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Ordinance No. 21-10 CITY OF TIGARD, OREGON TIGARD CITY COUNCIL ORDINANCE NO. 21-/d AN ORDINANCE ANNEXING TWO (2) PARCELS OF LAND TOTALING APPROXIMATELY 11.26 ACRES AND ONE-HALF OF THE ADJOINING SW BEEF BEND ROAD RIGHT-OF-WAY, APPROVING THE FROUDE ANNEXATION(ZCA2021-00002),AND WITHDRAWING PROPERTIES FROM THE TIGARD WA_'t R DISTRICT, WASHINGTON COUNTY ENHANCED SHERIFF'S PATROL DISTRICT,AND WASHINGTON COUNTY URBAN ROAD MAIN f MANCE DISTRICT. WHEREAS,the City of Tigard is authorized by ORS 222.120(4)(b),ORS 222.125,and ORS 222.170(1)to annex contiguous territory upon receiving written consent from owners of 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 boundaries of the Tigard Water District,Washington County Enhanced Sheriffs Patrol District,and Washington County Urban Road Maintenance District upon completion of the annexation;and WHEREAS, the Tigard Planning Commission held a public hearing on April 5, 2021, and Tigard City Council held a public hearing on May 11, 2021, to consider the annexation of two (2) parcels of land consisting of Washington County Tax Map (WCTM) 2S110BC, Tax Lot 1300, and WCTM 2S110CB, Tax Lot 1800 and adjoining right-of-way,and withdrawal of said parcels and adjoining right-of-way from the Tigard Water District, Washington County Enhanced Sheriffs Patrol District, and Washington County Urban Road Maintenance District;and WHEREAS, pursuant to Metro 3.09, ORS 222.120, and 222.524, notice was given and the City held two (2) public hearings on the issue of annexation into the City on April 5,2021 and May 11,2021;and WHEREAS,pursuant to ORS 222.524,the City must declare the withdrawal of the annexed properties from the Tigard Water District, Washington County Enhanced Sheriffs Patrol District, and Washington County Urban Road Maintenance District;and WHEREAS,the Tigard Community Development Code states that upon annexation, the zone is automatically changed to the City zoning which most closely implements the City's comprehensive plan map designation,or to the City designations which are the most similar;and WHEREAS, the annexation has been processed in 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 Tigard City Council has carefully considered the testimony at the public hearing and determined that withdrawal of the annexed properties from the applicable service districts is in the best interest of the City of Tigard. NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: The Tigard City Council hereby annexes the subject parcels and adjoining right-of-way as described and shown in the attached Exhibits "A" and "B", and withdraws said parcels ORDINANCE No. 21-/6 Page 1 from the Tigard Water District,Washington County Enhanced Sheriffs Patrol District, and Washington County Urban Road Maintenance District. SECTION 2: The Tigard City Council adopts the "Planning Commission Recommendation to the City Council" (ZCA2021-00002) as findings in support of this decision; a copy of the recommendation is attached hereto as Exhibit "C", and incorporated herein by this reference. SECTION 3: City staff is directed to take all necessary measures to implement the annexation,including filing a certified copy of this ordinance with Metro for administrative processing, filing with state and county agencies as required by law,and providing notice to utilities. SECTION 4: If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, such invalidity does not affect the other provisions or applications of the ordinance which can be given effect without the invalid provision or application,and to this end the provisions of this ordinance are severable. This City Council hereby declares that it would have adopted this ordinance irrespective of the invalidity of any particular portion thereof and intends that the invalid portions should be severed and the balance of the ordinance be enforced. SECTION 5: Pursuant to ORS 222.120(5),the effective date of the withdrawal of the properties from the Tigard Water District, Washington County Enhanced Sheriffs Patrol District, and Washington County Urban Road Maintenance District will be the effective date of this annexation. SECTION 6: This ordinance will be effective 30 days after its passage by the Council, signature by the Mayor, and posting by the City Recorder. In accordance with ORS 222.180, the annexation will be effective upon the effective date of this ordinance and filing with the Secretary of State. PASSED: By /l/emin a1,eL._ vote of all council members present after being read by number and title only,this gilt day of 'i 74ry.