Ordinance No. 04-11 t CITY OF TIGARD, OREGON
ORDINANCE NO. 04-J J
AN ORDINANCE ANNEXING THE ALPINE VIEW AREA,APPROVING ANNEXATION ZCA
2004-00002,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#I,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,and the Washington County Vector Control District upon completion of the annexation; and
WHEREAS,the Tigard City Council held a public hearing on November 9, 2004 to consider the annexation of
four (4) parcel of land consisting of 8.70 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 91, 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 91, and the Washington County Vector
Control District on November 9,2004; 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
WHEREAS, the Tigard Urban Service Agreement and Community Development Code state, 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
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
ORDINANCE NO.04-11 ZCA2004-02 Alpine View Annexation
Page I of 2
4 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 ,frorn 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
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 ORS 222.455, the effective date of the withdrawal of this property from the Tigard
Water District shall be July 1,2005.
SECTION 6: In accordance with ORS 222.180,the annexation shall be effective upon filing with the Secretary
of State.
SECTION 7: Pursuant to 18.320.020.0 of the Community Development Code, the comprehensive plan and
zoning designation placed on the properties shall be automatically applied upon approval of the
Council.
SECTION 8: City Council shall adopt the findings and conclusions contained in Section N of the Staff Report
to the City Council for ZCA2004.00002.
PASSED: By vote of all Council members present after being real by number and title
only,this_ day of_/'�ny��nlZY ,2004.
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APPROVED: By Tigard City Council this % day 01,92W, 9 ,2004.
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ORDINANCE NO.04-11 ZCA2004-02 Alpine View Annexation
Page 2 of 2
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EXHIBIT "A".
CITY OF TIGARD
ANNEXATION
LEGAL DESCRIPTION
Revised September 22;2004
THE PURPOSE OF THIS LEGAL DESCRIPTION IS TO COMBINE IN ONE
DOCUMENT THE BOUNDARIES OF THOSE LANDS DESCRIBED IN DEED
DOCUMENT No. 89-101550, 90-4 .679 AND 97--119775 CONTAINED HEREIN
FOR ANNEXATION TO THE CITY OF TIGARD.
TRACT OF LAND SITUATED IN THE N.E_ QUARTER OF SECTION 9, TOWNSHIP
2 SOUTH, RANGE 1 WEST, OF THE WILLAMETTE MERIDIAN, WASHINGTON
COUNTY, OREGON, BEING MORE PARTICULARILY DESCRIBED AS
FOLLOWS:
COMMENCING AT THE NORTH QUARTER. CORNER OF SAID SECTION 9,
BEING MARKED BY A 3 114 INCH DIAMETER ALUMINIUM DISK; THENCE
ALONG THE NORTH LINE OF SECTION 9, S 89053'02" E 326.62 FEET TO THE
NORTI-.WEST CORNER OF THAT-LAND AS DESCRIBED IN DEED BOOK 803,
PAGE 480, THENCE ALONG THE WEST LINE_ OF LAST SAID DEED AND THE
EAST LINE OF THE DULY RECORDED PLAT OF -THREE MOUNTAIN
ESTATES", S 00°00'08" E 450.00 FEET TO THE NORTHWEST CORNER OF THAT
LAND AS DESCRIBED IN DEED DOCUMENT No. 89-101850, AND THE "TRUE
POINT OF BEGINNING" OF THIS DESCRIPTTC)N; THENCE ALONG THE
NORTH LINE OF SAID DOCUMENT No_ 89-101850, S 89°53'02"E 291.86 FEET TO
THE NORTHEAST CORNER OF LAST SAID DEED; THENCE ALONG THE EAST
LINE OF LAST SAID DEED S 00004'52" E 248.00 FEET TO THE NORTHWEST
CORNER OF THAT LAND DESCRIBED IN DEED DOCUMENT No_ 90-041679;
THENCE ALONG THE NORTH LINE OF LAST SAID DEED N 89°51'54" E 250.00
FEET TO AN ANGLE POINT IN THE NORTH LINE OF SAID DEED; THENCE
CONTINUING ALONG SAID NORTH LINE S 89045'47"E 19.65 FEET TO THEN E_
CORNER OF SAID DOCUMENT No_ 90-041679, BEING ON THE WEST LINE OF
THE DULY RECORDED PLAT OF"RAVEN RIDGE% THENCE ALONG THE EAST
LINE OF LAST SAID DEED AND ALONG THE WEST LINE-OF SAID "RAVEN
RIDGE" AND THE DULY RECORDED PLAT OF "FORAM", S 01°01'12" E 409.45
FEET TO THE S.E_ CORNER OF DOCUMENT No. 90-041679; THENCE ALONG
THE SOUTH LINE OF LAST SAID DEED S 89052'48" W-294.21 TO AN ANGLE
POINT IN SAID SOUTH LINE; THENCE CONTRRJING- ALONG SAID SOUTH
LINE S 00°04'52"E 431.08 FEET TO THE NORTHERLY RIGHT OF WAY LINE OF
S.W_ BULL MOUNTAIN ROAD, THENCE ALONG SAID NORTHERLY RIGHT OF
WAY•LINE N 60059'55" W 28.61 .FEET TO THE S.E CORNER OF THAT TRACT
OF LAND DESCRIBED IN DEED BOOK 871, PAGE 544; THENCE ALONG THE
WEST LINE OF SAID DOCUMENT NO. 90041679 N 00°04'52" W 406.90 FEET TO
U
THE S_E_ CORNER OF THAT TRACT OF LAND DESCRIBED IN DEED IN DEED
DOCUMENT No. 97-119775; `INCE ALONG THE SOUTH LINE OF LAST SAID
TRACT N 89053'02" W 242.78 FEET TO THE S-W_ CORNER OF SAID DOCUMENT
NO. 97-11'9775; THENCE ALONG THE WEST LINE OF . SAID DOCUMENT
NUMBERS 97-1,1975 AND 89-10185 AND ALONG THE EAST LINE OF AFORE
SAID `THREE MOUNTAIN ESTATES", N 0000'08" W 667:97 FEET TO THE
TRUE POINT OF BEGINNING.
CONTARffNG: 7.25 ACRES
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