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LUBA2006-197 - Kinton Fowler, Richard Franzke, Lisa Hamilton-Treick . 1 BEFORE THE LAND USE BOARD OF APPEALS 2 OF THE STATE OF OREGON DEC1.9'06 6"' 9~~~ L€~~ 3 Nand L FOWLER, RICHARD FRANZKE AMII,TON ~I 5 6 Petitioners, 7 DEC 2 0 2006 8 vs. 9 RAMIS CREW CORRIGAN, LLP 10 CITY OF TIGARD, ATTORNEYS AT LAW 11 Respondent. 12 13 LUBA No. 2006-197 14 15 FINAL OPINION 16 AND ORDER 17 18 Appeal from City of Tigard. 19 20 Lawrence R. Derr, Portland, represented petitioners. 21 22 Gary F. Firestone, Portland, represented respondent. • 23 24 HOLSTUN, Board Member; BASSHAM, Board Chair; RYAN, Board Member, 25 participated in the decision. 26 27 DISMISSED 12/18/2006 28 29 You are entitled to judicial review of this Order. Judicial review is governed by the 30 provisions of ORS 197.850. Page 1 1 Holstun, Board Member. 2 Petitioners requests that this appeal be ' dismissed. Accordingly, this appeal is 3 dismissed. The Board will return petitioners' $150 deposit for costs. • • Page 2 Certificate of Mailing I hereby certify that I served the foregoing Final Opinion and Order for LUBA No. 2006-197 on December 19, 2006, by mailing to said parties or their attorney a true copy thereof contained in a sealed envelope with postage prepaid addressed to said parties or their attorney as follows: Gary F. Firestone Ramis Crew Corrigan LLP 1727 NW Hoyt Street Portland, OR 97209 Lawrence R. Derr Attorney at Law 425 10th Avenue, #306 Portland, OR 97209 • Dated this 19th day of December, 2006. Kelly Burgess Debra A. Frye Paralegal Executive Support Specialist RAMIS CREW CORRIGAN LLP ATTORNEYS AT LAW 1727 NW HOYT STREET PORTLAND, OREGON 97209 RECEIVED PLANNING TELEPHONE (503) 222-4402 Gary Firestone FAX (503) 243-2944 RaryfRrcclawVers.com WWW.RCCLAWYERS.COM NOV 2 7 2006 CITY OF TIGARD November 21, 2006 Debra A. Frye Executive Support Specialist Land Use Board of Appeals PUC Building 550 Capitol Street, Suite 235 Salem, OR 97301-2552 Re: Fowler, Franzke and Hamilton-Treick v. City of Tigard LUBA No.: 2006-197 Dear Debra: This office represents the City of Tigard in the above referenced matter. The City of Tigard will be delaying submission of the record, by agreement with Petitioners, to allow time to see if the matter can be resolved. Please contact our office if you have any questions. Very yours, G Firestone lrs cc: City of Tigard Lawrence R. Derr TABLE OF CONTENTS OF RECORD LUBA RECORD NO. 2006-197 Kinton Fowler vs. City of Tigard, et al City of Tigard File No. ZCA2006-00002 - Cach Creek Area Annexation Statement Certifying the Record Statement Certifying the Record i Certificate of Filing/Certificate of Service ii Table of Contents iii-v PAGE 10/31/06 Letter to the Land Use Board of Appeals Clerk of the Court from Kathie Garcia, Legal Assistant to Lawrence R. Derr including "Notice of Intent to Appeal" and attachments. 1 10/23/06 Letter to Bob Knight with Metro from Patty Lunsford with the City of Tigard 7 10/19/06 Memorandum to City of Tigard Departments from Pat Lunsford regarding Cach Creek Area Annexation 12 10/18/06 Letter to Public Utilities, etc. operating within the City of Tigard from Patty Lunsford including certified mail slips 14 10/18/06 Affidavit of Mailing Notice of Final Order by the City Council for the Cach Creek Area Annexation/ZCA2006-00002 including attachments 58 10/18/06 Email from Carolyn \-I. Sunderman with the State of Oregon Department of Revenue to Pat Lunsford 103 10/17/06 Letter to Carolyn Sunderman with the Oregon Department of Revenue from Pat Lunsford 104 10/13/06 Letter from Carolyn Sunderman with the Oregon Department of Revenue to Emily Eng with the City of Tigard 109 10/10/06 Ordinance No. 2006-15 adopted b the City Council annexing 35.78 acres including attachments 110 • 10/10/06 City Council Agenda 140 10/10/06 Council Agenda Item Summary 144 Attachment 1: Proposed Ordinance annexin 35.78 acres 146 Exhibit A: Legal Description of Proposed Te"ilog 149 Exhibit B: Washin ton Coun Taxation and Assessment Ma or Pro osed Territo 152 Exhibit C.• Site and Viani Ma 154 Exhibit D: Petition or, and Consent to, Annexation to the Cho of Tigard 155 Exhibit E: Staff Report to the City Council 164 Addendum 1: Memo Concerning Revisions to Staff Report 176 Su lemental Exhibit A: Supplemental Findings in Support of the Cach Creek Area Annexation 179 Supplemental Exhibit B: Additional Information and Public Comments Submitted to the Record 185 Supplemental Exhibit C.• Assessed Value of Proernes to be Annexed 206 10/10/06 Email from Dick Bewersdorff/Ci of Tigard to Tom Woodruff/City Councilor 207 10/10/06 Email from Dick Bewersdorff/Ci = of Tigard to Tom Woodruff & Nick Wilson City Councilors 208 10/4/06 Letter to Carolyn Sunderman/De artment of Revenue from Emily En /Ci = of Tigard 211 10/2/06 Receipt from the Washington County Clerk for modified Cach Creek Annexation & Maps 212 10/2/06 Email from Carol Krager to City Staff regarding submission of written comments on the Cach Creek Annexation 213 9/26/06 Statement read b the City Attorney regarding Quasi-judicial Land Use Hearin Procedures (Agenda Item #6 214 9/26/06 Sign-in Sheet for Cach Creek Area Annexation (Agenda Item # 6 216 9/26/06 City Council Agenda 217 9/26/06 Council Agenda Item Summary 222 Revised Cach Creek Area Ordinance annexing 34.82 acres Ordinance No. 2006-15 224 Attachment 1: Proposed Ordinance annexin 40.93 acres 227 Exhibit A: Le al Description of Proposed Annexation Temto 230 Exhibit B: Irlashin on Coun Taxation and Assessment M or % posed Annexation Temto 232 Exhibit C.• Site and Vicini M of Proposed Annexation Temta 236 Exhibit D: Petition for, and Consent to, Annexation to the Ci of Tigard 237 Iii Exhibit E: Staff Report to the Ci Counazl 247 • 9/25/06 Forwarded Email from Gary Pagenstecher to various City Staff regarding Brentwood Estates annexation withdrawal 259 9/13/06 " D,lotion for Preliminary Restraining Order" in the Circuit Court of the State of Oregon for the County of Washington, Case No. C062937CD by Kinton Fowler, Richard Franzke and Lisa Hamilton-Treick, individuals as Plaintiffs; vs. City of Tigard, a municipal corporation as Defendant 260 9/13/06 "Memorandum of Law in Support of \4otion for Preliminary Restraining Order" in the Circuit Court of the State of Oregon for the County of Washington, Case No. C062937CD by Kinton Fowler, Richard Franzke and Lisa Hamilton-Treick, individuals as Plaintiffs; vs. City of Tigard, a municipal corporation as Defendant 263 9/13/06 "Declaration of Lawrence R. Derr in Support of Motion for Preliminary Restraining Order" in the Circuit Court of the State of Oregon for the County of Washington, Case No. C062937CD by Kinton Fowler, Richard Franzke and Lisa Hamilton-Treick, individuals as Plaintiffs; vs. City of Tigard, a municipal corporation as Defendant including attachments 268 9/13/06 "Proposed Order" in the Circuit Court of the State of Oregon for the County of Washington, Case No. C062937CD by Kinton Fowler, Richard Franzke and Lisa Hamilton-Treick, individuals as Plaintiffs; vs. City of Tigard, a municipal corporation as Defendant 320 9/11/06 Letter to EmilEn /Ci of Tigard from Carolyn Sunderman/Oregon Department of Revenue 323 9/7/06 & 9/14/06 Affidavit of Publication by Community Newspapers for ZCA2006-00002/Cach Creek Area Annexation 324 9/l/06 Letter to Emil En /Ci of Tigard from Carolyn Sunderman/Ore on Department of Revenue 325 8/24/06 Letter to Arthur & Claudia Townsend from Emil En /Ci of Tigard 326 8/22/06 Letter to Carolyn Sunderman/Ore on Department of Revenue from Emily En /Ci of Tigard 327 8/21/06 Letter from Lawrence R. Derr/Attorney to Timothy V. Ramis, Esq. including "Complaint - Action for Declaration of Rights; Preliminary and Permanent Injunction" in the Circuit Court of the State of Oregon for the County of Washington, Case NO. C062937CD by Kinton Fowler, Richard Franzke and Lisa Hamilton-Treick, individuals as Plaintiffs; vs. City of Tigard, a municipal corporation as Defendant 328 8/21/06 Letter to Emily En /Ci of Tigard from Carolyn Sunderman/Oregon Department of Revenue 335 • 8/16/06 Letter to Carolyn Sunderman/Ore on Department of Revenue from Emily En /Ci of Tigard 336 Comments received from Staff and Agencies during the Initial Comment Period of 8/11/06 through 8/25/06 Request or comments from Lynn Smith, Qwest Engineering Ri ht o -W Manager dated 8117106 337 Comments ram ohn K Dalb , Tualatin Vall Fire & Rescue D u Fire Marshal dated 8/21 /06 338 Comments from Kevin DeAngelis dated 8117106 339 Comments rom Michael Orth dated 8113106 340 Comments from Clare Zickuhr dated 8111/ 06 341 Comments rom Susan Tiedemann dated 8110/ 06 343 8/11/06 Request for Comments and Notice of Public Hearing Notification and Mailing List of City Offices, Special Districts, Local and State jurisdictions and Utility Providers and Special Agencies that were notified 344 8/11/06 Affidavit of Posting Notice of 9/26/06 Public Hearing at the Library, City Hall & Permit Center for ZCA2006-00002/Cach Creek Area Annexation, including attachment 346 8/11/06 Affidavit of Posting Notice of 9/26/06 Public Hearing in the general vicinity of the affected territory for ZCA2006-00002/Cach Creek Area Annexation, including attachment 348 8/8/06 Letter to Mark E. & Wend J. Brands from Emil, En /Ci , of Tigard 3-10 8/8/06 Letter to Nan Younger from Emily En /Ci of Tigard 351 8/8/06 Letter to Lester Carlson from Emil En /Ci of Tigard 352 8/8/06 Letter to Michael H. & Denise A. Portwood from Emil, En /Ci of Tigard 353 8/8/06 Letter to David & Kathleen K. Reimann from Emil* En /Ci of Tigard 354 8/8/06 Letter to Brian G. & Karen Vii. Pautz from Emily En /Ci r of Tigard 355 8/8/06 Letter to Cleve D. & Janice E. Ward from Emily En /Ci of Tigard 356 8/8/06 Letter to Arthur V. & Claudia A. Townsend from Emily En /Ci * of Tigard 357 8/8/06 Letter to Christopher & Sheri Cach from Emily En /City of Tigard 358 8/8/06 Letter to Leon D. & Carol A. White from Emil* En /Ci of Tigard 359 8/8/06 Letter to Scott E. Heino & Heather A. Clark from Emily En /City of Tigard 360 8/8/06 Letter to Richard Cal ano & Vicki A. Webster-Cal no from Emil= En /Ci of Tigard 361 8/7/06 Affidavit of Mailing Notice of 9/26/06 Public Hearing before the City Council for ZCA2006-00002/Cach Creek Area Annexation, including attachments 362 1V 8/3/06 -Ma and Mailing list of property owners within 500' of the proposed annexation 392 Land Use Proposal Description for ZCA2006-00002/Cach Creek Area Annexation 419 Applicant's Submittal Cach Creek Area Annexation Proposal Cover Page 420 Proposal Summa 421 Summa of the Contents of the Applicant's Submittal 422 SECTION 1. Cover Sheet 423 Type 1\7 Application 424 Statutory Special Warranty Deed for City of Tigard property involved in the Cach Creek Area Annexation for Tax Map 2S1 15DC, Tax Lots 00100, 00300, 00400, and a Portion of 00200. Washington County, Oregon Recording No. 2006-100221, dated 8/22/06 426 Site Ma 446 List of Tax Lots and Corresponding Property Owners 447 Completed Annexation Petition for Double Majority Annexation (Includes 10 sheets. All property owners have consented 448 Certification of Property Ownership b Washington County 458 Certification of Legal Description and Nlap by Washington County 459 Legal Description 460 Washington County Tax Maps 462 SECTION 2. Cover Sheet 465 Applicant's Narrative 466 Attachment A: `Memorandum" from Rob Murchison, Public Works Department Project Engineer 475 Attachment B: `Memorandum"from Gus Duenas, Ci En ineer 478 Attachment C.• E-mail from Jim W/o , Tigard Police Department 482 Attachment D: Tigard Urban Service Agreement, July 2006 483 6/23/06 Pre-Application Conference Notes 512 The following oversized documents are NOT included with this record: 9/26/06 Audio Tapes: 3 9/26/06 Video Tapes: 1 10/10/06 Audio Tapes: 3 10/10/06 Video Tapes: 1 A copy of all oversized documents can be obtained by contacting Patricia Lunsford, City of Tigard, 503-718-2438, 13125 SW Hall Boulevard, Tigard Oregon 97223 or by email to patty@6gard-oL.gov. V LAW OffiCES Of JOSSELSON, POTTER & RObERTS n~ THE GREGORY • SUITE 306 'T C1~ 425 NW IOTIi AVENUE PORTIANd, OREGON 97209 ~O TEIEPhONE: (503) 228-1455 1/0 Q October 31, 2006 OP lOp VIA CERTIFIED, RETURN I~'19 RECEIPT REQUESTED O 7001 2510 0003 6662 9239 Clerk of the Court Land Use Board of Appeals 550 Capitol NE, Suite 235 Salem, OR 97301-2552 Re: Kinton Fowler v. City of Tigard, et al. Dear Clerk: Enclosed for filing is an original and two copies of petitioners' Notice of Intent to Appeal, along with a check to cover filing fees. • Very truly yours, Kathie Garcia Legal Assistant to Lawrence R. Derr cc: Timothy Ramis City of Tigard Tigard Water District Tigard Water Board Jon. Dyer Lisa Hamilton-Treick Richard A. Franzke Karen and John Molloy Kinton Fowler Linda Rogers Leighton Walsh Michael and Mary Ann Orth • LAWRENCE R. DERR FACSIMILE: (503) 228-0171 OF COUNSEL E-MAIL JPR@J[ 1 BEFORE THE LAND USE BOARD OF APPEALS OF THE STATE OF OREGON Kinton Fowler, Richard Franzke, and Lisa Hamilton-Treick, ) LUBA No. Q Petitioners, ) VS. ) i City of Tigard, ) Respondent. ) NOTICE OF INTENT TO APPEAL 1. i Notice is hereby given that petitioner intends to appeal that land use decision or limited land use decision of respondent entitled ORDINANCE NO. 2006-15, AN ORDINANCE ANNEXING 35.78 ACRES, APPROVING CACH CREEK AREA f ANNEXATION (ZCA2006-00002), AND WITHDRAWING PROPERTY 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, which became final not earlier than October 10, 2006. A copy of the NOTICE OF FINAL ORDER BY THE TIGARD CITY COUNCIL is attached as Exhibit A. 11. Petitioners are represented by: Lawrence R. Derr, 425 NW 10th Avenue, Suite 306, Portland, OR 97209, (503) 228-1455. Page 1 - NOTICE OF INTENT TO APPEAL 2 III. The City Council of respondent City of Tigard has as its mailing address and telephone number: Tigard City Hall, 13125 SW Hall Boulevard, Tigard, OR 97223, (503) 639-4171 and has as its legal counsel: Timothy Ramis, Ramis Crew Corrigan, LLP, i 1727 NW Hoyt Street, Portland, OR 97209, (503) 222-4402. N. The applicants are the City of Tigard, Tigard City Hall, 13125 SW Hall 1 Boulevard, Tigard, OR 97223, (503) 639-4171, Tigard Water District, PO Box 2300, Tigard, OR 97281, (503) 639-3516, and Jon Dyer, PO Box 848, Lake Oswego, OR I 97034. Other persons mailed written notice of the land use decision or limited land use decision by the City of Tigard as indicated by its records in this matter, include the i i persons listed in Exhibit B attached. NOTICE: Anyone designated in paragraph N of this Notice who participated in the proceedings before the City of Tigard and who desires to participate as a party in this case before the Land Use Board of Appeals must file with the Board a Motion to i Intervene in this proceeding as required by OAR 661-10-050. L,Za-wle-nce R. Derr Attorney for Petitioners Page 2 - NOTICE OF INTENT TO APPEAL 3 CERTIFICATE OF FILING AND SERVICE I certify that on October 31, 2006, I caused to be filed the original of this Notice of Intent to Appeal together with two copies with the Land Use Board of Appeals, Public Utility Commission Building, 550 Capitol N.E. Suite 235, Salem, OR 97301-2552 by I certified mail. I also certify that on October 31, 2006, I caused to be served true and correct copies of this Notice of Intent to Appeal on all persons listed in paragraphs III and IV of i i this Notice pursuant to OAR 661-10-015(2) by first class mail. i DATED: October 31, 2006 L-f awrence R. Derr Attorney for Petitioners i f I • Page 3 - NOTICE OF INTENT TO APPEAL i i 4 EXHIBIT A 120 DAYS = N/A DATE OF FILING: 10/13/2006 ,I ATE MAILED: 10/18/2006 CITY OF TIGARD i Washington County, Oregon NOTICE OF FINAL ORDER BY THE CITY COUNCIL Case Number. ZO CHANGE ANNEXATION ZCA 2006-00002 Case Name: CACH CREEK AREA ANNEXATION Applicant/Coordinator's O of T and 13125 SW Hall Boulevard T and OR 97223 Multiple -A Name/Address: Owner's Names/Addresses: City of T and 13125 S Hall Boulevard Ti and OR 97223 Tigard ater District PO Box 23000 T OR 97281 Ion Dygr PO Box 848 Lake Oswego, C 9 03 Addresses of Properties: 1 230 and 13425 S 1546 Avenue; and 51 0 S Sunrise Lane, Remainin amels have no addresses Tax Map/Lot Nos.: Was ' on Co. Tax Assessor's I No. 2S105DB Tax Lots 400, 6100 and 6200• 2S105DC, Tax Lots 201,300 and 400; 2S105DD, Tax Lots 200 and 300. 1 A FINAL ORDER INGORPORATING THE FACTS, FINDINGS AND CONCLUSIONS APPROVING A REQUEST FOR ANNEXATION (ORDINANCE NO. 200E15). TIE CITY OF TIGARD CITY COUNCIL HAS REVIEWED THE APPLICANTS PLANS, NARRATIVE, MATERIALS, COMMENTS OF REVIEWING AGENCIES, THE PLANNING DIVISIONS STAFF REPORT RECOMMENDATIONS FOR THE APPLICATION DESCRIBED IN FURTHER DETAIL IN THE STAFF PORT. THE CITY CbUNCIL HELD THE PUBLIC HEARING ON THIS ITEM ON SEPTEMBER 26, 2006 PRIOR TO MAKING A DECISION ON THE REQUEST ON OCTOBER 10. 2006. THIS DECISION HAS BEEN BASED ON THE FACTS, FINDINGS AND CONCLUSIONS CONTAINED WITHIN THIS FINAL 1 ORDER I Request: ➢ Annexation of eight (8) parcels of land totaling 35.78 acres, including right-of-way on SW Sunrise Lane into the City of Tigard. ON OCTOBER 10, 2006, THE CITY COUNCIL UNANIMOUSLY APPROVED THIS REQUEST (Ordinance No. 2006-15). Zones: R-7: Medium-Density Residential District; and R-25: Medium High-Density Residential District. Applicable Review Criteria: The approval standards for annexations are set out in Community Development Code Chapters 18.320 and 18.390, Comprehensive Plan Policies 2 and 10; ORS Chapter 222; and Metro Code Chapter 109. Action: ➢ 19 Approval as Requested ❑ Approval with Conditions ❑ Denial Notice: Notice was published in the newspaper and mailed to: 0 Owners of Record within the Required Distance 19 Affected Government Agencies 19 Interested Parties O The Applicants and Owners Final Decision: THIS IS THE FINAL DECISION OF THE CITY AND IS EFFECTIVE ON NOVEMBER 9, 2006. The adopted findings of fact, decision and statement of conditions can be obtained from the City of Tigard Planning ivision, Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon. Appeal: A review of this decision may be obtained by filing a notice of intent to appeal with the Oregon Land Use Board of Appeals (CUBA) according to their procedures within 21 days. Questions: If you have any questions, please call the City of Tigard Planning Division or the City Recorder at 503.639.4171. 5 EXHIBIT B City of Tigard ZCA2006-00002 Contact: Beth St. Amand CACH CREEK AREA ANNEXATION 13 SW Hall Blvd. Tl# OR 97223 "Notice of Final Order By the City Council" City of Tigard Linda Rogers Contact: Dennis Koellermeier 13125 SW Hall Blvd. 15585 SW Baker Ln. , Tigard, OR 97223 Tigard, OR 97224 Tigard Water District Leighton Walsh PO Box 23000 15169 SW Sunrise Lane Tigard, OR 97223 Tigard, OR 97224 Bill Scheiderich Tigard Water Board Leighton Walsh ~ 13655 SW Stevens Court 15165 SW Sunrise Lane Tigard, OR 97223 Tigard, OR 97224 I Jon Dyer Michael and Mary Ann Orth PO Box 848 14533 SW Nemarnik Drive Lake Oswego, OR 97304 Tigard, OR 97224 • Lisa Hamilton-Treick 13546 SW Beef Bend Road Tigard, OR 97224 Richard A. Franzke 14980 SW 133`d Avenue Bull Mountain, OR 97224 Karen and John Molloy 14718 SW Grandview Ln. Tigard, OR 97224 Lawrence R. Derr Josselson, Potter & Roberts Law Offices 425 NW 10th Avenue, Suite 306 Portland, OR 97209 Oton Fowler 16170 SW Hazeltine Ln. Tigard, OR 97224 6 October 23, 2006 Bob Knight CITY OF TIGARD Metro Data Resource Center OREGON Boundary Change Office 600 NE Grand Avenue Portland, OR 97232-2736 Dear Mr. Knight: The following information is enclosed with this letter in regard to property recently annexed into the City of Tigard. Cityfile No./Name: ZCA2006-00002/Cach'Creek Area Annexation ♦ Certified as Original Copy of Ordinance No. 2006-15. ♦ Legal Description of the Subject Properties (pre-approved by the Department of Revenue # DOR 34-1823-2006). ♦ Assessor's Map of the Subject Properties. ♦ Notice to Taxing Districts from the Department of Revenue. ♦ Metro Mapping Fee in the amount of $300.00 for 35.78 acres. Additional information on the subject properties: Map/Tax Lot Number. 2S105DB, 00400 Property Address: 13425 SW 154' Avenue Property Owner Name/Mailing Information: Tigard Water District 8777 SW Burnham Street PO Box 23000 Tigard, OR 97223 Map/Tax Lot Number. 2S105DB, 006100 Property Address: 13230 SW 154`h Avenue Property Owner Name/Mailing Information: City of Tigard 13125 SW Hall Blvd. Tigard, OR 97223 Map/Tax Lot Number. 2S105DB; 006200 Property Address: No site address Property Owner Name/Mailing Information: • City of Tigard . 13125 SW Hall Blvd. Tigard, OR 97223 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 TDD (503) 684-2772 7 Map/Tax Lot Number. 2S105DC, 00201 Property Address: No site address Property Owner Name/Mailing Information Gty of-Tigard 13125 SW Hall Blvd. Tigard, OR 97223 Map/Tax Lot Number. 2S105DC, 00300 Property Address: No site address Property Owner Name/Mailing Information: City of Tigard 13125 SW Hall Blvd. Tigard, OR 97223 Map/Tax Lot Number. 2S105DC, 00400 Property Address: 15160 SW Sunrise Lane Property Owner Name/Mailing Information: City of Tigard 13125 SW Hall Blvd. Tigard, OR 97223 • Map/Tax Lot Number. 2S105DD, 00200 Property Address: No site address Property Owner Name/Mailing Information: Jon E. Dyer PO Box 848 Lake Oswego, OR 97034 Map/Tax Lot Number 2S1051DD, 00300 Property Address: No site address . Property Owner Name/Mailing Information: Jon E. Dyer PO Box 848 Lake Oswego, OR 97034 f ihave yq bons need further information, please call EmilyEng or me at 503-639-4171. ato Senfiv e pecialist c: Z00006-00002 Land use file 8 -,FOR 34-1823-2006 Notice to Taxing Districts ORS 308.225 O R E G O N DEPARTMENT (4W.OF REVENUE Cadastral Information Systems Unit PO Box 14380 Salem, OR 97309-5075 (503) 945-8297, fax 945-8737 City of Tigard Description and Map Approved Finance Director October 23, 2006 13125 SW Hall Blvd Tigard, OR 97223 As Per ORS 308.225 ® Description ® Map received from: CITY On: 10/17/2006 This is to notify you that your boundary change in Washington County for ANNEX TO CITY OF TIGARD; WITHDRAW FROM SEVERAL DISTRICTS • ORD#2006-15/ZCA2006-00002 has been: ® Approved 10/23/2006 ❑ Disapproved Notes: Department of Revenue File Number: 34-1823-2006 Prepared by: Carolyn Sunderman, 503-945-8882 Boundary: ® Change ❑ Proposed Change The change is for: ❑ Formation of a new district ® Annexation of a territory to a district ® Withdrawal of a territory from a district ❑ Dissolution of a district Transfer ❑ Merge 9 CITY OF TIGARD, OREGON 4 8 0 4 4 Vendor: Metro Check Date: 10/18/2006 Vendor No: Met00527 Vendor Acct No: Check Amount: $300.00 IrAdbw Number Date Description Invoice Amount reek 10/18/2006 Annexation Filing Fees - Cach Creek 300.00 DOCUMENT THE FACE OF THIS . . . . CITY OF TIGARD US BANK 24-22 4 8 0 4 4 13125 S:W. Hall Blvd. PORTLAND, OREGON 972D4 1230 Tigard, OR 97223 (503) 639-4171 CLTY OF TIGARD Fed..1D. 93-0503940. VOID AFTER 180 DAYS ::Pay: Three hundzed dollarsand Zero cents Date Amount 10/18/2006 $300.00 To fie ordof . Metro Accounts Receivable . 600 NE Grand Ave Portland, OR 97232-2736 ; hn m SECURITY FEATURES INCLUDED. DETAILS ON BACK MEMO 10 Postal I U.S. s CERTIFIED MAIL. RECEIPT ED (Domestic Mail Only; No insurance Coverage Provided) Er USE ru Postage $ r3 Certified Fee a o pafir Return Receipt Fee C3 (Endorsement Required) O d O Restricted Delivery Fee ~ (Endorsement Required) t3 Total Postage & Fees _n sent To Bob Knight C3 Metro Data Resource Center Boundary Change Office f~ -weer. APG iVO.; or PO Box No. 4 _ 600 NE Grand Avenue City State, ZIP+ Portland, OR 97232-2736 :rr rr SENDER: ti . • THIS SECTION COMPLETE THIS SECTION ON DELIVERY ■ Complete items 1, 2, and 3. Also complete Wnnrep item 4 •if Restricted Delivery is desired. ('Agent ■ Print your name and address on the reverse Addressee so that we can return the card to you. • eceived by (Printed Name) C. Pale of livery ■ Attach this card to the back of the mailpiece, or on the front if space permits. Z /Zia Qd 1. Article Addressed to: D. is delivery address craerent from item 1? ❑ es If YES, enter delivery address below. ❑ No Bob Knight i Metro Data Resource Center Boundary Change Office 600 NE Grand Avenue Portland, OR 97232-2736 3. jfke Type WCertified Mail ❑ Express Man - ❑ Registered ❑ Return Receipt for Merdmndise ❑ hm ed Man ❑ CAD. 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. Article Number (Transfer from service IaW 7 0 0 6 0 810 0002 4524 9884 PS Form 3811, February 2004 Domestic Return Receipt 102595-024A-1540 11 i 0- MEMORANDUM TO: Chief of Police, City Engineer, Engineering Technician/Jurisdictional Coordinator, Utility Billing, Franchise, Building Official, Library Director, GIS Specialist, City Recorder, and Public Works Manager. FROM: Patty Lunsford, Planning Secretary RE: RECENT ANNEXATION & CENSUS INFORMATION City of Tigard Ordinance No. 2006-15 File No.: ZCA2006-00002/Cach Creek Area Annexation DATE: October 19, 2006 • DATE COUNCIL ADOPTED: OCTOBER 10, 2006 • ORDINANCE EFFECTIVE DATE: NOVEMBER 9, 2006 TIGARD WATER DISTRICT WITHDRAWAL EFFECTIVE DATE: JULY 1, 2007 A Map and the Ordinance approving the annexation of the subject properties is attached. Detailed parcel information is listed below for the properties. If detailed census data is requested please contact Patty @ x2438. Other questions should be referred to Emily Eng, Assistant Planner @ x2712. Thank you. Map/Tax Lot Number: 2S105DB, 00400 Property Address: 13425 SW 154`h Avenue Property Owner Name/Mailing Information: Tigard Water District 8777 SW Burnham Street PO Box 23000 Tigard, OR 97223 Map/Tax Lot Number. 2S105DB, 006100 Property Address: 13230 SW 154`s Avenue Property Owner Name/Mailing Information: City of Tigard 13125 SW Hall Blvd. Tigard, OR 97223 lip 12 Map/Tax Lot Number: 2S105DB, 006200 Property Address: No site address Property Owner Name/Mailing Information: City of Tigard 13125 SW Hall Blvd. Tigard, OR 97223 Map/Tax Lot Number: 2S105DC, 00201 Property Address: No site address Proper Owner Name/Mailing Information: City of Tigard 13125 SW Hall Blvd. Tigard, OR 97223 Map/Tax Lot Number. 2S105DC, 00300 Property Address: No site address Property Owner Name/Mailing Information: City of Tigard 13125 SW Hall Blvd. Tigard, OR 97223 Map/Tax Lot Number: 2S105DC, 00400 Property Address: 15160 SW Sunrise Lane Property Owner Name/Mailing Information: City of Tigard 13125 SW Hall Blvd. Tigard, OR 97223 Map/Tax Lot Number: 2S105DD, 00200 Property Address: No site address Property Owner Name/Mailing Information: Jon E. Dyer PO Box 848 Lake Oswego, OR 97034 Map/Tax Lot Number: 2S105DD, 00300 Property Address: No site address Property Owner Name/Mailing Information: Jon E. Dyer PO Box 848 Lake Oswego, OR 97034 Attachments: Ordinance, legal description(s), map(s) 13 • October 18, 2006 CITY OF TIGARD OREGON NOTICE TO PUBLIC UTILITIES, ELECTRIC COOPERATIVES AND TELECOMMUNICATIONS CARRIERS OPERATING WITHIN THE CITY OF TIGARD, OREGON. The following information is enclosed with this letter in regard to property recently annexed into the City of Tigard: City File No./Name: ZCA2006-00002/Cach Creek Area Annexation Ordinance Effective Date: November 9, 2006 ♦ City Council ordinance approving the annexation (Ordinance No. 2006-15). ♦ Legal description and map of the subject properties. ♦ Detailed parcel information of the subject properties shown below. • Additional information on the subject properties: Map/Tax Lot Number. . 2S105DB, 00400 -Property Address: 13425 SW 15, Avenue Property Owner Name/Haling Information: Tigard Water District 8777 SW Burnham Street PO Box 23000 Tigard, OR 97223 Map/Tax Lot Number. 2S105DB, 006100 Property Address: 13230 SW 154`h Avenue Property Owner Name/Mailing Information: City of Tigard 13125 SW Hall Blvd. - Tigard, OR 97223 Map/Tax Lot Number. 2S105DB, 006200 Property Address: No site address Property Owner Name/Mailing Information: City of Tigard 13125 SW Hall Blvd. Tigard, OR 97223 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 TDD (503) 684-2772 14 • Map/Tax Lot Number. 2S105DC, 00201 Property Address: No site address Property Owner Name/Mailing Information: City of Tigard 13125 SW Hall Blvd. Tigard, OR 97223 Map/Tax Lot Number. 2S105DC, 00300 Property Address: No site address Property Owner Name/Mailing Infonmtion: City of Tigard 13125 SW Hall Blvd. Tigard, OR 97223 Map/Tax Lot Number. 2S105DC, 00400 Property Address: 15160 SW Sunrise Lane Property Owner Name/Mailing Information: City of Tigard 13125 SW Hall Blvd. Tigard, OR 97223 Map/Tax Lot Number. 2S105DD, 00200 • Property Address: No site address Property Owner Name/Mailing Information: Jon E. Dyer PO Box 848 Lake Oswego, OR 97034 Map/Tax Lot Number. 2S105DD, 00300 Property Address: No site address Property Owner Name/Mailing Information: Jon E. Dyer PO Box 848 Lake Oswego, OR 97034 If u have any questions or need further information, please call Emily Eng or me at 5503 39.4171. 47~ atty unsford Senior Administrativ f Specialist • c: ZCA2006-00002 Land use file 15 PORTLAND WESTERN R/R CLEAN WATER SERVICES BRUCE CARSWELL LEE WALKER/SWM PROGRAM HOWARD DRIVE SE 155 N FIRST AVENUE ANY OR 97322-3336 HILLSBORO OR 97124 WASHINGTON COUNTY SOUTHERN PACIFIC TRANS. CO. DEPARTMENT OF ASSESSMENT & TAXATION CLIFFORD CABE, CONSTRUCTION ENGINEER APPRAISAL DIVISION 5424 SE MCLOUGHLIN BOULEVARD ATTN: HEATHER TODD PORTLAND OR 97232 155 N. FIRST AVENUE, SUITE 230 HILLSBORO, OR 97124-3072 PORTLAND GENERAL ELECTRIC WASHINGTON COUNTY, OREGON ATTN: KEN GUTIERREZ, SVC DES CONSULTANT DEPT. OF LAND USE & TRANSPORTATION 9480 SW BOECKMAN ROAD ATTN: JIM NIMS WILSONVILLE OR 97070 155 N FIRST AVE, STE 350, MS 15 HILLSBORO OR 97124 METRO AREA COMMUNICATIONS WASHINGTON COUNTY, OREGON DEBRA PALMER DEPT. OF LAND USE & TRANSPORTATION TWIN OAKS TECHNOLOGY CENTER SENIOR CARTOGRAPHER 1815 NW 169TH PL, S-6020 155 N FIRST AVE, STE 350, MS 14 BEAVERTON OR 97006-4886 HILLSBORO OR 97124 NORTHWEST NATURAL GAS TUALATIN VALLEY FIRE & RESCUE SCOTT PALMER, ENGINEERING COORD. NORTH DIVISION 220 NW 2ND AVENUE ATTN: JOHN DALBY, DEPUTY FIRE MARSHALL RTLAND OR 97209-3991 14480 SW JENKINS ROAD 46 BEAVERTON, OR 97005-1152 VERIZON TUALATIN VALLEY FIRE & RESCUE DAVID BRYANT, ENGINEERING OR 030533 ADMINISTRATIVE OFFICE PO BOX 1100 20665 SW BLANTON STREET BEAVERTON OR 97075-1100 ALOHA OREGON 97007 TRI-MET TRANSIT DEVELOPMENT BEN BALDWIN, PROJECT PLANNER 710 NE HOLLADAY STREET PORTLAND OR 97232 QWEST COMMUNICATIONS LYNN SMITH, ENGINEERING ROW MGR. 8021 SW CAPITOL HILL RD, ROOM 110 PORTLAND, OR 97219 COMCAST CABLE CORPORATION ALEX SILANTIEV 9605 SW NIMBUS AVENUE, BLDG. 12 BEAVERTON OR 97008 IROMCAST CABLE CORPORATION [LIST OF LOCAL UTILITIES] GERALD BACKHAUS (Includes various county people per their requests) 14200 SW BRIGADOON COURT I:\curpln\setup\labels\annexation_utilities and franchises.doc BEAVERTON OR 97005 UPDATED: 19-Oct-06 16 Bio-Med of Oregon Medical Waste COMCAST PO Box 1 PO Box 173805 Corvallis, OR 97339 Denver, CO 80217-3805 Cypress Communications Electric Lightwave LLC Go Tax Partners LLC Daniel Norfleet 3100 Cumberland Blvd Ste 900 4400 NE 77th Ave Atlanta, GA 30339 Vancouver, WA 98662 IDT Corporation Level 3 c/o Tax Partners LLC Russell Richardson 3100 Cumberland Blvd Ste 900 1025 Eldorad Blvd Atlanta, GA 30339 Broomfield, CO 80021 MCI Worldcom McLeod OSP National Support/Investigations Kris Graham 2400 N Glenville Dr, Dept 42864 Loc 107 6400 C St SW Richardson, TX 75082-4354 Cedar Rapids, IA 52406-3177 Metro Media Fiber Network Metropolitan Fiber Systesm (MFS) Dennis Codlin 2400 N Glenville Dr 360 Hamilton Ave Richardson, TX 75082 White Plains, NY 10601 • Miller's Sanitary Service New Access Communications Dean Kam pfer Suite 350 7227 NE 55th Ave 801 Nicolett Mall Portland, OR 97218 Minneapolis, MN 55402 Northwest Natural Gas OnFiber Communications Attn: Annexation Coordinator Jim Tipton 220 NW 2nd Ave 6300 S Syracuse Wy, Ste 350 Portland, OR 97209 Centennial, CO 80111 Portland General Electric Pride Disposal Eleanor Hittner Mike Leichner 121 SW Salmon St, 1WTC0501 13980 SW Tualatin Sherwood Rd Portland, OR 97204 Sherwood, OR 97140 Qwest Corporation Time-Warner Telecom of Oregon LLC Address Mgmt Ctr/ Pat Prouse Tina Davis, VP & Deputy General Counsel 1600 7th Ave, Rm 1206 10475 Park Meadows Dr. Seattle, WA 98191 Littleton, CO 80124 Verizon Verizon David Mielke, State Regulatory Richard Masching 600 Hidden Ridge MC: HQE02E70 PO Box 152270 SVIE5002 Irving, TX 75038 Irving, TX 75015 17 U.S. Postal Service,,, ru CERTIFIED MAIL. RECEIPT ca m (Domestic Only; No Insurance Coverage Provided) r` r-q m posfaBe $ CedMW Fee C3 (Endorsement Required) -0 (Endorsement ReW"Q N 36 Q~ Total Postage & Fees Is M p Sent To WASHINGTON COUNTY C3 DEPARii`'1 NT OF ASSESSMENT &TAYATION N b`treet Aj APPRAISAL DIVISION or PO Bo ATIN: i-TEATT ER TODD City SYeG 155 N. FIRST AVENUE, SUITE 230 HILLSBORO,OR 971243072 PS Form :3800, June 2002 -721 SENDER: COMPLETE THIS • • THIS SECTION ON DELIVERY r$ ■ Complete items 1, 2, and 3. Also cotnpletA Signatu item 4 if Restricted Delivery is desiretS. X ~!J/~ ~ggerd ■ Print your name and address on. the reverse ❑ Addressee SO that we can return the card to you. " B. Receive~y ~ pdt a of . ery Attach this card to the back the mailpiece, te or on the front if space permits. D. Is delivery atfdress different from item 1 ? ❑ Yes 1. Article Addressed to: if yEg, ~tpl delivery address below. ❑ No HINGTON COUNTY t. ,,TMENT OF ASSESSMENT & TAXATION APi,. AISAL DIVISION ATTN: HEAT[ ERTODD 155 N. FIRST AVENUE, SUITE 230 HILLSBORO, OR 97124-3072 3. jivice Type Certified Mail ❑ Express Mari ❑ Registered ❑ Ret un Receipt for Metcttandise ❑ tristued Mall ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes • t 2 Article i (rranm 7043 226 0001 6391 7382 PS Form 3811, February 2004 Domestic Retum Receipt 102595-024A-1540 19 U.S. Postal Service,,, Q- CERTIFIED RECEIPT M (Domestic Only; Provided) 17- For delivery information visit our website at www.usps.com" m Postage a Certified Fee o fQ ~ o (Frseme ~4 Gie. ~j6~ Cry E-3 Restricted Delivery Fee A2 `1~r7 . r0 (Endorsement Required) ru Total Postage & Fees $ LQ m a O Sent To E3 WASHINGTON COUNTY, OREGON 1•.. So-ee;-qpt Na, DEPT. OF LAND USE BtTRANSPORTATf or PO Box No. ATIN: JIM NIMS - 155 N FIRST AVE, STE 350, MS 15 ~0 'ZIP HLLSBORO OR 97124 PS Form 3800, June 2002 See Reverse for Instructions SENDER: • • • THIS SECTION ON DELIVERY ■ Complete items 1, 2, and 3. Also complete A. Signature item 4 if Restricted Delivery Is desired. X Agent ■ Print your name and address on the reverse 0 Addressee so that we can return the card to you. B. Received p f, ~ranre) C. e of Pe' ■ Attach this card to the back of the mailpiece, or on the front if space permits. D. is defnrery ai1dress drfferent from item 1? 0 Yes 1. Article Addressed to: H YES, enter delivery address below. 0 No WASHNIGTONCOUNIY,- OREGON DEPT. OF LAND USE &TRANSPORTATION ATTN. JIM NIMS 155 N FIRST AVE, STE 350, MS 15 HIL 3 < Tye LSBORO OR 97124 Certified Mail 0 Express Mail 0 Registered . 0 Retrun Receipt for merchandise 0 trutued man 0 C.O.D. 4. Restricted Delivery? (E%Va Fee) 0 Yes 7003 2260 0001 6391 7399 ; (Tear, _ PS Form 3811, February 2004 Domestic Return Receipt sta t tsao . 20 Postal trr 1 CERTIFIED MAILM RECEIPT 0 (Domestic Mail Only, No insurance Coverage Provided) r%- M 117 F 0 L USE m _n Postage $ / R 9j U certified Fee Return R ! (Endorsement Rredj / rU ( orsemern~~equlred) Q r\~ -11 I Ll Total Postage & Fees $ 1 rtQ ~i .r M Q Sent To WASHINGTON ODUNTy, OREGON Q DEPT. OF LAND USE &TRANSPORTATION or PO Box No. SENIOR CARTOGRAPHER 155 N FIRST AVE, STE 350, N4S 14 bV State, ZIP HILLSBORO OR 97124 :rr rr SENDER: • • • THIS SECTION ON DELIVERY ■ Complete items 1, 2, and 3. Also complete A. Signature item 4 if Restricted Delivery is desired. 16 Agent ■ Print your name and address on the reverse X 0 Addressee so that we can return the card to you. B. RWeglvgdjby (Pnntef Name) C ■ Attach this card to the back of the mailpiece, or on the front if space permits. D. Is deliver/address different from item 1? 0 Yes . Amide Addressed t0: If YES, enter delivery address below: 0 No WASHINGTON ODUNTY, OREGON _ DEPT. OF LAND USE & TRANSPORTATION , SENIOR CARTOGRAPHER = 155 N FIRST AVE, STE 350, MS 14 HILLSBORO OR 97124 3. §oKice Type Certified Mail 0 Express Mail 0 Registered 0 Return Receipt for Madtandtse 0 h % red Mail 0 C.O.D. 4_ Restricted Delivery? (Extra Fee) 0 Yes • z artiael Mr-slie 7003 2260 0001 6391 7405 PS Form 3811, February 2004 Domestic Return Receipt to25950244-1540 21 U.S. Postal Service,. CERTIFIED MAIL,. RECEIPT M1 m (Domestic Mail Only, No Insurance Coverage Provided) For delivery information visit our website at www.usps.coma m -t .A Postage $ r~ f l~~t Q Certified Fee C q =j i0 O (Endwse=i~=qutrFed) ~Q r3 very Fee •~J^ S P ..D R (Enestrdorsementicted DeliRequirern ru fU Total Postage & Fees $ S M E3 Sens To O SOUTHERN PACIFIC TRANS. CO. I CLIFFORDCABE,CDNSTRUCTIONENGINEER 0 5424 SE MCLOUGHLIN BOULEVARD C.PORTLANDOR 97232 PS OMPLETE • • THIS SECTION ON DELIVERY SENDER: C THIS SECT ■ Complete items 1, 2, and 3. Also complete A. Sig item 4 if Restricted Delivery is desired. El Addr Addressee ■ Print your name and address on the reverse M111041140k, so that we can return the card to you: g by arrre) C. Date of Delivery ■ Attach this card to the back of the mailpiece, or on the front if space permits. D. Is delivery address different from item 1? O y- 1. Article Addressed to: If YES, eater delivery address below: ❑ No SOUTI-iERN PACIFIC TRANS. CO• 01HORD CABE, CONSTRUCTION ENGINEER 5424 SE MCLOUGHLIN BOULEVARD PORTLAND OR 97232 3. §fvice Type WCayfffied Mail O Express Mail ❑ Registered ❑ Return Receipt for Merchandise 13 Insured Mail E3 C.O.D. 4. Restricted Delivery? (Extra Fee) O Yes 2 Artir. 7QQ3 226Q QQQ1 6391 7276 PS Form 3811, February 2004 Domestic Return Receipt 102595-024A-1540 22 Postal CERTIFIED M (Domestic Only; Provided) N For delivery information visit our website at www.usps.coma M Postage $ C3 certified Fee c v G R C3 Retum Rodeo Fee (End~rse :8FtegalreM Q Q a O Rued Delivery Fee 1 N -B (Endorsement Required) rLJ Total Postage & Fees $ S _ Sp %~7 M To METRO AREA 0.')Ne IUNIC',A11,'}NS W 11- °---DEBRAPALMER • f~ o ~ TWIN OAKS'fECHI.'OLOGY C] C~ 1'I l: - 1815 1\4W 169TH PI, 5-6020 stateBEAVERTONOR 9706.4886 PS Form :00, June 2002 See Reverse for Instructionqi~~ 4 COMPLETE THIS SECTION ON DELIVERY SENDER: COMPLETE THIS SECTION A. 0 Agent ■ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. 0 Addressee ■ Print your name and addressor the reverse so that we can return the card to you. Printed ! Name) C. pale f ivery El - o / Q ■ Attach this card to the back of the mailpit?ce, 41W i or on the front if sp ace Permits. D. Is delivery address drfferent from item 17 0 Yes 1. Amide Addressed to: If YES, enter delivery address below: 0 No METRO AREA COMMUMCAATIONS DEBRA PALMER TWIN OAKS TECHNOLOGY CENTER 1815 NW 169TH PI., S-6020 3. S~ YPYPO BEAVERTON OR 97006-4886 Mail 0 Express Mail C3 Registered 0 Return Receipt for Merdwndlse 0 b sured Matt ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) 0 Yes 7003 2260 0001 6391 7306 102595-02-W1540 i PS Form 3811, February 2004 Domestic Rettun Receipt - 23 U.S. Postal Service,. CERTIFIED MAILT. RECEIPT t~ s (Domestic N Fo-r -delivery information visit our website at www.usps.coma r 0 10CAL USE 07-1 -0 Postage $ / C3 Certified Fee 'Q►~~ © C3 Return Redept Fee Q ~9~ (Errdorsemerrt Required) / { 4 C3 Restricted Delivery Fee 1 ♦ 'n4 _B (Erulorsement Required) _ Ys cj 4 h Total Postage & Fees $ S ad I M o Sera TO E3 Wier's Sanitary Service f Stree4 ApL Na, Attn Dean Kampfer or PO Box No. 7227 NE 55,h Avenue A Portland, OR 97218 C-----S--ta-te°, ZIfS rty, • Form 3800, June 2002 See Reverse for InstructioM r , SENDER: • • • THIS SECTION ON DELIVERY i ■ Complete items 1, 2, and 3. Also complete A. Si item 4 if Restricted Delivery is desired. ❑ Agent ■ Print your name and address on the reverse X ❑ Addressee so that we can return the card to you. B. Receiv by (Printed e) C. Date of Delivery ■ Attach this card to the back of the mailpiece, 1z _3 16AIFIA or on the front if space permits. C-1 16 CK, D. Is delivery address df(ferent iron item 17 ❑ Yes 1. Article Addressed to: tf YES, enter delivery address below: ❑ No Wer's Sanitary Service Attn: Dean Kampfer 7227 NE 55th Avenue Portland, OR 97218 3. ce Type 1Cer6fied Mail ❑ Express Matt ❑ Registered ❑ Return Recelpt for Merchandise ❑ Insured Man ❑ C.O.D. 4. Restricted Delivery) t&*a Fee) ❑ Yes- 2. Article Numbe 7003 2 2 6 0 0001 6V.: , (Transfer from Ps Form 3811, February 2004 Domestic Retum Receipt 102595-M-WI540 24 U.S. Postal Service,. (Domestic CERTIFIED MAIL,, RECEIPT No insurance Coverage Provided) • Iti .,OFNCO A L USE Postage s Aft Certified Fee Q Return Reeiept Fee ~ ' (Fsdorsemerrt Required) 0 c~~~J~/ Fee % C3 (t ndorsemem Restrxxed oetivery Required) ru ru Tetat Postage & Fees m 33 wave LLC nc L~gil Daniel Nodleec C3 LW NE 77d, Avenue 98661 ouver, WA PS Form 3800, June 2002 See Reverse for InstructioA s SENDER: • • COMPLETE THIS SFC-,iCjN 0, -ELIVF'7.r i ■ Complete items 1, 2, and 3. Also complete A. S item 4 if Restricted Delivery is desired. 13"eff ■ Print your name and address on the reverse 0 Addressee so that we can return the card to you. by Nam c. Date of Deliv ■ Attach this card to the back of the maiipiece, `te or on the front if space permits. 0 D. Is delivery address ert'rttt from item 11 0 Yes 1. Amide Addressed to: It YES, enter delivery address below 0 No Electric Lojr ave LLC 4 Attn: Daniel Notfleet 4400 NE 776 Avenue Vancouver, WA 98662 3. ifrvice Type VCertified Mall 0 Express Mall Registered 0 Return Receipt for Merctmndise 0 insured &w 0 C.O.D. 4- Restricted Det vero J&ft Fee) 0 Yes Article &-wfn 7003 2260 0001 6391 74.98 j PS Form 3811, February 2004 Domestic Return Receipt" f v 102595-M-M-t 25 U.S. Postal Service,,, m CERTIFIED MAIL,,,, RECEIPT -(Domestic Mail Only; No Insurance Coverage Provided) !ti OFFOC~AL US 77F E mm `n Postage s & Oa TI E3 Certified Fee C R E3 Y n1 1 E3 Return Redept Fee l 9 (Endorsement Required) HIAd v 0 Re Del strfded ivery Fee ..n (Endorsement Required) I'Ll Total Postage & Fees W y- m Sent To r3 O Portland Genenl Electric tt Stree; Apt Na orpOBoxNo. Attn: Eleanorl-fianer 121 S W Salmon Street, IW1.O)501 City, State, Zlf Pordand, OR 97204 PS Form 3800, June 2002 Se=e for Instructions SENDER: • • • THIS SECTION ON DELIVERY ■ Complete items 1, 2, and 3. Also complete A Sign Item 4 if Restricted Delivery is desired. gent ■ Print your name and address on.the reverse Addressee so that we can return the card to you. B. Received b rint . Date De' 11-01y~f 6f 11 ■ Attach this card to the back of the mailpiece, v V~ or on the front if space permits. D. Is delivery address different from item 17 es 1. Article Addressed to: If YES, enter delivery address below XNo Portland General Electra Aare EleanorI-Itttner OCT 192006 121 SW Salmon Street, 1WTO)501 Portland, OR 97204 3. Type Certified Mail ❑ Express Mail ❑ Registered ❑ Return Receipt for Meroftartdise ❑ insured Mail ❑ C.O.D. 4. Restricted Delivery? (E%tm Fee) ❑ Yes 2 Article Number (rransferfrom s 7003 2260 0001 6391,_:7443 PS Form 3811, February 2004 Domestic Retum Rec`eipf 10e595024A-1540 26 U.S. Postal ServiceT. t~ CERTIFIED MAIL,,, RECEIPT m Mail Only, No Insurance Coverage Provided) r,I (Domestic r%- For delivery information visit our website at www.usps.coma r-q Er 0 FFI%,~AL US m Postage $ TIG~ C3 Certified Fee (~e~Y C3 Q ~ ~G Postin' 1atk Retum Redepl Fee (Fsdorsemem Required) D ✓ V O Restricted Delivery Fee .D (Endorsement Required) \Q~, 2~9U rU Total Postage & Fees $ m p Sett To C3 TRI-MET TRANSIT DEVELOPMENT Sheet qpt; M BEN BALDWIN, PROJECT PLANNER or PO Box Nc 710 NE HOLLADAY STREET PORTLAND OR 97232 City, State, ~ PS SENDER: • SECTION • THIS SECTION ON DELIVERY ■ Complete items 1, 2, and 3. Also complete A. Si n item 4 if Restricted Delivery is desired. X Agent ■ Print your name and address on the reverse P ❑ Addressee so that we can return the card to you. B. Received by ed Name) C. Date of Delivery ■ Attach this card to the back of the mailpiece, or on the front if space permits. D. Is delivery address different from item 1 ? ❑ Yes 1. Article Addressed to: If YES, enter delivery address below: ❑ No TRI-MET TRANSIT DEVELOPMENT BEN BALDWIN, PROJECT PLANNER 710 NE HOLLADAY STREET PORTLAND OR 97232 3. SfviceType Certified Mail ❑ Express Mail ❑ Registered ❑ Return Receipt for Mertrl~andise ❑ bvwred Mail ❑ C.O.D. 4 Restricted Delivery? (Extra Fee) ❑ Yes I2 _i 7003 - 2260 0001 63-9 7337 f PS Form 3811, February 2004 Domestic Return Receipt 1102595-02401-1540 27 • Postal .a CERTIFIED MAILT. RECEIPT to m (Domestic Only; No Insurance Coverage Provided) N or delivery ICIAL USE o- E- rn Postage $ ~q\G~ARp Cerditd Fee (,r p E3 Return Reclept Fes ` ~ . (Endorseme Re4uued) C3 Restricted DeZr a Fee ..n (Endorsement Required) oC/ r~ ru 3 (o - r1J Total Postage & Fees M O Sent To • ❑ COMCASTCABLE OORPORAT[ON r- 3`lreet Ap ALEX SILAN IE V orPOSow 9605 SW NIMBUS AVENUE, BLDG. 12 BEAVERTONOR 97008 City, State. PS Form :3800, June 2002 See Reverse for InstructionP SENDER: • • COMPLETE THIS SECTION ON DELIVERY f= ■ Complete items 1, 2, and 3. Also complete A. Signature item 4 if Restricted Delivery is desired. X ` 60 Agent ■ print your name and address on the reverse 4. ❑ Addressee so that we can return the card to you. ed by wed Name) C. Dat of rvery ■ Attach this card to the back of the mailpiece, ~cyb or on the front if space permits. D. Is delivery address different from item 1? ❑ Yes 1. Article Addressed to: if YES, enter delivery address below: ❑ No COMGgST CABLE CORPORATION ALEX SILANTIE V 9605 SW NIMBUS AVENUE, BLDG. 12 BEAVERTON OR 97008 3. ce Type ed Mail ❑ Express Matt Registered ❑ Return Receipt for Merchandise ❑=lnsured Mall ❑ C.O.D. • 4. Restricted Delivery? (Extra Fee) ❑ Yes 2- Article (Flans Ni fer. 7003. 2260 0001 6391 7351 PS Form 3811, February 2004 Domestic Return Receipt 102595.021540 28 Postal .a CERTIFIED MAILT. RECEIPT (Domestic Only, No Insurance Coverage r- Arovided) D, M F• iC7 A L U M Postage a C3 Certified Fee aA T1 C3 Retum Redept Fee q ©~p (Endorsement Required) fore 40 Restricted Der=F ee ..p (Endorsemem d) ~la t t~(`OD !t; ru Lti ~J ru Total Postage & Fees $ a M p Sent To E3 TUALATIN VALLEY FIRE & RESCUE r%- S1ree4 qp~ NORTH DIVISION • orPbBox ATIN: JOHN DALBY, DEPUTY FIRE MARSHALL Ciry State 14480 SW JENKINS ROAD BEAVERTON, OR 97005.1152 Form 3800, June 2002 See Reverse for instructions • COMPLETE THIS SECTION M • THIS SECTION ON DELIVERY S a re 1111 complete items 1, 2, and 3. Also complete A jitu ❑ Agent item 4 if Restricted Delivery is desired. ` ■ Print your name and address on the reverse X ❑ Addressee so that we can return the card to you. B. ived b~ 'Printed Name) C. Dale of CyiveD( ■ Attach this card to the back of the mailpiece, A j )l I or on the front if space permits. i l S I _ D. Is delivery address different from item 1 ? ❑ Yes 1. Article Addressed to: If YES, enter delivery address below: [3 No TUALATIN VALLEY FIRE &RESCUE NORTH DIVISION ATIN: JOHN DALBY, DEPUTY FIRE MARSHALL 14480 SW JENKINS ROAD BEAVERTON, OR 97005-1152 3. Type Certified Mafl ❑ Express Mail Registered ❑ Return Receipt for Merchandise ❑ irmured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes • 2. Article F 7003 2260 0001 6391 7412 PS Form 3811, February 2004 Domestic Retum Receipt 102595-02-W1540 29 • Postal Ir CERTIFIED MAIL. RECEIPT (Domestic r~ For delivery information visit our website at www.usps.coma a- m Postage $ OR TI G C3 L o ~CT C3 Certified Fee C3 Return m ° Restricted Delivery Fee E (Eruforsemertt Required) ru f1J Total Postage & Fees $ J M sera To r3 ° ---PORTLAND WESTERNR/R orpo BRUCE CARS WELL DRIVE SE 1200 HOWARD • ...1.... ~ ALBANY OR 97322-3336 PS Form June 2002 SENDER: • • THIS SECTION ON DELIVERY - / ■ Complete items 1, 2, and 3. Also complete A. Signature item 4 if Restricted Delivery is desired. X ent ■ Print your name and address on the reverse Addressee so that we can return the card to you. B. Received by (Wnted Name) Deliv ■ Attach this card to the back of the mailpiece, / r or on the front if space permits. 8 ; S . ~ /~l D r 9 D. Is delivery address different f6n item 1? 0 Yes 1. Amide Addressed to: If YES, enter delivery address below: 0 No PORTLAND WESTERN FUR BRUCE CARS\f)ELL 1200 HOWARD DRIVE SE ALBANY OR 97322-3336 3 Type ed Mail 0 Express Mail 0 Registered O Return Receipt for Merchandise 0 insured Mau 0 C.O.D. 4. Restricted Delivery? (Extra Fee) 0 Yes • 2-1, 7003 2260 0001 6391 7269 PS Form 3811, February 2004 Domestic Return Receipt 102595-0244-1540 30 Postal m CERTIFIED MAILT. RECEIPT Only; No Insurance Coverage Provided) (Domestic For delivery information visit our website at www.usps.coms, M Postage $ / ; G~•~ ~~Q_ C3 cenlnea Fee D s z ~1 O Retum Reaept Fee $ t7 (EndotsementRequlred) O Restricted Delivery Fee (Endorsemem Required) \ S ru ru Total Postage & Fees $ ✓ ` 3 M Seat To PORTLAND E3 ATIN. GUGENERAL nERREZLSVCD S CpNsLILT r- b°tieeC:69480SWBOECKMANROAD • or POSm WILSONVILLE OR 97070 City State. 7Pr4 PS Form :00, June 2002 f :fir.-;xr r^ SENDER: • • • THIS SECTION ON DELIVERY ■ Complete items 1, 2, and 3.-Also complete A Signature item 4 if Restricted Delivery is desired. ❑ Agent ■ Print your name and address on the reverse x ❑ Addressee (q**j . A4dw so that we can return the card to you. B. R ived by (Prim Name) C. Data of Defive ■ Attach this card to the back of the mailpiece, or on the front if space permits. If-A I D. Is delivery address different from item 1? 11yes 1. Article Addressed to: If YES, enter delivery address below: ❑ No ::PORTLAND GENERAL ELECTRIC ATTN. KEN GUTIERREZ, SVC DES CONSULTANT 9480 SW BOECKMAN ROAD WILSONVILLE OR 97070 i 3. Type Certified Marl ❑ Express Mail Registeted ❑ Return Receipt for Merchandise ❑ Insured Mall ❑ C.O.D. 4. Restricted Delivery? Fxft Fee) ❑ Yes 2'Article 7003 2260 0001 6391 7283 PS Form 3811, February 2004 Domestic Return Receipt 102595.oa401-150 31 • Postal o- CERTIFIED MAILT. RECEIPT ru (Domestic For delivery information visit our website at www.usps.comz, o-Ilk; m -0 Postage $ C3 Certified Fee Y 0 T,( O ~ 0 Return Redept Fee , G~ ~ iYlere (Endorsement Requred) 0 1 f>t O Restrided Delivery Fee ,-.D (Endorsement Required) ru d `206`' ru Total Postage & Fees Is SP S M O Sent To O TUALATIN VALLEY FIRE & RESCUE r~ &i;W Ai i ADMINISTRATIVE OFFICE orPOB-N 20665 SWBLANTONSTREET City, Slate,l ALOHA OREGON 97007 i PS Form :3800, June 2002 SENDER: • • • THIS SECTION ON DELIVERY ■ Complete items 1, 2, and 3. Also complete A. Sig item 4 if Restricted Delivery is desired. ❑ Agent ■ Print your name and address on the reverse X ❑ Addressee so that we can return the card to you. , R t • ed b/y (FW,, Name) C. Date of Delivery ■ Attach this card to the back of the mailpiece, ~1 or on the front if space permits. D. Is delivery address different from item 11 ❑ Yes 1. Article Addressed W. if YES, enter delivery address below. ❑ No TUALATIN VALLEY FIRE &RESCUE ADMINISTRATIVE OFFICE 20665 SW BLAN TON STREF, ALOHA OREGON 97007 3. Type Certifed Mall ❑ Express Mail Registered ❑ Return Receipt for Merdtandise ❑ In;ved N Mail ❑ C.O_D. 4. Restricted Delivery? aDdra Fee) ❑ Yes 2. Article1 7003 2260 0001 6391 7429 PS Form 3811, February 2004 Domestic Return Receipt 102595-024A-1540, 32 U.S. Postal Service'rM CERTIFIED MAILT. RECEIPT C3 L n (Domestic Mail Only, No Insurance Coverage Provided) r%- V. W. p rag.-Am tr E 0FFICI L USE -0 Postage $ p Certified Fee ( Rehun Redept Fee E3 (En= Req.tZ C3 %P .0 (E dorsement R=lZ fU Total Postage & Fees $ S~ f:1V rt M C3 sera TO C3 Verizon 17` S`tree4 Atuc Rickard M2schmg or PO Box PO Box 152270SVIE5002 Cify, State, Irving,'IX 75015 PS Form 3800, June 2002 See Reverse for InstructionlP • COMPLETE THIS • • THIS SECTION ON DELIVERY ■ Complete items 1, 2, and 3. Also complete A. item 4 if Restricted Delivery is desired. ❑ Agent ■ Print your name and address on. the reverse X Sig ❑ Addressee so that we can retum the card to you. B. Receiv ( ted XT C. Date of Delivery ■ Attach this card to the back of the mailpiece, or on the front if space permits. D. Is deliverydifferent from item ill MUM 1. Article Addressed to: H YES, enter delivery address below. ❑ No Verizon Attu Richard Matching PO Box 152270 SVIE5002 Irving, TX 75015 3. Type Certified Mall O Express Mail ❑ Registered ❑ Return Receipt for Merch~dise ❑ I minad Mail ❑ C.O.D. 4. Restricted DdWeryl (Extra Fee) ❑ Yes 2. Article Ni 7003 2260 0001 6391 7504 (T,a„sfer - , PS Form 3811, February 2004 Domestic Return Receipt 102595-024A-1540 33 Postal o CERTIFIED m (Domestic Mail Only; No Insurance Coverage Pro' vided) L USE tT' a ~q`~ARl3 $ 0 Certified Fee f (ft ark 0 Return Redept Fee f (Endorsement Regn"M a (Y tV Res Wdad DeUvery Fee .0 (Endorsement RequUed) ru Total Postage $ Fees m C3 Seat TO VERIZON --•°tree; APL N DAVID BRYAW, ENGINEERING S C`- or po &W Nc OR030533 PO BOX 1100 City Stele ZI BEAVER-YON OR 970751100 PS Form 3800, June 2002 See Reverse for Instructiorw-i MPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • SENDER:CO ■ Complete items 1, 2, and 3. Also complete A. Sig ature item 4 if Restricted Delivery is desired. ` _4ent ■ Print your name and address on. the reverse X O Addressee so that we can return the card to you. B. Received by (led T NO) C. Date of Deliv ■ Attach this card to the back of the maiipiece, C(n, ~ct,~ or on the front if space permits. D. Is delivery dress different from item 1? es 1. Article Addressed to; If YES, enter delivery address below: ❑ No VERIZON -2-061'5 NW VOP 0-14MOAA A- DAVID BRYANT, ENGINEERING -4 1 To 1 ~/i1 64- OR 030533 Ge~ q-100(, PO BOX 1100 BEAVERTONOR 97075-1100 3, Type 10 Certified Mail ❑ Express Mail ❑ Registered ❑ Return Receipt for Merchandise ❑ insured Mafi ❑ C.O.D. 4. Restricted Delivery? Ortra Fee) ❑ Yes 2 Affi 7003 2260 000_1 69,:720 . _ Ps Form 3811, February 2004 Domestic Retum.Receipt _ 102595.02-WI540_ 34 U.S. Postal Service,. CERTIFIED MAIL. RECEIPT Mail Only, No Insurance Coverage Provided) m (Domestic r~- For delivery F~ DIAL U 5 E D' Postage $ aii TI"- - Certified Fee C3 d ►~e~qn 0 o ( t edl / z-- 1~ a tEndorsemerrt Restricted oellveuyRequtredl Fee . ~,i~• C3 ru (u Total Postage & Fees $ ~ ` Jv, C3 Sent To 0 COMCASTCABLE OORPORATION r- SereeC Apt N GERALD BACKHALIS orpo Box 1* 14200 SW BRIGADOON OpC1RT - BEAVERTONOR 97005 - Ci71: State, Zi- PS Form :00. June 2002 See Reverse for Instructions- SENDER: COMPLETE THIS • • THIS SECTION ON DELIVERY ■ Complete items 1, 2, and 3..Also complete A. Signature item 4 if Restricted Delivery is desired. C" / ❑ Agent ■ Print your name and address on the reverse x B-7i dressee so that we can return the card to you. B. Received by (Pritrted Name) C. Date of Delivery ■ Attach this card to the back of the mailpiece, or on the front if space permits. ~e , y~ A A& r D. Is delivery address different from item 1 ❑ es 1. Article Addressed to: H YES, enter delivery address below ❑ No COMCAST CABLE CORPORATION :'f f GERALD BACKHALIS 14200 SW BRIGADOON COURT BEAVERTON OR 97005 3. 'ce Type Certified Mal ❑ Epress Mail ❑ Registered ❑ Return Receipt for Merdtandise ❑ insured man ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes i. Amndffmbe (rlallSfer from 7003 2260 0001 6391 7368 PS Form 3811 , February 2004 Domestic Return Receipt 102595-024A -1540 ' 35 • Postal ru CERTIFIED MAILT,,, RECEIPT (Domestic trt , ~ •0FF0Cd L use m -0 Postage Certified Fee C3 Return Redept Fee O O (Endorsement Required) Restricted rive .fin (Endorsement Req ai j ru PIS Total Postage S Fees m r3 Sera To E3 Verizon or PO Bo Ann: David Miielke, State Reguiato G00 Hidden Ridge MG HQE02E70 or P City, sw Irving, TX 75038 PS Form :r0, June 200 SENDER: • • • THIS SECTION ON DELIVERY ■ Complete items 1, 2, and 3. Also complete A. Sig t item 4 if Restricted Delivery is desired. ❑ Agent ■ Print your name and address on the reverse x ❑ Addressee so that we can return the card to you. B. Receiv h ' Name) C. Date of Delivery ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: DOOKdelivery address different from item h? ❑ Yes If YES, enter delivery address below ❑ No Veriwn Attre David Melke, State Regulatory 600 Ridden Ridge: MG HQE02E70 Irving, TX 75038 3. rvice Type Certified Mail ❑ &.pnm Mail ❑ Registered ❑ Return Receipt for Merdhartdise ❑ Umzw man ❑ C.O.O. r- 4. Resbicted DeWeryl (EWa Fee) ❑ Yes i ArtideNumn (Transfer fiorr, 7003 2260 0001 6389 5512 ' - ~ PS Form 3811, February 2004 Domestic Return Receipt ao2ss5' 7 1540 36 • CERTIFIED MAIL,. RECEIPT Postal cc (Domestic tt delivery For tr 0F.F0~.0AL USE M Ab -n Postage $ / ~~GaRQ E3 CeAified Fee Y ¢ C~~ C3 Retum Readapt Fee He. 4 (Endorsement Required) C3 Restricted Deuvery Fee (Endorsement Required) ru rU Total Postage & Fees m p Sent To 0 l` 3trise Apt No.; BinMed of Oregon Medical Wum -POSuNo. POBox 1 Corvalli , OR 97339 Gry, State. ZIP+! PS Form 3800, June 2002 See Reverse for Instructions SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION -DELIVERY ■ Complete items 1, 2, and 3..AIso complete A Signature item 4 if Restricted Delivery' is desired. .~f+9ent I ■ Print.your_name and address on the reverse X ❑ Addressee so that we can return the card to you. B. R Primed Date of Delivery ■ Attach this card to the back of the mailpiece, Q or on the front if space permits. 1. Article Addressed to: D. Is delivery address different from item 11 ❑ Yes If YES, enter delivery address below: ❑ No Bio-Med of Oregon Medical Waste PO Box 1 Corvallis, OR 97339 3. e r s' Tedyp Malt ❑ Express Mail tered ❑ Return Receipt for Merchariclise ❑ insured Mail ❑ C.O.D. 4. Restricted Delivery? F-x" Fee) ❑ Yes-.-- 2- P, 7003 2260 0001 6391 7481 . PS Form 3811, February 2004 r to2sssg2ta540 37 • U.S. Postal Service-,. Ln CERTIFIED MAIL. RECEIPT Ln a- (Domestic Mail Only; No Insurance Coverage Provided) For delivery information visit our website at www.usps.coma Er- UFNCC AL USE m _a Postage $ p Certified Fee E/ G o r/C9~ C3 (Endmse~men Rt R e tkFea P. eq C ResWded Derrvery Fee O _n (Endorsement Required) ~Q' 2Q~0 ~ f f1I y~. Total Postage £ Fees $ 5 ~Sps . - S,> m p nt o r3 r- Act cypress Communicauons Strea------ or PO Box 1 c/o Tax Partners LLC 3100 Cumberland Blvd , Ste 900 State. - Adanta, GA 30339 PS Form 3800, June 2002 See Reverse for Instructions SENDER: • • COMPLETE THIS SECTION ON DELIVERY ■ Complete items 1,,2; and 3. Also complete A. Signature item 4 if Restricted Delivery is desired. 0 X Agent ■ Print your name and address on the reverse Addressee so that we can return the card to you. B. Received by (Printed Name) C. Date of Delivery ■ Attach this card to the back of the mailpiece, Z or on the front if space permits. D. Is delivery address different from item 1? ❑ Yes 1. Article Addressed to: If YFS, enter delivery address below: ❑ No Cyp,SS Communications c/0 Tax n &na Blv Ste 900 • 3100 Gunbe Atlanta, GA 30339 3. ce Type Certified Mail ❑ Express Mail ❑ Registered ❑ Return Receipt for Merclundlse ❑ insured Matt ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) O Yes i ArddeNum: 7003 2260 0021 6391 7955 • (Trarrsfei fromf PS Form 3811, February 2004 Domestic Return Receipt 10259502 M tsao 38 U.S. Postal Service,. r` CERTIFIED MAIL. RECEIPT rv (Domestic Only; No Insurance Coverage Provided) r1- For delivery information visit our website at www.usps.comq tr M .U Postage $ l rl NNGAR©9,9 E3 Certified Fee c~ 0 a2 p Retum Reciept Fee CJ A 1`~ (Endorsement Required) 1q //pj -0 (===Fee red) fU vQ~ V~ Total Postage tf Fees $ 5 M_ O Sent To O IDT Corporation - - -S`veeL Apt : c/o Tax Partners LLC or PO Boxr 3100 Cumberland Blvd, Su 900 Atlanta GA 30339 Gty, State. PS Form :00. June 2002 See Reverse for Instructions e " SENDER: COMPLETE THIS • • THIS SECTION ON DELIVERY ■ Complete items 1, 2, and 3. Also complete A. Signatu item 4 if Restricted Delivery is desired. Agent ■ Print your name and address on the reverse ❑ Addressee so that we can retum the card to you. B. Received by (Printed Name) C. Date of Delivery ■ Attach this card to the back of the mailpiece, U If or on the front if space permits. D. Is delivery address different from item 1? ❑ Yes 1. Article Addressed to: If YES, enter delivery address below: ❑ No IDT Corporation c/o Tax Partners LLC 3100 Cumberland Blvd, Ste 900 Atlatlta, GA 30339 3. ce Type " MICertirfied Mail " ❑ Express Mail ❑ Registered -Rettim Receipt for Merchandise ❑ Insured Mail C C:A:D. 4. Restricted DeMery?"(Extra Feij": ❑ Yes 2. Amide Numbe- (Trarrsferhom 7003 2260 0001 6391 7627 . PS Form 3811, February 2004 Domestic Return Receipt 102595.0244-1540 39 U.S. Postal Service-r. E3 CERTIFIED MAILT,, RECEIPT -11 (Domestic Mail Only, No Insurance Coverage Provided) Iti For delivery information visit our website at www.usps.come r-q Er 00 IFFPC~Ap UST7 Postage $ /it r3 0 Certified Fee b Wt T1 G~Q,p p Return Redept Fee J P (Endorsement Required) 1 e 9 r-- C3 (19 do ern Rvegqu;rFeM ' \a Total Postage & Fees is 30 t~ m p Sent To Street ApL A New Access Comrnunicatioas of Po Box Ni • 801 Neolett Ma)1, Suite 350 City, State, l tvitr=apolis, MN 55402 PS Form :3800, June 2002 r SENDER: COMPLETE THIS • • THIS SECTION ON DELIVERY ■ Complete items 1, 2, and 3. Also complete g A item 4 if Restricted Delivery is desired. X• 0 Addressee ■ Print your name and address on. the reverse so that we can return the card to you. B. Received ( printed +no C. Date of Delivery ■ Attach this card to the back of the mailplece, O -a3 -0 or on the front if space permits. r D. Is delivery address different from item 19 0 yes 1. Article Addressed to: if YES, enter delivery address below: Xf No New Access Communications ROi Nicol .,t NbR, Site 350 1,fmneapobs, MN 55402 3. Type .tvice 15 Certified Mail 0 Express Mail 0 Registered 0 Return Receipt for Merdwvdise 0 Insured man 0 C.O.O. 4. Restricted DepiveNl (Extra Fee) 0 yes 2. Article Numb 7003 2 20 rqQ li I,r,Fi►!! (Fansterfro~ ,r0 PS Form 3811, February 2004 Domestic Return Receipt 102595-024e-1540 40 U.S. Postal Service'TrA m CERTIFIED MAILT. RECEIPT 0 (Domestic tti 11 For • information • a Er m EF (C~o 5 A L U \ ..D Postage $ a . \GARV Cer i8ed Fee $9 - C3 Return Re A Fee ! < ~ C3 (Endorseirierd Required) N C3 Restricted Denvery Fee -0 (End Mem Required) ru Od~ Total Postage & Fees . , - M C3 sent To O _ Comcasc Street -AWE -K PO Box 173805 cr PO B" M D--e1, ()C) 80217-3805 City, State, ZIRr4 PS Form :00, June 200 SENDER: • • COMPLETE THIS SECTION ON DELIVERY -A I ■ Complete items 1, 2, and 3. Also complete A. Signature item 4 if Restricted Delivery is desired. ❑ Agent ■ Print your name and address on the reverse X D I T E Q S 1 ❑ Addressee so that we can return the card to you. B. Received by (Printed Name) C. Date ■ Attach this card to the back of the mailpiece, of Delivery or on the front if space permits. D. Is delivery address different from item 1? ❑ Yes 1. Article Addressed to: Kg ant of w: ❑ No Corncast PO Box 173805 Denver, CO 80217-3805 3. Vice Type Certified Mail ❑ Express Mail ❑ Registered ❑ Return Receipt for Merchandise O Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes • 2. A (Transfer : rticle Nun 7DD3 226D ODD1 6391 7603 PS Form 3811; February 2004 Domestic R- 102595-02-W I540 41 Postal CE3 CERTIFIED MAIL,. RECEIPT u7 (Domestic Mail Only; No Insurance Coverage Provided) P For delivery information visit our website at www.usps.como m GFF9C9AL USE Postage $ O Certified Fee Y(3 /~~*/+G 0~j~p~~q~o Fee s s re ` Op Retu (End rn Redept orsement Required) 4 J y/ 1W ~ Restricted DerRweeqryFee i r L~J406 1 rU (Endorsement ui red) t~ ru Total Postage & Fees z*` M C3 Sent To O Meuo Media Fiber Network brPO Apt I Attn: Dennis u or POt3oxN 360 Hamilton Avenue - _------------------------------City, State, I White Plains, NY 10601 :00, June 200 SENDER: • • • THIS SECTION ON DELIVERY ■ Complete items 1, 2, and 3. Also complete JA ture item 4 if Restricted Delivery Is desired. ❑ Agent ■ Print your name and address on the reverse ❑ Addressee so that we can return the card to you. Received (Printed Name) C. Date Delivery ■ Attach this card to the back of the mailpiecelO or on the front `if space permits. 9 address different from item 17 ❑ Yes 1. Artide Addressed to: If YES, enter delivery address below- ❑ No Metro Media Fiber Network Attn: Dennis Coc& 360 Hamilton Avenue ''lute Plains, NY 10601 3. Type Certified Mail ❑ Express Mail ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Marl ❑ C.O.D. . 4. Restricted Delivery? (Extra Fee) ❑ Yes I.. - 2'Article ^ 7003 2260 0001 6391 7580 Ps Form 3811, February 2004 Domestic Return Receipt 1O 585M4A-1540 42 U.S. Postal Service-,. CERTIFIED MAIL,,, RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) tti • . ~ A L a- AA .n Postage o nc:~ 1 A O Certified Fee 40- P.4 RetumRedWFee l t' He 1` O (FEQorsemienf Aepuired) \ts\ ~~Ud C (ndorsemeM R~uired) ` j;j?' rt.i rU Total Postage & Fees $ J M C3 Sent To C3 CLEAN WATERSERVICES Iti ;r-Apt: LEEWALKER/SWMPROGRAM or PO Box - 155 N FIRST AVENUE Ciry, State, . I-QLISBORO OR 97124 See Reverse for lnstrucfiorr~m PS Form :00, June 200 • • COMPLETE THIS SECTION ON DELIVERY i SENDER: -VComplete items 1, 2, and-'3. Also complete A. Signature item 4 if Restricted Delivery is desired. X )R-Agent i ■ Print y ur name and address on the reverse Addressee so that can return the card to you. g ece;,,ed by (Printed Name) C. /Date of Delivery ■ Attach this to the back of the mailpiece, or on the froitt if space permits. t. Article Addressed trn 4i D. Is delivery address different from item 1? 0 Yes \ if YES, enter delivery address below ❑ No - CLEAN WA'I~ ' SERVICES LEE WALKER/S\\'M PROGRAM 155 N FIRST AVENUE 1-IILLSBORO OR 97124 3. 'ce Type Certified Mall 0 Express Mall 0 Registered 0 Return Receipt for MerctwKnse 0 Insured ma 0 C.O.D. 4. Restricted Delivery? (Extra Fee) 0 Yes- 2- ArW 7003 2260 0001 6391 7375 PS Form 3811, February 2004 Domestic Return Receipt 1-W1e40 43 Postal m CERTIFIED MAILT., RECEIPT Ln (Domestic Mail Only, No Insurance Coverage Provided) N _ ~ . Ir 0 F F 0 C 0 L U 8 E m end„ C3 Cer ifPostage ee , v Z 51 O pc C3 H Retum Redept uit Fee I-We O J ~ P. (Endorsement nt Requited) t7 Restricted Delivery Fee Q -11 (Endorsement Req =F s 3~ fU Total Postage & Fees m C3 Sent To Leve13 - f` • Street APB' or PO Box I Aar: Russell Richardson 1025 Eldond Blvd ° City State, Broomfield, 00 80021 PS Form :00, June 2002 See Reverse for Instructions SENDER: • • COMPLETE THIS • ON DELIVERY i I ■ Complete items 1, 2, and 3. Also complete A. S lure Item 4 if Restricted Delivery is desired. LYAgent ■ Print your name and address on the reverse x /0 Addressee so that we can return the card to you. B. R ed bled C. Date of Deliv ■ Attach this card to the back of the mailpiece, O n~ P- y 41 or on the front if space permits. A~ D. Is deW address different from item 11 0 Yes 1. Article Addressed to: If YES, enter delivery address below: 0 No Level 3 Attu Russell Richardson 1025 Eldorad Blvd. Broomfield, GO 80021 3. Vvice Type 10 Certified Mail 0 Express Mail 0 Registered 0 Remm Receipt for Merchandise 0 Insured Mail 0 C.O.D. 4. Restricted Delivery? (Exha Fee) 0 Yes Article N" 7003 2260 0001 6391 7573 (rianster fro Ps For, 3811, February 2004 Domestic Retum Receipt 1025550244-1540 44 U.S. Postal Servim. m CERTIFIED a m (Domestic Mail Only; No Insurance Coverage Provided) N a--ICIAL USE m Postage h ~oVt TIG Crq Certified Fee 3 a 1. ° (EnacisemmeiRrtpui Fee SS `r- m O Fee ,..p R (Endorsemeestricts fnt RequJeliveryired) 2~~b ru fl ru Total Postage & Fees is M ° Sent To • ° NORTH**EST NATURAL GAS l~ or PO , Box Apt No. o.. SOOTT PALMER, ENGINEERING GDORD. or PO 220 NW 2~ AVENUE City State, ZlPr PORTLAND OR 97209-3991 PS Form :00, June 2002 See Reverse for Instructiorg! OMPLETE • COMPLETE THIS SECTION ON DELIVERY SENDER: C THIS ■ Complete items 1, 2, and 3. Also complete A. Sign u dre item 4 if Restricted Delivery is desired. kE ■ Print your name and address on the reverse d" am o that we can return the card to you. e) C. Date of Delivery s ■ Attach this card to the back of the mailpiece, 16 or on the front if space permits. D. Is delivery address different from item 1? ❑ Yes 1. Article Addressed to: If YES, enter delivery address below: ❑ No NORTHWEST NATURAL GAS SOOTT PALM ER, ENGINEERING ODORD. 220 NW 2ND AVENUE PORTLAND OR 97209-3991 3. t-ce T ype effi wd Mall ❑ Express Matt ❑ Registered ❑ Retum Receipt for Merchandise O bistaed Mail ❑ C.O.D. 4. Restrided DeiiveyJ (Extra Fee) O Yes 2. Atic 7003 2260 0001 6391 7313 Ps Form 3811, February 2004 Domestic Return Receipt 102595.024M1540 45 U.S. Postal Service,. m CERTIFIED MAIL. RECEIPT Er (Domestic tti For M ~ delivery M U 324 Postage $ G C3 Certified Fee E3 Return Redept Fee ere (t:ridorsemerrt Required) C3 Resiritxed Delivery Fee ~G ~ee (FJidorsement Required) Q~ f1J Total Postage & Fees $ r M p sent o C3 Qwest Corporation S`heel: ApG Attn: Paz Prouse, Address Management Qr. or PO Sax' 1600 7,h Avenue, Rm. 1206 - 04State, Seattle, WA 98191 PS Form 3800, June 2002 See Reverse for Instructio SENDER: • • COMPLETE THIS SECTICN uK DELIVERY ■ Complete items 1, 2, and 3. Also complete re item 4 if Restricted Delivery is desired. ❑ Agent ■ Print your name and address on the reverse ❑ Addressee so that we can return the card to you. Mdeehmmvy Pdntad NameDarof Delivery ■ Attach this card to the back_of the mailpiece, or on the front if space permits. ress difWent from item 1? 1. Artlde Addressed to: If YES, enter delivery address below- ❑ war Qwest Corporation Attn: Pat Prouse, Address Management Qr. 1600 711, Avenue, Rm 1206 Seattle, WA 98191 3. ' Type ed Mail ❑ Express Mail ❑ Registered ❑ Rettun Receipt for Merd andise ❑ lnstued Mail ❑ C.O.D. 4. Restricted Delivery? (Extra roe) ❑ Yes 2. ArWeNtmib 7003 2260 0001 6391 7948 (Tiarisfer fro: - - Ps Form 3811, February 2004 Domestic Return Receipt 102595.02-W1540 46 U.S. Postal Service,. N CERTIFIED MAIL-r. RECEIPT a, rr1 (Domestic Only; No Insurance Coverage Provided) I For delivery information visit our website at vrmw.usps.comq Er OFFMIAL U17-1 ...0 Postage $ TIG / L OA .>te r-q C3 Certified Fee Y0 © ({C~ "'O C3 Return Redept Fee rere rt (Erbarsemerrt Requ,rem C , -s s( ` m ti .n (En=WRe adl r 200 4' fU ru Total Postage & Fees $ Si j m C3 sent To 0 XkLeod - - - srreeti a~ r, Ana Kris Graham or POBOXN 64000Stree,SW City Stale I Cedar Rapids, IA 52406.3177 . PS Form :00, June 200 SENDER: • • • THIS SECTION ON DELIVERY ■ Complete items 1, 2, and 3. Also complete A. Si re item 4 If Restricted Delivery is desired. X ~ g~ ■ Print your name and address '9n the reverse ❑ Addressee so that we can return the card to you. B. R!ft by (Printed Name) C. Date of Delivery ■ Attach this card to the'back of the mailpiece, j0-2 _q on the front if space permits. de&ery address differerd from item 1? Yes 1. Article Addressed to: If Y5S, enter delivery address below: No NkLeod ( 6400 C Street SW ::ti400L+A IQ Attn: Kns Craharn ' s Cedar Rapids, 1A 52406-3177 3. Type 0ce Certified Mall ❑ Express Mail ❑ ReWstered ❑ Return Receipt for Merdtandise ❑ fim red mail ❑ C.O.D. - 4. Restricted Delivery? (Extra Fee) ❑ Y. Article"ur 7003 2260 0001 6391 7597 C (Fransfar fr PS Form 3811, February 2004 Domestic Return Receipt 102595.0244-1540 . 47 U.S. Postal Service,. m 1 CERTIFIED MAIL,. RECEIPT a- (Domestic N information visit F I L • `a Postage $ rt1 C3 Certified Fee C3 0 r3 Return Reciept Fee re (Endorsement Required) O Restricted oet Fee U rruu (Endorsement Required) a ill Total Postage & Fees M O Sent To C3 Northwest Natural Gas KWZ-apt:i Attn: Annexation Coordinator orPO8=N 220 NW 2nd Avenue c7y State 2 Portland, OR 97209 :00. June 2002 See Reverse for InstructiorVA -PS Form • COMPLETE THIS • COMPLETE THIS SECTION ON DELIVERY ■ Complete items 1, 2, and 3. Also complete A. Sign item 4 if Restricted Delivery Is desired. Agent ■ Print your name and address on the reverse E dressee so that we can return the card to you. a. by (13f ame) C. a Delivery' PkIcew ■ Attach this card to the back of the mallpiece, /I or on the front if space permits. . AN is different from item 17 Oyes 1. Article Addressed to: ff YES, enter delivery address below: 13 No Northwest Natural Gas Attn: Annexation Coordinator 220 NW 2nd Avenue Portland, OR 97209 3. ce Type Certified Marl ❑ Express Mail ❑ Registered 17 Return Receipt for Merchandise'. 13 insured ma 13 C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes • 2. Article Mr.a W. 7023 2262 22-- 6391 7931 Ps Form 3811, February 2004 Domestic Return Receipt 102595-0244-1540 48 • U.S. Postal Servim,., (Domestic CERTIFIED MAIL. RECEIPT Mail Only; No Insurance Coverage Provided) t` For delivery information visit our website at www.usps.coma OFFFICIAL UT-1E M -0 Postage $ Apr ~iGq B C3 certified Fee o Xrd=W, = 1 _ 1, ...f] ( Rest ment RBQuryfredl , SP5 Total Postage 8 Fees $ M p Sent To C3 Pride Disposal r 3`~reeL A0 Attn: Mice Leichner or PO Box R 13980 S W Tualatin Sherwood Road WliT State 1 She-wood, OR 97140 PS Form :3800, June 2002 See Reverse tor Instructio SENDER: COMPLETE THIS • • THIS SECTION ON DELIVERY ■ Complete items 1, 2, and 3. Also complete A Signature Item 4 It Restricted Delivery is desired. 0 agent ■ Print your name and address on the reverse x 0 addressee so that we can return the card to you. B. Received by { Prf ZNQ C. Date of Delivery ■ Attach this card to the back of the mailpiece, Q.y1'l or on the front if space permits. D. Is delivery adc6w different frtxn item 1? es Article Addressed to: 00D D~ If YES, enter delivery address below No Pride Dupont d Rox 9'20 A= IV1ike Leichne 0 2006 W,( Lk) v o d v~ ~ `1140 Sherwood, OR 971 Type ed Mau 0 Express Mail 97 ~0 O Registered 0 Return Receipt for Mwdtandise ❑ tnstned Mau E3 G.O.D. 4. Restricted Delivery? J&ft Fee) 0 Yes 2 Arbde, 7003 2260 0001 6391 7467 PS Form 3811, February 2004 Domestic Return Receipt 14,t-tsao 49 Postal C3 CERTIFIED MAILT. RECEIPT Lr) (Domestic Mail Only; No Insurance Coverage Provided) ~ ~ L USE m , !l .11 postage $ C3 Certified Fee t( 4'(1 Q Return Reoiept Fee Q i Heie~~9 t+ Q (Endorsement Required) .x[{'', C3 Restricted Delivery Fee N (Endorsement Required) ru Total Postage & Fees $ ap/ JOG3 rn r3 Sent To C3 Time Warner Telecom of Oregon LLC f`- 3`beet: N Artn Tina Davis, VP & Deputy General Cowue or PD Box No 10475 park Meadows Drive City; State. L~ Linlecon, OO 8012 PS Form :3800, June 2002 • THIS SECTION ON DELIVERY SENDER: COMPLETE THIS SECTION ■ Complete items 1, 2, and 3. Also complete A. Signat "h7C'iy Agent item 4 if Restricted Delivery is desired. X Addressee ■ Print your name and address on the reverse so that we can return the card to you. B. ~d by ( ante) y's ;C. of Delivery t Attach this card to the back of the mailpiece, v ' co or on the front if space permits. Y~ D. Is delivery address frorH d 1. Article Addressed to: tf YES, enter derty ! No : Time- Wamer Telecom-of Oregon LLC Attn: Tina Davis, VP & Deputy General Counsel 10475 Park Meadows Drive Littleton, CO 80124 3. •ce Type Certified Man ❑ Express Mail F ❑ Registered ❑ Retum Receipt for Merchandise ❑ instrted Man ❑ C.O.D. 4. Restricted Deliiver)/1(Fxtra Fee) ❑ Yes S Attic 7003 2260-0001 6391 7450 PS Form 3811,. February 2004 Domestic Return Receipt ri 102595-0244-1540 50 Postal (Domestic -o' CERTIFIED MAILT. RECEIPT N For delivery information visit our website at www.usps.com:.) a OFFICIAL USE M o Certified Fee YC~ 4 C3 Return Redepl Fee tD ~ (EnRestricted Wmy do t RegWred YSO on ru d ru Total Postage S Fees $ S M 0 SON 0 O OnFiber Communications r- apt N Atm: Jim Tipton _~______W___--------------. or PO Box Ak 6300 S. Sy =wc Way, Suite 350 Centennial, OD 80111 PS Form 3800. June 2002 See Reverse for Instructiontp • THIS SECTION ON DELIVERY SENDER: COMPLETE THIS SECTION f ■ Complete items 1, 2, and 3. Also complete A. Signature item 4 if Restricted Delivery is desired. ❑ Agent ■ Print your name and address on the reverse X ❑ Addressee so that we can return the card to you. B. Received PYinted Name C. Date of Delivery ■ Attach this card to the back of the mailpiece, lip// ~~A or on the front if space permits. D. Is delivery address different from item 1? ❑ Yes 1. Article Addressed to: If YES, enter delivery address below: ❑ No i i OnFiber Communications I Attn: Jim Tipton 6300 S. Syracuse Way, Suite 350 Centennial, CO 80111 3. Type l rRegistered ad Mail ❑ Express Mail ❑ Return Receipt for Merchandise O Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes i Article Numbe from! ! 7003 2260 0001 6391 7436 (Transfer fro Ps Form 3811, February 2004 Domestic Return Receipt 102595.0244-1640 51 ti U.S. Postal Service-,,., = ~ CERTIFIED MAIL. RECEIPT u1 (Domestic Only; No Insurance Coverage Provided) r% OFFICI L USE tie s • !lb JOR TfG4 ° t:er611ed Fee 2 ° 18 -0 2006 to ~Pgy Total Postage &Fees s m ° o ° Metropolitan Filer Systems (MFS) btreet 2400 N Glenville Dr. or PO Six Richudson TX 75082 . f.Yfy Sra~ ar++ PS Form :3800. June 2002 I COMPLETE THIS • • THIS SECTION ON DELIVERY ■ Complete items 1, 2, and 3. Also complete A. Sign re i Item 4 if Restricted Delivery is desired. Agent i ■ Print your name and address on the reverse X❑ Addressee so that we can retum the card to you. B. Received (Printed N C. Date of Delivery ' ■ Attach this card to the back of the mailpiece, giP~E~~LL 1/6 ~ p'G or on the front if space permits. D. is de address different from item 11 ❑ Yes 1. Article Addressed to: If YES, enter delivery address below: J12Mo ! Metropolitan Fiber Systems (NIPS) 2400 N Glenville Dr. Richardson, TX 75082 3. Type I Certified Man ❑ Express Mail ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured man ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes z Article lvimrl: (Tmnsfer frog 7003 2260 0001 6391 7542 I _ (Trans PS Form 3811, February 2004 Domestic Return Receipt 10M_5-W44-1540 52 • Postal a^ Ln CERTIFIED MAIL,,, RECEIPT 0 Ln (Domestic Mail Only; No Insurance Coverage Provided) For delivery information visit our website at www.usps.coma tr OFFICIAL USE I M , Sdc Postage a C3 Cee>Red Fee C3 (Endorsement Rehan Redepl Fee A "q RequlZ -a I'Li r1J LL YO Total Postage & Fees $ M o e C3 MQ Worldcom ~V OSP National Support tImestigations or PO Bar, 2400 N. Glenville Dr., Dept 42864 I-oc 107 - - Cdy, S~ Richardson, TX 75082-4354 PS Form :3800. June 2002 SENDER: • • • THIS SECTION ON DELIVERY ■ Complete items 1, 2, and 3. Also complete A. Sign re Item 4 if Restricted Delivery Is desired. L Agent ■ Print your name and address on the reverse x O Addressee i so that we can return the card to you. EB Received by Printed Name) C. Date of Delivery i ■ Attach this card to the back of the mailpiece, or on the front if space permits. .E iG /O-S7~G I 1. Article Addressed to: D. 9 deliv address different from item 11 ❑ Yes i If YES, enter delivery address below- .1 No I . I MQ Worldcom OSP National Support/Investigations i 2400 N. Glenville Dr., Dept. 42864 Loc 107 ' Richardson, TX 75082-4354 - ' I 3. ce Type Certified Mail Egress M;aB; j ❑ Registered ❑'Retiirti $ecelpt for Merchandtsa ❑ Ir wred,Mall ❑ C.O.D: 4. Restricted Delivery? Api~i Fee) ❑ Yes 2. Article • 7003 2260 0001 6391 7559, PS Form 3811, February 2004 Domestic Return Receipt " " tosses o2 ts4o: 53 • Postal CERTIFIED MAIL,. RECEIPT _a uI (Domestic Only; No Insurance Coverage Provided) f` ~-OFFI ~I L USE M Page s ~a9 0R C3 CWWW Fee r3 tr P C3 ° ~ C3 Restrl~tad Delivery Fee o spati~ Total Postage & Fees M O o O }CO Cpmm+micatio No Arm:- Jay Rundle or PO 9= 9000 SW Nimbus Avenue _r.....r_.~..~ City, State, w Beaverton, OR 97008 PS Form :00, June 2002 See Reverse for Instructions , SENDER: • • • THIS SECTION ON DELIVERY ■ Complete items 1, 2, and 3. Also complete A. at Item 4 if Restricted Delivery is desired. Agent Print your name and address on the reverse ❑ Addressee I so that we can return the card to you. Received b Printed Name. Dat of livery ■ Attach this card to the back of the mailplece, /g or on the front if space permits. Q fo, D. Is delivery address different from item 1? Yes 1. Article Addressed to: bi If YES, enter delivery address below- ❑ No ' ~0\ 1TM XO Co unicationsrY~ Attn: Jay die 9000 SW G" N Avenue hC of Beaverton, OR 008 a Ixp ` 3. ce Type Certified Mau ❑ Dress Mail AC Registered ❑ Return Receipt for Merchandise l . \ ❑ Insured man ❑ C.O.D. 4. Restricted DefiveryT (Extra Fee) ❑ Yes • 2. Artli 7003 2260 0001 6391 7566 R- PS Form 3811, February 2004 Domestic Retum Receipt 102595-024,,1540 54 •tir:•;. :n,.;sryh.,C~ r~LL ``?y:;,i•',4.;,.; ,y,; / 1 ,r.-3,. v•.. ciN-4.101 µ till ,l~'ir,urrrl!!lrrurr!!! ! !r!!rlr1lrlirlrr1rr!!1l1l .~.rzy 7003 2260 0001 6391 7566 PLANNING AMOVED, dC.T : 20-6 . ' , CITY" ' ~ - . = OF~TIGARD ~ , .~w i q' r?1 Attn: le ~f`n ! 9000 SW NIA , - Beaverton, COMPLETE SENDER: ~I a j ■ Complete items 1, 2, and 3. Also complete A t Item 4 If Restricted Delivery Is desired. k1 Agent 1 ■ Print your name and address on the reverse ❑ Addressee ~p}~•~"' , 6~~~ ` f so that we can return the card to you. Received b Printed Name . Daf oCf/ D livery rYV1hR riV y i1 ■ Attach this card to the back of the mailplece, Q~ ' s f or on the front If space permits. i ~/6' D. Is de iv address different from item 11 ❑ Yes 3 1. Article Addressed to: k sS y*• If YES, enter delivery address below: ❑ No s ' X0 Go cations 1 Attn: 9000 ue 1 Beave11 41 3. ice Type Y?. `j Certified Mail ❑ E xpress Mail t Registered 13 Return Receipt for Merchandise ; ` I 1 E3 insured mail ❑ C.O.D. (-n 1;1 4. Restricted Delivery? (Extra Fee) 0 Yes 2. Arth ' j! 7003 2260 0001 6391 7566 1 yw•' I; PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 ...........w.. r L-.ate:. . • Postal CERTIFIED MAIL,. RECEIPT m (Domestic N For delivery information visit our OFFOCOAL USE M Postage $ -~1GgR© o certified Fee 0 (\Ti O Returtf Reaept Fee P YD E3 (Endorsement Required) O Restricted Delivery f(Endorsement Required) U rL Total Postage & Fees $ M C3 Sent To C3 QWESTOOMMUNICATIONS Suee4 ApL i11 LYNN SMITH, ENGINEERING ROW MGR . or PO Bar Na 8021 SW CAPITOL HILL RD, ROOM 110 Gty State b PORTLAND, OR 97219 PS Form :00, June 200 • 56 Postal CERTIFIED MAIL. RECEIPT Ln (Domestic Mail Only; No Insurance Coverage Provided) r _ m `R Postage $ f p Certified Fee ((J tr Pos6ifadc °o (Erttio Ravuir~ 1~ v r-3 Restricted Dellvery Fee t N (Endorsement Required) Total Postage & Fees $ m C3 Sent To O ° XO Communications Sfieet Apt. No. Arcn• Jay Rundle or PO Box No. 9000 SW Nunbus Avenue Crty, State.7JP, geavetton, OR 97008 PS Form :i0, June 2002 See Reverse for Instructions 57 1~i 44 AFFIDAVIT OF MAILING I, Patricia L. Lunsford, being first duilysworn/affiim, on oath depose and say that I am a Senior Administrative Specialist for the City of Tigard, Washington County, Oregon and that I served the following: (Q.c Appmpiae B*4 Bd-j 1E NOTICE OF FINAL ORDER FOR ZCA2006-00002/CACH CREEK AREA ANNEXATION (Fe No./Nu Memnw) ❑ AMENDEDNCO E HEARING BODY: HEARING DATE: ❑ qty of Tigard Plarmirig Director ❑ Tigard Heanngs Officer ❑ Tigard Planning Commission ® Tigard City Council &/26/2006) & (10/10/2006)-Not a public hearing A copy of the said notice being hereto attached, marked Exhibit X, and by reference made a part hereof, was mailed to each named person(s) at the address(s) shown on the attached list(s), marked Exhibit " B" , and by reference made a part hereof, on October 18, 2006, and deposited in the United States Mail on October 18, 2006, postage prepaid. (Person tH&rl-l'repqgA STATE OF OREGON County of Washington SS. City of Tigard Subscribed and sworn/affirmed before me on the day of 2006. OFFICIAL SEAL DIANE M JELDERK$ NOTARY PUSUC-OREGON COMMISSION <^21 fMY COMMISSION EXPIRES S,'-,z NOTARY PUBLIC F REGON My Commission Expires: S'~ 7 58 EXHIBIT 1 ~'f 20 DAYS = N/A DATE OF FILING. 10/.13/2006 V ~TE MAILED: 10/18/2006 CITY OF TIGARD • ° Washington County, Oregon NOTICE OF FINAL ORDER BY THE CITY COUNCIL Case Number. ZONE CHANGE ANNEXATION ZCA 2006-00002 Case Name: CACH CREEK AREA ANNEXATION Apphcant/Coordinator's Ci of T and 13125 SW Hall Boulevard Tigard, OR 97223 ulti le licants Name/Address: Owner's Names/Addresses: Oty of T and 13125 SW Hall Boulevard T OR 97223 T Water District PO Box 23000 T OR 97281 Jon D r PO Box 848 Lake Os o OR 97034 Addresses of Properties: 13230 and 13425 SW 154th Avenue• and 15160 SW Sunrise Lane. Rema' ' parcels have no addresses Tax Map/Lot Nos.: Wason Co. Tax Assessor's Ma No. 2S105DB Tax Lots 400 6100 and 6200• 2S105DC, Tax Lots 201,300 and 400; 2S105DD, Tax Lots 200 and 300. A FINAL ORDER INCORPORATING THE FACTS, FINDINGS AND CONCLUSIONS APPROVING A REQUEST FOR ANNEXATION (ORDINANCE NO.2006-15 . THE CITY OF TIGARD CITY COUNCIL HAS REVIEWED THE APPLICANTS PLANS, NARRATIVE, TERIALS, COMMENTS OF REVIEWING AGENCIES, THE PLANMNG DIVISION'S STAFF REPORT RECDMMENDATIONS FOR THE APPLICATION DESCRIBED IN FURTHER DETAIL IN THE STAFF PORT. THE CITY COUNCIL HELD THE PUBLIC HEARING ON THIS ITEM ON SEPTEMBER 26.2006 PRIOR TO MAKING A DECISION ON THE REQUEST ON OCI`OBER 10, 2006. THIS DECISION HAS BEEN BASED ON THE FACTS, FINDINGS AND CONCLUSIONS CONTAINED WITHIN THIS FINAL ORDER Request: ➢ Annexation of eight (8) parcels of land totaling 35.78 acres, including right-of-way on SW Sunrise Lane into the City of Tigard. ON O I'OBER 10, 2006, THE CITY COUNCIL UNANIMOUSLY APPROVED THIS REQUEST (Ordinance No. 2006-15). Zones: R-7: Mediun -Density Residential District; and R-25: Medium High-Density Residential District. Applicable Review Criteria: The approval standards for annexations are set out in Community Development Code Chapters 18320 and 18.390, Comprehensive Plan Policies 2 and 10; ORS Chapter 222; and Metro Code Chapter 3.09. Action: ➢ 9 Approval as Requested ❑ Approval with Conditions ❑ Denial Notice: Notice was published in the newspaper and mailed to: © Owners of Record within the Required Distance © Affected Government Agencies © Interested Parties ❑O The Applicants and Owners Final Decision: THIS IS THE FINAL DECISION OF THE CITY AND IS EFFECTIVE ON NOVEMBER 9, 2006. The adopted findings of fact, decision and statement of conditions can be obtained from the City of Tigard Planning vision, Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon. Appeah A review of this decision may be obtained by filing a notice of intent to appeal with the Oregon Land Use Board of Appeals (LUBA) according to their procedures within 21 days. Questions: If you have any questions, please call the City of Tigard Planning Division or the City Recorder at 503.639.4171. 59 L CITY OF T IGARD, OREGON TIGARD CITY COUNCIL i ORDINANCE NO. 2006- iJ AN ORDINANCE ANNEXING 35.78 ACRES, APPROVING CACH CREEK AREA ANNEXATION (ZCA2006-00002), AND WITHDRAWING PROPERTY 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 222.120(4)(6), ORS 222125, and ORS 222.170(1) and (2) to annex contiguous territory upon receiving written consent from owners of ]and 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 he within the boundary of the Tigard Water District, 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 upon completion of the annexation; and WHEREAS, the Tigard City Council held a public hearing on September 26, 2006, to- consider the annexation of eight (8) parcels (WCI'M 2S105DB, Tag Lots 6100,,6200'& 400; WCTM 2S105DC, Tag • Lots 201,300 & 400; and WC`IM 2S105DD, Tag Lots 200 & 300) of land located adjacent to and west of SW Sunrise Lane, and adjacent to and north of SW Bull Mountain Road, including right-of-way on SW Sunrise Lane and withdrawal of said property from the Tigard Water District, 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; and WHEREAS, pursuant to ORS 222.520(2) the City is liable to the Water District for certain debt obligations, however, in this instance the Water District has no debt for the City to assume, therefore, no option regarding the assumption of debt needs to be made; and WTIEREAS, pursuant to Metro 3.09, ORS 222120 and 222.524, notice was given and the City held a public heating on the issue of the annexation into the City and withdrawal of the annexed property from the' Tigard Water District, the 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 on September 26, 2006; and WHEREAS, pursuant to ORS 222.524, the City must declare the withdrawal of annexed properties from the Tigard Water District, the 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 by Ordinance; and ORDINANCE NO.2006-_1~5 ZCA2006-00002 Cach Ci 60 Page 1 of 3 i WHEREAS, the Tigard Development Code states that upon annexation, the zone is automatically changed to the City zoning most closely conforming to the County zoning; 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 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: e e a e Exhibit "A" and shown in Exhibit "B" and withdraws said parcels from the Tigard Water District, 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. SECTION 2: The Tigard City Council adopts the "Staff Report to the City Council," as amended by the memorandum from. Emily En& dated October 5, 2006, as findings in support of . this decision; a copy of the staff report including the- amending memorandum is attached hereto as. Exhibit "D" and incorporated herein by this reference. SECTION 3: - The Tigard City Council adopts "Supplemental Findings in Support of Cach Creek Area Annexation" as -findings in support of this decision. A copy of the Supplemental Findings in Support of the Annexation is attached as Exhibit A to Addendum 1 to the Staff Report and incorporated by this reference. 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: City staff is directed to take all ri :cessary. measures to implement the annexation, including certified copies of the Ordinance with Metro for administrative processing, filing with state and county agencies as required by law, and providing notice to utilities. SECTION 6: Pursuant to ORS 222.120(5), the effective date of the withdrawal of the property 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 this annexation. SECTION 7: Pursuant to ORS 222.465, the effective date of the withdrawal of this property from the Tigard Water District shall be July 1, 2007. ORDINANCE NO. 2006-J, ZCA2006-M2 Cach ( 61 Page 2 of 3 SECTION 8: In accordance with ORS 222.180, the annexation shall be effective upon filing with the Secretary of State. *PASSED: By U n AAi rrt UUS vote of all Council members present after being read by number and tide only, this D` day of )2006. Cathy Wheatley, City Recor e APPROVED: -By Tigard City Council this day of' Lz_u 2006. " C Approved as to form: ty Attorney Date • Ceftifud to he a true cap Sotheriginal on file at City of _ L L t Ti Ci Hal1 B •n Reco . City of Tig Date • ORDINANCE NO.2006-_/~ ZCA2006-00002 Cacti C Page 3 of 3 62 EXHIBIT A ANNE AnON DESCRIPTION A tract of land situated in the Section 5, Township 2 South Range 1 West Willamette Meridian described as follows. Beginning at the Northeast Cornier of Stanhutst; thence N 00° 47' 29" E a distance of 1227.67 feet; thence N 00° 4T 29" E a distance of 225.00 feet; thence S 88° 52' 17" E a distance of 341.09 feet; thence S 00° 47- 29" W a distance of 225.00 feet; thence N 88° 52' 1T' W a distance of 117.09 feet; thence S 00° 11'04".E a distance of 348.04 feet; thence S 89° 12'37" E a distance of 420.08 feet; thence S 01 IT 28" W a distance of 615.64 feet; thence N 88° 41'47" E a distance of 356.41 feet to the westerly right-of-way of SW Sunrise lane; thence along the said westerly right-0f-way the following 7 courses; thence N 14° 18' 07" W a distance of 1136 feet; thence N 16° 59' 53" E a distance of 9268 feet; thence N 43° 18' 47" E a distance of 11L75 feet; thence N 04° 36' 28" Ea distance of I5S.66 feet; thence N 01° 25' Sr E a distance of . 131 41 feet r1, em N 182 08! AQ" m along '.t noisterly 'g ~ 04' 06" E, along said westerly right-of-way, a distance of 89.57 feet; thence S 84° 55' 54" E leaving said westerly right-of-way, a distance of 40.00 feet to the easterly right-of-way of SW Sunrise Lane; thence N. 84' 18'39" E a distance of 123.69 feed thence S 87° 13'4r E a distance of 312.82 feet; thence S 01* 01' 50" W a distance. of 304.42 feet; thence N 89° 28' 08" W a distance of 40921 feet to the a astedy rig4t-0f-way of SW Sunrise lane; thence, along said easterly right-of-way the following 8 courses, S 01° 25' 58" W a distance of 1128 feet; thence S 04° 36'28" W a distance of 171.82 feet;' thence S 43° 18' 47" W a distance of 116.45 feat; thence S 16° 59' 53". W a distance of 72.12 feet; thence S*140 18' 07---F, a distance of 184.66 feet; thence S 04° 12' 11" W a distance' of 330.61 feet; thence S 00° 35' 17" W a distance of 32291 feet; thence S 00° 15' 17" W a distance of 68.92 feet to the northerly right-of-way of SW Sunrise bane; thmce S 89° 49'00" E, along said northerly right-of-way, a distance of 237.80 feet,; thence S 00° 43' 00" W, along said northerly sight-of-way, a distance of 20.00 feet thence S 89° 49' 00" E, along said northerly tight-of-way, a distance of 920.60 feet; thence S 00° 56' OS" W a distance of 20.00 feet; thence N 89° 49' W'-W a distance of 4.92 feet to the northwest comet of lot 19 Bull Mountain Estates; thence "S 00° 11' 00" W, along the west line of said lot 19, a distance of.15.00 feet to the extension of the southerly right-o£ way of SW Sunrise: Lane; thence N 89° 49'00" W, along said southerly tight-of-way, a distance of 251.37 feet to the northwest comer of lot 18 Bull. Mountain Estates; thence N 00° 25' 58" E, a distance of 15.00 feet to the northwest comer of Bull Mountain Estates; thence N 89° 49' 00" W, along southerly sight-of-way of SW Sunrise Lase, a distance of 941.78 feet to the westrdy sight of way of SW Sunrise Lane; thence N 00° 15' 17" E, along said westerly sight-of-way, a distance of 109.57 feet; thence N 00° 35' 17" E, along said westerly tight-of-way, a distance of 175.45 feet; thence N.89° 47 37" W a distance of 310.04 feet; thence S 00° 31' 09" W a distance of 130.19 feet; thence N 89° 49' W' W a distance of 284.88 feet; thence S 00° 47' 38" W a distance of 155.00 feet; thence N 89° 49' 00" W a distance of 135.00.feet; thence N 00° 4T 3V' R a distance of 155.00 feet; thence N 89° 49' 00" W a distance of 300.00 feet to the easterly line of Stanhurst; thence N 00° 47 29" E, along said eastedy line, a distance of 510.55 feet to the'point of beginning. Containing 35.78 acres. E R E D A M N E X A T 1 0N CERTIFIED R I G I S T PR0FESS10KAL BY LAND SURVEYOR OC 0 2 2006 -3 R, WASHINGYON COUNTY A& T O r. E GO H July CARTOGRAPHY N 1 R 8.1980 10H HAOLEY L 1894 63 EXCEPTING A tract of land situated in the Section-S, Township 2 South Range 1 West Ali lamette Meridian described as. follows: Commencing at the Northeast Comet of Stanhurst; thence N 00° 47'29" E a distance of 26271 feet; thence S 80 10' 59" E a distance of 624.11 feet; thence 'S 01* 05' 50" W 10.03 feet; thence N 88° 41' 59" E a distance of 217.00 feet to The True Point of Beginning, thence S 05° 00' 48" E a distance of 227.46 feet; thence S-05° 07' 52" W a distance of 115.66 feet; thence S 89° 49' 00" E a distance of 181.95 feet; to the westerly right of way of.SW Sunrise Lane; thence N 04° IT 11" E, along the westerly tight-of-way-of SW- Sunrise I. nr a distance of 183.76 feet; thence N 14° 18'07" W, along the westerly right-of-way of SW Sunrise Lane, a distance of 168.15 feet; thence S 88° 41' 59" W a distance of 163.44 feet to the true point of bc&ning Containing 1.42 acres ANNEXATION CERTIFIED BY OCT 0- 2 2006 WASHINGTON COUNTY A & T CARTOGRAPHY Y RfGISTE010 PROFESSIONAL LAND SURVEYOR - ivt~ IIt.,. t4~4 Seam TA-iftf- 2M ,eCUM S 1 1n4 = 64 ET M I ~)a M (CR.28, w sW r q >NINTERGREEN t u1 Q° 1-19"1 . nae~ w SW MAYVIEW WAY Q z a a um 1700 7=i a~ emd d~ t7 , Q ' am u td 7f00 t low .!o as y rood rem t7tD0 tom 1700 ae d 13 n to tr ar g6m 1700 Nm all 00 17 • If00' Ilm Itm Mm t YARRow S Irm n' WAY • ~r ~,,5` e j M; A Y V 1 E • t~ I tree ,i° tam te0o ttr~e AT{~@E DRIVE 338 I 14 rm0 sr WASHINGTON C COUNTY OR RIY N w teao NW1/4811/ 6CAtA 1 - 100- t ' L1 rfoo " 71 ! 4m floe ` . Via! I as at it ,N trm e4 40 nre .r .n.o , p 1 ~ u , u ! ,..t► n 7~~ 1 u .e.b i, "1F t YARROW WAY Me WAY 5 1 - 78 N 0'MW0MM tr. AAri KOMDUO? WEDS z worme"ohittmMor rcf i k W T p too AN A& . ~ to A ¢ Z Cfr,eflMQTtubbFOr mogos r ANNEXATION CERTIFIED / r tue t BV 0 1 0 12006 t r D 4 WABHINOTON OOUNTY A A T CARTOGRAPHY 2981) WAY py I goo ~f • t A '^A I lee A6 @ 1 { 1 ' PLOT DATE: May 23, 2002 I FOONLF HEWA,~NE A •p •wesMwe•sN.Mr•era•le•ve w,aA i ae Pernwbnb.inrrM'adA':eIM~IO,~M, ,nA ewnwte~Ye~cY•a /Uew tw,w•Iw ~ryroprA • bMAwet•uw~tMneAw IMMUNE Y'' ,DM D7 • ix C 1'•7 77 all .N V^~+ '7•'r ,•:t. a1 •-•.r is 1r/ W 1 AY 411 i' .7 + •PHM+ i y. r Mr. J' i. . ~~rr D 7'i • ''ii' '~Y' ' 7 ''J:' !''''It' ':l'''t t'' 'K, ',V'^'K' j'''' "'I'"t,'':l : ''\'''J''''\•' ✓ •.At. '•V . 1 S:' J' ;:•V';•)' •~it ld•., ,,r ,'•7t: ,71•T'• ~Itilll: ~f~ i'i ;'fi'r' 1 \ ''A,'' ':r '•~•'.~'I',° l..t~l'' it W ~ ''V'' :a,• •H:• lt:• •,it ::7; ;u:•:,, .7 ..1, ='1'"7.~ .f` :f' J: ;S4 ':fir •.:•:t: i .',rr' 'Y' '.r: ':l ' • ':e' ':t'• ~441~~, •''a'''i( ..fr '.i,r '.t,. .:C ''\'":i'j; '.\'+':fl ,'i'^.....•M11M~' 7: .111.1'' 1 ♦'r .\'•.,•••.S;'•., Yy•; ; M .ar~r:.a WASHINGTON COUNTYORE06N Dso/a SWi/4541/4 SECTION 05T28AMW,M. t ~n2e.r'•.,t •:s,. .,r' 'a~ SCALE 1' 100' '•'V• V' ''•S,'••7 I Rf1177wD / :r,' :t ' \'r 3100 I'.\ r • v:: L30 Y. 23-78 : ✓ :ti 1. :t' A$ AG / 1 •.~4qi '1'' • •r\ t ':f .V' r\ 17 f p\' ,\',•''f''',: '':f ':Ir•'' l[: :J ~ 1 f , rf j~+V'r.''.+''. fI11'~M' ~ '•wi ~ I .tr. , ,r. ,r::, ,N yr . r Ylf ra;a ...q-,Y,~~,n' it ,eI;4,,r. •I' I:.' '"''•'t,''~,•it-r=ui.;•~ M ,c •.Y~. ;.Iy,_: s~ ~~+a ( ';l' ,:A{•ta •Y••:i l;••ti FOR Aaa7A61ALMAPS nsn OUR W[YanaAr ,t' '.7. ''.~.r.,,•J 'A RD,I»a 1 .`:''~{¢i. nC\'' ~':i ~:ti' ~t•~. MIr1.Ae.M0D1101~IOll.a.u. •:t~ ~'''i' a K' ' ~ ~ ~~~~~L_~~. ,~Ktiw~A~Y'l, Y,':'f''rti ''7,.' •;tti:ry~:., r.),7,.;7 :;.~r.,\~ l;t:rr ~••,t~:i. ,V A g ' _ ~/•/jam] :r' %7; ' 1i' , : 400 (CR 2538)k i R.,..1a fT■ 'I' i:' :~hk ::,9'' :i b':,:r:•:7:•:\ a\' 7 bv. •.~,~t;~ ''u ' ;;i, ~ ;q.y.rv•,; ;;tr r ,;'',i''JI' ';x i,~,,• ; p l`,, . r, •'7•'••71.. s.•.~i •.,''ri r\ r. r+ ; , ro I AI Aa .r: • '+'i'r:•:,•,'t 'i: = r'~: t ':l 1:'r f 1'r :l'''J:' r.":1;';V' / 'ICI i,.iid. '1: ' y '1(' . '7i'ii':r:• :i • J ' ,''krpar0 •at;• :•.;1: Sir: ''n' Cw1Cibd TWoh FW. 9510300 • :r 'b , ~;i i ~''r' it'' ~ \1, 1;" • ANNEXATION CEPTIF19D '7 ' i;•• ~•/rj", l~ , : •:>;:`)ilA too \ r' ''1 ,r ' It 'SC' A .1; ;•i " "7: , BV LIIAC' .^.'2.•Yr••.i .,1:•• .r r:,~ A: ':r , . •:~'':Y'•'A ,1:'''t:'''i: Oct 0 %2006 `::~r,• :•X ,r\,Y:^ ':7,:• 4'` '''1 7: 7: ;;''.t:::n::tt WASHINGTON COUNTY A4T v ^ ' 'CARTOGRAPHY ' ,r , , Ip ~'a1nJc11 ~ . Aaa0 111 alP1®w4 \GQ; , - r,\' I 1• Z ':;'.;yam T•® x o'4 1 o n PLOT DATE: September 05, 2000 FO ASSESSSpMEpNTTpPu(9]~ ES \ S,'': ,r 1 • ' •MVw... wr,:w.sgwwnwVMMS Siwwnowfnl ;/,~'R' ':i'' 1:'';, ,••'Y toDrwmbrraane myA,daar,a,dtraMwew L'wl';.:t : r I ~,7:':~;'.7,.'.` eww1MA,0'awws ww M.»mmwau ypprn wa rroY '''1r ' ! r: 'a,;~ 1 \ ~ Y bhweMaTMlrpalDlon. 2S 1 05DC S 1 050C v c5 m ,~ppt''~d•°' pp t 4 Q r,+*.yr}ly. ...s1' 1' '.v:• 1 .t:" ^ ;1, ;;~isa•'~ rl' •eln. ,i il" 4~'R 'N v 'ry' rv 2S f ~i~L ~ 4 Ti~~ Y~ IA; pr ll,ll. Al4 1 ~ Y STTZ; i.. yy~~4.f I 11 q 1 • ~~Adw~~~i ~il5?•` 7'i r'~~•l';1 y ~y ~ 5~ ~ ~ ~j r ,"II• ' ~ ~ ~IL t 1iG"•lt:ui$1 ' y vJ14 Sdt;ltj'•,vlY'~ 1 ' '1 " w•` 'S r` SW KLIPSAN LANEd { 7 Sell < T + r eouer ti teoo lead od ~V t ,Y ~ ~ 70m wo 14 •12 b v.. e•• Il + . + ~ M saoo ! 2tm 4 t 1 20 1 •12 a t. 0 ~I a2ao0 SY 1 43 ~ ,.v AO tam ' ■ tam Wr 4,100 t1 2i8° t .ice If 1 .r.r , ; • y !OO i It i Q Alm 72m ~ ( . to VLWI 'A' WASHINGTON COUNTY OREC .e ` - 1ffi •2l ' i ~o 84114 881/tSECTION OQT28N1WN %,..Aa 'Tn.T _ ' SCAM 11' 100' ~/f t atm'~' ~ io ' ttno LL) 1 , 7a aw0. " ~ gt'fj • ..i' ~ a ~:yfir:a "n • aim t) 0 '4~° tf~o•~ i 1 a 27 ~y ' I or -T R1 ~ 5100 2009 la ~ } } + { 405 ✓ 2.0410 fato I ,t1 Ae bSW S aam EAYIEW LANE It r. I. 31 23-73 I~ ` r h 1 ~.7m ii two I N ~ ~ • ~ 1 t t~'. I qp,.M H bO•,1M 440 too 24 , J ' aRw a t 1 roll ADDITIONAL MAPS v OUR .2t+9n ' .am • ~ i°,° ~ Q to ~ ~ d + ; iT' ~~1;;; 'If w• am LJ 74 Y` Goo Us" - 1,1.0 Y'••••~v' 4500 ~ ij 6a20a0 ~ aa2ot ~ i 'VI AS MAC 21 ' r ISm b i, x z~ „AO aim . 1 Mm 27 h. w. 2. k G q..,aa lam aitm 7 0. .7 `0 •-4r 5 q,Ma 4.0 A/ J ►sm J dv,~ d CtOp0,0 TlodOb For. 2910600 tlm a Teo 161a01 amtam4 ' '40" ANNPXATION CQ Flea • 1700 tiNw ' 23-78 ,.,.a ' ;lot BY OCT 0 110.06. 3y + •.7,110 IM gw.NY y WASHINGTON IOGRAPNY A6T 12m CAR Loom P qM,a I , 14100 w ( i, "Cps 4110 73 PLOT m• f0'GNLYgATEj?ix~FF,~9/yEWuegqpry 23181, gqy3pppppp100 MAC ♦ d fam 1 fOA'!)IINEAUSf 1iYrS$ b lam ~ ~ 1•W Ad 6 ~ 1a1pMY.,MtI.MerA'MMOr,w►A ' \ ( ( •IAe 11 M ~ rrrwwrlrrwMrr.a•wa,rrr a. aaoo 24 m w,f~nYnwOft Qeetee1w1Y11,Yis 3'7 17Ae ,,Aa ton..r.w.r,rwrwr, a 2 78--- . 11. YI(2eal 00 m 1111000A►NIC INFORMAT, V ~ ZCA2006-00002 Cach Creek Area W S Annexation • e p k• a PROPOSED ; (MFrA ANNEXATION ►6ENp R0• AREA 7108 rd Ana Map City of Tigard City Limits Proposed. Annexation Area 01 Sunri a Lan ' w • D ~ N ~r . Information on this map Is for general location only and should brvadned Wth the Development Services Division. 