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Ordinance No. 03-09 CITY OF TIGARD, OREGON ORDINANCE NO. 03- AN ORDII\ANCE ADOPTING FINDINGS AND CONCLUSIONS TO APPROVE AIN ANNEXATION (7CA) 2003-00002 (COOPh,R/6011AN .ANNEXATION) AND WITHDRAWING PROPERTY FROM THE TIC-ARD NV_ATER DISTRICT, THE WASHINGTON COUNTY ENHANCED SHERIFF'S I'A'1'ROL DISTRICT. WASHINGTON COUNTY URBAN ROADS MAiNTENANCE DISTRiC:T, WASHINGTON COUNTY STREE-1- LIGHTLNG DISTRICT #I, AND THE WASHINGTON COUNTY VECTOR CONTROL DISTRICT, AND TRANSFF,RRING SANITARY SEWER SERVICE, FROM CLEAN WATER SERVICES. W11EREAS, the City of Tigard is authorized by ORS 222.120(4)(}3) and 222.170 to initiate an annexation upon receiving consent in writing from a majority of the electors registered in the territory proposed to he 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, Washington County Enhanced Sheriffs Patrol District, Washington County Urban Roads Maintenance District, Washington County Street Lighting District -tl, Clean Water Services for purposes of providing direct sanitary service, arid tlic Washington County Vector Control District upon completion of the annotation; and WHEREAS, the Tigard City Council held a public hearing on October 14, 2003 to consider the annexation of two (2) parcels of land consisting of 1.9 acres and withdrawal of said property from the Tigard Nater District, the Washington County Enhanced Sheriffs Patrol District, Washington County Cuban Roads Maintenance District, Washington County Street Lighting District #1, and the Washington County Vector Control District, and transfer of sanitary sewer sen ice from Clean `Vater Services; and NVIIEREAS, pursuant to ORS 222.520(2) the City is liable to the Water District for certain debt obligations, however, in this instance the `Vater 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 liew-ing 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 Distract 411, and the Washington County Vector Control District on October 14, 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, Waslurigton County Urban Roads Maintenance District, Washington County Street Lighting District .`?1, and the Washing on 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 NVIIEREAS,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'1'igard_ ORDINANCE NO.03 ZCA200.3-00002Rohait'(_'u4)perAnncxation Pa-e I of 2 NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: The Tigard City Council hereby annexes the parcels shown in the attached Exhibit "A" and further described in Exhibits "B and C" 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: 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 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 shall be the effective date of this annexation. SECTION 5: Pursuant to an agreement between Clean Water Services and the City, upon the effective date of this ordinance, the City will be the agency responsible for providing direct sanitary service to the property or properties that are annexed. 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, 2004. SECTION 7: In accordance with ORS 222.180, the annexation shall be effective upon filing with the Secretary of State. PASSED: By U QnlmD\6 vote of all Council members present after being read by number and title only, this ki day of Cp C-+0 r ,2003. c6ban:62�- Lk t9therine Wheatley, City Recorder APPROVED: By Tigard City Council this 1 day of D( -4- -)!QL _ ,2003. r App owed as to form: C ra►9 Di r Kse n� &uv c1 l Prts l a44j C Attorney Date ORDINANCE NO.03-Q ZCA2003-00002 Bohan/Cooper Annexation Page 2 of 2 CRI 7 Of 0 E 0 0 R A P H IC INFO RHATIB M SYSTEM VICINITY MAP a� 00, J w O G, ZCA2003 - 00002 - - - - - - - - 4 BOHAN /COOPER ANNEXATION 0 __j Q � to SW MARC I � a i s Q f , V1rA I NOT NO NTY T3YJ;}F5 FERpF; • ALNUT L W - ; LU AC" Uj CL f.1 1iz ROSY ,J. - J IMF, [JU FLHAM RD co ^J ..e Tgar4Arta Hap N LU w 0 100 200 300 400 500 Feet z z 0 1 = 396 feet 0L JENSHJRE °U Cite of J igard SW LAURE Information on this map is for general location only and should be verified with the Development Services Division. 13125 SW Hall Blvd Tigard, OR 97223 �Uy}, (503)639-4171 t� http #www .ci.tigard.or.us Community Development Plot date: Oct 1 , 2003, C 1magicl lAOIC03.APP EXHIBIT-B ANNEXATION DESCRIPTION FOR 2S 10413C, TAX LOT 00600 The legal description as per Dick Love Land Survey: Lot 10, Handy Acres in the County of Washington and State of Oregon. EXHIBIT-C ANNEXATION DESCRITPION FOR 2S 10413C, TAX LOT 01900 A tract of land situated in the Northwest One-quarter of Section 4 Township 2 South, Range 1 West, Willamette Meridian, City of Tigard, Washington County, Oregon described as follows: Beginning at the Northwest Corner of lot 21 Handy Acres as recorded in Book 10 Page 31 of the Washington County Subdivision records; thence S 00° 42' 58" W, along the west line of lot 21, a distance of 519.30 feet; thence N 89° 43' 30" E, a distance of 120.00 feet; thence N 00° 42' 58" E a distance of 250.00 feet to the True Point of Beginning; thence S 89° 43' 30" W a distance of 69.94 feet; thence N 00° 42' 58"E a distance of 283.22 feet to the southerly right-of-way of SW Fern Street and a point on a non tangent curve to the right: thence along said curve to the right with a radius of 333.12 feet, a central angle of 12°06' 54" (a chord which bears N 84° 47' 07" E, 70.31 feet) and a length of 70.44 feet; thence S 00° 42' 58" W, leaving said southerly right of way, a distance of 289.28 feet to the Point of Beginning. Containing 20105 square feet or 0.46 acres