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Ordinance No. 02-01 CITY OF TIGARD,OREGON Attachment 4 (Option#4) ORDINANCE NO.2002 01 - AN ORDINANCE ADOPTING FINDINGS AND CONCLUSIONS TO APPROVE AN ANNEXATION (ZCA) 2001-00001/PACIFIC CREST ANNEXATION 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, CLEAN WATER SERVICES,AND THE WASHINGTON COUNTY VECTOR CONTROL DISTRICT. WHEREAS,the City of Tigard is authorized by ORS 222.120(4)(B) and 222.170 to initiate an annexation upon receiving consent in writing from a majority of the electors registered in the territory proposed to be annexed and written consent from owners of more than half the land in the territory proposed to be annexed; and WHERE AS, the City if 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 Sheriffs Patrol District, Washington County Urban Roads Maintenance District, Washington County Street Lighting District #1, Clean Water Services, and the Washington County Vector Control District upon completion of the annexation; and WHEREAS, the Tigard City Council held a public hearing on January 8, 2002 to consider the annexation of 9 parcels of land consisting of 40.5 acres 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, Clean Water Services, 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 froin the Tigard Water District, the Washington County Enhanced Sheriffs Patrol District, Washington County Urban Roads Maintenance District, Washington County Street Lighting District 41, Clean Water Services, and the Washington County Vector Control District on January 8,2002; 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 41, Clean Water Services, and the Washington County Vector Control District 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 current and proposed zoning district is R-7,therefore,no zone change is necessary; and ORDINANCE NO.2002- ZCA2001-00001 Pacific Crest Annexation Page 1 of 2 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 parcel described in the attached Exhibit "A" and shown in Exhibit "B" and withdraws said parcel from the Tigard Water District, the Washington County Enhanced Sheriffs Patrol District, Washington County Urban Roads Maintenance District, Washington County Street Lighting District #1, Clean Water Services, and the Washington County Vector Control District. SECTION 2: This ordinance shall be effective 30 days after its passage by the Council, signature by the Mayor and posting by the City Recorder. SECTION 3: The City Recorder is hereby directed to file certified copies of the Ordinance with Metro for administrative processing. SECTION 4: 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, Clean Water Services, and the Washington County Vector Control District shall be the effective date of this annexation. SECTION 5: Pursuant to ORS 222.465, the effective date of the withdrawal of this property from the Tigard Water District shall be July 1,2002. SECTION 6: In accordance with ORS 222.180, the annexation shall be effective upon filing with the Secretary of State. PASSED: By Ljna 61 lYlijtt.5 vote of all Council members present after being read by number and title only,this ""' day of -' "l u tuL�i )2002. Catherine Wheatley, City Recorde APPROVED: By Tigard City Council this �t.�� day of 12002. Oes E. G fith,Wor A proved as to fo 7 ity Attorney Date ORDINANCE NO.2002- 01 ZCA200 1-00001 Pacific Crest Annexation Page 2 of 2 EXHIBIT A DOR 34-P125-2001 Option 4 City of Tigard Mathew SCheidegger Preliminary Review 503-639-4171 x 317 A tract of land located within the southeast one-quarter of Section 5, Township 2 South, Range 1 West, W.M., Washington County, Oregon, being all of those properties conveyed by Documents No. 98003628, 96083948, 95037734, 93041431, 91063265, & 90039399, and a portion of that property conveyed by Document No. 92022661, and being more particularly described as follows: Commencing at a 3-1/4" brass disk found for the corner common to Section 4, 5, 8 and 9, Township 2 South, Range 1 West, W.M.; Thence, along the line common to said Sections 4 and 5, North 00154'00" East, 199.81 feet to the Point of Beginning; Thence, leaving said section line, along the north line of that property conveyed by Document No. 93062234, North 89050'03" West, 208.00 feet to the northeast corner of that property conveyed by Document No. 95050603; Thence, along the north line of last said property, South 70024'32" West, 110.59 feet; Thence, continuing along said north line, North 