13125 6W Hog Blvd Tigard, OR 07743 (SO]) B]B•~ 171 hl I,ligaM.or.us Plot date: Oct 6, 200 aglc\MAGIC03.APR E • °C1 ' ' EXHI - Agenda Item: H Date: September 26.2006 Time: :30 STA- " QRT TO T 120 DAYS = N/A SECTION APPLICATION SAY FIIENAMF. CACIFI CREEgAREAANNE%ATION CASE NOS:. Zone Change Annexation (ZCA) ZCA2006-00002 -APPLICANT/ COORDINATOR Crty of Turd OWNER: City of Tigard. (Mul4k Coats BetR St Amand Conte Deans Koe emaeiec applicants): 13125 SW Hall Blvd. 13125 SW Hall Blvd. Tigard, OR 97223 Tigard, OR 97223 OWNER TVad Water District OWNER jon Dyer • PO Box 23000 PO Boa 848 Tigard, OR 97223 Lake Oswego, OR 47304 OWNER: Sun Ridge Builders, Inc./ Brentwood Homes Conrict John Noffz 15170 SW Finis Lane Tigard, OR 97224 PROPOSAL: 'Ihe applicantis requesting annCgatlon oeleven (11) parcels and the Sunrise Lace right-of-way containing 44:4L. a mtal 0 40.93 acres into the City of Tigard. , . LOCATION: Abutting and west of Sun ise"Lane, and abutting and north of-SW But Mountain Road, including right-of-way on - SW Sunrise Lane; Washington- County Tag Assessor's Map No. (WCTK 2S105DB, Tag Lots 6100, 6200 & 400; CTM 2S108AB, Tag Lots 1200 & 1201; WCTM 2S10SDC, Tag Lots 100, 201, 300 & 400; and WCTM 2S105DD, Tag Lots 200 & 300. CURRENT ZONING DESIGNATION: R-6 District (Residential: 6 Units Per Acre l. The purpose of the Washington County R-6 District is to implement the policies of the Comprehensive Plan for areas _ designated for residential development at no more than six (6) units per acre and no less than five (5) units pet acre, except as specified by Section 300-2 or Section 303-6. The intent of the R-6 District is to provide the opportaimty for more fienbiility in . . development than is allowed in the R-5 District 69 CACH CREEK AREA ANNEXATION - 7r.A XVKJVM') EQUIVALENT CITY ZONING DESIGNATION: R_7: Medium Density Residential Djstriet The City o€Tigard R 7 zoning district is designed to aoeommodate attached single- homes, detached single-famalp homes with of without accessory residential units, at a minimum lot size of 5,000 square- feet, and duplexes, at a minimum lot size o€10,©00 square feet. Mobile home parks and subdivisions are also permitted outright Soave civic and institutional uses are also permitted conditionally. APPLICABLE REVIEW CRITERIA: ORS Chapter 222, Metro Code Chapter .3.09, COMPrehensive Plan Policies 2 and 10, . Community Development Code Chapters 18320 and 18390. SECTION H. STAFF RECOMMENDA'T'ION b" • SECTION M. BACKGROUND INFORMATION Site Information The subject site is located along the western boundary of the City of Tigard; the mayotity of Sunrise lane is contiguous to the City limits- The site is part of unincorporated Bull Mountain and the City of T'agaes Urban Service Area_ The subject site is predominantly in public ownership and is either cutrentiy used for public purposes or will be in the future. The City intends to-.use the publicly owned land for the purposes of a reservoir and parkland. The Menlor Reservoir provides public water storage Eciities for the Tigard Water District The subject site also includes land banked for the Cache Creek Natural Area and future public water facilities: gard Water Du ibution System Hydra& &c S&4 (Map 2000) shows a future 550'-elevation-zone The City of 71 Reservoir. #1 located on City-0wned land adjacent to Sunrise Lane. The subject site also includes residential Land (vaca.nt, and in current use). There are four primary structures located on the subject site: the Menlor Reservoir and three homes. The City approved a lot lane adjustment (MIS2006-00012) for 2S105DC, Tag Lot 100 on July Z, 2006. The two southernmost residential parcels (2S108AB, Tag Lots 1200 and 1201) are currently under development review-, the owner has submitted separately a land-use application for a-17-lot subdivision with a total of 30 dwelling units (SUB2006-00003). The application was submitted to the City on January 31, 20M when- the City stall provided development services to the Urban Service Area as agreed is the Washbi on County - Tigard Urban Services Intergovernmental Agreement (terminated July 20, 2006). This application is a separate land-use decision with its own set of review criteria and will not be addressed-in this report The majority of the subject site contains steep slopes, defined as 25% slope or greater. The City of Tigard Community Development Code requires Sensitive rands permits for development on parcels with steep CACH CREEK AREA ANNEXATION 70 ZCA2006-00002 slopes. There are two wetlands designated as Ttxle 3 we lands in the subject area. Goal S and Bull Mountain Community Plan natural resources exist on a majority or portions of the subject tag. lots, protection for which will be considered if or when any of the proposed-territory develops. SECTION IV APPLICABLE REVIEW CRITERIA. FINDINGS AND CONCLUSIONS Statci ORS Chapter 222 RegionaL- Metro Code Chapt= 3.09 City; Comprehensive Plan Policies 2 and 10, Community DevelopmentCode Chapters 18320 and 18390. Staff has determined that the proposal is consistent with the relevant portions of the Community Development Code based ou the f6&wiing findings L ChaPber 1832A 420- An*nyal Process rind Stanidards. B. Approval Cttftn2. The decision m approve, apptuve with modification, or deny as application to aunts propeity to the City shall be based on the bllowing etioeek L All services rail facilities arc av2i6bk to the area and have sa6dent capacity to provide-service for the proposed innexatioa atea; and The City -of Tigard Comprehensive Plan's Urbanization Chapter (Policy 10. 1.1) defines services as water, sewer, drainage, streets, police,-and fire protection- Each service is addressed below. - . Policy 10.1.1 further defines capacity as -adequate capacity, or such services to be made available," to serve the parcel "if developed to the most intense use allowed," and `.`will not significantly reduce the level of services available to developed and undeveloped land is the City of Tigard." The proposed annexation toxitory is currently zoned R-6, a Washington County residential zone designated for residential development at no more than- six (6) units per acre and no less than five (5) units per acre. With artnPxiro' the subject site's zoning would change to-R--7 per Table 320.1 (ride 18). 'Ibis equivalent city zoning provides for medium-density, single-family residential with a minimum residential lot size of 5,000 square feet As noted earlier, the subject site's current and planned uses ate mostly public water provision and. a natural area. The property deeds for certain parcels limit the City to these two uses. If the rematntng 9.14 residential zees were developed to their designated capacity of 7 units per gross acre, without allowance for the sensitive lands present; the sites could accommodate approximately 63 units totaL This gross calculation breaks down as follows--- two northeast parcels (Dyer), 21 units; two southwest parcels (Btentwood), 42 units. These. figures were used for City departsaent evaluations of Policy 10.1.1 of the available services. When these sires develop, the applicant will be required to connect to public service fuilities. The land-use review process wU identify specific service provisions and tequire additional. facilities or • upgrades as appropriate, as well as consider the sensitive lands present Water - City of Tigard Public Works. The City of T"igard's water system has the capacity to provide the minimum State of Oregon water service requirements for the proposed annexation, CACH CREEK AREA ANNEXATION 71 ZCA2006-00002 I according to Public Works Dept Project Engineer Rob Murchison. Murchison's review concluded that the parcels developed to the most intense use allowed will not significantly reduce the level of services available to developed and undeveloped land within the City of Tigard Attachment A indildes Murchison's Aug. 16, 2006, memo and a map of water serviceability to the annexation area that identifies area water lines.. Murchison's memo also-notes that the proposed development . (Brentwood) may requite upatznng and a 8" connection to the existing system; again, that application is a separate land use decision with its own set of review criteria and will not be addressed in this report The land-use. review process will identify specific service provisions and require additional EuLties or upgrades as appropriate based on the specific development proposal. Tigard City Engineer Gas Duenas fiuther confirms that the City has adequate, capacity ("Memorandum," Attachment B) and states that "the City has the, abil'nty and opacity to determine - - what specific improvements may be needed and the ability and capacity to provide service thntough-- its existing -system an any additional 0_=e . that will be required when development occurs." Seaver Clean Water Services/City of Tigard.. Tigard City Engineer Gus Duenas ("`Memorandum," AttadI meat B) reviewed the proposal and provided the following comments. "Sanitary sewer service is provided at the retz1 level by the City and at the wholesale level by Clean Water .Services (CWS). As to the opacity of the City's system, the City is capable of providing retail level suer service without significant reduction in the level of services provided to developed mad undeveloped properties in the City. As with the water system, some local lines wa • be-regiured to be provided by the developer at the time of the development The City is prepared to accept, operate and maintain public sewers constructed within the annexed area. Sewer service on be extended from CWS facilities in Menlor Lane and 154 Avenue looted north of-thee site. The City is capable of determining what additional facilities will be required and-of administering all portions of the retail sanitary sewer system, both existing and future additions in the area to be annexed, without significant reduction in the level of services provided to properties in the City." Drainage. - Clean Water Services/City of Tigard. Tigard City Engineer Gus Duenas ("Memorandum," Attachment B) reviewed the proposal and provided the following comments: "Storm drainage service, hire sanitary sewer service, is provided jointly by the City and CWS.. Site specific drainage faolities will be required at the time of development and will be developed and constructed in accordance with City standards. The retain system as the opacity to provide adequate storm -drainage without significant reduction: in the level of services provided to developed and undeveloped properties in the City." Streets - City of Tigard Capital Construction & Transportation Division. The City's Transportation System Plan (MP) standards apply. The proposed annexation temtory is located adjacent to Sunrise Lane, which is designated a neighborhood route in the City's Transportation System Plan (TSP). In addition, the southernmost portion of the proposed annexation territory (WCTM 2S108AB01201) fronts direcdy on SW Bull Mountain Road, which the City's TSP designates as a collector. Additional roads to serve the proposed annexation territory.indude 150' Avenue, Roshak Road, 154` Avenue, and other surrounding streets. Tigard City Engineer Gus Dumas ("Memorandum," Attachment B) reviewed the annexation proposal and concluded that • some improvements to these streets may be required as part of"the development of the annexed area, including extension of existing streets into the area. However, Duenas deteunined that the CACH CREEK AREA ANNEXATION 72 ZCA2006-00002 City can provide services to this site, and "doing so will not significandy reduce the level of services to developed and undeveloped land within the City of Tigard" Police - City of Tigard Police Department The City of 'riigard's Police Department has reviewed the annexation proposal and stated that the proposed annexation would not impede current levels of service to existing developed and undeveloped areas in the City of Tigard If the area is annexed, T"tgard Police can provide adequate services to the proposed area. (Attachment Q. Fire - Tualatin Valley Fire and. Rescue (TVF&R). Tualatin Valley Fire acid Rescue (IVF&R) already serves the proposed annexation territory. Additionally, TVF&R reviews all subdivision development proposals and annexation. proposals for'-the City of Tigard and would provide id&ti onal comments at that time. _ Based upon this review staff finds that all public services (as defined by the Comprehensive Plan) are available to the proposed annexation territory and all public services have sufficient capacity tD provide service to the proposed annexation tettirory Z The- applicable Comprehensive Plan policies and implementing ordinance provisions have been satisfied, Three Comprehensive Plan policies apply to proposed a*+nPxafwu: 2.1.1, 10.1.1 aad'10.12. Staff • has determined that the proposal has satisfied the applicable Comprehensive Plan policies based on the following findings: Policy 2 tt- Citizen Involvement The City, shall maintain an ongoing citizen involvement program and shall assure that citizens will be provided an opportunity to be involved in all phases of the planning process. The City maintains an ongoing citizen involvement program. To assure citizens will be provided an opport pity to be involved in all phases of the planning process, the City provides notice for Type IV land-use applications. The City posted, mailed and published notice of the public hearing IS follows. The City posted the hearing notice at four public places on, August 11, 2006: Tigard Library, Tigard City Hall, Tigard Permit Center,. and in Ehe general. vicinity of the proposed teaito:y on SW Sunrise Lane and on- SW Bull Mountain Road near SW Rosbalc Road. The City published notice of the heating in The Tigard Tmalalirt Sberurood Trmrs for two successive weeks .(September 7, 2006 and September 14, 2006) prior to the September 26, 2006, public hearing. The City also mailed notice to all interested parties and surrounding property owners within 500 feet oa August 7, 2006. Ia addition, the City maintains a list of interested parties organized by geography. Notice was .mailed t0 interested parties in the West area on August 7, 2006, which includes former Citizen Involvement Team contacts and CPO 4B, the citizen participation. organization for the area_.Staff finds that this policy is met Policy 10.U Urbanization. Prior to the annexation of land to the City of Tigard, a) the City shall review each of the following services as to adequate capacity, or sdch services to be made available, to serve the parcel if developed to the most intense- use allowed, and will not significantly reduce -the level of services available to developed and undeveloped land within the City of Tigard: L Water, 2. Sewer, 3. Drainage;"4.-Stteets; S. Police; and 6. Fite Protection. As addressed under 18.320.020 above, adequate service is available to the proposed annexation CACH CREEK AREA ANNEXATION 73 ZCA20Q6-MM2 waitory. Upon annexation, the proposed territory will be zoned R-7, a medium-density single- family residential zone with a minimum residential lot size of 5,000 square feet. The privately owned properties have an estimated maximum density of 63 units (not 4k ng into account sensitive lands)' If they develop,. the developer(s) will be required to connect the properties to public service facilities, such as sewer, storm drainage and water, and provide the necessary street improvements. Based on comments from City of Tigard stall; there is adequate capacity to-seme the annexation area (water, sewei, drainage, streets, police, fire protection) if developed to the most intense use aIlowed, .and it will not significantly reduce the level of services available to developed and undeveloped l2ndwiitbin the City of Tigard. The City of Tigard department of Public Works has reviewed the annexation proposal and states that the City's water system can provide the minimum State of Oregon water service requirements N I E Works, states that n t; ma~mnm permitted- water is available in quantity and quality and has not indicated that there would be a reduction in its capacity to provide water -t o the proposed affieaation teaitory or reduce the level of service to the _ entire City. The Police Department reviewed the proposal and has no objections. The Enginel Department reviewed the proposal and has no objections. Zhe-FAIgineering Department confirmed that sewer service, storm drainage andstrect access ate available to the site- Tualatin.Valley Fite and Rescue (IW&P,). the current provider to the proposed t enittory, did not raise any objections. Staff concludes that there is adequate capacity to serve the protwsed jadto-a (Water, sewm drainagee streets. po~ fire pmtection~ if developed to the most intense use allowed and wU not gZq!ficmd reduce the level of services available to developed and . undeveloped land within the City of 1igard b) if requited by as adopted capital improvements program ordinance, the applicant sh-A sign and record-with Washington County a nonretnonstrance agreement rega.tding the hollowing: L. The formation of a local improvement district (L.LD) for any of the following services that could be provided through such a district The extension or improvement of the following. a) Water, b)' Sewer, c) Drainage, and d) Streets. 2. The formation of a special district for any of the above services or the inclusion ofthe property into a special service district for any of the above services. This criterion does not apply- No capital improvements program requires a nonremonstrance agreement for this area. Some urban services are already available for. the proposed annexation teaitory; others are available nearby and would require connections from the proposed annexation area- However, these public facility requirements will be assigned as part of any subdivision review when an application is submitted. c) The City shall provide urban services to areas within the Tigard Urban Planning Area or within the Urban Growth Boundary upon annexation. The Tigard Urban Planning Area (as defined in the Washington Corauy - Tigard Ulan PlanningAna Agreement (UPAA- Quly 2006); see Attachment D of application submittal) includes the proposed annexation territory. The City is the designated urban services provider for the services defined in the Tigard Urban Service Agreement (TUBA) (2002) and subsequent operating agreements: police; parks, recreation and open space; roads and streets; sanitary sewer and storm water (through an operating agreement with Clean Water Services); and water service. Upon annexation, those services will be provided according to the City's current policies. Staff finds that this policy is met t Maximum day was Ml t, ited using fosmula.provided in Code Cbaptes 18.715. _ CACH CREEK AREA ANNEXATION 74 ZCA2006-00002 • Policy 10.1.2: Urbanization- Approval of proposed annexations of land by the City shall be based on findings with respect to the Wowing. a) The annexation eliminates an existing "pocket" or "island"- of unincorporated territory; or, b) The annexation will not.cmate an irregular boundary that makes it difficult for the police in an emergency situation to determine whether the parcel is within or outside the Cdty; c) The Police Department has commented upon the annexation; d) the land is located within the Tigard Area of Interest and is contiguous. to the City boundary; e) The annexation can be accommodated by the services listed in 1011(a). a) The proposed annexation does not-eliminate an existing pocket or island of unincorporated territory. It does remove portions of an existing pocket ("Dyes'' property) aid would mcorpotate, City-owned had and publicly owned land that provides Tigard residents with public- services. !~~_g~. (•:w~ ti•P~' Af~~ Q 1Q 9 P'rPC ALthP p Mdiwpa_ ~~~F. - ~ • - - /t 1 zoned for tesid tial development The rr rno ;mom acreage consists of land inpub& ownership for public services, including hnd for the public water system and a nxft=1 area, which requite limited services. The City of Tigard Police Department has reviewed the proposed annexation and has no objections The department stated (Auachment C) that "the proposed boundary for d),e annexation does not appear to present any obstacles for emergency response by the police Department" It should also be noted here that the owners of threw adjacent properties on Sunrise Lane have dressed the desire to join this proposed annexation (15180,14625, and 15110 SW Sunrise Lane); the annexation of those additional properties would elmnina to . • additional pockets and create a more regular boundary. However, the current proposal does not include those properties c) As shown in B. above, the City of Tigard Police Department has commented on the annexation. (1) The UPAA Quly 2006) includes the proposed annexation territory within Tigard's Area of interest The proposed annexation territory is contiguous to the City along the site's east boundary and Sunrise Lane. e) Issdy, as section 10.1.1_(x) demonstrated, the annexation can be accommodated-by the following services: water, sewer, drainage; streets; police; and five protection. Therefore staff finds that the proposed annexation meets Policy 10-12. Policy 10.13: Urbanization- Upon annexation of had into the City which carries a Washington County zoning designation, the City of T igard shall assign the city of Tigard zoning district designation which most closely conforms to the county zoning designation. Chapter 18320.020 C of the-Community Development Code provides specifics on this conversion. The proposed annexation territory's Washington County designation is R-6. Table 320.1 wi *~es the conversion of the Couttys plan and zoning designations; R-6 County zoning converts to the City's R 7 zoning. As this is a Zone Change Annexation (LCA) application, upon approval and execution of the proposed annexation, the territory will assume R-7 zoning to conform with the table below. Additionally, the City's Comprehensive Plan designation for medium-density residential will be applied to this area. CACH CREEK AREA ANNEXATION . 75 ZCA2006-04002 TABLE 3201 CONVERSION TABLE FOR COUNTY AND MY PLAN AND Z2M(; DESIGNATIONS Washington Coanty Land Vse qty CtTigard Zoning City orTig" D stActsRlanDesignatioa Pa Plan 85 Res 5 UniWacre KA-5 SFR 7500 sq. 1£ 1AIN deasidy 1-5 oar2rlacre H-6 Res 6 emitshere 8 7 SFR 5,000 sq. 8 Med &af"y 6-12 amit0aw= lt 9 Bes 9 units/arse R-12 Mahi-firmly 12 caits'aae Med dmsitp 612 ~m /me X-1.2 41m 12 amitshae R-12 Multi Emily 12 rardriaee 1<(ed density 6 12 y R 15 Res 15 aaitslaere R-25. Mu ti- =4 25 %miWacre Viefimm4digb dam* 2 25 nakdacle A-24 Res 24 amts~acret it-LS Matti-Smily 25 aaiWacre ]dedima I is density 13 75 anissh O&ee Commacaal C-P Commeidal Ptofessioaol CP Commr rcw Proftssiooal KC Ne4&odood Commercial t~I Nei~r6o~ood Cammetcial CSI NeirMbmhood Commercial - cBD Coa®ettiat Business CBD Commercial Bnsinen CSD Commtereial Baines Distsiux Dis4ict District GC General Commercial CG Geoaal Camasamial CCs General Com merdal MQ7ladas&ial I L Iietrt dal lo~iaia Chapter 18320.020 C. Assignment of comprehensive plan and zoning designations. The comprehensive plan-designation and the zoning designation placed on the property shall be the City's zoning district which most closely implements the City's or. County's comprehensive plan map designation. The assignment of these designations shall occur automatically and concurrently with the annexation. In the case of land which carries County designations, the City shall convert -the County's comprehensive plan-map and zoning designations to the City designations which are due most similar. A zone change is required if the applicant requests a comprehensive plan map and/or zoning map designation other than the existing designations. (See Chapter 18380). A request fora zone change can be processed concurrently with an annexation application or after the annexation has been approved. As the previous section demonstrated, the City of Tigard R-7 zoning district is the most similar to Washington County's R-6 zoning district The proposed territory is currently R-6 and wM automatically become R-7 upon annexation. This zone conversion will occur concurrently with the annexation process. There have been no requests for zoning other than R-7. City of Tigard Community Development Code 2. Chanter 18390.060: Type IV Pioceduse Annexations are processed by means of a Type IV procedure, as governed by Chapter 18390 of the Community Development Code (I'ifle 18) using standards of approval contained in 18390.020(B), which we=e addressed in the previous section. Chapter 18390 requires City Council to hold a hearing on an annexation It also requires the City to provide notice at least 10 days prior to the hearing by mail and to publish newspaper notice; the City mailed notice on August 7, 2006, and published public notice in The Tigard Tualatin Sheiwood Timm for two successive weeks (September 7, 2006, and September 14, 2006,) prior to the September 26, 2006, public hearing. CACH. CREEK AREA ANNEXATION ZCA2006-00002 76 Additionally, Chapter 18390.060 sets forth five decision-making considerations hoc a Type IV decision: L The Statewide Planning Goals and Guidelines adopted under Oregon Revised Statutes Chapter 197; The City's Comprehensive Plan has been acknowledged by the Land Conservation and Development Commission to be in compliance with state planning goals. As reviewed above, the annexation- proposal meets the existing Comprehensive Plan policies and therefore is in compliance with state planning goals. 2 Any federal or state statutes or regulations found applicable; ORS 222: State law (ORa 222120(4)(6), ORS 222.125, ORS 222170(1) and (2)) allows for a city to annex contiguous tetrrto when owners of land inure nz rnposedAe dmq tra be aanczcd w b~- . of the dty. QRS 222120 requires the city to hold i public hearing before its legislative body (City Counci ) and provide public notice to be published once each Week for two successive weeks prior to the day of the hearing, in a newspaper of general circulation in the city, and.shall cause notices of the hearing to be posted m four public places in the city for a Like period. The property owners (or their representatives) of all 11 parcels have submitted signed petitions for annexation to the City_ The proposed annexation territory is contiguous to the City along the site's east boundary and Sunrise Lana The city published public notice in The Tigard Tualatin Sbnueod Toner for two successive weeks (September 7, 2006, and September 14, 2006) prior to the September 26, 2006, public hearing-and posted the healing notice at four public places on August 11, 2006: Tigard Library, Tigard City Hall, Tigard Permit Center, and in the general vidnitp of the proposed territory. Staff fords that the provisions of ORS 222 have been met - - 3. Any applicable Mffi-MO regulations; Chapter 3.09 of the Metro Code (Local Government Boundary Changes) includes standards to be addressed in annexation decisions, in addition to local and state review standards. Note that the report is available 15 days before the heating (September 11, 2006, for an September 26, 2006, hearing). Staff has determined that the applicable MEMO regulations (Metro Code 309 040(6) 8c d)) have been met based on the folby ring findn~QS Metro 3.09.040 (61 (b) Not later than 15 daps prior to the date set for a change decision, the approving entity shall make available to- the public a report that addresses the criteria in subsections (d) and (g) below, and that includes at a minimum the following. (1) The extent to which urban services presently are available to serve the affected territory including an extra territorial extensions of service; . As addressed previously in this report, urban services are available to the affected territory (2) A description of how the proposed boundary change complies with any urban service provider agreements adopted pursuant to ORS 198.065 between the affected entity and all necessary parties; As addressed previously in this'report, the annexation proposal complies with all applicable provisions of urban service provider agreements, UPAA (2006); and TUSA (2002). CACH CREEK ARF A ANNEXATION 77 ZCA2006-W2 (3) A description of how the proposed boundary change is consistent with the comprehensive land use plans, public facility plans, regional framework and firnctional plans, regional urban growth goals and objectives, urban planning agreements and similar agreements of the affected entity and of all necessary parties; As addressed previously in this report, the annexation proposal complies with all applicable policies of the City of Tigard Comprehensive Plan and urban service provider ?greeb3ents -(UPAA (2006) and TUSA (2002). The proposed annexation territory is within the Urban. Growth Boundary and subject to the Regional Framework Plan and Urban Growth Management Functional Plan provisions. There are no specific applicable standards or criteria for boundary changes in the Regional Framework Plan or the Urban Growth Management Functional Plan- However, the City's Comprehensive Plan and Development Code have been amended to comply, with Metro functional pbu requirements. By complying with the Development Code and "r r,rAencive Plan, the annexation is consistent with the Functional Plan and-the Regional Framework Plan. (4) Whether the proposed boundary change will result in the withdrawal of the affected territory from the legal boundary of any necessary party; and The proposed territory will remain within Washington County but will be required to be withdrawn from the boundary of the Tigard Water District, the Washington County Fn anced Sheriffs Patrol District, Washington County Urban Roads Maintenance Distract, Washington County Street Lighting District #i, and the Washington County Vector Control Distsxu upon • completion of the annexation. (5) The proposed effective date of the decision. The public hearing will take place September 26, 2006. If the Council adopts : findings to approve ZCA2006-00002, the effective date of the annexation will be October 26, 2006. Metro Code 3.09.040 (d) (d) An approving entity's final decision on a boundary change shall include findings and conclusions addressing the following criteria: 1. Consistency with directly applicable provisions in an urban service provider agreement or annexation plan adopted pursuant to ORS 195_065; As addressed previously in this application, the annexation proposal complies with all applicable provisions of urban service provider agreements (UPAA (7006) and the ?USA (2002)). The TUSA includes the proposed annexation territory. The agreement states that the County and City will be supportive of annexations to the City, and the City shall endeavor to annex the Bun Mountain area in the near to mid-tern (by 2005-2007, as projected in the NSA). The proposed annexation is in the Bull Mountain Area and is contiguous to city limits. Therefore. the proposed annexation is consistent with these agreements. Z Consistency with directly applicable provisions of urban planning or other agreements, other than agreements adopted pursuant to ORS 195.065, between the affected entity and a necessary party" The UPAA (2006) includes the proposed annexation territory. The City has followed all processing and notice requirements in the UPAA, providing Washington County with 45-day notice prior to the public hearing. The tgreement states that "so that all properties within the Tigard Urban Service Area will be served by the City, the County and City will be supportive of annexations to CACH CREEK AREA ANNEXATION 78 ZCA2006-00002 • t the City." The City also provided notice to the affected CPO (CPO 4B) per the agreement The annexation proposal is consistent with this azeement 3. Consistency with specific directly applicable standards or criteria for boundary changes contained in comprehensive land use plans and public facility plans; As previously stated in this report, this proposal meets all applicable City'of Tigard Comprehensive Plan -pmvis ons. This criterion is satisfied 4. Consistency with specific directly applicable standards or criteria &t boundary changes contained in the Regional Framewodc Plan oc. any functional plan; Tbis criterion was addressed under Metro Code 3.09.040(b). By complying with the City of T` d - - mm an mp annexation is consistent with the Functional Plan and the Rcgioaal Framework Plan. S. Whether the proposed change will promote or not interfere with the timely, orderly and economic provisions of public facilities and services; The proposed annexation vM not interfere with the provisiott of public f zilitiies or services because itis consistent with the terms of the TUSA (2002), which ensures the timely, orderly, and efficicat extension of public faaTifies and urban service ; it is contiguous to existing city limits and scuvi+ces; and lastly, urban services are avanaable to the proposed annexation territory and have not been found to sign ficantiy reduce existing service levels. 6. The territory lies within the Urban Growth Boundaty, and The proposed territory is within Metro's Urban Growth Boundary. 7. Consistency with other applicable criteria for the boundary change in question under state and local law. In previous sections, this report reviewed the proposers consistency with othier applicable criteria and found it to be consistent (Tigard CDC 19390.060) 4. Any applicable comprehensive plan policies; and As demonstrated in previous sections of this report, the proposed annexation is consistent with, and meets, all applicable comprehensive plan policies. S. Any applicable provisions of the City's implementing ordinances. There are no specific implementing ordinances that apply to this proposed annexation. Chapter 18 of the City Code will apply to development of the property. SECTION VII.. OTHER STAFF COMMENTS The City of Tigard Public Works, Engineeting'and Police Departments have reviewed the -proposal and have no objections to it and have not indicated that the proposed annexation would reduce their capacity .CACH CREEK AREA ANNEXATION 79 ZCA2006-00O 2 _ ......,w to provide services to the proposed annexation territory or reduce the level of City services. Full comments are provided in the attacbments listed below. Attachment A: "Memorandum," from Rob Murchison, Public Worgs Dept. Project Engineer Attachment B: "Memorandum," from Gus Dumas, Engineering Division Attachment C: E-mail from Jim Wolff Tigard -Police Department SECTION VIII_ AGENCY COMMENTS Tualatin Vitky Fire and Rescue has reviewed the annexation ptoposal and has no objections, comments or conditions. 7A zooms. ARID Eng DATE Assistant Planner REVIEWED BY Aya& Coffee DATE Community Development Director CACH CREEK AREA Al NF A lON 80 ZCA2006-00002 ADDENDUM 1 MEMORANDUM q TO: Mayor Dirksen, City. Council CO Craig Prosser, Tom Coffee, Dick Bewersdorff FROM: Emily Eng RE: ZCA2006-00002 Cacti Creek Area Annexation DATE. October 5 2006 This memo identifies changes to the Cach Creek Area Annexation Proposal On September 25, 2006, applicant JohnNoffz of Sun Ridge Builders, withdrew the Brentwood Estates property (Washington County Tag Map 2S108AB, Tag Lots 1200 and 1201), changing the original proposaL In addition, one tax lot number (2S10513C, Tax Lot 100) bas been removed because it doesn't exist and was incoaectly shown on the tax map. City Council held a public hearing for the annexation on September 26, 2006 and decided to continue the hearing on October 10, 2006 and leave the record open for additional information and . public comment The supplemental exhibits below have been attached to this memo: Supplemental Exhibit A: Supplemental Findings in Support of the Cach Creek Area Annexation Supplemental Exhibit B: Additional Information and Public Comments Submitted to the Record Supplemental Exhibit C: Assessed Value of Properties to be Annexed The following changes apply to the Staff Report a 1 • Sun Ridge Builders should be removed as an applicant and owner. • Under proposal, "Eleven (11) parcels" should be changed to "Eight (8) parcels." Total acreage should be changed from 40.93 acres to 35.78 acres. (At the hearing, I estimated that the total revised acreage was 34.82, but after re-surveying the site, it is 35.78 ) • Under location, the withdrawn parcels (Washington County Tax Map 2S108AB,.Tax Lots 1200 and 1201) should be deleted. In addition, Washington County Tag Map 2S1105DC, Tax Lot 100 should be deleted. These were included as a result of a tax map error.- • Under current zoning designation, the County designation R-15 should be added because two of the City-owned properties are zoned R-15.. • Under equivalent zoning designation, the City designation R-25 should be added because that is the zone that most closely refects the County R-15 designation. 81 Page 2 • Second paragraph from the bottom, the three sentences regarding the two Brentwood parcels should be deleted. Egge • Third paragraph from the bottom, maximum density of the privately-owned property should be calculated based on a total of 3.03 acres instead of 9.14 awes. Therefore, the estimated maximum residential units is approximately 21 and not 63, not taking into account sensitive lands. P e • First paragraph, concerning Public Works' comments on water, the sentence regarding the Brentwood parcels should be deleted • Last paragraph, third sentence from top should be deleted because it relates to the Brentwood parcels. Concerning roads that serve the Proposed annexation territory in the next sentence, "Roshak Road" should be deleted because it relates to the Brentwood parcels. Page 6 • First paragraph, second full sentence, the estimated density should be residential 21 units for the privately-owned property and not 63 units. • First paragraph, last sentence states, "Based on comments from City of Tigard staff, there is adequate capacity to serve the annexation arca (water, sewer, drainage, streets, police, fire protection) if developed to the most intense use allowed, and it will not significantly reduce the level of services av2t36ble to developed and undeveloped land within the City of Tigard" City staff reviewed the proposal when the estimated maximum density was 63 acres; therefore, because the maximum density is now 21 residential units, the City's assessment of adequate capacity overestimates the burden of the annexation on City services. In either case, whether 63 or 21 units, the City has adequate capacity to serve the proposed annexation territory. • Second paragraph from top states, 'The City of Tigard department of Public Works has reviewed the annexation proposal and states that the City's water system can provide the minimum State of Oregon water service requirements for the proposed territory based on the maximum density permitted" The maximum density referred to was 63 units; however, it is now 21. P e7 • In response "b," the privately owned acreage should be changed from 9.14 acres to 3.03. • Bottom paragraph should be deleted and replaced with "Upon approval and execution of the proposed annexation, the territory will assume zoning to conform- to the table below. In addition, the City's Comprehensive Plan designation will be applied to this area." Page 8 • Response to "C" should be deleted and replaced with "Six parcels in the proposed territory are currently zoned Washington County R-6 and two parcels are zoned Washington County R-15. Upon annexation, the six parcels will automatically become City of Tigard R-7 and the two parcels will become City of Tigard R-25." 82 • Under the response to #2, "property owners of all 11 parcels" should be changed to "property owners of all 8 parcels." Page 10 • The response to #5 states, "Me public hearing will take place September 26, 2006. If the Council adopts findings to approve ZCA2006-00002, the effective date of the annexation will be October 26, 2006." However, the public hearing is being ' continued on October 10, 2006. If the Council adopts the ordinance approving._ ZC A2006-00002, the-effective date of the annexation would be November 10, 2006. 83 Supplemental EXHIBIT A SUPPLEMENTAL FINDINGS IN SUPPORT OF THE CACH CREEK AREA ANNEXATION 1. The City Council held a duly noticed public hearing on September 26, 2006, consistent with ORS 222.120, to consider this annexation proposal. The City allowed written comments concerning the proposed annexation to be submitted before, during and for- a period of seven days after the hearing. The Council also received oral comments at the hearing. 2. The notice of the hearing proposed annexation of property owned by the City of Tigard, the Tigard Water District, the Trust for Public Land, Brentwood Homes, and Jon Dyer. The Tnut.for Public Lands and Brentwood Homes have indicated that they no longer wish their property to be included in the proposed annexation. City staff has proposed that the annexatrion indude only those FLOPCLties owned by the eity of Tigard~ &m Tigard Water District, and Jon Dyer. The Council agrees that the annexation should be and is limited to the properties owned by the City of Tigard, the Tigard Water District, and Jon Dyer. The legal description and a map of the properties being annexed are included in the ordinance as Exhibits A and B. 3. The City has written consents to annexation signed by a duly authorized official of the City of Tigard and by Jon Dyer. It also has a petition for and consent to annexation signed by a duly authorized official of the Intergovernmental Water Board (IWB) that covers the properly owned by the Tigard Water District The IWB consent reflects a vote by the IWB to petition for and consent to the annexation. The Council finds that the intergovernmental Water Board has authority to act for the Tigard Water District and other members of the IWB as to the property proposed for annexation and properly exercised that authority in signing the petition for and consent to annexation. The record includes a letter from King City, a member of the IWB, expressly agreeing with the consent to annexation, and written minutes of the IWB meeting showing the City of Durham's vote in favor of the consent and statements in support of consent by Durham's representative. The minutes show that the Tigard Water District representative abstained from voting and did not oppose the action of the IWB in consenting to the annexation. No one has claimed that the IWB lacked authority to act on behalf of the Tigard Water District 4. Under ORS 222.170(4), property that is publicly owned is not considered when determining the number of owners, the area of land, or assessed valuation unless the owner of the property files a statement consenting to or opposing annexation. Washington County has not submitted to the City a statement consenting to or opposing the annexation, so County roads and rights-of-way that are within the area proposed for annexation are not considered in determining whether the City has sufficient consents. 5. The City has the written consent of all of the owners of property proposed to be included in the annexation. There are no registered voters in the areaproposed for annexation. The City therefore may proceed with annexation without a vote in the territory to be annexed under ORS 222.125 (consent of all the owners and at least 50 percent of voters, 1 84 if any), ORS 222.170(1) (consent of half the owners of half the land with half the assessed value, and ORS 222.170(2) (consent of a majority of the electors and owners of half the property). 6. Even if the'consent for the property owned by the Tigard Water District is not counted, the City has sufficient consents to proceed with the-annexation without an election in the territory to be annexed under both ORS 222:170(1) and 222.170(2). The property. -bwned by the City of Tigard and Jon Dyer totals 21.04 acres, more than half of the total net area of 32.07 acres. The City and Mr. Dyer are two of three owners - more than half of the owners. The total assessed value of the property owned by the City and Mr. Dyer is $970, more than half of $970,, which is the total assessed value of all the total net property value in the area proposed for annexation. Because there are no resident voters in the area, the number of voters does, not need to be considered under ORQ 777 17((7) The City takes official notice of the assessed values for the properties as listed by Washington County. The City notes that the market value for the Tigard Water District property, as established by Washington County, is $1,316,700, which is less than half the total market value of 3,582,850 of all the properties in the area to be annexed. Findings Addressing Comments Received 7. The City received written comments from Karen and John Molloy, Lisa. Hamilton Treick, Richard A. Franke, Michael Orth, and Lawrence R. Derr in opposition to the opposed annexation. The City also received inquiries from other property owners as to the. possibility of including their properties in the annexation. At the September 26, 2006, hearing, Ms. Hamilton Treick and Kinton Fowler testified in opposition to the proposed annexation, and Linda Walsh offered testimony that could be considered critical of the annexation. 8. On August 8, 2006, the Washington County Board of Commissioners called an election on the proposed incorporation of the City of Bull Mountain. The area proposed for annexation is within the area proposed to be included within the proposed City of Bull Mountain. The City has concluded, on advice of its City Attorney, that it cannot process petitions for annexation received after the time the proposed incorporation was referred to the voters. Therefore, it is including in the proposed annexation only properties for which it received a petition for and consent to annexation prior to August 8, 2006 and is not adding any properties to the proposed annexation territory. The City received petitions for annexation for all properties included in the proposed annexation prior to August 8, 2006. Findings Relating To Comments Submitted by Lawrence K Derr 9. Lawrence R. Derr submitted written comments on October 3, 2006, on behalf of Lisa Hamilton-Treick. Mr.-Derr argues that the City cannot proceed with the annexation because the area proposed for annexation is within the area of the proposed City of Bull Mountain. Mr. Derr argues that the "City has taken no actions to initiate this annexation 2 85 that are prior in time to the annexation procedures." The City concludes that the relevant date for-an incorporation proceeding is the date that the County acts to place thematter on the ballot. Landis v.. City of Roseburg, 243 Or 44,411 P2d 282 (1966). The City further concludes that the relevant date for annexations is the date that the petitions are filed with the City. ORS 222.111(2). This annexation was initiated no later than August 4; 2006, when the last of the petitions, that of Mr. Dyer, was received by the City. August 4, 2006, was before August 8, 2006, when the County Board acted, so,the City may proceed with the annexation, not withstanding the actions to incorporate the City of Bull Mountain. 10. Mr. Derr argues. that the annexation is in violation of Metro Code Section 3.09.040(axl) because the City lacks jurisdiction. The City has jurisdiction, based on the filing of the pe ilions*for annexation M- Them r-thPr argues that the City it in •iinlation of Mctw Code Section 3.09.050(3x5) because the annexation is not consistent with the orderly provision of.public facilities and services because it is in competition with the proposed Bull Mountain incorporation. The annexation will provide for the orderly provision of public facilities and services by allowing Tigard services to be provided in the area to be annexed and would also provide for the orderly provision of parks and water services, given that the properties owned by the City of Tigard.and the Tigard Water District are planned to be used for parks and water system purposes. Mr. Derr alleges that the annexation would be contrary to Metro Code 3.09.050(d)(7) because the annexation would be illegal- The annexation would not be illegal. The proposed annexation is - consistent with Metro Code 3.09.040(a)(1), 3.09.050(dx5) and 3.09.050(d)(7). 11. Mr. Den argues that the City failed to provide for "a public hearing necessary to avoid an election under ORS 222.120(2)" The City Council held a public hearing on September 26, 2006, in compliance with the hearing requirement. 12. Mr. Derr argues that some'or all of the petitions did not comply with the requirements of Metro Code 3.09.040. Mr. Derr has not identified anyway in which the petitions failed to comply with Metro Code Section 3.09.040. Furthermore, Metro Code Section 3.09.040 is a section relating to submission requirements, and does not establish approval criteria. The City, by processing the petitions, has accepted that they are sufficient to allow the City to make a decision based on the applicable criteria. 13. Mr. Derr argues that Sunrise Lane is a county road and that the county has neither petitioned for nor consented to the annexation. Under ORS 222.170(4), publicly owned property may be annexed but does not count in the consideration of the sufficiency of the consents unless the public owner consents or objects. The County has not consented or objected, so the area is not counted in determining the sufficiency of the consents, even though it is included in the annexation. 14. Mr. Derr further argues that the annexation is a cherry stem annexation and therefore not justified. Even if this annexation could be considered a cherry stem annexation, cherry stem annexations are not illegal. See Morsman v. City of Madras, 191 Or App 149, 81 3 86 P3d 711 (2003) and cases cited therein. Mr. Derr has not argued that the proposed annexation is unreasonable or provided any factual basis such an argument. The annexation is reasonable because it provides for an extension of the City. boundaries so that City parks and water facilities will be within the City. 15. Mr. Derr states that the City must clarify the status of zoning and applicability of the Bull Mountain Community Plan to the property proposed for annexation. The City's decision does not change the zoning or make the Bull Mountain Community Plan inapplicable to the areas being annexed. Findings Related to Written Comments By Karen and John Molloy 16: September appar in opposition to the annexation because the property is within the area of the proposed City of Bull Mountain. As discussed in the findings related to comments by Lawrence R. Derr, the proposed incorporation of the City of Bull Mountain does not prevent the City from proceeding with this annexation. Findings Related to Written Comments by Michael Orth 17. Micbael Orth submitted a comment on August 13, 2006, opposing the annexation prior to the vote on the incorporation of the City of Bull Mountain. As stated in the previous findings, the City finds.no legal impediment to proceeding with the annexation at this time.' Findings Related to Written Comments Richard A. Franzke 18. Richard A. Franzke submitted written comments dated September 26, 2006. Mr. Franzke argued that the incorporation proceedings were initiated before the City's annexation proceedings. As discussed in Finding No. 9 above, the City has concluded that the City's proceedings have priority. 19. Mr. Franzke argued that the City should respect the will of the citizens who will be affected by its actions. The people who affected by an annexation are the property owners and voters ('if any) in the territory to be annexed. The City has the consent of all property owners within the territory to be annexed and there are no voters in the territory to be annexed. The City has been forced to turn aside property owners who want to annex to. the City because they are within the proposed City of Bull Mountain and did not submit petitions prior to the date the County Board referred the incorporation to the voters: Mr. Franzke suggests that the City's wish to annex these properties is based on the desire to increase tax revenues. The vast majority of the property being annexed (31.79 out of 34.82 gross acres) is publicly owned and not subject to property taxation. Findings Related To Written Comments and Oral Testimony of Lisa Hamilton-Treick 4 87 20. Ms. Hamilton-Treick submitted written comments on September 26, 2006. Ms. Hamilton first argued that Washington County has not consented to the inclusion of the county road. Publicly owned property may be included in an annexation and is not counted in the calculation of consents unless the public owner specifically consents or objects. ORS 222.170(4). The County's lack of consent is relevant to whether the City counts the road in the total property area, but does not otherwise affect the annexation. 21. Ms. Hamilton-Treick argued that the proposed boundary creates islands and an irregular boundary. The Council finds that the boundaries of the City are sufficiently regular to be consistent-with Comprehensive Plan 10.1.2. The regularity standard in the Comprehensive Plan standard is expressly related to whether police will be able to respond in an emergency situation without difficulty. The City Council finds that the fact Jhalthe3mst grity of the p operty beifl inexed w,L be Cit<'y A anti adminigtPrr d means that there will be no difficulties for the police in emergency situations. The only "islands" created are three properties that will be outside Tigard City limits but will be cut off from county, and possibly future City of Bull Mountain, areas only by Sunrise Lane. 22. Ms. Hamilton Treick argued that the proposed boundaries will prevent four property owners from being included in the proposed City of Bull Mountain. Any-property that is not included in the annexation but is included in the boundaries of the proposed City of • Bull Mountain will be included within the City of Bull Mountain if the voters improve incorporation. As to the creation of islands, the City.does not intend to use the island annexation process to annex territory if the island is created only by a road or a narrow strip of property. 23. Ms. Hamilton-Treick questioned the existing zoning designation of the property and the continued application of the Bull Mountain Community Plan.. The property is currently zoned R-7 under the County's adoption of Tigard zoning. The annexation will not change the zoning. The ordinance does not provide that the Brill Mountain Community Plan will cease to be applicable to the property, so it will remain in effect as to the property- 24. Ms. Hamilton Treick asked when the City will provide notice to LCDC of any change in zoning or plan provisions that affect the property. The City will provide notice if and when the zoning or plan provisions are changed. The questions asked by Ms. Hamilton- Treick do not provide any basis for denying the annexation petitions. 25. Ms. Hamilton-Treick argued that the City's record on Goal 5 resource protection is poor. The City Council disagrees with her statement. However, nothing in her argument relates to any applicable standard or criterion.- 26. Ms. Hamilton Treick argued that the City Council did not set a date for the hearing and that an election is therefore required. The statutory requirement is to hold a hearing, and • - the City did hold a bearing. Ms. Hamilton-Treick appeared at the hearing. While ORS - 5 88 222.120(2) does refer to the legislative body fixing the date for a hearing, the City Council has delegated authority to set all agenda items, including hearings, to the City Manager. City Council Groundrules, adopted by Resolution 04-83. The matter was set for hearing by the City Manager, using the authority delegated by the Council 27. Ms. Hamilton-Treick stated that a county commissioner stated that the property should be in the proposed City of Bull Mountain. That statement does not relate to any applicable approval standard or criterion. Ms. Hamilton-Treick further argues that the proposed City of Bull Mountain and the City of Tigard must work. together, presumably on developing.a portion of the City of Tigard property as a regional park. If the City of Bull Mountain is formed, the Tigard City Council anticipates that Tigard and Bull Mountain will work together and cooperate on a wide range of issues. . 28. Ms. Hamilton-Treick asked that the record be kept open for seven days. The City Council granted that request. 29. Ms. Hamilton-Treick argued that the City should put the annexation on hold pending the vote on incorporation- The City can proceed with this annexation because the petitions were received before the incorporation was referred to the voters. 30. Ms. Hamilton-Treick submitted a letter from a deputy legislative counsel to Representative Jerry Krummel. That letter expressly states that the sole purpose of the • letter is to assist members of the legislature and that it is not to be considered or used as legal advice by any other person. The City will not consider the letter or use it'as legal advice. 31. Much of Ms. Hamilton Treick's oral testimony was the same as her written comments. None of the additional statements in her oral testimony addressed any applicable standard or criterion. Findings Related to Oral Testimony of Kinton Fowler 32. Kinton Fowler testified at the Septemer 26, 2006, hearing. He suggested that the City hold off on the annexation until after the November 7 election to avoid a legal dispute and to get the relationship between the City of Tigard and the proposed City of Bull Mountain off to a good start. Mr. Fowler did not argue that the City was legally precluded from going ahead with the annexation. Findings Related to Oral Testimony of Linda Rogers 33. Ms. Rogers questioned the suitability of the property for a park. The proposed park would be a nature park rather than a park with developed athletic fields. Her testimony did not raise any issue. relevant to any applicable standard or criterion. 6 89 G f T and ZCA2006- 00002 EXHIBIT-., Gontao' ~eth St. Amand CACH CREEK AREA ANNEXATION SW Hall Blvd. d, OR 97223 "Notice of Final Order By the City Council" City of Tigard Linda Rogers Contact: Dennis Koellermeier 15585 SW Baker Ln. 13125 SW Hall Blvd. Tigard, Tigard, OR 97223 OR 97224 Ti and Water District Leighton Walsh PO Box 23000 15169 SW Sunrise Lane Tigard, OR 97223 Tigard, OR 97224 Bill Scheiderich Leighton Walsh Tigard Water Board 15165 SW Sunrise Lane 13655 SW Stevens Court Tigard, OR 97224 Tigard, OR 97223 Ton Dyer Michael and Mary Ann Orth PO Box 848 14533 SW Nemarnik Drive Lake Oswego, OR 97304 Tigard, OR 97224 0 Lisa Hamilton-Treick 13546 SW Beef Bend Road Tigard, OR 97224 Richard A. Franzke 14980 SW 133`' Avenue Bull Mountain, OR 97224 Karen and John Molloy 14718 SW Grandview Ln. Tigard, OR 97224 Lawrence R. Derr Josselson, Potter & Roberts Law Offices 425 NW 10`h Avenue, Suite 306 Portland, OR 97209 lomton Fowler 16170 SW Hazeltine Ln. Tigard, OR 97224 90 U.S. Postal Service,. .a CERTIFIED MAIL. RECEIPT n rq (Domestic Mail Only; No Insurance Coverage Provided) Cr 0(FF0CQ US=E M ..D Postage $ o Certified Fee 24 RP! O~9 -Irk (Endor ement RReegwr ~ io O Restricted Delivery Fee -D (Endorsement Required) (7 ~~j~b rU Total Postage 8 Fees $ ,may m p sera To O Tigard WarerDisuict [t U&;;i4 Ai IVi or PO ftx No. PO Box 23000 city smie ZiFW Tigard, OR 97223 PS Form :3800, June 2002 See Reverse for Instructio SENDER: • • COMPLETE THIS SECTION ON DELIVERY ■ Complete items 1, 2, and 3. Also complete Signafb~e item 4 if Restricted Delivery is desired. - 13 Agent ■ Print your name and address on the reverse 76 ❑ Addressee so that we can return the card to you. g Received by (FWrn>ted N ) C. Date of Delivery ■ Attach this card to the back of the mailpiece, _ O or on the front if space permits. 6 delivery different from item 1? ❑ Yes 1. Article Addressed to: If YES, enter delivery address below: ❑ No Tigard Water District PO Box 23000 Tigard, OR 97223 3. jl[ervice Type Certified Mail ❑ Express Mail ❑ Registered ❑ Retum Receipt for Merotrandise ❑ Insured Mali ❑ C.O.D. . 4. Restrict Delivery? (Extra roe) ❑ Yes .2- Article Number 7003 2260 0001 6389 6151 (Transfer from service kibeq Ps Form 3811, February 2004 Domestic Return Receipt 102595-024A-1540 91 U.S. Postal Service,,, cr CERTIFIED MAIL,. RECEIPT (Domestic Only; No Insurance Coverage t1r Fo-r delivery information visit our website at www.usps.corna trl Postage $ / 0 Certified Fee I V AC P C3 Return Receipt Fee O (Endorsement Required) r~ C ( R=c1merdeRequ•Uede) SQ q~~~ ciAr~ \4r 1. a45: E3 Total Postage & Fees $ .11 Seat To O Bill Scheiderich Tigard Water Board or PO Apt No. or POBaxNo, 13655 SW Stevens Court 'i Crry, State, ZfP+4 Tigard, OR 97223 2002 See Reverse for Instructions SENDER: COMPLETE THIS • COMPLETE THISSECTION ON DELIVERY ■ Complete items 1, 2, and 3. Also complete nature item 4 if Restricted Delivery is desired. ent ■ Print your name and address on the reverse X ~ ~ k so that we can return the card to you. B., eceived by ( Printed Na..) C. 1p/ely ■ Attach this card to the back of the mailpiece, a~ or on the front if space permits. 1. Article Addressed to: D. is delivery address different from item t? ❑ Yes If YES, enter delivery address below: O No Bill Scheiderich Tigard Water Board 13655 SW Stevens Court Tigard, OR 97223 3. jFvlce Type Certified Mail ❑ Express Mail ❑ Registered ❑ Return Receipt for Merctmndise ❑ insured man ❑ C.O.O. 4. Restricted Delivery? (Extra Fee) 0 Yes 2, Article Numb". 7006 0 810 O O p 2. 4524 51139 (rrartsfer from service bW . Ps Form 3811, February 2004 Domestic Retum Receipt 1(~s"-bi-11540 92 Postal D-CERTIFIED MAIL,,A-'RECEIPT tr a (Domestic Mail Only; No Insurance Coverage Provided) For delivery Information visit our website at www.usps.coma Er- OFFICdAL USCG M `D Postage S C3 Certified Fee 2 J Z C3 (Endorsemen Retum Redept Fee Q , t Required) ~ ~ O ~N E3 Reshicted Delivery Fee O U. ' ,..D (Endorsement Required) r1J 1a3 4 Total Postage & Fees $ S , ~~*L~ M Q Sent To O sweet Jon Dyer Apt tYo.; • or PO Box No. PO Box 848 Ciiy Stale, ZiP+a Lake Oswego, OR 97304 PS Form 3800, June 2002 See Reverse for Instructio SENDER: • • COMPLETE THIS SEr-TION ON DELIVERY ? ■ Complete items 1, 2, and 3. Also complete Signs G 'item 4 if Restricted Delivery is desired. ❑ Agent ■ Print your name and address on. the reverse ❑ Addressee so that we can return the card to you. B. R ed Name) C. Date of Delivery ■ Attach this card to the back of the mailpiece, or on the front if space permits. ,~L D. Is delivery address 1? ❑ Yes 1. Article Addressed to: If YES, enter del' ad ❑ No o f E• Jon Dyer (P ,o 0 PO BOX 848 3. YCce Type `3 Lake Oswego, OR 9 ~ Mall Registered ❑ Return Receipt for Metdtandeme ❑ Insured MaII ❑ C.O.D. 4. Restricted Delivery? Xxta Fee) ❑ Yes 2Article mr 7003 2260 0001 6389 6199 (Tiartster tram service label) - Ps Form 3811, February 2004 Domestic Return Receipt 102595-024A-1540: 93 Postal (Domestic ru CERTIFIED MAIL. RECEIPT Mail Only; No Insurance Coverage Provided) Ln OFF C•IAL U 8 E Ln Postage $ Certified Fee U Return Receipt Fee ~J E r3 (Endorsement Required) r3 Restricted Delivery Fee ri (Endorsement Required} C0 C:3 Total Postage & Fees r3 Sent To r3 Lisa Hamikon-Treick Iti Sheet, stpi No.; 13546 SW Beef Bend Road or PO Box No. Tigard, OR 97224 City. State. Z/P+4 :00, June 200 N SECTION ON DELIVERY THIS SENOER: • • COMPLETE IN Complete items 1, 2, and 3. Also complete A. ign re item 4 if Restricted Delivery is desired. X:: Mertsd ■ Print your name and address on the reverse so that we can return the card to you. B. Ae~eived by Printed Name) Date ■ Attach this card to the back of the mailpiece, or on the front ff space permits. D. Is delivery address different from it 1. Article Addressed to: If YES, enter delivery address bet F No -A ree6 aO Lisa Hamilton-'Treick 13546 SW Beef Bend Road Tigard, OR 97224 3. SpAce Type Certified Man ❑ Egress Man ❑ Registered ❑ Return Receipt for Mwaiandise ❑ insured man ❑ C.O.D. 4. Restricted D~ (Extra r-) ❑ Yes 2. Article Number 7006 0810 0002 4524 5022 (rransfer from service label) Ps Form 3811, February 20D4 Domestic Retum Receipt toy o2f4d 94 • Postal CERTIFIED MAIL. RECEIPT ~a ,-a (Domestic ~a For delivery information visit our website at www.usps.comD M / .D Postage $ f 0 Certified Fee ) . ~b Q~A M Retum Redept Fee (Endorsemem Required) is r (~st~ °e'a so ' 2S~Oo ~,ti rU rU Total Postage & Fees $ M E-3 Sent To Richard A Franzke f~ Slreee4 ApE No.; or PO Box No. 14980 SW 133 Avenue Bull Mountain, OR 97224 City Slate, Z1P+4 PS Form 3800, June 2002 See Reverse for Instructions • 95 • Postal uI CERTIFIED ra MAIL. RECEIPT (Dornestic Mail Onlk; No Insurance Coverage Provided) Erg I UFFOCPAL US Postage $ Wk 71~ Certified Fee ` f1fi~QtQ C3 Return Receipt Fee a Z+ (Endorsement Required) c 8re m O Restricted Delivery Fee 9J~~o r-4 (Endorsement Required) (v r3 Total Postage & Fees $ 3, `D =TO O r3 n and John Molloy (8 S W Grandview Ln. - d OR 97224 PS Form :00, June 2002 See Reverse for instructions • SENDER: • • • THIS SECTION ON DELIVERY ■ Complete items 1, 2, and 3. Also complete n ure item 4 if Restricted Delivery is desired. ❑ Agent ■ Print your name and address on. the reverse ❑ Addressee so that we can return the card to you. ed by ~Prfnted Narrie) K/ ■ Attach this card to the back of the mailpiece, K/ or on the front if space permits. S' o U15ILs delivery address Jiff from item 1? ❑ Yes 1. Article Addressed to. If YES, enter delivery address below: ❑ No Karen and John Molloy 14718 SW Grandview Ln. Tigard, OR 97224 3. YAce, Type 10 Certified Mail ❑ Express Mail ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Marl ❑ C.O.D. 4. Restricted Delivery? (&ft Fee) ❑ Yes 2 ArWeNumber 7006 0810-0002 4524 5015 (Transfer from service labeo • PS Form 3811, February 2004 Domestic Return Receipt 1102595-02401-115404 96 Postal 1: CERTIFIED MAILT. RECEIPT M (Domestic r For delivery Information visit our. website at vvww.usps.comq ~ SAL U-2 -E m .0 Postage $ AMD dD p Certified Fee ~Q eC { E3 4 Return t Reclept Fee Q~ C3 (Endorsement Required) 5 DeUwry Fee iit (Ev ent Required) '`VQd r J ru Total Postage 8 Fees M C3 Sent To p Lawrence R Derr StreeC Apt No.; osselson, Potter & Roberts Law Offices orPOBoxNo. 425 NW 10'h Avenue, Suite 306 city siaie, aPortland, OR 97209 PS Form 3800, June 2002 See Reverse for Instructions • SENDER: • • COMPLETE SECTION . DELIVERY ■ Complete items 1, 2, and 3. Also complete A. ure item 4 if Restricted Delivery is desired. 13 Agent ■ Print your name and address on the reverse X O Addressee so that we can return the card to you. B. by (Printed Nam C. Date of Delivery ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: D. Is delivery address item 1? O Yes iiftON-M If YES, enter delivery a below. O No Lawrence R Derr Josselson, Potter & Roberts Law Offices 425 NW 10~h Avenue, Suite 306 Portland, OR 97209 3. V(vice Type - CwtiW Mail ❑ Express Mail 0 Registered f7 Return Receipt for Merchandise ❑ tnsrued Mail 0 C.O.D. 4. Restricted DeWery? (Extra Fee) O Yes 2- Article Number 7003 2260 0001 6391 7634 (rMnsfer from service kd* Ps Form 3811, February 2004 Domestic Return Receipt 102595-02401-1540 97 Postal ra (Domestic CERTIFIED MAIL. RECEIPT r~ For delivery information visit our website at vvww.usps.coft o, M -B Postage $ a pR TIG,q C3 Certified Fee O 90 O Retum Fit' Fee 7 (EmlorsemeM Required) 11 R*iere 9 E3 Restricted DoWery Fee fr~r' r -0 (Endorsement Required) p. 20 f~ Total Postage & Fees $ 5~ 3 M c3 Sent To O Kinton Fowler N Srieei, APG nlo:; ---or PO Box Ab. 16170 SW Hazeltine Lm Tigard, OR 97224 Ciry, State, ZlP+4 PS Form 3800, June 2002 - See Reverse for Instructiomr- • • • THIS SECTION ON DELIVERY ■ Complete items 1, 2, and 3. Also complete Signa item 4 if Restricted Delivery is desired. ❑ Agent ■ Print your name and address on the reverse X Addressee so that we can return the card to you. J /p n N ~ C. T " e ■ Attach this card to the back of the,mailpiece, - or on the front if space permits. 1. Article Addressed to: delivery address Arent from item If YES, enter delivery address below Kinto n Fowler 16170 SW Hazeltine Ln. Tigard, OR 97224 3. ce Type =Certified Mail ❑ Express Mail ❑ Registered ❑ Return Receipt for Merchandise ❑ insured Mall ❑ C.O.O. 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. Article Number 7003 2260 0001 6391 7641 (Transfer from service Iabo • PS Form 3811, February 2004 Domestic Return Receipt - 1.0g595=02401.1540 rte," - 98 • Postal CERTIFIED MAIL. RECEIPT rl (Domestic Mail Only; No Insurance Coverage Provided) .A m .0 Postage $ ~ARae o certifredFee . CA) Oq' Return Reciept Fee U C~ n 1 (Endorsement Required) O„ , 4,' O Restricted Delivery Fee b ~'J >i -0 (ErtdotSemen! Requited) t~ ~i ru Total Postage & Fees m r3 Sent To O Linda Rogers SheeeCApi 404 or PO Box No 15585 SW Baker Ln. Tgard, OR 97224 Gry, State, TJRr4 PS Form :00, June 2002 See Reverse for Instructions SENDER: • • • THIS SECTION ON DELIVERY ■ Complete items 1, 2, and 3..Also complete A Signature item 4 if Restricted Delivery is desired. n O Agent ■ Print your name and address on the reverse X ~C O qddm,. so that we can return the card to you. B. Received by (Prfrted ame) C. Date of Delivery ■ Attach this card to the back of the mailpiece, or on the front if space permits. m R r D. Is delivery addibls different from item 1? I] Yes f. Article Addressed to. tf YES, enter delivery address below: O No Linda Rogers 15585 SW Baker Ln. Tigard, OR 97224 3. Type .Avice Certified Mail O Express Mail O Registered O Return Receipt for Merdwrldise O Irmired Mail O C.O.D. 4. Restricted Delivery? (Extra Fee) O Yes 2. Number (Transfer from m seMce label) 7003 2260 0001 6389 6144 . PS Form 3811, February 2004 Domestic Return Receipt tozsss-n tsao 99 U.S. Postal Service,,, u` CERTIFIED MAIL,., RECEIPT a (Domestic For delivery information visit our website at www.usps.coma M .11 Postage a g11Gq~ a Certified Fee (/O 0 Re" -4 ° CE q Here 0 n (RPM Rery= CSC?, C3 W lU ru Total Postage & Fees 1 $ 3 M o sera ro 0 P- sneeL qpt iyu - - Leighron Walsh orPO S=Af . 15169 S W Sunrise Lane te,Zl ------P+4--- : - Cult Sta ward, OR 97224 PS Form :00, June 2002 See Reverse for Instructions SENDER: • • • THIS SECTION ON DELIVERY ■ Complete items 1, 2, and 3. Also complete A. Signature item 4 if Restricted Delivery is desired. ~Bwv 0 Agent ■ Print your name and address on the reverse X j±:, 0 Addressee so that we can return the card to you. B. Received by (Printed Name) C. Date of Delivery i ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: D. is delivery address different from item 1? 0 Yes If YES, enter delivery address below: 0 No I f Leighton Walsh j 15169 SW Sunrise Lane Tigard, OR 97224 3. Wifice Type j certified mail 0 Express Man I D Registered 0 Return Receipt for Merchandise 1 O insured ma 0 c.O.D. 4. Restricted Delivery? (Extra Fee) Q Yes , { 2. Article Number ) 7003 2260 0001-6389-6175 (Transfer from seMce IabeQ , t Ps Form 3811, February 2004 Domestic Retum Receipt t02ss5-024+1-1540 100 Postal CERTIFIED MAIL. RECEIPT cc (Domestic r-i n For delivery information visit our website at www.usps.com~) OFFICIAL U m `D Postage S J . ~i3AR,p O certified Fee O ReOrm RedepiFee i Z Cp GS (Fndorsemm+t Required) G Fee -D (E nt Required) Wit` ~UD~QGJ ru Total Postage & Fees j$ m Cl Sera To Leighton Walsh orPOSaNo. 15165 SW Sunrise Lane SAS state - Tigard, OR 97224 - - PS Form • :06, June 200 4 Ake* SENDER: • THIS SECTION COMPLETE THIS SECTION ON DELIVER V ■ Complete items 1, 2, and 3. Also complete A. Signature i' item 4 if Restricted Delivery Is desired. ' [3 Agee I ■ .print your name and, address on the reverse X '~m UA04~ ❑ Addressee . so that we can return the card to you. B. Received by (PH Date of Delivery I ■ Attach this card to the back of the mailpiece, C = O or on the front it space permits. 1. Article Addressed to: D. Is delivery ad trt~rn item ❑ Yes if YES, enter 7ry d reV belo;E? No Leighton Walsh 6j I i`s4fr5 SW Sunrise Lane 6 cw~ OR 97224 y 3. Type Certified Mail ❑ Express Mall j Registered 0 Return Receipt for Merchandise 0 insured Mail 0 C.O.D. I 4. Restricted Delivery? (Extra Fee) '0 Yes t - 2. A cle Number I (Transfer Bom service fawn ?003 2 26 0 0001 6389 6182 i PS Form 3811, February 2004 Domestic Return Receipt VRQ- ~?'4x 101 U.S. Postal Service-r. N (Domestic CERTIFIED MAIL. RECEIPT co: Only; No Insurance Coverage Provided) For delivery information visit our website at www.usps.coma Postage $ C3 1 ~ Certified Fee U C3 C3 Return Receipt Fee (Endorsement Required) Q 1't t ~ k Restricted Defnreru Fee ~ (Endorsement Required) 1 ) C3 Total Postage & Fees $ 2 Ob % 3 Sent To C3 Michael and Mary Ann Orth r%- S'veet api ; 14533 SW Nernamik Drive orPOBoxNo . Tigard OR 97224 City, State. ZIP+4 PS Form 3800, June 2002 See Reverse for Instructions SENDER: • • • THIS SECTION ON DELIVERY ■ Complete items 1, 2, and 3. Also complete A. Signature item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse ❑ d so that we can return the card to you. B. Received Pd"~ N. C. Date ■ Attach this card to the back of the mailpiece, c4fN cNaa .nom or on the front if space permits. D. Is deliv different item 1? ❑ Y 1. Article Addressed to: ff YES. enter delivery add ❑ kvao- Michael and Mary Ann Orth 14533 SW Nemarrtik Drive Tigard, OR 97224 3. Type p Certified Mail ❑ Express Mail ❑ Registered ❑ Return Receipt for Merchandise ❑ Irmffed Mail ❑ C.OD. 4. Restricted Defivery? (Extra Fee) ❑ Ye 2. Article Number _ (Gansfer from service rabeJJ 7006 0 810 0002 4524 9 8 7 7 Ps Form 3811, February 2004 Domestic Return Receipt 102595-024A-1540 102 Patty Lunsford - RE: Cach Creek Area Annexation (ZCA2006-00002) Page 1 From: "SUNDERMAN Carolyn M" <Carolyn.M.Sunderman@state.or.us> To: "Patty Lunsford" <PATTY@tigard-or.gov> Date: Wednesday, October 18, 2006 8:25:02 AM Subject: RE: Cach Creek Area Annexation (ZCA2006-00002) Patty, I've replaced the letter with the one you sent by email. Yes, I'll start emailing you a copy of the notices. Carolyn Sunderman Cartographic Program Specialist 503-945-8882 FAX 503-945-8737 carolyn.m.sunderman@state.or.us -----Original Message----- From: Patty Lunsford [ma i Ito: PATTY@tigard-or.gov] Sent: Tuesday, October 17, 2006 11:33 AM To: SUNDERMAN Carolyn M Subject: Cach Creek Area Annexation (ZCA2006-00002) Dear Carolyn, Yesterday I sent you via certified mail, the final annexation documents for the City of Tigard Cach Creek Area Annexation (ZCA2006-00002), Department of Revenue # DOR 34-P377-2006. You should receive this email prior to receiving the annexation documents so please replace the attached corrected letter with the one I sent you yesterday as this letter reflects the correct property owners (the City of Tigard) for tax lots 2S105DC, 00300 and 2S105DC, 00400. Also, when you send out your notice to taxing districts will you also email me a copy for my file? I appreciate your assistance and look forward to hearing from you. Sincerely, Patricia Lunsford, Planning Secretary City of Tigard, Oregon 13125 SW Hall Boulevard Tigard, OR 97223 (503) 639-4171, ext. 2438 patty@tigard-or.gov 103 • October 17, 2006 CITY OF TIGARD Carolyn Sunderman Oregon Department of Revenue OREGON Cartographic Unit PO Box 14380 Salem, OR 97309-5075 Dear Ms. Sunderman: The following information -is enclosed with this letter in regard to property recently annexed into the City of Tigard: City File No./Name: ZCA2006-00002/Cach Creek Area Annexation ♦ 1 Certified as Original Copy of Ordinance No. 2006-15. ♦ 1 copy of the Legal Description ~o~f_-th~e Subject Pro erty (pre-approved by the Department of Revenue # DOR 341t 006). ♦ 1 copy of the Assessor's or Vicinity Map of thect Property delineated in red. Additional information on the subject properties: Map/Tax Lot Number. 2S105DB, 00400 Property Address: 13425 SW 154' Avenue Property Owner Name/Mailing Information: Tigard Water District 8777 SW Burnham Street PO Box 23000 Tigard, OR 97223 Map/Tax Lot Number. 2S105DB, 006100 Property Address: 13230 SW 154`h Avenue PLo erty Owner Name/Mailing Information: City of Tigard 13125 SW Hall Blvd. Tigard, OR 97223 Map/Tax Lot Number. 2S105DB, 006200 Property Address: No site address Property Owner Name/Mailing Information: City of Tigard 13125 SW Hall Blvd. Tigard, OR 97223 • 13125 SW Hail Blvd., Tigard, OR 97223 (503) 639-4171 TDD (503) 684-2772 age of 2 104 • Map/Tax Lot Number. 2S105DC, 00201 Property Address: No site address Proper Owner Name/Mailing Information: City of Tigard 13125 SW Hall Blvd. Tigard, OR 97223 Map/Tax Lot Number. 2S10513C, 00300 Property Address: No site address Propeny Owner Name/Mailing Information: Incorrect: Correct: Cityof Tigard By Lisa e ~,.a L. r..e Q T-°: 13125 SW Hall Blvd. 6993 41h Aven . ueNE Tigard, OR 97223 Sew4e, WA 98145 Map/Tax Lot Number. 2S105DC, 00400 Property Address: 15160 SW Sunrise Lane Property Owner Name/Mailing Information: Incorrect: Correct: Cityof Tigard By Lisa e Lr,,a L. Ga.eh r^ -r..._ 13125 SW Hall Blvd. 6003 4", Avenue NE Tigard, OR 97223 Seattle, VA 9814-5 Map/Tax Lot Number. 2S105DD, 00200 Property Address: No site address Property Owner Name/Mailing Information: Jon E. Dyer PO Box 848 Lake Oswego, OR 97034 Map/Tax Lot Number. 2S105DD, 00300 Property Address: No site address Property Owner Name/Mailing Information: Jon E. Dyer PO Box 848 Lake Oswego, OR 97034 If u have'any tions or need further information, please call ErndyEng or me at 11 5 -639- 71. atty L ord Senior Administrative specialist • c: ZCA2006-00002 Land use file Page 2 of 2 105 • October 16, 2006 CITY OF TIGARD Carolyn Sunderman OREGON Oregon Department of Revenue Cartographic Unit PO Box 14380 Salem, OR 97309-5075 Dear Ms. Sunderman: The "following information is enclosed with this letter in regard to property recently annexed into the Qty of Tigard: City File No./Name: - ZCA2006-00002/Cach Creek Area Annexation ♦ 1 Certified as Original Copy of Ordinance No. 2006-15. ♦ 1 copy of the Legal Description of the Subject Property (pre-approved by the Department of Revenue # DOR 34-P377-2006). ♦ 1 copy of the Assessor's or Vicinity Map of the Subject Property delineated in red. • Additional information on the subject properties: Map/Tax Lot Number. 2S105DB, 00400 Property Address: 13425 SW Lye Avenue Property Owner Name/Mailing Information: Tigard Water District 8777 SW Burnham Street PO Box 23000 Tigard, OR 97223 Map/Tax Lot Number. 2S105DB, 006100 Property Address: 13230 SW 154`h Avenue Property Owner Name/Mailing Information: City of Tigard 13125 SW Hall Blvd Tigard, OR 97223 Map/Tax Lot Number. 2S105DB, 006200 Property Address: No site address Property Owner Name/Mailin_g Information: Qty of Tigard 13125 SW Hall Blvd. • Tigard, OR 97223 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 TDD (503) 684-2772 106 • Map/Tax Lot Number. 2S105DC, 00201 Property Address: No site address Property Owner Name/Mailing Information: City of Tigard 13125 SW Hall Blvd. Tigard, OR 97223 Map/Tax Lot Number. 2S105DC, 00300 Property Address: No site address Property Owner Name/Mailing Information: The Cach Family Rev Trust & Garald C. Cach Crd Shlt Trust By Lisa A./Joan L. Cach Co-Trs. 6003 4'h Avenue NE Seattle, WA 98115 Map/Tax Lot Number. 2S105DC, 00400 Property Address: 15160 SW Sunrise. Lane Property Owner Name/Making Information: The Cach Family Rev Trust & Garald G Cach Crd Shlt Trust By Lisa A./Joan L. Cach Co-Trs. 6003 4`h Avenue NE • Seattle, WA 98115 Map/Tax Lot Number. 2S105DD, 00200 Property Address: No site address Property Owner Name/Mailing Information: Jon E. Dyer PO Box 848 Lake Oswego, OR 97034 Map/Tax Lot Number. 2S105DD, 00300 Property Address: No site address Property Owner Name/Mailing Information: Jon E. Dyer PO Box 848 Lake Oswego, OR 97034 u have uesuons or need further information, please call Emily Eng or me at qatty 639- 71 L rd or Administrative pecialist c: ZCA2006-00002 Land use file 107 Postal ~o CERTIFIED MAIL. RECEIPT _n (Domestic Mail Only; No insurance Coverage.:rovided) r Ir 00 FFOCEkL USE m -a Postage S C3 Certified Fee C3 C3 ¢9 O Heir fF~doRr erne rt R uir~) C3 Restrked Delivery Fee ,9j ro _O (Endorsement Required) 01 34 ru Total Postage a Fees $ 61f m fa f. E3 sent o Carolyn Sunderman C3 Oregon Department of Revenue ~;0" M or PO Box No. Cartography Unit - PO Box 14380 - Gh Salem, OR 97309 SENDER! • • • THIS SECTION ON DELIVERY ■ Complete items 1, 2, and 3. Also complete A. Signature item 4 if Restricted Delivery is desired. X 0 Agent ■ Print your name and address on the reverse 0 Addressee so that we can return the card to you. B. Received by (Printed Name) C. Date of Delivery ■ Attach this card to the back of the mailpiece, or on the front if space permits. D. Is delivery address different from item 1? 0 yes 1. Article Addressed to: If YES, a below: 0 No ono F~G~ Carolyn Sunderman Oregon Department of Revenue OIT 4 7 Cartography Unit PO Box 14380 3. Sem Salem, OR 97309 ~ Mail 0 Reg 45 eturn Receipt for Merchandise 0 Insured Mail 0 C.O.D. 4. Restricted Delivery? (Extra Fee) 0 Yes 2- Article Number 7003 2260 0001 6391 7658 (rrartsfer from service bW PS Form 3811•, February 2004 Domestic Return Receipt 102595-0244-1540 108 oOR 34-P377-2006 Preliminary Review REGON PARTMENT 4 REVENUE Cadastral Information Systems Unit PO Box 14380 Salem, OR 97309-5075 (503) 945-8297, fax 945-8737 City of Tigard 13125 S.W. Hall Blvd. Attn: Emily Eng Tigard, OR 97223 Date: 10/13/2006 This letter is to inform you that the map and description for your PLANNED annex to City of Tigard (ZCA2006-00002 Cach Creek) in Washington County have been reviewed per your request. They MEET the requirements for use with an Order, Ordinance, or Resolution which must be submitted in final form before March 31, 2007 per ORS 308.225. • Revised description submitted on 10/4/2006 is acceptable. If you have any questions please contact: Carolyn Sunderman, 503-945-8882 109 CITY OF TIGARD, OREGON TIGARD CITY COUNCIL• ORDINANCE NO. 2006- /',:S- AN ORDINANCE ANNEXING 35.78 ACRES, APPROVING CACH CREEK AREA ANNEXATION (ZCA2006-00002), AND WITHDRAWING PROPERTY 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 222.120(4)(b), ORS 222.125, and ORS 222.170(1) and (2) 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 He within the boundary of the Tigard Water District, 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 upon completion of the annexation; and WHEREAS, the Tigard City Council held a public hearing on September 26, 2006, to consider the annexation of eight (8) parcels (WCTM 2S105DB, Tax Lots 6100, 6200 & 400; WCTM 2S105DC, Tax • Lots 201, 300 & 400; and WCTM 2S105DD, Tax Lots 200 & 300) of land located adjacent to and west of SW Sunrise Lane, and adjacent to and north of SW Bull Mountain Road, including right-of-way on SW Sunrise Lane and withdrawal of said property from the Tigard Water District, the 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; and WHEREAS, pursuant to ORS 222.520(2) the City is liable to the Water District for certain debt obligations, however, in this instance the Water District has no debt for the City to assume, therefore, no option regarding the assumption of debt needs to be made; and WHEREAS, pursuant to Metro 3.09, ORS 222.120 and 222.524, notice was given and the City held a public heating on the issue of the annexation into the City and withdrawal of the annexed property from the Tigard Water District, 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 on September 26, 2006; and WHEREAS, pursuant to ORS 222.524, the City must declare the withdrawal of annexed properties from the Tigard Water District, the 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 by Ordinance; and ORDINANCE NO.2006-_15 ZCA2006-00002 Cach Cm Pagel of 3 110 WHEREAS, the Tigard Development Code states that upon annexation, the zone is automatically changed to the City zoning most closely conforming to the County zoning; 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 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 parcels described in the attached Exhibit "A" and shown in Exhibit "B" and withdraws said parcels from the Tigard Water District, 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. SECTION 2: The Tigard City Council adopts the "Staff Report to the City Council," as amended by the memorandum from Emily Eng, dated October 5, 2006, as findings in support of this decision; a copy of the staff report including the amending memorandum is ~i attached hereto as Exhibit "D" and incorporated herein by this reference. SECTION 3: The Tigard City Council adopts "Supplemental Findings in Support of Cach Creek Area Annexation" as findings in support of this decision. A copy of the Supplemental Findings in Support of the Annexation is attached as Exhibit A to Addendum 1 to the Staff Report and incorporated by this reference. 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: City staff is directed to take all necessary measures to implement the annexation, including certified copies of the Ordinance with Metro for administrative processing, filing with state and county agencies as required by law, and providing notice to utilities. SECTION 6: Pursuant to ORS 222.120(5), the effective date of the withdrawal of the property 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 this annexation. SECTION 7: Pursuant to ORS 222.465, the effective date of the withdrawal of this property from the Tigard Water District shall be July 1, 2007. ORDINANCE NO.2006-j_ ZCA2006-00002 Cach Creel Page 2 of 3 111 SECTION 8: In accordance with ORS 222.180, the annexation shall be effective upon filing with the Secretary of State. PASSED: By .0MAI1'd'2U1,1S vote of all Council members resent after being read by n p g umber and title only, this D r`' day of QC--t7---' ,la.e--L-~ )2006. ``rz-ems Cathy Wheadey, City Recor e APPROVED: By Tigard City Council this day of 0ctDLa-U , 2006. t Craig Dirksen, Mayor Approved as to form: ity Attorney Date • Certifted to be a ll true co o the Original on file at City of Ti Ci B nL Beco der, City of Tiga Date i O RDINANCE NO.2006-/5 ZCA2006-00002 Cach C1 112 Page 3 of 3 EXHIBIT A ANNEXATION DESCRIPTION A tract of land situated in the Section 5, Township 2 South Range 1 West Willamette Meridian described as follows: Beginning at the Northeast Comer of Stanhurst; thence N 00° 47' 29" E a distance of 1227.67 feet; thence N 00° 47' 29" E a distance of 225.00 feet; thence S 88° 52' 17" E a distance of 341.09 feet; thence S 00° 47' 29" W a distance of 225.00 feet; thence N 88° 52' 17" W a distance of 117.09 feet; thence S 00° 11' 04" E a distance of 348.04 feet; thence S 89° 12' 37" E a distance of 420.08 feet; thence S 01° 12' 28" W a distance of 615.64 feet; thence N 88° 41'47" E a distance of 356.41 feet to the westerly right-of-way of SW Sunrise Lane; thence along the said westerly right-of-way the following 7 courses; thence N 14° 18'07" W a distance of 11.36 feet; thence N 16° 59' 53" E a distance of 92.68 feet; thence N 43° 18' 47" E a distance of 111.75 feet; thence N 04° 36'28" E a distance of 155.66 feet; thence N 01° 25' 58" E a distance of 131.41feet; thence N 18° 08'48" W, along said westerly right-of-way, a distance of 101.59 feet; thence N 05° 04' 06" E, along said westerly right-of-way, a distance of 89.57 feet; thence S 84° 55' 54" E leaving said westerly tight-of-way, a distance of 40.00 feet to the easterly tight-of-way of SW Sunrise Lane; thence N 84° 18' 39" E a distance of 123.69 feet; thence S 87° 13'42" E a distance of 312.82 feet; thence S 01° 01' 50" W a distance of 304.42 feet; thence N 89° 28'08" W a distance of 409.21 feet to the easterly right-of-way of SW Sunrise Lane; thence, along said easterly right-of-way the following 8 courses, S 01' 25' 58" W a distance of 11.28 feet; thence S 04° 36' 28" W a distance of 171.82 feet; thence S 43° 18'47" W a distance of 116.45 feet; thence S 16° 59' 53". W a distance of 7212 feet; thence S 14° 18'07" E a distance of 184.66 feet; thence S 04° 12' 11" W a distance of 330.61 feet; thence S 00° 35' 17" W a distance of 322.91 feet; thence S 00° 15' IT, W a distance of 68.92 feet to the northerly right-of-way of SW Sunrise Lane; thence S 89° 49' 00" E, along said northerly right-of-way, a distance of 237.80 feet; thence S 00° 43'00"W, along said northerly right-of-way, a distance of 20.00 feet; thence S 89° 49' 00" E, along said northerly right-of-way, a distance of 920.60 feed thence S 00° 56'05'W a distance of 20.00 feet; thence N 89° 49' 00" W a distance of 4.92 feet to the northwest comer of lot 19 Bull Mountain Estates; thence S 00° 11' 00" W, along the west line of said lot 19, a distance of-15.00 feet to the extension of the southerly right-of-way of SW Sunri se Lane; thence N 89° 49' 00" W, along said southerly right-of-way, a distance of 251.37 feet to the northwest comer of lot 18 Bull Mountain Estates; thence N 00° 25' 58" E, a distance of 15.00 feet to the northwest comer of Bull Mountain Estates; thence N 89° 49' 00" W, along southerly right-of-way of SW Sunrise Lane, a distance of 941.78 feet to the westerly tight of way of SW Sunrise Lane; thence N 00° 15' 17" E, along said westerly right-of-way, a distance of 109.57 feet; thence N 00° 35' 17" E, along said westerly right-of-way, a distance of 175.45 feet; thence N 89° 47' 37" W a distance of 310.04 feet; thence S 00° 31' 09" W a distance of 130.19 feet; thence N 89° 49' 0(Y" W a distance of 284.88 feet-, thence S 00° 47' 38" W a distance of 155.00 feet; thence N 89° 49' 00" W a distance of 135.00.feet; thence N 00° 47'38" E a distance of 155.00 feet; thence N 89° 49' 00" W a distance of 300.00 feet to the easterly line of Stanhurst; thence N 00° 47' 29" E, along said easterly line, a distance of 510.55 feet to the'point of beginning. Containing 35.78 acres. ANNE)(ATtON CERTIFIED 110E G 'S r E a E o p _ ESSIOHAL BY LANo SU?VEYop 0C !F0 2 2006 • WASHINGTON COUNTY A& T T O N LJOKLNP- . 1980 CARTOGRAPHY H A O L E Y 94 11 3 EXCEPTING A tract of land situated in the Section 5, Township 2 South Range 1 West Willamette Meridian described as follows: Commencing at the Northeast Comer of Stanhutst; thence N 00° 47' 29".E a distance of 262.71 feet; thence S 89° 10'59" E a distance of 624.11 feet; thence S 01° 05' 50" W 10.03 feet; thence N 88° 41' 59" E a distance of 217.00 feet to The True Point of Beginning, thence S 05° 00' 48" E a distance of 227.46 feet; thence S-05* 07'52" W a distance of 115.66 feet; thence S 89° 49'00" E a distance of 181.95 feet; to the westerly right of way of SW Sunrise Lane; thence N 04° 12' 11" E, along the westerly tight-of-way of SW Sunrise Lane, a distance of 183.76 feet; thence N 14° 18' OT' W, along the westerly right-of-way of SW Sunrise Lane, a distance of 168.15 feet; thence S 88° 41' 59" W a distance of 163.44 feet to the true point of beginning Containing 1.42 acres ANNEXATION CERTIFIED BY OCT 0 2 2006 WASHINGTON COUNTY A & T CARTOGRAPHY ' REGISTERED P1.0FcsSiOMAL LAND SURV9YOR s nr- eoSa . n5=se 114 s D5 2S 2a 27 O g.,Mwb sr~r., JO [ '1! i ! * - 4:i o NxS,j o iT.l^ x 6eioe ~.49a n• 3 .r ? .M1:~, 0 ' r,~ i,t S~~~{i~~~ ly ,41 s . 6i' M'-'n, tr [ • M Jy rt3, f~,N:i?~ 1 iWtt .~0'°r°°, j... ~r iyn.' 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APPLICATION SAY FILE NAME: CACH CREEK AREA ANNEXATION CASE NOS: Zone Change Annexation (ZCA) ZCA20064)0002 APPLICANT/ COORDINATOR City of Turd OWNER City of Tigard (Multiple Contact: Beth St Amand Contact Dennis KoeIlermebec applicants): 13125 SW Hall Blvd 13125 SW Hall Blvd. Tigard, OR 97223 Tigard, OR 97223 OWNER T Water District OWNER JJon Dyet PO Box 23000 PO Box 848 Tigard, OR 97223 Take Oswego, OR 97304 OWNER: Sun Ridge Builders, Inc./ Brentwood Homes Contact: John Noffz 15170 SW Finis Lane Tigard, OR 97224 PROPOSAL: The applicant is requesting annexation of-twe eleven (11).parcels and the Sunrise Lane right-of-way containing 41:41 a total 0 40.93 acres into the City of Tigard. LOCATION: Abutting and west of Sunrise Lane, and abutting and notth. of SW Bull Mountain Road, including right-of-way on SW Sunrise lane; Washington County Tax Assessor's Map No_ (WCTIvi) 2S105DB, Tax Lots 6100, 6200 & 400; WCTM 2S108AB, TagLots 1200 & 1201; WCTM 2S105DC, Tax Lots 100, 201, 300 & 400; and WC-FM 2S105DD, Tag Lots 200 & 300. CURRENT ZONING DESIGNATION: R-6 District (Residential 6 Units Per Acre). The purpose of the Washington County R-6 District is to implement the policies of the Comprehensive Plan for areas _ designated for residential development at no more than sig (6) units per acre and no less than five (5) units per acre, except as specified by Section 300-2 or Section 303-6. The intent of the R-6 District is to provide the opportunity for more flexibility in . development than is Bowed in the R-5 District CACH CREEK AREA. ANNEXATION 119 ZCA2006-00002 PA EQUIVALENT CITY ZONING DESIGNATION: R-7• Medium-Density Residential District The City of Tigard R-7 zoning district is designed to accommodate attached single-family homes, detached single-family homes with or without accessory residential units, at a minimum lot size of 5,000 square- feet, and duplexes, at a minimum lot size o€10,000 square feet Mobile home parks and subdivisions are also permitted outright Some civic and institutional uses are also permitted conditionally. APPLICABLE REVIEW CRITERIA: ORS Chapter 222, Metro Code Chapter 3.09, Comprehensive Plan Policies 2 and 10, Community Development Code Chapters 18320 and 18390. SECTION II. STAFF RECOMMENDATION SECTION III. BACKGROUND INFORMATION Site Information: The subject site is located along the western boundary of the City of Tigard, the majority of Sunrise Lane is contiguous to the City limits. The site is part of unincorporated Bull Mountain and the City of Tigard's Urban Service Area. The subject site is predominantly in public ownership and is either currently used for public purposes or will be in the future. The City intends to use the publicly owned land for the purposes of a reservoir and parkland. The Menlor Reservoir provides public water storage facilities for the Tigard Water District The subject site also includes land banked for the Cache Creek Natural Area and future public water facilities: The City of Tigard Water Distribution System Hydmu& Study (May 2004) shows a future 550'-elevation-zone Reservoir #1 located on City-owned land adjacent to Sunrise Lane. The subject site also includes residential land (vacant and in current use). There are four primary structures located on the subject site: the Menlor Reservoir and three homes. The City approved a rot line adjustment (MIS2006-00012) for 2S105DC, Tax Lot 100 on July 7, 2006. The two southernmost residential parcels (2S 108AB, Tag Lots 1200 and 1201) are currently under development review, the owner has submitted separately a land-use application for a 17-lot subdivision with a total of 30 dwelling units (SUB2006-00003). The application was submitted to the City on January 31, 2006 when the City still provided development services to the Urban Service Area as agreed in the Washington County - Tigard Urban Semms Intngovernmental Agreement (terminated July 20, 2006). This application is a separate land-use decision with its own set of review criteria and will not be addressed-in this report The majority of the subject site contains steep slopes, defined as 25% slope or greater. The City of Tigard Community Development Code requires Sensitive Lands permits for development on parcels with steep CACH CREEK AREA ANNEXATION 120 ZCA2006-00002 slopes. There are two wetlands designated as Title 3 wetlands in the subject area. Goal 5 and Bull Mountain Community Plan natural resources exist on a majority or portions of the subject tax lots, protection for which will be considered if or when any of the proposed-territory develops. SECTION IV. APPLICABLE REVIEW CRITERI& FINDINGS AND CONCLUSIONS State: ORS Chapter 222 Regional: Metro Code Chapter 3.09 City: Comprehensive Plan Policies 2 and 10, Community Development Code Chapters 18320 and 18.390. A- CITY OF TIGARD COMMUNITY DEVELOPMENT CODE am E 18). Staff' has determined that the proposal is consistent with the .relevant portions of the Community Development Code based on the following findings L Chapter 18320.020: Approval Process and Standards B. Approval Criteria. The decision to approve, approve with modification, or deny an application to annex property to the City shall be based on the following criteria: L All services and facilities are available to the area and have sufficient capacity to provide-service for the proposed annexation area; and • The City -of Tigard Comprehensive Plan's Urbanization Chapter (Policy 10.1.1) defines services as water, sewer, drainage, streets, police,.and fire protection. Each service is addressed below. Policy 10.1.1 further defines capacity as "adequate capacity, or such services to be made available," to serve the parcel "if developed to the most intense use allowed," and "will not significantly reduce the level of services available to developed and undeveloped land in the City of Tigard-" The proposed annexation territory is currently zoned R-6, a Washington County residential zone designated for residential development at no more than six (6) units per acre and no less than five (5) units per acre. With annexation, the subject site's zoning would change to R-7 per Table 320.1 (Title 18). This equivalent city zoning provides for medium-density, single-family residential with a minimum residential lot size of 5,000 square feet As noted earlier, the subject site's current and planned uses are mostly public water provision and a natural area. The property deeds for certain parcels limit the City to these two uses. If the remaining 9.14 residential acres were developed to their designated rapacity of 7 units per gross acre, without allowance for the sensitive lands present, the sites could accommodate appronmately 63 units total. This gross calculation breaks down as follows: two northeast parcels (Dyer), 21 units; two southwest parcels (Brentwood), 42 units. These figures were used for City department evaluations of Policy 10.1.1 of the available services. When these sites develop, the applicant will be required to connect to public service facilities. The land-use review process will identify specific service provisions and require additional facilities or upgrades as appropriate, as well as consider the sensitive lands present Water - City of Tigard Public Works. The City of T- 's water system has the capacity to provide the mtnirrmm State of Oregon water service requirements for the proposed annexation, CACH CREEK AREA ANNE MON ZCA2006-M2 1 121 according to Public Works Dept Project Engineer Rob Murchison. Murchison's review concluded that the parcels developed to the most intense use allowed will not significandy reduce the level of services available to developed and undeveloped land within the City of Tigard. Attachment A includes Murchison's Aug. 16, 2006, memo and a map of water serviceability to the annexation area that identifies area water lines. Murchison's memo also-notes that the proposed development . (Brentwood) may require upsizing and a 8" connection to the existing system; again, that application is a separate land-use decision with its own set of review criteria and will not be addressed in this report The land-use. review process will identify specific service provisions and require additional facilities or upgrades as appropriate based on the specific development proposal Tigard City Engineer Gus Duenas further confirms that the City has adequate capacity ("Memorandum," Attachment B) and states that "the City has the ability and capacity -to determine what specific improvements may be needed and the ability and capacity to provide service- through its existing -system and any additional infrastructure that will be required when development occurs Sewer - Clean Water Services/City of Tigard. Tigard City Engineer Gus Duenas ("Memorandum," Attachment B) reviewed the proposal and provided the following comments "Sanitary sewer service is provided at the retail level by the City and at the wholesale level by Clean Water Services (CWS). As to the capacity of the City's system, -the City is capable of providing retail level sewer service without significant reduction in the level of services provided to developed and undeveloped properties in the City. As with the water system, some local lines will be required to be provided by the developer at the time of the development The City is prepared to accept, operate and maintain public sewers constructed within the annexed area. Sewer service can be extended from CWS facilities in Mentor lane and 154' Avenue located north of-the site. The City is capable of determining what additional facilities will be required and-of administering all portions of the retail sanitary sewer system, both existing and future additions in the area to be annexed, without significant reduction in the level of services provided to properties in the City." Drainage - Clean Water Services/City of Tigard Tigard City Engineer Gus Duenas ("Memorandum," Attachment B) reviewed the proposal and provided the following comments: "Storm drainage service, like sanitary sewer service, is provided jointly by the City and CWS. Site specific drainage facilities will be required at the time of development and will be developed and constructed in accordance with City standards. The retail system as the capacity to provide adequate storm drainage without significant reduction in the level of services provided to developed and undeveloped properties in the City." Streets - City of Tigard Capital Construction & Transportation Division The City's Transportation System Plan (I'SP) standards apply. The proposed annexation territory is located adjacent to Sunrise Lane, which is designated a neighborhood route in the City's Transportation System Plan (TSP). In addition, the southernmost portion of the proposed annexation territory (WCTM 2S108AB01201) fronts directly on SW Bull Mountain Road, which the City's TSP designates as a collector. Additional roads to serve the proposed annexation territory.include 150 Avenue, Roshak Road, 154's ' Avenue, and other surrounding streets. Tigard City Engineer Gus Duenas ("Memorandum," Attachment B) reviewed the annexation proposal and concluded that some improvements to these streets may be required as part of the development of die annexed area, including extension of existing streets into the area. However, Duenas determined that the CACH CREEK AREA ANNEXATION ZCA2006-00002 122 City can provide services Eo this site, and "doing so will. not significantly reduce the level of services to developed and undeveloped land within the City of Tigard" - Police - City of Tigard Police Department The City of Tigard's Police Department has reviewed the annexation proposal and stated that the proposed annexation would not impede current levels of service to existing developed and undeveloped areas in the City of Tigard. If the area is annexed, Tigard Police can provide adequate services to the proposed area (Attachment C). Fire - Tualatin Valley Fire and Rescue (I VF&R). Tualatin Valley Fire and Rescue (TVF&R) already serves the proposed annexation territory. Additionally, TVF&R- reviews all subdivision development proposals and annexation proposals for'the City of Tigard and would provide additional comments at that time. Based upoa this review, staff finds that all public services (as defined by the Comprehensive Plan) are available to the proposed annexation territory and all public services have sufficient capacity to provide service to the proposed annexation territory 2. The applicable Comprehensive Plan policies and implementing ordinance provisions have been satisfied. Three Comprehensive Plan policies apply to proposed annexation: 21.1, 10.1.1_, and -10.1.2. Staff has determined that the proposal has satisfied the applicable Comprehensive Plan policies based on the following findings: Policy 2.tt• Citizen Involvement The City shall maintain an ongoing citizen involvement program and shall assure that citizens will be provided an opportunity to be involved in all phases of the planning process. The City maintains an ongoing citizen involvement program. To assure citizens will be provided an opportunity to be involved in all phases of the planning process, the City provides notice for Type IV land-use applications. The City posted, mailed and published notice of the public hearing as follows. The City posted the hearing notice at four public places on August 11, 2006: Tigard Iabrary, Tigard City Hall, Tigard Permit Center,. and in the general vicinity of the proposed tertitory on SW Sunrise Lane and on SW Bull Mountain Road near SW Roshak Road. The City published notice of the heating in The Tigard Tualolin Shenvwd Times for two successive weeks -(September 7, 2006 and September 14, 2006) prior to the September 26, 2006, public heating. The City also mailed notice to all interested parties and surrounding property owners within 500 feet on August 7, 2006. In addition, the City maintains a list of interested parties organized by geography. Notice was mailed to interested parties -in the West area on August 7, 2006, which includes former Citizen Involvement Team contacts and CPO 4B, the citizen participation. organization for the area Staff finds that this po c is met Policy 101L• Urbanization. Prior to the annexation of land to the City of Tigard, a) the City shall review each, of the following services as to adequate capacity, or such services to be made available, to serve the parcel if developed to the most intense use allowed, and will not significantly reduce the level of services available to developed and undeveloped land within the City of Tigard: L Water, 2. Sewer, 3. Drainage; '4.Streets; 5. Police; and 6. Fire Protection. As addressed under 18.320.020 above, adequate service is available to the proposed annexation CAC-1 CREEK AREA ANNEXATION 123 • territory. Upon annexation, the proposed territory will be zoned R-7, a medium-density single- family residential zone with a minimum residential lot size of 5,000 square feet. The privately owned properties have an estimated maximum density of 63 units (not taking into account sensitive lands).' If they develop,. the developer(s) will be required to connect the properties to public service facilities, such as sewer, storm drainage and water, and provide the necessary street improvements- Based on comments from City of Tigard staff, there is adequate capacity to-serve the annexation area (water, sewer, drainage, streets, police, fire protection) if developed to the most intense use allowed, and it will not significantly reduce the level of services available to developed and undeveloped land within the City of Tigard- The City of Tigard department of Public Works has reviewed the annexation proposal and states that the City's water system can provide the minimum State of Oregon water service requirements for the proposed territory, based on the maximum density permitted Public Works states that water is available in quantity, and quality and has not indicated that there would be a reduction in its capacity to provide water to the proposed annexation territory or reduce the level of service to the entire City. The Police Department reviewed the proposal and has no objections. The Engineering Department reviewed the proposal and has no objections. The Engineering Department confirmed that sewer service, storm drainage and-street access are available to the site. Tualatin Valley Fire and Rescue (TVF&R), the current provider to the proposed territory, did not raise any objections. Staff concludes that there is adequate capacity to serve the proposed tertitot~ (water. sewer, dmigM streets police, fire protection) if developed to the most intense use allowed and will not significantly reduce the level of services available to develo_Red and • undeveloped land within the City of Tigard b) If required by an adopted capital improvements program ordinance, the applicant shall sign and record with Washington County a nontemonstrance agreement regarding the following: L The formation of a local improvement district (I..LD) for any of the following services that could be provided through such a district. The extension or improvement of the following a) Water, b) Sewer, c) Drainage, and d) Streets. 