Loading...
Ordinance No. 06-04 QTY OF TIGARD, OREGON TIGARD QTY COUNCIL ORDINANCE NO. 06- Oq AN ORDINANCE ANNEXING 3.525 ACRES, APPROVING WILSON RIDGE NO. 2 ANNEXATION (ZC:A2005-00005), 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, 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 he within the boundary of the Tigard Water District, the Washington County Enhanced Sheriff's 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 April 25, 2006, to consider the annexation of two parcels of land and portions of the rights-of-way of both SW Bull Mountain Road and SW 133rd Avenue for a total of 3.525 acres and withdrawal of said property from the Tigard Water District, the Washington County Enhanced Sheriff's 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 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 Sheriff's Patrol District, Washington County Urban Roads Maintenance District, Washington County Street Lighting District # 1,and the Washington County Vector Control District on April 25,2006;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 Sheriff's Patrol District, Washington County Urban Roads Maintenance District, Washington County Street Lighting District # 1,and the Washington County Vector Control District by Ordinance; and ORDINANCE NO.200& 0 ZCA2005-00005 Wilson Ridge No.2 Annexation Page 1 of 3 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 zoning district is R-7, an existing City zone that has been adopted by the County and the zoning after annexation would remain R-7 so that no zone change is necessary, and by annexation the Comprehensive Plan of the City of Tigard goes into effect;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 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 from the Tigard Water District, the Washington County Enhanced Sheriff's Patrol District, Washington County Urban Roads Maintenance District, Washington County Street Lighting District# 1, and the Washington County Vector Control District. SECIION 2: The Tigard City Council adopts the "Staff Report to the City Council" as findings in support of this decision; a copy is attached hereto as Exhibit D and incorporated herein by this reference. SECTION 3: This ordinance shall be effective 30 days after its passage by the Council, signature by the Mayor and posting by the City Recorder. SECTION 4: City staff is directed to take all necessary measures to implement the annexation, including certified copies of the Ordinance with Metro for administrative processing, filing with state and county agencies as required by law, and providing notice to utilities. SECTION 5: Pursuant to ORS 222.120(5), the effective date of the withdrawal of the property from the Washington County Enhanced Sheriff's 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 6: Pursuant to ORS 222.465,the effective date of the withdrawal of this property from the Tigard Water District shall be July 1,2007. SECTION 7: In accordance with ORS 222.180, the annexation shall be effective upon filing with the, t Se'cretary of State. , ORDINANCE NO.2006- ZCA2005-00005 Wilson Ridge No.2 Annexation Page 2 of 3 PASSED: By U MM)mous vote of all Cour it members present after being read by number and title only,thisaS 'day of )2006. Catherine Wheatley, City Recorder APPROVED: By Tigard City Council this« ^day of ,2006. Ap roved as to form: Nick Wilson, Council President ,Attorney- Date ORDINANCE NO.2006- ZCA2005-00005 Wilson Ridge No.2 Annexation Page 3 of 3 Nov. 4, 2005 10:38AM Alpha Community Development EXHIBIT A alh a COMMUNITY DEVELOPMENT LEGAL DESCRIPTION JOB NO. 402-027 WILSON RIDGE NO.2 ANNEXATION A PARCEL OF LAND LOCATED IN THE NORTHEAST ONE—QUARTER OF SECTION 9, TOWNSHIP 2 SOUTH, RANGE 1 WEST, WILLAMETTE MERIDIAN, WASHINGTON COUNTY,OREGON,DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF S.W. BULL MOUNTAIN ROAD (COUNTY ROAD NO. 2515) LYING 20.00 FEET, RIGHT ANGLE MEASURE, NORTHEASTERLY OF THE CENTERLINE, FROM WHICH THE SOUTHWEST CORNER OF PARCEL 2 OF PARTITION PLAT NO. 2000.086 BEARS SOUTH 59°20'07" EAST, 57.18 FEET;THENCE ALONG SAID LINE NORTH 59020'07"' WEST, 542.89 FEET TO A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF S.W. BULL MOUNTAIN ROAD, SAID POINT BEING THE INTERSECTION WITH THE NORTHERLY EXTENSION OF THE WESTERLY RIGHT-OF-WAY LINE OF S.W. 133RD AVENUE LYING 25.00 FEET, RIGHT ANGLE MEASURE, WEST OF THE CENTERLINE OF S.W. 133RD AVENUE; THENCE ALONG SAID EXTENSION AND WESTERLY RIGHT-OF-WAY LINE SOUTH 00031'25" EAST, 433.67 FEET; THENCE SOUTH 88028'35" EAST, 50.00 FEET TO A POINT ON THE EASTERLY RIGHT-0E-WAY LINE OF S.W. 133RD AVENUE;SAID POINT ALSO BEING THE SOUTHWEST CORNER OF THE PROPERTY DESCRIBED IN DEED DOCUMENT_ NO. 92062674, THENCE ALONG THE SOUTH LINE OF SAID PROPERTY SOUTH 89°26'35" EAST, 201.50 FEET TO THE SOUTHEAST CORNER OF SAID PROPERTY,THENCE ALONG THE MOST SOUTHERLY WEST LINE OF THE PROPERTY DESCRIBED IN DEED DOCUMENT NO. 97046401 TO THE SOUTHWEST CORNER OF SAID PROPERTY SOUTH 01031'18" WEST, 44.14 FEET, THENCE SOUTH 88046"45" EAST, 235.56 FEET TO THE SOUTHEAST CORNER OF SAID PROPERTY SAID POINT ALSO BEING A POINT ON THE WEST LINE OF THE PROPERTY DESCRIBED IN DEED DOCUMENT NO. 97048724; THENCE ALONG SAID LINE NORTH 01013'18" EAST, 156.30 FEET TO A POINT ON THE SOUTH RIGHT-OF-WAY UNE OF S.W. BULL MOUNTAIN ROAD; THENCE ALONG SAID LINE NORTH 59020'07" WEST, 13.88 FEET TO A POINT WHICH IS THE INTERSECTION OF SAID LINE WITH THE SOUTHERLY EXTENSION OF THE WESTERLY RIGHT-OF-WAY LINE OF S.W. FORAN TERRACE; THENCE ALONG SAID LINE NORTH 01038'36" EAST, 45.74 FEET TO POINT OF BEGINNING. CONTAINING APPROXIMATELY 153,541 SQUARE FEET OR 3.525 ACRES. THE BASIS OF BEARING FOR THIS DESCRIPTION IS WASHINGTON COUNTY SURVEY NO.29,960, IEGISl'ERED PROFEWIORVAL SID SURVEYOR REWN N-,\prof\328-027\Word\LEG/tL DESCRIPTION_WILSONRIDGE2.doc UAR , va>aY�s,�s� CRAIG WK FOMES Plaza WeSf-Svife 230-9600 5W Oak-Porflond-Oregon 97223 2730 Office 503 452-8003-Fax 5103 452-8043 1 nQl 1 JNTI L I' OS EXHIBIT B 01 E � SFT�zb $ gg ,sC _ J .._ ✓ �� Y �8 v P / °�e §iy' $ ;$ d'� a\ :..._—i .- 9y�i�v •__ '� '_, A(�Z S .?, •"v ='"da` 'eTgm_sy a�� ago �l�C�s�. DRIVE m, .. 1 i g j j --- ---- HoI gra go _ :a o ig g „%s `I 61 I m F I dol I L —go W l v j8 go ' I j8 ml }8 8.g 2.6 m ..� SW 133RD AVENUE / f±7- co 7- ofgo 1