88115'03" West, 89.75 feet to the northwest corner thereof; Thence, along the west line thereof, South 00056'42" West 145.55 feet to the north right-of--way line of SW Sunrise Lane (20-foot wide) as dedicated in Deed Book 148, Page 546,- Thence, 46;Thence, along said north right-of-way line, North 89050'00" West, 50.00 feet to the most westerly line of said property conveyed by Document No. 98003628; Thence, along said most westerly line and the most southerly west line of that property conveyed by Document No. 96083948, North 0056'42" East, 530 feet, more or less, to the center of a ravine; Thence, Northwesterly down the center of said ravine, 750 feet, more or less, to the most westerly south line of said property conveyed by Document No. 95037734; Thence, along said most westerly south line, North 89030'16" West, 704.90 feet, more or less, to the east right-of-way line of SW Menlor Lane (40-foot wide) as dedicated in Deed Book 147, Page 81 ; Thence, along said east right-of-way line, North 03049'59" East, 100.17 feet to the most westerly north line of said property conveyed by Document No. 90039399; Thence, along said most westerly north line, South 89030'16" East, 1,057.84 feet, more or less, to the southeast corner of that property conveyed by Document No. 92022661; Thence, along the east line thereof, North 00159'42" East, 188.64 feet; Thence, leaving last said east line, North 89°00'18" West, 122.98 feet; Thence North 00059'42" East, 144.19 feet to the most westerly south line of said property conveyed by Document No. 93041431; Thence, along said most westerly south line, North 87°1550" West, 838.61 feet to the southwest corner thereof; Thence, along the west line of the last said property, North 10021'58" East, 412.41 feet to the south right-of-way line of SW Menlor Lane (40-foot wide) as dedicated in Deed Book 147, Page 81; Thence, along said south right-of-way line, North 89034'49" East, 66.45 feet to the northerly line of Street Vacation No. 391, (Document No. 990111175); Thence, along said northerly line, on the arc of a 195.83-foot radius curve left, through an angle of 12°35'45", (the chord of which bears North 64°17'52" East, 42.96 feet), an arc length of 43.05 feet to the west line of"Hillshire Creek Estates No. 4", (Document No. 2000048405); Thence, along said west line, South 10021'58" West, 335.85 feet to the southwest corner thereof; Thence, along the south line of the last said property, South 87015'50" East, 844.32 feet to the southeast corner thereof; Thence, along the east line of the last said property, North 0055'40" East, 712.21 feet to the northeast corner thereof, also being the southwest corner of"Hillshire Creek Estates", (Document No. 96045841); Thence, along the south line of said "Hillshire Creek Estates", South 89042'05" East, 424.57 feet to the southeast corner thereof, also being on the line common to said Sections 4 and 5; Thence, along last said line South 0054'00" West, 2,212.00 feet to the Point of Beginning. Containing 9.90 Acres additional to annexed. ALSO INCLUDING the following described property: Commencing at the corner to section 4,5,8, and 9, Township 2 South, Range 1 West W.M.; Thence along the line common to said Sections 4 and 5 N 000 54' 00" E 199.81 feet to the True Point of Beginning; Thence N 001, 54' 00" E, along said section line, 2,438.37 feet to the '/4 Corner between Section 4 & 5; Thence N 00° 56' 00" E, along said section line, 1794.56 feet to the southerly right-of-way of SW Barrows Road; Thence N 320 45' 10" E, along said southerly right-of-way line, 189.67 feet; Thence S 000 56' 00" W, parallel with and 100 feet from said section line, 1955.69 feet Thence S 001, 54' 00" W, Parallel with and 100 feet from said section line, 2,2438.34 feet; Thence N 890 06' 00" W, 100.00 feet to the True Point of beginning. Containing 9.90 Acres additional to annexed. /y CITY of - ,�, t( � GEOGR/.PHIL IN FOR MN TION SYSTEM VICINITY MAP p ' i SO �N 1 cy wALN TLN ZCA200 1-0000 1 PACIFIC CREST ANNEXATION RGar (OPTION # 4) m I! LEGEND: � I �� - - - City limits w JENSHI E I I Ay s R I y�,. a T1 D Tigard Area Map N o� I N� 5 0 400 800 Feet \ 5� 1'=632 feet s`r zyE NP City of Tigard 3 - ILLSHIRE DR ^ ( ti-,the nap is for gen;ral location onll anc / should be venfied with the Development Services Dvisicn. c 13125 SW Hall Blvd Tigard,OR 97.23 I, (503)639-4171 \ \ OT I ,q �� (� htp.lfv cl.ligarc onus CommLnity Development Plot date:Jan 8,20C2;C:\magic\MAGIC03APR