2. The formation of a special district for any of the above services or the inclusion of the property into a special service district for any of the above services. This criterion does not apply. No capital improvements program requires a nonremonstrance agreement for this area. Some urban services are already available for the proposed annexation territory; others are available nearby and would require connections from the proposed annexation area. However, these public facility requirements will be assigned as part of any subdivision review when an application is submitted c) The City shall provide urban services to areas within the Tigard Urban Planning Area or within the Urban Growth Boundary upon annexation- The Tigard Urban Planning Area (as defined in the Washington County -1 gard Urban Plaxning-4ma Ageemeat (UPAA Quly 2006); see Attachment D of application submittal) includes the proposed anmexation territory. The City is the designated urban services provider for the services defined in the Tigard Urban Sm= Agzemw (IUSA) (2002) and subsequent operating agreements: police, parks, recreation and open space; roads and streets; sanitary sewer and storm water (through an operating agreement with Clean Water Services); and water service. Upon annexation, those services will be provided according to the City's current policies. Staff finds that this policy is met. • 1 Maaimum density was calculated using formula provided in Code Chapter 18.715. CACH CREEK. AREA ANNEXtlMN 124 ZCA2006-00002 i • Policy 10.t2: Urbanization. Approval of proposed annexations of land by the City shall be based on findings with respect to the following. a) The annexation eliminates an existing "pocket" or "island". of unincorporated territory; or, b) The annexation will not create an irregular boundary that makes it difficult for the police in an emergency situation to determine whether the parcel is within or outside the City; c) The Police Department has commented upon the annexation; d) the land is located within the Tigard Area of Interest and is contiguous. to the City, boundary; e) The annexation can be accommodated by the services listed in 10.1.1(a). a) The proposed annexation does not-eliminate an existing pocket or island of unincorporated territory. It does remove portions of an existing pocket ("Dyer" property) and would incorporate City-owned land and publicly owned land that provides Tigard residents with public services. b) As stated earlier, only 91.14 acres of the proposed annexation area are in private ownership and zoned for residential development. The remaining acreage consists of land in public ownership for public services, including land for the public water system and a natural area, which require limited services- The City of Tigard Police Department has reviewed the proposed annexation and has no objections. The department stated (Attachment C) that "the proposed boundary for the annexation does not appear to present any obstacles for emergency response by the Police Department" It should also be noted here that the owners of three adjacent properties on Sunrise Lane have expressed the desire to join this proposed annexation (15180, 14625, and 15110.SW Sunrise Lane); the annexation of those additional properties would eliminate additional-pockets and create a more regular boundary. However, the current proposal does not include those properties. c) As shown in B. above, the City of Tigard Police Department has commented on the annexation. d) The UPAA Qidy 20067) includes the proposed annexation territory within Tigard's Area of Interest The proposed annexation territory is contiguous to the City along the site's east boundary-and Sunrise Lane. e) Lastly, as section 10.1.1.(x) demonstrated, the annexation can be accommodated by the following services: water, sewer, drainage; streets; police; and fire protection. Therefore staff finds that the grogosed annexation meets Polity 10.1.2. Policy 10.13: Urbanization. Upon annexation of land into the City which carries a Washington County zoning designation, .the City of Tigard shall assign the City of Tigard zoning district designation which most closely conforms to the county zoning designation. Chapter 18.320.020 C of the Community Development Code provides specifics on this conversion. The proposed annexation territory's Washington County designation is R-6. Table 320.1 summarizes the conversion of the County's plan and zoning designations; R-6 County zoning converts to the City's R-7 zoning. As this is a Zone Change Annexation (ZCA) application, upon approval and execution of the proposed annexation, the territory Will assume R-7 zoning to conform with the table below. Additionally, the City's Comprehensive Plan designation for medium-density residential will be applied to this area CACH CREEK AREA ANNEXAnON 125 ZCA2006-00002 TABLE 320A CONVERSION TABLE FOR COUNTY AND CITY PLAN AND ZONMG DESIGNATIONS Washington Co" Land Use City or Tigard Zoning city olTigard DistrkWPhn Dedgu&aw Plan Designation R-5 Res. 5 unitsacre R4.5 SFR 7.500 sq. lL Loss density 1-5 units/acre R-6 Res. 6 units/acre R-7 SFR 5.000 sq. ft. Med. density 6-12 umtslure R-9 Res 9 uoits/acte R-12 Multi-family 12 uaiW-aere Med. density 6-12 uniWacre R-12-Res- 12 unitsiacre R-12 Matti family 12 cmits/arre Med. density 6-12 unitsiacre R-15 'Res. 15 anitstwe R-25 Multi-family 25 unitslaire Medium High density 13-25 unitsfacre - R-24 Res. 24 umtslacres R-25 Multi-timt7y 25 anitsl-m Medium-I density 13-25 umts/acre Office Commerciat C-P Connneraal Professional CP CaMMIMroal Profissional NC Neigh6aahood Commercial CN Ne4borl" Commercial CN Neiobodw" Cowl CUD Commercial Business CBD Commercial Business CW ComMerciat Bas>nea District District District GC General Commercial CG General Commercial CG General Commercial Do Industrial I -L LidR Industrial Iaght Indostrialn Chapter 18320.020 C. Assignment of comprehensive plan and zoning designations. The comprehensive plan designation and the zoning designation placed on the property shall be the City's zoning district which most closely implements the City's or County's comprehensive plan map designation. The assignment of these designations shall occur automatically and concurrently with the annexation. In the case of land which carries County designations, the City shall convert the County's comprehensive planmap and zoning designations to the City designations which are the most similar. A zone change is required if the applicant requests a comprehensive plan map and/or zoning map designation other than the existing designations. (See Chapter 18380). A request for a zone change can be processed concurrently with an annexation application or after the annexation has been approved. As the previous section demonstrated, the City of Tigard R-7 zoning district is the most similar to Washington County's R-6 zoning district The proposed territory is currently R-6 and well automatically become R-7 upon annexation. This zone conversion will occur concurrently with the annexation process. There have been no requests for zoning other than R-7. City of Tigard Community Development Code 2. Chapter 18390.060: Type IV Procedure Annexations are processed by means of a Type IV procedure, as governed by Chapter 18.390 of the Community Development Code (Title 18) using standards of approval contained in 18.390.020(B), which were addressed in the previous section. Chapter 18390 requires City Counciil to hold a hearing on an annexation. It also requires the City to provide notice at least 10 days prior to the hearing by mail and to publish newspaper notice; the City mailed notice on August 7, 2006, and published public notice in The Tigard Tualatin Sherwood Tl w for two successive weeks (September 7, 2006, and September 14, 2006) prior to the September 26, 2006, public hearing. CACH CREEK AREA ANNTMTION ZC~z2006-00002 126 . ti •i j Additionally, Chapter 18390.060 sets forth five decision-making considerations for a Type IV decision: L The Statewide Planning Goals and Guidelines adopted under Oregon Revised Statutes Chapter 197; The City's Comprehensive Plan has been acknowledged by the sand Conservation and Development Commission to be in compliance with state plannin goals. As reviewed above, the annexation proposal meets the existing Comprehensive Plan policies and therefore is in compliance with state planning goals- 2. Any federal or state statutes or regulations found applicable; ORS 222: State law (ORS 222120(4)(b), ORS 222.125, ORS 222170(1) and (2)) allows for a city to annex contiguous territory when owners of land in the proposed territory to be annexed submit a petition to the legislative body of the city. QRS 222120 requires the city to hold 'a public hearing before its legislative body (City Council) and provide public notice to be published once each week for two successive weeks prior to the day of the heating, in a newspaper of general"ckcuWion in the city, and shall cause notices of the hearing to be posted in four public places in the city for a like period The property owners (or their representatives) of all 11 parcels have submitted signed petitions for annexation to the City. The proposed annexation territory is contiguous to the City along the site's cast boundary and Sunrise Lane. The City published public notice in The Tigard Tualatin Sberrvoad Times for two successive weeks (September 7, 2006, and September 14, 2006) prior to the September 26, 2006, public hearing and posted the hearing notice at four public places on August 11, 2006: Tigard Library, Tigard City Hall, Tigard Permit Center, and in the general vicinity of the proposed territory. Staff finds that the provisions of ORS 222 have been met. 3. Any applicable METRO regulations; Chapter 3.09 of the Metro Code (Local Government Boundary Changes) includes standards to be addressed in annexation decisions, in addition to local and state review standards. Note that the report is available 15 days before the hearing (September, 11, 2006, for an September 26, 2006, hearing). Staff has determined that the applicable METRO regulations (Metro Code 309 040U &(d)) have been met based owing findinQS: on the foll Metro 3.09.040 (b) (b) Not later than 15 days prior to the date set for a change decision, the approving entity shall make available to the public a report that addresses the criteria in subsections (d) and (p,) below, and that includes at a minimum the following (1) The extent to which urban services presently are available to serve the affected territory including au extra territorial extensions of service; As addresse~previously in this report, urban services are available to the affected territory. (2) A description of how the proposed boundary change complies with any urban service provider agreements adopted pursuant to ORS 195.065 between the affected entity and all necessary parties-, As addressed previously in this report, the annexation proposal complies with all applicable provisions of urban service provider agreements, UPAA (2006); and TUSA (2002). CACH CREEK AREA ANNEXATION 127 ZCAM-00002 (3) A description of how the proposed boundary change is consistent with the comprehensive land use plans, public facility plans, regional framework and functional plans, regional urban growth goals and objectives, urban planning agreements and similar agreements of the affected entity and of all necessary parties; As addressed previously in this report, the annexation proposal complies with all applicable policies of the City of Tigard Comprehensive Plan and urban service provider agreements (UPAA (2006) and TUSA (2002)_ The proposed annexation territory is within the Urban Growth Boundary and subject to the Regional Framework Plan and Urban Growth Management Functional Plan provisions. There ate no specific applicable standards or criteria for boundary changes in the Regional Framework Plan or the Urban Growth Management Functional Plan. However, the City's Comprehensive Plan and Development Code have been amended to comply with Metro functional plan requirements- By complying with the Development Code and Comprehensive Plan, the annexation is consistent with the Functional Plan and the Regional Framework Plan.. (4) Whether the proposed boundary change will result in the withdrawal of the affected territory from the legal boundary of any necessary party; and The proposed territory will remain within Washington County but will be required to be withdrawn from the boundary of the Tigard Water District, 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 upon completion of the annexation- (5) The proposed effective date of the decision. 'the public hearing will take place September 26, 2006- If the Council adopts findings to approve ZCA2006-00002, the effective date of the annexation will be October 26, 2006. Metro Code 3.09.040 ldl (d) An approving entity's final decision on a boundary change shall include findings and conclusions addressing the following criteria: 1. Consistency with directly applicable provisions in an urban service provider agreement or annexation plan adopted pursuant to ORS 195.065; As addressed previously in this application, the annexation proposal complies with an applicable provisions of urban service provider agreements (UPAA (2006) and the TUSA (2002)). The TUSA includes the proposed annexation territory. The agreement states that the County and City will be supportive of annexations to the City, and the City shall endeavor to annex the Bull Mountain area in the near to mid-term (by 2005-2007, as projected in the TUSA). The proposed annexation is in the Bull Mountain Area and is contiguous to city. limim Therefore the proposed annexation is consistent with these agreements. 2. Consistency with directly applicable provisions of urban planning or other agreements, other than agreements adopted pursuant to ORS 195.065, between the affected entity and a necessary Partr, The UPAA (2006) includes the proposed annexation territory. The City bas followed all processing and notice requirements in the UPAA, providing Washington County with 45-day_notice prior to the public hearing. The agreement states that "so that all properties within the Tigard Urban Service Area will be served by the City, the County and City will be supportive of annexations to CACR CREEK AREA ANNEXATION 128 ZCA2006-00002 the City." The City also provided notice to the affected CPO (CPO 4B) per the agreement. The annexation,.pgpposal is consistent with this agreement. 3. Consistency with specific directly applicable standards or criteria for boundary changes contained in comprehensive land use plans and public facility plans; As previously stated in this report, this proposal meets all applicable City of Tigard Comprehensive Plan provisions. This criterion is satisfied 4. Consistency with specific directly applicable standards or criteria for boundary changes contained in the Regional Framework Plan or any functional plan; This criterion was addressed under Metro Code 3.09.040(b). By complying with the City of Tigard Community Development Code and Comprehensive Plan, the annexation is consistent with the Functional Plan and the Regional Framework Plan. 5. Whether the proposed change 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 provision of public facilities or services because it is consistent with the terms of the TUSA (2002), which ensures the timely, orderly, and efficient extension of public factities and urban services; it is contiguous to existing city limits and services; and lastly, urban services are available to the proposed annexation territory and have not • been found to significandy reduce existing service levels. 6. The territory lies within the Urban Growth Boundary; and The proposed territory is within Metro's Urban Growth Boundary. 7. Consistency with other applicable criteria for the boundary change in question under state and local law. In previous sections, this report.reviewed the proposal's consistency with other applicable criteria and found it to be consistent. (Tigard CDC 19390.060) 4. Any applicable comprehensive plan policies; and As demonstrated in previous sections of this report, the proposed annexation is consistent with, and meets, all applicable comprehensive plan policies. S. Any applicable provisions of the City's implementing ordinances. There are no specific implementing ordinances that apply to this proposed annexation. Chapter'18 of the City Code will apply to development of the property. SECTION VII. OTHER STAFF COMMENTS The City of Tigard Public Works, Engineering and Police Departments have reviewed the proposal and have no objections to it and have not indicated that the proposed annexation would reduce their capacity CACH CREEK AREA ANNEXATION 129 ZCA2006-M2 to provide services to the proposed annexation territory or reduce the level of City services. Full comments are provided in the attachments listed below. Attachment A: "Memorandum," from Rob Murchison, Public Works Dept. Project Engineer Attachment B: "Memorandum," from Gus Duenas, Engineering Division Attachment Q E-mail from Jim Wolf, Tigard Police Department SECTION VIII. AGENCY CONIMENTS Tualatin Valley Fire and Rescue has reviewed the annexation proposal and has no objections, comments or conditions. "LEVA'RED Eng DATE Assistant Ptanner REVIEWED BY: Coffee DATE Community Development Director CACH CREEK AREA ANNEXATION 130 ZCA2006-=2 ADDENDUM1 MEMORANDUM 4 TO: Mayor Dirksen, City Council CC: Craig Prosser, Tom Coffee, Dick Bewersdorff FROM: Emily Eng RE: ZCA2006-00002 Cach Creek Area Annexation DATE: October 5, 2006 This memo identifies changes to the Cach Creek Area Annexation Proposal. On September 25, 2006, applicant John Noffz of Sun Ridge Builders, withdrew the Brentwood Estates property (Washington County Tax Map 2S108AB, Tax Lots 1200 and 1201), changing the original proposal. In addition, one tax lot number (2S105DC, Tax Lot 100) has been removed because it doesn't exist and was incorrectly shown on the tax map. City Council held a public hearing for the annexation on September 26, 2006 and decided to continue the • hearing on October 10, 2006 and leave the record open for additional information and public comment The supplemental exhibits below have been attached to this memo: Supplemental Exhibit A: Supplemental Findings in Support of the Cach Creek Area Annexation Supplemental Exhibit B: Additional Information and Public Comments Submitted to the Record Supplemental Exhibit C: Assessed Value of Properties to be Annexed The following changes apply to the Staff Report: Page l • Sun Ridge Builders should be removed as an applicant and owner. • Under proposal, "Eleven (11) parcels" should be changed to "Eight (8) parcels." Total acreage should be changed from 40.93 acres to 35.78 acres. (At the hearing, I estimated that the total revised acreage was 34.82, but after re-surveying the site, it is 35.78.) • Under location, the withdrawn parcels (Washington County Tax Map 2S108AB, Tax Lots 1200 and 1201) should be deleted. In addition, Washington County Tax Map 2S1105DC, Tax Lot 100 should be deleted. These were included as a result of a tax map error. • Under current zoning designation, the County designation R-15 should be added because two of the City-owned properties are zoned R-15.. • Under equivalent zoning designation, the City designation R-25 should be added because that is the zone that most closely refects the County R-15 designation. 131 Page 2 • • Second paragraph from the bottom, the three sentences regarding the two Brentwood parcels should be deleted. Page 3 • Third paragraph from the bottom, maximum density of the privately-owned property should be calculated based on a total of 3.03 acres instead of 9.14 acres. Therefore, the estimated maximum residential units is approximately 21 and not 63, not taking into account sensitive lands. Page 4 • First paragraph, concerning Public Works' comments on water, the sentence regarding the Brentwood parcels should be deleted. • Last paragraph, third sentence from top should be deleted because it relates to the Brentwood parcels. Concerning roads that serve the proposed annexation territory in the next sentence, "Roshak Road" should be deleted because it relates to the Brentwood parcels. Page 6 • First paragraph, second full sentence, the estimated density should be residential 21 units for the privately-owned property and not 63 units. • First paragraph, last sentence states, "Based on comments from City of Tigard staff, there is adequate capacity to serve the annexation area (water, sewer, drainage, streets, police, fire protection) if developed to the most intense use allowed, and it will not significantly reduce the level of services available to developed and undeveloped land within the City of Tigard." City staff reviewed the proposal when the estimated maximum density was 63 acres; therefore, because the maximum density is now 21 residential units, the City's assessment of adequate capacity overestimates the burden of the annexation on City services. In either case, whether 63 or 21 units, the City has adequate capacity to serve the proposed annexation territory. • Second paragraph from top states, "The City of Tigard department of Public Works has reviewed the annexation proposal and states that the City's water system can provide the minimum State of Oregon water service requirements for the proposed territory based on the maximum density permitted." The maximum density referred to was 63 units; however, it is now 21. Page 7 • In response "b," the privately owned acreage should be changed from 9.14 acres to 3.03. • Bottom paragraph should be deleted and replaced with "Upon approval and execution of the proposed annexation, the territory will assume zoning to conform to the table below. In addition, the City's Comprehensive Plan designation will be applied to this area." Pam 8 • Response to "C" should be deleted and replaced with "Six parcels in the proposed territory are currently zoned Washington County R-6 and two parcels are zoned Washington County R-15. Upon annexation, the six parcels will automatically become City of Tigard R-7 and the two parcels will become City of Tigard R-25." 132 Page 9 • • Under the response to #2, "property owners of all 11 parcels" should be changed to "property owners of all 8 parcels." Page 10 • The response to #5 states, "The public hearing will take place September 26, 2006. If the Council adopts findings to approve ZCA2006-00002, the effective date of the annexation will be October 26, 2006." However, the public hearing is being continued on October 10, 2006. If the Council adopts the ordinance approving ZCA2006-00002, the effective date of the annexation would be November 10, 2006. 133 Supplemental EXHIBIT A SUPPLEMENTAL FINDINGS IN SUPPORT OF THE CACH CREEK AREA ANNEXATION 1. The City Council held a duly noticed public hearing on September 26, 2006, consistent with ORS 222.120, to consider this annexation proposal. The City allowed written comments concerning the proposed annexation to be submitted before, during and for a period of seven days after the hearing. The Council also received oral comments at the hearing. 2. The notice of the hearing proposed annexation of property owned by the City of Tigard, the Tigard Water District, the Trust for Public Land, Brentwood Homes, and Jon Dyer. The Trust for Public Lands and Brentwood Homes have indicated that they no longer wish their property to be included in the proposed annexation. City staff has proposed that the annexation include only those properties owned by the City of Tigard, the Tigard Water District, and Jon Dyer. The Council agrees that the annexation should be and is limited to the properties owned by the City of Tigard, the Tigard Water District, and Jon Dyer. The legal description and a map of the properties being annexed are included in the ordinance as Exhibits A and B. 3. The City has written consents to annexation signed by a duly authorized official of the City of Tigard and by Jon Dyer. It also has a petition for and consent to annexation signed by a duly authorized official of the Intergovernmental Water Board (IWB) that covers the property owned by the Tigard Water District. The IWB consent reflects a vote • by the IWB to petition for and consent to the annexation. The Council finds that the Intergovernmental Water Board has authority to act for the Tigard Water District and other members of the IWB as to the property proposed for annexation and properly exercised that authority in signing the petition for and consent to annexation. The record includes a letter from King City, a member of the IWB, expressly agreeing with the consent to annexation, and written minutes of the IWB meeting showing the City of Durham's vote in favor of the consent and statements in support of consent by Durham's representative. The minutes show that the Tigard Water District representative abstained from voting and did not oppose the action of the IWB in consenting to the annexation. No one has claimed that the IWB lacked authority to act on behalf of the Tigard Water District. 4. Under ORS 222.170(4), property that is publicly owned is not considered when determining the number of owners, the area of land, or assessed valuation unless the owner of the property files a statement consenting to or opposing annexation. Washington County has not submitted to the City a statement consenting to or opposing the annexation, so County roads and rights-of-way that are within the area proposed for annexation are not considered in determining whether the City has sufficient consents. 5. The City has the written consent of all of the owners of property proposed to be included in the annexation. There are no registered voters in the area proposed for annexation. The City therefore may proceed with annexation without a vote in the territory to be annexed under ORS 222.125 (consent of all the owners and at least 50 percent of voters, 1 - 134 if any), ORS 222.170(1) (consent of half the owners of half the land with half the assessed value, and ORS 222.170(2) (consent of a majority of the electors and owners of half the property). 6. Even if the consent for the property owned by the Tigard Water District is not counted, the City has sufficient consents to proceed with the annexation without an election in the territory to be annexed under both ORS 222.170(1) and 222.170(2). The property owned by the City of Tigard and Jon Dyer totals 21.04 acres, more than half of the total net area of 32.07 acres. The City and Mr. Dyer are two of three owners - more than half of the owners. The total assessed value of the property owned by the City and Mr. Dyer is $970, more than half of $970, which is the total assessed value of all the total net property value in the area proposed for annexation. Because there are no resident voters in the area, the number of voters does not need to be considered under ORS 222.170(2). The City takes official notice of the assessed values for the properties as listed by Washington County. The City notes that the market value for the Tigard Water District property, as established by Washington County, is $1,316,700, which is less than half the total market value of 3,582,850 of all the properties in the area to be annexed Findings Addressing Comments Received 7. The City received written comments from Karen and John Molloy, Lisa. Hamilton Treick, Richard A. Franzke, Michael Orth, and Lawrence R. Derr in opposition to the opposed annexation. The City also received inquiries from other property owners as to the possibility of including their properties in the annexation. At the September 26, 2006, hearing, Ms. Hamilton-Treick and Kinton Fowler testified in opposition to the proposed annexation, and Linda Walsh offered testimony that could be considered critical of the annexation. 8. On August 8, 2006, the Washington County Board of Commissioners called an election on the proposed incorporation of the City of Bull Mountain. The area proposed for annexation is within the area proposed to be included within the proposed City of Bull Mountain. The City has concluded, on advice of its City Attorney, that it cannot process petitions for annexation received after the time the proposed incorporation was referred to the voters. Therefore, it is including in the proposed annexation only properties for which it received a petition for and consent to annexation prior to August 8, 2006 and is not adding any properties to the proposed annexation territory. The City received petitions for annexation for all properties included in the proposed annexation prior to August 8, 2006. Findings Relating To Comments Submitted by Lawrence R. Derr 9. Lawrence R. Derr submitted written comments on October 3, 2006, on behalf of Lisa Hamilton-Treick. Mr. Derr argues that the City cannot proceed with the annexation because the area proposed for annexation is within the area of the proposed City of Bull Mountain. Mr. Derr argues that the "City has taken no actions to initiate this annexation 2 135 that are prior in time to the annexation procedures." The City concludes that the relevant date for an incorporation proceeding is the date that the County acts to place the matter on the ballot. Landis v. City of Roseburg, 243 Or 44, 411 P2d 282 (1966). The City further concludes that the relevant date for annexations is the date that the petitions are filed with the City. ORS 222.111(2). This annexation was initiated no later than August 4, 2006, when the last of the petitions, that of Mr. Dyer, was received by the City. August 4, 2006, was before August 8, 2006, when the County Board acted, so the City may proceed with the annexation, not withstanding the actions to incorporate the City of Bull Mountain. 10. Mr. Derr argues that the annexation is in violation of Metro Code Section 3.09.040(a)(1) because the City lacks jurisdiction. The City has jurisdiction, based on the filing of the petitions for annexation. Mr. Derr further argues that the City is in violation of Metro Code Section 3.09.050(3x5) because the annexation is not consistent with the orderly provision of public facilities and services because it is in competition with the proposed Bull Mountain incorporation. The annexation will provide for the orderly provision of public facilities and services by allowing Tigard services to be provided in the area to be annexed and would also provide for the orderly provision of parks and water services, given that the properties owned by the City of Tigard and the Tigard Water District are planned to be used for parks and water system purposes. Mr. Derr alleges that the annexation would be contrary to Metro Code 3.09.050(d)(7) because the annexation would be illegal. The annexation would not be illegal. The proposed annexation is consistent with Metro Code 3.09.040(x)(1), 3.09.050(dx5) and 3.09.050(d)(7). 11. Mr. Derr argues that the City failed to provide for "a public hearing necessary to avoid an election under ORS 222.120(2)." The City Council held a public hearing on September 26, 2006, in compliance with the hearing requirement. 12. Mr. Derr argues that some or all of the petitions did not comply with the requirements of Metro Code 3.09.040. Mr. Derr has not identified any way in which the petitions failed to comply with Metro Code Section 3.09.040. Furthermore, Metro Code Section 3.09.040 is a section relating to submission requirements, and does not establish approval criteria. The City, by processing the petitions, has accepted that they are sufficient to allow the City to make a decision based on the applicable criteria. 13. Mr. Derr argues that Sunrise Lane is a county road and that the county has neither petitioned for nor consented to the annexation. Under ORS 222.170(4), publicly owned property may be annexed but does not count in the consideration of the sufficiency of the consents unless the public owner consents or objects. The County has not consented or objected, so the area is not counted in determining the sufficiency of the consents, even though it is included in the annexation. 14. Mr. Derr further argues that the annexation is a cherry stem annexation and therefore not justified. Even if this annexation could be considered a cherry stem annexation, cherry stem annexations are not illegal. See Morsman v. City of Madras, 191 Or App 149, 81 3 136 P3d 711 (2003) and cases cited therein. Mr. Derr has not argued that the proposed annexation is unreasonable or provided any factual basis such an argument. The annexation is reasonable because it provides for an extension of the City boundaries so that City parks and water facilities will be within the City. 15. Mr. Derr states that the City must clarify the status of zoning and applicability of the Bull Mountain Community Plan to the property proposed for annexation. The City's decision does not change the zoning or make the Bull Mountain Community Plan inapplicable to the areas being annexed. Findings Related to Written Comments By Karen and John Molloy 16. Karen and John Molloy submitted a written comment on September 30, 2006, apparently in opposition to the annexation because the property is within the area of the proposed City of Bull Mountain. As discussed in the findings related to comments by Lawrence R. Derr, the proposed incorporation of the City of Bull Mountain does not prevent the City from proceeding with this annexation. Findings Related to Written Comments by Michael Orth 17. Michael Orth submitted a comment on August 13, 2006, opposing the annexation prior to the vote on the incorporation of the City of Bull Mountain. As stated in the previous findings, the City finds no legal impediment to proceeding with the annexation at this time. Findings Related to Written Comments Richard A. Franzke 18. Richard A. Franzke submitted written comments dated September 26, 2006. Mr. Franzke argued that the incorporation proceedings were initiated before the City's annexation proceedings. As discussed in Finding No. 9 above, the City has concluded that the City's proceedings have priority. 19. Mr. Franzke argued that the City should respect the will of the citizens who will be affected by its actions. The people who affected by an annexation are the property owners and voters ('if any) in the territory to be annexed. The City has the consent of all property owners within the territory to be annexed and there are no voters in the territory to be annexed. The City has been forced to turn aside property owners who want to annex to the City because they are within the proposed City of Bull Mountain and did not submit petitions prior to the date the County Board referred the incorporation to the voters. Mr. Franzke suggests that the City's wish to annex these properties is based on the desire to increase tax revenues. The vast majority of the property being annexed (31.79 out of 34.82 gross acres) is publicly owned and not subject to property taxation. Findings Related To Written Comments and Oral Testimony of Lisa Hamilton-Treick 4 137 20. Ms. Hamilton-Treick submitted written comments on September 26, 2006. Ms. Hamilton first argued that Washington County has not consented to the inclusion of the county road. Publicly owned property may be included in an annexation and is not counted in the calculation of consents unless the public owner specifically consents or objects. ORS 222.170(4). The County's lack of consent is relevant to whether the City counts the road in the total property area, but does not otherwise affect the annexation. 21. Ms. Hamilton-Treick argued that the proposed boundary creates islands and an irregular boundary. The Council finds that the boundaries of the City are sufficiently regular to be consistent with Comprehensive Plan 10.1.2. The regularity standard in the Comprehensive Plan standard is expressly related to whether police will be able to respond in an emergency situation without difficulty. The City Council finds that the fact that the vast majority of the property being annexed will be City owned and administered means that there will be no difficulties for the police in emergency situations. The only "islands" created are three properties that will be outside Tigard City limits but will be cut off from county, and possibly future City of Bull Mountain, areas only by Sunrise Lane. 22. Ms. Hamilton Treick argued that the proposed boundaries will prevent four property owners from being included in the proposed City of Bull Mountain. Any property" that is not included in the annexation but is included in the boundaries of the proposed City of Bull Mountain will be included within the City of Bull Mountain if the voters improve • incorporation. As to the creation of islands, the City does not intend to use the island annexation process to annex territory if the island is created only by a road or a narrow strip of property. 23. Ms. Hamilton-Treick questioned the existing zoning designation of the property and the continued application of the Bull Mountain Community Plan. The property is currently zoned R-7 under the County's adoption of Tigard zoning. The annexation will not change the zoning. The ordinance does not provide that the Bull Mountain Community Plan will cease to be applicable to the property, so it will remain in effect as to the property. 24. Ms. Hamilton-Treick asked when the City will provide notice to LCDC of any change in zoning or plan provisions that affect the property. The City will provide notice if and when the zoning or plan provisions are changed. The questions asked by Ms. Hamilton- Treick do not provide any basis for denying the annexation petitions. 25. Ms. Hamilton-Treick argued that the City's record on Goal 5 resource protection is poor. The City Council disagrees with her statement. However, nothing in her argument relates to any applicable standard or criterion.' 26. Ms. Hamilton-Treick argued that the City Council did not set a date for the hearing and that an election is therefore required. The statutory requirement is to hold a hearing, and the City did hold a hearing. Ms. Hamilton-Treick appeared at the hearing. While ORS 5 138 222.120(2) does refer to the legislative body fixing the date for a hearing, the City Council has delegated authority to set all agenda items, including hearings, to the City Manager. City Council Groundrules, adopted by Resolution 0483. The matter was set for hearing by the City Manager, using the authority delegated by the Council. 27. Ms. Hamilton-Treick stated that a county commissioner stated that the property should be in the proposed City of Bull Mountain. That statement does not relate to any applicable approval standard or criterion. Ms. Hamilton-Treick further argues that the proposed City of Bull Mountain and the City of Tigard must work together, presumably on developing a portion of the City of Tigard property as a regional park. If the City of Bull Mountain is formed, the Tigard City Council anticipates that Tigard and Bull Mountain will work together and cooperate on a wide range of issues. 28. Ms. Hamilton-Treick asked that the record be kept open for seven days. The City Council granted that request. 29. Ms. Hamilton-Treick argued that the City should put the annexation on hold pending the vote on incorporation. The City can proceed with this annexation because the petitions were received before the incorporation was referred to the voters. 30. Ms. Hamilton-Treick submitted a letter from a deputy legislative counsel to Representative Jerry Krummel. That letter expressly states that the sole purpose of the • letter is to assist members of the legislature and that it is not to be considered or used as legal advice by any other person. The City will not consider the letter or use it as legal advice. 31. Much of Ms. Hamilton-Treick's oral testimony was the same as her written comments. None of the additional statements in her oral testimony addressed any applicable standard or criterion. Findings Related to Oral Testimony of Kinton Fowler 32. Kinton Fowler testified at the Septemer 26, 2006, hearing. He suggested that the City hold off on the annexation until after the November 7 election to avoid a legal dispute and to get the relationship between the City of Tigard and the proposed City of Bull Mountain off to a good start. Mr. Fowler did not argue that the City was legally precluded from going ahead with the annexation. Findings Related to Oral Testimony of Linda Rogers 33. Ms. Rogers questioned the suitability of the property for a park. The proposed park would be a nature park rather than a park with developed athletic fields. Her testimony did not raise any issue relevant to any applicable standard or criterion. 6 139 ft Revised October 5, 2006 FTIGAARD CITY COUNCIL MEETING er 10, 2006 6:30 p.m. ARD CITY HALL TIGARD' 5 SW HALL BLVD GARD, OR 97223 PUBLIC NOTICE: Anyone wishing to speak on an agenda item should sign on the appropriate sign-up sheet(s). If no sheet is available, ask to be recognized by the Mayor at the beginning of that agenda item. Citizen Communication items are asked to be two minutes or less. Longer matters can be set for a future Agenda by contacting either the Mayor or the City Manager. Times noted are estimateck it is recommended that persons interested in testifying be present by 7:15 p.m. to sign in on the testimony sign-in sheet Business agenda items can be heard in any order after 7:30 p.m. Assistive Listening Devices are available for persons with impaired hearing and should be scheduled • for Council meetings by noon on the Monday prior to the Council meeting. Please call 503-639-4171, ext 2410 (voice) or 503-684-2772 (TDD - Telecommunications Devices for the Deaf). Upon request, the City will also endeavor to arrange for the following services: • Qualified sign language interpreters for persons with speech or hearing impairments; and • Qualified bilingual interpreters. Since these services must be scheduled with outside service providers, it is important to allow as much lead time as possible. Please notify the City of your need by 5:00 p.m. on the Thursday preceding the meeting by calling 503-639-4171, ext 2410 (voice) or 503-684-2772 (IDD - Telecommunications Devices for the Deaf). SEE ATTACHED AGENDA COUNCIL AGENDA - October 10, 2006 page 1 140 i AGENDA TIGARD CITY COUNCIL MEETING October 10, 2006 6:30 PM • STUDY SESSION ➢ Briefing on Outreach and Education Meetings with Urban Renewal District Property and Business Owners concerning Land Use and Design Guidelines • Community Development Staff • EXECUTIVE SESSION: The Tigard City Council will go into Executive Session to discuss real property transaction negotiations under ORS 192.660(2)(e). All discussions are confidential and those present may disclose nothing from the Session. Representatives of the news media are allowed to attend Executive Sessions, as provided by ORS 192.660(4), but must not disclose any information discussed No Executive Session may be held for the purpose of taking any final action or making any final decision. Executive Sessions are closed to the public. TM PM 1. BUSINESS MEETING 1.1 Call to Order - City Council & Local Contract Review Board • 12 Roll Call 1.3 Pledge of Allegiance 1.4 Council Communications & Liaison Reports 1.5 Call to Council and Staff for Non-Agenda Items 2. CITIZEN COMMUNICATION (Two Minutes or Less, Please) • Tigard High School Student Envoy Jasmina Dizdarevik • Tualatin Resource Centex Annual Update - Director Catherine West • Follow-up to Previous Citizen Communication 3. CONSENT AGENDA: These items are considered to be routine and may be enacted in one motion without separate discussion. Anyone may request that an item be removed by motion for discussion and separate action. Motion to: 3.1 Receive and File: 3.1.a Council Calendar 3.1.b Tentative Agenda COUNCIL AGENDA - October 10, 2006 141 3.2 Local Contract Review Board 3.2.a Award contract for Hydrogeologist of Record 3.2.b Award Contracts for Traffic and Transportation Engineering Services on an as-Required Basis • Consent Agenda - Items Removed for Separate Discussion: Any items requested to be removed from the Consent Agenda for separate discussion will be mnsiderrd immediately after the Council has voted on those items which do not need discussion. 4. UPDATE ON THE 41sT BRIGADE BY THE AMERICAN LEGION • Staff Introduction: Administration Staff 5. RESOLUTION IN SUPPORT OF THE WASHINGTON COUNTY PUBLIC SAFETY LEVY a. Staff Report Police Department Staff & Washington County Sheriff Gordon b. Council Discussion C. Council Consideration: Approve Resolution No. 06- 6. UPDATE ON PROPOSED WASHINGTON COUN'T'Y COOPERATIVE LIBRARY SERVICES OPERATIONAL LEVY a. Staff Report: Library Staff b. Council Discussion 7. COMMUTER RAIL UPDATE a. Staff Introduction: Community Development Staff b. Council Discussion 8. PUBLIC HEARING (INFORMATIONAL) TO CONSIDER RESOLUTION NO. 06- FORMING SANITARY SEWER REIMBURSEMENT DISTRICT NO. 39 (SW HILL VIEW/102ND STREETS) a. Open Public Heating b. Declarations or Challenges C. Staff Report Engineering Staff CL Public Testimony: Proponents Opponents COUNCIL AGENDA - October 10, 2006 142 e. Staff Recommendation f. Close Public Heating g. Council Consideration: Approve Resolution No. 06- 9. CONSIDER ANNEXATION OF THE CACH CREEK AREA (ZCA 2006-00002) a. Staff Report Community Development Staff b. Council Discussion C. Council Consideration: Approve Ordinance No. 06-15 10. COUNCIL LIAISON REPORTS 11. NON AGENDA ITEMS EXECUTIVE SESSION: The Tigard City Council may go into Executive Session. If an Executive Session is called to order, the appropriate ORS citation will be announced identifying the applicable statute. All discussions are confidential and those present may disclose nothing from the Session. Representatives of the news media are allowed to attend Executive Sessions, as provided by ORS 192.660(4), but must not disclose any information discussed. No Executive Session may be held for the purpose of taking any final action or making any final decision. Executive Sessions are closed to the public. 12. ADJOURNMENT c\2dm\cathy\cca\2006\061010p_doc COUNCIL AGENDA - October 10, 2006 143 Agenda Item # Meeting Date 10/10/2006 COUNCIL AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue/Agenda Tide Cach Creek Area Annexation (ZCA2006-00002) Prepared By. Emily Eng Dept Head Approval -City Mgr Approval: ISSUE BEFORE THE COUNCIL Shall City Council approve annexation of 35.78 acres of land (Zone Change Annexation - ZCA2006-00002) located adjacent to and west of SW Sunrise Lane, including right-of-way on SW Sunrise Lane? The proposed territory is contiguous to City limits and can be served by urban services. STAFF REcom ENDATioN Adopt the recommended ordinance annexing the proposed territory into the City of Tigard. KEY FACTS AND INFORMATION SUMMARY 0-ty Council held a public hearing on Sept 26, 2006 concerning the Cach Creek Area Annexation and agreed to continue the hearing on October 10, 2006. Council held the record open until October 3, 2006 until 3 p.m. Supplemental informati on and public comments were submitted and are attached to Addendum 1 of the hearing packet Addendum 1 is a memo identifying revisions to the staff report presented at the September 26a' hearing. The staff report has been revised to reflect a change to the proposal and a tax map error. On September 25, 2006, John Noffz, an applicant, withdrew two parcels totaling 6.11 acres from the proposed annexation territory. Therefore, those tax lots have been removed and the total acreage of the proposed territory has been changed from 40.93 to 35.78. In addition, one tax lot number will be removed from the proposal because of the tax map error. State law (ORS 222.120(4)(6), ORS 222.125, and ORS 222.170(1) and (2) authorizes a city to annex contiguous territory when owners of land in the proposed annexation territory submit a petition to the legislative body of the city. The owners of the properties in the proposed territory have submitted petitions for annexation to the City of Tigard. The City invited adjacent owners to join the annexation; three have expressed interest, but their properties have not been included with this proposal due to time limitations and notice requirements. The proposed annexation territory includes eight (8) parcels of unincorporated territory totaling 35.78 acres (a new survey concludes this is the correct acreage). The proposed territory is contiguous to the City of Tigard on the City's western boundary, including the SW Sunrise Lane right-of-way. Goal 5 and Bull Mountain Community Plan natural resources exist on a majority or portions of the properties in the proposed territory. Most of the proposed territory is publicly owned and will be used for the purposes of a reservoir and parkland. Two tax lots, which make up 3.03 acres, are privately owned No development applications have been submitted for any of the parcels. 144 te applicable review criteria for this application are ORS Chapter 222; Metro Code Chapter 3.09; City of Tigard Comprehensive Plan Policies 2 and 10, and Community Development Code Chapters 18.320 and 18.390. Staff finds that the proposed annexation (ZCA2006-00002) meets all the approval criteria and recommends that the Council approve ZCA2006-00002 by adoption of the attached ordinance. Key Facts: 1. The proposed territory is contiguous to City limits; 2. Urban services are available to serve the proposed territory; 3. The proposed territory is within the City's Urban Growth Boundary and Metro's Urban Growth Boundary; and 4. The proposed territory is within the City's Urban Service Area and Area of Interest OTHER ALTERNATIVES CONSIDERED Not approving ZCA2006-00002 if it does not meet the applicable review criteria. COUNm GOALS AND TIGARD BEYOND TOMORROW VISION STATEMENT Growth and Growth Management, Goal #2: Urban services will be provided to all citizens within Tigard's urban growth boundary. ATTACHMENT LIST Ottachment 1: An Ordinance Annexing 35.78 Acres, Approving Cach Creek Area Annexation (ZCA2006-00002) and Withdrawing Property 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 Exhibit A: Legal Description of Proposed Territory Exhibit B: Washington County Taxation and Assessment Map for Proposed Territory Exhibit C: Site and Vicinity Map Exhibit D: Petition for, and Consent to, Annexation to the City of Tigard Exhibit E: Staff Report to the City Council Addendum 1: Memo Concerning Revisions to Staff Report Supplemental Exhibit A: Supplemental Findings in Support of the Cach Creek Area Annexation Supplemental Exhibit B: Additional Information and Public Comments Submitted to the Record Supplemental Exhibit C: Assessed Value of Properties to be Annexed FISCAL Nom If approved, the proposed annexation territory would not be transferred to the City's tax roll until July 1, 2007. Annexations must be final by March 31 of the same calendar year for the tax year beginning July 1. 145 CITY OF TIGARD, OREGON • TIGARD CITY COUNCIL ORDINANCE NO. 2006- AN ORDINANCE ANNEXING 35.78 ACRES, APPROVING CACH CREEK AREA ANNEXATION (ZCA2006-00002), AND WITHDRAWING PROPERTY 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. WHEREAS, the City of Tigard is authorized by ORS 222120(4)(6), ORS 222.125, and ORS 222.170(1) and (2) 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 boundary of the Tigard Water District, the 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 upon completion of the annexation; and WHEREAS, the Tigard City Council held a public hearing on September 26, 2006, to consider the annexation of eight (8) parcels (WCTM 2S105DB, Tax Lots 6100, 6200 & 400; WCTM 2S105DC, Tax . Lots 201, 300 & 400; and WCTM 2S105DD, Tax Lots 200 & 300) of land located adjacent to and west of SW Sunrise Lane, and adjacent to and north of SW Bull Mountain Road, including right-of-way on SW Sunrise Lane and withdrawal of said property from the Tigard Water District, 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; and WHEREAS, pursuant to ORS 222.520(2) the City is liable to the Water District for certain debt obligations, however, in this instance the Water District has no debt for the City to assume, therefore, no option regarding the assumption of debt needs to be made; and WHEREAS, pursuant to Metro 3.09, ORS 222.120 and 222524, notice was given and the City held a public hearing on the issue of the annexation into the City and withdrawal of the annexed property from the Tigard Water District, the 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 on September 26, 2006; and WHEREAS, pursuant to ORS 222524, the City must declare the withdrawal of annexed properties from the Tigard Water District, the 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 by Ordinance; and ORDINANCE NO.20067 ZC -00002 Cach Creek 146 Page 1 of 3 WHEREAS, the Tigard Development Code states that upon annexation, the zone is automatically • changed to the City zoning most closely conforming to the County zoning; 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 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 parcels described in the attached Exhibit "A" and shown in Exhibit "B" and withdraws said parcels from the Tigard Water District, 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. SECTION 2: The Tigard City Council adopts the "Staff Report to the City Council," as amended by the memorandum from Emily Eng, dated October 5, 2006, as findings in support of this decision; a copy of the staff report including the amending memorandum is • attached hereto as Exhibit "D" and incorporated herein by this reference. SECTION 3: The Tigard City Council adopts "Supplemental Findings in Support of Cach Creek Area Annexation" as findings in support of this decision. A copy of the Supplemental Findings in Support of the Annexation is attached as Exhibit A to Addendum 1 to the Staff Report and incorporated by this reference. 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: City staff is directed to take all necessary measures to implement the annexation, including certified copies of the Ordinance with Metro for administrative processing, filing with state and county agencies as required by law, and providing notice to utilities. SECTION 6: Pursuant to ORS 222.120(5), the effective date of the withdrawal of the property 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 this annexation. SECTION 7: Pursuant to ORS 222.465, the effective date of the withdrawal of this property from the Tigard Water District shall be July 1, 2007. ORDINANCE NO. 200& ZCAM-00002 Cach Creek Page 2 of 3 147 SECTION 8: In accordance with ORS 222.180, the annexation shall be effective upon filing with the • Secretary of State. PASSED: By vote of all Council members present after being read by number and title only, this day of , 2006. Cathy Wheatley, City Recorder APPROVED: By Tigard City Council this day of , 2006. Craig Dirksen, Mayor Approved as to form. City Attorney Date ORDINANCE NO. ZAO(r ZCA20W4=02 Cach Creek 148 Page 3 of 3 EXHIBIT A ANNEXATION DESCRIPTION A tract of land situated in the Section 5, Township 2 South Range 1 West Willamette Meridian described as follows. Beginning at the Northeast Comer of Stanhurst; thence N 00° 47' 29" E a distance of 1227.67 feet thence N 00° 47'29" E a distance of 225.00 feet; thence S 88° 52' 17" E a distance of 341.09 feet; thence S 00° 4T 29" W a distance of 225.00 feet thence N 88° 52'17" W a distance of 117.09 feet thence S 00° 11' 04" E a distance of 348.04 feet thence S 89° 12' 3T' E a distance of 420.08 feet; thence S 01012' 28" W a distance of 615.64 feet thence N 88° 41'47" E a distance of 356.41 feet to the westerly right-of-way of SW Sunrise Lane; thence along the said westerly right-of-way the following 7 courses; thence N 14° 18' OT' W a distanceof 1136 feet thence N 16° 59'53" E a distance of 9268 feet thenceN 43° 18' 47" E a distance of 111.75 feet; thence N 04° 36'28"E a distance of 155.66 feet; thenceN 010 25'58"E a distance of 131.41 feet; thence N 18° 08' 48" W, along said westerly right-of-way, a distance of 101.59 feet thence N 05° 04' 06" 1 y along said westerly right-of-way, a distance of 89.57 feet; thence S 84° ST S4" E leaving said westerly right-of-way, a distance of 40.00 feet to the easterly right-of-way of SW Sunrise Lane; thence N 84° 18' 39" E a distance of 123.69 feet thence S 87° 13' 42" E a distance of 31282 feet; thence S 010 01' 50" W a distance. of 304.42 feet; thence N 890 28' 08" W a distance of 40921 feet to the easterly right-of-way of SW Sunrise Lane; thence, along said easterly right-of-way the following 8 courses, S 01° 25' 58" W a distance of 1128 feet thence S 04° 36'28" W a distance of 171.82 feet thence S 43° 18'47" W a distance of 116.45 feet; thence S 16° 59' 53" W a distance of 7212 feet thence S 14° 18'07" E a distance of 184.66 feet thence S 04° 12' 11" W a distance of 330.61 feet; thence S 00° 35' 17" W a distance of 32291 feet thence S 00° 15' 17" W a distance of 68.92 feet to the northerly right-of-way of SW Sunrise Lane; thence S 89° 49'00" E, along said northerly right-of-way, a distance of 237.80 feet thence S 00° 43'00" W, along said northerly • right-of-way, a distance of 20.00 feet thence S 89° 49'00" E, along said northerly right-of-way, a distance of 920.60 feet thence S O0° 56'05" W a distance of 20.00 feet thence N 89° 49'00" W a distance of 4.92 feet to the northwest comer of lot 19 Bull Mountain Estates; thence S 00° 11'00" W, along the west line of said lot 19, a distance of.15.00 feet to the extension of the southerly right-of-way of SW Sunrise Lane; thence N 89° 49' 00" W, along said southerly right-of-way, a distance W251.37 feet to the northwest comer of lot 18 Bull Mountain Estates; thence N 00° 25' 58" E, a distance of 15.00 feet to the northwest comer of Bull Mountain Estates; thence N 89° 49'00" W, along southerly right-of-way of SW Sunrise Lane, a distance of 941.78 feet to the westerly right of way of SW Sunrise Lane; thence N 00° 15' 1T' E, along said westerly right-of-way, a distance of 109.57 feet; thence N 00° 35' 17" E, along said westerly right-of-way, a distance of 175.45 feet; thence N 89° 47' 37" W a distance of 310.04 feet thence S 00° 31' 09" W a distance of 130.19 feet; thence N 89° 49' 00" W a distance of 284.88 feet thence S 00° 47' 38" W a distance of 155.00 feet; thence N 89° 49' 00" W a distance of 135.00.feet thence N 00° 47'38" E a distance of 155.00 feet thence N 89° 49' 00" W a distance of 300.00 feet to the easterly line of Stanhurst thence N 00° 47' 29" E, along said easterly line, a distance of 510.55 feet to the'point of beginning Containing 35.78 acres. ANNEXATION CERTIFIED R E G I S T E R E D PROFESSIONAL BY LAND SyRdEYOR oC 0 2 206 WASHINGTON COUNTY A& T Op E G O H July . 1980 's AD CARTOGRAPHY JOHN R HLEY 1 8'9 4 149 EXCEPTING A tract of land situated in the Section 5, Township 2 South Range 1 West Willamette Meridian described as follows: Conimeucing at the Northeast Comet of Stanhurst; thence N 00° 4T 29" E a distance of 26271 feet; thence S 89° 10' 59" E a distance of 624.11 feet; thence S 01* 05'50P W 10.03 feet; thence N 88° 41' 59" E a distance of 217.00 feet to The True Point of Beginning; thence S 05° 00' 48" E a distance of 227.46 feet; thence S-05° 07'52" W a distance of 115.66 feet; thence S 89° 49' 00" E a distance of 181.95 feet; to the westerly right of way of SW Sunrise Lane; thence N 04° IT 11" E, along the westerly right-of-way of SW- Sunrise Lane, a distance of 183.76 feet; thence N 14° 18' 07" W, along the westerly right-of-way of SW Sunrise Lane, a distance of 168.15 feet; thence S 88° 41'59" W a distance of 163.44 feet to the true point of beg ring Containing 1.42 acres ANNEXATION CERTIFIED BY • OCT 0' 2 2006 WASHINGTON COUNTY A& T CARTOGRAPHY RfGISTIRB~ pROFESSIONA , LAND SURVEYOR axFt:~ag seem Ar- t»aF3~ti ill` ?rtwmosa.naeme - - . 150 k ur 4 Z' ~k►r r~l;+;;~ ;;p , . vi' 3 Sd 2S 1 01 to &u ET (CR.2873) ttl SW INTEROREEN~ 4:1, r" ry 3,t x1. , y Z W r e Q ,o,ttl Q J .snNO SW MAYVIEW WAY , f0 ~ 7000 q 7100 ~ 7700 m , r 74 y :a ~ to Vj 1 i , 7aoN ,ooN t1o/ ,no ~ 0 1 y st t0 f1 '0000 417 71021 vo tt :s 41ao r 17 d .100 4700 Np0 YARROW WAY SW % ✓ m w A Y v 147P' 13 1300 ,100 IOOD r IeNN TREE DRIVE ` 7'0D ' aw Is u 17 3 T • WASHINGTON COUNTY OREOO! NW114811146ECTWN05T28RIWW.M d 7000 0p MJ1u,•-,00• $No U 1700 J 0700 0100 0000 0000 7100 9 ~0 a10e 0 O u 71 70 4040M q 7!000 4f G 4' 40 ' ■ i J w4 ) 0100 8 YARROW ` ; WAY k,. w • e~ r , ~nnq " • 4Y. 1 Ix . ' 1' ! R WAY roaACOrrtMAPS WartOURweasoeAT 7w 51-78 " hlp,On.aa4 • ~ ~ INN 7! '~ir' •~^i "a~• ' 1. e' rl , vm..TCnPWM11r!!: {rs94'rtnlR.I:t4C 4.M A6 {Yj Vy, f I~/!' wiQ t ~V, ~ ~ m 1 1 ~ , Qr10107A Tb00f0 P01, 7,0000 tl i 1 r , .,NN,.7N.NNN,7NN. K r TAI a"^{ ANNEXATION CERTIFIED 400 • 8 t ~ n ~ O T O 12008 cc 4 Y ` i, G ! d 1 1 i',}', i~ ' ~,e WASHINGTON COUNTY A A T CARTOGRAPHY 2881) WAY: r .b • i' I xr 1'1 of ~a. ~'a T~. h~ Aa.3 n,, 4 t4 , rM I PLOT DATE: Me 23, 2002 1 E _ d ~t4' tr ~~'~i FO E E3 9'` ,f ~sS I,• , fii' +y+r; 0 F M{ .Iii ~ ~k } ~~4} MiNwaM-r/MMirO'4'wsOr.ser+rtnw ~ - "zTi ~"'ttiti~ e+~+w rww.s.r..e~aiwle.r7»wer ~~;anwOMM'Or.uilla nMrarrtlw 4p1~~414 ~ S +'•7~5 ~,r4 •v m4 ( ~ uI •4 rs.wa.awrwr. fi`t~i t *4w, frIT '4 ^lN. .,r v, ...1 , i tj~t I ` r ~ ; Aft ~ 7' .♦`'~act x~~; ~ a~~~~, ' c r I s: f "`t ~ ` .h11 , _..fJa`s~ i' ~ rk t' ~ t B N n , 1S..i 1a., , 'r;.~~~ ¢ _ _ _ . 2S 1 05DC 2S 1 05DC •t t: 8 'tAJ lti r t «w ,Ma~~ a• R•w' D •Jlt. i.a! 777 tr W ! AY W :T•I~ :.t 1• \ ~p y y 860.• i'':.'''•.:",:':,':'' K :i i ;f ''i%' a J' W z '•4 F_ J d .a ` WASHINGTON COUNTY OREGON 8W11i881f18ECT101 1100. 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Assessment `x,';:r•• :Jr; \ r' ^ PLOT DATE: September 05, 2000 FO•pAgf E7y~~y~(, /,D,~•R §E8 A;, 6 _ Mf+~'•Mb.J•M•Ib•4w'yq•N•dJ►dMOaN•P•tN•0 r ~ ; O•.MPi.b0ooe0ML rc w. twrA ft 1/W • •'j',i/;'; ' bbNacaaa.abw/as •2S 1y05DC 5DC t a c m~ . N~~ t rti! AIc: 2S 1 0601 ,y ~ o,0"'s •s ir,t x .v' t. h~ x~~ m ~t~r~ ti. 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"Zr ',:::'•:5•...j,'i' mwi>, f Iatla.a a'rttt~ a✓' 2 '~~7 1`I ODYI): ''.9>r, PLOT DATE:Pobnu 23,2008 i..if r~ t;:Rl'~; i ym t as qq I ~~1r4 f01~~1$j$'_E!j J~ry~jl <t { te,»n I 9 I_e y., a.'• 1M FQF~RY LL .44 Ac u: F.•.r••t2,.~~.• y ttm 11 t.ata I ..na- ~,r~r~,°~~;'1r,1'..:: .ti~M~~~;'.:..{: wrYweM.arO'Mete~oeae»A~y it 9 i ,el.n t l ~ , • 4 FI,~'}ta ,t erlewerrwlMOyyMw/awIlalIWRrNwr ttm ttm ~~ONrwO&APM i wAn }~~J t, 41 F[a~ u.t j j Y r .tTr16 Jeb N)k ~,~a i ry{jrk~t~~ t 1 i t totwu 2 78 5 vi.. a 55 we.eey e %2~FN„ is aYrIR`~ aogaaupewa aaaaaa 4' .}Y 1 OOOORAPNIO INFORMATION IYSTSM V ZCA2006-00002 _ Cach Creek Area W S Annexation • a F PROPOSED ° •d F arrO Ro. ANNEXATION AREA rgtrd Ara* Wp, City of Tigard City Limits Proposed Annexation Area Sunrise Lan N ~r lnfomubn on We map is for panaral baa500 WY and MOM brwAnad w5n Na Davslopnunt SWC68 OMSbn. 13125 OW Han Blvd Tigard, OR 57227 (557) 67941 nlto9Avww.oLU Community Development Plot data: Oct 8, 2008; C:1m8AGIC03APR TO THE .CCICIL OF THE CITY OF TIGARD, OREGON: On behalf of the Tigard Intergovernmental Water Board and to the extent of the Board members' ppropperty interest in the properties described below as Board Chairman I Hereby petition for, and ggive consent to Annexation of said property to Te City of Tigard, We understand that the City will review'this request in accordance with ORS Chapter 22~ and-applicable regional and local policies prior to approving or'denying the request for Annexation. LEGEND: PO - Property Owner RV - Registered Voter PAGE j OF OV - Property & Registered Voter I AMA PROPERTY DESCRIPTION SIGNATURE PRINTED NAME PO RV OV ADDRESS Township/, Map Tax Lot Precinct DATE . section Number. Number Number ux444 .Sac t4CjgCAJC #1 c S sw aJ€iv t.tr 4'122 2S-1 W5 , D8 400 6200 6100 2S-1 W5 DC 100 200 300 4.00 o0 - v C„ t:\curelnMasterelrevlsedlanxpetn,mst 16-Aug-02 TO THE C&CIL OF THE CITY OF TI,GARD, OREGON: On behalf of the Tiggard Intergovernmental Water Board and to the extent of the Board members' property Interest in the properties described. below as Board Cf"iairma,n I hereby petition for, and gve consent to Annexation of said property to the City of Tigard. We understand that the City will review this request in accordance with b S Chapter 22~ and applicable regional and local policies prior to approving or denying the request for Annexation. LEGEND: P.0 - Property Owner RV - Registered Voter PAGE 2. OF OV - Property Owner & Registered Voter I AMA PROPERTY DESCRIPTION. SIGNATURE PRINTED NAME PO RV OV ADDRESS Township/ Map Tax Lot Precinct DATE Section Number Number Number 2S-1W5 DB 400 t Sw srawt-j cr ? 6200 .p 6100 25-1 W5 DC 100 200 300 400 G a` 1:lcurplnlmastem\revlsedlanxpetn.mst 15-Aug-02 TO THE CACIL OF THE CITY OF TIGARD - OREGON: On behalf of the.Tiggard Intergovernmental Water Board and to the extent of the Board members' property Interest in the properties described below as Board Chairman I hereby petition for, and give consent to, Annexation of said property to the City of. Tigard. We understand that the City will review-this request in accordance with ORS Chapter 222 and applicable regional and local policies prior to approving or denying the request for Annexation. LEGEND: PO - Property Owner RV - Registered Voter PAGE 3 OF , OV -Property Owner & Re istered.Voter I AM A PROPERTY DESCRIPTION SIGNATURE PRINTED NAME PO RV OV ADDRESS Township/ Map Tax Lot Precinct DATE Section Number Number Number 2S-1 W5 DB 400 6200 • KEG s0A Mpss w G 6100 •y{q 2S-1 W5 DC 100 200 300' 400 ~4 I;\curpln\masters\revlsed\anxpetn.mst 15-Aug-02 . 1 TO THE C&CIL OF THE CITY OF TIGARD, OREGON: On behalf of the Tigard Intergovernmental Water Board and to the extent of the Board members' property interest in the properties described . below as Board C~iairman I hereby petition for, and give consent to Annexation of said property to the City of Tigard. We understand that the City will review this request In accordance with ORS Chapter & and applicable regional and local policies prior to approving or denying the request for Annexation. LEGEND: PO - Property Owner RV - Registered Voter PAGE q OF OV - Property Owner & Registered Voter I AMA PROPERTY DESCRIPTION SIGNATURE. PRINTED NAME PO RV OV ADDRESS Township/ Map Tex Lot Precinct DATE Section Number Number Number 2S-1W5 DB 400 6200 6100 Sc F c 1>4AIC t 3 Suu s: t ~£N cr 4?&& 2S-1 W5 DC 100 •2S •o 200- 300 400 G I:lourpinlmasterslrevisedlanxpetn.mst 15-Aug-02 TO THE CACIL OF THE CITY OF TIG RI)OREGON: On behalf of the Tiggard Intergovernmental Water Board and to the extent of the Board members' property interest in the properties described below as Board C~iairman I Hereby petition for, and give consent to Annexation of said property to the Cityy of Tigard, We understand that the City will review this request in accordance with ORS Chapter 221 and applicable regional and local policies prior to approving or denying the request for Annexation, LEGEND: PO - Property Owner RV • Registered Voter PAGE OF 'C OV - Property Owner & Registered Voter [AM A PROPERTY DESCRIPTION SIGNATURE PRINTED NAME PO RV OV ADDRESS Township/ Map Tax Lot Precinct DATE Section ' Number Number Number 2S-1W5 DB -400 6200 6100 2S-1 W5 DC 100 St 4r4A GK SS sw rtEMF/~+cr ?223 200 •0 AZA SL 300 400 I;\curpln\masters\revlsed\anxpetn.mst 15-Aug-02 Lo TO THE CARICIL OF THE CITY OF TIGARD, OREGON: On behalf of the Tigard Intergovernmental Water Board and to the extent of the Board members' property interest in the properties described below as Board Chairman I hereby petition for, and give consent to Annexation of said property to the City of Tigard. We understand that the City will review this request in accordance with ORS Chapter 222 and applicable regional and local policies- prior to approving or denying the request for Annexation. LEGEND; PO - Property Owner RV - Registered Voter PAGE OF OV -Property Owner & .Re istered Voter I AMA PROPERTY DESCRIPTION SIGNATURE PRINTED NAME PO RV OV ADDRESS Township/ Map Tax Lot Precinct DATE Section Number Number Number 25-1 W5 DB 400 6200 6100 2S-1 W5 DC 100 200 c.te~'cotn~c S•w C-r T 300 • r, •o 400 0 1:\curpln\masters\revlsed\anxpetn.mst 15-Aug-02 TO THE CACIL OF THE CITY OF TIGARD, OREGON: , On behalf of the Tigard Intergovernmental Water Board and to the extent • of the Board members' property interest in the properties described below as Board Chairman I Hereby petition for, and give consent to Annexation of said property to the City of Tigard. We understand that the City will review this request in accordance with ORS Chapter 221 and applicable regional and local policies prior to approving or denying the request for Annexation. LEGEND: PO - Property Owner RV - Registered Voter PAGE ILOF 7- OV - Property Owner & Registered Voter I AM A PROPERTY DESCRIPTION SIGNATURE PRINTED NAME PO RV OV ADDRESS Township/ Map Tax Lot Precinct DATE Section Number Number Number 2S-1 W5 DB 400 6200 6100 2S-1 W5 DC 100 200 300 Lj!~ 21 Uj)d &d Ef l) ER.t C. 1( f 3 (0 99 w N C 400 I;\curpln\masters\revlsed\anxpetn.mst 16-Aug-02 o. TO THE ANCIL OF THE CITY OF TIGARD, OREGON: We, the undersigned owner(s of the property described below and/or elector(s) resldingg at the referenced location(s), hereby petition for, and give consent to, Annexation o said property o the City of Tigard. We understand that th'e City will review this request in accordance with DRS Chapter 222 and applicable regional and' local policies prior to approving or denying the request for Annexation. LEGEND: PO - Property Owner 'RV - Registered Voter PAGE OF OV - Proert - Owner & Re istered Voter 1 AM A PROPERTY DESCRIPTION SIGN TURE - P. RINTED NAME PO RV OV ADDRESS Townships Map Tax Lot Precinct DA Section Number Number Number 2)5W,51 .Ej CA4 etFre;4. - 12 0 F i 7"Z::; CLI QC 2-0/ • / 3/2S St.~ h~~L ~v~ or ?7 2.Zs CN N i:\curptn\masters\revised\anxpeln.mst 15-Aug-02 TO THE COUNCIL OF THE CITY OF TIGARD, OREGON.: We, the undersigned owner(s) of the property described below and/or-elector(s) residingg at the referenced location(s) hereby petition for, and 8RS ve consent to, Annexation of said property o the City of7lgard. We undersand that th'e City will review this request in accordance with Chapter 222 and applicable regional and- local policies prior to approving or denying the request for Annexation. LEGEND: PO - Property Owner RV - Registered Voter PAGE i OF. OV - Property Owner & Registered Voter I AM A PROPERTY DESCRIPTION IGN . PRINTED NAME. PO RV OV ADDRESS Townshipl Map . Tax Lot Precinct DATr- Section Number. Number Number oN w I:\curpln\mesters\revised\enxpetn.mst 15-Aug-02 • EXHIBIT E Agenda Item: Hearing Date: September 26, 2006 Time, 7:30 PM STAFF REPORT To THE CITY COIfNCI:'L - FOR-THE CITY QF TIG1D,.QREGON • 120 DAYS = N/A SECTION I. APPLICATION SUMMARY FILENAME. CACH CREEK AREA ANNEXATION CASE NOS: Zone Change Annexation (ZCA) ZCA2006-00002 APPLICANT/ COORDINATOR City of T~gatd OWNER: City of Tigard (Multiple Contact: Beth St Amand Conti Dennis Koellermeier applicants): 13125 SW Hall Blvd. Tigard, OR 97223 13125 SW Hall Blvd. Tigard, OR 97223 OWNER Tigard Water District OWNER: Jon Dyer PO Box 23000 PO Box 848 Tigard, OR 97223 Lake Oswego, OR 97304 OWNER Sun Ridge Builders, Inc./ Brentwood Homes Contact: John Noffz 15170 SW Finis Lane Tigard, OR 97224 PROPOSAL: The applicant is requesting annexation of tw lue-(4~ eleven (11) yarcels and the Sunrise Lane right-of-way containing 41.41 a total of 40.93 acres into the City of Tigard . LOCATION: Abu" and west of Sunrise Lane, and abutting and north of SW Bull Mountain Road, including right-of-way on SW Sunrise Lane; Washington County Tax Assessor's Ma No. (WCTM) 2S105DB, Tag Lots 6100, 6200 & 400; WCTM 2S108AB, Tax Lots 1200 & 1201; WCTM 2S105DC, Tax Lots 100, 201, 300 & 400; and WCTM 2S105DD, Tax Lots 200 & 300. CURRENT ZONING DESIGNATION: R-6 District (Residential 6 Units Per Acre). The purpose of the Washington County R-6 District is to implement the policies of the Comprehensive Plan for areas designated for residential development at no more than six (6) units per acre and no less than five (5) units per acre, except as specified by Section 300-2 or Section 303-6. The intent of the R-6 District is to provide the opportunity for more flexibility in . development than is allowed in the R-5 District CACH CREEK AREA ANNEXATION 164 ZCA2006-00002 EQUIVALENT CITY ZONING DESIGNATION: R-7: Medium-Density Residential District The City of Tigard R-7 zoning district is designed to accommodate attached single-family homes, detached single-family homes with or without accessory residential units, at a minimum lot size of 3,000 square feet, and duplexes, at a minimum lot size o€10,000 square feet Mobile home parks and subdivisions are also permitted outright Some civic and institutional uses are also permitted conditionally. APPLICABLE REVIEW CRITERIA: ORS Chapter 222, Metro Code Chapter 3.09, Comprehensive Plan Policies 2 and 10, Community Development Code Chapters 18320 and 18390. SECTION 1 1. -RECOMMENDATION SECTION III. BACKGROUND INFORMATION Site Information: The subject site is located along the western boundary of the City of Tigard-, the majority of Sunrise Lane is contiguous to the City limits. The site is part of unincorporated Bull Mountain and the City of Tigard's Urban Service Area. The subject site is predominantly in public ownership and is either currently used for public purposes or will be in the future. The City, intends to use the publicly owned land for the purposes of a reservoir and parkland. The Menlor Reservoir provides public water storage facilities for the Tigard Water District The subject site also includes land banked for the Cache Creek Natural Area and future public water facilities: The City of Tigard Water Distribution System Hydrau& Study (May 2000) shows a future 550'-elevation-zone Reservoir #1 located on City-owned land adjacent to Sunrise Lane. The subject site also includes residential land (vacant and in current use). There are four primary structures located on the subject site: the Menlor Reservoir and three homes. The City approved a lot line adjustment (MIS2006-00012) for 2S105DC, Tax Lot 100 on July 7, 2006. The two southernmost residential parcels (2S108AB, Tag Lots 1200 and 1201) are currently under development review, the owner has submitted separately a land use application for a 17-lot subdivision with a total of 30 dwelling units (SUB2006-00003). The application was submitted to the City on January 31, 2006 when the City still provided development services to the Urban Service Area as agreed in the Washingft County - Tigard Urban Services Intergovernmental Agrument (terminated July 20, 2006). This application is a separate land-use decision with its own set of review criteria and will not be addressed-in this report The majority of the subject site contains steep slopes, defined as 25% slope or greater. The City of Tigard Community Development Code requires Sensitive Lands permits for development on parcels with steep CACK CREEK AREA ANNEXATION 165 ZCA2006-00002 i i i slopes. There are two wetlands designated as Title 3 wetlands in the subject area Goal 5 and Bull Mountain Community Plan natural resources exist on a majority or portions of the subject tax lots, protection for which will be considered if or when any of the proposed-territory develops. SECTION IV. APPLICABLE REVIEW CRITERIA, FINDINGS AND CONCLUSIONS State: ORS Chapter 222 Regional: Metro Code Chapter 3.09 City-. Comprehensive Plan Policies 2 and 10, Community Development Code Chapters 18320 and 18.390. A. Cm of 1riGARD CommuNrff DEyELOPMEm CODE (Irrt.E 18) Staff has determined that the proposal is consistent with the "relevant portions of the Community Development Code based on the following findings- IL Chapter 1832A.020. Approval Process and Standards B. Approval Criteria. The decision to approve, approve with modification, or deny an application to annex property to the City shall be based on the following criteria: L All services and facilities are available to the area and have sufficient capacity to provide service for the proposed annexation area; and The City of Tigard Comprehensive Plan's Urbanization Chapter (Policy 10.1.1) defines services as water, sewer, drainage, streets, police' and fire protection. Each service is addressed below. Policy 10.1.1 further defines capacity as "adequate capacity, or such services to be made available," to serve the parcel "if developed to the most intense use allowed," and "will not significantly reduce the level of services available to developed and undeveloped land in the City of Tigard." The proposed annexation territory is currently zoned R-6, a Washington County residential zone designated for residential development at no more than six (6) units per acre and no less than five (5) units per acre. With annexation, the subject site's zoning would change to R-7 per Table 320.1 (Title 18). This equivalent city zoning provides for medium-density, single-family residential with a minimum residential lot size of 5,000 square feet As noted earlier, the subject site's current and planned uses are mostly public water provision and a natural area. The property deeds for certain parcels limit the City to these two uses. If the remaining 9.14 residential acres were developed to their designated capacity of 7 units per gross acre, without allowance for the sensitive lands present, the sites could accommodate approximately 63 units total. This gross calculation breaks down as follows two northeast parcels (Dyer), 21 units; two southwest parcels (Brentwood), 42 units. These figures were used for City department evaluations of Policy 10.1.1 of the available services. When these sites develop, the applicant will be required to connect to public service facilities. The land use review process will identify specific service provisions and require additional facilities or upgrades as appropriate, as well as consider the sensitive lands present Water - City of Tigard Public Works. The City of Tigard's water system has the capacity to provide the minimum State of Oregon wares service requirements for the proposed annexation, CACH CREEK AREA ANNEXAMN 166 ZCA2006-00002 according to Public Works Dept Project Engineer Rob Murchison. Murchison's review concluded that the parcels developed to the most intense use allowed will not significantly reduce the level of services available to developed and undeveloped land within the City of Tigard Attachment A includes Murchison's Aug. 16, 2006, memo and a map of water serviceability to the annexation area that identifies area water lines. Murchison's memo also motes that the proposed development . (Brentwood) may require upsizing and a 8" connection to the existing system; again, that application is a separate land-use decision with its own set of review criteria and will not be addressed in this report The land-use review process will identify specific service provisions and require additional facilities or upgrades as appropriate based on the specific development proposal Tigard City Engineer Gus Duenas further confirms that the City has adequate capacity ("Memorandum," Attachment B) and states that "the City has the-ability and capacity to determine what specific improvements may be needed and the ability and capacity to provide service through its existing -system and any additional infrastructure that will be required when development " occurs. Sewer - Clean Water Services/City of Tigard. Tigard City Engineer Gus Duenas ("Memorandum," Attachment B) reviewed the proposal and provided the following comments: "Sanitary sewer service is provided at the retail level by the City and at the wholesale level by Clean Water Services (CWS). As to the capacity of the City's system, the City is capable of providing retail level sewer service without significant reduction in the level of services provided to developed and undeveloped properties in the City. As with the water system, some local lines will be required to be provided by the developer at the time of the development The City is prepared to accept, operate and maintain public sewers constructed within the annexed area. Sewer service can be extended from CWS facilities in Menlor Lane and 154' Avenue located north of the site- The City is capable of determining what additional facilities will be required and -of administering all portions of the retail sanitary sewer system, both existing and future additions in the area to be annexed, without significant reduction in the level of services provided to properties in the City." Drainage - Clean Water Services/City of Tigard. Tigard City Engineer Gus Duenas ("Memorandum," Attachment B) reviewed the proposal and provided the following comments: "Storm drainage service, like sanitary sewer service, is provided jointly by the City and CWS. Site specific drainage facilities will be required at the time of development and will be developed and constructed in accordance with City standards. The retail system as the capacity to provide adequate storm drainage without significant reduction in the level of services provided to developed and undeveloped properties in the City." Streets - City of Tigard Capital Construction & Transportation Division. The City's Transportation System Plan (TSP) standards apply. The proposed annexation territory is located adjacent to Sunrise Lane, which is designated a neighborhood route in the City's Transportation System Plan (I'SP). In addition, the southernmost portion of the proposed annexation territory (WCTM 2S108AB01201) fronts directly on SW Bull Mountain Road, which the City's TSP designates as a collector. Additional roads to serve the proposed annexation territory .include 150 ' Avenue, Roshak Road, 15e' Avenue, and other surrounding streets. Tigard City Engineer Gus Duenas ("Memorandum," Attachment B) reviewed the annexation proposal and concluded that some improvements to these streets may be required as part of the development of the annexed area, including extension of existing streets into the area. However, Duenas determined that the CACH CREEK AREA ANNEXAnON 167 ZCA2006-00002 City can provide services to this site, and "doing so will not significantly reduce the level of services to developed and undeveloped land within the City of Tigard" Police - City of Tigard Police Department. The City of Tigard's Police Department has reviewed the annexation proposal and stated that the proposed annexation would not impede current levels of service to existing developed and undeveloped areas in the City of Tigard. If the area is annexed, Tigard Police can provide adequate services to the proposed area (Attachment Q. Fire - Tualatin Valley Fire and Rescue (TVF&R). Tualatin Valley Fire and Rescue (TVF&R) already serves the proposed annexation territory. Additionally, TVF&R reviews all subdivision development proposals and annexation proposals for ' the City of Tigard and would provide additional comments at that time. Based upon this review, staff finds that all public services (as defined by the Comprehensive Plan) are avaiWe to the proposed annexation territory and all public services have sufficient capadty to provide service to the proposed annexation territory 2. The applicable Comprehensive Plan policies and implementing ordinance provisions have been satisfied. Three Comprehensive Plan policies apply to proposed annexation: 2.1.1, 10.1.1., and 10.1.2. Staff has determined that the proposal has satisfied the applicable Comprehensive Plan policies based on the following findings: Policy 2.11. Citizen Involvement. The City shall maintain an ongoing citizen involvement program and shall assure that citizens will be provided an opportunity to be involved in all phases of the planning process. The City maintains an ongoing citizen involvement program- To assure citizens will be provided an opportunity to be involved in all phases of the planning process, the City provides notice for Type IV land-use applications. The City posted, matted and published notice of the public hearing as follows. The City posted the hearing notice at four public places on August 11, 2006: Tigard Library, Tigard City Hall, Tigard Permit Center,. and in the general vicinity of the proposed territory on SW Sunrise Lane and on SW Bull Mountain Road near SW Roshak Road. The City published notice of the heating in The Tigard Tualatin Shen mod Times for two successive weeks (September 7, 2006 and September 14, 2006) prior to the September 26, 2006, public heating. The City also mailed notice to all interested parties and surrounding property owners within 500 feet on August 7, 2006. In addition, the City maintains a list of interested parties organized by geography. Notice was mailed to interested parties in the West area on August 7, 2006, which includes former Citizen Involvement Team contacts and CPO 4B, the citizen participation organization for the area, Staff finds that this policy is met Policy 10.LL• Urbanization. Prior to the annexation of land to the City of Tigard, a) the City shall review each, of the following services as to adequate capacity, or such services to be made available, to serve the parcel if developed to the most intense use allowed, and will not significantly reduce the level of services available to developed and undeveloped land within the City of Tigard: L Water, 2. Sewer, 3. Drainage; 4. Streets-, 5. Police; and 6. Fire Protection. As addressed under 18.320.020 above, adequate service is available to the proposed annexation CACH CREEK AREA ANNE A110N 168 ZCA2006-00002 , . i ~ territory. Upon annexation, the proposed territory will be zoned R-7, a medium-density single- family residential zone with a minimum residential lot size of 5,000 square feet The privately owned properties have an estimated maximum density of 63 units (not taking into account sensitive lands).' If they develop,. the developer(s) will be required to connect the properties to public service facilities, such as sewer, storm drainage and water, and provide the necessary street improvements. Based on comments from City of Tigard staff there is adequate capacity to serve the annexation area (water, sewer, drainage, streets, police, fire protection) if developed to the most intense use allowed, and it will not significandy reduce the level of services available to developed and undeveloped land within the City of Tigard The City of Tigard department of Public Works has reviewed the annexation proposal and states that the City's water system can provide the minimum State of Oregon water service requirements for the proposed territory based on the maximum density permitted Public Works states that water is available in quantity and quality and has not indicated tlha.t there would be a reduction in its capacity to provide water to the proposed annexation territory or reduce the level of service to the entire City. The Police Department reviewed the proposal and has no objections. The Engineering Department reviewed the proposal and has no objections- The Engineering Department confirmed that sewer service, storm drainage and street access are available to the site. Tualatin Valley Fire and Rescue (IVF&R), the current provider to the proposed territory, did not raise any objections. Staff concludes that there is adequate capacity to serve the proposed territory "water sewer, drainage streets police fire protection) if developed to the most intense use allowed, and will not significantly reduce the level of services available to developed and • undeveloped land within the City of Tigard b) If required by an adopted capital improvements program ordinance, the applicant shall sign and record with Washington County a nonremonstrance agreement regarding the following: L The formation of a local improvement district (I..I.D) for any of the following services that.could be provided through such a district. The extension or improvement of the following. a) Water, b) Sewer, c) Drainage, and d) Streets. 2. The formation of a special district for any of the above services or the inclusion of the property into a special service district for any of the above services. This criterion does not apply. No capital improvemeats program requires a nonremonstrance agreement for this area. Some urban services are already available for the proposed annexation territory; others are available nearby and would require connections from the proposed annexation area. However, these public facility requirements will be assigned as part of any subdivision review when an application is submitted c) The City shall provide urban services to areas within the Tigard Urban Planning Area or within the Urban Growth Boundary upon annexation- The Tigard Urban Planning Area (as defined in the Washington County - Tigard Urban Planning Area Agreement (UPAA (fuly 2006); see Attachment D of application submittal) includes the proposed annexation territory. The City is the designated urban services provider for the services defined in the Tigard Urban Sem a Agrument (ITISA) (2002) and subsequent operating agreements: police, parks, recreation and open space; roads and streets; sanitary sewer and storm water (through an operating agreement with Clean Water Services); and water service_ Upon annexation, those services will be provided according to the City's current policies. Staff finds that this poli cy is met, • s Maximum density was calculated using formula provided in Code Chapter 18.715. CACH CREEK AREA ANNEXATION 169 ZCA2006-00002 . r • PoILCY 10.1.2: Urbanization. Approval of proposed annexations of land by the City shall he based on findings with respect to the following a) The annexation eliminates an existing "pocket" or "island". of unincorporated territory; or, b) The annexation will not create an irregular boundary that makes it difficult for the police in an emergency situation to determine whether the parcel is within or outside the City; c) The Police Department has commented upon the annexation; d) the land is located within the Tigard Area of Interest and is contiguous to the City boundary; e) The annexation can be accommodated by the services listed in 10.L1(a). a) The proposed annexation does not eliminate an existing pocket or island of unincorporated territory. It does remove portions of an existing pocket ("Dyer" property) and would incorporate City-owned land and publicly owned land that provides Tigard residents with public. services_ b) As stated earlier, only 4.14 acres of the proposed annexation area are in private ownership and zoned for residential development. The remaining acreage consists of land in public ownership for public services, including land for the public water system and a natural area, which require limited services. The City of Tigard Police Department has reviewed the proposed annexation and has no objections. The department stated (Attachment C) that "the proposed boundary for the annexation does not appear to present any obstacles for emergency response by the Police Department." It should also be noted here that the owners of three adjacent properties on Sunrise Lane have expressed the desire to join this proposed annexation (15180, 146Z5, and 15110 SW Sunrise Lane); the annexation of those additional properties would eliminate additional-pockets and create a more regular boundary. However, the current proposal does • not include those properties. c) As shown in B. above, the City of Tigard Police Department has commented on the annexation. d) The UPAA Qu1y 2006) includes the proposed annexation territory within Tigard's Area of Interest The proposed annexation territory is contiguous to the City along the site's east boundary and Sunrise Lane. e) Lastly, as section 10.1.1.(a) demonstrated, the annexation can be accommodated by the following services: water, sewer, drainage; streets; police; and fire protection. Therefore staff finds that the grorrosed annexation meets Policy 10.1.2. Policy 10.1.3: Urbanization. Upon annexation of land into the City which carries a Washington County zoning designation,. the City of Tigard shall assign the City of Tigard zoning district designation which most closely conforms to the county zoning designation. Chapter 18.320.020 C of the Community Development Code provides specifics on this conversion. The proposed annexation tetatory's Washington County designation is R-6. Table 320.1 summarizes the conversion of the County's plan and zoning designations; R-6 County zoning converts to the City's R-7 zoning. As this is a Zone Change Annexation (ZCA) application, upon • approval and execution of the proposed annexation, the territory will assume R-7 zoning to conform with the table below. Additionally, the City's Comprehensive Plan designation for medium-density residential will be applied to this area. CACH CRFF.K AREA ANNEXA11ON 170 ZCA2006-00002 1 TABLE 3201 CONVERSION TABLE FOR COUNTY AND CITY PLAN AND ZONING DESIGti ATIONS Washington County Lane Use City of TlgaM Zoning City of regard Districts/Plan Designation Plan Designation R-5 Res_ 5 unitslacre R4.5 SFR 7,500 sq. ll. Low density 1-5 units/acre R-6 Res. 6 units/acre R-7 SFR 5,000 si ft. Med. density 6-12 unrtslacre R-9 Res. 9 units/acre R-12 Multi-family 12 units'acre Med. density 6-12 unitslacte R-1.21 -Res- 12 unitsfacre R-12 Multi-family 12 unifslaere Med. density 6-12 unitsfac e R-15 'Res. 15 unitslacre R-25 Multi-family 25 unitslacre Medmm-High densely 13-25 units/aue R-24 Res. 24 umWacres R-25 Matti-Emily 25 units/acre Medium High density 13-25 uaitsfaae office Commercial C-P Commercial Profiessional CP Commercial Professional NC Nei_d&cd ood Commercial CM Weighbod wod Commeocial CN Nc:igl>bodood Commercial CBD Commercial Business CBD Commercial Business CBD Connnacial Business District District District GC Geaeral Commercial CO General Commercial CG General Commercial DO Industrial I -L Lida Industrial Ligbf Industrials Chanter 18320.020 C. Assignment of comprehensive plan and zoning designations. The comprehensive plan designation and the zoning designation placed on the property shall be the City's zoning district which most closely implements the City's or County's comprehensive plan map designation. The assignment of these designations shall occur automatically and concurrently with the annexation. In the case of land which carries County designations, the City shall convert the County's comprehensive plan map and zoning designations to the City designations which are the most similar. A zone change is required if the applicant requests ' a comprehensive plan map and/or zoning map designation other than the existing designations. (See Chapter 18380). A request for a zone change can be processed concurrently with an annexation application or after the annexation has been approved. As the previous section demonstrated, the City of Tigard R-7 zoning district is the most similar to Washington County's R-6 zoning district. The proposed territory is currently R-6 and will automatically become R-7 upon annexation. This zone conversion will occur concurrently with the annexation process. There have been no requests for zoning other than R-7. City of Tigard Community Development Code 2. Chapter 18390.060: Type IV Procedure Annexations are processed by means of a Type IV procedure, as governed by Chapter 18.390 of the Community Development Code (Rule 18) using standards of approval contained in 18.390-020(B), which were addressed in the previous section. Chapter 18.390 requires City Council to hold a hearing on an annexation. It also requires the City to provide notice at least 10 days prior to the hearing by mail and to publish newspaper notice; the City mailed notice on August 7, 2006, and published public notice in The T§vd Tualatin Sherwood Times for two successive weeks (September 7, 2006, and September 14, 2006,) prior to the September 26, 2006, public hearing. CACH. CREEK AREA ANNEXATION ZCA2006-00002 171 t ~ Additionally, Chapter 18390.060 sets forth five decision-maidng considerations for a Type IV decision: L The Statewide Planning Goals and Guidelines adopted under Oregon Revised Statutes Chapter 197; The City's Comprehensive Plan has been acknowledged by the Land Conservation and Development Commission to be in compliance with state planning goals. As reviewed above, the annexation proposal meets the existing Comprehensive Plan policies and therefore is in compliance with state planning goals. I Any federal or state statutes or regulations found applicable; ORS 222: State law (ORS 222120(4)(b), ORS 222125, ORS 222.170(1) and (2)) allows for a city to annex contiguous territory when owners of land in the proposed territory to be annexed submit a petition to the legislative body of the city. QRS 222.120 requires the city, to hold a public hearing before its legislative body (City Council) and provide public notice to be published once each week for two successive weeks prior to the day of the hearing, in a newspaper of general circulation in the city, and shall cause notices of the hearing to be posted in four public places in the city for a like period- The property owners (or their representatives) of all 11 parcels have submitted signed petitions for annexation to the City. The proposed annexation territory is contiguous to the City along the site's east boundary and Sunrise Lane. The City published public notice in The Tigard Tualatin Sherwood Timm for two successive weeks (September 7, 2006, and September 14, 2006) prior to the September 26, 2006, public heating and posted the hearing notice at four public places on August 11, 2006: T'iga.td Library, Tigard City Hall, Tigard Permit Center, and in the general vicinity of the proposed territory. Staff finds that the provisions of ORS 222 have been met 3. Any applicable METRO regulations; Chapter 3.09 of the Metro Code (Local Government Boundary Changes) includes standards to be addressed in annexati on decisions, in addition to local and state review standards. Note that the report is available 15 days before the hearing (September 11, 2006, for an September 26, 2006, hearing). Staff has determined that the applicable METRO regulations (Metro Code 3.09.0400?) &(d)) have been met based on the following_,find6Ze : Metro 3.09. (b) (b) Not later than 15 days prior to the date set for a change decision, the approving entity shall make available to the public a report that addresses the criteria to subsections (d) and (g) below, and that includes at a minimum the following: (1) The extent to which urban services presently are available to serve the affected territory including an extra territorial extensions of service; As addressed previously in this report, urban services are available to the affected territory. (2) A description of how the proposed boundary change complies with any urban service provider agreements adopted pursuant to ORS 195.065 between the affected entity and all necessary parties; As addressed previously in this report, the annexation proposal complies with all applicable provisions of urban service provider agreements, UPAA (2006); and TUSA (2002). CACH CREEK AREA ANNEXATION 172 ZCAM06.OM (3) A description of how the proposed boundary change is consistent with the comprehensive land use plans, public facility plans, regional framework and functional plans, regional urban growth goals and objectives, urban planning agreements and similar agreements of the affected entity and of all necessary parties; As addressed previously in this report, the annexation proposal complies with all applicable policies of the City of Tigard Comprehensive Plan and urban service provider agreements (UPAA (2006) and TUSA (2002). The proposed annexation territory is within the Urban Growth Boundary and subject to the Regional Framework Plan and Urban Growth Management Functional Plan provisions. There are no specific applicable standards or criteria for boundary changes in the Regional Framework Plan or the Urban Growth Management Functional Plan. However, the City's Comprehensive Plan and Development Code have been amerided to comply with Metro functional plan requirements. By complying with the Development Code and Comprehensive Plan, the annexation is consistent with the Functional Plan and the Regional Framework Plan. (4) Whether the proposed boundary change will result in the withdrawal of the affected territory from the legal boundary of any necessary party; and The proposed territory will remain within Washington County but will be required to be withdrawn from the boundary of the Tigard Water District, 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 upon completion of the annexation. (5) The proposed effective date of the decision. The public hearing will take place September 26, 2006- If the Council adopts findings to approve ZCA2006-00002, the effective date of the annexation will be October 26, 2006. Metro Code 3.09.040 (d) (d) An approving entity's final decision on a boundary change shall include findings and conclusions addressing the following criteria: 1. Consistency with directly applicable provisions in an urban service provider agreement or annexation plan adopted pursuant to ORS 195.065; As addressed previously in this application, the annexation proposal complies with all applicable provisions of urban service provider agreements (UPAA (2006) and the TUSA (2002)). The TUSA includes the proposed annexation territory. The agreement states that the County and City will be supportive of annexations to the City, and the City shall endeavor to annex the Bull Mountain area in the near to mid-teen (by 2005-2007, as projected in the TUSA). The proposed annexation is in the Bull Mountain Area and is contiguous to city. Emits. Therefore the proposed annexation is consistent with these agreements. 