- ,2021. Carol A.Krager,City Recoider APPROVED: By Tigard City Council this /!.today of 4c s 2021. Jas-on B. Snider,Mayor Approved as to form: City Attorney 5/12/2021 Date ORDINANCE No.21-10 Page 2 R• ••01.01.= _ 12965 A 9 5 SW HermanINRoFORSuste 100,Tualatin,o LLC 97062 AKS Job#4959 ' BEND, c°m OFFICES) 6 6151 www.aks-en OR- KEIZER,OR -TUALATIN,OR VANCOUVER, P: 508 563• � Q, ENGPh1M�IN6&I:CJRE3ZRY WA EXHIBIT A City of Tigard Annexation A tract of land located in the Northwest One-Quarter and Southwest One-Quarter of Section 10, Township 2 South,Range 1 West, Willamette Meridian, Washington County, Oregon,and being more particularly described as follows: Beginning at the northwest corner of the plat of"South View Heights", also being on the City of Tigard city limits line;thence along said city limits line and along the west line of said plat and the southerly extension thereof, South 01°37'55" West 855.75 feet to the centerline of SW Beef Bend Road;thence along said centerline and leaving said city limits line, South 58°58'34" West 143.77 feet;thence continuing along said centerline on a curve to the left with a Radius of 1500.00 feet, Delta of 05°27'45", Length of 143.01 feet, and a Chord of South 56°14'41"West 142.95 feet;thence South 53°30'49"West 29.58 feet to the southerly extension of the east line of the plat of "Turnagain Heights";thence along said southerly extension and said east line,North 01°49'12" West 1037.35 feet to the south line of the plat of"Thornwood"and the City of Tigard city limits line;thence along said south line and said city limits line, South 88°10'28"East 87.46 feet to the southeast corner of said plat;thence along the east line of said plat and the northerly extension thereof, and continuing along said city limits line,North 02°07'51"East 809.63 feet to the southerly right-of-way line of SW Bull Mountain Road(20.00 feet from centerline);thence along said right-of-way line and continuing along said city limits line,North 88°17'05"East 260.37 feet to the west line of the plat of"Bull Mountain View Estates";thence along said west line and the southerly extension thereof, and continuing along said city limits line, South 02°09'15"West 825.71 feet to the north line of the plat of"South View Heights";thence along said north line and continuing along said city limits line,North 88°10'28"West 23.59 feet to the Point of Beginning. The above described tract of land contains 11.26 acres, more or less. 01/22/2021 ANNEXATION CERTIFIED REGISTERED PROFESSIONAL OFESSIONAL BY LAND SURVEYOR FEB 16 2021 OREGON WASHINGTON COUNTY A&T JANUARY 12, 2016 CARTOGRAPHY MICHAEL S. KAURA 89558PLS RENEWS: 6/36/21..... NN88'17'05"E 260.37 EXHIBIT B - _ 7_-_--1 -- .# -_ - - 1 -- ____ - - A TRACT OF LAND SW ULL MOUNTAIN RD €`, ,° -- r ^'f'--- 4^1 _ LOCATED IN . - rTHE NW 1/4 AND SW 1/4 OF l ' ) ! SEC. 10, T2S, R1W, W.M., - — — - - —\ "TROY11 - 4, MOUNTAIN WAL-1691191\icEajty, OREGON VIEW " PAR o' ESTASV �- :".._ _ �:. �1'. r'•s ,1:4:i: MESTA�RS D FEB 16 1011 T � 02/09/2021 ' I _— HiGNGTQN GCSIT JfREGISTEREDv� ART4 irYAROFSSOOA ND PROFESSIONAL I oSPEN JANUARY OREGON �'\'--- - 12° 2016 NSW ASPEN RIDGE DR . . '-- -NORTH UNE OF-- MICHAEL S. KAIJNA THE SW 1/4 89558PLS S8810'28I E-I7.46' " RENEWS. 6/30/11 l 1 "ASPEN RIDGE - i -CITY OF TIGARD AREA: ,\ N8810'28"Wi 23.59' 1 CITY UMITS / 11.26 ACRES± POINT OF BEGINNING NW CORNER OF PLAT OFO "SOUTH VIEW HEIGHTS" -. "SgUTH _ I -SW AUTi UMNVIEW ST VIEW �_ - 1 114 —� INEIi}1TJ" I �— SCALE: 1'°=200 FEET • 11°111116P6i ,TURNAGAIIN ,• 1 SW TURNAGAIN DR 0._ 200 040 100 200 }#EIGHT 1, 1 ---•"N •ilT 1 :: #Ire„ kr) co, o tx Z - — lir) CURVE TABLE _ r, (1 c e E RADIUS DELTA LENGTH CHORD '` \ 1 Cl 1500.00' 5'27'45" 143.01' S5614°411 142.95° N r / - G; ' '' S58'58'34"W 143.77' CITY OF TIGARD ,---- 4r Cl -- _ ANNEXATION MAP 1 EXHIBITB �ti�© L=143.01' 12965AKS SW HERMAN RD,GINEERING & S TE 1100ESTRY, LLC MSK ,53a�p4` S53.30 49 W TUALA11N, OR 97062 >alcs roe: 559 til 49&1'(71'Atiso ali 01 t 29. 503.563.6151 WWW.AKS-ENG.COM 495