 feet, more or less; thence North 00' 29' East 493.54 feet; thence South 89* East, 192.0 feet; thence north 001 12' East, 100 feet; thence South 891 10' East, 20.60 feet; thence North 00* 12' East, 450.6 feet to the north line of the George Richardson Donation Land Claim No. 55; thence South 88' 03' 10" East, 15 feet, more or less, to the southwest corner of Block "B" said Metzger Acre Tracts; thence North 125.8 feet on the west line of said Bleak "S" to the south 4 right-of--way line of S.W. Spruce Street (County Road No. 929;; thence East on said sc•tth line 700.65 feet to a point which is 60 feet west of the centerline of S.W. 71st Avenue (County Road No. 1080); thence South 138.5 feet; thence East 30 feet, more or less, to the west right-of-way line of S.W. 71st Avenue; thence on said west right-of-way line on a 316.5 foot radius curve concave to the east., approximately 130 feet to a point of tangency on said west line; thence South 281 57' East, 141.8 feet on said west right-of-way line and its southeasterly extension to the intersection with the northwesterly right-of--way line of State Highway 99 West; thence northeasterly on said northwesterly right-of-way and the existing city limit of the City of Tigard, 710 feet, more or less, to the intersection with the east right-of-way line of S.W. 69th Avenue (County Road No. 1456); thence North 00* 04' West on said east right-of-way line, 375 feet to the intersection with the south - PAGE 5 - right-of-way line of S.W. Pine Street; thence South 890 58' East on said south Or line 190 feet; thence North 67" 36' East, 415.35 feet; thence South, 100 feet; thence North 670 36' East 387.0 feet to the east line of said Section 36 and the existing city limits of the City of Portland; thence North leaving the existing city limits of the City of Tigard, and on said section. line, 525 feet, more or less, to the most easterly southeast corner of Citadel Estates, a recorded plat, Washington County Plat Records; thence North 89° 18' 10" West, 264 feet; thance South 122.70 feet; thence North 790 02' West, 11.35 feet; thence North 89- 16' West, 469.20 feet to the northerly extension of the east line of Block 2, Villa Ridge, a recorded plat, Washington County Plat Records; thence South 001 40' East, 547.70 feet to the north right-of-way line of S.W. Pine Street; thence North 89G 58' West on said north right--of-way line and its westerly extension 250 feet to its intersection with the west right-of-way line of S.W. 69th Avenue (County Road 1456); thence South, on said west right-of-way line, 352.20 feet; thence South 72- 30' West 198.91 feet; thence North 890 58' West 380 feet to the east right-of-way line of S.W. 71st Avenue (County Road 1080); thence North 000 04' West, on said east right-of-way line, 10.70 feet: thence North 890 48' West, on the north right-of-way line of S.W. Spruce Street 2060 feet, more or less, to the northerly extension of the west line of Block "F" Metzger Acre Tracts, a recorded plat, Washington County Plat Records; thence South 00" 17' 'West, 168.10 feet to the north line of the George Richardson Donation Land Claim No. 55; thence North 89° 03' West on said north line 1665 feet more or less to the Northwest Corner of said George Richardson D.L.C. No. 55; thence South 000 11' West on the west line of said Donation Land Claim, 150.55 feet; thence North 890 06' West, 84.5 feet; thence North 000 11' East, 110 feet; thence North 890 06' West, 184.40 feet to the east right-of-way line of S.W. Nall - PAGE 6 - Blvd. (County Road 1165); thence North 000 11' East on said east right-of--way line and its northerly extension 173.23 feet to the north right-of-way line of S.W. Spruce Street (County Road 947); thence South 89- 58' West on said north right-of-way line 25 feet more or less to the east right--of-way line of S.W. Hall Blvd. (County Road 1165); said east line being parallel with and 30 feet east of the centerline of said S.W. Hall Blvd.; thence northerly, on said east right-of-way line, 1150 feet more or less to the south right-of--way line of S.W. Mapleleaf Street; thence East, on said south line, 10 feet; thence North 236.1 feet; thence East 5 feet; thence North 146.1 feet to a point of curvature near S.W. Locust Street (County Road 749); thence northeasterly, on a 25 Foot radius curve concave to the southeast, 39 feet more or less to a point of tangency on the south right-of-way line of said S.W. Locust Street; thence North 70 feet to a point of tangency on the north right-of--way line of said S.W. Locust Street; thence northwesterly, on a 25 foot radius curve concave to the northeast, 39 feet more or less to the east right-of-way line of said S.W. Hall Blvd.; thence West, 70 feet to the west right-of-way line of said S.W. Hall Blvd.; thence South on said west right-of-way line, 30 feet to the north right-of-way line of said S.W. Locust Street; thence westerly, on said north right-of-way line (County Roads 749 and 753), 500 feet, more or less, to the northerly extension of the east right-of-way line of S.W. Jefferson Street-; thence northerly on said northerly extension approximately 50 feet to the easterly extension of the north right-of-way line of S.W. Locust Street (County Road 753); thence West, on said easterly extension and said north right-of-way line, approximately 1282 feet to the east line of Lot 2, Block C, Lehmann Acre Tract, a recorded plat, Washington County Plat Records; thence North, on said east line and its northerly extension (being 190.3 feet west of the west right-of-way line of S.W. 92nd Avenue) 1609.2 feet PAGE 7 - to the south right--of-way line of that public road described in Book 442, page 432, Washington County Deed Records; thence North 890 37' East, 25 feet; thence North 122.9 feet; thence North 890 37' East 20 feet; thence North 01- 04' West on said east right-of-way line, approximately 330 feet to the south right-of-way line of S.W. Hall Blvd., (Cr-_,nty Road 1165); thence north,,iesterly, on said south right-of-way line, approxiaately 1160 feet; thence South 01° 03' West 333 feet; thence North 870 27'12" West, 961.08 feet; thence North 010 07' West 301.5 feet; thence North 890 41' West, approximately 750 feet to the east right-of-way line of State Highway No. 217 and the existing city limit of the City of Beaverton; thence continuing on said existing city limit and the east right-of-way line of State Highway No. 217, southerly 1700 feet, more or less, to a point common to the city limits of the City of Tigard and the City of Beaverton (said point being approximately 660 feet north of the south line of said Section 26); thence southeasterly, on the existing city limit of the City of Tigard and the east right-of--way line of State Highway No. 217, 2750 feet, more or less to the intersection with the centerline of SW Greenburg Road (County Road 2472); thence southwesterly, on said centerline, 635 feet more or less, to the point of heyinning, containing approximately 385 acres. JF:cn/2823P/0024P PAGE 8 -