2. Consistency with directly applicable provisions of urban planning or other agreements, other than agreements adopted pursuant to ORS 195.065, between the affected entity and a necessary paw, The UPAA (2006) includes the proposed annexation territory. The City has followed all processing and notice requirements in the UPAA, providing Washington County with 45-day notice prior to the public hearing. The agreement states that "so that all properties within the Tigard Urban Service Area will be served by the City, the County and City will be supportive of annexations to CACH CREEK AREA ANNEXATION 173 ZCAM-00002 the City." The City also provided notice to the affected CPO (CPO 4B) per the agreement The annexation proposal is consistent with this Weement 3. Consistency with specific directly applicable standards or criteria for boundary changes contained in comprehensive land use plans and public facility plans; As previously stated in this report, this proposal meets all applicable City of Tigard Comprehensive Plan provisions. This criterion is satisfied 4. Consistency with specific directly applicable standards or criteria for boundary changes contained in the Regional Framework Plan or any functional plan; This criterion was addressed under Metro Code 3.09.040(b). By complying with the City of Tigard Community Development Code and Comprehensive Plan, the annexation is consistent with the Functional Plan and the Regional Framework Plan.. S. Whether the proposed change 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 provision of public facilities or services because it is consistent with the terms of the TTUSA (2002), which ensures the timely, orderly, and efficient extension of public facilities and urban services; it is contiguous to existing city limits and services; and lastly, urban services are available to the proposed annexation territory and have not been found to significantly reduce existing service levels. 6. The territory lies within the Urban Growth Boundary; and The proposed territory is within Metro's Urban Growth Boundary. 7. Consistency with other applicable criteria for the boundary change in question under state and local law. In previous sections, this report.reviewed the proposal's consistency with other applicable criteria and found it to be consistent (Tigard CDC 19390.060) 4. Any applicable comprehensive plan policies; and As demonstrated in previous sections of this report, the proposed annexation is consistent with, and meets, all applicable comprehensive plan policies. S. Any applicable provisions of the City's implementing ordinances. There are no specific implementing ordinances that apply to this proposed annexation. Chapter'18 of the City Code will apply to development of the property. SECTION VII. OTHER STAFF COMMENTS The City of Tigard Public Works, Engineering and Police Departments have reviewed the proposal and have no objections to it and have not indicated that the proposed annexation would reduce their capacity . CACH CREEK AREA ANNEXA11ON 174 ZCA2006-00002 i tt tory or reduce the level of City services. Full to prove services to the proposed annexation terri id comments are provided in the attachments listed below. Attachment A: "Memorandum," from Rob Murchison, Public Works Dept. Project Engineer Attachment B: "Memorandum," from Gus Duenas, Engineering Division Attachment C: E-mail from Jim Wolf, Tigard Police Department SECTION VIII. AGENCY COMMENTS Tualatin Valley Fire and Rescue has reviewed the annexation proposal and has no objections, comments or conditions. t3 z ooh : F. 0- ARED Eng DATE Assisttant Planner REVIEWED BY Coffee DATE Community Development Director CACH CREEK AREA ANNEXAMN 175 ZCA2006-00002 ADDENDUMI MEMORANDUM ° TO: Mayor Dirksen, City Council CC: Craig Prosser, Tom Coffee, Dick Bewersdorff FROM: Emily Eng RE: ZCA2006-00002 Cach Creek Area Annexation DATE: October 5, 2006 This memo identifies changes to the Cach Creek Area Annexation Proposal. On September 25, 2006, applicant John Noffz of Sun Ridge Builders, withdrew the Brentwood Estates property (Washington County Tax Map 2S108AB, Tax Lots 1200 and 1201), changing the original proposal, In addition, one tax lot number (2S105DC, Tax Lot 100) has been removed because it doesn't exist and was incorrectly shown on the tax map. City Council held a public hearing for the annexation on September 26, 2006 and decided to continue the hearing on October 10, 2006 and leave the record open for additional information and public comment The supplemental exhibits below have been attached to this memo: Supplemental Exhibit A: Supplemental Findings in Support of the Cach Creek Area Annexation Supplemental Exhibit B: Additional Information and Public Comments Submitted to the Record Supplemental Exhibit C: Assessed Value of Properties to be Annexed The following changes apply to the Staff Report: Page i • Sun Ridge Builders should be removed as an applicant and owner. • Under proposal, "Eleven (11) parcels" should be changed to "Eight (8) parcels." Total acreage should be changed from 40.93 acres to 35.78 acres. (At the hearing, I estimated that the total revised acreage was 34.82, but after re-surveying the site, it is 35.78.) • Under location, the withdrawn parcels (Washington County Tax Map 2S108AB, Tax Lots 1200 and 1201) should be deleted. In addition, Washington County Tax Map 2S1105DC, Tax Lot 100 should be deleted. These were included as a result of a tax map error. • Under current zoning designation, the County designation R-15 should be added because two of the City-owned properties are zoned R-15.. • Under equivalent zoning designation, the City designation R-25 should be added because that is the zone that most closely refects the County R-15 designation. 176 Page 2 • Second paragraph from the bottom, the three sentences regarding the two Brentwood parcels should be deleted. Page 3 • Third paragraph from the bottom, maximum density of the privately-owned property should be calculated based on a total of 3.03 acres instead of 9.14 acres. Therefore, the estimated maximum residential units is approximately 21 and not 63, not taking into account sensitive lands. Page 4 • First paragraph, concerning Public Works' comments on water, the sentence regarding the Brentwood parcels should be deleted. • Last paragraph, third sentence from top should be deleted because it relates to the Brentwood parcels. Concerning roads that serve the proposed annexation territory in the next sentence, "Roshak Road" should be deleted because it relates to the Brentwood parcels. Page 6 • First paragraph, second full sentence, the estimated density should be residential 21 units for the privately-owned property and not 63 units. • First paragraph, last sentence states, "Based on comments from City of Tigard staff, there is adequate capacity to serve the annexation area (water, sewer, drainage, streets, police, fire protection) if developed to the most intense use allowed, and it . will not significantly reduce the level of services available to developed and undeveloped land within the City of Tigard." City staff reviewed the proposal when the estimated maximum density was 63 acres; therefore, because the maximum density is now 21 residential units, the City's assessment of adequate capacity overestimates the burden of the annexation on City services. In either case, whether 63 or 21 units, the City has adequate capacity to serve the proposed annexation territory. • Second paragraph from top states, "The City of Tigard department of Public Works has reviewed the annexation proposal and states that the City's water system can provide the minimum State of Oregon water service requirements for the proposed territory based on the maximum density permitted." The maximum density referred to was 63 units; however, it is now 21. Page 7 • In response "b," the privately owned acreage should be changed from 9.14 acres to 3.03. • Bottom paragraph should be deleted and replaced with "Upon approval and execution of the proposed annexation, the territory will assume zoning to conform to the table below. In addition, the City's Comprehensive Plan designation will be applied to this area." Page 8 • Response to "C" should be deleted and replaced with "Six parcels in the proposed territory are currently zoned Washington County R-6 and two parcels are zoned Washington County R-15. Upon annexation, the six parcels will automatically become City of Tigard R-7 and the two parcels will become City of Tigard R-25." 177 Page 9 M • Under the response to #2, "property owners of all 11 parcels" should be changed to "property owners of all 8 parcels." Page 10 • The response to #5 states, 'The public hearing will take place September 26, 2006. If the Council adopts findings to approve ZCA2006-00002, the effective date of the annexation will be October 26, 2006." However, the public hearing is being continued on October 10, 2006. If the Council adopts the ordinance approving ZCA2006-00002, the effective date of the annexation would be November 10, 2006. 178 Supplemental EXHIBIT A SUPPLEMENTAL FINDINGS IN SUPPORT OF THE CACH CREEK AREA ANNEXATION 1. The City Council held a duly noticed public hearing on September 26, 2006, consistent with ORS 222.120, to consider this annexation proposal. The City allowed written comments concerning the proposed annexation to be submitted before, during and for a period of seven days after the hearing. The Council also received oral comments at the hearing. 2. The notice of the hearing proposed annexation of property owned by the City of Tigard, the Tigard Water District, the Trust for Public Land, Brentwood Homes, and Jon Dyer. The Trust for Public Lands and Brentwood Homes have indicated that they no longer wish their property to be included in the proposed annexation. City staff has proposed that the annexation include only those properties owned by the City of Tigard, the Tigard Water District, and Jon Dyer. The Council agrees that the annexation should be and is limited to the properties owned by the City of Tigard, the Tigard Water District, and Jon Dyer. The legal description and a map of the properties being annexed are included in the ordinance as Exhibits A and B. 3. The City has written consents to annexation signed by a duly authorized official of the City of Tigard and by Jon Dyer. It also has a petition for and consent to annexation signed by a duly authorized official of the Intergovernmental Water Board (IWB) that covers the property owned by the Tigard Water District. The IWB consent reflects a vote by the IWB to petition for and consent to the annexation. The Council finds that the Intergovernmental Water Board has authority to act for the Tigard Water District and other members of the IWB as to the property proposed for annexation and properly exercised that authority in signing the petition for and consent to annexation. The record includes a letter from King City, a member of the IWB, expressly agreeing with the consent to annexation, and written minutes of the IWB meeting showing the City of Durham's vote in favor of the consent and statements in support of consent by Durham's representative. The minutes show that the Tigard Water District representative abstained from voting and did not oppose the action of the IWB in consenting to the annexation. No one has claimed that the IWB lacked authority to act on behalf of the Tigard Water District. 4. Under ORS 222.170(4), property that is publicly owned is not considered when determining the number of owners, the area of land, or assessed valuation unless the owner of the property files a statement consenting to or opposing annexation. Washington County has not submitted to the City a statement consenting to or opposing the annexation, so County roads and rights-of-way that are within the area proposed for annexation are not considered in determining whether the City has sufficient consents. 5. The City has the written consent of all of the owners of property proposed to be included in the annexation. There are no registered voters in the area proposed for annexation. The City therefore may proceed with annexation without a vote in the territory to be annexed under ORS 222.125 (consent of all the owners and at least 50 percent of voters, 1 - 179 if any), ORS 222.170(1) (consent of half the owners of half the land with half the assessed value, and ORS 222.170(2) (consent of a majority of the electors and owners of half the property). 6. Even if the consent for the property owned by the Tigard Water District is not counted, the City has sufficient consents to proceed with the annexation without an election in the territory to be annexed under both ORS 222.170(1) and 222.170(2). The property owned by the City of Tigard and Jon Dyer totals 21.04 acres, more than half of the total net area of 32.07 acres. The City and Mr. Dyer are two of three owners - more than half of the owners. The total assessed value of the property owned by the City and Mr. Dyer is $970, more than half of $970, which is the total assessed value of all the total net property value in the area proposed for annexation. Because there are no resident voters in the area, the number of voters does not need to be considered under ORS 222.170(2). The City takes official notice of the assessed values for the properties as listed by Washington County. The City notes that the market value for the Tigard Water District property, as established by Washington County, is $1,316,700, which is less than half the total market value of 3,582,850 of all the properties in the area to be annexed. Findings Addressing Comments Received 7. The City received written comments from Karen and John Molloy, Lisa Hamilton-Treick, Richard A. Franzke, Michael Orth, and Lawrence R. Derr in opposition to the opposed annexation. The City also received inquiries from other property owners as to the possibility of including their properties in the annexation. At the September 26, 2006, hearing, Ms. Hamilton-Treick and Kinton Fowler testified in opposition to the proposed annexation, and Linda Walsh offered testimony that could be considered critical of the annexation. 8. On August 8, 2006, the Washington County Board of Commissioners called an election on the proposed incorporation of the City of Bull Mountain. The area proposed for annexation is within the area proposed to be included within the proposed City of Bull Mountain. The City has concluded, on advice of its City Attorney, that it cannot process petitions for annexation received after the time the proposed incorporation was referred to the voters. Therefore, it is including in the proposed annexation only properties for which it received a petition for and consent to annexation prior to August 8, 2006 and is not adding any properties to the proposed annexation territory. The City received petitions for annexation for all properties included in the proposed annexation prior to August 8, 2006. Findings Relating To Comments Submitted by Lawrence R. Derr 9. Lawrence R. Derr submitted written comments on October 3, 2006, on behalf of Lisa Hamilton-Treick. Mr. Derr argues that the City cannot proceed with the annexation because the area proposed for annexation is within the area of the proposed City of Bull Mountain. Mr. Derr argues that the "City has taken no actions to initiate this annexation 2 180 that are prior in time to the annexation procedures." The City concludes that the relevant date for an incorporation proceeding is the date that the County acts to place the matter on the ballot. Landis v. City of Roseburg, 243 Or 44, 411 P2d 282 (1966). The City further concludes that the relevant date for annexations is the date that the petitions are filed with the City. ORS 222.111(2). This annexation was initiated no later than August 4, 2006, when the last of the petitions, that of Mr. Dyer, was received by the City. August 4, 2006, was before August 8, 2006, when the County Board acted, so the City may proceed with the annexation, not withstanding the actions to incorporate the City of Bull Mountain. 10. Mr. Derr argues that the annexation is in violation of Metro Code Section 3.09.040(a)(1) because the City lacks jurisdiction. The City has jurisdiction, based on the filing of the petitions for annexation. Mr. Derr further argues that the City is in violation of Metro Code Section 3.09.050(3)(5) because the annexation is not consistent with the orderly provision of public facilities and services because it is in competition with the proposed Bull Mountain incorporation. The annexation will provide for the orderly provision of public facilities and services by allowing Tigard services to be provided in the area to be annexed and would also provide for the orderly provision of parks and water services, given that the properties owned by the City of Tigard and the Tigard Water District are planned to be used for parks and water system purposes. Mr. Derr alleges that the annexation would be contrary to Metro Code 3.09.050(d)(7) because the annexation would be illegal. The annexation would not be illegal. The proposed annexation is consistent with Metro Code 3.09.040(x)(1), 3.09.050(d)(5) and 3.09.050(d)(7). 11. Mr. Derr argues that the City failed to provide for "a public hearing necessary to avoid an election under ORS 222.120(2)." The City Council held a public hearing on September 26, 2006, in compliance with the hearing requirement. 12. Mr. Derr argues that some or all of the petitions did not comply with the requirements of Metro Code 3.09.040. Mr. Derr has not identified any way in which the petitions failed to comply with Metro Code Section 3.09.040. Furthermore, Metro Code Section 3.09.040 is a section relating to submission requirements, and does not establish approval criteria. The City, by processing the petitions, has accepted that they are sufficient to allow the City to make a decision based on the applicable criteria. 13. Mr. Derr argues that Sunrise Lane is a county road and that the county has neither petitioned for nor consented to the annexation. Under ORS 222.170(4), publicly owned property may be annexed but does not count in the consideration of the sufficiency of the consents unless the public owner consents or objects. The County has not consented or objected, so the area is not counted in determining the sufficiency of the consents, even though it is included in the annexation. 14. Mr. Derr further argues that the annexation is a cherry stem annexation and therefore not justified. Even if this annexation could be considered a cherry stem annexation, cherry stem annexations are not illegal. See Morsman v. City of Madras, 191 Or App 149, 81 • 3 181 P3d 711 (2003) and cases cited therein. Mr. Derr has not argued that the proposed annexation is unreasonable or provided any factual basis such an argument. The annexation is reasonable because it provides for an extension of the City boundaries so that City parks and water facilities will be within the City. 15. Mr. Den states that the City must clarify the status of zoning and applicability of the Bull Mountain Community Plan to the property proposed for annexation. The City's decision does not change the zoning or make the Bull Mountain Community Plan inapplicable to the areas being annexed. Findings Related to Written Comments By Karen and John Molloy 16. Karen and John Molloy submitted a written comment on September 30, 2006, apparently in opposition to the annexation because the property is within the area of the proposed City of Bull Mountain. As discussed in the findings related to comments by Lawrence R. Derr, the proposed incorporation of the City of Bull Mountain does not prevent the City from proceeding with this annexation. Findings Related to Written Comments by Michael Orth 17. Michael Orth submitted a comment on August 13, 2006, opposing the annexation prior to the vote on the incorporation of the City of Bull Mountain. As stated in the previous findings, the City finds no legal impediment to proceeding with the annexation at this time. Findings Related to Written Comments Richard A. Franzke 18. Richard A. Franzke submitted written comments dated September 26, 2006. Mr. Franzke argued that the incorporation proceedings were initiated before the City's annexation proceedings. As discussed in Finding No. 9 above, the City has concluded that the City's proceedings have priority. 19. Mr. Franzke argued that the City should respect the will of the citizens who will be affected by its actions. The people who affected by an annexation are the property owners and voters (if any) in the territory to be annexed. The City has the consent of all property owners within the territory to be annexed and there are no voters in the territory to be annexed. The City has been forced to turn aside property owners who want to annex to the City because they are within the proposed City of Bull Mountain and did not submit petitions prior to the date the County Board referred the incorporation to the voters. Mr. Franzke suggests that the City's wish to annex these properties is based on the desire to increase tax revenues. The vast majority of the property being annexed (31.79 out of 34.82 gross acres) is publicly owned and not subject to property taxation. Findings Related To Written Comments and Oral Testimony of Lisa Hamilton-Treick 4 182 20. Ms. Hamilton-Treick submitted written comments on September 26, 2006. Ms. Hamilton first argued that Washington County has not consented to the inclusion of the county road. Publicly owned property may be included in an annexation and is not counted in the calculation of consents unless the public owner specifically consents or objects. ORS 222.170(4). The County's lack of consent is relevant to whether the City counts the road in the total property area, but does not otherwise affect the annexation. 21. Ms. Hamilton-Treick argued that the proposed boundary creates islands and an irregular boundary. The Council finds that the boundaries of the City are sufficiently regular to be consistent with Comprehensive Plan 10.1.2. The regularity standard in the Comprehensive Plan standard is expressly related to whether police will be able to respond in an emergency situation without difficulty. The City Council finds that the fact that the vast majority of the property being annexed will be City owned and administered means that there will be no difficulties for the police in emergency situations. The only "islands" created are three properties that will be outside Tigard City limits but will be cut off from county, and possibly future City of Bull Mountain, areas only by Sunrise Lane. 22. Ms. Hamilton-Treick argued that the proposed boundaries will prevent four property owners from being included in the proposed City of Bull Mountain. Any property that is not included in the annexation but is included in the boundaries of the proposed City of Bull Mountain will be included within the City of Bull Mountain if the voters improve incorporation. As to the creation of islands, the City does not intend to use the island annexation process to annex territory if the island is created only by a road or a narrow strip of property. 23. Ms. Hamilton-Treick questioned the existing zoning designation of the property and the continued application of the Bull Mountain Community Plan. The property is currently zoned R-7 under the County's adoption of Tigard zoning. The annexation will not change the zoning. The ordinance does not provide that the Bull Mountain Community Plan will cease to be applicable to the property, so it will remain in effect as to the property. 24. Ms. Hamilton-Treick asked when the City will provide notice to LCDC of any change in zoning or plan provisions that affect the property. The City will provide notice if and when the zoning or plan provisions are changed. The questions asked by Ms. Hamilton- Treick do not provide any basis for denying the annexation petitions. 25. Ms. Hamilton-Treick argued that the City's record on Goal 5 resource protection is poor. The City Council disagrees with her statement. However, nothing in her argument relates to any applicable standard or criterion. 26. Ms. Hamilton-Treick argued that the City Council did not set a date for the hearing and that an election is therefore required. The statutory requirement is to hold a hearing, and the City did hold a hearing. Ms. Hamilton-Treick appeared at the hearing. While ORS i 5 183 222.120(2) does refer to the legislative body fixing the date for a hearing, the City Council has delegated authority to set all agenda items, including hearings, to the City Manager. City Council Groundrules, adopted by Resolution 04-83. The matter was set for hearing by the City Manager, using the authority delegated by the Council. 27. Ms. Hamilton-Treick stated that a county commissioner stated that the property should be in the proposed City of Bull Mountain. That statement does not relate to any applicable approval standard or criterion. Ms. Hamilton-Treick further argues that the proposed City of Bull Mountain and the City of Tigard must work together, presumably on developing a portion of the City of Tigard property as a regional park. If the City of Bull Mountain is formed, the Tigard City Council anticipates that Tigard and Bull Mountain will work together and cooperate on a wide range of issues. 28. Ms. Hamilton-Treick asked that the record be kept open for seven days. The City Council granted that request. 29. Ms. Hamilton-Treick argued that the City should put the annexation on hold pending the vote on incorporation. The City can proceed with this annexation because the petitions were received before the incorporation was referred to the voters. 30. Ms. Hamilton-Treick submitted a letter from a deputy legislative counsel to Representative Jerry Krummel. That letter expressly states that the sole purpose of the letter is to assist members of the legislature and that it is not to be considered or used as legal advice by any other person. The City will not consider the letter or use it as legal advice. 31. Much of Ms. Hamilton-Treick's oral testimony was the same as her written comments. None of the additional statements in her oral testimony addressed any applicable standard or criterion. Findings Related to Oral Testimony of Kinton Fowler 32. Kinton Fowler testified at the Septemer 26, 2006, hearing. He suggested that the City hold off on the annexation until after the November 7 election to avoid a legal dispute and to get the relationship between the City of Tigard and the proposed City of Bull Mountain off to a good start. Mr. Fowler did not argue that the City was legally precluded from going ahead with the annexation. Findings Related to Oral Testimony of Linda Rogers 33. Ms. Rogers questioned the suitability of the property for a park. The proposed park would be a nature park rather than a park with developed athletic fields. Her testimony did not raise any issue relevant to any applicable standard or criterion. 6 184 CONTINUATION OF COUNCIL DISCUSSION ON CACH CREEK ANNEXATION ZCA 2006-00002 WRITTEN RESPONSES RECEIVED BY CLOSE OF RECORD 3:00 P.M. ON OCTOBER 3, 2006 Items Received at September 26, 2006 Council Meeting ; Letter dated September 26, 2006, from Richard Franzke { Letter dated September 26, 2006, from Lisa Hanulton-Treick ; Copy of letter dated September 20, 2006 to Representative Jerry Krummel from Ann Boss, submitted by Lisa Hamilton-Treick I t Copy of letter dated September 25, 2006 to City of Tigard Associate Planner Gary Pagenstecher } from John O. Noffz, Jr., submitted by Lisa Hamilton-Treick Items regarding IWB Consent to Annex July 20, 2006, Intergovernmental Water Board Agenda July 20, 2006, Intergovernmental Water Board Minutes { - Letter dated July 19, 2006, from King City Mayor Faes to the Intergovernmental Water - Board Chairperson, Bill Scheiderich, recommending the IWB execute annexation Revised letter dated July 19, 2006, from King City Mayor Faes to the Intergovernmental ~w Water Board Chairperson, Bill Scheiderich, recommending the IWB consent to annexation 4 I Confirmation of Consent to Annexation, dated September 26, 2006 's Items received after September 26, 2006 Council Meeting and prior to October 3, 2006 Close of Record Fax dated September 30, 2006, to Tigard City Hall, from Karen and John Molloy j i i Fax dated October 3, 2006, to Tigard City Council, Attn: Emily Eng, from Lawrence R. Derr 185 6 f,2,1e~ y September 26, 2006 - City of Tigard ; Public Hearing Testimony of Richard A. Franzke Re: Proposed annexation of 41 acres on Bull Mountain I reside at 14980 SW 133rd Avenue Bull Mountain, Oregon 97224 I testify this evening to remonstrate against the City of Tigard's actions in annexation of 41 acres of land located within the boundaries of the proposed new City of • Bull Mountain. The parties seem to agree that "first in time has first in right". ORS 231.031(1) provides that before circulating a petition to incorporate a new city, the petitioners shall file with the county clerk a petition for incorporation. The statute provides, that the clerk shall date and time stamp the petition and shall immediately send two copies to the county commission. I believe that the date and time stamping of the incorporation 186 petition marks the beginning of the incorporation process. These actions were taken before the city commenced it's effort to annex the subject property.. Accordingly, I believe the residents of Bull Mountain will ultimately prevail in the litigation. The litigation, however, is NOT what I want to address this evening. What I want to address is the "wrongness" of the city's action - it is wrong, wrong, wrong. Has this council no sense of decency? Has it no respect for the will of the citizens who • would be affected by it's actions? Must the lust for more tax revenue trump basic fairness? I urge the council to do the RIGHT thing: stop the annexation effort immediately and abide the outcome of the incorporation vote on November 7'. Thank you Richar ranzke `C--- 187 c;La 060 26 Lisa Hamilton-Treick G 13546 SW Beef Bend Rd. Tigard, OR 97224 September 26, 2006 Mayor Dirksen and Councilors 13125 SW Hall Blvd. Tigard, OR 97223 Re: 41 Acre Cach Creek Annexation Dear Mayor Dirksen and Members of the Council: As a resident of unincorporated Bull Mountain and as a Co-Chief Petitioner for the proposed City of Bull Mountain I object to this annexation and Tigard's attempt to remove territory from the proposed city boundary. Significant steps have been taken (and accepted by Washington County) by • members of the community, over several months, in an effort to place incorporation before the voters on November 7, 2006- 1) The Economic Feasibility Statement was submitted to Washington County on May 25, 2006, along with other required documents necessary to begin the incorporation process. 2) On May 30, 2006, 776 petition signatures were submitted to Washington County. The required 10% of the registered voter's signatures, from within the proposed boundary, were verified. 3) June 8, 2006 Washington County Board of Commissioners voted to move forward with public hearings on the incorporation proposal. 4) Three public hearings were held; on August 8, 2006 Washington County Board of Commissioners voted unanimously to place incorporation before the voters within the proposed boundary. I raise the following questions and issues regarding this proposed annexation: 188 1) There is a lack of consent or petition from Washington County for inclusion of the county road. 2) The proposed boundary creates islands and an irregular boundary which is contrary to Tigard's Comp Plan 10. 1.2 which provides that approval shall be based on findings with respect to the following: a) the annexation eliminates an existing pocket or island of unincorporated territory, or b) the annexation will not create an irregular boundary that makes it difficult for the police in an emergency situation to determine whether the parcel is within or outside the City. Tigard's plan creates islands and prevents four property owners from being included in the new city boundary. Where does this leave their vote on November 7, 2006 election only six weeks from now? One large property owner has recently withdrawn his consent to annex. This again alters the boundary. 3) The report and the proposed ordinance state that the property is presently zoned county R-6 and will be changed to a comparable city R-7 with the annexation by operation of the TDC 18.320.020. I ask that staff clarify why the designation is not R-7 now under County Ordinance 487? 4) Historically, Tigard has ignored the Bull Mountain Community Plan, or has offered annexation as a means to avoid compliance with the BMCP. What is the city's position on the Bull Mountain Community Plan as it relates to this annexation? Why doesn't it apply now under the county ordinance? 5) If the zoning and plan provisions change from county to city then a 45 day advance notice to LCDC is required under ORS 197.610. When will the city provide such notice? 6) Tigard's track record on Goal 5 resource protection is very poor. The areas proposed for annexation to Tigard are acknowledged by Tigard to have Goal 5 resources. Under Tigard's jurisdiction the level of protection will certainly decrease and will potentially cause irreparable harm to the land by compromising the natural resources and impacting neighboring properties and property owners. 189 7) Per ORS 222.120(2), if Council chooses not to submit annexation to a vote of the electors of the city, it shall set a date to hold a hearing where the electors may appear. Since the Council has taken no action with respect to this proposal, including not setting a date and ordering the hearing, this hearing does not dispense with the requirement for an election. 8) There are competing and unresolved jurisdictional issues which must be settle through Washington County Circuit Court or through the Land Use Board of Appeals, should Tigard choose to move forward with this annexation. 9) Washington County Commissioner Dick Schouten wisely stated during the incorporation hearings, that the best way to provide for parks in the Bull Mountain area is to keep the Cach Creek nature area, Tigard's property, and the Tigard Water District property in the new city boundary, where the combined acreage may be large enough to qualify as a regional park. The area could be best served if the new City of Bull Mountain and Tigard must work together to provide the land, improvements and maintenance dollars. 10 Since this is a quasi-judicial hear, I request under ORS 197.763, that the record remain open for a minimum of seven days to allow introduction of additional evidence, arguments or testimony. n\ I request the Tigard City Council place this annexation on hold until after the November election. The incorporation proceeding was initiated prior to the annexation proceeding. Washington County has prior jurisdiction and Tigard cannot proceed until after the election and then only if the city is not approved. Sincer ly, Lisa H ton-Treick 190 X22 06 06:04p Rep Jerrtj Krumme1 5035702865 gyp.2 -V` ANN SM QovCOURrs7a651a SALEM CAWWI-4WS FAX MW3-10 STATE OF OREGON LEGISLATIVE COUNSEL COMMITTEE September 20, 2006 Representative Jerry Krummel 7544 SW Roanoke Drive N Wilsonville OR 97070 Re: Annexation and Incorporation Priority Dear Representative Krummel: You asked about the legality of proceedings to annex territory that are Initiated after proceedings to incorporate a new city have cornmenced. The situation involves a petition to incorporate the proposecl new City of Bull Wuntain and a subsequent petition of the City of Tigard to annex all or part of the same territory. If the proceedings of both municipalities are lawfully undertaken, the proceedings of both municipalities may be maintained and none of the proceedings are void ab irritio, or void from the very inception of the act.' However, when 'two municipal bodies are lawfully and fully organized, It is dear that both cannot exist for the same purpose and exercise the same authority over the same territory!' The only basis for the courts to intervene in the otherwise lawful proceedings of either municipality is to "prevent the amuses that would arise when two governmental powers are attempting to exercise authority over the same territory."' Under those circumstances and modeled on the court's analysis of the priority of courts that share concurrent jurisdiction, the Oregon Supreme Court concluded that the first municipality to exercise jurisdiction obtains priority to complete its proceedings and that the second municipality 'as a matter of policy may' not Interfere with the first municipality's proceedings while those proceedings are pending ° To that end, while both proceedings are pending, the first municipality may reek and be entitled to have the second municipality enjoined, or ousted in quo warmnto proceedings, while the first municipality's proceedings are pending s Because the governing body of Washirigton County approved the petition to incorporate the City of Bug Mountain and set an election date. appmpri✓aate parties who favor incorporation would appear to be entitled to temporary iNunctive rerlef to delay the City of Tigard's proceedings to annex the same terrkory. The injunction might properly be made permanent if the electors approve incorporation at the scheduled election. in the absence of injunctive relief, both proceedings may continue, and, if the electors reject Incorporation, the City of Tigard's annexation proceedings take effect if completed in accordance with the legal requirements for annexation. =~~8. My or R 243 Or. 44 (1%6) (c>z *m wAted). 'id at 62- 41d St 50. 3 Id at 51. klWA07k12W bft 191 22 06 O6:O4F Rep Jerry Krummel 5035702865. -p.l VO/L1/ENVY lY. YV ffs RWeswm" Jwy Knsnmd • SepWmberM pap 2 The opir>iong written by the Legis an Cminsel and the staff of the Legtala*m Counsel's office are prepared solely for the purpose of assisting members of the Legislative Assembly In the development and cons+derMon of fegislaflve matters. In performing their dudes, the Legislative Counsel and the members of the staff of the LePradve Coun 8 office have no authority to provide IqM advice to any other person, group or entity. For this reason, this l shoufd not be considered or used as lei ad+Ice by any person o Mer than legislators in the conduct of legislative business. Public bodies and their officers and employees should seek and rely upon the advice and opinion of the Attorney General, district attorney, county counsel, city attorney or other retained counsel. Constituents and other private persons and entities should seek and rely upon the advice and opinion of private counsel. Sincerely. ANN BOSS leg Counsel - BY B. Harrison Contey Deputy Legislative Counsel • k'1o~tt071iCt2686he daa 192 J Septunber 25.2006 Csmy Pte, Assodats Diet w City of Vast 13125 SW Flag Bk%t Tigard. OR 87223 RE: Request for mvmm&m lnW the City of Tigard Dear Gary: Due to oorwideratio is mgwding the dow elo ffmpt requirements for my pq)osed p of Set h i ood Estates (Tigard Cass File d SUB20W6-t10WX I WW Orel I must respec y withdraw my ro*nst to be included in the propefies to be annexed by the COy of Tigwd. . Thank you for Vow attengon to this matter Regamb, 0 r " John 0. N aft Jr. Owner, Brentwood Hmos 193 ~ee d ~o~oa-/o6 Carol, Please enter the attached documents into the Cach Creek Annexation Record: 1. July 20, 2006, Intergovernmental Water Board Agenda 2. July 20, 2006, Intergovernmental Water Board Minutes 3. July 19, 2006, Letter from King City Mayor Faes to the Intergovernmental Water Board Chairperson, Bill Scheiderich, recommending the IWB execute annexation 4. Revised July 19, 2006, Letter from King City Mayor Faes to the Intergovernmental Water Board Chairperson, Bill Scheiderich, recommending the IWB consent to annexation If you have any questions, please contact me. Thanks! Greer x 2595 • 194 intergovernmental Water Board Special Meeting Serving Tigard, King City, Durham and Unincorporated Area When: Where: Thursday, July 20, 2006 Tigard Water Building 5 P.M. 8777 SW Burnham Street Tigard, OR 97223 1. Call to Order, Rol! Call and Introductions Call the meeting to order, staff to take roll call. 2. Annexation of the Clute, Mentor Reservoir and Cach Properties into the City of Tigard - Brian Rager Consider a motion to annex the Clute, Menlor Reservoir and Cach properties into the City of Tigard and to authorize the IWB Chair to execute an annexation request on behalf of the Board. 3. Next Meeting -August 9, 2006, 5:30 p.m. -Water Auditorium 4. Adjournment Motion for adjournment. Executive Session: The Intergovernmental Water Board may go into Executive Session. If an Executive Session is called to order, the appropriate ORS citation will be announced identifying the applicable statute. All discussions are confidential and those present may disclose nothing from the Session. Representatives of the news media are allowed to attend . Executive Sessions, as provided by ORS 192.660(4), but must not disclose any information discussed. No Executive Session may be held for the purpose of taking any final action or making any final decision. Executive Sessions are closed to the public. 195 • Intergovernmental Water Board Special Meeting Minutes July 20, 2006 Tigard Water Building 8777 SW Burnham Street Tigard,.Oregon Members Present: Patrick Carroll (arrived 5:04 p.m.), Beverly Froude, Bill Scheiderich, Dick Winn and Sydney Sherwood (alternate for Tom Woodruff) Members Absent: Tom Woodruff Staff Present: Assistant Public Works Director Brian Rager Water Quality & Supply Supervisor John Goodrich IWB Recorder Greer Gaston 1. Call to Order, Roll Call and Introductions The meeting was called to order at 5:01 p.m. 2. Annexation of the Clute, Menlor Reservoir and Cach Properties into the City of Tigard Commissioner Scheiderich stated the Board was considering a consent to annexation and added the Board was not taking public comment at this meeting. He noted the Board had heard public comments on this issue at its July 12, 2006, meeting and he had acted on those comments. Commissioner Scheiderich addressed the following issues: Consent to Annexation/Public Process Commissioner Scheiderich emphasized the Board was not annexing the properties in question. He announced he had spoken with Washington County Counsel and confirmed the issue under consideration was whether the Board wanted to consent to annexation. This does not mean the properties will be annexed. He noted the actual annexation process would be a land use matter handled through the City of Tigard and this process would require a public hearing. The annexation decision could be appealed to the Land Use Board of Appeals. • Ownership Commissioner Scheiderich emphasized any action taken by the Board would not affect the ownership of property. Intergovernmental Water Board July 20, 2006 196 Note: Commissioner Carroll arrived at 5:04 p.m. Shared Ownership Commissioner Scheiderich commented the City of Tigard has deemed the members of the Board as having an ownership interest in the properties. He added the City, as the managing agency, could have bypassed this process and asserted it had sufficient ownership to initiate the annexation on its own. In asking the TWD and two other cities to go through this process, the City was allowing for more consideration than required. Ur enc Commissioner Scheiderich stated the City of Tigard's position was that water assets, like the reservoir, are very important and the possibility of turning these assets over to another city is too much of an unknown. The Bull Mountain petition of incorporation compelled Tigard to decide whether to leave the water properties in the unincorporated area, where they may end up within the boundaries of a new city, or to annex them now. Impact of Boundary Changes Commissioner Scheiderich stated the point of the upcoming Bull Mountain incorporation public hearings is solicit input, regarding boundaries and other issues, from cities or other entities that may be affected by the incorporation. Commissioner Scheiderich reported, according to County Counsel, changing the boundaries would not affect the feasibility study. The purpose of the hearings is to decide what the boundaries should be and redrawing the boundaries would not put a stop to incorporation. Attempt to Disrupt Incorporation Commissioner Scheiderich said he did not believe the annexation was an attempt to undermine incorporation. He added he would have serious reservations about supporting the consent to annex if he believed this to be the case. Tax Revenue Commissioner Scheiderich stated annexation of the properties would not affect the tax revenue of the new city, since properties owned by the City and the TWD are not taxable. Parks Commissioner Scheiderich explained Metro had allocated money to purchase some of the property, and although this was public money, Tigard determined how and where the money was spent. He doubted Tigard would single out non-city residents when it came to using the park and added any parks created from the annexed parcels would be regional assets. Motion and Positions • Commissioner Scheiderich asked for a motion giving the Board's consent to annexation of the Clute, Menlor Reservoir, and Cach properties to the City of Tigard Intergovemmental Water Board July 20, 2006 2 197 and authorizing the Chair to sign the consent to annexation. Commissioner Carroll so moved and Commissioner Sherwood seconded the motion. Commissioner Scheiderich asked the Commissioners to state their position. Commissioner Carroll reported in order to protect water assets, the City of Durham recommended the annexation of the Menlor Reservoir, Clute property and Cach properties into the City of Tigard. Commissioner Winn, as the King City representative, reported he had been directed to recommend approval of consent to annexation. He stated his initial.objection was the IWB should not be in the business of annexing properties and the Board should not be used by the City of Tigard for this purpose. Commissioner Winn concluded that given Commissioner Scheiderich's assessment of the property situation, the consent to annex made sense. Note: On 7-26-06 King City submitted a revised letter dated 7-99-06 changing the wording of their previous memo from `The City Council of King City recommends that the IWB execute annexation " to "The City Council of King City recommends that the IWB consent to annexation "A copy of the revised letter is on file in the IWB record. Commissioner Sherwood, representing the City of Tigard, explained Tigard needed to protect and continue taking care of the water district property within Tigard city limits, as opposed to having the property reside within some other city. Commissioner Froude stated she would abstain from the vote. She represents the TWD and the District had not made a recommendation. The motion was approved by a majority vote of 4-0-1, with four yes votes and one abstention by Commissioner Froude. Note: item # 3, Next Meeting - August 9, 2006, 5.30 p.m. - Water Auditorium, was not discussed. 4. Adjournment: The meeting was adjourned at 5:12 p.m. Greer A. /nGaston, IWLB Recorder Date: Iq a-4 LW- Intergovemmental Water Board July 20. 2006 3 198 KING CITY 16200 SW. 116th Avenue. King City, Oregon 97224•ZM Phone: M) 63:}402 - FAX (500M 639.3TT1 7/19/2006 Atty. Bill Scheiderich, Chairman lntergovern1nental water Board City of Tigard 13125 SW Hall Blvd. Tigard, Oregon 97224 Dear Chairman Scheiderich: The City Council of. King City recommends that the ..MD execute annexation of the Menlor Reservoir Site, Clute property and Cach properties into the City of Tigard. XRSincer Faes mayor 199 KING CITY 16300 3W. 116th Avenue, Xmg City, Oregon 9M4-2693 Phone: (603) 639.4082 - FAX (603) 639.Mt 7/19/206 let e 4e. itlkd- 07-26-06P04:23 Atty_ Bill Scheideticb, Chairman Intergovernmental Water Board City of Tigard 13125 SW Hall Blvd. Tigard, Oregon 97224 Dear Chairman Scheiderich- The City Council of King City recommends that the MR consent to affixation of the Menlor Reservoir Site, Chile property and Cach properties into the City of Tigard. Sincerely, Charles R- Faw yor lVetG : On 7-21, Duo km t -faced &s ra std &&t~- dldAt-A? At- -awdi ~r ~v~eus nt,t,wlo of .ke;nom ~ r'e~n~c¢4~d>,s~h~ IWB execcc~i a,.rl nea~~ - . 200 CONFIRMATION OF CONSENT TO ANNEXATION On July 24, 2006, the Intergovernmental Water Board (IWB) signed petitions and consents to annexation to the City of Tigard for properties then shown on Washington County tax maps as: 2S I05DB00400 2S 105DB06100 2S 105DBO6200 S2105D000100 2S 105D000200 2SI05D000300 2S I05DB00400 The City received those petitions and consents no later than August 1, 2006. The IWB petition and consent was on behalf of the IWB and its members. The IWB was acting for the City of Tigard in submitting the petitions and consents. On August 7, 2006, the City published notice of a hearing on an annexation that included the above-referenced properties. That notice listed the City as the applicant and stated that the applicant is seeking annexation of property into the City of Tigard, including the above-listed properties. The notice also served as a written consent of the City to the proposed annexation. With the recording of certain property transactions, some of the tax lots listed above have been consolidated or reconfigured. The City is currently listed as the owner on title to the following properties, all of which are included in the properties listed above: 2S I05DBO6100 2S I05DBO6200 2S I05D000300 . 2S 105DB00400 The City was also the title owner to these properties at the time that IWB signed and submitted the petitions/consents to annexation. The City confirms that IWB had authority to consent to the annexations for all interests of the City of Tigard in any and all of the properties. The City hereby restates that it consents to the annexation as to all property-that it holds title to and as to any other interest in any of the properties. Dated this 26`h Day o ptember 2006 f CITY GARD • 201 Sep 30 06 11:31a John S. Molloy 5035219135 p.l ?13 FWX* fii)c §03 5a/ &a5 ~s r--es~q~elr c~ -C~~ /'y1cv cti culd he. r ('&ek &toel-,-I 311a arm. rct`ee ~ QS / / Aa s J , v huYJ k)cj '~-Ae qll- Cg- L 7~ ~ X11 f S S/G 1'1 C:~"`S ` 202 tIL. VV1/ VVJ 1V/VJ/ENVY Au" aY.JJ W1A 11~VVVV ~V'ED Gcr LAW OFFICES of 2006 Cf7-Y JOSSELSON, POTTER & ROBETOSb P~'V1V1NGjOtr TIGA p 425 NW 10TH AVENUE, SUITE RANG PORTLAND, OREGON 97209 Telephone: (503) 228-1455 Facsimile: (503) 228-0171 FAX COVER SHEET FAX NUMBER: S(~ /'96 DATE: le (3A> TIME Z y_!~' NO. PAGES: 3 (including cover sheet) TO: Emily Eno, FROM: Larry Derr ~.######%K#%Y#$*##yk-..y.#####=k#####3#~`$*#sFak###:a###$~.lk*#$X44###$i.fi$-~.4t=i1k'##:k##:i:kt#t'~a=#4# MESSAGE Please include the attached letter in the record for the Cach Creek annexation. Thank you. This fax is also being sent by regular mail. X This is only being sent by fax. The information contained in this fax is confidential and is intended only for the use of the individual or entity to whom it is addressed. It may contain information protected by the attorney-client privilege. If you do not receive all pages, plcase call (503) 228-1455 and ask for Tcni or Linda 203 lV/ Vu/ a.VVU aVa] at. uu a'[>s aaVVUV tai VV,L/ VVJ LAW Offices Of JossdSON, POTTER & RObERTS THE GREcoay • SME 306 425 NW IOTh AvE;q!E PoRytmd, OREgov 97209 TELEpkomc (503) 228-1455 BY FAX 503-598-1960 Tigard City Council Attn: Emily Eng Tigard City Hall 13125 SW Hall Boulevard Tigard, OR 97223 Re: Proposed Cach Creek Annexation Mayor Dirksen and Members of the Council: I represent Lisa Hamilton-Treick in connection with the above described annexation proposal. My client opposes the annexation. This letter supplements material provided to the Council by Ms. Hamilton-Trieck and other opponents, all of which raise • issues that must be addressed by the Council before it attempts to annex this property. The threshold issue is whether the City can proceed at all until the result of the incorporation election for the City of Bull Mountain is known. The incorporation proceeding was initiated with the filing of valid signed petitions and a map of the proposed annexation territory with Washington County on May 30, 2006. On June 6, 2006 the Board of County Commissioners set hearing dates for July 25, August I and August 8, 2006 and ordered the giving of notice of the hearings. On August 8 the Board adopted an order to place the incorporation on the November 7, 2006 ballot. Notice of the action pursuant to Metro Code was subsequently given. No appeals were filed to LUBA or under Metro procedures within the prescribed times. The territory of the proposed annexation is entirely within the area originally proposed for incorporation by the petition map and the area included in the Board order. The City has taken no actions to initiate this annexation that are prior in time to the incorporation procedures. The City does not have authority to proceed with the annexation unless and until the incorporation vote fails to favor the incorporation. Proceeding in the interim is also in violation of Metro Code sections 3.09.040(a)(1) because the City does not have jurisdiction to proceed, 3.09.050(d)(5) because doing so in the face of a competing and prior annexation proceeding is not consistent with the orderly provision of public facilities and services, and 3.09.050(d)(7) because of the violation of state law in doing so. LAWRENCE R. DERR 204 FAcsfnilie. (503) 22&0171 Of Colpa. E-ML* JpR@ 1Vi vur a.uvu aua, ii.uu •.au a~v~v.. aZa, uuur vu.i 1 ~JOSSEISON, POTTER & RObERTS Tigard City Council Attn: Emily Eng Page 2 - Continued Moreover, it does not appear from this record that the Council, the legislative body of the City, provided for a public hearing necessary to avoid an election under ORS 222.120(2), or that a petition for annexation was submitted that complies with the requirements of Metro Code 3.09.040. Sunrise Lane is dedicated County Road. The annexation proposal does not include a petition or consent to annexation from Washington County for the extended length of Sunrise Lane included in the annexation or account for the property as property included without consent. The adjacent property that was included in the Sunrise Lane annexation is not, or within few days will not be, in the City as a result of the remand of that action by LUBA. The Court of Appeals appeal from LUBA's decision has been dismissed and LUBA either has or shortly will reissue its remand order. With the Sunrise Lane annexation area excluded from the City, the proposed annexation becomes one that relies on a long "cherry stem" approach that cannot be justified. The City must clarify what the current status of zoning and the Bull Mountain Community Plan are for the property and what changes, if any will be made by this annexation action. If annexation changes the zone and/or removes the Bull Mountain Community Plan, notice must have been given to LCDC under state statute. In the'case of the removal of the Bull Mountain Community Plan, the City must explain how the action will comply with Goal 5 for the identified natural resources, including trees, on the property. Very truly yours, w nce R. Derr 205 Supplemental EXHIBIT C Cach Creek Area Annexation - Assessed Value of Properties to be Annexed Tax Ma Property Owner Acres Assessed Value Market Value 2S105DB06100.... City of Tigard-___ - 1.36 0 424.34810 2S105D606200__ City of Tigard 0.37 _ _ - - ----------104,0 2S105D600400___ Tisard Water District 11.03 0 1.316,700 . _ . ,.500. - 2S105D000201_ _ City ofTi~ard__ _ 12.15 _ _ _ _ 0 1.157. 2S1056600300 Dyer-------------------- --2:56 980 2S105DD00200 Dyer________ __0.47 - __-_----150` 180 . 2S105D000300 City ofTisard_-_- -3.20 - _ 0 130 2S105D000400 Ci of Tigard 0.93 0 578,210 Torest Deferral 206 Ca" Wheatley - Re: A couple of questions Page 1 From: Dick Bewersdorff QAex\AC'. L'-,~ q To: TWoodr@aol.com D, D, Date: 10110/2006 1:20:39 PM Subject: Re: A couple of questions Not really because it was an island annexation and it was needed for sewer service to a large number of parcels; I am sure there were some who did not want to be annexed but the need for services and the fact that it was an island did not provide much significant controversy. Dick Bewersdorff dick@tigard-or.gov <TWoodr@aol.com> 10/10 12:59 PM Do you consider qhe Walnut Island an involuntary annexation? Tom CC: Beth St. Amand; Tom Coffee 207 Cathy Wheatley - Re: A couple of=questinns Page 1 < From: Dick Bewersdorff To: TWoodr@aol.com Date: 10110/2006 8:05:02 AM Subject Re: A couple of questions No the original bigger Bull Mtn annexation that went to a vote. Dick Bewersdorff dick@tigard-or.gov <TWoodr@aol.com> 10/09 7:41 PM Thanks Dick, When you say "other than the Bull Mountain annexation" do you mean the 8 parcels that we are deciding on Tuesday night? tom Good Morning: The Walnut Island annexation was in 1999_ It involved almost 500 tax lots and was surrounded by the City's limits. Other than the Bull Mountain annexation, there have been 79 other annexations since 1990. None of these, to my knowledge, was involuntary though the double majority system in place may have added some parcels that were not part of the original petition in some of the annexations. However, about.ten • subdivisions were required to be annexed as part of land use conditional approval. I hope this provides the information you need. Dick Bewersdorff dick(D.tigard-or.gov <TWoodr(@_aol.com> 10/07 9:37 PM Thanks for the information Dick, I have a couple more questions I would like answered before Tuesday night When was the Walnut Park annexation? In the last 15 years or so how many total parcels have been annexed and how many of those have been involuntary? Just a ball park. idea is fine. Thanks. tom woodruff Date: Wed, 04 Oct 2006 13:36:50 -0700 From: "Craig Prosser" <CRAIG(a)tigard-or.gov> To: "council mail councilmair' <councilmail(-tigard-or.gov> Cc: "Cathy Wheatley" <CATHY(a)-tigard-or.gov>, "Tom Coffee" <Tomc(a)-tigard-or.gov> Subject Fwd: Re: A couple of- questions 208 Cathy Wheatley - Re: A code of questions Page 2 Mime-Version: 1.0 Content-Type: multipartlaltemative; boundary="=_Part60440C72.2_=" FYI Dick Bewersdorff 10/4/200612:15 PM Hi Nick: 1) Yes, in general terms a good portion of the more recent development has been on or around Bull Mtn. It was on the outskirts of the City's boundaries where most of the larger parcells of vacant land existed. (Beth. and Darren created a map that shows single family development since 1994 which does a good job of portraying that.) 2) Most of the parcells around the limits of the City came in as voluntary annexations since the City did not agressively seek annexation but waited for owners to request annexation. The only exception was really the Walnut Island • annexation. 3)May 12, 1997 4)We changed the development code in 1998. Previous to that subdivisions were reviewed at a public hearing by the Hearings Officer. The change was made because the state statutes allowed it and the requirements for straight subdivisions are so perscribed by development requirements and street and utility requirements that there was little benefit in the hearing process other than giving people false expectations that major changes or denials could come through the hearing process even though developments met standards. If you have any other questions, let me know. Dick Bewersdorff dick(a)tigard-or.gov (mailto:dick(c-tigard-or.gov) "Nick Wilson" < nick(a)atlas-la.com (mailto:nick(a-)atlas-la.com). > 10/04 11:39 AM Hi Dick, 1 had a couple of questions that 1 need answered for some remarks that 209 Cathy Wheatley - Re: A couple of questions Page 3 lam preparing for next Tuesday's Council Meeting: Us it safe to say that most of the single family development in Tigard since 1990 has occurred on and around Bull Mountain? i.e. Benchview, Hillshire, Castle Hill, etc. 2.Were most of these areas already in the city limits of Tigard when they were developed, were they voluntarily annexed to Tigard as they developed, or were most of them annexed as a condition of development subject to our agreement with Washington County? 3.When (what year) did we begin doing development review on behalf of Washington County? 4.Prior to our development code update that Bev Bookin did, every subdivision required a public hearing before the planning commission. What was the year that we changed that? Nick Wilson • Atlas Landscape Architecture 320 SW 6th Avenue, Ste. 300 Portland, OR 97204 (503) 224-5238 CC: Beth St. Amand; Tom Coffee 210 October 4, 2006 CITY OF TIGARD OREGON Carolyn Sunderman Department of Revenue Cadastral Information Systems Unit PO Box 14380 Salem, OR 97309 RE: Request for Review of Revised Legal Description and Exhibit for Proposed Annexation (DOR 34-P377-2006). Dear Carolyn: Enclosed, please find the revised legal description and tax maps for the proposed Cach Creek Area Annexation (DOR 34-P377-2006) located along SW Sunrise Lane adjacent to the City of Tigard. The City has revised its proposal because one of the applicants withdrew his • property. Please review this information and respond with any changes that will need to be made prior to the annexation. Thank you for your time. If you have any questions or comments, please contact me at (503) 718-2712 or Emil ti rd-or.gov. Sincerely, J Emily Eng Assistant Planner Enclosures: Tax map(s), legal description 211 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 TDD (503) 684-2772 S 2n 1" 'V-"A u ~ Richard W. bernicht, 'Ex Officio _ 0ecelpt 166962 Receipt Date: 10/02/2006 04:51 Washington County Clerk Station: 18 Cashier: HEATHERL ,155 N 1st Avenue Suite 130, MS 9 Hillsboro, Or 97124 Receipt Name: CITY OF TIGARD - ~ PHONE 503-846-8752 Account Namer 137 - TIGARD, CITY OF - Comments: CACH CREEK ANNEXATION & MAPS (MODIFIED) Thank You Miscellaneous Fees Retain this receipt for your records ANNEXATION MINIMUM FEE (Y/N) YES $37.00 ENTER # ASSESSOR MAPS FULL 6 $21.00 # OF ADDTL. ANNEXATION 1/2 HRS 1 $25.00 Receipt Total $83.00' N ACCOUNT 137 - TIGARD, CITY OF $83.00! Page 1 of 1 Cathy Wheatley - Cach Creek Annexation Pa e i From: Carol Krager To: • Date: 10/2/2006 1:37:05 PM Subject: Cach Creek Annexation At their September 26, 2006, meeting Council voted to leave the record open for submission of written comments on the Cach Creek Annexation for seven days. Council will continue discussion and decision on this item at the Council meeting of October 10. The deadline for written responses is 3:00 p.m. on TUESDAY, OCTOBER 3. These need to be turned in to me. Please check your mail, e-mail and fax machine for any responses. Date and time stamp them and deliver to me as soon as possible. (If you receive something by 3:00, you can have until 5:00 p.m. to bring it over, but make sure it is date and time stamped the minute you receive it.) Thank you. Call me at ext. 2419 if you have any questions. • 213 Cach Creek Area - ZCA 2006-00002 Agenda Item #6 - September 26, 2006 Statement by City Attorney - Quasi-Judicial Land Use Hearing Procedures A copy of the rules of procedure for today's hearing is available at the entrance. The staff report on this hearing has been available for viewing and downloading on the City's website and a paper copy of the staff report has been available in the Tigard Public Library for the last seven days. The Council's role in this hearing is to make a land use decision under existing laws. The Council cannot change the law for the land use application now under consideration. Any person may offer testimony. Please wait until you are-asked to speak by the Mayor and try to limit your remarks to the application standards for the application. Members of the City Council will be asked whether they have any conflicts of interest. If a Council member has an actual conflict, the Council member will not participate. Council members must declare any contacts about this case with a member of the public. Council members must also declare if they have independent knowledge of relevant facts, such as from a visit to the site in question. A Council member who describes ex parte contacts or • independent information may still participate in the decision. After the discussion of conflicts and ex parte contacts, any person may challenge the participation of a Council member or rebut any statements made. The Council member in question may respond to such a challenge. Tonight, City staff will summarize the written staff report. Then the parties requesting annexation and those in favor of the proposal testify. Next witnesses who oppose the application or who have questions or concerns testify. If there is opposition or if there are questions, the proponents can respond to them. The Council members also may ask the staff and the witnesses questions throughout the hearing until the record closes. After all testimony is taken, including any rebuttal, the proponents can make a closing statement. After the record is closed, the City Council will deliberate about what to do with the application. During deliberations, the City Council may re-open the public portion of the hearing if necessary to receive additional evidence before making a decision. You may testify orally or in writing before the close of the public record to preserve your right to appeal the Council's decision to the Land Use Board of Appeals. You should to raise an issue clearly enough so that Council understands and can address the issue precludes an appeal on that issue. Please do not repeat testimony offered by yourself or earlier witnesses. If you agree with the statement of an earlier witness, please just state that and add any additional points of your own. to Please refrain from disruptive demonstrations. Comments from the audience will not be part of 214 the record. The point is, come to the microphone to get your comments on the tape, otherwise, they won't be preserved for appeal. When you are called to testify, please come forward to the table. Please begin your testimony by giving your name, spelling your last name, and give your full mailing address including zip code. If you represent someone else, please say so. If you have any exhibits you want us to consider, such as a copy of your testimony, photographs, petitions, or other documents or physical evidence, at the close of your comments you must hand all new exhibits to the City Recorder who will mark these exhibits as part of the record. The City staff will keep exhibits until appeal opportunities expire, and then you can ask them to return your exhibits. iAadmlcamylccatquasi judicial rules of procedure%rules of procedure - city attorney qj statement 48 - each creek area - september 26 2006.dod 215 AGENDA ITEM NO. G This is a City of Tigard public meeting, subject to the State of Oregon's public meetrng and records laws. All written and oral testimony become pan of the public record. The names and addresses ofpersons who attend or participate in City of Tigard public meetings will be included in the meeting minutes, which is a public record. Proponent (Speaking in Favor) Opponent (Speaking Against) Neutral NAME, ADDRESS & PHONE NAME, ADDRESS & PHONE NAME, ADDRESS & PHONE Please Print Please Print Please Print Na e: L E"~U~To~ / ~5/'~ Name: Name: Also, ple e spell your name s it sounds, if it Also, please spell your name as it sounds, if it Also, please spell your name as it sounds, if will help th residing offi r pronounce: will help the presiding officer pronounce: it will help the presiding officer pronounce: C69~li0 G D Address Address Address City City City State v ip 5 72 z State /14~ Zi State Zip Phone No. " 7t~y' S0~-- Phone No. OZ 6 Phone No. Name: Name: Name: Also, please spell your name as it sounds, if it Also, please spell your name as it sounds, if it Also, please spell your name as it sounds, if will help the presiding officer pronounce: will help the presiding officer pronounce: it will help the presiding officer pronounce: Address Address Address City City City State Zip State zip State Zip one No. Phone No. Phone No. N ►r . li~h F RD CITY COUNCII,, LOCAL CT REVIEW BOARD AND CITY R DEVELOPMENT AGENCY MEETING tember 26, 2000 6:30 p.m TIGARD TIGARD CITY HALL 13125 SW HALL BLVD TIGARD, OR 97273 PUBLIC NOTICE: Anyone wishing to speak on an agenda item should sign on the appropriate sign-up sheet(s). If no sheet is available, ask to be recognized by the Mayor at the beginning of that agenda item. Citizen Communication items are asked to be two minutes or less. Longer matters can be set for a future Agenda by contacting either the Mayor or the City Manabger. Times noted are estima it is recommended that persons interested in testifying be present by 7:15 p.tn to sign in on the testimony sign-in sheet Business agenda items can be heard in any order after 7:30 p.m. • Assistive Listening Devices are available for persons with impaired heating and should be scheduled for Council meetings by noon on the Monday prior to the Council meeting. Please call 503-639-4171, ext. 2410 (voice) or 503-684-2772 (IDDD - Telecommunications Devices for the Deaf). Upon request, the City will also endeavor to arrange for the following services: • Qualified sign language interpreters for persons with speech or hearing impairments; and • Qualified bilingual interpreters. Since these services must be scheduled with outside service providers, it is important to allow as much lead time as possible. Please notify the City of your need by 5:00 p.m. on the Thursday preceding the meeting by calling. 503-639-4171, ext 2410 (voice) or 503-684-2772 (IDDD - Telecommunications Devices for the De4. SEE ATTACHED AGENDA TIGARD CITY COUNCIL., CITY CENTER DEVELOPMENT AGENCY, AND LOCAL CONTRACT REVIEW BOARD AGENDAS - SEPTEMBER 26, 2006 Page 1 217 • AGENDA TIGARD CITY COUNCIL, LOCAL CONTRACT REVIEW BOARD AND CITY CENTER DEVELOPMENT AGENCY MEETING SEPTEMBER 26, 2006 TIGARD CITY COUNCIL MEETING 630 PM • STUDY SESSION > DISCUSS CITYWIDE EMPLOYEE SURVEY > DISCUSS POTENTIAL JAYWALKING ORDINANCE > REVIEW THE SYSTEM DESIGN REPORT FROM NEW WORLD AUDIO VIDEO AND PROVIDE STAFF WITH DIRECTION • EXECUTIVE SESSION: The Tigard City Council may go into Executive Session. If an Executive Session is called to order, the appropriate ORS citation will be announced identifying the applicable statute. All discussions are confidential and those present may disclose nothing from the Session. Representatives of the news media are allowed to attend Executive Sessions, as provided by ORS 192.660(4), but must not disclose any information discussed. No Executive Session may be held for the purpose of taking any final action or making any final decision. • Executive Sessions are closed to the public. Recess Council Meeting and Convene the City Center Development Agency Meeting TIGARD CITY COUNCIL AND LOCAL CONTRACT REVIEW BOARD MEETINGS 730 PM 1. BUSINESS MEETING 1.1 Call to Order - City Council & Local Contract Review Board - 1.2 Roll Call 1.3 Pledge of Allegiance 1.4 Council Communications & Liaison Reports 1.5 Call to Council and Staff for Non-Agenda Items 2. CITIZEN COMMUNICATION (Two Minutes or Less, Please) • Tigard Area Chamber of Commerce Representative • Follow-up to Previous Citizen Communication TIGARD CITY COUNCIL, CITY CENTER DEVELOPMENT AGENCY, AND LOCAL CONTRACT REVIEW. BOARD AGENDAS - SEPTEMBER 26, 2006 Page 2 218 3. CONSENT AGENDA: These items are considered to be routine and may be enacted in one motion without separate discussion. Anyone may request that an item be removed by motion for discussion and separate action. Motion to: 3.1 Approve City Council Minutes: September 12, 2006 3.2 Endorse Submittal of Two Community Development Block Grant Project Applications - Resolution No. 06- 3.3 Approve a Cost-of-Living Adjustment for Management/Supervisory/Confidential Group Employees Effective October 1, 2006, and Amendment of the Salary Plan - Resolution No. 06- 3.4 Approve Municipal Court Judge's Personal Services Agreement - Resolution No. 06- 3.5 Local Contract Review Board a. Award Contract for Water Quality Analysis Services to Alexin Analytical Laboratories and Authorize Staff to Take the Necessary Steps to Complete and Execute the Contract b. Approve the Intergovernmental Agreement (IGA) for the Development of Fanno and Summer Creek Wetland Mitigation Sites Between the City of Tigard, Tri-County Metropolitan Transportation District (Trillet), and Clean Water Services (CWS), and Authorize the City Manager to Sign the IGA C. Approve Amendment to the 2006/07 Pavement Major Maintenance Program - Phase 1 Contract with Morse Brothers, Inc., to Add Projects • Consent Agenda -Items Demoted for ,eparate Drscrurion An items requested to be ~emoted fmm the ConsentAgenda for separate discussion w/1 be considered immediately after the Council bas anted on those items mhuh do not need discussion. 4. EMPLOYEE RECOGNITION: TIGARD POLICE PUBLIC INFORMATION AND CRIME PREVENTION OFFICER JIM WOLF a. Staff Report: Police Department b. Council Comments 5. CONSIDER A RESOLUTION IN SUPPORT OF THE WASHINGTON COUNTY COOPERATIVE LIBRARY SERVICES - LIBRARY OPERATIONAL LEVY a. Staff Report: Library Staff b. Council Discussion C. Council Consideration: Resolution No. 06- TIGARD CITY COUNCIL, CITY CENTER DEVELOPMENT AGENCY, AND LOCAL CONTRACT REVIEW BOARD AGENDAS - SEPTEMBER 26, 2006 Page 3 219 6. PUBLIC HEARING (QUASI-JUDICIAL) TO CONSIDER THE ANNEXATION OF THE CACH CREEK AREA (ZCA 2006-00002) PROPOSAL: The applicant is requestng annexation of-eleven (11) ,parcels and the Sunrise Lane right-of-way containing a total of 40.93 acres into the City of Tigard. LOCATION: Abutti g and west of Sunrise Lane, and abutting and north of SW Bull Mountain Road, inclu ririgght-of-way on SW Sunnse Lane; Washington County Tax Assessor's Map No. (W ZS105DB, Tax Lots 6100, 6200 & 400;WC1`M 2S108AB, Tax Lots 1200 & 1201; WCTM 2S105DC, Tax Lots 100, 201,300 & 400; and WCTM 2S105DD, Tax Lots 200 & 300. CURRENT ZONING DESIGNATION: R-6 District (Residential 6 Units Per AcrC. e hpurpose of the Washington County R-6 District is to implement the policies of the Comprehensive Plan for areas designated for residential development at no more than six (6) amts per acre and no less than five (5) units per acre, except as specified by Section 300-2 or Section 303-6. The intent of the R-6 District is to provide the opportunity for more flexibility in development than is allowed in the R-5 District. EQUIVALENT CITY ZONING DESIGNATION: R-7: Medium-Density Residential District The City of Tigard R-7 zoning district is des' ed to accommodate attached single-family homes, detached single-f imi1v inimum lot homes with or without accessory residential units, at a: size of 5,000 square feet, and duplexes, at a minimum lot size of 10,000 scluare feet Mobile home parks and subdivisions are also permitted oumm.g~ht. Some civic and institutional uses are also permitted conditionally. APPLICABLE REVIEW CRITERIA: ORS Chapter 222, Metro Code Chapter 3.09, Comprehensive Plan Policies 2 and 10, Community Development Code Chapters 18.320 and 18.390. a. Open Public Hearing b. Declarations or Challenges c. Staff Report: Community Development Staff d Public Testimony: Proponents Opponents Rebuttal e. Staff Recommendation £ Close Public Hearing g. Council Consideration: Ordinance No. 06- 7. COUNCIL LIAISON REPORTS 8. NON AGENDA ITEMS TIGARD CITY COUNCIL, CITY CENTER DEVELOPMENT AGENCY, AND LOCAL CONTRACT REVIEW BOARD AGENDAS - SEPTEMBER 26, 2006 Page 4 220 9. EXECUTIVE SESSION: The Tigard City Council may go into Executive Session. If an Executive Session is called to order, the appropriate ORS citation will be announced identifying the applicable statute. All discussions are confidential and those present may disclose nothing from the Session. Representatives of the news media are allowed to attend Executive Sessions, as provided by ORS 192.660(4), but must not disclose any information discussed. No Executive Session may be held for the purpose of taking any final action or making any final decision. Executive Sessions are closed to the public. 10. ADJOURNMENT (The Tigard City Center Development Agency Meeting follows) CITY CENTER DEVELOPMENT AGENCY (CCDA) MEETING 1. CALL TO ORDER AND ROLL CALL 2. CONSIDER A RESOLUTION ADOPTING THE TIGARD DOWNTOWN STREETSCAPE DESIGN PLAN a. Staff Report Community Development Department b. CCDA Discussion C. CCDA Consideration: CCDA Resolution No. 06- 3. ADJOURNMENT (The Tigard City Council/Local Contract Review Board Meetings follow) TIGARD CITY COUNCIL, CITY CENTER DEVELOPMENT AGENCY, AND LOCAL CONTRACT REVIEW BOARD AGENDAS - SEPTEMBER 26, 2006 Page 5 221 t: 0 Agenda Item # Meeting Date 9/26/2006 COUNCIL AGENDA ITEM SUMMARY City Of Tigard, Oregon Issue/Agenda Title Cach Creek Area Annexation (ZCA2006-00002) Prepared By:_ Emile Egg Dept Head Approval: - L-- City Mgr Approval: ISSUE BEFORE THE COUNCIL Shall City Council approve annexation of 40.93 acres of land (Zone Change Annexation - ZCA2006-00002) located adjacent to and west of Sunrise Lane, and adjacent to and north of SW Bull Mountain Road, including right-of-way on SW Sunrise Lane? The proposed territory is contiguous to City limits and can be served by urban services. STAFF RECOMMENDATION Adopt the recommended ordinance annexing the subject territory into the City of Tigard. FACTS AND INFORMATION SUMMARY State law (ORS 222.120(4)(b), ORS 222.125, and ORS 222.170(1) and (2)) authorizes a city to annex contiguous territory when owners of land in the proposed annexation territory submit a petition to the legislative body of the city. The owners of the properties in the proposed territory have submitted petitions for annexation to the City of Tigard. The City invited adjacent owners to join the annexation; four have expressed interest, but their properties have not been included with this proposal due to time limitations and notice requirements. The proposed annexation territory (Cach Creek Area Annexation) includes eleven parcels of unincorporated territory totaling 40.93 acres. The proposed territory is contiguous to the City of Tigard on the City's western boundary, including the SW Sunrise Lane right-of-way. Goal 5 and Bull Mountain Community Plan natural resources exist on a majority or portions of the properties in the proposed territory. Most of the proposed territory is publicly owned and will be used for the purposes of a reservoir and parkland. Four tax lots, which make up 9.14 acres, are privately owned, and two of these tax lots are currently under development review (in a separate land use decision) for a 17-lot subdivision with 30 dwelling units (single-family dwellings with accessory dwelling units). The applicable review criteria for this application are ORS Chapter 222; Metro Code Chapter 3.09; City of Tigard Comprehensive Plan Policies 2 and 10, and Community Development Code Chapters 18.320 and 18.390. Staff finds that the proposed annexation (ZCA2006-00002) meets all the approval criteria and recommends that the until approve ZCA2006-00002 by adoption of the attached ordinance. 222 *acts: 1. The proposed territory is contiguous to City limits; 2. Urban services are available to serve the proposed territory; 3. The proposed territory is within the City's Urban Growth Boundary and Metro's Urban Growth Boundary; and 4. The proposed territory is within the City's Urban Service Area and Area of Interest. OTHER ALTERNATIVES CONSIDERED Not approving ZCA2006-00002 if it does not meet the applicable review criteria. COUNCIL GOALS AND TIGARD BEYOND TOMORROW VISION STATEMENT Growth and Growth Management, Goal #2: Urban services will be provided to all citizens within T`igard's urban growth boundary. ATTACHMENT LIST Attachment 1: An Ordinance Annexing 40.93 Acres, Approving Cach Creek Area Annexation (ZCA2006-00002) and Withdrawing Property 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. Exhibit A: Legal Description of Proposed Annexation Territory Exhibit B: Washington County Taxation and Assessment Map for Proposed Annexation Territory Exhibit C: Site and Vicinity Map of Proposed Annexation Territory Exhibit D: Petition for, and Consent to, Annexation to the City of Tigard Exhibit E: Staff Report to the City Council FISCAL NOTES If approved, the proposed annexation territory would not be transferred to the City's tax roll until July 1, 2007. Annexations must be final by March 31 of the same calendar year for the tax year beginning July 1. 223 CITY OF TIGARD, OREGON TIGARD CITY COUNCIL_ • ORDINANCE NO. 2006- Z5- AN ORDINANCE ANNEXING 34.82 ACRES, APPROVING CACH CREEK AREA ANNEXATION (ZCA2006-00002), AND WITHDRAWING PROPERTY 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 222.120(4)(b), ORS 222.125, and ORS 222.170(1) and (2) 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 he within the boundary of the Tigard Water District, the 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 upon completion of the annexation; and WHEREAS, the Tigard City Council held a public hearing on September 26, 2006, to consider the annexation of eight (8) parcels (WCTM 2S105DB, Tax Lots 6100, 6200 & 400; WCTM 2S105DC, Tax Lots 201, 300 & 400; and WCTM 2S105DD, Tax Lots 200 & 300) of land located adjacent to and west of SW Sunrise Lane, and adjacent to and north of SW Bull Mountain Road, including right-of-way on SW Sunrise Lane and withdrawal of said property from the Tigard Water District, 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; and WHEREAS, pursuant to ORS 222.520(2) the City is liable to the Water District for certain debt obligations, however, in this instance the Water District has no debt for the City to assume, therefore, no option regarding the assumption of debt needs to be made; and WHEREAS, pursuant to Metro 3.09, ORS 222.120 and 222.524, notice was given and the City held a public hearing on the issue of the annexation into the City and withdrawal of the annexed property from the Tigard Water District, the 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 on September 26, 2006; and WHEREAS, pursuant to ORS, 222.524, the City must declare the withdrawal of annexed properties from the Tigard Water District, 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 by Ordinance; and ORDINANCE NO. 2006- ZCA2006-00002 Cach C Page 1 of 3 224 WHEREAS, the Tigard Development Code states that upon annexation, the zone is automatically changed to the City zoning most closely conforming to the County zoning; and WHEREAS, the current zoning district is R-6, a Washington County zoning designation, and the zoning after annexation would be automatically changes to R-7, the equivalent City of Tigard zoning designation, so that no zone change is necessary, and by annexation the Comprehensive Plan of the City of Tigard goes into effect; 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 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 parcels described in the attached Exhibit "A" and shown in Exhibit "B" and withdraws said parcels from the Tigard Water District, 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. SECTION 2: The Tigard City Council adopts the "Staff Report to the City Council" as findings in support of this decision; a copy is attached hereto as Exhibit "D" and incorporated herein by this reference. SECTION 3: This ordinance shall be effective 30 days after its passage by the Council, signature by the Mayor and posting by the City Recorder. SECTION 4: City staff is directed to take all necessary measures to implement the annexation, including certified copies of the Ordinance with Metro for administrative processing, filing with state and county agencies as required by law, and providing notice to utilities. SECTION 5: Pursuant to ORS 222.120(5), the effective date of the withdrawal of the property 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 this annexation. SECTION 6: Pursuant to ORS 222.465, the effective date of the withdrawal of this property from the Tigard Water District shall be July 1, 2007. ORDINANCE NO. 2006- ZCA2006-00002 Cach Cc Page 2 of 3 225 SECTION 7: In accordance with ORS 222.180, the annexation shall be effective upon filing with the Secretary of State. • PASSED: B vote of all Council members resent after being read by number and title only, this day of , 2006. Cathy Wheatley, City Recorder APPROVED: By Tigard City Council this day of , 2006. Craig Dirksen, Mayor Approved as to form: City Attorney Date • ORDINUMNICE NO. 2006- ZCA2006-00002 Cach Page 3 of 3 226 CITY OF TIGARD, OREGON TIGARD CITY COUNCIL . ORDINANCE NO. 2006- AN ORDINANCE ANNEXING 40.93 ACRES, APPROVING CACH CREEK AREA ANNEXATION (ZCA2006-00002), AND WITHDRAWING PROPERTY 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 222.120(4)(b), ORS 222.125, and ORS 222.170(1) and (2) 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 He within the boundary of the Tigard Water District, 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 upon completion of the annexation; and WHEREAS, the Tigard City Council held a public hearing on September 26, 2006, to consider the annexation of eleven (11) parcels (WCTM 2S105DB, Tax Lots 6100, 6200 & 400; WCTM 2S108AB, ~Cax Lots 1200 & 1201; WCTM 2S105DC, Tax Lots 100, 201, 300 & 400; and WCI'M 2S105DD, Tax sots 200 & 300) of land located adjacent to and west of SW Sunrise Lane, and adjacent to and north of SW Bull Mountain Road, including right-of-way on SW Sunrise Lane and withdrawal of said property from the Tigard Water District, 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; and WHEREAS, pursuant to ORS 222.520(2) the City is liable to the Water District for certain debt obligations, however, in this instance the Water District has no debt for the City to assume, therefore, no option regarding the assumption of debt needs to be made; and WHEREAS, pursuant to Metro 3.09, ORS 222.120 and 222.524, notice was given and the City held a public hearing on the issue of the annexation into the City and withdrawal of the annexed property from the Tigard Water District, 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 on September 26, 2006; and WHEREAS, pursuant to ORS 222.524, the City must declare the withdrawal of annexed properties from the Tigard Water District, 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 by Ordinance; and ORM ANCE NO. 2006- ZCA2006-00002 Cach Cre Page 1 of 3 227 WHEREAS, the Tigard Development Code states that upon annexation, the zone is automatically changed to the City zoning most closely conforming to the County zoning; and *HEREAS, the current zoning district is R-6, a Washington County zoning designation and the zoning after annexation would be automatically changes to R-7, the equivalent City of Tigard zoning designation, so that no zone change is necessary, and by annexation the Comprehensive Plan of the City of Tigard goes into effect; 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 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 parcels described in the attached Exhibit "A" and shown in Exhibit "B" and withdraws said parcels from the Tigard Water District, the Washington County Enhanced Sheriffs Patrol District, Washington County Urban Roads Maintenance District, Washington County Street Lighting District is #1, and the Washington County Vector Control District. SECTION 2: The Tigard City Council adopts the "Staff Report to the City Council" as findings in support of this decision; a copy is attached hereto as Exhibit "D" and incorporated herein by this reference. SECTION 3: This ordinance shall be effective 30 days after its passage by the Council, signature by the Mayor and posting by the City Recorder. SECTION 4: City staff is directed to take all necessary measures to implement the annexation, including certified copies of the Ordinance with Metro for administrative processing, filing with state and county agencies as required by law, and providing notice to utilities. SECTION 5: Pursuant to ORS 222.120(5), the effective date of the withdrawal of the property 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 this annexation. SECTION 6: Pursuant to ORS 222.465, the effective date of the withdrawal of this property from the Tigard Water District shall be July 1, 2007. ORDINANCE NO. 2006- ZCA2006-00002 Cach Creel Page 2 of 3 228 SECTION 7: In accordance will. ORS 222.180, the annexation shall be effective upon filing with the Secretary of State. •ASSED: By vote of all Council members present after being read by number and tide only, this day of 72006. Cathy Wheatley, City Recorder APPROVED: By Tigard City Council this day of , 2006. Craig Dirksen, Mayor Approved as to form: City Attorney Date ORDINANCE NO. 2006- ZCA2006-00002 Cach Cree Page 3 of 3 229 EXHIBIT A . r • ANNEXATION DESCRIPTION A tract of land situated in the Section 5, Township 2 South Range 1 West Willamette Meridian described as follows: Beginning at the Northeast Comer of Stanhurst; thence N 00° 47'29" E a distance of 1227.67 feet; thence N 00° 47'29" E a distance of 225.00 feet; thence S 88° 52' 17" E a distance of 341.09 feet; thence S 00° 47' 29" W a distance of 225.00 feet; thence N 88° 52' 17" W a distance of 117.09 feet; thence S 00° 11'04" E a distance of 348.04 feet; thence S 89° 12'37" E a distance of 420.08 feet; thence S 01' 12'28" W a distance of 615.64 feet; thence N 88D41'47" E a distance of 356.41 feet to the westerly right-of-way of SW Sunrise Lane; thence along the said westerly right-of-way the following 7 courses; thence N 14° 18' 07" W a distance of 11.36 feet; thence N 16° 59'53" E a distance of 92.68 feet; thence N 43° 18'47" E a distance of 111.75 feet; thence N 04° 36'28" E a distance of 155.66 feet-, thence-N 01' 25' 58" Ea distance of 131.41feet; thence N 18° 08'48" W, along said westerly right-of-way, a distance of 101.59 feet; thence N 05° 04' 06" E, along said westerly right-of-way, a distance of 89.57 feet; thence S 84° 55' 54" E leaving said westerly right-of-way, a distance of 40.00 feet to the easterly right-of-way of SW Sunrise Lane; thence N 84° 18'39" E a distance of 123.69 feet; thence S 87° 13'42" E a distance of 312.82 feet; thence S 01° 01'50" W a distance of 304.42 feet; thence N 89° 28'08" W a distance of 409.21 feet to the easterly right-of-way of SW Sunrise Lane; thence, along said easterly right-of-way the following 8 courses, S 01' 25' 58" W a distance of 11.28 feet thence S 04° 36'28" W a distance of 171.82 feet; thence S 43° 18'47" W a distance of 116.45 feet thence S 16° 59' 53" W a distance of 72.12 feet; thence S 14° 18' 07" E a distance of 184.66 feet thence S 04° 12' 11" W a distance of 330.61 feet thence S 00° 35' 17" W a distance of 322.91 feet thence S 00° 15' 17" W a distance of 68.92 feet to the northerly right of-way of SW Sunrise Lane; thence S 89° 49'00" E, along said northerly right-of-way, a distance of 237.80 feet thence S 00° 43'00" W, along said northerly tight-of-way, a distance of 20.00 feet thence S 89° 49'00" E, along said northerly right-of-way, a distance of 920.60 feet thence S 00° 56'05" W a distance of 20.00 feet thence N 89° 49'00" W a distance of 4.92 feet to the northwest corner of lot 19 Bull Mountain Estates; thence S 00° 11'00" W, along the west line of said lot 19, a distance of 15.00 feet to the extension of the southerly tight-of-way of SW Sunrise Lane; thence N 89° 49' 00" W, along said southerly right-of-way, a distance of 251.37 feet to the northwest corner of lot 18 Bull Mountain Estates; thence N 00° 25' 58" E, a distance of 15.00 feet to the northwest corner of Bull Mountain Estates; thence N 89° 49' 00" W, along southerly right-of-way of SW Sunrise Lane, a distance of 941.78 feet to the westerly right of way of SW Sunrise Lane; thence N O0° 15' 17" E, along said westerly right-of-way, a distance of 109.57 feet thence N 00° 35' 17" E, along said westerly right-of-way, a distance of 175.45' feet thence N 89° 47'37" W a distance of 310.04 feet; thence S 00° 31'09" W a distance of 130.19 feet thence N 89° 49'00" W a distance of 284.88 feet thence S 00° 47' 38" W a distance of 155.00 feet; thence N 89° 49'00" W a distance of 135.00 feet thence S 00° 04'53" E a distance of 635.13 feet thence N 89° 36' 18" W a distance of 147.71 feet thence S 00° 23' 50" W a distance of 195.50 feet to the northerly right-of-way of SW Bull Mountain Road; thence N 79° 16'44" W, along said northerly right-of- way; a distance of 156.58 feet to the easterly line of Stanhurst; thence N 00° 07' 38" E, along said easterly line, a distance of 799.61 feet to the one-quarter comer between Sections 5 and 8 Township 2 South, Range 1 West; thence N 00° 47' 29" E, along said easterly line, a distance of 665.14 feet to the point of beginning. Containing 41.87 acres. EXCEPTING A tract of land situated in the Section 5, Township 2 South Range 1 West Willamette Meridian described as follows: Commencing at the Northeast Comer of Stanhurst thence N 00° 47'29" E a distance of 262.71 feet thence S 89° 10' 59" E a distance of 624.11 feet thence S 01' 05' 50" W 10.03 feet thence N 88° 41' 59" E a distance of 217.00 feet to The True Point of Beginning; thence S 05° 00'48" E a distance of 227.46 feet 230 thence S 89° 49' 00" E a distance of 180.12 feet to the westedy right of way of SW Sunrise Lane; thence N 04" 12' 11" E, along the westerly right-of-way of SW Sunrise Lane, a distance of 68.12 feet; thence N 14° 18' 07" W, along the westerly right-of-way of SW Sunrise Lane, a distance of 168.15 feet; thence S 88° 41' 59" W a distance of 163.44 feet to the true point of beginning Containing 0.94 acres MldannMafionr~VM 291 section 5 v-sos.aoc AMM-n0N.CERTIFIEA BY SEP 0 6 2006 WASHINGTON COUNTY A & T CARTOGRAPHY 231 ••WASH IN OTON COUNTY ORCOON KALE 1" • 100' •w 1200 Yff MAP /,OIAr, ?s 1 6 • (SUNRISE LANE) r L Ir•e.rrr r•aa rwtlta _ fur ~ _uw or n.•ra•r 1 ,a/.Jrv sap, . w0. .unu 101 I I DO 1000 1.31 A.. 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I~YCapt~FSe~ , Zr1att'w rf 1 w ~l~' t1° 5 d 1 +s R llst rr a SCALE 1' 100' I~,1.3 #~J3 .I~bl ,(li7l kji 1 [ non 11 t r r ,1flY `~iM rit• l~St 't? +~}u O, E4h i r i fi jf l;kN, tV r }rC it +iJ l+ 1 "lR 0 a L ~ t~. 1-'. , y § 4 1 v t' LA A`l ~iln,t s + .pl,. SIF~+ iy~'" `kJl OOp W A•, ,sY,. '1e i7r j0 16 11 ;Ia vs' 14 l41 y th..' a.mne .23 r 23-78 p, z k 1 100 ! ' ` JU !!e 20 ! rl ¢01 yS1 YYY y ,o: gig 77 1,4 24 • t t 7/".'}l !f S~ h O.T AIO FOR ADDITIONAL MA►a VISIT OUR WEE81T! A T ■ VI! L rr + ' . {1a www eo w.Mlnpron.or.u. - - - - - - - - - - - - - - + rgepv---------- ------1- - - - ov l! •h C'~t>.u 1~r.; ,Jy furl: tFPIYs},A•~v. tt, J j '!?+1 k4 . f 1n.AOa 1SN Y e 4 a+1 ~ 1. KER t , Yid itt r i1, d ' + E 236 I V;. ' ec 1 eb Ac 'AD 400 NF Y 1. ! n /,e a ! TaT 1 . At C (CR 2638) fft-I* cA• Da a R to{A+a . ip ~~V1E ~J ryy + J r l.ye7 r.. 4 CC t + i b OC bD N 1 r t 1 tlt S IM F' t L . boo S~+ tv I Y0y4~ j Y v n~iia I a { l ,O wpa . I 1 ;1 t t 4 "S CundlW Tubs Por: 9810600 , I~ t.,9 i b l~ lt~zk w u gh,~t >11,i ( ^ --'OC:3T- .,Y. z+nan } JI l9 z yc~'P ' ' no• .,d y .Y+ b" ob N'+ nw F Y 14 ~t n rid ~'~10, I i`~ ANNEXATION CERTIFIED Y•., \ Lrc'b+.' N y mire ..e' i %e j { BY I~ F' I.9 w,S a. + Y~kI I ✓,t+\ r'PI "~'Y+d~i(~1 Z07 L11- 1~ Boo SEP 082006 A ' 1 'f~, .dkd~ t~h{, ii4 m~•~.:br' ` t v WASHINASTOGR PH YA6T CR100RAY it t r A*0'MM rt .r. iT Qf ++-Y♦\H,tt~ till~~/1~ r+' r iy- L ry,1a, 1l) 31 le+~' y~l fi eY„r f +L Lu r 0 .as;, ~0~. ff X~k~(F•~.Lr VS aSk fLL``lN,~c i• r t .4 bi. + taw ~Y ~ ti ,O,\ "w F ,}~"r n. ~ Y tr ; k r . ~ } rik~B Q' \I, 1y 1.Pi s a a r Z xl r~ n a'1 kr ~G ,')fir++r?;;`'k~ +)a~~ r~ W + tryt k. }Y ~Y''+''2 ' > PLOT GATE: September 06, 2009 •it, QV r1v.1 ~,,Pyr. NSt ecti,'"1 ~ '~u t44n+~,1 Q i> R *i bJeY r bll t i4 i4,i"e r} a5 ~$`I FOR ly~yy$E pjjypl~~~ ES Ilff y~Ii •y,.;~ reA,1 f~ bS ~',r IVY', ~ kb ry.11'. 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Q 'Ot • ' ,Z f tt•A9 ar awe, 6 ae. ri a1m Iaem•-, W MAYVIEW WAY e 1 Q '>t"' _ '•.a 1' .,l:' 3 `:F~`, , °1 fa ffoo tam t.m roo aem . .:l's j ;'aMti;:,r+:w»':: a/ to to tr t° um aam . ; . or., CI. o ,w o o a : ,w e6A : a OJ pppp2e Q aeao9 !°R. ! 111600 •I °tp?~. ^ . ,e« • 18 ! •r:•• xem ; 2800 1loo 4 20 + ~.iq h ° a :',aM.,..:' ,'i ,:o,'; 71 fa 7t n..« 1' fD :i«m ie~ r : •,iuJt •;',1M~1'rb7M:.•: ring. 01' 00 600 t00o 16m 1600 A00 ti i ' n'• , n?• e , Ii.~°°.,:' C n ~g 2f tt fo 18 000, 1, w« um :em d .e,.. ,w . 1 P ~I' : a.• :e :e 4m iao , 1 t000~t f a eto S t n m a, , •M.• ► a~q., .p ~i .:iAfi•' i`1s~'•' •:'Niy~, ;IBp' ''i/I,1.:` ft . aim Nm ~"law It 3: 41 SW t• N 1e°~ M A Y 4 JIE$ bri 5 re ' 37 YARROW AY o'e ie} i 1100 l~•,,. SJ°'. • um ,.m ,em em R 1 a.oo ' f ff,. ,~i' t:ooM 16 1e n to DRIVE a . 41 ' g ' RtiT°: ~ ~ ; WASHINGTON COUNTY OREGON . ? 6Q' / { 7. !4''' ~f\F 'J",• NW114891/4 SECTION 06T28R1WW.M. 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CametlW TUUab Fer, 2810508 Z f• a,oo.asao,aoa°.eoo, m t~•. ae is .i ,•'a'i`,~' +OO ` ,•r~ ANNEXATION CERTIFIED lkikb: o'. ;Ra•• ;,i , q SEP 6 2006 1e~ .'3it ti D • 'a a "'""w WASHINGTON COUNTY A 6 T CARTOGRAPHY 181) WAY a . i• fi•. w::: Aisso It smrvan4 Soo a~ T^ a x a 4 0 ® P1 ° a6 auaa 4 PLOT DATE; May 23, 2002 qq FOSASSESSMENTUSRPBSES em ' .t°'m NLFOR STHER E N Mao w« ae,..n°lywrN oq rwaper a eo,eaa,e,e° f€ p.mm w eYnM1nna °M' anCmgnwi,!°an h nwn ~~,{[l. x a,..myop,rym.wrwa rha«cmnew unaprw mp .,i, w,'aea : ,y aeu nwn wnnlbma,hn. x(f , `Mm 9 2S 1 05DB 2S 1 05DB N W Ch -LIIPLLLLLP)-J < FI SW w Q a~ Cach Creek Area - s Annexation m T E. _ - City of Tigard W KLIPSAN Oregon NEW LVE 'CONE Proposed Annexation Area _.~RE m - ~ sw s City of Tigard a Taxlot Boundary _•BAK _ LN _ cn CT~YJaw4..i~r„~_WYmy:.u.uu.r N W TO THE COLOL OF THE CITY OF TIGARD, OREGON: On behalf of the Tiggard Intergovernmental Water Board and to the exten~the Board members' property interest in the properties deoFibed below as Board Chairman I hereby petition for, and give consent to, Annexation of said property to the City of Tigard. We understand that the City will review this request in accordance with O`RS Chapter 222 and applicable regional and local policies prior to approving or denying the request for Annexation. LEGEND: PO - Property Owner RV - Registered Voter PAGE OF OV - Pro ert Owner & Registered Voter I AM A PROPERTY DESCRIPTION SIGNATURE PRINTED NAME PO RV OV ADDRESS Township/ Map Tax Lot Precinct DATE Section Number Number Number uxU14AM JX004004 c SS rw 9'ffWA0 V-r Q722 2S-1W5 DB 400 •Z 6200 6100 2S-1 W5 DC 100 200 300 400 M K co N ~ - w V I:\curpln\masters\revlsed\anxpetn.mst 15-Aug-02 TO THE COUJOL OF THE CITY OF TIGARD, OREGON: On behalf of the Tigard Intergovernmental Water Board and to the extent o the Board members' prNee rty interest in the properties detbed. below as Board Chairman I hereby petition for, and give consent to, Annexation of said property to City of Tigard. We understand that the City will review this request in accordance with ORS Chapter 222 and applicable regional and local policies prior to approving or denying the request for Annexation. LEGEND: PO - Property Owner RV - Registered Voter PAGE 2. OF OV - Pro ert Owner & Registered Voter I AM A PROPERTY DESCRIPTION SIGNATURE PRINTED NAME PO RV OV ADDRESS Township/ Map Tax Lot Precinct DATE Section Number Number Number 2S-1 W5 DB 400 -ToyClorfu c t 3 s w S tC%.wP.t cr qZ 6200 .p 6100 2S-1W5 DC 100 200 300 400 N w 00 hcurplnlmasterslrevlsedlanxpetn,mst 15-Aug-02 TO THE COUOL OF THE CITY OF TIGARD; OREGON: On behalf of the-Tigard Intergovernmental Water Board and to the extent o the Board members' forotl~ee&ypf rtinterest in the properties degbed below as Board C5airman I Hereby petition for, and ive consent to, Annexation of said property Tigard. We understand that -the City will review this request in accordance with ORS Chapter 222'and applicable regional and local policies prior to approving or denying the request for Annexation. LEGEND: PO - Property Owner RV - Registered Voter PAGE 30F OV - Pro ert Owner & Registered Voter I AM A ~Town OPERTY DESCRIPTION SIGNATURE PRINTED NAME PO RV OV ADDRESS ) M ap Tax Lot Precinct DATE Section Number Number Number 2S-1W5 DB 400 6200 31 J&eba • C#4Ct o9AA c3 SS sw sreue-icr u 6100 •y{q 2S-1 W5 DC 100 200 300 400 N W O I:\curpln\masters\revised\anxpetn.mst 15-Aug-02 TO THE COLOL OF THE CITY OF TIGARD, OREGON: 4 On behalf of the Tigard Inter overnmental Water Board and to the extent of the Board members' ro ert interest in the properties doibed below as Board Chairman I hereby petition for, and give consent to, Annexation of said property to the City of Tigard. We understand that the City will review this request in accordance with ORS Chapter 222 and applicable regional and local policies prior to approving or denying the request for Annexation. LEGEND: PO - Property Owner RV - Registered Voter PAGE q OF OV - Pro ert Owner & Registered Voter I AM A PROPERTY DESCRIPTION SIGNATURE PRINTED NAME PO RV OV ADDRESS Township/ Map Tax Lot Precinct DATE Section Number Number Number 2S-1W5 DB 400 6200 6100 ScHF c 13441c N l 3 SS sW s: Z U&JC_r 4?2-Z 2S-1 W5 DC 100 2S o 200 300 400 N O !:\curpln\masters\revised\anxpetn.mst 15-Aug-02 TO THE COOIL OF THE CITY OF TIGARD, OREGON: S • On behalf of the Tiggard Intergovernmental Water Board and to the extent of the Board members' property interest in the properties described below as Board Chairman I hereby petition for, and give consent to, Annexation of said property to the City of Tigard. We understand that the City will review this request in accordance with ORS Chapter 222 and applicable regional and local policies prior to approving or denying the request for Annexation. LEGEND: PO - Property Owner RV - Registered Voter PAGES OF OV - Property & Registered Voter I AM A PROPERTY DESCRIPTION SIGNATURE PRINTED NAME PO RV OV ADDRESS Township/ Map Tax Lot Precinct DATE. Section Number Number Number 2S-1W5 DB 400 6200 6100 2S-1W5 DC 100 0_4V%. Sch4et0)Z#ejCK SS Sw stt~l~'ti+~t' 4?223 200 •L •b 300 400 N -P I:\curpln\masters\revised\anxpetn.mst 15-Aug-02 lD TO THE COOIL OF THE CITY OF TIGARD, OREGON: On behalf of the Tigard Intergovernmental Water Board and to the extent of the Board members' foroNee&ypf rinterest in the properties d0bed below as Board Chiairman I hereby petition for, and give consent to, Annexation of said property Tigard. We understand that the City will review this request in accordance with ORS Chapter 222 and applicable regional and local policies prior to approving or denying the request for Annexation. LEGEND: PO - Property Owner RV - Registered Voter PAGE OF OV - Property Owner & Registered Voter I AM A PROPERTY DESCRIPTION SIGNATURE PRINTED NAME PO RV OV ADDRESS Township/ Map Tax Lot Precinct DATE Section Number Number Number 2S-1 W5 DB 400 6200 6100 2S-1W5 DC 100 200 Sctt~corE'/ztc + sw .t1'~ e.F ? 