Beaverton - Joint Land Partition at Schools Ferry Road and 175th Ave INTERGOVERNMENTAL AGREEMENT BETWEEN
THE CITY OF BEAVERTON AND THE CITY OF TIGARD
This intergovernmental agreement("Agreement") is entered into between the City of Beaverton,
an Oregon municipal corporation("Beaverton")and the City of Tigard, an Oregon municipal
corporation("Tigard").
RECITALS
WHEREAS, ORS 190.010 authorizes the parties to enter into this Agreement for the perfor-
mance of any or all functions and activities that a party to the Agreement has authority to per-
form; and
WHEREAS, Beaverton and Tigard each has land use jurisdiction over the land inside its respec-
tive city limits, and Beaverton and Tigard each has authority to review and decide upon land use
and land division applications within its respective city limits; and
WHEREAS, the city limits of Beaverton and Tigard are contiguous at and around the intersec-
tion of SW Scholls Ferry Road and SW 175'h Ave(to the north of SW Scholls Ferry Road)/SW
Roy Rogers Road(to the south of SW Scholls Ferry Road); and
WHEREAS, West Hills Development Company("West Hills") is the contract purchaser of a
portion of a parcel of land(the"Property"), described in Exhibit A.that is presently owned by
the Crescent Grove Cemetery Association; and
WHEREAS,the Property straddles SW Scholls Ferry Road on both sides of SW 175h Ave. and
SW Roy Rogers Road, all as shown on Exhibit B; and
WHEREAS West Hills wishes to partition the Property into two new parcels north of SW
Scholls Ferry Road (located in the Beaverton city limits) and one new parcel south of SW
Scholls Ferry Road(located in the Tigard city limits), in order to consummate its purchase of just
the portion of the Property to the north of SW Scholls Ferry Road;and
WHEREAS Beaverton and Tigard wish to provide an efficient approach to achieving the desired
partition that respects the land use regulations of each jurisdiction.
AGREEMENT
NOW,THEREFORE,the parties agree as follows:
1. Processing of Preliminary Partition Application
1.1 Upon receipt of an application from West Hills, signed by the appropriate repre-
sentative of the Crescent Grove Cemetery Association, for a preliminary partition 1
of the Property into two parcels north of SW Scholls Ferry Road and a third par-
cel south of SW Scholls Ferry Road, with the third parcel line along the interface
between the Beaverton and Tigard city limits,the City of Beaverton shall follow 1
its usual process for review of a preliminary partition.
I
1.2 Beaverton shall charge the scheduled fee appropriate to the partition application.
1.3 Tigard shall not charge a fee for the land partition-preliminary plat review.
1.4 Beaverton planning staff shall consult with Tigard planning staff as appropriate
during completeness review to make certain that Tigard's concerns are addressed
in a timely manner before the preliminary partition application is deemed com-
plete under ORS 227.178(2).
2. Application of Criteria
2.1 Beaverton shall apply the relevant preliminary partition criteria of the City of f
Beaverton to that part of the Property within the Beaverton city limits.
2.2 Beaverton shall apply the relevant preliminary partition criteria of the City of
Tigard to that part of the Property within the Tigard city limits.
2.3 In the event there is an actual conflict between any planning or processing criteria
of Beaverton and Tigard,the planning criteria of Beaverton shall apply.
t
3. Final Decision
3.1 Tigard may participate in the proceedings before any Beaverton decision-maker
and may appeal any final decision Beaverton makes for the preliminary partition
application.
3.2 Beaverton's final decision for the preliminary partition application, after any ap-
peals, shall bind and be final as to both Beaverton and Tigard.
1
x
4. Final Plat Application 1
4.1 Upon receipt of a final plat application from West Hills for the Property, Beaver-
ton and Tigard shall have the same respective rights and responsibilities set forth
in Sections 1-3 of this Agreement as apply upon receipt of a preliminary partition
application,except that Beaverton shall not charge the scheduled fee appropriate
to the final plat application,and Tigard shall charge the scheduled fee appropriate
to the final plat application.
5. Subsequent Applications 1
5.1 This Agreement shall only concern the preliminary and final partition applications 3
described herein. Subsequent land division or land use applications made for the
Property shall be subject to the exclusive review and approval of the city with ju-
risdictionover that portion of the Property. `
l
t
r,
h
2 t
pY
T
6. General Provisions
6.1 Effective Date. The effective date of this Agreement is the date all parties have
duly signed the agreement.
6.2 Modification. This Agreement may be modified or amended only if made in
writing and signed by all parties.
6.3 Compliance with Law. Each party agrees to comply with all local, state and fed-
eral ordinances,statutes, laws and regulations that are applicable to the services
provided under this Agreement.
