Ordinance No. 00-17 1
CITY OF TIGARD,OREGON
ORDINANCE NO.2000-l )
AN ORDINANCE ADOPTING FINDINGS AND CONCLUSIONS TO APPROVE AN ANNEXATION (ZCA) 99-
00020 — AREA 15 - -WALNUT ISLAND ANNEXATION AND WITHDRAWING PROPERTIES FROM THE
TIGARD WATER DISTRICT, WASHINGTON COUNTY ENHANCED SHERIFT'S PATROL DISTRICT,
WASHINGTON COUNTY URBAN ROADS MAINTENANCE DISTRICT, WASHINGTON COUNTY STREET
LIGHTING DISTRICT#1,AND THE WASHINGTON COUNTY VECTOR CONTROL DISTRICT.
WHEREAS,the City of Tigard is authorized by ORS 222.750 to arrex property not inside the City which is surrounded by
the corporate boundaries of the City;and
WHEREAS,the City of Tigard is authorized by ORS 222.120(5)and ORS 222.520 to withdraw properties which currently
lie within the boundary of the Tigard Water District, Washington County Enhanced Sheriffs Patrol District, Washington
County Urban Roads Mairitenance District, Washington County Street Lighting District #1, and the Washington County
Vector Control District upon completion of the annexation;and
WHEREAS,the Tigard City Council held a public hearing on December 7, 1999 to initiate annexation proceedings and on
February 8,2000 to consider the annexation of 35 parcels of land consisting of 17.8 acres and withdrawal of said properties
from the Tigard Water District, Washington County Enhanced Sheriffs Patrol District, Washington County Urban Roads
Maintenance District, Washington County Street Lighting District#1, and the Washington County Vector Control District;
and
WHEREAS,Pursuant to ORS 222.520(2)the City is liable to the Tigard Water District for certain debt obligations,however,
in this instance the District has no debt for the City to assume,therefore,no option regarding the assumption of debt needs to
be made; and
-IEREAS,pursuant to Metro 3.09 Local Government Boundary Changes,ORS 222.120,222.524 and ORS 227.175,notice
as given and the City held a public hearing on February 8,2000 on the issue of the annexation into the City and withdrawal
of those annexed properties from the Tigard Water District, Washington County Enhanced Sheriffs Patrol District,
Washington County Urban Roads Maintenance District, Washington County Street Lighting District#1,and the Washington
County Vector Control District upon completion of the annexation; and
WHEREAS, pursuant to ORS 222.524, the City must declare the withdrawal of annexed properties from the Tigard Water
District, Washington County Enhanced Sheriffs Patrol District, Washington County Urban Roads Maintenance District,
Washington County Street Lighting District#l,and the Washington County Vector Control District upon completion of the
annexation by Ordinance;and
WHEREAS,the Tigard Development Code states that upon annexation,the zone is automatically changed to the City zoning
most closely conforming to the County zoning;and
WHEREAS,the equivalent zoning district to the Washington County R-7 is City of Tigard R-7;and
WHEREAS, the annexation has been processed in accordance with the requirements of Metro 3.09 Local Government -
Boundary Changes,the Tigard Development Code and Comprehensive Plan and the applicable criteria are found to be met;
and
WHEREAS,the City Council has carefully considered the testimony at the public hearing and determined that the annexation
into the City of Tigard and withdrawal of the Tigard rJater District, Washington County Enhanced Sheriffs Patrol District,
Washington County Urban Roads Maintenance District,Washington County Street Lighting District#1,and the Washington
County Vector Control District upon completion of the annexation is in the best interest of the City of Tigard and the affected
i _properties.
'"NOW,THEREFORE,THE,CITY OF TIGARD ORDA0S AS FOLLOWS:
ORDINANCE NO.2000- `7 i:\citywide\ord\Walnut Island Area-l.ord
Pagel of 2 Julia P H 18-January2000 5:30 PM
1
SECTION 1: The City Council adopts the findings and conclusions in the staff report and in accordance with the Metro
3.09 requirements,the City Council specifically adopts the findings and conclusions regarding the Metro 3.09
criteria on page 3 of the staff report,which is attached as Exhibit"A"of this Ordinance.
'RECTION 2: The Tigard City Council hereby annexes the parcels described in Exhibit"B" and shown in Exhibit "C"
and withdraws said parcels from the Tigard Water District, Washington County Enhanced Sheriffs Patrol
District,Washington County Urban Roads Maintenance District,Washington County Street Lighting District
#1,and the Washington County Vector Control District.