300 ?•z .o 400 N N I:\curpln\masters\revised\anxpetn,mst 15-Aug-02 TO THE COIJOL OF THE CITY OF TIGARD, OREGON: On behalf of the Tiggard Intergovernmental Water Board and to the extent of the Board members' property interest in the properties detribed below as Board Chairman I hereby petition for, and give consent to, Annexation of said property to the City of Tigard. We understand that the City will review this request in accordance with ORS Chapter 222 and applicable regional and local policies prior to approving or denying the request for Annexation. LEGEND: PO - Property Owner RV - Registered Voter PAGE *--/-OF 7" OV - Property Owner & Registered Voter I AMA PROPERTY DESCRIPTION SIGNATURE PRINTED NAME PO RV OV ADDRESS Township/ Map Tax Lot Precinct DATE Section Number Number Number 2S-1 W5 DB 400 6200 6100 2S-1W5 DC 100 200 300 uza Er E2t c 3 (P SS W N C 400 N W I:\curpln\masters\revised\anxpetn.mst 15-Aug-02 u TO THE COIL OF THE CITY OF TIGARD, OREGON: • We, the undersigned owner(s) of the property described below and/orelector(s) residing at the referenced location(s), hereby petition for, and ive consent to, Annexation of said property to the City of Tigard. We understand that the City will review this request in accordance with IRS Chapter 222 and applicable regional and local polices prior to approving or denying the request for Annexation. LEGEND: PO - Property Owner RV - Registered Voter PAGE OF OV - Property & Registered Voter I AMA PROPERTY DESCRIPTION SIGN TURE PRINTED NAME PO RV OV ADDRESS Township/ Map Tax Lot Precinct DAT Section Number Number Number D&/ct~,s ,~bECt~iFr C o F 77 T2 S 4.5"pC 20 / / 3/25' S-c.~ e~-L~- ~LIJd • ~~o ~F. g72zs D N ' i:\curpln\masters\revised\anxpetn.mst 15-Aug-02 N ' TO THE COUNCIL OF THE CITY OF TIGARD, OREGON: 04 CD We, the undersigned owner(s o(the prope~{y described below andlar•efector s) resid at the referenced location(s) hereby pef~ion for, and &RS e consent to, Anraeoaation o said property~O the CityY of~ Tigard. We unders d that gie Clty will revieMr this regques) in accordancewNh Chapter 222 and sppficabfe regional and beef pdticles prfor to approving or denying the request for Annem ion. r M : ~ LEGEND PO - Property Owner RV-Reglsteted Voter PAGE OP OV- P eti oymer & E!gstered Voter N a l AN A PROPERTY DESCRIPTION m SIGNATURE PRWTED NAME PO RV OV ADDRESS Toweshot . Map Tax Lai PmdW DATE Section Number Member Number Noffz for X -3-06, Sunridge-•Build:rc 'Road and SW Bull Mount@ln x Inc. dba Brentwood Road. 2S1 NAB_ M Homes as President m b co N C7 . 0 x ' c W N N m ~ r r~ ' I:ku~pYOmt~R~slrevlsedgmp•tamst 1'.l•Au~02 tv TO THE COIL OF THE CITY OF TIGARD, OREGON.: We, the undersigned owner(s) of the property described below and/or elector,) residing at the referenced location(s), hereby petition for, and give consent to, Annexation of said property to the City of Tigard. We understand that the City will review this request in accordance with ORS Chapter 222 and applicable regional and- local policies prior to approving or denying the request for Annexation. LEGEND: PO - Property Owner RV - Registered Voter PAGE OF OV - Property Owner & Registered Voter I AMA PROPERTY DESCRIPTION IGN . PRINTED NAME PO RV OV ADDRESS Township/ Map Tax Lot Precinct DAT- "I Section Number Number Number - ~r9 Z-D aoo 8'I pC, N Q' hcurpKmasters\revlsed\anxpetn.mst 15-Aug-02 EXHIBIT E Agenda Item: Hearing Date: September 26, 2006 Time: 7:30 PM STAFF REPORT TO THE CITY COUNCIL = FOR THE CITY OF TIGARD, OREGON • ' 120 DAYS = N/A SECTION I. APPLICATION SUMMARY FILE NAME: CACH CREEK AREA ANNEXATION CASE NOS: Zone Change Annexation (ZCA) ZCA2006-00002 APPLICANT/ COORDINATOR City of Tigard OWNER: City of Tigard (Multiple Contact: Beth St. Amand Contact Dennis Koellermeier applicants): 13125 SW Hall Blvd. 13125 SW Hall Blvd Tigard, OR 97223 Tigard, OR 97223 OWNER: Tigard Water District OWNER: Jon Dyer PO Box 23000 PO Box 848 Tigard, OR 97223 Lake Oswego, OR 97304 OWNER: Sun Ridge Builders, Inc./ Brentwood Homes Contact-- John Noffz 15170 SW Finis Lane Tigard, OR 97224 PROPOSAL: The applicant is requesting annexation of-twelre-0.2) eleven (11) parcels and the Sunrise Lane right-of-way containing 41.41 a total of 40.93 acres 'into the City of Tigard. LOCATION: Abutting and west of Sunrise Lane, and abutting and north of SW Bull Mountain Road, including right-of-way on SW Sunrise Lane; Washington County Tax Assessor's Map No. (WCTM) 2S105DB, Tax Lots 6100, 6200 & 400; WCTM 2S108AB, Tax Lots 1200 & 1201; WCTM 2S105DC, Tax Lots 100, 201, 300 & 400; and WCTM 2S105DD, Tax Lots 200 & 300. CURRENT ZONING DESIGNATION: R-6 District (Residential 6 Units Per Acre). The purpose of the Washington County R-6 District is to implement the policies of the Comprehensive Plan for areas designated for residential development at no more than six (6) units per acre and no less than five (5) units per acre, except as specified by Section 300-2 or Section 303-6. The intent of the R-6 District is to provide the opportunity for more flexibility in development than is allowed in the R-5 District. CACH CREEK AREA ANNEXATION 247 ZCA2006-00002 *EQUIVALENT CITY ZONING DESIGNATION: R-7: Medium-Density Residential District. The City of Tigard R-7 zoning district is designed to accommodate attached single-family homes, detached single-family homes with or without accessory residential units, at a minimum lot size of 5,000 square feet, and duplexes, at a minimum lot size of 10,000 square feet. Mobile home parks and subdivisions are also permitted outright. Some civic and institutional uses are also permitted conditionally. APPLICABLE REVIEW CRITERIA: ORS Chapter 222, Metro Code Chapter 3.09, Comprehensive Plan Policies 2 and 10, Community Development Code Chapters 18.320 and 18.390. SECTION II. STAFF RECOMMENDATION Staff regmends that the Copncd fip thate proposed anneratit~n {.~CA24i-4QQ02)ecsIl the ~p rovalcntena as zdent icd>an 2S ~ apter 222 IVIeIro'Code~ pie ' } ComFrehc i e 'r s z `c-s, PIan Policies 2~and10, Commututy DevebpiuentCode Ch~p~ers X8.320 aiid i8 ~90 ~,,~'Berefdre~,~"~s~" t ;recommends :APPROVAL: of ZCA20A6-00002 by adoption of theatta°e3iged~ordtna~.ce SECTION III. BACKGROUND INFORMATION Site Information: The subject site is located along the western boundary of the City of Tigard; the majority of Sunrise Lane is contiguous to the City limits. The site is part of unincorporated Bull Mountain and the City of Tigard's Urban Service Area. The subject site is predominantly in public ownership and is either currently used for public purposes or will be in the future. The City intends to use the publicly owned land for the purposes of a reservoir and parkland. The Mentor Reservoir provides public water storage facilities for the Tigard Water District. The subject site also includes land banked for the Cache Creek Natural Area and future public water facilities: The City of Tigard Water Distribution System Hydraulic Study (May 2000) shows a future 550'-elevation-zone Reservoir #1 located on City-owned land adjacent to Sunrise Lane. The subject site also includes residential land (vacant and in current use). There are four primary structures located on the subject site: the Mentor Reservoir and three homes. The City approved a lot line adjustment (MIS2006-00012) for 2S105DC, Tax Lot 100 on July 7, 2006. The two southernmost residential parcels (2S108AB, Tax Lots 1200 and 1201) are currently under development review; the owner has submitted separately a land-use application for a 17-lot subdivision with a total of 30 dwelling units (SUB2006-00003). The application was submitted to the City on January 31, 2006 when the City still provided development services to the Urban Service Area as agreed in the Washington County - Tigard Urban Services Intergovernmental Agreement (terminated July 20, 2006). This application is a separate land-use decision with its own set of review criteria and will not be addressed in this report. The majority of the subject site contains steep slopes, defined as 25% slope or greater. The City of Tigard Community Development Code requires Sensitive Lands permits for development on parcels with steep CACH CREEK AREA ANNEXATION 248 ZCA2006-00002 Wountam opes. There are two wetlands designated as Tide 3 wetlands in the subject area. Goal 5 and Bull Community Plan natural resources exist on a majority or portions of the subject tax lots, protection for which will be considered if or when any of the proposed territory develops. SECTION IV. APPLICABLE REVIEW CRITERIA, FINDINGS AND CONCLUSIONS State: ORS Chapter 222 RegionaL• Metro Code Chapter 3.09 City: Comprehensive Plan Policies 2 and 10, Community Development Code Chapters 18.320 and 18.390. A. CITY OF TIGARD COMMUNITY DEVELOPMENT CODE aITLE 18)! Staff has determined that the proposal is consistent with the relevant portions of the Community Development Code based on the following findings: 1. Chapter 18.320.020: Approval Process and Standards B. Approval Criteria. The decision to approve, approve with modification, or deny an application to annex property to the City shall be based on the following criteria: 1. All services and facilities are available to the area and have sufficient capacity to provide service for the proposed annexation area; and The City of Tigard Comprehensive Plan's Urbanization Chapter (Policy 10.1.1) defines services as water, sewer, drainage, streets, police, and fire protection. Each service is addressed below. Policy 10.1.1 further defines capacity as "adequate capacity, or such services to be made available," to serve the parcel "if developed to the most intense use allowed," and "will not significantly reduce the level of services available to developed and undeveloped land in the City of Tigard." The proposed annexation territory is currently zoned R-6, a Washington County residential zone designated for residential development at no more than six (6) units per acre and no less than five (5) units per acre. With annexation, the subject site's zoning would change to R-7 per Table 320.1 (Tide 18). This equivalent city zoning provides for medium-density, single-family residential with a minimum residential lot size of 5,000 square feet As noted earlier, the subject site's current and planned uses are mostly public: water provision and a natural area. The property deeds for certain parcels limit the City to these two uses. If the remaining 9.14 residential acres were developed to their designated capacity of 7 units per gross acre, without allowance for the sensitive lands present, the sites could accommodate approximately 63 units total. This gross calculation breaks down as follows: two northeast parcels (Dyer), 21 units; two southwest parcels (Brentwood), 42 units. These figures were used for City department evaluations of Policy 10.1.1 of the available services. When these sites develop, the applicant will be required to connect to public service facilities. The land-use review process will identify specific service provisions and require additional facilities or upgrades as appropriate, as well as consider the sensitive lands present. Water - City of Tigard Public Works. The City of Tigard's water system has the capacity to provide the minimum State of Oregon water service requirements for the proposed annexation, CACH CREEK AREA ANNEYL-MON 249 ZCA2006-00002 according to Public Works Dept. Project Engineer Rob Murchison. Murchison's review concluded that the parcels developed to the most intense use allowed will not significantly reduce the level of services available to developed and undeveloped land within the City of Tigard. Attachment A includes Murchison's Aug. 16, 2006, memo and a map of water serviceability to the annexation area that identifies area water lines. Murchison's memo also notes that the proposed development (Brentwood) may require upsizing and a 8" connection to the existing system; again, that application is a separate land-use decision with its own set of review criteria and will not be addressed in this report. The land-use review process will identify specific service provisions and require additional facilities or upgrades as appropriate based on the specific development proposal. Tigard City Engineer Gus Duenas further confirms that the City has adequate capacity ("Memorandum," Attachment B) and states that "the City has the ability and capacity to determine what specific improvements may be needed and the ability and capacity to provide service through its existing system and any additional infrastructure that will be required when development occurs." Sewer - Clean Water Services/City of Tigard. Tigard City Engineer Gus Duenas ("Memorandum," Attachment B) reviewed the proposal and provided the following comments: "Sanitary sewer service is provided at the retail level by the City and at the wholesale level by Clean Water Services (CWS). As to the capacity of the City's system, the City is capable of providing retail level sewer service without significant reduction in the level of services provided to developed and undeveloped properties in the City. As with the water system, some local lines will be required to be provided by the developer at the time of the development. The City is prepared to accept, operate and maintain public sewers constructed within the annexed area. Sewer service can be extended from CWS facilities in Menlor Lane and 154th Avenue located north of the site. The City is capable of determining what additional facilities will be required and of administering all portions of the retail sanitary sewer system, both existing and future .additions in the area to be annexed, without significant reduction in the level of services provided to properties in the City." Drainage - Clean Water Services/City of Tigard. Tigard City Engineer Gus Duenas ("Memorandum," Attachment B) reviewed the proposal and provided the following comments: "Storm drainage service, like sanitary sewer service, is provided jointly by the City and CWS. Site specific drainage facilities will be required at the time of development and will be developed and constructed in accordance with City standards. The retail system as the capacity to provide adequate storm drainage without significant reduction in the level of services provided to developed and undeveloped properties in the City." Streets - City of Tigard Capital Construction & Transportation Division. The City's Transportation System Plan (TSP) standards apply. The proposed annexation territory is located adjacent to Sunrise Lane, which is designated a neighborhood route in the City's Transportation System Plan (TSP). In addition, the southernmost portion of the proposed annexation territory (WCTM 2S108AB01201) fronts directly on SW Bull Mountain Road, which the City's TSP designates as a collector. Additional roads to serve the proposed annexation territory . include 150th Avenue, Roshak Road, 154th Avenue, and other surrounding streets. Tigard City Engineer Gus Duenas ("Memorandum," Attachment B) reviewed the annexation proposal and concluded that some improvements to these streets may be required as part of the development of the annexed area, including extension of existing streets into the area. However, Duenas determined that the CACH CREEK AREA ANNEXATION 250 ZCA2006-00002 • City can provide services to this site, and "doing so will not significantly reduce the level of services to developed and undeveloped land within the City of Tigard." Police - City of Tigard Police Department. The City of Tigard's Police Department has reviewed the annexation proposal and stated that the proposed annexation would not impede current levels of service to existing developed and undeveloped areas in the City of Tigard. If the area is annexed, Tigard Police can provide adequate services to the proposed area. (Attachment C). Fire - Tualatin Valley Fire and Rescue (TVF&R). Tualatin Valley Fire and Rescue (I'VF&R) already serves the proposed annexation territory. Additionally, TVF&R reviews all subdivision development proposals and annexation proposals for the City of Tigard and would provide additional comments at that time. Based upon this review, staff finds that all public services (as defined by the Comprehensive Plan) are available to the proposed annexation territory and all public services have sufficient capacity to provide service to the proposed annexation territory 2. The applicable Comprehensive Plan policies and implementing ordinance provisions have been satisfied. Three Comprehensive Plan policies apply to proposed annexation: 2.1.1, 10.1.1., and 10.1.2. Staff has determined that the proposal has satisfied the applicable Comprehensive Plan policies based on the following findings: Policy 2.1.1: Citizen Involvement. The City shall maintain an ongoing citizen involvement program and shall assure that citizens will be provided an opportunity to be involved in all phases of the planning process. The City maintains an ongoing citizen involvement program. To assure citizens will be provided an opportunity to be involved in all phases of the planning process, the City provides notice for Type IV land-use applications. The City posted, mailed and published notice of the public hearing as follows. The City posted the hearing notice at four public places on August 11, 2006: Tigard Library, Tigard City Hall, Tigard Permit Center,. and in the general vicinity of the proposed territory on SW Sunrise Lane and on SW Bull Mountain Road near SW Roshak Road. The City published notice of the hearing in The Tigard Tualatin Sherwood Times for two successive weeks (September 7, 2006 and September 14, 2006) prior to the September 26, 2006, public hearing. The City also mailed notice to all interested parties and surrounding property owners within 500 feet on August 7, 2006. In addition, the City maintains a list of interested parties organized by geography. Notice was mailed to interested parties in the West area on August 7, 2006, which includes former Citizen Involvement Team contacts and CPO 4B, the citizen participation organization for the area. Staff finds that this policy is met. Policy 10.1-1: Urbanization. Prior to the annexation of land to the City of Tigard, a) the City shall review each of the following services as to adequate capacity, or such services to be made available, to serve the parcel if developed to the most intense use allowed, and will not significantly reduce the level of services available to developed and undeveloped land within the City of Tigard: 1. Water, 2. Sewer, 3. Drainage; 4. Streets; 5. Police; and 6. Fire Protection. As addressed under 18.320.020 above, adequate service is available to the proposed annexation CACH CREEK AREA ANNEXATION 251 ZC_j "6-00002 territory. Upon annexation, the proposed territory will be zoned R-7, a medium-density single- family residential zone with a minimum residential lot size of 5,000 square feet. The privately owned properties have an estimated maximum density of 63 units (not taking into account sensitive lands).' If they develop, the developer(s) will be required to connect the properties to public service facilities, such as sewer, storm drainage and water, and provide the necessary street improvements. Based on comments from City of Tigard staff, there is adequate capacity to serve the annexation area (water, sewer, drainage, streets, police, fire protection) if developed to the most intense use allowed, and it will not significantly reduce the level of services available to developed and undeveloped land within the City of Tigard. The City of Tigard department of Public Works has reviewed the annexation proposal and states that the City's water system can provide the minimum State of Oregon water service requirements for the proposed territory based on the maximum density permitted. Public Works states that water is available in quantity and quality and has not indicated that there would be a reduction in its capacity to provide water to the proposed annexation territory or reduce the level of service to the entire City. The Police Department reviewed the proposal and has no objections. The Engineering Department reviewed the proposal and has no objections. The Engineering Department confirmed that sewer service, storm drainage and street access are available to the site. Tualatin Valley Fire and Rescue (TVF&R), the current provider to the proposed territory, did not raise any objections. Staff concludes that there is adequate capacity to serve the proposed territory (water, sewer, drainage, streets, police, fire protection) if developed to the most intense use allowed, and will not significantly reduce the level of services available to developed and undeveloped land within the City of Tigard. b) If required by an adopted capital improvements program ordinance, the applicant shall sign and record with Washington County a nonremonstrance agreement regarding the following. 1. The formation of a local improvement district (L.I.D.) for any of the following services that could be provided through such a district. The extension or improvement of the following: a) Water, b) Sewer, c) Drainage, and d) Streets. 2. The formation of a special district for any of the above services or the inclusion of the property into a special service district for any of the above services. This criterion does not apply: No capital improvements program requires a nonremonstrance agreement for this area. Some urban services are already available for the proposed annexation territory; others are available nearby and would require connections from the proposed annexation area. However, these public facility requirements will be assigned as part of any subdivision review when an application is submitted. c) The City shall provide urban services to areas within the Tigard Urban Planning Area or within the Urban Growth Boundary upon annexation. The Tigard Urban Planning Area (as defined in the Washington County -Tigard Urban Planning Area Agreement (UPAA Duly 2006); see Attachment D of application submittal) includes the proposed annexation territory. The City is the designated urban services provider for the services defined in the Tigard Urban Service Agreement (FUSA) (2002) and subsequent operating agreements: police; parks, recreation and open space; roads and streets; sanitary sewer and storm water (through an operating agreement with Clean Water Services); and water service. Upon annexation, those services will be provided according to the City's current policies. Staff finds that this policy is met • 1 Maximum density was calculated using formula provided in Code Chapter 18.715. CACH CREEK AREA ANNEXATION ZCA2006-00002 252 Policy 10.1.2: Urbanization. Approval of proposed annexations of land by the City shall be based on findings with respect to the following. a) The annexation eliminates an existing "pocket" or "island" of unincorporated territory; or, b) The annexation will not create an irregular boundary that makes it difficult for the police in an emergency situation to determine whether the parcel is within or outside the City; c) The Police Department has commented upon the annexation; d) the land is located within the Tigard Area of Interest and is contiguous to the City boundary; e) The annexation can be accommodated by the services listed in 10.1.1(a). a) The proposed annexation does not eliminate an existing pocket or island of unincorporated territory. It does remove portions of an existing pocket ("Dyer" property) and would incorporate City-owned land and publicly owned land that provides Tigard residents with public services. b) As stated earlier, only 9.14 acres of the proposed annexation area are in private ownership and zoned for residential development. The remaining acreage consists of land in public ownership for public services, including land for the public water system and a natural area, which require limited services. The City of Tigard Police Department has reviewed the proposed annexation and has no objections. The department stated (Attachment C) that "the proposed boundary for the annexation does not appear to present any obstacles for emergency response by the Police Department." It should also be noted here that the owners of three adjacent properties on Sunrise Lane have expressed the desire to join this proposed annexation (15180, 14625, and 15110 SW Sunrise Lane); the annexation of those additional properties would eliminate additional pockets and create a more regular boundary. However, the current proposal does not include those properties. c) As shown in B. above, the City of Tigard Police Department has commented on the annexation. d) The UPAA Quly 2006) includes the proposed annexation territory within Tigard's Area of Interest The proposed annexation territory is contiguous to the City along the site's east boundary and Sunrise Lane. e) Lastly, as section 10.1.1.(a) demonstrated, the annexation can be accommodated by the following services: water, sewer, drainage; streets; police; and fire protection. Therefore, staff finds that the proposed annexation meets Policy 10.1.2. Policy 10.13: Urbanization. Upon annexation of land into the City which carries a Washington County zoning designation, the City of Tigard shall assign the City of Tigard zoning district designation which most closely conforms to the county zoning designation. Chapter 18.320.020 C of the Community Development Code provides specifics on this conversion. The proposed annexation territory's Washington County designation is R-6. Table 320.1 summarizes the conversion of the County's plan and zoning designations; R-6 County zoning converts to the City's R-7 zoning. As this is a Zone Change Annexation (ZCA) application, upon • approval and execution of the proposed annexation, the territory will assume R-7 zoning to conform with the table below. Additionally, the City's Comprehensive Plan designation for medium-density residential will be applied to this area. CACH CREEK AREA ANNEYLAMON 253 ZCA2006-00002 TABLE 320.1 CONVERSIO\ TABLE FOR COUNTY AND CITY PLAN A's D ZOINING DESIGNATIONS Washington County Land Use City of Tigard Zoning City or Tigard Districts/Plan Designation Plan Designation R-5 Res. 5 units/acre R-4.5 SFR 7,500 sq. ft. Low density 1-5 units/acre R-6 Res. 6 unitslacre R-7 SFR 5,000 sq. ft. Med. density 6-12 unitslacre R-9 Res. 9 unitsiacre R-12 Multi-family 12 unitslacre Med. density 6-12 units/acre R-12 Res. 12 units/acre R-12 Multi-family 12 units/acre Med. density 6-12 uniwacre R-15 Res. 15 uuit&.acre R-25 Multi-family 25 units.'acre Medium-High density 13-25 unitsiacre R-24 Res. 24 units/acres R-25 Multi-family 25 units/acre Medium-High density 13-25 untts/acre Office Commercial C-P Commercial Professional CP Commercial Professional NC Neighborhood Commercial CN Neighborhood Commercial CN Neighborhood Commercial CBD Commercial Business CBD Commercial Business CBD Commercial Business District District District GC General Commercial CG General Commercial CG General Commercial IND Industrial I-L Light Industrial Light Industrials Is Chapter 18.320.020 C. Assignment of comprehensive plan and zoning designations. The comprehensive plan designation and the zoning designation placed on the property shall be the City's zoning district which most closely implements the City's or County's comprehensive plan map designation. The assignment of these designations shall occur automatically and concurrently with the annexation. In the case of land which carries County designations, the City shall convert the County's comprehensive plan map and zoning designations to the City designations which are the most similar. A zone change is required if the applicant requests a comprehensive plan map and/or zoning map designation other than the existing designations. (See Chapter 18.380). A request for a zone change can be processed concurrently with an annexation application or after the annexation has been approved. As the previous section demonstrated, the City of Tigard R-7 zoning district is the most similar to Washington County's R-6 zoning district. The proposed territory is currently R-6 and will automatically become R-7 upon annexation. This zone conversion will occur concurrently with the annexation process. There have been no requests for zoning other than R-7. City of Tigard Community Development Code 2. Chapter 18.390.060: Type IV Procedure Annexations are processed by means of a Type IV procedure, as governed by Chapter 18.390 of the Community Development Code (Title 18) using standards of approval contained in 18.390.020(B), which were addressed in the previous section. Chapter 18.390 requires City Council to hold a hearing on an annexation. It also requires the City to provide notice at least 10 days prior to the hearing by mail and to publish newspaper notice; the City mailed notice on August 7, 2006, and published public notice in The Tigard Tualatin Sherwood Times for two successive weeks (September 7, 2006, and September 14, 2006) prior to the September 26, 2006, public heating. CACH CREEK AREA ANNEXATION 254 ZCA2006-00002 additionally, Chapter 18.390.060 sets forth five decision-making considerations for a Type IV decision: 1. The Statewide Planning Goals and Guidelines adopted under Oregon Revised Statutes Chapter 197; The City's Comprehensive Plan has been acknowledged by the Land Conservation and Development Commission to be in compliance with state planning goals. As reviewed above, the annexation proposal meets the existing Comprehensive Plan policies and therefore is in compliance with state planning goals. 2. Any federal or state statutes or regulations found applicable; ORS 222: State law (ORS 222.120(4)(b), ORS 222.125, ORS 222.170(1) and (2)) allows for a city to annex contiguous territory when owners of land in the proposed territory to be annexed submit a petition to the legislative body of the city. ORS 222.120 requires the city to hold a public hearing before its legislative body (City Council) and provide public notice to be published once each week for two successive weeks prior to the day of the hearing, in a newspaper of general circulation in the city, and shall cause notices of the hearing to be posted in four public places in the city for a like period. The property owners (or their representatives) of all 11 parcels have submitted signed petitions for annexation to the City. The proposed annexation territory is contiguous to the City along the site's east boundary and Sunrise Lane. The City published public notice in The Tigard Tualatin Sherwood Times for two successive weeks (September 7, 2006, and September 14, 2006) prior to the September 26, 2006, public hearing and posted the hearing notice at four public places on August 11, 2006: Tigard Library, Tigard City Hall, Tigard Permit Center, and in the general vicinity of the proposed territory. Staff finds that the provisions of ORS 222 have been met. 3. Any applicable METRO regulations; Chapter 3.09 of the Metro Code (Local Government Boundary Changes) includes standards to be addressed in annexation decisions, in addition to local and state review standards. Note that the report is available 15 days before the hearing (September 11, 2006, for an September 26, 2006, hearing). Staff has determined that the applicable METRO reQU ons (Metro Code 3.09.040(b) &(d)) have been met based on the following findings: Metro 3.09.040 (b) (b) Not later than 15 days prior to the date set for a change decision, the approving entity shall make available to the public a report that addresses the criteria in subsections (d) and (g) below, and that includes at a minimum the following. (1) The extent to which urban services presently are available to serve the affected territory including any extra territorial extensions of service; As addressed previously in this report, urban services are available to the affected territory. (2) A description of how the proposed boundary change complies with any urban service provider agreements adopted pursuant to ORS 195.065 between the affected entity and all necessary parties; As addressed previously in this report, the annexation proposal complies with all applicable provisions of urban service provider agreements, UPAA (2006); and TUSA (2002). CACH CREEK AREA ANNEXATION 255 ZCA2006-00002 (3) A description of how the proposed boundary change is consistent with the comprehensive land use plans, public facility plans, regional framework and functional plans, regional urban growth goals and objectives, urban planning agreements and similar agreements of the affected entity and of all necessary parties; As addressed previously in this report, the annexation proposal complies with all applicable policies of the City of Tigard Comprehensive Plan and urban service provider agreements (UPAA (2006) and TUSA (2002). The proposed annexation territory is within the Urban Growth Boundary and subject to the Regional Framework Plan and Urban Growth Management Functional Plan provisions. There are no specific applicable standards or criteria for boundary changes in the Regional Framework Plan or the Urban Growth Management Functional Plan. However, the City's Comprehensive Plan and Development Code have been amended to comply with Metro functional plan requirements. By complying with the Development Code and Comprehensive Plan, the annexation is consistent with the Functional Plan and the Regional Framework Plan. (4) Whether the proposed boundary change will result in the withdrawal of the affected territory from the legal boundary of any necessary party; and The proposed territory will remain within Washington County but will be required to be withdrawn from the boundary of the Tigard Water District, 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 upon completion of the annexation. (5) The proposed effective date of the decision. The public hearing will take place September 26, 2006. If the Council adopts findings to approve ZCA2006-00002, the effective date of the annexation will be October 26, 2006. Metro Code 3.09.040 (d) (d) An approving entity's final decision on a boundary change shall include findings and conclusions addressing the following criteria: 1. Consistency with directly applicable provisions in an urban service provider agreement or annexation plan adopted pursuant to ORS 195.065; As addressed previously in this application, the annexation proposal complies with all applicable provisions of urban service provider agreements (UPAA (2006) and the TUSA (2002)). The TUSA includes the proposed annexation territory. The agreement states that the County and City will be supportive of annexations to the City, and the City shall endeavor to annex the Bull Mountain area in the near to mid-term (by 2005-2007, as projected in the TUSA). The proposed annexation is in the Bull Mountain Area and is contiguous to city limits. Therefore, the proposed annexation is consistent with these agreements. 2. Consistency with directly applicable provisions of urban planning or other agreements, other than agreements adopted pursuant to ORS 195.065, between the affected entity and a necessary party; The UPAA (2006) includes the proposed annexation territory. The City has followed all processing and notice requirements in the UPAA, providing Washington County with 45-day notice prior to the public hearing. The agreement states that "so that all properties within the Tigard Urban Service Area will be served by the City, the County and City will be supportive of annexations to CACH CREEK AREA ANNEXATION 256 ZCA2006-00002 the City." The City also provided notice to the affected CPO (CPO 4B) per the agreement. The annexation proposal is consistent with this agreement. 3. Consistency with specific directly applicable standards or criteria for boundary changes contained in comprehensive land use plans and public facility plans; As previously stated in this report, this proposal meets all applicable City of Tigard Comprehensive Plan provisions. This criterion is satisfied. 4. Consistency with specific directly applicable standards or criteria for boundary changes contained in the Regional Framework Plan or any functional plan; This criterion was addressed under Metro Code 3.09.040(b). By complying with the City of Tigard Community Development Code and Comprehensive Plan, the annexation is consistent with the Functional Plan and the Regional Framework Plan. 5. Whether the proposed change 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 provision of public facilities or services because it is consistent with the terms of the TUSA (2002), which ensures the timely, orderly, and efficient extension of public facilities and urban services; it is contiguous to existing city limits and services; and lastly, urban services are available to the proposed annexation territory and have not been found to significantly reduce existing service levels. . 6. The territory lies within the Urban Growth Boundary; and The proposed territory is within Metro's Urban Growth Boundary. 7. Consistency with other applicable criteria for the boundary change in question under state and local law. In previous sections, this report reviewed the proposal's consistency with other applicable criteria and found it to be consistent. (Tigard CDC 19390.060) 4. Any applicable comprehensive plan policies; and As demonstrated in previous sections of this report, the proposed annexation is consistent with, and meets, all applicable comprehensive plan policies. S. Any applicable provisions of the City's implementing ordinances. There are no specific implementing ordinances that apply to this proposed annexation. Chapter 18 of the City Code will apply to development of the property. SECTION VII. OTHER STAFF COMMENTS • The City of Tigard Public Works, Engineering and Police Departments have reviewed the proposal and have no objections to it and have not indicated that the proposed annexation would reduce their capacity CACH CREEK AREA ANNEXATION ZCA"6-00002 257 provide services to the proposed annexation territory or reduce the level of City services. Full 4romments are provided in the attachments listed below. Attachment A. "Memorandum," from Rob Murchison, Public Works Dept. Project Engineer Attachment B: "Memorandum," from Gus Duenas, Engineering Division Attachment C: E-mail from Jim Wolf, Tigard Police Department SECTION VIII. AGENCY COMMENTS Tualatin Valley Fire and Rescue has reviewed the annexation proposal and has no objections, comments or conditions. Z t3 z ooG ABED y Eng DATE Assistant Planner REVIEWED BY: 6fn Coffee DATE • Community Development Director CACH CREEK AREA ANNEXATION ZCA2006-00002 258 Emily Eng_- Fwd: FW: Brentwood Estate^ ?nnexation withdrawal - Page 1 From: Gary Pagenstecher To: Bewersdorff, Dick; Coffee, Tom; Eng, Emily; Firestone, Gary; St. Amand, Beth Date: 9/25/2006 2:43:14 PM Subject: Fwd: FW: Brentwood Estates annexation withdrawal "John Noffz" <john@brentwoodhomesoregon.com> 09/25 1:34 PM Dear Gary, Attached is our annexation termination agreement. I am sorry that we were not able to make this work. I will send an original signed copy to the City for your records. John Noffz President, Brentwood Homes --Original Message- From: Doug Strickler ]mailto:dws@lanpacific.com] Sent: Monday, September 25, 2006 12:35 PM To: 'John Noffz' Cc: Erik Esparza Subject: Brentwood Estates annexation withdrawal John - Gary's e-mail address is garyp@tigard-or.gov Doug Strickler, LEED Senior Planner LanPacific, Inc. 1001 SE Water Ave., Suite #360 Portland, OR 97214 Phone: 503.238.2097 Fax:503.238.2447 ?nn r, ~ r • 259 11 / kdA t 2 3 4 5 6 IN THE CIRCUIT COURT OF THE STATE OF OREGON 7 FOR THE COUNTY OF WASHINGTON 8 KINTON FOWLER, an individual; RICHARD ) Case No. C062937CD FRANZKE, an individual; and LISA ) 9 HAMILTON-TREICK, an individual, ) 10 ) Plaintiffs, } MOTION FOR PRELII1MARY 11 ) RESTRAINING ORDER VS. ) 12 ) CITY OF TIGARD, a municipal corporation, ) Defendant ) 14 ) 15 Plaintiffs move the court for a show cause hearing why a preliminary restraining order 16 should not issue, based on the allegations of the complaint and upon the accompanying 17 declaration of Lawrence R. Derr, and upon the fact that Plaintiffs are likely to prevail in this 18 matter based on existing law and precedent, but unless the court grants preliminary relief as 19 requested, delaying the city's proposed September 26, 2006 hearing until after the November 20 general election, plaintiffs' rights in the incorporation election will be irremediably and 21 materially damaged as alleged in the complaint. The actions of the defendant (if unrestrained) 22 will undoubtedly have a profound impact on the incorporation election, without any remedy for 23 plaintiff after the fact This motion is supported by ORCP 79 A(1)(a) and A(1) (b). Prior 24 0 Page 1 - MOTION FOR PRELIMINARY RESTRAINING ORDER 26 JOSSELSON, POTTF.It & ROBERTS Attorneys at Law 27 425 N.W. & Avenue, Suite 306 260 Pordand, OR 97209 7R Telephone: (503) 228-1455 notice of this motion has been given to the opposing party, as shown in the accompanying 2 certificate. 3 The court should not require security under ORCP 82, because the restraining order and 4 preliminary injunction is sought to prevent unlawful conduct and the effect of the injunction is 5 to restrict the enjoined party to judicial remedies to determine its right to precede (ORCP 82 6 A(1)(b)(ii)), or alternatively, the court should require $0 as security because even if plaintiffs 7 were in error, defendants would suffer no monetary loss and attorney fees are not allowable in 8 this controversy. 9 This motion is further based on the accompanying legal memorandum. 10 DATED: September 12, 2006. 11 JOSSELSON, PO - OB TS 12 Y Derr, OSB #69041 14 he M. Roberts, OSB #72214 Of Attorneys for Plaintiffs 15 16 17 18 19 20 21 22 23 24 W - PRELMMARY G ORDER 26 Page 2 MOTION FOR JOSSE SON, POTTER & ROBERTS . 27 Attorneys at Law 425 N.W. W Avenue, Suite 306 IR Portland, OR 97209 - 261 Telephone: (503) 228-1455 2 CERTIFICATE OF SERVICE /~j I certify that on September 2006, I caused the attached MOTION FOR 3 PRELBMARY RESTRAINING ORDER to be served by causing it to be hand delivered and addressed to counsel for the parties as follows: 4 Timothy V. Ramis, Esq. 5 Ramis Crew Corrigan LLP 1727 NW Hoyt Street 6 Portland, OR 97209 7 JOSSELSON, P I E& R RTS 8 Y: 9 e erts, $B #72214 w nce R. Derr, OSB #69041 10 Of Attorneys for Plaintiffs 11 12 lei 14 15 16 17 18 19 20 21 22- 23 24 26 Page 1 - CERTIFICATE OF SERVICE JOSSELSON, POTTER & ROBERTS 27 Attorneys at Law 262 425 N.W. 10° Avenue, Suite 306 Portland, OR 97209 Telephone: (503) 228-1455 0 2 3 4 5 6 IN THE CIRCUIT COURT OF THE STATE OF OREGON 7 FOR THE COUNTY OF WASHINGTON 8 KINTON FOWLER, an individual; RICHARD ) Case No. C062937CD FRANZKE, an individual; and LISA ) 9 HAMULTON-TREICK, an individual, ) 10 ) MEMORANDUM OF LAW IN Plaintiffs, ) SUPPORT OF MOTION FOR 11 ) PRELIMIINARY RESTRAINING vs. ) ORDER 12 ) CITY OF TIGARD, a municipal corporation, ) Defendant. ) 14 ) 15 Washington County, acting through its Board of Commissioners, has authority pursuant 16 to ORS 221.020 to 221.100 to submit to the voters the question whether certain territory should 17 be incorporated as a new city. The incorporation of the new City of Bull Mountain was 18 commenced on May 30, 2006, when the Plaintiff chief petitioners filed with the Board of County 19 Commissioners a petition for incorporation bearing the requisite number of signatures. The 20 petition described the territory proposed for the new city. The Board of Commissioners held 21 hearings on July 25`h, August 1'2 and August 8*; and submitted the question to a vote at the 22 November 7, 2006 general election. Declaration of Lawrence R. Derr, 112 and 3. 23 The Defendant City of Tigard has authority pursuant to ORS 222.111 to annex territory 24 that is contiguous to the City. On August 7, 2006, the City mailed a notice of a scheduled City &5 Page 1 - MEMORANDUM OF LAW 26 JOSSELSON, POTTER & ROBERTS Attorneys at Law 27 425 N.W. 10' Avenue, Suite 306 Portland, OR 97209 263 ~R Telephone: (503) 228-1455 Council hearing to consider the subject of annexation. The hearing was scheduled for September 2 26, 2006. All of the subject territory is within the territory described in the incorporation petition 3 and in the incorporation question to be submitted to the voters in November. Declaration of 4 Lawrence R. Derr, 15. 5 The question presented by this motion is whether the City should be enjoined from 6 concluding with the annexation hearing until the outcome of the election is known. 7 The law is clear that two municipal bodies cannot exist for the same purpose and exercise 8 the same authority over the same territory. Landis v City of Roseburg, 243 Or. 44, 48, 411 P.2d 9 282 (1966), citing State ex rel. Meyer v Co. Court for Washington Co., 213 Or. 643, 326 P.2d 10 116; State on Inf of Haxel v Chandler, et al., 180 Or. 28, 175 P.2d 448; Priest v James et al., 11 125 Or. 72, 265 P 1092; State ex rel. School Dist_ No. 8, Umatilla Co. v Goff, 110 Or. 349, 218 P 12 556,221 P 1057. In Landis, supra, the Supreme Court ruled that the same principle prohibits one municipal 14 body from seeking to exercise authority over territory with respect to which another municipal . 15 body is conducting incorporation proceedings. The rule is, the first proceeding must run its 16 course before the second-acting body attempts to annex. In that case, Douglas County had sent 17 an incorporation question to election while the City of Roseburg annexed some of the same 18 territory. The incorporation was subsequently defeated at the election. The question presented in 19 that case was whether the pendency of the incorporation proceeding rendered the annexation 20 invalid notwithstanding the later defeat of the incorporation. The Court ruled it did not do so 21 after this incorporation was rejected; but that the petitioners would have been entitled to an 22 injunction against the annexation proceedings pending the election, had they applied for the 23 injunction. The Court said: 24 10 Page 2 - MEMORANDUM OF LAW 26 JOSSELSON, POTTER & ROBERTS Attorneys at Law 27 425 N.W. I& Avenue, Suite 306 Portland, OR 97209 264 Telephone: (503) 228-1455 7R "Had the proposed incorporators of the City of Edenbower brought a suit for injunction to restrain the city of Roseburg from proceeding, it would 2 have been proper for the trial court to have granted a temporary injunction, to become permanent in the event of valid incorporation, for at this time 3 there existed the threat of an attempt to exercise authority over the same area. 4 Landis supra at 51. This is precisely the relief petitioners seek here, and the Supreme Court in 5 Landis clearly states that, as a matter of law, petitioners are entitled to it 6 The Supreme Court's statements in Landis demonstrate that the threat of competing 7 authority over the same territory is all that is necessary for entitlement to a preliminary 8 injunction. However, in a later case involving the same annexation and election, the Supreme 9 Court discussed another reason why individuals concerned about the incorporation cannot await 10 a successful election outcome to contest an intervening annexation. Griffin v City of Roseburg, 11 255 Or. 103, 106, 464 P.2d 691 (1970). The Court cited cases holding that once a municipality 12 exercises dominion over annexed territory in a de facto capacity, the validity of the annexation 41 cannot be contested by a party other than the state in a quo warranto proceeding. If the state 14 acting through the district attorney declined to initiate the proceeding, there would be no remedy. 15 The Court noted but did not resolve whether this limitation was affected by Portland General 16 Electric Co. v City of Estacada, 194 Or. 145, 241 P.2d 129 (1952). 17 Washington County acquired jurisdiction to determine the incorporation of the territory .18 first, when the petition for incorporation was filed with the county pursuant to ORS 221.020 to 19 221.100. This was on May 20, 2006. The County, in exercise of its statutory authority, placed 20 the matter on the November election. Under Landis, Tigard should be enjoined from short- 21 circuiting the electoral process by pursuing a preemptive annexation. Consequently, the 22 Plaintiffs are entitled to a preliminary injunction enjoining the City from pursuing any 23 24 40 Page 3 - MEMORANDUM OF LAW 26 JOSSELSON, POTTER & ROBERTS Attorneys at Law 27 425 N.W. 10ffi Avenue, Suite 306 Portland, OR 97209 1) R Telephone: (503) 228-1455 265 proceedings aimed at annexing this or any other territory within the proposed City of Bull Mountain until the results of the election are known, 3 DATED: September 12, 2006. JOSSELSON,P O S 4 5 ence R e #69041 6 Leslie M. Roberts, OSB #72214 Of Attorneys for Plaintiffs 7 8 9 10 11 12 13 40 15 16 17 18 19 20 21 22 23 24 Page 4 - MEMORANDUM OF LAW 6 JOSSELSON, POTTER & ROBERTS Attorneys at Law 27 425 N.W. 10te Avenue, Suite 306 Portland, OR 97209 266 ~R Telephone: (503) 228-1455 CERTIFICATE OF SERVICE 2 I certify that on September 2006, I caused the attached MEMORANDUM OF 3 LAW to be served by causing it to be hand delivered and addressed to counsel for the parties as follows: 4 Timothy V. Ramis, Esq. 5 Ramis Crew Corrigan LLP 1727 NW Hoyt Street 6 Portland, OR 97209 7 JOSSELSON, O & R ERTS 8 By: 9 Les ' . Roberts, OSB #72214 Lawrence R. Derr, OSB #69041 10 Of Attorneys for Plaintiffs 11 12 14 15 16 17 18 19 20 21 22 23 24 ep 26 Page 1 - CERTIFICATE OF SERVICE JOSSELSON, POTTER & ROBERTS 27 Attorneys at Law 425 N.W. 10m Avenue, Suite 306 267 28 Portland, OR 97209 Telephone: (503) 228-1455 2 3 4 IN THE CIRCUIT COURT OF THE STATE OF OREGON 5 FOR THE COUNTY OF WASHINGTON 6 KINTON FOWLER, an individual; RICHARD ) Case No. C062937CD FRANZKE, an individual; and LISA ) 7 HAMILTON-TREICK, an individual, ) ) DECLARATION OF LAWRENCE R. 8 DERR IN SUPPORT OF MOTION Plaintiffs, ) FOR PRELIMINARY RESTRAINING 9 ) ORDER VS. ) 10 ) CITY OF TIGARD, a municipal corporation, ) 11 ) Defendant ) 12 ) W Lawrence R. Derr declares as follows: 14 1. I represent the plaintiffs in this action. 15 2. On May 25, 2006, chief petitioners Kinton Fowler, Richard Franzke and Lisa 16 Hamilton Treick filed a Prospective Petition for Incorporation of the City of Bull Mountain with 17 the Washington County Director of Records and Elections pursuant to ORS 221.031, together 18 with a document titled "City of Bull Mountain Economic Feasibility Statement," and a map of 19 the proposed incorporation territory. Also pursuant to ORS 221.031, the Director acting as the 20 county clerk date stamped the documents on May 25, 2006, approving the petition for circulation 21 for signatures. Exhibit 1. 22. 3. On May 30, 2006, the chief petitioners filed with Washington County 88 pages of 23 incorporation petitions bearing the required number of signatures pursuant to ORS 221.040, 24 Exhibit 2, and a document titled "Petition For Incorporation" containing information required by • 25 Page 1-DECLARATION OF LAWRENCE R. DERR 26 JOSSELSON, POWER & ROBERTS Attorneys at law 27 425 N.W. HP Avenue, Suite 306 Portland, OR 97209 Telephone: (503) 228-1455 268 Metro Code Chapter 3.09. Exhibit 3. On June 6, 2006, the chief petitioners filed a revised 2 "Petition For Incorporation" with Washington County with clarifications to the narrative 3 description of the incorporation territory requested by the County. Exhibit 4. On June 6, 2006, 4 the Washington County Board of Commissioners accepted the petitions and ordered a public 5 hearing to be held on July 25, 2006, pursuant to ORS 221.040 with the hearing to be continued to 6 August 1, 2006, and further continued to August 8 and 9, 2006, if necessary. Exhibit 5. 7 4. On July 25, 2006, the Board of Commissioners conducted the first public hearing on 8 incorporation and continued the hearing to August 1, 2006. On August 1, 2006, the Board of 9 Commissioners conducted the continued hearing, tentatively amended the incorporation territory 10 to exclude land that was included in the petition and which is outside of the Metro Urban Growth 11 Boundary, tentatively amended the incorporation territory to add one parcel that was not included 12 in the petition, and continued the hearing to August 8, 2006. 3 5. On August 7, 2006, the City of Tigard mailed notice of a proposal to annex certain 4 territory described in the notice to the City. Exhibit 6. The notice states that the City Council of 15 the City of Tigard will conduct a public hearing concerning the proposed annexation on 16 September 26, 2006. The proposed annexation territory is entirely within the incorporation 17 territory proposed in the incorporation petition, the incorporation territory as tentatively amended 18 by the Board of Commissioners on August 1, 2006, and the incorporation territory approved by 19 the Board of Commissioners on August 8, 2006. 20 6. ORS 221.111(2) provides that a proposal for annexation of territory to a city may be 21 initiated by the legislative body of the city, on its own motion, or by a petition to the legislative 22 body of the city by owners of real property in the territory to be annexed. The Tigard City 23 Council has not taken action in a public meeting initiating the proposed annexation. The Tigard 24 Intergovernmental Water Board controls some of the property included in the proposed *25 Page 2 - DECLARATION OF LAWRENCE R. DERR 26 JOSSELSON, POTTER & ROBERTS Attorneys at Law 27 425 N.W. 10' Avenue, Suite 306 Portland, OR 97209 IQ Telephone: (503) 228-1455 269 annexation and did not take action authorizing inclusion of the property in an annexation 2 proposal until on or after July 12, 2006. Based upon the information available to Declarant, 3 Declarant states that a petition to the City Council by owners of the proposed annexation territory 4 either does not exist or if it does exist, could not have come into existence until on or after 5 July 12, 2006. ORS 222.115(2) provides that the legislative body of a city may dispense with an 6 election by the electors in the city on a proposed annexation if the legislative body fixes a day for 7 a public hearing before the legislative body on the question of the annexation. The City Council 8 did not take action in a public meeting fixing the date for the hearing on the proposed annexation. 9 7. On August 8, 2006, the Board of Commissioners approved the incorporation petition 10 with the amended boundary noted above and ordered the holding of an election on the 11 incorporation at the general election on November 7, 2006. Exhibit 7. On August 11, 2006, 12 Washington County mailed notice of the action as required by Metro Code Chapter 3.09. 13 Exhibit 8. The notice recites that the Board of Commissioners took the action based on the 14 request filed by petition on May 30, 2006. No appeals were filed from the County action within 15 the times provided by State statute or Metro Code. 16 This declaration is made under penalty of perjury. 17 18 19 ce R. Derr 20 21 22 23 24 1825 Page 3 - DECLARATION OF LAWRENCE R. DERR 26 JOSSELSON, POTTER & ROBERTS Attorneys at Law 27 425 N.W. lUr Avenue, Suite 306 Portland, OR 97209 28 Telephone: (503) 228-1455 270 Prospective Petition for Incorporation of a City SEL 701 MMOYO~+tJ1.C3/ Buff Mountain Flame of Proposed City To the County Eloc_ ti ns Filing Offlcer/Cky Recorder (Auditor), We, the undersigned, chief petitioners, swear or affirm we are legal voters residing within the boundaries of the area proposed for incorporation- Further, it is estimated thata permanentrate limit for operating taxes of S2*84 ~/0 a Sferr^D pal petition indicating the exterior is sufficient to support an adequate level of munid services. Amap Is attached to this boundaries of the proposed city. please type or prlat Ingibly in black ink daslg.lating c#af pet7tiorterros . • - • • Every o6 on must designato not more than throe persons as chief peddonem, who shall bs registorad voters within the boundaries of the proposed ciry, sardngtorth thename, residence address and titte lif4Ws-earof sponsoring organlzadon}of each. Hama pnnr ivpneiuro, lGnton Fowler ' 16t70 SW Hazeltine Lane, Bull Mountain, OR 97224 me~lmaaifoiact :rrcrroreiri _ _ _ • _ _ _ *mesia~d~a~aaerarweeotta Wtonfowlereconw.-ISknet SSM-33 •li7ii2 soor+eo~.xQwQre+MZeoon di,.y . ~L. Sun Mouruain Residents for Incorporation Richard Franzke 2 149130 SW 133rd Ave., Bull Mouruain, OR w_-- rv~nam,moer 5034246919 Fit vr tag orgenimbw. it.-,iy - _ • - - _ lrsa Hamilton-Treidc ~ - _ _ L _ . . _ n!illaflta saQriss 13565 SW Beof Bent Rd- Bust Mountain, OR 97224 ineeungaWr;ss omen U=@KarriatnnRoattyGroup.com - 1503.579.1203 OmtJcn+7abao J`eny . Bull Mountain Residents for incorporation please road the Instructions for circulators and signors on the reverse side SEL 701 EXHIBIT L PAGE 0 3 271 r MAY 25'06 Pr4:10 • Bull Mou"ntain • • Fea.~Ibillty, P "•a • • Friends of Bull Mountain . ECONorthwest ECONOMICS - FINANCE • PLANNING • BW SW Fifth Avorwo Saito 1460 Portland. Oregon 97204 503-712 wwwirarrw-com EXHIBIT PAGE OF_'~- 272 r Proposed City of Bull Mountain -r _ - i -RRY SGH -~i~ J Li % • 'W S :`ir: ir:a ti},'i.~' i•. 1.' S I•t..~ - _ 111777 - ~ ~ ~ r'• v Y r y:~~ ~ 1 iii - •~r• - ~ _ • . 'Q' °-tiy:~lr ,~••F is' yr. Q•:~ •'y`•.• _ - Vii. .d-, .1 . • _ • . 2S.~in1~'y3.~`~ Syr.. y-~' i `••1 • L- • .y • ..i- Via;; BEEF BENDw 1 Study Area Boundary Urban Growth Boundary 1ID~ 0 0.15 oa ova Source: Metro, RLIS Lite bwd go, 5z ,&tiGB O(HIBIT J-- PAGE 3 OF 3 273 WASHINGTON COUNTY OREGON RECEIPT OF PETITION SIGNATURE PAGES On Washington County Elections received from: ` Phone # Name of person submiwM6 potitions) Petition signature pages totaling: (Total pewon sig submitted) For: (Name d ca cridatel PositiordMewure) . Signature of Elections Official Mgitd g0, 0C qfN O(HIBIT • PAGEOF-L- Department of Assessment & Taxation, Elections Division 3700 SW Murray Blvd, Suite 101 Beaverton OR 97005 Phone: 503/846-5$00 Fax: 503 274 • PETITION FOR INCORPORATION The attached petitions with signatures for incorporation of the City of Bull Mountain are hereby filed with the Board of County Commissioners of Washington County. A petition bearing the signatures of the chief petitioners and accompanied by an Economic Feasibility Statement was previously filed with the Director of Records and Elections, the clerk of Washington County- Washington County has jurisdiction to act on this petition for incorporation. Tho legal description of the affected territory will be prepared by Washington County and included in the final order approving the petition. The narrative of the affected area follows: • Area South of Barrows Road between the BPA line and the west boundary of UGB area 64, south of Scholls Ferry and Barrows Road • All ofUGB area 64 east and west of Roy Rogers and south of Scholls Ferry) • Area North of Beef Bend Road from Roy Rogers Road to just east of SW 131 st Avenue at the point where the Tigard city limits begin north of Beef Bend Road, including the Northern half of Beef Bend Road itself • Area West of Tigard city limits boundary east of SW 133rd Avenue almost to Bull Mountain Road, to include the Alberta Rider access road off of SW 133rd Avenue, and the strip to the north running; parallel to the access road to the city boundary at the northern tip of SW 133rd Avenue • All remaining unincorporated territory south of Bull Mountain Road, west of SW 133rd Avenue to the north and west back to the BPA line at Barrows Road • All of Bull Mountain Road from the Tigard city limits just east of SW 141st Avenue to Roy Rogers Road As listed in the Economic Feasibility Statement, the present providers of urban services to the affected territory are: Tualatin Valley Fire and Rescue Clean Water Services Washington County Tigard Water District Tri Met (not currently providing; service) EZ: 9Q~ of hab~ ; LrE 0 EXHIBIT 3 PAGE .2 OF 275 • PETITION FOR INCORPORATION The attached petitions with signatures for incorporation of the City of Bull Mountain are hereby filed with the Board of County Cornmissioners of Washington County. A petition bearing the signatures of the chief petitioners and accompanied by an Economic Feasibility statement was previously filed with the Director of Records and Elections, the clerk of Washington County_ Washington County has jurisdiction to act on this petition for incorporation. The legal description of the affected territory will be prepared by Washington County and included in the final order approving the petition. The narrative of the affected area follows: Area South of Barrows Road between the BPA line and the west boundary of UGB area 64, south of Scholls Ferry and Barrows Road • All ofUGB area 64 east and west of Roy Rogers and south of Scholls Ferry) • Area North of Beef Bend Road from Roy Rogers Road to just east of SW 131st Avenue at the point where the Tigard city limits begin north of Beef Bend Road, including the Northern half of Beef Bend Road itself • Area West of Tigard city limits boundary east of SW 133rd Avenue almost to Bull Mountain Road, to include the Alberta Rider access road off of SW 133rd Avenue, and the strip to the north running parallel to the access road to the city boundary at the northern tip of SW 133rd Avenue • All remaining unincorporated territory south of Bull Mountain Road, west of SW 133rd Avenue to the north and west back to the BPA line at Barrows Road • All of Bull Mountain Road from the Tigard city limits just east of SW 141st Avenue to Roy Rogers Road As listed in the Economic Feasibility Statement, the present providers of urban- services to the affected territory are: Tualatin Valley Fine and Rescue Clean Water Services Washington County - Tigard Water District Tri-Met (not currently providing service) 81:94d 90, OS .&HW EXHIBIT 3 PAGE 1 OF a 276 Wage 2 The proposed providers of urban services to the affected territory following incorporation are: Tualatin Vallcy Fire and Rescue Clean Water Services Washington County Tigard Water District Tri-Met (not currently providing service) City of Bull Mountain The current tax assessed value of the affected territory is $685.8 million. 0 - ~o ~0 X13 FItED~ - • EXHIBIT 3 PAGE A Oa: 277 Jun-07-2006 12:41pa from-WHINGTO1 COUNTY LAND USE a TWS $03-846-4412 T-475 P 0011004 P-711 Post-ie Fax Noto 671 Of ~ 44"► 41 To j ' ; Pran ColOW Co. PETITIONFOR INO ` ptww* ° F.R• "Q fk0 The attached petitions with signatures for incerp_- hereby filed with the Board of County Commissioners of Washington County. A petition bearing the signatures of the chief petitioners and accompanied by an Economic Feasibility Stawmcnt was prc viously filed with the Director of Records and Elections, the clerk of Washington County. Washington County has jurisdiction to act on this petition for incorporation. The legal description of the alIeCred territory will be prepared by Washington County and included in the final order approving the petition. The narrative of the affected area follows: • Area South of Barrows Road betweca rho 13PA lino and the west boundary of UGB area 64, south of Scholls Ferry and Barrows Road, excluding property within the Tigard city limits and properties that are the subject of the "Sunrise Lane" annexation adopted by the City of Tigard by Ordinance No, 2005-19. • All of UG4B area 64 east and west of Roy Rogers and south of Scholls Ferry, including all of Roy Rogers Road between Scholls Ferry and Beef Bend Road. • Area North of Beef Bend Road from the western riehr of way boundary of Roy Rogers Road to the eastern boundary of Tax Lot 301. Tax Map 2S19DD 8t the point where the Tigard city limits begin at Beef Head Road, including the Northern Half of Beef Bend Xoad Itself • Area West of Tigard city limits boundary east of SW 133rd Avenue almost to Bull Mountain Road, to include Batterson Lane, and the property to the north running parallel to SW Batterson Lane, to the city boundary an SW 133rd Avcnuc south of Bull Mountain Road. All remaining unincorporated territory south of Bull Mountain Road, west of SW 133rd Avenue to the north and west back to the HPA line at Barrows Road, excluding Tax Lot 201, Tax Map 2S19DD • All of Bull Mountain Road from Roy Rogers Road to the Tigard city limits just east of SW 141st Avenue. As listed in the Economic Feasibility Statement, the present providers of urban s s to the affected territory are: Tualatin Valley Fire and Rescue Clean Water Services Washington County Tigard Water District Tri-Mot (not currentyproviding ecrvicc) '(do, EXHIBIT PAGE 1- 0 278 Jun-01-2008 12-11pm From-WASHINGTON r"NTY LAND USE.a TRANS $03-846-4412 T-475 P 002/004 FT22 Page 2 The proposed providers of urban services to the affected territory following incorporation arc: Tualatin Valley Fire and Rescue Clean Water Services Washington County Tigard Water District Tri-Met (not currently providing service) City of Ban Mountaila The current tax assessed value of the affected territory is $685.8 million, UNIT- PAGE _ OF 279 IILL[Jdi ww W.I.U.Wablill 16U/I I.UTAV000klll I1WCdUl uu 1:U111III/ 111111 Utuvul U... • _ ~ Washington County, Oregon Board of Commissioners last updated: June 28, 2006 MINUTES WASHINGTON COUNTY BOARD OF COMMISSIONERS JUNE 6, 2006 CONVENED: 10:20 a.m. BOARD OF COMMISSIONERS Chairman Tom Brian Vice Chair John Leeper Commissioner Dick Schouten Commissioner Andy Duyck Commissioner Roy Rogers was on vacation on this date. STAFF: Robert Davis, County Administrator Ellen Conley, Senior Deputy County Administrator Dan Olsen, County Counsel Chris Gilmore, Assistant County Counsel Kathy Lehtola, Director, LUT Mark Brown, Land Development Manager, LUT Suzanne Savin, Senior Planner, LUT Jim Tice, Senior Planner, LUT Paul Schaefer, Senior Planner, LUT Brent Curtis, Planning Division Manager, LUT Joanne Rice, Senior Planner, LUT Dave Schamp, Operations & Maintenance Division Manager, LUT Bob Cruz, Deputy General Manager, CWS Patt Opdyke, CPO Coordinator Jeff Friend, Audiovisual Specialist Barbara Hejtmanek, Recording Secretary PRESS: Kathy Gorman, The Oregonian AmyJo Brown, Community Newspapers APPROVAL OF MINUTES: March 21, 2006 May 16, 2006 May 23, 2006 1. CONSENT AGENDA Chairman Brian announced the following modifications to the Consent Agenda: • There is award of bid on item 11 for Project B to Kerr Contractors, Inc. in the amount of $140,301.25. (Project C is dropped.) EXHIBIT of 16 PAGE 2 0 FD 280 Uoara of Commissioners - Minutes for Ub/ublUb nttp:t/www.co.wasnington.or.us/aeptmts/caoioa_comm/mmuEeub/o... Vice Chair Leeper expected that the Technical Group would be noticeably larger than the Stakeholder Work Group and would include-in addition to Beaverton School District-an array of different groups to include homeless advocates, 1,000 Friends of Oregon, Audubon Society, and many others. Chairman Brian stated that the next phase will be to determine the membership of the Technical Group. Brent Curtis asked if th e Board desires staff to bring the nominee from Tualatin Hills Park & Recreation District to a future Board meeting for formal appointment. Commissioner Duyck assumed that the nominee would be a THPRD Board member. Chairman Brian noted that this was the Board's request. Vice Chair Leeper said that the appointee will hopefully be a THPRD Board member but if not, it will be a senior staffer. Commissioner Duyck stated that if it is a THPRD Board member, it can be done as a matter of routine. Brent Curtis observed that there is a possibility that it might not be a THPRD Board member so he suggested that staff agenda this matter in two weeks and bring whatever information is available at that time. Commissioner Duyck noted that the previous motion was to approve the state of candidates. He stated that he had no problem with any of the candidates; rather, his concern was the positions themselves. Commissioner Duyck observed that the Board did not vote on the particular categories. He could support the slate of candidates. Chairman Brian did not think there has to be a designation, per se. Kathy Lehtola affirmed that this is the case in staff-appointed groups also. Commissioner Duyck asked that the categories not be named since the Board did not take action to approve the specific designations. There was no Board objection to allowing Commissioner Duyck to change his vote on the appointments. Commissioner Duyck wished to change his vote if it is the Board's intent not to identify the particular categories. He believed that Walt Gorman is a very qualified individual who serves not only on environmental bodies but also on the Washington County Planning Commission, the Budget Committee, and has been active in law enforcement issues. It was his pleasure to support Walt Gorman's candidacy. The vote on the North Bethany Stakeholder Group changed, as follows: Vote - 4-0 OFF DOCKET - LAND USE & TRANSPORTATION MO 06-207 Set the Public Hearing Date to Consider the Petition to Incorporate the Proposed City of Bull EXHIBIT 5 11 of 16 PAGE Z OF 281 Board of Commissioners - Minutes for Ub/Ub/Ub nup:iiwww.co.wasmngEon.or.usiaepzmis/UdLVUu wlncrufiwlUWA"u... Mountain Brent Curtis reported that the Elections Office received a petition for the incorporation of the City of Bull Mountain. He mentioned that the agenda sheet for this item has been amended, per Board instruction. Mr. Curtis stated that the petition has now been made complete. He said that the Board has the responsibility to set a public hearing date, based on two general sets of legal requirements: 1) Oregon Revised Statute requirements that require the Board to set an initial date, and 2) Metro requirements. Mr. Curtis noted that staff provided the Board with several options as to how to proceed. He proposed that the Board have a noticed public hearing for July 25, 2006 and that the Board retain the option of continuing the hearing to August 1 and August 8, 2006. Mr. Curtis indicated that the last date the Board has available to it is August 9, 2006, in order to get this matter to the November election. He said that the July 25, 2006 hearing would present the whole matter to the Board but might involve particular requests to add or subtract property. Mr. Curtis stated that there are legal obligations to provide notice to individuals who are not present at that hearing. He observed that the timeframe for this process is short, but possible. Mr. Curtis said that to the extent possible, the Board is trying to balance two important considerations: 1) to have a thorough public hearing and the ability for the community and Board to consider additions and subtractions, and 2) to make a tentative decision and allow staff enough time to place that into written form that meets the legal requirements. He noted that the latter is required to substantiate the Board's decision. Mr. Curtis summarized the situation to date: • The petition is complete. • A public hearing will be set to evaluate the economic feasibility study. • Initial hearing date will be July 25, 2006. • The Board will provide the opportunity for the hearing to be continued to August 1 and 8, 2006-and potentially to August 9, 2006. • If August 8 and 9, 2006 are utilized, these will have to be declared as public meeting dates. (Second Tuesday of the month is normally a Worksession.) Commissioner Schouten asked about the difference between Schedule 2 and 3. Joanne Rice agreed that it appears that Schedule 2 and 3 are identical. She explained that this occurred in the rush of preparing the materials yesterday. Commissioner Schouten requested further hearing date information. Mrs. Rice responded that Schedule 2 provides for the Board adopting the final order for the petition on August 8, 2006. She said that the Board could then adopt the ballot title on August 9, 2006 if it was not prepared to do so on the 8th. Chairman Brian reviewed his understanding of staff recommendation: • Hold the public hearing on July 25, 2006. • Continue the hearing to August 1, 2006. The Board could act on this date. • Continue the hearing to August 8, 2006 if necessary. • August 9, 2006 is the absolute last date for action. Mrs. Rice clarified that staff could specify in the notice that August 9th is also available. Commissioner Schouten wondered if it would be possible to have one of these meetings in the Bull Mountain area as opposed to the Public Services Building in Hillsboro.Brent Curtis agreed that this is a great idea. However, he explained that the notice must be perfected by Friday. Mr. Curtis observed that there are not a broad array of opportunities for public buildings to be available on short notice in the Bull Mt. area. He said that it is possible that-apart from and outside of the Board's hearing process EXHIBIT 5 12 of 16 PAGE~0 282 5LIUM UI W1111111SJIU1ICCS - Ivlllllltq 1U1 Uu/VINVU uuElJlwww.t V.wasut/iF,wu.Vl.tW/uctlwlWlt 11wVu wuualnuututwtnu... and notice requirements-there could be some types of informational opportunities that could be arranged subsequent to Friday. Mr. Curtis added that in addition to securing another building, staff must also ensure that the meeting can be recorded and similar considerations. He did not think this could be done by Friday for a location other than the Public Services Building. Commissioner Schouten commented that this may be an election issue that people may want to address, namely, the dearth of public facilities and a place to hold these kinds of events in that area. Commissioner Duyck suggested that, outside of the legal process, an open house be held. He noted that this provides information and gives the public more of a chance to ask questions in a less formal setting. Commissioner Duyck requested that the comments made at the open house be brought forward in some form to the Board. Brent Curtis stated that staff is before the Board today to talk about the legal requirements for a petition for incorporation under the ORS and Metro requirements. He offered to talk about an informational meeting at a later date. Mr. Curtis spoke of the importance for staff to advise the Board of its responsibilities as it proceeds through this process. Commissioner Duyck agreed that the informational meeting can be talked about outside of this meeting. He said that since this is such a major step for residents, they will need all the information they can get Chairman Brian summarized that the Board's base responsibility is to receive a petition from a group of citizens. He said that the Board's first responsibility is to review it for form and content in order to ensure that it complies with the law, that the boundary is logical and serviceable, that the tax rate is reasonable and likely to lead to a healthy municipality. Chairman Brian felt that the petitioners would have a lot of outreach to do among the affected residents and, perhaps, open houses on their own. He said that the County may want to dovetail into one of those, do something separate, or not (by just being a respondent to the petition). Vice Chair Leeper believed that the Board must walk a reasonably fine line between the desires of the Bull Mountain annexation people and the City of Tigard. He felt it is incumbent on the Board-to an extent-to be accommodating for the formation of a new city but at the same time to recognize that the Board must be even handed in its treatment of the City of Tigard in that formation of this city is likely to have an impact on that city. There was a motion to: • Open a public hearing on July 25, 2006. • Continue the hearing to August 1, 2006 for a possible decision about the petition. • The Board reserves the right to continue the hearing to August 8 and 9, 2006, at which time the Board would make a decision. Motion - Schouten 2nd- Duyck Vote - 40 Staff recommended that the Board make a tentative decision sooner rather than later in the hearing process to provide itself with the most flexibility to make a final decision. OFF DOCKET - LAND USE AND TRANSPORTATION MO 06-208 Authorize the Filing of a Land Use Ordinance Concerning the Petition to Incorporate the Proposed 13 of 16 EXHIBIT 5 F 283 PAGE 0 7Y$ TICG~R~31)~:V~aCT ~I#l~C2FYi?CT~1~tE~.5N0IICE, M TT S1i~1LREPitlOblL~'II:YKI]~WAi~Et~1i?'II~P~C,tirlSF~. jjNOTICE 1 TIf 1S BY GIVBN 'SAT' Um '!`IG E=1~'iC t U1+1GQ~. AT A LNG ON '1'[IESUAY. 2b. 2 A' . 3Q, l ru T-ft T.OWN HALL OP TER?iGAm CIVIC 0.13125 SW HALL BQUF.RV~D, lIGtyliD, ~'~7iiL CC1DF.(t?HS PQFdfi3"7G APP7:IGATi6N: NoK N N",Ai AnON ( Z) 2006-00002 CA CH (31 AREA ANNEXATION APPLI[c . COORDINATOR ofU OWNER: City of Mord ( talcipk Casahc:C St Anjand Coact: Dennis Koeliameier gpplieant* 13M SW HA Bkd. 13123 SW HA B1a(L T OR97223 TIP4 OR 37223 OW MR-. TkudWtterDistria OWr M. Trust for Public Land Bear 2:3000 806 SW Br4udmy, #300 Tj:s4.ORVM3 Poxdand, OR 37205 OWNER: Brentwmd Homes OWNER: on Dyer Con Jo~+al~a~ Banc 848 15170 SVP VIIX ae Lake Osa cV, OR 47304 Tim OR 97224 REQUEST: Ikee.~t is requesting annexation of twelve (l2) parcels con miming 41.41 acres into the city LOCATION: Abuttimg. and west of swake Iaae, and-:abutting and notth of SW Bull bib-min Road, an. d sndu~g #Iie sight-of-Way oa 5a se Lum fovm rise boa of Simase Lane said SW 147~'TetYaee £or. iiaad.si fdr pro 1,630 feet; y $ aT.a 2Qa &400; pNa. (.~CTM).25i0S1~ Tax-.- ts.6t0~- . - (>dC1];att I.ar 1 VOL" 2.528$:.Taa Lots 1.: & 1201: WCTbt 2S105DC, IliE Z300 & 40ik WC' 31 2S105DD,'Tsig1<.ots 200 de 300. ZONE: District: The -R 7 ---a dig dsstzicz is designtd to acco aac to A m1y. iames~ detiic3ie:d homes _~gitlt or ."Out aooes~dlg l at i muthpaom lot sae of-r;UW ' _ foes ~ad.~dtiples~s, at a let si» o£ -aqua yet. :~ialie bcime sad sulidivisiotis nfi i1so permit~sd ouuw- it ci is aac# iast atiaaat uses au s(so pesoiait eil 7saitdi4to#Air: R~VIEW. Clll'rERIAi Tbt a -pz- - zds rm ana stfions aic-ttesaa'bed ia- f3rv~Iopmmt-Code Epis ltd iiaa$39Q :Cana PIaa:Pcli_ats'sdiptei ?22 and 1ME PLJBUC_: MilRMG. ON.T1M;~ V. AL BE. CONDI ( M W ACCORDANCE .'4 = - RULES . OF 481§0 -M GiQ IS COD-Am- idju- is OF PA(~C3rDL1t13 ~tDOp'fPD BY TNI: • TiG4RD.CTIYQC)T~iC'Ii:A~1f}14i1`~m~~cr~rA'~CdiY7~L } EXHIBIT PAGE- I- OF ~9- # 284 ASSTS m Y.IS7FniuG QEVICI3S ARE AV.AILABLB FOR. PE1tSON5 wrm ueAmED HFARING. THE CITY wa-L ALSO ENDEAVOR TO ARRANGE FOR QUALMM SIGN LANGUAGE, INTERPREMW AND QUALIFIED IltINGUAL IN{"TFRPRE MS UPON REQLTSr. PLEASE CALL =4394m, EXT. 1438 (VOIM OR $03484.2772 (MD CATIONS DB/VICES FOR ITM DEAF) NO LESS T FLW ONE WEEK PRIOR TO THB HEARING TO I MAIM ARRANGEMENTS. ANYONE 9WHU4G TO PREMN T WItMEN TESIT34IONY ON THIS PROPOSED ACTION MAY DO 50 LN WRITING PRIOR TO OR AT THE PUBLIC HEARING. ORAL TMWOM MAY BE 1PRFSEITIM AT THE PUBLIC HEARING AT THE T'tl'BT iC HE:IRING, THE Erry Comm wnL REcEm A st-A F IMPORT PRFSMTATTON FROM THE CITY PLANNER, OPEN THE PUBLIC HEARNG, AND INVITE BOTH ORAL AND WRITTEN T°EST[T4 mim THE C[lY COUNCIL. WAY CON'TWUll THE PUBLIC HANG TO ANOTHER i1MMM,;G TO OBTAIN ADDITIONAL INFORMATION, OR CLOSE TIM PUBLIC HEARING AND TAKE ACTION ON THE APPLICATION. INCLIIDED IN TWS NOTICE 13 A LIST OF APPROVAL CRITERIA APPLICABLE TO THE REQUEST FROM THE ITGARD C0MhfL,WIW DEVELOPMENT CODE AND THE TIGARD COWREEIE1 fSIVE PLAN. APPROVAL OR DISAPPROVAL, OF TIM REQUEST BY 'THE cny Comm WTLI. BS BASED UPON 'THESE CRITERIA AND THESE CRrrmA OI\°LY. AT THE HEARING IT IS v"LTANT THAT ` coham-nm RELA-nNG TO THE REQUEST PERTAIN SPEC>FICALLY TO THE APPLTCABM CIA LISTED. ALL DOCUMMSM AND APPLICABLE CRITERIA IN THE ABOVE-NOTED EME AREARAILABLE FOR INSPECTION AT NO COST OR. COPIES CAN BE OBTAINED FOR TWENTY-F[VE CE4'S (254) PER PAGE. OR THE CWLgE NT RATE CHARGED FOR COPIES AT THE TIMB OF THIS REQUEST. IF YOU NANT TO INSPECT THE FK E, PLEASE CALL AND MAKE AN APXOIN7aiEN'T' WCIH EITHM THIS PROJWrPLANNER OR THE PLANING ITZHNICIANS. AT LEAST FIFTEEN (TS) DAYS PRIOR. TO THE HEARING. A, COPY OF MiE STAFF REPORT WIM BE AVAnABLE FOR WSPEMON AT NO COST, OR A COPY CAN. BE OBTAUSIED FOR Tl ENT Y--MVC CENTS (b0) PER PAGZ OR THE CURRENT RATE CHARGED FOR COPIES APT THE TM OF TfiE REQUM FOR FURTHER INFORMATION PLEASE CONTACT THE CITY RECORDER OR STAFF PLtLNNER. ENffLY EM AT 503-6394171, TIGARD CITY FNMA, 13125 SW HAIL BOULEVARD, TIGARD, OREGON 972223, OR BY EMAIL TO • Em31v(a)Liga ~or.P~v , Rid 11 11 /1! ~~iMM1.A t~Itl~.~+~~ll~i -Am •+'.^.i1:u r. 1.Y a `:t, i/i' I A" .i; Annexmica ti t ~L... FPm1s 1 - X A~ cp -Ali r EXHIBIT PAGE-A-I)Ll- 285 1 IN THE BOARD OF COUNTY COMMISSIONERS 2 FOR WASHINGTON COUNTY, OREGON 3 In the Matter of Approving the Petition for ) Incorporation of the City of Bull Mountain ) RESOLUTION AND ORDER 4 (WA-3106) With Boundary Adjustments, ) Adopting Findings, Adopting a Ballot Title ) 5 And Explanatory Statement, and ) No. Calling.an Election ) 6 7 This matter having come before the Board at its hearing of August 8, 2006; and 8 It appearing to the Board that a legally sufficient petition for incorporation of the 9 City of Bull Mountain was filed pursuant to ORS Chapter 221; and 10 It appearing to the Board that after providing notice on July'25, August 1, and 11 August 8, as required by law, the Board heard testimony and received evidence regarding • 12 the proposed boundary and other matters regarding the proposed incorporation; and 13 It appearing to the Board that the properties in the proposal would benefit from 14 incorporation and are properly included excepting only the properties designated as "Area 5" 15 which do not meet the statutory standards for inclusion and, further, that Tax Lot 16 2S 105DD0020lwould benefit from incorporation and, therefore, should be added to the 17 proposal; and 18 It appearing to the Board that the proposal otherwise-complies with all provisions of 19 law, including but not limited to the Oregon Revised Statutes; Metro Code, and the 20 Washington County Comprehensive Plan and, therefore, state statutes provide that 21 incorporation, including a permanent rate limit, is to be placed before the electors within the 22 boundary as adopted herein; now, therefore, it is Page 1 - RESOLUTION AND ORDER 06-1931 • WASHINGTON COUNTY COUNSEL 155 N. Fw r AVENUE. Su1rE 340, MS 24 HuSWRO, OR M24 3072 EXHIBIT PHONE(5M) 84"747 - FAX (503) 84&M6 PAGE 1. OF 3 0 286 1 RESOLVED AND ORDERED that the petition for incorporation of the City of Bull ~2 Mountain is approved for p placement before the electors with the boundary shown on Exhibit ary 3 "A," subject to the findings in Exhibit `B;" and it is further 4 RESOLVED AND ORDERED that an election on the question of whether to 5 incorporate the City of Bull Mountain shall be held on November 7, 2006; and, it is fiuther 6 RESOLVED AND ORDERED that the Ballot Title set forth in Exhibit "C" and the 7 Explanatory Statement set forth in Exhibit "D" hereby are adopted; and, it is further 8 RESOLVED AND ORDERED that the Elections Manager shall include on the ballot 9 a description of the boundaries of the proposed city as provided by law, and it is further 10 RESOLVED AND ORDERED that the County Administrator or his designee shall file 11 the Notice of Measure Election and take such other steps as are necessary to effectuate this 12 Resolution and Order. 03 DATED this day of August, 2006. 14 BOARD OF COUNTY COMMISSIONERS 15 FOR WASHINGTON COUNTY, OREGON 16 17 CHAIR 18 19 RECORDING SECRETARY 20 21 22 Page 2 - RESOLUTION AND ORDER X193 • WASHINGTON COUNTY COUNSEL 155 N. FH79r AVENUE, SUM 340, MS 24 IXNiBIT HR.LSWM, OR 971243072 PxoNE(sos) 84&-V47 - FAx (503) 84641636 PAGE- _OF 30 287 . ragccw a , 1 City Of Bull Mountain a k Proposed Incorporation Proposed City Boundary O City Of Bull Mountain Tigard )4~y' ~'rTia~ 1 •;,j life. el Fi1lWpmtmm Bull Mountain mmrraarer.fa.o•w rle mq ed h.. I f.w e..a ~.rw mi as. w`a. tr m.4 aat+•.e. a rawyelp ovomrp. u~wj. et evr eermrmn rlaee ~ma~aueu Ilr wmtlmw ' m. manren an M erp w.el..e can rwar aue.rr nee...r mteme. a.ml. WYeemncarri ara•~Nq nva~mb a raaa mhrbu,aporebrl s...ol. Nano ae Ylaalletl b err Weer Ilolma, me1dM d aq'.non wtld.eprdn.. N ~a awr.n.aeal.ea,, w rr.~n»~.,ewaeot. nnmo,a+.rts. po;eeae» em. rq.eOmvrreeluram ` SUWV.4E o:vawNncua~.Flm.uo.nneteeLSl.ln.. 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Criy d po . ~ •l'C"._ y>>:v~, ~ ~rt::~i' r`• .t, ` r. ,i~riit1yJ,••• 7 i.s` ~i+'»` i 1;:-•d,'~2"' ~ c~0uttte Bget gen - '.••.'-^.::'v~~~:: `:i .s. _ ~?V:.':• ,:Ir,;c,;;j. .'tY.za t:r~:r•':`=;.':'L' nterti BCt •,4z. :~`tf:`t' i>5:: :~+.,i': r...,- 'fit: r>.;.., .;y„: ~ a•: t,- -":-.ti•n i i.; •..rs• ~a;Y .d,.e ;t•:ryn,>;•; ..,y~: : '1,• s'F.i:r•Z'• _ ~i,t~?, '%:ti`ia,t.>_rr::r.i • t • i Gam.. 4,U.. . ~•t- ,ti: dr, r.: ''i'ii:' ~YrS:i• ':(i;,tt~ ~ ~',t::Nreif sir' ' ~•}t,~y. . •S: tJ.t:! ,`xait;.~~'~.i •'.i:,•;.: t •^n•'-,t•}:},i ~'•',`r.,i: •,`rs rti ~ ~~(~tl,• fx _ ?:i ::'r ::::t:,NY.. .,tAitl~i~_.;TC::ti ~r;: •y i;~'~i,'~ c.''~5 .,2500; 2~ ;,;r~:•;.:.,;~;,,~...;. feet t•~ ElIIIBrr A W 106 Legal Description August 8, 2006 Page 3 of 13 Legal Description for Proposed City of Bull Mountain Washington County, Oregon Casefile WA-3106 The purpose of this document is to prepare a boundary description of the Proposed City of Bull Mountain, Oregon in compliance with Oregon Revised Statue (ORS) 221.040(3)a. Beginning at the southeast comer of Section 5, Township 2 South, Range 1 West, of the Willamette Meridian, Washington County, Oregon. Said point also being the northeast corner of Lot 23 "Bull Mountain Estates", and on the west right-of-way line of the Bonneville Power Administration; thence following the boundary of the City of Tigard the following 14 courses, N89°06'E 225.03 feet along the north line of Section 9, Township 2 South, Range 1 West to the northwest comer of Lot 31 "High Tor West"; thence continuing along the north line of said subdivision plat and other lands N89°06'E 503.57 feet to the northwest comer of Lot 5 "High Tor"; thence along the north line of last said subdivision plat N89°05'E 596.26 feet to the northeast corner of Lot 1 "High Tor"; thence S009 F W 1,174.89 feet more or less along the east line of said subdivision plat to the south right-of-way of SW Bull Mountain Road, (being 60 feet wide) said point also being on the north line of Lot 1 `Bull Mountain Park' ; thence N86°20'E 8.00 feet more or less along said south right-of-way line to the northwest comer of partition plat 1997-073; thence SO0°09' 17"W 184.89 feet along the west line of said partition plat to the southwest comer of Parcel 2; thence S89°48'52'E 116.27 feet to the southeast comer of said parcel and the west right- of-way line of SW 139d Avenue; (being variable in width as dedicated in the subdivision plat of "Inverness"); thence northerly along said road right-of-way on a 2,949.37 foot radius curve to the left, (chord bearingN04°35'06"W 189.43 feet), an arc length of 189.46 feet to a point on the east line of said partition plat; EkHIBiT PAGE. OFD 290 EDIT A W rt-3106 Legal Description August 8, 2006 Page 4 of 13 thence continuing along said east line N06°25'35"W 2.90 feet to the northeast corner of partition plat 1997-073, said comer being on the north line of the subdivision plat of "Inverness", and also being 30 feet southerly of the centerline of SW Bull Mountain Road; thence N86°20'00"E 190.06 feet along the northerly line of last said subdivision plat to the northeast corner of Lot 1 "Inverness", and being on the west line of the subdivision plat of "Mountain Gate"; thence SO1°44' 14"W 5.00 feet to the northwest comer of Lot 45 "Mountain Gate", being 35 feet southerly of the centerline of SW Bull Mountain Road; thence N87°54'30"E 186.00 feet along the north line of Lots 45 and 46 of said subdivision plat to the most northerly corner of said Lot 46; thence $81 °46'59"E 95.00 feet to the northeast comer of said Lot 46; thence north to the north line of the subdivision plat of "Mountain Gate", being 20.00 feet southerly of the centerline of SW Bull Mountain Road; • thence leaving the boundary of the City of Tigard, N87°54'30"E along the north line of said subdivision plat to the northeast corner thereof, being 20 feet southerly of the centerline of SW Bull Mountain Road; thence continuing easterly 230.00- feet more or less along the southerly right-of-way of SW Bull Mountain Road, (being 40 feet wide), to an angle point; thence S61°29'00"E 250.00 feet more or less to the northwest corner of the subdivision plat of "Wilson Ridge"; thence following the boundary of the City of Tigard the following 21 courses, SO1031'37"W 1300.48 feet along the west line of said "Wilson Ridge" to the southwest corner of Tract "F"; thence S88'22'1 9"E 10.00 feet to the southeast corner of said Tract "F"; thence NO1°31'37"E 928.57 feet along the east line of Tracts "F" through "B" to the northeast corner thereof; thence S87°43'44"E 402.59 feet.along the south line of Lots 11 through 8, Tract "A", and Lot 7 to a point on the east line of said "Wilson Ridge" subdivision plat, also being on the west right-of-way line of SW U Avenue, (being 50 feet wide); • EXHIBIT- PAGE OF Q 291 EXHIBIT A W. _ -3106 Legal Description August 8, 2006 Page 5 of 13 thence S0103 1'25"W 240.00 feet along said west right-of-way line to a point; thence easterly 50.00 feet to a point being on the east right-of-way of SW 133rd Avenue, said point bears SO1°31'25"W 382.88 feet from the southerly right-of-way of SW Bull Mountain Road (being 40 feet wide); thence continuing easterly N88°25'00"E 201.40 feet; thence S00°37'00"E 44:10 feet; thence N89°04'57"E 235.56 feet to a point of intersection with the northerly extension of the west right-of-way of SW 132nd Terrace; thence SO1 ° 14'56"W along said northerly extension line and said west right-of-way 750.00 feet more or less to the most northerly northwest corner of the subdivision plat of "Summit Ridge"; thence continuing southerly along the west line of said subdivision plat SO1°14'48"W 279.92 feet to the most northerly northeast corner of "Summit Ridge No.3"; thence N87°59'21"W 220.90 feet along the north line of said subdivision plat to the northwest comer of Lot 129 "Summit Ridge No.3"; thence SO1°21'36"W 140.04 feet along the west line of said lot to a point being 3.35 feet northerly of the southwest corner thereof; thence N88°00'47"W 221.31 feet to the east right-of-way of SW 133rd Avenue (being 50 feet wide), said point also being NO1°32'28"E 5.06 feet from the northwest comer of Tract "N" "Summit Ridge No.311; thence SO1 °32'28"W 50.00 feet along said east right-of-way and the west line of said tract to the southwest comer thereof; thence S88°00'4T'E 846.00 feet along the south line of "Summit Ridge No.3" to the southeast comer thereof, said point also being on the west line of the subdivision plat ".Summit Ridge" NO1°14'45"E 3.76 feet from the northwest corner of Lot 79; thence SO1°14'45"W 860.44 feet along the west line of said subdivision plat and west line of the subdivision plat of "Summit Ridge No.2" to *an angle point; thence S02°2742"W 250.09 feet along the west line of "Summit Ridge No.2" to the southwest comer thereof, EXHIBIT rl PAGE OF,~Q 292 EXHIBIT A W PL-3106 Legal Description August 8, 2006 Page 6 of 13 thence N69°38'05"E 401.04 feet along the south line of said subdivision plat to the northwest comer of Lot 12 "Bella Vista"; thence S02-26'l 9-W 515.07 feet along the west line of said subdivision plat to an angle point on the west line of Tract "A" of said subdivision plat; thence continuing along the west line of said tract S11°56'22"E 371.23 feet to the most southerly southwest comer of said tract, also being on the north right-of-way of County Road 3107, SW Beef Bend Road (being 66 feet in width); thence leaving the boundary of the City of Tigard, and continuing S 11 °56'22"E to the centerline of said road as monumented on County Survey 28,273; thence following the centerline of SW Beef Bend Road along a 2000 foot radius curve to the right, an arc distance of 140.00 feet more or less, to station 17+09.97 P.C. on said centerline; thence continuing along said centerline S61°0328"W 127.69 feet to a point at station 15+82.29 PT on said centerline; thence along a 1000 foot radius curve to the right 384.02 feet to a point at station 11+98.26 P.C. on said centerline; thence S83003'3 8"W 197.05 feet to a point at station 10+01.21 on said centerline, said point also being the intersection of the centerline of SW 131" Avenue; thence northerly along the centerline of said SW 131" Avenue 10.00 feet more or less to a point of intersection with the centerline of County Road A-148, SW Beef Bend Road, as shown on County Survey 28,273; thence S80°54'W 1070.00 feet more or less to an angle point on the centerline of SW Beef Bend Road also being the intersection of the north/south centerline of Section 16, T2S, R1 W; thence S82°34'57"W 705.00 feet more or less along the centerline of County Road A- 148 to the northeast comer of the subdivision plat of "Rivermeade"thence along said road centerline and the northerly boundary of "Rivermeade" S82°52'W 239.20 feet to a point of curve; thence-along said road centerline and northerly subdivision plat boundary on a 5,729.58 foot radius curve the left an arc distance of 776.67 feet to a point; EXHIBIT PAGE. OF-~-O- 293 EXIII[Brr A WA-3106 Legal Description August 8, 2006 Page 7 of 13 thence continuing along said road centerline and northerly subdivision plat boundary S75°06'W 251.30 feet to the northeast comer of partition plat 2001-016; thence S72°31' 16"W 706.16 feet along the northerly boundary of partition plat 2001-016 and said road centerline to the intersection of the east line of Section 17, T2S, RI W, being the southeast comer of the subdivision plat of "Foxglove"; thence S73°29'00"W 379.53 feet along said centerline and the South line of the subdivision plat of "Foxglove" extended, to an angle point on said centerline; thence S85°20' 10"W 976.00 feet more or less along the centerline of SW Beef Bend Road to the intersection of the west right-of-way of SW 150'h Avenue extended southerly; thence northerly 850.00 feet more or less along the west right-of-way of SW 150`x' Avenue (being 40 feet wide) to the south line of Section 8, T2S, RI W; thence S89°58'30"W 1308.12 feet along the south line of said section to the south one- quarter section comer, said point also being the southeast comer of partition plat 1990- 006; thence along the south line of said partition plat the following 3 courses: S89°23' 16"W 549.83 feet; N00°56'33"W 110.54 feet; 5890'23'1 6"W 702 702,92 feet to the southwest comer of Parcel 3 of said partition plat; thence continuing S89°23' 16"W 60.00 feet to the west line of Tract "A" in last said partition plat, known as SW April Lane, a 60 foot wide private access road; thence NO0°58'24"W 549.36 feet along the west line of last said partition plat to the northeast comer, of the south-half of the southwest one-quarter, of the southwest one- quarter, of Section 8, T2S, R1W; thence west along the north line of said south-half to the west line of said Section 8, said point being north 658.34 feet from the southwest comer of section 8; thence N00°18'34"W 1975.03 feet along the west line of said section 8 to the west one- quarter section comer, thence continuing northerly N00°06'E 419.80 feet along the west line of said section; r7 EXHIBIT PAGE of~ 294 EXHIBIT A WA-3106 Legal Description August 8, 2006 Page 8 of 13 thence S89°20'30"W 1338.00 feet more or less to the west right-of-way of SW Roy Rogers Road, said point being approximately 54.45 feet west of said right-of-way centerline; thence northerly along the west right-of-way of said road as shown on County Survey 28,892 to the intersection of the south line of Section 6, T2S, R1W; thence S89°2 VW along the south line of said section 6 to the south one-quarter corner; thence north along the center of said section 6 to the south right-of-way line of SW Scholls Ferry Road, (being 49 feet southerly from centerline station PC 119+43.54 as shown on County Survey 27,548), said point being N02'06'1 YT 29.34 feet from the center of Section 6, T2S, R1W; thence easterly along said south right-of-way line on a curve to the left with a radius of 1481.39 feet to a point 49.00 feet southeasterly of centerline station PT 122+98.54; thence N76037'45"E 876.55 feet along said south right-of-way line to a point 49.00 feet southeasterly from centerline station PC 131+75.09; • thence continuing easterly along said south right-of-way line on a curve to the right with a radius of 1383.39 feet to a point 49.00 feet southerly from of centerline station PT 135+43.85; thence S88037'1 3"E 261.27 feet along said south right-of-way line to a point 49.00 feet southerly from centerline station PC 138+05.12; thence continuing easterly along said south right-of-way on a curve to the left with a radius of 1481.39 feet to a point of intersection with the south right-of-way of County Road 812; thence easterly along the south right-of-way of said County Road 812 to the northwest comer of the subdivision plat of "Kerron's Crest", being on the south right-of-way line of SW Old Scholls Ferry Road, now known as SW Barrows Road (County Road 2156); thence following the boundary of the City of Beaverton the following 25 courses, N89°30'36"E 847.29 feet along said southerly right-of-way line to the northeast corner of said subdivision plat, being 25 feet southerly of said right-of-way centerline; thence S00°00'36"W 10.00 feet to the northwest corner of Tract "1, "Bull Mountain Meadows No.3", being 35.00 feet southerly of the centerline of said right-of-way; EXHIBIT PAGEOF 2 295 finnn^^1~ns,Ttr ,I$ nn nn r--~ =-'-WQ 31O6I ,1,1 scnPtiOn EXHIBIT A W A-3106 Legal Description August 8, 2006 Page 9 of 13 thence continuing along said south right-of-way line, and north boundary of said subdivision plat, N89°31' 19"E 746.99 feet to an angle point on said right-of-way line; thence along said south right-of-way line S85°05'41 "E 137.43 feet to a point on the north line of Tract " H"Bull Mountain Meadows No.3", being 35.00 feet southerly of said right-of-way centerline; thence N00°01'36"E 2.01 feet to a point being 33.00 feet southerly of the centerline of SW Barrows Road; thence S85°05'41 "E 40.23 feet to the northeast comer of Tract "H" "Bull Mountain Meadows No.3" and the northwest corner of Tract "A" "Bull Mountain Meadows", being 33.00 feet southerly of said right-of-way centerline; thence continuing S85105'41"E 472.71 feet more or less along the easterly projection of said south right-of-way line to a point of curvature on the north line of Tract "B" Bull Mountain Meadows"; thence continuing along said south right-of-way, and the north line of said Tract "B" on a 5967.00 foot radius curve to the right (chord bearing S82°53'50"E 457.60 feet) an arc distance of 457.71 feet to the northeast corner of said Tract "B", said point also being the • northwest comer of Lot 1 "Roundtree Estates"; thence continuing along the south right-of-way of SW Barrows Road along the north line of said Lot 1 "Roundtree Estates" the following 3 courses; thence along a 100.00 foot radius curve to the left (chord bearing S89°15'48"E 29.78) an arc distance of 29.89 feet; thence along a 100.00 foot radius curve to the right (chord bearing N86°13'37"E 14.14) an arc distance of 14.15 feet; thence continuing along the north line of said Lot 1 and the easterly extension thereof, along the north lines of Lots 39, 38, and 37 on a 1183.00 foot radius curve to the left with an arc distance of 302.00 feet more or less to northeast comer of said Lot 37 "Roundtree Estates"; thence continuing along the south right-of-way of SW Barrows Road on said 1183.00 foot radius curve to the left (chord bearing N75°3 1'09"E 8.80 feet) an arc distance of 8.80 feet, said curve being on the north line of Tract "A" "Momingside"; thence continuing along the south right-of-way of SW Barrows Road and the north line of said Tracts "A", "B", and Lot 4 "Morningside" N75°18'22"E 90.62 to a point of curvature; MINT- 'I~GE t_1 Of~- 296 E7MBTT A WA-3106 Legal Description August 8, 2006 . Page 10 of 13 thence continuing along the north line of Lots 4 through 6 on a 1183.00 foot radius curve to the left an are distance of 158.99 feet; thence N6796'21"E 69.13 feet to the northeast corner of Lot 6 "Momingside", being 33.00 feet southerly and perpendicular to the centerline of SW Barrows Road; thence continuing N67°36'21"E along the south right-of-way of SW Barrows Road, and the north line of Tract "A" "Mayview", and the easterly extension thereof to the northeast corner Lot 1 "Mayview; thence continuing N67°36'21 "E along the south right-of-way of said road and the easterly extension of the north line of Tract "A" "Scholls Meadows" to the northerly northwest comer of Tract "B" "Kraft Place". being 33.00 feet southerly of said right-of- way centerline; thence continuing N67136'21"E 422.21 feet along the southerly right-of-way of SW Barrows Road and north line of the subdivision plat of "Kraft Place" to the northeast corner of Tract "C"; thence continuing along the southerly right-of-way of SW Barrows Road and the north line of Tract "R" "Hillshire Creek Estates No.3" N67°43'59"E 117.13 feet to a point of curvature; thence on a 605.96 radius curve to the left an arc distance of 209.54 feet along the north line of Tracts "R" and "O", Lots 125 through 129 "Hillshire Creek Estates No.3" to a point on the north line of said Lot 129; thence N47°55' 10"E 137.48 feet along said right-of-way and the north line of Lots 129 through 131 "Hillshire Creek Estates No-Y' to the northeast comer of said Lot 131; thence continuing N47°55'l VE 22.19 feet along the north line of Tract "B" "Hillshire Creek Estates" to a point on the southerly right-of-way of SW Barrows Road; thence continuing along the north line and the extension thereof, on a 605.96 foot radius curve to the left, to a point being southerly 33.00 feet from