6.4 Choice of Law. This Agreement shall be governed by and construed in accord-
ance with the laws of the State of Oregon, without regard to principles of con-
flicts of law. Any claim, action, suit or proceeding that arises from or relates to
this Agreement shall be brought and conducted exclusively within the Circuit
Court of Washington County for the state of Oregon. In the event a claim must
be brought in a federal forum,then it shall be brought and conducted solely and
exclusively in the United States District Court for the District of Oregon.
6.5 Counterparts. This Agreement may be executed in several counterparts,each of
which shall be an original, all of which shall constitute one and the same instru-
ment.
6.6 Merger. This agreement embodies the entire agreement and understanding be-
tween the parties hereto and supersedes all previous agreements and understand-
ings with respect to the matters described herein.
WHEREAS, all the aforementioned is hereby agreed upon by the parties and executed by the du-
ly authorized signatures below.
City of Beaverton City of Tigard
Denny Doyle, Mayor Jo . Cook, Mayor:
9- 9 - 15 "�/a vi$'
Date Date
Approved as to form: Approved as to form:
City Attorney ity Attorney
3
SOUTH COOPER MOUNTAIN
(TAX LOT 200,MAP 2S 16)
DESCRIPTION
August 20,2015
A tract of land in the northeast one-quarter of Section 6,Township 2 South,Range 1 West,
Willamette Meridian,City of Beaverton,Washington County,Oregon,said tract being
described as follows:
Beginning at a 5/8-inch iron rod with a yellow,plastic cap inscribed"Hill LS2821"marking
the northeast corner of the west one-half of the northeast one-quarter of Section 6, j
Township 2 South,Range 1 West,Willamette Meridian;thence S.02006'35"W. along the
east line of the west one-half of the northeast one-quarter of said Section 6,a distance of
2,322.33 feet to the northerly right-of-way line of S.W.Scholls Ferry Road,being 49.00 feet F
from centerline,and a point of non-tangent curvature;thence southwesterly along said
northerly right-of-way line on the arc of a 1,481.39 foot radius curve left(the radius point of
which bears S.07°56'00"E)through a central angle of 5°26'15",distance of 140.58 feet 4
(chard bears S.79°20'52"W.,a distance of 140.53 feet);thence continuing along said E
northerly right-of-way line S.76°3745"W.,a distance of 257.90 feet;thence leaving said
northerly right-of-way line N.58°22'41"W.,a distance of 48.71 feet to the easterly right-of-
way line of S.W. 175'x'Avenue(CR 3110),being 49.00 feet from centerline;thence tracing
said easterly right-of-way along the following courses:N.13°22'15"W.,a distance of 274.56
feet to the point of curve left of a 1,174.00 foot radius curve;thence along the arc of said
curve left through a central angle of 29°09'38",a distance of 597.50 feet(chord beats
N.27°57'04"W.,a distance of 591.08 feet);thence N.42°31'53"W.,a distance of 157.69 feet
to the point of curve right of a 1,251.00 foot radius curve;thence along the arc of said curve
right through a central angle of 44°40'09",a distance of 975.31 feet(chord bears
N.20'1 1'48'V.,a distance of 950.80 feet);thence N.02'08'1 VE.,a distance of 619.97 feet
0
to the north line of the northeast one-quarter of said Section 6; thence S.88021'08"E.along
said north line,1,268.78 feet to the Point of Beginning;
F
`r.
AND INCLUDING the following described tract of land:
t
Commencing at the S.W.Scholls Ferry Road centerline Station 122+98.50,as centerline is
shown on Survey No. 32411,Washington County Survey Records;thence N.76°37'45"F.
along said ccnterlinc,a distance of 206.59 feet;thence leaving said centerline S.13°22'15"E.,
a distance of 80.00 feet to the southerly right-of-wap line of S.W.Scholls Ferry Road and the
TRUE POINT OF BEGINNING of the tract herein described;thence tracing said 4
southerly right-of-way fine along the following courses:N.76°37'45"E.,a distance of 31.93
feet;thence N.13°22'15"W.,a distance of 13.00;N.76°37'45"E.,a distance of 171.34 feet;
f.:\Pnijcct\1690n\16985\Suncy\lmpLa\So 0miler Mtn WA Q82015,doc
s
's
z
EXHIBIT A y
e
9
9
thence leaving said southerly right-of-way line S.46°08'38"E.,a distance of 64.43 feet to the
westerly right-of-way fine of S.W.Roy Rogers Road (CR 3150),being 87.00 feet from
centerline,and a point of non-tangent curvature;thence southeasterly along said westerly +
right-of-way line on the arc of a 294.97 foot radius curve right(the radius point of which
bears S.85°35'57"W.)through a central angle of 4°34'23",a distance of 23.54 feet(chord 1
bears S.02°06'51"E.,a distance of 23.54 feet)to the northerly right-of-way line S.W.Scholls
Highway 210(CR 348),being 30.00 feet from centerline;thence N.87°59'12"W. along said
northerly right-of-way line,a distance of 242.23 feet to the True Point of Beginning. #
i
i
AND INCLUDING the following described tract of land:
Commencing at the S.W.Scholls Ferry Road centerline Station 122+98.50,as centerline is
shown on Survey No.32411,Washington County Survey Records; thence N.76°37'45"E.
