Loading...
Ordinance No. 03-06 CITY OF TIGARD,OREGON ORDINANCE NO.2003- 0.0 AN ORDINANCE ADOPTING FINDINGS AND CONCLUSIONS TO APPROVE AN ANNEXATION (ZCA) 2003-00001BRETTON WOODS SUBDIVISION 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 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 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 July 22,2003 to consider the annexation of a parcel of land consisting of 2.34 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 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 on July 22,2003; 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, 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-4.5,therefore,no zone change is necessary; and ORDINANCE NO.2003- QJ- ZCA2003-01 Bretton Woods Subdivision Annexation Pagel 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 1,2004. SECTION 6: In accordance with ORS 222.180, the annexation shall be effective upon filing with the Secretary of State. PASSED: By U n Ct A l YY1 4S vote of all Council mArnbers present after being read by number and title only,this as nd day of ,2003. therine Wheatley,City Recorder APPROVED: By Tigard City Council thisO�o� day of U Appro d A ey ORDINANCE NO.2003- rA 0 _ ZCA2003-01 Bretton Woods Subdivision Annexation Page 2 of 2 EXHIBIT A ALPHA ENGINEERING, INC. APRIL 9, 2003 LEGAL DESCRIPTION JOB NO. 328-014 ANNEXATION OF PROPOSED`BRETTONWOOD" TO CITY OF TIGARD A PARCEL OF LAND BEING A PORTION OF LOT 28 AND LOT 29, "WILLOWBROOK FARM", LOCATED IN THE NORTHEAST ONE-QUARTER OF SECTION 15, TOWNSHIP 2 SOUTH,RANGE 1 WEST, WILLAMETTE MERIDIAN, WASHINGTON COUNTY, OREGON,BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE INITIAL POINT OF"REBECCA PARK", WASHINGTON COUNTY PLAT RECORDS; THENCE ALONG THE SOUTH LINE OF SAID PLAT AND ITS EASTERLY EXTENSION THEREOF, (BEING ALSO THE EXISTING CITY LIMIT LINE OF THE CITY OF TIGARD) SOUTH 89°45'38"EAST,666.51 FEET TO THE WEST RIGHT OF WAY LINE OF SOUTHWEST 108'AVENUE(C.R.NO. 1366)(BEING 20.00 FEET WESTERLY AT RIGHT ANGLE MEASURE FROM THE CENTERLINE OF SOUTHWEST 108TH AVENUE); THENCE ALONG SAID RIGHT-OF-WAY LINE SOUTH 00011'57" EAST, 150.36 FEET TO THE SOUTH LINE OF THE LAND DESCRIBED IN DEED DOCUMENT 2001-015347, WASHINGTON COUNTY DEED RECORDS; THENCE LEAVING SAID RIGHT-OF-WAY LINE ALONG THE SOUTH LINE OF SAID DEED , SOUTH 89048'40"WEST, 666.49 FEET TO THE SOUTHWEST CORNER OF SAID DEED; THENCE LEAVING SAID LINE,ALONG THE WEST LINE OF SAID DEED,NORTH 00011'57"WEST, 155.34 FEET TO THE POINT OF BEGINNING. CONTAINING 2.34 ACRES MORE OR LESS. BASIS OF BEARING PER THE PLAT OF"REBECCA PARK", WASHINGTON COUNTY PLAT RECORDS. REGISTERED PROFESSIONAL LAND SURVEYOR C > DREG ,JULY 14 1998 JC..Atd t:4.DAW875LE-FFJGM .w•�� �-31_e� N:\proj\328-014\Word\32814Annexation_leg.doc Plaza West -Suite 230 -9600 SW Oak -Portland, Oregon 97223 Office 503-452-8003 - Fax 503-452-8043 -www.alpha-eng.com - CITY of TIGARD VICINITY MAP ." F.. ( DURHAM RD W ICA2003 00001 Gow"ARD IN I � LIMlt�*sii p I BRETTON WOODS SUBDIVISION CO ANNEXATION �/� A LN \ \ V o a r S W I a WASHINGTD"� .I I 00 J I r I DO CT I � � N 0 1CG 200 33G 43C SCO Feet _r— ' � 1"-35:feet I 7 I I C'iR of'l i and g I / Information on this map is for general bocalmn-!y,and l oO e ces� lsion. � _ _- s7 oald b_deriFed.vi1h the L1eve'oprnent So✓i � I ST I -- 13125 5'JJ Hall Blva 177 -f f TI i 3ard,OR 97223 i5C3i 539-4171 _-_. wur,v.cl.figard.ar us Community Development Plot date:Jun 3 2003 C:\rnajc\MAGlCO3.APR 9