a point of tangency on the north line of said subdivision plat; thence following the south right-of-way of said SW Barrows Road N32°43' 10"E 574.00 feet more or less to the intersection of the west right-of-way line of the Bonneville Power Administration, said point also being on the east line of Section 5, T2S, R1 W, and the most northerly comer of Tract "A" "Hillshire Creek Estates"; EXHIBIT PAGE-4Q OF 297 EXHIBTT A WA-3106 Legal Description August 8, 2006 Page llofl3 thence leaving the boundary of the City of Beaverton and following the boundary of the City of Tigard the following 44 courses, SO0°34'26"W 1747.57 feet along the east line of the subdivision plats of "Hillshire Creek Estates" and "Hillshire Creek Estates No.2" to the east one-quarter comer of Section 5, T2S, Rl W; thence continuing along the westerly right-of-way of the Bonneville Power Administration and the east line of "Hillshire Creek Estates" S00°3 1'32"W 226.37 feet to the southeast comer thereof, thence S89°56'05"W 424.65 feet to the southwest corner of said "Hillshire Creek Estates"; thence S00°33'29"W 712.21 feet along the east line of "Hillshire Creek Estates No.4" to the southeast comer thereof, thence N87°37'1 6"W 844.32 feet along the south line of said subdivision plat to the southwest comer thereof; thence NIO°00'32"E 335.85 feet along the west line of said subdivision plat to the northwest comer of Lot 186 "Hillshire Creek Estates No.4", said point being on the south right-of-way of SW Mentor Lane (being 60' wide); thence along the south line of said right-of-way on the arc of a 195.83 foot radius curve right, (the chord of which bears S64°17'52"W, 42.96 feet) an arc distance of 43.05 feet; thence continuing along said south right-of-way S89°34'49"W 66.45 feet; thence leaving said right-of-way S10°21'58"W 412.41 feet; thence S87° 13'42"E 841.62 feet more or less to the west line of Lot 47 of the subdivision plat of "Pacific Crest", said, point being S02°44' 10"W 100.00 feet from the northwest corner of Lot 48; thence along the west line of Lots 47 through 45 of said "Pacific Crest" subdivision plat S00°59'42"W 144.19 feet to the southwest comer of Lot 45; thence S89°00' 18"E 122.98 feet along the south line of said Lot 45 to the southeast comer thereof, thence along the west line of Lots 42 through 39 of said "Pacific Crest" subdivision plat S00059'42"W 188.61 feet to a point, being 14.06 feet southerly from the northwest comer of said Lot 39; D(HIB1T - PAGE L OF 298 EXHIBIT A WA-3106 Legal Description August 8, 2006 Page 12 of 13 thence N89°28'08"W 1057.84 feet to the east right-of-way of SW Sunrise Lane (being 40 feet wide); thence S03°49'59"W 100.17 feet along the east right-of-way of said road; thence S04°35'55"'W 84.20 feet along said east right-of-way; thence S43'1 1'55"W 116.47 feet along said east right-of-way; thence continuing along said east right-of-way S 17°04' 55"W 72.15 feet; thence S14°15'05"E 98.41 along said east right-of-way; thence S 14°18'E 90.00 feet along said east right-of-way; thence S04* 14'45"W 119.80 feet along said east right-of-way; thence N89-49' W 20.00 to the centerline of SW Sunrise Lane (being 40' wide); thence S04°12'W 190.90 feet along said centerline to a point; thence S89°49'E 20.05 feet to the east right-of-way of said road; thence leaving said right-of-way and continuing S89°49'E 171.09 feet; thence SO0°40'W 209.57 feet; thence N89°50'44"W 42.70 feet; thence S00°41'34"W 240 feet to a point on the south line of Section 5, T2S, RI W, said point also being on the south right-of-way of SW Sunrise Lane (being 40 feet wide); thence S89°50'44"E 107.00 feet along said section line; thence N00143'00"E 40.00 feet to the north right-of-way of said SW Sunrise Lane; thence continuing along said north right-of-way line S89°50'44"E 23.40 feet; thence SO0°43'00"W 20.00 feet to a point on the north right-of-way line of SW Sunrise Lane (being 20.00 feet wide); thence S89°50'44"E 180.00 feet along the north right-of-way line; EXHIBIT 7 PAGE OF 299 EJIIIBIT A Wes. _ t06 Legal Description August 8, 2006 Page 13 of 13 thence N00°43'00"E 180.00 feet; thence S89°50'44"E 124.00 feet; thence S00°43'00"W 200.00 feet to the south line of said road right-of-way, also being the south hue of Section 5, T2S, RI W; thence S89°50'44"E 233.64 feet along said south line; thence N00°41'42"E 20.00 feet to a point on the north right-of-way line of SW Sunrise Lane (being 20 feet wide); thence S89°50'44"E 382.89 feet along the north line of said right-of-way; thence N00°56'42"E 145.55 feet; thence S88°15'03"E 89.75 feet; thence N70°24'32"E 110.59 feet; thence N89°50'03"W 208.00 feet to a point on the east line of Section 5, T2S, R1W; thence SO0°54'00"W along said section line 199,81 feet to the southeast comer of section 5, T2S, R1W and the point of beginning. EMIBIT f7 PAGE 15 OF'So 300 EXIM(BIT B Casefile WA-3106 August 8, 2006 Page Iof13 EXHIBIT B Findings for Casefde WA 3106 Approving the Petition for Incorporation of The Proposed City of Bull Mountain August 8, 2006 GENERAL FINDINGS Resolution and Order No. 06-1.83 determines the petition to incorporate the proposed City of Bull Mountain complies with the legal requirements applicable to the formation of a new city. The following findings in support of R&O 06-183 address compliance with requirements of applicable state law relating to incorporation, the feasibility of the proposed city to comply with the statewide planning goals, the Washington County Comprehensive Plan, and the Metro Code. The findings also address'the inclusion and exclusion of lands from the proposed incorporation boundary and responds to issues raised during the public hearings. The Board's decision on the incorporation is a legislative decision, which is discretionary. These findings consider (1) consistency with applicable statutes, comprehensive plan provisions, statewide planning goals, and Metro requirements; and (2) whether to include or exclude land from the proposed city boundary as required by state law. STATE AND METRO INCORPORATION REQUIREMENTS As noted in the staff report for the July 25`h hearing, Casefile WA-3106 complies with the statutory and Metro requirements for an incorporation petition. The proper prospective and signed petitions and the Economic Feasibility Statement (EFS) were submitted to the Washington County Elections Division. The Elections Division determined that the signed petition was signed by at least 10% of the electors registered in the area proposed to be incorporated. The petitioners' EFS contained the required information. The petition included the information required by Metro Code Section 3.09.040. Public notice of the petition and public hearings before the Board was provided by staff consistent with ORS 221 and the Metro Code. In addition to meeting those requirements, the county mailed an informational letter to all property owners in the proposed city boundary and published additional notice in newspapers with general circulation in the area. EXCLUDE LANDS OUTSIDE REGIONAL URBAN GROWTH BOUNDARY ("Area 5") The area identified in the incorporation petition as "Area 5" is outside the regional Urban Growth Boundary (UGB) and it is within an "urbanized area," as defined in ORS 221.010(4). Pursuant to ORS 221.034(2), such lands may be included in an incorporation proposal only if they are within a"designated rural unincorporated community. The lands in Area 5 do not satisfy EXHIBIT PAGE( _0F 301 EXHIM B - Casefile WA-3106 August 8, 2006 Page 2 of 13 the rural unincorporated community requirement. Metro Code Section 3.09.130(b) and (c)(5) also requires compliance with OR.S 221.034(2). Consequently, both state law and Metro Code requirements required the Board to exclude land lying outside the regional UGB from the boundary of the proposed incorporation. COMPLIANCE WITH STATEWIDE GOALS .Ordinance No. 666 amended Policy 15 of the Comprehensive Framework Plan for the Urban Area (CFP) relating to the possible incorporation of the City of Bull Mountain. Ordinance No. 666 amended Implementing Strategy d of Policy 15 and added implementing strategy m. The amendments recognize that incorporation of a new city in the Bull Mountain area will require the county, the City of Tigard and other affected service districts to amend the Tigard Urban Service Agreement. The county and Tigard will also need to amend the Tigard Urban Planning Area Agreement. The changes amend the CFP to recognize the possibility of incorporation and permit the Board to determine that the incorporation petition complies with the CFP. Ordinance No. 666 contains findings demonstrating that the amendments to the CFP comply with all applicable statewide goals. Because the incorporation of a new city is specifically provided for in the comprehensive plan provisions for the Bull Mountain area, the proposed incorporation is consistent with the comprehensive plan. However, because the amendments to the comprehensive plan are not acknowledged, the following findings are provided to determine whether the proposed incorporation is consistent with the statewide planning goals. Goal.1 - Citizen Involvement Goal 1 requires the City to create a citizen involvement program that insures the opportunity for citizens to participate in all phases of the planning process. The goal identifies specific components that must be included in the City's citizen involvement program. The petitioners' consultant, ECONorthwest, stated in its July 31, 2006 letter to the Board that the City would create its own citizen involvement program and fund it through the City's planning budget.. Therefore, it reasonable to assume the City can comply with Goal 1. Goal 2, Land Use Planning Goal 2 requires the City to establish a land use planning process and policy framework to be the basis of City decisions related to land use matters and to assure there is an adequate factual base for those decisions. The City's land use plans must also be consistent with the county and nearby cities comprehensive plans and Metro planning requirements. The petitioners' Economic Feasibility Statement (EFS) states the City would develop its comprehensive plan with the assistance of planning consultants. The budget information in the EFS includes fimding to develop the comprehensive plan. There is no reason to assume the City cannot comply with Goal 2 through the development of its plan. Goal 3 - Agricultural Ladd The EFU and AF-10 territory originally proposed to be incorporated was removed from the EXHIBIT 7 PAGE I_OF 0 302 EX13IBIT B Casefile WA-3106 August 8, 2006 Page 2 of 13 the rural unincorporated community requirement. Metro Code Section 3.09.130(b) and (c)(5) also requires compliance with ORS 221.034(2). Consequently, both state law and Metro Code requirements required the Board to exclude land lying outside the regional UGB from the boundary of the proposed incorporation. COMPLIANCE WITH STATEWIDE GOALS Ordinance No. 666 amended Policy 15 of the Comprehensive Framework Plan for the Urban Area (CFP) relating to the possible incorporation of the City of Bull Mountain. Ordinance No. 666 amended Implementing Strategy d of Policy 15 and added implementing strategy in. The amendments recognize that incorporation of a new city in the Bull Mountain area will require the county, the City of Tigard and other affected service districts to amend the Tigard Urban Service Agreement. The county and Tigard will also need to amend the Tigard Urban Planning Area Agreement. The changes amend the CFP to recognize the possibility of incorporation and permit the Board to determine that the incorporation petition complies with the CFP. Ordinance No. 666 contains findings demonstrating that the amendments to the CFP comply with all applicable statewide goals. Because the incorporation of a new city is specifically provided for in the comprehensive plan provisions for the Bull Mountain area, the proposed incorporation is consistent with the comprehensive plan. However, because the amendments to the comprehensive plan are not acknowledged, the following findings are provided to determine whether the proposed incorporation is consistent with the statewide planning goals. Goal I - Citizen Involvement Goal 1 requires the City to create a citizen involvement program that insures the opportunity for citizens to participate in all phases of the planning process. The goal identifies specific components that must be included in the City's citizen involvement program. The petitioners' consultant, ECONorthwest, stated in its July 31, 2006 letter to the Board that the City would create its own citizen involvement program and fund it through the City's planning budget. Therefore, it reasonable to assume the City can comply with Goal 1. Goal 2, Land Use Planning Goal 2 requires the City to establish a land use planning process and policy framework to be the basis of City decisions related to land use matters and to assure there is an adequate factual base for those decisions. The City's land use plans must also be consistent with the county and nearby cities comprehensive plans and Metro planning requirements. The petitioners' Economic Feasibility Statement (EFS) states the City would develop its comprehensive plan with the assistance of planning consultants. The budget information in the EFS includes funding to develop the comprehensive plan. There is no reason to assume the City cannot comply with Goal 2 through the development of its plan. Goal 3 - Agricultural Land The EFU and AF-10 territory originally proposed to be incorporated was removed from the EXHIBIT PAGE 1!7 303 Exmrr B Casefile WA-3106 August 8, 2006 Page 3 of 13 proposed City boundary. Therefore this goal is not applicable to the city. Goal 4 - Forest Lands This goal is not applicable to the proposed City because all of the territory in the proposed city is in the urban growth boundary. Goal S - Open Spaces, Scenic and Historic Areas and Natural Resources Goal 5 requires the City to include in its comprehensive plan policies and implementing provisions that protect natural resources and conserve scenic and historic areas and open spaces. The City would have to inventory the resources subject to the goal (e.g., riparian corridors, wetlands, wildlife habitat, mineral and aggregate resources, and historic sites) to determine which resources are significant. The goal requires the City to comply with Metro's Title 13 for the purpose of addressing riparian corridors, wetlands, and fish and wildlife habitat. The City could comply with Title 13 by joining the TBNRCC and implementing the Tualatin Basin program accordingly, or by developing a new program that complies with one of the other Title 13 options. There is no reason to believe that the City's comprehensive plan could not comply with Goal 5. Goal 6 - Air, Water and Land Resource Quality Goal 6 requires the City to include in its comprehensive plan policies and implementing provisions that maintain and improve of the quality of air, water and land resources. There is re reason to believe that the City's comprehensive plan could not comply with Goal 6. Goal 7 - Natural Disasters and Hazards Goal 7 addresses natural disaster and hazard areas. The City's comprehensive plan would have to include provisions to protect life and property from natural hazards, such as flooding, landslides, weak soil foundations and earthquakes. There is no reason to believe that the City's comprehensive plan could not comply with Goal 7. Goal 8 - Recreation Needs Goal 8 requires local governments that are responsible for providing parks and recreation facilities to plan for the provision of them. The petitoners' EFS states one of the services the City would provide is park and recreation services. Since Washington County is not a park and recreation provider, the county has not had any provisions in place to provide parks to Area 1 as it developed. For Areas 2 and 3, Metro's Title 11 requires parks to be provided to the future residents of these areas. There is no requirement that parks be provided for the existing residents in Area 1. It is reasonable to assume the City could comply with Goal 8 because it could provide parks for residents in Areas 2 and 3 through a park system development charge for new development in these areas and/or through other city funding. Goal 9 - Economy of the State Goal 9 requires the City's comprehensive plan to contain policies about economic development EXHIBIT q PAGE 3 OF- ~D 304 EDIT B Casefile WA-3106 August 8, 2006 Page 4 of 13 in the City, provide an adequate supply of sites for industrial and commercial uses, and assure the uses of sites near commercial and industrial sites are compatible to commercial and industrial uses. There is no reason to believe the City's comprehensive plan could not comply with this goal due to the amount of vacant land in Areas 2 and 3. There would be ample opportunity for the City to provide the necessary amount of commercial and industrial land. Goal 10 - Housing Goal 10 requires the City to project future housing needs, provide housing that is affordable for households of all income levels, and provide for flexibility of housing type, density and location. The Metropolitan Housing Rule (OAR 660-007), which helps to implement Goal 10, requires the City's comprehensive plan to provide the opportunity for at least 50% of new residential development to be attached single family or multi-family dwelling units. In addition to these requirements, the City's comprehensive plan must also provide for the provision of needed housing, including manufactured dwelling parks and government assisted housing, under clear and objective standards. There is no reason to believe the City's comprehensive plan could not comply with this goal since there would be ample opportunity for the City to provide the necessary amount and type of residential land: Goal 11- Public Facilities and Services Goal 11 requires the City to plan and develop a timely orderly and efficient arrangement of M public facilities and services. This would include the creation of a public facilities plan that is consistent with the requirements of OAR 660-011 (Public Facilities Planning) development regulations addressing the availability of adequate public facility and services for new development. Questions were raised about how some utility services would be provided in the future if the city were formed. The most recent information from the petitioners', via the July 315` letter from ECONorthwest, indicates the City could become the service provider for sewer, stormwater or water through an extraterritorial service line extension or by annexation to a special service district. The letter indicates annexation would be preferable. If incorporation occurs, the city council would determine how the City would receive these services. It is reasonable to assume the city council would work successfully with service providers to conduct a full examination of the issues and establish a long-term service plan for the City that is coordinated with service plans for the surrounding areas. Goal 12 - Transportation Goal 12 requires the City to develop a transportation plan that describes the transportation system necessary to accommodate the transportation needs of the City and provides a safe, convenient and economic transportation system. The state Transportation Planning Rule, which helps to implement Goal 12, must also be addressed as well as Metro's RTP. The City's transportation plan must also be consistent with RTP. The City would also have to coordinate with the county and adjacent cities when it develops its transportation plan. There is no reason to believe the City could not meet these obligations. EXHIBIT PAGE~0F_ 305 EDIT B Casefile WA-3106 August 8, 2006 Page 5 of 13 Goal 13 - Energy Conservation Goal 7 requires the City's comprehensive plan to include plan policies and implementing provisions that promote energy conservation- There is no reason to believe the City could not implement the goat's guidelines and implementation requirements for energy conservation. Goal 14 - Urbanization Goal 14 requires the City's comprehensive plan to include policies and strategies that address the efficient use of land, provision of appropriate public facilities and services, and the development of livable communities. There is no reason to believe the City's comprehensive plan could not comply with this goal, particularly due to the fact that Areas 2 and 3 are mostly vacant. COMPLIANCE WITH METRO PLANNING REQUIREMENTS Areas 2 and 3, also known as UGB expansion areas 63 and 64, were added to the UGB in December 2002. Metro adopted the following 2040 Growth Concept design types for the areas: • Area 2 is an "inner neighborhood" • Area 3 is an "outer neighborhood" • The area along the segment of Roy Rogers Road that is in the UGB is a "corridor" • The area along Scholls Ferry Road is also a corridor Urban Growth Management Functional Plan The petitioners EFS states the City would develop a new comprehensive plan for the city, which would address Areas 2 and 3. The EFS also states the City would develop a transportation plan and parks master plan. Until the City's plans and regulations are adopted, Washington County's Comprehensive Plan would continue to apply to the new city. The EFS expects Area I to be developed by the time the City adopts its comprehensive plan. Consequently, it is likely the city's comprehensive plan for this area will be similar to the county's comprehensive plan. Since the county's comprehensive plan for Area 1 has been acknowledged by the State and Metro, it would not be difficult to draft a city comprehensive plan for Area 1 that would be consistent with the applicable land use requirements. Areas 2 and 3 The key Functional Plan requirements the City's comprehensive plan must comply with are addressed below. I. Title 1 - Requirements for Housing and Employment Accommodations Functional Plan policies in Title I seek ways to increase the capacity within the urban growth boundary, such as establishing minimum residential densities. Since almost all of Areas 2 and 3 are vacant, the City would have considerable latitude to develop a land use plan that implements the adopted 2040 Growth Concept design types and provide the minimum densities-required by"Title 11 (10 dwelling units per acre of vacant buildable residential land). The City would need to establish minimum densities for each of its EXHIBIT rl PAGE 0 OFAQ 306 EXIHBff B Casefile WA-3106 August 8, 2006 . Page 6 of 13 residential land use districts as required by Title 1. 2. Title 2 - Regional Parking Policy To meet state requirements to reduce new parking spaces and vehicle miles traveled in the region, Metro requires limits on the minimum and maximum number of parking spaces for new uses. The City can comply with Title 2 by adopting parking space requirements for new uses that are consistent with those listed in Table 3.07-2 of Title 2. 3. Title 3 - Water Quality and Flood Management The goal of Title 3 is to protect the region's health and public safety by reducing flood and landslide hazards, controlling soil erosion, and reducing pollution of the region's waterways. The City can comply with Title 3's provisions by complying with Clean Water Services regulations for water quality and flood management. 4. Title 7 - Affordable Housing Title 7 requires the City to adopt voluntary affordable housing production goals and affordable housing tools and strategies. The City's comprehensive plan would have to include provisions to ensure a diverse range of housing types, increase the opportunities for new affordable housing in the City and increase opportunities for households of all income levels to live in the city in affordable housing- Title 7 lists a number of tools and strategies the City could use to provide affordable housing or the City could develop other measures to provide affordable housing in the City. There is no reason to believe the City's comprehensive plan could not comply with this goal, particularly due to the fact that Areas 2 and 3 are mostly vacant. 5. Title 11 Title 11 of the Functional Plan requires the City's comprehensive plan for Areas 2 and 3 to address a number of requirements. Requirements include: • a diversity of housing stock, including affordable housing • sufficient commercial and industrial development for the area's needs • a public facilities and services plan for sewer, water, storm drainage, transportation, parks, and police and fire protection • provision for annexation to appropriate service provider districts for required urban services general locations of public facilities such as sewer, water and roads to demonstrate the area can be served - • locations of steep slopes and other constrained lands such aswetland, flood plain and riparian areas With the exception of several houses, Areas 2 and 3 are vacant. This gives the City considerable latitude to develop a plan the addresses the above requirements. The City would need to work with Clean Water Services and nearby water providers to negotiate for the provisions of these services to Areas 2 and 3. The petitioners have indicated the • City may want to annex into the service districts for service or request service via extraterritorial service line extensions. It is reasonable to assume the City could work EXHIBIT 7 PAGE L__0 fO . 307 EX BIT B Casefile WA-3106 August 8, 2006 Page 7 of 13 with these service providers to have these services provided to Areas 2 and 3. 6. Title 13 - Nature in Neighborhoods The purpose of Title 13 is to (1) conserve, protect and restore a continuous ecologically viable streamside corridor that is integrated with upland wildlife habitat and surrounding development, and (2) control and prevent water pollution and maintain and improve water quality in the region. Because the City was not a party to the Tualatin Basin Agreement, they must comply directly with Metro's Title 13 provisions. Title 13 provides five different options for local jurisdictions to achieve compliance, the Tualatin Basin approach being one of them. The City can comply with Title 13 by joining the TBNRCC and implementing the Tualatin Basin program accordingly, or by developing a new program that complies with one of the other Title 13 options. Regional Transportation Plan As noted above, the county's transportation plan complies with the Regional Transportation Plan (RP). In Area 1, the City could maintain compliance with the RTP by maintaining the county's functional classification designations for that area. For Areas 2 and 3, the City would have the responsibility to comply with the Functional Plan and RTP and coordinate with the county and adjacent cities when it does the planning of these areas. There is no reason to believe the City could not meet these obligations. COMPLIANCE WITH WASHINGTON COUNTY'S COMPREHENSIVE PLAN Concurrent with consideration of the incorporation petition, the county considered amendments to Policy 15 of the Comprehensive Framework Plan for the Urban Area (CFP), the County - Tigard UPAA and General Design Element 15 of the Bull Mountain Community Plan. The Board adopted the amendments Ordinance No. 666 on August 8, 2006. The amendments recognize the possibility of incorporating a new city in the Bull Mountain area and the need to amend existing coordination and service agreements. The proposed incorporation complies with all applicable county comprehensive plan provisions as modified by Ordinance No. 666. Policy 15 of the Comprehensive Framework Plan for the Urban Area Ordinance No. 666 amended Policy 15 of the CFP by amending Strategy d. and adding new implementing strategy m. Unamended Strategy d. requires that the county, in conjunction with cities, special districts and Metro, adopt urban service agreements that address all unincorporated and incorporated properties in the UGB. The entire area subject to the incorporation petition, except for the new UGB lands (Areas 2 and 3) were included in the Tigard Urban Service Area. CFP Policy 15 did not envision that a petition would be filed to incorporate the urban unincorporated area of Bull Mountain. Unamended Policy 15 presumed the City of Tigard would be the eventual provider of most urban services. The amendments to implementing Strategy d. state that in the event the urban unincorporated territory in the Bull Mountain area is incorporated into a new city, the County will work with service providers and amend the Tigard Urban Service Agreement (TUSA), if necessary, to assure consistency with state law.. The key • language added to Implementing Strategy d. is as follows: EXHIBIT PAGE-2.2_0F _ 308 EX MrT B Casefile WA-3106 August 8, 2006 • . Page 8 of 13 "In the event the urban unincorporated territory in the Bull Mountain area is incorporated into a new city, the County will work with affected service providers and amend the Tigard Urban Service Agreement as may be necessary to assure ongoing compliance with ORS 195. " The amendments recognize that incorporation of a new city in the Bull Mountain area would require the county, the City of Tigard and other affected service districts to the TUSA. Amended Policy 15 added a new implementing Strategy m. Implementing Strategy i. of Policy 15 states (which wasn't amended) that the county will support the incorporation of new communities (e.g., cities), provided that.the incorporation will result in the provision of services in the most efficient and cost effective manner and is not violation of an already existing Urban Planning Area Agreement between the county and an affected city." The current Washington County - City of Tigard UPAA does not recognize the possible incorporation of a new city. The added implementing strategy n. recognizes the right to petition for incorporation of a new city as provided under state law and allows the Board to consider such a petition notwithstanding the existing UPAA. Specifically, the new implementing Strategy m. reads as follows: "m. Notwithstanding Implementing Strategy I. above, the Board of Commissioners may place a petition to incorporate a city in the urban unincorporated portion of the Bull Mountain area on the ballot provided the Board determines that the petition is consistent with other applicable requirements governing incorporation • under state law and the Metro Code. If the voters approve incorporation, the county shall coordinate with the-new city and the City of Tigard to amend the existing Washington County - City of Tigard Urban Planning Area Agreement ((UPAA) as may be required to assure ongoing compliance with the coordination requirements required by ORS 195 and Goal 2. " Bull Mountain Community Plan Ordinance 666 also amended General Design Element 15 in the Bull Mountain Community Plan as follows "Coordinate with the GWy of ppM rt to park providers for the planning and provision of park and recreation facilities and services. " Policy 26 - Water Supply and Distribution, of the Comprehensive Framework Plan for the Urban Area Policy 26 states the county will work with water providers to ensure that water service is available to new development and that the water demands for new development do not jeopardize groundwater supplies to existing users in critical groundwater areas. If the proposed city were formed, it would be the City's responsibility to work with the existing water providers to Area 1 to ensure continued water service. As noted above, it is reasonable to assume the City can work with nearby water providers to have service provided to Areas 2 and 3. The proposed city is located in the Bull Mt. - Cooper Mt_ Critical Groundwater area. City compliance with EXHIo1T r J- PAGE Ofd 309 E3 IMIT B Casefile WA-3106 August 8, 2006 . Page 9 of 13 state regulations for the critical groundwater area would ensure the protection of existing supplies of groundwater. Compliance With The Tigard Urban Planning Area Agreement Concurrent with consideration of the incorporation petition the County considered and adopted in Ordinance No. 666 amendments to Section IV of the Washington County-Tigard UPAA. The Tigard City Council is considering approval of the changes to the UPAA at its meeting on August 8, 2006. The City has indicated will approve the proposed amendments. With these amendments the UPAA recognizes the possibility of incorporating a new city in the Bull Mountain area and the need to amend the existing UPAA if a new city is formed. The amendment to the UPAA requires the County and Tigard to amend the UPAA's-Urban Planning Area Boundary to remove a new city and make any other necessary amendments to the UPAA to recognize the new city if the electors approve the incorporation. Specifically the amended UPAA Section IV.D. provides as follows: "In the event the urban unincorporated territory in the bull Mountain area is incorporated into a new city, the County and CITY will amend the language of the urban Planning area agreement and revise the Urban planning Area Boundary (Exhibit A) as may be necessary to exclude the newly incorporated city. " COMPLIANCE WITH THE TIGARD URBAN SERVICE AGREEMENT Concurrent with consideration of the incorporation petition, the County considered and adopted amendments to the Tigard Urban Service Agreement (TUSA). The other parties to the TUSA are considering approval of the changes to the TUSA and none have indicated they would adopt the proposed change. The City has indicated it will approve the proposed amendments on August 8, 2006. With these amendments, the TUSA recognizes the possibility of incorporating a new city in the Bull Mountain area and the need to amend the existing TUSA if a new city is formed. The amendment to the TUSA requires the parties to amend agreement to assure ongoing compliance with ORS 195. NO CITY OBJECTION The Board must reject the petition if two criteria are satisfied. First, a neighboring city objects, and second, the Board finds that the city will be adversely affected. The neighboring Cities of Tigard and Beaverton responded with concerns about the proposed incorporation, but neither City objected to the incorporation. Consequently, the Board is not required to terminate the incorporation proceedings. RESPONSE TO ISSUES RAISED Whether The Economic Feasibility Statement Was Prepared By The Chief Petitioners As Required With ORS 221.035 - Philip E. Decker argued that the petition is defective because the economic feasibility statement was not prepared by the Chief Petitioners and that defect is jurisdiction, i.e., the Board has no i authority to proceed with this incorporation process. EXHIBIT PAGE-14 Or--')) D 310 EXIIEBIT B Casefile WA-3106 August 8, 2006 Page 10 of 13 ORS 221.035 states in relevant part: "The economic feasibility statement shall be prepared by the persons designated as the chief petitioners and shall form the basis for the proposed permanent rate limit for operating taxes required by ORS 221.031(2). " This provision clearly states that the Chief Petitioners are responsible for preparing the EFS. Mr. Decker provides evidence and argument that because the Chief Petitioners were neither the authors nor directly or indirectly involved in preparation of the EFS, this petition proceeding is in violation of state law. While there is very little guidance in the election statutes or case law on this point, as a matter of construction courts will not adopt a narrow or technical construction of an elections statute that would otherwise frustrate the good faith attempts of the petitioners to comply with the statute. Election statutes are liberally construed so that people may have the opportunity of expressing their opinion concerning matters that are vital to their welfare. With this principles in mind a court may be more inclined to adopt the more liberal construction offered by Petitioners. In addition, under ORS 246,110 the Secretary of State of Oregon is the chief election officer of this state, and it is the Secretary's responsibility to obtain and maintain uniformity in the application, operation and interpretation of the election laws. After conferring with Brenda Bayes, Deputy Director of the Secretary of State Elections Division, her opinion is that as long as • the chief petitioners adopt the EFS, it doesn't matter who actually prepared it. This is in keeping with Petitioner's understanding of the law and County Counsel's understanding of how a court would apply the requirement of ORS 221.035 in this case. To the extent the answer to whether Petitioners satisfied ORS 221.035 is unclear, the more critical question is whether such a defect renders this proceeding invalid, i.e.,. that the Board loses jurisdiction over the petition. On this latter point Mr. Decker offers no legal analysis. Not all defects in the election process are fatal.. Where such a defect will have no practical effect on the outcome of the election such an oversight will not vitiate the result of an election. Those requirements that directly relate to the validity either of the signatures gathered on a petition or the vote cast at the election are significant violations of elections law that may either preclude an election on a particular measure or require overturning the vote. The EFS is not a requirement that was intended to preserve the sanctity of the election process. Although the EFS is required to be submitted with the petition it is not required to be circulated for purposes of collecting signatures. On balance the EFS requirement appears to be largely an informational pre-requisite as opposed to a requirement that relates to the validity of the elections process. Moreover the EFS itself is not a standard upon which the Board is required to evaluate approval or denial of the petition for incorporation. In this context it is unlikely that a reviewing court will find any defect in the preparation of the EFS to be fatal to Board's decision to approve the incorporation and require an election.. There is no express provision in the incorporation statutes that demands this dramatic result that would prevent the Board and the voters from deciding whether to incorporate. In the area of elections law, a court will often turn to a result that will protect rather than abrogate the right to vote. EXHBIT PAGE AS OF_-~& 311 Exmrr B Casefile WA-3106 August 8, 2006 Page 11 of 13 Whether The Petition Before The Board Is The One That Was Signed By The Electors Phillip Decker argued that the board lacked jurisdiction to consider the petition that _*as presented in the public notice because the description of the boundary in the EFS was revised on June 6 h after the petition was filed with the County on May 30, 2006. Specifically, Mr. Decker alleged that "the Petition before the board in this proceeding is not the same Petition that was signed by the electors. The documents required by state law and the Metro Code for purposes of proceeding with incorporation: 1. A "Prospective Petition" submitted by the Chief Petitioners on a form as proscribed by the Secretary of State. 2. For purposes of circulating the "Prospective Petition" for signatures, the signature sheet must have attached to it a map of the proposed city. 3. Metro Code §3.09.040(a)(2) requires a Petition for a Boundary Change to include a narrative, legal and graphical description of the proposed city. 4. The Economic Feasibility Statement required by ORS 221.035, which in this case also includes a description of the proposed boundary. The only document that is circulated for purposes of obtaining signatures is the Prospective Petition, the signature sheet and the attached map. Neither the Petition for Incorporation required by the Metro Code nor the EFS are required to be circulated with the petition. These documents were not considered by the electors for purposes of signing the signature sheets. As such the boundaries as depicted in the map attached to the signature sheets is the only controlling document for purposes of determining what boundary was approved by the electors- for purposes of collecting signatures. In considering the property that is depicted on the map, County staff specifically conferred with Chief Petitioners to assure that the Petition for Incorporation required by the Metro Code was consistent with the map approved by the electors. The Petition for Incorporation was revised to address staff s concerns and submitted on June 6, 2006. There is nothing under state law or the Metro Code that prohibit a modification to the Petition for Incorporation to assure consistency with the map required by state law. As a result, there is no defect in this proceeding because the proposed boundary for incorporation currently being considered by the Board is consistent with the map attached to the signatures sheets and circulated with the Prospective Petition. Mr. Decker's argument rests on the assumption that the description of the boundaries in the EFS is the boundary approved by the electors. Mr. Decker also concluded that the EFS was circulated for purposes of obtaining signatures. Mr. Decker further concluded that the petition for Incorporation subsequently filed to address concerns raised by staff was an attempt to amend the "Prospective Petition" circulated to the electors. Mr. Decker's conclusions are incorrect. As stated above, the EFS was never circulated to the voters. Nor was the modified Petition for Incorporation. EXHIBIT PAGE-21,2-_OF*2~6 312 EXHIBIT B Casefile WA-3106 August 8, 2006 Page 12 of 13 Mr. Decker further argued at the hearing on August 1, 2006 that ORS 221.031(3) requires the EFS to be available. However that provision applied only to territory proposed to be incorporation that is within the jurisdiction of a "local government boundary commission" and as such does not apply to this proceedings. As a final note, even assuming the current boundary includes any differences from the original map, this Board has the authority during the incorporation process to amend those boundaries as necessary to include or exclude property. Consequently, the Board is expressly authorized to approve a boundary different than the map that was originally considered by the electors. Whether There Be A Separate Or "Double Majority" Vote In Areas 1, 2 And 3 Of The Incorporation? At the hearings the Board had requests to have separate votes in subareas within the proposed incorporation. Under ORS 221.050(4), during a general election in an even numbered year the results of election favor incorporation if the majority of the votes cast are in favor of incorporation. ORS 221.050(4). This provision states in relevant part: "Not later than the 30 day after an election called under'ORS 221.040 the county court calling the election shall proclaim whether the results of the election favor incorporation. The county court also shall proclaim which candidates for city council are elected, if the results of the election favor incorporation. The results of the election favor incorporation if a majority of the votes cast on the proposition favors incorporation and. (a) At least 50 percent of registered electors eligible to vote in the election cast a ballot, or (b) The election is a general election in an even-numbered year. " The proposed election falls squarely within ORS 221 Z0(4)(b). There is nothing in state law that authorizes this Board to proclaim the results of the election using a double majority requirement. Doing so would violate the specific statutory provision governing election results and otherwise take away the right of the majority voters to decide this issue at a general election in an even-numbered year. The prudence of that policy choice is one for the Oregon State Legislature. Board May Not Modify Proposed Tax Rate State law requires the EFS to be the basis for the proposed permanent tax rate limit for operation taxes. The proposed tax rate was derived from the EFS and the EFS satisfied the requirements of ORS 221.034. The Board has no authority to alter the proposed tax rate because the permanent rate limit must be the rate included in the petition. Board May Not Change Name Of Proposed City During the public hearings the Board heard requests to change the name of the city. There is no authority expressly provided in state law to amend the name of the proposed city. ORS 221.031(2) expressly requires the petitioners to include a name for the propo§e city in the • petition itself. Although the Board is authorized to change the boundaries, the electors signed off EXHIBIT r7- PAGE OF-30 313 EXHIBIT B Casefile WA-3106 August 8, 2006 Page 13 of 13 on the posed name as well as the tax rate. To allow the Board to amend any or all of these requirements without any express authority would undermine the signature gathering process. MODIFICATIONS TO INCLUDE OR EXCLUDE PROPERTY Pursuant to ORS 221.040(2), a primary function of the Board in reviewing an incorporation proposal is to determine whether to exclude property that would not benefit from the new city or to include property that would be benefited by the proposed incorporation that was improperly omitted. It is not mandatory that the Board add property that would benefit. However, if property were included that would not benefit, that property must be excluded from the boundary. Finally, the Board may not exclude land from the proposed boundary that would be benefited. There is no definition of "benefit" under state or other law for purposes of adding or deleting properties. In making the benefit determination the Board exercised its discretion in interpreting and applying this term. The proposed city's east boundary abuts the City of Tigard west boundary and the proposed city's north boundary abuts the City of Beaverton south boundary. If the proposed city were formed one unincorporated tax lot would remain between the new city and Tigard (Tax Lot 2S 105DD00201). That property owner asked to be excluded from the proposed city boundary. The City of Tigard requested that the boundary be amended to exclude properties owned by the City of Tigard or that are likely to be purchased by the City for water or - • park services. These properties are located west of Sunrise Lane. Tigard also requested exclusion of privately owned properties so that the resulting boundaries between the two cities would be rational and follow streets and property lines with minimal 'regularities in the cities' boundaries. These properties are located on east, west and north sides of Sunrise Lane. Property owners of two of these asked to have their properties removed from the proposed city boundary. A third owner asked to be included in the proposed city. In other parts of the proposed city, several property owners also asked to have their properties removed from the proposed boundary. Almost all of these properties are located in Area 2. The Board determined that all the properties that were included in the original city boundary would benefit from being in the proposed city and therefore they could not be excluded. The Board also found that Tax Lot 2S 105DD00201 would benefit from being in the proposed city and added this property to the proposed boundary. The Board concluded these properties would benefit because they would be served by the city if incorporation occurs (e.g., police and planning services). Based on past annexations, the Board believed it was unlikely that the properties requested to be excluded from the boundary would annex to any city and need county services for an indefinite time. The Board concluded that leaving small pockets of unincorporated property between the two cities would not be in the best interests of the county, the new city or Tigard. The Board also concluded that the city -and the City of Tigard would be able to jointly coordinate the provision of water and park services to residents of both cities. wpshare\Bull Mt Board issuesUncorpmationUncoiporation Petition\Resoludon & F'mdings\EuhnbitB_E'mdings EXHIBIT 7 PAGE-.2 __$0f-56 314 Exhibit `C' Caption: Incorporate City of Bull Mountain and Adopt Permanent Rate Limit Question: Shall City of Bull Mountain be created with $2.84 operating taxes permanent rate limit per $1000 assessed valuation, starting 2007-2008? Statement: Creates new City of Bull Mountain. City will initially operate under state statutes. Initially, Washington County land use plans and regulations will apply, but not most other county ordinances. City will initially be governed by five-member council elected at this election. City voters may subsequently adopt home rule charter. City council may adopt City ordinances including City land use plans and regulations. City may levy property taxes up to $2.84 per $1000 assessed valuation without further voter approval. Petitioners' economic feasibility study concluded that this rate would generate operating tax revenues sufficient to support an adequate level of municipal services. County does not decide adequacy. If the full authorized tax rate is imposed, it would raise approximately $2,256,596.75 based on 2006 assessed valuation. City council will adopt a City budget and decide what services to provide. Special districts will continue to levy taxes or fees and provide water, sewer, fire protection, enhanced sheriff s patrol and local road maintenance. City council may withdraw from any or all of these districts and provide the services. EXNISIT PAGE a OF1)6 315 Exhibit `D' Explanatory Statement Measure would form a new city within Washington County for the unincorporated community on Bull Mountain. The measure was proposed through a petition signed by residents of the Bull Mountain area. The petition was considered and public input gathered at public hearings held by the Washington County Board of Commissioners. The Board of Commissioners ordered this election according to state law governing the formation of new cities. Formation of a city will create a local government with authority to make decisions on development and other local issues, subject to state, regional and federal laws and regulations. The city will have the right to take official positions and participate in many regional decisions. The new city will have a population of approximately 8,000 residents at the time of incorporation. It will cover about 1.7 square miles. This includes undeveloped property recently brought into the urban growth boundary. The new city council will decide which services the city will provide itself, contract with other government entities or private enterprise to provide, or continue to receive from special service districts. At least initially, existing special districts will continue to provide services and levy taxes or fees. These include enhanced sheriff s patrol, sanitary sewer, water, storm water management, fire, and local road maintenance services. The city council may choose to withdraw from one or more of.these districts and have the new city provide the services. The county will continue to issue.building permits unless the city council takes on that service. The city will initially be governed by a Ave-member City Council of local residents, elected by the residents of the new city. An election for these new councilors also appears on this ballot. The city will derive its authority from, and be governed by, Oregon constitutional and statutory law. If City voters adopt a home-rule charter the charter will specify the form of city government and other matters concerning the operation of the city. This measure authorizes a permanent tax rate limitation of $2.84 per $1,000 dollars of assessed value on real property located within the city, for the purpose of funding city operations. This permanent tax rate was developed and recommended in the findings of an Economic Feasibility Statement. The new city council will determine how much of the authorized permanent rate to levy, which cannot exceed the permanent tax-rate limitation unless the voters grant further approval. n EXHIBIT PAGE b& OF 5b 316 -ION COGy WASHINGTON COUNTY I %RTMENT OF LAND USE AND TRANSPORTATION. a~ vy a PLANNING DIVISION ROvaA 350-14 14 2006 3 j'~ 155 NORTH FIRST AVENUE HILLSBORO. OREGON 97124 (503) 846-3519 Fay - (503) 846-4412 _ OREG~~ NOTICE OF BOARD OF COMMISSIONERS' DECISION MAJOR BOUNDARY CHANGE PROPOSAL WA-3106: . On May 30, 2006, the Bull Mountain Residents for Incorporation filed a petition concerning the formation of the new city of Bull Mountain. The petition requests that the County approve the boundary for the proposed city of Bull Mountain (see map on back page) and place the incorporation on the November 7, 2006 General Election ballot. Notice is hereby given that the County Board of Commissioners APPROVED the request for the above- stated proposed Major Boundary Change at a meeting on August 8, 2006. The decision to incorporate the proposed City of Bull Mountain is subject to approval by the voters at the November 7, 2006 election. NOTICE MAILING DATE: August 11, 2006 The approved Major Boundary Change does not Only those parties who made an appearance of record authorize or prevent any specific use of land. Current (including submission of written comments or testimo- County planning designations will not be affected by ny) are entitled to file an appeal. 0 s proposed change. The decision approving the Major Boundary Change is Necessary Parties: effective as of August 8, 2006 and the decision will be This decision may be contested by a necessary party final if no contest or appeal is filed by their respective and a public hearing held by filing a notice of appeal due dates. in accordance with Metro Code Chapter 3.09.070 . within 10 calendar days of the date this notice was The complete application, review standards, record of mailed. A necessary party may not contest a bound- proceedings, findings for the decision and decision are ary change where the boundary change is explicitly available at the county for review. authorized by an Urban Services Agreement adopted pursuant to ORS 195.065. For further information, please contact:- . . Interested Parties: Paul Schaefer, Senior Planner This decision may be appealed to the Land Use WASHINGTON COUNTY Board of Appeals (LUBA) by filing a notice of intent DEPARTMENT OF LAND USE & TRANSPORTATION to appeal with LUBA within 21 days of the date this (503) 846-3519. decision is final. Contact your attorney if you have questions regarding an appeal to LUBA. IXHlBlT PAGE OFD See Map on Back Page 317 rr.i';. .'/Y: :e. 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T.;t,ff`k'g,~d~'=;~:i..,: it.+:. E t.•...J Intormratton . •r: :•C .1'w' 54lI' i,J'. Apr+:, 'Jt.'r~ ~ Ki •rdvte• .,I?I¢; t ?4.~'atl.i•. tt. 1 •3 dTw'y,i;; t1: T _ 9ytraa>t w 1 CERTIFICATE OF SERVICE 2 I certify that on September , 2006, I caused the attached DECLARATION OF 3 LAWRENCE R. DERR IN SUP ORT OF MOTION FOR PRELIMINARY RESTRAINING ORDER to be served by causing it to be hand delivered and addressed to 4 counsel for the parties as follows: 5 Timothy V. Ramis, Esq. Ramis Crew Corrigan LLP 6 1727 NW Hoyt Street Portland, OR 97209 7 JOSSELSON, PO R BERTS 8 / 9 By: Le e I. oberts, OSB #72214 10 awrence R. Derr, OSB #69041 Of Attorneys for Plaintiffs 11 12 13 104 15 16 17 18 19 20 21 22 23 24 25 W6 Page 1- CERTIFICATE OF SERVICE JOSSELSON, POTTER & ROBERTS 27 Attorneys at Law 425 N.W. 10m Avenue, Suite 306 28 Portland, OR 97209 Telephone: (503) 228-1455 319 2 3 4 IN THE CIRCUIT COURT OF THE STATE OF OREGON 5 FOR THE COUNTY OF WASHINGTON 6 KINTON FOWLER, an individual; RICHARD ) Case No. C062937CD FRANME, an individual; and LISA ) 7 HAMILTON-TREICK, an individual, ) 8 ) [PROPOSED] ORDER Plaintiffs, ) 9 ) VS. ) 10 ) CITY OF TIGARD, a municipal corporation, ) 11 ) Defendant. ) 12 ) Pursuant to ORCP 79 A (1)(a) and A(1) (b), and Supplemental Local Rules 5.061 and 1 5.051, it is: 15 ORDERED that Defendant appear and show cause why preliminary order should not be 16 allowed restraining the conduct of Defendant's annexation hearing until determination of the 17 merits of plaintiffs' claims be had, on September 25, 2006, in Room (to be assigned), before 18 Judge (to be assigned); and 19 ORDERED that security is not required for issuance of this order pursuant to ORCP 82 20 A(1) ftii), or in the alternative is set in the amount of $0 based on the lack of monetary damage 21 if the injunction is not well grounded, and upon the fact no attorney fees are allowable on the 22 claim 23 24 Date Circuit Court Judge 40 26 27 Page 1 -ORDER 320 9R I Submitted by: 3 Leslie M. Roberts Josselson, Potter &Roberts 4 Josselson, Potter & Roberts 425 NW 10`h Avenue, Suite 306 5 Portland, OR 97209 (503) 228-1455 6 7 8 9 10 11 12 13 0 15 16 17 18 19 20 21 22 23 24 5 27 IR Page 2 - ORDER 321 2 CERTIFICATE OF SERVICE I certify that on September / , 2006, I caused the attached [PROPOSED] ORDER to 3 be served by causing it to be hand delivered and addressed to counsel for the parties as follows: 4 Timothy V. Ramis, Esq. 5 Ramis Crew Corrigan LLP 1727 NW Hoyt Street 6 Portland, OR 97209 7 JOSSELSO & OBERTS 8 / By: 9 ; 96lie M. Roberts, OSB #72214 Lawrence R. Derr, OSB #69041 10 Of Attorneys for Plaintiffs 11 12 14 15 16 17 18 19 20 21 22 23 24 W 11 26 Page 1 - CERTIFICATE OF SERVICE JOSSELSON, MrTER & ROBERTS 27 Attorneys at Law 322 425 N.W. 10°i Avenue, Suite 306 28 Portland, OR 97209 Telephone: (503) 228-1455 DOR 34-P377-2006 Preliminary Review 40 REGON PARTMENT 4 REVENUE Cadastral Information Systems Unit PO Box 14380 Salem, OR 97309-5075 (503) 945-8297, fax 945-8737 City of Tigard 13125 S.W. Hall Blvd. Attn: Emily Eng Tigard, OR 97223 Date: 9/11/2006 This letter is to inform you that the map and description for your PLANNED annex to City of Tigard (ZCA2006-00002 Cach Creek) in Washington County have been reviewed per your request. They MEET the requirements for use with an Order, Ordinance, or Resolution which must be submitted in final form before March 31, 2007 per ORS 308.225. Revised description submitted on 917/2006 is acceptable. If you have any questions please contact: Carolyn Sunderman, 503-945-8882 323 A . CITY OF TIGARD A q. fr . COMMUNITY OREGON A MS 6605 SE Lake Road, Portland, OR 97222 • PO PUBLIC HEARING ITEM_ T Box 22109 • Portland, OR 97269 The following will be considered-by the Tigard City Council one Tuesday September 26. 2006 at 7:30 PM at the Tigard Civic;,'. Phone: 503-084-0360 Fax: 503-620-3433 C ,ter -Town Hall Room, 13125 SW Hall Boulevard, Tiga6 Email: legals@commnewspapers.com Or---goh 97221 Public oral or,written testimony is invited. The public hearing or- AFFI DAVIT OF PUBLICATION this matter with be held =under Title 18 and rules of AFFIDAVIT State of Oregon, County of Washington, SS adopted by. the Council and available at City Hall or the rules of procedure set forth in Section 18.390.060E. Further information,_may be obtained from the Planning Division`•" I, Charlotte Allsop, being the first duly sworn, (Staff contact: Emily Eng) at 13125 SW Hall Blvd., Tigard<,` depose and say that I am the Accounting Oregon 97223, or by calling at 503-639-4171. Manager of The Times (serving Tigard, ZONE CHANGE ANNEXATION (ZCA) 2006-00002 Tualatin & Sherwood), a newspaper of > CACH CREEK AREA ANNEXATION < r REQUEST- The applicant is requesting annexation. of eleve r. general circulation, published at Beaverton, in (I1) parcels containing 40.93 acres into the City, of Tigard J1; the aforesaid county and state, as defined by LOCATION: Abutting and west of Sunrise Lane, and abutting;: ORS 193.010 and 193.020, that and north of SW Bull. Mountain Road, including the right-of-wa3i1 on Sunrise Lane, from the intersection of Sunrise Lane and SWf-;' City of Tigard 147. Terrace westerly for approximately 1,200 feet and northerlyl.,j Public Hearing Item-Cach Creek for approximately 1,630 feet; Washington -County Tax Assessor's;i TT10857 Map No. (WCTM) 2S105DB, Tax Lots 6100, 6200 & 400a WCTM 2S108AB, Tax Lots 1200 & 1201; WCTM 2S105DC, T Lots 100, 201,300 & 400; and WCTM 2S 105DD, Tax Lots 200 a copy of which is hereto annexed, was 300. ZONE: R-7: Medium-Density Residential District. The published in the entire issue of said 7 zoning district is designed to accommodate-attached single-Fa m newspaper for ily homes, detached single-family homes with or without accesso 2 ry. residential units, at a minimum lot size of 5,000 square feet, an essive and consecutive weeks in the duplexes, at :a minimum lot size. of 10,000,,square feet: 'Mobi, ; home parks and subdivisions are also permitted outright. Some=;, Wowing issues civic and institutional uses are also permitted conditionally September 7, 2006 APPLICABLE REVIEW CRITERIA: The approval standards September 14, 2006 for annexations are described in Community Development Coda' Chapters 18.320 and 18.390, Comprehensive Plan Policies 2,04h" 10; ORS Chaptq 222; and Metro Code Chapter 3.09. ALL DOCUMENTS _AND APPLICABLE CRITERIA IN TH)L`:. ABOVE-NOTED: FILE=ARE AVAILABLE FOR INSPECT[. Charlotte Allsop (Accounting Mana er) AT NO COST OR'COPIES CAN BE OBTAINED FOR TWENr TY-FIVE CENTS: (250). PER PAGE, OR THE CURRENT RAT A CHARGED FOR COPIES AT THE TIME OF THE REQUES i September 14, 2006 AT LEAST FIFTEEN. (15) DAYS PRIOR TO THE HEARIN COPY OF THE STAFF REPORT WILL-BE AVAILABLE FORS INSPECTION AT NO COST, OR A COPY CAN BE OBTAINED FOR TWENTY FIVE CENTS (25¢) PER PAGE, OR THE CUBA RENT RATE CHARGEDTOR COPIES AT THE TIME OF THEE NOTAR PUBLIC FOR OREGON REQUEST. INFORMATION-IS ALSO AVAILABLE BY COhf~ My commission expires TACTING THE, STAFF CONTACTS LISTED ABOVE. Putilis I `7 9J7, 9/14/2006 TT 10857: Acct #10093001 Patricia Lunsford OFFICIAL SEAL ~ , -r-~; ; ' • s, City of Tigard SUZETTE 1 CURRAN NOTARY PUBLIC-OREGON 13125 SW Hall Blvd. COMMISSION NO. 373063 Tigard, OR 97223 W COMMISSION EXPIRES NOV. 28.2007 . Size:2 x 10.75 Amount Due $359.05 ! p` ="_>rr 'Remit to address above i S 41 :r -fir 324 } Y,OR 34-P377-2006 Preliminary Review OREGON DEPARTMENT 4 (WOF REVENUE Cadastral Information Systems Unit PO Box 14380 Salem, OR 97309-5075 (503) 945-8297, fax 945-8737 City of Tigard 13125 S.W. Hall Blvd. Attn: Emily Eng Tigard, OR 97223 Date: 9/1/2006 This letter is to inform you that the map and description for your PLANNED annex to City of Tigard (ZCA2006-00002 Cach Creek) in Washington County have been reviewed per your request. They MEET the requirements for use with an Order, Ordinance, or Resolution which must be submitted in final form before March 31, 2007 per ORS 308.225. If you have any questions please contact: Carolyn Sunderman, 503-945-8882 325 August 24, 2006 . CITY OF TIGARD OREGON Arthur and Claudia Townsend 15110 SW Sunrise Lane Tigard, OR 97223 RE: Cach Creek Area Annexation Dear Mr. and Mrs. Townsend: The City has received your petition for annexation to the City of Tigard. Regarding recent changes that may affect your petition, please call me at (503) 718-2712. Sincerely, . Emily Eng . Assistant Planner c: ZCA2006-00002 Land use file 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 TDD (503) 684-2772 326 • August 22, 2006 CITY OF TIGARD OREGON Carolyn Sunderman Department of Revenue Cadastral Information Systems Unit PO Box 14380 Salem, OR 97309 RE: Request for Review of Revised Legal Description and Exhibit for Proposed Annexation (ZCA2006-00002). Dear Ms. Sunderman: Enclosed, please find the revised contiguous legal description and tax maps for the proposed Cach Creek Area Annexation located along SW Sunrise Lane adjacent to the City of Tigard. • Please review this information and respond with any changes that will need to be made prior to the annexation. Please send any correspondence regarding these legal descriptions to my attention. Thank you for your time. If you have any questions or comments, please contact me at (503) 718-2712 or Emil d-or.gov. Sincerely, Emily ng Assistant Planner Enclosures: Tax map(s), legal description • 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 TDD (503) 684-2772 327 Low OMCES Of JOSSEMN, POTTER & RObERTS RECEIVED • THE GREGORY • SuiTE 306 3 ~ 425 NW 10tH AVENUE PORdmd, OREGON 97209 AUG 2 2 2006 TftkoNE: (503) 22&1455 RAMIS CREW CORRIGAN, LLP ATTORNEYS AT LAW August 21, 2006 Timothy V. Ramis, Esq. Ramis Crew Corrigan LLP 1727 NW Hoyt Street Portland, OR 97209 Re: Kinton Fowler, et al. v. City of Tigard Washington County Circuit Court Case No. C062937CD Dear Tim: Enclosed is service copy of the Summons and Complaint in the above-captioned matter and an Acceptance of Service. I talked with Gary Firestone last week about preparing an Acceptance of Service for your signature. Please return the Acceptance of Service to me or call if there is any difficultly. • Thank you for your cooperation in minimizing the expense to all parties. Very truly yours, Lawrence R. D cc: Clients LAWRENCE R. DERR 328 FAcSimitr (503) 228-0171 OF COUNSEL E-MAIL' 1P In the Circuit Court of the State of Oregon For the County of Washington KINTON FOWLER, et al., ) Plaintiffs, ) VS.* ) Case No. C062937CD SUMMONS CITY OF TIGARD, ) Defendant. ) CITY OF TIGARD, clo Timothy V. Ramis, Esq., Ramis Crew Corrigan LLP, 1727 NW Hoyt Street, Portland, OR 97209. You are hereby required to appear and defend the complaint filed against you in the above entitled action within thirty (30) days from the date of service of this summons upon you, and in the case of "your failure to do so, for want thereof, plaintiff(s) will apply to the court for the relief demanded in the complaint. NOTICE TO THE DEFENDANT READ THESE PAPERS CAREFULLY. NA RE OF ATTORNEY/AUTAOB R AINTIFF You must 'appear' in this case or the other side will win automatically. To Lawrence R. Derr, OSB# 69041 'Appear' you must file with the court a legal paper called a 'motion' or ATTORNEYS/AUTHOR'S NAME (TYPED OR PRINTED) BAR NO.(IFANY) .answer.' The 'motion* or 'answer' must be given to the court clerk or Josselson Potter & Roberts administrator within 30 days along with the required filing fee. It must be in proper form and have proof of service on the plaintiffs aaonrey or, if the 425 NW 10' Avenue, Suite 306 plaintiff does not have an attorney, proof of service upon the plaintiff: If you have any questions, you should see an attorney immediately. If you Portland, OR 97209 need help in finding an attorney, you may call the Oregon State Bar's Lawyer ADDRESS Referral Service at (503) 684-3763 or toll free in Oregon at (800) 42S-7636. Portland Oregon 97205 (503) 224-5560 CITY STATE ZIP PHONE Leslie M. Roberts, OSBN 72214 TRIAL ATTORNEY IF OTHER THAN ABOVE (TYPED OR PRINTED)BAR NO. STATE OF OREGON, County of Multnomah )SS. I, the undersigned attorney of record for the plaintiff, certify that the foregoing is an exact at ad cons plete copy of the original summons in the above entitled action. A EY OF RECORD FOR PLAINT IFF(S TO THE OFFICER OR OTHER PERSON SERVING THIS SUMMONS. You are hereby directed to serve a true copy of this summons, together with a true copy of the complaint mentioned therein, upon the individual(s) or other legal entity(ies) to whom or which this summons is directed, and to make your proof of service on the reverse hereof or upon a separate similar document which you shall attach hereto. Josselson, Potter & Roberts 425 NW 10' Avenue, Suite 306 Portland, OR 97209 (503) 228-1455 ATTORNEY(S) FOR PLAINTIFF(S) Page I - SUMMONS 329 2 3 4 5 6 IN THE CIRCUIT COURT OF THE STATE OF OREGON 7 FOR THE COUNTY OF WASHINGTON 8 KINTON FOWLER, an individual; RICHARD ) Case No. G p (p 99 37 U) FRANZKE, an individual; and LISA ) 9 HAMILTON-TREICK, an individual, ) COMPLAINT 10 ) (Action for Declaration of Rights; Plaintiffs, ) Preliminary and Permanent Injunction) 11 ) VS. ) 12 ) CITY OF TIGARD, a municipal corporation, ) Defendant. ) 3 ) 14 ) 15 1. 16 Plaintiffs, Kinton Fowler, Richard Franzke, and Lisa Hamilton-Treick (hereinafter 17 "Plaintiffs"), are natural persons, residents and property owners in the area to be incorporated as 18 City of Bull Mountain (hereinafter "Bull Mountain'), upon the successful completion of 19 proceedings commenced as described below, and the chief petitioners for the incorporation of. 20 City of Bull Mountain pursuant to ORS 221.005 to 221.106. 21 2. 22 Defendant City of Tigard ("Tigard") is a city incorporated within Washington County. 23 24 • 25, 26 Page 1 - COMPLAINT JOSSELSON, POTTER & ROBERTS 27 Attorneys at Law 425 N.W. 10'h Avenue, Suite 306 28 Portland, OR 97209 Telephone: (503) 228-1455 330 • 3. 2 Signed petitions for the incorporation of Bull Mountain were duly filed with Washington 3 County Board of Commissioners on May 30, 2006, pursuant to ORS 221.040. 4 4. 5 Washington County Board of Commissioners ordered notice of hearings on the petition to 6 be held on July 25, 2006, August 1, 2006, and August 8, 2006. 7 5. 8 On August 8, 2006, the Washington County Board of Commissioners by resolution and 9 order, placed the petition for incorporation on the November 7, 2006 general election ballot, for 10 approval with boundaries of Bull Mountain as proposed by the petition and adjusted by the 11 Washington County Board of Commissioners. 12 6. On August 7, 2006, and with full knowledge of the commencement of incorporation 14 proceedings as alleged in paragraphs 2 through 4, and the scheduling of the August 8, 2006 15 hearing, and the expected approval for the ballot which in fact took place the following day, 16 Tigard mailed notice of a hearing to be held September 26, 2006, on the proposed annexation to 17 Tigard, of property either completely or substantially completely within the proposed new City of 18 Bull Mountain. 19 7. 20 Pursuant to Oregon law, that body which first institutes proceedings to annex territory, or 21 to incorporate that territory, within a city gains exclusive jurisdiction of the subject matter of 22 annexation or incorporation of that territory; and pursuant to this principle, the incorporation 23 procedure described above, and initiated by petition to the Washington County Board of 24 Commissioners, was the proceeding with exclusive jurisdiction of the territory involved in the • 25 26 Page 2 -COMPLAINT JOSSELSON, POTTER & ROBERTS 27 Attorneys at Law 425 N.W. 10`x' Avenue, Suite 306 331 Portland, OR 97209 28 Telephone: (503) 228-1455 incorporation, and Tigard has no jurisdiction to entertain annexation proceedings within the area 2 that is the subject matter of incorporation to be on the ballot in the November 2006 general 3 election. Tigard's proposed hearing and proposed annexation is void and can have no valid 4 impact on the Bull Mountain incorporation proceeding. Tigard has no authority to go forward 5 with its annexation proceedings. 6 8. 7 If Tigard goes forward with its annexation proposal, Tigard's procedure is likely to affect 8 the'incorporation election in November, by yielding confusion in the minds of prospective voters 9 whether the incorporation election or the annexation proceeding will determine the status of the 10 proposed annexation territory, and prospective voters are likely to be deterred from voting on this 11 measure. If this occurs, the damage will occur principally on election day itself, and too late to 12 respond to it, and the Plaintiffs and voters who, like Plaintiffs, seek to incorporate will suffer irreparable damage. 14 9. 15 If Tigard goes forward to approve its annexation proposal, it will exercise de facto 16 authority over the territory before a successful incorporation election. The only remedy to 17 overturn the election may be a quo warranto action, which Plaintiffs would be unable to initiate 18 and hence Plaintiffs would be without a remedy for the illegal and improper assertion by Tigard 19 of jurisdiction to annex. 20 10. 21 A dispute exists between Plaintiffs and Tigard, which requires a determination by the 22 court, and no adequate remedy at law exists to vindicate Plaintiffs' rights in the matter. The 23 court should assume jurisdiction, and declare the rights of the parties: that Tigard is without 24 • 25 26 Page 3 -COMPLAINT JOSSELSON, POTTER & ROBERTS Attorneys at Law 27 425 N.W. 10`h Avenue, Suite 306 Portland, OR 97209 332 28 Telephone: (503) 228-1455 jurisdiction to proceed with annexation of the area within the proposed Bull Mountain, until and 2 unless the incorporation election fails; and any such action is void and of no force or effect. 3 11. 4 In bringing and prosecuting this action, Plaintiffs act for the public benefit, and not for 5 their personal and private benefit aside from the public interest, and vindicate an important 6 public right, that is, the right to vote on the proposal to incorporate. In exercise of its equitable 7 powers, the court should grant to Plaintiffs and against Tigard, judgment for Plaintiffs' 8 reasonable attorney fees incurred in this action. 9 SECOND CLAIM FOR RELIEF 10 TEMPORARY AND PERMANENT INJUNCTION 11 12. 12 Plaintiffs reallege the allegations of paragraphs 1 through 11, above. #3 13. 14 If Tigard proceeds to consider and to approve annexation of the property within the 15 proposed city, Plaintiffs will suffer irreparable harm in the respect stated in paragraphs 8 and 9, 16 above. The court should grant a temporary, and a permanent injunction prohibiting Tigard from 17 further process of annexation of any property within the area of the proposed Bull Mountain, I 18 unless and until the defeat of the incorporation proposal at the election, November 7, 2006. 19 WHEREFORE, Plaintiffs ask for a judgment declaring the rights of the parties as alleged 20 in paragraph 10, and granting a temporary and permanent injunction as described in paragraph 21 22 23 24 • 25 26 Page 4 -COMPLAINT JOSSELSON, POTTER & ROBERTS Attorneys at Law 27 425 N.W. 10th Avenue, Suite 306 Portland, OR 97209 333 21 Telephone: (503) 228-1455 • 13, above, and for their costs and reasonable disbursements incurred herein, and their reasonable 2 attorney fees. 3 DATED: August 21, 2006. 4 JOSSELSON, POTTER & ROBERTS 5 6 B La rence R. Derr, OSB #69041 7 Leslie M. Roberts, OSB #72214 Of Attorneys for Plaintiffs 8 9 10 11 12 ~3 14 15 16 17 18 19 20 21 22 23 24 25 26 Page 5 -COMPLAINT JOSSELSON, POTTER & ROBERTS 27 Attorneys at Law 425 N.W. Wh Avenue, Suite 306 334 28 Portland, OR 97209 Telephone: (503) 228-1455 JOR 34-P377-2006 Preliminary Review i OREGON DEPARTMENT (W0 F REVENUE Cadastral Information Systems Unit PO Box 14380 Salem, OR 97309-5075 (503) 945-8297, fax 945-8737 City of Tigard 13125 S.W. Hall Blvd. Attn: Emily Eng Tigard, OR 97223 Date: 8/21/2006 This letter is to inform you that the map and description for your PLANNED annex to City of Tigard (ZCA2006-00002 Cach Creek) in Washington County have been reviewed per your request. They DO NOT MEET the requirements for use with an Order, Ordinance, or Resolution in accordance ORS 308.225. . Please submit one contiguous description for this annexation as stated in ORS 308.225(b)(A). If you have any questions please contact: Carolyn Sunderman, 503-945-8882 335 August 16, 2006 CITY OF TIGARD OREGON Carolyn Sunderman Department of Revenue Cadastral Information Systems Unit PO Box 14380 Salem, OR 97309 RE: Request for Review of Legal Description and Exhibit for Proposed Annexation (ZCA2006-00002). Dear Ms. Sunderman: Enclosed, please find the legal description and tax map for the proposed Cach Creek Area Annexation located along SW Sunrise Lane adjacent to the City of Tigard. • Please review this information and respond with any changes that will need to be made prior to the annexation. Please send any correspondence regarding these legal descriptions to my attention. Thank you for your time. If you have any questions or comments, please contact me at (503) 718-2712 or Emily@d ard-or.gov. Sincerely, Emily Eng Assistant Planner Enclosures: Tax map(s), legal description • 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 TDD (503) 684-2772 336 PUBLIC; HEARING NOTICE & REQUEST FOR COMMENTS ' NOTICE IS HEREBY GIVEN THAT THE TIGARD CITY COUNCIL, AT A MEETING ON TUESDAY SEPTEMBER 26, 2006 AT 7:30 PM, IN THE TO~C/N HALL OF THE TIGARD CIVIC CENTER, 13125 SW HALL BOULEVARD, TIGARD, OREGON 97223 WILL HOLD A PUBLIC HEARING TO CONSIDER THE FOLLOWING APPLICATION: DATE: August 11, 2006 TO: Lynn Smith, Qwest Engineering right-of-way Manager AUG 17 2006 FROM: City of Tigard Planning Division CITY OF TIGARD STAFF CONTACT: Emily Eng, Assistant Planner (x2712) Phone: (503) 639-4171 Fax: (503) 624-3681 Email: Emilygtigard-or. gov ZONE CHANGE ANNEXATION (ZCA) 2006-00002 ➢ CACH CREEK AREA ANNEXATION < REQUEST: The applicant is requesting annexation of twelve (12) parcels containing 41.41 acres into the City of Tigard. LOCATION: Abutting and west of Sunrise Lane, and abutting and north of SW Bull Mountain Road, including the right-of- way on Sunrise Lane, from the intersection of Sunrise Lane and SW 147th Terrace westerly for approximately 1,200 feet and northerly for approximately 1,630 feet; Washington County Tax Assessor's Map No. (WCTM) 2S105DB, Tax Lots 6100, 6200 & 400; WCTM 2S105CD, Tax Lot 100; WCTM 2S108AB, Tax Lots 1200 & 1201; WCTM 2S105DC, Tax Lots 100, 200, 300 & 400; and WCTM 2S105DD, Tax Lots 200 & 300. ZONE: R-7: Medium-Density Residential District. The R-7 zoning district is designed to accommodate attached single-family homes, detached single-family homes with or without accessory residential *subdivisions s, at a minimum lot size of 5,000 square feet, and duplexes, at a minimum lot size of 10,000 square feet. Mobile home parks are also permitted outright. Some civic and institutional uses are also permitted conditionally. APPLICABLE REVIEW CRITERIA: The approval standards for annexations are described in Community Development Code Chapters 18.320 and 18.390, Comprehensive Plan Policies 2 and 10; ORS Chapter 222; and Metro Code Chapter 3.09. ALL DOCUMENTS AND APPLICABLE CRITERIA IN THE ABOVE-NOTED FILE ARE AVAILABLE FOR INSPECTION AT NO COST OR COPIES CAN BE OBTAINED FOR TWENTY-FIVE CENTS (256) PER PAGE, OR THE CURRENT RATE CHARGED FOR COPIES AT THE TIME OF THE REQUEST. AT LEAST FIFTEEN (15) DAYS PRIOR TO THE HEARING, A COPY OF THE STAFF REPORT WILL BE AVAILABLE FOR INSPECTION AT NO COST, OR A COPY CAN BE OBTAINED FOR TWENTY-FIVE CENTS (25fi) PER PAGE, OR THE CURRENT RATE CHARGED FOR COPIES AT THE TIME OF THE REQUEST. INFORMATION IS ALSO AVAILABLE BY CONTACTING THE STAFF CONTACTS LISTED ABOVE. Attached is the Vicinity Map for your review. FOR CITY DEPARTMENTS OR AGENCIES THAT PROVIDE PUBLIC SERVICES, YOU MAY BE CONTACTED FOR ADDITIONAL INFORMATION. From information supplied by various departments and agencies and from other information available to our staff a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, WE NEED YOUR COMMENTS BACK BY: AUGUST 25, 2006. You may use the space provided below or attach a separate letter to return your comments. If you are unable to respond by the above date, please phone the staff contact noted above with your comments and confirm your comments in writing as soon as possible. If you have any questions, contact the Tigard Planning Division, 13125 SW Hall Boulevard, Tigard, OR 97223. PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: We have reviewed the proposal and have no objections to it. ,eX Please contact of our office. _ Please refer to the enclosed letter or emaiL Written comments provided below. ANIL Name & Number of Person Commentinir- Z~ 337 i Tualatin Valley RECEIVED Fire & Rescue AUG 2 1 zoos CITY OF TiGARD PLANNING/ENGINEERING August 21, 2006 Emily Eng, Assistant Planner City of Tigard Planning Division 13125 SW Hall Boulevard Tigard, OR 97223 Re: Cach Creek Area Annexation ZCA 2006-00002 Dear Emily, The fire district has no comments or conditions regarding this proposal insofar as fire apparatus access and firefighting water supplies are concerned. • Sincerely, cc p0/ d'I. -A/ 2'lb y John K. Dalby, Deputy Fire Marshal II Tualatin Valley Fire & Rescue, North Division 14480 SW Jenkins Road Beaverton, OR 97005-1152 (503) 356-4723 North Division Office 338 14480 SW Jenkins Road, Beaverton, OR 97005 Phone: 503-356-4700 Fax: 503-6442214 www.tvfr.com Emily fn.: Cach Page 1 • From: "DeAngelis, Kevin J." <DeAngelisKJ@bv.com> To: <emily@tigard-or.gov> Date: 8/17/2006 2:52:17 PM Subject: Cach Creek Annexation Dear Ms. Eng: Recently, I received a notice in the mail regarding the Cach Creek public hearing to be held on Sept. 26. A recent article in the Tigard Times stated that property owners whose parcels border on the proposed area to be annexed were sent these notices. The article also said that these property owners may petition the city to be included in the annexation, should it be approved. Our property at 15286 SW Firtree Dr. does not appear to be contiguous with the proposed annexation area, as shown on the notice. However, we are definitely interested in being annexed to Tigard. Could you please let me know if we are among those who may petition for inclusion? Regards, Kevin De Angelis • 339 Page 1 of 1 Emily Eng - file #2006-00002 From: "Michael Orth morth2526(@hotmail.com> To: <emily@tigard-or.gov> Date: 8/13/2006 3:59 PM Subject: file #2006-00002 We both oppose the annexation of the cach creek area into the city of tigard prior to the vote for the incorporation of the city of bull mountain on Nov.7, 2006. Any and all land use changes within the proposed city of bull mountain should be put on hold until at least Nov.7, 2006. Michael and MaryAnn Orth 14533 SW Nemarnik Dr. Tigard, OR 97224 503-590-32787 Got something to buy, sell or swap? Try Windows Live Expo 340 file://CADocuments and Settings\emily.000\Local Settings\Temp\GW)00002.HTM 8/14/2006 Emily_Eng _ RE Annexation notice _ Page 1 From: "Clare Zickuhe' <care@continentalhomemortgage.com> To: "Emily Eng" <Emily@tigard-or.gov> Date: 8/11/2006 8:57:08 AM Subject: RE: Annexation notice Emily, 15605 SW Roshak Road. I have 300 feet or so adjoining the Brentwood property. Thanks, Clare Zickuhr From: Emily Eng (mailto:Emily@tigard-or.gov) Sent: Friday, August 11, 2006 8:30 AM To: Clare Zickuhr Subject: Re: Annexation notice Clare, Thank you for responding. First, what is your address? I can begin to answer your questions from there. -Emily Emily Eng Assistant Planner City of Tigard Community Development 13125 SW Hall Blvd. Tigard, OR 97223 www.ci.tigard.or.us T: (503) 718-2712 F: (501) 598-1960 "Clare Zickuhe' <clare@continentalhomemortgage.com> 08/10 7:00 PM Emily, I own a parcel adjoining the proposed Cach Creek annexation area. Reading the annexation notice I received makes no mention of the possibility that I might be able to ask for my property to be included in the proposed annexation area. Reading an article in the Tigard Times makes that point. First, I'd like to know which is correct. Second, whom can I correspond or speak with to accurately assess the impacts of being a part of the annexed area versus not. Thanks, - / 341 Emil Eng RE: Annexation notice page 2 Clare Zickuhr direct 503.720.3241 clare@zickuhr.com <mailto:clare@zickuhr.comoffice> 342 _y g - Cach Creek Area Annexation Page 1 From: "susan tiedemann" <susantmann7@msn.com> To: <Emily@tigard-or.gov> Date: 8/10/2006 6:32:15 PM Subject: Cach Creek Area Annexation Hello Emily, Could you please let me know how many pages "all documents and applicable criteria" and "the staff report include"? Thank you Susan Tiedemann Is your PC infected? Get a FREE online computer virus scan from McAfee@ Security. http://clinic.mcafee.com/clinic/ibuy/campaign.asp?cid=3963 • 343 PUBLIC HEARING NOTi CE & = is REQUEST FOR COMMENTS NOTICE IS HEREBY GIVEN THAT THE TIGARD CITY COUNCIL, AT A MEETING ON TUESDAY SEPTEMBER 26. 2006 AT 7:30 PM, IN THE TOWN HALL OF THE TIGARD CIVIC CENTER, 13125 SW HALL BOULEVARD, TIGARD, OREGON 97223 WILL HOLD A PUBLIC HEARING TO CONSIDER THE FOLLOWING APPLICATION: DATE: August 11, 2006 TO: PER ATTACHED FROM: City of Tigard Planning Division STAFF CONTACT: Emily Eng. Assistant Planner (x2712), Phone: (503) 639-4171 Fax: (503) 624-3681 Email: Emily@a tgard-or.gov ZONE CHANGE ANNEXATION (ZCA) 2006-00002 ➢ CACH CREEK AREA ANNEXATION< REQUEST: The applicant is requesting annexation of twelve (12) parcels containing 41.41 acres into the City of Tigard. LOCATION: Abutting and west of Sunrise Lane, and abutting and north of SW Bull Mountain Road, including the right-of- way on Sunrise Lane, from the intersection of Sunrise Lane and SW 147th Terrace westerly for approximately 1,200 feet and northerly for approximately 1,630 feet; Washington County Tax Assessor's Map No. (WCTM) 2S105DB, Tax Lots 6100, 6200 & 400; WCTM 2S105CD, Tax Lot 100; WCTM 2S108AB, Tax Lots 1200 & 1201; WCTM 2S105DC, Tax Lots 100, 200, 300 & 400; and WCTM 2S105DD, Tax Lots 200 & 300. ZONE: R-7: Medium-Density Residential District. The R-7 zoning district digned to accommodate attached single-family homes, detached single-family homes with or without accessory residential ICtes, at a minimum lot size of 5,000 square feet, and duplexes, at a minimum lot size of 10,000 square feet. Mobile home parks subdivisions are also permitted d outright. Some civic and institutional uses are also permitted conditionally. APPLICABLE REVIEW CRITERIA: The approval standards for annexations are described in Community Development Code Chapters 18.320 and 18.390, Comprehensive Plan Policies 2 and 10; ORS Chapter 222; and Metro Code Chapter 3.09. ALL DOCUMENTS AND APPLICABLE CRITERIA IN THE ABOVE-NOTED FILE ARE AVAILABLE FOR INSPECTION AT NO COST OR COPIES CAN BE OBTAINED FOR TWENTY-FIVE CENTS (25C) PER PAGE, OR THE CURRENT RATE CHARGED FOR COPIES AT THE TIME OF THE REQUEST. AT LEAST FIFTEEN (15) DAYS PRIOR TO THE HEARING, A COPY OF THE STAFF REPORT WILL BE AVAILABLE FOR INSPECTION AT NO COST, OR A COPY CAN BE OBTAINED FOR TWENTY-FIVE CENTS (25C) PER PAGE, OR THE CURRENT RATE CHARGED FOR COPIES AT THE T11ME OF THE REQUEST. INFORMATION IS ALSO AVAILABLE BY CONTACTING THE STAFF CONTACT'S LISTED ABOVE. Attached is the Vicinity Map for your review. FOR CITY DEPARTMENTS OR AGENCIES THAT PROVIDE PUBLIC SERVICES, YOU MAY BE CONTACTED FOR ADDITIONAL INFORMATION. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, WE NEED YOUR COMMENTS~BACK BY: AUGUST 25, 2006. You may use the space provided below or attach a separate letter to return your comments. If you are unable to respond by the above date, please phone the staff contact noted above with your comments and confirm your comments in writing as soon as possible. If you have any questions, contact the Tigard Planning Division, 13125 SW Hall Boulevard, Tigard, OR 97223. PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: We have reviewed the proposal and have no objections to it. Please contact of our office. Please refer to the enclosed letter or email. _ Written comments provided below. Name & Number of Person Commenting. 344 CITY OF TIGARD REQUEST V Z COMMENTS NOTIFKATION LIST FOR LAND USE & COMMUNITY ut1lELOPMENT APPLICATIONS n FILE NOS.: ZC-A. ~-cx~c3 p FILE NAME: ol%CV CITIZEN INVOLVEMENTTEAMS 14-DAY PENDING APPLICATION NOTICE TO INTERESTED PARTIES OF AREA: []Central []East []South *est CITY OFFICES _ LONG RANGE PLANNINGBarbara Shields, Planning Mgr. COMMUNITY DVLPMNT. DEPTJPlanning-Engineering Techs. XPOLICE DEPTJJim Wolf, Crime Prevention Officer _ BUILDING DIVISION/Mark (residential) Brian (commercial) ENGINEERING DEPTJKim McMillan, Dvlpmnt Review Engineer _ PUBLIC WORKS/Matt Stine. Urban Forester _ CITY ADMINISTRATIOWCathy Wheatley, City Recorder PUBLIC WORKS/Rob Murchison, Project Engineer _ PLANNING COMMISSION (+11 sets) PLANNER - POST PROJECT SITE 10 BUSINESS DAYS PRI61 TO A PUBLIC HEARINGI _ HEARINGS OFFICER (+2 sets) SPECIAL DISTRICTS n TUAL HILLS PARK & REC. DIST.** TUALATIN VALLEY FIRE & RESCUE _ TUALATIN VALLEY WATER DISTRICT XCLEANWATER SERVICES Planning Manager North Division Administrative Office Lee Walker/SWM Program 15707 SW Walker Road John K. Dalby, Deputy Fire Marshall PO Box 745 155 N. First Avenue Beaverton, OR 97006 14480 SW Jenkins Road Beaverton, OR 97075 Hillsboro, OR 97124 Beaverton, OR 97005-1152 LOCAL AND STATE JURISDICTIONS CITY OF BEAVERTON _ CITY OF TUALATIN _ OR. DEPT. OF FISH & WILDLIFE _ OR. DN. OF STATE LANDS _ Planning Manager Planning Manager Devin Simmons, Habitat Biologist Melinda Wood (muN Fom, R,hd) _ Steven Sparks, oar. s~. uwk-.w 18880 SW Martinazzi Avenue North Willamette Watershed District 775 Summer Street NE, Suite 100 PO Box 4755 Tualatin, OR 97062 18330 NW Sauvie Island Road Salem, OR 97301-1279 Beaverton, OR 97076 Portland, OR 97231 _ OR. PUB. UTILITIES COMM. METRO - LAND USE & PLANNING _ OR. DEPT. OF GEO. & MINERAL IND. 550 Capitol Street NE _ CITY OF DURHAM 600 NE Grand Avenue 800 NE Oregon Street, Suite 5 Salem, OR 97310-1380 City Manager Portland. OR 97232-2736 Portland, OR 97232 17160 SW Upper Boones Fry. Rd. Bob Knight, .R..cecente.(m,) _ US ARMY CORPS. OF ENG. Durham, OR 97224 _ Paulette Allen, Growth Waiagernent Coar6naw _ OR. DEPT. OF LAND CONSERV.& DVLP. Kathryn Harris (mm & cws ran.. only) _ Mel Huie, Gmenspaoas cooc.wo, (CPAizoA) Larry French (c w. Pian Ame wments only) Routing CENWP-OP-G F ITY OF KING CITY _ Jennifer Budhabhatti, R.*rw Plainer (weuands) 635 Capitol Street NE, Suite 150 PO Box 2946 ity Manager _ C.D. Manager, Growth btanagvm tswvims Salem, OR 97301-2540 Portland, OR 97208-2946 5300 SW 116th Avenue King City, OR 97224 WASHINGTON COUNTY _ OR. DEPT. OF ENERGY (aowawies in Area) _ OR. DEPT OF AVIATION (monovw.T--) Dept. of Land Use & Transp. Bonneville Power Administration Tom Highland, Pw,,irg 155 N. First Avenue _ CITY OF LAKE OSWEGO Routing TTRC - Attn: Renae Ferrera 3040 25th Street, SE Suite 350, MS 13 Planning Director PO Box 3621 Salem, OR 97310 Hillsboro. OR 97124 PO Box 369 Portland, OR 97208-3621 _ Steve Conway(oa wApin.) Lake Oswego, OR 97034 _ Gregg Leion (cPA) _ ORDEPT.OF ENVIRON.QUAUTY (DEQ) ODOT, REGION 1 Brent Curtis (cPA) _ CITY OF PORTLAND (Notify for wananas MW Poralual Envy nentai Unpacts) _ Grant Robinson, Development Review co.tkist. Doria Mateja (ZCA) US 14 Planning Bureau Director Regional Administrator _ Carl Tortand, Right-of-Way Section (vacations) _ Sr.Cartographer apAarw)Ns u 1900 SW 4`h Avenue, Suite 4100 2020 SW Fourth Avenue, Suite 400 123 NW Flanders Jim Nims, sarreyorac ms is Portland, OR 97201 Portland, OR 97201-4987 Portland, OR 97209-4037 _ WA.CO.CONSOL COMMAGNCY _ ODOT, REGION 1 - DISTRICT 2A _ ODOT, RAIL DIVISION _ STATE HISTORIC Dave Austin(wcccA)-gii-pk P'.T-i) Sam Hunaidi, As is Distriotuw qw (Notify If COOT Retarwy.C os:ing aOnly AccesstoLand) PRESERVATION OFFICE PO Box 6375 6000 SW Raab Road Dave Lanning, sr. Cmsseg sales spe daw (Notify a Pro„arey Has No ov.day) Beaverton, OR 97007-0375 Portland, OR 97221 555-13°i Street, NE, Suite 3 1115 Commercial Street, NE Salem, OR 97301-4179 Salem, OR 97301-1012 UTILITY PROVIDERS AND SPECIAL AGENCIES _ PORTLAND WESTERN R/R, BURLINGTON NORTHERN/SANTA FE R/R, OREGON ELECTRIC R/R (Burlington Northe i/Santa Fe WR Predecessor) Bruce Carswell, President & General Manager 1200 Howard Drive SE Albany, OR 97322-3336 _ SOUTHERN PACIFIC TRANS. CO. R/R )(METRO AREA COMMUNICATIONS X COMCAST CABLE CORP. _ TRI- MET TRANSIT DVLPMT. Clifford C. Cabe, Construction Engineer Debra Palmer V-.awm orm Gerald Backhaus (s.. .r. b A,oo am (C Pmiect is watdn We of a Trxsa Rome) 5424 SE McLoughlin Boulevard Twin Oaks Technology Center 14200 SW Brigadoon Court Ben Baldwin, Project Planner Portland, OR 97232 1815 NW 169th Place, S-6020 Beaverton, OR 97005 710 NE Holladay Street Beaverton, OR 97006-4886 Portland, OR 97232 X_ PORTLAND GENERAL ELECTRIC NW NATURAL GAS COMPANY X- VERIZON 1~q QWEST COMMUNICATIONS 40 Ken Gutierrez, Svc.Design Consultant Scott Palmer, Engineering Coord. David Bryant, Engineering Lynn Smith, Eng. ROW Mgr. 9480 SW Boeckman Road 220 NW Second Avenue OR 030533/PO Box 1100 8021 SW Capitol Hill Rd, Rm 110 Wilsonville, OR 97070 Portland, OR 97209-3991 Beaverton, OR 97075-1100 Portland, OR 97219 TIGARD/TUALATIN SCHOOL DIST. #23J _ BEAVERTON SCHOOL DIST. #48 XCOMCAST CABLE CORP.INUNIC. Teri Brady, Administrative Offices Jan Youngquist, Demographics Alex Si)antiev Is....+nbAw cae.nl Diana Carpe er et111a"29m 6960 SW Sandburg Street 16550 SW Merlo Road 9605 SW Nimbus Avenue, Bldg. 12 10831 SW C de Avenue Tigard, OR 972238039 Beaverton, OR 97006.5152 Beaverton, OR 97008 Tigard, OR 22 3 345 INDICATES AUTOMATIC NOTIFICATION IN COMPLIANCE WITH INTERGOVERNMENTAL AGREEMENT IF WITHIN S00' OF THE SUBJECT PROPERTY FOR ANY/ALL CITY PROJECTS (Project Planner Is Responsible For Indicating Parties To Notify). NWItyamterslRequest For Comments Notification list doc (UPDATED: 23-May-06) AFFIDAVIT OF POSTING NOT ICE City of Tigard Planning Division 13125 SW Hall Boulevard Tigard, OR 97223 In the Matter of the Proposed Annexation of: Land Use File No.: ZCA2006-00002 Land Use File Name: CACH CREEK AREA ANNEXATION I, Emily Eng, being fast duly sworn/affirm, on oath depose and say that I am an Assistant Planner for the City of Tigard, Washington County, Oregon and that I personally posted notice of Public Hearing on the proposed Annexation at the Tigard Public Library Tigard City Hall and the Tigard Pernait Center, a copy of said notice being hereto attached and by reference made a part hereof, on the IP day of 2006 gki~inne of P d Posting an the presence of the Notar}) STATE OF OREGON County of Washington) ss. City of Tigard ) Ulf Subscribed and sworn/affirmed before me on the day of , 20M ouwE OFRCIAL SEAL NOTARY PUBLIC-OREGON , MY COMMISSION EEVIR S N N. SEPT. 2~5, 2007 NOTARY PUBLIC REGON My Commission Expires: J 1Acurp1n\paay\aaaa\affidavk of posting 3 public pL mAbc 346 N(ITIC OF PU*B IC H ARING' Posting start date: 8/11/2006 Posting end date: 10/11/2006 The following will be considered by the Tigard City Council on Tuesday September 26, 2006 at 7:30 PM at the Tigard Civic Center - Town Hall Room, 13125 SW Hall Boulevard, Tigard, Oregon. Both public oral and written testimony is invited. The public hearing on this matter will be conducted in accordance Chapter 18.390.060.E. of the Tigard Municipal Code and rules of procedure adopted by the Tigard City Council and available at City Hall. All documents and applicable criteria in the file are available for inspection at no cost or copies can be obtained for twenty-five cents (25~) per page, or the current rate charged for copies at the time of the request. At least fifteen (15) days prior to the hearing, a copy of the staff report will be availablf '~r inspection at no cost, or a copy can be obtained for twenty-five cents (25~) per page, or the current rate charged for copies at the time of the request. Further information may be obtained from the Planning Division (staff contact: Emily Eng) at 13125 SW Hall Boulevard, Tigard, Oregon 97223, by calling 503-639-4171, or by email to Emily tigard-or. ov. PUBLIC HEARING ITEM: ZONE CHANGE ANNEXATION (ZCA) 2006-00002 ➢ CACH CREEK AREA ANNEXATION Q REQUEST: The applicant is requesting annexation of twelve (12) parcels containing 41.41 acres into the City of Tigard. LOCATION: Abutting and west of Sunrise Lane, and abutting and north of SW Bull Mountain Road, including the rig' of-way on Sunrise Lane, from the intersection of Sunrise Lane and SW 147th Terrace westerly for approximately 1,200 feet and northerly for approximately 1,630 feet; Washington County Tax Assessor's Map No. (WCTM) 2S105DB, Tax Lots 6100, 6200 & 400; WCTM 2S105CD, Tax Lot 100; WCTM 2S108AB, Tax Lots 1200 & 1201; WCTM 2S105DC, Tax Lots 100, 201, 300 & 400; and wcTM 2S105DD, Tax Lots 200 & 300. ZONE: R-7: Medium-Density Residential District. The R-7 zoning district is designed to accommodate attached single-family homes, detached single-family homes with or without accessory residential units, at a minimum lot size of 5,000 square feet, and duplexes, at a minimum lot size of 10,000 square feet. Mobile home parks and subdivisions are also permitted outright. Some civic and institutional uses are also permitted conditionally. APPLICABLE REVIEW CRITERIA: The approval standards for annexations are described in Community Development Code Chapters 18.320 and 18.390, Comprehensive Plan Policies 2 and 10; ORS Chapter 222; and Metro Code Chapter 3.09. w AFFIDAVIT OF POSTING NOTICE City of Tigard Planning Division 13125 SW Hall Boulevard Tigard, OR 97223 In the Matter of the Proposed Annexation of: Land Use File No.: ZCA2006-00002 Land Use File Name: CACH CREEK AREA ANNEXATION I, Emily Eng, being fast dulysworn/affirm, on oath depose and say that I am a/an Assistant Planner for the City of Tigard, Washington County, Oregon and that I personally posted notice of Public Hearing on the proposed Annexation by means of weatherproof posting in the general vicinity of the affected territory, a copy of said notice being hereto attached and by reference made a part hereof, on the 1P day of August. 2006. • ignature Posting an the presence of the Notary STATE OF OREGON County of Washington ss. City of Tigard Subscribed and swom/affirmed before me on the 161"dayof , 20Af,. OFFICIAL S DIANE IU JEt.DEFiKS NOTARY PUBLICGON MY COMMISS ON EXPIRE SEPT. 255,, 2007 . NOTARY PUBII OREGON My Commission Expires: -1S E\aupln\pnry\aa=\affdavit of posting ant~auon sitedoc 348 NCTIC OF PU13LIC H ARING Posting start date: 8/11/2006 Posting end date: 10/11/2006 The following will be considered by the Tigard City Council on Tuesday September 26. 