along said centerline,a distance of 684.08 feet,thence leaving said centerline S.13°22'15"E.,
a distance of 55.00 feet to the southerly right-of-way line of S.W.Scholls Ferry Road and.the
TRUE POINT OF BEGINNING of the tract herein described;thence N.76°37'45"E.
along said southerly right-of-way line,a distance of 192.58 feet to the point of curve right of
1,377.39 foot radius curve;thence continuing along said southerly right-of-way line on the
arc of said curve right through a central angle of 0°13'49",a distance of 5.54 feet(chord
bears N.76°44'40"E.,a distance of 5.54 feet)to the northwesterly right-of-way line of-S.W.
Scholls Highway 210,being 25.00 feet from centerline; thence S.59°11'32"W. along said
northwesterly right-of-way line,a distance of 309.20 feet;thence leaving said northwesterly
right-of-way line N.02°40'02"E.,a distance of 38.58 feet,thence N.43°48'57"E.,a distance
of 102.58 feet to the True Point of Beginning.
AND INCLUDING the following described tract of land:
F
Beginning at a point on the east line of the west one-half of the northeast one-quarter of
Section 6,Township 2 South,Range 1 West,Willamette Meridian,which point bears
S.02°06'35"W.,a distance of 2,448.66 feet from the northeast corner of said west one-half of f
the northeast one-quarter and being on the southeasterly right-of-way)rine of S.W.Scholls
Highway 210,being 25.00 feet from centerline;thence S.02°06'35"W.along said east line of
the west one-half of the northeast one-quarter,a distance of 91.40 feet to the northwesterly
right-of-way line of Unnamed County Road 746,being 25.00 feet from centerline; thence
S.59°00'00"W.along said northwesterly right of way line,a distance of 211.50 feet to the F
northerly right-of-way line of S.W. Friendly Lane(CR 348); thence N.87°59'12"W.along
said northerly right-of-way line,a distance of 149.46 feet to said southeasterly right-of-way E
line of S.W. Scholls Highway 210,being 25.00 feet from centerline;thence N.59°11'32"E. E
along said southeasterly right-of-way line,a distance of 316.52 feet to the point of curve right
of a 691.20 foot radius curve;thence continuing along said southeasterly right-of-way line on 1
E
. E
E
E
f
E
E
I \1'rojt ct\IG71,0\16985\Surrey\f cyaM\So Cooper Min IGA OR2015.doc
F
C
E
rfE
C
the arc of said curve right through a central angle of 5°49'57",a distance of 70.36 feet(chord
bears N.62°06'30"E.,a distance of 70.33 feet) to the Point of Beginning.
AND INCLUDING the following described tuact of land:
Beginning at a point on the east line of the west one-half of the northeast one-quarter of
Section 6,Township 2 South,Range I West,Willamette Meridian,which point bears
S.02°06'35"W.,a distance of 2,599.74 feet from the northeast corner of said west one-half of
the northeast one-quarter and being on the southeasterly right-of-way line of Unnamed 1
County Road 746,being 25.00 feet from centerline;thence S.02°06'35"W. along said east
line of the west one-half of the northeast one-quarter,a distance of 55.54 feet to the 1
northerly right-of-way line of S.W. Friendly Lane(CR 348),being 30.00 feet from centerline;
thence N.87°59'12"W.along said northerly right of way line,a distance of 85.38 feet to the
southeasterly right-of-way line of said Unnamed County Road 746;thence N.59°00'00"E. l
along said southeasterly right-of-way line,a distance of 101.94 feet to the Point of Beginning.
Contains 54.69 acres,more or less.
l
t
1
}
g
t
l
F
e{E
fi
e
1.:\Pwject\16900\16985\SuFrcyV cyalx\So COOM Min 1GA 082015Aoc
l
F
E
u
O T1
00•,,,.. rw ,P4nrW,�MIMrwW,u �... E
LA
1
�El�rffiYi
11�
I �
1
I
o'00
o
I• �', 1 g,��co
�z
yA
` DO
1 ` �
AtlWl
I t
to
to
war,ri Ni7t
,Y $
------------
PRELIMINARY EXHIHI'P- II lII 2016
SOUTH COOPER MOUNTAIN HEIGHTS
0 • BEAVERTON, OREGON
0 � EXISTING CONDITIONS sw t w
EXHIBIT B