SECTION 3: Upon annexation,the affected properties shall be designated as follows:
Current Comprehensive Plan Designation and Zoning
Wa.Co.R-7
Equivalent City of Tigard Comprehensive Plan Designation and Zoning
City of Tigard R-7
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 S: The City Recorder is hereby directed to file certified copies of the Ordinance with Metro for administrative
processing.
SECTION 6: Pursuant to ORS 222.465, the effective date of the withdrawal of these properties from the Tigard Water
District shall be July 1,2000.
SECTION 7: Pursuant to ORS 222.120, the effective date of the withdrawal of these properties from the Washington
County Enhanced Sheriffs Patrol District, Washington County Urban Roads Maintenance District,
Washington County Street Lighting District#1,and the Washington County Vector Control District
shall be the effective date of the annexation.
SECTION S: In accordance with ORS 222.180,the annexation shall be effective upon filing with the Secretary of State.
PASSED: By U ha )mcws vote of all Council members present after being read by number and title only,
this 91:�'_day of 2000.
AAL'—Li'"
6therine-Wheatley,City Recorder
APPROVED: By Tigard City Council thisX=day of 2000.
A roved As t f rm:
V. Brian J. Moore, Council President
i Attoley,
Date— -z
I
ORDINANCE NO.2000- i:\citrwide\ord\Walnut Island Area-Lord
Page 2 of 2 Julia p H 18-January2000 5:30 PM
EXHI., �
Staff has determined that the proposal is consistent with the relevant portions of the
Community Development Code based on the following findings:
Section 18.320.020: This Section addresses approval standards for annexation proposals
and Is satisfied because:
The applicable Comprehensive Plan Policies and Community Development Code provisions have
been reviewed and satisfied as previously indicated in this report.
When the City took responsibility for Urban Services through the Urban Services Agreement, the
County re-zoned the properties to the equivalent City of Tigard zoning at that time, therefore the
appropriate City zoning is already attached o the properties.
Metro 3.09 requires the additional standards to be addressed in annexation decisions, in
addition to the local and state review standards. These are addressed and satisfied as
discussed 'below:
Consistency with the directly applicable provisions in an urban service provider agreement or
annexation plan adopted pursuant to ORS 195.065;
The processing has been done consistent with applicable Urban Service Provider agreements.
Consistency with directly applicable provisions of urban planning or other agreement, other
than agreements adopted pursuant to ORS 195.065, between the affected entity and a
necessary party;
The process required by the Development Code and comprehensive plan is consistent with the
Urban Planning Agreement for annexations.
Consistency with specific directly applicable standards or criteria for boundary changes
contained in comprehensive land use plans and public facility plans;
This has been discussed previously in this report and, as discussed, it satisfied.
Consistency with specific directly applicable standards or criteria for boundary changes
contained in the Regional Framework Plan or any functional plans;
Because the Development code has been amended to comply with applicable Metro functional pian
requirements, by complying with the development code and comprehensive plan, the annexation is
consistent with applicable functional plan and Regionai Framework plan.
Whether the proposed changes will promote or rot interfere with the timely, orderly and
economic provisions of public facilities and services;
The proposed annexation will not interfere with the provisions of public facilities or services because
the City of Tigard completely surrounds the subject parcels. Because the City surrounds the walnut
island area, the proposed annexation will facilitate more orderly provision of public services than is
currently the case and will eliminate confusion regarding service providers in this area.
If the proposed boundary change is for annexation of territory to Metro, a determination by
Metro Council that the territory should be included in the Urban Growth Boundary shall be
the primary criterion for approval;
The subject property is already within the Metro boundaries.
Consistency with other applirable cnieria for the in question undcF state anrd local lair.
Consistency with other applicable criteria has been discussed previously in this report.