2006 at 7:30 PM at the Tigard Civic Center - Town Hall Room, 13125 SW Hall Boulevard, Tigard, Oregon. Both public oral and written testimony is invited. The public hearing on this matter will be conducted in accordance Chapter 18.390.060.E. of the Tigard Municipal Code and rules of procedure adopted by the Tigard City Council and available at City Hall. All documents and applicable criteria in the file are available for inspection at no cost or copies can be obtained for twenty-five cents (25 per page, or the current rate charged for copies at the time of the request. At least fifteen (15) days prior to the hearing, a copy of the staff report will be availabl" -)r inspection at no cost, or a copy can be obtained for twenty-five cents (25~) per page, or the current rate charged for copies at the time of the request. Further information may be obtained from the Planning Division (staff contact: Emily Eng) at 13125 SW Hall Boulevard, Tigard, Oregon 97223, by calling 503-639-4171, or by email to Emilyaae igard-or.gov. PUBLIC HEARING ITEM: ZONE CHANGE ANNEXATION (ZCA) 2006-00002 ➢ CACH CREEK AREA ANNEXATION Q REQUEST: The applicant is requesting annexation of twelve (12) parcels containing 41.41 acres into the City of Tigard. LOCATION: Abutting and west of Sunrise Lane, and abutting and north of SW Bull Mountain Road, including the rig: of-way on Sunrise Lane, from the intersection of Sunrise Lane and SW 147th Terrace westerly for approximately 1,200 feet and northerly for approximately 1,630 feet; Washington County Tax Assessor's Map No. (WCTM) 2S105DB, Tax Lots 6100, 6200 & 400; WCTM 2S105CD, Tax Lot 100; WCTM 2S108AB, Tax Lots 1200 & 1201; WCTM 2S105DC, Tax Lots 100, 201, 300 & 400; and WCTM 2S105DD, Tax Lots 200 & 300. ZONE: R-7: Medium-Density Residential District. The R-7 zoning district is designed to accommodate attached single-family homes, detached single-family homes with or without accessory residential units, at a minimum lot size of 5,000 square feet, and duplexes, at a minimum lot size of 10,000 square feet. Mobile home parks and subdivisions are also permitted outright. Some civic and institutional uses are also permitted conditionally. APPLICABLE REVIEW CRITERIA: The approval standards for annexations are described in Community Development Code Chapters 18.320 and 18.390, Comprehensive Plan Policies 2 and 10; ORS Chapter 222; and Metro Code Chapter 3.09. w August 8, 2006 CITY OF TIGARD OREGON Mark E. and Wendy J. Brands 15155 SW Sunrise Lane Tigard, OR 97224 RE: Annexation of neighboring property Dear Property Owner(s): The owners of the twelve properties located in or near the Cach Creek area near your property (see included map), have petitioned that their properties be annexed into the City of Tigard. As part of our process, we are contacting you to see if you would be interested in being included in this annexation proposal. The intent of this request is to create a uniform boundary by including your property within the proposal. Annexing into the City affords you the right to City services such as City police, sewer and water. If you choose to be included with this application, please fill out the enclosed forms and provide the necessary information no later than August 22, 2006. Your response is needed by this date in order to prepare the necessary notification documents. The City will waive its filing fee of $2,447 as the multiple requests can be processed simultaneously. If you have any questions, please don't hesitate to contact me at (503) 718-2712, or stop by the Community Development Department located at 13125 SW Hall Boulevard in City Hall. Sincerely, Emily E Assistant Planner C: ZCA2006-00002 Land use file 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 TDD (503) 684-2772 350 August 8, 2006 CITY OF TIGARD Nancy Younger OREGON 15065 SW Sunrise Lane Tigard, OR 97224 RE: Annexation of neighboring property Dear Property Owner(s): The owners of the twelve properties located in or neat the Cach Creek area near your property (see included map), have petitioned that their properties be annexed into the City of Tigard. As part of our process, we are contacting you to see if you would be interested in.being included in this annexation proposal. The intent of this request is to create a uniform boundary by including your property within the proposal. Annexing into the City affords you the right to City services such as City police, sewer and water. • If you choose to be included with this application, please fill out the enclosed forms and provide the necessary information no later than August 22, 2006. Your response is needed by this date in order to prepare the necessary notification documents. The City willwaive its filing fee of $2,447 as the multiple requests can be processed simultaneously. If you have any questions, please don't hesitate to contact me at (503) 718-2712, or stop by the Community Development Department located at 13125 SW Hall Boulevard in City Hall. Sincerely, Emily Eng Assistant Planner c: ZCA2006-00002 Land use file 351 3125 SW Hail Blvd., Tigard, OR 97223 (503) 639-4171 TDD (503) 684-2772 ' August 8, 2006 CITY OF TIGARD Lester Carlson OREGON 14905 SW Sunrise Lane Tigard, OR 97224 RE: Annexation of neighboring property Dear Property Owner(s): The owners of the twelve properties located in or near the Cach Creek area near your property (see included map), have petitioned that their properties be annexed into the City of Tigard. As part of our process, we are contacting you to see if you would be interested in being included in this annexation proposal The intent of this request is to create a uniform boundary by including your property within the proposal. Annexing into the City affords you the right to City services such as City police, sewer and water. If you choose to be included with this application, please fill out the enclosed forms and provide the necessary information no later than August 22, 2006. Your response is needed by this date in order to prepare the necessary notification documents. The City will waive its filing fee of $2,447 as the multiple requests can be processed simultaneously. If you have any questions, please don't hesitate to contact me at (503) 718-2712, or stop by the Community Development Department located at 13125 SW Hall Boulevard in City Hall. Sincerely, Emily E Assistant Planner • c: ZCA2006-00002 Land use file 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 TDD (503) 684-2772 352 • August 8, 2006 CITY OF TIGARD - Michael H. and Denise A. Portwood OREGON 14675 SW Sunrise Lane Tigard, OR 97224 RE: Annexation of neighboring property Dear Property Owner(s): The owners of the twelve properties located in or near the Cach Creek area near your property (see included map), have petitioned that their properties be annexed into the City of Tigard. As part of our process, we are contacting you to see if you would be interested in being included in this annexation proposal. The intent of this request is to create a uniform boundary by including your property within the proposal. Annexing into the City affords you the right to City services such as City police, sewer and water. • If you choose to be included with this application, please fill out the enclosed forms and provide the necessary information no later than August 22,'2006. Your response is needed by this date in order to prepare the necessary notification documents. The City will waive its filing fee of $2,447 as the multiple requests can be processed simultaneously. If you have any questions, please don't hesitate to contact me at (503) 718-2712, or stop by the Community Development Department located at 13125 SW Hall Boulevard in City Hall. Sincerely, e7 'Emily Eng Assistant Planner G ZCA2006-00002 Land use file 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 TDD (503) 684-2772 353 August 8, 2006 CITY OF TIGARD OREGON David and Kathleen K. Reiman 14625 SW Sunrise Lane Tigard, OR 97224 RE: Annexation of neighboring property Dear Property Owner(s): The owners of the twelve properties located in or near the Cach Creek area near your property (see included map), have petitioned that their properties be annexed into the City of Tigard. As part of our process, we are contacting you to see if you would be interested in being included in this annexation proposal. The intent of this request is to create a uniform boundary by including your property within the proposal. Annexing into the City affords you the right to City services such as City police, sewer and water. • If you choose to be included with this application, please 'fill out the enclosed forms and provide the necessary information no later than August 22, 2006. Your response is needed by this date in order to prepare the necessary notification documents. The City will waive its filing fee of $2,447 as the multiple requests can be processed simultaneously. If you have any questions, please don't hesitate to contact me at (503) 718-2712, or stop by the Community Development Department located at 13125 SW Hall Boulevard in City Hall. Sincerely, Emily EZL~ Assistant Planner C'. ZCA2006-00002 Land use file 354 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 TDD (503) 684-2772 i August 8, 2006 CITY OF TIGARD Brian G. and Karen M. Pautz OREGON 9685 SW Carriage Way Beaverton, OR 97008 RE: Annexation of neighboring property Dear Property Owner(s): The owners of the twelve properties located in or near the Cach Creek area near your property (see included map), have petitioned that their properties be annexed into the City of Tigard. As part of our process, we are contacting you to see if you would be interested in being included in this annexation proposal. The intent of this request is to create a uniform boundary by including your property within the proposal. Annexing into the City affords you the right to City services such as City police, sewer and water. • If you choose to be included with this application, please fill out the enclosed forms and provide the necessary information no later than August 22, 2006. Your response is needed by this date in order to prepare the necessary notification documents. The City will waive its filing fee of $2,447 as the multiple requests can be processed simultaneously. If you have any questions, please don't hesitate to contact me at (503) 718-2712, or stop by the Community Development Department located at 13125 SW Hall Boulevard in City Hall. Sincerely, Emily E;-- Assistant Planner C,. ZCA2006-00002 Land use file 355 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 TDD (503) 684-2772 August 8, 2006 CITY OF TIGARD OREGON Cleve D. and Janice E. Ward 15140 SW Sunrise Lane Tigard, OR 97224 RE: Annexation of neighboring property Dear Property Owner(s): The owners of the twelve properties located in or near the Cach Creek area near your property (see included map), have petitioned that their properties be annexed into the City of Tigard. As part of out process, we are contacting you to see if you would be interested in being included in this annexation proposal, The intent of this request is to create a uniform boundary by including your property within the proposal. Annexing into the City affords you the right to City services such as City police, sewer and water. • If you choose to be included with this application, please fill out the enclosed forms and provide the necessary informati on no later than August 22, 2006. Your response is needed by this date in order to prepare the necessary notification documents. The City will waive its filing fee of $2,447 as the multiple requests can be processed simultaneously. If you have any questions, please don't hesitate to contact me at (503) 718-2712, or stop by the Community Development Department located at 13125 SW Hall Boulevard in City Hall. Sincerely, Emily E g Assistant Planner C7. ZCA2006-00002 Land use file 356 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639AT71 TDD (503) 684-2772 August 8, 200 CITY OF TIGARD Arthur V. and Claudia A. Townsend OREGON 15110 SW Sunrise Lane Tigard, OR 97224 RE: Annexation of neighboring property Dear Property Owner(s): The owners of the twelve properties located in or near the Cach Creek area near your property (see included map), have petitioned that their properties be annexed into the City of Tigard. As part of our process, we are contacting you to see if you would be interested in being included in this annexation proposal. The intent of this request is to create a uniform boundary by including your property within the proposal. Annexing into the City affords you the right to City services such as City police, sewer and water. If you choose to be included with this application, please fill out the enclosed forms and provide the necessary information no later than August 22, 2006. Your response is needed by this date in order to prepare the necessary notification documents. The City will waive its filing fee of $2,447 as the multiple requests can be processed simultaneously. If you have any questions, please don't hesitate to contact me at (503) 718-2712, or stop by the Community Development Department located at 13125 SW Hall Boulevard in City Hall. Sincerely, Emily Eng Assistant Planner • c: ZCA2006-00002 Land use file 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 TDD (503) 684-2772 357 August 8, 2006 CITY OF TIGARD OREGON Christopher and Sheri Cach 15170 SW Sunrise Lane Tigard, OR 97224 RE: Annexation of neighboring property Dear Property Owner(s): The owners of the twelve properties located in or near the Cach Creek area near your property (see included map), have petitioned that their properties be annexed into the City of Tigard. As part of our process, we are contacting you to see if you would be interested in being included in this annexation proposal. The intent of this request is to create a uniform boundary by including your property within the proposal. Annexing into the City affords you the right to City services such as City police, sewer and water. If you choose to be included with this application, please fill out the enclosed forms and provide the necessary informati on no later than August 22, 2006. Your response is needed by this date in order to prepare the necessary notification documents. The City will waive its filing fee of $2,447 as the multiple requests_can be processed simultaneously. If you have any questions, please don't hesitate to contact me at (503) 718-2712, or stop by the Community Development Department located at 13125 SW Hall Boulevard in City Hall. Sincerely, Emily Eng Assistant Planner C. ZCA2006-00002 Land use file 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-41-71 TDD (503) 684-2772 358 August 8, 2006 CITY OF TIGARD OREGON Leon D. and Carol A. White 15180 SW Sunrise Lane Tigard, OR 97224 RE: Annexation of neighboring property Dear Property Owner(s): The owners of the twelve properties located in or near the Cach Creek area near your property (see included map), have petitioned that their properties be annexed into the City of Tigard. As part of our process, we are contacting you to see if you would be interested in being included in this annexation proposal. The intent of this request is to create a uniform boundary by including your property within the proposal. Annexing into the City affords you the right to City services such as City police, sewer and water. If you choose to be included with this application, please fill out the enclosed forms and provide the necessary information no later than August 22, 2006. Your response is needed by this date in order to prepare the necessary notification documents. The City will waive its filing fee of $2,447 as the multiple requests can be processed, simultaneously. If you have any questions, please don't hesitate to contact me at (503) 718-2712, or stop by the Community Development Department located at 13125 SW Hall Boulevard in City Hall. Sincerely, t Emily E Assistant Planner • c: ZCA2006-00002 Land use file 359 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 TDD (503) 684-2772 August 8, 2006 CITY OF TIGARD OREGON Scott E. Heino and Heather A. Clark 13370 SW Menlor Lane Tigard, OR 97224 RE: Annexation of neighboring property Dear Property Owner(s): The owners of the twelve properties located in or near the Cach Creek area near your property (see included map), have petitioned that their properties be annexed into the City of Tigard. As part of our process, we are contacting you to see if you would be interested in being included in this annexation proposal. The intent of this request is to create a uniform boundary by including your property within the proposal- Annexing into the City affords you the right to City services such as City police, sewer and water. • If you choose to be included with this application, please fill out the enclosed forms and provide the necessary information no later than August 22, 2006. Your response is needed by this date in order to prepare the necessary notification documents. The City will waive its filing fee of $2,447 as the multiple requests can be processed simultaneously. If you have any questions, please don't hesitate to contact me at (503) 718-2712, or stop by the Community Development Department located at 13125 SW Hall Boulevard in City Hall- Sincerely, 7 Emily Eng Assistant Planner c: ZCA2006-00002 Land use file 360 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 TDD (503) 684-2772 August 8, 2006 CITY OF TIGARD OREGON Richard Calgano and Vicki A. Webster-Calgano 13290 SW Menlor Lane Tigard, OR 97224 . RE: Annexation of neighboring property Dear Property Owner(s): The owners of the twelve properties located in or near the Cach Creek area near your property (see included map), have petitioned that their properties be annexed into the City of Tigard. As part of our process, we are contacting you to see if you would be interested in being included in this annexation proposal. The intent of this request is to create a uniform boundary by including your property within the proposal. Annexing into the City affords you the right to City services such as City police, sewer and water. • If you choose to be included with this application, please fill out the enclosed forms and Provide the necessary informati on no later than August 22, 2006. Your response is needed by this date in order to prepare the necessary notification documents. The City will waive its filing fee of $2,447 as the multiple requests can be processed simultaneously. If you have any questions, please don't hesitate to contact me at (503) 718-2712, or stop by the Community Development Department located at 13125 SW Hall Boulevard in City Hall. Sincerely, cl~~ Emily Eng Assistant Planner G ZCA2006-00002 Land use file 361 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 TDD (503) 684-2772 ~ AFFIDAVIT OF MAILING - 4 ..D z,y `,ads I, Patricia L. Lunsfot d, being first dulysworn/affirm, on oath depose and say that I am a Senior Administrative Specialist for the City of Tigard, Washington County, Oregon and that I served the following: (~B-4)Bd* D NOTICE OF PUBLIC HEARING FOR ZCA2006-00002/CACH CREEK AREA ANNEXATION (He No1Num Mere=) ❑ AMENDEDNOTICE HEARING BODY: HEARING DATE: ❑ City of Tigard Planning Director ❑ Tigard Hearings Officer ❑ Tigard P6nning Commission ® Tigarc City Council (9/26/2006) A copy of the said notice being hereto attached, marked Exhibit " N', and by reference made a part hereof, was mailed to each named person(s) at the address(s) shown on the attached list(s), marked Exhibit "B" , and by reference made a part hereof, on August 7, 2006, and deposited in the United States Mail on August 7, 2006, postage prepaid. (Person that ilwj!rared e STATE OF OREGON County of Washington ss. City of Tigard Subscribed and swom/affinned before me on the 2 dayof '2006. ~•;;~,_c" NOTARY PUBLI F OREGON ~ - - - - My Commission Expires: Zd', z ~7 362 EXH I B IT.A- NOTICE TO MORTGAGEE, LIENHOLDER, VENDOR OR SELLER: THE TIGARD DEVELOPMENT CODE REQUIRES THAT IF YOU RECEIVE THIS NOTICE, jMq 04ALL BE PROMPTLY FORWARDED TO THE PURCHASER PUBLIC HEARING NOTICE NOTICE IS HEREBY GIVEN THAT THE TIGARD CITY COUNCIL, AT A MEETING ON TUESDAY, SEPTEMBER 26, 2006 AT 730 PM, IN THE TOWN HALL OF THE TIGARD CIVIC CENTER, 13125 SW HALL BOULEVARD, TIGARD, OREGON 97223 WILL CONSIDER THE FOLLOWING APPLICATION: FILE NO.: ZONE CHANGE ANNEXATION (ZCA) 2006-00002 FILE TITLE: CACH CREEK AREA ANNEXATION APPLICANT/ COORDINATOR City of Tigard OWNER: City of Tigard (Multiple Contact: Beth St. Amand Contact: Dennis Koellermeier applicants): 13125 SW Hall Blvd. 13125 SW Hall Blvd. Tigard, OR 97223 Tigard, OR 97223 jrNER: Turd Water District OWNER: Trust for Public Land PO Box 23000 806 SW Broadway, #300 Tigard, OR 97223 Portland, OR 97205 OWNER: Brentwood Homes OWNER: Jon Dyer Contact John Noffz O Box 848 15170 SW Finis Lane Lake Oswego, OR 97304 Tigard, OR 97224 REQUEST: The applicant is requesting annexation of twelve (12) parcels containing 41.41 acres into the City of Tigard. LOCATION: Abutting and west of Sunrise Lane, and abutting and north of SW Bull Mountain Road, including the right-0f-way on Sunrise Lane, from the intersection of Sunrise Lane and SW 147' Terrace westerly for approximately 1,200 feet and northerly for approximately 1,630 feet; Washington County Tax Assessor's Map No. (WCTM) 2S105DB, Tax Lots 6100, 6200 & 400; WCTM 2S105CD, Tax Lot 100; WCTM 2S108AB, Tax Lots 1200 & 1201; WCTM 2S105DC, Tax Lots 100, 200,300 & 400; and WCTM 2S105DD, Tax Lots 200 & 300. ZONE: R-7: Medium-Density Residential District. The R-7 zoning district is designed to accommodate attached single-family homes, detached single-family homes with or without accessory residential units, at a minimum lot size of 5,000 square feet, and duplexes, at a minimum lot size of 10,000 square feet Mobile home parks and subdivisions are also APPLICABLE permitted outright. Some civic and institutional uses are also permitted conditionally. REVIEW CRITERIA: The approval standards for annexations are described in Community Development Code 40 Chapters 18.320 and 18.390, Comprehensive Plan Policies 2 and 10; ORS Chapter 222; and Metro Code Chapter 3.09. THE PUBLIC HEARING ON THIS MATTER WILL BE CONDUCTED IN ACCORDANCE WITH THE RULES OF CHAPTER 18.390 OF THE COMMUNITY DEVELOPMENT CODE AND RULES OF PROCEDURE ADOPTED BY THE TIGARD CITY COUNCIL AND AVAILABLE AT CITY HALL. 363 ASSISTIVE LISTENING DEVICES ARE AVAILABLE FOR PERSONS WITH IMPAIRED HEARING. THE CITY WILL ENDEAVOR TO ARRANGE FOR QUALIFIED SIGN LANGUAGE INTERPRETERS AND QUALIFIED NGUAL INTERPRETERS UPON REQUEST. PLEASE CALL 503-639-4171, EXT. 2438 (VOICE) OR 503-6842772 (TDD WELECOMMUNICATIONS DEVICES FOR THE DEAF) NO LESS THAN ONE WEEK PRIOR TO THE HEARING TO MAKE ARRANGEMENTS. ANYONE WISHING TO PRESENT WRITTEN TESTIMONY ON THIS PROPOSED ACTION MAY DO SO IN WRITING PRIOR TO OR AT THE PUBLIC HEARING. ORAL TESTIMONY MAY BE PRESENTED AT THE PUBLIC HEARING. AT THE PUBLIC HEARING, THE CITY COUNCIL WILL RECEIVE A STAFF REPORT PRESENTATION FROM THE CITY PLANNER, OPEN THE PUBLIC HEARING, AND INVITE BOTH ORAL AND WRITTEN TESTIMONY. THE CITY COUNCIL MAY CONTINUE THE PUBLIC HEARING TO ANOTHER MEETING TO OBTAIN ADDITIONAL INFORMATION, OR CLOSE THE PUBLIC HEARING AND TAKE ACTION ON THE APPLICATION. INCLUDED IN THIS NOTICE IS A LIST OF APPROVAL CRITERIA APPLICABLE TO THE REQUEST FROM THE TIGARD COMMUNITY DEVELOPMENT CODE AND THE TIGARD COMPREHENSIVE PLAN. APPROVAL OR DISAPPROVAL OF THE REQUEST BY THE CITY COUNCIL WILL BE BASED UPON THESE CRITERIA AND THESE CRITERIA ONLY. AT THE HEARING IT IS IMPORTANT THAT COMMENTS RELATING TO THE REQUEST PERTAIN SPECIFICALLY TO THE APPLICABLE CRITERIA LISTED. ALL DOCUMENTS AND APPLICABLE CRITERIA IN THE ABOVE-NOTED FILE ARE AVAILABLE FOR INSPECTION AT NO COST OR COPIES CAN BE OBTAINED FOR TWENTY-FIVE CENTS (25C) PER PAGE, OR THE CURRENT RATE CHARGED FOR COPIES AT THE TIME OF THE REQUEST. IF YOU WANT TO INSPECT THE FILE, PLEASE CALL AND MAKE AN APPOINTMENT WITH EITHER THE PROJECT PLANNER OR THE PLANNING TECHNICIANS. AT LEAST FIFTEEN (15) DAYS PRIOR TO THE HEARING, A COPY OF THE STAFF REPORT WILL BE AVAILABLE FOR INSPECTION AT NO COST, OR A COPY CAN BE OBTAINED FOR TWENTY-FIVE CENTS (25C) PER PAGE, OR THE CURRENT RATE CHARGED FOR COPIES AT THE TIME OF THE REQUEST. FOR FURTHER INFORMATION PLEASE CONTACT THE CITY RECORDER OR STAFF PLANNER, EMILY ENG AT 503-639-4171, TIGARD CITY HALL, 13125 SW HALL BOULEVARD, TIGARD, OREGON 97223, OR BY EMAIL TO mi d and-or. ov . FI ` SW .-I I -1 I I ~ Sw > ~ 1 ' 1 1 i I Cach Creek Area Annexation 7 CJN I ' ; } I ! City of Tigard j- Ku s~ Oregon I ; Wk l-7 NE I 1 i a ON L Proposed ' Annexation Area I i City of Tigard C' a Taxlot Boundary I ~ AKER IN I i i , i tigTaO ( ' ~ A~ K c r 364 2S105AC-00600 2S105CD-02800 13051 SW 154TH TIGARD OR LLC AMAYA ANA M 8700 SW-CREEKSIDE PL #A 15813 SW SUNDEW DR B RTON, OR 97008 TIGARD, OR 97223 2S105DA-16200 2S105CD-06700 EXHIBIT ADYANI MEHRAN & SOHEILA AMII JAMES M 14615 SW KLIPSAN LN 15819 SW BRISTLECONE WAY TIGARD, OR .97223 TIGARD, OR 97223 2S105D13-01100 2S105DD-04400 ALCOVER WINNIE B AMIRI MOHAMMAD R & TERI D 13207 SW 154TH AVE 13550 SW SANDRIDGE DR TIGARD, OR 97223 TIGARD, OR 97223 2S108AB-00102 2S105DA-07400 ALDERTON DONALD L TRUST & ANDERSON JILL ALDERTON JUANITA C TRUST 14812 SW FERN ST BY DONALD L ADLERTON TR TIGARD, OR 97223 PO BOX 231117 TIGARD, OR 97281 2S108AB-00101 2S108AA-00400 A ERTON DONALD TRUST & APAU RICHARD K & LISA M ALD TON JUA C TRUST 14890 SW SUNRISE LN BY DO ADLERTON TR TIGARD, OR 97224 jik.QWnql7 WRD, OR 7281 2S105CD-04100 2S105CA-23300 ALDRIDGE CLAUDE A & ARADINE JEFFREY P/DIANA M KATHY K 15672 SW BRISTLECONE WAY 15814 SW BRISTLECONE WAY TIGARD, OR 97223 TIGARD, OR 97223 2S105AC-00700 2S1056A-25100 ALEAZIZ FARZAD ARBOW DAVID N & MONICA L 13067 SW 154TH AVE 15834 SW SUNDEW DR PORTLAND, OR 97223 TIGARD, OR 97223 2S105CA-07500 2S105C13-04800 ALLEN MICHAEL G ARNOLD MARK W & KELLY A 13242 SW YARROW WAY 15862 SW BRISTLECONE WAY TIGARD, OR 97223 TIGARD, OR 97223 2S105CA-18500 2S105CD-09400 ALTIG JANIS K ARONSON PAUL D & 15877 SW SUNDEW DR CHRITTON-ARONSON PAMELA J TIGARD, OR 97223 13848 SW 159TH TER TIGARD, OR 97223 1005DD-06500 2S104CC-03000 ALVAREZ DAVID F & JENNIFER S AUBE GREGORY R & KAREN H 13495 SW SANDRIDGE DR 13999 SW HILLSHIRE DR TIGARD, OR 97223 TIGARD, OR 97223 365 2S105CA-19400 2S1051)13-00700 AUGUST THOMAS A & SUSAN A BELMORE GERALD E/TANGIE R & 15707 SW BRISTLECONE WAY WOOD ERVIN T D. OR 97223 12091 SW WHEATLAND DR SHERWOOD, OR 97140 2S105CD-03500 2S108AA-03800 BABCOCK FAMILY TRUST BENEDICT MILES K & SHARI M BY HAROLD C BABCOCK TR 14036 SW 147TH TER 13401 ATWATER LN TIGARD, OR 97224 LAKE OSWEGO, OR 97034 2S105CD-04500 2S108AA-00801 BABER ANDREW R BENNINK GREG S AND 4945 SANDRIFF CT BENNINK TRACE R FLORENCE, OR 97439 14210 SW 150TH TIGARD, OR 97224 2S105DD-03900 2S105OA-09000 BAKHSH FARIBA BERRYHILL MEREDITH 13440 SW SANDRIDGE DR 14913 SW FALKLAND CT PORTLAND, OR 97223 TIGARD, OR 97223 2SI05CD-08400 2S105CA-00400 BARBER CYNTHIA A & JAMES E BIKEL KAREN L 15901 SW TUSCANY ST 15505 SW BULRUSH LN PORTLAND, OR 97223 TIGARD, OR 97223 2S108AB-01502 2S105DD-04300 BARRETT PATRICIA ANN BILLINGS MARK/MICHELLE L 15556 SW BULL MTN RD 13530 SW SANDRIDGE DR TIGARD, OR 97224 TIGARD, OR 97223 2S105DA-08900 2S105CA-12200 BARTLETT FAMILY REVOC LT BILOZERTCHEV DMITRI & OLGA BY SUSAN BARTLETT TR 4495 BRIXSHIRE DR 14925 SW FALKLAND CT HILLIARD, OH 43026 TIGARD, OR 97223 2S1051)B-03700 2S105DA-17100 BASS ANTHONY R & JENNIFER L BLODGETT NEAL G & SHERYL CAOILI 15254 SW FIRTREE DR 13255 SW NAHCOTTA DR TIGARD, OR 97223 TIGARD, OR 97223 2S105DD-03700 2S108AA-00300 BEACH PETER G & HEATHER A BLOUDEK WILLIAM J JR AND 13425 SW NAHCOTTA DR JEANANNE M TIGARD, OR 97223 14880 SW SUNRISE LANE TIGARD, OR 97223 00 05DB-02200 2S105C13-03300 BECKER JUDY BODINE CHARLES V 15372 SW WINTERGREEN 15728 SW BRISTLECONE WAY TIGARD, OR 97223 TIGARD, OR 97223 366 2SI09BG-07000 2S105CA-23500 BONNEVILLE POWER BROWN AMY ADMINISTRATION 15688 SW BRISTLECONE WAY 1ftE HOLLADAY TIGARD, OR 97223 P D, OR 97232 2S105AC-06500 2S105CD-04300 BOUTILIER CHARLES O & BROWN JAMAAL WEI-JUH VIRGINIA M 15830 SW BRISTLECONE WAY 13062 SW 153RD TIGARD, OR 97223 TIGARD, OR 97223 2S105AC-01000 2S105CD-01900 BOWLES COLLEEN A BROWN SCOTT & SHANNON 15365 SW WINTERGREEN ST 15755 SW BAKER LN TIGARD, OR 97224 TIGARD, OR 97224 2S105CD-02200 >RS 1801 BOWMAN MARVIN S & MARTINA R & SHANNON 13875 SW 158TH TERR R LN TIGARD, OR 97224 2S105DA-16800 2S105DA-08400 BOZKUS ZEKI & OMUR BRYANT KEVIN DEWAYNE REV TRUST 13280 SW NAHCOTTA DR BY KEVIN DEWAYNE BRYANT TR TIGARD, OR 97223 736 DAISYFIELD DR LIVERMORE, CA 94550 2S105DD-00800 2S105DA-08500 BRANDS MARK E & WENDY J B NT KEVI DEWAYNE REV TRUST 15155 SW SUNRISE LN BY K WAYNE BRYANT TR TIGARD, OR 97224 736 IS LD DR L ERMORE, CA 94550 2SIOSBA-07200 2S105CA-18900 BRAZIER STEPHEN C & SONDRA K BUELL TAMMY D 14270 SW KOVEN CT 15845 SW SUNDEW DR TIGARD, OR 97224 TIGARD, OR 97223 2S105CA-11900 2S105CA-22600 BRENNAN PAUL A & SUZANNE C BUHOLZER ARMIN R 13151 SW YARROW WAY 3470 RIVERKNOLL WAY TIGARD, OR 97223 WEST LINN, OR 97068 2S105CA-23900 2S108AA46200 BRENZA DAVID J & ANGELA J BULL MOUNTAIN HOMEOWNER'S ASSN 15720 SW BRISTLECONE WAY BY VENTURE PROPERTIES INC TIGARD, OR 97223 15555 SW BANGY RD LAKE OSWEGO, OR 97035 *05DB-0i800 2S108A&01700 BROOKS KRISTIN UTERRY S BULL MOUNTAIN-153RD ; 15367 SW FIRTREE DR ASSOCIATES LLC TIGARD, OR 97223 9600 SW OAK ST 367 PORTLAND, OR 97223 2S108AB-01600 2S105DC-00100 B MOUNT -153RD CAC AMILY V TRUST THE & ASSO LLC CACH G D C CRD SHIT TRUST 9 K ST BY LIS J N L CACH CO-TRS P . ND, 97223 60 4TH AVE TTLE, WA 9 115 2S108AB-01605 2S105DA-00600 L MOUNT -153RD CALCAGNO RICHARD S & !iw AS NOR S LLC WEBSTER CALCAGNO VICKI A 960K ST 13290 SW MENLOR AVE 97223 TIGARD, OR 97223 2S108AB-01601 2SI05DD-03300 B \L MOUNT N-153RD CANOVA JOSEPH HENRY & ASS I LLC FIONA MEEGAN 9^TLLAN K ST 13535 SW NAHCOTTA DR P OR 972 23 TIGARD, OR 97223 2S105C13-09100 2S105CD-06800 BURNS DAVID E & KUNSUK CARLAW JAMES E 13780 SW 159TH TER 15827 SW BRISTLECONE WAY TIGARD, OR 97223 TIGARD, OR 97223 2S105CD-0850U 2S105D13-01200 BURRIS RICHARD CARLSON LESTER R 15895 SW TUSCANY ST 14905 SW SUNRISE LANE TIGARD, OR 97223 TIGARD, OR 97224 r 2S105CD-02000 2S105CD-09000 BUSH THOMAS S JR & MARY S CARNESE GREG S & JACQUE L 13845 SW 158TH TERRACE 13762 SW 159TH TER TIGARD, OR 97224 TIGARD, OR 97223 2S108AA-03600 2S105CA-26100 BUSHNELL DANIEL E & CATHY L CARTER DAWN R & NORMAN E 14023 SW 147TH TERR 6420 SW PARKHILL WAY TIGARD, OR 97224 PORTLAND, OR 97239 2S105DC-00101 2S105DD-01300 CACH CHRISTOPHER J & SHERI L CASH DWIGHT C PAULA L 15170 SW SUNRISE LN 14885 SW SUNRISE LN TIGARD, OR 97223 TIGARD, OR 97223 2S105DG-00300 2S105DD-01400 CACH FAMILY REV TRUST THE & CA C PAULA L CACH GERALD C CRD SHLT TRUST 1488 SUNRISE LN BY LISA A/JOAN L CACH CO-TRS T ARD, 0 7223 6003 4TH AVE NE 6EATTLE, WA 98115 0513C-00400 2S105DA-16100 CA FAMILY EV TRUST THE & CASSIDY BRIAN & KIRSTEN CACH C CRD SHLT TRUST 13375 SW SANDRIDGE DR BY LIS OAN L CACH CO-TRS TIGARD, OR 97223 6 4TH A NE 368 TTLE, WA 98115 2S105DS-01400 2S105CD-07600 CERNY DAVID CLEAN WATER SERVICES 15374 SW FIRTREE DR 2550 SW HILLSBORO HWY TOA OR 97223 HILLSBORO, OR 97123 2S108AA-04300 2S108BA-06800 y CHABRECK THOMAS E & RUTH A CLEVELAND ROBERT & LEAH 14612 SW PEAK CT 15522 SW ROSHAK RD TIGARD, OR 97224 TIGARD, OR 97224 2S108AA-05100 2S108AB-01603 CHAN ALEXANDER P & COFFMAN GWYNN G & SUSAN M CHAN LENA MALTA 15250 SW BULL MOUNTAIN RD 14580 SW GRANDVIEW LN TIGARD, OR 97224 TIGARD, OR 97224 2S108BA-05000 2S104CC-06100 CHIAPUZIO AVIS L FAMILY TRUST COLSON WILLIAM D & BY AVIS L CHIAPUZIO TR TANYA SUE 15615 SW ROSHAK RD 14464 SW MISTLETOE DR PORTLAND, OR 97224 TIGARD, OR 97224 2S105DB-05100 2S105CA-11500 CHIH FU-CHIN CONKLEY KAREN M 15310 SW FIRTREE DR 13262 SW 157TH AVE TIGARD, OR 97223 TIGARD, OR 97223 2S105DD-07000 2S105DD-01000 CHING WAYMAN & HOLLY CORLISS JAMES L REV 14675 SW KUPSAN CT INTER VIVOS TRUST TIGARD, OR 97223 BY JAMES L CORLISS TR PO BOX 23970 TIGARD, OR 97281 2S105AG-07100 2S105DD-01100 CHIU MICHAEL Y & HELEN H C LISS JAM L REV 15308 SW ROUNDTREE DR I VIVO RUST TIGARD, OR 97223 BY JA L CORLISS TR PO 2 0 ARDOR 7281 2S105DD-03600 2S108AA-02500 CHOI SUNG & JANET CORRY DONNA 13445 SW NAHCOTTA DR 14739 SW GRANDVIEW LN TIGARD, OR 97223 TIGARD, OR 97224 2S105DA-07900 2S105DD-00400 CLARK ARIN A CORTESE ANGELO & 13356 SW 148TH AVE CORTESE ROSINA A CO-TRS TIGARD, OR 97223 15175 SUNRISE LN TIGARD, OR 97223 005CD-03900 2S105DD-00500 CLAUNCH ROBERT & CORTESE FAMILY TRUST SMITH CYNTHIA L BY ANGELO/ROSINA A CORTESE TRS 15776 SW BRISTLECONE WAY 15175 SW SUNRISE LN TIGARD, OR 97223 TIGARD, OR 97224 369 2S108AB-01300 2S105DA-00400 CORTESE VITO P & FELICITY J DAVIS MICHAEL K & JEANNE R 15395 SW BULL MOUNTAIN RD 5970 SW SPRUCE v D, OR 97224 BEAVERTON, OR 97005 2S105DD-00100 2 105DA-00500 COSTIUC CONSTANTIN & ADRIANA DA MIC L K AND JEANNE R PO BOX 230943 5970 SPRUCE PORTLAND, OR 97281 RT OR 97005 k10 SDD-0190 2S105DA-16700 CO IU ONSTANTINE & ADRIANA DAYAL PEEYUSH & RITU P943 13290 SW NAHCOTTA DR , OR 9 7281 TIGARD, OR 97223 2S105DD-02100 2S1050B-04900 COSTIUC COSTANTIN & ADRIANA DEANGELIS KEVIN J & TAMMY J PO BOX 230943 15286 SW FIRTREE DR TIGARD, OR 97281 PORTLAND, OR 97223 _;()D-021 2 105DD-0210 2S105CD 04700 IU OSTANTIN & ADRIANA DERRY DAWN & JACQUELINE PO 30943 15854 SW BRISTLECONE WAY ARD, 97281 TIGARD, OR 97223 2S105CA-22400 2S105DD-04600 CROWLEY STEPHENBARBARA & DIETERICH DERALD D/JUDY L MCFARLAND BARBARA 13590 SW SANDRIDGE DR 6355 SW DOLPH DR TIGARD, OR 97223 PORTLAND, OR 97219 2S106CA-25800 2S105DD-02800 CUTAR MIRCEA & ADRIANA DOAN PHAT & 15912 SW SUNDEW DR VO LIEM TIGARD, OR 97223 13665 SW NACHOTTA DR TIGARD, OR 97223 2S105DA-07200 2S105CA-20200 CUTRIGHT YVONNE DONG JIAN CHENG & 14808 SW FERN ST SUN GUI FU & TIGARD, OR 97223 DONG LI 15605 SW BRISTLECONE WAY TIGARD, OR 97223 2S105DB-04300 2S105CA-18700 DADU SAURABH DORSETT DANIEL S & JOYCE P 15265 SW FIRTREE DR 15861 SW SUNDEW DR TIGARD, OR 97223 TIGARD, OR 97223 ,05AC-01300 2S105DD-04900 DASTANAI ASGHAR & DOYLE BERNADETTE L & BRIAN D MOHAMMADI PARVANEH 13680 SW SANDRIDGE DR 13056 SW 154TH AVE TIGARD, OR 97223 TIGARD, OR 97224 370 2S105DD-05900 2S108AA-05300 DRAIN JOHN W & KAREN L FERDINAND STEPHEN E & MARY L 13625 SW SANDRIDGE DR 14652 SW GRANDVIEW LN TOP, OR 97223 TIGARD,-OR 97224 2S105CA-19000 2S108AA-04600 DUNCAN JAMES P & BOBBIE L FISHER BRIDGET E 15837 SW SUNDEW DR 14678 SW PEAK CT TIGARD, OR 97223 TIGARD, OR 97224 2S108AB-01001 2S105DA-08700 DUNN DAVID R & CHRISTINE A FIXTER MARK & KATHERINE 15295 BULL MTN RD 14957 SW FALKLAND CT TIGARD, OR 97224 TIGARD, OR 97223 2S105DD-00200 2S104CC-03200 DYER JON E FLOOM JAY C & AMY D PO BOX 848 13992 SW HILLSHIRE DR LAKE OSWEGO, OR 97034 TIGARD, OR 97223 2 MD-003 2S105DB-01900 DY J FLOYD LYDIA PO 848 15379 SW FIRTREE DR E OS GO, OR 97034 TIGARD, OR 97223 0 2S 1 05CA-07700 2S105CA-11800 EDWARDS JOHN FONG LAWRENCE LUNG-WAH & 13226 SW YARROW WAY SATOKO HIMUKASHI TIGARD, OR 97223 13143 SW YARROW WAY TIGARD, OR 97223 2S108AA-05200 2S108AA-02600 EHRENFELT TRACEY S & JEAN M FOSTER DOUGLAS D & SANDRA LAREE 14616 SW GRANDVIEW LN 14727 SW GRANDVIEW LN TIGARD, OR 97224 TIGARD, OR 97224 2S105CA-08900 2S105DD-06400 ELLIOTT RICHARD A & BRENDA M FRANK KRISTINA L 13130 SW YARROW WAY 13515 SW SANDRIDGE DR TIGARD, OR 97223 TIGARD, OR 97223 2S105CD-03600 2S105DB-00900 ESHLEMAN SCOTT T & FRASCA DAWN M GRAYSON KIM R 13165 SW 154TH AVE 15752 SW BRISTLECONE WAY TIGARD, OR 97223 TIGARD, OR 97223 005CA-06900 2S108AA-02700 FAUTH BRIAN T & KATRINA M FREEMAN LEE F & DONNA 13290 SW YARROW WAY 14719 SW GRANDVIEW LN TIGARD, OR 97223 TIGARD, OR 97224 371 2S1o5CD404900 2S105CA-0280o FREIER RUSSELL EDWIN & PAMELA R GORTMAKER GREGORY & 15870 SW BRISTLECONE WAY NORDQUIST ERICA T~D, OR 97223 15644 SW WINTERGREEN ST TIGARD, OR 97223 2S105CD-01700 2S105CA-08300 FROOM THEODORA M & TEDDY E JR GRAY FELTON & KASEY 15675 SW BAKER LN 13178 SW YARROW WAY TIGARD, OR 97224 TIGARD, OR 97223 2S105AC-06800 2S108BA-05300 GARRETT MICHAEL D & STEPHANIE M GRESS JAMES L & 15329 SW WINTERGREEN ST JULIE M TIGARD, OR 97223 14055 SW 157TH PL TIGARD, OR 97224 2S108AA-03200 2S105DD-07600 GENSLER CHRISTOPHER L & ROBIN L GROSS MITCHELL J & CORINE 14736 SW PEAK CT 13815 SW SANDRIDGE DR TIGARD, OR 97224 TIGARD, OR 97223 2S105CA-19600 2S108AA-04100 GILBERT JEREMIAH GUSTAFSON KEITH & EMILY 15691 SW BRISTLECONE WAY 14623 SW PEAK CT TIGARD, OR 97223 TIGARD, OR 97224 • 2S105D8-01300 2S105AC-01100 GLEASON ERIC W & GUTHRIE ALLAN S LINDSEY JULIE D 15377 SW WINTERGREEN ST 15386 SW FIRTREE DR TIGARD, OR 97223 TIGARD, OR 97223 2S1088A-06100 2S105CA-02300 GLOS RODGER M & SHIRLEY A GWINN WILLIAM E 14235 SW KOVEN CT 15548 SW WINTERGREEN ST TIGARD, OR 97224 TIGARD, OR 97223 2S105AC-06900 2S105DB-02000 GOMAN WILLIAM C & JANET V HA RUTH 15341 SW WINTERGREEN 15391 SW FIRTREE DR TIGARD, OR 97223 PORTLAND, OR 97223 2S105CA-08600 2S108AA-03000 GOODMAN GEOFFREY HAAS JOINT TRUST 13154 SW YARROW WAY BY MELVIN C & PATRICIA A HAAS TRS TIGARD, OR 97223 14708 SW PEAK CT , PORTLAND, OR 97224 (105CD-01100 2S105CA-23200 GORDER CHARLES F AND HACKNEY TERI A & H DEAN GRIEST CAROL L 15664 SW BRISTLECONE WAY 15630 SW BAKER LN TIGARD, OR 97223 TIGARD, OR 97224 372 i 2S108AA-03900 2S108AB-01500 HAGER JAMES J & MICHELE J HERNANZ FAMILY TRUST 14659 SW PEAK CT BY HERNANZ HIPOLITO & MARILYN R TR T, OR 97224 15420 SW BULL MOUNTAIN RD TIGARD, OR 97224 2S108BA-04600 2S105DB-04800 HALVORSON CHARLES H AND HERRING SANDY H & KAREN R ELIZABETH W 15565 SW ROSHAK RD 13186 SW 153RD AVE TIGARD, OR 97224 TIGARD, OR 97223 2S105DD-03400 2S108BA-06400 HAMNOIE HOSSEIN & MICHELLE HERSHBERGER JOHN E & R JANE 13465 SW NAHCOTTA DR 14319 SW KOVEN CT TIGARD, OR 97223 PORTLAND, OR 97224. 2S105CD-07200 2S1051)8-03600 HARMAN DOUGLAS W & TARAN V HESTMARK THOMAS A 15851 SW BRISTLECONE WAY 15246 SW FIRTREE DR TIGARD, OR 97223 TIGARD, OR 97223 2S105CA-07100 2S105CD-08900 HARRINGTON RYAN A HILL DAVID W & ANGELA A 910 NW NAITO PKWY #1-11 13746 SW 159TH TER PORTLAND, OR 97209 TIGARD, OR 97223. 2S105DD-04100 2S105CA-02700 HARROLD DENNIS P & MICHELLE R HILLIARD PEGGY REVOC TRUST 15165 SW COPPER CT BY PEGGY HILLIARD TR BEAVERTON, OR 97007 15628 SW WINTERGREEN ST TIGARD, OR 97223 2S105CA-19900 2S108AB-01400 HAYES JERALD B & HILLIARD TERESA B SORIANO MARISSA A 15345 SW BULL MOUNTAIN RD 15629 SW BRISTLECONE WAY TIGARD, OR 97224 TIGARD, OR 97223 2S105DD-02200 2 105DA-10300 HEDEMANN EDWARD & HIL HI REEK ESTATES NO.4 PETERSON YVONNE OWN S OF LOTS 132-192 13620 SW BEEF BEND RD SP 21 TIGARD, OR 97224 2Si05DB 00300 2 105DA-10500 HEINO SCOTT E & HIL IRE EEK ESTATES NO.4 CLARK HEATHER A OWN OF LOTS 176-185 13370 SW MENLOR LN TIGARD, OR 97223 005DB-00200 2S105CA-07600 H SCOTT & HO MOON KUL & CLAR ER A YOUNG HEE 1337 NLOR LN 13234 SW YARROW WAY T RD, OR 7223 TIGARD, OR 97223 373 2S105CD-00800 2S1051)B-02100 HOCKER STEPHEN R & REBECCA A HUFFMAN RONALD M 13980 SW 158TH TERRACE 405 SW 169TH PL Tjr, OR 97224 BEAVERTON, OR 97006 2S105CA-19800 2S105DB-04100 HOLSINGER KARIN HUNT LEE D & GEORGIA M 15637 SW BRISTLECONE WAY 15281 SW FIRTREE DR TIGARD, OR 97223 TIGARD, OR 97223 1 2S105DD-05200 2S105D6-05400 HONBERGER STEVEN F & HUNT TODD & MELISSA J FOX INGER C 15319 SW FIRTREE DR 13805 SW SANDRIDGE DR TIGARD, 0& 97223 TIGARD, OR 97223 2S105DD-07500 2S1051)D-01600 HONIGBERG DARREL A & AMY J INMAN LIVING TRUST 13825 SW SANDRIDGE DR BY INMAN LESLIE W & CAROL A TRS TIGARD, OR 97223 15630 SW GREENS WAY TIGARD, OR 97224 . 2S105CA-01800 2S105CA-08200 HOU DAVID & KHENG-SHAAN IRVING MICHAEL J & BENNETTE M 15619 SW WINTERGREEN ST 14693 SW FERN ST TIGARD, OR 97223 TIGARD, OR 97223 • 2S105CA-25700 2S105CA-18400 HOUK LARRY M & LAURALEE JOSEPH RONALD G & REYNA S 15920 SW SUNDEW DR 15885 SW SUNDEW DR TIGARD, OR 97223 TIGARD, OR 97223 2S105CD-09300 2S108BA-05100 HOUSTON BRIAN J & NICOLE Y JOSEPHSON GREGG R & JOYCE M 13826 SW 159TH 14000 SW 157TH PL TIGARD, OR 97223 TIGARD, OR 97224 2S105DA-08100 2S105CD-02600 HOWARD JESSICA D & MICHAEL J JOSEPHSON REV LIV TRUST 14916 SW FALKLAND CT BY JOYCE/GREGG JOSEPHSON TIGARD, OR 97223 14000 SW 157TH PL TIGARD, OR 97224 2S105CD-07300 2S105CD-02500 HSIEH MAO-RONG & JO PHSON V LIV TRUST SHIH ME[-FENG BY JO REGG JOSEPHSON 15859 SW BRISTLECONE WAY 140 7TH PL TIGARD, OR 97223 ARDOR 224 005CA-18100 2S105CA-06600 HUANG SHING TAI & CHAI SHIU KACHNIK EDWARD J & 11030 SW GOLDFINCH TERR KACHNIK MARIAH BEAVERTON, OR 97007 13330 SW 157TH AVE TIGARD, OR 97223 374 2S105CA-25600 2S108AA-03400 KALINKE JANICE M KISER MELISSA J & JOHN W 15928 SW SUNDEW DR 14727 SW PEAK CT D, OR 97223 TIGARD, OR 97224 2SI05CA-11700 2S105DD-06300 KANAI GARRET T & KNOTZ JAMES M & DEBRA ANN KATHERINE L 13535 SW SANDRIDGE DR 13214 SW 157TH AVE TIGARD, OR 97223 TIGARD, OR 97223 2S108BA-07100 2SI08BA-07500 KARDAS CHRISTOPHER R & LOUISE M KOVEN HEIGHTS HOMEOWNERS' ASSOC 14304 SW KOVEN CT PO BOX 661 TIGARD, OR 97224 PORTLAND, OR 97207 2S105CD-03700 2 08BA-07600 KELLY JASON B & BRITTANIE KO HTS OWNERS OF 15760 SW BRISTLECONE WAY LOT -14 TIGARD, OR 97223 2S105CD-08600 2S105DB-03900 KEMP JAMES E KRABY DAVID W & CHRISTINA R 15883 SW TUSCANY ST 15270 SW FIRTREE DR TIGARD, OR 97224 TIGARD, OR 97223 2S105DA-08200 2S105DA-08800 KEYS RENTAL HOLDING COMPANY 11 L KRAUS CHRISTINA A & GLENN A PO BOX 7211 14933 SW FALKLAND CT BEAVERTON, OR 97007 TIGARD, OR 97223 2S105DA-08300 2S105CD-01000 K RE HOLDING COMPANY II L KRAUTHOEFER WILLIAM R AND PO B 11 DONNA J B ERTON, R 97007 15680 SW BAKER LANE TIGARD, OR 97224 2SI05DA-09300 2S105CA-11600 KEYS SEAN T KUANG SHAO XUAN & EVA LAM 9755 SW BARNES RD $210 13236 SW 157TH AVE PORTLAND, OR 97225 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DARIN & TRISHA THOMPSON ERIC L & SARAH J 14585 SW GRANDVIEW LN 13040 SW 154TH AVE TIGARD, OR 97224 TIGARD, OR 97223 2S105DB-03500 2S108RA-06600 TACKER BRIAN TIEDEMANN BEVERLY J TRUSTEE 15238 SW FIRTREE DR PO BOX 23175 TIGARD, OR 97223 TIGARD, OR 97281 005CA-12400 2S108AA-03700 TALLMAN JAMES L TIEDEMANN MICHAEL A & SUSAN A 8435 SW 175TH AVE 14010 SW 147TH TERRACE BEAVERTON, OR 97007 TIGARD, OR 97224 385 2S105DB-06100 2SI05DB-05500 TIG C OF TUCKER LARRY L & 1312 LL BLVD SOLIS-TUCKER MARGARITA D, OR 97223 15331 SW FIRTREE DR TIGARD, OR 97223 2S1051)B-06200 2S105DA-07100 TI OF URBINA DAVID A 1312 KD97223 L BLVD 14806 SW FERN ST T TIGARD, OR 97223 2S10400-01 2S105DB-02400 I TY OF VAISBERG JAIME & CONNIE I 131 HALL BLVD 15348 SW WINTERGREEN TiltARD, 97223 TIGARD, OR 97223 2S10513 C-0020 2S105DM5700 T RD C OF VANHOOSEN SCOTT D & REBECCA R 1312 HALL BLVD 15336 SW WINTERGREEN ST T D, 97223 TIGARD, OR 97223 2S105DB-00400 2S105D8-05000 TIGARD WATER DISTRICT VANHORN EDWARD E & MARY BETH 8777 SW 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YARROW WAY TIGARD, OR 97224 LAND, OR 97223 2S105CD-02700 2S105CD-09200 VU TRUNG & WEAVER SCOTT A & MARIA E VU THU-TRAM THI 13804 SW 159TH TER 13168 SW SHAKESPEARE ST PORTLAND, OR 97223 KING CITY, OR 97224 2S10BBA-00700 2S105DB-03400 WAEGE PATRICK L & DEBRA J WEBSTER HENRY L JR & 15685 SW BULL MOUNTAIN RD MONIKA E TIGARD, OR 97224 15230 SW FIRTREE DR TIGARD, OR 97223 2S105DD-00600 2S105CA-25400 WALSH LEIGHTON WEISGERBER GREG A & 15169 SW SUNRISE LN HEMPEL DEANNE M PORTLAND, OR 97224 15944 SW SUNDEW DR TIGARD, OR 97223 2S105DD-00700 2S105DA-16500 WALSH LEIGHTON WELLS CORDELL LEE & 15165 SW SUNRISE LN LYNEA L TIGARD, OR 97224 14535 SW KLIPSAN LN TIGARD, OR 97223 2S1o5CD-04000 2S108AA-05400 WALTER JUDITH L & WERNER MARIL J HAMILTON CAMERON 14694 SW GRANDVIEW LN 15792 SW BRISTLECONE WAY TIGARD, OR 97224 TIGARD, OR 97223 2S1051)"0500 2S104CC-03100 WARD CLEVE D & JANICE E WESTVOLD JOEL D & CATHERINE S 15140 SW SUNRISE LN 13998 SW HILLSHIRE DR TIGARD, OR 97224 TIGARD, OR 97223 2S109BB-02906 2S105DB-01200 WARD HELEN L WEYGANDT MICHAEL T & STACI J 14085 SW 144TH AVE 13219 SW 154TH AVE TIGARD, OR 97224 TIGARD, OR 97223 2S105DA-00601 2S105D8-00100 WASHINGTON COUNTY WHITE LEON D FACILITES MGMT 15180 SW SUNRISE LANE 169 N FIRST AVE MS42 TIGARD, OR 97224 HILLSBORO, OR 97124 05CD-07 0 2S105D6-00500 WAS GT COUNTY WHITE LEON D AND CAROL A FACILI GMT 15180 SW SUNRISE LANE 169 RST MS42 TIGARD, OR 97224 SBORO, OR 97124 387 2S108BA-06300 2S105DD-05600 WHITE TERENCE E & LORI C WINATA SUSAN & .14291 SW KOVEN CT SOON STEPHEN K H D. OR 97224 13685 SW SANDRIDGE DR TIGARD, OR 97223 2S105CA-23700 2S105DD-05300 WHITELEY-ROSS GENE V/ERIN WISHER LARRY J & KELLIE M 15704 SW BRISTLECONE WAY 13785 SW SANDRIDGE DR TIGARD, OR 97223 TIGARD, OR 97223 2SIGSAA-00200 2S105AC-06600 WHITING FRANK J & JANICE M WOODRUFF DARREL M & KRISTI M 14800 SW SUNRISE LANE 13090 SW 153RD TER TIGARD, OR 97224 TIGARD, OR 97223 2SI05CA-08700 2S708BA-04700 WIESE RANDALL L AND SHELLY WRIGHT DOUGLAS T & MONICA C 13146 SW YARROW WAY 15585 SW ROSHAK RD TIGARD, OR 97223 TIGARD, OR 97224 2S108AB-01602 2S1 0013-00800 WILKINSON GREGORY S YASUDA EIETSU 15380 SW BULL MOUNTAIN RD 13141 SW 154TH AVE TIGARD, OR 97224 TIGARD, OR 97223 0 2S105CA-11400 2S105CA-19700 WILLIAMS CATHIE L YATSKOVA GALINA & 13288 SW 157TH AVE BORIS TIGARD, OR 97223 15645 SW BRISTLECONE WAY TIGARD, OR 97223 2SI08AA-04400 2S105DA-16900 WILLIAMS JEFFREY ALLEN & YEE CHRISTIAN C & JENNY T WILLIAMS JUIE MARIE 13270 SW NAHCOTTA DR 14634 SW PEAK CT TIGARD, OR 97223 TIGARD, OR 97224 2S108AB-00900 2S105CA-01900 WILLIS JAMES LMIARTI M YEE STANLEY & 15285 SW BULL MTN RD SALAMA DEENA M TIGARD, OR 97223 15605,5W WINTERGREEN PORTLAND, OR 97223 2S105DA-16400 2SI05DD-00900 WILSON NICHOLAS G/SUNI A YOUNGER NANCY 14565 SW KLIPSAN LN 15065 SW SUNRISE LANE TIGARD, OR 97223 TIGARD, OR 97224 *OaAA-04200 2S105D8-05800 WILSON RIC JAMES YUEN ZEKIEL S 14601 SW PEAK CT PO BOX 3059 TIGARD, OR 97224 EUGENE, OR 97403 388 2S105CO-03800 ZANGER DOUG & JILL 15768 SW BRISTLECONE WAY D, OR 97223 2S105CA-26200 ZANGERLE WILLIAM & JULEANNE 15880 SW SUNDEW DR TIGARD, OR 97223 2S105CA-08000 ZHOU SHAO ZENG & WU NING-KING 13202 SW YARROW WAY TIGARD, OR 97223 2S108BA-04800 ZICKUHR CLARENCE J & BARBARA K 15605 SW ROSHAK RD TIGARD, OR 97224 2S105CA-07200 ZWETSCHKE KRISTOPHER A & LINDA M 10706 SW 63RD PL ~RTLAND, OR 97219 389 Charlie and Lade Stalzer 1 SW Juliet Terrace Ti rd, OR 97224 Craig Smelter PO Box 1467 Tualatin, OR 97062 Harold and. Ruth Howland 13145 SW Benish Tigard, OR 97223 Kevin Hogan 14357 SW 133rd Avenue Tigard, OR 97224 Gretchen Buehner 13249 SW 136th Place rd, OR 97224 CPO 4B Holly Shumway, Chair 14535 SW Woodhue Street Tigard, OR 97224 Beverly Froude 12200 SW Bull Mountain Road Tigard, OR 97224 Barry Albertson 15445 SW 150th Avenue Tigard, OR 97224 John Frewing 7110 SW Lola Lane Tigard, OR 97223 CPO 4B 16200 SW Pacific Highway, Suite H242 Tigard, OR 97224 390 CITY OF TIGARD - WEST INTERESTED PARTIES (no. I of n (i:\curDln\setuD\Iabels\CIT West.docl UPDATED: 21-Seo-04 City of Ti and Contact: Beth St. Amand ZCA2006-00002 SW Hall Blvd. CACH CREEK AREA ANNEXATION I, OR 97223 City of Tigard Contact: Dennis Koellermeier 13125 SW Hall Blvd. Tigard, OR 97223 Ti nd Water District P3 Box 23000 Tigard, OR 97223 Trust for Public Land 806 SW Broadway, # 300 Portland, OR 97205 Brentwood Homes Contact: John Noffz 15170 SW Finis Lane ard, OR 97224 Jon Dyer PO Box 848 Lake Oswego, OR 97304 391 N M 6ULRUS ' , 00 RO NDTR E VN/l GEOGRAPHIC INFORMATION eVaTEM a a le Q ri aQ ° Q S AREA NOTIFIED U no z (500') Z 10 A 1 11 - WAY W e Q fottno a / oo LL I As o7 le 603 10 ti°OUp DI 71 0 ! to l 0 0101, I m J SW as o Z ri u ~ oils 1 1 I a 1 l C LINA C.1 , p I 11 00 F EE DR ri 1 101 maatln°---~~-_'--- , M 11 10 mOls.WOa , m oil oil I ls 83 0 FOR: City of Tigard al !o m au a e1 u , u A 0t In Ina 031 ls at OA 0 maul 00 0.0 0. n 0 Al a BID a Annexation 1 01 u lug 030.0 ma0.001a al go mulo F K to MA a asuaol 1711,1111 a App m A a° RE: ZCA2006-00002 ONE in a uri ma0al3ll in 0 ° 0 As I At • u 17 0 ,e 03031 a II 0 als muplootoo as 1ri 703 03000 SW S OEW O 01 0. t ri Oun p 7 1001 0 ue o1 ri C.n 01 also 00 a m040091008 u e l all p I a ri 1 1 Ila ee ° p 1 ° 01 A ° s f a Ca 1 of co ls 01 m060a0110 us me o Property owner Information at 0 0 ° cp muclono ° 00 aols 0319 Is valid for 3 months from o° l of ee ° maollosoa to the date printed on this ma ° mwa"* ma polo 0303 a p• r1 rno ,ea ~ l ri w1a 030003 o asglis as a 01 a ma°alm t1a1a lls wa 0 ° a0ogeeo maoomao cal o mwalola aalole ° 000030 pp ag oaeal ° BID 000 00 1 a assets 00 0 mail m 00 o Og0110 a0g11 ° a00hlo ogm ao Qe 00 ool 1 wloll ma in p ! aoao KER LN aaoono N~S>1 allies 0310001 0 maapna malso77ol m eC t0 a°QOII o no 0 mM000ri11 oe of o so mwcoouo An 03010tte aCgOI B m"Dallll mlsCQOa goo of 031111016 0 usaal union mlluomo mg0saua 0m Do 051101 - mlsaa° mouall auom gaol le aw maula00 memoem Olw mlwlia 1w 1 w olala OOYOL Iaa1l1 ° • wloao mowooua 106111607 alo ~ gewi ~p so N mOeAAQOas Oews ° k11G COLO PL 40 otum maulna no° maulaa momome el a also! lsuaml in a m gl aw o e o 1o 0 400 800 Feet eA in u aaoao m03aa17o0 030311! W !f /0 0 00 1"= 348 feel S 2111111 > mguuoo/ol m luo me m ° select m in 00 < meassio l m an ON a 0 pp aaal CJ a nuae s al a nine a awls) nun a Deal wl 8' 7 IweOn ! m01a00100 a.1of0 031.10 oulm guns o names naive information on this mop Is for general location only and aa/n auol y UNT N should be verified Will the Development Service/ Division. 13128 SW Hell Blvd aw a pw lens= TigagMIL 87223 B NTAIN RD "am I in 1 ~ oil r http: M palyd.or.us C m u it el men _ Plo te: Aua 3. 2006: C:\maa1c\MAGIC03.APR 2SI05AC-00600 2S105CD-02800 13051 SW 154TH TIGARD OR LLC AMAYA ANA M 8700 SW CREEKSIDE PL #A 15813 SW SUNDEW DR 0ERTON, OR 97008 TIGARD, OR 97223 2S105DA-16200 2S105CD-06700 ADYANI MEHRAN & SOHEILA AMII JAMES M 14615 SW KLIPSAN LN 15819 SW BRISTLECONE WAY TIGARD, OR 97223 TIGARD, OR 97223 2S105D6-01100 2S105DD-04400 ALCOVER WINNIE B AMIRI MOHAMMAD R & TERI D 13207 SW 154TH AVE 13550 SW SANDRIDGE DR TIGARD, OR 97223 TIGARD, OR 97223 2S108AB-00102 2S105DA-07400 ALDERTON DONALD L TRUST & ANDERSON JILL ALDERTON JUANITA C TRUST 14812 SW FERN ST BY DONALD L ADLERTON TR TIGARD, OR 97223 PO BOX 231117 TIGARD, OR 97281 2S108AB-00101 2S108AA-00400 A ERTON DONALD TRUST & APAU RICHARD K & LISA M ALD TON JUA C TRUST 14890 SW SUNRISE LN j BY ED, L ADLERTON TR TIGARD, OR 97224 O 17 OR 7281 2S105CD-04100 2S105CA-23300 ALDRIDGE CLAUDE A & ARADINE JEFFREY P/DIANA M KATHY K 15672 SW BRISTLECONE WAY 15814 SW BRISTLECONE WAY TIGARD, OR 97223 TIGARD, OR 97223 2S105AC-00700 2S105CA-25100 ALEAZIZ FARZAD ARBOW DAVID N & MONICA L 13067 SW 154TH AVE 15834 SW SUNDEW DR PORTLAND, OR 97223 TIGARD, OR 97223 2SI05CA-07500 2S105CD-04800 ALLEN MICHAEL G ARNOLD MARK W & KELLY A 13242 SW YARROW WAY 15862 SW BRISTLECONE WAY TIGARD, OR 97223 TIGARD, OR 97223 2S105CA-18500 2S105CD-09400 ALTIG JANIS K ARONSON PAUL D & 15877 SW SUNDEW DR CHRITTON-ARONSON PAMELA J TIGARD, OR 97223 13848 SW 159TH TER TIGARD, OR 97223 105DD-06500 2S104CC-03000 ALVAREZ DAVID F & JENNIFER S AUBE GREGORY R & KAREN H 13495 SW SANDRIDGE DR 13999 SW HILLSHIRE DR TIGARD, OR 97223 TIGARD, OR 97223 393 2S105CA-19400 2S1051)13-00700 AUGUST THOMAS A & SUSAN A BELMORE GERALD E/TANGIE R & 15707 SW BRISTLECONE WAY WOOD ERVIN ~RD, OR 97223 12091 SW WHEATLAND DR SHERWOOD, OR 97140 2S105CD-03500 2S108AA-03800 BABCOCK FAMILY TRUST BENEDICT MILES K & SHARI M BY HAROLD C BABCOCK TR 14036 SW 147TH TER 13401 ATWATER LN TIGARD, OR 97224 LAKE OSWEGO, OR 97034 2S105CD-04500 2S108AA-00801 BABER ANDREW R BENNINK GREG S AND 4945 SANDRIFF CT BENNINK TRACE R FLORENCE, OR 97439 14210 SW 150TH TIGARD, OR 97224 2S105DD-03900 2S105DA-09000 BAKHSH FARIBA BERRYHILL MEREDITH 13440 SW SANDRIDGE DR 14913 SW FALKLAND CT PORTLAND, OR 97223 TIGARD, OR 97223 2S105CD-08400 2S105CA-00400 BARBER CYNTHIA A & JAMES E BIKEL KAREN L 15901 SW TUSCANY ST 15505 SW BULRUSH LN PORTLAND, OR 97223 TIGARD, OR 97223 2St08AB-01502 2S105DD-04300 BARRETT PATRICIA ANN BILLINGS MARK/MICHELLE L 15556 SW BULL MTN RD 13530 SW SANDRIDGE DR TIGARD, OR 97224 TIGARD, OR 97223 2S105DA-08900 2S105CA-12200 BARTLETT FAMILY REVOC LT BILOZERTCHEV DMITRI & OLGA BY SUSAN BARTLETT TR 4495 BRIXSHIRE DR 14925 SW FALKLAND CT HILLIARD, OH 43026 TIGARD, OR 97223 2S105DB-03700 2S105DA-17100 BASS ANTHONY R & JENNIFER L BLODGETT NEAL G & SHERYL CAOILI 15254 SW FIRTREE DR 13255 SW NAHCOTTA DR TIGARD, OR 97223 TIGARD, OR 97223 2S105DD-03700 2S108AA-00300 BEACH PETER G & HEATHER A BLOUDEK WILLIAM J JR AND 13425 SW NAHCOTTA DR JEANANNE M TIGARD, OR 97223 14880 SW SUNRISE LANE TIGARD, OR 97223 0 05D"2200 2SI05CD-03300 CKER JUDY BODINE CHARLES V 15372 SW WINTERGREEN 15728 SW BRISTLECONE WAY TIGARD, OR 97223 TIGARD, OR 97223 394 2S1096C-07000 2S105CA-23500 BONNEVILLE POWER BROWN AMY ADMINISTRATION 15688 SW BRISTLECONE WAY ANE HOLLADAY TIGARD, OR 97223 LAND, OR 97232 2S105AC-06500 2S105CD-04300 BOUTILIER CHARLES 0 & BROWN JAMAAL WEI-JUH VIRGINIA M 15830 SW BRISTLECONE WAY 13062 SW 153RD TIGARD, OR 97223 TIGARD, OR 97223 2S105AC-01000 2S105CD-01900 BOWLES COLLEEN A BROWN SCOTT & SHANNON 15365 SW WINTERGREEN ST 15755 SW BAKER LN TIGARD, OR 97224 TIGARD, OR 97224 2S105CD-02200 2 105CD-01801 BOWMAN MARVIN S & MARTINA R BR S & SHANNON 13875 SW 158TH TERR 1575 AKER LN TIGARD, OR 97224 ARD, 0 7224 Ud- 2S105DA-16800 2S105DA-08400 BOZKUS ZEKI & OMUR BRYANT KEVIN DEWAYNE REV TRUST 13280 SW NAHCOTTA DR BY KEVIN DEWAYNE BRYANT TR TIGARD, OR 97223 736 DAISYFIELD DR LIVERMORE, CA 94550 2S105DD-00800 2S105DA-08500 BRANDS MARK E & WENDY J B NT KEVI DEWAYNE REV TRUST 15155 SW SUNRISE LN BY K WAYNE BRYANT TR TIGARD, OR 97224 736 IS LD DR L ERMORE, CA 94550 2S108BA-07200 2S105CA-18900 BRAZIER STEPHEN C & SONDRA K BUELL TAMMY D 14270 SW KOVEN CT 15845 SW SUNDEW DR TIGARD, OR 97224 TIGARD, OR 97223 2S105CA-11900 2S105CA-22600 BRENNAN PAUL A & SUZANNE C BUHOLZER ARMIN R 13151 SW YARROW WAY 3470 RIVERKNOLL WAY TIGARD, OR 97223 WEST LINN, OR 97068 2S105CA-23900 2S108AA-06200 BRENZA DAVID J & ANGELA J BULL MOUNTAIN HOMEOWNER'S ASSN 15720 SW BRISTLECONE WAY BY VENTURE PROPERTIES INC TIGARD, OR 97223 15555 SW BANGY RD LAKE OSWEGO, OR 97035 05DB-01800 2S108AB-01700 OOKS KRISTIN LITERRY S BULL MOUNTAIN-153RD 15367 SW FIRTREE DR ASSOCIATES LLC TIGARD, OR 97223 9600 SW OAK ST PORTLAND, OR 97223 395 2S108AB-01600 2S105DC-00100 131% MOUNT -153RD CAC AMILY V TRUST THE & ASSO LLC CACH G D C C A SHLT TRUST K ST BY LIS J N L CACH CO-TRS LAND, 97223 60 4TH AVE ATTLE, WA 9 115 2S108AB-01605 2S105DA-00600 L MOUNT -153RD CALCAGNO RICHARD S & S LLC WEBSTER-CALCAGNO VICKI A 96 0K ST 13290 SW MENLOR AVE AS NTLAAN ~ OR 972 23 TIGARD, OR 97223 2S108AB-01601 2S105DD-03300 B MOUNT N-153RD CANOVA JOSEPH HENRY & ASS I LLC FIONA MEEGAN 9600 OAK ST 13535 SW NAHCOTTA DR P TLAN OR 97223 TIGARD, OR 97223 2S105CD-09100 2S105CD-06800 BURNS DAVID E & KUNSUK CARLAW JAMES E 13780 SW 159TH TER 15827 SW BRISTLECONE WAY TIGARD, OR 97223 TIGARD, OR 97223 2S105CD-08500 2S105DD-01200 BURRIS RICHARD CARLSON LESTER R 15895 SW TUSCANY ST 14905 SW SUNRISE LANE TIGARD, OR 97223 TIGARD, OR 97224 905CD-02000 2S105CD-09000 BUSH THOMAS S JR & MARY S CARNESE GREG S & JACQUE L 13845 SW 158TH TERRACE 13762 SW 159TH TER TIGARD, OR 97224 TIGARD, OR 97223 2S108AA-03600 2S105CA-26100 BUSHNELL DANIEL E & CATHY L CARTER DAWN R & NORMAN E 14023 SW 147TH TERR 6420 SW PARKHILL WAY TIGARD, OR 97224 PORTLAND, OR 97239 2S105DC-00101 2S105DD-01300 CACH CHRISTOPHER J & SHERI L CASH DWIGHT C PAULA L 15170 SW SUNRISE LN 14885 SW SUNRISE LN TIGARD, OR 97223 TIGARD, OR 97223 2S105DC-00300 2S105DD-01400 CACH FAMILY REV TRUST THE & CA C PAULA L CACH GERALD C CRD SHLT TRUST 1488 SUNRISE LN BY LISA AIJOAN L CACH CO-TRS T ARD, O 7223 6003 4TH AVE NE SEATTLE, WA 98115 05DC-00400 2S105DA-16100 FAMILY REV TRUST THE & CASSIDY BRIAN & KIRSTEN !60 ACH C CRD SHLT TRUST 13375 SW SANDRIDGE DR Y LIS OAN L CACH CO-TRS TIGARD, OR 97223 4TH A NE TT LE, WA 98115 396 2S105DB-01400 2S105CD-07600 CERNY DAVID CLEAN WATER SERVICES 15374 SW FIRTREE DR 2550 SW HILLSBORO HWY or D, OR 97223 HILLSBORO, OR 97123 2S108AA-04300 2S1088A-06800 CHABRECK THOMAS E & RUTH A CLEVELAND ROBERT & LEAH 14612 SW PEAK CT 15522 SW ROSHAK RD TIGARD, OR 97224 TIGARD, OR 97224 2S108AA-05100 2S108AB-01603 CHAN ALEXANDER P & COFFMAN GWYNN G & SUSAN M CHAN LENA MALIA 15250 SW BULL MOUNTAIN RD 14580 SW GRANDVIEW LN TIGARD, OR 97224 TIGARD, OR 97224 2S108BA-05000 2S104CC-06100 CHIAPUZIO AVIS L FAMILY TRUST COLSON WILLIAM D & BY AVIS L CHIAPUZIO TR TANYA SUE 15615 SW ROSHAK RD 14464 SW MISTLETOE DR PORTLAND, OR 97224 TIGARD, OR 97224 2S1051)6-05100 2S105CA-11500 CHIH FU-CHIN CONKLEY KAREN M 15310 SW FIRTREE DR 13262 SW 157TH AVE TIGARD, OR 97223 TIGARD, OR 97223 2S105DD-07000 2S105DD-01000 CHING WAYMAN & HOLLY CORLISS JAMES L REV 14675 SW KLIPSAN CT INTER VIVOS TRUST TIGARD, OR 97223 BY JAMES L CORLISS TR PO BOX 23970 TIGARD, OR 97281 2S105AC-07100 2S105DD-01100 CHILI MICHAEL Y & HELEN H C LISS JAM L REV 15308 SW ROUNDTREE DR INT VIVO RUST TIGARD, OR 97223 BY JA L CORLISS TR PO 2 0 ARDOR 7281 2S105DD-03600 2S108AA-02500 CHOI SUNG & JANET CORRY DONNA 13445 SW NAHCOTTA DR 14739 SW GRANDVIEW LN TIGARD, OR 97223 TIGARD, OR 97224 2SI05DA-07900 2S105DD-00400 CLARK ARIN A CORTESE ANGELO & 13356 SW 148TH AVE CORTESE ROSINA A CO-TRS TIGARD, OR 97223 15175 SUNRISE LN TIGARD, OR 97223 05CD-03900 2S105DD-00500 LAUNCH ROBERT & CORTESE FAMILY TRUST SMITH CYNTHIA L BY ANGELO/ROSINA A CORTESE TRS 15776 SW BRISTLECONE WAY 15175 SW SUNRISE LN TIGARD, OR 97223 TIGARD, OR 97224 397 2SI08AB-01300 2S105DA-00400 CORTESE VITO P & FELICITY J DAVIS MICHAEL K & JEANNE R 15395 SW BULL MOUNTAIN RD 5970 SW SPRUCE 4RD, OR 97224 BEAVERTON, OR 97005 2SI05DD-00100 2 105DA-00500 COSTIUC CONSTANTIN & ADRIANA DA MIC L K AND JEANNE R PO BOX 230943 5970 SPRUCE PORTLAND, OR 97281 ERT OR 97005 105DD-0190 2S105DA-16700 CO IU ONSTANTINE & ADRIANA DAYAL PEEYUSH & RITU PO 30943 13290 SW NAHCOTTA DR RTLAN , OR 97281 TIGARD, OR 97223 2S105DD-02100 2S105DB-04900 COSTIUC COSTANTIN & ADRIANA DEANGELIS KEVIN J & TAMMY J PO BOX 230943 15286 SW FIRTREE DR TIGARD, OR 97281 PORTLAND, OR 97223 2 105DD-021 0 2S105CD-04700 C IU OSTANTIN & ADRIANA DERRY DAWN & JACQUELINE PARR943 15854 SW BRISTLECONE WAY 97281 TIGARD, OR 97223 005CA-22400 2S105DD-04600 CROWLEY STEPHEN/BARBARA & DIETERICH DERALD D/JUDY L MCFARLAND BARBARA 13590 SW SANDRIDGE DR 6355 SW DOLPH DR TIGARD, OR 97223 PORTLAND, OR 97219 2S105CA-25800 2S105DD-02800 CUTAR MIRCEA & ADRIANA DOAN PHAT & 15912 SW SUNDEW DR VO LIEM TIGARD, OR 97223 13665 SW NACHOTTA DR TIGARD, OR 97223 2S105DA-07200 2S105CA-20200 CUTRIGHT YVONNE DONG MAN CHENG & 14808 SW FERN ST SUN GUI FU & TIGARD, OR 97223 DONG LI 15605 SW BRISTLECONE WAY TIGARD, OR 97223 2S105D6-04300 2S105CA-18700 DADU SAURABH DORSETT DANIEL S & JOYCE P 15265 SW FIRTREE DR 15861 SW SUNDEW DR TIGARD, OR 97223 TIGARD, OR 97223 S OSAC-01300 2S105DD-04900 STANAI ASGHAR & DOYLE BERNADETTE L & BRIAN D MOHAMMADI PARVANEH 13680 SW SANDRIDGE DR 13056 SW 154TH AVE TIGARD, OR 97223 TIGARD, OR 97224 398 2S105DD-05900 2S108AA-05300 DRAIN JOHN W & KAREN L FERDINAND STEPHEN E & MARY L 13625 SW SANDRIDGE DR 14652 SW GRANDVIEW LN To D, OR 97223 TIGARD, OR 97224 2S105CA-19000 2S108AA-04600 DUNCAN JAMES P & BOBBIE L FISHER BRIDGET E 15837 SW SUNDEW DR 14678 SW PEAK CT TIGARD, OR 97223 TIGARD, OR 97224 2S108AB-01001 2S105DA-08700 DUNN DAVID R & CHRISTINE A FIXTER MARK & KATHERINE 15295 BULL MTN RD 14957 SW FALKLAND CT TIGARD, OR 97224 TIGARD, OR 97223 2S105DD-00200 2S104CC-03200 DYER JON E FLOOM JAY C & AMY D PO BOX 848 13992 SW HILLSHIRE DR LAKE OSWEGO, OR 97034 TIGARD, OR 97223 2 OMD-0030 2S105D6-01900 DY JqWE FLOYD LYDIA PO 848 15379 SW FIRTREE DR KE OS GO, OR 97034 TIGARD, OR 97223 905CA-07700 2S105CA-11800 EDWARDS JOHN FONG LAWRENCE LUNG-WAH & 13226 SW YARROW WAY SATOKO HIMUKASHI TIGARD, OR 97223 13143 SW YARROW WAY TIGARD, OR 97223 2S108AA-05200 2S108AA-02600 EHRENFELT TRACEY S & JEAN M FOSTER DOUGLAS D & SANDRA LAREE 14616 SW GRANDVIEW LN 14727 SW GRANDVIEW LN TIGARD, OR 97224 TIGARD, OR 97224 2S105CA-08900 2S105DD-06400 ELLIOTT RICHARD A & 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97223 , 97123 2S105CD-01300 2S105CA-18300 PREDOVIC MARCOS L & VERONICA E P IDE INVESTMENT CO LLC 15540 SW BAKER LN PO B 32 TIGARD, OR 97224 SBOR , R 97123 2S105DD-01500 105CA-1920 PROVIDENCE NEWBERG HEALTH FOUNDA P VID INVESTMENT CO LLC BY PROVIDENCE FOUNDATIONS-OREGON 3975 SW MERCANTILE DR #205 O R97123 LAKE OSWEGO, OR 97035 2S105CA-20300 2S108AB-00800 PROVIDENT INVESTMENT CO LLC PRUHSMEIER CAROL S PO BOX 732 PO BOX 23234 HILLSBORO, OR 97123 TIGARD, OR 97281 02S105DD-048 00 0VESTMENT CO LLC RAHEJA SRAVANI 13660 SW SANDRIDGE DR R 97123 TIGARD, OR 97223 409 2S105AC-01200 2S105CD-01500 RAMIREZ FERNANDO RODGERS LINDA M & RICHARD A 15389 SW WINTERGREEN ST 15585 SW BAKER LN RD, OR 97223 TIGARD, OR 97224 2S105CA-02900 2S105CD-01400 RASK THOMAS R III & SUSAN A RODGERS RICHARD A & LINDA MARIE 8345 SW 11TH AVE 15585 SW BAKER LN PORTLAND, OR 97219 TIGARD, OR 97224 2S104CC-02900 2S105CD-06600 REAM STACEY I & RONCARATI ROCCO M & LINDA M REAM SARAH M 15811 SW BRISTLE CONE WAY 13995 SW HILLSHIRE DR TIGARD, OR 97223 TIGARD, OR 97223 2S105DD-05500 2S105DD-02900 REDDY ASHOK P & ROOT DAIVD CLIFFORD & PANNALA GEETHA DONNA LILY 13725 SW SANDRIDGE DR 13645 SW NAHCOTTA DR TIGARD, OR 97223 TIGARD, OR 97223 2S105DB-04200 2S105DD-04200 REDLER MICHAEL ROSLING STEVEN M JR & EVELYN C 15273 SW FIRTREE DR 13510 SW SANDRIDGE DR TIGARD, OR 97223 TIGARD, OR 97223 25108AA-02900 2S105DB-05300 REECE DARRELL R & PATRICIA A ROSS MICHAEL JOHN & 14703 SW GRANDVIEW LN KIMBERLY ANN TIGARD, OR 97224 15338 SW FIRTREE DR TIGARD, OR 97223 2S105DD-02400 2S105CA-06700 REIMANN DAVID A & KATHLEEN K RUNYON DAVID & KATHRYN A 14625 SW SUNRISE LN 13308 SW 157TH AVE TIGARD, OR 97223 TIGARD, OR 97223 2S105DD-06900 2S108BA-00400 RENICKER KENTON W & TERESA M RYAN LORINDA C 14685 SW KLIPSAN CT 11765 SW GAARDE TIGARD, OR 97223 TIGARD, OR 97223 2S108BA-05800 2S105C13-08700 RENSHAW LISA L SACHIYEV ARKADIY I & IVETTA G 13990 SW 158TH TER 15871 SW TUSCANY ST TIGARD, OR 97224 TIGARD, OR 97223 QN 0SDD-06600 2SI05DB-04500 GLEIN LAURIE J SACKLEY WAYNE M & ANNE B 13475 SW SANDRIDGE DR 13114 SW 153RD TIGARD, OR 97223 TIGARD, OR 97223 410 2S105CA-12600 2S105CA-20100 SAFADI ALEX SEMENOV VITALY & LUBA 13271 SW YARROW WAY 15613 SW BRISTLECONE WAY w D, OR 97223 TIGARD, OR 97223 2S105CA-23100 2S105CA-18200 SAFARI TONY SHETTERLY RICHARD E 15656 SW BRISTLECONE WAY 15901 SW SUNDEW DR TIGARD, OR 97223 TIGARD, OR 97223 2S105DA-07500 2S105DD-03000 SANDVICK BENJAMIN SHIM SANG J & SALLY J 13300 SW 148TH AVE 13595 SW NAHCOTTA DR TIGARD, OR 97223 TIGARD, OR 97223 2S105CA-08100 2S108BA-06500 SARANT DAMON SHIM STEVE & JANET 13194 SW YARROW WAY 14347 SW KOVEN CT TIGARD, OR 97223 TIGARD, OR 97224 2S105DD-05100 2S105CD-04600 SASSALOS SPIRO SHUREIH TARIQ M 13740 SW SANDRIDGE DR 15846 SW BRISTLECONE WAY TIGARD, OR 97223 TIGARD, OR 97223 f2l5CA-25900 2S105DA-15900 SCHENCK JONATHAN E & KATHERINE SIERRA PACIFIC DEVELOPMENT INC 14904 SW SUNDEW DR PO BOX 1754 TIGARD, OR 97223 LAKE OSWEGO, OR 97035 2S105DB-01700 2S105DA-10400 SCOTT JEFFREY R & SHARON SI P FIC DEVELOPMENT INC 15355 SW FIRTREE DR PO B 54 PORTLAND, OR 97223 E OSW , OR 97035 2S108AA-04000 2S105D<74 SEEBAUER RALPH P SI DEVELOPMENT INC 14647 SW PEAK CT PO B TIGARD, OR 972 24 OR 97035 2S105CA-26000 2S105DA-09900 SEICIANU DANIEL & SIDONIA I RAP IC DEVELOPMENT INC 15896 SW SUNDEW DR PO B 1754 TIGARD, OR 97223 E O EGO, OR 97035 Q OSAA-04500 2S105CA-02600 ITZINGER MITCHELL S & SILVERMAN FAMILY TRUST JANICE L BY NOEL D/HELENE J SILVERMAN TRS 14670 SW PEAK CT 22934 8TH ST TIGARD, OR 97224 NEWHALL, CA 91321 411 2S105DD-04500 2S105AC-00800 SIN CHIEVLY AND MEALEA SPONGBERG LINDA E & WADE 13570 SW SANDRIDGE DR 13083 SW 154TH AVE D, OR 97223 TIGARD, OR 97223 2S108AA-03500 2S105CA-12300 SINGH DAVE & BONNIE STAHEL-EASTMAN CHERYLE AND 14715 SW PEAK CT EASTMAN GEORGE S TIGARD, OR 97224 13183 SW YARROW WAY TIGARD, OR 97223 2S105CA-22300 2S105AC-04200 SINGLEY STEPHEN M & KARIN L STANDRING HOLDINGS LLC 13352 SW 157TH AVE 12670 SW 68TH #400 TIGARD, OR 97223 TIGARD, OR 97223 2S108BA-05400 2S105DB-03000 SKINNER MICHAEL G & S DRIN OLDINGS LLC LAUREL A 12670 68TH #400 6787 WEATHER GLASS LN TJ8ARD, O 7223 GIG HARBOR, WA 98335 2S105CA-22800 2S105AC-04100 SLAVOV MILEN & S DRI OLDINGS LLC SLAVOVA ZHIVKA 1267 68TH #400 15632 SW BRISTLECONE WAY ARD, OR 7223 TIGARD, OR 97223 4 2 105DA-16600 2S105CD-07500 SMITH JACQUELINE & STANFORD CLARKE & ELAINE SMITH MICHAEL & 15879 SW BRISTLECONE WAY COMPAORE-TERRASSON CHANTAL TIGARD, OR 97223 13310 SW NAHCOTTA DR TIGARD, OR 97223 2S105D6-03800 2SI05DD-05800 SMITH JENNIFER M & DANIEL J STANLEY GARREN J & 15262 SW FIRTREE DR BENNETT CHRISTOPHER B PORTLAND, OR 97223 13645 SW SANDRIDGE DR TIGARD, OR 97223 2S1051313-06700 2S108BA-06200 SMITH MICHAEL L & JANET B STEBBINS RONALD W 13455 SW SANDRIDGE DR PO BOX 249 TIGARD, OR 97223 TUALATIN, OR 97062 2S105DB-04700 2S108BA-06700 SORENSON BRYAN A & STOLLER DENNIS R & DEBORAH STACY A 14342 SW KOVEN ST 13162 SW 153RD TER TIGARD, OR 97224 TIGARD, OR 97223 OSDD-02700 2 SCA-13000 ONAUGLE JEFFREY B & STO & INC AND CHEN DEBORAH Y TITAN TIES CORP 13685 SW NAHCOTTA DR TIGARD, OR 97223 412 2S105DD-03200 2S105CA-07900 STRANEY GALE L & JANE S TALLMAN MARK A 13555 SW NAHCOTTA DR 13210 SW YARROW WAY BARD, OR 97223 TIGARD, OR 97223 2S105DD-06000 2S105CA-02500 STUHR GWEN A REV TRUST TALLUTO SAMUEL J AND LINDA M BY GWEN A STUHR TR 15596 SW WINTERGREEN ST 13595 SW SANDRIDGE DR TIGARD, OR 97223 TIGARD, OR 97223 2S105CD-00900 2S105OD-05400 STURMER ROBERT P AND TAMLYN ILENE M/DONALD J SR PATRICIA L 13755 SW SANDRIDGE DR 15760 SW BAKER LANE TIGARD, OR 97223 TIGARD, OR 97224 2S105D"1600 2S105CA-02000 SULLIVAN ERIC & SARAH TANG PATRICIA PHUNG 15350 SW FIRTREE DR 7705 SE WOODSTOCK PORTLAND, OR 97223 PORTLAND, OR 97206 2S108A8-01200 2S105AC-06700 SUN RIDGE BUILDERS INC TANWASA MICHAEL 14912 SW SUMMERVIEW DR 15317 WINTERGREEN ST TIGARD, OR 97224 PORTLAND, OR 97223 "15108A6-01201 2S1088A-07000 S IDG ILDERS INC TASANE AVO & IMBI 1491 UMMERVIEW DR 15536 SW ROSHAK RD T ARD, OR 9 224 TIGARD, OR 97224 2S105DA-16300 2S105CA-12000 SUTANTHAVIBUL SUPHACHAL & THOME SEAN P & ANGEL C SIRISAMATAKARN ORAWAN 13159 SW YARROW WAY 14595 SW KILPSAN LN TIGARD, OR 97223 TIGARD, OR 97223 2S108AA-05000 2S105AC-01400 SWANSON DARIN & TRISHA THOMPSON ERIC L & SARAH J 14585 SW GRANDVIEW LN 13040 SW 154TH AVE TIGARD, OR 97224 TIGARD, OR 97223 2S105D8-03500 2S1086A-06600 TACKER BRIAN TIEDEMANN BEVERLY J TRUSTEE 15236 SW FIRTREE DR PO BOX 23175 TIGARD, OR 97223 TIGARD, OR 97281 40 05CA-12400 2S108AA-03700 LLMAN JAMES L TIEDEMANN MICHAEL A & SUSAN A 8435 SW 175TH AVE 14010 SW 147TH TERRACE BEAVERTON, OR 97007 TIGARD, OR 97224 413 2S1051)13-06100 2S105DB-05500 TIG C OF TUCKER LARRY L & 1312 LL BLVD SOLIS-TUCKER MARGARITA RD, OR 97223 15331 SW FIRTREE DR TIGARD, OR 97223 2S105DB-06200 2S105DA-07100 TX1 F URBINA DAVID A T3 1L BLVD 14806 SW FERN ST 7223 TIGARD, OR 97223 2S10400-0150 2S105DB-02400 I D TY OF VAISBERG JAIME & CONNIE 1 131 HALL BLVD 15348 SW WINTERGREEN ARD, 97223 TIGARD, OR 97223 2SI05DC-0020 2S1051)"5700 T RD C OF VANHOOSEN SCOTT D & REBECCA R 1312 HALL BLVD 15336 SW WINTERGREEN ST T RD, 97223 TIGARD, OR 97223 2S105D8-00400 2S1051)13-05000 TIGARD WATER DISTRICT VANHORN EDWARD E & MARY BETH 8777 SW BURNHAM ST 15294 SW FIRTREE DR PO BOX 23000 TIGARD, OR 97223 TIGARD, OR 97223 9,105CD-00200 2S1088A-00500 TK LAND DEVELOPMENT LLC VANSITTARD CAROLINA D TRUSTEE 333 S STATE ST #V131 15555 SW BULL MOUNTAIN RD LAKE OSWEGO, OR 97034 TIGARD, OR 97224 2S1086A-05700 2S105CA-23600 TORLAND LEE N & SHARON L TRS VENAN MARILYN S & GERARDO 14020 SW 158TH TERRACE 15696 SW BRISTLECONE WAY PORTLAND, OR 97224 TIGARD, OR 97223 2S105DC-00600 2S105DD-07400 TOWNSEND ARTHUR V & CLAUDIA A VERDADERO DAVID N & PAMELA A 15110 SW SUNRISE LN 13835 SW SANDRIDGE DR TIGARD, OR 97223 TIGARD, OR 97223 2S108BA-07300 2S105CA-00300 TRAN DZUNG JOSEPH & KIM ANH VERHEYEN HAROLD G JR & SONCHA 14244 SW KOVEN CT 10132 SKIFF CIR TIGARD, OR 97224 ANCHORAGE, AK 99515 05CD-00100 2S108BA-05500 UST FOR PUBLIC LAND THE VITIRITTI PIETRO & PASQUALINA 806 SW BROADWAY #300 TRUSTEES PORTLAND, OR 97205 14115 SW 157TH TIGARD, OR 97224 414 2S105CA-12700 2S108AA-04700 VO THU NGOC & WATTS JOSEPH & MOLLY PHAN NHAN 14689 SW GRANDVIEW LN f 79 SW YARROW WAY TIGARD, OR 97224 TLAND, OR 97223 2S105CD-02700 2S105CD-09200 VU TRUNG & WEAVER SCOTT A & MARIA E VU THU-TRAM THI 13804 SW 159TH TER 13168 SW SHAKESPEARE ST PORTLAND, OR 97223 KING CITY, OR 97224 2S108BA-00700 2S105D6-03400 WAEGE PATRICK L & DEBRA J WEBSTER HENRY L JR & 15685 SW BULL MOUNTAIN RD MONIKA E TIGARD, OR 97224 15230 SW FIRTREE DR TIGARD, OR 97223 2S105DD-00600 2S105CA-25400 WALSH LEIGHTON WEISGERBER GREG A & 15169 SW SUNRISE LN HEMPEL DEANNE M PORTLAND, OR 97224 15944 SW SUNDEW DR TIGARD, OR 97223 2S105DD-00700 2S105DA-16500 WALSH LEIGHTON WELLS CORDELL LEE & 15165 SW SUNRISE LN LYNEA L TIGARD, OR 97224 14535 SW KLIPSAN LN TIGARD, OR 97223 005CD-04000 2S108AA-05400 WALTER JUDITH L & WERNER MARIL J HAMILTON CAMERON 14694 SW GRANDVIEW LN 15792 SW BRISTLECONE WAY TIGARD, OR 97224 TIGARD, OR 97223 2S105DC-00500 2S104CC-03100 WARD CLEVE D & JANICE E WESTVOLD JOEL D & CATHERINE S 15140 SW SUNRISE LN 13998 SW HILLSHIRE DR TIGARD, OR 97224 TIGARD, OR 97223 2S109BB-02906 2S105D13-01200 WARD HELEN L WEYGANDT MICHAEL T & STACI J 14085 SW 144TH AVE 13219 SW 154TH AVE TIGARD, OR 97224 TIGARD, OR 97223 2S105DA-00601 2S105DB-00100 WASHINGTON COUNTY WHITE LEON D FACILITES MGMT 15180 SW SUNRISE LANE 169 N FIRST AVE MS42 TIGARD, OR 97224 HILLSBORO, OR 97124 OSCD-07800 2S105D6-00500 AS GTO COUNTY WHITE LEON D AND CAROL A FACILIT GMT 15180 SW SUNRISE LANE 169 RST MS42 TIGARD, OR 97224 SBORO, OR 97124 415 2SI08BA-06300 2S105DD-05600 WHITE TERENCE E & LORI C WINATA SUSAN & 14291 SW KOVEN CT SOON STEPHEN K H D, OR 97224 13685 SW SANDRIDGE DR TIGARD, OR 97223 2SI05CA-23700 2S105DD-05300 WHITELEY-ROSS GENE WERIN WISHER LARRY J & KELLIE M 15704 SW BRISTLECONE WAY 13785 SW SANDRIDGE DR TIGARD, OR 97223 TIGARD, OR 97223 2S108AA-00200 2S105AC-06600 WHITING FRANK J & JANICE M WOODRUFF DARREL M & KRISTI M 14800 SW SUNRISE LANE 13090 SW 153RD TER TIGARD, OR 97224 TIGARD, OR 97223 2S105CA-08700 2S108BA-04700 WIESE RANDALL L AND SHELLY WRIGHT DOUGLAS T & MONICA C 13146 SW YARROW WAY 15585 SW ROSHAK RD TIGARD, OR 97223 TIGARD, OR 97224 2S108AB-01602 2S105DB-00800 WILKINSON GREGORY S YASUDA EIETSU 15380 SW BULL MOUNTAIN RD 13141 SW 154TH AVE TIGARD, OR 97224 TIGARD, OR 97223 *'2105CA-11400 2S105CA-19700 WILLIAMS CATHIE L YATSKOVA GALINA & 13288 SW 157TH AVE BORIS TIGARD, OR 97223 15645 SW BRISTLECONE WAY TIGARD, OR 97223 2S108AA-04400 2S105DA-16900 WILLIAMS JEFFREY ALLEN & YEE CHRISTIAN C & JENNY T WILLIAMS JUIE MARIE 13270 SW NAHCOTTA DR 14634 SW PEAK CT TIGARD, OR 97223 TIGARD, OR 97224 2S108AS-00900 2S105CA-01900 WILLIS JAMES L/MARTI M YEE STANLEY & 15285 SW BULL MTN RD SALAMA DEENA M TIGARD, OR 97223 15605 SW WINTERGREEN PORTLAND, OR 97223 2S105DA-16400 2S105DD-00900 WILSON NICHOLAS G/SUNI A YOUNGER NANCY 14565 SW KLIPSAN LN 15065 SW SUNRISE LANE TIGARD, OR 97223 TIGARD, OR 97224 8AA-04200 2S105D13-05800 LSON RIC JAMES YUEN ZEKIEL S 14601 SW PEAK CT PO BOX 3059 TIGARD, OR 97224 EUGENE, OR 97403 416 2S105CD-03800 ZANGER DOUG & JILL 15768 SW BRISTLECONE WAY #RD, OR 97223 2S105CA-26200 ZANGERLE WILLIAM & JULEANNE 15880 SW SUNDEW DR TIGARD, OR 97223 2S105CA-08000 ZHOU SHAO ZENG & WU NING-NING 13202 SW YARROW WAY TIGARD, OR 97223 251088A-04800 ZICKUHR CLARENCE J & BARBARA K 15605 SW ROSHAK RD TIGARD, OR 97224 2S105CA-07200 ZWETSCHKE KRISTOPHER A & LINDA M 10706 SW 63RD PL PORTLAND, OR 97219 417 Charlie and Lade Stalzer 1 SW Juliet Terrace d, OR 97224 Craig Smelter PO Box 1467 Tualatin, OR 97062 Harold and Ruth Howland 13145 SW Benish Tigard, OR 97223 Kevin Hogan 14357 SW 133rd Avenue Tigard, OR 97224 Gretchen Buehner 13249 SW 136 Place Ord, OR 97224 CPO 4B Holly Shumway, Chair 14535 SW Woodhue Street Tigard, OR 97224 Beverly Froude 12200 SW Bull Mountain Road Tigard, OR 97224 Barry Albertson 15445 SW 15011, Avenue Tigard, OR 97224 John Frewing 7110 SW Lola Lane Tigard, OR 97223 CPO 4B , 16200 SW Pacific Highway, Suite H242 418 Tigard, OR 97224 CITY OF TIGARD - WEST INTERESTED PARTIES tog. I of n (i:\curoln\setuo\labels\CIT West.doc) UPDATED: 21-Se"4 V LAND USE PROPOSAL DESCRIPTION f_ 120 DAYS = N/A FILE NO.: ZONE CHANGE ANNEXATION (ZCA) 2006-00002 FILE TITLE: CACH CREEK AREA ANNEXATION APPLICANT/ COORDINATOR Ca of T and OWNER: Ci of T and (Multiple Contact:eth St. Amand Contact: Dennis Koellenneier applicants): 13125 SW Hall Blvd. 13125 SW Hall Blvd. Tigard, OR 97223 Tigard, OR 97223 OWNER: Ti and Water District OWNER: Trust for Public Land PO Box 23000 806 SW Broadway, # 300 Tigard, OR 97223 Portland, OR 97205 OWNER: Brentwood Homes OWNER: Jon Dyer Contact: John Noffz O Box 848 15170 SW Finis Lane Lake Oswego, OR 91 Tigard, OR 97224 REQUEST: The applicant is requesting annexation of twelve (12) parcels containing 41.41 acres into the City of Tigard. RATION: Abutting and west of Sunrise Lane, and abutting and north of SW Bull Mountain Road, including the in on Sunrise Lane, from the intersection of Sunrise Lane and SW 147` Terrace westerly for approximately 1,200 feet and northerl for approximately 1,630 feet; Washington County Tax Assessor's Ma No. (WC-M 2S 105DB, Tax Lots 6100, 6200 & 400; WCIM 2 105(D, Tax Lot 100; WCIM 2S108AB, T is 1200 & 1201; WC'IM 2S105DC, Tax Lots 100, 200, 300 & 400; and WCTM 2S 105DD, Tax Lots 200 & 300. ZONE: R-7: Medium Densi Residential District. The R-7 zoning district is designed to accommodate attached single- y comes, etac a single-family homes with or without accessory residential units, at a minimum lot size of 5,000 square feet, and duplexes, at a minimum lot size of 10,000 square feet. Mobile home parks and subdivisions are also permitted outright. Some civic and APPLICABLE institutional uses are also permitted conditionally. REVIEW CRITERIA: The approval standards for annexations are described in Community Development Code Chapters 18.320 and 18.390, Comprehensive Plan Policies 2 and 10; ORS Chapter 222; and Metro Code Chapter 3.09. DECISION MAKING BODY BELOW: L-j TYPE I TYPE II TYPE III TYPE IV COMMENTS WERE SENT: AUGUST 11, 2006 COMMENTS ARE DUE: AUGUST 25, 2006 HEARINGS OFFICER MON. DATE OF HEARING: TIME: 7:00 PM PLANNING COMMISSION MON. DATE OF HEARING: TIME: 7:00 PM CITY C OUNCIL UES. DATE OF HEARING: SEPTEMBER 26.2006 TIlvIE: 7:30 PM STAFF DECISION T NTA IVE) DATE OF DECISION: COMPONENTS RELATED TO THE PRO CT AVAILABLE FOR VIEWING IN THE PLANNING DIVISION CINITY MAP CERTIFICATION OF REGISTERED VOTERS NARRATIVE CERTIFICATION OF PROPERTY OWNERSHIP ASSESSOR'S MAP CERTIFICATION OF LEGAL DESCRIPTION LEGAL DESCRIPTION DOUBLE MAJORITY WORKSHEET STAFF CONTACT: Emily Eng, Assistant Planner (503) 639-4171, Ext. 2712 419 19 ED 'S "i . 2009- RlD CTYO" I %-.J ~.4f 1 OF . P L A dit!f'G ZNG1NE:F=R NG Cache Creek Area Annexation Proposal Aug. 2006 Subject Site: • Washington County Tax Assessor's Map No. (WCTM) 2S105DB: Tax Lots 6100, 6200 & 400 2S108AB: Tax Lots 1200 & 1201 2S105DC: Tax Lots 100, 201, 300 & 400 2S105DD: Tax Lots 200 & 300 Applicant: City of Tigard Contact: Beth St. Amand . 13125 SW Hall Bbd. Senior Planner Tigard, OR 97202 City of Tigard 13125 SW Hall Blvd. Tigard, OR 97202 503/718-2435 420 rX Proposal Summa Applicant City of Tigard, 13125 SW Hall Blvd., Tigard, Oregon 97223 Contact. Beth St. Amand, Senior Planner, 503/718-2435 Proposal The applicant requests annexation of 11 parcels containing 38.18 acres and the Sunrise Lane right-of--way into the City of Tigard ('City of Tigard Annexation") for a total of 40.93 acres. The original proposal included 12 parcels; however, the Trust for Public Land has withdrawn its property from the proposal (2S105CD00100). The rest of the proposal remains the same. Site Location Abutting and west of Sunrise Lane, and abutting and north of SW Bull Mountain Road, including the right-of-way on Sunrise Lane, from the intersection of Sunrise Lane and SW 147`h Terrace westerly for approximately 1,200 feet and northerly for approximately 1,630 feet. Taxlots The proposal includes 11 parcels: Washington County Tax Assessor's Map No. (WCTM) 2S105DB: Tax Lots 6100, 6200&400 .2S108AB: Tax Lots 1200 & 1201 2S105DC: Tax Lots 100, 201, 300 & 400 2S105DD: Tax Lots 200 & 300 A full legal description (metes and bounds) and map are attached to this application, which includes the Sunset Lane right-of-way. Owners City of Tigard, 13125 SW Hall Blvd., Tigard, OR 97223 Tigard Water District, PO Box 23000, Tigard, OR 97223 Sun Ridge Builders Inc. (Brentwood Homes), 15170 SW Finis Lane, Tigard, OR 97224 Jon Dyer, PO Box 848, Lake Oswego, OR 97304 Zong Washington County: R-6, a residential zone designated for residential development at no more than six (6) units per acre and no less than five (5) units per acre. Equivalent City Zoning: R-7, a medium-density single-family residential zone with a minimum residential lot size of 5,000 square feet. 421 • This submittal includes the following items: SECTION 1. Q Type IV Application 0 Statutory Special Warranty Deed for City of Tigard property 0 Site Map 2 List of Tax Lots and Corresponding Property Owners 0 Completed Annexation Petition for Double Majority Annexation (Includes 10 Sheets. All property owners have consented) 2 Certification of Property Ownership (by Washington County) 21 Certification of Legal Description and Map (by Washington County) 2 Legal Description 0 Washington County Tax Maps * Pre-Addressed Envelopes * $400 Check for Metro Filing Fee • SECTION 2. Q Applicant's Narrative Section 2 Attachments: Attachment A: "Memorandum," from Rob Murchison, Public Works Dept. Project Engineer Attachment B: "Memorandum," from Gus Duenas, City Engineer Attachment C: E-mail from Jim Wolf, Tigard Police Department Attachment D: Tigard U7banSeruceAgremer, July 2006 • 422 • Cache Creek Area Annexation Application SECTION 1 423 ANNEXATION/ZONE CHANGE TYPE IV APPLICATION CITY OF TIGARD 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 FAX.' (503) 684-7297 PRE-APP. HELD WITH: eke DATE.OF PRE-APP.: 6 Z -,°o GENERAL INFORMATION FOR STAFF USE ONLY Property Address/Location(s)J32-3Q %V 15jq 05q K Case No.(s): ZCA LCD 6 - oooo "1 S1 VSW" &Xl 16-HaD 5W- Suu'tZiSC l.~ r SUP-f LL~IAA& Other Case No.(s): Tax Map & Tax Lot #(s): MUL-Z I IP Le i SEC Receipt No.: Application Accepted By: EAe q3 W in, R-O--u) Date: Site Size. 3i , Ac z 19 Property Owner/Deed Holder(s)* (NOTE: If more than one (1) property Date Determined To Be Complete: owner, please complete the attached petition form): 9 I I -L"°t° E ~4-T Ti4l{ l1 Li 5'~ Current Comp Plan/Zone Designation: Address: Phone: R *Iicant*: : Zip: CIT Area: Ck N OF -1-1 Rev. 7/1/05 i:\curpln\masters\revisedlannex-zc.doc Address: t312-6- Sd-O IAAL Phone: !:70 3 (d-:154 4 C) CitY-11 L2h9F--V Ci?-- Zip: ell 2-07 REQUIRED SUBMITTAL ELEMENTS * When the owner and the applicant are different people, the ;/Application A placation Elements Submitted: applicant must be the purchaser of record or a lessee in possession with written authorization from the owner or an agent of the owner Form with written authorization. The owner(s) must sign this application in /601 Completed Annexation Petition .#er the. space provided on the back of this form or submit a written ched) authorization with this application. Q~ Legal Description of Area to be Included PROPOSAL SUMMARY in the Annexation Map Identifying Areas to be Included in The owner(s) of record of the subject property(ies) request to Annex the Annexation applicant's Statement/Narrative acres into the City of Tigard and a Zone Change of copies based on pre-app check list) Annexation from Washington County's Zone: tt to City of El 2 Sets of Pre-Addressed/Pre-Stamped Tigard Zone: P---7 (if applicable). The. current use of the arec-L _ Legal Size Envelopes requesting to be Annexed is: ?.511>G-QfT11X Z J-L Filing Fee $2,373.00 PUQLtC UJAr7 Cam F,-Lt L-(-tL£_ 5 i N4~L(!~-~41 Metro Filing Fee (payable to Metro) AE as follows: (Single tax lot less than 1 acre) $150.00 (1-5 acres) ..................................$250.00 (540 acres) $300.00 (Greater than 40 acres) $400.00 1 424 I&LICANTS: 1WConsider an application complete, you will need to submit ALL of the REQUIRED SUBMITTAL ELEMENTS as described on the front of this application in the "Required Submittal Elements" box. THE APPLICANT(S) SHALL CERTIFY THAT: ♦ The above request does not violate any deed restrictions that may be attached to or imposed upon the subiect property. ♦ If the application is granted, the applicant will exercise the rights granted in accordance with the terms and subject to all the conditions and limitations of the approval. ♦ All of the above statements and the statements in the plot plan, attachments, and exhibits transmitted herewith, are true; and the applicants so acknowledge that any permit issued, based on this application, may be revoked if it is found that any such statements are false. ♦ The applicant has read the entire contents of the application, including the policies and criteria, and understands the requirements for approving or denying the application. SIGNATURE(S) of Applicant(s) representing property owners listed on the attached petition: DATED this day of ~4/2± 20 4 Signature Signature Signature Signature 2 425 Washington County, Oregon 2006.100221 08/2212006 10:49:58 AN D-0W Ghat QOta7 K ORUNEWAID . $100.00 $6.00 $11.00 - Total a S117.00 00999428200801002210200209 O 4 Rkhud Ta:sSlon H and d Es-0RI Ex4 hlcW County , County Cluk~ror WeWor Was and hlnOten County, Oregon, do hmby artily that his w4thtn lj Inttrumsnt at w+thng rat received and recanted In Ihs - ; book of records of said 6 ] Richard W. Hobamlcht, Directory Ley - d ofVAstsssmsnt and 1 1 Ta utlon, Ex,0Mdo Co" Cis* In- Rerecording to correct 4e, Olt Previously recorded as 2 ood, ofj%./ to ~ ~ ~-P ~~5 f ~lv , ~ go e 4 43 4 r~ z 426 tea- ' w"Mft&n County, OMCM 2006-095151 0099008 03:U:29 Pb O-OW Ont•l tktrc7 K GRUNEWALO SESAO Se.00 f11A0 • ToW a 182.Q0 G% (Illlllllllll~Il 00894888200 0130139 t,RkhsnlHoDartdeht,0lndaofA.a and errd Taxation and Ex-Mc o Counpf perk (wV*e n C%IRy. Ornw% do hereby certtty 2W the rMtder t/ahvmem al wilting am realead and recoiled M the Rkhard W. Nob.mkhtCit Krvd«orr 9fVa..~yt difrewrM~ Tax.Non, CKOftlclo Courdy perb o • t E ii 2 This Document being re-recorded to correct the legal description. Said document previously recorded as Fee No. 2006-087171 and 2006-090324. isvGC 8w,, "A" &-ftac4-P_A. 427 wamnomCOU*-Orwn 2006-090324 071IW2000 03:37:35 PM DOW Ot■t ICM4 K SMIIATT t {I{.{0 q.{0 {11.{0 - Tdtdl ~ {{I.W • I~I) III ~ III (IIUIU~ • 00888{352 37A00800{t - I,WdntdllvamlcM,tllnetordA••a M Ta tl•audEi )MOO C•onrClubhrWa Caft On0•ti d• h-Y "my dMa•Nan kmmmwd d TmIng us• f•cdr•d uid ncud•d in lh• , ; CI~~~ WJ1 MghwdVkL unb OfrotMHAUMMId$Ad e+4 Cw ft CY,b 6 11 Rerecording to correct Previously recorded as ao ~o leg .o t o E-1 z 428 i wuhtvaecoonpr,onpdn 2006-087171 07171/2008 030:0 an o-aw crsa/ td+a22 i rreeo SUM i0A011 U8 S20.11 • TaW a 681.00 ` Ul~lu~~ll III 0088 OA 00871710060081 THIS SPACE RESSWE ►.,.aon j C"C1$A` arraKqmn ~iJ~, t aebaiur en0W1$nC4ft*da df#CVed:aa0,. book aabdpNr.a~ SI, Teidlon, HClede Lamy Ct.~Y After recording return to: City of Tigard Attn: M Manager 13125 SW Hall Boulevard Tigard, OR 97223 UntA a charge Is requested a0 lox stM. a. shoo be serf to the fb1bwhV address: City of Tigard \ Attn: City Manager 13125 SW Hall Boulevard Tigard, OR 97223 File No.: 7011-660087 (MLY) Date: July 12, 2006 STATUTORY SPECIAL WARRANTY DEED ,s Lisa A. Cach and Joan L Cach,.Co-Tntstees of the Cach Family Revocable Trust dated July 1, NX 2002, an undivided 1/2 Interest and Lisa A. Cad1 and Joan L Cash, Co-Trustees of the Gerald C. Cade Credit Shelter Trust, an undivided 112 Interest as to Parcels 4 H, IV and Joan L Cach as to Parcel Ilia, Grantor, conveys and specially warrants to City of Tigard, Oregon, Grantee, the following described real property free of hens and encumbrances created or suffered by the Grantor, except as specifically set forth herein: ~O This property Is free from liens and encumbrances, EXCEPT.- 1. Covenants, conditions, restrictions and/or easements, U any, affecting title, which may appear in the public record, Including those shown on any recorded plat or survey. 2. The use of the property Is heresy restricted to the following uses: a city park and a water system. See Legal Description attached hereto as Exhibit A and by this reference incorporated herein. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON TRANSFERRING FEE TIiLE SHOULD INQUIRE ABOUT THE PERSON'S RIGHTS, IF ANY, UNDER ORS 197.352. THIS INSTRUMENT DOES NOT ALLOW USE OF THE PROPERTY DESCRIBEO IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY APPROVED USES AND TO DETERMINE ANY LIMITS ON LAWSUITS AGAINST FARMING OR FOREST PRACTICES AS DEFINED IN ORS 30.930 AND TO INQUIRE ABOUT THE RIGHTS OF NEIGHBORING PROPERTY OWNERS, IF ANY, UNDER ORS 197.352. Page 1 of 6 429 f i I . APN: Statutory SPeW waffa* Deed Fie No.: 7011-880057 (HLV) • ow9v w out 0711212006 The true consideration for this conveyance Is $1,450,000.00: Dated this day of Cach Family Revocable Trust Gerald C. Cach Credid Shelter Tnxt Isa A. Cach, Co-Trustee Lisa A. Cach, Co-Trustee an L. Cach, Co-Trustee an L. Cach, Co-Trustee Notary Public STATE OF State Washington UUUU LAURA A. FEUX )ss• MY SIGH EXPIRES OCT08ER 23.2007 County of K•I~ ) This instrument was acknowledged before me on this 1 o day of lim 20d0 by Lisa A. Cach and Joan L. Cach as Co-Trustees of F ble n behalf of the Trust. Notary Public for (,fig 6(4n My commission expires: 16- ,~-3 -dY STATE OF jJC,6 h f~ ) Notary Public )ss• State of Washington County of f C i,rL) ) LAURA A. FELIX MY 00MdISM EM OCTOBER 23. 2007 This Instrument was acknowledged before me on this of 20 by Lisa A. Cach and Joan L Cach as Co-Trustees of Gerald C. Cach Cerdlt ShettA4 Trust, on behalf of the True. Notarypubiktor its &t.-,k' My corrtmfs~on expires: /4-,93'0 Page 2d 6 430 1 I I AM stems SPKW waraab Dew He No.: 7011.860087 (!!L» .CM /12/2008 1 ~L'~ Notary Public STATE OF W"-A& ) UWC te Washington 1W K~ LAURA RA A. FEUX County of t~ I /l~ ) ON EX P I RIM OCTO SM ]23.2WO07 On this JtL4k-lday 20._ 6U personally appeared Usa A. Cady Co- Trustee, who being duty swim (or affirmed), did say that he/she Is the attorney In fact for Joan L. Cach, Co-Trustee, and that he/she executed the foregoing Instrument by authority of and In behalf of said principal, said principal, and he/she admowiedge said Insbrumen be the and wo N i Notary public for f my commission expires: 14.93 • e Page l at 6 431 fix.:. - ~-:rr: _ - - aY - _ . - • . F AM swutmY sveW wartarrty treed Re ft: 7011-860M (KLV) - w4mted Date: 0711313006 EXHIBIT A LEGAL DESCRIPTION: PARCEL I: Beginning at a poi on the North and South center line of Seaton 5, Townshi South, Range 1 West, Willamette Medd1 ,155.0 feet North of 0 degrees 40' East from South qua comer of said Section 5, running thence South 9 degrees 49' East and parallerto the South line Id Section 5, a distance of 1,057.21 feet to a poin center line of a 40A foot dedicated road, th following center fine of said road North 0 degrees 31' st 277.6 feet, thence following center On said road North 4 degrees 12' East 32.4 feet; thence No 89 degrees 48' West, passing over an n pipe on the Westertp line of said road and continuing a total nce of 1,057.72 feet to ar iron pi on the aforesaid North and South center line of Section 5, th th 0 degrees 48' West 310 f to the place of beginning. EXCEPTING THEREFROM: Beginning at a point on the North an South center line Section 5, Township 2 South, Range i West of the Willamette Meridian, 155 feet No of 0 degrees East from South quarter corner of Section 5; running thence South 89 degrees 49' and pare to the South fine of Section 5, a distance of 1057.21 feet to a point In center line of a 0 That icated road and the true point of beginning of the tract herein described; thence following er It a of said road North 0 degrees 31' East 130 feet; thence North 89 degrees 48' West a distance of 330 • thence South 0 degrees 31' West 130 feet, more or less to a point that Is North 89 degrees 49' of the true point of beginning; thence South 89 degrees 49' East 330 feet to the true point of begin ng, ashington County, Oregon. FURTHER EXCEPTING THEREFROM: Beginning at a point on the North South center On of Section 5, Township 2 South, Range 1 West of the Willamette Meridian, 1S5 feet rth of 0 degrees 4 st from South quarter corner of. Section 5; running thence South 89 degrees 'East and parallel to South One of Section 5, a distance of 1057.21 feet to a point in cente Ine of a 40 foot dedicate ad; thence following center line of sold road North 0 degrees 31' East feet to the true point of b inning of the tract herein described, thence continuing North 0 d rees 31' East 130 feet along sa center line, thence North 89 degrees 48' West a distanceof 330 fe thence South 0 degrees 31' West feet to a point; thence South 89 degrees 48' East 330 fe a the true point of beginning, Washin on County, oregon. AND FURTHER EXCE NG THEREFROM that portion described in recorded July 29, 1998 as Fee No. 98082815, to City of Tigard, Oregon. PARCEL III: A tract of land I e Southeast quarter of Section 5, Township 2 South, Re 1 West of the Willamette Meridian, in the County of Washington and State of Oregon, more partlala described as follows: "4d6 432 t AFN: S<ariRory Spedd WWU4 Deed FU ft: 7011-M087 (MLY) .anew WDC 07/1713006 Beginning at a point in the ceri of a 40 foot dedicated road at the Southeast comer of that tract described In deed to Gerald C. , et M In deed book 472, page 544, Washington County deed records, said point being North 0 egrees 48' East 465 feet and South 89 degrees 49' East 1,057.72 feet from the quarter section comer on South tine of said Section 5; thence North Tees 49' West 20 feet to a point on the Westerly 6ne said road, said point being the true point i Inning; thence North 89 degrees 49' West abng the uth One of said Cacti bad, 182.0 feet point; thence North 4 degrees 12' East, 110.0 feet to a poln thence South 89 degrees 49' East, 0 feet to a point on the Westerly line of said road, thence So 4 degrees 12' West along said W line 110.0 feet to the true point of beginning. PARCEL N: Commencing at an iron pipe at the quarter an comer betty Sections 5 and 8, Township 2 South, Range 1 West of the Wlilanrette Meridian, W Ington County, n; thence North 0 degrees 48' East 465 feet loan iron pipe and the beginning poln f the tracth by described; thence South 89 degrees 12' East 624.8 feet to a point which point Is 20 West an Iron spring leaf; thence South 10 feet to a point; thence North 88 degrees 44' East 400, feet to point In the center of a 40 foot dedicated road, dedicated to the public by A.S. Pattullo and a by sect recorded on page 81 of book 147 of the records of deed of Washington County; thence a center of said dedicated road South 14 degrees 18' East 168 feet; thence South 4 degrees est 293.9 feet to a point in the center of said 40 foot dedicated road; thence leaving said road (an p g at a distance of 20 feet an Iron pipe the West side of said road) and running North 89 degrees 4 W 1057.72 feerto the place of beginning. EXCEPTING THEREFROM the following descri portion. Commencing at the Southwest sorrier of th utheast on quarter of said Section 5; thenceNorth 0 degrees 47' 29' East, along the West line said Southeast ne quarter, a distance of 155.0 feet; thence South 89 degrees 49'00" East parallel w the South line of id Section 5, a distance of 1029.75 feet to the West right of way line of S.W. Sun Lane as dedicated the public by dedication deed recorded May 14, 1931 in book 147. page 81, book of records, said lot of way being 20.00 feet from the centerline thereof, measured perpen Icular thereto; thence N 00 degrees 33' 14' East, along said West right of way line, a distance 278.24 feet to an angle poll therein; thence North 04 degrees 13' 22' East, along said West right of ay line, a distance of 141.83 to the Northeast comer of that tract of land conveyed to Elton C. Phi cps and Sabrina Jeanne Phillips warranty deed recorded November 12, 1968 in Book 723, page 7 , said deed records and point being point of beginning. Thence from said point of beginning, No 89 degrees 49' 00o West, along the One of said Phillips trad a. distance of 182.00 feet to Northwest comer thereof, thence N 05 degrees 03' 46' East a distance of 115.66 feet to the So est comer of that tract of land conveyed Christopher J. Cach and Sheri L. Cady by special warran deed recorded April 15, 1996 In document na 96.33077, sold book of records; thence South 69 deg 49100' East, along the South line of said Ch pher J. Cach and Sheri L Cach tract, a distance of 0.30 feet to the west right of way line of S.W. Sun Lane; thence South 04 degrees 13'22' W along said West right of way line, a distance of 11 53 feet to the point of beginning. FURTHER EXCEPTING THEREFROM that portion described In deed from Ge C. Cech and Joan L. Cach to Christopher 3. Cach and Sheri L Cach, recorded April 15, 1995 as Fee No. 33077. AND FURTHER EXCEPTING THEREFROM that portion described indeed from raid C. Cach and Joan L Cacti to Gerald C. Cach and Joan L. Cach, recorded April 15, 1996 as Fee No. 96Q33076. Pap 50f 6 433 . of '~r•`i. ...4~'•-•i; - l O APN: sraarmryw" Wir"Deed FeNw7011•Q MY(Mtl) • aawnued am: 07112/2006 I, Rfckard W Robenricfrt, mmw of Asst ~OR•Tgrd(kxation and Far-Officio County Clerk for a coy • . County, do herebyy this to 4r o Was ~of the or~L K- Vo • i A ' G~ 2O ~ i ~ ~ Odte: o° By. r • O IV 00 -.tL Gape 6d 6 434 i -:ems', • - ~ s~!7'~';•"s-~~s~ - _ ' - - - - 4 ' fthhvy Report Order No.: 7011-960087 page 5 or 6 (Exhibit "A" I Real property in the County of Washington, State of Oregon, described as follows: I PARCEL I: Beginning at a point an the North and South center line of Section 5, Township 2 South, Range 1 est, Willamette Meridian, 155.0 feet N of 0 degrees 40' East from South quarter comer of said n5, running thence South 89 degrees 9' East and parallel to the South line of said Section 5, a nee of 1,057.21 feet to a point in center a of a 40.0 That dedicated road, thence following can line of said road North 0 degrees 31' East 277. feet, thence following center lute of said road N degrees 12' East 32.4 feet, thence North 69 deg 48' West, passing over an iron pipe on the line of said i road and continuing a total distance 1,057.72 fed to an iron pipe an the aforesa North and South j center line of Section 5, thence South agrees 48' West 310 feet to the place inning. EXCEPTING THEREFROM: Beginning at a point on the North and South One of Section 5, T ip 2 South, Range 1 West of the Willamette Meridian, 155 feet North of 0 Tees 40' East from So quarter oom~ of Section S; running thence South 89 degrees 49' East and Ilel to the South a of Section 5, a distance of 1057.21 feet to a point In center I'me of a 40 dedicated road the true point of beginning of the tract herein described; thence following center r of said road orth 0 degrees 31' East 130 feet; thence North 89 degrees 48' West a distance of 330 feet; WO!So 0 degrees 31' West 130 fleet, more or less to a point that is North 89 degrees 49' West of t4e true nt of beginning; thence South 89 degrees 49' East 330 feet to the true point of beginning, Was County, Oregon. FURTHER EXCEPTING THEREFROM: Beginning at a point on the North and South tern line of 'on 5, Township 2 South, Range 1 West of the Willamette Meridian, 155 feet North of 0 d rees 40' Ea South quarter comer of Section 5; running thence South 89 degrees 49' East a parallel to the uth line of Section 5, a distance of 1057.21 feet to a point in center line of a foot dedicated roa • thence following center line of said road North 0 degrees 31' East 130 feet the true point of begs of the tract herein described; thence continuing North 0 degrees 3 East 130 fed along said line; thence North 89 degrees 48' West a distance of 330 feet; th 0 degrees 31' West 130 to a point; thence Sown 89 degrees 48' East 330 feet to the a point of beginning, Washington unty, Oregon. AND FURTHER EXCEPTING EREFROM that portion described in deed rded July 29, 1998 as Fee No. 98082815, to The of Tigard, Oregon. PARCEL II: Beginning at a mt on the North and South center lime of Section 5, Township South, Range 1 West of the WOtame eridian, 155 fed North of 0 degrees 40' East from South quarter rner of Section 5; running the South 89 degrees 49' East and parallel to the South One of Section , a distance of 1057.21 f to a point In center One of a 40 foot dedicated road; thence following center line of said road N 0 degrees 31' East 130 feet to the true point of beginning of the tract herein described; then continuing North 0 degrees 31' East 130 fed along said center One; theece North 89 degrees 48' W a distance of 330 feet, thence South 0 degrees 31' West 130 feet t0-a point; thane South 89 degrees 48' East 330 feet to the true point of begirming, Washington County, Oregon. Ek eepVok. 444m- f • +6re. ~ pro~cyytt a+s -}~rQ iti off . PARCEL III: reStMretcan rZ* 435 i 01 p,p, Report Order ft: 76114600x7 Page 6 of 6 A tract of land In the Southeast quarter of Section 5, Township 2 South, Range 1 West of the Wi! Meridian, In the County of Washington and State of Oregon, more particularly described as follows: Beginning at a point In the ter of a 40 foot dedicated road at the Southeast comer of that tra described in deed to Gerald CacN et ux, in deed book 472, page 544, Washington County records, said point being N 0 degrees 48' East 465 feet and South 89 degrees 49' East 1, 7.72 feet from the quarter section eom on the South line of said Section 5; thence North 89 deg 49' West 20 feet to a point on the Westerly of said road, said point being the true point of beginni ; thence North 89 degrees 49' West V South fine of said Cach tract, 182.0 feet to a point' nce North 4 degrees IT East, 110.0 feet to a nt; thence South 89 degrees 49' Fast, 182.0 feet a point on the Westerly One of said road, thence uth 4 degrees 12' West along said West line 11 feet to the true point of beginning. PARCEL N: Commencing at an iron pipe at the qua section comer between and 8, Township 2 South, Range 1 West of the Willamette Meridian, ashington County, Oregon; North 0 degrees 48' East 465 feet to an iron pipe and the beginning nt of the tract hereby d ; thence South 89 degrees IT East 624.8 feet to a point which point is feet West from an im ng leaf; thence South 10 feet to a point; thence North 88 degrees 44' East .3 feet to a point I e center of a 40 foot dedicated road, dedicated to the public by A.S. Pattullo a wife by deed on page 81 of book 147 of the records of deed of Washington County, thence cing the of said dedicated road South 14 degrees 18' East 168 feet; thence South 4 deg 12' West .9 feet to a point In the center of said 40 foot dedicated road; thence leaving said road (an ssing at distance of 20 feet an iron pipe the West side of said road) and running North 89 degrees 49' est 1 7.72 feet to the place of beginning. EXCEPTING THEREFROM the following described porno . Commencing at the Southwest comer of the on quarter of said Section 5; thence North 0 degrees 4T 29" East, along the West line, of said S east a quarter, a distance of 155.0 feet; thence South 89 degrees 49' 0011 East parallel wth the line of id Section 5, a distance of 1029.75 feet to the West right of way line of S.W. Sunrise Lan dedicated the public by dedication deed recorded May 14, 1931 in book 147, page 81, said boo of records, said ht of way being 20.00 feet from the centedine thereof, measured perpendicular reto; thence No 00 degrees 33' 14" East, along said West right of way One, a distance of 278. feet to an angle poln in; thence North 04 degrees 13' 22" East, along said West right of way I , a distance of 141.83 to the Northeast comer of that tract of land conveyed to Elton C. Phililps d Sabrina Jeanne Phillips by rranty deed recorded November 12, 1968 in Book 723, page 730, sa deed records and point being t point of beginning. Thee from said point of beginning, North 89 rees 49' 00' West, along the N line of said Phillips tract a distance of 162.00 feet to the rthwest comer thereof, thence North 0 degrees 03' 46" East a distance of 115.66 feet to the Southw comer of that tract of land conveyed to J. Cach and Sheri L Cady by special warranty d recorded April 15, 1996 in document no. 96- 77, said book of records; .thence South 89 degrees 00" East, along the South line of said Christo J. Cade and Shad L Cach tract, a distance of 180 0 feet tD the West right of way tine of S.W. Sunrise la ; thence South 04 degrees 13' 2Y W along said West right of way line, a distance of 11S.53 the point of beginning. • FURTHER EX NG THEREFROM that portion described in deed from Gerald C. Cach d loan L Cedh to Christo J. Cach and Sheri L Cach, recorded April 15, 1996 as Fee No. 96033077. AND RJ ER EXCEPTING THEREFROM that portion described In deed from Gerald C. Cach and loan L Cadh Gerald C. Cacti and Joan L Cacti, retarded April 15, 1996 as Fee No. 96033076. Parcel Number. R482070 and R482089 and R482043 and R4820S2 HKrM1EACd1r TBl2 i V 436 M c ~A t 1 C t~ o....~.... ~ o ~ •z • ' Preflminary Report Order No.: 7011-860087 Page 5 of 7 REVISED Exhibit "A" Real property in the County of Washington, State of Oregon, described as follows: PARCEL I: Beginning at a point on the No and South center line of Section 5, Township 2 South, Range 1 West, Willamette Meridian, 155.0 feet N rth of 0 degrees 40' East from South quarter corner of said Section 5, running thence South 89 degrees 9' East and parallel to the South line of said Section 5, a distance of 1,057.21 feet to a point in center li a of a 40.0 foot dedicated road, thence following center line of said road North 0 degrees 31' East 277. feet, thence following center line of said /oresald d North 4 degrees 12' East 32.4 feet; thence North 89 degr es 48' West, passing over an iron pipe he Westerly line of said road and continuing a total distance 1,057.72 feet to an Iron pipe on the North and South. center line of Section 5, thence South degrees 48' West 310 feet t/the ace of beginning. EXCEPTING THEREFROM: Beginning at a point on the North and So th center line of Section , onship 2 South, Range 1 West of the Willamette Meridian, 155 feet North o 0 degrees 40' East fro South quarter comer of Section 5; running thence South 89 degrees 49' East d parallel to the So line of Section 5, a distance of 1057.21 feet to a point in center line of a foot dedicated ro and the true point of beginning of the tract herein described; thence following cent line of said ro d rth 0 degrees 31' East 130 feet; thence North 89 degrees 48' West a distance of 330 t; thence uthN 0odegrees 31' West 130 feet, more or less to a point that Is North 89 degrees 49' W of the point of beginning; thence South 89 degrees 49' East 330 feet to the true point of beginning, ashin n County, Oregon. FURTHER EXCEPTING THEREFROM: Beginning at a point on the North and South cent a of Section 5, Township 2 South, Range 1 West of the Willamette Meridian, 155 feet North of 0 de ees 0' East from South quarter comer of Section 5; running thence South 89 degrees 49' East and arallel the South line of Section 5, a distance of 1057.21 feet to a point in center line of a 40 of dedi ted road; thence following center line of said road North 0 degrees 31' East 130 feet to a true point f beginning of the tract herein described; thence continuing North 0 degrees 31' Ea 130 feet aloe said center line; thence North 89 degrees 48' West a distance of 330 feet; thence So 0 degrees 31' est 130 feet to a point; thence South 89 degrees 48' East 330 feet to the true Int of beginning, shington County, Oregon. AND FURTHER EXCEPTING THERE OM that portion descri d In deed recorded July 29, 1998 as Fee No. 98082815, to The City of Tig , Oregon. PARCEL II: Beginning at a point-on th North and South center line of Secdo 5, Township 2 South, Range 1 West of the Willamette Meridian, 55 feet North of 0 degrees 40' East fro South quarter corner of Section 5; running thence South degrees 49' East and parallel to the South ine of Section 5, a distance of 1057.21 feet to a poi in center fine of a 40 foot dedicated road; th following center line of said road North 0 deg 31' East 130 feet to the true point of beginning f the tract herein described; - thence continuing North 0 degrees 31' East 130 feet along said center e; thence North 89 degrees 48' West a distance of 330 feet; thence South 0 degrees 31' West 130 feet a point; thence South 89 degrees 48' East 330 feet to the true point of beginning, Washington Cou , Oregon. EXCEPTING THEREFROM the Improvements thereon. RW Amerftan Awe 438 P,c f,Wnary Report Order No.: 7011-860087 Page 6of7 PARCEL III: A tract of land In the Southeast arter of Section 5, Township 2 South, Range 1 West of the Willamette Meridian, in the County of Washq l ton and State of Oregon, more particularly described as follows: Beginning at a point in the center f a 40 foot dedicated road at the Southeast comer of that tract described In deed to Gerald C. Ca , et ux, In deed book 472, page 544, Washing County deed records, said point being North 0 rees 48' East 465 feet and South 89 degrees ,49' East 1,057.72 feet from the quarter section corner on a South line of said Section 5; thence No 89 degrees 49' West 20 feet to a point on the Westerly line f said road, said point being the true poir of beginning; thence North 89 degrees 49' West along th uth line of said Cach tract, 182.0 feet: to a point; thence North 4 degrees 12' East, 110.0 feet to a poi , thence South 89 degrees 49' East,/182.0 feet to a point on the Westerly line of id road, thence So 4 degrees 12' West along said Est line 110.0 fee the true point of beginni PARCEL N: Commencing at an n pipe at the qua sermon corner betty n Sectio and 8, Township 2 South, Range 1 West of t lllamette Meridian, ashington CountyAregon• ence North 0 degrees 48' East 465 feet to an Iron pi and the beginnin aoint of the tract ereby 'bed; thence North 0 degrees 48' East 466.4 feet to n Iron pipe; thence buth 89 degre 12' t 624.8 feet to a point which point is 20 feet West from an ! n ring leaf; then South 10 f point; thence North 88 degrees 44' East 400.3 feet to a point In a nter of a 40 fo t,dedicated d, dedicated to the public by A.S. Pattulto and wife by deed record o age 81 of bo X147 of records of deed of Washington County; thence tracing the center of said dedi ted road Sou 14 d r~ees 18' East 168 feet; thence South 4 degrees IT West 293.9 feet to a point)n the nter of said dedicated road; thence leaving said road (an passing at a distance of 20 feet a iron pipe Weft side of said road) and running North 89 degrees 49' West 1057.72 feet to the!place f beg[ ng. ' EXCEPTING THEREFROM the foilowin descri rtion: 1 Commencing at the Southwest her o the uthe t one quarter of said Section's; thence North 0 degrees 47' 29" East, along th gst lin of said So east one quarter, a distance of 155.0 feet; thence South 89 degrees 49' 00" parallel wl the South a of said Section 5-~a' distance of 1029.75 feet to the West right of way line f S.W. Sunrlse ne as ded) tied to the public by dedication deed recorded May 14, 1931 in book 1 , page 81,%saidb k of record said nigh I way being 20.00 feet from the centerline thereof, m ured perpendlailar ereto; the Norti 0 degrees 33' 14" East, along said West right of way Ii , a distance M111ne .24 t to an ar;g nt therein; thence North 04 degrees 13' 22" East, along West right of , a n ce of 1 .83 feet to the Northeast comer of that tract of land convey to Elton C. Philllps4n&Sabrin Jeanne ail'ps by warranty deed recorded November 12, 1968 in So 723, page 730, s41d deed rep s and poi being the point of beginning. Thence from said point of ginning, North 89 egress 49' 00 46t, aioA the North line of said Phillips tract a distance of 18 .00 feet to the N rthwest co ner th f; then North 05 degrees 03' 46" East a distance of 115.66 feet to the Southw corner of f land cdn eyed to Christopher J. Cach and Sheri L Cach by special warranty de9n recorded Ap ' '119 6 in docu~m nt no. 96-33077, said book of records; thence South 89 degrees 49' 00" East, al t6 So line of seal 1, )her J. Cach and Sheri L Cach trail, a distance of 180.30 set to the )Nest rigt of wa line of StiW. uprise Lane; thence South 04 degrees 13' 22" West, al g said WeKt right of way line, distance o 15.53 feet to the point of beginning. " • A FURTHER EXCEPTING THE ROM that portion d cribed i deed m Gerald C.*Cach and Joan L Ciich ' to Christopher 1. Cach a Sheri L Cach, recorded ril 15, 1 96 as a No: 96033077. AND FURTHER EXCEPTING THEREFROM that portion escr[bed i d from Gerald C. Cach and loan L Cach to Gerald C. Cach and Joan L. Cach, recorded April 15, 1996 as Fe No. 96033076. FastAmaima We 439 f S~SSpg• T~ ' . J, Richard W. Hobernicht, Director of Assessment ~QS coy andTaxation and Ex-Officio County -Clerk for Jr F f W%shmgton County, do hereby certify this to be a o true and correct dopy of the original. • • Date: 21, ti~cTON o~~ By. . / 440 4 4'!?are':fi1 W4tti3as M' 6 2"A 0.* 4 >aw' lNSra:: EYA3$I'f cs~~~ le.za-I I es :r tiara:effax:.--at:4£Jtt.:Asse-ssors: til3ap:.25:a-1.81)C> TiWt. pir+cel of hlhd Oiiy~} o to Lisa A. Cach still fbari: L. -C' *h as ~o~tt..tis€e~s of tht'Geralii C. C-40 . t;redit: Shelter 'Trust: ``bye varrarity deed :remded- :January 26-,.2004 in. Docurttent. Tro.. 2. 