STAFF REPORT TO THE CITY COUNCIL PAGE 3 OF 4
ZCA 99-00006-ZCA 99-00020 WALNUT ISLAND ANNEXATION 2/8/2000 PUBLIC HEARING
EXIU `�' 'I E�
Description 15
A tract of land situated in Section 4, Township 2 South, Range 1 West, Willamette, and
Meridian,Washington County,Oregon,being more particularly described as follows;
Beginning at the northeast corner of lot 6 Obrs Heights as recorded in Book 22 Page 43 of
the Washington County Subdivision Records; thence S 890 30' W, along the north line of
said lot 6 a distance of 169.06 feet to the northwest Corner of said lot 6; thence S 00°30'E,
along the west line of lot 6 and lot 8 ,a distance of 289.83 feet to the southeast corner of lot
8 Obrs Heights; thence S 89°37'W,along the south line of lot 8,a distance of 46.56 feet to
the northeast corner of lot 9 Obrs Heights; thence S 00°43' W,along the east line of said
lot 9, a distance of 175.00 feet to the southeast corner of lot 9; thence S 89°37' W,along
the South line of said lot 9, a distance of 155.98 feet to the southwest comer of said lot 9;
thence S 00°43' W,along the east line of lot 2 Obrs Heights,a distance of 19.80 feet to the
southeast corner of said lot 2; thence S 89° 37' W, along the south line of said lot 2, a
distance of 144.02 feet to the southwest corner of said lot 2 and the northwest corner of lot 1
Obrs Heights; thence S 00° 43' W, along the west line of said lot 1, a distance of 155.21
feet to the southwest corner of said lot 1; thence N 891 37' E, along the south line of lots
1,10,& 11 a distance of 340.00 feet to the extension of the east line of lot 29 Handy Acres as
recorded in Book 10 Page 31 of the Washington County Subdivision Records; thence S 00°
42' 55 W, along the east line of said lot 29 and the west line of Vista Lake as recorded in
Book 26 Page 44 of the Washington County Subdivision Records, a distance of 369.73;
thence S 890 32' 41" W a distance of 139.78 feet; thence N 000 42' 55" E a distance of
319.98 feet to the southerly right of way of SW Fem Street; thence S 890 37'W,along said
southerly right of way, a distance of 50.02 feet; thence S 000 42' 55" W a distance of
319.81; thence S 89° 32' 41" W a distance of 100.09 feet; thence S 00° 42' 55" W a
distance of 319.60 to the north line of Hillshire as recorded in Book 85 Pages 45—50 of the
Washington County Subdivision Records; thence N 890 43' 30"E,along said north line, a
distance of 509.84 feet to the east right of way of SW 135a' Street; thence N 000 43' E,
along said east right of way, a distance of 120.00 feet; thence N 880 01' E a distance of
150.00 feet; thence .J 00'-+.3 a distance VP'1200.00
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thence N 880 01' E, along said north line a distance of 50.21 feet; thence S 00° 43' W a
distance of 6.29 feet; thence N 89° 36' 09"E along the center line of Section 4, a distance
of 163.91 feet to the extension of the east line of lot 31 Handy Acres; thence N 006 51' E,
ISLAND ANNEXATION 18
along the east line of lots 31 and 33 Handy Acres, a distance of 847.35 feet to the center
line of SW WalnuStreet being a point on a curve to the right; thence along said curve with
a radius of 573.00 feet a delta of 24°42'59"(a chord which bears N 510 2229"W,245.27
feet; and a length of 247.18 feet to a point of tangency; thence N 39° 01' W, along said
center line,a distance of 151.29 feet to a point of curve to the right; thence along said curve
with a radius of 477.50 feet a delta of 26° 31' 30" (a chord which bears N 251 31'30" W,
222.81 feet; and a length of 224.88 feet to a point which is on the extension of the north line
of lot 6 Obrs Heights; thence S 890 30'W,along the extension of said north line,a distance
of 25.00 feet to the point of beginning.
EXCLUDING THE FOLLOWING:
Commencing at the southeast corner of lot 32 Handy Acres; thence N 00°54'W,along the
east line of said lot 32,a distance of 114.77 feet to the initial point of Pr_tition Plat 1997-
031 as recorded in Washington County Subdivision records and the True Point Beginning;
thence N 001 54' W,along the east line of said Partition Plat,a distance of 115.41 feet to the
northeast corner of said Partition Plat; thence S 88°00' 14"W,along the north line of said
Partition Plat,a distance of 182.59 feet to the east right of way of SW 135th Avenue; thence
S 00°48'25"W,along the west line of said Partition Plat and said east right of way,a
distance of 115.41 feet to the southwest corner of said Partition Plat; thence S 88°00'04"
W,along the south line of said Partition Plat,a distance of 182.40 feet to the True Point of
Beginning.
ALSO EXCLUDING THE FOLLOWING:
Commencing at the southeast corner of lot 32 Handy Acres; thence N 00°54'W,along the
east line of said lot 32,a distance of 345.58 feet to the True Point Beginning; thence N
00°54'W,along the east line of said lot 32,a distance of 115.41 feet; thence S 88°00' 14"
W a distance of 182.59 feet to the east right of way of SW 1351'Avenue; thence S 00°48'
25"W,said east right of way,a distance of 115.41 feet; thence S 88100, 14"W,along a
distance of 182.40 feet to the True Point of Beginning.
ISLAND ANNEXATION 19
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