0044071fl4; aslxihptl'Com ty Hook -of -Rwordsf abd rcf eed To `tTtt=Mn as- Parcel fix of 'i?op riy No, locote- .iii W. the southeast: urn". marter ref` Section :55., Toa'nsh p. 2 S:outfi, Ratip f West df the W llatnette ~I~rrdian .ih Wks ring~fait. Ctiutit~i;.'. ~~;(ilt; sat ..'tfaet ...etc ~ ;~ecl tcally~~ :i'aTto~~ said Seeticm ; com meneiiig: atAle S.Outhwest-co rner ofthe. southeast: one-quarter of ?}iii&e,Not 'Q0'PIT' E,,:-;#Tta~g: t1se: wet lie-tsf' said. si}tarfieat .oiitrarter, -a (fistaricfvf 1.5500 #eet; F 1:029;15 fi 4dlo 'i1i tt .e,-Souflt° ~ ° ~}A'd) " st;. pa[ al)ul tvitai the sottfla. Fine. of said ,Ses<.ciott. 5,.:i: Masi tics o the sve~fi .r.~T.pf. ~'ay iinss'pf $VlE; St±~t7s~ Lane sx -rlesFicate~ :~Qtfie pu1i;r b5' drdiea~i°o~- deed tc~ort14t1 May -14, 1.9 .1- :in :Hook 141, Paige: V., said. ba* -of rceox&, sntd: riglit of-,way line-being- 210O:.fe-et from ~Fie:ti#~e'tki~>~ii; tneasure~.p~>~ieitdieitia~thiiFetb~ Thence,:Nor:th-00r'l3=14".Bast atong.-said wcstrijl-t-ot wAyline, a-distance:of 11010--f.thefoiirt-ot` - ~3e~ifirtjuiig: mie:am fiOm.sa dI'g9irt ofBe~auirin~,-Nortar $~°4~'~0"tC!est,:adistanne:pf~<lt):O(? feet; Ilicace, --NoA :l Vj3'-14" l ast, a ' istanc-C..of -150.404f eta 'J.fieiiok $.ouifi.-$rAx'Oi3"'D st, ji d staerce Of 3 t).t10;~eet.tQ~giti best right-o - ay line;: #~1?. mi' . otob f 0°33'x.4" stE algng serif- ~sfit hi tf cvai::ti le; n ciisttrirc f :13130 feet:to fli - voiAt a -bet inning. '1'he~#ove d~esct`bsd par t op.jai t ;4Q, 99-':c}. eet:,it ore orle s~ .%-I ij :-h S 0.9 3 re t isre t~r.tes , 1 REG15zERM :P-RQFE, Of~tAi.. t 0 Si1RVEYO' doe-, dAtit)AK 3ti `F9g~ 41. 7 i RENEWAL. ©ECEMBER'.3t,::2007 P-'JPdY Of7igarirti33~te7fS`taee~;f~oe~u ttftl e~I ririuiptims sli kg~1 YLdnosdet i l q-1 441 Xl l V T portrv a Iao LL x3oa i a LISA A ANA' JDAWL, 0A0i. l'FtUSIF& -PORTION M OF TL-400 ac " 40,283 SOFT& 0 925 ACRESI POW or k. E3E.~i1Mh111V~ tt <31 DY'Of)' ~ o SCALE 0 125 :100 ~.Qtnr :.:.:.:..::.:.::..----1 CO4MF9EEfifhi - - - • - Ak. Z, FEAT . x 1 AtCH = 50" FT . . . aesrst~ ~s ((icKco a CACH FAM PROPERTIES PO~ . •FHfi~}Y~7P F`1Ct~I2f3 m usi Ewr. I~iS7R,6t .Iasi hats VA-YE Br REVit,_. TAX MAP 2's -1 " ' ~ Tom'" LOT 110. 400 8a306T-S:. " _ 442 r ~!tii 8~rft~t;Rn~~;.dtfit~ Out 0 111,1, LrYEil~~i ~L,~Y1F .T~e ~a1.17~sr~i .ft~ri o1`'l:ai~~~ots `100:•~Ofl ttn~,tt: ortt . Hof 2111} sessars:iti~e ::]Sb~G k- parcel- tsi`":lai#d.,being tsar :t Cf .;if W'd Eortve ~c l to: crald C: Cuch 04 ~>saA: t,- Cnvh: Oy :tl€utiiri';s~eclat tirrai~:ti: iFe iifrtrti April ib,.:199b in Docuntt nY Ado; .lfi-d°0fri, "'~ltasfiiittgton 6,xltit~ Bac k ontecord , a .p Of---fion of="ttiakvact of Imid conyeyeil to Eoialtl C: ?vaclz atitl tau. -CAeh,Oy, staff rory'tuir ~ti{t and .sale de $:rect~rcled:FohWy24,.31393 bi Doquibef cNo. 93y142D .said, rook of records, and. u portion of shat. tract. o:land conveyed, to Lisa X. Caeb *ild jott L. ac .:as ci-ti ne s~'.f the Nd iWh:S elter `must by` cmy "deed re rcietl la tuat r 2G;?lJSIAi~:Dociztie~"I~at Z£1~24-4D7"10$, ss#d liocs~ t~f recot`ds, ands referre>d ~to: therein as Parcel I :nf Protrerly No,. "8r ` ecate:d in: the southeast:-inje=quatter ixf' a t3~n. f'assii:ltils f3ttit11, Rignp- I West Of. the wiliai'fifeElt: i1r1"eridiart in Wbshi~gton County Oregon- -sa:i4 #aO.' drscnbed specafi~lty tow" V-Owenei.n.g.ai the southwest corner of the-southeast oitcKluarter. :of-s3M.4ection "3; T}ieneeY .Notdl 00647`39': Vfts ; aloft th'i west Rite.,df mid:-seutltetta., oite•: 1-lot ier;,:a" ~1i51ar„•oq" of 1~5~44t1 ~>re~: 'lhr~see: Souktr $9°49`0014'&st, tiaealW "midi .tho south. line of- said Sec4on:.5. a -dis ee of 1020,1-5- fleet to the- Vea ht::ofway` 1, ft 0- ~S.yY: ruunrise F;arie• as dedi~atetl "ta the jstttil►o ">}y tletticatiuiI:dee l rec rfli cl My 1 ,.:i93:1 is Book E47,. Page Si, swill book ni'rccords,"saidxigfit-off way clue freing :20:0:0 &et 60.M, t#t~: u~te> l riE tlfertuF :measiireci lic riioitc#iculta.~ tlrerctci. Thence; l o.a... t3:0 '33 1.4".Fast; clang. s~izi ~ est"ri. ti}>ot=way tine,:a &Iance of`260:00 :fee} toy the :of -fie north line .of. that tract, "of tanil Venyeye. .ta loon L.:C PA- by quiWairn deed.. rec irdetl: lan.wy. 2:1, 1977 itiBouk-1:1"39r PnBe. 9:19; said. wa,;ol'.rec ir0'. said point woo- llie 1'o if Thence.. fratrk said '41n:fi of SgWultig; :Rstnh $.}°"4$' 11': Vl'6t= Wag a d -ftartb Ro a: di (ante- POI-0.00• ee; W. (he nOffb l bIt corner thetOof, WA is atfio: tiff angle-ts At in :thy 040 AW oft a"t Exact 0 land con eye9 0 fheCity tlf Ttg'ard; aregon: b), staiutory warn nfy. deed recorded July 299,. 1.93:1: in; Doewnent no. 9942--8. ,:said b dk of reoor&, Thence, along the east-6 es of :said City of Tigard tract -the:.following::four courses, -Mah. t3t1° 36"15" }rastx n istat of S$:33 feet; yl.'lieiiceY~ortt3i~6°:38'413" ~~%esl•a•distai~e:pfi':E:2.'si63 feet; Then-,CC;NWfh2W' 53L45' lfcst,a"distance f.29g.f?9ee4 T'heriEe,-North. I ° 57T 59" last, it distance- of 1:8I& fdetto an angle &i.16114,41fe"ttcy oh litre b .f that tiac.t of land"convey&-to-tseftld C. Ctith-wid;l"oatt I . Each-by;. wafirafity-deed~ec©i?tlcil Ootalier_l; 19.62: in13,o*472; p545, said"-bonk.of-xwprds; Pipe I of 2 ~t+hy.$Gi~v.~YtPY~uK~~ S~i~i~ilLc •:F1Sii;!~£t>c F~13~(~x` 443 I ?fien(Ile #Is asi aloti:g:.:s i '►ciastH'..1.iiae- list is Of X17>~k7 ;f+ret t~st~ie nttitw t: ,comer of that tact of ltuid eonveye d. to. Christopher J. Caeh: id . --Wzr- r L C.aeh by special: -tvartatity: dreil roc&4 d Apill 1:5,.'1 996-14. UbcctiiiM 5:6-3307`;. Vlid bOk Ofjro,'Cof l Tltt=rai±e,: vu t 4 9'1=S u.~tx.fl1MgAh-eDivestJi-fle:of said -traict;udistunee°af: -I-AYf=Cto-flee: south ies f, 6-Off, llellt a S uiti E? °fl3`'~G" Nest, g4tppce of 1.j5,06 fee[ to Eha uorthmmstzomeraf'that-truct of land conveyed to `Eltca6 i Philll~.s and Salim 7 wne Phillips by Wtaunti:ty, deed :ft0tded. ~T©~~ib?ir'C~; •~1~~5: air 8ni~k ?2~y Page 73~, surd: dec~reraii~3; - 'l'liene~;: ~Sotitb~~s4~°t3U"mast, alrJtag: the tiorfli lilac of':sad~ traLt; .a disfltlcexif` l'6~:Oa fearr•ta-t1ieatortiaeast.carnnr.'#laers txC:`on sir cl s!-riulu-o3Ava3 line Sunrise 144 it, `ftteiice;. oli€h 04` 1a' 1'es <at>3ia said ?esE z i f:r ay:;}fir,. g:iiistnrtee 0f 14:1.83.feattOjag. 6°t# iltt tlir i-Oini. Thence; gn tla.09°-3~`"F.4." West;.-id g. said avesf ii~lii~of ~gsi5; litre',-a distaw*- --of.l8` 4firfatt., POW of beo vkl.ost Tbe.. Aba.ve:clssci lacd:.pa e(. Contains t 3`~I.,53>f square: feet mw ter less, avhich is: 3:243 acres axaore. or less. REGISTERED ~R~~'~sSt6Na~ ORrr.GOt~I JlNi(AR'F Zd. ~$H3 - :GARY P.:CHRISTERSON 2377 WNEWAL• DECEWBER72007 :1'~ry. tE~h$df~1T~0$T`~Ur`T-Y~PCUGICD(S:•it~1:Ih'sf{ilui•~pt`[?ChJC~i i-7''LY,1#!-7Gd-poAi@nQ(lO.dtw„ 1'ageZ.'af2 IF~r&.Y(~l iGLalr.: :{lii'rwoo $ i31:OW iSr 444 .............„T A 4W A GERALD C. ~ j0AN- L.. •C-ACH r3 ~y OF tL2-10 ES~. ~t1C ~!1tZ 56=3.3at~` X. Qi-tb- 1: ~ t*r 1'3:34 SQFTt ~V: -§iPOfi?7f<3N 01= cr; Sir 11EV GERALD C. h JOAN L CACH- : QdC NO &-eta} fbo " -OK. 72.x: y~fl• f SB'38'44 °E poiNT or € t ' GA.CH' 726:3 ! BEGINNING . X300 X8:33' - ~j 40d. k BK PG. M, p N a ` 589'49-Wit f SCALE 0 .Z 7, COMMEW&WEXT 7 t H = '100 Ft a~s~rt. CAC! -ARrNL:~` ?1 Cf 12i'l S Ax?±tn s» X r cwL of : ear psrr; F04-T 5 01:11'-OFT1GAR€ : -T. I ..I. TAX MAP: 2- 1 tZC ilia 30r - - ~ . - - - - estt..+cA Ir;V: 1~/.}Jvy[j~')~L !7', Hl.'A.Y~'fi: f."~#~i~J~iaf' ~1~1~ = aveu. alb' . 4iA" - ~~1~ ai f sfQll R4£tfrZ- - 445 .o ~ F SW > Q Cach Creek Area Annexation S ST City of Tigard W W KLIPSAN Oregon -JJ V VE I1 I { 4 Z 3 coNE Proposed o Annexation Area W City of Tigard EWL Taxlot Boundary Remove from 0 Proposal G A ERLN f Q n N C'T "Th.wrm„we.wp.mw4mrbwq~.rwo • hyr. I7, IOM, Mwvw W wU N W....w W.<r S Z e .dwrlwn~ mvr m.lm IM mrrn of mq. iry~RO F,p 'A n ve rn X Ym W cr Cach Creek Area Annexation No. Tax Map Property Owner Acres 1 2S105DB06100 COT 1.36 2 2S105DB06200 COT 0.37 3 2S105DB00400 Tigard Water District 11.03 4 2S105DO00201 COT 12.15 5 2S105DD00300 Dyer 2.56 6 2S105DD00200 Dyer 0.47 7 2S105DO00300 COT (Cach) 3.20 8 2S105DC00400 COT (Cach) 0.93 Sunrise Lane ROW 3.71 Total Acreage of Parcels 32.07 Total Acreage with ROW 35.78 s 447 i TO THE CACIL OF THE CITY OF TIGARD OREGON: 0 On behalf of the Tiggard Intergovernmental Water Board and to the extent of the Board members' property interest in the properties described below as Board Chairman I hereby petition for, and give consent to, Annexation of said property to the City of Tigard. We understand that the City will review this request in accordance with ORS Chapter 222 and applicable regional and local policies prior to approving or denying the request for Annexation. LEGEND: PO - Property Owner RV - Registered Voter PAGE I OF OV - Property Owner & Registered Voter I AMA PROPERTY DESCRIPTION SIGNATURE PRINTED NAME PO RV OV ADDRESS Township/ Map Tax Lot Precinct DATE Section Number Number Number ux4c.40W^ CAI C K l ss Sw srevrxu r r 47223 2S-1W5 DB 400 •Z 6200 6100 2S-1W5 DC 100 200 300 400 00 is\curpln\masters\revised\anxpetn.mst 15-Aug-02 TO THE Co41CIL OF THE CITY OF TIGARD, OREGON: 0 On behalf of the Tiggard Intergovernmental Water Board and to the extent of the Board members' F ro perty interest in the properties described elow as Board Chairman I Hereby petition for, and give consent to, Annexation of said property the City of Tigard. We understand that the City will review this request in accordance with ORS Chapter 222 and applicable regional and local policies prior to approving or denying the request for Annexation. LEGEND: PO - Property Owner RV - Registered Voter PAGE 2. OF OV - Property Owner & Registered Voter I AM A PROPERTY DESCRIPTION SIGNATURE PRINTED NAME PO RV OV ADDRESS Township/ Map Tax Lot Precinct DATE Section Number Number Number 2S-1W5 DB 400 Ft cN (3(p S w 3 Moet- r cr q? 6200 7Sol-c) 6100 2S-1W5 DC 100 200 300 400 i:\curpln\masters\revised\anxpetn.mst 15-Aug-02 J TO THE Co41CIL OF THE CITY OF TIGARD OREGON: On behalf of the Tiggard Intergovernmental Water Board and to the extent of the Board members' property interest in the properties described below as Board Chairman I hereby petition for, and give consent to, Annexation of said property to the City of Tigard. We understand that the City will review this request in accordance with ORS Chapter 222 and applicable regional and local policies prior to approving or denying the request for Annexation. LEGEND: PO - Property Owner RV - Registered Voter PAGE 30F OV - Property & Registered Voter I AM A PROPERTY DESCRIPTION SIGNATURE PRINTED NAME PO RV OV ADDRESS Township/ Map Tax Lot Precinct DATE Section Number Number Number 2S-1W5 DB 400 6200 • catE~r~srucH (365s sw smr%ygcr!T-2zz3 6100 •y{+o 2S-1W5 DC 100 200 300 400 0 l:\curpln\masters\revised\anxpetn.mst 15-Aug-02 I TO THE IRCIL OF THE CITY OF TIGARD OREGON: On behalf of the Tiggard Intergovernmental Water Board and to the extent of the Board members' Fo roperty interest in the properties described elow as Board CFiairman I hereby petition for, and give consent to, Annexation of said property the City of Tigard. We understand that the City will review this request in accordance with ORS Chapter 222 and applicable regional and local policies prior to approving or denying the request for Annexation. LEGEND: PO - Property Owner RV - Registered Voter PAGE `t OF OV - Property Owner & Registered Voter I AMA PROPERTY DESCRIPTION SIGNATURE PRINTED NAME PO RV OV ADDRESS Township/ Map Tax Lot Precinct DATE Section Number Number Number 2S-1W5 DB 400 6200 6100 Sct(F c 1>eOXIC N l 3 SS rw s r m uojcr 4Z2-7-2S-1W5 DC 100 07.,zS .0 200 300 400 i:\curpln\masters\revised\anxpetn.mst 15-Aug-02 TO THE COCIL OF THE CITY OF TIGARD OREGON: On behalf of the Tiggard Intergovernmental Water Board and to the extent of the Board members' property interest in the properties described below as Board Chairman I hereby petition for, and give consent to, Annexation of said property to the City of Tigard. We understand that the City will review this request in accordance with ORS Chapter 222 and applicable regional and local policies prior to approving or denying the request for Annexation. LEGEND: PO - Property Owner RV - Registered Voter PAGES OF OV - Property & Registered Voter I AM A PROPERTY DESCRIPTION SIGNATURE PRINTED NAME PO RV OV ADDRESS Township/ Map Tax Lot Precinct DATE Section Number Number Number 2S-1W5 DB 400 6200 6100 2S-1W5 DC 100 c~.rV~Sctr~'t~)~r2.itM SS Sw stttw-*- c.i 4?2Z3 200 2.K•0 300 400 N is\curpln\masters\revised\anxpetn.mst 15-Aug-02 TO THE COMCIL OF THE CITY OF TIGARD OREGON: LO • On behalf of the Tiggard Intergovernmental Water Board and to the extent of the Board members' property interest in the properties described below as Board CFiairman I fiereby petition for, and give consent to, Annexation of said property to the City of Tigard. We understand that the City will review this request in accordance with ORS Chapter 222 and applicable regional and local policies prior to approving or denying the request for Annexation. LEGEND: PO - Property Owner RV - Registered Voter PAGE ~ OF OV - Property Owner & Registered Voter I AMA PROPERTY DESCRIPTION SIGNATURE PRINTED NAME PO RV OV ADDRESS Township) TMap Tax Lot Precinct DATE Section Number Number Number 2S-1W5 DB 400 6200 6100 2S-1W5 DC 100 200 t. Scrt+E~o~'zac sw .sue' t.f' 4 300 ?-z~•o 400 U w I:\curpln\masters\revised\anxpetn.mst 15-Aug-02 TO THE COINCIL OF THE CITY OF TIGARD OREGON: 40 On behalf of the Tiggard Intergovernmental Water Board and to the extent of the Board members' property interest in the properties described below as Board Chiairman I Hereby petition for, and give consent to, Annexation of said property to the City of Tigard. We understand that the City will review this request in accordance with ORS Chapter 222 and applicable regional and local policies prior to approving or denying the request for Annexation. LEGEND: PO -Property Owner RV - Registered Voter PAGE ~'OF OV - Property & Registered Voter I AM A PROPERTY DESCRIPTION SIGNATURE PRINTED NAME PO RV OV ADDRESS Township/ Map Tax Lot Precinct DATE Section Number Number Number 2S-1 W5 DB 400 6200 6100 2S-1W5 DC 100 200 300 E+ E2t c 3 SS W c JcN C77 ?'I 2 400 F7 is\curpln\masters\revised\anxpetn.mst 15-Aug-02 • • TO THE COUNCIL OF THE CITY OF TIGARD, OREGON: We, the undersigned owner(s) of the property described below and/orelector(s) residing at the referenced location(s), hereby petition for, and give consent to, Annexation of said property to the City of Tigard. We understand that the City will review this request in accordance with ORS Chapter 222 and applicable regional and- local policies prior to approving or denying the request for Annexation. LEGEND: PO - Property Owner RV - Registered Voter PAGE OF OV - Property Owner & Registered Voter AM A PROPERTY DESCRIPTION SIGN TURE PRINTED NAME PO RV OV ADDRESS Township/ Map Tax Lot Precinct DAT t Section Number Number Number DF/(!/,5 ~DELGE~fEINL- e or , TZS oSDc 'Zoe b 4tmve / 3125' Sc✓ hO (.C. 6W6 775-,440 ca2r • ?7 2z 3 ~ ,ce. f b Un i:\curpln\masters\revised\anxpetn.mst 15-Aug-02 N N TO THE COUNCIL OF THE CITY OF TIGARD, OREGON: we, the undersigned o mer(s) of the propedescribed below andlor•e(ector s) restdh at the referenced location(s) hereby pedu for, and w ghie consent to, Anrwi ration o{ said property the City of Tigard. We tenders d that City will review this request in accordance with m ORS Chapter 272 and applicable regional and local policies prior to approving or denying the request for Annexation. r m LEGEND: PO - Property Owner RV- Registered Voter PAGE - OF 9 OV • Property Ora►er & R stared Voter N a •I Aa A PROPERTY DESCRIPTION SIGNATURE PRINTED NAME PO RV OY ADDRESS Tovm"hipr .wrap Tex Lai vrednd DATE Sec6an Nvftu Hw*w WMber Noffa for B' 2 MAR 01201 - - 6 Sunridge Builders Road and 'W 1~gll Mountain x Inc. dba Brentwood o 2S1 08AB 01200 x bones as President J J r.. N 1 O •f1 X - t N to CD c D o N N OS ~ O m • N m OWN O ' I:kurplnM~ttlseAtevisedloory~tams! 15'Au4-02 0 (o TO THE COUNCIL OF THE CITY OF TIGARD OREGON: We, the undersigned owner(s) of the property described below and/or elector(s) residing at the referenced location(s), hereby petition for, and ive consent to, Annexation of said property to the City of Tigard. We understand that the City will review this request in accordance with ~RS Chapter 222 and applicable regional and- local policies prior to approving or denying the request for Annexation. LEGEND: PO - Property Owner RV - Registered Voter PAGE OF OV - Property Owner & Registered Voter I AMA PROPERTY DESCRIPTION IGN PRINTED NAME PO RV OV ADDRESS Township/ Map Tax Lot Precinct DATt Section Number Number Number L.4K ;Z5 105 Z.D v i:\curpln\masters\revised\anxpetn.mst 15-Aug-02 CERTIFIED BY CERTIFICATION OF PROPERTY OWNERSHIP OCT 0 2 2006 (Double Majority Method) WASHINGTON COUNTY A& T I hereby certify that the attached petition for annexation of the territory described thet T~@APHY City of Tigard contains the names of the owners` of a majority of the land area of the territory to be annexed, as shown on the last available complete assessment role. NAME: TITLE: r 4 DEPARTMENT: ~sStSSsn ~-c/% r l% x.-oTion./ COUNTY OF: ZZ')4.SA/1 yG7c:✓1 DATE: 20 0 • ' indicates that 'owner' means the owner of the title to real property or the contract purchaser of real property. CERTIFICATION OF REGISTERED VOTERS I hereby certify that the attached petition for annexation of territory described herein to the . City-of Tigard contains the names of at least a majority of the electors registered in the territory to . be annexed. NAME: TITLE: DEPARTMENT: COUNTY OF: DATE: 458 CITY OF TIGARD - CERTIFICATION OF LEGAL DESCRIPTION AND MAP I hereby certify that the description of the property included within the attached petition (located on Assessor's Map Z s S ,3 , Dc. has been checked by me and it is a true and exact description of the property under consideration, and the description corresponds to the attached map indicating the property under consideration. NAME • TITLE C,fl~t7oC/1AP/~E2 DEPARTMENT /~ss<s51nz;e1, ~xXf7-10--l COUNTY OF -ro J DATE 0C.TOt3v2 -Z zoo 6 ANNEXATION. CERTIFIED - - BY OCT 0 2 2006 WASHINGTON COUNTY A& T CARTOGRAPHY tcurplnVnastersllegal description certification 1.5-Aua-02 ' 459 ANNEXAMN DESCRIMON A tract of land situated in the Section 5, Township 2 South Range 1 West Willamette Meridian described as follows: Beginning at the Northeast Comer of Stanhurst; thence N 00° 47' 29" E a distance of 1227.67 feet; thence N 00° 47'29" E a distance of 225.00 feet; thence S 88° 52'17" E a distance of 341.09 feet; thence S 00° 47' 29" W a distance of 225.00 feet; thence N 88° 52'17" W a distance of 117.09 feet; thence S 00° 11'04" E a distance of 348.04 feet; thence S 89° 12'37" E a distance of 420.08 feet; thence S 01' 12'28" W a distance of 615.64 feet; thence N 88° 41' 47" E a distance of 356.41 feet to the westerly right-of-way of SW Sunrise Lane; thence along the said westerly right-of-way the following 7 courses; thence N 14° 18'07" W a distance of 11.36 feet; thence N 16° 59' 53" E a distance of 92.68 feet; thence N 43° 18' 47" E a distance of 111.75 feet; thence N 04° 36'28" E a distance of 155.66 feet; thence N 01° 25' 58" E a distance of 131.41feet; thence N 18° 08'48" W, along said westerly right-of-way, a distance of 101.59 feet; thence N 05° 04' 06" E, along said westerly right-of-way, a distance of 89.57 feet; thence S 84° 55' 54" E leaving said westerly right-of-way, a distance of 40.00 feet to the easterly right-of-way of SW Sunrise Lane; thence N 84° 18'39" E a distance of 123.69 feet; thence S 87° 13'42" E a distance of 312.82 feet; thence S 01* 01' 50" W a distance of 304.42 feet; thence N 89° 28'08" W a distance of 409.21 feet to the easterly right-of-way of SW Sunrise Lane; thence, along said easterly right-of-way the following 8 courses, S 01' 25' 58" W a distance of 11.28 feet; thence S 04° 36'28" W a distance of 171.82 feet; thence S 43° 18'47" W a distance of 116.45 feet; thence S 16° 59' 53" W a distance of 72.12 feet; thence S 14° 18'07" E a distance of 184.66 feet; thence S 04° 12' 11" W a distance of 330.61 feet; thence S 00° 35' 17" W a distance of 322.91 feet; thence S 00° 15' 17" W a distance of 68.92 feet to the northerly tight-of-way of SW Sunrise Lane; thence S 89° 49' 00" E, along said northerly right-of-way, a distance of 237.80 feet; thence S 00° 43' 00" W, along said northerly right-of-way, a distance of 20.00 feet; thence S 89° 49' 00" E, along said northerly right-of-way, a distance of 920.60 feet; thence S O0° 56'05" W a distance of 20.00 feet; thence N 89° 49' 00" W a distance of 4.92 feet to the northwest comer of lot 19 Bull Mountain Estates; thence S 00° WOO" W, along the west line of said lot 19, a distance of 15.00 feet to the extension of the southerly right-of-way of SW Sunrise Lane; thence N 89° 49'00" W, along said southerly right-of-way, a distance of 251.37 feet to -the northwest comer of lot 18 Bull Mountain Estates; thence N 00° 25' 58" E, a distance of 15.00 feet to the northwest comer of Bull Mountain Estates; thence N 89° 49'00" W, along southerly right-of-way of SW Sunrise Lane, a distance of 941.78 feet to the westerly right of way of SW Sunrise Lane; thence N 00° 15' 17" E, along said westerly right-of-way, a distance of 109.57 feet; thence N 00° 35' 17" E, along said westerly right-of-way, a distance of 175.45 feet; thence N 89° 47' 37" W a distance of 310.04 feet; thence S 00° 31'09" W a distance of 130.19 feet; thence N 89° 49'00" W a distance of 284.88 feet; thence S 00° 47' 38" W a distance of 155.00 feet; thence N 89° 49'00" W a distance of 135.00.feet; thence N 00° 47'38" E a distance of 155.00 feet; thence N 89° 49'00" W a distance of 300.00 feet to the easterly line of Stanhurst; thence N 00° 47'29" E, along said easterly line, a distance of 510.55 feet to the'point of beginning. Containing 35.78 acres. ANNEXATION CERTIFIED R E G I S T E R E D PROFESSIONAL BY LAND SURVEYOR 0 C 0 2 2006 3 R, WASHINGTON COUNTY A& T O P E G O N CARTOGRAPHY 'uN 18' 1D 80 JOHN R HALEY 1894 460 EXCEPTING A tract of land situated in the Section 5, Township 2 South Range 1 West Willamette Meridian described as follows: Commencing at the Northeast Comer of Stanhurst; thence N 00° 47'29" E a distance of 262.71 feet; thence S 89° 10' 59" E a distance of 624.11 feet; thence S 01° 05'50" W 10.03 feet; thence N 88° 41' 59" E a distance of 217.00 feet to The True Point of Beginning; thence S 05° 00'48" E a distance of 227.46 feet; thence S 05° 07'52" W a distance of 115.66 feet; thence S 89° 49'00" E a distance of 181.95 feet; to the westerly right of way of SW Sunrise Lane; thence N 04° 12' 11" E, along the westerly right-of-way of SW Sunrise Lane, a distance of 183.76 feet; thence N 14° 18'07" W, along the westerly right-of-way of SW Sunrise Lane, a distance of 168.15 feet; thence S 88° 41' 59" W a distance of 163.44 feet to the true point of beginning Containing 1.42 acres ANNEXATION CERTIFIED BY OCT 0 2 2006 WASHINGTON COUNTY A& T CARTOGRAPHY REGISYER90 PRoFE55 OHAL W4D SURVEY" 6 V4 ZW?y.• De- fi4et0 jtGAM tMnp~pftvhlamOmi'cnsWYmt 2~1 ttCon 5 42&WAW 461 YJ~'~ QI r,, ..a..,,_:.ac~~r; ,,...e. _:RSaftt...n~.►.~:.~:,,:''-*++~....:;,c ~ .c ~.~.r ,::~,.~t:.~..:ae~~:a:: ! ~rs,;,~"~!~ 2 S 1 5 D B v, •r,, ~ ' ~1{~ ":i•+ - • r.e~;+, `:f: f . ~`y ~'''.:'i. • '~f.. 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Site Information The subject site is located along the western boundary of the City of Tigard; the majority of Sunrise Lane is contiguous to the City limits. The site is part of unincorporated Bull Mountain and the City of Tigard's Urban Service Area. The subject site is predominantly in public ownership and used for public purposes, either now or in the future. The Menlor Reservoir provides public water storage facilities for the Tigard Water District. The subject site also includes land banked for the Cache Creek Natural Area and future public water facilities: The City of Tigard Water Distribution System Hydraulic Study (May 2000) shows a future 550'-elevation-zone Reservoir #1 located on City-owned land adjacent to Sunrise Lane. The subject site also includes residential land (vacant and in current use). There are four primary structures located on the subject site: the Menlor Reservoir and three homes. The two southernmost residential parcels are currently under development review; the owner has submitted separately a land-use application for a 17-lot subdivision (SUB2006-00003). That application is a separate land-use decision with its own set of review criteria and will not be addressed in this report. The majority of the subject site contains steep slopes, defined as 25% slope or greater. The City of Tigard Community Development Code requires Sensitive Lands permits for development on parcels with steep slopes. There are two wetlands designated as Title 3 wetlands in the subject area. Ownership The City of Tigard is the majority land owner of the subject site, with 13.88 acres in current ownership and an additional 4.128 acres recently acquired. The Tigard Water District owns 11.03 acres (Menlor Reservoir). The remaining 9.14 acres are in private ownership. All owners have consented to the annexation and have signed the required petition forms. Zonmg The proposed annexation territory is current zoned R-6, a Washington County residential zone designated for residential development at no more than six (6) units per acre and no less than five (5) units per acre. The equivalent City zoning is R-7, a medium-density single-family residential zone with a minimum residential lot size of 5,000 square feet. The proposed annexation territory would change to this zoning upon annexation (Zone Change Annexation). 466 Cache Creek Area Annexation 9 City of Tigard APPLICABLE APPROVAL CRITERIA Annexations are processed by means of a Type IV procedure, as governed by Chapter 18.390 of the City of Tigard Community Development Code (Tide 18) using standards of approval contained in 18.390.020(8). The following narrative will address all related criteria for the proposed annexation. A. CITY OF TIGARD COMMUNITY DEVELOPMENT CODE (TITLE 18) 1. Chapter 18.320.020: Approval Process and Standards. B. Approval Criteria. The decision to approve, approve with modification, or deny an application to annex property to the City shall be based on the following criteria: 1. All services and facilities are available to the area and have sufficient capacity to provide service for the proposed annexation area; and The City of Tigard Comprehensive Plan's Urbanization Chapter (Policy 10.1.1) defines services as water, sewer, drainage, streets, police, and fire protection. Each service is addressed below. Policy 10.1.1 further defines capacity as "adequate capacity-, or such services to be made available," to serve the parcel "if developed to the most intense use allowed," and "will not significantly reduce the level of services available to developed and undeveloped land in the City of Tigard." The proposed annexation territory is currently zoned R-6, a Washington County residential zone designated for residential development at no more than six (6) units per acre and no less than five (5) units per acre. With annexation, the subject site's zoning would change to R-7 per Table 320.1 (Title 18). This equivalent city zoning provides for medium-density, single-family residential with a minimum residential lot size of 5,000 square feet. As noted earlier, the subject site's current and planned uses are mostly public: water provision and a natural area. The property deeds for certain parcels limit the City to these two uses. If the remaining 9.14 residential acres were developed to their designated capacity of 7 units per gross acre, without allowance for the sensitive lands present, the sites could accommodate approximately 63 units total. This gross calculation breaks down as follows: two northeast parcels (Dyer), 21 units; two southwest parcels (Brentwood), 42 units. These figures were used for City department evaluations of Policy 10.1.1 of the available services. When these sites develop, the applicant will be required to connect to public service facilities. The land-use review process will identify specific service provisions and require additional facilities or upgrades as appropriate, as well as consider the sensitive lands present. Water - City of Tigard Public Works. The City of Tigard's water system has the capacity to provide the mui'um State of Oregon water service requirements for the proposed annexation, according to Public Works Dept. Project Engineer Rob Murchison. Murchison's review concluded that the parcels developed to the most intense use allowed will not significantly reduce the level of services available to developed and undeveloped land within the City of Tigard. Attachment A includes Murchison's Aug. 16, 2006, memo and a map of water serviceability to the annexation area that identifies area water lines. Murchison's memo also notes that the proposed development (Brentwood) may require upsizing and a 8" connection to the existing system; again, that application is a separate land-use decision with its own set of review criteria and will not be addressed in this report. The land-use review process will identify specific service provisions and require additional facilities or upgrades as appropriate based on the specific development proposal. Tigard City Engineer Gus Duenas further confirms that the City has adequate capacity ("Memorandum," Attachment B) and states that "the City has the ability and capacity to determine what specific improvements may be needed and the ability and capacity to provide service through 467 Cache Creek Area Annexation 9 City of Tigard All public services (as defined by the Comprehensive Plan) are available to the proposed annexation territory and all public services have sufficient capacity to provide service to the proposed annexation territory. 2. The applicable Comprehensive Plan policies and implementing ordinance provisions have been satisfied. Four Comprehensive Plan policies apply to proposed annexations: 2.1.1, 10.1.1., 10.1.2, and 10.1.3. Policy 2.1.1: Citizen Involvement. The City shall maintain an ongoing citizen involvement program and shall assure that citizens will be provided an opportunity to be involved in all phases of the planning process. The City provides notice for Type IV land-use applications as governed by Chapter 18.390 of the Community Development Code (Title 18). Chapter 18.390 requires the Tigard City Council to hold a hearing on an annexation; the public hearing for this proposal will be held on Sept. 26, 2006. Chapter 18.390 also requires the City to provide notice at least 10 days prior to the hearing by mail and to publish newspaper notice prior to the public hearing. The applicant submitted envelopes with postage to the City for mailing public notice. Policy 10.1.1: Urbanization. Prior to the annexation of land to the City of Tigard, a) the City shall review each of the following services as to adequate capacity, or such services to be made available, to serve the parcel if developed to the most intense use allowed, and will not significantly reduce the level of services available to developed and undeveloped land within the City of Tigard: 1. Water; 2. Sewer; 3. Drainage; 4. Streets; 5. Police; and 6. Fire Protection. As addressed under 18.320.020 above, adequate service is available to the proposed annexation territory. Based on comments from City of Tigard staff, there is adequate capacity to serve the annexation area (water, sewer, drainage, streets, police, fire protection) if developed to the most intense use allowed, and it will not significantly reduce the level of services available to developed and undeveloped land within the City of Tigard. b) If required by an adopted capital improvements program ordinance, the applicant shall sign and record with Washington County a nontemonsttance agreement regarding the following: 1. The formation of a local improvement district (L.I.D.) for any of the following services that could be provided through such a district. The extension or improvement of the following: a) Water, b) Sewer, c) Drainage, and d) Streets. 2. The formation of a special district for any of the above services or the inclusion of the property into a special service district for any of the above services. This criterion does not apply: No capital improvements program requires a no nremons trance agreement for this area. Some urban services are already available for the proposed annexation territory; others are available nearby and would require connections from the proposed annexation area. However, these public facility requirements will be assigned as part of any subdivision review when an application is submitted. c) The City shall provide urban services to areas within the Tigard Urban Planning Area or within the Urban Growth Boundary upon annexation. • The Tigard Urban Planning Area (as defined in the Wlarbington County - Tigard Urban Planning Area Agreement, July 2006; Attachment D) includes the proposed annexation territory. The City is the designated urban services provider for the services defined in the Tigard Urban SemaceAgreement (2002) and subsequent operating agreements: police; parks, recreation and open space; roads and 468 Cache Creek Area Annexation 9 City of Tigard its existing system and any additional infrastructure that will be required when development occurs." Sewer - Clean Water Services/City of Tigard. Tigard City Engineer Gus Duenas ("Memorandum," Attachment B) reviewed the proposal and provided the following comments: "Sanitary sewer service is provided at the retail level by the City and at the wholesale level by Clean Water Services (CWS). As to the capacity of the City's system, the City is capable of providing retail level sewer service without significant reduction in the level of services provided to developed and undeveloped properties in the City. As with the water system, some local lines will be required to be provided by the developer at the time of the development. The City is prepared to accept, operate and maintain public sewers constructed within the annexed area. Sewer service can be extended from CWS facilities in Menlor Lane and 154`h Avenue located north of the site. The City is capable of determining what additional facilities will be required and of administering all portions of the retail sanitary sewer system, both existing and future additions in the area to be annexed, without significant reduction in the level of services provided to properties in the City." Drainage - Clean Water Services/City of Tigard. Tigard City Engineer Gus Duenas ("Memorandum," Attachment B) reviewed the proposal and provided the following comments: "Storm drainage service, like sanitary sewer service, is provided jointly by the City and CWS. Site specific drainage facilities will be required at the time of development and will be developed and constructed in accordance with City standards. The retail system as the capacity to provide adequate storm drainage without significant reduction in the level of services provided to developed and undeveloped properties in the City." Streets - City of Tigard Capital Construction & Transportation Division. The City's Transportation System Plan (TSP) standards apply. The proposed annexation territory is located adjacent to Sunrise Lane, which is designated a neighborhood route in the City's Transportation System Plan (TSP). In addition, the southernmost portion of the proposed annexation territory (WCTM 2S108AB01201) fronts directly on SW Bull Mountain Road, which the City's TSP designates as a collector. Additional roads to serve the proposed annexation territory include 150`s Avenue, Roshak Road, 154`s Avenue, and other surrounding streets. Tigard City Engineer Gus Duenas ("Memorandum," Attachment B) reviewed the annexation proposal and concluded that some improvements to these streets may be required as part of the development of the annexed area, including extension of existing streets into the area. However, Duenas determined that the City can provide services to this site, and "doing so will not significantly reduce the level of services to developed and undeveloped land within the City of Tigard." Police - City of Tigard Police Department. The City of Tigard's Police Department has reviewed the annexation proposal and stated that the proposed annexation would not impede current levels of service to existing developed and undeveloped areas in the City of Tigard. If the area is annexed, Tigard Police can provide adequate services to the proposed area. (Attachment C). Fire - Tualatin Valley Fire and Rescue (TVF&R). Tualatin Valley Fire and Rescue (TVF&R) already serves the proposed annexation territory. Additionally, TVF&R reviews all subdivision • development proposals and annexation proposals for the City of Tigard and would provide additional comments at that time. 469 Cache Creek Area Annexation 9 City of Tigard streets; sanitary sewer and storm water (through an operating agreement with Clean Water Services); and water service. Upon annexation, those services will be provided according to the City's current policies. Policy 10.1.2: Urbanization. Approval of proposed annexations of land by the City shall be based on findings with respect to the following: a) The annexation eliminates an existing "pocket" or "island" of unincorporated territory; or, b) The annexation will not create an irregular boundary that makes it difficult for the police in an emergency situation to determine whether the parcel is within or outside the City; c) The Police Department has commented upon the annexation; d) the land is located within the Tigard Area of Interest and is contiguous to the City boundary; e) The annexation can be accommodated by the services listed in 10.1.1(a). A) The proposed annexation does not eliminate an existing pocket or island of unincorporated territory. It does remove portions of an existing pocket ("Dyer" property) and would incorporate City-owned land and publicly owned land that provides Tigard residents with public services. B) As stated earlier, only 9.14 acres of the proposed annexation area are in private ownership and zoned for residential development. The remaining acreage consists of land in public ownership for public services, including land for the public water system and a natural area, which require limited services. The City of Tigard Police Department has reviewed the proposed annexation and has no objections. The department stated (Attachment C) that "the proposed boundary for the annexation does not appear to present any obstacles for emergency response by the Police Department." It should also be noted here that three adjacent properties on Sunrise Lane have expressed the desire to join this proposed annexation (15180, 14625, and 15110 SW Sunrise Lane); the annexation of those additional properties would eliminate additional pockets and create a more regular boundary. However, the current proposal does not include those properties. C) As shown in B. above, the City of Tigard Police Department has commented on the annexation. D) The Wa hington County - Tigard Urban Planning Area Agreement Ouly 2006) includes the proposed " annexation territory within Tigard's Area of Interest. The proposed annexation territory is contiguous to the City along the site's east boundary and Sunrise Lane. E) Lastly, as section 10.1.1.(a) demonstrated, the annexation can be accommodated by the following services: water, sewer, drainage; streets; police; and fire protection. Therefore, the proposed annexation meets Policy 10.1.2. Policy 10.1.3: Urbanization. Upon annexation of land into the City which carries a Washington County zoning designation, the City of Tigard shall assign the City of Tigard zoning district designation which most closely conforms to the county zoning designation. Chapter 18.320.020 C of the Community Development Code provides specifics on this conversion: C. Assignment of comprehensive plan and zoning designations. The comprehensive plan designation and the zoning designation placed on the property shall be the City's zoning district which most closely implements the City's or County's comprehensive plan map designation. The assignment of these designations shall occur automatically and 470 concurrently with the annexation. In the case of land which carries County designations, the City Cache Creek Area Annexation 9 City of Tigard shall convert the County's comprehensive plan map and zoning designations to the City designations which are the most similar. A zone change is required if the applicant requests a comprehensive plan map and/or zoning map designation other than the existing designations. (See Chapter 18.380). A request for a zone change can be processed concurrently with an annexation application or after the annexation has been approved. The proposed annexation territory's Washington County designation is R-6. Table 320.1 summarizes the conversion of the County's plan and zoning designations; R-6 County zoning converts to the City's R-7 zoning. As this is a Zone Change Annexation (ZCA) application, upon approval and execution of the proposed annexation, the territory will assume R-7 zoning to conform with the table below. Additionally, the City's Comprehensive Plan designation for medium-density residential will be applied to this area. TABLE 3-'0.1 CONVERSION TABLE FOR COUNTY AND CITY PLAN AND ZONLNG DESIGNATIONS Washington Couuly Land Use City of Tigard Zoning City of Tigard DishictslPlan Designation Plan Designation R-5 Res. 5 rauts acre R-4.5 SFR 7.500 sq. R. Lots' density 1-5 undtiacre R-6 Res. 6 ours acre R-? SFR 5.000 sq. fl. 'Ned. density 6-12 nuuts acre R-9 Res. 9 ruuts%acre R-1 2 Multi-finuly 12 tuutsiacre Med. density 6-12 nmitsiacre R-12 Res. 12 tuna acre R-12 Multi-f_-unily 12 um15.'acre Med. deusin' 6-12 units acre R-15 Res. 15 units acre R-'S Multi-fan:i1v25 touts acrr Medium-141211 deIBLrV 13 wets: acre R-24 Res 24 wut Acres R-25 Muln-family 25 unitVacre Mednu n-High deusin- l -2 tuuts acre Office Commercial C'-P Commercial Professional CP Conuutrctal Professional NC: Neighborhood Commercial CN'Neighborhood Commercial C'N Neighborhood Conuuerclal CBD Connercnal Business CBD Commercial Business CBD Commercial Business District District Drsulct GC General Commercial CG General Cbnunercial CG General Commercial IND hidustrial I-L Light Industrial Lt¢ht Industrnal■ City of Tigard Community Development Code 2 Chapter 18.390.060: Type IV Procedure Additionally, Chapter 18.390.060 sets forth five decision-making considerations for a Type IV decision: 1. The Statewide Planning Goals and Guidelines adopted under Oregon Revised Statutes Chapter 197; The City's Comprehensive Plan has been acknowledged by the Land Conservation and Development Commission to be in compliance with state planning goals. As reviewed above, the annexation proposal meets the existing Comprehensive Plan policies and therefore is in compliance with state planning goals. 2. Any federal or state statutes or regulations found applicable; ORS 222: State law (ORS222) allows for a city to annex contiguous land when owners of real property in the territory to be annexed submit a petition to the legislative body of the city. ORS 222.120 requires the city to hold a public hearing before its legislative body (City Council) and provide public notice to be published once each week for two successive weeks prior to the day of the hearing, in a newspaper of general circulation in the city, and shall cause notices of the hearing to be posted in four public places in the city for a like period. The property owners (or their representatives) of all 11 parcels have submitted signed petitions for annexation to the City, included in Section 1 of this application. The proposed annexation territory is 471 Cache Creek Area Annexation 9 City of Tigard contiguous to the City along the site's east boundary and Sunrise Lane. 3. Any applicable METRO regulations; Chapter 3.09 of the Metro Code (Local Government Boundary Changes) includes standards to be addressed by the reviewing jurisdiction in annexation decisions, in addition to local and state review standards. Metro 3.09.040 (b) (b) Not later than 15 days prior to the date set for a change decision, the approving entity shall make available to the public a report that addresses the criteria in subsections (d) and (g) below, and that includes at a minimum the following: (1) The extent to which urban services presently are available to serve the affected territory including any extra territorial extensions of service; As addressed previously in this application, urban services are available to serve the affected territory. (2) A description of how the proposed boundary change complies with any urban service provider agreements adopted pursuant to ORS 195.065 between the affected entity and all necessary parties; As addressed previously in this application, the annexation proposal complies with all applicable provisions of urban service provider agreements (Urban Planning Area Agreement and the Tigard Urban Services Area agreement). (3) A description of how the proposed boundary change is consistent with the comprehensive land use plans, public facility plans, regional framework and functional plans, regional urban growth • goals and objectives, urban planning agreements and similar agreements of the affected entity and of all necessary parties; As addressed previously in this application, the annexation proposal complies with all applicable policies of the City of Tigard Comprehensive Plan and urban service provider agreements (Urban Planning Area Agreement and the Tigard Urban Sennces Area agreement). The proposed annexation territory is within the Urban Growth Boundary and subject to the Regional Framework Plan and Urban Growth Management Functional Plan provisions. There are no specific applicable standards or criteria for boundary changes in the Regional Framework Plan or the Urban Growth Management Functional Plan. However, the City's Comprehensive Plan and Development Code have been amended to comply with Metro functional plan requirements. By complying with the Development Code and Comprehensive Plan, the annexation is consistent with the Functional Plan and the Regional Framework Plan. (4) Whether the proposed boundary change will result in the withdrawal of the affected territory from the legal boundary of any necessary party; and The area remains within Washington County but will require the territory to be withdrawn from the boundary of the Tigard Water District, 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 upon completion of the annexation. (5) The proposed effective date of the decision. • The public hearing will take place Sept. 26, 2006. Metro Code 3.09.040 (d) (d) An approving entity's final decision on a boundary change shall include findings and conclusions addressing the following criteria: 472 1. Consistency with directly applicable provisions in an urban service provider agreement or Cache Creek Area Annexation 9 City of Tigard annexation plan adopted pursuant to ORS 195.065; As addressed previously in this application, the annexation proposal complies with all applicable provisions of urban service provider agreements (Urban Planning Area Agreement and the Tigard Urban Services Area agreement). The Tigard Urban Service Agreement (TUSA-2006) includes the proposed annexation territory. The agreement states that the County and City will be supportive of annexations to the City, and the City shall endeavor to annex the Bull Mountain area in the near to mid-term. The annexation proposal is consistent with this agreement. 2. Consistency with directly applicable provisions of urban planning or other agreements, other than agreements adopted pursuant to ORS 195.065, between the affected entity and a necessary party; The Wlasbington County-Tigard Urban Planning Area Agreement (UPAA-2004) includes the proposed annexation territory. The City will follow all processing and notice requirements in the UPAA, providing Washington County with 45-day notice prior to the public hearing. The agreement states that "so that all properties within the Tigard Urban Service Area will be served by the City, the County and City will be supportive of annexations to the City." The City will also provide notice to the affected CPO (CP04B) per the agreement. The annexation proposal is consistent with this agreement. 3. Consistency with specific directly applicable standards or criteria for boundary changes contained in comprehensive land use plans and public facility plans; As previously stated in this application, this proposal meets all applicable City of Tigard Comprehensive Plan provisions. This criterion is satisfied. 4. Consistency with specific directly applicable standards or criteria for boundary changes contained in the Regional Framework Plan or any functional plan; This criteria was addressed under 3.09.040(b). 5. Whether the proposed change 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 provision of public facilities or services because it is consistent with the terms of the Tigard Urban Service Area (TUSA) Agreement, which ensures the timely, orderly, and efficient extension of public facilities and urban services; it is adjacent to existing city limits and services; and lastly, urban services are available to the proposed annexation territory and have not been found to significantly reduce existing service levels. 6. The territory lies within the Urban Growth Boundary; and The subject territory is already within Metro's Urban Growth Boundary. 7. Consistency with other applicable criteria for the boundary change in question under state and local law. In previous sections, this application reviewed the proposal's consistency with other applicable criteria and found it to be consistent. • 4. Any applicable comprehensive plan policies; and As demonstrated previously in this application, the proposed annexation is consistent with, and meets, all applicable comprehensive plan policies. 5. Any applicable provisions of the City's implementing ordinances. 473 Cache Creek Area Annexation 9 City of Tigard &Fhere are no specific implementing ordinances that apply to this proposed annexation. Chapter 18 of the 'WUity's Community Development Code will apply to development proposals for the annexation area. Attachments Attachment A: "Memorandum," from Rob Murchison, Public Works Dept. Project Engineer Attachment B: "Memorandum," from Gus Duenas, Engineering Division Attachment C: E-mail from Jim Wolf, Tigard Police Department Attachment D: Tigard Urban Service Agreement, 2006 474 Cache Creek Area Annexation 9 City of Tigard CITY OF TIGARD Public Works Department Taking Care of the Community MEMORANDUM CITY OF TIGARD 13125 SW Hall Blvd. Tigard, OR 97223 Phone 503-639-4171 Fax: 503-624-0752 TO: Beth St. Amand FROM: Rob Murchison, Public Works Dept Project Engineer] DATE: 8-16-06 I SUBJECT: Cache Creek Area Annexation This memo is to confirm that the City of Tigard's Water System can provide the minimum State of Oregon water service requirements for the proposed annexation. Water is available in quantity and quality for domestic use as determined by the Oregon , Health Division, Department of Human Resources, (See Figure 1). Parcels developed to the most intense use allowed, will not significantly reduce the level of services available to developed and undeveloped land with the City of Tigard. This memo also documents the deficiencies in the City of Tigard's Local Distribution System in providing service specifically for the proposed developments. Water may not be available for the proposed "Brentwood" or "Dyer" properties in quantity for domestic use as determined by the Oregon Health Division, Department of Human Resources. The local distribution system may have to be upsized or may have to be connected to existing water piping in order to provide the minimum quantity. Per the document titled "City of Tigard Water Distribution System Hydraulic Study", and in accordance with the City of Tigard Water Main Up-sizing Policy, the City is requiring the "Brentwood" applicant to install an 8" water line through the proposed development (Bull Mtn. Rd. to Baker Ln.) and appurtenances at not cost to the City. A dedicated easement will be required in locations where the water line is installed outside a public right-of-way. 475 Also, per the documentation sited above, the City is requiring the "Dyer" applicant to install and 8-inch water line through the proposed development with eventual connection to the existing water line located in SW Sandridge Drive. i 476 { EX 6" W - I i SW , REVIEWED.. By Rob Murchison, P. E. at 3:01 pm, Aug 16,:20' EX 12" W Cach CreekArea EX 12" W a EX 12" W EX 12" W, s Annexation City of Tigard w KLIPSAN Oregon FIGURE 1. WATER SERVICEABILITY. 3 D DRAWING ONE EX 12" W Z Proposed c) Annexation Area m w City of Tigard EX 16" W EX 8" W a Taxiot Boundar y' EX 6" W O EX6"W G Ex 6" W EX 8"'W ' Q~ EX 6„ W V cT ^lY efrewlr iy.amm Ri eq:eveau.f ~ Au,uw 1.100{. R.v:M aip Y nuA.4:..' d.u.Ye a tlmaYm.w •.RS L1.eaiml dYmq. EX 12" W EX 8°"W u •ra , r.; W 14 V MEMORANDUM TO: Beth St. Amand Senior Planner FROM: Gus Duenas City Engineer RE: Cache Creek Area Annexation Eleven Parcels containing 38.18 acres and Sunrise Lane Right-of-Way DATE: September 1, 2006 The City is a provider of water service, sanitary sewer service, storm drainage services and streets. The referenced application requests annexation of 38.18 acres to the City of Tigard. The subject site is predominantly in public ownership. The site includes the Menlor Reservoir, land banked for the Cache Creek Natural Area and future public water facilities, and approximately 9.14 acres of residential property. The residential property, if developed to the designated capacity of 7 units per gross acre without allowance for the sensitive lands present, could accommodate approximately 63 units. The most intense uses allowed in the City of Tigard R-7 Medium Density Residential zoning district are attached single-family homes, detached single-family homes with or without accessory residential units at a minimum lot size of 5,000 square feet, and duplexes at a minimum lot size of 10,000 square feet. Mobile home parks and subdivisions are also permitted outright. Some civic and institutional uses are also permitted conditionally. Tigard Comprehensive Plan Policy 10.1.1.a requires that the City review and determine the City's capacity to provide services to the area upon annexation and development. The following are services that the City will provide as needed to the annexed area: Water: The City will provide water service to the area to be annexed. The City has an adequate water supply and the overall infrastructure to provide water service to the area to be annexed without significant reduction in the level of service to existing customers. It also has the capacity to provide any additional lines that may be needed to provide service when the annexed properties are developed. As with any development, improvements to local portions of the water system needed to provide service to the development will be required of the developer at the time of development. The City has the ability and capacity to • determine what specific improvements may be needed and the ability and capacity to provide service through its existing system and any additional infrastructure that will be 478 required when development occurs. The water system does have adequate capacity to serve the property to be annexed at the most intense use allowed without significantly reducing the level of services available to developed and undeveloped land within Tigard. Sanitary Sewer: Sanitary sewer service is provided at the retail level by the City and at the wholesale level by Clean Water Services (CWS). As to the capacity of the City's system, the City is capable of providing retail level sewer service without significant reduction in the level of services provided to developed and undeveloped properties in the City. As with the water system, some local lines will be required to be provided by the developer at the time of the development. The City is prepared to accept, operate and maintain public sewers constructed within the annexed area. Sewer service can be extended from CWS facilities in Menlor Lane and 154th Avenue located north of the site. The City is capable of determining what additional facilities will be required and of administering all portions of the retail sanitary sewer system, both existing and future additions in the area to be annexed, without significant reduction in the level of services provided to properties in the City. Storm Drainage: Storm drainage service, like sanitary sewer service, is provided jointly by the City and CWS. Site specific drainage facilities will be required at the time of development and will be developed and constructed in accordance with City standards. The retail system has the capacity to provide adequate storm drainage without significant reduction in the level of services provided to developed and undeveloped properties in the City. Streets: The property to be annexed is located just west of the Tigard City Limits. The site can be served by Bull Mountain Road, Sunrise Lane, 150th Avenue, Roshak Road, 154th Avenue and other surrounding streets. Some improvements to these streets may be required as part of the development of the annexed area, including extension of existing streets into the area. However, the City has determined that it can provide services to this site and doing so will not significantly reduce the level of services to developed and undeveloped land within the City of Tigard. c: Tom Coffee, Community Development Director Dennis Koellermeier, Public Works Director ~+as~us+mamraMUrshcr+m to bete st amaM - cache creek area a-mation.aoc • 479 Aftk { FI SW SW Q a Cach Creek Area S STLEC s Annexation City of Tigard W K W LIPSAN Oregon ti pEW. VE coNE ;U Proposed z ° Annexation Area m Sw S L City of Tigard a Taxlot Boundary O~ G AKER LN Q 2 Qv cn Iv ^ A O A 'A . 00 r ti Proposal The applicant requests annexation of 11 parcels containing 38.18 acres and the Sunrise Lane right-of--way i nto the City of Tigard ("Cache Creek Area Annexation"). The subject site is predominantly in public ownership and used for public purposes, either now or in the future. The Menlor Reservoir provides public water storage facilities for the Tigard Water District. The subject site also includes land banked for the Cache Creek Natural Area and future public water facilities: The City of Tigard Water Distribution System Hydraulic Study (May 2000) shows a future 550'-elevadon- zone Reservoir #1 located on City-owned land adjacent to Sunrise Lane. The subject site also includes residential land (vacant and in current use). If the remaining 9.14 residential acres were developed to their designated capacity of 7 units per gross acre, without allowance for the sensitive lands present, the sites could accommodate approximately 63 units total. On paper, this gross calculation breaks down as follows: two northeast parcels (Dyer), 21 units; two southwest parcels (Brentwood), 42 units. Is there adequate capacity, or such services to be made available, to serve the parcel(s) if developed to the most intense use allowed, and will it not significantly reduce the level of services available to developed and undeveloped land within the City of Tigard? Please note where the infrastructure is located, and address the following services: 1. Sewer 2. Drainage 3. Streets. 481 Beth St_Amand_- Re: Annexation Comments Page 1 From: Jim Wolf To: Beth St. Amand Date: 8/15/06 1:42:13 PM Subject: Re: Annexation Comments Beth, in response to questions regarding the annexation of Cach Creek; 1. The proposed boundary for the annexation does not appear to present any obstacles for emergency response by the police department. 2. The proposed annexation of Cach Creek would not impede current levels of service to existing developed and undeveloped in the City of Tigard. If annexed, Tigard Police can provide adequate services to the proposed area. If you have any further questions or related concerns, please contact me. Beth St. Amand 08/10 5:17 PM Hi, Jim - Hope you are doing well! Per my voice mail, here is the map (attached) and the proposal description. I am writing the application on behalf of the City. Thanks for your help on this. I will need it next week; please let me know if that's a problem for you. Take care, Beth After your review, could you respond to the following questions: 1. Does the annexation create an irregular boundary that makes it difficult for the police in an • emergency situation to determine whether the parcel is within or outside the City? 2. Is there adequate capacity, or such services to be made available, to serve the parcel if developed to the most intense use allowed, and will it not significantly reduce the level of services available to developed and undeveloped land within the City of Tigard? 482 } TIGARD URBAN SERVICE AGREEMENT i July 2006 This AGREEMENT is made and entered into by and between Washington County, a municipal corporation of the State of Oregon, hereinafter "COUNTY," the City of Tigard, a municipal corporation of the State of Oregon, hereinafter "CITY," Metro, a metropolitan service district of the State of Oregon, hereinafter "METRO," and the following Special Districts of the State of Oregon, hereinafter "DISTRICT(S)," Clean Water Services; Tigard Water District; Tri-Met; Tualatin Hills Park and Recreation District; Tualatin Valley Fire and Rescue District; and Tualatin Valley Water District RECITALS WHEREAS, ORS 195.025(1) requires METRO, through its regional coordination responsibilities, to review urban service agreements affecting land use, including planning activities of the counties, cities, special districts, state agencies; and WHEREAS, ORS 195.020(4)(e) requires cooperative agreements to specify the units of local government which shall be parties to an urban service agreement under ORS 195.065; and WHEREAS, ORS 195.065(1) requires units of local government that provide an urban service within an urban growth boundary to enter into an urban service agreement that specifies the unit of government that: will deliver the services, sets forth the functional role of each service provider, determines the future service area, and assigns responsibilities for planning and coordination of services; and WHEREAS, ORS 195.065(l) and (2) require that the COUNTY shall be responsible for: 1. Convening representatives of all cities and special districts that provide or declare an interest in providing an urban service inside an urban growth boundary within the county that has a population greater than 2,500 persons for the purpose of negotiating an urban service agreement; 2. Consulting with recognized community planning organizations within the area affected by the urban service agreement; and 3. Notifying Metro in advance of meetings to negotiate an urban service agreement to enable Metro's review; and Tigard Urban Service Agreement July 2006 Page 1 483 WHEREAS, ORS 195.075(1) requires urban service agreements to provide for the continuation of an adequate level of urban services to the entire area that each provider serves and to specify if there is a significant reduction in the territory of a special service district; and WHEREAS, ORS 195.075(1) requires that if there is a significant reduction in territory, the agreement shall specify how the remaining portion of the district is to receive services in an affordable manner; and WHEREAS, ORS 195.205 TO 195.235 grant authority to cities and districts (as defined by ORS 198.010) to annex lands within an urban growth boundary, subject to voter approval, if the city or district enacts an annexation plan adopted pursuant to ORS 195.020, 195.060 to 195.085, 195.145 to 195.235, 197.005, 197.319, 197.320, 197.335, and 223.304, and if the city or district has entered into urban service agreements with the county, cities and special districts which provide urban services within the affected area; and WHEREAS, ORS 197.175 requires cities and counties to prepare, adopt, amend, and revise their comprehensive plans in compliance with statewide planning goals, and enact land use regulations to implement their comprehensive plans; and WHEREAS, Statewide Planning Goals 2, 11, and 14 require cities and counties to plan, in cooperation with all affected agencies and special districts, for the urbanization of lands within an urban growth boundary, and ensure the timely, orderly, and efficient extension of public facilities and urban services. NOW, THEREFORE, the premises being in general as stated in the foregoing recitals, it is agreed by and between the parties hereto as follows: 1. ROLES AND RESPONSIBILITIES A. Parties to this AGREEMENT shall provide land use planning notice to each other in accordance with the provision of the "Cooperative Agreements," developed per ORS 195.020(4)(e). B. The parties to this AGREEMENT are designated as the appropriate provider of services to the citizens residing within their boundaries as specified in this AGREEMENT. C. The CITY is designated as the appropriate provider of services to citizens residing within its boundaries and to adjacent unincorporated areas subject to this AGREEMENT as shown on Map A, except for those services that are to be provided by another party as specified in this AGREEMENT. D. The CITY and COUNTY will be supportive of annexations to the CITY over time. The CITY shall endeavor to annex the unincorporated areas shown on Map A, in keeping with the following schedule: 1. Near to mid-term (3 to 5 years): Bull Mountain area and unincorporated lands north of the Tualatin River and south of Durham Road and Tigard Urban Service Agreement July 2006 Page 2 484 ~►~ir ~ . I.. if 6 - flF !I tit; ~ • ress a • - • r rail aa a LLI Jlt ~l~lo {{111I L~pM 1 y, . i •top oil. g w MW I± r r - - t. u A I - Z. ~ 811 T... ap _ ~ - Dur a LUVv r.. h L1LL1.11..L q.B~ `1 _ 11 - p . bid R " r. M Goole f i-~~ ./A t ELJ3 MAP A N Tigard Urban. Service Area Boundary November 2002 M N Tigard Urban Service Area Boundary A ~~s City of Tigard egg `;•',i':',v"'~'. X1-0 2000 0 2000 4000 Feet . 2. Far-term (10 years or later): Metzger area. E. Pursuant to ORS 195.205, the CITY and DISTRICTS reserve the right and may, subsequent to the enactment of this AGREEMENT, develop an annexation plan or plans in reliance upon this AGREEMENT in accordance with ORS 195.205 to 220. F. In keeping with the County 2000 Strategic Plan or its successor, the COUNTY will focus its energies on those services that provide county-wide benefit and transition out of providing municipal services that may benefit specific geographic areas or districts. The COUNTY recognizes cities and special service districts as the ultimate municipal service providers as specified in this AGREEMENT. The COUNTY also recognizes -cities as the ultimate local governance provider to the urban area. G.. Within twelve months of the effective date of this AGREEMENT and prior to any consolidation or transfer of duties or any single or multiple annexations totaling twenty acres, the parties shall identify any duties performed by the parties that will or may be assumed or transferred from one party to another party by annexation, consolidation or agreement. The affected parties shall identify how the duties will be transferred or assumed, including the transfer of employees and equipment. The process to transfer duties, employees and equipment shall account for the cumulative effects of annexation, consolidation and transfer by agreement. This process shall also address large scale annexations and the large scale transfer of duties by consolidation or agreement. In the event the affected parties cannot agree upon the processes to transfer duties, employees • and equipment, the provisions of Section VII of this AGREEMENT shall be used to resolve the dispute. H. The COUNTY shall have the responsibility for convening representatives for the purpose of amending this AGREEMENT, pursuant to ORS 195.065(2)(a). I. Notwithstanding the roles and responsibilities provided herein for designated service providers, METRO, the COUNTY, the CITY and the DISTRICTS agree that this AGREEMENT does not prohibit incorporation of a city that is otherwise allowed by law. H. AGREEMENT COORDINATION A. Existing intergovernmental agreements that are consistent with this AGREEMENT shall remain in force. This AGREEMENT shall control provisions of existing intergovernmental agreements that are inconsistent with the terms of this AGREEMENT. This AGREEMENT does not preclude any party from amending an existing inter-governmental agreement or entering into a new inter-governmental agreement with one or more parties for a service addressed in this AGREEMENT, provided such an agreement is consistent with the provisions of this AGREEMENT. B. The CITY and COUNTY have entered into an intergovernmental agreement for the CITY provision of building, land development and specific road services on behalf of the COUNTY to the unincorporated lands in the Bull Mountain area. Tigard Urban Service Agreement July 2006 Page 3 486 C. CITY and COUNTY shall endeavor to take all action necessary to cause their comprehensive plans to be amended to be consistent with this AGREEMENT within twelve months of execution of this AGREEMENT, but no later than sixteen months from the date of execution. III. AREA AFFECTED BY AGREEMENT This AGREEMENT applies to the Tigard Urban Service Area (TUSA) as shown on Map A and properties added to the Regional Urban Growth Boundary (UGB) that are to be annexed to the CITY in the future as described below in Section VIR. IV. URBAN SERVICE PROVIDERS A. The service provisions of this AGREEMENT, as described in Exhibits A through G, establish the providers and elements of urban.services for the geographic area covered in this AGREEMENT; and B. The following urban services are addressed in this AGREEMENT: 1. Fire Protection and Emergency Services (Exhibit A); 2. Public Transit (Exhibit B); 3. Law Enforcement (Exhibit C); 4. Parks, Recreation, and Open Space (Exhibit D); 5. Roads and Streets (Exhibit E); 6. Sanitary Sewer and Storm Water (Exhibit F); and 7. Water Service (Exhibit G). V. ASSIGNABILITY No assignment of any party's rights or obligations under this AGREEMENT to a . different, new or consolidated or merged entity shall be effective without the prior consent of the other'parties affected thereby. Any party to this AGREEMENT who proposes a formation, merger, consolidation, dissolution, or other major boundary change shall notify all other parties of the availability of the reports or studies required by Oregon State Statutes to be prepared as part of the proposal. VI. EFFECTIVE DATE OF AGREEMENT This AGREEMENT shall become effective upon full execution by all parties. Tigard Urban Service Agreement July 2006 Page 4 487 VII. TERM OF THE AGREEMENT This AGREEMENT shall continue to be in effect as long as required under state law. The COUNTY shall be responsible for convening the parties to this AGREEMENT for the review or modification of this AGREEMENT, pursuant to Section VIII. VIII. PROCESS FOR REVIEW AND MODIFICATION OF THE AGREEMENT A. Parties shall periodically review the provisions of this AGREEMENT in order to evaluate the effectiveness of the processes set forth herein and to propose any necessary or beneficial amendments to address considerations of ORS 195.070 and ORS 195.075. B. Any party may propose modifications to this agreement to address concerns or changes in circumstances. C. The body of this AGREEMENT (Recitals and Sections I through IX) may only be changed by written consent of all affected parties. Amendments to the exhibits of this AGREEMENT may be made upon written consent of the parties identified in each exhibit. D. The periodic review of this AGREEMENT and all proposed modifications to this AGREEMENT shall be coordinated by the COUNTY. All requests for the periodic review of this AGREEMENT and all proposed modifications shall be considered in a timely manner and all parties shall receive notice of any proposed amendment. Only those parties affected by an amendment shall sign the amended agreement. All amendments that include boundary changes shall comply with Chapter 3.09 of the METRO Code or its successor. E. Lands added to the Regional Urban Growth Boundary that are determined to be annexed to the CITY in the future by separate process, such an Urban Reserve Plan, shall be subject to this AGREEMENT. The appropriate service providers to new urban lands for the services addressed in this AGREEMENT shall be determined through the provisions of this Section unless those determinations are made through the development of an Urban Reserve Plan and all affected parties agree to the service determinations. This AGREEMENT shall be amended to address new urban lands and reflect the service provider determinations consistent with the provisions of this Section. F. In the event a new city is formed, the parties to this AGREEMENT shall consider any modifications or amendments to this AGREEMENT as may be necessary to assure ongoing compliance with ORS 195 and any other applicable laws. IX. DISPUTE RESOLUTION If a dispute arises between or among the parties regarding breach of this AGREEMENT • or interpretation of any term thereof, those parties shall first attempt to resolve the dispute by negotiation prior to any other contested case process. If negotiation fails to Tigard Urban Service Agreement July 2006 Page 5 488 resolve the dispute, the parties agree to submit the matter to non-binding mediation. Only after these steps have been exhausted will the matter be submitted to arbitration. Step 1 - Negotiation. The managers or other persons designated by each of the disputing parties will negotiate on behalf of the entities they represent. The issues of the dispute shall be reduced to writing and each manager shall then meet and attempt to resolve the issue. If the dispute is resolved with this step, there shall be a written determination of such resolution signed by each manager, which shall be binding upon the parties. Step 2 - Mediation. If the dispute cannot be resolved within 30 days of initiation of Step 1, a party shall request in writing that the matter be submitted to non-binding mediation, The parties shall use good-faith efforts to agree on a mediator. If they cannot agree, the parties shall request a list of five mediators from an entity or firm providing mediation services. The parties will attempt to mutually agree on a mediator from the list provided, but if they cannot agree, each party shall select one name and the two mediators shall jointly select a third mediator. The dispute shall be heard by the third mediator and any common costs of mediation shall be borne equally by the parties, who shall each bear their own costs and fees therefore. If the issue is resolved at this Step, then a written determination of such resolution shall be signed by each manager and shall be binding upon the parties. Step 3 - Arbitration. After exhaustion of Steps 1 and 2 above, the matter shall be settled by binding arbitration in Washington County, Oregon, in accordance with the Commercial Arbitration Rules of the American Arbitration Association, the rules of the Arbitration Service of Portland, or any other rules mutually, agreed to, pursuant to ORS 190.710-790. The arbitration shall be before a single arbitrator, nothing shall prevent the parties from mutually selecting an arbitrator or panel thereof who is not part of the AAA panel and agreeing upon arbitration rules and procedures. The cost of arbitration shall be shared equally. The arbitration shall be held within 60 days of selection of the arbitrator unless otherwise agreed to by the parties. The decision shall be issued within 60 days of arbitration. X. SEVERABILITY CLAUSE If any portion of this AGREEMENT is declared invalid, or unconstitutional by a court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portions of this AGREEMENT. XI. SIGNATURES OF PARTIES TO AGREEMENT In witness whereof, this AGREEMENT is executed by the authorized representatives of the COUNTY, CITY, DISTRICTS, and METRO. The parties, by their representative's signatures to this AGREEMENT, signify that each has read the AGREEMENT, understands its terms, and agrees to be bound thereby. Tigard Urban Service Agreement July 2006 489 Page 6 CITY OF TIGARD 06 By: Craig r- en, Mayor Date Approved as to Form: By: 12 City At~ rney • Tigard Urban Service Agreement July 2006 Page 7 490 TUALATIN VALLEY FIRE AND RESCUE DISTRICT By: Chairman, Board of Directors Date Approved as to Form: By: District Counsel Tigard Urban Service Agreement July 2006 Page 8 491 TUALATIN HILLS PARK AND RECREATION DISTRICT By: President, Board of Directors Date Approved as to Form: By: District Counsel Tigard Urban Service Agreement July 2006 Page 9 492 TRI-MET By: General Manager Date Approved as to Form: By: District Counsel • Tigard Urban Service Agreement July 2006 493 Page 10 • CLEAN WATER SERVICES By: Tom Brian, Chair Date Board of Directors Approved as to Form: By: District Counsel Tigard Urban Service Agreement July 2006 Page 11 494 • TIGARD WATER DISTRICT By: Chairman, Board of Directors Date Approved as to Form: By: District Counsel • Tigard Urban Service Agreement July 2006 495 Page 12 TUALATIN VALLEY WATER DISTRICT By: Chairman, Board of Directors Date Approved as to Form: By: District Counsel Tigard Urban Service Agreement July 2006 Page 13 496 WASHINGTON COUNTY- By: Tom Brian, Chair Date Board of Commissioners Approved as to Form: By: County Counsel w Tigard Urban Service Agreement July 2006 Page 14 497 METRO By: Presiding Officer Date Approved as to Form: By: Legal Counsel • Tigard Urban Service Agreement July 2006 Page 15 498 EXB BIT A PROVISIONS OF AGREEMENT FOR FIRE PROTECTION AND PUBLIC EMERGENCY SERVICES TUALATIN VALLEY FIRE AND RESCUE DISTRICT, CITY and COUNTY agree: 1. That the TUALATIN VALLEY FIRE AND RESCUE DISTRICT (TVFR) is and shall continue to be the sole provider of fire protection services to the Tigard Urban Service Area (TUSA) shown on Map A. 2. That TVFR, CITY and COUNTY are and shall continue to provide emergency management response services to the TUSA. 3. That TVFR is and shall continue to be the sole provider of all other public emergency services to the TUSA, excluding law enforcement services. • Tigard Urban Service Agreement July 2006 Page 16 499 EXHIBIT B PROVISIONS OF AGREEMENT FOR PUBLIC TRANSIT SERVICE TRI-MET, CITY, COUNTY and METRO agree: 1. That TRI-MET, pursuant to ORS Chapter 267, is currently the sole provider of public mass transit to the Tigard Urban Service Area (TUSA) shown on Map A. Future options for public mass transit services to the TUSA may include public/private partnerships to provide rail or other transit service, CITY operated transit service, and transit service by one or more public agency to all or part of the area. 2. That TRI-MET shall work with the COUNTY, CITY, and METRO to provide efficient and effective public mass transit services to the TUSA. Tigard Urban Service Agreement July 2006 Page 17 500 EXHIBIT C PROVISIONS OF AGREEMENT FOR LAW ENFORCEMENT COUNTY and CITY agree: 1. That as annexations occur within the Tigard Urban Service Area shown on Map A, the CITY will assume law enforcement services and the area will be withdrawn from the Enhanced Sheriffs Patrol District. The Sheriff's Office will continue to provide law enforcement services identified through the Cogan Law Enforcement Project and those services mandated by state law. Eventually, the Enhanced Sheriffs Patrol District, consistent with its conditions of formation, will be eliminated when annexations on a county-wide basis reach a point where the function of the District is no longer economically feasible. 2. That over time as annexations occur within the urban unincorporated area, the primary focus of the Sheriffs office will be to provide programs that are county-wide in nature or serve the rural areas of the COUNTY. The Sheriff's office will continue to maintain needed service levels and programs to ensure the proper functioning of the justice system in the COUNTY. The Sheriffs Office will also continue to provide available aid to smaller cities (e.g., Banks and North Plains) for services specified in the COUNTY'S mutual aid agreement with those cities upon their request. The Sheriffs Office will also consider requests to provide law enforcement services to cities on a contractual basis consistent with the COUNTY's law • enforcement contracting policy. 3. That the COUNTY and CITY and other Washington County cities, through the Cogan Law Enforcement Project, shall determine the ultimate functions of the Sheriffs Office that are not mandated by state law. 4. That the COUNTY and CITY shall utilize comparable measures of staffing that accurately depict the level of service being provided to residents of all local jurisdictions in the COUNTY. i Tigard Urban Service Agreement July 2006 Page 18 501 EXMBIT D PROVISIONS OF AGREEMENT FOR PARKS, RECREATION AND OPEN SPACE CITY, TUALATIN HILLS PARK AND RECREATION DISTRICT (THPRD), COUNTY, and METRO agree: I. That the CITY shall be the designated provider of park, recreation and open spaces services to the Tigard Urban Service Area (TUSA) shown on Map A. Actual provision of these services by the CITY to lands within the TUSA is dependent upon lands being annexed to the CITY. Within the Metzger Park Local Improvement District (LID), the CITY will be a joint provider of services. The CITY and THPRD, however, may also enter into inter- governmental agreements for the provision of park, recreation and open space services to residents within each other' boundaries, such as the joint use of facilities or programs. This provision does not preclude future amendments to this AGREEMENT concerning how park, recreation and open space services may be provided within the TUSA. 2. That the CITY and the COUNTY should further examine the feasibility of creating a park and recreation district for the TUSA. 3. That standards for park, recreation, and open space services within the TUSA will be as described in the CITY'S park master plan. • 4. That the CITY and COUNTY are supportive of the concept of a parks systems development charge as a method for the future acquisition and development of parks lands in the TUSA that are outside of the CITY. The CITY and COUNTY agree to study the feasibility of adopting such a systems development charge for lands outside of the CITY. 5. That at the next update of its parks master plan, the CITY shall address all the lands within the TUSA. 6. That the Metzger Park LID shall remain as a special purpose park provider for as long as a majority of property owners within the LID wish to continue to pay annual levies for the operation and maintenance of Metzger Park. The CITY and COUNTY also agree to the continuation of the Metzger Park Advisory Board. However, the COUNTY as administrator of the LID, may consider contracting operation and maintenance services to another provider if that option proves to be more efficient and cost-effective. This option would be presented and discussed with-the Park Advisory Board before the COUNTY makes a decision. 7. That continuation of the Metzger Park LID shall not impede provision of parks, and eventually recreation services, to the Metzger Park neighborhood by the CITY. Continuation of the Metzger Park LID will be considered as providing an additional level of service to the neighborhood above and beyond that provided by the CITY. Tigard Urban Service Agreement July 2006 502 Page 19 8. That the CITY and COUNTY will coordinate with Metro to investigate funding sources for acquisition and management of parks which serve a regional function. 9. That Metro may own and be the provider of region-wide parks, recreation and open space facilities within the TUSA. Metro Greenspace and Parks facilities typically are to serve a broader population base than services provided to residents of the TUSA by the CITY. Where applicable, the CITY, COUNTY, and METRO will aspire to coordinate facility development, management and services. Tigard Urban Service Agreement July 2006 503 Page 20 EXHIBIT E PROVISIONS OF AGREEMENT FOR ROADS AND STREETS CITY and COUNTY agree: 1. Existing Conditions and Agreements A. The COUNTY shall continue to retain jurisdiction over the network of arterials and collectors within the Tigard Urban Service Area (TUSA) that are specified on the COUNTY-wide roadway system in the Washington County Transportation Plan. The CITY shall accept responsibility for public streets, local streets, neighborhood routes and collectors and other streets and roads that are not part of the COUNTY-wide road system within its boundaries upon annexation if the street or road meets the agreed upon standards described in Section 2.C.(2) below. B. The COUNTY and CITY agree to continue sharing equipment and services with renewed emphasis on tracking of traded services and sharing of equipment without resorting to a billing system, and improved scheduling of services. Additionally, the COUNTY and CITY shall work to improve coordination between the jurisdictions so that the sharing of equipment and services is not dependent on specific individuals within each jurisdiction. The COUNTY and CITY shall also work to establish a more uniform accounting system to track the sharing and provision of services. C. Upon annexation to the CITY, the annexed area shall be automatically withdrawn from the Urban Road Maintenance District (URMD). D.. Upon annexation to the CITY, an annexed area that is part of the Washington County Service District For Street Lighting No. 1 shall be automatically withdrawn from the District. The CITY shall assume responsibility for street lighting on the effective date of annexation of public streets and COUNTY streets and roads that will be transferred to the CITY. The COUNTY shall inform PGE when there is a change in road jurisdiction or when annexation occurs and the annexed area is no longer a part of the street lighting district. 2. Road Transfers Transfer of jurisdiction may be initiated by a request from the CITY or the COUNTY. A. Road transfers shall include the entire right-0f--way (e.g., a boundary cannot be set down the middle of a road) and proceed in a logical manner that prevents the creation of segments of COUNTY roads within the CITY'S boundaries. Tigard Urban Service Agreement July 2006 504 Page 21 B. Within thirty days of annexation, the CITY will initiate the process to transfer jurisdiction of COUNTY and public streets and roads within the annexed area, including local streets, neighborhood routes, collectors and other roads that are not of county-wide significance. The transfer of roads should take no more than one year from the effective date of annexation. C. The COUNTY: (1) To facilitate the road transfer process, the COUNTY will prepare the exhibits that document the location and condition of streets to be transferred upon receipt of a transfer request from the CITY. (2) Prior to final transfer, the COUNTY: (a) Shall complete any maintenance or improvement projects that have been planned for the current fiscal year or transfer funds for same to the CITY. (b) Shall provide the CITY with any information it may have about any neighborhood or other concerns about streets or other traffic issues within the annexed area. This may be done by providing copies of COUNTY project files or other documents or through joint meetings of CITY and COUNTY staff members. • (c) Shall make needed roadway improvements so that all individual roads or streets within the area to be annexed have a pavement condition index (PCI) of more than 40 and so that the average PCI of streets and roads in the annexed area is 75 or higher. As an alternative to COUNTY-made improvements, the COUNTY may pay the CITY'S costs to make the necessary improvements. (d) Shall inform the CITY of existing maintenance agreements, Local Improvement Districts established for road maintenance purposes, and of plans for maintenance of transferred roads. The COUNTY shall withdraw the affected territory from any road maintenance LIDs formed by the COUNTY. D. The CITY: (1) Agrees to accept all COUNTY roads and streets as defined by ORS 368.001(1) and all public roads within the annexed area that are not of county-wide significance or are not identified in the COUNTY'S Transportation Plan as part of the county-wide road system provided the average PCI of all COUNTY and public roads and streets that the CITY is to accept in the annexed area is 75 or higher as defined by the COUNTY'S pavement management system. If any individual COUNTY or public street or road that the CITY is to accept within the area has an average PCI of 40 or less at the time of annexation, the CITY shall assume jurisdiction of the road or street only after the COUNTY has complied with Section 2.C.(2) of this exhibit. (2) Shall, in the event the transfer of roads does not occur soon after annexation, inform • the newly annexed residents of this fact and describe when and under what Tigard Urban Service Agreement July 2006 505 Page 22 conditions the transfer will occur and how maintenance will be provided until the transfer is complete. E. The CITY shall be responsible for the operation, maintenance and construction of roads and streets transferred to the CITY as well as public streets annexed into the CITY. CITY road standards shall be applicable to transferred and annexed streets. The CITY shall also be responsible for the issuance of access permits and other permits to work within the right-of-way of those streets. 3. Road Design Standards and Review Procedures and Storm Drainage The CITY and COUNTY shall agree on: A. The CITY and COUNTY urban road standards and Clean Water Service standards that will be applicable to the construction of new streets and roads and for improvements to existing streets and roads that eventually are to be transferred to the CITY, and streets and roads to be transferred from the CITY to the COUNTY; B. The development review process and development review standards for COUNTY and public streets and roads within the TUSA, including COUNTY streets and roads and public streets that will become CITY streets, and streets and roads that are or will become part of the COUNTY-wide road system; and • C. Maintenance responsibility for the storm drainage on COUNTY streets and roads within the TUSA in cooperation with Clean Water Services. 4. Review of Development Applications and Plan Amendments A. The COUNTY and CITY, in conjunction with other Washington County cities and the Oregon Department of Transportation (ODOT), shall agree on a process(es) and review criteria (e.g., types and levels of analysis) to analyze and condition development applications and plan amendments for impacts to COUNTY and state roads. B. The review process(es), review criteria, and criteria to condition development and plan amendment applications shall be consistent with the Oregon Highway Plan, the Regional Transportation System Plan, COUNTY and CITY Transportation Plans and Title 6 of METRO'S Urban Growth Management Functional Plan. 5. Maintenance Cooperation A. The COUNTY and CITY, in conjunction with ODOT, shall consider developing an Urban Road Maintenance Agreement within the TUSA area for the maintenance of COUNTY, CITY, and state facilities, such as separately owned sections of arterial streets and to supplement the 1984 League of Oregon Cities Policy regarding traffic lights. • Tigard Urban Service Agreement July 2006 506 Page 23 A. The COUNTY and CITY, in conjunction with other Washington County cities, shall - develop a set of minimum right-of-way maintenance standards and levels of activity to be used in performance of services provided under the exchange of services agreement described above in 5. a. _ C. The COUNTY may contract with the CITY for the maintenance of COUNTY streets and roads within the TUSA utilizing an agreed upon billing system. D. The COUNTY, CITY and ODOT, in conjunction with other Washington County cities, will study opportunities for co-locating maintenance facilities. 6. Implementation Within one year of the effective date of this AGREEMENT, the CITY and COUNTY agree to develop a schedule that describes when the provisions of this exhibit shall be implemented. Tigard Urban Service Agreement July 2006 507 Page 24 . EXIT F PROVISIONS OF AGREEMENT FOR SANITARY SEWER AND STORM WATER MANAGEMENT CLEAN WATER SERVICES, (CWS), CITY and COUNTY agree: 1. As a county service district organized under ORS 451, CWS has the legal authority for the sanitary sewage and storm water (surface water) management within the CITY and the urban unincorporated area. CWS develops standards and work programs, is the permit holder, and operates the sanitary sewage treatment plants. 2. The CITY performs a portion of the local sanitary sewer and storm water management programs as defined in the operating agreement between the CITY and CWS. This agreement shall be modified on an as-needed basis by entities to the agreement. 3: At the time of this AGREEMENT, the following are specific issues that the parties have addressed as part of this process and agree to resolve through changes to current intergovernmental agreements. A. Rehabilitation of Sewer Lines with Basins Identified with High Levels of Infiltration and Inflow (I & 1). B. For lines that are cost-effective to do rehabilitation, CWS and the CITY will consider cost-sharing regardless of line size under a formula and using fund sources to be agreed on between CITY and CWS. The cost-share is to-be determined through specific project intergovernmental agreements. Following the evaluation of program funding methods, CWS, in cooperation with the CITY, will determine the long-term funding for I & I and other rehabilitation projects. C. CWS, with assistance from the CITY and other Washington County cities, shall undertake periodic rate studies of monthly service charges to determine whether they are adequate to cover costs, including costs of maintenance and rehabilitation of sewer lines. The rate study shall consider sewer line deterioration and related maintenance and repair issues. 4. Master and Watershed Planning: A. Primary responsibility for master and watershed planning will remain with CWS, but the CITY will be permitted to conduct such planning as long as these plans meet CWS standards. CWS and the CITY shall use uniform standards, such as computer modeling, to conduct these studies. CWS and the CITY shall determine their respective cost- sharing responsibility for conducting these studies. Tigard Urban Service Agreement July 2006 508 Page 25 B. CWS and the CITY, in conjunction with other Washington County cities using the City/District Committee established by CWS, shall develop uniform procedures for the coordination and participation between CWS, the CITY and other cities when doing master and watershed planning. 5. Sanitary Sewer Systems Development Charges CWS and the CITY, in conjunction with other Washington County cities, shall use the results of the CWS Conveyance System Management Study, or updates, for options for collection and expenditure of SDC funds to address current disparities between where funds are collected and where needs are for projects based on an agreed upon CITY/CWS master plan. 6. Storm Water Management System Development Charges A. CWS and the CITY shall use the results of the CWS Surface Water Management Plan Update Project to address all aspects of storm water management and to provide more direction to CWS and the CITY. B. Watershed plans being prepared by CWS for storm water management shall address the major collection system as well as the open-channel system to identify projects for funding. 7. Maintenance CWS, in cooperation with the CITY and other Washington County cities, shall use the results of the CWS Conveyance System Management Study for guidance to resolve issues related to roles of the DISTRICT and the cities in order to provide more cost effective maintenance of the collection systems. Tigard Urban Service Agreement July 2006 509 Page 26 EXHIBIT G PROVISIONS OF AGREEMENT FOR WATER SERVICE TUALATIN VALLEY WATER DISTRICT (TVWD), TIGARD WATER DISTRICT (TWD), CITY and COUNTY agree: 1. Supply: A. Supply generally will not impact service boundaries, given that a limited number of sources provide all the water in the study area and the number of interconnections between providers are increasing and are encouraged to continue in the future. B. Future supply and conservation issues may be addressed through the Regional Water Consortium to the extent reasonable and practicable for water providers in Washington County. Service providers in the TUSA shall continue to participate in the Consortium and use it as the forum for raising, discussing and addressing supply issues. C. The Consortium may also serve as a forum to discuss and resolve water political issues to the extent reasonable and practicable for water providers in Washington County. The Consortium is an appropriate forum to bring elected officials together and for promoting more efficient working relationships on water supply and conservation issues. D. Intergovernmental agreements shall address ownership of interconnections between CITY and Districts' sources, whether for the purpose of wholesale provision of water from one entity to the other or for emergency use, in the case of a boundary change that involves the site of the interconnection. 2. Maintenance/Distribution: A. TVWD, TWD and the CITY do not anticipate any events in the foreseeable future that would necessitate maintenance, rehabilitation or replacement beyond the financial reach of any of the water providers in the TUSA. Each provider will continue to be responsible for providing the financial revenue stream through rates and charges and to accrue adequate reserves to meet foreseeable major maintenance needs. B. TVWD, TWD, CITY, and COUNTY agree to maintain and participate in the Cooperative Public Agencies of Washington County in -order to efficiently share and exchange equipment and services. C. To the extent reasonable and practicable, TVWD, TWD and the CITY shall coordinate mandated (under Oregon law) underground utility locating services to efficiently provide service within the urban service areas. D. TVWD, TWD and CITY agree to provide to one another copies of as-builts of existing and new facilities and other types of water system maps for the purposes of facilitating Tigard Urban Service Agreement July 2006 Page 27 510 planning, engineering and design of other utilities or structures that may connect, intersect or be built in proximity to CITY facilities. The CITY agrees to incorporate such mapping into its GIS mapping system of utilities and other facilities. TVWD, TWD and CITY agree to develop and maintain a common, on-going, up to date GIS mapping system showing facilities of each water provider within the TUSA. 3. Customer Service/Water Rates: A. Price of supply and bonded indebtedness will most likely have the greatest impact on rates. B. TVWD, TWD, and the CITY believe that rates are equitable within the TUSA. C. Given adequate water pressure, level and quality of service should not vary significantly among different water providers in the TUSA and does not appear to be an issue for most customers. 4. Withdrawal/Annexation/Merger: A. Notwithstanding Section I of this AGREEMENT - Roles and Responsibilities, or existing agreements between the providers, future annexations may lead to changes in service provision arrangements. Modifications to any service area boundary shall comply with METRO Code Chapter 3.09 and provisions identified under Section TV. If necessary, the Metro Boundary Appeals process shall be employed to resolve conflicts between parties as they arise. TVWD, TWD, and the CITY shall continue to work together to adjust boundaries as appropriate to improve the cost-effectiveness and efficiency of providing service. B. In the event that the entire service area of any DISTRICT is annexed in the future, that district shall be dissolved. No attempt shall be made to maintain the district by delaying annexation of a token portion of the district (e.g., the district office). C. The area of TVWD known as the Metzger service area shall remain in TVWD, except those portions agreed to by both TVWD and CITY that may be withdrawn from TVWD upon annexation to the CITY. In exchange, TVWD will support the CITY joining as a partner of the Joint Water Commission. D. Providers that propose a merger, major annexation or dissolution shall give all providers in the study area an opportunity to influence the decision as well as plan for the consequences. None of the parties waives its right to contest a major or minor boundary change by any of the other parties on the issue of the appropriate service provider for the area encompassed by the boundary change except when the party has expressly waived that right as to a described service area in an agreement executed subsequent to this agreement. Tigard Urban Service Agreement July 2006 511 Page 28 Pre-App Notes: Cach Creek Annexation Basic Information Comprehensive Plan Map Medium-Density Residential Designation Zoning R-7 - Total Area of Annexation 32.24 acres Territory Maximum Density 224 Units Other Districts Tigard Water District, TVF& Other Designations ! Tigard Urban Service Area, Tigard Urban Planning Area, j Area of Interest Properties to be included in the annexation Trust for Public Land (Owner): • No address (2S105CD00100) City of Tigard (Owner): • 13230 SW 154` Ave (2S105DB06100) • No address (2S105D000201) Tigard Water District (Owner): • 0 13425 SW 154th Ave (2S105DB00400) Cach Family Trust (Owner): 0 15160 SW Sunrise Ln (2S105D000400) • No address (2S 105D000300) • No address (2S 105D000100) *to be consolidated with lot 200 • No address (2S105D000200)**lot line to be adjusted Sunrise Lane ROW (Washington County) Applicable Policies Development Code Chapters 18.320 (Annexation) & 18.390 (Decision-making procedures) Comprehensive Plan Policies 2 (Citizen Involvement) & 10 (Urbanization) Metro Code Chapter 3.09 (Local Government Boundary Changes) ORS Chapter 222 (City Boundary Changes) Local Agreements Urban Planning Area Agreement (1988, 2004) Tigard Urban Services Agreement (2002) Annexation Process Type IV Procedure (See 18.390.060) Submittal requirements: 512 • Completed application form • Completed annexation consent form • Completed annexation petition for "Double Majority" Annexation • Legal description of proposed annexation territory • Map identifying proposed annexation territory (outlined in red) • Certification of legal description • Certification of property ownership • Certification of registered voters • Applicant's narrative rz- 513